No C 319/36 Official Journal of the European Communities 12. 12. 88 
HAS DECIDED AS FOLLOWS: Article 2 
Article 1 
Article 3 
The Supplementary Protocol to the Agreement establishing 
an association between the European Economic Com­
munity and the Republic of Malta and adapting certain 
provisions of the Agreement and declarations annexed 
thereto are hereby approved on behalf of the Community. 
The text of the Protocol is attached to this Decision. 
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, 
Having regard to the opinion of the Economic and Social 
Committee, 
Whereas the operation and development of the common 
market in agricultural products must be accompanied by 
the establishment of a Common Agricultural Policy 
involving common organization of the agricultural 
markets; whereas the form of such organization may vary 
from one product to another; 
Whereas the arrangements introduced by Council Regu­
lation (EEC) No 1837/80 on the common organization of 
the market in sheepmeat and goatmeat (*), as last amended 
by Regulation (EEC) No 1115/88 (2), must be reviewed 
with a view to the full establishment of a single market; 
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 for the agricultural community con­
cerned, it is necessary to retain certain arrangements 
(!) OJ No L 183, 16. 7. 1980, p. 1. 
(2) OJ No L 110, 29. 4. 1988, p. 36. The President of the Council shall give the notification 
provided for in Article 5 of the Protocol (a). 
This Decision shall take effect on the day following its 
publication in the Official Journal of the European 
Communities. 
0) The Protocol and its date of entry into force will be published in 
the Official Journal of the European Communities by the 
General Secretariat of the Council. 
facilitating adjustment of supply to market requirements; 
whereas in particular Community sheepmeat producers 
should continue to be granted a premium to compensate for 
loss of income and intervention measures should be 
continued; whereas the latter may take the form of private 
storage aid, which least affects normal marketing of 
products; 
Whereas the purpose of the abovementioned premium is to 
ensure a fair return for producers; whereas, however, in 
view of the possibilities for 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 a certain 
level established in the light of the market situation; 
whereas, to that 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 on 31 December 
1987 in the regions concerned and provision should be 
made for its eventual revision; 
Whereas provision should be made for the fixing of a basic 
price at which intervention measures will come into 
operation and which will protect the Community market 
against price fluctuations on the world market for certain 
products in the sector; 
Whereas the creation of a single Community market in 
sheepmeat and goatmeat involves the introduction of a 
single set of arrangements applying to trade across the Proposal for a Council Regulation (EEC) on the common organization of the market in sheepmeat 
and goatmeat 
COM(88) 528 final 
(Submitted by the Commission on 21 October 1988) 
(88/C 319/04) 
12. 12. 88 Official Journal of the European Communities No C 319/37 
Community's external frontiers; whereas arrangements 
whereby import levies on certain products replace the 
customs duty should, in combination with the intervention 
arrangements, serve to stabilize the Community market by 
preventing fluctuations in world market prices, when these 
are lower than the basic price, from disturbing prices ruling 
within the Community; 
Whereas, for the purposes of application of the levy 
arrangements, free-at-Community-frontier offer prices 
should be fixed on the basis of quotations recorded on the 
most representative markets of third countries and a special 
levy should be fixed for the products in question if the offer 
prices from one or more third countries are abnormally 
low; 
Whereas, for products falling under combined nomencla­
ture heading No 0204 for which the rate of duty is bound 
under GATT, the levies must be limited to the amount so 
bound or to that resulting from voluntary restraint 
agreements; 
Whereas, so that the trend in imports and exports can be 
followed, provision should be made for a system of import 
and export licences involving the provision of security as a 
guarantee that importation or exportation will be effected; 
Whereas provision should be made for granting a refund on 
exports to third coutries equal to the difference between 
prices within the Community and on the world market; 
Whereas, in addition to the system described above, 
provision should be made for prohibiting in whole or in 
part, when the situation on the market so requires, the use 
of inward or outward processing arrangements; 
Whereas the customs duty and levy arrangments 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, prove 
defective; 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 without 
delay; 
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 provision should be made 
for the introduction of exceptional market support 
measures in order to remedy such situations; 
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; 
Whereas the common organization of the market in 
sheepmeat and goatmeat must take appropriate account of 
the objectives set out in both Article 39 and Article 110 of 
the Treaty; 
Whereas the establishment of a single market based on a 
common price system would be jeopardized 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 to 
apply to sheepmeat and goatmeat; 
Whereas the transition from the arrangements established 
by Regulation (EEC) No 1837/80 to those of this 
Regulation should be effected as smoothly as possible; 
whereas, to that end, provision should be made for 
transitional measures continuing the previous arrange­
ments, including the variable premium and intervention 
buying; whereas, should the United Kingdom decide to 
apply the variable premium, the resultant difference in the 
extent of support should lead to separate application of the 
guarantee reduction arrangements in Great Britain and in 
the other regions; 
Whereas expenditure incurred by the Member States in 
carrying out obligations under this Regulation falls to the 
Community in accordance with Council Regulation (EEC) 
No 729/70 of 21 April 1970 on the financing of the 
Common Agricultural Policy (*), as last amended by 
Regulation (EEC) No 929/79 (2), 
HAS ADOPTED THIS REGULATION: 
Article 1 
(Consolidation) 
The common organization of the market in sheepmeat and 
goatmeat shall comprise both price and trading arrange­
ments and cover the following products: 
(!) OJ No L 94, 28. 4. 1970, p. 13. 
(2) OJ NoL 117, 12.5. 1979, p. 4. 
No C 319/38 Official Journal of the European Communities 12. 12. 88 
CN code 
(a) 0104 10 90 
0104 20 90 
0204 
0210 90 11 
0210 90 19 
(b) 0104 10 10 
0104 20 10 
0206 80 99 
0210 90 60 
1502 00 99 
(c) 1602 90 71 
(d) 1602 90 79 Description 
Live sheep, other than pure-bred breeding animals 
Live goats, other than pure-bred breeding animals 
Meat of sheep or goats, fresh, chilled or frozen 
Meat of sheep and goats, with bone in, salted, in brine, dried or smoked 
Meat of sheep and goats, boneless, salted, in brine, dried or smoked 
Live sheep, pure-bred breeding animals 
Live goats, pure-bred breeding animals 
Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of 
pharmaceutical products 
Edible meat offal of sheep and goats, salted, in brine, dried or smoked 
Fats of sheep or goats, raw or rendered, whether or not pressed or solvent-
extracted 
Other prepared or preserved meat or offal of sheep or goats, uncooked; mixtures 
of cooked and uncooked meat or offal 
Other prepared or preserved offal of sheep or goats 
Article 2 
(Consolidation) TITLE I 
Price, premium and interim arrangements 
Article 3 
In order to encourage action by trade and joint trade 
organizations 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. In accordance with the procedure laid down in Article 
43 (2) of the Treaty, a basic price shall be fixed annually, 
for the following marketing year, for fresh and chilled 
sheep carcases. 
(a) measures to improve sheep and goat farming; 2. When the basic price is fixed, account shall be taken in 
particular of: 
(b) measures to promote better organization of produc­
tion, processing and marketing; 
(c) measures to improve quality; (a) the situation on the sheepmeat market during the 
current year; 
(b) the prospects for the production and consumption of 
sheepmeat; 
(d) measures to permit the establishment of short- and 
long-term forecasts on the basis of the means of 
production used; (c) sheepmeat production costs; 
(d) the market situation in the other livestock product 
sectors, particularly the beef and veal sector; 
(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. (e) past experience. 
3. Save where a decision on the contrary is taken by the 
Council, acting by a qualified majority on a proposal from 
the Commission, the marketing year shall begin on the first 
Monday in January and shall end on the day preceding that 
day in the following year. 
12. 12. 88 Official Journal of the European Communities No C 319/39 
4. For the purposes of this Regulation the following 
regions are hereby defined: 
— region 1: Italy, Greece, 
— region 2: France, Belgium, Denmark, Germany, Lux­
embourg, Netherlands, Ireland, United King­
dom, 
— region 3: Spain, Portugal. 
Article 4 
1. A price for fresh or chilled sheep carcases on the 
representative Community markets shall be established on 
the basis of the prices recorded on the representative 
market or markets of each Member State for the various 
categories of fresh or chilled sheep carcases, account being 
taken of both the volume of each category and of the 
amount of sheep production in each Member State. 
2. Detailed rules for the application of this Article, 
including a definition of 'carcase weight', shall be adopted 
in accordance with the procedure laid down in Article 33. 
Article 5 
1. To the extent necessary to offset an income loss by 
sheepmeat producers in one or more regions during a 
marketing year, a premium shall be granted; furthermore, 
in order to offset an income loss by goatmeat producers, a 
premium shall be granted: 
— in the areas indicated in Annex II, and 
— in the mountain and hill areas within the meaning of 
Article 3(3) of Directive 75/268/EEC, other than the 
areas indicated in Annex II to this Regulation, provided 
that it is established following the procedure referred to 
in Article 33 that the production of those areas meets the 
two following criteria: 
(a) goat rearing is mainly directed towards the 
production of goatmeat; 
(b) goat and sheep rearing techniques are similar in 
nature. 
The amount of these premiums shall be fixed immediately 
after the end of the marketing year, and in any event not 
later than 31 March of each year. 
2. The income loss referred to in paragraph 1 shall be 
deemed to be any difference, per 100 kilograms carcase 
weight, between the basic price referred to in Article 3(1) 
and the arithmetic mean of the market prices recorded in 
accordance with Article 4. 3. The premium payable per ewe in each region shall be 
obtained by multiplying the income loss referred to in 
paragraph 2 by a coefficient expressing for each region the 
normal annual production of lambmeat per ewe 100 
kilograms carcase weight. 
Furthermore, in the areas specified in the first and second 
indents of the first subparagraph of paragraph 1, the 
premium payable per she-goat shall be 80 % of the amount 
per ewe in those areas. 
4. If the probable trend in market prices as referred to in 
Article 4 indicates that an income loss is likely during the 
course of the marketing year, the Member State(s) 
concerned may, by the procedure laid down in Article 33, 
be authorized to make in the region or regions concerned an 
advance payment during the marketing year, before the end 
of each half-year, to sheepmeat producers and, in the areas 
specified in the first and second indents of the first 
subparagraph of paragraph 1, to goatmeat producers. 
The amount of the final premium shall be determined after 
the end of the marketing year, in accordance with 
paragraphs 1, 2 and 3, and any balance shall be paid. 
5. 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 33. 
6. The Council, acting by 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 what 
ewes, and in the areas specified in the first and second 
indents of the first subparagraph of paragraph 1, for what 
goats. 
The Council, by the same procedure: 
— may extend the premium scheme to certain mountain-
breed ewes raised in precisely defined areas presenting 
particularly difficult production conditions that do not 
qualify as eligible ewes: in such cases the premium 
payable shall be 80 % of that for eligible ewes; 
— 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 the first and second indents 
of the first subparagraph of paragraph 1, a minimum 
number of ewes and/or she-goats; 
No C 319/40 Official Journal of the European Communities 12. 12. 88 
7. The Commission, acting in accordance with the 
procedure laid down in Article 33: 
— shall fix as appropriate the premium payable per ewe in 
each region and in the areas specified in the first and 
second indents of the first subparagraph of paragraph 1, 
that payable per ewe and she-goat; 
— shall fix for the duration of each marketing year the 
coefficients referred to in paragraph 3; 
— shall adopt implementing rules for this Article covering, 
in particular, the submission of premium applications, 
monitoring arrangements and payment of the premium. 
8. Expenditure under the arrangements provided for in 
this Article shall be deemed to form part of intervention for 
the purpose of stabilizing agricultural markets. 
Article 6 
Intervention measures may take the form of private storage 
aid. 
Article 7 
1. If the price established in accordance with Article 4 is 
lower than 90 % of the basic price referred to in Article 3(1) 
and is likely to remain so, a decision may be taken to grant 
private storage aid as provided for in Article 6 throughout 
the Community. 
A decision may be taken to grant private storage aid in one 
or more regions of the Community if the price recorded on 
the representative market or markets of one or more 
regions is lower than 90 % of the basic price referred to in 
Article 3(1) and is likely to remain so in the region or 
regions concerned; this measure may be regionally 
differentiated. 
2. The Council, acting by a qualified majority on a 
proposal from the Commission, shall adopt general rules 
for the application of this Article. 
3. The procedure laid down in Article 33 shall be used to 
determine: 
(a) the products and product qualities admitted for private 
storage; 
(b) private storage aid amounts and termination of the 
period in respect of which aid may be granted; 
(c) other rules for the implementation of this Article, in 
particular the circumstances in which the intervention 
measures will be applied. Article 7a 
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 in Article 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 a premium 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 the premium for the 
following marketing year. 
3. Detailed rules for the application of this Article, and in 
particular the coefficient and the amount referred to in 
paragraph 2, shall be adopted in accordance with the 
procedure laid down in Article 33. 
4. The Council, acting in accordance with the procedure 
laid down in Article 43 of the EEC Treaty, shall review the 
stabilizer mechanism provided for above by 31 December 
1992. 
TITLE II 
Trade with third countries (*) 
Article 8 
1. The Common Customs Tariff rates of duty shall apply 
to the products listed in Article 1(b), (c) and (d). 
2. The Common Customs Tariff rates of duty shall not 
apply to the products listed in Article 1(a). An import levy 
shall be applicable to these products as provided for in this 
Regulation. 
Article 9 
Import levies shall be fixed each month by the Commission. 
If necessary, the Commission may alter the levies in the 
intervening period. 
Article 10 
1. The levy on fresh or chilled carcases as indicated in 
Annex I under CN codes 0204 10 00, 0204 21 00 and 
(*) Consolidation of Articles 8 to 19 of Regulation (EEC) 
No 1837/80. 
12. 12. 88 Official Journal of the European Communities No C 319/41 
0204 50 11 shall be equal to the difference between the 
basic price and the free-at-Community-frontier offer price. 
2. The free-at-Community-frontier offer price referred to 
in paragraph 1 shall be established on the basis of the 
purchasing possibilities most representative as regards 
quality and quantity recorded during a period to be 
determined prior to the fixing of the levy, account being 
taken in particular of: 
(a) the supply and demand situation for fresh or chilled 
sheepmeat; 
(b) world market prices for frozen sheepmeat of a category 
competitive with fresh or chilled sheepmeat; and 
(c) past experience. 
If necessary, the free-at-frontier offer price shall be 
established on the basis of the most representative 
purchasing possibilities recorded for live sheep. 
3. The levy on live animals of CN codes 0104 10 90 and 
0104 20 90 and on meat as indicated in Annex I under CN 
codes 0205 22 10, 0204 22 30, 0204 22 50, 0204 22 90, 
0204 23 00, 0204 50 13, 0204 50 15, 0204 50 19, 
0204 50 31,0204 50 39,0210 90 11 and 0210 90 19 shall be 
equal to the levy on the product referred to in paragraph 1 
multiplied by a standard coefficient fixed for each of the 
products in question. 
4. The levy chargeable shall be that applicable on the day 
of importation. 
5. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 33. 
Article 11 
1. The levy on frozen meat as indicated in Annex I under 
CN codes 0204 30 00, 0204 41 00 and 0204 50 51 shall be 
equal to the difference between 
(a) the basic price multiplied by a coefficient representing 
the relationship existing in the Community between 
the price of fresh meat of a category competitive with 
the frozen meat in question, presented in the same 
form, and the average price of fresh and chilled sheep 
carcases; and 
(b) the free-at-Community-frontier offer price for the said 
frozen meat. 2. The free-at-Community-frontier offer price referred to 
in paragraph 1(b) shall be established on the basis of the 
purchasing for frozen meat most representative as regards 
quality and quantity, recorded during a period to be 
determined prior to the fixing of the levy, account being 
taken in particular of: 
(a) the foreseeable trend of the market in frozen meat; 
(b) the most representative prices on third-country 
markets for fresh or chilled meat of a category 
competitive with the frozen meat; 
(c) past experience. 
3. For the frozen meat as indicated in Annex I under CN 
codes 0204 42 10, 0204 42 30, 0204 42 50, 0204 42 90, 
0204 43 00; 0204 50 53, 0204 50 55, 0204 50 59, 
0204 50 71, and 0204 50 79 the levy shall be equal to the 
levy fixed for the product referred to in paragraph 1, 
multiplied by a standard coefficient fixed for each of the 
products in question. 
4. The levy chargeable shall be that applicable on the day 
of importation. 
5. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 33. 
Article 12 
1. A special levy may be fixed for products originating in 
or coming from one or more third countries if such exports 
are effected at abnormally low prices. 
2. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 33. 
Article 13 
By way of derogation from Articles 10, 11 and 12: 
(a) levies on products of CN codes 0104 10 90 and 
0104 20 90 shall be limited to the amount resulting 
from voluntary restraint agreements; 
(b) levies on products of code 0204 for which the rate of 
duty has been bound under the General Agreement on 
Tariffs and Trade (GATT) shall be limited to the 
amount resulting from such binding or to that resulting 
from voluntary trade agreements. 
Article 14 
1. The importation into the Community or exportation 
therefrom of any of the products listed in Article 1(a), (c) 
and (d) shall be subject to the submission of an import or 
No C 319/42 Official Journal of the European Communities 12. 12. 88 
export licence issued by the Member States to any applicant 
who so requests, irrespective of the place of his establish­
ment in the Community. 
Such import or export licence shall be valid throughout the 
Community. 
The issue of such licences shall be conditional on the 
provision of a security as a guarantee that importation or 
exportation will be effected during the period of validity of 
the licence. The security shall be wholly or partially forfeit 
if the operation is not carried out, or is only partially 
carried out, within that period. 
2. Detailed rules for the application of this Article, which 
may in particular lay down a time limit for the issue of the 
licences, shall be adopted in accordance with the procedure 
laid down in Article 33. 
Article 15 
1. To the extent necessary to enable the products listed in 
Article A to be exported, the difference between the prices 
for those products on the world market and prices within 
the Community may be covered by an export refund. 
2. The refund shall be the same for the whole Com­
munity. It may be varied according to end-use or 
destination. 
The refund shall be granted on application. 
3. The Council, acting by a qualified majority on a 
proposal from the Commission, shall adopt general rules 
for granting export refunds and for the advance fixing 
thereof. 
4. Refunds shall be fixed at regular intervals in accord­
ance with the procedure laid down in Article 24. ;Where 
necessary the Commission may, at the request of a Member 
State or on its own initiative, alter the refunds in the 
intervening period. 
5. Detailed rules for the application of this Article shall be 
adopted in accordance with the procedure laid down in 
Article 33. 
Article 16 
This Regulation shall be applied with due regard to the 
Community's obligations under international agreements. 
Article 17 
To the extent necessary for the proper working of the 
common organization of the market in sheepmeat, the 
Council, acting by a qualified majority on a proposal from 
the Commission, may prohibit, in whole or in part, the use of inward or outward processing arrangements in respect 
of the products listed in Article 1. 
Article 18 
1. The general rules for the interpretation of the 
Common Customs Tariff and the special rules for its 
application shall apply to the tariff classification of 
products covered by this Regulation; the tariff nomencla­
ture resulting from the application of this Regulation shall 
form part of the Common Customs Tariff. 
The Council, acting by a qualified majority on a proposal 
from the Commission, may adjust this Regulation where 
such adjustment is carried out as a result of an amendment 
to the nomenclature of the Common Customs Tariff, and 
may amend the nomenclature used in this Regulation. 
2. Unless otherwise provided in this Regulation or 
otherwise decided by the Council acting by a qualified 
majority on a proposal from the Commission, the 
following shall be prohibited in trade with third countries: 
— the levying of any charges having effect equivalent to a 
customs duty, 
— the application of any quantitative restriction or 
measure having equivalent effect. 
Article 19 
1. If, by reason of imports or exports, the Community 
market in one or more of the products listed in Article 1 
experiences or is threatened with serious disturbance liable 
to imperil 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 of disturbance 
has ceased. 
The Council, acting by a qualified majority on a proposal 
from the Commission, shall adopt detailed rules for the 
application of this paragraph and define the cases in which 
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 on the necessary measures, which 
shall be communicated to the Member States and shall be 
immediately applicable. If the Commission receives a 
request from a Member State, it shall take a decision 
thereon within 24 hours following receipt of the request. 
3. Measures adopted by the Commission may be referred 
to the Council by any Member State within three working 
days following the day on which they were communicated. 
The Council shall meet without delay. It may, by a 
qualified majority, amend or repeal the measures in 
question. 
12. 12. 88 Official Journal of the European Communities No C 319/43 
TITLE III 
Transitional provisions 
Article 20 
Until the end of the 1992 marketing year the provisions of 
Title I shall be applicable subject to those of the following 
Articles. 
Article 21 
The Council, acting by a qualified majority on a proposal 
from the Commission, shall set, in addition to the price 
referred to in Article 3(1), seasonally adjusted basic prices 
to take account of normal seasonal variations on the 
Community sheepmeat market. 
Article 22 
The following regions are hereby defined: 
— region 1: Italy, Greece, 
— region 2: France, Belgium, Denmark, Germany, Lux­
embourg, Netherlands, Ireland, Northern 
Ireland, 
— region 3: Spain, Portugal, 
— region 4: Great Britain. 
Article 23 
1. A price for fresh or chilled sheep carcases on the 
representative Community market shall be established on 
the basis of the prices recorded on the representative 
market or markets of each region or, as regards regions 1, 2 
and 3, of each Member State for the various categories of 
fresh or chilled sheep carcasses, account being taken of 
both the volume of each category and of the amount of 
sheep farming in each region or, as regards regions 1, 2 and 
3, in each Member State. 
2. Detailed rules for the application of this Article, 
including a definition of 'carcase weight', shall be adopted 
in accordance with the procedure laid down in Article 33. 
Article 24 
1. The income loss referred to in Article 5(1) shall be 
deemed to be any difference, per 100 kilograms carcase 
weight, between the basic price referred to in Article 3(1) 
and the arithmetic mean of the market prices recorded for 
each region in accordance with Article 23. 
2. If a ewe premium is granted in region 2, at the request 
of interested parties: 
— a ewe premium equal to that payable in region 2 may be 
granted in region 1, instead of the premium payable in 
that region, to interested parties who show to the satisfaction of the competent authority that the lambs 
from the ewes that they hold will not be slaughtered 
before the age of two months, 
— a she-goat premium equal to 80 % of the ewe premium 
payable in region 2 may be granted, instead of the 
premium payable in region 1, in the areas of region 1 
indicated in the second indent to the first subparagraph 
of Article 5(1), and in Annex II, to interested parties 
who show to the satisfaction of the competent authority 
that the kids from the she-goats that they hold will not 
be slaughtered before the age of two months. 
3. In region 4 the income loss shall, where the variable 
premium referred to in Article 28 is paid, be reduced by the 
weighted average of the variable premiums actually 
granted. 
This average, which shall be expressed per 100 kilograms 
net weight, shall be obtained by dividing the total amount 
of the premiums actually granted by the weight of the 
certified animals for which the variable premium may be 
granted on slaughter or, as appropriate, when they are first 
placed on the market. 
4. For the purpose of determining the arithmetic mean of 
market prices as referred to in paragraph 1 when the 
intervention measures referred to in Article 26 are applied 
the market price shall, for the period during which buying-
in actually takes place, be replaced by the seasonally 
adjusted intervention price. 
Article 25 
In addition to private storage aid intervention may be taken 
in the form of purchases by intervention agencies of fresh 
sheepmeat in the form of carcases or half-carcases. 
Article 26 
1. If during the period 15 July to 15 December of each 
year the price recorded as provided for in Article 23 is equal 
to or less than a seasonally adjusted intervention price 
corresponding to the following percentages of the season­
ally adjusted basic price: 
— 1989 marketing year: 81 %, 
— 1990 marketing year: 77 %, 
— 1991 marketing year: 73 %, 
— 1992 marketing year: 69 %. 
No C 319/44 Official Journal of the European Communities 12. 12. 88 
and at the same time the price recorded on the represen­
tative markets of a given region is equal to or less than the 
seasonally adjusted intervention price, buying-in as 
provided for in Article 25 shall, at the request of one or 
more Member States, be commenced for the region in 
question. However, in the case of regions 1, 2 and 3, 
buying-in may be carried out for the Member State or 
Member States forming those regions. 
The agencies designated by the Member States concerned 
shall buy in fresh or chilled meat originating in the 
Community of qualities likely to provide the best market 
support. 
2. Buying-in may be carried out only for the qualities 
defined in accordance with paragraph 1 the price of which 
in the Member State or Member States concerned is lower 
than a buying-in price calculated for each of these qualities 
on the basis of the seasonally adjusted intervention price. 
3. Buying-in shall be suspended if the price recorded in 
accordance with Article 30 is higher for a certain period 
than the seasonally adjusted intervention price. 
4. The Council, acting by a qualified majority on a 
proposal from the Commission, shall determine pursuant 
to paragraph 2 the intervention and the seasonally adjusted 
intervention price and shall adopt general rules for the 
application of this Article. 
5. The procedure laid down in Article 39 shall be used: 
(a) for deciding on commencement of intervention as 
indicated in paragraph 1 and on termination of such 
intervention; 
(b) for the adoption of other rules for the application of 
this Article, in particular rules applying to intervention 
purchasing. 
Article 27 
If during the period running from 16 December of one year 
to 14 July of the following year a serious situation should 
arise requiring market support by means of the intervention 
measures referred to Article 26 a decision may be taken, in 
accordance with the procedure laid down in Article 33, to 
apply these measures. 
Article 28 
1. The United Kingdom may grant in region 4, if it does 
not apply the provisions laid down in Article 25 in that 
region, a premium for the slaughter of sheep provided that 
prices recorded on the representative markets of that region 
are below a 'guide level' corresponding to the following 
percentages of the basic price referred to in Article 3(1): 
— 1989 marketing year: 81 %, — 1990 marketing year: 77 %, 
— 1991 marketing year: 73 %, 
— 1992 marketing year: 69 %. 
The guide level referred to in the first subparagraph shall be 
seasonally adjusted in the same way as the basic price. 
2. The amount of the premium referred to in Article 1 
shall be equal to the difference between the seasonally 
adjusted guide level and the market price recorded in the 
region concerned. It shall be fixed each week in the 1989 
marketing year, each month in the 1990 marketing year and 
each quarter from the 1991 marketing year onwards. 
3. Should the premium referred to in paragraph 1 be paid 
in region 3 the Commission shall adopt the necessary 
measures to ensure that an amount equivalent to the 
premium actually granted is charged on all products as 
indicated at (a) and (c) in Article 1 leaving that region. 
4. The Commission shall, in accordance with the 
procedure laid down in Article 33, adopt detailed rules for 
the application of this Article. These may in particular 
include measures to prevent any disturbance to trade in 
livestock, meat or prepared products resulting from 
application of the premium arrangement referred to in 
paragraph 1. 
5. Expenditure incurred under the arrangements pro­
vided for in this Article shall be deemed to form part of 
intervention for the purpose of stabilizing agricultural 
markets. 
Article 28a 
1. The maximum guaranteed level laid down in Article 7a 
shall be broken down as follows: 
— 18 100 000 head for region 4, 
— 43 300 000 head for the other regions. 
2. Should paragraph 2 of Article 7a be applied, the 
intervention price referred to in Article 26(2) and the 'guide 
level' referred to in Article 28 on which the variable 
premium is to be calculated shall be reduced by the same 
percentage as that by which the basic price is reduced 
pursuant to the first indent of Article 7a(2). 
3. Should the United Kingdom apply Article 28, Article 
7a (2) and paragraph 2 of this Article shall apply separately 
to region 4 on the one hand and to all the other regions on 
the other. 
12. 12. 88 Official Journal of the 
TITLE IV (!) 
General provisions 
Article 29 
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 24, but only to the extent that and for such 
period as is strictly necessary for the support of that 
market. 
Article 30 
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. 
Article 31 
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 24. 
Article 32 
1. A Management Committee for Sheep and Goats 
(hereinafter referred to as 'the Committee') is hereby set up, 
consisting of representatives of the 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 
Treaty. The chairman shall not vote. 
Article 33 
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. 
(*) Consolidation of Articles 22 to 30 of Regulation (EEC) 
No 1837/80. Communities No C 319/45 
2. The Commission representative shall submit a draft of 
the measures to be taken. The Committee shall deliver its 
opinion on such measures within a time limit to be set by 
the chairman according to the urgency of the matter. 
Opinions shall be adopted by a majority of 54 votes. 
3. The Commission shall adopt measures which shall 
apply 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. 
Article 34 
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 35 
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 36 
The Annexes may be amended by the Council, acting by a 
qualified majority, on a proposal from the Commission. 
Article 37 
1. Regulation (EEC) No 1837/80 is hereby repealed. 
2. References to the Regulation repealed by paragraph 1 
shall be construed as references to this Regulation. 
References to the Articles of the repealed Regulation shall 
be read in accordance with the correlation table in Annex 
III. 
Article 38 
This Regulation shall enter into force on 2 January 1989. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
No C 319/46 Official Journal of the European Communities 12. 12. 88 
ANNEX I 
CN code 
Section (a) 
0204 10 00 
0204 21 00 
0204 22 10 
0204 22 30 
0204 22 50 
0204 22 90 
0204 23 00 
0204 50 11 
0204 50 13 
0204 50 15 
0204 50 19 
0204 50 31 
0204 50 39 
Section (b) 
0210 90 11 
0210 90 19 
Section (c) 
0204 30 00 
0204 41 00 
0204 42 10 
0204 42 30 
0204 42 50 
0204 42 90 
0204 43 00 
0204 50 51 
0204 50 53 
0204 50 55 
0204 50 59 
0204 50 71 
0204 50 79 Description 
Meat of sheep and goats, fresh or chilled: 
— Carcases and half-carcases of lamb 
— Carcases and half-carcases of sheep other than those of lamb 
— Short forequarters of sheep 
— Chines and/or best ends of sheep 
— Legs of sheep 
— Other cuts with bone in of sheep 
— Boneless cuts of sheep 
— Carcases and half-carcases of goats 
— Short forequarters of goats 
— Chines and/or best ends of goats 
— Legs of goats 
— Other cuts with bone in of goats 
— Boneless cuts of goats 
Meat of sheep and goats salted, in brine, dried or smoked: 
— With bone in 
— Boneless 
Meat of sheep and goats, frozen: 
— Carcases and half-carcases of lamb 
— Carcases and half-carcases of sheep, other than those of lamb 
— Short forequarters of sheep 
— Chines and/or best ends of sheep 
— Legs of sheep 
— Other cuts with bone in of sheep 
— Boneless cuts of sheep 
— Carcases and half-carcases of goats 
— Short forequarters of goats 
— Chines and/or best ends of goats 
— Legs of goats 
— Other cuts with bone in of goats 
— Boneless cuts of goats 
ANNEX 11 
Corse. 
tout le territoire. 
Lazio, Abruzzo, Molise, Campania, Puglia, Basilicata, Calabria, Sicilia et Sardegna. 
communautes autonomes suivantes: Andalousie, Aragon, Baleares, Castille-la Manche, 
Castille et Leon, Catalogne, Estremadure, Galice (a l'exception des provinces de la Corogne et 
Lugo), Madrid, Murcie, la Rioja et Valenciana. 
tout le territoire a l'exception des Acores et de Madere. 1. France: 
2. Grece: 
3. Italie: 
4. Espagne: 
5. Portugal: 
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