23.12.2004 Official Journal of the European Union L 3751 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2217/2004 of 22 December 2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 37(2) thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (%), rities within the limit of their national reference quantity for the 12-month period of 1999/2000 set out in Annex I to Council Regulation (EEC) No 3950/92 of 28 September 1992 establishing an additional levy in the milk and milk products sector(®) and a budgetary ceiling provided for in Article 96(2) of Regulation (EC) No 1782/2003. Both the reference quantity and the ceiling have been calculated for Austria without taking into account the individual reference quantities for the Kleinwalsertal (Community of Mittelberg) and the Community of Jungholz. Article 47(2) of Regulation (EC) No 17822003 provides for the inclusion of dairy payments in the single payment scheme provided for by that Regulation in 2007. Whereas: However, Article 62 of the same Regulation authorises the Member States to anticipate the inclusion of such payments from 2005. The inclusion of the dairy (1) Due to the geographic location of the Kleinwalsertal premium is foreseen in Germany as from 2005, while (Community of Mittelberg) and the Community of Jungholz, which are situated within the Austrian territory and only accessible by road from Germany, the milk of their producers has been delivered to German buyers. in Austria it will take place at a later stage. To permit a practical and correct administration of the dairy premium and its inclusion in the Single Payment Scheme, Regulation (EC) No 1782/2003 should be amended in such a way that, for Germany and Austria, the reference quantities and the budgetary ceiling, (2)  Since Regulation (EEC) No 804/68 of the Council of 27 referred to in Articles 95(4) and 96(2), take into June 1968 on the common organisation of the market in account the milk reference quantities of the producers milk and milk products(?), as amended by Regulation of the regions concerned. Consequently, it is also appro- (EEC) No 856/84 (%), has introduced the Community priate to modify Annex I to Regulation (EC) No milk quota system, the milk marketed by these 1788/2003 of 29 September 2003 establishing a levy producers has been taken into account in the estab- in the milk and milk products sector in order to lishment of the German milk reference quantities. convert the reference quantities of producers concerned into Austrian reference quantities as from milk quota year 2004/05. (3)  Council Regulation (EC) No 1782/2003(* has introduced direct payment for the dairy sector starting from the calendar year 2004. These payments are based on the individual reference quantities of producers concerned which are administered by Germany whilst, under that Regulation, the payment of the dairy premium should be carried out by the Austrian autho- (') Opinion of 14.12.2004 (not yet published in the Official Journal). () OJ L 148, 28.6.1968, p. 13. Regulation repealed by Regulation (EC) For the payments due in 2004, taking into account that the date for application has already expired, it is however appropriate to provide for a derogation to Article 2(b) of Regulation (EC) No 1782/2003 allowing Germany to pay the premium to farmers situated in the Austrian Klein- walsertal (Community of Mittelberg) and the Community of Jungholz, (®) OJ L 405, 31.12.1992, p. 1. Regulation repealed by Regulation (EC) No 1788/2003 (O] L 270, 21.10.2003, p. 123) and last amended by Commission Regulation (EC) No 739/2004 (O] L 116, 22.4.2004, p. 7). No 1255/1999 (OJ L 160, 26.6.1999, p. 48). () O] L 90, 1.4.1984, p. 10. () OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Regu- lation (EC) No 864/2004 (O] L 161, 30.4.2004, p. 48).