No L 187/8 Official Journal of the European Communities 29.7.93 COUNCIL REGULATION (EEC) No 2055/93 of 19 July 1993 allocating a special reference quantity to certain producers of milk and milk products THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European ‘Bconomic Community, and in particular Article 43 " thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (3), Whereas certain producers of milk and milk products, as a result of having given an undertaking not to market milk or to convert dairy herd, did not supply or sell risk or milk products from their holding during the reference year adopted by the Member States in the context of the implementation of the quota system ; whereas in conse- quence those producers were not allocated a reference quantity ; Whereas Council Regulation (EEC) No 857/84 of 31 March 1984 adopting general rules for the application of the levy referred to in Article Sc of Regulation (EEC) No 804/68 in the milk and milk products sector (%) has been amended successively in favour of those producers by Regulations (EEC) No 764/89(% and (EEC) No 1639/91 (%); Whereas the Court of Justice in its Judgment of 3 December 1992 in Case C 224/90 declared invalid the second indent of Article 3a (1) of Regulation (EEC) No 857/84 as provided for in the abovementioned Regu- lations (EEC) No 764/89 and (EEC) No 1636/91 in so far as it excludes from the allocation of a special reference quantity the transferees of a premium granted pursuant to . Council Regulation (EEC) No 1078/77 of 17 May 1977 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds (¢), whereas the transferees have already obtained a reference quantity for another holding pursuant to Article 2 or 6 of Regulation (EEC) No 857/84; Whereas the Court of Justice was thereafter minded, in a Judgment handed down on 19 May 1993 in the Case C-81/91, to give an interpretation on the principle of and arrangements for allocating a special reference quantity in the case of a partial transfer of a holding on which such a () OJ No C 107, 17. 4. 1933, p. 9. () OJ No C 176, 28. 6. 1993. () OJ No L 90, 1. 4. 1984, p. 13. () O No L 84, 29. 3. 1989, p. 2. % OJ No L 150, 15. 6. 1991, p. 35. (& OJ No L 131, 26. 5. 1977, p. 6. 1. Regulation as last amended by Regulation (EEC) No 1300/84 (O] No L 125, 12. 5. 1984, p. 3). - quantity was already available pursuant to Article 3a of Regulation (EEC) No 857/84; Whereas Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector(’) repealed Regulation (EEC) No 857/84 with effect from 1 April 1993 ; whereas the inferences should be drawn from the abovementioned " Judgments by adopting a new regulation, having as its object that of allocating, under certain conditions, a special reference quantity to the transferee of all or part of a holding and who had been excluded from such an allo- cation ; ‘Whereas in order to take fully into account the decisions of the Court of Justice, it is necessary to adopt provisions that vary depending on whether all or part of the holding has been transferred and in the latter case, whether the holding had or had not already received a special reference quantity pursuant to Article 3a of Regulation (EEC) No 857/84; Whereas pursuant to Article 3a of Regulation (EEC) No 857/84 the special reference quantity is provisionally, and subsequently definitively, allocated subject to compliance with certain conditions; whereas the said conditions specify in particular that the applicant concerned must effectively recommence activity as a milk producer which he had to abandon completely; whereas in the present case the transferees concerned are active milk producers, in accordance with Article 9 (c) of Regulation (EEC) No 3950/92 ; whereas, therefore, for the allocation of the special reference quantity they cannot be subject to conditions that are identical with those laid down in Article 3a of Regulation (EEC) No 857/84; Whereas if the holding, of which part has been trans- ferred, has already received a special reference quantity pursuant to Article 3a of Regulation (EEC) No 857/84, the said quantity should be shared, in accordance with the Judgment of the Court of Justice of 19 May 1993, between the transferor and- transferee and the necessary rules for such sharing should be drawn up, without preju- dice, however, to the possibility of the Member States to have recourse to the national reserve, in cases of neces- sity ; Whereas, should recourse be had to the national reserve, either by way of obligation or option, it should be stipu- lated that this reserve is to be replenished particularly for () OJ No L 405, 31. 12. 1992, p. 1. Regulation as last amended by Regulation (EEC) No 1560/93 (O] No L 154, 25. 6. 1993, p- 30). :