COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91) 11 final 
Brussels,28 January 1991 
Amendment to the proposal for a 
COUNCIL REGULATION (EEC) 
amending Regulation (EEC) No 857/84 adopting general rules 
for the application of the levy referred to In Article 5c 
of Regulation (EEC) No 804/68 in the 
milk and milk products sector 
(presented by the Commission pursuant to Article 149(3) 
of the EEC-Treaty) 
Explanatory memorandum 
The legal opinion given in the Commission's interpretative note 
VI/6365/90 of 17.10.1990 which confirms that the additional levy 
system covers the entire milk production, processed or not, 
marketed either directly for consumption or through the intermediary 
of an undertaking treating or processing milk, without any 
restriction on the nature of the products, has raised questions 
from some delegations: 
They accept the objective of ensuring that all milk production should 
be covered by the milk quota system but believe that the Council 
general rules regulation needs to be clarified before they can change 
their existing practice which is based upon a different interpretation 
of the legislation from that contained in the Commission's interpretative 
note. In the interests of legal certainty such an amendment appears, 
therefore, to be advisable. 
Taking into account that the proposal for a Council Regulation amending 
Regulation (EEC) No 857/84 is still under examination, opportunity is 
taken to propose a further amendment to clarify the Regulation as 
regards yoghourts and other dairy products. 
There is no impact on business. 
Amendment to the proposal for a 
Council Regulation amending Regulation (EEC) No 857/84 adopting general rules 
for the application of the levy referred to in Article 5c 
of Regulation (EEC) No 804/68 In the 
milk and milk products sector 
COM(90) 547 final, 15 November 1990 
The following second recital is added: 
"Whereas Article 12(b) of Regulation (EEC) No 857/84 defines, as far as is 
necessary for determining the levy, certain milk products; whereas, by way of 
clarification, the non-restrictive nature of that definition should be 
specified;" 
The following second paragraph Is added to Article 1: 
"The words "for example" are added to Article 12(b)." 
FINANCIAL STATEMENT 
DATE: 
1. BUDGET HEADING: APPROPRIATIONS: 
Chapter 20 5.534 Mio ECU 
2. TfTLR: Amended proposal of Council Regulation amending Regulation (EEC) No 857/84 adopting general rules 
for the application of the additional levy in the milk and milk products sector. 
3. LEGAL BASIS: 
Article 149(3) of the EEC Treaty 
4. AIMS OF PROJECT: To amend the proposal already submitted by the Commission by precising the non-restrictive* 
nature of the definition of certain milk products, referred to under point b of Article 12 of 
Regulation (EEC) No 857/84. 
5. FINANCIAL IMPLICATIONS 
5.0 EXPENDITURE 
- CHARGED TO THE EC BUDGET 
- (REFUNDS/INTERVENTION) 
- NATIONAL jADMINIOTnATION 
/vrt irn 
"~ vmtn 
5.1 REVENUE 
- OWN ncsounccc or TIC ce 
(LEVIES/CUSTOMS DUTIES) 
- NATIONAL Period of 12 months 
19 
Mio ECU 
(1) Current Financial Year 
1991 
Mio ECU 
(1) Following Financial Year 
1992 
Mio ECU 
(1) 
1993 
5.0.1 ESTIMATED EXPENDITURE 
5.1.1 ESTIMATED REVENUE 1994 1995 1996 
5.2 METHOD OF CALCULATION: 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? 
YES/ND 
6.1 CAN THE PROJECT BE FINANCE) BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? 
YES/NO 
6.2 iS A SUPPLEMENTARY BUDGET NECESSARY? 
YES/NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY? 
YES/NO 
OBSERVATIONS: 
As it concerns a clarification of the existing text, the measure should not have 
financial consequences for the budget. 
ISSN 02Î4-147; 
C0M(91) 11 final 
DOCUMENTS 
EN 03 
Catalogue number : CB-CO-91-025-EN-C 
ISBN 92-77-68936-6 
PRICE 1-30 pages: 3J50 ECU per additional 10 pages: 1.25 ECU 
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