I ~ t2 oo o Official Journal of the European Communities No L 35/35 COMMISSION DECISION of 7 December 1984 relating to a proceeding under Article 85 of the EEC Treaty (1V/28.930 — Milchférderungsfonds) (Only the German text is authentic) (85/76/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES. Having regard to the Treaty establishing the Euro- pean Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing - Articles 85 and &6 of the Treaty ('), as last amended by the Act of Accession of Greece, and in particular Article 3 thereof. Haoving regard to Council Regulation No 26 of 4 April 1962 applying certain rules of competition to production of and trade in agricultural products (2), as amended by Regulation No 49 (3), and in parti- cular Articles 1 and 2 thereof, Having regard to the Commission Decision of 22 June 1982 to initiate proceedings in this case, H:iving heard the Milchférderungsfonds pursuant to Ariicle 19 of Regulation No 17 and Commission Regulation No 99/63/EEC of July 1963 on the hearings provided for in Article 19 (1) and (2) of Council Regulation No 17 (4), After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, Whereas: I. THE FACTS (1) The Milchforderungsfonds (Milk Promotion Fund — ‘MFF’) was set up by decision of the Presidents of the German Farmers’ Union (Deutscher Bauernverband) and the German Raiffeisen Association (Deutscher Raiffeisen- verband) on 1 January 1955 with the task of promoting the quality and sales of milk and dairy products. It is administered by an asso- ) OJ No 13,21.2.1962, p. 204/62. ) OJ No 30, 20. 4. 1962, p. 993/62. ) OJNo53,1.7.1962, p. 1571/62. ) OJ No 127, 20.&. 1963, p. 2268/63. ciation (‘Gesellschaft biirgerlichen Rechts’) formed by the German Farmers’ Union and German Raiffeisen Association and their res- pective Land (State) associations and the Central Association of Private Dairies (Zen- tralverband der Privatmolkereicn). (2)  Under the Guidelines of 1 January 1955 on the Financing and Use of the MFF, as last amended on 7 February 1973 (%), its resources may be used for the following purposes: (a) the financing of measures to enhance the quality of dairy products, to carry out sys- tematic advertising, to improve the supply of liquid milk and dairy products to the consumer, and otherwise to promote the quality and sale of milk and dairy prod- ucts; (b) the financing of such stocks of dairy products as are deemed necessary to regu- late the domestic market bv the Board of the MFF in consultation with the Federal Minister for Food, Agriculture and For- estry. (3) The MFF is financed by a voluntary levy on each litre of milk delivered to dairies, which is collected with the producer’s consent by the milk cooperatives and private dairies. The amount of the levy is determined by the MFF Board and may not exceed DM 0,005. The levy is currently DM 0,0005. The levies are paid in full into a trust account of the local Land Farmers” Union or Raiffeisen Associa- tion or branch of the Central Association of Private Dairies and from there are transferred (*) The ("i-uidelines form part of the decision of | January 1955 setting up the MFF.