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 - Owner of a holding acquired during the reference year who resumed milk production at the time of entry into force of the levy scheme - Grant of reference quantity corresponding to the milk production of the previous farmer during the reference year - Condition - Use by the Member State concerned of the power to allocate a reference quantity to the new owners in the event of the transfer of all or part of the holding by sale, lease or inheritance

(Council Regulation No 857/84, Art. 7(1), as amended by Regulation No 590/85; Commission Regulation No 1371/84, Art. 5(3))

2. Agriculture - Common organization of the markets - Milk and milk products - Additional levy on milk - Determination of reference quantities exempt from levy - Owner and new producer having commenced his deliveries of milk on the date of the entry into force of the levy scheme - Calculation of the reference quantity on the basis of the deliveries of the previous farmer during the part of the reference year which preceded his ceasing activities - Taking into account of a different reference year - Excluded

(Council Regulation No 857/84, Arts 3, 3a, 4 and 4a; Commission Regulation No 1371/84, Art. 3)

Summary

1. Under the additional milk levy scheme introduced by Article 5c of Regulation No 804/68, as amended by Regulation No 856/84, an owner who during the reference year acquired the whole or part of a holding by sale, lease or inheritance and who resumed milk production at the time when that scheme entered into force, may receive a reference quantity in respect of the quantity of milk produced by the previous farmer in the course of part of the reference year where the Member State concerned, in the exercise of the power conferred by Article 7(1) of Regulation No 857/84 adopting general rules for the application of the said levy, as amended by Regulation No 590/85 and subparagraph 3 of Article 5 of Regulation No 1371/84 laying down detailed rules for the application of the levy, has decided to allocate a reference quantity to producers who find themselves in such circumstances.

2. Articles 3, 3a, 4 and 4a of Regulation No 857/84, as amended, and Article 3 of Regulation No 1371/84 contain an exhaustive list of the special situations in which reference quantities or individual quantities may be allocated and set out precise rules concerning the determination of those quantities. Since no provision of the regulations makes it possible for an owner and new producer who commenced his milk deliveries on the date of entry into force of the additional levy scheme, and whose reference quantity is calculated on the basis of the deliveries made by the previous farmer in the course of only part of the reference year before he ceased his activities, to have account taken, as a result of that fact, of a reference year different from that chosen by the Member State concerned, such taking into account is excluded, even where the deliveries during the reference year are not representative of the production capacity of the holding during that year.