1975R2777 — EN — 01.01.2002 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION(EEC)NO2777/75OFTHECOUNCIL
of29October1975
onthecommonorganizationofthemarketinpoultrymeat
(OJ L 282, 1.11.1975, p. 77)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 369/76 of 16 February 1976 L 45 3 21.2.1976
►M2Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M3Council Regulation (EEC) No 1475/86 of 13 May 1986 L 133 39 21.5.1986
►M4Council Regulation (EEC) No 3907/87 of 22 December 1987 L 370 14 30.12.1987
►M5Council Regulation (EEC) No 1235/89 of 3 May 1989 L 128 29 11.5.1989
►M6Commission Regulation (EEC) No 3714/92 of 22 December 1992 L 378 23 23.12.1992
►M7Council Regulation (EEC) No 1574/93 of 14 June 1993 L 152 1 24.6.1993
►M8Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M9Commission Regulation (EC) No 2916/95 of 18 December 1995 L 305 49 19.12.1995
►M10Commission Regulation (EC) No 493/2002 of 19 March2002 L 77 7 20.3.2002
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Austria, Sweden and Finland C241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:►
C1Corrigendum, OJ L 213, 6.8.1988, p. 54 (3907/87)
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REGULATION(EEC)NO2777/75OFTHECOUNCIL
of29October 1975
onthecommonorganizationofthemarketinpoultrymeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
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);
Whereas since their adoption the basic provisions concerning the orga-
nization of the market in poultrymeat have been amended a number of
times; whereas, by reason of their number, their complexity and their
dispersal among various Official Journals, the relevant texts are diffi-cult to use and thus lack the clarity which should be an essentialfeature of all legislation; whereas they should therefore be consolidatedin a single text;
Whereas the operation and development of the common market in agri-
cultural products must be accompanied by the establishment of acommon agricultural policy to include in particular a common organi-zation of agricultural markets, which may take various forms
depending on the product;
Whereas the aim of the common agricultural policy is to attain the
objectives set out in Article 39 of the Treaty; whereas, in the poultry-
meat sector, in order to stabilize markets and to ensure a fair standard
of living for the agricultural community concerned, provision should bemade for measures to facilitate the adjustment of supply to marketrequirements;
Whereas the creation of a single market for poultrymeat involves the
introduction of a single trading system at the external frontiers of theCommunity, this system to include levies and export refunds;
Whereas to achieve this aim it should as a general rule be sufficient to
introduce in respect of imports from third countries levies which takeaccount of the incidence on feeding costs of the difference betweenprices for feed grain within the Community and on the world market,and of the need to protect the Community processing industry;
Whereas it is necessary to avoid disturbances on the Community
market caused by offers made on the world market at abnormally lowprices; whereas to this end sluice-gate prices should be fixed and leviesshould be increased by an additional amount when free-at-frontier offerprices are lower than those prices;
Whereas provision for a refund on exports to third countries equal to
the difference between prices within the Community and on the worldmarket would serve to safeguard Community participation in interna-
tional trade in poultrymeat; whereas, in order to give Community
exporters a certain amount of security as regards the stability ofrefunds, provision should be made to enable the refunds on poultrymeatto be fixed in advance;
Whereas, in addition to the system described above, provision should
be made for prohibiting in whole or in part, when the situation on themarket so requires, the use of inward processing arrangements;
Whereas the levy system makes it possible to dispense with all other
protective measures at the external frontiers of the Community;whereas, however, the levy machinery may, in exceptional circum-stances, prove defective; whereas in such cases, so as not to leave theCommunity market without defence against disturbances which mayarise therefrom after the import barriers which existed previously have1975R2777 — EN — 01.01.2002 — 002.001 — 2
(1) OJ No C 60, 13. 3. 1975, p. 41.
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been removed, the Community should be enabled to take all necessary
measures without delay;
Whereas restrictions on free circulation resulting from the application
of measures intended to prevent the spread of animal disease maycause difficulties on the market of one or more Member States;whereas it is necessary to make provision for the adoption of excep-
tional measures of market support to remedy sucha situation;
Whereas, in order to facilitate implementation of the proposed
measures, a procedure should be provided for establishing close coop-eration between the Member States and the Commission within a
Management Committee;
Whereas the establishment of a single market would be jeopardized by
the granting of certain aids; whereas, therefore, the provisions of the
Treaty which allow the assessment of aids granted by Member States
and the prohibition of those which are incompatible with the commonmarket should be made to apply to poultrymeat;
Whereas the common organization of the market in poultrymeat must
take account, in appropriate manner and at the same time, of the objec-
tives set out in Articles 39 and 110 of the Treaty;
Whereas the expenditure incurred by the Member States as a result of
the obligations arising out of the application of this Regulation fall on
the Community in accordance with the provisions of Articles 2 and 3of Council Regulation (EEC) No 729/70(
1) of 21 April 1970 on the
financing of the common agricultural policy, as amended by Regulation(EEC) No 1566/72(
2),
HAS ADOPTED THIS REGULATION:
Article 1
1. The common organization of the market in poultrymeat shall
cover the following products:
CN code Description of goods
a) 0105 Live poultry, that is to say, fowls of
the species Gallus domesticus,
ducks, geese, turkeys and guinea
fowl
b) ex 0207 Meat and edible offal, of the poultry
of heading No 0105 fresh, chilled or
frozen, excluding livers falling
within CN codes 020731,
0207 3990 and 020750
c)►M90207 34◄ Poultry livers, fresh, chilled or
frozen
►M90207 1391 ◄
►M90207 1491 ◄
►M90207 2691 ◄
►M90207 2791 ◄
►M90207 3591 ◄
►M90207 3681 ◄
►M90207 3685 ◄
►M90207 3689 ◄1975R2777 — EN — 01.01.2002 — 002.001 — 3
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 167, 25. 7. 1972, p. 5.▼M7
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CN code Description of goods
►M1002109971 ◄Poultry livers, salted, in brine, dried
or smoked
►M1002109979 ◄
d) 02090090 Poultry fat (not rendered), fresh,
chilled, frozen, salted, in brine,
dried or smoked
e) 15010090 Poultry fat, rendered whether or not
pressed or solvent-extracted
f) 16022011 Other prepared or preserved goose
or duck livers
16022019
160231Other prepared or preserved meat,
or meat offal of poultry of heading
No 0105
160232
160239
2. For the purposes of this Regulation:
(a) ‘live poultry’ means live fowls, ducks, geese, turkeys and guinea
fowls each weighing more than 185 grammes;
(b) ‘chicks’ means live fowls, ducks, geese, geese, turkeys and guinea
fowls, each weighing not more than 185 grammes;
(c) ‘slaughtered poultry’ means dead fowls, ducks, geese, turkeys and
guinea fowls, whole, with or without offal;
(d) ‘derived products’ means the following:
1. products specified in paragraph1 (a), excluding ch icks,
2. products specified in paragraph1 (b), excluding slaugh tered
poultry and edible offals, known as ‘poultry cuts’,
3. edible offals specified in paragraph1 (b),4. products specified in paragraph1 (c),
5. products specified in paragraph1 (d) and (e),
6. Products referred to in paragraph 1 (f), other than those products
falling within CN codes 1602 2011 and 1602 20 19
Article 2
1. In order to encourage action by trade and joint trade organizations
to facilitate the adjustment of supply to market requirements, with the
exception of action relating to withdrawal from the market, the
following Community measures may be taken in respect of theproducts specified in Article 1 (1):
— measures to promote better organization of production, processing
and marketing,
— measures to improve quality,— measures to permit the establishment of short- and long-term fore-
casts on the basis of the means of production used,
— measures to facilitate the recording of market price trends.1975R2777 — EN — 01.01.2002 — 002.001 — 4
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General rules concerning these measures shall be adopted in accor-
dance with the procedure laid down in Article 43 (2) of the Treaty.
2. Marketing standards:
— shall be adopted for one or more of the products specified in Article
1 (1) (b),
— may be adopted for the products specified in Article 1 (1) (a), (c),
(d), (e) and (f).
These standards may relate in particular to grading by quality and
weight, packaging, storage, transport, presentation and marking.
Standards, their scope and the general rules for their application shall
be adopted by the Council, acting by a qualified majority on a proposalfrom the Commission.
Article 3
1. Imports into the Community, or exports therefrom, of any of the
products listed in Article 1 (1) may be subject to presentation of an
import or export licence.
Licences shall be issued by the Member States to any applicant, irre-
spective of his place of establishment in the Community and without
prejudice to measures taken for the application of Articles 6 and 8.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a security guar-
anteeing that the products are imported or exported during the term of
validity 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 carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 17.
Article 4
Unless this Regulation provides otherwise, the rates of duty in the
Common Customs Tariff shall apply to the products listed in Article 1(1).
Article 5
1. In order to prevent or counteract adverse effects on the market in
the Community which may result from imports of certain productslisted in Article 1, imports of one or more of suchproducts at th e rateof duty laid down in Article 10 shall be subject to payment of an addi-tional import duty if the conditions set out in Article 5 of theAgreement on Agriculture concluded in accordance withArticle 228
of the Treaty in the framework of the Uruguay Round of multilateral
trade negotiations have been fulfilled unless the imports are unlikelyto disturb the Community market, or where the effects would bedisproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined specifically on the basis ofimports into the Community in the three years preceding the year inwhich the adverse effects referred to in paragraph 1 arise or are likelyto arise.
3. The import prices to be taken into consideration for imposing an
additional import duty shall be determined on the basis of the cifimport prices of the consignment in question.1975R2777 — EN — 01.01.2002 — 002.001 — 5
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Cif import prices shall be checked to that end against the representative
prices for the product on the world market or on the Communityimport 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 17.
Suchdetailed rules sh all specify in particular:
(a) the products to which additional import duties shall 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 withArticle 5 of th at Agreement.
Article 6
1. Tariff quotas for the products listed in Article 1 (1) resulting from
agreements concluded in the Uruguay Round of multilateral tradenegotiations shall be opened and administered in accordance withdetailed rules adopted under the procedure laid down in Article 17.
2. Quotas shall be administered by applying one of the following
methods or a combination of them:
— method based on the chronological order of the lodging of applica-
tions (‘first come, first served’ principle),
— method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneous exami-
nation’ method),
— method based on taking traditional trade patterns into account
(using the ‘traditional/new arrivals’ method).
Other appropriate methods may be adopted.They must avoid any discrimination between the operators concerned.3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market, whilst at thesame time possibly drawing 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 inthe framework of the Uruguay Round negotiations.
4. The detailed rules referred to in paragraph 1 shall provide for
annual quotas, suitably phased over the year if necessary, and, whereappropriate, for:
(a) guarantees covering the nature, provenance and origin of the
product;
(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 7
Where prices on the Community market rise significantly and where
that situation is likely to continue, thereby disturbing or threatening to
disturb that market, appropriate measures may be taken.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty,shall adopt the general rules for application of this Article.
Article 8
1. To the extent necessary to enable the products listed in Article 1
(1) to be exported on the basis of prices for those products on theworld market and within the limits resulting from agreementsconcluded in accordance with Article 228 of the Treaty, the differencebetween those prices and prices in the Community may be covered byexport refunds.1975R2777 — EN — 01.01.2002 — 002.001 — 6
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2. The method to be adopted for the allocation of the quantities
which may be exported with a refund shall be the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available, account being taken of the efficiency and struc-
ture of Community exports without, however, creatingdiscrimination between large and small operators;
(b) is least cumbersome administratively for operators, account being
taken of administration requirements;
(c) prevents any discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.They may vary according to destination, where the world market situa-
tion or the specific requirements of certain markets make this
necessary.
Refunds shall be fixed in accordance with the procedure laid down in
Article 17. Refunds shall be fixed at regular intervals, without recourse,
however, to the tendering procedure.
The list of products on which an export refund is granted and the
amount of such refund shall be fixed at least once every three months.The amount of the refund may, however, remain at the same level formore than three months and may, where necessary, be adjusted in theintervening period by the Commission at the request of a Member Stateor on its own initiative.
4. The following shall be taken into account when refunds are being
fixed:
(a) the existing situation and the future trend with regard to:
— prices and availabilities of poultrymeat products on the
Community market,
— prices for poultrymeat products on the world market;
(b) the importance of avoiding disturbances likely to bring about a
prolonged imbalance between supply and demand on the Commu-
nity market;
(c) the economic aspect of the proposed exports;
(d) limits arising from agreements concluded in accordance with
Article 228 of the Treaty.
When the amount of the refund is set, account shall also be taken in
particular of the need to establish a balance between the use of
Community basic agricultural products for export as processed goods
to third countries, and the use of products from those countriesadmitted for inward processing.
In addition, for the purpose of calculating the refund for the products
referred to in Article 1 (1), account shall be taken of the differencebetween Community and world market prices for the amount of feed-grains required to produce one kilogram of slaughtered poultry in the
Community, allowing, in the case of products other than slaughtered
poultry, for the differences in the weight of the different products and/or the average of their commercial values.
5. The Community price referred to in paragraph 1 shall be estab-
lished on the following basis:
(a) prices obtaining at the various stages of marketing in the Commu-
nity;
(b) prices obtaining for exports.
The world market prices referred to in paragraph 1 shall be established
on the following basis:
(a) the prices on third-country markets;
(b) the most favourable prices in third countries of destination for
third-country imports;1975R2777 — EN — 01.01.2002 — 002.001 — 7
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(c) producer prices recorded in exporting third countries, account being
taken, where appropriate, of subsidies granted by those countries;
(d) free-at-Community-frontier offer prices.
6. Refunds shall be granted only on application and on presentation
of the relevant export licence, except in this case of day-old chicks forwhich a licence may be granted ex-post.
7. The refund applicable to exports of products listed in Article 1 (1)
shall be that applicable on the day of application for the licence and, inthe case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence or, where appropriate;
(b) for the actual destination if it differs from the destination indicated
on the licence. In that case, the amount applicable may not exceedthe amount applicable for the destination indicated on the licence.
Appropriate measures may be taken to prevent abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of products listed
in Article 1 (1) on which refunds are paid under food-aid operations, inaccordance withth e procedure laid down in Article 17.
9. The refund shall be paid upon proof:
— that the products have been exported from the Community,
— that the products are of Community origin, except where paragraph
10 applies, and
— that, in the case of a differentiated refund, the products have
reached the destination indicated on the licence or another destina-tion for which a refund was fixed, without prejudice to paragraph 7(b). Exceptions may be made to this rule in accordance with the
procedure laid down in Article 17, provided conditions are laid
down which offer equivalent guarantees.
10. No export refund shall be granted on products listed in Article 1
(1) which are imported from third countries and re-exported to thirdcountries, unless the exporter proves:
— that the product to be exported and the product previously imported
are one and the same, and
— that all import duties were collected on importation.
In such cases the refund on each product shall be equal to the duty
collected on importation where that duty is equal to or lower than the
refund applicable; the refund shall be equal to the refund applicable
where the duty collected on importation is higher than that refund.
11. Compliance withth e limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall beensured on the basis of the export certificates issued for the referenceperiods provided for therein and applicable to the products concerned.
With regard to compliance with the obligations arising under the
Agreement on Agriculture, the ending of a reference period shall notaffect the validity of export licences.
12. Detailed rules for the application of this Article, including the
arrangements for redistributing unallocated and unused quantities, shallbe adopted in accordance withth e procedure laid down in Article 17.
Article 9
1. To the extent necessary for the proper working of the common
organization of the market in poultrymeat, the Council, acting in accor-
dance with the voting procedure laid down in Article 43 (2) of theTreaty on a proposal from the Commission, may, in special cases,prohibit in whole or in part the use of inward or outward processingarrangements in respect of products listed in Article 1 (1) which areintended for the manufacture of products listed in Article 1 (1).1975R2777 — EN — 01.01.2002 — 002.001 — 8
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2. In derogation from paragraph1, if th e situation referred to in
paragraph1 arises withexceptional urgency and th e Communitymarket is disturbed 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 necessarymeasures; the Council and the Member States shall be notified of suchmeasures, which shall be valid for no more than six months and shallbe 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 theywere 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 bedeemed to have been repealed.
Article 10
1. The general rules for the interpretation of the combined nomen-
clature and the special rules for its application shall apply to the
classification of products covered by this Regulation; the tariff nomen-clature resulting from the application of this Regulation shall beincorporated in the Common Customs Tariff.
2. Save as otherwise provided for in this Regulation or pursuant to a
provision thereof, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having equivalent effect to a customs
duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 11
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (1) is affected by, or is threa-tened with, serious disturbance likely to jeopardize the achievement ofthe objectives set out in Article 39 of the Treaty, appropriate measuresmay be applied in trade withth ird countries until suchdisturbance orthreat of disturbance 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 adoptthe general rules for the application of this paragraph and define thecases in which and the limits within which Member States may takeprotective measures.
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, decideupon the necessary measures; the Member States shall be notified ofsuch measures, which shall be immediately applicable. If the Commis-
sion 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 theday 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 withArticle 228 (2)of the Treaty.1975R2777 — EN — 01.01.2002 — 002.001 — 9
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Article 13
Products specified in Article 1 (1) which are manufactured or obtained
from products not specified in Articles 9 (2) and 10 (1) of the Treatyshall not be admitted to free circulation within the Community.
Article 14
In order to take account of any restrictions on free circulation imposed
in consequence of measures to prevent the spread of animal disease,exceptional measures may be taken under the procedure provided for
in Article 17 to support any market affected by suchrestrictions. Such
measures may be taken only to the extent that and for such period as isstrictly necessary for the support of that market.
Article 15
The 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 withth e procedure laid down in Article 17.
Article 16
1. There is hereby established a Management Committee for Poul-
trymeat and Eggs (hereinafter called ‘the Committee’), consisting ofrepresentatives of the Member States with a representative of theCommission as Chairman.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. TheChairman shall not vote.
Article 17
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Committee either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the Chairmanmay lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of the
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives ofthe Member States within the Committee shall be weighted in themanner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with the
Opinion of the Committee, they shall forthwith be communicated bythe Commission to the Council. In that event, the Commission may,for not more than one month from the date of such communication,defer application of the measures which it has adopted.
The Council, acting by a qualified majority, may take a different deci-
sion within one month.
Article 18
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the represen-tative of a Member State.1975R2777 — EN — 01.01.2002 — 002.001 — 10
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Article 19
Save as otherwise provided in this Regulation, Articles 92 to 94 of the
Treaty shall apply to the production of and trade in the products speci-
fied in Article 1 (1).
Article 20
This Regulation shall be so applied that account is taken in appropriate
manner and at the same time of the objectives set out in Articles 39
and 110 of the Treaty.
Article 21
Should Italy have recourse to the provisions of Article 23 of Council
Regulation (EEC) No 2727/75(1) of 29 October 1975 on the common
organization of the market in cereals, the Council, acting by a qualifiedmajority on a proposal from the Commission, shall take the necessarymeasures to avoid distortions of competition.
Article 22
1. Council Regulation No 123/67/EEC(
2) of 13 June 1967 on the
common organization of the market in poultrymeat, as last amended
by the Council Decision of 1 January 1973(3) adjusting the documents
concerning the accession of the new Member States to the EuropeanCommunities, is hereby repealed.
2. All references to the Regulation repealed by paragraph 1 shall be
construed as references to this Regulation.
References to Articles of that Regulation are to be read in accordance
with the correlation given in the Annex.
Article 23
This Regulation shall enter into force on 1 November 1975.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1975R2777 — EN — 01.01.2002 — 002.001 — 11
(1) OJ No L 281, 1. 11. 1975, p. 7.
(2) OJ No 117, 19. 6. 1967, p. 2301/67.
(3) OJ No L 2, 1. 1. 1973, p. 1.
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ANNEX
Correlation
Regulation No 123/67/EEC This Regulation
Article 13 a Article 14
Article 14 Article 19Article 21 Article 201975R2777 — EN — 01.01.2002 — 002.001 — 12