CELEX: 51998PC0088
Language: en
Date: 1998-03-10
Title: Proposal for a Council Regulation (EC) on the common organization of the market in sheepmeat and goatmeat (codified version)

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          Brussels, 10.03.1998
                                          COM(1998) 88 final
                                          98/ 0062 (CNS)
                           Proposal for a
                 COUNCIL REGULATION (EC)
on the common organization of the market in sheepmeat and goatmeat
                         (codified version)
                  (presented by the Commission)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
 In the context of a people's Europe, the Commission attaches great importance to simplify-
 ing 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 consolidation 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 decided to instruct its staff that all legislative
 measures should be consolidated after no more than ten amendments, stressing that this
 was a minimum requirement and that departments should endeavour to consolidate at even
 shorter intervals the texts for which they were responsible, to ensure that the Community
 rules were clear and readily understandable.
 The Conclusions of the Presidency of the Edinburgh European Council (December 1992)
 confirmed this, stressing the importance of legislative consolidation as it offers certainty as
 to the law applicable to a given matter at a given time.
 It 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 legislative
 consolidation. Parliament, the Council and the Commission have agreed, by an interinstitu-
 tional agreement dated 20 December 1994, that an accelerated procedure may be used for
 the fast-track adoption of codification instruments.
  The purpose of this proposal (l) for legislative consolidation of Council Regulation (EEC)
  No 3013/89 of 25 September 1989 on the common organization of the market in sheep-
  meat and goatmeat, is to undertake official codification of this type. The new regulation
  will supersede the various directives incorporated in it ( 2 ); their content is fully preserved,
  and they are brought together with only such formal amendments as are required by the
  codification exercise itself.
 This legislative consolidation proposal was drawn up on the basis of a preliminary conso-
 lidation, in all the official languages, of Regulation (EEC) No 3013/89 and the instruments
 amending it, carried out by the Office for Official Publications of the European Commu-
 nities, by means of the data-processing system referred to in the conclusions of the Euro-
 pean Council meeting at Edinburgh. Although the articles have been given new numbers,
 the old numbering has been retained in the margin for ease of reference; the correlation
 between the old and new numbers is shown in a table set out in the Annex II, Part A, to
 the consolidated Regulation.
(*) Entered in the legislative programme for 1997.
(2) See Annex II, Part B of the present proposal.
 ---pagebreak---                                             PROPOSAL FOR A
                                COUNCIL REGULATION (EC) No ..7...
                                                     of...
               on the common organization 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 42 and 43 thereof,
      Having regard to the proposal of the Commission,
      Having regard to the opinion of the European Parlia-
      ment (1),
      Having regard to the opinion of the Economic and So-
      cial Committee (2);
(1)  Whereas Council Regulation (EEC) No 3013/89 of 25
      September 1989, on the common organization of the
      market in sheepmeat and goatmeat (3) has been fre-
     quently and substantially amended (4), whereas for rea-
     sons of clarity and rationality the said Regulation should
     therefore be codified;
(2)  Whereas the operation and development of the common                3013/89
     market in agricultural products must be accompanied by
     the establishment of a common agricultural policy in-
     volving common organization of the agricultural markets;
     whereas the form of such organization may vary from
     one product to another;
(3)  Whereas in order to attain the objectives set out in Ar-
     ticle 39 of the Treaty, in particular market stability and a
     fair standard of living for the agricultural community
     concerned, it is necessary to retain certain arrangements
     facilitating adjustment of supply to market requirements;
    whereas, in particular, Community sheepmeat and goat-
     meat producers should continue to be granted a pre-
     mium to compensate for loss of income, and intervention
     measures should be continued;
(4) 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;
    ()
    (       OJ L 289, 7.10.1989, p. 1. Regulation as last amended by
      ?
      3     Regulation (EC) No 1589/% (OJ No L 206,16.8.1996, p.
    ( )     25).
    (4)     See Annex H, Part B.
 ---pagebreak---  (5)  Whereas the amount of the premium to be granted to            3013/89
      producers, determined on the basis of a Community             (adapted)
      single income loss, must take account of the different
      specializations of production systems in the Community;
      whereas, in order to limit any increase in the budget cost
      in this sector, provision should be made for limiting the
      full rate of the premium to 1 000 animals per producer
      in the less-favoured areas within the meaning of Council
      Directive 75/268/EEC (l) and to 500 animals per pro-
      ducer in other areas; whereas, above these figures, the
      premium will continue to be paid at the reduced level of
      50%;
 (6)  Whereas it is opportune for administrative purposes that      2069/92
      the latest date for the payment of the premium should         (adapted)
      coincide with the end of the budgetary year;
 (7)  Whereas the upward trend in ewe numbers in the Com-        3. (adapted)
      munity and the resulting substantial drop in prices are
      having serious repercussions on the market balance;
      whereas, while being partly curbed by the various
      measures, in particular as regards prices and stabilizers,
      this trend has nevertheless resulted in an increase in
      production and in EAGGF expenditure;
 (8)  Whereas, subject to special provisions applicable to pro-     (adapted)
      ducer groups, an individual limit should be imposed on
      each producer, based on the total premiums granted for
      the 1991 marketing year to each producer;
 (9)  Whereas, in order to take account of trends in produc-     5. (adapted)
      tion throughout the Community, this total should how-
      ever be multiplied by a coefficient established for each
      Member State and representing the ratio between the
      total number of ewes eligible at the beginning of 1989,
      1990 or 1991 and the total number of eligible animals
      conferring entitlement to the premium for the 1991
      marketing year; whereas, however, special provisions
      should be adopted for Germany in order to take account
      of certain specific problems in the new 'Lander';
(10)  Whereas new producers and existing producers whose            (adapted)
      reference flocks are not in line with the normal trend in
      ewe numbers should not be excluded from entitlement
      to the premium; whereas, to that end, provision should
      be made for a national reserve made up initially of a
      flat-rate levy on the individual limits of all producers;
      whereas provision should be made to increase the re-
      serve in less-favoured areas;
 (!) OJNoL128,19.5.1975, p. 1; Directive replaced by Regulation
     (EC) No 950/97 (OJ L 142, 2.6. 1997, p. 1).
 ---pagebreak--- (11) Whereas changes in production may be made necessary          7. 2069/92
     by possible alterations to the assets or production capa-       (adapted)
     city of recipients; whereas, therefore, provision should be
     made that entitlements to the premium acquired in re-
     spect of individual limits may be transferred under cer-
     tain conditions to other producers; whereas, in order to
     make the system of transfer as flexible as possible, it is
     appropriate to allow the transfer of rights to take place
     also without the transfer of the holding; whereas it is
     appropriate to submit the transfer to rules which allow
     some rights to be surrendered, without payment to the
     national reserve in order that it can provide, in particu-
     lar, rights for new entrants;
(12) Whereas, in order to take account of the fact that pro-         (adapted)
     ducers should be permitted to reduce their production
     for a limited period, it is appropriate to authorize the
     Member States to provide the option of a temporary
     transfer of premium rights;
(13) Whereas it is opportune to establish a link between          9.
     sensitive zones or localities and the production of sheep
     and goats so as to ensure the maintenance of this pro-
     duction especially in areas where there is no other alter-
     native;
(14) Whereas the individual ceiling placed on the premium            233/94
     per producer leads to a limitation of the number of eli-        (adapted)
     gible ewes and goats;
(15) Whereas this measure renders nugatory limits per head        3.
     for the purpose of determining the amount of premiums
     to be paid in the sector, without affecting the right to
     premiums which producers already enjoy; whereas, there-
     fore, provision should be made for the possibility of
     rectifying individual limits;
(16) Whereas the grant of an individual limit per producer           1265/95
     for obtaining the right to the premium may give rise to         (adapted)
     administrative difficulties in the case of certain groups of
     producers, in particular family groups, during the
     transfer of premium rights between members of the said
     groups; whereas, therefore, for reasons of correct admi-
     nistration, provision should be made for certain groups
     to be exempted, under certain conditions, from payment
     to the national reserve of the percentage of rights pro-
     vided for in the case of a transfer of rights without
     transfer of holding; whereas that provision should not
     lead to an increase in individual rights currently allo-
     cated in each Member State, nor give rise to the forma-
     tion of new producer groups created with the sole aim
     of avoiding payment to the national reserve of the per-
     centage of rights provided for in the case of a transfer of
     rights without transfer of holding;
 ---pagebreak--- (17) Whereas the individual limit was established on the basis     1265/95
     of the total amount of premiums granted for the 1991
     marketing year for each producer; whereas in Italy and
     in Greece, because that marketing year was a year of
     transition between two different premium systems, a
     number of producers were not able to submit an ap-
     plication for a premium for the 1991 marketing year for
     the number of eligible animals they held; whereas, in
     order to remedy this situation, special reserves should be
     created for Italy and for Greece corresponding to the
     estimated maximum number of rights which the pro-
     ducers concerned were unable to claim; whereas the
     competent authorities of those two Member States
     should initially be allowed to grant new rights up to the
     limit of the special reserve referred to above and then,
     subject to verification by the Commission of the correct
     allocation of the rights granted, in particular in the re-
     gions most affected, the national reserves will be in-
     creased for Italy and Greece by the sum of the rights
     newly granted with effect from the 1995 marketing year;
(18) Whereas it is necessary to clarify the conditions under       1589/%
     which special provisions may be adopted by Germany in         (adapted)
     order to take account of the specific problems which re-
     main in the new Lander,
(19) Whereas, in order to effect a smooth passage from the
     current provisions in the territories of the new German
     Lander to the premium regime applicable in the rest of
     the Community, certain temporary measures may be
     found to be necessary,
(20) Whereas, within the framework of the production of         4. 233/94
     sheepmeat and goatmeat, environmental protection has          (adapted)
     become an important element which must be taken into
     consideration; whereas Member States should thus have
     the possibility of limiting or abolishing payments under
     the premium regime for producers of sheepmeat and
     goatmeat, if the producer in question does not fully
     comply with the rules fixed by the Member States with
     respect to the environment, subject to compliance with
     the proportionality principle;
(21) Whereas, as regards intervention measures, provision       5. 3013/89
     should be made for them to take the form of private
     storage aid, which least affects normal marketing of
     products;
 ---pagebreak--- (22) Whereas, as a general rule, whenever certain market              1589/96
     price criteria are met the decision to grant private stor-       (adapted)
     age aid should be taken in the context of a tendering
     procedure; whereas however, that private storage aid
     could be made more effective if the amount of the aid is
     fixed in advance, where urgent recourse to private stor-
     age proves neces-sary in the light of a particularly diffi-
     cult market situation in one or more quotation areas;
     whereas it is therefore necessary to authorize the Com-
     mission to carry out advance fixing of the aid where such
     a market situation has arisen, even if the market price
     criteria referred to above have not been met;
(23) Whereas the purpose of the abovementioned premium is             3013/89
     to ensure a fair return for producers; whereas, however,
     in view of the possibilities for disposal on the Commu-
     nity market and the Community's international commit-
     ments, 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 situ-
     ation; 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 for ewes on
     31 December 1987 in the regions concerned and provi-
     sion should be made for its eventual revision;
(24) Whereas the introduction of individual limits by pro-        10. 2069/92
     ducers for the granting of the premium by maintaining            (adapted)
     flock numbers at their existing level, should reduce very
     appreciably the risk of budgetary overspending; whereas,
     in these circumstances, the coefficient for reducing the
     basic price referred to in Article 13 (2) of this Regula-
     tion should be fixed at the level adopted for the 1990
     marketing year;
(25) Whereas trade arrangements, in combination with price
     arrangements, premiums and intervention arrangements
     and containing a system of import duties, should serve
     to stabilize the Community market; whereas this trading
     arrangement is based on the agreements concluded in
     the framework of the Uruguay Round of multilateral
     trade negotiations, hereinafter referred to as the "GATT
     Agreement";
 ---pagebreak--- (26) Whereas the competent authorities should be placed in a    11. 3013/89
     position to follow trade developments constantly in order      (adapted)
     to appraise market developments and, when necessary,
     the possible application of measures provided for this
     Regulation; whereas to that end, provision should be
     made for issuing import licences and, where appropriate,
     the corresponding export licences providing a guarantee
     to ensure the fulfilment of dealings for which the li-
     cences are sought;
(27) Whereas in order to prevent or counteract adverse ef-
     fects on the market in the Community due to the im-
     portation of certain agricultural products, the import-
     ation of one or more of these products must be subject
     to additional import duties if certain conditions are ful-
     filled;
(28) Whereas under certain conditions, the Commission
     should be empowered to open and administer tariff quo-
     tas arising under the GATT Agreement;
(29) Whereas, in addition to the system described above,        13. (adapted)
     provision should be made to the extent necessary for its
     proper working, prohibiting in whole or in part, when
     the situation on the market so requires, the use of in-
     ward or outward processing arrangements;
(30) Whereas the customs duty arrangements make it poss-        14. (adapted)
     ible 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 these measures must be in conformity with trie
     obligations arising from the GATT Agreement;
(31) Whereas there are provisions for the possibility of            1855/74
     measures to be taken when a substantial price rise dis-        (adapted)
     turbs or threatens to disturb the Community market;
     whereas the situation on the market demands that such
     provision be extended to cover the case of a substantial
     fall in prices;
(32) Whereas restrictions on free movement resulting from       15. 3013/89
     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 provi-
     sion should be made for the introduction of exceptional
     market support measures in order to remedy such situ-
     ations;
(33) Whereas, in order to facilitate implementation of the      16.
     proposed measures, a procedure should be provided for
     establishing close cooperation between the Member
     States and the Commission within a management com-
     mittee;
 ---pagebreak--- (34)  Whereas the common organization of the market in            17. 3013/89
      sheepmeat and goatmeat must take appropriate account
      of the objectives set out in both Article 39 and Article
      110 of the Treaty;
(35)  Whereas the proper working of the internal market           18. (adapted)
      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;
(36)  Whereas expenditure incurred by the Member States in        20. (adapted)
      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 (l).
      HAS ADOPTED THIS REGULATION:
     (*) OJ No L 94, 28.4.1970, p. 13. Regulation as last amended
          by Regulation (EC) No 1287/95 (OJ No L 125, 8.6.1995,
          p. 1).
 ---pagebreak---                         CHAPTER I                              3013/89
                                                               (adapted)
                            Scope
                          Article 1                            3890/92 - Art. 5(1)
                                                               (adapted)
The common organization of the market in sheepmeat and                                            Article 1
goatmeat shall comprise a price system and trading system
and cover the following products:
      CNcode                        Description
 (a) 010410 30     Live lambs up to a year old
      01041080     Live other sheep other than purebred
                   breeding animals
      0104 2090    Live goats other than purebred breeding
                   animals
      0204         Meat of sheep or goats, fresh, chilled or
                   frozen
      0210 9011    Meat of sheep and goats, with bone in,
                   salted, in brine, dried or smoked
      0210 90 19   Meat of sheep and goats, boneless, salted,
                   in brine, or smoked
 (b) 0104 10 10    Live sheep — purebred breeding animals
      0104 2010    Live goats — purebred breeding animals
      0206 8099    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 90 60   Edible offal of sheep and goats, salted, in
                   brine, dried or smoked
   6X15Q2QQ9Q      Fats of sheep or goats, other than those in 1096/94 - Art 1(2) - 1734/96 - Art. 1
                   No 15Q3
                                                               1734/96 - Art. 1
 (c)ifiû2J&LZZ     Other prepared or preserved meat or offal
      16Q2 9Q74    of sheep or goats, uncooked; mixtures of
                   cooked and uncooked meat or offal
                                                               1734/96 - Art. 1
 (d)16Q2 9Q7fi     Other prepared or preserved offal of
      1602 90 78   sheep or goats
                                           10
 ---pagebreak---                            CHAPTER II                         3013/89   TITLE I
                                                              (adapted)
       Price, premium and intervention arrangements
                            Article 2                                   Article 2
 In order to encourage action by trade and joint trade or-
 ganizations to facilitate the adjustment of supply to market
 requirements, the following Community measures may be
 taken in respect of the products listed in Article 1:
 (a) measures to improve sheep and goat farming;
 (b) measures to promote better organization of produc-
      tion, 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 pro-
      duction used;
 (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.
                            Article 3                                   AnkkA
 1. In accordance with the procedure laid down in Ar-
ticle 43 (2) of the Treaty, a basic price shall be fixed an-
nually, for the following marketing year, for fresh and
chilled sheep carcasses.
2. When the basic price is fixed, account shall be taken
in particular of:
(a) the situation on the sheepmeat market during the cur-
      rent year;
(b) the prospects for the production and consumption of
      sheepmeat;
(c) sheepmeat production costs;
(d) the market situation in the other livestock product
      sectors, particularly the beef and veal sector;
(e) past experience.
The Council, acting by a qualified majority on a proposal
from the Commission, shall fix seasonally adjusted basic
prices to take account of the normal seasonal variations on
the Community market in sheepmeat.
3. Save where a decision to 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 preced-
ing that day in the following year.
                                           11
 ---pagebreak---                            Article 4                          3013/89   Article 4
 1. A weekly average weighted price for the carcasses of
 sheep, fresh or chilled, on the representative Community
 markets shall be established on the basis of the prices re-
 corded on the representative market or markets of each
 quotation area for the Community standard quality of
 fresh or chilled sheep carcasses, account being taken of the
 relative volume of total sheepmeat production in each
 quotation area.
 Quotation area shall mean:                                   (adapted)
 — Great Britain,
 — Northern Ireland,
 — every other Member State taken separately.
 2. The Community quotation for the standard quality re-
 ferred to in paragraph 1 shall be the most widespread pro-
 duction, on average throughout the Community, for flocks
specialized in the production of sheepmeat which produce
 heavy lambs.                                                 (adapted)
The Council, acting by a qualified majority on a Commis-
sion proposal,
— shall determine the standard quality,
— shall lay down a definition of lambs which are fat-
       tened as heavy carcasses.
3. A producer of light Iambs is to be understood as any
sheep farmer marketing sheep's milk products based on
sheep's milk. All other sheep farmers are to be understood
as producers of heavy lambs.
4. Member States shall introduce, to the Commission's
satisfaction and by the 1991 marketing year at the latest, a
mechanism for differentiating between producers of heavy
lambs and producers of light lambs.
5. Detailed rules for the application of this Article shall
be adopted in accordance with the procedure laid down in
Article 25.
                          Article 5                                     Article 5
1. To the extent necessary to offset an income loss by
sheepmeat producers in the Community during a market-
ing year, a premium shall be granted
To this end, a single income loss shall be determined which
shall be deemed to be any difference, per 100 kilograms
carcass weight, between the basic price referred to in Ar-
ticle 3 (1) and the arithmetic mean of the weekly market
prices recorded in accordance with Article 4.
                                          12
 ---pagebreak---  2. The premium payable per ewe to the producers of            3013/89
 heavy lambs referred to in Article 4 (3) shall be obtained    (adapted)
 by multiplying the income loss referred to in paragraph 1
of this Article by a coefficient expressing for the Commun-
ity as a whole the annual average production of meat from
 heavy lambs per ewe producing such lambs, expressed per
 100 kilograms carcass weight.
3. The amount of the premium payable per ewe to the
producers of light lambs referred to in Article 4 (3) shall
be obtained by multiplying the income loss referred to in
paragraph 1 of this Article by a coefficient representing
80% of the coefficient determined in accordance with the       2069/92 - Art. 1(1)
provisions of paragraph 2 of this Article.
4. Each producer shall receive the premium calculated
for the category in which he is classified. However, a pro-
ducer marketing sheep's milk or sheep's milk products will,
if he can prove that at least 40 % of the lambs born on his
holding have been fattened as heavy carcasses with a view
to their slaughter, be able, at his request, to receive the
premium for the heavy category, in proportion with the
number of lambs born on his holding which are fattened
as heavy carcasses.
5. To offset an income loss by goatmeat producers, a           (adapted)
premium shall be granted:
(a) firstly, in the areas indicated in Annex I,
(b) secondly, in the mountain and hill areas within the
     meaning of Article 23 (1) of Regulation (EC) No
     950/97, other than the areas indicated in Annex I to
      this Regulation, provided that it is established follow-
     ing the procedure laid down in Article 25 that the
     production of those areas meets the following two cri-
     teria:
     —     goat rearing is mainly directed towards the pro-
           duction of goatmeat;
     —     goat and sheep rearing techniques are similar in
           nature.
The premium payable per she-goat shall be 80 % of the          2069/92 - Art. 1(1)
amount per ewe in accordance with paragraph 2.
6. Before the end of each half-year, the Commission
shall — in accordance with the procedure laid down in
Article 25 — assess the foreseeable income loss for the
entire marketing year and the foreseeable amount of the
premium.
On the basis of this estimated income loss, the Member
States shall be authorized to pay all their producers a half-
yearly advance payment of 30 % of the expected premium.
                                            13
 ---pagebreak--- Member States may make provision for these two advance        3013/89
payments to take the form of a single payment to pro-
ducers as of the end of the second half-year.
The amount of the final premium shall be determined           2069/92 - Art 1(1)
without delay after the end of the marketing year in ques-
tion and not later than 31 March. Before 15 October of
the same year, any balance, where appropriate, shall be
paid.
Premiums shall be paid to recipient producers on the basis    3013/89
of the number of ewes and/or she-goats kept on their hold-
ing over a minimum period to be determined in ac-
cordance with the procedure laid down in Article 25.
7. Until the end of the 1994 marketing year premiums          233/94 - Art 1(1)
for producers of sheepmeat and goatmeat referred to in        (adapted)
Article 5 shall be paid at the full rate within the limit of
1000 animals per producer in the less-favoured areas with-
in the meaning of Article 3 (3), (4) and (5) of Directive
75/268/EEC and within the limit of 500 animals in other
areas.
Outside the limits indicated in the first subparagraph, the
premiums payable shall until the end of the 1994 market-
ing year, be fixed at 50 % of the amount to be calculated.
In the case of groups, associations or other forms of
cooperation between producers, the limits indicated in the
first subparagraph shall be applied individually to each of
the member farmers.
8. The Council, acting by a qualified majority on a pro-      3013/89
posal from the Commission, shall adopt general rules for
implementing this Article, and in particular shall define
which producers may receive the premium and for which
ewes, and in the areas specified in paragraph 5, for which
goats.
The Council, by the same procedure:
— may extend the premium to certain mountain-breed
      ewes raised in precisely defined areas presenting par-
      ticularly difficult production conditions that do not
      qualify as eligible ewes: in such cases the premium
      payable shall be 70 % of that for eligible ewes in ac-
      cordance with paragraph 2,
— 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 paragraph 5, a mini-
      mum number of ewes and/or she-goats.
9. The Commission, acting in accordance with the pro-
cedure laid down in Article 25:
                                           14
 ---pagebreak--- — shall fix as appropriate the premium payable per ewe       3013/89
      to the producers specified in paragraphs 2 and 3 per
      mountain-breed female within the meaning of para-
      graph 8 and per she-goat in the areas specified in
      paragraph 5,
— shall fix for the duration of each marketing year the
      coefficients referred to in paragraph 2,
— shall adopt implementing rules for this Article cover-
      ing, in particular, the submission of premium applica-
      tions and payment of the premium.
10. 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                        2069/92 - Art. 1(2) Article 5a
1. An individual limit per producer is hereby introduced     (adapted)
in respect of the grant of the premium provided for in
Article 5.
In the case of producers who have been granted the pre-
mium prior to the 1992 marketing year, the premium shall
be paid for the 1993 marketing year and subsequent years
within the limits of the number of animals for which the
premium has been paid for the 1991 marketing year, such
number being multiplied by the coefficient referred to in
paragraph 5.
However, where this coefficient is higher than one,
Member States may decide to use, in whole or in part, the
additional number of rights to the premium resulting
therefrom in order to stock the national reserve referred to
in Article 7 (1).
These limits shall be reduced in such a way as to enable
the national reserve referred to in Article 7 (1) to be con-
stituted.
2. In the case of natural circumstances which led to a
non-payment or to a reduced payment of the premium for
the 1991 marketing year, the number of animals
corresponding to the payments made during the most re-
cent marketing year shall be used. In the case of
non-payment of the premium or of reduced payment for
the 1991 marketing year, as a result of the imposition of
penalties provided for to that end, the number recorded
during the check which gave rise to those penalties shall
be used.
3. In the case of groups, associations or other forms of
cooperation between producers, the limits laid down in
paragraph 1 shall be applied individually to each associate
member in accordance with the following rule:
                                           15
 ---pagebreak--- (a) where the group has notified the competent authority      2069/92 - Art. 1(2)
     of the formula for apportioning livestock referred to    (adapted)
     in Article 2 (2) of Commission Regulation (EEC) No
     2385/91 ( J ) in respect of the 1991 marketing year, in
     accordance with Article 4 of that Regulation, those
     limits shall be fixed for each producer member using
     that formula as a basis;
(b) where the group has not notified the competent
     authority of the formula for apportionment referred
     to in (a) in respect of the 1991 marketing year, the
     premium shall be paid to the group in respect of not
     more than the number of animals for which it was
     granted to the group for the 1991 marketing year, in
     accordance with the rules laid down in paragraph 1.
     An individual limit shall be fixed for each producer
     member in respect of the 1993 marketing year, in ac-
     cordance with the allocation formula communicated
     by the group.
In the event of subsequent changes in the membership of
the group, account shall be taken, when the premium is
paid to the group, of the individual limit of each producer
member who has joined or left the group.
4. Entitlement to the premium shall be subject to the
following rules:
(a) The right to premium attaches to producers who have
     been granted the premium in respect of the 1991
     marketing year and who have also applied for a pre-
     mium, under the 1992 marketing year.
(b) When a producer sells or otherwise transfers his hold-
     ing, he may transfer all his premium rights to the per-
     son who takes over his holding.
     He may also transfer, in whole or in part, his rights to
     other producers without transferring his holding. Ac-
     cording to the procedure provided for in Article 25,
     the Commission may draw up specific rules relating to
     the minimum number which could form the subject of
     the partial transfer.
     In the case of a transfer without transfer of the hold-
     ing, a part of the premium rights transferred, not ex-
     ceeding 15 %, shall be surrendered without com-
     pensation to the national reserve of the Member
     State where his holding is situated for free distribu-
     tion to new entrants or other priority producers re-
     ferred to in Article 7 (2).
 (*) OJ No L 219, 7. 8. 1991, p. 15.
                                          16
 ---pagebreak---       However, with effect from the 1995 marketing year       1265/95 - Art. 1(1)
      the third subparagraph shall not apply to groups of     (adapted)
      producers, in the case of a transfer of rights between
      members of the same group of producers meeting
      conditions to be determined by the Commission in ac-
      cordance with the procedure provided for in
      Article 25.
      These conditions should take into account at least:
     — the status of the group members,
     — the length of time members have belonged to
           and participated in the group,
     — the composition of the group,
     to the extent necessary not to jeopardize the applica-
     tion of the third subparagraph.
(c) Member States:                                            2069/92 - Art. 1(2)
                                                              (adapted)
     — must take the necessary measures to avoid pre-
           mium rights being moved away from sensitive
           zones or regions where sheep production is espe-
           cially important for the local economy,
     — may provide either that the transfer of the rights
           without transfer of the holding is carried out di-
           rectly between the producers or that it is carried
           out through the intermediary of the national re-
           serve.
(d) Member States may authorize, before a date to be
     fixed, temporary leases of that part of the premium
     rights which the producer who is entitled thereto does
     not intend to use.
(e) Entitlement to the premium transferred or temporari-      (adapted)
     ly leased to a producer shall be aggregated with that
     originally granted to him.
(f) The Commission shall lay down the detailed rules for
     implementing this paragraph in accordance with the
     procedure provided for in Article 25, and in particular
     those rules which enable Member States to determine,
     bearing in mind the structure of their flocks, the re-
     duction referred to in paragraph 1 and those enabling
     Member States to resolve specific problems linked to
     the transfer of premium rights by producers who do
     not own the areas on which their holdings are si-
     tuated.
5. For the purpose of applying paragraph 1, Member
States shall establish a single coefficient representing the
ratio between:
                                           17
 ---pagebreak---  (a) the total number of eligible animals conferring entitle-  2069/92 - Art. 1 (2)
      ment to the premium present at the beginning of one
      of the 1989, 1990 or 1991 marketing years on the
      holdings of beneficiaries, and
(b) the total number of eligible animals conferring entitle-
      ment to the premium for the 1991 marketing year.
Member States shall inform the Commission before 31 Oc-
tober 1992 of the year which they have chosen for the
purpose of point (a).
6. Member States shall recalculate the individual limits       233/94 - Art 1(2)
in such a way that quantities above the limits of 500 and      (adapted)
1 000 animals referred to in Article 5 (7) are reduced by
50 %. These recalculated limits shall apply with effect from
the 1995 marketing year.
                           Article 7                           2069/92 - Art. 1(2)  Article 5b
1. Each Member State shall establish an initial national
reserve equal to at least 1 % and at most 3 % of the sum
of the individual limits applicable to producers whose hold-
ings are situated in its territory. The national reserve shall
also receive the entitlements pursuant to Article 6 (4) (b).
For Germany, the initial national reserve shall be calcu-
lated on the basis of the total number of the sum of the
individual limits applicable to producers whose holdings
are situated in the former German Lander. This reserve
concerns only those producers.
In addition, for Italy and Greece a special reserve with a     1265/95 - Art. 1(2)
ceiling of 600 000 rights for each of those two Member         (adapted)
States shall be established to permit the granting of addi-
tional rights to producers affected by the fact that the
changes in the conditions of eligibility of animals for the
premium and the introduction of individual limits on the
guarantee per producer based on the number of premiums
paid for the marketing year both occurred in 1991.
The Commission shall verify that the allocation of the
additional rights to be provided is to be limited to the pro-
ducers concerned and that those producers do not ulti-
mately obtain more rights than would have been granted
to them if the situation referred to in the third subpara-
graph had not occurred.
Subject to that verification and within the limit of the
special reserve referred to in the third subparagraph, the
national reserve established pursuant to this Article shall
be increased by an amount corresponding to the sum of
the additional rights to be granted; that increase shall not
affect the additional reserve referred to in paragraph 3.
                                           18
 ---pagebreak--- 2. Member States shall use their national reserves to         2069/92 - Art. 1(2)
grant, within the limits of the reserves, entitlements to the
following producers in particular:
(a) producers who have submitted an application for a
     premium prior to the 1992 marketing year and who
     have shown, to the satisfaction of the competent
     authority, that the application of the limits, pursuant
     to Article 6, would jeopardize the viability of their
     holdings, taking into consideration the implementation
     of an investment programme in the sheep and goat
     sector drawn up before 1 January 1993;
(b) producers who have submitted, in respect of the 1991
     marketing year, an application for a premium which,
     owing to exceptional circumstances, does not
     correspond to the true situation as ascertained in
     previous marketing years;
(c) producers who have regularly submitted an applica-
     tion for a premium without having submitted an ap-
     plication in respect of the 1991 marketing year;
(d) producers who submit an application for a premium
     for the first time in the 1993 or subsequent marketing
     years;
(e) producers who have acquired part of an area formerly
     used for sheep and/or goat production by other
     producers.
3. An additional reserve shall be created equal to 1 % of
the sum of the limits of individual producers in the less-fa-
voured areas of each Member State; this reserve shall be
allocated exclusively to producers in these same areas in
accordance with criteria to be defined by Member States.
For Germany, the additional reserve shall be equal to 1 %
of the sum of the individual limits applicable to producers
whose holdings are situated in the less-favoured areas of
the former German Lander. This reserve concerns only
those producers.
4. Without prejudice to Article 6 (4) (f), detailed rules     (adapted)
for the application of Article 6 and this Article shall be
laid down in accordance with the procedure provided for
in Article 25.
In accordance with the same procedure measures appli-
cable in cases where the national reserve in a Member
State is not allocated shall be adopted.
                           Article 8                          1589/96 - Art. 1(1) Article 5ç
1. By way of derogation from Article 6 (1), for the new
Lander of Germany;
(a) a regional ceiling of one million eligible animals shall
     be fixed;
                                           19
 ---pagebreak---  (b) Germany shall determine the conditions for the dis-        1589/96 - Art 1(1)
       tribution of this ceiling and its regional breakdown.
 2. In the territories of the new German Lander, not
 later than the marketing year 2000, Germany shall apply
 the provisions on individual limits applicable in the rest of
 the Community, subject to the provisions of this Article.
 Germany shall notify the producers of their individual limit
per producer, in respect of the granting of the premium
provided for in Article 5. The individual producer limit
 shall be determined on the basis of the number of ewes
 for which premium was paid in the marketing year preced-
ing the year in which notification to producers of their
 individual limits was made.
3. In the case of natural circumstances which led to a
non-payment or to a reduced payment for the reference
year, the number of animals corresponding to the pay-
ments made during the most recent marketing year shall
be used. In the case of non-payment of the premium or of
reduced payment for the reference year, as a result of the
imposition of penalties provided for to that end, the
number recorded during the check which gave rise to those
penalties shall be used.
4. In the event that the sum of the individual limits of
producers whose holdings are situated in the new German
Lander is less than the regional ceiling fixed for this terri-
tory, the remaining rights shall be added to the German
national reserve, referred to in Article 7 (1). The new re-
serve thus constituted shall be applicable in the entire Ger-
man territory.
5. The Commission shall lay down, if necessary, the de-
tailed rules for implementing this Article in accordance
with the procedure provided for in Article 25.
                            Article 9                          233/94 - Art 1(3)   Article 5d
Member States may apply appropriate environmental              (adapted)
protection measures on the basis of the specific situation
of the land used for the production of sheep and goats
eligible for benefit under the premium scheme.
Member States which avail themselves of this possibility
shall impose penalties appropriate to and commensurate
with the seriousness of the ecological consequences of any
breach of these measures. Such penalties may provide for
the reduction or, where necessary, the abolition of the
benefits linked to the respective premium schemes.
Member States shall inform the Commission of the
measures they take pursuant to this Article.
                                            20
 ---pagebreak---                           Article 10                          95/1/EC, Euratom, ECSC Article 5e
 1. By way of derogation from Article 6 (1), (2), (3),        (adapted)
(4) (a), (5) and (6), an overall ceiling for the granting of
the premium referred to in Article 5 shall be set for Aus-
tria, Finland and Sweden. The total number of entitle-
ments within that ceiling shall be set at:
— 205 651 for Austria,
— 80000 for Finland,
—     180 000 for Sweden.
These figures include both the quantities to be allocated
initially and any reserve established by these Member
States.
2. On the basis of the ceilings set out in paragraph 1
individual limits shall be assigned to producers in Austria,
Finland and Sweden, at the latest on:
— 31 December 1996 for Austria,
— 31 December 1995 for Finland and Sweden.
3. The Commission shall adopt detailed implementing
rules for this Article, and in particular the necessary ad-
justing and transitional measures, in accordance with the
procedure laid down in Article 25.
                          Article 11                          3013/89                 AiûeteA
Intervention measures may take the form of private stor-
age aid for carcasses of lambs and cuts thereof.
                          Article 12                                                  Aaktl
1.    Where:
— the price established in accordance with Article 4 on
      the one hand, and
— the market price in a quotation area referred to in
      Article 4 (1) on the other hand,
are lower than 90 % of the seasonally adjusted basic price
referred to in Article 3 (2) and if they are likely to remain
so, a decision may be taken to grant private storage aid as
provided for in Article 11 to the quotation area concerned.
2.    Where:                                                  1589/96 - Art. 1(2)
— the price established in accordance with Article 4, on
      the one hand, and
— the market price in a quotation area, on the other
      hand,
                                           21
 ---pagebreak--- are less than 70 % of the seasonally adjusted basic price     1589/96 - Art 1 (2)
and are likely to remain at that level, the private storage
aid provided for in Article 11 may be brought in for the
quotation area in question. In this case, 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 in the light of a particu-
larly difficult market situation in one or more quotation
areas. In such cases, this procedure may only be applied to
those quotation areas where such a market situation has
been established.
3. The Council, acting by a qualified majority on a pro-      3013/89
posai from the Commission, shall adopt general rules for
the application of this Article.
4. The procedure laid down in Article 25 shall be used
to determine:
(a) the products and product qualities admitted for pri-
     vate storage;
(b) initiation of action under paragraphs 1 and 2.          I 1741/91 - Art. 1
(c) the private storage aid, the quantities accepted and      3013/89
     termination of the period in respect of which aid may
     be granted;
(d) other rules for the implementation of this Article, in
     particular the circumstances in which the intervention
     measures will be applied.
                          Article 13                                              AûkkA
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 re-
     duced for both ewes and she-goats by the effect on
     the basic price of a coefficient representing a reduc-
     tion of 1 % for each 1 % by which the maximum
     guaranteed level is extended;
                                          22
 ---pagebreak---  — where the mechanism provided for in the first indent,      3013/89
      applied to the actual ewe numbers recorded for the
      preceding marketing year, leads to a premium differ-
      ent 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.
 When the ewe herd is estimated, no account shall be taken    3577/90 - Art 1
 of the number of ewes bred in the territory of the former
 German Democratic Republic.
 3. Detailed rules for the application of this Article, and   3013/89
 in particular the coefficient and the premium referred to in
paragraph 2, shall be adopted in accordance with the pro-
cedure laid down in Article 25.
4. However, from the 1993 marketing year, the coeffi-         2069/92 - Art. 1(3)
cient for reducing the basic price referred to in para-
graph 2 shall be 7 %.
                          CHAPTER HI                          3290/94 - Art. 1     TITLE II
                  Trade with third countries
                           Article 14                                              Article 9
1. Imports into the Community, or exports therefrom, of
any of the products listed in Article 1 may be subject to
presentation of an import or export licence.
Licences shall be issued by the Member States to any ap-
plicant, irrespective of his place of establishment in the
Community and without prejudice to measures taken for
the application of Article 17.
Import and export licences shall be valid throughout the
Community. 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.
2. The list of products for which export licences are re-
quired, the term of validity of licences and other detailed
rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 25.
                           Article 15                                             AukkM
Unless this Regulation provides otherwise, the rates of
duty in the Common Customs Tariff shall apply to the
products listed in Article 1.
                                           23
 ---pagebreak---                           Article 16                          3290/94 - Art. 1 Article 11
 1. In order to prevent or counteract adverse effects on
 the market in the Community which may result from im-
ports of certain products listed in Article 1, imports of one
 or more of such products at the rate of duty laid down in
Article 10 shall be subject to payment of an additional im-
port duty if the conditions set out in Article 5 of the
Agreement on Agriculture concluded in accordance with
Article 228 of the Treaty in the framework of the Uruguay
Round of multilateral trade negotiations have been ful-
filled unless the imports are unlikely to disturb the Com-
munity market, or where the effects would be dispropor-
tionate to the intended objective.
2. The trigger prices below which an additional duty
may be imposed shall be those which are forwarded by the
Community to the World Trade Organization.
The trigger volumes to be exceeded in order to have the
additional import duty imposed shall be determined par-
ticularly on the basis of imports into the Community in the
three years preceding the year in which the adverse effects
referred to in paragraph 1 arise or are likely to arise.
3. The import prices to be taken into consideration for
imposing an additional import duty shall be determined on
the basis of the cif import prices of the consignment under
consideration.
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
4. The Commission shall adopt detailed rules for the ap-
plication of this Article in accordance with the procedure
laid down in Article 25. Such detailed rules shall specify in
particular:
(a) the products to which additional import duties may be
      applied under the terms of Article 5 of the Agree-
      ment on Agriculture;
(b) the other criteria necessary to ensure application of
      paragraph 1 in accordance with Article 5 of the
      Agreement on Agriculture.
                          Article 17                                           AffcIeJ2
1. Tariff quotas for the products listed in Article 1 re-     (adapted)
sulting 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 laid down in Article 25.
2. Quotas shall be administered by applying one of the
following methods or a combination of them:
(a) method based on chronological order of the lodge-
      ment of applications ('first-come, first served' prin-
      ciple),
                                           24
 ---pagebreak--- (b) method of distribution in proportion to the quantities   3290/94 - Art 1
      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 arrivals method').
Other appropriate methods may be adopted.
They must avoid any discrimination between the operators
concerned.
3. The methods of administration adopted shall, where        (adapted)
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 pos-
sibly 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 multilateral trade negotiations.
4. The detailed rules referred to in paragraph 1 shall
provide for annual quotas, suitably phased over the year, if
necessary, shall determine the administrative method to be
used and, where appropriate, shall include:
(a) guarantees covering the nature, provenance and origin
      of the product and, where appropriate, the mainten-
      ance of traditional trade patterns;
(b) recognition of the document used for verifying the
      guarantees referred to in (a); and
(c) the conditions under which import licences are issued
      and their term of validity.
                          Article 18                                         Ankkll
1. To the extent necessary for the proper working of the
common organization of the market in sheepmeat and
goatmeat products, the Council, acting in accordance with
the voting procedure laid down in Article 43 (2) of the
Treaty on a proposal from the Commission, may, in special
cases, prohibit in whole or in part the use of inward pro-
cessing arrangements in respect of products listed in Ar-
ticle 1.
2. By way of derogation from paragraph 1, if the situ-
ation referred to in paragraph 1 arises with exceptional
urgency and the Community market is disturbed or is li-
able 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 appli-
cable. If the Commission receives a request from a
Member State, it shall take a decision thereon within a
week following receipt of the request.
                                          25
 ---pagebreak---  3. Measures decided on by the Commission may be re-         3290/94 - Art 1
ferred to the Council by any Member State within a week
of the day on which they were notified. The Council, act-
ing by a qualified majority, may confirm, amend or repeal
the Commission decision. If the Council has not acted
within three months, the Commission decision shall be
deemed to have been repealed.
                          Article 19                                         Article 14
 1. The general rules for the interpretation of the com-
bined nomenclature and the detailed rules for its applica-
tion shall apply to the tariff classification of products
covered by this Regulation; the tariff nomenclature
resulting from the application of this Regulation shall be
incorporated into the Common Customs Tariff.
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.
                          Article 20                                         Article 15
 1. If, by reason of an increase in imports or exports, the
Community market in one or more of the products listed
in Article 1 is affected by, or is threatened with, serious
disturbance likely to jeopardize the achievement of the ob-
jectives 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 on a Commission proposal in accord-
ance with the voting procedure laid down in Article 43 (2)
of the Treaty, 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.
2. If the situation referred to in paragraph 1 arises, the
Commission shall, at the request of a Member State or on
its own initiative, decide upon the necessary measures; the
Member States shall be notified of such measures, which
shall be immediately applicable. If the Commission re-
ceives a request from a Member State, it shall take a deci-
sion thereon within three working days following receipt of
the request
3. Measures decided upon by the Commission may be
referred to the Council by any Member State within three
working days of the day on which they were notified. The
Council shall meet without delay. It may, acting by a quali-
fied majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the
obligations arising from agreements concluded in accord-
 ance with Article 228 (2) of the Treaty.
                                          26
 ---pagebreak---                          CHAPTER IV                           3013/89                TITLE W
                      General provisions
                           Article 21                                                Article 26
 In order to take account of any restrictions on free move-
 ment which might result from the application of measures
 to prevent the spread of animal diseases, exceptional
 measures to support any market affected by such restric-
tions may be taken under the procedure laid down in Ar-
ticle 25, but only to the extent that and for such period as
is strictly necessary for the support of that market
                           Article 22                                                Article 27
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 of this
Regulation.
                           Article 23                                                Aûkk2S.
Member States and the Commission shall communicate to
each other the information necessary for implementing this
Regulation.
Rules for the communication and distribution of such in-
formation shall be adopted in accordance with the pro-
cedure laid down in Article 25.
                          Article 24                                                 Article 29
A Management Committee for Sheep and Goats (herein-           (adapted)
after called 'the Committee') is hereby set up, consisting of
representatives of the Member States with a representative
of the Commission as chairman.
                           Article 25                                                Article 30
1. Where the procedure laid down in this Article is to
be followed, the chairman shall refer the matter to the
Committee either on his own initiative or at the request of
the representative of a Member State.
2. The representative of the Commission shall submit to       95/1/EC, Euratom, ECSC
the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the Chairman may lay down according to
the urgency of the matter. The opinion shall be delivered
by the majority laid down in Article 148 (2) of the Treaty
in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the Com-
mittee shall be weighted in the manner set out in that Ar-
ticle. The Chairman shall not vote.
                                           27
 ---pagebreak--- The Commission shall adopt measures which shall apply         3013/89
immediately. However, if these measures are not in accord-
ance with the opinion of the Committee, they shall forth-
with 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 ap-
plication of the measures which it has adopted.
The Council, acting by a qualified majority, may take a
different decision within one month.
                         Article 26                                   Article 31
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 27                                   Article 32
This Regulation shall be so applied that appropriate ac-
count is taken of the objectives set out in both Article 39
and Article 110 of the Treaty.
                         Article 28                                   Article 33
Annex I may be amended by the Council, acting by a
qualified majority on a proposal from the Commission.
                         Article 29
Regulation (EEC) No 3013/89 is hereby repealed.
References to the said Regulation shall be construed as
references to this Regulation and should be read in ac-
cordance with the correlation table set out in Part A of
Annex n.
                         Article 30
This Regulation enters into force on the day of its publica-
tion in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly
applicable in all Member States.
Done at Brussels,
                                         For the Council
                                          The President
                                          28
 ---pagebreak---                   ANNEX I                                3013/89
1. FRANCE:   Corsica.
2. GREECE:   the whole country.
3. ITALY:    Lazio, Abruzzo, Molise, Campania, Apu-
             lia, Basilicata, Calabria, Sicily and
             Sardinia.
4. SPAIN:    the autonomous communities of Andalu-
             sia, Aragon, the Balearic Islands, Castile-
             La Mancha, Castile-Leôn, Catalonia, Ex-
             tremadura, Galicia (with the exception of
             the provinces of Corona and Lugo),
             Madrid, Murcia, La Rioja, Comunidad
             Vaienciana and the Canary Islands.          1601/92 - Art. 14 (adapted)
5. PORTUGAL: the whole country, with the exception of
             the Azores and Madeira.
                                  29
 ---pagebreak---                                                          ANNEX II
                                                          Part A
                                                 CORRELATION TABLE
Regulation 3013/89                                            This Regulation
—                                                             CHAPTER I
Article 1                                                     Article 1
—                                                             CHAPTER II
Article 2                                                     Article 2
Tide I                                                        —
Article 3                                                     Article 3
Article 4                                                     Article 4
Article 5 (1) to (4)                                          Article 5 (1) to (4)
Article 5 (5), 1st subparagraph, 1st indent                   Article 5 (5), 1st subparagraph, (a)
Article 5 (5), 1st subparagraph, 2nd indent                   Article 5 (5), 1st subparagraph, (b)
Article 5 (5), 1st subparagraph, 2nd indent, (a)              Article 5 (5), 1st subparagraph, (b), 1st indent
Article 5 (5), 1st subparagraph, 2nd indent, (b)              Article 5 (5), 1st subparagraph, (b), 2nd indent
Article 5 (5), 2nd subparagraph                               Article 5 (5), 2nd subparagraph
Article 5 (6) to (10)                                         Article 5 (6) to (10)
Article 5a (1), (2) and (3)                                   Article 6 (1), (2) and (3)
Article 5a (4) (a) to (d)                                     Article 6 (4) introductory phrase and points (a) to (d)
Article 5a (4) (e), 1st subparagraph                          Article 6 (4) (e)
Article 5a (4) (e), 2nd subparagraph                          —
Article 5a (4) (f)                                            Article 6 (4) (f)
Article 5a (5)                                                Article 6 (5)
Article 5a (6)                                                Article 6 (6)
Article 5b (1), 1st subparagraph                              Article 7 (1), 1st subparagraph
Article 5b (1), 2nd subparagraph                              Article 7 (1), 2nd subparagraph
Article 5b (1), 3rd subparagraph                              Article 7 (1), 3rd subparagraph
Article 5b (1), 4th subparagraph                              —
Article 5b (1), 5th subparagraph                              —
Article 5b (1), 6th subparagraph, first part of sentence      —
Article 5b (1), 6th subparagraph, the part of the sentence    Article 7 (1), 4th subparagraph
starting from the 2nd comma
Article 5b (1), 7th subparagraph                              Article 7 (1), 5th subparagraph
Article 5b (2)                                                Article 7 (2)
Article 5b (3)                                                Article 7 (3)
Article 5b (4), 1st subparagraph                              Article 7 (4), 1st subparagraph
Article 5b (4), 2nd subparagraph, 1st indent                  Article 7 (4), 2nd subparagraph
                                                           30
 ---pagebreak--- Regulation 3013/89                              This Regulation
Article 5b (4), 2nd subparagraph, 2nd indent    —
Article 5b (5)                                  —
Article 5c                                      Article 8
Article 5d                                      Article 9
Article 5e                                      Article 10
Articles 6, 7 and 8                             Articles 11,12 and 13
Title H                                         CHAPTER m
Articles 9,10 and 11                            Articles 14,15 and 16
Article 12 (1)                                  Article 17 (1)
Article 12 (2), 1st subparagraph, 1st indent    Article 17 (2), 1st subparagraph, point (a)
Article 12 (2), 1st subparagraph, 2nd indent    Article 17 (2), 1st subparagraph, point (b)
Article 12 (2), 1st subparagraph, 3rd indent    Article 17 (2), 1st subparagraph, point (c)
Article 12 (2), 2nd subparagraph                Article 17 (2), 2nd subparagraph
Article 12 (2), 3rd subparagraph                Article 17 (2), 3rd subparagraph
Article 12 (3)                                  Article 17 (3)
Article 12 (4)                                  Article 17 (4)
Article 13                                      Article 18
Article 14 (1)                                  Article 19 (1)
Article 14 (2), 1st indent                      Article 19 (2), point (a)
Article 14 (2), 2nd indent                      Article 19 (2), point (b)
Article 15                                      Article 20
Title IE
Articles 21 to 25
Title IV                                        CHAPTER IV
Article 26                                      Article 21
Article 27                                      Article 22
Article 28                                      Article 23
Article 29 (1)                                  Article 24
Article 29 (2)
Article 30                                      Article 25
Article 31                                      Article 26
Article 32                                      Article 27
Article 33                                      Article 28
                                                Article 29
                                                Article 30
Annex                                           Annex I
                                                Annex II
                                             31
 ---pagebreak---                                                    Part B
                              Regulations amending Regulation (EEC) No 3013/89
                                                                                   Official Journal
                                                                               No      page          date
Council Regulation (EEC) No 3577/90 of 4 December 1990                       L 353      23        17.12.1990
Council Regulation (EEC) No 1741/91 of 13 June 1991                          L 163      41         26. 6.1991
Council Regulation (EEC) No .1601/92 of 15 June 1992                         L 173      13         27. 6.1992
Council Regulation (EEC) No 2069/92 of 30 June 1992                          L 215      59         30. 7.1992
Commission Regulation (EEC) No 3890/92 of 28 December 1992                   L 391      51       31.12.1992
Council Regulation (EEC) No 363/93 of 10 February 1993                       L42          1        19.2.1993
Council Regulation (EC) No 233/94 of 24 January 1994                         L 30         9         3.2.1994
Commission Regulation (EC) No 1096/94 of 11 May 1994                         L121         9        12.5.1994
Council Regulation (EC) No 1886/94 of 27 Jury 1994                           L 197      30         30. 7.1994
Council Regulation (EC) No 3290/94 of 22 December 1994                       L 349     105       31.12.1994
Council Regulation (EC) No 1265/95 of 29 May 1995                            L 123        1         3. 6.1995
Council Regulation (EC) No 1589/% of 30 Jury 1996                            L 206      25         16.8.1996
                                                    32
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                             COM(98) 88 final
                                              DOCUMENTS
EN                                                                03 10 oi
                                    Catalogue number : CB-CO-98-093-EN-C
                                                             ISBN 92-78-31174-X
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                 as