Commission Regulation (EC) No 1001/98 of 13 May 1998 amending Regulation (EEC) No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products
Date: 1998-05-13
Institutions: European Commission
Subjects: agricultural levy, application of EU law, direct selling, milk, regulation of agricultural production, sanction (EU)

L 142/22

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EN

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Official Journal of the European Communities

14. 5. 98

COMMISSION REGULATION (EC) No 1001/98

of 13 May 1998

amending Regulation (EEC) No 536/93 laying down detailed rules on the
application of the additional levy on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

increased and provision should be made for increasing
penalties for additional delays;

Having regard to the Treaty establishing the European
Community,

Whereas the measures provided for in this Regulation are
in accordance with the opinion of
the Management
Committee for Milk and Milk Products,

Having regard to Council Regulation (EEC) No 3950/92
of 28 December 1992 establishing an additional levy in
the milk and milk products sector (1), as last amended by
Commission Regulation (EC) No 903/98 (2), and in par-
ticular Article 11 thereof,

the additional

Whereas Article 3(2) of Commission Regulation (EEC) No
536/93 of 9 March 1993 laying down detailed rules on the
application of
levy on milk and milk
products (3), as last amended by Regulation (EC) No
2186/96 (4), provides for a penalty if purchasers do not
observe the time limit for communication of the informa-
tion on the deliveries referred to in that paragraph;

Whereas the basis for the proper administration of the
milk quota arrangements is the strict observance of a
precise timetable; whereas two particular dates in that
timetable are 14 May, the time limit for the declaration by
purchasers to the Member State’s competent authority of
collection information, and 31 August, the time limit for
payment by purchasers to the competent body of the levy
due from them;

Whereas the information which purchasers need to be
able to forward collection information before 15 May is
already in their possession in April;

Whereas non-observance of the time limit of 14 May by
purchasers is likely to hamper the competent authorities
in their task of completing the calculation work necessary
to determine quota overruns and sums due; whereas the
more a puchaser delays communication of the informa-
the more serious are the consequences for the
tion,
competent authorities which have to ensure payment of
the levy before the time limit;

Whereas experience shows that to make the penalty more
effective and to ensure that the size of the penalty is in
proportion to the seriousness of the offence, the penalty
applicable where the delay exceeds 15 days should be

(1) OJ L 405, 31. 12. 1992, p. 1.
(2) OJ L 127, 29. 4. 1998, p. 8.
(3) OJ L 57, 10. 3. 1993, p. 12.
(4) OJ L 292, 15. 11. 1996, p. 6.

HAS ADOPTED THIS REGULATION:

Article 1

Article 3(2) second subparagraph of Regulation (EEC) No
536/93, is hereby replaced by the following:

‘Where that time limit is not observed, the purchaser
shall be liable to a penalty calculated as follows:

— if

the communication referred to in the first
subparagraph is made before 1 June, the penalty
shall be equal to the amount of the levy due for a
0,1 % overrun on the quantities of milk and milk
equivalent delivered to them by producers. Such
penalty may not be less than ECU 500 nor more
than ECU 20 000,

— if

the communication referred to in the first
subparagraph is made after 31 May but before 16
June, the penalty shall be equal to the amount of
the levy due for a 0,2 % overrun on the quantities
of milk and milk equivalent delivered to them by
producers. Such penalty may not be less than ECU
1 000 nor more than ECU 40 000,

— if

the communication referred to in the first
subparagraph is made after 15 June but before 1
July, the penalty shall be equal to the amount of
the levy due for a 0,3 % overrun on the quantities
of milk and milk equivalent delivered to them by
producers. Such penalty may not be less than ECU
1 500 nor more than ECU 60 000,

— if

the communication referred to in the first
subparagraph is not made before 1 July,
the
penalty shall be that referred to in the third indent
plus an amount equal to 3 % of that penalty for
each calendar day of delay from 1 July. Such
penalty may not exceed ECU 100 000.

However, if the quantities of milk or milk equivalent
delivered to the purchaser per period of 12 months
are less than 100 000 kilograms, the minimum penal-
ties referred to in the first
three indents shall be
reduced to ECU 100, 200 and 300 respectively.’

14. 5. 98

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Official Journal of the European Communities

L 142/23

Article 2

This Regulation shall enter into force on the seventh day following its publication in the
Official Journal of the European Communities.

However, the minimum penalties referred to in Article 1 shall apply only from 1999.

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

Done at Brussels, 13 May 1998.

For the Commission

Franz FISCHLER

Member of the Commission