10.7.2001 Official Journal of the European Communities L 18719 COMMISSION REGULATION (EC) No 1392/2001 of 9 July 2001 laying down detailed rules for applying Council Regulation (EEC) No 3950/92 establishing an additional levy on milk and milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector (!), as last amended by Commission Regu- lation (EC) No 603/2001 (3, and in particular Article 11 thereof, Whereas: 1) In order to take account of the new provisions of Regu- lation (EEC) No 3950/92, as amended by Regulation (EC) No 12561999 (%), as well as the experience gained over the years, it is appropriate to amend and, where necessary, to simplify certain provisions of Commission Regulation (EEC) No 536/93 of 9 March 1993 laying down detailed rules on the application of the additional levy on milk and milk products (%), as last amended by Regulation (EC) No 1255/98 (°), and also certain provi- sions of Commission Decision 93/673/EC of 10 December 1993 fixing the flat-rate reduction to advances on the entry of agricultural expenditure in the accounts in the event of non-compliance with the provi- sions relating to the forwarding of the annual question- naire on the application of the arrangements for addi- tional levies in the milk sector introduced by Council Regulation (EEC) No 3950/92 (°). Since these amend- ments are to be made, Regulation (EEC) No 536/93 should be recast in the interests of clarity, so as to include the provisions of Decision 93/673/EC. This Regulation concerns, first, the additional factors necessary for the final calculation of the levy payable by producers, secondly, the measures to ensure payment of the levy in good time and lastly, the rules on checks to ensure that the levy has been correctly collected. The characteristics of milk which are considered to be representative should be specified, and in particular the way its fat content is to be taken into account when drawing up the definitive statement of quantities deliv- ered. That calculation is based on a reference fat content which must, like the individual reference quantity to which it is related, be that recorded on 31 March 2002. 405, 31.12.1992, p. 1. 89, 29.3.2001, p. 18. 160, 26.6.1999, p. 73. 173, 18.6.1998, p. 14. 310, 14.12.1993, p. 44. () O] L () O] L () O] L () O] L 57, 10.3.1993, p. 12. () O] L () O L Special provisions are needed to cover cases where the reference quantity for deliveries is increased or estab- lished by converting a reference quantity for direct sales. Experience shows the need for very specific rules applic- able to milk producers who are beginning production. It is necessary to make it quite clear that under no circumstances can individual downward corrections relating to the fat content of delivered milk result in avoidance of the levy payment on any quantity in excess of the guaranteed total quantity in a Member State. In order to ensure that the arrangements run smoothly, it is vital, on the one hand, to check that the data communicated by purchasers and producers is accurate and that the levy due is paid before 1 September and, on the other hand, to ensure that the burden of the levy actually falls on the producers responsible for the overrun of the national reference quantities. To that end, Member States should be made to play a greater role in the controls and penalties they are required to introduce to ensure that the levy is collected correctly. It is also necessary to specify the deadlines and number of checks needed to allow verification within a given time limit that the arrangements have been complied with by all the parties involved. Penalties are therefore needed where these basic requirements are not met. In accordance with Article 2(4) of Regulation (EEC) No 3950/92, the Commission is responsible for laying down criteria for determining which priority categories of producer can benefit from reimbursement of the levy where the Member State has decided not to fully reallo- cate unused quantities in its territory. A Member State may be authorised to use other criteria, in consultation with the Commission, only in the event that the criteria laid down by the Commission cannot be fully applied in that Member State. Under Regulation (EEC) No 3950/92, purchasers bear prime responsibility for the proper implementation of the arrangements. It is therefore essential that Member States approve the purchasers operating in their territory and that detailed rules be laid down for cases where purchasers fail to comply with the Regulation. The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,