19. 11.83 Official Journal of the European Communities No C 314/9 
III 
Proposal for a Council Regulation laying down general rules applying to the milk sector 
levy specified in Article 5d of Regulation (EEC) No 804/68 
THE COUNCIL OF THE EUROPEAN HAS ADOPTED THIS REGULATION: 
COMMUNITIES, 
Article 1 
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 (x), as last 
amended by Regulation (EEC) No 1600/83 (2), and 
in particular Article 5d thereof, 
Having regard to the proposal from the Commission, 
Whereas Article 5d of Regulation (EEC) No 804/68 
introduced a special levy payable by all producers of 
milk who deliver more than 60 000 kilograms of milk 
per year and produce more than 15 000 kilograms of 
milk per year per hectare of fodder area; 
Whereas the special levy, by reducing the price paid 
to the producer, will secure the result desired if it is 
high enough to have an effect on the additional 
income producers gain from intensive farming, 
whereas a rate of 4 % of the target price, the effects 
of which will be additional to those of the normal 
levy, appears to be sufficient to secure the dissuasive 
import desired; 
Whereas, in order to secure uniform implementation 
of the measures laid down' it is necessary to define 
the term 'fodder area', 
0) OJ No L 148, 28. 6. 1968, p. 13. 
O OJ No L 163, 22. 6. 1983, p. 56. 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 43 thereof, The levy specified in Article 5d of Regulation (EEC) 
No 804/68 shall be 4 % of the target price for milk. 
Article 2 
1. The provisions of Article 3 of Regulation (EEC) 
No 1079/77 shall be applicable. 
2. Where, however, a producer undertakes 
annually not to produce more than 15 000 kilograms 
of milk per year per hectare of utilized fodder area he 
shall not be obliged to make monthly levy payments 
as specified in Article 3 of that Regulation. 
3. If a producer fails to honour the undertaking 
provided for in paragraph 2 he shall within three 
months of the end of the year in question pay the 
levy due plus interest charges at a flat rate determined 
using the procedure specified in Article 5. 
Article 3 
For the purposes of this Regulation, 'utilized fodder 
area' shall mean areas used to grow fodder crops, 
areas of temporary pasture and areas of permanent 
pasture. 
Article 4 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, Proposal for a Council Regulation amending Regulation (EEC) No 1078/77 introducing 
a system of premiums for the non-marketing of milk and milk products and for the 
conversion of dairy herds 
COM(83) 644 final 
(Submitted by the Commission to the Council on 7 November 1983) 
No C 314/10 Official Journal of the European Communities 19. 11.83 
Whereas Council Regulation (EEC) No 1078/77 ('), 
as last amended by Regulation (EEC) No 1365/80 
(2), introduced a system of premiums for the non-
marketing of milk and milk products and for the 
conversion of dairy herds; 
Whereas the non-marketing and conversion premiums 
are granted subject to an undertaking that, during the 
non-marketing or conversion period, neither milk nor 
milk procducts from the holding will be disposed of, 
whether for a consideration or free of charge; 
whereas experience as regards the application of this 
provision has shown that the premium should not be 
fully forfeit but reduced in cases where only a small 
quantity of milk was delivered during the first four 
months of the non-marketing or conversion period; 
Whereas experience as regards the application of the 
undertaking specified in Article 3 (3) of Regulation 
(EEC) No 1078/77 concerning the type of herd has 
shown that there should be a reduced premium in the 
case of a minor failure to meet the said undertaking; 
Whereas provision should also be made for a reduced 
premium in cases where the producer retains a dairy 
cow to meet his own holding's requirements, 
provided there are fewer than five cows on the 
holding; 
Whereas all the producers concerned who submitted 
an application for a premium as from the entry into 
force of Regulation (EEC) No 1078/77 should be 
entitled to the benefit of this Regulation, 
HAS ADOPTED THIS REGULATION: 
Article 1 
The following Article is hereby inserted in Regulation 
(EEC) No 1078/77 
'Article 7a 
1. The Commission shall, in accordance with 
the procedure laid down in Article 30 of Regu­
lation (EEC) No 804/68, adopt provisions for 
granting: 
C) OJNoL 131,26. 5. 1977, p. 1. 
O OJ No L 140, 5. 6. 1980, p. 18. (a) a reduced non-marketing or conversion 
premium to producers who, notwithstanding 
the undertakings specified in Article 2 (2) (a) 
and Article 3 (2) (a), disposed of, whether for 
a consideration or free of charge, milk or milk 
<- products from their holdings after the 
beginning of the non-marketing or conversion 
period, provided such deliveries accounted for 
not more than 5 °/o of their production and 
were completed before the end of the fourth 
month following the beginning of the non-
marketing or conversion period; 
(b) a reduced conversion premium to producers 
who, notwithstanding the provisions of Article 
3 (3), so husbanded their herds that, at the 
latest at the end of the third year after the 
date of approval of the application: 
'—<• less than 80 °/o but more than 70 % of the 
cows or in-calf heifers on the holding 
possess the characteristics required under 
the said paragraph 3, 
or 
— retain a dairy cow to meet their own 
holding's requirements, provided that 
fewer than five cows or in-calf heifers are 
present on the holding. 
2. The provisions referred to in paragraph 1 
shall be applied without prejudice to measures 
taken by the Member States in respect of cases 
where the beneficiary is not in a position, as a 
result of a case of force majeure, to comply with an 
obligation under the system of premiums 
concerned.' 
Article 2 
The provisions adopted pursuant to this Regulation 
shall, at the request of the party concerned, to be 
submitted not later than 31 March 1984, apply to any 
application for aid submitted in connection with the 
system introduced by Regulation (EEC) No 1078/77. 
Article 3 
This Regulation shall enter into force on the third 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.