1992R3950 — EN — 01.04.1993 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 3950/92
of 28 December 1992
establishing an additional levy in the milk and milk products sector
(OJ L 405, 31.12.1992, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 748/93 of 17 March 1993 L77 16 31.3.1993
►M2Council Regulation (EEC) No 1560/93 of 14 June 1993 L154 30 25.6.1993
►M3Commission Regulation (EC) No 647/94 of 23 March 1994 L80 16 24.3.1994
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COUNCIL REGULATION (EEC)No 3950/92
of 28 December 1992
establishing an additional levy in the milk and milk products sector
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Whereas,pursuanttoCouncilRegulation(EEC)No856/84of31March
1984 amending Regulation (EEC) No 804/68 on the common organ-ization of the market in milk and milk products(
3), an additional levy
scheme was introduced from 2 April 1984 in the said sector; whereasthepurposeofthisscheme,introducedfornineyearsandduetoexpireof 31 March 1993, was to reduce the imbalance between supply anddemand on the milk and milk-products market and the resulting struc-tural surpluses; whereas the scheme remains necessary in the future inorder to achieve a better market balance; whereas it should thereforecontinue to be applied for seven further consecutive 12-month periodsstarting on 1 April 1993;
Whereas,inordertomakefulluseoftheexperiencegainedinthisarea
and in the interests of simplification and clarification with a view toensuring the legal certainty of producers and other parties concerned,the basic rules of the extended scheme should be laid down in aseparate regulation, their scope and diversity should be reduced andCouncilRegulation(EEC)No2074/92of30June1992establishinganadditional levy on the milk and milk-products sector(
4), adopted as an
interimmeasurebytheCouncil,andRegulation(EEC)No857/84of31March 1984 laying down general rules for the application of the levyreferredtoinArticle5cofRegulation(EEC)No804/68inthemilkandmilk-products sector(
5), should both be repealed, without prejudice to
theobligationsandundertakingsenteredintounderthesaidRegulation;
Whereasthemethodadoptedin1984,consistingoftheapplicationofa
levytoquantitiesofmilkcollectedorsoldfordirectconsumptionabovea certain guarantee threshold, must be maintained; whereas the saidthreshold is expressed for each Member State by a guaranteed totalquantity which may not be exceeded by the sum of the individuallyallocatedquantitiesforbothdeliveriesandsalesfordirectconsumption;whereas the quantities are established for the seven periods as from 1April 1993 and take account of the various factors relating to thescheme in the past;
Whereasinparticular,aCommunityreservewascreatedatthestartof
the scheme to take account of the difficulties created for certainMemberStatesbytheimplementationofaschemeforcontrollingmilkproduction;whereasthesaidreservehadbeenincreasedseveraltimestomeetthespecialneedsofcertainMemberStatesandcertainproducers;whereas in the light of this experience the various parts of theCommunity reserve should be incorporated into the guaranteed totalquantities and the reserve be abolished;
Whereas the Council has decided, in the context of the reform of the
commonagriculturalpolicy,totakeadefinitivedecisiononthelevelofthetotalquantitiestoapplyduringthefirstofthetwoperiodsoftwelve
(1) OJ No C 337, 31. 12. 1991, p. 35.
(2) OJ No C 94, 13. 4. 1992, p. 101.
(3) OJ No L 90, 1. 4. 1984, p. 10.
(4) OJ No L 215, 30. 7. 1992, p. 69.
(5) OJ No L 90, 1. 4. 1984, p. 13. Regulation as last amended by Regulation
(EEC) No 817/92 (OJ No L 86, 1. 4. 1992, p. 85).
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months, in the light, in particular, of a report on the market situation
which the Commission will present before each of these periods;
Whereasifanyofthetotalguaranteedquantitiesisoverrun,theconse-
quence for the Member State is that the producers who contributed totheoverrunmustpaythelevy;whereasthelevyondeliveriesandsalesfordirectconsumptionshouldbefixedat115%ofthetargetpriceformilk;whereasadifferenceinratesisnolongerjustifiedifproducersareplaced in a comparable position as regards the calculation of the levy;
Whereas, in order to keep the management of the scheme sufficiently
flexible, provision should be made for individual overruns to beequalledoutoveralltheindividualreferencequantitiesofthesametypewithintheterritoryofaMemberState;whereasinthecaseofdeliveries,which constitute nearly all the quantities marketed, the need to ensurethat the levy is fully effective throughout the Community justifies, inprinciple, continuing to allow Member States the choice between twomethods of equalling out overruns of individual reference quantities,bearinginmindthevarietyofmilkproductionandcollectionstructures;whereas,inthisconnection,MemberStatesshouldbeauthorizednottoreallocate unused reference quantities at the end of a period, whethernationally or between purchasers, and to use the amount collected inexcess of the levy due for funding national restructuring programmesand/or to refund it to producers of certain categories or producers whofind themselves in an exceptional situation;
Whereas, in order to avoid, as in the past, long delays between collec-
tionandpaymentofthelevy,whichareincompatiblewiththescheme’sobjective,provisionshouldbemadeforthepurchaser,whoseemsinthebest position to carry out the necessary operations, to be liable for thelevy, and for him to be given the means to collect the levy from theproducers who owe it;
Whereas the individual reference quantity should be defined as the
quantity available, irrespective of any quantities which may have beentransferred temporarily, on 31 March 1993, the expiry date of the nineinitialperiodsofapplicationofthelevyscheme;whereastheprinciplesor provisions pursuant to which the said quantity must or may bereduced or increased under the extended scheme should be specified;
Whereas,therefore,undertherulesfordeterminingtheindividualrefer-
ence quantities, account should be taken of producers who have provi-sionally received a specific quantity under the scheme in the past;
Whereas it has been agreed that application of the arrangements to
controlmilkproductionmustnotjeopardizetherestructuringofagricul-tural holdings in the territory of the former German DemocraticRepublic; whereas the difficulties encountered make it necessary toextendforafurtherperiodtheflexibilityintroducedintothosearrange-ments for that territory, while ensuring that it remains the sole benefi-ciary;
Whereas reference quantities for deliveries and direct sales should be
adapted to reflect economic realities and whereas a producer shouldtherefore be entitled to have a reference quantity increased or estab-lishedwhereanotherisreducedorabolishedcommensurately,oncondi-tion that the request is duly justified by the need to take account ofchanges in his marketing requirements;
Whereasexperiencehasshownthatthatimplementationofthisscheme
presupposes the existence of a national reserve to accommodate allthosequantitieswhich,forwhateverreasons,arenot,orarenolonger,allocated individually; whereas a Member State may need to havereferencequantitiesavailabletocaterforspecialsituations,determinedbyobjectivecriteria;whereasitshouldbeauthorized,tothisend,totopup its national reserve, especially following a linear reduction in allreference quantities;
Whereas the temporary transfer of parts of individual reference quant-
ities in Member States which have authorized this has proven to be animprovement to the scheme; whereas this facility should therefore beextended to all producers; whereas, however, implementation of thisprinciple should not stand in the way of further structural change and
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adjustment, nor fail to take account of the resulting administrativedifficulties;
Whereas when the additional levy system was brought in in 1984, the
principlewasestablishedthatwhenanundertakingwassold,leasedortransferred by inheritance, the corresponding reference quantity wastransferred to the purchaser, tenant or heir; whereas this originaldecision should not be changed; whereas, however, national provisionsto safeguard the legitimate interests of the parties should be imple-mentedinallcasesoftransfer,wherethepartiesarenotinagreement;
Whereas, in order to continue restructuring milk production and
improvingtheenvironment,certainderogationstotheprinciplelinkingreferencequantitiestoholdingsshouldbeextended,andMemberStatesshould be authorized to continue implementing national restructuringprogrammes and to organize some degree of mobility for referencequantities within a given geographical area, on the basis of objectivecriteria;
Whereas the purpose of the levy provided for in this Regulation is to
stabilize the market in milk products; whereas the revenue accruingfromthisRegulationshouldthereforebeusedforfinancingexpenditurein the milk sector,
HAS ADOPTED THIS REGULATION:
Article 1
Forsevennewconsecutiveperiodsoftwelvemonthscommencingon1
April 1993, an additional levy shall be payable by producers of cow’smilkonquantitiesofmilkormilkequivalentdeliveredtoapurchaserorsolddirectlyforconsumptionduringthe12-monthperiodinquestioninexcess of a quantity to be determined.
The levy shall be 115 % of the target price for milk.
Article 2
1. Thelevyshallbepayableonallquantitiesofmilkormilkequiva-
lent marketed during the 12-month period in question in excess of therelevantquantityreferredtoinArticle3.Itshallbesharedbetweentheproducers who contributed to the overrun.
InaccordancewithadecisionoftheMemberState,thecontributionof
producers towards the levy payable shall be established, after theunused reference quantities have been reallocated or not, either at thelevelofthepurchaser,inthelightoftheoverrunremainingafterunusedreference quantities have been allocated in proportion to the referencequantities of each producer, or at national level, in the light of theoverrun in the reference quantity of each individual producer.
2. As regards deliveries, before a date and in accordance with
detailedrulestobelaiddown,thepurchaserliableforthelevyshallpaytothecompetentbodyoftheMemberStatetheamountpayable,whichhe shall deduct from the price of milk paid to producers who owe thelevy or, failing this, collect by any appropriate means.
Whereas a purchaser replaces in whole or in part one or more
purchasers, the individual reference quantities available to producersshall be taken into account for the remainder of the twelve-monthperiod in progress, less quantities already delivered and account beingtaken of their fat content. The same provisions shall apply where aproducer transfers from one purchaser to another.
Wherequantitiesdeliveredbyaproducerexceedhisreferencequantity,
the purchaser shall be authorized, by way of an advance on the levypayable, in accordance with detailed rules laid down by the MemberState,todeductanamountfromthepriceofthemilkinrespectofanydelivery by that producer in excess of his reference quantity.
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(tonnes)
MemberState Deliveries Directsales3. Asregardsdirectsales,theproducershallpaythelevypayableto
the competent body of the Member State before a date and in accord-ance with rules to be laid down.
4. Wherethelevyispayableandtheamountcollectedisgreaterthan
thatlevy,theMemberStatemayusetheexcesstofinancethemeasuresreferred to in the first indent of Article 8 and/or redistribute it toproducerswhofallwithinprioritycategoriesestablishedbytheMemberState on the basis of objective criteria to be determined or who areaffectedbyanexceptionalsituationresultingfromanationalprovisionunconnected with this scheme.
▼
M2
Article 3
1. The sum of the individual reference quantities of the same type
may not exceed the corresponding total quantities for each MemberState.
2. The following total quantities shall be fixed without prejudice to
possible review in the light of the general market situation and partic-ular conditions existing in certain Member States:
▼
M3
Belgium 3066337 244094
Denmark 4454459 889
Germany(1) 27764778 100038
Greece 625985 4528
Spain 5200000 366950
France 23637283 598515
Ireland 5233805 11959
Italy 9212190 717870
Luxembourg 268098 951
The Netherlands 10983195 91497
Portugal 1804881 67580
United Kingdom 14247283 342764
(1)6244566 tonnes of which for deliveries to purchasers established on the territory of the
newLänderand 8801 tonnes of which for direct sales in the Länder.
▼M2
The increase of the total quantities for Belgium, Denmark, Germany,
France,Ireland,Luxembourg,theNetherlandsandtheUnitedKingdomshallbegrantedinordertopermittheallocationofadditionalreferencequantities to:
— producers who, by virtue of the second indent of Article 3a (1) of
Regulation(EEC)No857/84(
1),hadbeenexcludedfromallocation
of a specific reference quantity,
— producerssituatedinthemountainareasasdefinedinArticle3(3)
of Directive 75/268/ EEC(2) or to the producers referred to in
Article 5 of this Regulation.
(1) OJ No L 90, 1. 4. 1984, p. 13. Regulation as repealed by Regulation
(EEC) No 3950/92 (OJ No L 405, 31. 12. 1992, p. 1.).
(2) OJ No L 128, 19. 5. 1975, p. 1. Directive as last amended by Regulation
(EEC) No 2328/91 (OJ No L 218, 6. 8. 1991, p. 1.)
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The increase in the total quantity for Portugal shall be granted as a
matter of priority to contribute towards satisfying the requests foradditionalreferencequantitiesfromproducerswhoseproductionduringthe1990referenceyearwassubstantiallyaffectedbyexceptionaleventswhich took place during the period 1988 to 1990 or to the producersreferred to in Article 5.
TheincreaseinthetotalquantitiesforGreece,SpainandItalyshallbe
grantedfortheperiod1993/94.TheCommissionwillsubmitareporttothe Council in March 1994 accompanied by proposals on whether theincreasedquotasshouldbecontinuedin1994/95andsubsequentyears.
3. When the Council decides to adjust the abovementioned total
quantitiestothemarketsituation,theadjustmentsshallbeexpressedasa percentage of the total quantities to be complied with for thepreceding period.
▼
B
Article 4
1. Theindividualreferencequantityavailableontheholdingshallbe
equaltothequantityavailableon31March1993andshallbeadjusted,whereappropriate,foreachoftheperiodsconcerned,sothatthesumoftheindividualreferencequantitiesofthesametypedoesnotexceedthecorresponding global quantities referred to in Article 3, taking accountof any reductions made for allocation to the national reserve providedfor in Article 5.
2. Individualreferencequantitiesshallbeincreasedorestablishedat
the duly justified request of producers to take account of changesaffecting their deliveries and/or direct sales. The increase or establish-ment of such a reference quantity shall be subject to a correspondingreduction or cancellation of the other reference quantity the producerowns. Such adjustments may not lead to an increase in the sum of thedeliveriesanddirectsalesreferredtoinArticle3fortheMemberStateconcerned.
Where the individual reference quantities undergo a definitive change,
the quantities referred to in Article 3 shall be adjusted in accordancewith the procedure laid down in Article 11.
3. Ifaproducerwhohasprovisionallyreceivedaspecificindividual
referencequantitypursuanttothelastsubparagraphofArticle3a(1)ofRegulation (EEC) No 857/84 can prove before 1 July 1993 to thesatisfaction of the competent authority that he has actually resumedsalesand/ordeliveriesandthathisdirectsalesand/orhisdeliverieshaveinthecourseoftheprecedingtwelvemonthsreachedalevelequaltoorhigher than 80 % of the provisional reference quantity, the specificreferencequantityshallbeallocateddefinitivelytohim.Otherwise,thereference quantity definitively allocated shall be equal to the quantityactually delivered or sold direct.
Actual deliveries and/or direct sales shall be determined in the light of
the trend in production on the producer’s holding, seasonal conditionsand any exceptional circumstances.
4. In the case of agricultural holdings situated in the territory of the
former German Democratic Republic, the reference quantity may beallocated provisionally for the period from 1 April 1993 to 31 March1994, provided that the quantity thus allocated is not modified duringthat period.
Article 5
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Within the quantities referred to in Article 3, the Member State mayreplenishthenationalreservefollowinganacross-the-boardreductioninall the individual reference quantities in order to grant additional orspecificquantitiestoproducersdeterminedinaccordancewithobjectivecriteriaagreedwiththeCommission,withoutprejudicetotheprovisionsof the second and third subparagraphs of Article 3 (2).
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B
Without prejudice to Article 6 (1), reference quantities available toproducers who have not marketed milk or other milk products for one
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of the twelve-month periods shall be allocated to the national reserveand may be reallocated in accordance with the first subparagraph.Wheretheproducerresumesproductionofmilkorothermilkproductswithin a period to be determined by the Member State, he shall begranted a reference quantity in accordance with Article 4 (1) no laterthan 1 April following the date of his application.
Article 6
1. Beforeadatethattheyshalldetermineandby31Decemberatthe
latest, Member States shall authorize, for the 12-month periodconcerned,temporarytransfersofindividualreferencequantitieswhichproducers who are entitled thereto do not intend to use. However, thereferencequantitiesreferredtoinArticle4(3)maynotbethesubjectofsuch temporary transfers until 31 March 1995.
MemberStatesmayvarytransferoperationsdependingonthecategory
ofproducersordairyproductionstructures,maylimitthematthelevelof the purchaser within regions and may determine to what extenttransfer operations may be renewed.
2. Any Member State may decide not to implement paragraph 1 on
the basis of one or both of the following criteria:
— the need to facilitate structural developments and adjustments,
— overriding administrative needs.
Article 7
1. Reference quantities available on a holding shall be transferred
with the holding in the case of sale, lease or transfer by inheritance tothe producers taking it over in accordance with detailed rules to bedetermined by the Member States taking account of the areas used fordairy production or other objective criteria and, where applicable, ofany agreement between the parties. Any part of the reference quantitywhichisnottransferredwiththeholdingshallbeaddedtothenationalreserve.
The same provisions shall apply to other cases of transfers involving
comparable legal effects for producers.
However:
(a) until30June1994,thereferencequantityreferredtoinArticle4(3)
shallbeaddedtothenationalreserveinthecaseofsaleorleasingof the holding;
(b) wherelandistransferredtopublicauthoritiesand/orforuseinthe
publicinterest,orwherethetransferiscarriedoutfornon-agricul-tural purposes, Member States shall provide that the measuresnecessarytoprotectthelegitimateinterestsofthepartiesareimple-mented,andinparticularthatthedepartingproducerisinapositionto continue milk production, if such is his intention.
2. Where there is no agreement between the parties, in the case of
ruralleasesduetoexpirewithoutanypossibilityofrenewalonsimilarterms,orinsituationsinvolvingcomparablelegaleffects,thereferencequantities available on the holdings in question shall be transferred inwholeorinparttotheproducerstakingthemover,inaccordancewithprovisions adopted or to be adopted by the Member States, takingaccount of the legitimate interests of the parties.
Article 8
Withaviewtocompletingrestructuringofmilkproductionatnational,
regional or collection area level, or to environmental improvement,Member States may take one or more of the following actions inaccordancewithdetailedruleswhichtheyshalllaydowntakingaccountof the legitimate interests of the parties:
— grantcompensationinoneormoreannualinstalmentstoproducers
who undertake to abandon definitively all or part of their milk
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production and place the reference quantities thus released in thenational reserve,
— determine on the basis of objective criteria the conditions under
whichproducersmayobtain,inreturnforpayment,atthebeginningofa12-monthperiod,thereallocationbythecompetentauthorityorby the body designated by that authority, of reference quantitiesreleased definitively at the end of the preceding twelve-monthperiodbyotherproducersinreturnforcompensationinoneormoreannual instalments equal to the abovementioned payment,
— provide,inthecaseoflandtransferredwithaviewtoimprovingthe
environment,fortheallocationofthereferencequantityavailableonthe holding concerned to the departing producer if he intendscontinuing milk production,
— determine,onthebasisofobjectivecriteria,theregionsorcollection
areas within which the transfer of reference quantities betweencertain producer categories without transfer of the correspondingland is authorized, with the aim of improving the structure of milkproduction,
— authorize, upon application by the producer to the competent
authority or the body designated by that authority, the transfer ofreference quantities without transfer of the corresponding land, orviceversa,withtheaimofimprovingthestructureofmilkproduc-tion at the level of the holding or to allow for extensification ofproduction.
However, until 30 June 1994, producers with a reference quantity as
referred to in Article 4 (3) may not benefit from the provisions of thisArticle, with the exception of the third indent.
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For the implementation, during the 1993/94 period in each MemberState, of a programme for the restructuring of milk production, and, ifnecessary,toreplenishthenationalreservewithaviewtoallocatingtheadditionalquantitiesreferredtointhefirstindentofthesecondsubpara-graphofArticle3(2),Communityfinancingshallbegranted,limitedtothe amounts in ecus indicated below; the method of applying suchfinancingandinparticularthemaximumamountoftheindemnityshallbe adopted in accordance with the procedure referred to in Article 11:
Belgium 1106613
Denmark 1678207
Germany 10460461
Greece 235842
Spain 1959115
France 8854814
Ireland 1970627
Italy 3470719
Luxembourg 101007
Netherlands 4133772
Portugal 679994
United Kingdom 5348829
These amounts shall be converted into national currencies with the aid
of the conversion rate applicable for the entry in the accounts of theexpenditure of the general budget of the European Communities validon 20 July 1993.
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Thefinancingofpaymentsmadeunderthisprogrammeshallbedeemed
intervention within the meaning of Article 3 of Regulation (EEC) No
729/70(1).
Theexpenditurecommitmentmustbemadebyvirtueoftheappropria-
tionsofthe1993financialyear,attherequestoftheMemberStatesandby 30 September 1993 at the latest. The payments made by thedisbursing agencies must be effected before 15 October 1994.
▼
B
Article 9
For the purposes of this Regulation:
(a) ‘milk'means the produce of the milking of one or more cows;
(b) ‘othermilkproducts'meanscream,butterandcheeseinparticular;
(c) ‘producer'meansanaturalorlegalpersonoragroupofnaturalor
legal persons farming a holding ►M2within the geographical
territory of a Member State ◄:
— selling milk or other milk products directly to the consumer,
— and/or supplying the purchaser;
(d) ‘holding'meansallproductionunitsoperatedbythesingleproducer
and located ►M2within the geographical territory of a Member
State◄;
(e) ‘purchaser'meansanundertakingorgroupingwhichpurchasesmilk
or other milk products from a producer:
— to treat or process them,
— tosellthemtooneormoreundertakingstreatingorprocessing
milk or other milk products.
However, any group of purchasers in the same geographical area
whichcarriesoutadministrativeandaccountingoperationsnecessaryfor the payment of the levy on behalf of its members shall beregardedasapurchaser.Forthepurposesofapplyingthisprovision,Greeceshallbedeemedasinglegeographicalareaanditmaydeeman official body to be a group of purchasers as referred to above;
(f) ‘untertaking treating or processing milk or other milk products'
means an undertaking or grouping which is involved in collection,packaging, storage, chilling and processing operations or whosedairying activities are restricted to one of those operations;
(g) ‘delivery' means any delivery of milk or other milk products,
whetherthetransportiscarriedoutbytheproducer,apurchaser,anundertaking processing or treating such products or a third party;
(h) ‘milkormilkequivalentsolddirectlyforconsumption'meansmilk
ormilkproductsconvertedintomilkequivalent,soldortransferredfree without going through an undertaking treating or processingmilk or other milk products.
Article 10
The levy shall be considered as intervention to stabilize agricultural
markets and shall be used to finance expenditure in the milk sector.
Article 11
ThedetailedrulesfortheapplicationofthisRegulationandinparticular
the characteristics of milk, including fat content, which are consideredrepresentative for the purposes of establishing the quantities of milkdelivered or purchased shall be adopted in accordance with the proce-dure provided for in Article 30 of Regulation (EEC) No 804/68(
2).
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 148, 28. 6. 1968, p. 13. Regulation as last amended by Regula-
tion (EEC) No 2071/92 (OJ No L 215, 30. 7. 1992, p. 64).
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Article 12
Regulations (EEC) Nos 857/84 and 2074/92 are hereby repealed.
Article 13
ThisRegulationshallenterintoforceonthethirddayfollowingthatof
its publication in the Official Journal of the European Communities .
It shall apply from 1 April 1993.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.