COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 137 final 
Brussels, 30 March 1992 
Proposal for a 
rmilNPIl REGULATION (EEC) 
amending Regulation (EEC) No 804/68 on the 
common organization of the market 
in milk and milk products 
ftxjposftl tot 
O00HCXL KBSDXAm (ETC) 
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 
Proposal for 
COUNCIL REGULATION (EEC) 
establishing, for die period running from 1 April 1992 to 31 March 1993, the 
Community reserve 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) 
1 -
Proposal for a 
COUNCIL REGULATION (EEC) No /... 
of 
amending Regulation (EEC) No 804/68 on the 
common organization of the market 
in 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 
(2) Having regard to the Opinion of the European Parliament 
Whereas the additional-levy arrangements introduced by Article be of Council 
Regulation (EEC) No 804/68 , as last amended by Regulation (EEC) No 
expire on 31 March 1992; whereas new arrangements applicable until the year 2000 
are to be adopted as part of reform of the common agricultural policy; whereas it 
is necessary in the meantime to continue the present arrangements for a ninth 
period of twelve months; whereas, under the the Commission proposals, the total 
quantity set by this Regulation may be reduced, in return for compensation, for 
the said period so that the rationalization efforts already begun can be 
continued; 
Whereas because of the market situation it was necessary temporarily to suspend 
part of the reference quantities from the fourth twelve-month period, pursuant to 
(5) Regulation (EEC) No 775/87 . as last amended by Regulation (EEC) 
No 364.1/90 ; whereas because of persisting surpluses 4,5% of the reference 
quantities for deliveries are not included for the ninth period in the guaranteed 
total quantities; whereas in the course of Reform of the CAP the Council will 
decide definitively what is to happen with these quantities; 
( 1) OJ No 
(2) OJ No 
(3) OJ No L 148, 28.6.1968, p. 13 
(4) OJ No L 
<b) OJ No L 78, 20. 3.1987, p. 5. 
(6) OJ No L 362, 27.12.1990, p. 9. 
- 2 -
Whereas, on this assumption, it seems advisable to specify, under the terms of 
this Regulation, the amount for each Member State of the quantities concerned: 
Whereas it has been agreed that application of the arrangements to control milk 
production must not jeopardize the restructuring of agricultural holdings in 
thterritory of the former German Democratic Republic; whereas the diffiulties 
encountered make it necessary to extend for a further period the flexibility 
introduced into those arrangements for that territory, while ensuring that it 
remains the sole beneficiary; 
HAS ADOPTED THIS REGULATION: 
Article 1 
Article 5c of Regulation (EEC) No 804/68 is hereby amended as follows: 
1) in the first subparagraph of paragraph i, "during eight periods..." is 
replaced by "during nine periods..."; 
2) the following paragraph 1b is added: 
"lb. In the case of agricultural holdings situated in the territory of the 
former German Democratic Republic, the reference quantity may be 
allocated provisionally for the ninth period, provided that the quantity 
thus allocated is not modified during that period."; 
3) the following point (g) is added to paragraph 3: 
"(g) for the twelve-month period from 1 April 1992 to 31 March 1993, and 
without prejudice during that period, taking account of the Commission 
proposals in connection with the Reform of the CAP, to a 1% reduction 
calculated on the basis of the quantity referred to in the second 
subparagraph of this paragraph, the total quantity, expressed in 
thousands of tonnes, shall be: 
- 3 -
Belgium 2 881,036 
Denmark 4 369,390 
Germany 27 154,205 
Greece 520,615 
Spain 4 361,750 
France 23 042,430 
Ireland 4 725,600 
Italy 8 224,210 
Luxembourg 237,175 
Netherlands 10 709,205 
Portugal 1 743,420 
United Kingdom 13 702,993 (1) 
The quantities referred to in Regulation (EEC) No 775/87 which are not 
included in the preceding point are as follows in thousands of tonnes: 
Belgium 144,495 
Denmark 219,690 
Germany 1 360,215 (2) 
Greece 24,165 
Spain 209,250 
France 1 153,530 
Ireland 237,600 
Italy 395,910 
Luxembourg 11,925 
Netherlands 539,055 
United Kingdom 689,831 
(1) including 6 157,620 for deliveries to buyers established in the territory of 
the former German Democratic Republic 
(2) including 306,18 in the territory of the former German Democratic Republic 
The Council shall take a final decision on the future of these quantities in the 
context of the Reform of the CAP. 
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 1 April 1992. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, 
For the Council 
- 4 -
Proposal for a 
COUNCIL REGULATION (EEC) No 
of 
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 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Waving 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 
rhe market in milk and milk products , as last amended by Regulation (EEC) No , and 
in particular Article 5c(6) thereof, 
(3) 
Having regard to the proposal from the Commission , 
Having regard to the Opinion of the European Parliament > 
Whereas the additional-levy arrangements referred to in Article 5c of Regulation (EEC) No 804/68 
have been extended for a ninth period of twelve months; whereas it is accordingly necessary to adapt 
(5) 
the relevant provisions of Regulation (EEC) No 857/84 , as last amended by Regulation (EEC) 
No 1639/91 <6); 
Whereas it has been agreed that application of the arrangements to control milk production must not 
jeopardize the restructuring of agricultural holdings in the territory of the former German 
Democratic Republic; whereas the difficulties encountered make it necessary to extend for a further 
period the flexibility introduced into those arrangements for that territory, while ensuring that it 
remains the sole beneficiary; 
(1) OJ No L 148, 28.6.1968, p. 13 
(2) OJ No L 
(3) OJ No 
(4) OJ No 
(5) OJ No L 90, 1.4.1984, p. 13. 
(6) OJ No L 150, 15.6.1992, p. 35 
- 5 -
Whereas the provisions of Article 7(2) and (3) of this Regulation, concerning the 
replacement of purchasers, were the subject, by the judgment of the Court of 
Justice of the European Communities of 10 July 1991, of an interpretation such 
that the aforementioned provisions should be clarified accordingly; 
Whereas the total quantities for direct sales laid down in the Annex to this 
Regulation should be adapted in the same way as the total quantities for 
deliveries under Regulation (EEC) No 804/68, for the same reasons, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 857/84 is hereby amended as follows: 
1) in the first subparagraph of Article 4a(1), "for the eight periods " 
is replaced by "for the nine periods ". 
2) the following is added to the first subparagraph of Article 6(2): 
"However, for the period from 1 April 1992 to 31 March 1993, the quantities 
shall be established without prejudice to a 1% reduction, taking account of 
the Commission proposals in connection with the Reform of the CAP, during 
that period." 
- 6 -
3) in Article 7: 
(a) in the third subparagraph of paragraph 1, "for the eighth twelve-month 
period ..." is replaced by "for the ninth twelve-month period . ..•.."; 
(b) the first subparagraph of paragraph 3 is replaced by the following: 
"The Member States may provide that part of the quantities referred to in 
paragraph 1 shall be added to the reserve mentioned in Article 5 or, 
depending on the circumstances, to the reserve mentioned in 
Article 8(3)." 
4) in the first subparagraph of Article 9(4), "for the eight ... periods ..." is 
replaced by "for the nine ... periods ..."; 
5) the following column shall be added after the column headed 
"1.4.1991-31.3.1992": 
1.4.1992-
31.3.1993 
Belgium 373,193 
Denmark 0,951 
Germany 150^038 fl) 
Greece 4,528 
Spain 516,950 
France 732,824 
Ireland 15,210 
Italy 717,870 
Luxembourg 0,951 
Netherlands 102,307 
Portugal 118.580 
United Kingdom 392,868 
(1) including 58,801 for the territory of the former German 
Democratic Republic" 
- 7 -
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 1 April 1992. 
This Regulation shall be binding in its entirety and directly applicable in all 
Member States. 
Done at Brussels, 
For the Council 
cP 
1. 4. 92 Official Journal of the European Communities No L 86/87 
COUNCIL REGULATION (EEC) No 818/92 
of 31 March 1992 
establishing, for the period running from 1 April 1992 to 31 March 1993, the 
Community reserve for the application of the levy referred to in Article 5c of 
Regulation (EEC) No 804/68 in the milk and milk products sector 
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 Regula­
tion (EEC) No 816/92 (2), and in particular Article 5c (6) 
thereof, 
Having regard to the proposal from the Commission (3), 
Whereas Article 5c (4) of Regulation (EEC) No 804/68 
provides for the establishment of a Community reserve in 
order to supplement, at the beginning of each 12-month 
period, the overall guaranteed quantities of Member States 
in which the levy scheme gives rise to particular difficul­
ties ; whereas the Community reserve for the ninth 
12-month period should be again fixed at 2 082 885,740 
tonnes, including 443 000 tonnes to be allocated in the 
Member States where the implementation of the levy 
system still raises special difficulties, 600 000 tonnes to 
alleviate difficulties encountered by the Member States in 
allocating the specific reference quantities pursuant to 
Article 3a of Council Regulation (EEC) No 857/84 of 
31 March 1984 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 (4) as last 
amended by Regulation (EEC) No 817/92(0, and 
1 039 885,740 tonnes to alleviate the difficulties encoun­
tered by the Member States in allocating the additional or specific reference quantities to certain categories of 
producers as defined in Article 3b of that Regulation, 
HAS ADOPTED THIS REGULATION : 
Article 1 
For the period 1 April 1992 to 31 March 1993, the 
Community reserve provided for in Article 5c (4) of Regu­
lation (EEC) No 804/68 shall be 2 082 885,740 tonnes, of 
which : 
— 443 000 tonnes shall be allocated in certain Member 
States where the implementation of the levy system 
raises special difficulties, 
— 600 000 tonnes shall be to alleviate the difficulties 
encountered by the Member States in allocating the 
specific reference quantities pursuant to Article 3a of 
Regulation (EEC) No 857/84, 
— 1 039 885,740 tonnes shall be for producers as referred 
to in Article 3b of Regulation (EEC) No 857/84. 
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 ninth 12-month 
period of the additional levy system. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 31 March 1992. 
For the Council 
The President 
Arlindo MARQUES CUNHA 
(') OJ No L 148, 28. 6. 1968. p. 13. 
(') See page 83 of this Official Journal. 
(J) OJ No C 337, 31. 12. 1991, p. 34. 
(*) OJ No L 90, 1. 4. 1984, p. 13. 
(*) See page 85 of this Official Journal. 

ISSN 0254-1475 
COM (92) 137 final 
DOCUMENTS 
EN 03 
Catalogue number: CB-CO-92-154-EN-C 
ISBN 92-77-42894-5 
Office for Official Publications of the European Communities 
L-2985 Luxembourg