No L 112/18 Official Journal of the European Communities 25. 4. 85 COMMISSION REGULATION (EEC) No 1043/85 of 24 April 1985 amending for the ninth time Regulation (EEC) No 1371/84 laying down detailed rules for the application of the additional levy referred to in Article 5c of Regulation (EEC) No 804/68 in the milk and milk products sector THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products ('), as last amended by Regulation (EEC) No 591/85 (%), and in particular Article 5c (7) thereof, Having regard to Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the appli- cation of the levy referred to in Article 5c of Regula- tion (EEC) No 804/68 in the milk and milk products sector (°), as last amended by Regulation (EEC) No 590/85 (%), and in particular Article 7 (5) thereof, Whereas pursuant to Article 6 of Regulation (EEC) No 857/84 Member States may, for the purpose of deter- mining producers’ reference quantities in the case of direct sales, choose as a reference year the 1982 or 1983 calendar year and differentiate the figures appli- cable according to structural criteria; whereas there- fore the field of application of the detailed rules previously adopted as regards deliveries should be extended so as to include direct sales; Whereas pursuant to the second subparagraph of para- graph 1 and paragraph 4 of Article 7 of Regulation (EEC) No '857/84 Member States may, where land is transferred to the public authorities or where a non- renewable lease expires and cannot be extended on similar terms, provide that all or part of the reference quantity corresponding to the holding or to the part of the holding concerned is to be put at the disposal of the departing producer ; whereas that right constitutes a derogation from the principle laid down in the first subparagraph of Article 7 (1) whereby a reference quantity may not be transferred without the land; whereas the said derogation was introduced in order to overcome certain economic and social problems and allow producers to continue milk production ; whereas the extent of that derogation should therefore be specified ; () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 68, 8. 3. 1985, p. 5. () OJ No L 90, 1. 4. 1984, p. 13. () OJ No L 68, 8. 3. 1985, p. 1. Whereas Commission , Regulation (EEC) No 1371/84 (%), as last amended by Regulation (EEC) No 562/85 (%), should be amended accordingly ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, HAS ADOPTED THIS REGULATION : - Article 1 Regulation (EEC) No 1371/84 is hereby amended as follows : 1. Article 2 (2) is replaced by the following: 2. 'Where Member States make use of the option referred to in Article 6 (1) of Regulation (EEC) No 857/84 in order to modify the percentage used for determining the reference quantities of producers in the case of direct sales to consumers, the provi- sions of paragraph 1 above shall apply and “delive- ries” shall in such cases be replaced by “direct sales”’ 2. The following paragraph 3 is added to Article 2 : ‘3. Member States which make use of the option referred to in paragraphs 1 and 2 of this Article shall notify the Commission of the arrangements which they adopt.’ 3. In the first subparagraph of Article 4 (1), ‘during the 1981 calendar year is replaced by ‘during the reference calendar year'. 4. Article 4 (4) (a) is replaced by the following: ‘(a) to producers to whom paragraph 1 applies, a reference quantity corresponding to their direct sales in the 1981 calendar year plus 1 % or, as the case may be, in the 1982 or 1983 calendar year, corrected by a uniform percentage in () OJ No L 132, 18. 5. 1984, p. 11. () O] No L 64, 5. 3. 1985, p. 9.