31. 3. 88 Official Journal of the European Communities No C 84/27 
'2. The buying in of skimmed-milk powder provided 
for in Article 7(1) of Regulation (EEC) No 804/68 may 
be suspended as soon as the quantities offered for 
intervention in the period 1 March to 31 August each 
year exceed 100 000 tonnes.' 
2. In Article 2, 'of the fifth period' is replaced by 'of the 
eighth period'. 
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, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas, in view of the growing imbalance in the 
Community between supply and demand in cereals, certain 
measures to restore sound conditions in the sector in 
question were introduced by Council Regulation (EEC) No 
2727/75 on the common organization of the market in 
cereals (*), as last amended by Regulation (EEC) No 3989/ 
87 (2); whereas those measures involve in particular the 
introduction of a co-responsibility levy determined by 
taking account of the various factors which will enable a 
definition to be given of that production which requires 
financial support in order to ensure its disposal and allow 
an assessment to be made of the resulting charges on the 
budget, bearing additionally in mind imports of cereal 
substitute products on the Community market; 
Whereas those measures are not however liable to be 
sufficient to control production the increase in which may 
lead to an uncontrollable rise in expenditure; whereas 
(!) OJ No L 281, 1. 11. 1975, p. 1. 
(2) OJ No L 377, 31. 12. 1987, 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. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
better control of production could be achieved by fixing a 
maximum guaranteed quantity above which certain 
measures to stabilize the market in cereals and thereby to 
curb expenditure in the sector in question are taken; 
whereas, to that end, an additional co-responsibility levy to 
be collected provisionally at the beginning of the marketing 
year, reimbursement of which in full or in part will be 
decided, as the case may be, after it is established that the 
maximum guaranteed quantity has not been exceeded or 
that the amount by which it has been exceeded is lower than 
a certain percentage should be introduced; whereas, 
moreover, where the maximum guaranteed quantity is 
exceeded in a marketing year, account should be taken of 
that for the fixation of prices for the following marketing 
year; 
Whereas the maximum guaranteed quantity must be 
established so that it reflects the Community's total cereal 
requirements; 
Whereas, in view of the difficulties arising in the 
application of the co-responsibility levy arrangements 
provided for in Article 4 of Regulation (EEC) No 2727/75, 
provision should be made for that levy and the additional 
levy to be collected throughout the Community at the time 
of placing on the market or of sale to intervention by 
producers; 
Whereas, when the co-responsibility levy was introduced, a 
system of direct aid for small producers of cereals was also 
instituted with the aim, having regard to the social 
implications of the measure, of offsetting the effect of the 
co-responsibility levy on their incomes; whereas that 
system must be adjusted on the one hand to ensure that the Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 2727/75 on the 
common organization of the market in cereals 
COM(88) 84 final 
(Submitted by the Commission to the Council on 25 February 1988) 
(88/C 84/16) 
No C 84/28 Official Journal of the European Communities 31. 3. 88 
levy paid corresponds fully to the aid received by each 
producer exempted and on the other hand to cover the 
effects of any application of the additional co-responsibility 
levy; 
Whereas under the set-aside scheme provided for by 
Council Regulation (EEC) No 797/85 on improving the 
efficiency of agricultural structures (1), as last amended by 
Regulation (EEC) No .../88, there is provision for 
exemption from the co-responsibility levy for those 
producers undertaking to set aside at least 30 % of their 
arable land under that programme; whereas that exemp­
tion is limited to 20 tonnes of marketed cereals; whereas, 
for the sake of controls, it should be provided that that 
exemption should also be implemented in the form of a 
reimbursement; 
Whereas, moreover, in view of the earliness of harvests in 
the southern regions of the Community, difficulties may 
arise in the application of the measures contemplated; 
whereas that situation may be remedied by providing that 
the measures in question are to apply in those Member 
States in the period 1 June to 31 May; 
Whereas the measures provided for in this Regulation shall 
apply to Portugal from the beginning of the second stage, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2727/75 is hereby amended as 
follows: 
1. Article 4 of Regulation (EEC) No 2727/75 is replaced by 
the following: 
'Article 4 
1. A co-responsibility levy shall be payable by 
producers in respect of the cereals referred to in Article 1 
(a) and (b) produced in the Community and placed on 
the market or sold to an intervention agency pursuant to 
Articles 7 and 8. These arrangements shall apply for the 
1988/1989 to 1991/1992 marketing years. 
However, without prejudice to the exemption provided 
for in Article la(6) of Regulation (EEC) No 797/85, 
small producers shall qualify for an exemption from the 
co-responsibility levy in accordance with the arrange­
ments provided for in Article 4a. 
The exemption provided for in Article la(6) of 
Regulation (EEC) No 797/85 shall take the form of a 
reimbursement. 
2. The amount, per unit, of the levy shall be fixed 
annually before the beginning of the marketing year, in 
accordance with the procedure laid down in Article 43 
(2) of the Treaty. 
(!) OJ No L 93, 30. 3. 1985, p. 1. 3. When the amount of the co-responsibility levy is 
determined, account shall be taken of imports into the 
community of the products listed in Annex D. 
4. The levy provided for in this Article shall be 
regarded as forming part of the intervention measures 
designed to stabilize agricultural markets and shall be 
allocated to the financing of expenditure in the cereals 
sector. 
5. Detailed rules for the application of this Article, 
and in particular the definition of placing on the market, 
and the necessary transitional measures shall be 
adopted in accordance with the procedure laid down in 
Article 26. 
6. The Commission shall consult with trade interests 
on the use of the amount produced by the levy. 
7. For the purposes of applying this Article, for cereals 
other than maize and grain sorghum produced in Italy, 
Greece, Spain and Portugal, 'marketing year' means the 
period 1 June to 31 May.' 
2. Article 4a is replaced by the following: 
'Article 4a 
1. Direct aid shall be instituted for small producers. 
For the Community, the total amount of the aid shall be 
fixed each year before the beginning of the marketing 
year in accordance with the procedure laid down in 
Article 43(2) of the Treaty. 
That amount shall be equal to the total estimated 
amount produced by the co-responsibility levy provided 
for in Articles 4 and 4b on producers marketing not 
more than 25 tonnes. 
2. The Council, acting by a qualified majority on a 
proposal from the Commission, shall lay down general 
rules for such aid, including those to ensure that the 
reimbursement made corresponds fully to the levy 
collected. 
3. Detailed rules for the application of the aid, and in 
particular its allocation, shall be adopted in accordance 
with the procedure laid down in Article 26 on the basis 
of objective criteria.' 
3. The following Article 4b is added: 
'Article 4b 
1. When the prices provided for in Article 3(1) are 
fixed, and in accordance with the same procedure, the 
Council shall fix each year a maximum guaranteed 
quantity for all the cereals referred to in Article 1(a) 
31. 3. 88 Official Journal of the European Communities No C 84/29 
and (b). For the fixation of that quantity, account shall 
be taken of the overall consumption of cereals in the 
Community and of imports of the products listed in 
Annex D. However, for the 1988/1989, 1989/1990, 
1990/1991 and 1991/1992 marketing years, the ma­
ximum guaranteed quantity shall be fixed at 160 million 
tonnes. 
2. For each marketing year and for the period referred 
to in Article 4(1), an additional co-responsibility levy 
shall be payable by producers. That additional levy shall 
be equal to 3 % of the intervention price applying to 
common wheat of breadmaking quality at the beginning 
of the marketing year in question. The provisions of 
Article 4(1), (4), (6) and (7) shall apply to the additional 
levy. 
Where cereals production in a marketing year is equal to 
or less than the maximum guaranteed quantity fixed for 
that marketing year, the additional levy shall be 
reimbursed in full to producers. Where the amount by 
which the maximum guaranteed quantity is exceeded is 
less than 3 %, the additional levy shall be reimbursed in 
part. That reimbursement shall correspond to the 
difference between the additional levy paid and that 
resulting from the recorded amount by which the 
maximum guaranteed quantity is exceeded. 
The amount of the direct aid to be granted to small 
producers for each tonne of cereals marketed to offset 
the additional co-responsibility levy shall be reduced by 
the amount of the levy reimbursed in accordance with 
the provisions of this paragraph. 
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 Act of Accession of Spain and 
Portugal, and in particular Articles 89(2) and 234(3) 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 3. If the cereals production in a marketing year 
exceeds the maximum guaranteed quantity fixed for 
that marketing year, the intervention price for the 
following marketing year shall be reduced by 3 %. 
That reduction shall also affect the determination of the 
target prices referred to in Article 3(1). 
The Commission shall adjust the intervention and 
target prices resulting from the application of the 
preceding subparagraph each year before the beginning 
of the marketing year. 
4. For the purposes of applying this Article, the 
Commission shall establish each year before 1 March 
whether the cereals production from the current 
marketing year has exceeded the maximum guaranteed 
quantity fixed for that marketing year or not. 
5. Detailed rules for the application of this Article and 
in particular the amount of the additional levy shall be 
adopted in accordance with the procedure laid down in 
Article 26.' 
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 1988/1989 marketing year. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Regulation (EEC) No 1035/72 on the common 
organization of the market in fruit and vegetables (1), as 
last amended by Regulation (EEC) No 223/88 (2), provides 
(!) OJ No L 118, 18. 5. 1972, p. 1. 
(2) OJ No L 23, 28. 1. 1988, p. 1. Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1035/72 on the 
common organization of the market in fruit and vegetables 
COM(88) 84 final 
(Submitted by the Commission to the Council on 25 February 1988) 
(88/C 84/17)