20. 3. 87 Official Journal of the European Communities No L 78/1 (Acts whose publication is obligatory) COUNCIL REGULATION (EEC) No 773/87 of 16 March 1987 amending Regulation (EEC) No 804/68 on the common organization of the market in milk and milk products THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (9, Whereas experience has clearly shown that the applica- tion of the additional levy scheme under formula B as specified in Article 5c of Council Regulation (EEC) No 804/68 (°), as last amended by Regulation (EEC) No 231/87 (*), has not proved a sufficient deterrent to produ- cers responsible for large excess quantities ; whereas an allocation of the quantities not used by the purchaser in proportion to the individual reference quantities of those producers responsible for the purchaser’s reference quan- tity’s being exceeded will make the additional levy scheme more rigorous ; whereas the rules on the opera- tion of formula B should be adjusted accordingly, provi- sion being made, however, for the possibility of deroga- tions for priority producers ; Whereas, in certain regions of the Community in which formula B applies and a choice is possible among a large number of different purchasers, provision should be made, with the aim of attaining, as far as possible, equal treatment for producers, for the possibility of collecting the additional levy from producers who exceed their indi- vidual reference quantities by a considerable amount, irrespective of whether or not their purchasers’ reference quantity has been exceeded; whereas, in order best to ensure the deterrent effect of the additional levy in this case, it is necessary, in the case of relatively large excess amounts, that this possibility should apply for the first () OJ No C 33, 11. 2. 1987, p. 7. () OJ No C 97, 24. 11. 1986, p. 112. () OJ No L 148, 28. 6. 1968, p. 13. () OJ No L 25, 28. 1. 1987, p. 3. time when the final accounts for the current marketing year are drawn up; Whereas Articles 6 and 7 of Regulation (EEC) No 804/68 provide for the introduction of permanent intervention arrangements for butter and for skimmed-milk powder ; Whereas these arrangements no longer function as a mechanism for short-term stabilization of the market during the period of heavy production but have come to provide a more attractive outlet for production than the normal market outlets ; Whereas, during the period when skimmed-milk produc- tion is low, adequate measures will be taken, if necessary, to ensure the stability of the market; whereas conse- quently the purchase of skimmed-milk powder by the intervention agencies should be restricted to the period 1 March to 31 August; Whereas, during the period of imposition of the addi- tional levy provided for in Article Sc of Regulation (EEC) No 804/68, the Commission should be given the power to adjust the intervention purchasing arrangements for butter and for skimmed-milk powder, in particular by suspending intervention buying while providing for the granting of aid to private storage for skimmed-milk powder and by increasing the possibility of disposing of milk products ; Whereas the Commission should be authorized to adopt appropriate provisions should it happen that the measures adopted in this Regulation lead to under-supply of dairies which are important suppliers of the market and to over- supply of dairies which have excessive recourse to inter- vention, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 804/68 is hereby amended as - follows : 1. In Article 5c (1), the second indent under the heading Formula B is replaced by the following three indents :