Proposal for a COUNCIL REGULATION (EEC) amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products
Date: 1992-03-30
Institutions: European Commission
Subjects: common organisation of markets, milk, milk product

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(90) 137  final 

Brussels, 30 March  1992 

Proposal  for a 

rmilNPIl  REGULATION  (EEC) 

amending Regulation  (EEC) No 804/68 on the 
common  organization of the market 
in milk and milk products 

ftxjposftl 

tot 

O00HCXL KBSDXAm  (ETC) 

amending  Regulation  (EEC)  No  857/84  adopting  general  rules 
for  the  application  of  the  levy  referred  to  in  A r t i c le  5c 
of  Regulation  (EEC)  No  804/68  in  the  milk 
and  milk  products  sector 

Proposal 

f or 

COUNCIL  REGULATION  (EEC) 

establishing,  for  die  period  running  from  1  April  1992  to  31  March  1993,  the 
Community  reserve  for  the  application  of  the  levy  referred  to  in  Article  5c  of 
Regulation  (EEC)  No  804/68  in  the  milk  and  milk  products  sector 

(presented by the Commission) 

1 -

Proposal  for a 

COUNCIL REGULATION  (EEC) No 

/... 

of 
amending Regulation  (EEC) No 804/68 on the 
common organization  of the market 
in milk and milk products 

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 

Having regard to the Opinion of the European Parliament 

(2) 

Whereas  the additional-levy arrangements  introduced by Article  be of Council 

Regulation  (EEC) No 804/68 

, as last amended by Regulation  (EEC) No 

expire on 31 March  1992; whereas new arrangements applicable until  the year 2000 

are to be adopted  as part of reform of the common agricultural  policy; whereas it 

is necessary  in the meantime  to continue the present arrangements  for a ninth 

period of twelve months; whereas, under the the Commission proposals, the total 

quantity set by this Regulation may be reduced, in return for compensation, for 

the said period so that the rationalization efforts already begun can be 

continued; 

Whereas because of the market  situation  it was necessary  temporarily  to suspend 

part of the reference quantities  from the fourth twelve-month  period, pursuant  to 

Regulation  (EEC) No 775/87 

(5) 

. as last amended by Regulation  (EEC) 

No 364.1/90 

; whereas because of persisting surpluses 4,5% of the reference 

quantities for deliveries  are not  included  for the ninth period  in the guaranteed 

total quantities; whereas  in the course of Reform of the CAP the Council  will 

decide definitively what  is to happen with these quantities; 

( 1) OJ No 
(2) OJ No 
(3) OJ No L  148, 28.6.1968, p. 13 
(4) OJ No L 
<b) OJ No L  78, 20. 3.1987, p. 5. 
(6) OJ No L 362, 27.12.1990, p. 9. 

- 2 -

Whereas, on this assumption,  it seems advisable  to specify,  under  the terms of 

this Regulation,  the amount  for each Member  State of the quantities  concerned: 

Whereas  it has been  agreed  that  application  of the arrangements  to control  milk 

production  must  not  jeopardize  the  restructuring  of agricultural  holdings  in 

thterritory of the  former German Democratic  Republic; whereas  the  diffiulties 

encountered make  it necessary  to extend  for a further period  the  flexibility 

introduced  into those arrangements  for that territory,  while  ensuring  that  it 

remains  the sole beneficiary; 

HAS ADOPTED THIS  REGULATION: 

Article 1 

Article  5c of Regulation  (EEC) No 804/68  is hereby amended  as follows: 

1) in the first  subparagraph  of paragraph i, "during eight  periods..." is 

replaced  by "during nine periods..."; 

2) the  following paragraph  1b is added: 

"lb.  In the case of agricultural  holdings  situated  in the  territory  of the 

former German Democratic  Republic,  the reference  quantity may be 

allocated  provisionally  for the ninth period,  provided  that  the  quantity 

thus allocated  is not modified  during  that  period."; 

3) the following point  (g) is added  to paragraph  3: 

"(g) for the twelve-month  period  from  1 April  1992 to 31 March  1993, and 

without  prejudice  during  that period,  taking account  of  the  Commission 

proposals  in connection with  the Reform  of the CAP,  to a  1% reduction 

calculated  on the basis of the quantity  referred  to  in the second 

subparagraph  of  this paragraph,  the  total  quantity,  expressed  in 

thousands  of  tonnes,  shall be: 

- 3 -

(1) 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 

2 881,036 
4 369,390 
27  154,205 
520,615 
4 361,750 
23 042,430 
4 725,600 
8 224,210 
237,175 
10 709,205 
1 743,420 
13 702,993 

The quantities  referred  to in Regulation  (EEC) No 775/87 which  are not 

included  in the preceding point  are as follows  in thousands  of tonnes: 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
United Kingdom 

144,495 
219,690 

1 360,215  (2) 
24,165 
209,250 
1 153,530 
237,600 
395,910 
11,925 
539,055 
689,831 

(1) including 6  157,620 for deliveries  to buyers established  in the territory  of 

the former German Democratic  Republic 

(2) including  306,18 in the territory of the former German Democratic  Republic 

The Council  shall  take a final decision on the future of these quantities  in the 

context of the Reform of the CAP. 

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  1 April  1992. 

This Regulation  shall be binding  in its entirety and directly  applicable  in all 

Member States. 

Done at Brussels, 

For the Council 

-  4  -

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 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Waving  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 

rhe market  in milk and milk  products 

, as last  amended by Regulation  (EEC) No 

, and 

in particular  Article  5c(6) thereof, 

Having  regard  to the proposal  from  the Commission 

, 

(3) 

Having regard  to the Opinion of the European Parliament 

> 

Whereas  the additional-levy  arrangements  referred  to in Article 5c of Regulation  (EEC) No 804/68 

have been  extended for a ninth  period of twelve months; whereas  it is accordingly  necessary  to adapt 

the relevant  provisions of Regulation  (EEC) No 857/84 

, as last  amended by Regulation (EEC) 

(5) 

No  1639/91  <6); 

Whereas  it has been  agreed  that  application of the arrangements  to control  milk production  must not 

jeopardize the restructuring of agricultural  holdings  in the territory of the former  German 

Democratic  Republic; whereas  the difficulties  encountered  make  it necessary  to extend for a further 

period  the flexibility  introduced  into  those arrangements  for that  territory, while ensuring  that it 

remains  the sole  beneficiary; 

(1) OJ  No  L  148, 28.6.1968,  p. 13 
(2) OJ  No L 
(3) OJ No 
(4) OJ No 
(5) OJ  No L 90,  1.4.1984,  p.  13. 
(6) OJ  No L  150,  15.6.1992,  p. 35 

- 5 -

Whereas  the provisions  of Article  7(2) and  (3) of this Regulation,  concerning  the 

replacement  of purchasers, were  the subject, by the judgment  of the Court  of 

Justice of the European Communities  of  10 July  1991, of an interpretation  such 

that  the aforementioned  provisions  should be clarified  accordingly; 

Whereas  the total quantities  for direct  sales  laid down  in the Annex  to this 

Regulation  should be adapted  in the same way as the total  quantities  for 

deliveries under Regulation  (EEC) No 804/68, for the same reasons, 

HAS ADOPTED THIS  REGULATION: 

Article 1 

Regulation  (EEC) No 857/84 is hereby amended  as follows: 

1) in the first  subparagraph  of Article  4a(1),  "for the eight 

periods 

" 

is replaced  by "for the nine 

periods 

". 

2) the following  is added  to the first  subparagraph  of Article 6(2): 

"However,  for the period  from  1 April  1992 to 31 March  1993, the  quantities 

shall be established  without  prejudice  to a  1% reduction,  taking account  of 

the Commission  proposals  in connection with the Reform  of the CAP,  during 

that  period." 

- 6 -

3) in Article  7: 

(a) in the third  subparagraph  of paragraph  1, "for the eighth  twelve-month 

period  ..." is replaced  by "for the ninth twelve-month period  . ..•.."; 

(b) the first  subparagraph  of paragraph  3 is replaced  by  the  following: 

"The Member States may provide  that  part  of the quantities  referred  to in 

paragraph  1 shall be added  to the reserve mentioned  in Article  5 or, 

depending on the circumstances,  to the reserve mentioned  in 

Article  8(3)." 

4) in the first  subparagraph  of Article 9(4), "for the eight  ... periods  ..." is 

replaced  by  "for the nine  ... periods  ..."; 

5) the following column  shall be added  after the column headed 

"1.4.1991-31.3.1992": 

Belgium 
Denmark 
Germany 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United  Kingdom 

1.4.1992-
31.3.1993 

373,193 
0,951 
150^038 
4,528 
516,950 
732,824 
15,210 
717,870 
0,951 
102,307 
118.580 
392,868 

fl) 

(1) including  58,801  for the  territory  of  the  former  German 

Democratic  Republic" 

- 7 -

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  1 April  1992. 

This Regulation  shall  be binding  in its entirety  and directly  applicable  in all 

Member States. 

Done at Brussels, 

For the Council 

1.  4.  92 

Official  Journal  of  the  European  Communities 

No  L  86/87 

cP 

C O U N C IL  REGULATION  (EEC)  No  818/92 

of  31  March  1992 

establishing,  for  the  period  running  from  1  April  1992  to  31  March  1993,  the 
C o m m u n i ty  reserve  for  the  application  of  the  levy  referred  to  in  Article  5c  of 
Regulation  (EEC)  No  804/68  in  the  milk  and  milk  products  sector 

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  Regula 
tion  (EEC)  No  816/92 (2), and  in  particular  Article  5c  (6) 
thereof, 

Having  regard  to  the  proposal  from  the  Commission  (3), 

reserve  for 

the  Community 

Whereas  Article  5c  (4)  of  Regulation  (EEC)  No  804/68 
provides  for  the  establishment  of  a  Community  reserve  in 
order  to  supplement,  at  the  beginning  of  each  12-month 
period,  the  overall  guaranteed  quantities  of  Member  States 
in  which  the  levy  scheme  gives  rise  to  particular  difficul 
ties ;  whereas 
the  ninth 
12-month  period  should  be  again  fixed  at  2 082  885,740 
tonnes,  including  443 000  tonnes  to  be  allocated  in  the 
Member  States  where  the  implementation  of  the 
levy 
system  still  raises  special  difficulties,  600 000  tonnes  to 
alleviate  difficulties  encountered  by  the  Member  States  in 
to 
allocating  the  specific  reference  quantities  pursuant 
Article  3a  of  Council  Regulation  (EEC)  No  857/84  of 
31  March  1984  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 (4) as  last 
(EEC)  No  817/92(0,  and 
amended  by  Regulation 
1 039  885,740  tonnes  to  alleviate  the  difficulties  encoun 
tered  by  the  Member  States  in  allocating  the  additional  or 

specific 
producers  as  defined  in  Article  3b  of  that  Regulation, 

to  certain  categories  of 

reference  quantities 

HAS  ADOPTED  THIS  REGULATION : 

Article  1 

For  the  period  1  April  1992  to  31  March  1993,  the 
Community  reserve  provided  for  in  Article  5c (4) of  Regu 
lation  (EEC)  No  804/68  shall  be  2 082  885,740  tonnes,  of 
which  : 

—  443 000  tonnes  shall  be  allocated  in  certain  Member 
States  where  the  implementation  of  the  levy  system 
raises  special  difficulties, 

—  600 000  tonnes  shall  be  to  alleviate  the  difficulties 
encountered  by  the  Member  States  in  allocating  the 
specific  reference  quantities  pursuant  to  Article  3a  of 
Regulation  (EEC)  No  857/84, 

—  1 039  885,740  tonnes  shall  be  for  producers  as  referred 
to  in  Article  3b  of  Regulation  (EEC)  No  857/84. 

Article  2 

This  Regulation  shall  enter  into  force  on  the  day  of  its 
publication 
the  European 
Communities. 

the  Official  Journal 

in 

of 

It  shall  apply  from  the  beginning  of  the  ninth  12-month 
period  of  the  additional  levy  system. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 
States. 

Done  at  Brussels,  31  March  1992. 

For  the  Council 

The  President 

Arlindo  MARQUES  CUNHA 

(')  OJ  No  L  148,  28.  6.  1968.  p.  13. 
(')  See  page  83  of  this  Official  Journal. 
(J)  OJ  No  C  337,  31.  12.  1991,  p.  34. 
(*)  OJ  No  L  90,  1.  4.  1984,  p.  13. 
(*)  See  page  85  of  this  Official  Journal. 

ISSN 0254-1475 

COM (92) 137 final 

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