Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat
Date: 2001-12-19
Institutions: Council of the European Union
Subjects: common organisation of markets, goatmeat, sheepmeat, single market

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 2529/2001

of 19 December 2001

on the common organisation of the market in sheepmeat and goatmeat

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

(3)

The provisions concerning the common organisation of
the market in sheepmeat and goatmeat have been estab-
lished in a number of regulations. For reasons of clarity
these regulations should be repealed and replaced by a
new Regulation. Council Regulations (EEC) No 2644/80
of 14 October 1980 laying down general rules for inter-
vention with regard to the sheepmeat and goatmeat
sector (4),
(EEC) No 3901/89 of 12 December 1989
defining lambs fattened as heavy carcasses (5), (EEC) No
1323/90 of 14 May 1990 instituting specific aid for
sheep and goat farming in certain less-favoured areas of
the Community (6), (EEC) No 3493/90 of 27 November
1990 laying down general rules for the granting of
premiums to sheepmeat and goatmeat producers (7),
(EEC) No 338/91 of 5 February 1991 determining the
Community standard quality of fresh or chilled sheep
carcasses (8) and Council Regulation (EC) No 2467/98 of
3 November 1998 on the common organisation of the
market in sheepmeat and goatmeat (9) are replaced by
new arrangements in this Regulation and should there-
fore be repealed.

A common organisation of the agricultural markets may
take various forms depending on the product.

In order to attain the objectives set out in Article 33 of
in particular market stability and a fair
the Treaty,
the agricultural community
standard of

living for

(1) OJ C 213 E, 31.7.2001, p. 275.
(2) Opinion delivered on 25 October 2001 (not yet published in the

Official Journal).

(3) Opinion delivered on 17 October 2001 (not yet published in the

Official Journal).

(4) OJ L 275, 18.10.1980, p. 8.
(5) OJ L 375, 23.12.1989, p. 4. Regulation as amended by Regulation

(EC) No 1266/95 (OJ L 123, 3.6.1995, p. 3).

(6) OJ L 132, 23.5.1990, p. 17. Regulation as last amended by Regula-

(4)

(5)

(6)

(7)

(8)

tion (EC) No 193/98 (OJ L 20, 27.1.1998, p. 18).

(7) OJ L 337, 4.12.1990, p. 7. Regulation as last amended by Regula-

tion (EC) No 2825/2000 (OJ L 328, 23.12.2000, p. 1).

(8) OJ L 41, 14.2.1991, p. 1. Regulation as last amended by Regulation

(EC) No 2536/97 (L 347, 18.12.1997, p. 6).

(9) OJ L 312, 20.11.1998, p.1. Regulation amended by Regulation (EC)

No 1669/2000 (OJ L 193, 29.7.2000, p. 8).

facilitating adjustment of

concerned, it is necessary to provide for certain arrange-
ments
supply to market
requirements. Provision should be made for internal
market measures comprising, in particular, a premium
to sheepmeat and goatmeat producers and a private
storage scheme.

take account of

The amount of the premium to be granted to producers
must
the different specialisations of
production systems in the Community. The premium
for she-goats should be granted to producers in specific
areas where goat rearing is mainly directed towards the
production of goatmeat and goat and sheep rearing
techniques are similar in nature.

contributes

significantly

Provision should also be made for the payment of a
supplementary premium to producers in areas where
sheep and goat production constitutes a traditional
activity or
rural
economy. The granting of the supplementary premium
should be limited to producers whose holdings have at
least 50 % of their area used for agriculture situated in
less-favoured areas, as defined pursuant to Council Regu-
lation (EC) No 1257/1999 of 27 May 1999 on support
for rural development from the European Agricultural
Guidance and Guarantee Fund (EAGGF) and amending
and appealing certain regulations (10).

to the

It
the
is opportune for administrative purposes that
earliest date for the payment of the premiums should
coincide with the beginning of the budgetary year. In
order to achieve the desired economic impact, premiums
must be granted within certain time limits.

It is necessary to provide for the possibility to change
the amounts of the premiums in the light of develop-
ments in production, productivity and the markets.

In order to avoid encouraging production and increased
expenditure it is appropriate to maintain individual ceil-
ings for producers. The total number of premium rights
of each Member State should be fixed on the basis of
levels already established.

(10) OJ L 160, 26.6.1999, p. 80.

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(9)

New producers and existing producers whose individual
ceilings do not correspond, for various reasons, to the
changed circumstances of their flocks should not be
excluded from entitlement to the premium. Provision
should therefore be made to operate national reserves to
stocked and administered in accordance with
be
Community criteria. For the same reason, the transfer of
rights to premium without the transfer of the associated
holding should be subject to rules whereby part of the
rights transferred is withdrawn without compensatory
payment and is allocated to that national reserve.

(10)

In order to permit producers to reduce their production
for a limited period, Member States should be enabled to
provide the option of a temporary transfer of premium
rights.

(11) A link should be established between sensitive zones or
localities and the production of sheep and goats so as to
ensure the maintenance of such production, especially in
areas where such production is important for the local
economy.

(12)

The conditions for sheep and goat production and the
income situation of producers varies significantly in
different production areas of the Community. Therefore,
it is appropriate to provide for a flexible framework of
additional Community payments for Member States to
be determined and make within fixed global amounts
and in accordance with certain common criteria in order
to respond adequately to the structural and natural
disparities and the diverse needs of the sector. The global
amounts should be allocated to the Member States on
the basis of their share of premia paid. The common
criteria are intended,
to prevent additional
inter alia,
payments from producing discriminatory effects and to
take full account of the relevant multilateral commit-
ments of the Community. In particular,
it is essential
that Member States be obliged to act exclusively on the
basis of objective criteria,
to pay full regard to the
concept of equal treatment and to avoid market and
competition distortions.

(13)

Intervention measures take the form of private storage
aid, which least affects normal marketing of products. In
order to ensure proper application of such aid,
the
Commission should be fully informed about the devel-
opment of prices on the common market for sheep and
goatmeat.

(14) As a general rule, whenever certain market price criteria
are met the decision to grant private storage aid should
be taken in the context of a tendering procedure.
However, private storage aid could be made more effec-
tive if the amount of the aid is fixed in advance, where
urgent recourse to private storage proves necessary in

(15)

(16)

(17)

(18)

(19)

(20)

the light of a particularly difficult market situation in
one or more quotation areas. It is therefore necessary to
authorise the Commission to carry out advance fixing of
the aid where such a market situation has arisen, even if
the market price criteria in question have not been met.

Trade arrangements, in combination with price arrange-
ments, premiums and intervention arrangements and
containing a system of import duties, should serve to
stabilise the Community market.

The competent authorities should be placed in a posi-
tion to follow trade developments constantly in order to
appraise market developments and, when necessary, the
possible application of measures provided for in this
Regulation. To that end, provision should be made for
issuing import
the
corresponding export licences providing a guarantee to
ensure the fulfilment of dealings for which the licences
are sought.

licences and, where appropriate,

In order to prevent or counteract adverse effects on the
market in the Community due to the importation of
certain agricultural products, the importation of one or
more of these products must be subject to additional
import duties if certain conditions are fulfilled.

It is appropriate, under certain conditions, to empower
the Commission to open and administer tariff quotas
resulting from international agreements concluded in
accordance with the Treaty or resulting from other acts
of the Council.

In addition to the system described above, provision
should be made to the extent necessary for its proper
working, for prohibiting in whole or in part, the use of
inward or outward processing arrangements, when the
situation on the market so requires.

frontiers of

The customs duty arrangements make it possible to
the
dispense with all other protective measures at
the
the Community. However,
external
mechanism of common prices and customs duties may,
in exceptional circumstances, prove inadequate. In such
cases, in order to avoid leaving the Community market
without protection against consequential disturbances
the
following
Community should be able to take all necessary meas-
ures without delay. These measures must be
in
conformity with the Community's obligations, including
its international obligations.

removal

barriers,

import

the

of

(21) Measures may also have to be taken when a substantial
rise or fall in price disturbs or threatens to disturb the
Community market.

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(22)

(23)

(24)

resulting from the
Restrictions on free movement
application of measures intended to prevent the spread
of animal diseases may cause difficulties on the market
of one or more Member States. Exceptional market
support measures may have to be introduced in order to
remedy such situations.

The proper working of a single market based on
common prices would be jeopardised by the granting of
the Treaty
certain aids. Therefore,
governing State aid should apply to sheepmeat and goat-
meat.

the provisions of

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

(25)

Expenditure incurred by the Member States in carrying
out obligations under this Regulation falls within the
scope of Council Regulation (EC) No 1258/1999 of 17

(26)

(27)

May 1999 on the financing of the common agricultural
policy (2).

There are concerns about the environmental impact of
sheep and goat production in certain regions of the
Community. The Commission should draw up a report
on this subject on the basis of experience gained if
necessary accompanied by proposals.

The change from the arrangements under Regulation
(EC) No 2467/98 to those provided for in this Regula-
tion could give rise to difficulties, which are not dealt
with in this Regulation.
In order to deal with such
difficulties, the Commission should be enabled to adopt
transitional measures. The Commission should also be
authorised to solve specific practical problems,

HAS ADOPTED THIS REGULATION:

The common organisation of the market in sheepmeat and goatmeat shall comprise an internal market
system and trading system and cover the following products:

Article 1

CN code

Description

(a)

0104 10 30

Lambs (up to one year old)

0104 10 80

Live sheep other than pure-bred breeding animals and lambs

0104 20 90

Live goats other than pure-bred breeding animals

0204

Meat of sheep or goats, fresh, chilled or frozen

0210 99 21 Meat of sheep and goats, with bone in, salted,

in brine, dried or smoked

0210 99 29 Meat of sheep and goats, boneless, salted,

in brine, dried or smoked

(b)

0104 10 10

Live sheep — pure-bred breeding animals

0104 20 10

Live goats — pure-bred breeding animals

0206 80 99

Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical
products

0206 90 99

Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products

0210 99 60

Edible offal of sheep and goats, salted,

in brine, dried or smoked

ex 1502 00 90

Fats of sheep or goats, other than those of 1503

(c)

(d)

1602 90 72
1602 90 74

Other prepared or preserved meat or offal of sheep or goats, uncooked; mixtures of cooked and
uncooked meat or offal

1602 90 76
1602 90 78

Other prepared or preserved meat or offal of sheep or goats, other than uncooked or mixtures

TITLE I

INTERNAL MARKET

Article 2

(a) measures to improve sheep and goat farming;

In order to encourage action by trade and joint trade organ-
isations 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:

(b) measures to promote better organisation of production,

processing and marketing;

(c) measures to improve quality;

(d) measures to permit the establishment of short- and long-
term forecasts on the basis of the means of production
used;

(1) OJ L 184, 17.7.1999, p. 23.

(2) OJ L 160, 26.6.1999, p. 103.

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(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 37(2) of
the Treaty.

CHAPTER I

DIRECT PAYMENTS

Article 3

For the purposes of this Title the following definitions shall
apply:

(a) ‘producer’ shall mean an individual

farmer, whether a
natural or a legal person or group of natural or legal
irrespective of
persons,
status conferred by
law on such a group or its members, whose
national
holding is located in Community territory and who is
engaged in rearing ovine or caprine animals;

the legal

(b) ‘holding’ shall mean all production units managed by the
producer and located within the territory of a single
Member State;

(c) ‘ewe’ shall mean any female of the ovine species having

lambed at least once or aged at least one year;

(d) ‘she-goat’ shall mean any female of the caprine species
having kidded at least once or aged at least one year.

S e c t i o n 1

Ewe and goat premium

Article 4

A producer keeping ewes on his holding may qualify, on
(ewe

a premium for maintaining ewes

1.
application for
premium).

A producer keeping she-goats on his holding may qualify,
2.
on application for a premium for maintaining she-goats (goat
premium). This premium shall be granted to producers in
specific areas where the production meets the following two
criteria:

1. goat rearing is mainly directed towards the production of

goatmeat;

Per

5.
EUR 16,8.

she-goat

the amount of

the premium shall be

6.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
25(2).

S e c t i o n 2

Supplementary premium

Article 5

A supplementary premium shall be paid to producers in
1.
areas where sheep and goat production constitutes a traditional
activity or contributes significantly to the rural economy.
Member States shall define these areas. In any event the supple-
mentary premium shall only be granted to a producer whose
its area used for agriculture
holding has at
situated in less-favoured areas defined pursuant to Regulation
(EC) No 1257/1999.

least 50 % of

The supplementary premium shall also be granted to a

2.
producer practising transhumance provided that:

(a) at least 90 % of the animals for which the premium is
applied are grazed for at least 90 consecutive days in an
eligible area established in accordance with paragraph 1,
and

(b) the seat of

the holding is situated in a well-defined
geographical area for which it has been established by the
Member State that transhumance is a traditional practice of
sheep and/or goat rearing and that these animal move-
ments are necessary owing to the absence of forage in
sufficient quantity during the transhumance period.

3.
The amount of the supplementary premium shall be set
at EUR 7 per ewe and per she-goat. The supplementary
premium shall be granted under the same conditions as those
laid down for the grant of the ewe and goat premium.

4.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
25(2).

S e c t i o n 3

Common provisions

2. goat and sheep rearing techniques are similar in nature.

Article 6

A list of such areas shall be established following the procedure
referred to in Article 25(2).

3.
The ewe premium and the goat premium shall be granted
in the form of an annual payment per eligible animal per
calendar year and per producer within the limits of individual
ceilings. The minimum number of animals in respect of which
an application for a premium is lodged shall be determined by
the Member State. This minimum shall not be less than 10 or
greater than 50.

4.
Per ewe, the amount of the premium shall be EUR 21.
However for producers marketing sheep's milk or products
based on sheep's milk the premium per ewe shall be
EUR 16,8.

1.
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 accord-
ance with the procedure referred to in Article 25(2).

Payments shall be made as soon as the inspections provided for
in Council Regulation (EEC) No 3508/92 of 27 November
1992 establishing an integrated administration and control
system for certain Community aid schemes (1) are carried out
but not earlier than 16 October of the calendar year in respect
of which they are applied for, and not later than 31 March of
the following calendar year.

(1) OJ L 355, 5.12.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 495/2001 (OJ L 72, 14.3.2001, p. 6).

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Once a Regulation providing for new rules on the identi-
2.
fication and registration of sheep and goats becomes applic-
able, to qualify for the premium an animal shall be identified
and registered in accordance with these rules.

Article 7

The amounts of the premiums may be changed in the light of
developments in production, productivity and the markets, in
accordance with the procedure laid down in Article 37(2) of
the Treaty.

S e c t i o n 4

Individual limits

Article 8

1.
On 1 January 2002 the individual ceiling per producer,
subject to paragraphs 2 and 3, shall be equal to the number of
premium rights which he held on 31 December 2001 in
accordance with the relevant Community rules.

2. Member States shall
take the necessary measures to
ensure that, from 1 January 2002, the sum of premium rights
on their territory does not exceed the national ceilings set out
in Annex I and that the national reserves referred to in Article
10 may be maintained.

3. Where the measures taken pursuant
to paragraph 2
necessitate a reduction of individual ceilings held by producers,
that reduction shall be carried out without compensatory
payment and decided on the basis of objective criteria.

Those criteria shall

include:

(a) the rate at which producers have used their individual
ceilings during the three reference years prior to the year
2001;

(b) particular natural circumstances or

the application of
penalties, resulting in a non-payment or a reduced payment
of the premium for at least one reference year;

(c) additional exceptional circumstances having the effect that
the payments made for at least one reference year do not
correspond to the actual situation as established during the
previous years.

4.
Premium rights, which have been withdrawn pursuant to
the measure taken pursuant to paragraph 2 shall be abolished.

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
25(2).

Article 9

1. When a producer sells or otherwise transfers his holding,
he may transfer all his premium rights to the person who takes
over his holding.

A producer may also transfer, in whole or in part, his

2.
rights to other producers without transferring his holding.

In the case of a transfer of rights without transfer of the
holding, a part of
transferred, not
exceeding 15 %, shall be surrendered, without compensation to

the premium rights

the national reserve of the Member State where his holding is
situated for redistribution free of charge.

Member States may acquire premium rights from producers
who agree, on a voluntary basis, to surrender their rights, in
whole or in part. In this case payments for the acquisition of
such rights may be made to such producers either from
national budgets or as provided for under Article 11(2), fifth
indent.

By way of derogation from paragraph 1 and in duly justified
circumstances, Member States may provide that in the case of a
sale or other transfer of the holding, the transfer of rights is
carried out by the intermediary of the national reserve.

3. Member States may take the necessary measures to avoid
premium rights being moved away from sensitive zones or
regions where sheep production is especially important for the
local economy.

4. Member States may authorise, before a date that they
shall determine,
the
temporary transfers of
premium rights, which are not intended to be used by the
producer who holds them.

that part of

5.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
25(2).

These detailed rules may concern in particular:

(a) provisions enabling Member States to resolve specific prob-
lems linked to the transfer of premium rights by producers
who do not own the areas on which their holdings are
situated, and

(b) specific rules relating to the minimum number, which may

form the subject of a partial transfer.

Article 10

Each Member State shall maintain a national reserve of

1.
premium rights.

2.
Any premium rights withdrawn pursuant to Article 9(2)
or other Community provisions shall be added to the national
reserve.

3. Member States may allocate premium rights to producers,
within the limits of their national reserves. When making the
allocation they
to
in particular
newcomers, young farmers or other priority producers.

give precedence

shall

4.
Detailed rules for the application of this Article, in partic-
ular, rules concerning the withdrawal and reallocation of
unused premium rights, shall be laid down in accordance with
the procedure referred to in Article 25(2).

CHAPTER II

ADDITIONAL PAYMENTS

Article 11

1. Member States shall, on a yearly basis, make additional
payments totalling the global amounts set out in Annex II.

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Member States may decide to supplement the global amounts
set out in Annex II by reducing the amounts of the payments
referred to in Article 4. The reduction in the amounts, which
may be applied on a regional basis, shall not exceed one euro.

The payments shall be made, on a yearly basis, according to
objective criteria including, in particular, the relevant produc-
tion structures and conditions, and in such a way as to ensure
equal treatment between producers and to avoid market and
competition distortions. Payments shall be made within the
time limit provided for in Article 6. Moreover, such payments
shall not be linked to fluctuations of market prices. They may
be made on a regional basis.

2.

Payments may include,

in particular, the following:

— payments to producers engaged in specific types of produc-
tion, in particular related to quality, which are important
for the local economy or the protection of the environ-
ment;

— an increase in the premium set out in Article 4. The addi-
tional amounts may be subject
to the application of
stocking density requirements, to be determined by the
Member State according to local conditions;

— support

for restructuring of producers' holdings or the

development of producers' organisations;

— area payments to producers, to be granted per hectare of
forage area, which is available to a producer during the
calendar year concerned and in respect of which no
payments are claimed for the same year under the support
system for producers of certain arable crops, under the aid
system for dried fodder and under Community aid schemes
for other permanent or horticultural crops;

— payments to producers who surrender their rights on a

voluntary basis pursuant to Article 9(2);

— support

improvement
processing and marketing of sheep and goatmeat.

and rationalisation of

the

for

3.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in Article
25(2).

CHAPTER III

PRIVATE STORAGE

Article 12

1.
The Commission may decide to grant private storage aid
when there is a particularly difficult market situation in one or
more quotation areas. Quotation area shall mean:

(a) Great Britain;

(b) Northern Ireland;

(c) every other Member State taken separately.

The aid shall be introduced in the framework of a tendering
procedure.

However, it may be decided to grant aid in the framework of
an advance fixing procedure where urgent recourse to private
storage proves necessary.

2.
Detailed rules for the application of this Article shall be
adopted and the granting of aids for private storage shall be
decided in accordance with the procedure referred to in Article
25(2).

TITLE II

TRADE WITH THIRD COUNTRIES

Article 13

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.

The list of products

2.
licences are
required, the term of validity of licences and other detailed
rules for the application of this Article shall be adopted in
accordance with the procedure referred to in Article 25(2).

for which export

Article 14

Import and export
Community.

licences shall be valid throughout

the

The rates of duty in the Common Customs Tariff shall apply to
the products listed in Article 1.

Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community
and without prejudice to measures taken for the application of
Article 16.

The issuing of such licences may be 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.

Article 15

1.
In order to prevent or counteract adverse effects on the
market in the Community which may result from imports of
certain products listed in Article 1, imports of one or more of
such products at the rate of duty laid down in the Common
Customs Tariff shall be subject to payment of an additional
import duty if the conditions to be determined by the Commis-
sion pursuant to paragraph 4, are fulfilled, unless the imports
are unlikely to disturb the Community market, or where the
effects would be disproportionate to the intended objective.

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Imports made at a price below the level notified by the
2.
Community to the World Trade Organisation (‘trigger price’)
may be subject to an additional

import duty.

(d) provide for recognition of the document used for verifying

the guarantees referred to in (c); and

If the volume of imports in any year in which the adverse
effects referred to in paragraph 1 arise or are likely to arise
exceeds a level based on market access opportunities defined as
imports as a percentage of
the corresponding domestic
consumption during the three previous years (‘trigger volume’),
import duty may be imposed.
an additional

(e) establish the conditions under which import licences are

issued and their term of validity.

Article 17

3.
The import prices to be taken into consideration for
imposing an additional import duty pursuant to paragraph 2,
first subparagraph, shall be determined on the basis of the cif
import prices of the consignment under consideration.

Cif import prices shall be checked to that end against the
representative prices for the product on the world market or
on the Community import market for that product.

1.
To the extent necessary for the proper working of the
common organisation of the market in the products referred to
in Article 1 of this Regulation, the Council, acting in accord-
ance with the voting procedure laid down in Article 37(2) of
the Treaty on a proposal from the Commission, may, in special
cases, prohibit in whole or in part the use of inward processing
arrangements in respect of products referred to in the said
Article 1.

The Commission shall adopt detailed rules

4.
the
application of this Article in accordance with the procedure
laid down in Article 25(2). Such rules shall specify in particular
the products to which additional import duties may be applied.

for

Article 16

1.
Tariff quotas for the products listed in Article 1 resulting
from agreements concluded in accordance with Article 300 of
the Treaty or from any other act of the Council shall be opened
and administered in accordance with detailed rules adopted
under the procedure laid down in Article 25(2).

Quotas shall be administered by applying one of the

2.
following methods or a combination of them:

(a) method based on chronological order of the lodgement of

applications (‘first-come, first served’ principle);

(b) method of distribution in proportion to the quantities
requested when the applications were lodged (using the
‘simultaneous examination method’);

(c) method based on taking traditional

trade patterns into

account (using the ‘traditional/new arrival method’).

Other appropriate methods may be adopted. They must avoid
any discrimination between the operators concerned.

3.
The methods 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.

2.
By way of derogation from paragraph 1, if the situation
referred 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 arrangements,
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 more than six months and shall be
immediately applicable. If the Commission receives a request
from a Member State, it shall take a decision thereon within a
week following receipt of the request.

3. Measures decided on by the Commission may be referred
to the Council by any Member State within a week of the day
on which they were notified. The Council, acting by a qualified
the Commission
majority, may confirm, amend or repeal
decision.

If the Council has not acted within three months, the Commis-
sion decision shall be deemed to have been repealed.

Article 18

1.
The general rules for the interpretation of the Combined
Nomenclature and the detailed rules for its application shall
apply to the tariff classification of products referred to in
Article 1. The tariff nomenclature resulting from the applica-
tion of this Regulation shall be incorporated into the Common
Custom Tariff.

4.

The detailed rules referred to in paragraph 1 shall:

(a) provide for annual quotas, suitably phased over the year, if

necessary;

(b) determine the administrative method to be used;

(c) include, where appropriate, guarantees covering the nature,
provenance and origin of the product and, where appro-
priate, the maintenance of traditional trade patterns;

2.
Save as otherwise provided for in this Regulation or in
provisions adopted pursuant thereto, the following shall be
prohibited in trade with third countries:

(a) the levying of any charge having equivalent effect to a

customs duty;

(b) the application of any quantitative restriction or measure

having equivalent effect.

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Article 19

1.
If, by reason of an increase in imports or exports, the
Community market in one or more of the products referred to
in Article 1 of this Regulation is affected by, or is threatened
with, serious disturbance likely to jeopardise the achievement
of the objectives set out in Article 33 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 general rules for the application
of this paragraph and shall define the circumstances and limits
within which Member States may adopt protective measures.

notify the Member States of those measures, which shall apply
the Commission receives a request
immediately.
from a
If
Member State,
it shall take a decision thereon within three
working days following receipt of the request.

3. Measures decided upon by the Commission may be
referred to the Council by any Member State within three
working days of the day on which they were notified. The
Council shall meet without delay. It may, acting by a qualified
majority, amend or annul the measure in question.

If the situation referred to in paragraph 1 arises, the
2.
Commission shall, at the request of a Member State or on its
own initiative, decide upon the necessary measures. It shall

This Article shall be applied having regard to the
including its international obliga-

4.
Community's obligations,
tions.

TITLE III

GENERAL PROVISIONS

Article 20

Member States shall record prices of ovine animals and of meat
of ovine animals on the basis of rules to be established by the
Commission in accordance with the procedure referred to in
Article 25(2).

Article 21

1. When a substantial rise or fall in prices is recorded on the
Community market and this situation is likely to continue,
thereby disturbing or threatening to disturb the market, the
necessary measures may be taken in accordance with the
procedure referred to in Article 25(2).

2.
Detailed rules for the application of this Article shall be
adopted by the Commission in accordance with the procedure
referred to in Article 25(2).

Article 22

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 referred to in Article 25(2), but only to the
extent that and for such period as is strictly necessary for the
support of that market.

Article 23

Save as otherwise provided in this Regulation, Articles 87, 88
and 89 of the Treaty shall apply to the production of, and trade
in, the products referred to in Article 1 of this Regulation.

Rules for the communication and distribution of such informa-
tion shall be adopted in accordance with the procedure referred
to in Article 25(2).

Article 25

1.
The Commission shall be assisted by the Management
Committee for Sheep and Goats composed of representatives
of the Member States and chaired by the representative of the
Commission.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its rules of procedure.

Article 26

Measures which are both necessary and duly justified to
resolve, in an emergency, practical and specific problems shall
be adopted in accordance with the procedure referred to in
Article 25(2).

Such measures may derogate from certain parts of this Regula-
tion, but only to the extent that, and for such a period, as is
strictly necessary.

Article 24

Member States and the Commission shall communicate to each
other the information necessary for implementing this Regula-
tion.

Regulation (EC) No 1258/1999 and the provisions adopted in
implementation thereof shall apply to the expenditure incurred
by the Member States in carrying out obligations under this
Regulation.

Article 27

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Article 28

By 31 December 2005 at the latest, the Commission shall
report to the European Parliament and the Council on the
environmental consequences of sheep and goat farming in
certain regions of the Community as well as on the impact of
the premium regime and on the functioning of the additional
payments system, taking into account the consequences of the
improvement in the identification and registration of sheep and
If appropriate the report shall be accompanied by
goat.
proposals. The report shall take account in particular of reports
made by Member States on the implementation of measures
provided for under Article 3 of Regulation (EC) No 1259/1999.

References to the repealed Regulations shall be construed as
references to this Regulation and should be read in accordance
with the correlation table in Annex III.

Article 30

The measures required to facilitate the transition from the
arrangements provided for in the Regulations referred to in
Article 29 to those established by this Regulation shall be
adopted in accordance with the procedure referred to in Article
25(2).

Article 31

1.
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Communities.

Article 29

2.

It shall apply as from 1 January 2002.

Regulations (EEC) No 2644/80, (EEC) No 3901/89, (EEC) No
1323/90, (EEC) No 3493/90, (EEC) No 338/91, and (EC) No
2467/98 are hereby repealed.

3.
Regulations (EEC) No 2644/80, (EEC) No 3901/89, (EEC)
No 1323/90, (EEC) No 3493/90, (EEC) No 338/91, and (EC)
No 2467/98 shall continue to apply in relation to the 2001
marketing year.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 December 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK

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ANNEX I

INDIVIDUAL RIGHTS TO EWE AND GOAT PREMIUM

Member State

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal (1)

Finland

Sweden

United Kingdom

Total

Rights
(× 1 000)

70

104

2 432

11 023

19 580

7 842

4 956

9 575

4

930

206

2 690

80

180

19 492

79 164

(1) Excluding the extensification programme set out in Council Regulation (EC) No
1017/94 of 26 April 1994 concerning the conversion of land currently under
arable crops to extensive livestock farming in Portugal (OJ L 112, 3.5.1994, p.
2). Regulation as amended by Regulation (EC) No 1461/95 (OJ L 144,
28.6.1995, p. 4).

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ANNEX II

GLOBAL AMOUNTS REFERRED TO IN ARTICLE 11

(expressed in thousands of euro)

Belgium

Denmark

Germany

Greece

Spain

France

Ireland

Italy

Luxembourg

Netherlands

Austria

Portugal

Finland

Sweden

United Kingdom

64

79

1 793

8 767

18 827

7 083

4 875

6 920

4

743

185

2 275

61

162

20 162

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ANNEX III

CORRELATION TABLE

Regulation (EEC) No 1323/90

This Regulation

Regulation (EEC) No 3493/90

This Regulation

Article 5

—
—
—
Article 3(a)
Article 3(b)
Article 5
—
—

Regulation (EC) No 2467/98

This Regulation

Article 1

Article 1(1)
Article 1(2)
Article 1(3)
Article 1(4)
Article 1(5)
Article 2
Article 3
Article 4

Article 1
Article 2
Article 3
Article 4
Article 5(1)
Article 5(2), 5(3)
Article 5(4)
Article 5(5)
Article 5(6)
Article 5(7), 5(8), 5(9), 5(10)
Article 6(1), 6(2), 6(3)
Article 6(4)(a)
Article 6(4)(b)
Article 6(4)(c)
Article 6(4)(d)
Article 6(4)(e)
Article 6(4)(f)
Article 6(5)
Article 6(6)
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 25
Article 26
Article 27
Article 28

Article 1
Article 2
—
Article 20
Article 4(1)
Article 4(4)
—
Article 4(2)
Article 6
—
—
—
Article 9(1), (2)
Article 9(2), 9(3)
Article 9(4)
—
Article 9(5)
—
—
Article 10
—
—
Article 8(2)
—
Article 12
—
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 22
Article 23
Article 24
Article 25
—
—
—