QUANTITIES MAY BE ALLOCATED BY THE MEMBER STATES . THOSE PROVISIONS DO NOT COVER THE SITUATION OF A PRODUCER WHO DELIVERED NO MILK DURING THE REFERENCE YEAR BECAUSE OF A NON-MARKETING UNDERTAKING ENTERED INTO UNDER REGULATION NO 1078/77; CONSEQUENTLY, SUCH A PRODUCER MAY CLAIM A REFERENCE QUANTITY ONLY IF HE FALLS WITHIN ONE OR MORE OF THE SITUATIONS SPECIFICALLY ENVISAGED FOR THAT PURPOSE .
IT APPEARS THAT THE SITUATIONS PROVIDED FOR DO NOT COVER ALL THE CIRCUMSTANCES IN WHICH PRODUCERS WHO HAVE ENTERED INTO NON-MARKETING UNDERTAKINGS MAY FIND THEMSELVES . THAT IS TRUE IN PARTICULAR OF PRODUCERS WHOSE NON-MARKETING PERIOD EXPIRES AFTER THE REFERENCE YEAR AND WHO HAVE NOT ADOPTED AN INVESTMENT PLAN OR MADE INVESTMENTS UNDER THE CONDITIONS LAID DOWN IN ARTICLE 3 OF REGULATION NO 857/84 .
IT SHOULD BE ADDED THAT THE MEMBER STATES MAY TAKE ACCOUNT OF THE SPECIAL SITUATIONS ENVISAGED IN ARTICLES 3 AND 4 OF REGULATION NO 857/84 ONLY WITHIN THE LIMITS OF THE QUANTITIES AVAILABLE FOR THAT PURPOSE . THIS IS EXPRESSLY LAID DOWN IN ARTICLE 5 OF THE REGULATION, PURSUANT TO WHICH ADDITIONAL REFERENCE QUANTITIES MAY BE GRANTED ONLY WITHIN THE GUARANTEED QUANTITY LIMIT FOR THE MEMBER STATE CONCERNED, THE ADDITIONAL QUANTITIES IN QUESTION BEING DRAWN FROM A RESERVE CONSTITUTED BY THE MEMBER STATE WITHIN ITS GUARANTEED QUANTITY .
AS REGARDS ARTICLE 4A OF REGULATION NO 857/84, IT MUST BE OBSERVED THAT IT ACCORDS THE MEMBER STATES A WIDE MARGIN OF DISCRETION REGARDING ALLOCATION OF THE NON-UTILIZED REFERENCE QUANTITIES OF PRODUCERS OR PURCHASERS . THE MEMBER STATES MAY, ON THE BASIS OF THAT PROVISION, ALSO TAKE INTO ACCOUNT THE SPECIAL SITUATION OF PRODUCERS WHO ENTERED INTO AN UNDERTAKING NOT TO MARKET MILK FOR A PERIOD OF FIVE YEARS . HOWEVER, THAT POWER IS LIMITED BY THE RULE LAID DOWN IN THE SECOND SUBPARAGRAPH OF ARTICLE 4A ( 1 ), PURSUANT TO WHICH SUCH QUANTITIES MUST BE ALLOCATED IN ORDER OF PRIORITY WITHIN THE SAME REGION . MOREOVER, THE APPLICATION OF THAT PROVISION IS LIMITED IN TIME, EVEN IF THE INITIAL PERIOD OF 12 MONTHS WAS SUBSEQUENTLY EXTENDED . FINALLY, THE APPLICATION OF THAT PROVISION DEPENDS UPON THE EXTENT TO WHICH REFERENCE QUANTITIES ARE NOT USED BY PRODUCERS OR PURCHASERS AND ARE THEREFORE AVAILABLE FOR RE-ALLOCATION .
IT FOLLOWS THAT THE LEGISLATION IN QUESTION DOES NOT IN ALL CASES ENSURE THAT A PRODUCER IN CIRCUMSTANCES SUCH AS THOSE WITH WHICH THE MAIN PROCEEDINGS ARE CONCERNED CAN OBTAIN A REFERENCE QUANTITY UNDER THE ADDITIONAL LEVY SYSTEM .
IT MUST THEREFORE BE STATED IN REPLY TO THE FIRST QUESTION THAT COUNCIL REGULATION ( EEC ) NO 857/84 OF 31 MARCH 1984, AS SUPPLEMENTED BY COMMISSION REGULATION ( EEC ) NO 1371/84 OF 16 MAY 1984, MUST BE INTERPRETED AS MEANING THAT FOR THE PURPOSE OF FIXING THE REFERENCE QUANTITIES REFERRED TO IN ARTICLE 2 OF THAT REGULATION THE MEMBER STATES MAY TAKE INTO ACCOUNT THE CIRCUMSTANCES OF PRODUCERS WHO, PURSUANT TO AN UNDERTAKING ENTERED INTO UNDER COUNCIL REGULATION ( EEC ) NO 1078/77 OF 17