Council Regulation (EEC) No 857/84 of 31 March 1984 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

( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 13 .
( 2 ) SEE PAGE 10 OF THIS OFFICIAL JOURNAL .
( 3 ) OJ NO L 96 , 23 . 4 . 1972 , P . 1 .
( 4 ) OJ NO L 197 , 20 . 7 . 1981 , P . 32 .
COUNCIL REGULATION ( EEC ) NO 857/84 OF 31 MARCH 1984 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 804/68 OF 27 JUNE 1968 ON THE COMMON ORGANIZATION OF THE MARKET IN MILK AND MILK PRODUCTS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 856/84 ( 2 ) , AND IN PARTICULAR ARTICLE 5C THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
WHEREAS ARTICLE 5C OF REGULATION ( EEC ) NO 804/68 INSTITUTED A LEVY PAYABLE BY EVERY PRODUCER OR PURCHASER OF MILK OR OTHER MILK PRODUCTS ON QUANTITIES EXCEEDING AN ANNUAL REFERENCE QUANTITY ; WHEREAS THE AMOUNT OF THIS LEVY SHOULD NORMALLY COVER THE COST OF DISPOSAL OF THE MILK EXCEEDING THE REFERENCE QUANTITY ; WHEREAS , HOWEVER , WHEN THE LEVY IS CHARGED TO THE PURCHASER , ITS APPLICATION DOES NOT NECESSARILY COVER ALL THE QUANTITIES OF MILK DELIVERED BY EACH PRODUCER AND EXCEEDING A QUANTITY CORRESPONDING TO THAT ADOPTED IN ORDER TO ESTABLISH THE PURCHASER'S REFERENCE QUANTITY ; WHEREAS , IN ORDER TO OBTAIN EQUIVALENCE OF RESULTS , A HIGHER LEVY SHOULD BE FIXED WHEN IT IS PAYABLE BY THE PURCHASER ;
WHEREAS THE REFERENCE QUANTITY SHOULD BE FIXED ON THE BASIS OF THE QUANTITY WHICH CORRESPONDS TO THE 1981 CALENDAR YEAR ALREADY ADOPTED FOR THE DETERMINATION OF THE GUARANTEE THRESHOLD REFERRED TO IN ARTICLE 5B OF REGULATION ( EEC ) NO 804/68 , PLUS 1 % ; WHEREAS , HOWEVER , FOR REASONS TO DO WITH THEIR PRODUCTION OR COLLECTING CONDITIONS , MEMBER STATES SHOULD BE ENABLED TO ADOPT AS A BASIS THE QUANTITY CORRESPONDING TO THE 1982 CALENDAR YEAR OR TO THE 1983 CALENDAR YEAR , WEIGHTED BY A PERCENTAGE ENABLING THE SAME RESULTS TO BE ACHIEVED .
WHEREAS THE MEMBER STATES SHOULD BE ENABLED TO ADAPT THE REFERENCE QUANTITIES TO TAKE INTO ACCOUNT THE SPECIAL SITUATIONS OF CERTAIN PRODUCERS AND TO ESTABLISH FOR THIS PURPOSE , AS NECESSARY , A RESERVE WITHIN THE ABOVEMENTIONED GUARANTEED QUANTITY ;
WHEREAS , WITH A VIEW TO MAKING IT EASIER TO APPLY THE ARRANGEMENTS FOR THE SUPPLEMENTARY LEVY IN GREECE , BEARING IN MIND THE FACT THAT ITS TOTAL MILK PRODUCTION REPRESENTS LESS THAN 1 % OF COMMUNITY PRODUCTION AND THAT THE TOTAL NUMBER OF PURCHASERS IN GREECE IS VERY HIGH , ALL THE PURCHASERS IN THIS MEMBER STATE SHOULD BE CONSIDERED AS ONE SINGLE PURCHASER ;
WHEREAS , WITH REGARD TO PRODUCERS' DIRECT SALES TO CONSUMPTION , ACCOUNT SHOULD BE TAKEN OF THE TENDENCY FOR SUCH SALES TO DECLINE AND THE QUANTITY CORRESPONDING TO THE 1981 CALENDAR YEAR , INCREASED BY 1 % , SHOULD BE TAKEN AS REFERENCE QUANTITY ;
WHEREAS THE SCHEME MUST , AS A MATTER OF OVERWHELMING PUBLIC INTEREST , ENTER INTO FORCE ON 2 APRIL 1984 ; WHEREAS , TO THIS END , TRANSITIONAL MEASURES MUST BE ADOPTED SO THAT THE LEVY DUE FROM 2 APRIL ONWARDS CAN BE COLLECTED REASONABLY PROMPTLY ,