Council Regulation (EC) No 1406/2006 of 18 September 2006 amending Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector
Date: 2006-09-18
Institutions: Council of the European Union
Subjects: agricultural levy, agricultural quota, milk, milk product, regulation of agricultural production

L 265/8

EN

Official Journal of the European Union

26.9.2006

COUNCIL REGULATION (EC) No 1406/2006

of 18 September 2006

amending Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 37 thereof,

establishing the European

reference quantities for deliveries and direct sales were
initially set out in Table (f) of Annex I to Regulation
(EC) No 1788/2003. Subsequently and in the light of
the conversions requested by producers, those quantities
were adapted for each Member State by the Commission
in accordance with Article 8 of that Regulation.

Having regard to the proposal from the Commission,

(5)

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

Whereas:

According to Article 34(1)(b) of Council Regulation (EC)
No 1290/2005 of 21 June 2005 on the financing of the
common agricultural policy (2), sums which are collected
or
recovered under Council Regulation (EC) No
1788/2003 (3) shall be regarded as assigned revenue
within the meaning of Article 18 of Council Regulation
(EC, Euratom) No 1605/2002 of 25 June 2002 on the
Financial Regulation applicable to the general budget of
the European Communities (4).

In order to improve budgetary forecasting and make
budgetary management more flexible,
it is appropriate
to make the levy introduced by Regulation (EC) No
1788/2003 available at
the budget year.
Provision should be therefore made for the levy due to
be paid in the period running from 16 October to 30
November of each year.

the start of

it appears that

the new Member States. However,

The national reference quantities for direct sales were
fixed on the basis of the situation before the accession
of
following the
restructuring process in the dairy sectors in the new
Member States and stricter hygiene provisions for direct
individual producers to a large
sales,
individual
extent have
reference quantities for direct sales. Consequently,
the
reference quantities allocated to the
total
producers for direct sales are substantially below the
national reference quantities and important unused quan-
tities therefore remain in the national reserves for direct
sales.

chosen not

to apply

individual

for

(6)

In order to solve this problem and to make possible the
use of the direct sales quantities that may remain unused
in the national reserve, it is appropriate to allow in the
2005/2006 period for a single transfer of the reference
quantities for direct sales to the reference quantities for
deliveries if requested by a new Member State.

(7)

Regulation (EC) No 1788/2003 should therefore be
amended accordingly,

HAS ADOPTED THIS REGULATION:

In order to make the levy which is payable by Member
the 2005/2006 period, available
States in respect of
at the start of the next budget year,
it is appropriate
to provide that the provision concerned applies from
1 September 2006.

Article 1

Regulation (EC) No 1788/2003 is amended as follows:

the Czech Republic,

Latvia,
For
Lithuania, Hungary, Poland, Slovenia and Slovakia (here-
the
inafter

referred to as the ‘new Member States’)

Estonia, Cyprus,

(1) Opinion delivered on 5 September 2006 (not yet published in the

Official Journal).

(2) OJ L 209, 11.8.2005, p. 1. Regulation as amended by Regulation

(EC) No 320/2006 (OJ L 58, 28.2.2006, p. 42).

(3) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by the

Act of Accession of 2005.
(4) OJ L 248, 16.9.2002, p. 1.

1. In Article 3, paragraph 1 is replaced by the following:

‘1. Member States shall be liable to the Community for
the levy resulting from overruns of the national reference
quantity fixed in Annex I, determined nationally and sepa-
rately for deliveries and direct sales, and between 16 October
and 30 November
following the twelve-month period
concerned, shall pay it, within the limit of 99 % of the
amount due, into the European Agricultural Guidance and
Guarantee Fund (EAGGF).’;

(1)

(2)

(3)

(4)

26.9.2006

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Official Journal of the European Union

L 265/9

2. In Article 8(1), the following subparagraph is added:

‘For the 2005/2006 period, in accordance with the same procedure, and for the Czech Republic, Estonia,
Cyprus, Latvia, Lithuania, Hungary, Poland, Slovenia and Slovakia, the Commission may also adapt the
division between “deliveries” and “direct sales” of the national reference quantities after the end of that
period at the request of the Member State concerned. This request shall be submitted to the Commission
before 10 October 2006. The Commission shall subsequently adapt the division as soon as possible.’.

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

Article 2

Article 1(1) shall apply from 1 September 2006.

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

Done at Brussels, 18 September 2006.

For the Council
The President

J. KORKEAOJA