27. 11. 90 Official Journal of the European Communities No C 297/7 
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 
(90/C 297/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 234 (2) thereof, 
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 . . . (2), and in particular Article 5c (6) thereof, 
Having regard to the proposal from the Commission, under (a), 'Member States other than the Kingdom 
of Spain and, from 1 April 1991, Germany as 
regards the territory of the former German 
Democratic Republic' is replaced by 'Member States 
other than Spain, Portugal and, from 1 April 1991, 
Germany as regards the territory of the former 
German Democratic Republic', 
the following is added as (d): 
'(d) In Portugal, the reference quantity referred to 
in the first subparagraph shall be equal to the 
quantity of milk or milk equivalent delivered 
or purchased during the 1990 calendar year, 
weighted where applicable by a percentage 
established so as not to exceed the guaranteed 
quantity defined in Article 5c of Regulation 
(EEC) No 804/68.' 
Whereas Council Regulation (EEC) No 857/84 (3), as last 
amended by Regulation (EEC) No 1183/90 (4), fixes the 
period during which the deliveries or direct sales of milk or 
milk products to a purchaser or by a producer are to be 
taken into account for the purpose of establishing the 
individual reference quantity; whereas the said Regulation 
should be supplemented in view of the fact that Portugal, 
pursuant to the Act of Accession, must implement the 
additional levy system from 1 January 1991; whereas the 
Annex to Regulation (EEC) No 857/84 must be 
supplemented, as regards direct sales, to include Portugal, 
HAS ADOPTED THIS REGULATION: The last sentence of the first subparagraph of point 3 of 
Article 3 is replaced by the following: 
'However, 
— in Spain, the producers shall, at their request, 
obtain the taking into account of another reference 
year within the 1983 to 1985 period, 
— in the territory of the former German Democratic 
Republic, these producers shall, at their request, 
obtain the taking into account of another reference 
year within the 1987 to 1989 period, 
— in Portugal, these producers shall, at their request, 
obtain the taking into account of another reference 
year within the 1988 to 1990 period.' 
Article 1 
Regulation (EEC) No 857/84 is hereby amended as 
follows: 
1. The second subparagraph of Article 2 (1) is amended as 
follows: 3. Paragraph 6(1) is amended as follows: 
— in the second subparagraph, under (a), 'Member 
States other than the Kingdom of Spain' is replaced 
by 'Member States other than Spain and 
Portugal.', 
(i) OJNo L 148, 28. 6. 1968, p. 13. 
(2) See page 5 of this Official Journal. 
(3) OJ No L 90, 1. 4. 1984, p. 13. 
(4) OJ No L 119, 11. 5. 1990, p. 27. in the second subparagraph the following is added 
as (c): 
'(c) In Portugal, the reference quantity for the 
producer shall be equal to the quantity of 
direct sales which he has made during the 
No C 297/8 Official Journal of the European Communities 27. 11. 90 
1990 calendar year, weighted were applicable 
by a percentage.', 
— the following subparagraph is added: 
'The previous subparagraph shall also apply to 
Portugal, and the period taken into consideration 
shall be from 1988 to 1990.' 4. The Annex is replaced by the Annex to this 
Regulation. 
Article 2 
This Regulation shall enter into force on 1 January 1991. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For The Council 
ANNEX 
Quantities referred to in Article 6 (2) (milk producers selling direct to the consumer) of this Regulation 
and the application periods referred to in Article 5c (2) of Regulation (EEC) No 804/68 
('000 tonnes) 
Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 2.4.1984 to 
31.3.1985 
480 
1 
305 
116 
— 
1 183 
16 
1 116 
1 
145 
— 
398 1.4.1985 to 
31.3.1986 
450 
1 
130 
116 
750 
1 014 
16 
1 116 
1 
95 
— 
395,426 1.4.1986 to 
31.3.1987 
400 
1 
130 
46 
750 
874 
16 
1 116 
1 
95 
— 
395,426 1.4.1987 to 
31.3.1988 
387,660 
0,980 
94,400 
45,080 
685,000 
756,520 
15,680 
1 093,680 
0,980 
93,100 
— 
387,517 1.4.1988 to 
31.3.1989 
380,809 
0,970 
93,100 
44,620 
677,500 
747,780 
15,520 
1 082,520 
0,970 
92,150 
— 
383,563 1.4.1989 to 
31.3.1990 
380,809 
0,970 
93,100 
4,620 
527,500 
747,780 
15,520 
1 082,500 
0,970 
92,150 
— 
383,563 1.4.1990 to 
31.3.1991 
380,809 
0,970 
93,100 
4,620 
527,500 
747,780 
15,520 
732,520 
0,970 
92,150 
121,000 
383,563 1.4.1991 to 
31.3.1992 
380,809 
0,970 
153,100 (!) 
4,620 
527,500 
747,780 
15,520 
732,520 
0,970 
92,150 
121,000 
383,563 
(*) Of which 60,000 for the territory of the former German Democratic Republic.