27.12. 89 Official Journal of the European Communities No L 378/3 CbtJNCIL REGULATION (EEC) No 3880/89 of 11 December 1989 amending Regulation (EEC) No 857/84 adopting general rules for the application of the levy referred to in Article 5¢- of Regulation (EEC) No 804/68 in the milk and milk products THE COUNCIL OF THE EUROPEAN- COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 804/68 of 27 June 1968 on the common organization of the market in milk and milk products (), as last amended by Regulation (EEC) No -3879/89 (2), and in particular ;Ani'cle 5c (6).. thereof, Hairing regard to the proposal from the Commission, Whereas Regulation (EEC) No 857/84 (3), as last amended by Regulation (EEC) No 1117/89 (*), fixes the additional levy and specifies the rules for determining the reference quantities for purchasers and producers; Whereas an analysis of the way the additional levy arrangements operate has shown an increasing tendency to produce more than the allocated reference quantities; whereas this tendency is due to the weakening of the binding - effect of the arrangements; whereas the additional levy should be raised so as to strengthen the dissuasive effect; Whereas the special situation of certain producers may be taken into account by the Member State for the allocation.of . additional or special reference quantities; whereas an analysis of the way the additional levy arrangements operate has also shown that the abovementioned provisions must be supplemented either for.certain’ producers whose situation continues to cause concern, such producers being determined - in each Member State on the basis of the objective criteria, or for all the producers in the Member States where, owing in particular to a linear reduction in the reference quantities, the implementation of Articles 3 and 4 of Regulation (EEC) No 857/84 has been effected by using the national reserve; whereas to that end the Community reserve has been increased as a result of a reduction of 1% in the guaranteed total quantities; whereas, in- addition, where special or additional reference quantities have been allocated to producers with priority by the Member State concerned in excess of its guaranteed total quantity, the gnantities which the Member State may have at its disposal in the Community - (*) OJ NoL 148, 28. 6. 1968, p. 13. (2) See page 1 of this Official Journal. () OJNoL 90, 1. 4. 1984, p. 13, (4 OJ NoL 118, 29. 4. 1984, p. 10. reserve should not be allocated to the abovementioned- producers but the overrun recorded should be reduced; Whereas, under the terms of Article 4 (1) (a) of Regulation (EEC) No 857/84, Member States may introduce national programmes for the purchase of reference quantities; whereas the Community provisions for- the conditions of access -of  producers to these programmes set certain requirements with regard to the quantities to be - discontinued; whereas it appears necessary after six years of application of the additional levy arrangements to relax these- requirements, since otherwise the effectiveness of the said programmes would be impaired, HAS ADOPTED THIS REGULATION: Article 1 Regulation  (EEC) No 857/84 is hereby amended as follows: 1. in Article 1 (1) first and second .indents, ‘100%’ is replaced by ‘115%’; 2. the following Article is inserted: ‘Article 3b 1. For the purposes of determining the reference quantities referred to in Article 2, the Member State may ‘grant additional or special reference quantities within a limit of 1 % of the guaranteed total quantity fixed in the second subparagraph of Article 5¢-(3) of Regulation (EEC) No - 804/68: — to producers as referred to in Articles 3 and 4 (1) (b), — to producers determined in particular on the basis of one or more of the following criteria: — producers who are new entrants,. — -producers whose individual reference quantities are less than or equal to 60 000 kilograms, — the siting of milk production in one of the zones as defined in Article3 (3), (4) and (5) of Directive 75/268/EEC (*), as last amended by Regulation (EEC) No 797/85 (**),