Proposal for a Council Regulation (EC) amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector (94/C 108/05) COM(94) 64 final - 94/0067(CNS)

(Submitted by the Commission on 24 March 1994)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, in the context of the reform of the common agricultural policy, the Council decided upon the principle of a 2 % additional reduction of the guaranteed total quantities, spread over 1993/94 and 1994/95, without prejudice to a possible review in the light of the general market situation and particular situations existing in certain Member States;

Whereas an analysis of the market in March 1993 led the Council to postpone the 1 % reduction of the guaranteed total quantities decided in principle for 1993/94 and it was agreed to review its entry into force at the same time as that for 1994/95; whereas an analysis of the market situation shows that milk and milk products remain exposed to the same dangers as those identified when the Council decided on the 2 % reduction of the guaranteed total quantities; whereas it is therefore necessary to reduce the guaranteed total quantities; whereas, however, in view of the proposed additional reduction in the intervention price of butter in order to restore market stability, it appears feasible to limit to 1 % the reduction for the period 1994/95 and to specify accordingly in Article 3 of Regulation (EEC) No 3950/92 (1), as last amended by Regulation (EEC) No 1560/93 (2), the guaranteed total quantities;

Whereas the particular situations of Italy, Greece and Spain respectively have been examined; whereas, in the case of the latter two Member States, the conclusions reached permit a carry-over of the increase in the guaranteed total quantity, but only for the period 1994/95 in the case of Greece; whereas a review will be carried out before the beginning of the period 1995/96 to see whether all the conditions to which the definitive increase in the guaranteed total quantity for Greece is subject have been fully complied with;

Whereas the situation of Italy, following the examination carried out, assumes a new perspective which, currently and for the period 1994/95, warrants an increase of no more than 550 000 tonnes in the guaranteed total quantity; whereas the amount of this increase and its definitive nature will be reviewed before the beginning of the period 1995/96, as in the case of Greece, in the light of whether the sum of the individual quantities has been absorbed;

Whereas, as far as required, the components upon which the 'deliveries` part of the guaranteed total quantity for Greece, Spain and Italy is calculated for the period 1994/95 should be specified; whereas, for each of these three Member States, to the amounts specified hereafter must be added the quantities from the former Community reserve; whereas, in the case of Greece, the total quantity fixed for the period 1992/93 is increased by 100 000 tonnes; whereas, in the case of Spain, the figure of 4 550 000 tonnes represents the basic total quantity which is increased, on the one hand, by 500 000 tonnes and, on the other, by 150 000 tonnes following a transfer from direct sales to deliveries; whereas, in the case of Italy, the total quantity fixed for the period 1992/93 is increased by 550 000 tonnes,

HAS ADOPTED THIS REGULATION:

Article 1

Article 3 (2) of Regulation (EEC) No 3950/92 is hereby replaced by the following:

'2. The following total quantities shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States:

(a) For the period 1 April 1993 to 31 March 1994

(tonnes)

>TABLE>

The increase in the total quantities for Belgium, Denmark, Germany, France, Ireland, Luxembourg, the Netherlands and the United Kingdom shall be granted in order to permit the allocation of additional reference quantities to:

- producers who, by virtue of the second indent of Article 3a (1) of Regulation (EEC) No 857/84 (*), had been excluded from allocation of a special reference quantity,

- producers situated in the mountain areas as defined in Article 3 (3) of Directive 75/268/EEC (**) or to the producers referred to in Article 5 of this Regulation.

The increase in the total quantity for Portugal shall be granted as a matter of priority to contribute towards satisfying the requests for additional reference quantities from producers whose production during the 1990 reference year was substantially affected by exceptional events which took place during the period 1988 to 1990 or to the producers referred to in Article 5.

The increase in the total quantities for Greece, Spain and Italy shall be granted for the period 1993/94.

(b) For the period 1 April 1994 to 31 March 1995 and subsequent periods

(tonnes)

>TABLE>

The increase in the total quantities granted for the period 1993/94 shall be carried over in the same amount in the case of Greece and Spain for the period 1994/95 and in an amount reduced by 350 000 tonnes in the case of Italy. Before the period 1995/96, the Commission will submit a report to the Council accompanied by proposals on whether the increase in the case of Greece and the amount of the increase in the case of Italy should be continued in 1995/96 and subsequent years.

(*) OJ No L 90, 1. 4. 1984, p. 13.

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

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 apply from 1 April 1994.

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

(1) OJ No L 405, 31. 12. 1992, p. 1.

(2) OJ No L 154, 25. 6. 1993, p. 30.