CELEX: 51991PC0011
Language: en
Date: 1991-01-28
Title: AMENDMENT TO THE PROPOSAL FOR A COUNCIL REGULATION (EEC) 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       C0M(91) 11  final
                                       Brussels,28 January 1991
                    Amendment to the proposal for a
                        COUNCIL REGULATION (EEC)
      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
        (presented by the Commission pursuant to Article 149(3)
                           of the EEC-Treaty)
 ---pagebreak---                     Explanatory memorandum
The legal opinion given in the Commission's interpretative note
VI/6365/90 of 17.10.1990 which confirms that the additional levy
system covers the entire milk production, processed or not,
marketed either directly for consumption or through the intermediary
of an undertaking treating or processing milk, without any
restriction on the nature of the products, has raised questions
from some delegations:
They accept the objective of ensuring that all milk production should
be covered by the milk quota system but believe that the Council
general rules regulation needs to be clarified before they can change
their existing practice which is based upon a different interpretation
of the legislation from that contained in the Commission's interpretative
note. In the interests of legal certainty such an amendment appears,
therefore, to be advisable.
Taking into account that the proposal for a Council Regulation amending
Regulation (EEC) No 857/84 is still under examination, opportunity is
taken to propose a further amendment to clarify the Regulation as
regards yoghourts and other dairy products.
There is no impact on business.
 ---pagebreak---                          Amendment to the 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(90) 547 final, 15 November 1990
The following second recital is added:
"Whereas Article 12(b) of Regulation (EEC) No 857/84 defines, as far as is
necessary for determining the levy, certain milk products; whereas, by way of
clarification, the non-restrictive nature of that definition should be
specified;"
The following second paragraph Is added to Article 1:
"The words "for example" are added to Article 12(b)."
 ---pagebreak---        FINANCIAL                           STATEMENT
                                                                            DATE:
1. BUDGET HEADING:                                                          APPROPRIATIONS:
                                                                                             5.534 Mio ECU
                             Chapter 20
2. TfTLR: Amended proposal of Council Regulation amending Regulation (EEC) No 857/84 adopting general rules
                  for the application of the additional levy in the milk and milk products sector.
3. LEGAL BASIS:
                          Article 149(3) of the EEC Treaty
4. AIMS OF PROJECT: To amend the proposal already submitted by the Commission by precising the non-restrictive*
       nature of the definition of certain milk products, referred to under point b of Article 12 of
       Regulation (EEC) No 857/84.
                                         Period of 12 months    Current Financial Year   Following Financial Year
5. FINANCIAL IMPLICATIONS                       19                      1991                     1992
                                           Mio ECU               Mio ECU                    Mio ECU
5.0 EXPENDITURE
      - CHARGED T O THE EC BUDGET
      - (REFUNDS/INTERVENTION)                 (1)                     (1)                         (1)
      - NATIONAL jADMINIOTnATION
         /vrt irn
      "~ v m t n
5 . 1 REVENUE
      - OWN ncsounccc or T I C ce
          (LEVIES/CUSTOMS DUTIES)
      - NATIONAL
                                              1993                 1994                1995            1996
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                                             YES/ND
6.1 CAN THE PROJECT BE FINANCE) BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                                             YES/NO
6.2 iS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                                             YES/NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                                             YES/NO
OBSERVATIONS:
     As it concerns a clarification of the existing text, the measure should not have
     financial consequences for the budget.
 ---pagebreak---                                                                                ISSN 02Î4-147;
                                                                   C0M(91) 11 final
                                                      DOCUMENTS
EN                                                                                         03
                                Catalogue number : CB-CO-91-025-EN-C
                                                              ISBN 92-77-68936-6
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