COUNCIL REGULATION (EEC) No 1632/91 of 13 June 1991 amending Regulation (EEC) No 1079/77 in respect of the co-responsibility levy on milk and milk products

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),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas Regulation (EEC) No 1079/77 (4), as last amended by Regulation (EEC) No 3660/90 (5), introduced a co-responsibility levy to apply until the end of the 1990/91 milk year and covering, in principle, all milk supplied to dairies and certain sales of milk products at the farm;

Whereas the object of that levy was to achieve better balance on the market for milk by establishing a more direct link between production and the possibilities of disposing of milk products, in view of the importance of the public interests involved; whereas the data and forecasts at present available show that the abovementioned objectives will probably not be attained before the end of the period laid down; whereas the application of that Regulation should therefore be extended for the 1991/92 milk year;

Whereas the Council must amend Council Directive 75/268/EEC of 28 April 1975 on mountain- and hill-farming and farming in certain less-favoured areas (6), as last amended by Regulation (EEC) No 797/85 (7), in order to include the less-favoured areas of the territory of the former German Democratic Republic; whereas pending this amendment, the areas proposed as being less-favoured by the Federal Republic of Germany to the Commission should be considered as such on a transitional basis; whereas the Decision taken by the Council will apply as from the beginning of the 1991/92 marketing year to the producers concerned, who will be liable where appropriate to pay the co-responsibility levy as from 17 June 1991;

Whereas provision should be made, amongst the measures favouring the enlargement of the markets for milk products referred to in Article 4 of Regulation (EEC) No 1079/77, to improve the milk quality in Ireland and Northern Ireland, taking into account the seasonal character of milk production and the strong export tradition of these areas;

Whereas the trend on the market situation is such that the rate of the levy for the 1991/92 milk year should be maintained at 1,5 % of the target price for milk,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 1079/77 shall be amended as follows:

1. In Article 1:

(a) in paragraph 1, the terms 'and 1990/1991' shall be replaced by ', 1990/1991 and 1991/1992';

(b)

the following subparagraph shall be added to paragraph 3:

'With regard to the territory of the former German Democratic Republic the areas proposed as being less-favoured by the Federal Republic of Germany for the purposes of amendment by the Council of Article 3 (4) and (5) of Directive 75/268/EEC shall be so considered. The Council Decision shall apply to the producers concerned with effect from the beginning of the 1991/92 milk year;'.

2. In Article 2, the following paragraph shall be added:

'13. With regard to the 1991/92 milk year the levy shall be fixed at 1,5 % of the target price for milk.'.

3. In Article 4 (2), the following shall be added as a fourth indent:

'- the improvement of the quality of milk in Ireland and Northern Ireland.'.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from the beginning of the 1991/92 milk year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 13 June 1991.

For the Council

The President

A. BODRY

(1) OJ No C 104, 19. 4. 1991, p. 55

(2) Opinion delivered on 16 May 1991 (not yet published in the Official Journal).

(3) Opinion delivered on 25 April 1991 (not yet published in the Official Journal).

(4) OJ No L 131, 26. 5. 1977, p. 6.

(5) OJ No L 362, 27. 12. 1990, p. 44.

(6) OJ No L 128, 19. 5. 1975, p. 1.

(7) OJ No L 93, 30. 3. 1985, p. 1.