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( 1 ) OJ NO C 97 , 21 . 4 . 1980 , P . 33 .

( 2 ) OPINION DELIVERED ON 26 MARCH 1980 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

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

( 4 ) OJ NO L 161 , 29 . 6 . 1979 , P . 11 .

( 5 ) OJ NO L 128 , 19 . 5 . 1975 , P . 21 .

( 6 ) OJ NO L 108 , 26 . 4 . 1976 , P . 21 .

( 7 ) OJ NO L 136 , 1 . 6 . 1980 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 1364/80

OF 5 JUNE 1980

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 THE PROPOSAL FROM THE COMMISSION ,

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ),

HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),

WHEREAS COUNCIL REGULATION ( EEC ) NO 1079/77 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1271/79 ( 4 ), INTRODUCED A CO-RESPONSIBILITY LEVY APPLICABLE UNTIL THE END OF THE 1979/80 MILK YEAR AFFECTING ALL QUANTITIES OF MILK DELIVERED TO DAIRIES AND CERTAIN FARM SALES OF MILK PRODUCTS ;

WHEREAS THE LEVY WAS INTENDED TO BRING ABOUT A BETTER BALANCE ON THE MILK MARKET BY CREATING A MORE DIRECT LINK BETWEEN PRODUCTION AND SALES POSSIBILITIES FOR MILK PRODUCTS , IN VIEW OF THE SCALE OF THE PUBLIC INTERESTS INVOLVED ; WHEREAS IT HAS NOT BEEN POSSIBLE TO ACHIEVE THE ABOVE AIMS DURING THE PERIOD INITIALLY ENVISAGED ; WHEREAS IT IS NECESSARY , THEREFORE , TO PROLONG THE APPLICATION OF THE SAID LEVY FOR THE NEXT THREE MILK YEARS ;

WHEREAS , IN ORDER TO ESTABLISH A MORE DIRECT LINK BETWEEN MILK PRODUCTION AND THE AMOUNT OF THE LEVY APPLICABLE , ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1079/77 PROVIDES FOR THE INCREASE OF THE CURRENT AMOUNT OF THE LEVY WHERE AN INCREASE OF 2 % OR MORE IN SALES OF MILK BY PRODUCERS IS ESTABLISHED ; WHEREAS , FOLLOWING THE CONTINUED INCREASE IN SALES OF MILK BY PRODUCERS , THE FINANCIAL BURDEN FALLING ON THE COMMUNITY AS A RESULT OF THIS SITUATION IS STILL INCREASING ; WHEREAS IT IS THEREFORE NECESSARY TO FIX THE AMOUNT OF THE LEVY AT 2 % OF THE TARGET PRICE FOR MILK FOR THE 1980/81 MILK YEAR ;

WHEREAS IT IS NECESSARY TO PROVIDE FOR THE APPLICATION OF AN ADDITIONAL LEVY WHERE AN INCREASE OF 1.5 % OR MORE IS ESTABLISHED IN SALES OF MILK BY PRODUCERS DURING THE 1980 CALENDAR YEAR COMPARED WITH THE 1979 CALENDAR YEAR , AS A FIRST STEP TOWARDS MEETING THE COSTS INCURRED BY THE COMMUNITY FOR THE DISPOSAL OF THE ADDITIONAL QUANTITIES OF MILK ;

WHEREAS ACCOUNT SHOULD BE TAKEN , HOWEVER , OF THE SPECIAL PRODUCTION CONDITIONS IN THE LESS-FAVOURED AREAS WITHIN THE MEANING OF COUNCIL DIRECTIVE 75/268/EEC OF 28 APRIL 1975 ON MOUNTAIN AND HILL FARMING AND FARMING IN CERTAIN LESS-FAVOURED AREAS ( 5 ), AS AMENDED BY DIRECTIVE 76/400/EEC ( 6 ); WHEREAS IT IS THEREFORE NECESSARY TO APPLY A REDUCED RATE OF THIS LEVY TO PRODUCERS IN THOSE AREAS UP TO AN ANNUAL LIMIT OF 60 000 KILOGRAMS PER PRODUCER ;

WHEREAS THE ARRANGEMENT APPLICABLE UNTIL 31 MAY 1980 HAVING BEEN KEPT IN APPLICATION BY REGULATION ( EEC ) NO 1390/80 ( 7 ), AS A PRECAUTION AND SUBJECT TO NEW PROVISIONS , THE NEW ARRANGEMENT SHOULD BE APPLIED WITH RETROACTIVE EFFECT AS FROM 1 JUNE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1079/77 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ARTICLE 1 ( 1 ), THE WORDS ' DURING THE PERIOD FROM 16 SEPTEMBER 1977 TO THE END OF THE 1979/80 MILK YEAR ' ARE REPLACED BY ' DURING THE 1980/81 , 1981/82 AND 1982/83 MILK YEARS ' .

2 . THE FOLLOWING PARAGRAPH SHALL BE ADDED TO ARTICLE 1 :

' 3 . THE AMOUNT OF THE LEVY RESULTING FROM THE APPLICATION OF ARTICLE 2 SHALL BE REDUCED BY 0.5 POINT IN RESPECT OF PRODUCERS IN LESS-FAVOURED AREAS AS DEFINED IN ARTICLE 3 ( 4 ) OF DIRECTIVE 75/268/EEC UP TO AN ANNUAL LIMIT OF 60 000 KILOGRAMS PER PRODUCER . '

3 . ARTICLE 2 SHALL BE REPLACED BY THE FOLLOWING :

' ARTICLE 2

1 . THE AMOUNT OF THE LEVY , FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 43 ( 2 ) OF THE TREATY FOR EACH OF THE MILK YEARS REFERRED TO IN ARTICLE 1 ( 1 ), SHALL NOT BE LESS THAN 1.5 % OF THE TARGET PRICE FOR MILK FOR THE MILK YEAR CONCERNED .

2 . THE LEVY FOR THE 1980/81 MILK YEAR SHALL BE FIXED AT 2 % OF THE TARGET PRICE FOR MILK .

3 . IF , BY COMPARING THE QUANTITY SOLD DURING THE 1980 CALENDAR YEAR WITH THAT SOLD DURING THE 1979 CALENDAR YEAR , IT IS ESTABLISHED THAT THE QUANTITY OF MILK SOLD BY COMMUNITY PRODUCERS IN THE FORM OF MILK AND CERTAIN MILK PRODUCTS HAS INCREASED BY 1.5 % OR MORE , AN ADDITIONAL LEVY SHALL BE FIXED FOR THE 1981/82 MILK YEAR IN ACCORDANCE WITH RULES TO BE DETERMINED , SO AS TO COVER THE COSTS INCURRED BY THE COMMUNITY FOR THE DISPOSAL OF ADDITIONAL QUANTITIES OF THE MILK . '

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 AS FROM 1 JUNE 1980 .

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

DONE AT BRUSSELS , 5 JUNE 1980 .

FOR THE COUNCIL

THE PRESIDENT

G . MARCORA