CELEX: 51990PC0407(05)
Language: en
Date: 1990-10-04
Title: 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

27. 11. 90                                Official Journal of the European Communities                                  No C 297/7
                                                           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
                                                           (90/C 297/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                       under (a), 'Member States other than the Kingdom
                                                                               of Spain and, from 1 April 1991, Germany as
                                                                               regards the territory of the former German
Having regard to the Treaty establishing the European                          Democratic Republic' is replaced by 'Member States
Economic Community,                                                            other than Spain, Portugal and, from 1 April 1991,
                                                                               Germany as regards the territory of the former
                                                                               German Democratic Republic',
Having regard to the Act of Accession of Spain and
Portugal, and in particular Article 234 (2) thereof,                           the following is added as (d):
                                                                               '(d) In Portugal, the reference quantity referred to
Having regard to Council Regulation (EEC) No 804/68 of                               in the first subparagraph shall be equal to the
27 June 1968 on the common organization of the market in                             quantity of milk or milk equivalent delivered
milk and milk products ( ! ), as last amended by Regulation                          or purchased during the 1990 calendar year,
(EEC) No . . . ( 2 ), and in particular Article 5c (6) thereof,                      weighted where applicable by a percentage
                                                                                     established so as not to exceed the guaranteed
                                                                                     quantity defined in Article 5c of Regulation
Having regard to the proposal from the Commission,                                   (EEC) No 804/68.'
Whereas Council Regulation (EEC) No 857/84 ( 3 ), as last
amended by Regulation (EEC) No 1183/90 ( 4 ), fixes the                     The last sentence of the first subparagraph of point 3 of
period during which the deliveries or direct sales of milk or               Article 3 is replaced by the following:
milk products to a purchaser or by a producer are to be
taken into account for the purpose of establishing the                      'However,
individual reference quantity; whereas the said Regulation
should be supplemented in view of the fact that Portugal,                   — in Spain, the producers shall, at their request,
pursuant to the Act of Accession, must implement the                            obtain the taking into account of another reference
additional levy system from 1 January 1991; whereas the                         year within the 1983 to 1985 period,
Annex to Regulation (EEC) No 857/84 must be
supplemented, as regards direct sales, to include Portugal,                 — in the territory of the former German Democratic
                                                                                Republic, these producers shall, at their request,
                                                                                obtain the taking into account of another reference
                                                                                year within the 1987 to 1989 period,
                                                                            — in Portugal, these producers shall, at their request,
HAS ADOPTED THIS REGULATION:
                                                                                obtain the taking into account of another reference
                                                                                year within the 1988 to 1990 period.'
                             Article 1
                                                                         3. Paragraph 6(1) is amended as follows:
Regulation (EEC) No 857/84 is hereby amended as
follows:                                                                    — in the second subparagraph, under (a), 'Member
                                                                                States other than the Kingdom of Spain' is replaced
 1. The second subparagraph of Article 2 (1) is amended as                      by 'Member States other than Spain and
    follows:                                                                    Portugal.',
                                                                                in the second subparagraph the following is added
                                                                                as (c):
(i) OJNo L 148, 28. 6. 1968, p. 13.
(2) See page 5 of this Official Journal.                                        '(c)    In Portugal, the reference quantity for the
(3) OJ No L 90, 1. 4. 1984, p. 13.                                                     producer shall be equal to the quantity of
(4) OJ No L 119, 11. 5. 1990, p. 27.                                                    direct sales which he has made during the
 ---pagebreak---  No C 297/8                                       Official Journal of the European Communities                                    27. 11. 90
                1990 calendar year, weighted were applicable                     4. The Annex       is replaced    by the Annex        to   this
                by a percentage.',                                                  Regulation.
      — the following subparagraph is added:
         'The previous subparagraph shall also apply to                                                    Article 2
         Portugal, and the period taken into consideration
         shall be from 1988 to 1990.'                                            This Regulation shall enter into force on 1 January 1991.
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels,
                                                                                                     For The Council
                                                                       ANNEX
                   Quantities referred to in Article 6 (2) (milk producers selling direct to the consumer) of this Regulation
                           and the application periods referred to in Article 5c (2) of Regulation (EEC) No 804/68
                                                                                                                                   ('000 tonnes)
                          2.4.1984 to       1.4.1985 to    1.4.1986 to   1.4.1987 to    1.4.1988 to    1.4.1989 to   1.4.1990 to 1.4.1991 to
                           31.3.1985         31.3.1986      31.3.1987     31.3.1988      31.3.1989     31.3.1990      31.3.1991   31.3.1992
Belgium                         480            450            400           387,660        380,809        380,809      380,809   380,809
Denmark                            1              1              1              0,980        0,970          0,970         0,970       0,970
Germany                         305            130            130            94,400         93,100         93,100       93,100    153,100 (!)
Greece                          116            116             46            45,080         44,620          4,620         4,620       4,620
Spain                             —            750            750           685,000        677,500        527,500      527,500   527,500
France                        1 183          1 014            874           756,520        747,780        747,780      747,780   747,780
Ireland                           16            16             16             15,680        15,520         15,520       15,520      15,520
Italy                         1 116          1 116          1 116         1 093,680      1 082,520      1 082,500      732,520   732,520
Luxembourg                         1              1              1              0,980        0,970          0,970         0,970       0,970
Netherlands                     145             95             95            93,100         92,150         92,150       92,150      92,150
Portugal                          —             —              —              —             —              —           121,000    121,000
United Kingdom                  398            395,426        395,426       387,517        383,563        383,563      383,563   383,563
(*) Of which 60,000 for the territory of the former German Democratic Republic.