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( 1 ) OPINION DELIVERED ON 26 MARCH 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 2 ) OPINION DELIVERED ON 25 AND 26 MARCH 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

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

( 4 ) OJ NO L 140 , 5 . 6 . 1980 , P . 16 .

COUNCIL REGULATION ( EEC ) NO 857/81

OF 1 APRIL 1981

AMENDING REGULATION ( EEC ) NO 1079/77 AS REGARDS THE CO-RESPONSIBILITY LEVY APPLICABLE IN THE MILK AND MILK PRODUCTS SECTOR DURING THE 1981/82 MILK YEAR

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 REGULATION ( EEC ) NO 1079/77 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1364/80 ( 4 ), INTRODUCED A CO-RESPONSIBILITY LEVY APPLICABLE UNTIL THE END OF THE 1982/83 MILK YEAR AFFECTING , IN PRINCIPLE , ALL QUANTITIES OF MILK DELIVERED TO DAIRIES AND CERTAIN FARM SALES OF MILK PRODUCTS ;

WHEREAS THE AMOUNT OF THE LEVY , THE PURPOSE OF WHICH IS TO BRING ABOUT A BETTER BALANCE ON THE MILK MARKET BY CREATING A MORE DIRECT LINK BETWEEN PRODUCTION AND POSSIBLE OUTLETS FOR MILK PRODUCTS , AMOUNTED TO 2 % OF THE TARGET PRICE FOR MILK FOR THE 1980/81 MILK YEAR ; WHEREAS ARTICLE 2 ( 3 ) OF REGULATION ( EEC ) NO 1079/77 PROVIDES FOR THE APPLICATION OF AN ADDITIONAL LEVY DURING THE 1981/82 MILK YEAR IF SALES OF MILK BY PRODUCERS IN THE CALENDAR YEAR 1980 ARE 1.5 % OR MORE HIGHER THAN IN THE CALENDAR YEAR 1979 ;

WHEREAS THE INCREASE IN THE SALES IN QUESTION CONSIDERABLY EXCEEDS THIS LIMIT ; WHEREAS IT IS THEREFORE NECESSARY TO FIX THE AMOUNT OF THE LEVY APPLICABLE DURING THE 1981/82 MILK YEAR AT 2.5 % OF THE TARGET PRICE FOR MILK ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

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

' 3 . THE LEVY FOR THE 1981/82 MILK YEAR SHALL BE FIXED AT 2.5 % OF THE TARGET PRICE FOR MILK . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 6 APRIL 1981 .

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

DONE AT BRUSSELS , 1 APRIL 1981 .

FOR THE COUNCIL

THE PRESIDENT

G . BRAKS