No L 57/12 Official Journal of the European Communities 10. 3. 93 COMMISSION REGULATION (EEC) No 536/93 o of 9 March 1993 laying down detailed rules on the application of the additional levy on milk and ‘milk products THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3950/92 of 28 December 1992 establishing an additional levy in the milk and milk products sector ('), and in particular Article 11 thereof, Having regard to Council Regulation (EEC) No 3813/92 of 28 December 1992 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (3, and in particular Article 1 thereof, Whereas the application of the arrangements regarding the additional levy on milk and milk products were extended in accordance with Regulation (EEC) No 3950/92 for a further seven consecutive 12 month periods from 1. April 1993; whereas that Regulation repeals the previous provisions concerned and replaces them ; whereas new detailed rules for the application of Regulation (EEC) No 3950/92 should accordingly be laid down and the detailed rules which the Commission adopted under the previous arrangements should "be repealed ; Whereas this Regulation concerns firstly the additional factors necessary for the final calculation of the levy payable by producers, secondly the measures to ensure payment of the levy in good time and lastly the rules on checks permitting verification of proper collection of the levy; Whereas the characteristics of milk which are considered to be representative and in particular the way its fat content is to be taken into account when the final quanti- ties is based on a reference fat content, which must, like the individual reference quantity to which it is related, be that available on 31 March 1993 ; whereas special provi- sions must cover cases where the reference quantity for deliveries is increased or established by converting a reference quantity for direct sales ; whereas the experience gained demonstrates the need for very specific rules appli- cable to milk producers beginning production ; () OJ No L 405, 31. 12. 1992, p () OJ No L 387, 31. 12. l992,p 1 Whereas it is necessary to make it quite clear that under no circumstances can individual downward corrections relating to the fat content of delivered milk result in a deduction from the levy payment of any quantity in excess of the guaranteed total quantity in a Member State ; Whereas experience gained has shown that major delays in both the transmission of figures on collections or direct sales and payment of the levy, have prevented the arran- gements from being fully effective ; whereas, therefore, lessons should be learned from the past and the necessary conclusions drawn by laying down strict requirements as regards notification and payment deadlines and providing for penalties where deadlines are not met; Whereas pursuant to Article 2 (4) of Regulation (EEC) No 3950/92 the Commission is responsible for laying down criteria for determining which priority categories of producer are to benefit from reimbursement of the levy where the Member State has decided not to fully reallo- cate unused quantities in its territory ; whereas a Member State may only be authorized to use other criteria, in agreement with the Commission, in the event that the criteria laid down by the Commission cannot be fully applied in that Member State ; Whereas under Regulation (EEC) No 3950/92 purchasers bear chief responsibility for the correct implementation of the arrangements; whereas it is therefore essential that Member States approve the purchasers operating in their territory ; Whereas, lastly, the Member States must have suitable means of conducting ex-post checks to verify whether and to what extent the levy has been collected in accordance with the provisions in force ; whereas such checks must involve at least a certain number of measures which should be specified ; Whereas the Management Committee for Milk and Milk Products has not delivered an opinion within the time limit set by its chairman, HAS ADOPTED THIS REGULATION : Article 1 For the purposes of caiculating the additional levy intro- duced by Regulation (EEC) No 3950/92: