1.4.84 Official Journal of the European Communities NoL90/13 COUNCIL REGULATION (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article 5¢ of Regulation (EEC) No 804/68 in the milk and milk products sector THE COUNCIL 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 856/84 (%), and in particular Article 5c thereof, Having regard to the proposal from the Commission, Whereas Article 5¢ of Regulation (EEC) No 804/68 instituted a levy payable by every producer or purchaser of milk or other milk products on quantities exceeding an annual reference quantity; whereas the amount of this levy should normally cover the cost of disposal of the milk exceeding the reference quantity; whereas, however, when the levy is charged to the purchaser, its application does not necessarily cover all the quantities of milk delivered by each producer and exceeding a quantity corresponding to that adopted in order to establish the purchaser’s reference quantity; whereas, in order to obtain equivalence of results, a higher levy should be fixed when it is payable by the purchaser; Whereas the reference quantity should be fixed on the basis of the quantity which corresponds to the 1981 calendar year already adopted for the determi- nation of the guarantee threshold referred to in Article 5b of Regulation (EEC) No 804/68, plus 1 %; whereas, however, for reasons to do with their production or collecting conditions, Member States should be enabled to adopt as a basis the quantity corresponding to the 1982 calendar year or to the 1983 calendar year, weighted by a percentage enabling the same results to be achieved. Whereas the Member States should be enabled to adapt the reference quantities to take into account the special situations of certain producers and to establish for this purpose, as necessary, a reserve within the abovementioned guaranteed quantity; () OJ No L 148, 28. 6. 1968, p. 13. (*) See page 10 of this Official Journal. Whereas, with a view to making it easier to apply the arrangements for the supplementary levy in Greece, bearing in mind the fact that its total milk production represents less than 1% of Community production and that the total number of purchasers in Greece is very high, all the purchasers in this Member State should be considered as one single purchaser; Whereas, with regard to producers’ direct sales to consumption, account should be taken of the tendency for such sales to decline and the quantity corresponding to the 1981 calendar year, increased by 1 %, should be taken as reference quantity; Whereas the scheme must, as a matter of overwhelming public interest, enter into force on 2 April 1984; whereas, to this end, transitional measures must be adopted so that the levy due from 2 April onwards can be collected reasonably promptly, HAS ADOPTED THIS REGULATION: Article 1 1. The levy referred to in Article 5¢ of Regulation (EEC) No 804/68 is hereby fixed at: — 75 % of the target price for milk, where formula A 15 applied, — 100 % of the target price for milk, where formula B is applied, — 75 9% of the target price for milk, where there is direct sale to consumption. 2. ‘Region’ within the meaning of Article 5¢ (1) of Regulation (EEC) No 804/68 is defined as meaning all or part of the territory of a Member State having geographical unity and in which the natural conditions, the structures of production and the average yields of the herds are comparable. The implementation in this region of formula A or B shall comply with one or more of the following criteria: — administrative viability, — the need to facilitate structural change and adap- tation, — regional  development  requirements,  one consideration being the need to avoid deserti- fication of certain areas. The Member States shall send annually to the Commission before 1 January, but for the first time before 1 May 1984, a list of regions with indication of the formula chosen for each of these.