No C 82/46 Official Journal of the European Communities 3. 4. 89 
Proposal for a 
COUNCIL REGULATION (EEC) No ... 
of... 
amending Regulation (EEC) No 2759/75 on the common organization of the market 
in pigmeat 
(89/C 82/38) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, HAS ADOPTED THIS REGULATION: 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 43 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Parliament, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas Article 4 of Council Regulation (EEC) No 2759/ 
75 (!), as last amended by Regulation (EEC) No 3906/ 
87 (2), stipulates that a basic price for slaughtered pigs valid 
from 1 November of each year is to be fixed; whereas feed 
grain costs are the principal component of the cost of 
production of slaughtered pigs; whereas, because of this 
close dependence the basic price should come into effect on 
the same date as the grain marketing year begins; whereas 
in fixing the basic price, account is taken of the sluice-gate 
price and the levy applicable in the pigmeat sector and 
whereas, therefore, the dates on which these come into 
effect must also be changed; 
Whereas Article 4(2) of Regulation (EEC) No 2759/75 
provides for determination of the Community market price 
of slaughtered pigs from prices recorded on the representat­
ive markets; whereas Article 4(5) of that Regulation states 
that the list of representative markets is to be adopted by 
the Council acting by a qualified majority; whereas given 
the purely technical nature of this matter and the frequent 
need for changes the procedure provided for in Article 24 of 
Regulation (EEC) No 2759/75 would be more appropriate; 
Whereas when the tariff and statistical nomenclature and 
the common customs tariff established by Council 
Regulation (EEC) No 2658/87 (3) were introduced into 
Regulation (EEC) No 2759/75, by Regulation (EEC) No 
3906/87, two products bound under GATT that should 
have been listed in Article 10(3) of Regulation (EEC) No 
2759/75 were omitted; whereas this mistake should be 
corrected, 
(!) OJ No L 282, 1. 11. 1975, p. 1. 
(2) OJ No L 370, 30. 12. 1987, p. 11. 
(3) OJ No L 256, 7. 9. 1987, p. 1. Article 1 
Regulation (EEC) No 2759/75 is hereby amended as 
follows: 
1. Article 1(2) is deleted. 
2. Article 4(1) is amended to read: 
'1. Each year, a basic price valid from 1 July of the 
same year shall be fixed for meat of domestic swine in 
carcases or half-carcases, hereinafter called "slaug­
htered pigs", of a standard quality defined with 
reference to a Community scale for grading pig 
carcases. 
When the basic price is being fixed account shall be 
taken of: 
— the sluice-gate price and the levy applicable during 
the quarter beginning on 1 July of that year, and 
— the need to fix this price at a level which contributes 
towards stabilizing market prices without, however, 
leading to the formation of structural surpluses 
within the Community.' 
3. Article 4(5) and (6) are replaced by the following: 
'5. The Council, acting by a qualified majority on a 
proposal from the Commission, shall lay down the 
Community scale 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 
Article'. 
4. Article 9(1) is replaced by the following: 
' 1. The levy on slaughtered pigs shall be composed of: 
(a) one component equal to the difference between 
prices within the Community and on the world 
market for the quantity of feed grain required for the 
3. 4. 89 Official Journal of the European Communities No C 82/47 
production in the Community of one kilogram of 
pigmeat. 
The prices for feed grain within the Community 
shall be determined once a year for a period of 12 
months beginning on 1 July, on the basis of the 
threshold prices and the monthly increases therein. 
They shall be used for fixing the levy from 1 July 
each year. 
The prices for feed grain on the world market shall 
be determined quarterly on the basis of prices for 
such grain recorded for the five month period ending 
one month before the beginning of the quarter for 
which the said component is calculated. 
However, when the levies applicable from 1 
October, 1 January and 1 April are being fixed, 
trends in world market prices for feed grain shall be 
taken into account only if at the same time a new 
sluice-gate price is being fixed; 
(b) one component equal to 7 % of the average of the 
sluice-gate prices ruling for the four quarters 
preceding 1 April of each year. 
This component shall be calculated once a year for a 
period of 12 months beginning on 1 July.' 
5. Article 10(2) and (3) are replaced by the following: 
'2. As regards the products listed in Article l(l)(c) the 
levy shall be equal to the sum of the following 
components: 
(a) one component derived from the levy on pig carcases 
on the basis of the ratio within the Community of the 
prices for such products to the price for pig carcases; 
This Regulation shall be binding in its entirety 
Done at... (b) a second component equal to 7 % of the average 
offer price determined on the basis of imports 
effected during the 12 months preceding 1 April of 
each year. However, for products falling under 
combined nomenclature headings ex 1602 and ex 
1902 the aforesaid percentage shall be 10. 
This component shall be calculated once a year for 
the 12-month period beginning on 1 July. 
3. Notwithstanding paragraphs 1 and 2, for products 
falling under CN codes 0206 30 21, 0206 30 31, 
0206 4191, 0206 49 91, 150100 11, 160100 10, 
1602 10 00, 1602 20 90 and 1602 90 10 for which the 
rate of duty has been bound within GATT, the levies 
shall be limited to the amount resulting from that 
binding.' 
6. The last subparagraph of Article 12(2) is replaced by the 
following : 
'However, when the sluice-gate price applicable from 1 
October, 1 January and 1 April is being fixed, trends in 
world market prices for feed grain shall be taken into 
account only if the value of the quantity of feed grain 
varies by at least a specified minimum from that used for 
calculation of the sluice-gate price for the preceding 
quarter'. 
Article 2 
This Regulation shall enter into force on the third day 
following its publication in the Official Journal of the 
European Communities. 
It shall apply from 1 July 1989. 
md directly applicable in all Member States. 
For the Council