Commission Regulation (EC) No 470/94 of 2 March 1994 amending Regulation (EEC) No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products

COMMISSION REGULATION (EC) No 470/94 of 2 March 1994 amending Regulation (EEC) No 536/93 laying down detailed rules on the application of the additional levy on milk and milk products
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (1), as last amended by Regulation (EEC) No 1560/93 (2), and in particular Article 11 thereof,
Whereas Commission Regulation (EEC) No 536/93 of 9 March 1993 (3), as amended by Regulation (EEC) No 1756/93 (4), lays down detailed rules on the application of the additional levy, and in particular Article 2 thereof lays down a representative fat  content of milk which is associated with the individual reference quantity;
Whereas, in the event of application of Article 4 (2) of Regulation (EEC) No 3950/92, which authorizes at a duly justified application, the transfer of reference quantities for direct sales to deliveries, Article 2 (1) (a) and (b) of Regulation (EEC) No  536/93 distinguish between cases of an increase in a reference quantity from cases where the reference quantity for deliveries is established; whereas, in particular, the representative fat content of milk remains unchanged where there is an increase in  the reference quantity for deliveries following a transfer of the reference quantity for direct sales; whereas the difference between the cases of increases in the reference quantity and cases where it is established was laid down for the benefit of  producers in order to take better account of their individual situations; whereas applications received by the Member States show that some producers hope to take advantage of the way the regulations are worded; whereas the real situation of producers  should be referred to for the purposes of applying those provisions;
Whereas, even if the Member State is able, pursuant to Article 4 (2) of Regulation (EEC) No 3950/92, to rule out unjustified applications, it appears advisable, in order to make it clearly impossible for producers to draw undue benefit from the  regulations and thus avoid overloading the national authorities responsible for considering the merits of applications, to apply one and the same standard rule for the fat content whether a reference quantity is increased or is established following a  transfer; whereas, however, in the interests of the producers concerned, producers who continue to be engaged in direct sales should be able to continue to benefit from the present provisions;
Whereas, for the same reasons as above, experience gained also shows the need to amend the rules governing the representative fat content of milk for producers who have recently set up in farming;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,