Amended proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector
Date: 1994-04-18
Institutions: European Commission
Subjects: agricultural levy, milk, milk product, regulation of agricultural production

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

:.:&.:• 

« IB 

C0M(94) 150 final 
Brussels, 18.04.1994 

94/ 0067(CNS) 

ADDITIONAL REPORT ON THE APPLICATION OF THE 
MILK QUOTA SCHEME  IN ITALY 

(presented by the Commission) 

Amended proposal  for a 

94/ 0067(CNS) 

COUNCIL REGULATION (EC) 

amending Regulation (EEC) No 3950/92 establishing an additional 
levy In the milk and milk products sector 

(presented by the Commission pursuant to Article  189 A (2) 
of the EC-Treaty) 

f: 

ADDITIONAL  REPORT ON THE APPLICATION OF  THE 
MILK QUOTA  SCHEME  IN  ITALY 

The Commission  Indicated  In paragraph  14 of  Its report  (COM  (94) 64 
final),  adopted  on  2 March,  that  the  checks  on  the  individual 
quotas  allocated  to milk  producers  in  Italy  had  to be  finalised  by 
the  end  of  March,  following  which  the  quotas  to  be  allocated  to 
producers  for  the  start  of  the  1994/95  marketing  year  could  be 
notified. 

The  report  also  stressed  (paragraph  27)  that  the overall  amount  of 
quotas  originally  allocated  for  1993/94  (12.1  ml'l I ion  tonnes)  had 
already  been  reduced  by  0.6  ni 11 ion  tonnes  as  a  result  of  the 
Initial  checks. 

As  promised,  the  Italian  authorities  sent  the  Commission  on 
22 March  last  the  definitive  results  of  the  checks  carried  out  on 
production  in  1988/89,  1991/92  and  1993/94  in  respect  of  each 
producer  to whom  quotas  had  originally  been  allocated  (165 000  in 
all). 

The  results  for  each  item  were  checked  in  detail  by  the  EAGGF 
departments,  first  of  all  In Brussels  and  then  in Rome.  It  should 
be  recalled  that  the  authorities  in  Rome,  with  the  assistance  of 
Financial  Control, had  carried out  on  several  occasions during  1993 
checks on  the producers  to ensure  that  the checks made by AIMA  were 
properly  done. 

The  figures on  the  basis of which  a decision  can  now  be  taken,  and 
the  interpretation  thereof,  were  jointly  agreed  in  Brussels  on 
11 April  by  the  Italian Minister  for  Agriculture  and  the Member  of 
the Commission  with  responsibility  for  Agriculture. 

The position,  in short,  is as  follows: 

(i)  The  quantity  that  can  be  allocated  to  producers  in  the 
forthcoming  1994/95  marketing  year,  In  accordance  with  the 
Italian  law on  the application of quotas, amounts  to 9 632  030 
tonnes  (of which  455 389 tonnes for  direct  sales). 

-\ 

This  figure, compared  to  the  initial  quota  allocation  (11 472 
million  tonnes)  reflects  the  reductions  made  as  a  result  of 
abandoning  dairy  farming,  programmes  for  buying  back  quotas 
and  the restrictions  imposed by  Italian  law. 

(II) The severity of  the  Italian  law - only  those producers able to 
furnish  the  inspectors  with  documented  fiscal  proof  of  their 
supplies and/or  sales could apply  for a quota and only  for  the 
quantities  thus confirmed - has debarred  a number of  producers 
from  obtaining  a quota or, even where  producers  have  received 
one, part of  their  production. 

To  these producers  can be added others  not  recorded  by  UNALAT 
and who have  thus not been allocated  quotas, although  they may 
perhaps be eligible. 

This  further  production  could  amount  to  between  5  and  10% of 
the quotas,  i.e. between 500 000 and  1 million tonnes. 

Legal  proceedings  have  already  started  in  some  3  000  cases 
and  others  will  most  likely  follow  when  the  quotas  for  the 
1994/95  marketing  year  are  allocated.  The  Italian  Government 
will  have to face this  Issue. 

4.  The  Commission  notes  that  Italy  has  taken  the  expected  steps  to 
apply  quotas  in  the milk  sector  and  notes  that  the  checks  carried 
out  by  Italy  and  confirmed  by  the  EAGGF  now  allow  the  position  to 
be  seen  in  a  new  light. The  Commission  accordingly  proposes  that 
the  Council  should  approve  for  1994/95  an  overall  guaranteed 
quantity  of  9 632 030  tonnes  increased  by  a  specific  reserve  of 
298.030  tonnes*1>  with  a  view  to  allocating  where  necessary  the 
reference  quantities  to  producers  who  have  started  legal 
proceedings  against  the  national  administration  as  a  result  of 
their  reference  quantities  being withdrawn. The allocation will  be 
made with  the agreement  of  the Commission  and  Insofar  as  Judgments 
In the said proceedings  find  for  the producers. 

(1) Giving a total  quantity of 9.930.060  tonnes. 

2 

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

Amended  proposal  for a 

COUNCIL  REGULATION (EC) 

amending Regulation  (EEC) No 3950/92 establishing an additional 
levy  In the milk and milk products  sector 

(presented by the Commission pursuant  to Article  189 A (2) 
of the EC-Treaty) 

\ 

EXPLANATORY  MEMORANDUM 

On  24 March  1994, the Commission  transmitted  to  the Council  a proposal  for  a 

Regulation  intended  in  particular  to  amend  the  amount  of  the  guaranteed 

total  quantities  In  the  milk  and  milk  products  sector  with  effect  from 

1 Apr!I  1994. 

The  Commission  subsequently  adopted  a  Regulation  concerning  a  technical 

adjustment  to  those  quantities  to  take  account  of  changes  In  marketing 

methods  which  occurred  during  the  1993/94  period  and  these  adjustments, 

applicable  from  1 April  1993,  should  be  taken  Into  account  when  the  amount 

of  the  total  quantities  Is fixed  with  effect  from  1 April  1994. 

Account  also  needs  to be  taken of  the  results of  the exhaustive  checks  which 

have  just  been  completed  in  Italy  by  Increasing  for  1994/95  the  Commission's 

initial  proposal  In  respect  of  the  guaranteed  total  quantity  for  deliveries 

by  an  amount  which  Includes  a  specific  reserve  to  be  used  under  certain 

cond i 11ons. 

6 

Amended proposai tTor a 
(EC! COUNCIL  REGULATION 
amending  Regulation  (EEC) No 3950/92 establishing an additional 
levy  In the milk and milk products 3Cctor 

9 4/  0067(CMS) 
' 

l 

The  Commission  transmitted  to  the  Council  the  proposal  referred  to  above 

on  24 March  1994. 

Commission  Regulation  (EC) No 647/94, published  In Official  Journal  No L 80, 

adjusted  the  guaranteed  total  quantities  fixed  in  Article  3  of  Council 

regulation  (QIC)  No  3950/92  with  effect  from  1  April  1993.  In  addition, 

account  needs  to  be  taken  of  the  exhaustive  checks  that  have  just  been 

completed  in  Italy.  The  Commission's  initial  proposal  mu3t  therefore  be 

amended  as foi lows: 

(i)  in  the  second  recital  the words  "of  tne  latter  two MemDer  states"  are 

replaced  by  the  words  "the  three  Member  Statee"  and  the  worde  "in  the 

case of Greece" are replaced by  "In the case or  Italy and  Greece". 

(2)  The  fourth  recital  Is replaced by  Hie following: 

"Whcrcao  the  checlcs  carried  out  in  Italy  have  covered  all  milk 

producers,  thereby  enabling  the  guaranteed  total  auantity  grant«d  for 

1003/94 to be  justifiably  increased  for  1994/9 5; whereas, however, part 

or  this  increase,  i.e. 298 030 tonnes, should  be held  in reserve with a 

view  to  allocating  where appropriate  reference  quantities  to  producers 

once certain conditions have been  fulfilled:" 

(Ea>  In the  fifth  recital,  in Lhe lail phrase of the sentence the  figure  of 

"550 000 tonnes"  is replaced  by  THP  figure of  M9D0 000 tonnes" 

5 

(3)  in Article 1 of the proposal: 

the  table  In  Article  3(2)(a) of  Regulation  (EEC)  No 3950/92  is 

replaced by the following: 

Member States 

Deliveries 

Direct sales 

(tonnes) 

Belgium 
Denmark 
Germany*1> 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 

3 066 337 
4 454 459 
27 764 778 
625 985 
5 200 000 
23 637 283 
5 233 805 
9 212 190 
268 098 
10 983 195 
1 804 881 
14 247 283 

244 094 
889 
100 038 
4 528 
366 950 
598 515 
11 959 
717 870 
951 
91 497 
67 580 
342 764 

(1)  6 244 566  tonnes  of  which  for  deliveries  to  purchasers 
established on the territory of the new Lander and 8 801 tonnes 
of which for direct sales in the new Lander." 

Article 3(2)(b) of  Regulation  (EEC) No 3950/92  is replaced by the 

fol lowing: 

"For  the  period  1  April  1994  to  31  March  1995  and  subsequent 

periods: 

(tonnes) 

Member States 

Deliveries 

Direct sales 

Belgium 
Denmark 
Germany*1> 
Greece 
Spain 
France 
Ireland 
Italy 
Luxembourg 
Netherlands 
Portugal 
United Kingdom 

3 035 674 
4 409 914 
27 487 130 
619 725 
5 148 000 
23 400 910 
5 181 467 
9 120 068 
265 417 
10 873 363 
1 786 832 
14 104 810 

241 653 
880 
99 038 
4 483 
363 281 
592 530 
11 839 
710 691 
941 
90 582 
66 904 
339 336 

(1)  6 182 120  tonnes  of  which  for  deliveries  to  purchasers 
established on the territory of the new Lender and 8 713 tonnes 
of which for direct sales In the new Lender." 

c 

The  Increase  in  the  total  guaranteed  quantities  for  deliveries  for 
1993/94  shall  be  granted  in  the  case  of  Spain  and  carried  over  in  the 
case  of  Greece  and  Italy  for  the  period  1994/95.  The  total  guaranteed 
quantity  in  respect  of  deliveries  in  Italy  shall  include  a  reserve  of 
298  030  tonnes  with  a  view  to  allocating,  where  necessary  and  with 
the  agreement  of  the  Commission,  reference  quantities  to  producers 
who 
national 
authorities  as  a  result  of  having  their  reference  quantities 
withdrawn  and  who  win  their  case.  Before  the  period  1995/96,  the 
Commission  will  send  the  Council  a  report  accompanied  by  proposals  on 
whether  the  increase  in  the  case  of  Greece  and  the  size  of  the 
increase  in  the  case  of  Italy  should  be  continued  in  1995/96  and 
subsequent  years." 

proceedings 

Instituted 

against 

legal 

have 

the 

1-

ISSN 0254-1475 

COM(94) 150 final 

DOCUMENTS 

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03 

Catalogue number : CB-CO-94-156-EN-C 

ISBN 92-77-67711-2 

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