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Whereas Regulation (EEC) No 1637/91 (3) introduces in particular a Community scheme to finance the definitive discontinuation of milk production and provides, where certain eligibility requirements are met, for compensation to be paid after the definitive discontinuation of all milk production not later than 31 March 1992; whereas that Regulation contains in its Annex a financial amount per Member State; Whereas Article 2 (5) of that Regulation provides that, in cases where the financial amounts are not entirely used up, the amounts remaining available are to be used for the payment of compensation to all of the producers whose reference quantity has been reduced; whereas in certain Member States, this provision has prevented Community financing from continuing to be allocated to the scheme for the definitive discontinuation of milk production;

Whereas the Council, by means of Regulation (EEC) No 1560/93 amending Regulation (EEC) No 3950/92 establishing an additional levy in the milk products sector (4), allocated a contribution of ECU 40 million to the national programmes for the definitive discontinuation of milk production; whereas the present situation requires, in several respects, that the national reserves be replenished; whereas, as a result, provision should be made for the possibility of derogating from Article 2 (5) of Regulation (EEC) No 1637/91 in order to re-allocate to the national programmes for the definitive discontinuation of milk production the amount remaining available under Community financing provided for the payment of compensation to all producers, HAS ADOPTED THIS REGULATION: