Proposal for a Council Regulation on the common organisation of the market in pigmeat (Codified version)
Date: 2003-05-26
Institutions: European Commission
Subjects: codification of EU law, common organisation of markets, pigmeat

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.05.2003
COM(2003) 297 final

2003/0104 (CNS)

Proposal for a

COUNCIL REGULATION

on the common organisation of the market in pigmeat

(Codified version)

(presented by the Commission)

1.

2.

3.

4.

5.

1

2

3

4

EXPLANATORY MEMORANDUM

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative measures should be codified after no more than ten amendments, stressing
that  this  was  a  minimum  requirement  and  that  departments  should  endeavour  to
codify at even shorter intervals the texts for which they are responsible, to ensure that
the Community rules were clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

The purpose of this proposal3 is to undertake the codification of Council Regulation
(EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in
pigmeat. The new Regulation will supersede the various Regulations incorporated in
it4;  their  content  is  fully  preserved,  and  they  are  brought  together  with  only  such
formal amendments as are required by the codification exercise itself.

The codification proposal was drawn up on the basis of a preliminary consolidation,
in  all  official  languages,  of  Regulation  (EEC)  No  2759/75  and  the  instruments
amending  it,  carried  out  by  the  Office  of  Official  Publications  of  the  European
Communities,  by  means  of  a  data-processing  system.  Insofar  as  the  Articles  have
been  given  new  numbers,  the  correlation  between  the  old  and  the  new  numbers  is
shown in a table contained in Annex II to the codified Regulation.

COM(1987) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
Annex I to this proposal.

2

                                                
(cid:1) 2759/75 (adapted)

2003/0104 (CNS)

Proposal for a

COUNCIL REGULATION

on the common organisation of the market in pigmeat

(cid:1) 2759/75 (adapted)

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Articles (cid:2) 36 (cid:3) and (cid:2) 37 (cid:3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament1,

Having regard to the opinion of the European Economic and Social Committee2,

Whereas:

(1) 

Council  Regulation  (EEC)  No  2759/75  of  29  October  1975  on  the  common
organisation of the market in pigmeat3 has been substantially amended several times4.
In the interests of clarity and rationality the said Regulation should be codified.

(cid:1) 

(2) 

The operation and development of the  common market in agricultural products must
be  accompanied  by  the  establishment  of  a  common  agricultural  policy  to  include  in
particular  a  common  organisation  of  agricultural  markets,  which  may  take  various
forms depending on the product.

(cid:1) 2759/75

1

2

3

4

OJ C
OJ C
OJ L 282, 1.11.1975, p. 1; Regulation as last amended by Regulation (EC) No 1365/2000 (OJ L 156,
29.6.2000, p. 5).
See Annex I.

3

                                                
(3) 

The  aim  of  the  common  agricultural  policy  is  to  attain  the  objectives  set  out  in
Article 33  of  the  Treaty.  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. The latter may take the form of buying in
by  intervention  agencies.  However,  aid  should  also  be  provided  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.  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 intervention should be specified.

(4) 

The creation of a single Community market for pigmeat involves the introduction of a
single trading system at the external frontiers of the Community.

(cid:1) 2759/75 (adapted)

(5) 

Under  the  Uruguay  Round  of  multilateral  trade  negotiations,  the  Community  has
negotiated  various  agreements.  Several  of  those  agreements  concern  agriculture,  in
particular the Agreement on Agriculture5 (hereinafter referred to as “the Agreement”).

(cid:1) 3290/94 Recital (2) (adapted)

(6) 

The rates of  customs  duty  applicable  to  agricultural  products  in  accordance  with  the
Agreement (cid:2) shall (cid:3) be fixed in the Common Customs Tariff.

(cid:1) 3290/94 Recital (3) (adapted)

(7) 

In order to maintain a minimum level of protection against the adverse effects on the
market as a result of tarification, the Agreement permits the application of additional
customs  duties  under  precisely  defined  conditions  but  only  to  products  subject  to
tarification.

(cid:1) 3290/94 Recital (4) (adapted)

(cid:1) 3290/94 Recital (5) (adapted)

(8) 

The  Agreement  provides  for  a  series  of  tariff  quotas  under  arrangements  for  current
and minimum access. The conditions applicable to such quotas are spelled out in detail
in the  Agreement.  In  view  of the  large number of quotas  and in  order  to  ensure  that
they are implemented as effectively as possible, the Commission should be responsible
for  opening  and  administering  them  (cid:2),  in  particular  by  demanding  an  import
licence (cid:3).

5

OJ L 336, 23.12.1994, p. 22.

4

                                                
(9) 

By  virtue  of  the  Agreement,  the  granting  of  export  subsidies  is  limited  to  certain
groups  of  agricultural  products  defined  therein.  In  addition,  it  is  subject  to  limits  in
terms of quantity and value.

(cid:1) 3290/94 Recital (9) (adapted)

(10)  Monitoring of constraints in terms of  quantity  calls  for  the  introduction  of  a  reliable
and  effective  system  of  monitoring.  To  that  end,  the  granting  of  refunds  should  be
made subject to an export licence.

(cid:1) 3290/94 Recital (11) (adapted)

(cid:1) 3290/94 Recital (12) (adapted)

(11) 

In  the  common  organisation  of  the  market  (cid:2) in  pigmeat (cid:3),  the  exclusion  from
recourse to the arrangements for inward processing traffic falls exclusively within the
competence of the Council. In the economic conditions arising under the Agreement, it
could prove necessary to react rapidly to market problems arising from the application
of  the  said  arrangements.  In  that  regard  competence  should  be  conferred  on  the
Commission to adopt urgent measures which are limited in time.

(12)  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.  Provision  should  be  made  for  the  introduction  of  exceptional
measures of market support to remedy such a situation.

(cid:1) 2759/75 Recital (11)

(13)  The common organisation of the market in pigmeat must take account, in appropriate
manner  and  at  the  same  time,  of  the  objectives  set  out  in  Articles  (cid:2) 33 (cid:3)  and
(cid:2) 131 (cid:3) of the Treaty.

(cid:1) 2759/75 Recital (14) (adapted)

(cid:1) 2759/75 Recital (13)

(14)  The  establishment  of  a  single  market  based  on  a  common  price  system  would  be
jeopardised  by  the  granting  of  certain  aids.  Therefore,  the  provisions  of  the  Treaty
which allow the assessment of aids granted by Member States and the prohibition of
those  which  are  incompatible  with  the  common  market  should  be  made  to  apply  to
pigmeat.

5

(15)  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 Commission6.

(cid:1) 

(16)  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  Article  2  of  Council  Regulation  (EC)  No  (cid:2) 1258/1999 (cid:3)7  of
(cid:2) 17 May 1999 (cid:3) on the financing of the Common Agricultural Policy.

(cid:1) 2759/75 Recital (15) (adapted)

HAS ADOPTED THIS REGULATION:

(cid:1) 2759/75 (adapted)

(cid:1) CHAPTER I (cid:2)

(cid:1) Scope (cid:2)

Article 1

The common organisation of the market in pigmeat shall comprise a price and trading system
and cover the following products:

(cid:1) 3906/87 Art. 1 point 1

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

6

7

OJ L 184, 17.7.1999, p. 23.
OJ L (cid:1) 160, 26.6.1999, p. 103 (cid:2).

6

                                                
ex 0210

1501 00 11

1501 00 19

Meat and edible meat offal of domestic swine, salted, in brine, dried or
smoked

Lard 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

Homogenised preparations of meat, meat offal or blood

1602 20 90

Preparations or preserves of liver of any animal, other than goose or
duck

Other preparations and preserves containing meat or offal of domestic
swine 

1602 41 10

1602 42 10

1602 49 11 to
1602 49 50

1602 90 10

Preparations of blood of any animal

1602 90 51

1902 20 30

Other preparations or preserves containing meat or meat offal of
domestic swine

Stuffed pasta, whether or not cooked or otherwise prepared, containing
more than 20 % by weight of sausages and the like, of meat and meat
offal of any kind, including fats of any kind or origin

(cid:1) 2759/75

CHAPTER II

Prices

(cid:1) 2759/75 (adapted)

Article 2

(cid:2) 1. (cid:3) In order to encourage action by trade and joint trade organisations 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:

(cid:2) (a) (cid:3) measures to promote better organisation of production, processing and

marketing;

(cid:2) (b) (cid:3) measures to improve quality;

7

(cid:2) (c) (cid:3) measures to permit the establishment of short- and long-term forecasts

on the basis of the means of production used;

(cid:2) (d) (cid:3) measures to facilitate the recording of market price trends.

(cid:2) 2. (cid:3) General 

in
paragraph 1 (cid:3)  shall  be  adopted  in  accordance  with  the  procedure  laid  down  in
Article 37(2) of the Treaty.

concerning  (cid:2) the (cid:3)  measures  (cid:2) referred 

rules 

to 

(cid:2) 1. (cid:3) The  following  intervention  measures  may  be  taken  to  prevent  or  mitigate  a

Article 3

substantial fall in prices:

(cid:2) (a) (cid:3) aid for private storage;

(cid:2) (b) (cid:3) buying in by intervention agencies.

(cid:2) 2. (cid:3) Private storage aid may be granted for products to be determined in accordance

with the rules laid down in Article 5.

(cid:1) 3906/87 Art. 1 point 2
(adapted)

(cid:2) 3. (cid:3) 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.

(cid:1) 2759/75

Article 4

(cid:1) 1365/2000 Art. 1 point 1
(adapted)

1.

The basic price for meat of domestic swine, in carcases or half carcases, hereinafter
referred to as «slaughtered pigs», of the standard quality shall be EUR 1 509.39/t.

(cid:2) 2. (cid:3) The  standard  quality  shall  be  defined  in  terms  of  the  weight  and  lean-meat
content  of  pig  carcases,  determined  in  accordance  with  Article  2(2)  and  (3)  of
Council Regulation (EEC) No 3220/848 as follows:

(cid:2) (a) (cid:3) carcases weighing from 60 to less than 120 kg: grade E;

8

OJ L 301, 20.11.1984, p. 1.

8

                                                
(cid:2) (b) (cid:3) carcases weighing from 120 to 180 kg: grade R.

(cid:1) 2759/75 (adapted)

(cid:2) 3. (cid:3) Intervention measures may be taken when the Community market price for pig
carcases, as established by reference 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.

(cid:2) 4. (cid:3) The  intervention  agencies  designated  by  the  Member  States  shall  take

intervention measures under the conditions laid down in Articles 5, (cid:2) 6 and (cid:3) 7.

5.

6.

1.

2.

(cid:1) 1249/89 Art. 1 point 3
(adapted)

The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,
shall lay down the Community sale for grading pig carcases.

The procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3) shall apply for the purposes
of:

(cid:2) (a) (cid:3) deciding to take intervention measures and the date on which they shall

cease to apply;

(cid:2) (b) (cid:3) adopting the list of representative markets;

(cid:2) (c) (cid:3) adopting detailed rules for the application of this Article.

(cid:1) 2759/75

Article 5

(cid:1) 1423/78 Art. 1

The buying-in price for pig carcases of standard quality may not be more than 92%
or less than 78% of the basic price.

(cid:1) 3290/94 Art. 2 and Annex X, I,
point 2

For  products  of  standard  quality  other  than  pig  carcases,  buying-in  prices  shall  be
derived  from  the  buying-in  price  for  pig  carcases  on  the  basis  of  the  ratio  existing
between  the  commercial  value  of  these  products  to  the  commercial  value  of  pig
carcases.

9

3.

4.

1.

2.

1.

2.

(cid:1) 2759/75 (adapted)

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.

The procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3) 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  Article,  in  particular  the
conditions governing the buying-in and storage of products in respect of which
the intervention measures provided for in Article 3 are applied;

(d)

fixing the coefficient expressing the ratio referred to in paragraph 2 (cid:2) of this
Article (cid:3).

(cid:1) 3290/94 Art. 2 and Annex X, I,
point 3 (adapted)

(cid:1) 2759/75 (adapted)

Article 6

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.

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 (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

Article 7

The  Council,  acting  by  a  qualified  majority  on  a  proposal  from  the  Commission,
shall adopt general rules for granting private storage aid.

Detailed  rules  of  application  shall  be  adopted  in  accordance  with  the  procedure
(cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

10

(cid:1) 3290/94 Art. 2 and Annex X, I,
point 4 (adapted)

CHAPTER III

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.

(cid:2) 2. (cid:3) (cid:2) Import or export l (cid:3) icences 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 Articles 11 and 13.

(cid:2) 3. (cid:3) 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.

(cid:2) 4. (cid:3) The  term  of  validity  of  (cid:2) import  or  export (cid:3)  licences  and  other  detailed
rules  for  the  application  of  this  Article  shall  be  adopted  in  accordance  with  the
procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2). (cid:3)

(cid:1) 3290/94 Art. 2 and Annex X, I,
point 4

Article 9

Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff
shall apply to the products listed in Article 1.

(cid:1) 3290/94, Art. 2 and Annex X, I,
point 4 (adapted)

Article 10

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 Article 10 shall be subject
to payment of an additional import duty if the conditions set out in Article 5 of the
Agreement  on  Agriculture  have  been  fulfilled  unless  the  imports  are  unlikely  to

11

disturb the Community market, or where the effects would be disproportionate 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 Trade Organization.

3.

4.

1.

2.

The  trigger  volumes  to  be  exceeded  in  order  to  have  the  additional  import  duty
imposed shall be determined particularly 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.

Cif  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.

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.

The  Commission  shall  adopt  detailed  rules  for  the  application  of  this  Article  in
accordance  with  the  procedure  (cid:2) referred  to (cid:3)  in  Article  (cid:2) 22(2) (cid:3).  Such
detailed rules shall specify in particular:

(a)

(b)

the products to which additional import duties shall be applied under the terms
of Article 5 of the Agreement on Agriculture;

the other criteria necessary to ensure application of paragraph 1 in accordance
with Article 5 of that Agreement.

(cid:1) 3290/94, Art. 2 and Annex X, I,
point 4, (adapted)

Article 11

Tariff  quotas  for  the  products  listed  in  Article  1,  resulting  from  agreements
concluded in the framework of the Uruguay Round of multilateral trade negotiations,
shall be opened and administered in accordance with detailed rules adopted under the
procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

Quotas  shall  be  administered  by  applying  one  of  the  following  methods  or  a
combination of them:

(cid:2) (a) (cid:3) method based on the chronological order of the lodging of applications

(“first come, first served” principle);

(cid:2) (b) (cid:3) method  of  distribution  in  proportion  to  the  quantities  requested  when

the applications were lodged (using the “simultaneous examination” method);

(cid:2) (c) (cid:3) method  based  on  taking  traditional  trade  patterns  into  account  (using

the “traditional/new arrivals” method).

Other appropriate methods may be adopted.

12

3.

4.

1.

2.

3.

They must avoid any discrimination between the operators concerned.

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  possibly  drawing  on  methods
which may have been applied in the past to quotas corresponding to those referred to
in paragraph 1, without prejudice to the rights resulting from agreements concluded
in the framework of the Uruguay Round (cid:2) multilateral trade (cid:3) negotiations.

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)

(c)

recognition of the document used for verifying the guarantees referred to in (a);
and

the  conditions  under  which  import  licences  are  issued  and  their  term  of
validity.

(cid:1) 3290/94, Art. 2 and Annex X, I,
point 4 (adapted)

Article 12

Where prices on the Community market rise significantly and where that situation is
likely  to  continue,  thereby  disturbing  or  threatening  to  disturb  that  market,  the
measure provided for in paragraph 4 may be taken.

representative  markets 

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 
to
Commission Regulation (EEC) No 2123/899 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  cyclical  trends  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, taking into account any
amendment  of  the  basic  price  by  comparison  with  the  price  emerging  from  the
average for the said period.

the  Annex 

given 

in 

The significant rise in prices is likely to continue within 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/EEC10;

9

10

OJ L 203, 15.7.1989, p. 23.
OJ L 149, 21.6.1993, p. 1.

13

                                                
4.

1.

2.

3.

(c)

foreseeable trends in market prices for pig carcases.

Where the conditions listed in paragraphs (cid:2) 1, 2 and 3 (cid:3) are met, total or partial
suspension  of  import  duties  may  be  decided  on  in  accordance  with  the  procedure
(cid:2) referred  to (cid:3) in Article (cid:2) 22(2) (cid:3).  Detailed  rules  for  the  application  of  this
Article shall, if necessary, be adopted in accordance with the same procedure.

(cid:1) 3290/94, Art. 2 and Annex X, I,
point 4 (adapted)

Article 13

To 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
accordance  with
the 
Article (cid:2) 300 (cid:3)  of  the  Treaty,  the  difference  between  those  quotations  or  prices
and prices in the Community may be covered by export refunds.

agreements 

concluded 

resulting 

limits 

from 

in 

The method to be adopted for the allocation of the quantities which may be exported
with a refund shall be the method which:

(a)

is most  suited  to  the  nature  of  the  product  and  the  situation  on  the  market  in
question,  allowing  the  most  efficient  possible  use  of  the  resources  available,
account  being  taken  of  the  efficiency  and  structure  of  Community  exports
without, however, creating discrimination between large and small operators;

(b)

is  least  cumbersome  administratively  for  operators,  account  being  taken  of
administration requirements;

(c)

avoids any discrimination between the operators concerned.

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  (cid:2) referred  to (cid:3)  in
Article (cid:2) 22(2) (cid:3).  Refunds  shall  be  fixed  at  regular  intervals,  without  recourse,
however, to the tendering procedure.

(cid:2) 4. (cid:3) The  list  of  products  on  which  an  export  refund  is  granted  and  the  amount  of
such refund shall be fixed at least once every three months. The amount of the refund
may, however, remain at the same level for more than three months and may, where
necessary, be adjusted in the intervening period by the Commission at the request of
a Member State or on its own initiative.

(cid:2) 5. (cid:3) The following shall be taken into account when refunds are being fixed:

(a)

the existing situation and the future trend with regard to:

– 

prices and availabilities of pigmeat products on the Community market;

14

– 

prices for pigmeat products on the world market;

(b)

the need to avoid disturbances likely to cause a prolonged imbalance between
supply and demand on the Community market;

(c)

the economic aspect of the proposed exports;

(d)

limits  resulting  from  agreements  concluded 

the 
Article (cid:2) 300 (cid:3) of the Treaty.

in  accordance  with

When 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 pigmeat, the  coefficients  referred  to  in  Article  5(2)
also being taken into account in the case of products other than pig carcases.

(cid:2) 6. (cid:3) 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.

(cid:2) 7. (cid:3) The world market prices referred to in paragraph 1 shall be established on the

following basis:

(a)

prices obtaining on third-country markets;

(b)

(c)

the  most  favourable  prices  in  third  countries  of  destination  for  third-country
imports;

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.

(cid:2) 8. (cid:3) Refunds  shall  only  be  granted  on  application  and  on  presentation  of  the

relevant export licence.

(cid:2) 9. (cid:3) 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  destination  indicated  on  the
licence.  In  that  case,  the  amount  applicable  may  not  exceed  the  amount
applicable for the destination indicated on the licence.

15

Appropriate measures may be taken to prevent abuse of the flexibility provided for in
this paragraph.

(cid:2) 10. (cid:3) Paragraphs (cid:2) 8 (cid:3) and (cid:2) 9 (cid:3) 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 procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

(cid:2) 11. (cid:3) The refund shall be paid upon proof:

(cid:2) (a) (cid:3) that the products have been exported from the Community;

(cid:2) (b) (cid:3) that the products are of Community origin, except where paragraph 12

applies; and

(cid:2) (c) (cid:3) 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  (cid:2) 9 (cid:3)  (b).  Exceptions  may  be
made 
in
Article (cid:2) 22(2) (cid:3), provided conditions are laid down which offer equivalent
guarantees.

in  accordance  with 

the  procedure 

laid  down 

this  rule 

to 

(cid:2) 12. (cid:3) 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:

(cid:2) (a) (cid:3) that the product to be exported and the product previously imported are

one and the same; and

(cid:2) (b) (cid:3) 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.

(cid:2) 13. (cid:3) Compliance with the limits on volumes arising from agreements concluded in
accordance with Article (cid:2) 300 (cid:3) of the Treaty shall be ensured on the basis of the
export  certificates  issued  for  the  reference  periods  provided  for  therein  and
applicable to the products concerned. With regard to compliance with the obligations
arising  (cid:2) under  agreements  concluded  during 
the  multilateral  commercial
negotiations  of  the  Uruguay  Round, (cid:3)  the  ending  of  a  reference  period  shall  not
affect the validity of export licences.

(cid:2) 14. (cid:3) Detailed rules for the application of this Article, including the arrangements for
redistributing  unallocated  or  unused  exportable  quantities,  shall  be  adopted  in
accordance with the procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

16

1.

2.

3.

1.

2.

1.

(cid:1) 3290/94, Art. 2 and Annex X, I,
point 4 (adapted)

Article 14

To  the  extent  necessary  for  the  proper  working  of  the  common  organisation  of  the
market in pigmeat, the Council, acting in accordance with the voting procedure laid
down  in  Article  (cid:2) 37 (cid:3)  (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  listed  in  Article  1  which  are  intended  for  the
manufacture of products listed in that Article.

In 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.

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  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

The general rules for the interpretation of the combined 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 application of this Regulation
shall be incorporated in the Common Customs Tariff.

Save as otherwise provided for in this Regulation or pursuant to a provision thereof,
the following shall be prohibited in trade with third countries:

(cid:2) (a) (cid:3) the levying of any charge having equivalent effect to a customs duty;

(cid:2) (b) (cid:3) the  application  of  any  quantitative  restriction  or  measure  having

equivalent effect.

Article 16

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 jeopardise the achievement of the objectives set out in Article (cid:2) 33 (cid:3) of
the  Treaty,  appropriate  measures  may  be  applied  in  trade  with  third  countries  until
such disturbance or threat of disturbance has ceased.

17

The  Council,  acting  on  a  proposal  from  the  Commission  in  accordance  with  the
voting  procedure  laid  down  in  Article  (cid:2) 37 (cid:3)  (2)  of  the  Treaty,  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.

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; the
Member  States  shall  be  notified  of  such  measures,  which  shall  be  immediately
applicable. If the Commission receives a request from a Member State, it shall take a
decision thereon within three working days following receipt of the request.

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.

This  Article  shall  be  applied  having  regard  to  the  obligations  arising  from
agreements concluded in accordance with Article (cid:2) 300 (cid:3) (2) of the Treaty.

2.

3.

4.

(cid:1) 2759/75

CHAPTER IV

General provisions

(cid:1) 2759/75 Article 19 (adapted)

Article 17

Products  as  specified  in  Article  1,  which  are  manufactured  or  obtained  from  products  not
coming within Articles (cid:2) 23 (cid:3) (2) and (cid:2) 24 (cid:3) (1) of the Treaty, shall not be admitted to
free circulation within the Community.

(cid:1) 1473/86 Art. 1 (adapted)

Article 18

In  order  to  take  account  of  any  restrictions  on  intra-Community  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 accordance with the procedure (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3). Such
measures may  be taken only in so far as  and  for  such period  as  is strictly  necessary  for  the
support of that market.

18

(cid:1) 2759/75 Article 21 (adapted)

Article 19

Save  as  otherwise  provided  in  this  Regulation,  Articles (cid:2) 87,  88  and  89 (cid:3)  of  the  Treaty
shall apply to the production of and trade in the products specified in Article 1.

(cid:1) 2759/75 Article 22 (adapted)

Article 20

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 (cid:2) referred to (cid:3) in Article (cid:2) 22(2) (cid:3).

(cid:1) 2759/75 Article 26 (adapted)

Article 21

This Regulation shall be so applied that  appropriate account is taken, in appropriate manner
and  at  the  same  time,  of  the  objectives  set  out  in  Articles (cid:2) 33 (cid:3)  and (cid:2) 131 (cid:3)  of  the
Treaty.

(cid:1) 1365/2000 Art. 1 point 4

Article 22

1.

2.

The  Commission  shall  be  assisted  by  the  Management  Committee  for  Pigmeat,
hereinafter referred to as “the Committee”.

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

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

3.

The Committee shall adopt its rules of procedure.

19

(cid:1) 2759/75 Article 25

Article 23

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.

(cid:1) 

Article 24

Regulation (EEC) No 2759/75 is repealed.

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

(cid:1) 2759/75 Article 29 (adapted)

Article 25

This Regulation shall enter into force on (cid:2) the seventh day following that of its publication
in the Official Journal of the European Union (cid:3).

(cid:1) 2759/75

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

Done at Brussels, […]

For the Council
The President
[…]

20

(cid:4)

ANNEX I

Repealed Regulation and its successive amendments

Council  Regulation  (EEC)  No  2759/75  (OJ  L  282,
1.11.1975, p. 1)

Council Regulation (EEC) No 367/76 (OJ L 45,
21.2.1976, p. 1)

Council  Regulation  (EEC)  No  1423/78  (OJ  L
171, 28.6.1978, p. 19)

Commission  Regulation  (EEC)  No  2966/80  (OJ
L 307, 18.11.1980, p. 5)

as regards Article 4 only

Council  Regulation  (EEC)  No  3768/85)  (OJ  L
362, 31.12.1985, p. 8)

as regards point 14 of the Annex only

Council  Regulation  (EEC)  No  1473/86  (OJ  L
133, 21.5.1986, p. 36)

Council  Regulation  (EEC)  No  1475/86  (OJ  L
133, 21.5.1986, p. 39)

only  as  regards  the  reference  made  in
Article  1  thereof  to  Article  9(1)(a)  of
Regulation (EEC) No 2759/75

Council  Regulation  (EEC)  No  3906/87  (OJ  L
370, 30.12.1987, p. 11)

as regards Article 1 only

Council  Regulation  (EEC)  No  1249/89  (OJ  L
129, 11.5.1989, p. 12)

Council Regulation (EC) No 3290/94 (OJ L 349,
31.12.1994, p. 105)

as regards Annex X, I only

Council  Regulation  (EC)  No  1365/2000  (OJ  L
156, 29.6.2000, p. 5)

_____________

21

ANNEX II

CORRELATION TABLE

Regulation (EEC) No 2759/75

This Regulation

Article 1(1)

Article 1

Article 2, first subparagraph, first indent

Article 2(1)(a)

Article 2, first subparagraph, second indent

Article 2(1)(b)

Article 2, first subparagraph, third indent

Article 2(1)(c)

Article 2, first subparagraph, fourth indent

Article 2(1)(d)

Article 2, second subparagraph

Article 2(2)

Article 3, first subparagraph, first indent

Article 3(1)(a)

Article 3, first subparagraph, second indent

Article 3(1)(b)

Article 3, second subparagraph

Article 3, third subparagraph

Article 4(1), first subparagraph

Article 4(1), second subparagraph, first
indent

Article 3(2)

Article 3(3)

Article 4(1)

Article 4(2)(a)

Article 4(1), second subparagraph, second
indent

Article 4(2)(b)

Article 4(2)

Article 4(3)

Article 4(5)

Article 4(6), first indent

Article 4(6), second indent

Article 4(6), third indent

Article 5

Article 6

Article 7

Article 4(3)

Article 4(4)

Article 4(5)

Article 4(6)(a)

Article 4(6)(b)

Article 4(6)(c)

Article 5

Article 6

Article 7

Article 8(1), first subparagraph

Article 8(1)

22

Article 8(1), second subparagraph

Article 8(1), third subparagraph

Article 8(2)

Article 9

Article 10

Article 11(1)

Article 8(2)

Article 8(3)

Article 8(4)

Article 9

Article 10

Article 11(1)

Article 11(2), first subparagraph, first indent

Article 11(2), first subparagraph, (a)

Article 11(2), first subparagraph, second
indent

Article 11(2), first subparagraph, (b)

Article 11(2), first subparagraph, third indent Article 11(2), first subparagraph, (c)

Article 11(2), second subparagraph

Article 11(2), second subparagraph

Article 11(2), third subparagraph

Article 11(2), third subparagraph

Article 11(3) and (4)

Article 11(3) and (4)

Article 12

Article 12

Article 13(1) and (2)

Article 13(1) and (2)

Article 13(3), first and second subparagraphs Article 13(3)

Article 13(3), third subparagraph

Article 13(4)

Article 13(5), first subparagraph

Article 13(4)

Article 13(5)

Article 13(6)

Article 13(5), second subparagraph

Article 13(7)

Article 13(6)

Article 13(7)

Article 13(8)

Article 13(9), first indent

Article 13(9), second indent

Article 13(9), third indent

Article 13(8)

Article 13(9)

Article 13(10)

Article 13(11)(a)

Article 13(11)(b)

Article 13(11)(c)

Article 13(10), first subparagraph, first indent Article 13(12), first subparagraph, (a)

23

Article 13(10), first subparagraph, second
indent

Article 13(12), first subparagraph, (b)

Article 13(10), second subparagraph

Article 13(12), second subparagraph

Article 13(11)

Article 13(12)

Article 14

Article 15(1)

Article 15(2), first indent

Article 15(2), second indent

Article 16

Article 19

Article 20

Article 21

Article 22

Article 26

Article 24

Article 25

Article 27

Article 28

_____

Article 29

Annex

_____

_____

Article 13(13)

Article 13(14)

Article 14

Article 15(1)

Article 15(2)(a)

Article 15(2)(b)

Article 16

Article 17

Article 18

Article 19

Article 20

Article 21

Article 22

Article 23

_____

_____

Article 24

Article 25

_____

Annex I

Annex II

_____________

24