CELEX: 51985PC0013(01)
Language: en
Date: 1985-01-23
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) AMENDING REGULATION (EEC) NO 857/84 LAYING DOWN 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

9.2.85                                    Official Journal of the European Communities                             No C 37/7
                                                                 II
                                                         (Preparatory Acts)
                                                   COMMISSION
                 Proposal for a Council Regulation amending Regulation (EEC) No 857/84 laying down
                 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
                                                         COM(85) 13 final
                                (Submitted by the Commission to the Council on 23 January 1985)
                                                           (85/C 37/11)
THE COUNCIL OF THE EUROPEAN                                          Whereas Article 2 (2) of Regulation (EEC) N o
COMMUNITIES,                                                          857/84 authorizes the Member States, for the
                                                                     purposes of determining the reference quantities of
                                                                     producers or purchasers throughout their territory
Having regard to the Treaty                 establishing    the      under formulas A and B, to take account of their
European Economic Community.                                         production or collection circumstances by considering
                                                                     the production of a calendar year other than 1981
Having regard to Council Regulation (EEC) No                         weighted by a percentage;
804/68 of 27 June 1968 on the common organization
of the market in milk and milk products ('), as last
amended by Regulation (EEC) No 1557/84 (2), and                      Whereas the same provisions concerning the determi-
in particular Article 5c (6) thereof,                                nation of reference quantities should be made
                                                                     applicable in the case of producers of milk and milk
                                                                     products who sell directly to the consumer;
Whereas Article 3 of Regulation (EEC) No 857/84
(3) lays down that, where the milk production of
producers has been substantially affected by special                 Whereas the application of Article 7 of Regulation
situations arising during the reference year chosen by               (EEC) No 857/84 concerning the transfer of
the Member State, another year may be taken as the                   reference quantities in the event of the sale, leasing or
reference year for the producers in question; whereas                inheritance of an undertaking may in certain cases
the 1980 calendar year should be included among the                  result in difficult situations on the economic and
years which may thus be taken into account;                          social level; whereas, to enable a tenant whose lease
                                                                     on an undertaking is due to expire to continue milk
                                                                     production elsewhere, it is therefore appropriate that
Whereas, under the terms of Article 5 of Regulation
                                                                     the Member States be authorized to allocate to such a
(EEC) No 857/84, the additional reference quantities
                                                                     tenant such part of the reference quantity attached to
needed in order to provide for the special situation of
                                                                     the undertaking which he is leaving as they see fit;
certain producers are drawn from a reserve
constituted by each Member State within the
guaranteed quantity; whereas the detailed rules for
the constitution of the direct sales reserve should be               Whereas Article 12 of Regulation (EEC) No 857/84
clarified; whereas, moreover, in order to facilitate the             provides a definition of the term 'purchaser' for the
marketing of milk, it should be possible to draw on                  application of the additional levy scheme; whereas the
the quantities available under this reserve within each              said definition does not take sufficient account of the
12-month period in order to complete the deliveries                  case of very small dairies to be found in certain
reserve and, conversely, to draw on the quantities                   geographical areas of the Community; whereas the
available under the deliveries reserve to complete the               fixing of a higher amount for the levy under formula
direct sales reserve;                                                B was motivated by the concern to enable dairies to
                                                                     offset increasing deliveries of certain producers auto-
                                                                     matically against the falling deliveries of others;
                                                                     whereas such offsetting operations cannot be carried
(') OJ No L 148, 28. 6. 1968, p. 13.                                 out harmoniously in very small dairies; whereas in
O O J N o L 150, 6. 6. 1984, p. 6.                                   order to ensure a better equivalence of results, there
(3) O J N o L 9 0 , 1. 4. 1984, p. 13.                               is justification for considering as purchaser within the
 ---pagebreak--- No C 37/8                              Official Journal of th. European Communities                                 9. 2. 85
meaning of the said Article any group of purchasers                   2.    The total figure for the reference quantities
carrying out certain operations on behalf of its                      assigned in accordance with paragraph 1 may not
members when the collection of the latter and the                     exceed the quantities fixed in the Annex to this
total collection of the group fall below certain                      Regulation.
thresholds, '
                                                                      3.    The provisions of Articles 3, 4 and 7 shall
                                                                      apply to the producer referred to in this Article in
HAS ADOPTED THIS REGULATION:
                                                                      accordance with the rules to be determined under
                                                                      the procedure laid down in Article 30 of Regu-
                          Article 1                                   lation (EEC) No 804/68.
Regulation (EEC) No 857/84 is hereby amended as                       For the application of Articles 3 and 4, the
follows:                                                              Member States may constitute a reserve within the
                                                                      total quantity fixed for each of them in the Annex.
1. In the first subparagraph of point 3 of Article 3,                 Should this reserve prove inadequate for the
    the words '1981 to 1983 period' are replaced by                   application of Articles 3 and 4, the Member States
    '1980 to 1983 period'.                                            may use, within each 12-month period, the
                                                                      quantities available under the reserve constituted in
2. The following subparagraph is added to Article 5:                  accordance with the first subparagraph of Article
                                                                      5.'
    'If the reserve referred to in the foregoing subpara-
    graph proves inadequate for the application of                4. The following paragraph 4 is added to Article 7:
    Articles 3 and 4, the Member States may use
    within each 12-month period the quantities                        '4.    In the case of leases about to expire, the
    available in the reserve constituted in accordance                Member States may provide that a part of the
    with Article 6 (3)'.                                              reference quantity corresponding to the under-
                                                                      taking shall be placed at the disposal of the
 3. Article 6 is replaced by the following:                           outgoing tenant to the extent considered necessary
                                                                      to enable him to continue production.'
     'Article 6
                                                                   5. The following is added to point (e) of Article 12:
     1.    Each producer of milk and milk products                    'However, any group of purchasers situated in the
    referred to in Article 5c (2) of Regulation (EEC)                 same geographical area which carries out
    No 804/68 shall be assigned a reference quantity                  administrative     management      and    accounting '
    corresponding to the direct sales made by the                     operations on behalf of its members shall be
    producer during the 1981 calendar year, plus 1 %.                 considered as a purchaser on condition that
                                                                      — the collection of each member is less than
     However, the Member States may provide that on
                                                                           50 000 kg of milk per day,
     their territory the producer's reference quantity is
     equal to the quantity of direct sales which he has               — the average collection of members is less than
     made during the 1982 or 1983 calendar year,                           30 000 kg of milk per day and
    weighted by a percentage.                                         — the total collection of the group is less than
                                                                           3 500 tonnes of milk per day.'
    The said percentage may be determined on the
     basis of the level of deliveries by certain categories
                                                                                            Article 2
     of liable person, the trend in delivereis in certain
     regions between 1981 and 1983 or the trend in                 This Regulation shall enter into force on the third
     deliveries by certain categories of liable person             day following its publication in the Official Journal of
     during the same period, in accordance with the                the European Communities.
     conditions to be determined under the procedure
     laid down in Article 30 of Regulation (EEC) No                This Regulation shall be binding in its entirety and
     804/68.                                                       directly applicable in all Member States.