No L 196/6 Official Journal of the European Communities 5.8.93 COUNCIL REGULATION (EEC) No 2187/93 of 22 July 1993 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying on their trade THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas, when the additional levy scheme was introduced in 1984 in the milk and milk products sector, Commu- nity. legislation did not provide for the allocation of an individual reference quantity to producers who, as a result of an undertaking 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 (*), had not delivered or sold milk during the reference year adopted by the Member State ; Whereas, on the application of five producers, the Court of Justice, in its judgment of 19 May 1992 in Joined Cases C-104/89 and C-37/90, ordered the Community to make good the damage the said producers had suffered in so far as the original Community legislation did not in fact provide for the allocation of an individual reference quantity to them; Whereas, in a communication published in the Official Journal of the European Communities on 5 August 1992 (%), the institutions undertook to comply in full with the judgment of 19 May 1992 as regards all potentially qualifying producers; Whereas the sheer number of those potentially eligible makes it impossible to take each case into account on an individual basis and necessitates a solution based on a flat-rate approach, to be expressed in the form of an offer from the institutions to be accepted in full and final settlement or else rejected; whereas the factors on the basis of which the offer is calculated should be set out ; () OJ No C 157, 9. 6. 1993, p. 11. () Opinion delivered on 16 July 1993 (not yet published in the Official Journal). (>) Opinion delivered on 30 June 1993 (not yet published in the Official Journal). () OJ No L 131, 26. 5. 1977, p. 1. Regulation as last amended by Regulauon (EEC) No 1300/84 (OJ No L 125, 12. 5. 1984, p. (‘)OJN0C198 5. 8.1992, p. 4. Whereas a direct link should be drawn between the actual resumption of milk production in full compliance with the Community provisions which permitted such resump- tion and the existence of an injury consisting in the fact of not having been able to resume milk production in good time, despite the wishes of the person concerned; whereas, in the same spirit and to ensure that a producer has not resumed activity with the sole aim of speculating on the supposed asset value of the reference quantity allo- cated to him, both the broad entitlement to compensation and the amount of that compensation should be subject to certain conditions ; Whereas, furthermore, the Court of Justice in its judg- ment of 19 May 1993 in Case C-81/91 ruled that the Community legislation concerned must be interpreted as meaning that, in the case of the transfer of part of a holding where the transferee agrees to observe the non- marketing undertaking made by the transferor pursuant to Regulation (EEC) No 1078/77, the special reference quan- tity may be divided between the transferor and the trans- feree on the basis of the proportion of the land trans- ferred ; whereas in the ground of its judgment the Court of Justice states that the transferor cannot legitimately expect to receive the entirety of the special reference quantity after having disposed of part of his holding; Whereas as a result of that judgment it is necessary to take appropriate action in the present case and to provide, in the situation which is envisaged therein, that the annual quantity to be compensated in respect of a producer who has transferred part of his holding should also be reduced in proportion to the forage areas trans- ferred ; ‘Whereas, subject to the above, the quantity to be compen- sated must be calculated in accordance with the principles underlying the terms of the judgment of the Court of Justice of 19 May 1992; Whereas in their communication of 5 August 1992 the institutions waived, for the benefit of potential beneficia- ries and for the future, their right to plead the five-year time bar on claims laid down in Article 43 of the Statute of the Court of Justice; whereas it can furthermore be accepted that in the present case the injury ended only upon resumption of milk production ; whereas, therefore, for the benefit of all those concerned, the period for which compensation is being offered and the circum- stances under which the time bar on entitlement may once again come into effect should be stated ; whereas for administrative reasons it is necessary to stipulate that if