9.2.85 Official Journal of the European Communities No C 37/7 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation amending Regulation (EEC) No 857/84 laying down 
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 37/11) 
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 3 of Regulation (EEC) No 857/84 
(3) lays down that, where the milk production of 
producers has been substantially affected by special 
situations arising during the reference year chosen by 
the Member State, another year may be taken as the 
reference year for the producers in question; whereas 
the 1980 calendar year should be included among the 
years which may thus be taken into account; 
Whereas, under the terms of Article 5 of Regulation 
(EEC) No 857/84, the additional reference quantities 
needed in order to provide for the special situation of 
certain producers are drawn from a reserve 
constituted by each Member State within the 
guaranteed quantity; whereas the detailed rules for 
the constitution of the direct sales reserve should be 
clarified; whereas, moreover, in order to facilitate the 
marketing of milk, it should be possible to draw on 
the quantities available under this reserve within each 
12-month period in order to complete the deliveries 
reserve and, conversely, to draw on the quantities 
available under the deliveries reserve to complete the 
direct sales reserve; 
(') OJ No L 148, 28. 6. 1968, p. 13. 
O OJNoL 150, 6. 6. 1984, p. 6. 
(3) OJNoL90, 1. 4. 1984, p. 13. Whereas Article 2 (2) of Regulation (EEC) No 
857/84 authorizes the Member States, for the 
purposes of determining the reference quantities of 
producers or purchasers throughout their territory 
under formulas A and B, to take account of their 
production or collection circumstances by considering 
the production of a calendar year other than 1981 
weighted by a percentage; 
Whereas the same provisions concerning the determi­
nation of reference quantities should be made 
applicable in the case of producers of milk and milk 
products who sell directly to the consumer; 
Whereas the application of Article 7 of Regulation 
(EEC) No 857/84 concerning the transfer of 
reference quantities in the event of the sale, leasing or 
inheritance of an undertaking may in certain cases 
result in difficult situations on the economic and 
social level; whereas, to enable a tenant whose lease 
on an undertaking is due to expire to continue milk 
production elsewhere, it is therefore appropriate that 
the Member States be authorized to allocate to such a 
tenant such part of the reference quantity attached to 
the undertaking which he is leaving as they see fit; 
Whereas Article 12 of Regulation (EEC) No 857/84 
provides a definition of the term 'purchaser' for the 
application of the additional levy scheme; whereas the 
said definition does not take sufficient account of the 
case of very small dairies to be found in certain 
geographical areas of the Community; whereas the 
fixing of a higher amount for the levy under formula 
B was motivated by the concern to enable dairies to 
offset increasing deliveries of certain producers auto­
matically against the falling deliveries of others; 
whereas such offsetting operations cannot be carried 
out harmoniously in very small dairies; whereas in 
order to ensure a better equivalence of results, there 
is justification for considering as purchaser within the 
No C 37/8 Official Journal of th. 
meaning of the said Article any group of purchasers 
carrying out certain operations on behalf of its 
members when the collection of the latter and the 
total collection of the group fall below certain 
thresholds, ' 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 857/84 is hereby amended as 
follows: 
1. In the first subparagraph of point 3 of Article 3, 
the words '1981 to 1983 period' are replaced by 
'1980 to 1983 period'. 
2. The following subparagraph is added to Article 5: 
'If the reserve referred to in the foregoing subpara­
graph proves inadequate for the application of 
Articles 3 and 4, the Member States may use 
within each 12-month period the quantities 
available in the reserve constituted in accordance 
with Article 6 (3)'. 
3. Article 6 is replaced by the following: 
'Article 6 
1. Each producer of milk and milk products 
referred to in Article 5c (2) of Regulation (EEC) 
No 804/68 shall be assigned a reference quantity 
corresponding to the direct sales made by the 
producer during the 1981 calendar year, plus 1 %. 
However, the Member States may provide that on 
their territory the producer's reference quantity is 
equal to the quantity of direct sales which he has 
made during the 1982 or 1983 calendar year, 
weighted by a percentage. 
The said percentage may be determined on the 
basis of the level of deliveries by certain categories 
of liable person, the trend in delivereis in certain 
regions between 1981 and 1983 or the trend in 
deliveries by certain categories of liable person 
during the same period, in accordance with the 
conditions to be determined under the procedure 
laid down in Article 30 of Regulation (EEC) No 
804/68. European Communities 9. 2. 85 
2. The total figure for the reference quantities 
assigned in accordance with paragraph 1 may not 
exceed the quantities fixed in the Annex to this 
Regulation. 
3. The provisions of Articles 3, 4 and 7 shall 
apply to the producer referred to in this Article in 
accordance with the rules to be determined under 
the procedure laid down in Article 30 of Regu­
lation (EEC) No 804/68. 
For the application of Articles 3 and 4, the 
Member States may constitute a reserve within the 
total quantity fixed for each of them in the Annex. 
Should this reserve prove inadequate for the 
application of Articles 3 and 4, the Member States 
may use, within each 12-month period, the 
quantities available under the reserve constituted in 
accordance with the first subparagraph of Article 
5.' 
4. The following paragraph 4 is added to Article 7: 
'4. In the case of leases about to expire, the 
Member States may provide that a part of the 
reference quantity corresponding to the under­
taking shall be placed at the disposal of the 
outgoing tenant to the extent considered necessary 
to enable him to continue production.' 
5. The following is added to point (e) of Article 12: 
'However, any group of purchasers situated in the 
same geographical area which carries out 
administrative management and accounting ' 
operations on behalf of its members shall be 
considered as a purchaser on condition that 
— the collection of each member is less than 
50 000 kg of milk per day, 
— the average collection of members is less than 
30 000 kg of milk per day and 
— the total collection of the group is less than 
3 500 tonnes of milk per day.' 
Article 2 
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.