Council Regulation (EEC) No 3950/92, of 28 December 1992, establishing an additional levy in the milk and milk products sector
Modified by
  • Council Regulation (EEC) No 748/93of 17 March 1993amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31993R0748, March 31, 1993
  • Council Regulation (EEC) No 1560/93of 14 June 1993amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31993R1560, June 25, 1993
  • Commission Regulation (EC) No 647/94of 23 March 1994adjusting the total quantities fixed in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31994R0647, March 24, 1994
  • Council Regulation (EC) No 1883/94of 27 July 1994amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31994R1883, July 30, 1994
  • Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
  • Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
  • Commission Regulation (EC) No 630/95of 23 March 1995adjusting the total quantities fixed in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31995R0630, March 24, 1995
  • Council Regulation (EC) No 1552/95of 29 June 1995amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31995R1552, June 30, 1995
  • Commission Regulation (EC) No 635/96of 10 April 1996adjusting the total quantities fixed in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31996R0635, April 11, 1996
  • Commission Regulation (EC) No 1109/96of 20 June 1996amending Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector in respect of the total quantity for Denmark and the footnote concerning Germany, 31996R1109, June 21, 1996
  • Commission Regulation (EC) No 614/97of 8 April 1997adjusting the total quantities set in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31997R0614, April 9, 1997
  • Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
  • Council Regulation (EC) No 551/98of 9 March 1998amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31998R0551, March 12, 1998
  • Commission Regulation (EC) No 903/98of 28 April 1998adjusting the total quantities set in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31998R0903, April 29, 1998
  • Commission Regulation (EC) No 751/1999of 9 April 1999adjusting the total quantities set in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31999R0751, April 10, 1999
  • Council Regulation (EC) No 1256/1999of 17 May 1999amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sectorCorrigendum to Council Regulation (EC) No 1256/1999 of 17 May 1999 amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector(Official Journal of the European Communities L 160 of 26 June 1999), 31999R125631999R1256R(01), June 26, 1999
  • Commission Regulation (EC) No 749/2000of 11 April 2000adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 32000R0749, April 12, 2000
  • Commission Regulation (EC) No 603/2001of 28 March 2001adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 32001R0603, March 29, 2001
  • Commission Regulation (EC) No 582/2002of 4 April 2002adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 32002R0582, April 5, 2002
  • Council Regulation (EC) No 2028/2002of 11 November 2002amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 32002R2028, November 16, 2002
  • Commission Regulation (EC) No 572/2003of 28 March 2003adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 32003R0572, March 29, 2003
  • Council Regulation (EC) No 1788/2003of 29 September 2003establishing a levy in the milk and milk products sector, 32003R1788, October 21, 2003
Corrected by
  • Corrigendum to Council Regulation (EC) No 1256/1999 of 17 May 1999 amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk and milk products sector, 31999R1256R(01), January 5, 2000
Council Regulation (EEC) No 3950/92of 28 December 1992establishing an additional 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 CommissionOJ No C 337, 31. 12. 1991, p. 35.,Having regard to the opinion of the European ParliamentOJ No C 94, 13. 4. 1992, p. 101.,Whereas, pursuant to 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 productsOJ No L 90, 1. 4. 1984, p. 10., an additional levy scheme was introduced from 2 April 1984 in the said sector; whereas the purpose of this scheme, introduced for nine years and due to expire of 31 March 1993, was to reduce the imbalance between supply and demand on the milk and milk-products market and the resulting structural surpluses; whereas the scheme remains necessary in the future in order to achieve a better market balance; whereas it should therefore continue to be applied for seven further consecutive 12-month periods starting on 1 April 1993;Whereas, in order to make full use of the experience gained in this area and in the interests of simplification and clarification with a view to ensuring the legal certainty of producers and other parties concerned, the basic rules of the extended scheme should be laid down in a separate regulation, their scope and diversity should be reduced and Council Regulation (EEC) No 2074/92 of 30 June 1992 establishing an additional levy on the milk and milk-products sectorOJ No L 215, 30. 7. 1992, p. 69., adopted as an interim measure by the Council, and Regulation (EEC) No 857/84 of 31 March 1984 laying down 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 sectorOJ No L 90, 1. 4. 1984, p. 13. Regulation as last amended by Regulation (EEC) No 817/92 (OJ No L 86, 1. 4. 1992, p. 85)., should both be repealed, without prejudice to the obligations and undertakings entered into under the said Regulation;Whereas the method adopted in 1984, consisting of the application of a levy to quantities of milk collected or sold for direct consumption above a certain guarantee threshold, must be maintained; whereas the said threshold is expressed for each Member State by a guaranteed total quantity which may not be exceeded by the sum of the individually allocated quantities for both deliveries and sales for direct consumption; whereas the quantities are established for the seven periods as from 1 April 1993 and take account of the various factors relating to the scheme in the past;Whereas in particular, a Community reserve was created at the start of the scheme to take account of the difficulties created for certain Member States by the implementation of a scheme for controlling milk production; whereas the said reserve had been increased several times to meet the special needs of certain Member States and certain producers; whereas in the light of this experience the various parts of the Community reserve should be incorporated into the guaranteed total quantities and the reserve be abolished;Whereas the Council has decided, in the context of the reform of the common agricultural policy, to take a definitive decision on the level of the total quantities to apply during the first of the two periods of twelve months, in the light, in particular, of a report on the market situation which the Commission will present before each of these periods;Whereas if any of the total guaranteed quantities is overrun, the consequence for the Member State is that the producers who contributed to the overrun must pay the levy; whereas the levy on deliveries and sales for direct consumption should be fixed at 115 % of the target price for milk; whereas a difference in rates is no longer justified if producers are placed in a comparable position as regards the calculation of the levy;Whereas, in order to keep the management of the scheme sufficiently flexible, provision should be made for individual overruns to be equalled out over all the individual reference quantities of the same type within the territory of a Member State; whereas in the case of deliveries, which constitute nearly all the quantities marketed, the need to ensure that the levy is fully effective throughout the Community justifies, in principle, continuing to allow Member States the choice between two methods of equalling out overruns of individual reference quantities, bearing in mind the variety of milk production and collection structures; whereas, in this connection, Member States should be authorized not to reallocate unused reference quantities at the end of a period, whether nationally or between purchasers, and to use the amount collected in excess of the levy due for funding national restructuring programmes and/or to refund it to producers of certain categories or producers who find themselves in an exceptional situation;Whereas, in order to avoid, as in the past, long delays between collection and payment of the levy, which are incompatible with the scheme's objective, provision should be made for the purchaser, who seems in the best position to carry out the necessary operations, to be liable for the levy, and for him to be given the means to collect the levy from the producers who owe it;Whereas the individual reference quantity should be defined as the quantity available, irrespective of any quantities which may have been transferred temporarily, on 31 March 1993, the expiry date of the nine initial periods of application of the levy scheme; whereas the principles or provisions pursuant to which the said quantity must or may be reduced or increased under the extended scheme should be specified;Whereas, therefore, under the rules for determining the individual reference quantities, account should be taken of producers who have provisionally received a specific quantity under the scheme in the past;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;Whereas reference quantities for deliveries and direct sales should be adapted to reflect economic realities and whereas a producer should therefore be entitled to have a reference quantity increased or established where another is reduced or abolished commensurately, on condition that the request is duly justified by the need to take account of changes in his marketing requirements;Whereas experience has shown that that implementation of this scheme presupposes the existence of a national reserve to accommodate all those quantities which, for whatever reasons, are not, or are no longer, allocated individually; whereas a Member State may need to have reference quantities available to cater for special situations, determined by objective criteria; whereas it should be authorized, to this end, to top up its national reserve, especially following a linear reduction in all reference quantities;Whereas the temporary transfer of parts of individual reference quantities in Member States which have authorized this has proven to be an improvement to the scheme; whereas this facility should therefore be extended to all producers; whereas, however, implementation of this principle should not stand in the way of further structural change and adjustment, nor fail to take account of the resulting administrative difficulties;Whereas when the additional levy system was brought in in 1984, the principle was established that when an undertaking was sold, leased or transferred by inheritance, the corresponding reference quantity was transferred to the purchaser, tenant or heir; whereas this original decision should not be changed; whereas, however, national provisions to safeguard the legitimate interests of the parties should be implemented in all cases of transfer, where the parties are not in agreement;Whereas, in order to continue restructuring milk production and improving the environment, certain derogations to the principle linking reference quantities to holdings should be extended, and Member States should be authorized to continue implementing national restructuring programmes and to organize some degree of mobility for reference quantities within a given geographical area, on the basis of objective criteria;Whereas the purpose of the levy provided for in this Regulation is to stabilize the market in milk products; whereas the revenue accruing from this Regulation should therefore be used for financing expenditure in the milk sector,HAS ADOPTED THIS REGULATION:
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