CELEX: 51983PC0644
Language: en
Date: 1983-10-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 1078/77 INTRODUCING A SYSTEM OF PREMIUMS FOR THE NON-MARKETING OF MILK AND MILK PRODUCTS AND FOR THE CONVERSION OF DAIRY HERDS

19. 11.83                            Official Journal of the European Communities                            No C 314/9
                                                            III
              Proposal for a Council Regulation laying down general rules applying to the milk sector
                              levy specified in Article 5d of Regulation (EEC) No 804/68
THE COUNCIL OF THE EUROPEAN                                     HAS ADOPTED THIS REGULATION:
COMMUNITIES,
                                                                                          Article 1
Having regard to the Treaty             establishing    the
European Economic Community,                                    The levy specified in Article 5d of Regulation (EEC)
                                                                No 804/68 shall be 4 % of the target price for milk.
Having regard to Council Regulation (EEC) No
804/68 of 27 June 1968 on the common organization                                         Article 2
of the market in milk and milk products (x), as last             1.   The provisions of Article 3 of Regulation (EEC)
amended by Regulation (EEC) No 1600/83 (2), and                 No 1079/77 shall be applicable.
in particular Article 5d thereof,
                                                                2.    Where, however, a producer undertakes
Having regard to the proposal from the Commission,              annually not to produce more than 15 000 kilograms
                                                                of milk per year per hectare of utilized fodder area he
Whereas Article 5d of Regulation (EEC) No 804/68                shall not be obliged to make monthly levy payments
introduced a special levy payable by all producers of           as specified in Article 3 of that Regulation.
milk who deliver more than 60 000 kilograms of milk
per year and produce more than 15 000 kilograms of              3.     If a producer fails to honour the undertaking
milk per year per hectare of fodder area;                       provided for in paragraph 2 he shall within three
                                                                months of the end of the year in question pay the
Whereas the special levy, by reducing the price paid            levy due plus interest charges at a flat rate determined
to the producer, will secure the result desired if it is        using the procedure specified in Article 5.
high enough to have an effect on the additional
income producers gain from intensive farming,                                             Article 3
whereas a rate of 4 % of the target price, the effects          For the purposes of this Regulation, 'utilized fodder
of which will be additional to those of the normal              area' shall mean areas used to grow fodder crops,
levy, appears to be sufficient to secure the dissuasive         areas of temporary pasture and areas of permanent
import desired;                                                 pasture.
Whereas, in order to secure uniform implementation                                        Article 4
of the measures laid down' it is necessary to define
the term 'fodder area',                                         This Regulation shall enter into force on the third
                                                                 day following its publication in the Official Journal of
                                                                 the European Communities.
0) OJ No L 148, 28. 6. 1968, p. 13.                             This Regulation shall be binding in its entirety and
O OJ No L 163, 22. 6. 1983, p. 56.                               directly applicable in all Member States.
              Proposal for a Council Regulation amending Regulation (EEC) No 1078/77 introducing
              a system of premiums for the non-marketing of milk and milk products and for the
                                                 conversion of dairy herds
                                                     COM(83) 644 final
                           (Submitted by the Commission to the Council on 7 November 1983)
 THE COUNCIL OF THE EUROPEAN                                      Having regard to the proposal from the Commission,
 COMMUNITIES,
 Having regard to the Treaty establishing the
 European Economic Community, and in particular                   Having regard to the opinion of the European Par-
 Article 43 thereof,                                              liament,
 ---pagebreak--- N o C 314/10                         Official Journal of the European Communities                               19. 11.83
Whereas Council Regulation (EEC) N o 1078/77 ('),                   (a) a reduced non-marketing or conversion
as last amended by Regulation (EEC) No 1365/80                           premium to producers who, notwithstanding
(2), introduced a system of premiums for the non-                        the undertakings specified in Article 2 (2) (a)
marketing of milk and milk products and for the                          and Article 3 (2) (a), disposed of, whether for
conversion of dairy herds;                                                a consideration or free of charge, milk or milk
                                                                      <- products from their holdings after the
Whereas the non-marketing and conversion premiums                        beginning of the non-marketing or conversion
are granted subject to an undertaking that, during the                   period, provided such deliveries accounted for
non-marketing or conversion period, neither milk nor                     not more than 5 °/o of their production and
milk procducts from the holding will be disposed of,                     were completed before the end of the fourth
whether for a consideration or free of charge;                           month following the beginning of the non-
whereas experience as regards the application of this                    marketing or conversion period;
provision has shown that the premium should not be                  (b) a reduced conversion premium to producers
fully forfeit but reduced in cases where only a small                    who, notwithstanding the provisions of Article
quantity of milk was delivered during the first four                     3 (3), so husbanded their herds that, at the
months of the non-marketing or conversion period;                        latest at the end of the third year after the
                                                                         date of approval of the application:
Whereas experience as regards the application of the
undertaking specified in Article 3 (3) of Regulation                     '—<• less than 80 °/o but more than 70 % of the
(EEC) No 1078/77 concerning the type of herd has                             cows or in-calf heifers on the holding
shown that there should be a reduced premium in the                          possess the characteristics required under
case of a minor failure to meet the said undertaking;                        the said paragraph 3,
                                                                             or
Whereas     provision should also be made for a reduced                  — retain a dairy cow to meet their own
premium      in cases where the producer retains a dairy                     holding's requirements, provided that
cow to        meet his own holding's requirements,                           fewer than five cows or in-calf heifers are
provided      there are fewer than five cows on the                          present on the holding.
holding;
                                                                    2.     The provisions referred to in paragraph 1
Whereas all the producers concerned who submitted                   shall be applied without prejudice to measures
an application for a premium as from the entry into                 taken by the Member States in respect of cases
force of Regulation (EEC) No 1078/77 should be                      where the beneficiary is not in a position, as a
entitled to the benefit of this Regulation,                         result of a case of force majeure, to comply with an
                                                                    obligation under the system of premiums
HAS ADOPTED THIS REGULATION:                                        concerned.'
                                                                                          Article 2
                          Article 1
                                                                The provisions adopted pursuant to this Regulation
The following Article is hereby inserted in Regulation          shall, at the request of the party concerned, to be
(EEC) No 1078/77                                                submitted not later than 31 March 1984, apply to any
      'Article 7a                                               application for aid submitted in connection with the
                                                                system introduced by Regulation (EEC) No 1078/77.
     1.     The Commission shall, in accordance with
     the procedure laid down in Article 30 of Regu-                                       Article 3
     lation (EEC) No 804/68, adopt provisions for
                                                                This Regulation shall enter into force on the third
     granting:
                                                                day following its publication in the Official Journal of
                                                                the European Communities.
 C) O J N o L 131,26. 5. 1977, p. 1.                            This Regulation shall be binding in its entirety and
 O OJ No L 140, 5. 6. 1980, p. 18.                              directly applicable in all Member States.