Commission Regulation (EC) No 595/2004Show full title

CHAPTER III U.K. PAYMENT OF THE LEVY

Article 13 U.K. Notification of the levy

1. In the case of deliveries, the competent authority shall notify or confirm to purchasers the contributions to the levy payable by them after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities either directly to the producers concerned or, as the case may be, to purchasers with a view to their subsequent allocation among the producers concerned.

2. In the case of direct sales, the competent authority shall notify to producers the contributions to the levy payable by them after reallocating, or not, by decision of the Member State, all or part of the unused reference quantities directly to the producers concerned.

3. No reallocation shall be made at national level of unused quantities between delivery and direct sales reference quantities.

[F1 Article 14 U.K.

The operative event for the exchange rate applicable to the payment of the levy referred to in Article 1 of Regulation (EC) No 595/2004 shall be that referred to in Article 5(6) of Commission Regulation (EC) No 1913/2006 (1) .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1913/2006 of 20 December 2006 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations.

Article 15 U.K. Time limit for payment

[F2 1. Before 1 October each year, purchasers and, in the case of direct sales, producers liable for the levy shall pay the competent authority the amount due in accordance with rules laid down by the Member State, purchasers being responsible for collecting the surplus levy on deliveries due by producers pursuant to Article 79 of Regulation (EC) No 1234/2007, in accordance with Article 81(1) of that Regulation.

Without prejudice to the application of Articles 107 to 109 of the Treaty on the Functioning of the European Union, Member States may decide that the payment of the amount due related to the 12-month period beginning on 1 April 2014 takes place in three yearly instalments without interest.

The first yearly payment, representing at least 1/3 of the total amount due, shall be made by 30 September 2015 . By 30 September 2016 at least 2/3 of the total amount due shall be paid. The total amount shall be settled by 30 September 2017 .

Member States shall ensure that the producers are the beneficiaries of such an instalment scheme.]

2. Where the time limit for payment referred to in paragraph 1 is not complied with, the sums due shall bear interest annually at the three-month reference rates applicable on 1 [F3 October] each year, as referred to in Annex II, plus one percentage point.

The interest shall be paid to the Member State.

[F3 3. The Member States shall declare to the European Agricultural Guarantee Fund (EAGF) the amounts resulting from the application of Article 3 of Regulation (EC) No 1788/2003 together with the expenditure declared in respect of November each year.

Where pursuant to Article 26(3) of this Regulation, the Member States communicate an update of the questionnaire provided for in paragraph 1 of that Article, the resulting adjusted amounts shall be declared to the EAGF at the latest together with the expenditure declared in respect of the month before which the questionnaire shall be communicated.]

4. Where the set of documents referred to in Article 3(5) of Commission Regulation (EC) No 296/96(2) shows that the time limit referred to in paragraph 3 of this Article has not been met, the Commission shall reduce advances on entry in the accounts of agricultural expenditure in proportion to the amount due or an estimate thereof, in accordance with Article 3(2) of Regulation No 1788/2003.

Textual Amendments

F2 Substituted by Commission Implementing Regulation (EU) 2015/517 of 26 March 2015 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.

F3 Substituted by Commission Regulation (EC) No 1468/2006 of 4 October 2006 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.

[F3 Article 16 U.K. Criteria for redistributing the excess levy

1. Where appropriate, Member States shall determine the priority categories of producers referred to in Article 13(1)(b) of Regulation (EC) No 1788/2003, on the basis of one or more of the following objective criteria:

(a) formal acknowledgement by the competent authority of Member State that all or part of the levy has been wrongly charged;

(b) the geographical location of the holding and primarily mountain areas within the meaning of Article 18 of Council Regulation (EC) No 1257/1999 (3) ;

(c) the maximum stocking density on the holding for the purpose of extensive livestock production;

(d) the individual reference quantity is exceeded by less than 5 % or less than 15 000 kg, whichever is the lowest;

(e) the level of individual reference quantity is less than 50 % of the national average individual reference quantity;

(f) other objective criteria adopted by the Member State after consulting the Commission.

2. The redistribution of the excess levy shall be completed 15 months after the end of the 12 month period in question at the latest.]

Textual Amendments

F3 Substituted by Commission Regulation (EC) No 1468/2006 of 4 October 2006 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.

[F4 Article 16a U.K. Use of the 1 % levy non-payable to the EAGF

Where pursuant to Article 3(1) of Regulation (EC) No 1788/2003, the 1 % levy not payable into the EAGF exceeds the amount necessary to cover cases of bankruptcy or definitive inability of certain producers to pay the levy, Member States may use the excess in accordance with Article 13(1) of that Regulation.]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 1468/2006 of 4 October 2006 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.

Article 17 U.K. Charge of the levy

Member States shall take all the measures necessary to ensure that the levy is correctly charged and that it falls on the producers who contributed to the overrun.

(1)

[F1 OJ L 365, 21.12.2006, p. 52 .]

(2)

OJ L 39, 17.2.1996, p. 5.

(3)

[F3 OJ L 160, 26.6.1999, p. 80 .]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1913/2006 of 20 December 2006 laying down detailed rules for the application of the agrimonetary system for the euro in agriculture and amending certain regulations.

F3 Substituted by Commission Regulation (EC) No 1468/2006 of 4 October 2006 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector.