CELEX: 51985PC0013(03)
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

No C 37/10                            Official Journal of the European Communities                                     9.2.85
              Proposal for a Council Regulation 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
                                                    COM(85) 13 final
                           (Submitted by the Commission to the Council on 23 January 1985)
                                                       (85/C 37/13)
THE COUNCIL OF THE EUROPEAN                                      experiencing a considerable increase in their milk
COMMUNITIES,                                                     production, the Community mechanisms should be
                                                                 made less rigorous for the first year of application;
Having regard to the Treaty             establishing    the      whereas the aim may be reached by allocating to the
European Economic Community,                                     producers or purchasers of those collection regions or
                                                                 areas which exhibit an excess of deliveries compared
Having regard to Council Regulation (EEC) No
                                                                 with those of the reference year chosen by the
804/68 of 27 June 1968 on the common organization
                                                                 Member State the quantities made available by the
of the market in milk and milk products ('), as last
                                                                 fall in deliveries in other collection regions or areas;
amended by Regulation (EEC) No 1557/84 (2), and
                                                                 whereas this aim must however be reconciled with the
in particular Article 5c (6) thereof,
                                                                 structural aims set out in Article 4 (1) of Council
Whereas Article 5c of Regulation (EEC) No 804/68                 Regulation (EEC) No 857/84 (3), as amended by
lays down a system for the control of milk production            Regulation (EEC) No 1557/84 (4) whereas these
based on the determination of individual reference               provisions should be limited to the first year of
quantities for producers or purchasers of milk and               application of the additional levy,
milk products in accordance with the formula chosen
by the Member State; whereas a levy is payable by                HAS ADOPTED THIS REGULATION:
the producer or purchaser in the form of provisional
advances where, for each quarter, he exceeds the
                                                                                           Article 1
corresponding production or collection figure of a
reference year; whereas the aforesaid individual                 The following Article 4a is hereby inserted into Regu-
reference quantities are determined so as not to                 lation (EEC) N o 857/84:
exceed an overall quantity guaranteed by the Member
State corresponding to the collection for 1981 plus                   'Article 4a
1 % or where it is the first year of application of the
system, the collection for that year plus 2 % ;                      Whilst complying with the aims set out in Article
whereas, given the rate of increase in milk production                4 ( 1 ) , the Member States shall, for the first period
recorded generally in the last few years, the fixing of               of 12 months, allocate the reference quantities not
such production thresholds and the amount of the                      used by producers or purchasers to producers or
additional levy applicable oblige producers and pur-                  purchasers in other regions or collection areas in
chasers to make serious efforts to restrain and adapt                 proportion to the excess deliveries noted/
their production; whereas, in the first year of
application, such adaptation is made more difficult
                                                                                           Article 2
for each producer or purchaser by belated
notification of the individual reference quantities due          This Regulation shall enter into force on the third
to difficulties generally encountered with regard to             day following its publication in the Official Journal of
the implementation of the system in the various                  the European Communities.
Member States;
                                                                 It shall be binding in its entirety and              directly
Whereas in order to enable those subject to the levy             applicable in all Member States
to adapt more gradually, especially in regions
C) OJ No L 148, 28. 6. 1968, p. 13.                              O O J N o L 9 0 , 1.4. 1984, p. 13.
(2) OJ No L 150, 6. 6. 1984, p. 6.                               (4) O J N o L 150,6.6. 1984, p. 5.