COMPENSATED FOR BY A CORRESPONDING DECREASE IN THE DELIVERIES OF OTHER PRODUCERS AFFILIATED TO THE SAME CREAMERY, SO THAT THE TOTAL QUANTITY PURCHASED BY THE CREAMERY REMAINS WITHIN THE LIMITS OF ITS REFERENCE QUANTITY . IN THE CONTEXT OF THAT FORMULA, THE CHARGING OF THE LEVY IS THEREFORE LINKED TO THE CREAMERY' S REFERENCE QUANTITY, THE EXCEEDING OF WHICH IS THE EVENT GIVING RISE TO LIABILITY TO THAT CHARGE, WHEREAS THE INDIVIDUAL QUANTITIES OF PRODUCERS ARE TAKEN INTO ACCOUNT SOLELY FOR THE PURPOSES OF PASSING ON TO THOSE PRODUCERS THE BURDEN OF THE LEVY PAID .
THAT INTERPRETATION IS CORROBORATED BY THE SIMILARITY OF THE ABOVEMENTIONED PROVISIONS WITH THE RULES CONCERNING THE APPLICATION OF FORMULA A, WHICH ARE ALSO CONTAINED IN ARTICLE 5C ( 1 ) OF REGULATION NO 804/68 AS AMENDED . THOSE RULES PROVIDE IN ESSENCE THAT, IN THE CONTEXT OF FORMULA A, THE LEVY IS PAYABLE BY THE MILK PRODUCER ON THE QUANTITIES OF MILK OR MILK EQUIVALENT WHICH HE HAS DELIVERED TO A PURCHASER AND WHICH FOR THE 12 MONTHS CONCERNED EXCEED A REFERENCE QUANTITY ATTRIBUTED TO HIM . ON THE OTHER HAND, IN THE CONTEXT OF FORMULA B, PRODUCERS MAY TAKE ADVANTAGE WITHIN THE 12 MONTHS CONCERNED OF INDIVIDUAL REFERENCE QUANTITIES NOT USED BY OTHER PRODUCERS AFFILIATED TO THE SAME CREAMERY SUBJECT TO THE THOSE QUANTITIES BEING TRANSFERRED TO THE NATIONAL RESERVE OF THE MEMBER STATE CONCERNED IN THE CASES PROVIDED FOR UNDER THE RULES .
FOR THOSE REASONS, THE REPLY TO THE FIRST QUESTION SHOULD BE THAT ARTICLE 5C ( 1 ) OF REGULATION NO 804/68 OF THE COUNCIL OF 27 JUNE 1968, AS AMENDED BY COUNCIL REGULATION NO 856/84 OF 31 MARCH 1984, MUST BE INTERPRETED AS MEANING THAT, IN THE CONTEXT OF FORMULA B, THE ADDITIONAL LEVY IS PAYABLE ONLY IN SO FAR AS THE PURCHASER' S REFERENCE QUANTITY HAS BEEN EXCEEDED .
SECOND QUESTION
THE SECOND QUESTION SEEKS ESSENTIALLY TO DETERMINE THE SCOPE OF THE OPTION MADE AVAILABLE TO PRODUCERS BY ARTICLE 3 ( 3 ) OF COUNCIL REGULATION NO 857/84 OF 31 MARCH 1984 ADOPTING GENERAL RULES FOR THE APPLICATION OF THE LEVY REFERRED TO IN ARTICLE 5C OF REGULATION ( EEC ) NO 804/68 IN THE MILK AND MILK PRODUCTS SECTOR ( OFFICIAL JOURNAL 1984 L 90, P . 13 ) IN REGARD TO A SITUATION OF FACT IN WHICH PRODUCERS AFFILIATED TO THE SAME CREAMERY ARE ALLOCATED ADDITIONAL INDIVIDUAL QUANTITIES BY REASON OF NATURAL DISASTERS, CALCULATED AT DIFFERENT RATES .
THE FIRST SUBPARAGRAPH OF THAT PROVISION, WHICH IS APPLICABLE IN THE CONTEXT BOTH OF FORMULA A AND OF FORMULA B, PROVIDES THAT "PRODUCERS WHOSE MILK PRODUCTION DURING THE REFERENCE YEAR REFERRED TO UNDER ARTICLE 2 HAS BEEN AFFECTED BY EXCEPTIONAL EVENTS OCCURRING BEFORE OR DURING THAT YEAR SHALL OBTAIN, ON REQUEST, REFERENCE TO ANOTHER CALENDAR REFERENCE YEAR WITHIN THE 1981 TO 1983 PERIOD ". THE SECOND SUBPARAGRAPH OF THE SAME PARAGRAPH CONTAINS A LIST OF THE SITUATIONS WHICH MIGHT JUSTIFY REFERENCE TO ANOTHER REFERENCE YEAR . THAT LIST