CELEX: 51992PC0137(03)
Language: en
Date: 1992-03-30
Title: Proposal for COUNCIL REGULATION (EEC) establishing, for the period running from 1 April 1992 to 31 March 1993, the Community reserve for the application fo the levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector

COMMISSION OF THE EUROPEAN                                     COMMUNITIES
                                                  COM(90) 137 final
                                                  Brussels, 30 March 1992
                                   Proposal for a
                             rmilNPIl REGULATION (EEC)
                   amending Regulation (EEC) No 804/68 on the
                         common organization of the market
                               in milk and milk products
                                       ftxjposftl   tot
                                O00HCXL KBSDXAm (ETC)
                 amending Regulation (EEC) No 857/84 adopting general rules
                  for the application of the levy referred to in A r t i c l e 5c
                          of Regulation (EEC) No 804/68 in the milk
                                   and milk products sector
                                        Proposal    for
                                 COUNCIL REGULATION (EEC)
     establishing, for die period running from 1 April 1992 to 31 March 1993, the
     Community reserve for the application of the levy referred to in Article 5c of
           Regulation (EEC) No 804/68 in the milk and milk products sector
                      (presented by the Commission)
 ---pagebreak---                                              1 -
                                      Proposal for a
                         COUNCIL REGULATION (EEC) No       /...
                                            of
                      amending Regulation (EEC) No 804/68 on the
                           common organization of the market
                               in milk and milk products
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in
particular Article 43 thereof.
Having regard to the proposal from the Commission
                                                             (2)
Having regard to the Opinion of the European Parliament
Whereas the additional-levy arrangements introduced by Article be of Council
Regulation (EEC) No 804/68        , as last amended by Regulation (EEC) No
expire on 31 March 1992; whereas new arrangements applicable until the year 2000
are to be adopted as part of reform of the common agricultural policy; whereas it
 is necessary in the meantime to continue the present arrangements for a ninth
period of twelve months; whereas, under the the Commission proposals, the total
quantity set by this Regulation may be reduced, in return for compensation, for
the said period so that the rationalization efforts already begun can be
continued;
Whereas because of the market situation it was necessary temporarily to suspend
part of the reference quantities from the fourth twelve-month period, pursuant to
                              (5)
Regulation (EEC) No 775/87        . as last amended by Regulation (EEC)
No 364.1/90     ; whereas because of persisting surpluses 4,5% of the reference
quantities for deliveries are not included for the ninth period in the guaranteed
total quantities; whereas in the course of Reform of the CAP the Council will
decide definitively what is to happen with these quantities;
( 1) OJ  No
(2) OJ  No
(3) OJ  No  L 148, 28.6.1968, p. 13
(4) OJ  No  L
<b) OJ  No  L 78, 20. 3.1987, p. 5.
(6) OJ  No  L 362, 27.12.1990, p. 9.
 ---pagebreak---                                        - 2 -
Whereas, on this assumption, it seems advisable to specify, under the terms of
this Regulation, the amount for each Member State of the quantities concerned:
Whereas it has been agreed that application of the arrangements to control milk
production must not jeopardize the restructuring of agricultural holdings in
thterritory of the former German Democratic Republic; whereas the diffiulties
encountered make it necessary to extend for a further period the flexibility
introduced into those arrangements for that territory, while ensuring that it
remains the sole beneficiary;
HAS ADOPTED THIS REGULATION:
                                    Article 1
Article 5c of Regulation (EEC) No 804/68 is hereby amended as follows:
1) in the first subparagraph of paragraph i, "during eight periods..." is
   replaced by "during nine periods...";
2) the following paragraph 1b is added:
   "lb. In the case of agricultural holdings situated in the territory of the
        former German Democratic Republic, the reference quantity may be
        allocated provisionally for the ninth period, provided that the quantity
        thus allocated is not modified during that period.";
3) the following point (g) is added to paragraph 3:
   "(g) for the twelve-month period from 1 April 1992 to 31 March 1993, and
        without prejudice during that period, taking account of the Commission
        proposals in connection with the Reform of the CAP, to a 1% reduction
        calculated on the basis of the quantity referred to in the second
        subparagraph of this paragraph, the total quantity, expressed in
        thousands of tonnes, shall be:
 ---pagebreak---                                        - 3 -
        Belgium              2 881,036
        Denmark              4 369,390
        Germany             27 154,205    (1)
        Greece                 520,615
        Spain                4 361,750
        France              23 042,430
        Ireland              4 725,600
        Italy                8 224,210
        Luxembourg             237,175
        Netherlands         10 709,205
        Portugal             1 743,420
        United Kingdom      13 702,993
        The quantities referred to in Regulation (EEC) No 775/87 which are not
        included in the preceding point are as follows in thousands of tonnes:
        Belgium                144,495
        Denmark                219,690
        Germany              1 360,215 (2)
        Greece                  24,165
        Spain                  209,250
        France               1 153,530
        Ireland                237,600
        Italy                  395,910
        Luxembourg              11,925
        Netherlands            539,055
        United Kingdom         689,831
(1) including 6 157,620 for deliveries to buyers established in the territory of
    the former German Democratic Republic
(2) including 306,18 in the territory of the former German Democratic Republic
The Council shall take a final decision on the future of these quantities in the
context of the Reform of the CAP.
                                    Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
It shall apply from 1 April 1992.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                                            For the Council
 ---pagebreak---                                                   - 4 -
                                              Proposal for a
                                    COUNCIL REGULATION (EEC) No
                                  of
                       amending Regulation (EEC) No 857/84 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Waving regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of
 rhe market in milk and milk products      , as last amended by Regulation (EEC) No               , and
 in particular Article 5c(6) thereof,
                                                     (3)
Having regard to the proposal from the Commission       ,
Having regard to the Opinion of the European Parliament         >
Whereas the additional-levy arrangements referred to in Article 5c of Regulation (EEC) No 804/68
have been extended for a ninth period of twelve months; whereas it is accordingly necessary to adapt
                                                          (5)
 the relevant provisions of Regulation (EEC) No 857/84        , as last amended by Regulation (EEC)
            <6)
No 1639/91      ;
Whereas it has been agreed that application of the arrangements to control milk production must not
 jeopardize the restructuring of agricultural holdings in the territory of the former German
Democratic Republic; whereas the difficulties encountered make it necessary to extend for a further
period the flexibility introduced into those arrangements for that territory, while ensuring that it
remains the sole beneficiary;
(1)  OJ  No  L 148, 28.6.1968, p. 13
(2)  OJ  No  L
(3)  OJ  No
(4)  OJ  No
(5)  OJ  No  L 90, 1.4.1984, p. 13.
(6)  OJ  No  L 150, 15.6.1992, p. 35
 ---pagebreak---                                        - 5 -
Whereas the provisions of Article 7(2) and (3) of this Regulation, concerning the
replacement of purchasers, were the subject, by the judgment of the Court of
Justice of the European Communities of 10 July 1991, of an interpretation such
that the aforementioned provisions should be clarified accordingly;
Whereas the total quantities for direct sales laid down in the Annex to this
Regulation should be adapted in the same way as the total quantities for
deliveries under Regulation (EEC) No 804/68, for the same reasons,
HAS ADOPTED THIS REGULATION:
                                    Article 1
Regulation (EEC) No 857/84 is hereby amended as follows:
1) in the first subparagraph of Article 4a(1), "for the eight       periods     "
   is replaced by "for the nine      periods      ".
2) the following is added to the first subparagraph of Article 6(2):
   "However, for the period from 1 April 1992 to 31 March 1993, the quantities
    shall be established without prejudice to a 1% reduction, taking account of
    the Commission proposals in connection with the Reform of the CAP, during
    that period."
 ---pagebreak---                                       - 6 -
3) in Article 7:
   (a) in the third subparagraph of paragraph 1, "for the eighth twelve-month
       period ..." is replaced by "for the ninth twelve-month period . ..•..";
   (b) the first subparagraph of paragraph 3 is replaced by the following:
       "The Member States may provide that part of the quantities referred to in
        paragraph 1 shall be added to the reserve mentioned in Article 5 or,
        depending on the circumstances, to the reserve mentioned in
        Article 8(3)."
4) in the first subparagraph of Article 9(4), "for the eight ... periods ..." is
   replaced by "for the nine ... periods ...";
5) the following column shall be added after the column headed
   "1.4.1991-31.3.1992":
                                       1.4.1992-
                                      31.3.1993
                  Belgium                373,193
                  Denmark                   0,951
                  Germany                150^038       fl)
                  Greece                    4,528
                  Spain                  516,950
                  France                 732,824
                  Ireland                  15,210
                  Italy                  717,870
                  Luxembourg                0,951
                  Netherlands            102,307
                  Portugal               118.580
                  United Kingdom         392,868
                  (1) including 58,801 for the territory of the former German
                      Democratic Republic"
 ---pagebreak---                                       - 7 -
                                    Article 2
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities.
It shall apply from 1 April 1992.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
                                                      For the Council
 ---pagebreak---                                                                      cP
 1. 4. 92                                  Official Journal of the European Communities                             No L 86/87
                                          C O U N C I L REGULATION (EEC) N o 818/92
                                                         of 31 March 1992
                   establishing, for the period running from 1 April 1992 to 31 March 1993, the
                   C o m m u n i t y reserve for the application of the levy referred to in Article 5c of
                           Regulation (EEC) N o 804/68 in the milk and milk products sector
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             specific reference quantities to certain categories of
                                                                      producers as defined in Article 3b of that Regulation,
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                      HAS ADOPTED THIS REGULATION :
 Having regard to Council Regulation (EEC) No 804/68 of
 27 June 1968 on the common organization of the market
 in milk and milk products ('), as last amended by Regula-                                       Article 1
 tion (EEC) No 816/92 (2), and in particular Article 5c (6)
 thereof,                                                             For the period 1 April 1992 to 31 March 1993, the
                                                                      Community reserve provided for in Article 5c (4) of Regu-
                                                                      lation (EEC) No 804/68 shall be 2 082 885,740 tonnes, of
 Having regard to the proposal from the Commission (3),              which :
                                                                     — 443 000 tonnes shall be allocated in certain Member
Whereas Article 5c (4) of Regulation (EEC) No 804/68                      States where the implementation of the levy system
 provides for the establishment of a Community reserve in                 raises special difficulties,
 order to supplement, at the beginning of each 12-month
 period, the overall guaranteed quantities of Member States          — 600 000 tonnes shall be to alleviate the difficulties
 in which the levy scheme gives rise to particular difficul-              encountered by the Member States in allocating the
 ties ; whereas the Community reserve for the ninth                       specific reference quantities pursuant to Article 3a of
 12-month period should be again fixed at 2 082 885,740                   Regulation (EEC) No 857/84,
 tonnes, including 443 000 tonnes to be allocated in the             — 1 039 885,740 tonnes shall be for producers as referred
 Member States where the implementation of the levy                       to in Article 3b of Regulation (EEC) No 857/84.
 system still raises special difficulties, 600 000 tonnes to
alleviate difficulties encountered by the Member States in
allocating the specific reference quantities pursuant to                                         Article 2
Article 3a of Council Regulation (EEC) No 857/84 of
31 March 1984 adopting general rules for the application             This Regulation shall enter into force on the day of its
of the levy referred to in Article 5c of Regulation (EEC)             publication in the Official Journal      of the European
 No 804/68 in the milk and milk products sector (4) as last           Communities.
amended by Regulation (EEC) No 817/92(0, and
 1 039 885,740 tonnes to alleviate the difficulties encoun-           It shall apply from the beginning of the ninth 12-month
tered by the Member States in allocating the additional or            period of the additional levy system.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 March 1992.
                                                                                  For the   Council
                                                                                    The   President
                                                                            Arlindo MARQUES CUNHA
(') OJ  No L 148, 28. 6. 1968. p. 13.
(') See page 83 of this Official Journal.
(J) OJ  No C 337, 31. 12. 1991, p. 34.
(*) OJ  No L 90, 1. 4. 1984, p. 13.
(*) See page 85 of this Official Journal.
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (92) 137 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number: CB-CO-92-154-EN-C
                                                             ISBN 92-77-42894-5
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