27. 1. 90 Official Journal of the European Communities No L 22/7 COUNCIL REGULATION (EEC) No 201/90 of 22 January 1990 amending Regulation (EEC) No 2727/75 on the common organization of the market in cereals THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic: Communtiy, 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, Having regard to the opinion of the Economic and Social Committee (%), Whereas Article 4b of Regulation (EEC) No-2727/75 (%), as last amended by Regulation (EEC) No 3707/89 (), provides for the payment of the maximum additional co-responsibility levy at the beginning of the marketing year and, where appropriate, for its reimbursement in full or in part depending on the definitive harvest recorded ; Whereas the abovementioned arrangements lead to admi- nistrative .complications throughout.a substantial part-of the marketing year ; whereas they should accordingly be replaced by arrangements which, while maintaining appli- cation of the levy during the same marketing year, enable the ~abovementioned complications to be avoided by deferring to the following marketing year some of the consequences of the determination of the level of produc- tion of a given marketing year; whereas that objective may be achieved by setting an additional co-responsibility levy equal to 1,5 % of the intervention price for.common wheat of breadmaking quality which, after the first marke- ting year of application will be adjusted if necessary to take account of the percentage by which the production of the previous marketing year exceeds the maximum guaranteed quantity ; whereas however this adjustment may not lead to _the setting, for-thie marketing year in () OJ No C 260, 13. 10. 1989, p. 4.- (3) Opinion -delivered on-19- January 1990 (not yet.published in the Official Journal).- (?) Opinion delivered on 7 December 1989 (not yet published in the Official Journal). (9 OJ No L 281, 1. I1. 1975, p. 1. () OJ No L 363, 13. 12. 1989, p. 1. question, of an additional co-responsibility levy of more than 3 %, HAS ADOPTED THIS REGULATION : Article 1 Article 4b -of Regulation (EEC) No 2727/75 is hereby amended as follows : 1. paragraph 2 is replaced by the following : 2. ‘Where the cereal production from a marketing year exceeds the maximum guaranteed quantity referred to in paragraph 1, an additional co-responsibility levy shall be payable by producers, in proportion to the amount of the excess, within a limit of 3 %. It shall be set on the basis of the intervention price valid for common wheat of breadmaking quality at the beginning of the marketing year in question. Article 4 (1), (4), (6) and (7) shall apply to this addi- tional ‘levy. This levy shall be-applied in:the following way : — a flat-rate levy of 1,5 % of the intervention :price referred to above shall be applied from the begin- ning of the marketing year, — should the percentage by which the maximum guaranteed quantity, determined in" accordance with paragraph 4, be different from the percentage of the flat-rate levy, the flat-rate levy for the follo- wing marketing year shall be increased or reduced by the difference between the two. percentages . within a limit of 1,5%’; 2. in paragraph 4, ‘before 1 March™ is replaced by ‘in February'. Article 2 This Regulation shall enter into.force: on the day of its publication .in the Official Journal of the -European Communities. It shall apply from the 1990/91 marketing year.