2759/75 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
REGULATION (EEC) No 2759/75 OF THE COUNCIL
of 29 October 1975
on the common organization of the market in pigmeat
(OJ No L 282, 1. 11. 1975, p. 1)
Amended by:
Official Journal
No page date
Council Regulation (EEC) No 367/76 of 16 February 1976 L 45 1 21. 2. 1976
Council Regulation (EEC) No 1423/78 of 20 June 1978 L 171 19 28. 6. 1978Commission Regulation (EEC) No 2966/80 of 14 November 1980 L 307 5 18. 11. 1980Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31. 12. 1985Council Regulation (EEC) No 1473/86 of 13 May 1986 L 133 36 21. 5. 1986Council Regulation (EEC) No 1475/86 of 13 May 1986 L 133 39 21. 5. 1986Council Regulation (EEC) No 3906/87 of 22 December 1987 L 370 11 30. 12. 1987Council Regulation (EEC) No 1249/89 of 3 May 1989 L 129 12 11. 5. 1989Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31. 12. 1994
Amended
by:
A1 Act of Accession of Greece L 291 64 19. 11. 1979
A2 Act of Accession of Austria, Sweden and Finland C 241 155 29. 8. 1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 105 1. 1. 1995
2759/75 - - - I
IREGULATION (EEC) No 2759/75 OF THE COUNCIL
of 29 October 1975
on the common organization of the market in pigmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic 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 Parlia-
ment (
1);
Whereas since their adoption the basic provisions concern-
ing the organization of the market in pigmeat 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 difficult to use and
thus lack the clarity which should be an essential featureof all legislation; whereas they should therefore be consoli-
dated in a single text;
Whereas the operation and development of the common
market in agricultural products must be accompanied by
the establishment of a common agricultural policy to in-
clude in particular a common organization 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 T reaty;
whereas, in the pigmeat sector, in order to stabilize
markets and to ensure a fair standard of living for the
agricultural community concerned, provision should be
made for measures to facilitate the adjustment of supply to
market requirements and for intervention measures; where-
as the latter may take the form of buying in by interven-
tion agencies; whereas, however, aid should also be pro-
vided for private storage since such aid least disturbs the
normal marketing of products and can help to reduce the
volume of buying in by intervention agencies; whereas to
this end provision should be made in particular for the
fixing of a basic price at which intervention measures may
come into operation, and the conditions governing inter-
vention should be specified;
Whereas the creation of a single Community market for
pigmeat involves the introduction of a single trading sys-
tem at the external frontiers of the Community; whereas a
trading system including levies and export refunds, com-
bined with intervention measures, also serves to stabilizethe Community market, in particular by preventing price
fluctuations on the world market from affecting prices rul-
ing within the Community;
(1) OJ No C 60, 13. 3. 1975, p. 42.
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IIWhereas to achieve this aim it should as a general rule be
sufficient to introduce, in respect of imports from third
countries, levies which take account of the incidence on
feeding costs of the difference between prices 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 Com-
munity market caused by offers made on the world market
at abnormally low prices; whereas to this end sluice-gate
prices should be fixed and levies should be increased by an
additional amount when free-at-frontier offer prices are
lower than those prices; whereas the system of sluice-gate
prices will not operate, however, where it is difficult to de-
termine a sufficiently representative offer price for all the
products falling within one T ariff heading; whereas provi-
sion should be made for a method of calculating the addi-
tional amount in such cases;
Whereas, in order that a check may be kept on the volume
of imports, provision should be made for a system of im-
port licences involving the provision of security as a guar-
antee that importation will be effected;
Whereas provision for a refund on exports to third
countries equal to the difference between prices within the
Community and on the world market would serve to safe-
guard Community participation in international trade in
pigmeat; whereas, in order to give Community exporters a
certain amount of security as regards the stability of re-
funds, provision should be made to enable refunds in the
pigmeat sector to be fixed in advance;
Whereas, in addition to the system described above, provi-
sion should be made for prohibiting in whole or in part,
when the situation on the market 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 common price and
levy machinery may, in exceptional circumstances, prove
defective; whereas in such cases, so as not to leave the
Community market without defence against disturbances
which may arise therefrom after the import barriers which
existed previously have been removed, the Community
should be enabled to take all necessary measures without
delay;
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IIIWhereas restrictions on free circulation resulting from the
application of measures intended to prevent the spread of
animal disease may cause difficulties on the market of one
or more Member States; whereas provision should be
made for the introduction of exceptional measures of
market support to remedy such a situation;
Whereas, in order to facilitate implementation of the pro-
posed measures, a procedure should be provided for estab-
lishing close cooperation between the Member States and
the Commission within a Management Committee;
Whereas the establishment of a single market based on a
common price system would be jeopardized by the grant-
ing of certain aids; whereas, therefore, the provisions of
the T reaty which allow the assessment of aids granted by
Member States and the prohibition of those which are in-
compatible with the common market should be made to
apply to pigmeat;
Whereas the common organization of the market in pig-
meat must take account, in appropriate manner and at the
same time, of the objectives set out in Articles 39 and 110
of the T reaty;
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 3 of Council Regula-
tion (EEC) No 729/70 (1) of 21 April 1970 on the financ-
ing of the Common Agricultural Policy, as amended by
Regulation (EEC) No 1566/72 (2),
HAS ADOPTED THIS REGULATION:
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 167, 25. 7. 1972, p. 5.
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1Article 1
1. The common organization of the market in pigmeat
shall comprise a price and trading system and cover the
following products:
CN code Description of goods
(a) ex 0103 Live swine, of domestic species, other than pure -bred breeding animals
(b) ex 0203 Meat of domestic swine, fresh, chilled, or frozen
ex 0206 Edible offal of domestic swine, other than for the manufacture of
pharmaceutical products, fresh, chilled or frozen
ex 0209 00 Pig fat free of lean meat (not rendered), fresh, chilled, frozen, salted, in brine,
dried or smoked
ex 0210 Meat and edible meat offal of domestic swine, salted, in brine, dried or
smoked;
1501 00 111501 00 19Lard and other pig fat, rendered, whether or not pressed or solvent -extracted
(c) 1601 00 Sausages and similar products, of meat, meat offal or blood; food preparations
based on these products
1602 10 00 Homogenized preparations of meat, meat offal or blood
1602 20 90 Preparations or preserves of liver of any animal, other than goose or duck
1602 41 101602 42 10Other preparations and preserves containing meat or offal of domestic swine
1602 49 11
to 1602 49 50
1602 90 10 Preparations of blood of any animal
1602 90 51 Other preparations or preserves containing meat or meat offal of domestic
swine
1902 20 30 Stuffed pasta, whether or not cooked or otherwise prepared, containing morethan 20 % by weight of sausages and the like, of meat and meat offal of anykind, including fats of any kind or origin2759/75
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2TITLE I
Prices
Article 2
In order to encourage action by trade and joint trade or-
ganizations 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 (1):
— measures to promote better organization of produc-
tion, processing and marketing,
— measures to improve quality,
— measures to permit the establishment of short- and
long-term forecasts on the basis of the means of pro-
duction used,
— 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 Ar-
ticle 43 (2) of the T reaty.
Article 3
The following intervention measures may be taken to pre-
vent or mitigate a substantial fall in prices:
— aid for private storage,
— buying in by intervention agencies.
Private storage aid may be granted for products to be de-
termined in accordance with the rules laid down in Article5.
Intervention agencies shall buy in carcases or half-carcases,fresh or chilled, of subheading 0203 11 10 of the combined
nomenclature; they may buy in bellies (streaky), fresh or
chilled, of subheading ex 0203 19 15, and unrendered pig
fat, fresh or chilled, of subheading ex 0209 00 11.
Article 4
1. Each year, a basic price valid from 1 July of the sameyear shall be fixed for meat of domestic swine in carcases
or half-carcases, hereinafter called ‘slaughtered pig’, of a
standard quality defined with reference to a Community
scale for grading pig carcases.2759/75
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3The basic price shall be fixed taking account, in particular,
of the need to fix this price at a level which contributes
towards stabilizing market prices without, however, leading
to the formation of structural surpluses in the Community.
2. Intervention measures may be taken when the Com-munity market price for pig carcases, as established by ref-
erence to the prices recorded in each Member State on
the representative markets of the Community and weighted
by means of coefficients reflecting the relative size of the
pig herd in each Member State, is, and is likely to remain,
at less than 103 % of the basic price.
3. The intervention agencies designated by the Member
States shall take intervention measures under the condi-
tions laid down in Articles 5 to 7.
4. The procedure laid down in Article 43 (2) of the
T reaty shall apply for the purposes of:
— fixing the basic price,— determining a standard quality for pig carcases.
5. The Council, acting by a qualified majority on a pro-
posal from the Commission, shall lay down the Community
sale for grading pig carcases.
6. The procedure laid down in Article 24 shall apply for
the purposes of:
— deciding to take intervention measures and the date on
which they shall cease to apply,
— adopting the list of representative markets,
— adopting detailed rules for the application of this Ar-
ticle.
Article 5
1. The buying-in price for pig carcases of standard qual-ity may not be more than 92 % or less than 78 % of the
basic price.
(2) For products of standard quality other than pig car-
cases, buying-in prices shall be derived from the buying-in
price for pig carcases on the basis of the ratio existing be-
tween the commercial value of these products to the com-
mercial value of pig carcases.
3. For products other than those of standard quality,buying-in prices shall be derived from those in force for
the relevant standard qualities, by reference to differences
in quality in relation to the standard quality. These prices
shall apply to defined qualities.3290/94
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44. The procedure laid down in Article 24 shall apply for
the purposes of:
(a) determining the products to which intervention
measures are to apply and specifying the qualities
which may be bought in; moreover, as regards certain
regions of the Community, some weight categories may
be excluded from intervention where they are not
representative of pigmeat production in that region;
(b) fixing the buying-in prices and the amount of private
storage aid;
(c) adopting detailed rules for the application of this Ar-
ticle, in particular the conditions governing the buying-
in and storage of products in respect of which the in-
tervention measures provided for in Article 3 are
applied.
(d) fixing the coefficient expressing the ratio referred to in
paragraph 2.
Article 6
1. Disposal of products bought in by the intervention
agencies in accordance with Articles 3, 4 and 5 shall take
place in such a way as to avoid any disturbance of the
market and to ensure equal access to goods and equal
treatment of purchasers.
2. Detailed rules for the application of this Article, in
particular as regards selling prices, conditions for release
from storage and, where appropriate, the processing of
products bought in by the intervention agencies, shall be
adopted in accordance with the procedure laid down in Ar-
ticle 24.
Article 7
1. The Council, acting by a qualified majority on a pro-
posal from the Commission, shall adopt general rules for
granting private storage aid.
2. Detailed rules of application shall be adopted in ac-
cordance with the procedure laid down in Article 24.2759/75
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5TITLE II
Trade with third countries
Article 8
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 export licence.
Licences shall be issued by the Member States to any ap-
plicant, irrespective of his place of establishment in the
Community and without prejudice to measures taken for
the application of Articles 11 and 13.
Import and export licences shall be valid throughout the
Community. Such licences shall be issued subject to the
lodging of a security guaranteeing 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
carried out, or is carried out only 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 the procedure laid down in Article 24.
Article 9
Unless this Regulation provides otherwise, the rates of
duty in the Common Customs T ariff shall apply to the
products listed in Article 1 (1).
Article 10
1. In order to prevent or counteract adverse effects on
the market in the Community which may result from im-
ports of certain products listed in Article 1, imports of one
or more of such products at the rate of duty laid down inArticle 10 shall be subject to payment of an additional im-
port duty if the conditions set out in Article 5 of the
Agreement on Agriculture concluded in accordance with
Article 228 of the T reaty in the framework of the Uruguay
Round of multilateral trade negotiations have been ful-
filled unless the imports are unlikely to disturb the Com-
munity market, or where the effects would be dispropor-
tionate 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 T rade Organization.
The trigger volumes to be exceeded in order to have the
additional import duty imposed shall be determined par-
ticularly on the basis of imports into the Community in the
three years preceding the year in which the adverse effects
referred to in paragraph 1 arise or are likely to arise.3290/94
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6Cif import prices shall be checked to that end, against the
representative prices for the product on the world market
or on Community import market for that product.
3. The import prices to be taken into consideration for
imposing an additional import duty shall be determined on
the basis of the cif import prices of the consignment under
consideration.
4. The Commission shall adopt detailed rules for the ap-
plication of this Article in accordance with the procedure
laid down in Article 30. Such detailed rules shall 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 with Article 5 of that
Agreement.
Article 11
1. T ariff quotas for the products listed in Article 1, re-
sulting from agreements concluded in the framework of
the Uruguay Round of multilateral trade negotiations, shall
be opened and administered in accordance with detailedrules adopted under the procedure laid down in Article 24.
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 lodg-
ing of applications (‘first come, first served’ principle),
— method of distribution in proportion to the quantities
requested when the applications were lodged (using
the ‘simultaneous examination’ 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 market and the need to safeguard the
equilibrium of that market, whilst at the same time poss-
ibly 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 in the framework of the Uruguay
Round negotiations.3290/94
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74. The detailed rules referred to in paragraph 1 shall
provide for annual quotas, suitably phased over the year, if
necessary and where appropriate 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 12
1. Where prices on the Community market rise signifi-
cantly and where that situation is likely to continue, there-
by disturbing or threatening to disturb that market, the
measure provided for in paragraph 4 may be taken.
2. A significant rise in prices within the meaning of
paragraph 1 exists when, following a general price rise in
all Community regions, the average price of pig carcases
on the Community representative markets given in the
Annex to Regulation (EEC) No 2123/89 is at a higher
level than the average of those prices established for the
previous period of three marketing years, from 1 July to
30 June, adjusted if necessary on the basis of cyclicaltrends in the prices in question, with the addition of the
difference between that average and the average of basic
prices in force during the period under consideration, tak-
ing into account any amendment of the basic price by
comparison with the price emerging from the average for
the said period.
3. The significant rise in prices is likely to continue with-
in the meaning of paragraph 1 when an imbalance between
pigmeat supply and demand exists and is likely to continue,
particularly in view of:
(a) cyclical trends in the number of sows covered and in
the prices for piglets;
(b) surveys and estimates carried out pursuant to Directive
93/23/EEC of 1 June 1993 on the statistical surveys to
be carried out on pig production;
(c) foreseeable trends in market prices for pig carcases.
4. Where the conditions listed in the previous para-
graphs are met, total or partial suspension of import duties
may be decided on in accordance with the procedure laid
down in Article 24. Detailed rules for the application of
this Article shall, if necessary, be adopted in accordance
with the same procedure.3290/94
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8Article 13
1. T o the extent necessary to enable the products listed
in Article 1 to be exported on the basis of quotations or
prices for those products on the world market and within
the limits resulting from agreements concluded in accord-
ance with Article 228 of the T reaty, the difference between
those quotations or prices and prices in the Community
may be covered by export refunds.
2 . T h em e t h o dt ob ea d o p t e df o rt h ea l l o c a t i o no ft h e
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, ac-
count being taken of the efficiency and structure of
Community exports without, however, creating discri-
mination between large and small operators;
(b) is least cumbersome administratively for operators, ac-
count being taken of administration requirements;
(c) avoids any discrimination between the operators con-
cerned.
3. Refunds shall be the same for the whole Community.
They may vary according to destination, where the world
market situation or the specific requirements of certain
markets make this necessary.
Refunds shall be fixed in accordance with the procedure
laid down in Article 24. Refunds shall be fixed at regular
intervals, without recourse, however, to the tendering pro-
cedure.
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, how-
ever, remain at the same level for more than three months
and may, where necessary, be adjusted in the intervening
period by the Commission at the request of a Member
S t a t eo ro ni t so w ni n i t i a t i v e .
4. The following shall be taken into account when re-
funds are being fixed:
(a) the existing situation and the future trend with regard
to:
— prices and availabilities of pigmeat products on the
Community market,
— prices for pigmeat products on the world market;
(b) the need to avoid disturbances likely to cause a pro-
longed imbalance between supply and demand on the
Community market;
(c) the economic aspect of the proposed exports;
(d) the limits resulting from agreements concluded in ac-
cordance with Article 228 of the T reaty.3290/94
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9When the refund is being fixed, particular account shall
also be taken of the need to establish a balance between
the use of Community basic products in the manufacture
of processed goods for export to third countries, and the
use of third-country products brought in under processing
arrangements.
When the refund on the products listed in Article 1 is
being calculated, account shall be taken of the difference
between prices within the Community and prices on the
world market for the quantity of feed grain required for
the production in the Community of one kilogram of pig-
meat, the coefficients referred to in Article 5 (2) also
being taken into account in the case of products other
than pig carcases.
5. The Community price referred to in paragraph 1 shall
be established on the following basis:
(a) prices obtaining at the various stages of marketing in
the Community;
(b) prices obtaining for exports.
The world market prices referred to in paragraph 1 shall
be established on the following basis:
(a) prices obtaining on third-country markets;
(b) the most favourable prices in third countries of des-
tination for third-country imports;
(c) producer prices recorded in exporting third countries,
account being taken, where appropriate, of subsidies
granted by those countries; and
(d) free-at-Community-frontier offer prices.
6. Refunds shall only be granted on application and on
presentation of the relevant export licence.
7. The refund applicable to exports of products listed in
Article 1 shall be that applicable on the day of application
for the licence and, in the 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 destina-
tion indicated on the licence. In that case, the amount
applicable may not exceed the 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.3290/94
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108. Paragraphs 6 and 7 may be waived in the case of
products listed in Article 1 on which refunds are paid
under food-aid operations, in accordance with the pro-
cedure laid down in Article 24.
9. The refund shall be paid upon proof:
— that the products have been exported from the Com-
munity,
— 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 destination for which the 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 24, provided conditions are laid
down which offer equivalent guarantees.
10. No export refund shall be granted on products listed
in Article 1 which are imported from third countries and
re-exported to third countries, unless the exporter proves:
— that the product to be exported and the product previ-
ously 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 with the limits on volumes arising from
agreements concluded in accordance with Article 228 of
the T reaty shall be ensured on the basis of the export cer-
tificates issued for the reference periods provided for
therein and applicable to the products concerned. With re-
gard to compliance with the obligations arising under the
Agreement on Agriculture, the ending of a reference
period shall not affect the validity of export licences.
12. Detailed rules for the application of this Article, in-
cluding the arrangements for redistributing unallocated or
unused exportable quantities, shall be adopted in accord-
ance with the procedure laid down in Article 24.3290/94
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11Article 14
1. T o the extent necessary for the proper working of the
common organization of the market in pigmeat, the Coun-
cil, acting in accordance with the voting procedure laid
down in Article 43 (2) of the T reaty on a proposal from
the Commission, may, in special cases, prohibit in whole or
in part the use of inward processing arrangements in re-
spect of products listed in Article 1 which are intended for
the manufacture of products listed in that Article.
2. In derogation from paragraph 1, if the situation re-
ferred to in paragraph 1 arises with exceptional urgency
and the Community market is disturbed or is liable to be
disturbed by the inward or outward processing arrange-
ments, the Commission shall, at the request of a Member
State or on its own initiative, decide upon the necessary
measures; the Council and the Member States shall be
notified of such measures, which shall be valid for no morethan 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 re-
ceipt of the request.
3. Measures decided on by the Commission may be re-
ferred to the Council by any Member State within a week
of the day on which they were notified. The Council, act-
ing 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 15
1. The general rules for the interpretation of the com-
bined nomenclature and the special rules for its application
shall apply to the classification of products covered by this
Regulation; the tariff nomenclature resulting from the ap-
plication of this Regulation shall be incorporated in the
Common Customs T ariff.
2. Save as otherwise provided for in this Regulation or
pursuant to a provision thereof, the following shall be pro-
hibited in trade with third countries:
— the levying of any charge having equivalent effect to a
customs duty,
— the application of any quantitative restriction or
measure having equivalent effect.3290/94
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12Article 16
1. If, by reason of imports or exports, the Community
market in one or more of the products listed in Article 1
is affected by, or is threatened with, serious disturbance
likely to jeopardize the achievement of the objectives set
out in Article 39 of the T reaty, appropriate measures may
be applied in trade with third countries until such disturb-
ance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in
accordance with the voting procedure laid down in Arr-
ticle 43 (2) of the T reaty, shall adopt the general rules for
the application of this paragraph and define the cases in
which and the limits within which Member States may take
protective 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, decide upon the necessary measures; theMember States shall be notified of such measures, which
shall be immediately applicable. If the Commission re-
ceives a request from a Member State, it shall take a deci-
sion 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 quali-
fied majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the ob-
ligations arising from agreements concluded in accordance
with Article 228 (2) of the T reaty.
TITLE III
General provisions
Article 19
Products as specified in Article 1 (1), which are manufac-
tured or obtained from products not coming within Ar-
ticles 9 (2) and 10 (1) of the T reaty, shall not be admittedto free circulation within the Community.
Article 20
In order to take account of any restrictions on intra-Com-
munity trade or trade with third countries resulting from
the application of measures taken to combat the spread of
animal diseases, exceptional measures may be taken to
support the market affected by such restrictions, in accord-
ance with the procedure laid down in Article 24. Such
measures may be taken only in so far as and for such
period as is strictly necessary for the support of that
market.3290/94
2759/75
1473/86
2759/75 - - - I
13Article 21
Save as otherwise provided in this Regulation, Articles 92
to 94 of the T reaty shall apply to the production of and
trade in the products specified in Article 1 (1).
Article 22
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 in-
formation shall be adopted in accordance with the pro-
cedure laid down in Article 24.
Article 23
1. There is hereby set up a Management Committee for
Pigmeat, (hereinafter called ‘the Committee’), consisting of
representatives of Member States with a representative of
the Commission as Chairman.
2. Within the Committee the votes of Member States
shall be weighted in accordance with Article 148 (2) of the
T reaty. The Chairman shall not vote.
Article 24
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 own initiative or at the request of
the representative of a Member State.
2. The representative of the Commission shall submit tothe Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according to
the urgency of the matter. The opinion shall be delivered
by the majority laid down in Article 148 (2) of the T reatyin the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Com-
mittee shall be weighted in the manner set out in that Ar-
ticle. The Chairman shall not vote.
3. The Commission shall adopt measures which shallapply immediately. However, if these measures are not in
accordance with the Opinion of the Committee, they shall
forthwith be communicated by the 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 decision within one month.2759/75
95/1/EC, Euratom, ECSC
2759/75
2759/75 - - - I
14Article 25
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 Member State.
Article 26
This Regulation shall be so applied that appropriate ac-
count is taken, in appropriate manner and at the same
time, of the objectives set out in Articles 39 and 110 of
the T reaty.
Article 27
Should Italy have recourse to the provisions of Article 23
of Council Regulation (EEC) No 2727/75 (1)o f2 9 O c -
tober 1975 on the common organization of the market in
cereals, the Council, acting by a qualified majority on a
proposal from the Commission, shall take the necessary
measures to avoid distortion of competition.
Article 28
1. Council Regulation No 121/67/EEC (2)o f
13 June 1967 on the common organization of the market
in pigmeat, as last amended by Regulation (EEC)
No 1861/74 (3) is hereby repealed.
2. 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 29
This Regulation shall enter into force on 1 November 1975.
(1) OJ No L 281, 1. 11. 1975, p. 1.
(2) OJ No 117, 19. 6. 1967, p. 2283/67.
(3) OJ No L 197, 19. 7. 1974, p. 3.2759/75
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15ANNEX
Correlation
Regulation No 121/67/EEC This Regulation
Article 27 Article 26
Article 29 Article 272759 /75