Commission Regulation (EEC) No 1211/87 of 30 April 1987 amending for the 15th time Regulation (EEC) No 1371/84 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) 804/68 in respect of milk and milk products

COMMISSION  REGULATION (EEC) No 1211/87
of 30 April 1987
amending for the 15th time Regulation (EEC) No 1371/84 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) 804/68 in respect of milk and milk products
THE COMMISSION 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), at last amended by Regulation (EEC) No 773/87 (2), and in particular Article 5c (7) thereof,
Whereas the amount of the Community reserve referred to in Article 5c (4) of Regulation (EEC) No 804/68 must be distributed, for the third 12-month period of application of the additional levy scheme, among the Member States concerned; whereas there has been no change in the situation which was taken into consideration when distributing the reserve for the first two periods of 12 months; whereas the quantities allocated should therefore be maintained for the third period of 12 months;
Whereas Commission Regulation (EEC) No 1371/84 (3), as last amended by Regulation (EEC) No 439/87 (4), laid down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68;
Whereas the first subparagraph of Article 7 (3) of Council Regulation (EEC) No 857/84 (5), as last amended by Regulation (EEC) No 774/87 (6), authorizes the Member States, where holdings are transferred or where a purchaser replaces one or more purchasers, to withdraw a part of the quantities concerned in order to add it to the national reserve; whereas it appears advisable, so as to enable the Member States to undertake restructuring of milk production where land is transferred, to authorize the Member States to vary the amounts to be added to the reserve providing that the total does not exceed that part of the quantities which may be withdrawn;
Whereas Article 9 of Regulation (EEC) No 1371/84 provides that the characteristics of the milk considered to be representative must be those recorded for the milk delivered or purchased during the second period of application of the additional levy scheme; whereas provision should be made for producers and purchasers in cases where the fat content of the milk they have delivered or purchased during the reference period has been affected by an exceptional occurrence;
Whereas Article 5c of Regulation (EEC) No 804/68 establishes the principle that the periods of application of the additional levy scheme, with the explicit exception of the first period, must be periods of 12 months and that the periods of application and the reference period must be of the same duration; whereas, therefore, where a Member State replaces the 12-month period by a 52-week period pursuant to Article 10 of Regulation (EEC) No 1371/84, the guaranteed total quantities must, if based on a 12-month period, be reduced accordingly; whereas, for the sake of clarity, Article 10 of the abovementioned Regulation should be altered to this effect;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,