natgillin/translations-raw huggingface dataset:
KONKLUSION Det utilstrækkelige fald i mælkeproduktionen Svækkelsen af producentens ansvar Den nationale udligning Nationale overførsler mellem leverancer og stalddørssalg Justering af leverancer og stalddørssalg ud fra indholdet af mælkefedt virker ikke tilstrækkeligt præventivt Den økonomiske fordel ved at udskyde betalingen af tillægsafgiften Uensartet gennemførelse i medlemsstaterne Foranstaltningernes kompleksitet Risici og usikkerhedsmomenter ved en kvoteordning Kvoteordningen og bedriftsstrukturerne 4.12 4.16 4.17 4.22 4.27 4.30 4.35 4.51 4.51 4.54 4.56 4.58 4.64 5.1 5.7 5.8 5.10 5.11 5.13 5.14 5.16 5.17 5.19 4.15 4.21 4.26 4.29 4.34 4.50 4.53 4.55 4.57 4.63 4.65 5.6 5.9 5.12 5.15 5.18 5.21 4.104.11 > XXIII Overførsel af kvoter for leverancer til kvoter for stalddørssalg Anvendelse af proceduren i henhold til artikel 6a i Rådets forordning (EØF) nr. 
CONCLUSION The reduction in milk production and its inadequacy Weakening of the producer's responsibility National off-setting National transfers between deliveries and direct sales Inadequate deterrent of the adjustment of deliveries or direct sales depending on the fat content The financial advantage to traders of delaying payment of the additional levy Disparate applications Complexity of the measures The risks and hazards of setting quotas for production The quota system and farming structures 3.17 3.20 3.25 3.26 3.29 3.30 4.1 4.2 4.6 4.7 ,4.8 4.9 4.10 4.12 4.16 4.17 4.22 4.27 4.30 4.35 4.5.J 4.51 4.54 4.56 4.58 4.64 5.1 5.7 5.8 5.10 5.11 5.13 5.14 5.16 5.17 5.19 3.19 3.24 3.28 4.5 4.11 4.15 4.21 4.26 4.29 4.34 4.50 4.53 4.55 4.57 4.63 4.65 5.6 5.9 5.12 5.15 5.18 5.21
857/84 58 Kommissionens svar 59 15. 
The Commission's reply 59 Application of 32
1. Nr. C 12/4 De Europæiske Fællesskabers Tidende 15. 
No C 12/4 Official Journal of the European Communities 15. 1.
1. 94 
94 1.
1. 1. 
INTRODUCTION Seeking to restore balance to the market in milk products 1.1.
1. 
This levy, which is proportional to production, is not a true own resource within the meaning of Article 201 of the Treaty in the same way as the levies provided for as part of the common organization of the market in the sugar sector.
1. 
Previous work by the Court of Auditors 1.2.
15. 
In its Special Report No 2/87 on the quota/ additional levy system in the milk sector, adopted on 15 July 1987 (2), the Court found that the objective of improving the balance between supply and demand had not been achieved because the quotas had been fixed at too high a level initially and because the dissuasive effect of the levy had itself been weakened by the interaction of the (') Council Regulation (EEC) No 856/84 of 31 May 1984 (OJL90, 1.4.1984, p.
1. 
10) introduces an additional levy on quantities of milk delivered or sold direct for consumption over and above a guaranteed threshold, i.e. the reference quantity.
7. 10. 4. 5. 
(2) OJ C 266, 5.10.1987. amendments described below (see paragraph 4.18), thus leading to a watering-down of the penalty. The system itself gave rise to considerable inequalities between producers, which were compounded by the failure on the part of various Member States to comply with the regulations.
1. 3. 
1.3.
5. 
Subsequently, in its Annual Report concerning the financial year 1988 (paragraphs 5.33 5.38) (3), the Court highlighted the practices intended to modify ex post facto the regulations governing quotas in order to regularize the cases where some Member States had failed to comply with the rules.
1. 4. 
Bearing in mind the changes detailed elsewhere, some of which have already been described in the Court's 1987 Special Report, and in view of the fact that since the beginning of the financial year 1990 the market in milk products, one of the largest common market organizations (CMO), has once again been showing a worrying imbalance, the Court has conducted a new audit in order to assess the extent to which the revised system for controlling milk production is suited to the task of meeting the set objectives.
1. 5. 
1.5.
1. 1. 
The Court of Auditors' observations are based on its investigations in the Commission and in the eleven Member States governed by the system for controlling milk production, application in Portugal of the common organization of the market in milk and milk products having been postponed by the Act of Accession until 1 January 1991.
15. 1. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/5 2.
15. 1. 
No C 12/6 Official Journal of the European Communities 15. 1.
15. 
2.15.
15. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/7 from about 95 million to 91 million tonnes in 1990, whereas the amount produced and marketed still stood in 1990 at around 102 million - tonnes.
15. 1. 
No C 12/8 Official Journal of the European Communities 15. 1.
1. 
(2) Council Regulation (EEC) No 856/84 of 31 March 1984 amending Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products, OJ L 90, 1.4.1984, p.
1. 
Changes in stocks of butter and skimmed-milk powder 2.31.
15. 
By contrast, the speed at which stocks can build up merely reflects the imbalance in the 15.
1. 1. 
Another two years later, in 1988, the Council stated again (4) that it was then clear that the results obtained from these arrangements would not suffice to achieve the objective of adaptation of supply to demand by the end of the five-year period of application of the quota system and the duration of the said arrangement would have to be extended to eight 12-month periods. (') Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products, third recital, OJ L 90, 1.4.1984, p.
1. 
The common organization of the market in milk and In June 1991, the Council still considered that the 3.1. milk products was set up in 1968, at the same time as most of the other common market organizations, by Council Regulation (EEC) No 804/68 of 27 June 1968.
15. 
In (5) Council Regulation (EEC) No 1630/91 of 13 June 1991 amending Regulation ' (EEC) No 804/68 on the common organization of the market in milk and milk products, second recital, OJ L 150, 15.6.1991, p.
15. 1. 
No C 12/10 Official Journal of the European Communities 15. 1.
1. 
13, stipulates that before 1 August of each year a target price for milk containing 3,7 % fat, delivered to dairy, shall be fixed in respect of the milk year beginning in the following year.
1. 1. 
Purchases of skimmed-milk powder are restricted to the period from 1 March to 31 August and to a quantity of 106 000 1.
1. 
The creation of a single Community market for. 3.11. milk and milk products involves, apart from a single price system and intervention measures, the introduction of a single trading system at the external frontiers of the Community.
1. 
(5) Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products, fourth recital, OJ L 90, 1.4.1984, p.
15. 1. 
No C 12/12 Official Journal of the European Communities 15. 1.
1. 
Initially established for a five-year period, this system was. extended, in 1988 (6), until 31 March 1992.
1. 
3.21.
15. 1. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/13 with effect from 1 April 1984 (!), hits hard at the quantities marketed in excess of the quota.
1. 
An analysis of the different types of expenditure for this market organization shows that expenditure on intervention gradually decreased from 2 729,7 Mio ECU in 1983 to 2 133,9 Mio ECU in 1991.
1. 1. 
(1) Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market inmilkandmilk products, as supplemented by Regulation (EEC) No 856/84 of 31 March 1984, therefore introduces, with effect from 1 April 1984, an 'additional levy' payable by producers who exceed the annual reference quantity that has been allocated to them. (2) Council Regulation (EEC) No 804/68 of 27 June 1968, Article 3, OJ L 148, 28.6.1968, p.
1. 
13, stipulates that before 1 August of each year a target price for milk shall be fixed in respect of the milk year beginning in the following calendar year.
15. 1. 
No C 12/14 Official Journal of the European Communities 15. 1.
1. 
The additional levy, like the co-responsibility levy, is not a Community own resource within the meaning of Article 201 of the Treaty.
1. 
4. IMPLEMENTATION OF MEASURES FOR CONTROLLING MILK PRODUCTION 4.1.
1. 
From then until 1991, Community production was virtually stable.
15. 
The measures for controlling milk production, of which the quota system is the cornerstone, reflect the legislator's desire to achieve a levelling-out and even a quantitative reduction in milk production, without (3) See footnote 1 on following page. 15.
1. 
The overall volume of guaranteed quantities, initially fixed in 1984, was reduced in 1986, and then in 1987 and again in 1991.
1. 
By contrast, additional quotas were granted in 1989 on two counts : (a) firstly, 600 000 tonnes, following a judgment by the Court of Justice, to a certain category of producers, known as 'SLOM' (from the Dutch 'slachtoffers omschakeling' = victims of conversion), who had in the past given undertakings regarding the non-marketing of milk and milk products or the conversion of dairy herds (see paragraph 4.11) and who had been excluded from those granted individual quotas when the quota system was introduced; (b) secondly, four Regulations of 11 December 1990, known as the 'Naliet package', which ended up by increasing the Member States' total quantities available by 1 % or 1 039 886 tonnes.
15. 1. 
No C 12/16 Official Journal of the European Communities 15. 1.
1. 
4.11. The high number of appeals shows that milk producers have a great deal at stake and that the application of the regulations leaves enough room for differing interpretations to justify a request for a pre¬ liminary ruling'.
15. 
Some 800 applications for damages and interest have been made to the Commis¬ sion (2). The adjustments of the system to the Member States' national needs 4.12.
1. 
(3) Council Regulation (EEC) No 804/68 of 27June 1968, OJ L 148, 28.6.1968, p. 13.
1. 
Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the additional levy, OJ L 90, 1.4.1984, p.
15. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/17 remain the same instead of developing in those regions where it has proved to be economically the most justified.
15. 1. 
1. No C 12/18 Official Journal of the European Communities 15.
1. 
4.21.
1. 
(2) Council Regulation (EEC) No 744/88 of 21 March 1988 amending Regulation (EEC) No 804/68, OJ L78, 23.3.1988, p.l.
1. 
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, Article 6a, OJ L 90, 1.4.1984, p.
15. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/19 in 1986 to 527 500 t in 1989.
15. 
The table in Annex XX summarizes the situation with regard to payments in arrears at 15 October 1991.
15. 1. 
No C 12/20 Official Journal of the European Communities 15. 1.
1. 1. 
For the fourth period (1987/ 88), this time-limit is extended to 31 December 1987 and for the seventh period (1990/91) Commission Regulation (EEC) No 2333/90 postpones the deadline until 30 Sep¬ tember 1990. (') Accordingtotheequivalencetobeusedforcalculatingthelevy applicable to butter deliveries, 1 kg of butter = 22,5kgofmilk Commission Regulation (EEC) No 1546/88 of 3 June 1988 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68, Article 11, OJ L 139, 4.6.1988, p.
1. 
11.
1. 
In fact, the Council considered that the 'SLOM' quotas had to be subject to certain restrictions because these quotas were not intended to give those to whom they were allocated an undue advantage but to cover the actual production of the 'SLOM' producers.
15. 1. 
No C 12/22 Official Journal of the European Communities 15. 1.
15. 1. 
15. 1. 94 Official Journal of the European Communities No C 12/23 (g) in the' other Member States, temporary transfers cannot be made because no national implementing provisions have been laid down.
1. 1. 
For each milk year, which begins on 1 April, temporary transfers have to be recorded by 31 July at the latest i1).
1. 
Control measures Management criteria and the Commission's monitoring of the various measures 4.51.
1. 
In many cases, these notifications arrive at the Commission well after the time-limit of within threemonthsoftheendofthemilkyear: forthemilkyear 1990/91, only nine Member States had sent the form in by the end of 1991.
15. 1. 
No C 12/24 Official Journal of the European Communities 15. 1.
15. 
At local level, in one of the three 'départements' visited by the Court, the situation is plainly inadequate; (c) in Denmark and the United Kingdom, the checks are generally well established and formalized, well planned and documented and cover all aspects of the quota system.
1. 
1. 94 Official Journal of the European Communities No C 12/25 not, however, concern materiality, i.e. they do not compare the inputs with the finished products to verify whether, under normal production conditions, the finished products tally with the inputs, bearing in mind the processing coefficients ; (i) in Italy and Greece, there are no checks on cases of individual reference quantities being exceeded because, at the time of the on-the-spot checks. in 1991, the producers had not yet received any quotas.
1. 
4.61.
1. 1. 
When individual t1) Council Regulation (EEC) No 856/84 of 31 March 1984 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products, eleventh recital, OJ L 90, 1.4.1984, p.
15. 1. 
No C 12/26 Official Journal of the European Communities 15. 1.
1. 
The reduction in milk production and its inadequacy 5.1.
15. 
(2) OJL 150, 15.6.1991, p.
Svækkelsen af producentens ansvar 5.7. 
Weakening of the producer's responsibility 5.7.
Den nationale udligning 5.8. 
National off-setting 5.8.
15. 1. 
No C 12/28 Official Journal of the European Communities 15. 1.
Nationale overførsler mellem leverancer og stalddørssalg 5.10. 
The national National transfers between deliveries and direct sales 5.10.
1. 
The penalty imposed in the event of the reference 5.11. fat content being exceeded lacks dissuasive effect.
5.15. 
Whereas the Member States with high milk production apply the quota system, albeit with some flexibility, in some other Member States (Spain, Greece, Italy), by contrast, the quota system is applied only in a fragmentary fashion.
1. 
No C 12/30 Official Journal of the European Communities 15. 1.
1. 
1. 94 Table 1 , - .
1. 
1. 94 Official Journal of the European Communities ANNEX HI Situation regarding definitive transfers of guaranteed total quantities for direct sales to those guaranteed for deliveries No C 12/33 (in 1 000 tonnes) TOTAL 112,191 208,000 110,000 200,000 409,000 825,000 Table 3 1985 1986 1987 1988 1989 2,851 1990 40 150 1991 350 Belgium Denmark Germany Greece Spain v France 169 140 100 Ireland Italy 475 Luxembourg Netherlands 50 United Kingdom 2,574 25 30 50 4,34 175 33 70 50 50,000 2,574 Total 500 426,574 310 137,34 2,851 190 350 1916,765 Deliveries 99 917 99 471,6 104 431,6 98 731,6 96 105,7 97 676,6 97 514,7 * For the purpose of comparison, the last line shows the guaranteed total quantities for deliveries in thousands of tonnes.
1. 
1. 94 Official Journal of the European Communities ANNEX V Deliveries of milk and guaranteed total quantities (in millions of tonnes) No C 12/35 Graph 1 1983 84/85 85/86 86/87 87/88 88/89 89/90 90/91 D total amounts declared + total quotas available Source: Eurostat-Cronos.
1. 
1. 94 Official Journal of the European Communities No C 12/37 ANNEX VII Table 5 Distribution of the Community reserve between the Member States (Art. 5c(4) of Regulation (EEC) No 804/68 as amended by Regulation (EEC) No 856/84) (in tonnes) QUOTA 1984/85 1985/86 1986/87 1987/88 1988/89 1989/90.
1. 
No C 12/38 Milk year Target price for milk (3,7 % fat) Official Journal of the European Communities ANNEX VIU 15.
1. 
15. 1. 94 Total production Deliveries Official Journal of the European Communities No C 12/39 ANNEX IX Ratio deliveries/total production Direct sales * Ratio direct sales/Total production Own consumption/total production Own consumption, of which animal feed * Where no amounts were declared, the quota also called the individual reference quantity : EUR 11 1990 107,410 97,211 90,6% 3,000 2,8 % 6,6 % 7,089 6,430 was used as a basis for the calculations.
1. 
1. 94 ANNEX X Butter consumption in the Community (in millions of tonnes) 1983 1984 1985 1986 1987 1988 1989 1990 Graph 3 YEARS D Cons, normal price + Specific measures ô Total consumption Source: Commission.
1. 
1. 94 Official Journal of the European Communities ANNEX XI Consumption of skimmed-milk powder in the Community (in millions of tonnes) No C 12/41 .
1. 
1. 94 Official Journal of the European Communities ANNEX X1I1 Graph 6 Public stocks of butter in the Community (in millions of tonnes) 1984-1990 No C 12/43 1/84 I 3/84 I 1/85 f 3/85 I 1/86 I 3/86 I 1/87 I 3/87 I 1/88 I 3/88 I 1/89 I 3/89 I 1/90 I 3/90 I 1/91 | 3/91 2/84 4/84 2/85 4/85 2/8« 4/86 2/B7 4/87 2/88 4/H8 2/89 4/89 2/90 4/90 2/91 4/91 Source: Commission.
1. 
No C 12/44 Official Journal of the European Communities ANNEX XIV Stocks of skimmed-milk powder in the Community (in millions of tonnes) 1984-1990 15. 1. .94 Graph 7 1Τ/84| JΦ/841 1Τ/B5I 3Π/851 1ί/8Ψ61 3/86Φ1 1/87Τ1 3/8Φ71 1/88 | 3/88 Ρ1 1/89 Ρ1 3/891 1/90 1 3/90, 1/91 I 3/91 I 2/84 4/84 2/85 4/8$ 2/86 4/8« 1/87 4/87 2/88 4/88 2/89 4/89 2/90 4/40 2/91 4/91 Source: Commission.
1. 
15. 1. 94 Official Journal of the European Communities ANNEX XV No C 12/45 1984 1985 1986 α Milk Source; Revenue and expenditure accounts 1984-90.
1. 
1. 94 Official Journal of the European Communities ANNEX XVII Graph 10 Changes in the yield of dairy cows (in tonnes per cow) No C 12/47 1984 1985 1986 1987 1988 1989 1990 Source; Eurostat-Cronos.
1. 
1984 1985 16,60 22,80 25,70 9,20 9,50 17,20 35,40 11,90 46,30 26,40 21,50 19,20 1986 17,20 24,10 27,10 9,30 9,50 17,60 35,40 11,60 46,50 26,70 22,00 19,50 1987 17,20 23,60 26,00 9,30 7,70 17,20 34,60 11,60 48,80 26,10 21,00 17,80 1988 17,00 24,50 26,60 9,40 7,90 16,70 33,50 11,80 48,10 26,20 12,80 21,20 17,60 1989 16,70 23,80 26,70 9,40 7,90 15,50 35,40 11,50 46,70 24,10 12,10 21,80 18,50 1990 ' 15,10 24,40 25,30 9,70 9,10 15,70 32,40 11,80 48,70 21,70 12,00 21,30 18,10 26,50 19,80
1. 
15. 1. 94 Belgium Denmark Germany Greece France Ireland Italy Luxembourg Netherlands United Kingdom EEC 10 Official Journal of the European Communities ANNEX XÍX No C 12/49 Fat content as % of weight Source: CRONOS Monthly statistics on cows' milk deliveries.
1. 
1. 94 Official Journal of the European Communities No C 12/51 ANNEX XXI D Milk products 1980 1981 1982 1983 + Cereals and Rice 1984 1985 1986 . 1987 1988 1989 1990 O Meat, eggs & poultry Δ Oils and fats & protein plants Graph 11 The CMOs payments (as a % of EAGGF-Guarantee payments) Source: Revenue and expenditure accounts.
1. 
94 Official Journal of the European Communities ANNEX XXIII Transfers of quotas between deliveries and direct sales Application of the Article 6a procedure of Council Regulation (EEC) No 857/84 of 31 March 1984 (') The use made of the Article 6a procedure described in paragraph 4.22 has led to critical observations in rwo Member States : No C 12/53 (a) in France, the competent authorities have obtained from the Commission, in respect of the procedure referred to in paragraph 4.22(a), a total volume of 409 000 tonnes for definitive transfers of direct sales quotas to deliveries. France did not base itself on individual requests received by ONILAIT (2) but on the disparity between the figure for the national reference quantities and the figure for direct sales actually made.
1. 
No C 12/54 Official Journal of the European Communities 15. 1. 94 ANNEX XXIV The specific aid measures: compensation for the definitive discontinuation and compensation for the temporary suspension of milk production 1.
1. 
This reduction was supposed to be made overall in two stages: 2 % by 1 April 1987 and 1 % by 1 April 1988.
1. 
The Table in Annex II shows the theoretical allocation of appropriations and the actual amount of expenditure from 1987 to 1991.
1. 
The French authorities took this into account for the second programme, which aimed at a 1 % reduction by 1 April 1988, but did not reconsider the general economics of the 1986/87 programme.
1. 
No C 12/56 Official Journal of the European Communities 15. 1.
1. 
94 11.
1. 
(2) Reform of the common agricultural policy Legal texts Milk sector COM(91) 409 final of 31 October 1991 (see paragraph A.l.(b), p.
1. 
15. 1. 94 Official Journal of the European Communities No C 12/57 ANNEX XXV National programmes for buying-up quotas and for restructuring milk production In France, the Community programme introduced in 1986 has to compete with a national buying-up scheme whose conditions are more favourable for the producers than those of the Community programme.
1. 
In Germany, five national buying-up programmes were decided for the milk years 1984/85, 1985/86, 1986/87, 1989/90 and 1990/91.
1. 
No C 12/58 Official Journal of the European Communities ANNEX XXVI Application in the Member States of Article 4a of Council Regulation (EEC) No 857/84 In thé United Kingdom (a Formula Β country), the system operates in such a way, through the regional Milk Marketing Boards, that the levy passed on by the purchasers to the producers is reduced to a minimum; this is done by the available quotas being redistributed in a generally uniform manner, subject to the situation of a certain category of priority producers being taken into account.
1. 
The producers belonging to UNALAT did not in turn receive an individual quota until the milk year 1990/91.
1. 
In Greece (a Formula Β country), Article 4a is not applicable as, according to Article 10, subparagraph 2, of Council Regulation (EEC) No 857/84 of 31 March 1984, 'all purchasers taken as a whole shall be considered as one purchaser'.
1. 
Changes in stocks of butter and skimmed-milk powder 2.31. .
1. 
No C 12/60 Official Journal of the European Communities 15. 1.
1. 
4.11.
1. 
1. 94 Official Journal of the European Communities No C 12/61 this was not the case previously because of differences which might arise between the situation of formula A or formula Β producers at first and then, in formula B, between the purchasers themselves.
1. 
The Commission is closely monitoring the implementation of these commitments, both the legal and administrative arrangments, and will report to the Council on the progress made before 31 March 1993.
94 Kvoteordningen og bedriftsstrukturerne 5.21. 
94 The quota system and farming Structures ' 5.21.
3950/92 har Rådet omstruktureret og forenklet ordningen til styring af mælkeproduktionen. 
With Regulation (EEC) No 3950/92 the Council reorganized and simplified the arrangements for containing milk production.
Først og fremmest er formel A og Β blevet erstattet af en enkelt formel der forener fordelene ved de to. 
In particular, formulas A and Β were replaced by a single formula amalgamating the advantages of the two.
Der er blevet givet nærmere retningslinjer for det ansvar, der påhviler den afgiftspligtige opkøber/mejeri, og den, som egentlig betaler afgifter (producenten), og metoderne til opkrævning af afgiften er blevet forbedret. 
The responsibilities of the purchaser-dairy liable for the levy and the producer who owes the levy are set out in detail and the means for collecting the levy strengthened.
Producenternes individuelle rettigheder er blevet udvidet og bedre beskyttet. 
The producers' individual rights have been extended and are better protected.
Bestemmelserne om overførsel af referencemængder mellem producenter er blevet præciseret og ajourført. 
The transfer of reference quantities between producers has been set out in detail and extended to different situation.