CELEX: 51987PC0731
Language: en
Date: 1987-01-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 804/68 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS

12. 2. 88                             Official Journal of the European Communities                               No C 40/9
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 804/68 on the
                               common organization of the market in milk and milk products
                                                     COM(87) 731 final
                             (Submitted by the Commission to the Council on 27 January 1988)
                                                        (88/C 40/11)
                                                                  1
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            — Should the quantities delivered exceed the
                                                                      purchaser's reference quantity, he shall pass on the
Having regard to the Treaty establishing the European                 burden of the levy in the price paid to those
Economic Community, and in particular Article 43                      producers who contributed towards exceeding the
thereof,                                                              said reference quantity, after he has allocated to
                                                                      them, in proportion to their individual reference
Having regard to the proposal from the Commission,                    quantities, the quantities available for redistribution.
                                                                      Where the quantities delivered are equal to or less
Having regard       to  the   opinion   of   the  European            than the purchaser's reference quantity, the Member
Parliament,                                                            State may nevertheless provide that the levy is
                                                                      payable in full by all the producers who have
Whereas the supplementary levy system introduced by                   exceeded their reference quantity by at least 10 % or
Article 5c of Council Regulation (EEC) No 804/68 (x),                 at least 20 000 kilograms.
as last amended by Regulation (EEC) No 2998/87 (2),
provides, under Formula B, that where the reference                — However, the Member States may provide that the
quantity of the purchaser is not exceeded, the levy may               quantities available for redistribution shall be re-
nevertheless be collected where the producer has                      allocated as a matter of priority to certain producers
exceeded his own reference quantity above certain                     supplying that purchaser or another purchaser
thresholds; whereas below the said thresholds, the                    according to objective criteria.
producer may qualify for a redistribution of quantities by         — The provisions of the second indent and, where the
way of compensation; whereas, in view of the continuing               quantities delivered are greater than the purchaser's
scale of figures for deliveries, there should be a possi-             reference quantity, the provisions of the third indent,
bility of further reducing the effects of compensation                may apply for the first time when the final accounts
within the dairy,                                                     are drawn up for the 1986/87 period. The provisions
                                                                      of the third indent, where the quantities delivered
                                                                      are equal to or less than the purchaser's reference
HAS ADOPTED THIS REGULATION:
                                                                      quantity, may apply for the first time when the final
                                                                      accounts are drawn up for the 1987/88 period.'
                          Article 1
In Article 5c (1), under Formula B, of Regulation (EEC)                                     Article 2
No 804/68, the second, third and fourth indents are              This Regulation shall enter into force on the day of its
hereby replaced by the following:                                 publication in the Official Journal of the European
                                                                  Communities.
(') OJ No L 148, 28. 6. 1968, p. 13.                             This Regulation shall be binding in its entirety and
O OJ No L 285, 8. 10. 1987, p. 1.                                 directly applicable in all Member States.