CELEX: 51989PC0660(37)
Language: en
Date: 1990-01-11
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

28. 2. 90                                Official Journal of the European Communities                                     No C 49/51
                                                              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 49/37)
   THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Whereas, account being taken of the various aspects of dairy
                                                                          farming today, the compensation should be fixed at ECU 36
                                                                          per 100 kilograms; whereas it may prove necessary in
  Having regard to the Treaty establishing the European                   some Member States, however, to raise the level of the
  Economic Community,                                                     compensation; whereas the Member States concerned should
                                                                          therefore be authorized to provide additional financing, the
  Having regard to Council Regulation (EEC) No 804/68 of                  amount of which can be adjusted in line with specific regional
                                                                          requirements;
  27 June 1968 on the common organization of the market in
  milk and milk products (*), as last amended by Regulation
  (EEC) No 3879/89 ( 2 ), and in particular Article 5c (6)               Whereas the compensation is granted in principle in respect
  thereof,                                                               of the total reference quantity; whereas for logical reasons
                                                                         there should be deducted from it those quantities which the
                                                                         producer has received pursuant to Article 3b of Regulation
  Having regard to the proposal from the Commission,                     (EEC) No 857/84 ( 3 ), since this programme is not to apply
                                                                         to the producers referred to in Article 3a of that Regulation or
                                                                         to those who, prior to the entry into force of these provisions,
  Whereas the Commission report on the operation of the milk
                                                                         have benefited under Article 4 (1) (a) in respect of all or part
  quotas scheme indicates that the structural development of
                                                                         of their reference quantity, as the case may be,
  agricultural holdings should continue; whereas, as a result of
  the 1 % increase in the Community reserve applicable for the
  sixth period of the scheme, certain quantities have been made
  available which are intended in principle for producers
  whose situation continues to give grounds for concern;
  whereas this measure should be supplemented as regards                 HAS ADOPTED THIS REGULATION:
  certain areas of the Community where production conditions
  are difficult and whose products deserve to be supported;
                                                                                                     Article 1
 Whereas production in those areas is located primarily on
 smallholdings to which new quantities should be granted in
                                                                         Regulation (EEC) No 857/84 is hereby amended as
 order to bring them as a whole to a level of production better
                                                                         follows:
 adapted to market requirements;
                                                                         1. The following Article 3c is inserted:
 Whereas the objective of the measure can be achieved only if
 holdings continue to produce milk;                                           'Article 3c
                                                                              1.     Reference quantities released under the conditions
 Whereas, under the arrangements to curb production,                          laid down in Article 4 (lb) shall be entered in the reserve
 additional quantities can be granted only if, in this particular             referred to in Article 5 and granted to producers as
 case, they have first been released by other producers located              defined in the third indent of Article 12 (c) provided
 in other regions of the Community; whereas a new                            that:
 Community programme for financing the cessation of milk
 production should therefore be established, for those                       (a) their holding is located in one of the areas defined in
 Member States where the comparative situation of the                              Article 3 (3), (4) and (5) of Council Directive
various collection areas so warrants, whereby producers                            75/268/EEC(*).
who fulfil certain eligibility requirements will be paid                           Within those areas Member States shall select by
compensation following the total and definitive cessation of                       priority holdings located in regions in which typical
their activities;                                                                  cheeses are manufactured with specific description
                                                                                   corresponding to a particular production area;
(') OJ No L 148, 28. 6. 1968, p. 13.
(*) OJ No L 378, 11. 12. 1989. p. 1.                                    (3) OJNoL90, 1.4. 1984, p. 13.
 ---pagebreak--- No C 49/52                                  Official Journal of the European Communities                                  28. 2. 90
   (b) the actual individual reference quantity available to                               Regulation (EEC) No 804/68 under
        which each producer is entitled at the beginning of                                either formula A or formula B,
        the seventh 12-month period of application of the
        scheme, less the quantities withdrawn pursuant to                              — their holding is located in an area
        Council Regulation (EEC) No 775/87 (**), is less                                   other than those referred to in Article
        than 60 000 kg in the less-favoured areas defined in                               3c (1) (a).
        Article 3 (4) and (5) of Directive 75/268/EEC and
        less than 100 000 kg in the mountain areas defined                             However, Member States:
        in accordance with Article 3 (3) of that Directive.
                                                                                       — may decide not to pay the
                                                                                           compensation         to       producers
   2.      Producers may receive pursuant to this Article a                                possessing less than six dairy cows or
   quantity equal to the difference between 60 000 kg or                                   whose actual individual reference
   100 000 kg, as the case may be, and the reference                                       quantity available is less than 25 000
   quantity referred to in point (b) of paragraph 1.                                       kg per year,
   They shall undertake not to seek to benefit under any                               — shall be authorized to take any steps
   programme for the cessation of milk production until the                                necessary to ensure that the
   end of the additional levy arrangements either as regards                               reductions in quantities applied
   the basic individual reference quantity or as regards the                               under this paragraph are, as far as
   quantity received pursuant to the first subparagraph.                                   possible, evenly distributed among
                                                                                           the regions and the collection areas.
   3.      The Commission, acting in accordance with                              (b) The compensation shall be granted in
   Article 30 of Regulation (EEC) No 804/68, shall adopt                               respect of the reference quantity to which
   rules for the application of this Article.                                          the producer is entitled on the entry into
                                                                                       force of this Regulation, including the
          O J N o L 128, 19. 5. 1975, p. 1.                                            quantities suspended under Regulation
          OJ No L 78, 20. 3. 1987, p. 5.'                                              (EEC) No 775/87 but excluding the
                                                                                       quantities received under Article 3b of
                                                                                       this Regulation.
2. In Article 4:
                                                                                  (c) In the case of agricultural leases, the
   (a) paragraph 1 (a) is replaced by the following:                                   application for compensation shall be
                                                                                       submitted by the leaseholder.
        '(a) — grant to producers undertaking to
                  discontinue definitively all of their milk                           Member States may, however, determine
                  production compensation to be paid in one                            the conditions under which a leaseholder
                  or more annual instalments,                                          may submit an application                 for
                                                                                       compensation and the terms on which
               — grant to producers undertaking to                                     the compensation may be granted.
                  discontinue definitively part of their milk
                  production compensation to be paid in one                       (d) Community          financing      for     this
                  or more annual instalments.'                                         programme shall be limited to a quantity
                                                                                       of 500 000 tonnes. Within that limit it
   (b) the following paragraph l b is inserted:                                        shall be allocated among the Member
                                                                                       States as and when applications are
        ' l b . Member States shall grant to producers as                              submitted to the Commission.
                defined in the first indent of Article 12 (c) or to
                each associated producer where the second                              The compensation shall be ECU 36 per
                indent of Article 12c applies, who undertake                           100 kilograms of milk or milk
                before 1 July 1990 to discontinue milk                                 equivalent.     Member       States     may
                production totally and definitively before                             contribute to the Community financing
                1 November 1990, compensation in the form                              by increasing the amount of the
                of a single payment before 1 December                                  compensation. The level of the
                1990.                                                                  supplement may be adjusted within their
                                                                                       territory to take account of local
                Member States need not, however, operate
                                                                                       conditions regarding:
                the     milk      production       abandonment
                programme if the comparative situation of the
                                                                                       — the trend of milk production,
                various collection areas does not so
                warrant.                                                               — the average level of deliveries per
                     Producers shall be eligible provided                                  producer,
                     that:
                                                                                       — the need to ensure that the
                     — they possess a reference quantity                                   restructuring of milk production is
                         pursuant       to    Article    5c      of                        not impeded,
 ---pagebreak--- 28. 2. 90                           Official Journal of the European Communities                            No C 49/53
               — the prospects for converting to other                            Article 30 of Regulation (EEC) No
                   productive activities.                                         804/68, shall adopt measures for the
               the financing provided for in the first                            implementation of this paragraph.
               subparagraph shall be deemed to be                            (*) OJ No L 94, 28. 4. 1970, p. 13.
               intervention within the meaning of
               Article 3 of Council Regulation (EEC)                                    Article 2
               No 729/70 (*).                                  This Regulation shall enter into force on the third day
          (e) The Commission, acting in accordance             following its publication in the Official Journal of the
               with the procedure laid down in                 European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, . . .
                                                                                 For the Council