Avis juridique important

Council Regulation (EEC) No 816/92 of 31 March 1992 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products Official Journal L 086 , 01/04/1992 P. 0083 - 0084 Finnish special edition: Chapter 3 Volume 41 P. 0183 Swedish special edition: Chapter 3 Volume 41 P. 0183

COUNCIL REGULATION (EEC) No 816/92 of 31 March 1992 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products 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 the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas the additional-levy arrangements introduced by Article 5c of Council Regulation (EEC) No 804/68 (2), as last amended by Regulation (EEC) No 374/92 (3), expire on 31 March 1992; whereas new arrangements applicable until the year 2000 are to be adopted as part of the reform of the common agricultural policy (CAP); whereas it is necessary in the meantime to continue the present arrangements for a ninth period of 12 months; whereas, under the Commission proposals, the total quantity set by this Regulation may be reduced, in return for compensation, for the said period so that the rationalization efforts already begun can be continued; Whereas because of the market situation it was necessary temporarily to suspend part of the reference quantities from the fourth to the eighth 12-month period, pursuant to Regulation (EEC) No 775/87 (4), as last amended by Regulation (EEC) No 3643/90 (5); whereas owing to persisting surpluses, 4,5 % of the reference quantities for deliveries are not included for the ninth period in the guaranteed total quantities; whereas in the course of the reform of the CAP, the Council will decide definitively what is to happen with these quantities; whereas, on this assumption, the amount for each Member State of the quantities concerned should be specified; Whereas it has been agreed that application of the arrangements to control milk production must not jeopardize the restructuring of agricultural holdings in the territory of the former German Democratic Republic; whereas the difficulties encountered make it necessary to extend for a further period the flexibility introduced into those arrangements for that territory, while ensuring that it remains the sole beneficiary, HAS ADOPTED THIS REGULATION: Article 1 Article 5c of Regulation (EEC) No 804/68 is hereby amended as follows: 1. in the first subparagraph of paragraph 1, 'during eight periods` shall be replaced by 'during nine periods`; 2. the following paragraph shall be added: '1b. In the case of agricultural holdings situated in the territory of the former German Democratic Republic, the reference quantity may be allocated provisionally for the ninth period, provided that the quantity thus allocated is not modified during that period.`; 3. the following point shall be added to paragraph 3: '(g) for the 12-month period from 1 April 1992 to 31 March 1993, and without prejudice during that period, taking account of the Commission proposals in connection with the reform of the CAP, to a 1 % reduction calculated on the basis of the quantity referred to in the second subparagraph of this paragraph, the total quantity, expressed in thousands of tonnes, shall be: Belgium 2 881,036 Denmark 4 369,390 Germany 27 154,205 (1) Greece 520,615 Spain 4 361,750 France 23 042,430 Ireland 4 725,600 Italy 8 224,210 Luxembourg 237,175 Netherlands 10 709,205 Portugal 1 743,420 United Kingdom 13 702,993. The quantities referred to in Regulation (EEC) No 775/87 which are not included in the first subparagraph are as follows in thousands of tonnes: Belgium 144,495 Denmark 219,690 Germany 1 360,215 (2) Greece 24,165 Spain 209,250 France 1 153,530 Ireland 237,600 Italy 395,910 Luxembourg 11,925 Netherlands 539,055 United Kingdom 689,831 (1) Including 6 157,620 for deliveries to buyers established in the territory of the former German Democratic Republic. (2) Including 306,18 in the territory of the former German Democratic Republic. The Council shall take a final decision on the future of these quantities in the context of the reform of the CAP.` Article 2 This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities. It shall apply from 1 April 1992. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 31 March 1992. For the Council The President Arlindo MARQUES CUNHA

COUNCIL REGULATION (EEC) No 816/92 of 31 March 1992 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products

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 the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas the additional-levy arrangements introduced by Article 5c of Council Regulation (EEC) No 804/68 (2), as last amended by Regulation (EEC) No 374/92 (3), expire on 31 March 1992; whereas new arrangements applicable until the year 2000 are to be adopted as part of the reform of the common agricultural policy (CAP); whereas it is necessary in the meantime to continue the present arrangements for a ninth period of 12 months; whereas, under the Commission proposals, the total quantity set by this Regulation may be reduced, in return for compensation, for the said period so that the rationalization efforts already begun can be continued;

Whereas because of the market situation it was necessary temporarily to suspend part of the reference quantities from the fourth to the eighth 12-month period, pursuant to Regulation (EEC) No 775/87 (4), as last amended by Regulation (EEC) No 3643/90 (5); whereas owing to persisting surpluses, 4,5 % of the reference quantities for deliveries are not included for the ninth period in the guaranteed total quantities; whereas in the course of the reform of the CAP, the Council will decide definitively what is to happen with these quantities; whereas, on this assumption, the amount for each Member State of the quantities concerned should be specified;

Whereas it has been agreed that application of the arrangements to control milk production must not jeopardize the restructuring of agricultural holdings in the territory of the former German Democratic Republic; whereas the difficulties encountered make it necessary to extend for a further period the flexibility introduced into those arrangements for that territory, while ensuring that it remains the sole beneficiary,

HAS ADOPTED THIS REGULATION:

Article 5c of Regulation (EEC) No 804/68 is hereby amended as follows:

1. in the first subparagraph of paragraph 1, 'during eight periods` shall be replaced by 'during nine periods`;

2. the following paragraph shall be added:

'1b. In the case of agricultural holdings situated in the territory of the former German Democratic Republic, the reference quantity may be allocated provisionally for the ninth period, provided that the quantity thus allocated is not modified during that period.`;

3. the following point shall be added to paragraph 3:

'(g) for the 12-month period from 1 April 1992 to 31 March 1993, and without prejudice during that period, taking account of the Commission proposals in connection with the reform of the CAP, to a 1 % reduction calculated on the basis of the quantity referred to in the second subparagraph of this paragraph, the total quantity, expressed in thousands of tonnes, shall be:

Belgium 2 881,036 Denmark 4 369,390 Germany 27 154,205 (1) Greece 520,615 Spain 4 361,750 France 23 042,430 Ireland 4 725,600 Italy 8 224,210 Luxembourg 237,175 Netherlands 10 709,205 Portugal 1 743,420 United Kingdom 13 702,993. The quantities referred to in Regulation (EEC) No 775/87 which are not included in the first subparagraph are as follows in thousands of tonnes:

Belgium 144,495 Denmark 219,690 Germany 1 360,215 (2) Greece 24,165 Spain 209,250 France 1 153,530 Ireland 237,600 Italy 395,910 Luxembourg 11,925 Netherlands 539,055 United Kingdom 689,831 (1) Including 6 157,620 for deliveries to buyers established in the territory of the former German Democratic Republic.

(2) Including 306,18 in the territory of the former German Democratic Republic.

The Council shall take a final decision on the future of these quantities in the context of the reform of the CAP.`

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 April 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 31 March 1992. For the Council The President Arlindo MARQUES CUNHA