No C 37/10 Official Journal of the European Communities 9.2.85 
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(85) 13 final 
(Submitted by the Commission to the Council on 23 January 1985) 
(85/C 37/13) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, 
Having regard to Council Regulation (EEC) No 
804/68 of 27 June 1968 on the common organization 
of the market in milk and milk products ('), as last 
amended by Regulation (EEC) No 1557/84 (2), and 
in particular Article 5c (6) thereof, 
Whereas Article 5c of Regulation (EEC) No 804/68 
lays down a system for the control of milk production 
based on the determination of individual reference 
quantities for producers or purchasers of milk and 
milk products in accordance with the formula chosen 
by the Member State; whereas a levy is payable by 
the producer or purchaser in the form of provisional 
advances where, for each quarter, he exceeds the 
corresponding production or collection figure of a 
reference year; whereas the aforesaid individual 
reference quantities are determined so as not to 
exceed an overall quantity guaranteed by the Member 
State corresponding to the collection for 1981 plus 
1 % or where it is the first year of application of the 
system, the collection for that year plus 2 %; 
whereas, given the rate of increase in milk production 
recorded generally in the last few years, the fixing of 
such production thresholds and the amount of the 
additional levy applicable oblige producers and pur­
chasers to make serious efforts to restrain and adapt 
their production; whereas, in the first year of 
application, such adaptation is made more difficult 
for each producer or purchaser by belated 
notification of the individual reference quantities due 
to difficulties generally encountered with regard to 
the implementation of the system in the various 
Member States; 
Whereas in order to enable those subject to the levy 
to adapt more gradually, especially in regions experiencing a considerable increase in their milk 
production, the Community mechanisms should be 
made less rigorous for the first year of application; 
whereas the aim may be reached by allocating to the 
producers or purchasers of those collection regions or 
areas which exhibit an excess of deliveries compared 
with those of the reference year chosen by the 
Member State the quantities made available by the 
fall in deliveries in other collection regions or areas; 
whereas this aim must however be reconciled with the 
structural aims set out in Article 4 (1) of Council 
Regulation (EEC) No 857/84 (3), as amended by 
Regulation (EEC) No 1557/84 (4) whereas these 
provisions should be limited to the first year of 
application of the additional levy, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following Article 4a is hereby inserted into Regu­
lation (EEC) No 857/84: 
'Article 4a 
Whilst complying with the aims set out in Article 
4(1), the Member States shall, for the first period 
of 12 months, allocate the reference quantities not 
used by producers or purchasers to producers or 
purchasers in other regions or collection areas in 
proportion to the excess deliveries noted/ 
Article 2 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
It shall be binding in its entirety and directly 
applicable in all Member States 
C) OJ No L 148, 28. 6. 1968, p. 13. 
(2) OJ No L 150, 6. 6. 1984, p. 6. O OJNoL90, 1.4. 1984, p. 13. 
(4) OJNoL 150,6.6. 1984, p. 5.