Opinion of the Advocate General — ECLI:EU:C:1999:24
Date: 1999-01-26
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Milk products
Procedure: Reference for a preliminary ruling
Origin: Sweden

Summary of the Judgment 
Agriculture — Common organisation of the markets — Milk and milk products — 
Additional levy on milk — Allocation of reference quantities exempt from the levy — 
Initial allocation in a Member State which acceded to the European Communities in 
1995— Determination on the basis of average quantities delivered between 1991 and 
1993 — Application of reductions to new producers and producers who have increased 
their production — Requirement of a continuous period of production — Whether 
permitted by Regulation 3950/92 and by the principle of non-discrimination 
(EC Treaty, Art. 40(3), second subpara, (now, after amendment, Art. 34(2), second 
subpara., EC); 1994 Act of Accession, Council Regulation No 3950/92 
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SUMMARY — CASE C-292/97 
Regulation No 3950/92 establishing an 
additional levy in the milk and milk 
products sector, as amended by the Act 
concerning the conditions of accession of 
the Republic of Austria, the Republic of 
Finland and the Kingdom of Sweden, and 
the principle of equal treatment enshrined 
more specifically in the second subpara­
graph of Article 40(3) of the Treaty (now, 
after amendment, the second subparagraph 
of Article 34(2) EC), are to be interpreted 
as not precluding national legislation gov­
erning the initial allocation of individual 
reference quantities (milk quotas) and 
adopted by a Member State which acceded 
to the European'Communities on 1 Janu­
ary 1995, whereby: 
— individual reference quantities for pro­
ducers who did not alter their produc­
tion between 1 January 1991 and 
31 December 1994 are determined on 
the basis of the average quantities 
delivered between 1991 and 1993; 
— new producers who commenced pro­
duction between 1 January 1991 and 
31 December 1994 and producers who 
increased their production during the 
same period, but not producers who 
did not alter their production between 
1 January 1991 and 31 December 
1994 and 'ecological' milk producers, 
have a reduction applied (and at dif­
ferent rates) in the calculation of their 
milk quotas; 
— an individual reference quantity is 
granted only to producers who can 
show that their production was con­
tinuous between 1 March 1994 and 
1 January 1995, unless a producer who 
was compelled to interrupt delivery 
during that period can show special 
circumstances justifying the grant of a 
reference quantity. 
(see paras 41, 61 and operative part ) 
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