Council Regulation (EC) No 55/2004 of 17 December 2003 amending Regulation (EC) No 1453/2001 introducing specific measures for certain agricultural products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima) with respect to the application of the supplementary levy in the milk and milk products sector in the Azores
Date: 2003-12-17
Institutions: Council of the European Union
Subjects: Azores, Madeira, agricultural levy, aid system, milk, milk product

14.1.2004

EN

Official Journal of the European Union

L 8/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 55/2004

of 17 December 2003

amending Regulation (EC) No 1453/2001 introducing specific measures for certain agricultural
products for the Azores and Madeira and repealing Regulation (EEC) No 1600/92 (Poseima) with
respect to the application of the supplementary levy in the milk and milk products sector in the
Azores

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 299(2) thereof,

Having regard to the proposal from the Commission,

Article 1

Having regard to the opinion of the European Parliament (1),

Article 23 of Council Regulation (EC) No 1453/2001 shall be
replaced by the following:

Whereas:

(1)

(2)

(3)

Article 23 of Council Regulation (EC) No 1453/2001 (2)
introduced for a period of four marketing years begin-
ning in 1999/2000 a derogation from certain provisions
of Regulation (EEC) No 3950/92 of 28 December 1992
establishing an additional
levy in the milk and milk
products sector (3) as regards the Azores. Regulation (EC)
No 1782/2003 of 29 September 2003 establishing
common rules for direct support schemes under the
common agricultural policy and establishing certain
support schemes for farmers (4) has amended Article 23
of Regulation (EC) No 1453/2001 in order to extend the
aforementioned period to six marketing years and has
fixed the amounts of that extension.

However, restructuring of the milk sector in the Azores
has not yet been achieved. In order to take account of
the high level of dependence on milk production in the
Azores, combined with other handicaps linked to their
outermost location and the absence of viable alternative
production, the relevant period should be extended and
the amounts of this further extension fixed.

This measure is restricted to milk producers in the
Azores. Over the period of its application, this measure
should enable the sector in the Azores to continue being
restructured without interfering with the milk market
and without appreciably affecting the sound working of
the levy scheme at the Portuguese or Community level.

(1) Opinion delivered on 16 December 2003 (not yet published in the

Official Journal).

(2) OJ L 198, 21.7.2001, p. 26. Regulation as last amended by Regu-

lation (EC) No 1782/2003 (OJ L 270, 21.10.2003, p. 1).

(3) OJ L 405, 31.12.1992, p. 1. Regulation repealed by Regulation (EC)

No 1788/2003 (OJ L 270, 21.10.2003, p. 123).

(4) OJ L 270, 21.10.2003, p. 1.

‘Article 23

As from marketing year 1999/2000, for the purposes
1.
of sharing the additional
levy between the producers
referred to in the second sentence of Article 2(1) of Regu-
lation (EEC) No 3950/92, only producers as defined in
Article 9(c) of that Regulation, established and producing
in the Azores, who market quantities exceeding their refer-
ence quantity increased by the percentage referred to in the
third subparagraph shall be deemed to have contributed to
the overrun.

The additional levy shall be due on quantities exceeding the
increased reference quantity after reallocation of the unused
quantities within the margin resulting from this increase
among the producers referred to in the first paragraph and
in proportion to the reference quantity available to each
producer.

The percentage referred to in the first paragraph shall be
equal to the ratio between the quantities respectively of
73 000 tonnes for the period 1999/2000 to 2004/2005
and 23 000 tonnes as from marketing year 2005/2006 and
the reference quantities available on each
the total of
holding on 31 March 2000.
It shall apply for each
producer only to the reference quantities available to that
producer on 31 March 2000.

2.
The quantities of milk or milk equivalent marketed
which exceed the reference quantities but which comply
with the percentage referred to in paragraph 1 of this
Article, after the reallocation referred to in that same para-
graph, shall not be taken into account in establishing any
overrun in Portugal as calculated in accordance with the
first sentence of Article 2(1) of Regulation (EEC) No 3950/
92.’

L 8/2

EN

Official Journal of the European Union

14.1.2004

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

This Regulation shall apply as from 1 April 2003.

Article 2

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

Done at Brussels, 17 December 2003.

For the Council

The President

G. ALEMANNO