Avis juridique important

Council Regulation (EEC) No 1271/79 of 25 June 1979 amending Regulation (EEC) No 1079/77 as regards the amount of the co-responsibility levy in the milk and milk products sector Official Journal L 161 , 29/06/1979 P. 0011 - 0012

**** ( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 . ( 2 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 . ( 3 ) OJ NO C 93 , 9 . 4 . 1979 , P . 49 . ( 4 ) OPINION DELIVERED ON 4 AND 5 APRIL 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ). COUNCIL REGULATION ( EEC ) NO 1271/79 OF 25 JUNE 1979 AMENDING REGULATION ( EEC ) NO 1079/77 AS REGARDS THE AMOUNT OF THE CO-RESPONSIBILITY LEVY IN THE MILK AND MILK PRODUCTS SECTOR THE COUNCIL OF THE EUROPEAN COMMUNITIES , HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF , HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 2 ), AND IN PARTICULAR ARTICLE 2 ( 1 ) THEREOF , HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION , HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ), HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ), WHEREAS REGULATION ( EEC ) NO 1079/77 INTRODUCED A CO-RESPONSIBILITY LEVY ON ALL QUANTITIES OF MILK DELIVERED TO DAIRIES AND CERTAIN FARM SALES OF MILK PRODUCTS ; WHEREAS , UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 2 ) OF THAT REGULATION , THE AMOUNT OF THE LEVY SHALL TAKE ACCOUNT OF THE MARKET SITUATION , OF FORWARD ESTIMATES OF SUPPLY OF AND DEMAND FOR MILK PRODUCTS , AND OF THE DEVELOPMENT OF STOCKS ; WHEREAS THE LEVEL OF PRICES FIXED FOR THE YEAR CONCERNED SHOULD ALSO BE TAKEN INTO ACCOUNT ; WHEREAS FOR THESE REASONS THE AMOUNT OF THE LEVY FIXED FOR THE 1978/79 MILK YEAR MUST BE EXTENDED FOR THE 1979/80 MILK YEAR ; WHEREAS THE LEVY IS INTENDED TO ACHIEVE GREATER BALANCE ON THE MILK MARKET BY ESTABLISHING A MORE DIRECT LINK BETWEEN PRODUCTION AND OUTLETS FOR MILK PRODUCTS , IN VIEW OF THE MAJOR PUBLIC INTEREST ATTACHED ; WHEREAS THERE IS A DANGER THAT THESE OBJECTIVES WILL NOT BE ATTAINED DURING THE PERIOD ORIGINALLY LAID DOWN ; WHEREAS IT IS THEREFORE NECESSARY TO CONTEMPLATE AN IMMEDIATE EXTENSION OF THE VALIDITY OF THIS LEVY ; WHEREAS , IN THE EVENT OF SUCH AN EXTENSION , PROVISION MUST BE MADE FOR AN INCREASE IN THE CURRENT AMOUNT OF THE LEVY WHERE AN INCREASE OF 2 % OR MORE IN MILK DELIVERIES BY PRODUCERS IS RECORDED , IN ORDER TO ESTABLISH A MORE DIRECT LINK BETWEEN MILK PRODUCTION AND THE AMOUNT OF THE LEVY TO BE APPLIED , HAS ADOPTED THIS REGULATION : ARTICLE 1 ARTICLE 2 OF REGULATION ( EEC ) NO 1079/77 SHALL BE REPLACED BY THE FOLLOWING : ' ARTICLE 2 1 . FOR THE 1979/80 MILK YEAR , THE LEVY SHALL BE 0.5 % OF THE TARGET PRICE FOR MILK . 2 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY AND TAKING INTO ACCOUNT THE OUTCOME OF THE MEASURES FOR ACHIEVING GREATER BALANCE ON THE MILK MARKET , THE COUNCIL MAY DECIDE TO EXTEND THE VALIDITY OF THE CO-RESPONSIBILITY LEVY BEYOND THE PERIOD REFERRED TO IN PARAGRAPH 1 WHILE AT THE SAME TIME SPECIFYING THE ADJUSTMENTS WHICH NEED TO BE MADE TO THESE ARRANGEMENTS . IN THE EVENT OF THE EXTENSION OF THE LEVY ARRANGEMENTS : ( A ) THE AMOUNT OF THE LEVY , FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY , SHALL BE NO LESS THAN THAT SPECIFIED IN PARAGRAPH 1 ; ( B ) THE AMOUNT OF THE LEVY , TO APPLY DURING THE 1980/81 MARKETING YEAR , SHALL BE EQUAL TO THE RATE SPECIFIED IN PARAGRAPH 1 , INCREASED BY ONE POINT , WHERE IT IS NOTED THAT THE QUANTITY OF MILK SOLD BY COMMUNITY PRODUCERS IN THE FORM OF MILK AND CERTAIN MILK PRODUCTS HAS INCREASED BY 2 % OR MORE , BY COMPARING THE QUANTITY SOLD DURING THE 1978 CALENDAR YEAR WITH THE QUANTITY SOLD IN THE 1979 CALENDAR YEAR . ' ARTICLE 2 THIS REGULATION SHALL ENTER INTO FORCE ON 2 JULY 1979 . THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES . DONE AT LUXEMBOURG , 25 JUNE 1979 . FOR THE COUNCIL THE PRESIDENT J . LE THEULE

****

( 1 ) OJ NO L 131 , 26 . 5 . 1977 , P . 6 .

( 2 ) OJ NO L 130 , 18 . 5 . 1978 , P . 11 .

( 3 ) OJ NO C 93 , 9 . 4 . 1979 , P . 49 .

( 4 ) OPINION DELIVERED ON 4 AND 5 APRIL 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

COUNCIL REGULATION ( EEC ) NO 1271/79

OF 25 JUNE 1979

AMENDING REGULATION ( EEC ) NO 1079/77 AS REGARDS THE AMOUNT OF THE CO-RESPONSIBILITY LEVY IN THE MILK AND MILK PRODUCTS SECTOR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1079/77 OF 17 MAY 1977 ON A CO-RESPONSIBILITY LEVY AND ON MEASURES FOR EXPANDING THE MARKETS IN MILK AND MILK PRODUCTS ( 1 ), AS AMENDED BY REGULATION ( EEC ) NO 1001/78 ( 2 ), AND IN PARTICULAR ARTICLE 2 ( 1 ) THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ),

WHEREAS REGULATION ( EEC ) NO 1079/77 INTRODUCED A CO-RESPONSIBILITY LEVY ON ALL QUANTITIES OF MILK DELIVERED TO DAIRIES AND CERTAIN FARM SALES OF MILK PRODUCTS ; WHEREAS , UNDER THE FIRST SUBPARAGRAPH OF ARTICLE 2 ( 2 ) OF THAT REGULATION , THE AMOUNT OF THE LEVY SHALL TAKE ACCOUNT OF THE MARKET SITUATION , OF FORWARD ESTIMATES OF SUPPLY OF AND DEMAND FOR MILK PRODUCTS , AND OF THE DEVELOPMENT OF STOCKS ; WHEREAS THE LEVEL OF PRICES FIXED FOR THE YEAR CONCERNED SHOULD ALSO BE TAKEN INTO ACCOUNT ;

WHEREAS FOR THESE REASONS THE AMOUNT OF THE LEVY FIXED FOR THE 1978/79 MILK YEAR MUST BE EXTENDED FOR THE 1979/80 MILK YEAR ;

WHEREAS THE LEVY IS INTENDED TO ACHIEVE GREATER BALANCE ON THE MILK MARKET BY ESTABLISHING A MORE DIRECT LINK BETWEEN PRODUCTION AND OUTLETS FOR MILK PRODUCTS , IN VIEW OF THE MAJOR PUBLIC INTEREST ATTACHED ; WHEREAS THERE IS A DANGER THAT THESE OBJECTIVES WILL NOT BE ATTAINED DURING THE PERIOD ORIGINALLY LAID DOWN ; WHEREAS IT IS THEREFORE NECESSARY TO CONTEMPLATE AN IMMEDIATE EXTENSION OF THE VALIDITY OF THIS LEVY ; WHEREAS , IN THE EVENT OF SUCH AN EXTENSION , PROVISION MUST BE MADE FOR AN INCREASE IN THE CURRENT AMOUNT OF THE LEVY WHERE AN INCREASE OF 2 % OR MORE IN MILK DELIVERIES BY PRODUCERS IS RECORDED , IN ORDER TO ESTABLISH A MORE DIRECT LINK BETWEEN MILK PRODUCTION AND THE AMOUNT OF THE LEVY TO BE APPLIED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

' ARTICLE 2

1 . FOR THE 1979/80 MILK YEAR , THE LEVY SHALL BE 0.5 % OF THE TARGET PRICE FOR MILK .

2 . IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY AND TAKING INTO ACCOUNT THE OUTCOME OF THE MEASURES FOR ACHIEVING GREATER BALANCE ON THE MILK MARKET , THE COUNCIL MAY DECIDE TO EXTEND THE VALIDITY OF THE CO-RESPONSIBILITY LEVY BEYOND THE PERIOD REFERRED TO IN PARAGRAPH 1 WHILE AT THE SAME TIME SPECIFYING THE ADJUSTMENTS WHICH NEED TO BE MADE TO THESE ARRANGEMENTS .

IN THE EVENT OF THE EXTENSION OF THE LEVY ARRANGEMENTS :

( A ) THE AMOUNT OF THE LEVY , FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY , SHALL BE NO LESS THAN THAT SPECIFIED IN PARAGRAPH 1 ;

( B ) THE AMOUNT OF THE LEVY , TO APPLY DURING THE 1980/81 MARKETING YEAR , SHALL BE EQUAL TO THE RATE SPECIFIED IN PARAGRAPH 1 , INCREASED BY ONE POINT , WHERE IT IS NOTED THAT THE QUANTITY OF MILK SOLD BY COMMUNITY PRODUCERS IN THE FORM OF MILK AND CERTAIN MILK PRODUCTS HAS INCREASED BY 2 % OR MORE , BY COMPARING THE QUANTITY SOLD DURING THE 1978 CALENDAR YEAR WITH THE QUANTITY SOLD IN THE 1979 CALENDAR YEAR . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 2 JULY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT LUXEMBOURG , 25 JUNE 1979 .

FOR THE COUNCIL

THE PRESIDENT

J . LE THEULE