Keywords

Summary



Keywords

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1. Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers who have suspended their deliveries under the system of premiums for non-marketing or conversion - Award of a special reference quantity - Deduction of additional reference quantities granted under Article 4(1)(c) or (b) of Regulation No 857/84

(Council Regulation No 857/84, as amended by Regulation No 764/89, second subparagraph of Art. 3a(2) and Art. 4(1)(b) and (c))

2. Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers who have suspended their deliveries under the system of premiums for non-marketing or conversion - Partnership which has the status of producer - Award of a special reference quantity to certain members of the partnership - Deduction of the additional reference quantity granted to the partnership

(Council Regulation No 857/84, as amended by Regulation No 764/89, second subparagraph of Art. 3a(2) and Arts 4(1)(c) and 12(c))

Summary

1. When the special reference quantities to be allocated, pursuant to Article 3a of Regulation No 857/84, as amended by Regulation No 764/89, to certain milk producers who have suspended their deliveries under the system of premiums for non-marketing or conversion are being determined, the second subparagraph of Article 3a(2), under which the special reference quantity is to be reduced inter alia by any additional reference quantities granted under Article 4(1)(b) and (c) of that regulation, must be interpreted as referring both to producers who are in receipt of a reference quantity under Article 4(1)(b) and to those in receipt of a reference quantity under Article 4(1)(c). Accordingly, where a producer has obtained an additional reference quantity pursuant to a national provision implementing Article 4(1)(c) but not Article 4(1)(b), that quantity falls to be deducted from a special reference quantity obtained under the said Article 3a.

That interpretation is necessary in view of the purpose of the rule against overlapping in the second subparagraph of Article 3a(2), which is to prevent the unjust enrichment of producers that would ensue from the allocation of two reference quantities for the same production. That purpose would not be fully achieved if deduction of additional reference quantities was restricted to a case where the producer had obtained such a quantity under both Article 4(1)(b) and 4(1)(c).

2. The additional levy on milk system is based on the principle that reference quantities are allocated to producers, that is to say, having regard to the definitions given in Article 12(c) and (d) of Regulation No 857/84, to the person or group of persons farming a holding at a particular time. That principle implies that the rule against overlapping in the second subparagraph of Article 3a(2), as amended by Regulation No 764/89, is applicable in all cases where the producer farming the holding at the time when a special reference quantity is awarded under Article 3a is at the same time in receipt of a reference quantity previously allocated in respect of the holding, pursuant to Article 4(1)(c).

Accordingly, the second subparagraph of Article 3a(2) must be interpreted as meaning that where a reference quantity has been awarded under Article 4(1)(c) of Regulation No 857/84 to a partnership of several persons and in addition a special reference quantity is awarded under Article 3a in respect of the same holding but to only certain members of the partnership, which has the status of producer, the first reference quantity falls to be deducted in full from the second reference quantity.