Proposal for a Council Regulation (EC) providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade
Date: 1998-07-22
Institutions: European Commission
Subjects: agricultural quota, dairy production, farmer, indemnification, milk product

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II

(Preparatory  Acts)

COMMISSION

Proposal  for  a  Council  Regulation  (EC)  providing  for  an  offer  of  compensation  to  certain
producers  of  milk  and  milk  products  temporarily  restricted  in  carrying  out  their  trade

(98/C  273/03)

COM(1998)  464  final  -  98/0244(CNS)

(Submitted  by  the  Commission  on  22  July  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  43  thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

levy 

Whereas,  when 
scheme  was
the  additional 
introduced  in  1984  in  the  milk  and  milk  products  sector,
Community  legislation,  in  establishing  rules  for  the  allo(cid:220)
cation  of  individual  reference  quantities,  did  not  take
account  of  the  situation  of  producers  who,  as  a  result  of
an  undertaking  pursuant  to  Council  Regulation  (EEC)
No  1078/77  of  17  May  1977  introducing  a  system  of
premiums  for  the  non(cid:220)marketing  of  milk  and  milk
products  and  for  the  conversion  of  dairy  herds(cid:216)(˛),  had
not  delivered  or  sold  milk  during  the  reference  year
adopted  by  the  Member  State  or  were  restricted  in  the
level  of  deliveries  or  sales  during  that  year;

in  so 

to  make  good 

the  damage 
far  as 

judgment  with  regard  to  the 

the  Community  institutions  undertook  to  give  full  effect
to  that  ruling  in  respect  of  all  concerned  producers
whose  circumstances  satisfied  the  conditions  laid  down
liability  of  the
in  the 
Community 
said
the 
producers  had  suffered 
the  original
Community  legislation  did  not  provide  for  the  allocation
of  an  individual  reference  quantity  to  them;  whereas  the
producers  concerned  were  essentially  those  who  were
entitled  to  apply  for  a  special  reference  quantity  pursuant
to  the  provisions  added  to  Council  Regulation  (EEC)
No  857/84(cid:216)(ˇ)  by  Council  Regulation 
(EEC)  No
764/89(cid:216)(—)  or  Council  Regulation  (EEC)  No  1639/91(cid:216)((cid:209));
whereas  Council  Regulation  (EEC)  No  2187/93  of  22
July  1993  providing  for  an  offer  of  compensation  to
certain  producers  of  milk  and  milk  products  temporarily
prevented  from  carrying  on  their  trade(cid:216)((cid:210))  introduced
compensation  arrangements  for  these  producers  under
which  an  offer  calculated  on  a  flat(cid:220)rate  basis  was  made
to  all  eligible  producers  who  submitted  applications,
which  could  be  accepted  in  full  and  final  settlement  or
else  rejected;

in  so 

to  make  good 

the  damage 
far  as 

Whereas,  on  the  application  of  two  producers,  the  Court
of  First  Instance,  in  its  judgment  of  9  December  1997  in
the
joined  cases  T(cid:220)195/94  and  T(cid:220)202/94,  ordered 
Community 
said
the 
producers  had  suffered 
the  original
Community  legislation  establishing  the  additional  levy
scheme  did  not  provide  for  the  allocation  of  an  indi(cid:220)
vidual  reference  quantity  in  respect  of  holdings  subject  to
an  undertaking  pursuant 
to  Regulation  (EEC)  No
1078/77  and  in  so  far  as  subsequent  amendments  to  the
legislation  excluded  the  allocation  of  special  reference
quantities  to  transferees  of  a  premium  granted  pursuant
to  Regulation  (EEC)  No  1078/77  who  had  received

Whereas,  following  the  judgment  of  the  Court  of  Justice
of  19  May  1992  in  joined  cases  C(cid:220)104/89  and  C(cid:220)37/90,

(ˇ)(cid:217)OJ  L  90,  1.4.1984,  p.  13.  Regulation  repealed  by  Regulation

(EEC)  No  3950/92  (OJ  L  405,  31.12.1992,  p.  1).

(˛)(cid:217)OJ  L  131,  26.5.1997,  p.  1.  Regulation  as  last  amended  by
Regulation  (EEC)  No  1300/84  (OJ  L  125,  12.5.1984,  p.  23).

(—)(cid:217)OJ  L  84,  29.3.1989,  p.  2.
((cid:209))(cid:217)OJ  L  150,  15.6.1991,  p.  35.
((cid:210))(cid:217)OJ  L  196,  5.8.1993,  p.  6.

C  273/4

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2.9.98

a  reference  quantity  by  virtue  of  Article  2  and/or  Article
6  of  Regulation  (EEC)  No  857/84;

there  are  a 

significant  number  of  other
Whereas 
producers  whose  circumstances  satisfy  the  conditions  laid
down  in  the  judgment  with  regard  to  the  liability  of  the
Community  and  who  have  either  already 
initiated
proceedings  against  the  Council  and  the  Commission  or
addressed  claims  for  compensation  to  the  Community
institutions;  whereas 
the  producers  concerned  are
essentially  those  who  were  entitled  to  apply  for  a  special
reference  quantity  pursuant 
to  Council  Regulation
(EEC)  No  2055/93(cid:216)(˛);  whereas  it  is  therefore  appro(cid:220)
priate 
the
to  adopt  arrangements  with  a  view 
settlement  of  these  claims;

to 

Whereas,  in  view  of  the  number  of  potentially  eligible
producers  it  would  not  be  possible  to  evaluate  the  claim
of  each  producer  on  an  individual  basis;  whereas  it  is
therefore  necesssary  to  use  a  flat(cid:220)rate  approach;  whereas
it 
the
arrangements  set  out  in  Regulation  (EEC)  No  2187/93;

to  follow  as  far  as  possible 

is  appropriate 

Whereas  a  direct  link  should  be  drawn  between  the
acceptance  of  the  right  to  a  special  reference  quantity
pursuant  to  Regulation  (EEC)  No  2055/93  and  the
existence  of  an  injury  consisting  in  the  restriction  in  milk
production  contrary  to  the  wishes  of  the  producer
concerned;  whereas  in  order  to  ensure  that  a  producer
cannot  benefit  by  obtaining  a  special  reference  quantity
for  the  sole  purpose  of  speculating  on  the  supposed  asset
value  of  the  reference  quantity  allocated,  account  should
be  taken  of  the  subsequent  actions  of  the  producer
during  the  restricted  period  laid  down  in  Regulation
(EEC)  No  2055/93;

Whereas  it  is  necessary  to  determine  in  the  case  of  trans(cid:220)
ferees  of  part  of  a  holding  subject  to  an  undertaking
pursuant  to  Regulation  (EEC)  No  1078/77  the  basis  on
which  the  annual  quantity  should  be  calculated;  whereas
the  annual  quantity  will  generally  be  determined  by
reference  to  the  area  of  land  transferred  as  a  proportion
of  the  total  area  of  the  original  holding;  whereas,
however,  as  a  result  of  the  judgment  of  the  Court  of
Justice  of  16  October  1997  in  case  C(cid:220)165/95,  where  the
original  holding  was  a  mixed  holding,  the  determination
should  be  made,  where  the  necessary  proofs  exist,  in
the  holding  directly  or
proportion 
indirectly  given  over  to  dairy  production  at  the  time
when  the  undertaking  was  entered 
into  pursuant  to
Regulation  (EEC)  No  1078/77;  whereas  the  same  prin(cid:220)
ciples  should  be  applied  in  the  case  where  the  transferee
of  the  whole  of  a  holding  subject  to  such  an  under(cid:220)
taking,  or  the  transferee  of  part  of  such  a  holding,
subsequently  gave  up  a  part  of  the  holding  prior  to  the
allocation  of  a  special  reference  quantity;

the  part  of 

to 

(˛)(cid:217)OJ  L  187,  29.7.1993,  p.  8.

Whereas,  subject  to  the  above,  the  quantity  to  be
compensated  must  be  calculated  in  accordance  with  the
principles  enunciated  in  the  grounds  of  the  judgments  of
the  Court  of  Justice  of  19  May  1992  and  of  the  Court  of
First  Instance  of  9  December  1997;

should  be 

indicated;  whereas 

Whereas  the  period  for  which  compensation  is  to  be
the  damage
offered 
suffered  by  the  producers  concerned  can,  in  accordance
with  the  abovementioned  principles  be  considered  to
have  ended  at  the  date  of  adoption  of  Regulation  (EEC)
No  2055/93,  or,  if  earlier,  the  date  of  allocation  of  a
special  reference  quantity;  whereas  the  provisions  of
Article  43  of  the  Statute  of  the  Court  of  Justice  laying
down  the  five(cid:220)year  time  bar  on  claims  must  be  applied;
whereas 
in  response  to  applications  from  producers
received  after  the  date  of  the  judgment  of  the  Court  of
First  Instance  of  9  December  1997,  the  institutions  have
temporarily  waived  their  right  to  invoke  the  time  bar
provisions;  whereas  therefore  it  is  necessary  to  stipulate
the  circumstances  in  which  the  limitation  period  shall
start  to  run  again;

Whereas  for  administrative  reasons  it  is  necessary  to  fix  a
time  limit  for  the  submission  of  applications  for  compen(cid:220)
sation  by  producers  to  the  competent  authorities  in  order
to  be  admissible,  as  well  as  the  time  limits  for  the  trans(cid:220)
mission  of  offers  and  their  acceptance;  whereas  the
Commission  should  be  empowered  to  extend  the  time
limit  for  the  transmission  of  offers  in  appropriate  circum(cid:220)
stances;

in  accordance  with 

Whereas,  for  the  purposes  of  the  implementation  of  this
Regulation,  the  Member  States  shall  carry  out  the
necessary  administrative  tasks 
its
provisions,  by  virtue  of  a  specific  mandate  limited  to  the
execution  of  those  tasks;  whereas,  given  that  a  condition
of  acceptance  of  an  offer  must  be  the  relinquishment  of
all  claims  against  the  Community  arising  out  of  the
failure  to  allocate  reference  quantities,  the  offer  of
compensation  to  the  producers  should  be  made  by  the
competent  authority  of  the  Member  State  in  the  name
and  on  behalf  of  the  Council  and  the  Commission;

Whereas  Regulation  (EEC)  No  2187/93  sets  out  the
amounts  of  compensation  in  ecu  per  100  kg  of  milk  for
each  of  the  years  1984/1985  to  1990/1991  differentiated
according  to  farm  size  in  terms  of  milk  production;
whereas  these  amounts  represent  the  global  estimate  per
year  and  farm  size  of  the  difference  between  the  income
which  the  producers  concerned  would  have  received
from  marketing  milk  had  they  not  been  restricted  from
doing  so  and  the  income  which  they  obtained,  or  could
have  obtained,  by  showing  reasonable  diligence  during
the  same  period;  whereas,  in  the  light  of  the  experience
of  the  application  of  that  Regulation,  it  can  be  concluded
that  the  objectivity  of  the  method  used  for  the  calcu(cid:220)
lation  of  the  amounts  has  been  demonstrated  and  that

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they  constitute  an  acceptable  assessment  of  the  losses
sustained  by  the  producers;

the 

the  purposes  of 
for  producers  under 

Whereas  it  is  therefore  appropriate  to  retain  the  same
compensation
amounts 
for 
arrangements 
this  Regulation;
whereas,  however,  the  differentiation  according  to  farm
size  is  not  relevant  to  producers  who  are  transferees  of  a
non(cid:220)marketing  premium  or  of  part  of  a  holding  subject
to  a  non(cid:220)marketing  undertaking;  whereas 
it  can  be
accepted  that  in  general  such  producers  were  operating
the  milk  production  was
on  holdings  on  which 
expanding  and  with  reference  quantities  which  were
above  the  average;  whereas  it  is  therefore  appropriate  to
use  the  figures  relating  to  the  largest  farm  size;  whereas
it 
the  years
1991/1992  to  1993/1994;  whereas  these  amounts  can  be
calculated  on  the  basis  of  the  amounts  for  the  preceding
years  with  adjustments  to  take  account  of  fluctuations  in
the  milk  price  in  the  Member  States  on  whose  territory
the  majority  of  the  producers  concerned  have  their
holdings;

to  fix  amounts  also  for 

is  necessary 

Whereas  failure  by  the  producer  to  accept  the  offer
made  by  the  competent  authority  of  the  Member  State  in
accordance  with  the  provisions  of  this  Regulation  would
constitute  a  refusal  of  the  Community  offer;  whereas  any
legal  proceedings  continued  or  initiated  thereafter  by  the
producer  would  fall  within  the  Community’s  jurisdiction;

Whereas  the  experience  of  the  implementation  of  Regu(cid:220)
lation  (EEC)  No  2187/93  has  shown  the  advisability  of
providing  for  a  power  to  authorise  the  transmission  of
compensation  offers  to  producers  who  fail  to  comply
with  certain  conditions  set  out  in  the  arrangements  fixed
in  the  Regulation,  but  whose  circumstances  nevertheless
satisfy  the  conditions  laid  down  in  the  judgments  of  the
Court  of  Justice  or  Court  of  First  Instance  with  regard
to  the  liability  of  the  Community,

HAS  ADOPTED  THIS  REGULATION:

Article  1

Compensation  on  the  terms  set  out  in  this  Regulation
shall  be  granted  to  those  producers  who  were  transferees
of  the  whole  or  part  of  a  holding  subject  to  an  under(cid:220)
taking  given  pursuant  to  Regulation  (EEC)  No  1078/77
(SLOM  holding)  and  who  have  suffered  loss  as  a  result
of  a  restriction  in  levels  of  deliveries  or  sales  of  milk  or
milk  products  by  virtue  of  that  undertaking  during  the
reference  year  selected  by  the  Member  State  concerned
under  the  additional  levy  scheme  in  the  milk  and  milk
product  sector.

Article  2

An  application  for  compensation  shall  be  deemed  eligible
if  it  is  submitted  by  a  producer  who  has  been  allocated  a
special  reference  quantity  pursuant  to  Article  1(1)  of
Regulation  (EEC)  No  2055/93,  or  who,  pursuant  to
Article  1(2)  of  that  Regulation,  has  been  allocated  a
share  of  a  special  reference  quantity  previously  allocated
by  virtue  of  Article  3a  of  Regulation  (EEC)  No  857/84,
or  an  equivalent  quantity  emanating  from  the  national
reserve  referred  to  in  Article  5  of  Regulation  (EEC)  No
3950/92  where  a  Member  State  has  decided  pursuant  to
Article  1(2)(3)  to  fulfil  the  rights  of  the  transferee  in  that
way.

Article  3

The  application  shall  be  submitted  by  the  person  to
whom  the  special  reference  quantity  referred  to 
in
Article  2  has  been  allocated,  or  by  his  or  her  heir  or
heirs,  without  prejudice 
the
to 
provisions  of  Member  States’  national  law.

the  application  of 

Article  4

By  way  of  derogation  from  Article  2,  an  application  shall
not  be  accepted  if  the  producer  who  received  the  special
reference  quantity  pursuant  to  Regulation  (EEC)  No
2055/93  participated  before  1  October  1996 
in  any
measure 
the  definitive  abandonment  of
reference  quantities  or  sold  or  leased  the  whole  of  his
holding  before  that  date.

regarding 

Article  5

1.(cid:218)(cid:217)The  competent  authority  referred  to  in  Article  9
shall  determine  the  annual  quantity  in  respect  of  which
compensation  is  due  on  the  basis  of  the  quantity  used  to
calculate  the  premium  granted  pursuant  to  Regulation
(EEC)  No  1078/77,  increased  by  1(cid:216)%  and  reduced  by  a
percentage  representing  the  reductions  applied  in  each
Member  State  to  the  reference  quantities  of  producers
established  in  accordance  with  Articles  2  and  6  of  Regu(cid:220)
lation  (EEC)  No  857/84.

2.(cid:218)(cid:217)For  producers  who  were  transferees  of  the  whole  of
a  SLOM  holding  the  annual  quantity  shall  be  that
in  accordance  with  paragraph  1  reduced,
calculated 
where  appropriate,  in  accordance  with  paragraph  4.

shall  be 

3.(cid:218)(cid:217)For  producers  who  were  transferees  of  a  part  of  a
SLOM  holding 
that
the  annual  quantity 
calculated  in  accordance  with  paragraph  1  reduced  in
proportion  to  the  area  of  the  original  SLOM  holding
which  was  not  transferred.  Where  the  original  SLOM
holding  was  a  mixed  holding,  the  reduction  shall  be
calculated  on  the  basis  of  the  areas  of  the  original
SLOM  holding  which  were  used  directly  or  indirectly
for  milk  production  provided  that  such  use  can  be  estab(cid:220)

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lished  to  the  satisfaction  of  the  competent  authority.  The
resulting  quantity  shall  be  further  reduced,  where  appro(cid:220)
priate,  in  accordance  with  paragraph  4.

(c) the  closing  date  of  the  compensation  period  shall  be
1  August  1993  or  the  date  when  the  producer
received  a  special  reference  quantity  if  earlier.

4.(cid:218)(cid:217)If  the  producer  has  given  up  a  part  of  the  SLOM
holding,  or  the  part  of  the  SLOM  holding  transferred  to
him,  prior  to  the  allocation  of  a  special  reference
quantity  pursuant  to  Regulation  (EEC)  No  2055/93,  the
annual  quantity  in  respect  of  which  compensation  is  due
as  referred  to  in  paragraphs  2  and  3  respectively  shall  be
reduced  in  proportion  to  the  area  given  up.  Where  the
original  SLOM  holding  was  a  mixed  holding, 
the
reduction  shall  be  calculated  taking  account  only  of  the
areas  which  were  used  directly  or  indirectly  for  milk
production  provided  that  such  use  can  be  established  to
the  satisfaction  of  the  competent  authority.

Article  6

If  part  of  the  holding  of  the  producer  was  sold  or  leased
before  1  October  1996,  the  annual  quantity  in  respect  of
which  compensation  is  due,  determined  in  accordance
with  Article  5,  shall  be  reduced  by  the  amount  of  the
special  reference  quantity  returned 
the  national
reserve.

to 

Article  7

1.(cid:218)(cid:217)Compensation  shall  only  be  offered  for  the  period
for  which  the  right  to  compensation  is  not  time(cid:220)barred.

Article  8

If  during  the  compensation  period,  and  prior  to  the  allo(cid:220)
cation  of  the  special  reference  quantity,  production  was
increased  by  the  producer  in  excess  of  the  reference
quantity  available  to  him,  the  quantity  in  respect  of
which  compensation  is  due  shall  be  reduced  for  the
period  concerned  by  the  quantities  delivered  or  sold
that  reference  quantity.  The
directly  which  exceed 
quantities  delivered  or  sold  directly,  and  the  reference
quantity  available,  for  a  part  of  a  12(cid:220)month  period,  shall
be  determined  as  a  proportion  of  the  total  deliveries  or
direct  sales,  and  the  reference  quantity  available,  for  the
whole  of  the  12(cid:220)month  period.  The  reference  quantities
referred  to  in  the  second  subparagraph  of  Article  2  of
Regulation  (EEC)  No  2055/93  are  not  taken 
into
account  for  the  purposes  of  determining  the  reference
quantity  available.

Article  9

Each  application  for  compensation  must  be  addressed  to
the  competent  authority  designated  for  that  purpose  in
each  Member  State  concerned  using  a  form  drawn  up  in
accordance  with  the  procedure  laid  down  in  Article  30  of
Council  Regulation  (EEC)  No  804/68(cid:216)(˛).  It  must  be
received  by  the  competent  authority  by  30  November
1998  at  the  latest  in  order  to  be  admissible.

2.(cid:218)(cid:217)For  the  purpose  of  determining  the  period  for
which  compensation  shall  be  offered:

Article  10

(a)(cid:217)the  date  of  interruption  of  the  five(cid:220)year  time  bar  laid
down  by  Article  43  of  the  Statute  of  the  Court  of
Justice  shall  be  the  earliest  of  the  following  events:

-(cid:217)in  the  case  of  an  action  brought  before  the  Court
of  Justice  or  the  Court  of  First  Instance,  the  date
on  which  the  application  is  entered  in  its  register,

The  competent  authority  referred  to  in  Article  9  shall
check  the  accuracy  of  the  information  provided  by  the
producer  and  shall  calculate  the  amount  of  the  compen(cid:220)
sation  on  the  basis  of  the  quantity  and  the  period  in
respect  of  which  compensation  is  due,  using  the  amounts
specified  in  the  Annex.

Article  11

application  by 

the  Council  or 

-(cid:217)in  the  case  of  an  application  addressed  to  a
Community  institution,  the  date  of  reception  of
such 
the
Commission  (whichever  was  the  earlier)  provided
either  that  the  applicant  subsequently  brought  an
action  before  the  Court  of  First  Instance  within
the  two(cid:220)month  delay  stipulated  in  Article  43  of
the  Statute  of  the  Court  of  Justice,  or  that  the
Community  institution  accepted  in  writing  that
such  application  interrupted  the  time  bar;

Interest  shall  be  added  to  the  amount  of  the  compen(cid:220)
sation  at  the  rate  of  6(cid:216)%  per  year  from  9  December  1997
to  the  date  of  payment  of  the  compensation.  However,
in  the  event  that  payment  of  compensation  is  delayed
to  provide
because  of  a 
information  or  documents  relating  to  the  application  for
compensation  requested  by  the  competent  authority,  or
the  proof  of  the  withdrawal  of  the  proceedings  referred
to  in  Article  13(3)  second  subparagraph,  interest  shall
not  be  paid  for  the  period  of  the  delay.

the  producer 

failure  by 

(b) the  starting  date  of  the  compensation  period  shall  be
five  years  before  the  date  of  interruption  of  the  time
bar,  but  not  before  2  April  1984  nor  before  the  date
on  which  the  non(cid:220)marketing  or  conversion  under(cid:220)
taking  expired;

(˛)(cid:217)Council  Regulation  (EEC)  No  804/68  of  27  June  1968  on
the  common  organisation  of  the  market  in  milk  and  milk
products  (OJ  L  148,  28.6.1968,  p.  13).  Regulation  as  last
amended  by  Regulation  (EC)  No  1587/96  (OJ  L  206,
16.8.1996).

2.9.98

EN

Official  Journal  of  the  European  Communities

C  273/7

Article  12

The  total  amount  of  compensation  shall  be  converted
into  national  currency  using  the  agricultural  conversion
rate  applicable  on  the  date  on  which  this  Regulation
enters  into  force.

Article  13

1.(cid:218)(cid:217)Within  four  months  of  receipt  of  an  application  for
compensation,  the  competent  authority  referred  to  in
Article  9  shall 
transmit  an  offer  of  compensation
calculated  in  accordance  with  this  Regulation  to  the
applicant,  accompanied  by  a  receipt  in  full  and  final
settlement.  This  period  may  be  extended  by 
the
Commission  in  accordance  with  the  procedure  referred
to  in  Article  16  at  the  duly  justified  request  of  a  Member
State.  The  offer  shall  be  made  in  the  name  and  on  behalf
of  the  Council  and  the  Commission.

the 

2.(cid:218)(cid:217)Where  the  applicant  is  the  transferee  of  part  of  a
SLOM  holding  and 
special  reference  quantity
allocated  pursuant  to  Article  1(1)  or  (2)  of  Regulation
(EEC)  No  2055/93  is  subject  to  reassessment  by  the
national  authorities,  the  time  limit  in  paragraph  1  shall
be  two  months  from  the  date  of  the  final  decision  of  the
national  authorities  on  the  reassessment  of  the  special
reference  quantity.

3.(cid:218)(cid:217)The  offer  shall  be  accepted  by  the  return  to  the
competent  authority  of  the  duly  signed  receipt.  It  must
be  received  by  the  competent  authority  not  later  than
three  months  following  the  date  of  transmission  of  the
offer  in  order  to  be  binding.

The  compensation  shall  be  paid  on  acceptance  of  the
offer.  However,  in  the  case  of  producers  who  have
instituted  proceedings  against 
insti(cid:220)
tutions,  proof  of  the  withdrawal  of  the  proceedings  must
also  be  presented  to  the  competent  authority  before
payment  of  the  compensation.

the  Community 

Failure  to  accept  the  offer  within  the  time  limit  laid
down  shall  mean  that  it  shall  cease  to  be  binding  on  the
Council  and  Commission.

Acceptance  of  the  offer  shall  imply  the  relinquishment  of
any  claim  of  whatever  nature  against  the  Community  in
respect  of  any  loss  within  the  meaning  of  Article  1,
including  interest  and  costs.

Article  14

limitation  period  pursuant  to  Article  43  of  the
The 
Statute  of  the  Court  of  Justice  shall  start  to  run  again
from  1  December  1998  for  all  producers  referred  to  in
Article  1  who  have  not  presented  an  application  for
compensation  in  accordance  with  Article  9  unless  it  was

interrupted  by  the  institution  of  proceedings  which  are
still  pending.

For  producers  who  have  received  an  offer  of  compen(cid:220)
sation  by  virtue  of  Article  13(1)  or  (2),  the  limitation
period  shall  start  to  run  again  on  the  day  following  the
expiry  of  the  period  for  acceptance  of  the  offer  set  out  in
Article  13(3)  unless  it  was  interrupted  by  the  institution
of  proceedings  which  are  still  pending.

Article  15

to 

for 

the 

such  as 

establishing 

satisfy 
liability  of 

The  Commission  may  decide  in  accordance  with  the
procedure  referred  to  in  Article  16  to  authorise  the
transmission  of  offers  of  compensation  to  producers
the
whose  circumstances  are 
requirements 
the
Community,  but  who  have  not  obtained  compensation
pursuant  to  Regulation  (EEC)  No  2187/93  or  under  the
preceding  provisions  of  this  Regulation.  The  amount  of
compensation  offered  shall  be  calculated  in  accordance
with  the  provisions  of  Regulation  (EEC)  No  2187/93  or
of  the  present  Regulation  as  appropriate.  The  rate  of
interest  to  be  added  and  the  period  for  which  it  is  to  be
calculated  may  be  adapted  to  take  account  of  specific
circumstances.  The  necessary  time  limits  relating  to  the
offers  of  compensation  and  their  acceptance  shall  also  be
fixed.

Article  16

Detailed  rules  for  the  application  of  this  Regulation,  and
in  particular  the  provisions  regarding  payment  of  the
costs  of  producers’  agents,  shall  be  adopted  by  the
Commission  in  accordance  with  the  procedure  laid  down
in  Article  30  of  Regulation  (EEC)  No  804/68.

Article  17

The  financing  of  the  payments  made  pursuant  to  this
Regulation  shall  be  deemed  to  be  intervention  within  the
meaning  of  Article  3  of  Council  Regulation  (EEC)  No
729/70(cid:216)(˛).

Article  18

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

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

in 

its  entirety  and

(˛)(cid:217)Council  Regulation  (EEC)  No  729/70  of  21  April  1970  on
the  financing  of  the  common  agricultural  policy  (OJ  L  94,
28.4.1970,  p.  13).  Regulation  as  last  amended  by  Regulation
(EC)  No  1287/95  (OJ  L  125,  8.6.1995,  p.  1).

C  273/8

EN

Official  Journal  of  the  European  Communities

2.9.98

ANNEX

Compensation  to  be  offered  pursuant  to  Article  10

(in  ecu  per  100  kg  of  milk)

Year

1984/1985

1985/1986

1986/1987

1987/1988

1988/1989

1989/1990

1990/1991

1991/1992

1992/1993

1993/1994

Amount

9,2

10,5

9,7

10,0

12,3

12,9

11,7

11,8

12,4

12,4

Proposal  for  a  Council  Directive  amending  Council  Directive  94/4/EC  of  14  February  1994
and  extending  the  temporary  derogation  applicable  to  Germany  and  Austria

(98/C  273/04)

COM(1998)  473  final  -  98/0250(CNS)

(Submitted  by  the  Commission  on  24  July  1998)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  99  thereof,

Having  regard  to  the  Commission  proposal,

Having 
Parliament,

regard 

to 

the  opinion  of 

the  European

Having  regard  to  the  opinion  of  the  Economic  and
Social  Committee,

77/388/EEC(cid:216)(˛),  as  amended  by  Article  1  of  Council
Directive  94/75/EC  of  22  December  1994(cid:216)(ˇ),  provided
the  application  until  31  December  1977  of  a
for 
temporary  derogation 
and  Austria
concerning  the  application  of  an  allowance  of  ECU  75
to  goods  imported  by  travellers  entering  German  or
Austrian  territory  by  a  land  frontier  linking  the  two
Member  States  to  countries  other  than  Member  States
and  EFTA  members  or,  where  appropriate,  by  means  of
coastal  navigation  from  those  countries;

to  Germany 

Whereas  Article  3(2)  of  Council  Directive  94/4/EC  of
14  February  1994  amending  Directives  69/169/EEC  and

(˛)(cid:217)OJ  L  60,  14.2.1994,  p.  14.
(ˇ)(cid:217)OJ  L  365,  31.12.1994,  p.  52.