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"B COUNCIL REGULATION (EC) No 2467/98
of 3 November 1998
on the common organisation of the market in sheepmeat and goatmeat
(OJ L 312, 20.11.1998, p. 1)
Amended by:
Official Journal
No page date
"M1 Council Regulation (EC) No 1669/2000 of 17 July 2000 L 193 8 29.7.20001998R2467 — EN — 01.08.2000 — 001.001 — 1
COUNCIL REGULATION (EC) No 2467/98
of 3 November 1998
on the common organisation of the market in sheepmeat and goatmeat
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in
particular Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Having regard to the opinion of the Economic and Social Committee (2),
(1) Whereas Council Regulation (EEC) 3013/89 of 25 September 1989 on
the common organisation of the market in sheepmeat and goatmeat (3)
has been frequently and substantially amended (4); whereas for reasons
of clarity and rationality the said Regulation should therefore becodified;
(2) Whereas the operation and development of the common market in
agricultural products must be accompanied by the establishment of acommon agricultural policy involving common organisation of the
agricultural markets; whereas the form of such organisation may vary
from one product to another;
(3) Whereas, in order to attain the objectives set out in Article 39 of the
Treaty, in particular market stability and a fair standard of living forthe agricultural community concerned, it is necessary to retain certainarrangements facilitating adjustment of supply to market require-
ments; whereas, in particular, Community sheepmeat and goatmeat
producers should continue to be granted a premium to compensate forloss of income, and intervention measures should be continued;
(4) Whereas provision should be made for the fixing of a basic price at
which intervention measures will come into operation and which willprotect the Community market against price fluctuations on the world
market for certain products in the sector;
(5) Whereas the amount of the premium to be granted to producers,
determined on the basis of a Community single income loss, must take
account of the different specialisations of production systems in theCommunity; whereas, in order to limit any increase in the budget cost
in this sector, provision should be made for limiting the full rate of the
premium to 1 000 animals per producer in the less-favoured areaswithin the meaning of Directive 75/268/EEC (
5) and to 500 animals per
producer in other areas; whereas, above these figures, the premium
will continue to be paid at the reduced level of 50 %;
(6) Whereas it is opportune for administrative purposes that the latest date
for the payment of the premium should coincide with the end of the
budgetary year;
(7) Whereas the upward trend in ewe numbers in the Community and the
resulting substantial drop in prices are having serious repercussions onthe market balance; whereas, while being partly curbed by the variousmeasures, in particular as regards prices and stabilisers, this trend has
nevertheless resulted in an increase in production and in EAGGF
expenditure;
(8) Whereas, subject to special provisions applicable to producer groups,
an individual limit should be imposed on each producer, based on thetotal premiums granted for the 1991 marketing year to each producer;
(9) Whereas, in order to take account of trends in production throughout
the Community, this total should however be multiplied by a!B
(1) OJ C 313, 12.10.1998.
(2) OJ C 214, 10.7.1998, p. 72.
(3) OJ L 289, 7.10.1989, p. 1. Regulation as last amended by Regulation (EC)
No 1589/96 (OJ L 206, 16.8.1996, p. 25).
(4) See Annex II, Part B.
(5) OJ L 128, 19.5.1975, p. 1. Directive replaced by Regulation (EC) No 950/97 (OJ L
142, 2.6.1997, p. 1).1998R2467 — EN — 01.08.2000 — 001.001 — 2
coefficient established for each Member State and representing the
ratio between the total number of ewes eligible at the beginning of1989, 1990 or 1991 and the total number of eligible animals conferringentitlement to the premium for the 1991 marketing year; whereas,
however, special provisions should be adopted for Germany in order to
take account of certain specific problems in the new Länder ;
(10) Whereas new producers and existing producers whose reference flocks
are not in line with the normal trend in ewe numbers should not be
excluded from entitlement to the premium; whereas, to that end,
provision should be made for a national reserve made up initially of aflat-rate levy on the individual limits of all producers; whereasprovision should be made to increase the reserve in less-favoured
areas;
(11) Whereas changes in production may be made necessary by possible
alterations to the assets or production capacity of recipients; whereas,therefore, provision should be made that entitlements to the premiumacquired in respect of individual limits may be transferred under
certain conditions to other producers; whereas, in order to make the
system of transfer as flexible as possible, it is appropriate to allow thetransfer of rights to take place also without the transfer of the holding;
whereas it is appropriate to submit the transfer to rules which allow
some rights to be surrendered, without payment to the national reservein order that it can provide, in particular, rights for new entrants;
(12) Whereas, in order to take account of the fact that producers should be
permitted to reduce their production for a limited period, it is
appropriate to authorise the Member States to provide the option of a
temporary transfer of premium rights;
(13) Whereas it is opportune to establish a link between sensitive zones or
localities and the production of sheep and goats so as to ensure the
maintenance of this production especially in areas where there is no
other alternative;
(14) Whereas the individual ceiling placed on the premium per producer
leads to a limitation of the number of eligible ewes and goats;
(15) Whereas this measure renders nugatory limits per head for the purpose
of determining the amount of premiums to be paid in the sector,
without affecting the right to premiums which producers alreadyenjoy; whereas, therefore, provision should be made for the possibilityof rectifying individual limits;
(16) Whereas the grant of an individual limit per producer for obtaining the
right to the premium may give rise to administrative difficulties in the
case of certain groups of producers, in particular family groups, duringthe transfer of premium rights between members of the said groups;whereas, therefore, for reasons of correct administration, provision
should be made for certain groups to be exempted, under certain
conditions, from payment to the national reserve of the percentage ofrights provided for in the case of a transfer of rights without transfer of
holding; whereas that provision should not lead to an increase in
individual rights currently allocated in each Member State, nor giverise to the formation of new producer groups created with the sole aimof avoiding payment to the national reserve of the percentage of rights
provided for in the case of a transfer of rights without transfer of
holding;
(17) Whereas the individual limit was established on the basis of the total
amount of premiums granted for the 1991 marketing year for each
producer; whereas in Italy and in Greece, because that marketing year
was a year of transition between two different premium systems, anumber of producers were not able to submit an application for apremium for the 1991 marketing year for the number of eligible
animals they held; whereas, in order to remedy this situation, special
reserves should be created for Italy and for Greece corresponding tothe estimated maximum number of rights which the producersconcerned were unable to claim; whereas the competent authorities
of those two Member States should initially be allowed to grant new
rights up to the limit of the special reserve referred to above and then,subject to verification by the Commission of the correct allocation ofthe rights granted, in particular in the regions most affected, the
national reserves will be increased for Italy and Greece by the sum of
the rights newly granted with effect from the 1995 marketing year;!B1998R2467 — EN — 01.08.2000 — 001.001 — 3
(18) Whereas it is necessary to clarify the conditions under which special
provisions may be adopted by Germany in order to take account of thespecific problems which remain in the new Länder ;
(19) Whereas, in order to effect a smooth passage from the current
provisions in the territories of the new German Länder to the premium
regime applicable in the rest of the Community, certain temporary
measures may be found to be necessary;
(20) Whereas, within the framework of the production of sheepmeat and
goatmeat, environmental protection has become an important elementwhich must be taken into consideration; whereas Member States
should thus have the possibility of limiting or abolishing payments
under the premium regime for producers of sheepmeat and goatmeat,if the producer in question does not fully comply with the rules fixed
by the Member States with respect to the environment, subject to
compliance with the proportionality principle;
(21) Whereas, as regards intervention measures, provision should be made
for them to take the form of private storage aid, which least affectsnormal marketing of products;
(22) Whereas, as a general rule, whenever certain market price criteria are
met the decision to grant private storage aid should be taken in the
context of a tendering procedure; whereas however, that privatestorage aid could be made more effective if the amount of the aid isfixed in advance, where urgent recourse to private storage proves
necessary in the light of a particularly difficult market situation in one
or more quotation areas; whereas it is therefore necessary to authorisethe Commission to carry out advance fixing of the aid where such amarket situation has arisen, even if the market price criteria referred to
above have not been met;
(23) Whereas the purpose of the abovementioned premium is to ensure a
fair return for producers; whereas, however, in view of the possibilitiesfor disposal on the Community market and the Community’ s
international commitments, production of sheepmeat and goatmeat
should no longer be encouraged once the Community flock exceeds acertain level established in the light of the market situation; whereas tothat end provision should be made for reducing the degree of guarantee
afforded by the measures in question; whereas the maximum
guaranteed level should be fixed at that which obtained for ewes on31 December 1987 in the regions concerned and provision should bemade for its eventual revision;
(24) Whereas the introduction of individual limits by producers for the
granting of the premium by maintaining flock numbers at their existing
level, should reduce very appreciably the risk of budgetary over-spending; whereas, in these circumstances, the coefficient for reducingthe basic price referred to in Article 13(2) of this Regulation should be
fixed at the level adopted for the 1990 marketing year;
(25) Whereas trade arrangements, in combination with price arrangements,
premiums and intervention arrangements and containing a system ofimport duties, should serve to stabilise the Community market;
whereas this trading arrangement is based on the agreements
concluded in the framework of the Uruguay Round of multilateraltrade negotiations, hereinafter referred to as the ‘GATT Agreement’.
(26) Whereas the competent authorities should be placed in a position to
follow trade developments constantly in order to appraise market
developments and, when necessary, the possible application of
measures provided for in this Regulation; whereas, to that end,provision should be made for issuing import licences and, whereappropriate, the corresponding export licences providing a guarantee
to ensure the fulfilment of dealings for which the licences are sought;
(27) Whereas in order to prevent or counteract adverse effects on the
market in the Community due to the importation of certain agriculturalproducts, the importation of one or more of these products must besubject to additional import duties if certain conditions are fulfilled;
(28) Whereas under certain conditions, the Commission should be
empowered to open and administer tariff quotas arising under the
GATT Agreement;!B1998R2467 — EN — 01.08.2000 — 001.001 — 4
(29) Whereas, in addition to the system described above, provision should
be made to the extent necessary for its proper working, prohibiting inwhole or in part, when the situation on the market so requires, the useof inward or outward processing arrangements;
(30) Whereas the customs duty arrangements make it possible to dispense
with all other protective measures at the external frontiers of the
Community; whereas, however, the mechanism of common prices,
customs duties and levies may, in exceptional circumstances, provedefective; whereas in such cases, so as not to leave the Community
market without defence against disturbances that may consequently
arise, the import barriers that previously existed having been removed,the Community should be able to take all necessary measures withoutdelay; whereas these measures must be in conformity with the
obligations arising from the GATT Agreement;
(31) Whereas there are provisions for the possibility of measures to be
taken when a substantial price rise disturbs or threatens to disturb the
Community market; whereas the situation on the market demands thatsuch provision be extended to cover the case of a substantial fall inprices;
(32) Whereas restrictions on free movement resulting from the application
of measures intended to prevent the spread of animal diseases may
cause difficulties on the market of one or more Member States;
whereas provisions should be made for the introduction of exceptionalmarket support measures in order to remedy such situations;
(33) Whereas, in order to facilitate implementation of the proposed
measures, a procedure should be provided for establishing close
cooperation between the Member States and the Commission within a
management committee;
(34) Whereas the common organisation of the market in sheepmeat and
goatmeat must take appropriate account of the objectives set out inboth Article 39 and Article 110 of the Treaty;
(35) Whereas the proper working of the internal market based on a common
price system would be jeopardised by the granting of certain aids;whereas, therefore, the provisions of the Treaty which allow the
assessment of aid granted by Member States and the prohibition of that
which is incompatible with the common market should be made toapply to sheepmeat and goatmeat;
(36) Whereas expenditure incurred by the Member States in carrying out
obligations under this Regulation falls to the Community in accord-
ance with Council Regulation (EEC) No 729/70 of 21 April 1970 on
the financing of the common agricultural policy (
1),
HAS ADOPTED THIS REGULATION:
CHAPTER I
Scope
Article 1
The common organisation of the market in sheepmeat and goatmeat shall
comprise a price system and trading system and cover the following products.!B
(1) OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Regulation (EC)
No 1287/95 (OJ L 125, 8.6.1995, p. 1.1998R2467 — EN — 01.08.2000 — 001.001 — 5
CN code Description
(a) 0104 10 30 Lambs (up to a year old)
0104 10 80 Live other sheep other than pure-bred breeding animals
0104 20 90 Live goats other than pure-bred breeding animals
0204 Meat of sheep or goats, fresh, chilled or frozen
0210 90 11 Meat of sheep and goats, with bone in, salted, in brine, dried or
smoked
0210 90 19 Meat of sheep and goats, boneless, salted, in brine, dried or
smoked
(b) 0104 10 10 Live sheep — pure-bred breeding animals
0104 20 10 Live goats — pure-bred breeding animals
0206 80 99 Edible offal of sheep and goats, fresh or chilled, other than for
the manufacture of pharmaceutical products
0206 90 99 Edible offal of sheep and goats, frozen, other than for the
manufacture of pharmaceutical products
0210 90 60 Edible offal of sheep and goats, salted, in brine, dried or
smoked
ex 1502 00 90 Fats of sheep or goats, other than those in No 1503
(c) 1602 90 72
1602 90 74Other prepared or preserved meat of offal of sheep or goats,
uncooked; mixtures of cooked and uncooked meat or offal
(d) 1602 90 76
1602 90 78Other prepared or preserved offal of sheep or goats
CHAPTER II
Price, premium and intervention arrangements
Article 2
In order to encourage action by trade and joint trade organisations to facilitate
the adjustment of supply to market requirements, the following Community
measures may be taken in respect of the products listed in Article 1:
(a) measures to improve sheep and goat farming;(b) measures to promote better organisation of production, processing and
marketing;
(c) measures to improve quality;(d) measures to permit the establishment of short- and long-term forecasts on
the basis of the means of production used;
(e) measures to facilitate the recording of market price trends.General rules concerning these measures shall be adopted in accordance with
the procedure laid down in Article 43(2) of the Treaty.
Article 3
The basic price for the 2001 and following marketing years is hereby fixed at
EUR 504,07/100 kg carcase weight.
The seasonally adjusted basic price, which takes account of the normal
seasonal variations on the Community market in sheepmeat, is hereby fixedon a weekly basis as indicated in Annex III to this Regulation.!B
!M11998R2467 — EN — 01.08.2000 — 001.001 — 6
Save where a decision to the contrary is taken by the Council, acting by a
qualified majority on a proposal from the Commission, the marketing yearshall begin on the first Monday in January and shall end on the day precedingthat day in the following year.
Article 4
1. A weekly average weighted price for the carcasses of sheep, fresh or
chilled, on the representative Community markets shall be established on thebasis of the prices recorded on the representative market or markets of each
quotation area for the Community standard quality of fresh or chilled sheep
carcasses, account being taken of the relative volume of total sheepmeatproduction in each quotation area.
Quotation area shall mean:— Great Britain,
— Northern Ireland,
— every other Member State taken separately.
2. The Community quotation for the standard quality referred to in
paragraph 1 shall be the most widespread production, on average throughout
the Community, for flocks specialised in the production of sheepmeat whichproduce heavy lambs.
The Council, acting by a qualified majority on a Commission proposal:
— shall determine the standard quality,
— shall lay down a definition of lambs which are fattened as heavy
carcasses.
3. A producer of light lambs is to be understood as any sheep farmer
marketing sheep’ s milk products based on sheep’ s milk. All other sheep
farmers are to be understood as producers of heavy lambs.
4. Member States shall introduce, to the Commission’ s satisfaction and by
the 1991 marketing year at the latest, a mechanism for differentiating between
producers of heavy lambs and producers of light lambs.
5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 25.
Article 5
1. To the extent necessary to offset an income loss by sheepmeat producers
in the Community during a marketing year, a premium shall be granted.
To this end, a single income loss shall be determined which shall be deemed
to be any difference, per 100 kilograms carcass weight, between the basic
price referred to in Article 3(1) and the arithmetic mean of the weekly market
prices recorded in accordance with Article 4.
2. The premium payable per ewe to the producers of heavy lambs referred to
in Article 4(3) shall be obtained by multiplying the income loss referred to in
paragraph 1 of this Article by a coefficient expressing for the Community as awhole the annual average production of meat from heavy lambs per ewe
producing such lambs, expressed per 100 kilograms carcass weight.
3. The amount of the premium payable per ewe to the producers of light
lambs referred to in Article 4(3) shall be obtained by multiplying the income
loss referred to in paragraph 1 of this Article by a coefficient representing 80
% of the coefficient determined in accordance with the provisions ofparagraph 2 of this Article.
4. Each producer shall receive the premium calculated for the category in
which he is classified. However, a producer marketing sheep’ s milk or sheep’ smilk products will, if he can prove that at least 40 % of the lambs born on his
holding have been fattened as heavy carcasses with a view to their slaughter,
be able, at his request, to receive the premium for the heavy category, inproportion with the number of lambs born on his holding which are fattenedas heavy carcasses.
5. To offset an income loss by goatmeat producers, a premium shall be
granted:
(a) firstly, in the areas indicated in Annex I;!M1
!B1998R2467 — EN — 01.08.2000 — 001.001 — 7
(b) secondly, in the mountain and hill areas within the meaning of Article
23(1) of Council Regulation (EC) No 950/97 of 20 May 1997 onimproving the efficiency of agricultural structures (
1), other than the areas
indicated in Annex I to this Regulation, provided that it is established
following the procedure laid down in Article 25 that the production of
those areas meets the following two criteria:
— goat rearing is mainly directed towards the production of goatmeat,
— goat and sheep rearing techniques are similar in nature.
The premium payable per she-goat shall be 80 % of the amount per ewe in
accordance with paragraph 2.
6. Before the end of each half-year, the Commission shall — in accordance
with the procedure laid down in Article 25 — assess the foreseeable income
loss for the entire marketing year and the foreseeable amount of the premium.
On the basis of this estimated income loss, the Member States shall be
authorised to pay all their producers a half-yearly advance payment of 30 % of
the expected premium.
Member States may make provision for these two advance payments to take
the form of a single payment to producers as of the end of the second
half-year.
The amount of the final premium shall be determined without delay after the
end of the marketing year in question and not later than 31 March. Before 15
October of the same year, any balance, where appropriate, shall be paid.
Premiums shall be paid to recipient producers on the basis of the number of
ewes and/or she-goats kept on their holding over a minimum period to be
determined in accordance with the procedure laid down in Article 25.
7. Until the end of the 1994 marketing year premiums for producers of
sheepmeat and goatmeat referred to in this Article shall be paid at the full rate
within the limit of 1 000 animals per producer in the less-favoured areaswithin the meaning of Article 3(3), (4) and (5) of Directive 75/268/EEC andwithin the limit of 500 animals in other areas.
Outside the limits indicated in the first subparagraph, the premiums payable
shall until the end of the 1994 marketing year, be fixed at 50 % of the amount
to be calculated.
In the case of groups, associations or other forms of cooperation between
producers, the limits indicated in the first subparagraph shall be applied
individually to each of the member farmers.
8. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for implementing this Article, and in
particular shall define which producers may receive the premium and for
which ewes, and in the areas specified in paragraph 5, for which goats.
The Council, by the same procedure:
— may extend the premium to certain mountain-breed ewes raised in
precisely defined areas presenting particularly difficult productionconditions that do not qualify as eligible ewes: in such cases the
premium payable shall be 70 % of that for eligible ewes in accordance
with paragraph 2,
— may specify that the premium is to be granted only to producers keeping a
minimum number of ewes or, in the case of the areas specified in
paragraph 5, a minimum number of ewes and/or she-goats.
9. The Commission, acting in accordance with the procedure laid down in
Article 25:
— shall fix as appropriate the premium payable per ewe to the producers
specified in paragraphs 2 and 3 per mountain-breed female within the
meaning of paragraph 8 and per she-goat in the areas specified inparagraph 5,
— shall fix for the duration of each marketing year the coefficients referred
to in paragraph 2,
— shall adopt implementing rules for this Article covering, in particular, the
submission of premium applications and payment of the premium.!B
(1) OJ L 142, 2.6.1997, p. 1.1998R2467 — EN — 01.08.2000 — 001.001 — 8
10. Expenditure under the arrangements provided for in this Article shall be
deemed to form part of intervention for the purpose of stabilising agriculturalmarkets.
Article 6
1. An individual limit per producer is hereby introduced in respect of the
grant of the premium provided for in Article 5.
In the case of producers who have been granted the premium prior to the 1992
marketing year, the premium shall be paid for the 1993 marketing year andsubsequent years within the limits of the number of animals for which the
premium has been paid for the 1991 marketing year, such number being
multiplied by the coefficient referred to in paragraph 5.
However, where this coefficient is higher than one, Member States may
decide to use, in whole or in part, the additional number of rights to the
premium resulting therefrom in order to stock the national reserve referred to
in Article 7(1).
These limits shall be reduced in such a way as to enable the national reserve
referred to in Article 7(1) to be constituted.
2. In the case of natural circumstances which led to a non-payment or to a
reduced payment of the premium for the 1991 marketing year, the number of
animals corresponding to the payments made during the most recent
marketing year shall be used. In the case of non-payment of the premiumor of reduced payment for the 1991 marketing year, as a result of the
imposition of penalties provided for to that end, the number recorded during
the check which gave rise to those penalties shall be used.
3. In the case of groups, associations or other forms of cooperation between
producers, the limits laid down in paragraph 1 shall be applied individually toeach associate member in accordance with the following rule:
(a) where the group has notified the competent authority of the formula for
apportioning livestock referred to in Article 2(2) of CommissionRegulation (EEC) No 2385/91 (
1) in respect of the 1991 marketing year,
in accordance with Article 4 of that Regulation, those limits shall be fixed
for each producer member using that formula as a basis;
(b) where the group has not notified the competent authority of the formula
for apportionment referred to in (a) in respect of the 1991 marketing year,the premium shall be paid to the group in respect of not more than thenumber of animals for which it was granted to the group for the 1991
marketing year, in accordance with the rules laid down in paragraph 1.
An individual limit shall be fixed for each producer member in respect ofthe 1993 marketing year, in accordance with the allocation formula
communicated by the group.
In the event of subsequent changes in the membership of the group, account
shall be taken, when the premium is paid to the group, of the individual limitof each producer member who has joined or left the group.
4. Entitlement to the premium shall be subject to the following rules:(a) the right to premium attaches to producers who have been granted the
premium in respect of the 1991 marketing year and who have also applied
for a premium, under the 1992 marketing year;
(b) when a producer sells or otherwise transfers his holding, he may transfer
all his premium rights to the person who takes over his holding.
He may also transfer, in whole or in part, his rights to other producers
without transferring his holding. According to the procedure provided for
in Article 25, the Commission may draw up specific rules relating to theminimum number which could form the subject of the partial transfer.
In the case of a transfer without transfer of the holding, a part of the
premium rights transferred, not exceeding 15 %, shall be surrendered
without compensation to the national reserve of the Member State where
his holding is situated for free distribution to new entrants or otherpriority producers referred to in Article 7(2).!B
(1) OJ L 219, 7.8.1991, p. 15. Regulation as last amended by Regulation (EC)
No 2143/96 (OJ L 286, 8.11.1996, p. 10).1998R2467 — EN — 01.08.2000 — 001.001 — 9
However, with effect from the 1995 marketing year the third subpara-
graph shall not apply to groups of producers, in the case of a transfer ofrights between member of the same group of producers meetingconditions to be determined by the Commission in accordance with the
procedure provided for in Article 25.
These conditions should take into account at least:— the status of the group members,
— the length of time members have belonged to and participated in the
group,
— the composition of the group,
to the extent necessary not to jeopardise the application of the third
subparagraph;
(c) Member States:
— must take the necessary measures to avoid premium rights being
moved away from sensitive zones or regions where sheep productionis especially important for the local economy,
— may provide either that the transfer of the rights without transfer of
the holding is carried out directly between the producers or that it iscarried out through the intermediary of the national reserve;
(d) Member States may authorise, before a date to be fixed, temporary leases
of that part of the premium rights which the producer who is entitled
thereto does not intend to use;
(e) entitlement to the premium transferred or temporarily leased to a
producer shall be aggregated with that originally granted to him;
(f) the Commission shall lay down the detailed rules for implementing this
paragraph in accordance with the procedure provided for in Article 25,and in particular those rules which enable Member States to determine,
bearing in mind the structure of their flocks, the reduction referred to in
paragraph 1 and those enabling Member States to resolve specificproblems linked to the transfer of premium rights by producers who do
not own the areas on which their holdings are situated.
5. For the purpose of applying paragraph 1, Member States shall establish a
single coefficient representing the ratio between:
(a) the total number of eligible animals conferring entitlement to the
premium present at the beginning of one of the 1989, 1990 or 1991marketing years on the holdings of beneficiaries; and
(b) the total number of eligible animals conferring entitlement to the
premium for the 1991 marketing year.
Member States shall inform the Commission before 31 October 1992 of the
year which they have chosen for the purpose of point (a).
6. Member States shall recalculate the individual limits in such a way that
quantities above the limits of 500 and 1 000 animals referred to in Article 5(7)are reduced by 50 %. These recalculated limits shall apply with effect fromthe 1995 marketing year.
Article 7
1. Each Member State shall establish an initial national reserve equal to at
least 1 % and at most 3 % of the sum of the individual limits applicable to
producers whose holdings are situated in its territory. The national reserveshall also receive the entitlements pursuant to Article 6(4)(b).
For Germany, the initial national reserve shall be calculated on the basis of the
total number of the sum of the individual limits applicable to producers whoseholdings are situated in the former German Länder . This reserve concerns
only those producers.
In addition, for Italy and Greece a special reserve with a ceiling of 600 000
rights for each of those two Member States shall be established to permit thegranting of additional rights to producers affected by the fact that the changes
in the conditions of eligibility of animals for the premium and the introduction
of individual limits on the guarantee per producer based on the number ofpremiums paid for the marketing year both occurred in 1991.!B1998R2467 — EN — 01.08.2000 — 001.001 — 10
The Commission shall verify that the allocation of the additional rights to be
provided is to be limited to the producers concerned and that those producersdo not ultimately obtain more rights than would have been granted to them ifthe situation referred to in the third subparagraph had not occurred.
Subject to that verification and within the limit of the special reserve referred
to in the third subparagraph, the national reserve established pursuant to this
Article shall be increased by an amount corresponding to the sum of theadditional rights to be granted; that increase shall not affect the additionalreserve referred to in paragraph 3.
2. Member States shall use their national reserves to grant, within the limits
of the reserves, entitlements to the following producers in particular:
(a) producers who have submitted an application for a premium prior to the
1992 marketing year and who have shown, to the satisfaction of the
competent authority, that the application of the limits, pursuant to Article6, would jeopardise the viability of their holdings, taking intoconsideration the implementation of an investment programme in the
sheep and goat sector drawn up before 1 January 1993;
(b) producers who have submitted, in respect of the 1991 marketing year, an
application for a premium which, owing to exceptional circumstances,does not correspond to the true situation as ascertained in previousmarketing years;
(c) producers who have regularly submitted an application for a premium
without having submitted an application in respect of the 1991 marketing
year;
(d) producers who submit an application for a premium for the first time in
the 1993 or subsequent marketing years;
(e) producers who have acquired part of an area formerly used for sheep
and/or goat production by other producers.
3. An additional reserve shall be created equal to 1 % of the sum of the
limits of individual producers in the less-favoured areas of each MemberState; this reserve shall be allocated exclusively to producers in these same
areas in accordance with criteria to be defined by Member States.
For Germany, the additional reserve shall be equal to 1 % of the sum of the
individual limits applicable to producers whose holdings are situated in the
less-favoured areas of the former German Länder . This reserve concerns only
those producers.
4. Without prejudice to Article 6(4)(f), detailed rules for the application of
Article 6 and this Article shall be laid down in accordance with the procedure
provided for in Article 25.
In accordance with the same procedure measures applicable in cases where
the national reserve in a Member State is not allocated shall be adopted.
Article 8
1. By way of derogation from Article 6(1), for the new Länder of Germany:
(a) a regional ceiling of one million eligible animals shall be fixed;
(b) Germany shall determine the conditions for the distribution of this ceiling
and its regional breakdown.
2. In the territories of the new German Länder , not later than the marketing
year 2000, Germany shall apply the provisions on individual limits applicablein the rest of the Community, subject to the provisions of this Article.
Germany shall notify the producers of their individual limit per producer, in
respect of the granting of the premium provided for in Article 5. The
individual producer limit shall be determined on the basis of the number of
ewes for which premium was paid in the marketing year preceding the year inwhich notification to producers of their individual limits was made.!B1998R2467 — EN — 01.08.2000 — 001.001 — 11
3. In the case of natural circumstances which led to a non-payment or to a
reduced payment for the reference year, the number of animals correspondingto the payments made during the most recent marketing year shall be used. Inthe case of non-payment of the premium or of reduced payment for the
reference year, as a result of the imposition of penalties provided for to that
end, the number recorded during the check which gave rise to those penaltiesshall be used.
4. In the event that the sum of the individual limits of producers whose
holdings are situated in the new German Länder is less than the regional
ceiling fixed for this territory, the remaining rights shall be added to theGerman national reserve, referred to in Article 7(1). The new reserve thusconstituted shall be applicable in the entire German territory.
5. The Commission shall lay down, if necessary, the detailed rules for
implementing this Article in accordance with the procedure provided for inArticle 25.
Article 9
Member States may apply appropriate environmental protection measures on
the basis of the specific situation of the land used for the production of sheepand goats eligible for benefit under the premium scheme.
Member States which avail themselves of this possibility shall impose
penalties appropriate to and commensurate with the seriousness of the
ecological consequences of any breach of these measures. Such penalties mayprovide for the reduction or, where necessary, the abolition of the benefitslinked to the respective premium schemes. Member States shall inform the
Commission of the measures they take pursuant to this Article.
Article 10
1. By way of derogation from Article 6(1), (2), (3), (4)(a), (5) and (6), an
overall ceiling for the granting of the premium referred to in Article 5 shall be
set for Austria, Finland and Sweden. The total number of entitlements within
that ceiling shall be set at:
— 205 651 for Austria,— 80 000 for Finland,— 180 000 for Sweden.
These figures include both the quantities to be allocated initially and any
reserve established by these Member States.
2. On the basis of the ceilings set out in paragraph 1 individual limits shall
be assigned to producers in Austria, Finland and Sweden, at the latest on:
— 31 December 1996 for Austria,
— 31 December 1995 for Finland and Sweden.
3. The Commission shall adopt detailed implementing rules for this Article,
and in particular the necessary adjusting and transitional measures, inaccordance with the procedure laid down in Article 25.
Article 11
Intervention measures may take the form of private storage aid for carcasses
of lambs and cuts thereof.
Article 12
1. Where:
— the price established in accordance with Article 4 on the one hand, and— the market price in a quotation area referred to in Article 4(1) on the other
hand,
are lower than 90 % of the seasonally adjusted basic price referred to in
Article 3(2) and if they are likely to remain so, a decision may be taken to
grant private storage aid as provided for in Article 11 to the quotation area
concerned.!B1998R2467 — EN — 01.08.2000 — 001.001 — 12
2. Where:
— the price established in accordance with Article 4, on the one hand, and— the market price in a quotation area, on the other hand,are less than 70 % of the seasonally adjusted basic price and are likely to
remain at that level, the private storage aid provided for in Article 11 may bebrought in for the quotation area in question. In this case, aid shall beintroduced in the framework of a tendering procedure.
However, it may be decided to grant aid in the framework of an advance
fixing procedure where urgent recourse to private storage proves necessary in
the light of a particularly difficult market situation in one or more quotationareas. In such cases, this procedure may only be applied to those quotationareas where such a market situation has been established.
3. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt general rules for the application of this Article.
4. The procedure laid down in Article 25 shall be used to determine:(a) the products and product qualities admitted for private storage;(b) initiation of action under paragraphs 1 and 2;(c) the private storage aid, the quantities accepted and termination of the
period in respect of which aid may be granted;
(d) other rules for the implementation of this Article, in particular the
circumstances in which the intervention measures will be applied.
Article 13
1. The maximum guaranteed level is hereby fixed at 63 400 000 head of
ewes.
2. For each marketing year:— if the estimate of ewe numbers for the marketing year exceeds the
maximum guaranteed level for that year, the premium provided for inArticle 5 shall be reduced for both ewes and she-goats by the effect on the
basic price of a coefficient representing a reduction of 1 % for each 1 %
by which the maximum guaranteed level is extended,
— where the mechanism provided for in the first indent, applied to the
actual ewe numbers recorded for the preceding marketing year, leads to apremium different from that calculated, the correction shall be made at
the time of fixing the definitive premium for ewes for the marketing year
in question or, failing that, shall be included in the calculation of thepremium for the following marketing year.
When the ewe herd is estimated, no account shall be taken of the number of
ewes bred in the territory of the former German Democratic Republic.
3. Detailed rules for the application of this Article, and in particular the
coefficient and the premium referred to in paragraph 2, shall be adopted in
accordance with the procedure laid down in Article 25.
4. However, from the 1993 marketing year, the coefficient for reducing the
basic price referred to in paragraph 2 shall be 7 %.
CHAPTER III
Trade with third countries
Article 14
1. Imports into the Community, or exports therefrom, of any of the products
listed in Article 1 may be subject to presentation of an import or exportlicence.
Licences shall be issued by the Member States to any applicant, irrespective
of his place of establishment in the Community and without prejudice to
measures taken for the application of Article 17.!B1998R2467 — EN — 01.08.2000 — 001.001 — 13
Import and export licences shall be valid throughout the Community. The
issuing of such licences may be subject to the lodging of a securityguaranteeing that the products are imported or exported during the term ofvalidity of the licence; except in cases of force majeure , the security shall be
forfeited in whole or in part if import or export is not carried out, or is carried
out only partially, within that period.
2. The list of products for which export licences are required, the term of
validity of licences and other detailed rules for the application of this Articleshall be adopted in accordance with the procedure laid down in Article 25.
Article 15
1. Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1.
Article 16
1. In order to prevent or counteract adverse effects on the market in the
Community which may result from imports of certain products listed in
Article 1, imports of one or more of such products at the rate of duty laiddown in the Common Customs Tariff shall be subject to payment of an
additional import duty if the conditions set out in Article 5 of the Agreement
on agriculture concluded in accordance with Article 228 of the Treaty in theframework of the Uruguay Round of multilateral trade negotiations have beenfulfilled unless the imports are unlikely to disturb the Community market, or
where the effects would be disproportionate to the intended objective.
2. The trigger prices below which an additional duty may be imposed shall
be those which are forwarded by the Community to the World Trade
Organisation.
The trigger volumes to be exceeded in order to have the additional import
duty imposed shall be determined particularly on the basis of imports into the
Community in the three years preceding the year in which the adverse effectsreferred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cif importprices of the consignment under consideration.
Cif import prices shall be checked to that end against the representative prices
for the product on the world market or on the Community import market for
that product.
4. The Commission shall adopt detailed rules for the application of this
Article in accordance with the procedure laid down in Article 25. Such
detailed rules shall specify in particular:
(a) the products to which additional import duties may be applied under the
terms of Article 5 of the Agreement on agriculture;
(b) the other criteria necessary to ensure application of paragraph 1 in
accordance with Article 5 of the Agreement on agriculture.
Article 17
1. Tariff quotas for the products listed in Article 1 resulting from
agreements concluded in the framework of the Uruguay Round of multilateral
trade negotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 25.
2. Quotas shall be administered by applying one of the following methods or
a combination of them:
(a) method based on chronological order of the lodgement of applications
(‘first-come, first served’ principle);
(b) method of distribution in proportion to the quantities requested when the
applications were lodged (using the ‘simultaneous examination method’);
(c) method based on taking traditional trade patterns into account (using the
‘traditional/new arrival method’).
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators concerned.!B1998R2467 — EN — 01.08.2000 — 001.001 — 14
3. The methods of administration adopted shall, where appropriate, give due
weight to the supply requirements of the Community market and the need tosafeguard the equilibrium of that market, whilst at the same time possiblydrawing on methods which may have been applied in the past to quotas
corresponding to those referred to in paragraph 1, without prejudice to the
rights resulting from agreements concluded in the framework of the UruguayRound multilateral trade negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for annual
quotas, suitably phased over the year, if necessary, shall determine the
administrative method to be used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin of the product and,
where appropriate, the maintenance of traditional trade patterns;
(b) recognition of the document used for verifying the guarantees referred to
in (a); and
(c) the conditions under which import licences are issued and their term of
validity.
Article 18
1. To the extent necessary for the proper working of the common
organisation of the market in sheepmeat and goatmeat products, the Council,
acting in accordance with the voting procedure laid down in Article 43(2) ofthe Treaty on a proposal from the Commission, may, in special cases, prohibit
in whole or in part the use of inward processing arrangements in respect of
products listed in Article 1.
2. By way of derogation from paragraph 1, if the situation referred to in
paragraph 1 arises with exceptional urgency and the Community market isdisturbed or is liable to be disturbed by the inward or outward processing
arrangements, the Commission shall, at the request of a Member State or on
its own initiative, decide upon the necessary measures; the Council and theMember States shall be notified of such measures, which shall be valid for nomore than six months and shall be immediately applicable. If the Commission
receives a request from a Member State, it shall take a decision thereon within
a week following receipt of the request.
3. Measures decided on by the Commission may be referred to the Council
by any Member State within a week of the day on which they were notified.The Council, acting by a qualified majority, may confirm, amend or repeal the
Commission decision. If the Council has not acted within three months, the
Commission decision shall be deemed to have been repealed.
Article 19
1. The general rules for the interpretation of the Combined Nomenclature
and the detailed rules for its application shall apply to the tariff classification
of products covered by this Regulation; the tariff nomenclature resulting from
the application of this Regulation shall be incorporated into the CommonCustom Tariff.
2. Save as otherwise provided for in this Regulation or in provisions adopted
pursuant thereto, the following shall be prohibited in trade with third
countries:
(a) the levying of any charge having equivalent effect to a customs duty;(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 20
1. If, by reason of an increase in imports or exports, the Community market
in one or more of the products listed in Article 1 is affected by, or isthreatened with, serious disturbance likely to jeopardise the achievement of
the objectives set out in Article 39 of the Treaty, appropriate measures may be
applied in trade with third countries until such disturbance or threat ofdisturbance has ceased.
The Council, acting on a Commission proposal in accordance with the voting
procedure laid down in Article 43(2) of the Treaty, shall adopt general rules
for the application of this paragraph and shall define the circumstances andlimits within which Member States may adopt protective measures.!B1998R2467 — EN — 01.08.2000 — 001.001 — 15
2. If the situation referred to in paragraph 1 arises, the Commission shall, at
the request of a Member State or on its own initiative, decide upon thenecessary measures; the Member States shall be notified of such measures,which shall be immediately applicable. If the Commission receives a request
from a Member State, it shall take a decision thereon within three working
days following receipt of the request.
3. Measures decided upon by the Commission may be referred to the
Council by any Member State within three working days of the day on which
they were notified. The Council shall meet without delay. It may, acting by a
qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations arising from
agreements concluded in accordance with Article 228(2) of the Treaty.
CHAPTER IV
General provisions
Article 21
In order to take account of any restrictions on free movement which might
result from the application of measures to prevent the spread of animal
diseases, exceptional measures to support any market affected by such
restrictions may be taken under the procedure laid down in Article 25, butonly to the extent that and for such period as is strictly necessary for thesupport of that market.
Article 22
Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of the
Treaty shall apply to the production of, and trade in, the products listed in
Article 1 of this Regulation.
Article 23
Member States and the Commission shall communicate to each other the
information necessary for implementing this Regulation.
Rules for the communication and distribution of such information shall be
adopted in accordance with the procedure laid down in Article 25.
Article 25
1. The Commission shall be assisted by the Management Committee for
Sheep and Goats, hereinafter referred to as ‘the Committee’.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision
1999/468/EC shall apply.
The period referred to in Article 4(3) of Decision 1999/468/EC shall be set at
one month.
3. The Committee shall adopt its rules of procedure.
Article 26
The Committee may consider any other question referred to it by its chairman
either on his own initiative or at the request of the representative of a MemberState.
Article 27
This Regulation shall be so applied that appropriate account is taken of the
objectives set out in both Article 39 and Article 110 of the Treaty.
Article 28
Annex I may be amended by the Council, acting by a qualified majority on a
proposal from the Commission.!B
!M1
!B1998R2467 — EN — 01.08.2000 — 001.001 — 16
Article 29
Regulation (EEC) No 3013/89 is hereby repealed.
References to the said Regulation shall be construed as references to this
Regulation and should be read in accordance with the correlation table set outin Part A of Annex II.
Article 30
This Regulation enters into force on the day of its publication in the Official
Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all
Member States.!B1998R2467 — EN — 01.08.2000 — 001.001 — 17
ANNEX I
1. FRANCE: Corsica.
2. GREECE: the whole country.
3. ITAL Y: Lazio, Abruzzo, Molise, Campania, Apulia, Basilicata,
Calabria, Sicily and Sardinia.
4. SPAIN: the autonomous communities of Andalusia, Aragon, the
Balearic Islands, Castile-La Mancha, Castile-Leon, Catalo-
nia, Extremadura, Galicia (with the exception of theprovinces of Coruña and Lugo), Madrid, Murcia, La Rioja,Comunidad Valenciana and the Canary Islands.
5. PORTUGAL: the whole country, with the exception of the Azores and
Madeira.!
B1998R2467 — EN — 01.08.2000 — 001.001 — 18
ANNEX II
Part A
CORRELATION TABLE
Regulation (EEC) No 3013/89 This Regulation
— CHAPTER I
Article 1 Article 1
— CHAPTER IIArticle 2 Article 2
Title I —
Article 3 Article 3Article 4 Article 4
Article 5(1) to (4) Article 5(1) to (4)
Article 5(5), first subparagraph, first
indentArticle 5(5), first subparagraph, (a)
Article 5(5), first subparagraph, second
indentArticle 5(5), first subparagraph, (b)
Article 5(5), first subparagraph, second
indent, (a)Article 5(5), first subparagraph, (b), first
indent
Article 5(5), first subparagraph, second
indent, (b)Article 5(5), first subparagraph, (b),
second indent
Article 5(5), second subparagraph Article 5(5), second subparagraphArticle 5(6) to (10) Article 5(6) to (10)Article 5a(1), (2) and (3) Article 6(1), (2) and (3)
Article 5a(4)(a) to (d) Article 6(4) introductory phrase and
points (a) to (d)
Article 5a(4)(e), first subparagraph Article 6(4)(e)
Article 5a(4)(e), second subparagraph —
Article 5a(4)(f) Article 6(4)(f)Article 5a(5) Article 6(5)
Article 5a(6) Article 6(6)
Article 5b(1), first subparagraph Article 7(1), first subparagraphArticle 5b(1), second subparagraph Article 7(1), second subparagraphArticle 5b(1), third subparagraph Article 7(1), third subparagraph
Article 5b(1), fourth subparagraph —
Article 5b(1), fifth subparagraph —Article 5b(1), sixth subparagraph, first
part of sentence—
Article 5b(1), sixth subparagraph, the part
of the sentence starting from the secondcommaArticle 7(1), fourth subparagraph
Article 5b(1), seventh subparagraph Article 7(1), fifth subparagraph
Article 5b(2) Article 7(2)!
B1998R2467 — EN — 01.08.2000 — 001.001 — 19
Regulation (EEC) No 3013/89 This Regulation
Article 5b(3) Article 7(3)
Article 5b(4), first subparagraph Article 7(4), first subparagraph
Article 5b(4), second subparagraph, first
indentArticle 7(4), second subparagraph
Article 5b(4), second subparagraph, sec-
ond indent—
Article 5b(5) —
Article 5c Article 8
Article 5d Article 9
Article 5e Article 10Articles 6, 7 and 8 Articles 11, 12 and 13
Title II CHAPTER III
Articles 9, 10 and 11 Articles 14, 15 and 16Article 12(1) Article 17(1)
Article 12(2), first subparagraph, first
indentArticle 17(2), first subparagraph, point (a)
Article 12(2), first subparagraph, second
indentArticle 17(2), first subparagraph, point (b)
Article 12(2), first subparagraph, third
indentArticle 17(2), first subparagraph, point (c)
Article 12(2), second subparagraph Article 17(2), second subparagraph
Article 12(2), third subparagraph Article 17(2), third subparagraph
Article 12(3) Article 17(3)
Article 12(4) Article 17(4)Article 13 Article 18
Article 14(1) Article 19(1)
Article 14(2), first indent Article 19(2), point (a)Article 14(2), second indent Article 19(2), point (b)Article 15 Article 20
Title III —
Articles 21 to 25 —Title IV CHAPTER IV
Article 26 Article 21
Article 27 Article 22Article 28 Article 23
Article 29(1) Article 24
Article 29(2) —Article 30 Article 25
Article 31 Article 26
Article 32 Article 27Article 33 Article 28!
B1998R2467 — EN — 01.08.2000 — 001.001 — 20
Regulation (EEC) No 3013/89 This Regulation
— Article 29
— Article 30
Annex I Annex I— Annex II
Part B
REGULATIONS AMENDING REGULATION (EEC) No 3013/89
Official Journal
No page date
Council Regulation (EEC) No 3577/90 of 4 December 1990 L 353 23 17.12.1990
Council Regulation (EEC) No 1741/91 of 13 June 1991 L 163 41 26.6.1991
Council Regulation (EEC) No 1601/92 of 15 June 1992 L 173 13 27.6.1992Council Regulation (EEC) No 2069/92 of 30 June 1992 L 215 59 30.7.1992
Commission Regulation (EEC) No 3890/92 of 28 December 1992 L 391 51 31.12.1992
Council Regulation (EEC) No 363/93 of 10 February 1993 L 42 1 19.2.1993Council Regulation (EC) No 233/94 of 24 January 1994 L 30 9 3.2.1994Commission Regulation (EC) No 1096/94 of 11 May 1994 L 121 9 12.5.1994
Council Regulation (EC) No 1886/94 of 27 July 1994 L 197 30 30.7.1994
Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994Council Regulation (EC) No 1265/95 of 29 May 1995 L 123 1 3.6.1995
Council Regulation (EC) No 1589/96 of 30 July 1996 L 206 25 16.8.1996!
B1998R2467 — EN — 01.08.2000 — 001.001 — 21
ANNEX III
Seasonally adjusted basic prices
(EUR/100 kg carcase weight)
Week Basic price
1 515,06
2 518,58
3 522,674 525,59
5 528,51
6 531,427 534,35
8 537,27
9 539,61
10 541,9411 543,11
12 543,11
13 541,9414 540,30
15 538,09
16 534,9417 532,60
18 529,09
19 525,5920 520,92
21 515,08
22 509,2323 502,24
24 496,39
25 491,7226 487,0527 483,55
28 481,20
29 480,0130 479,45
31 478,83
32 478,8333 478,83
34 478,83
35 478,83!
M11998R2467 — EN — 01.08.2000 — 001.001 — 22
(EUR/100 kg carcase weight)
Week Basic price
36 478,83
37 478,83
38 478,8339 478,86
40 478,98
41 479,1042 479,20
43 479,30
44 480,0045 480,95
46 482,00
47 483,2048 486,10
49 490,75
50 496,6051 503,8552 511,50!
M11998R2467 — EN — 01.08.2000 — 001.001 — 23