CELEX: 51986PC0020(43)
Language: en
Date: 1986-02-11
Title: 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

14. 4. 86                                 Official Journal of the European Communities                                     No C 85/75
              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(86) 20 final
                              (Submitted by the Commission to the Council on 14 February 1986)
                                                           (86/C 85/43)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                         exceed, for the relevant half-year, the reference
                                                                                 quantity calculated at the end of the corresponding
Having regard to the Treaty establishing the European                            half-year of the reference calendar year chosen by
Economic Community,                                                              the Member State;
                                                                           (b) by drawing up a final account for each person liable
Having regard to Council Regulation (EEC) No 804/68 of                            after the end of the 12-month period concerned, on
27 June 1968 on the common organization of the market in                          the basis of the actual excess during this same period
milk and milk products ( ] ), as last amended by Regulation                       beyond his annual reference quantity.
(EEC) No          , and in particular Article 5 c (6) thereof,                    Provisional half-yearly statements shall be made in
                                                                                  accordance with rules to be determined.'
Having regard to the proposal from the Commission,
                                                                       2. Article 10 is replaced by the following:
Whereas Regulation (EEC) No 1305/85 ( 2 ), amending
                                                                            'Article 10
Council Regulation (EEC) No 857/84 (3), which provided
for the additional levy to be collected by means of quarterly              Where formula B is applied:
payments, authorized the levy to be collected in a single
                                                                            1. A purchaser liable for the levy shall recover it through
annual payment at the end of a 12-month period of
                                                                                the price paid to the producers for the half-year
application of the scheme;
                                                                                concerned by reference to the quantity of milk or milk
                                                                                equivalent which each of them has, for the same
Whereas, in order to prevent excess quantities from being too                   half-year, delivered in excess of a half-yearly quantity
high at the end of the 12-month period and the serious effect                   corresponding to that used for establishing the
which this would have on producers' incomes, half-yearly                        purchaser's reference quantity;
payment should be introduced,
                                                                           2. After the end of the 12-month period concerned, the
                                                                                purchaser shall, where appropriate, on the basis of
                                                                                the final account referred to in Article 9 (1) (b), make
                                                                                the necessary adjustments by reference to the milk or
HAS ADOPTED THIS REGULATION:
                                                                                milk equivalent quantity by which each of the
                                                                                producers has, for the relevant period, exceeded an
                            Article 1                                           annual quantity corresponding to that used for
                                                                                establishing the purchaser's reference quantity.
Regulation (EEC) No 857/84 is hereby amended as
                                                                                For the purposes of this Article in Greece, all
follows:
                                                                                purchasers taken as a whole shall be considered as
                                                                                one purchaser.'
1. Article 9 (1) is replaced by the following:
     ' 1.   Where formulas A and B are applied, the levy shall
     be collected:                                                                                   Article 2
     (a) by means of a provisional levy at the end of the first        This Regulation shall enter into force on the third day
          half-year of the 12-month period of application of           following its publication in the Official Journal of the
          the scheme, on the basis of the quantities of milk or        European Communities.
          milk equivalent which, for each person liable,
(') OJ No L 148, 28. 6. 1968, p. 13.
(2) OJ No L 137, 27. 5. 1985, p. 12.                                   This Regulation shall be binding in its entirety and directly
(3) OJ No L 90, 1. 4. 1984, p. 13.                                     applicable in all Member States.