CELEX: 51980PC0500
Language: en
Date: 1980-09-04
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules governing the granting of the premium for the benefit of sheepmeat producers#Proposal for a COUNCIL REGULATION (EEC) laying down general rules governing intervention with regard to sheepmeat (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 500
Vol. 1980/0168
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(80)500 final
                                             Brussels , 4 September 1980
                             A-. -; .    - ^
                            /    ;    \ ^
                            W       ^
                            Proposal for a
                         COUNCIL REGULATION ( EEC )
    laying   down general rules governing the granting of the premium for
                    the benefit of sheepmeat producers
                            Proposal for a
                         COUNCIL REGULATION ( EEC )
    laying down general rules governing intervention with regard to
                                   sheepmeat
            ( submitted to the Council by the Commission)
C0M(80 ) 500 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM
The object of these drafts is to draw up general rules governing premiums
for the benefit of producers and also governing intervention in the
sheepmeat sector , pursuant to the provisions of Articles 5 and 7 of
Council Regulation ( EEC ) No 1837 / 80 of 27 June 1980 on the common organi­
zation of the market in sheepmeat and goatmeat .
            «
                                        X
 ---pagebreak---                                    Proposal for
                       COUNCIL REGULATION ( EEC )
      laying down general rules governing the grafting of the premium for
                       the benefit of sheepmeat producers
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 1837 / 80 of 27 June 1980 on
the common organization of the market in sheepmeat and goatmeat ( 1 ), and
in particular Article 5v
Having regard to the proposal from the Commission ,
                                                                          r
Whereas Article 5 of Regulation ( EEC ) No 1837/ 80 provides that , in the
event of loss of income
common market organization , a premium may be granted for the benefit of :
sheepmeat producers ;    whereas it is necessary , therefore , to specify the
beneficiaries of this measure ;            ,                            '
Whereas calculation of the amount of the said premium depends on
whereas it is appropriate , therefore , to provide for a harmonization at
Community level of statistic '
however ,   it is advisable , for a transitional period , to provide for the
use of existing official statistics in the various Member States for this
sector ;   whereas it is appropriate , therefore , where necessary   to permit ,
during the said period , the statistical data relating to production to
include goatmeat as well ;
 (1 ) 0J No L 183 , 16
 ---pagebreak---                                       - 2 -
 Whereas in certain cases it may turn out in the course of a marketing year
that the advance on the premium paid in accordance with Article 5(5 ) of the
 said Regulation is greater than the amount of the premium payable in the light
of the review provided for at the end of the marketing year ; whereas it is -
appropriate, therefore , to provide that in such circumstances the part of the
premium which has been overpaid should be deducted from the advance paid during
the following marketing year ;
Whereas the second subparagraph of Article 5(4 ) of the said Regulation provides
that , at the request of the parties concerned, the amount of the premium payable
per ewe in region 1 may be equal to that determined in region 2 where benefi­
ciaries have shown to the satisfaction of the competent authority that lambs
born of these ewes will not be slaughtered before the age of two months ; where­
as it is necessary, with the aim of making possible an effective introduction
of administrative checks regarding this measure , to restrict eligibility for
this provision to producers who keep a sufficient number of lambs which may
be slaughtered after the age of two months ,
HAS ADOPTED THIS REGULATION :-
                                    Article 1
1 . For the purposes of this Regulation :                          -
    a ) " producer " means any individual farmer , whether a natural or legal person ,
        whose holding is situated on the territory of the Community , who engages
        in the rearing of animals of the ovine species and who is recognized as
        a farmer practising farming as his main occupation in accordance with
        Article 3 of Directive 72 / 159 /EEC^,      .     .
    b ) " holding " means the total number of production units managed by a produ­
        cer and situated on the territory of a single Member State ,
    c ) " ewe " means the female animal of the domestic ovine species which has
        lambed at least once ,
  * d ) " slaughtered lamb" means an animal of the domestic ovine species slaugh­
        tered within the Community or exported live and which originates in the
        region , within the meaning of Article 3(1 ) of Regulation ( EEC ) No 1837 / 80 ,
        in which the premium is granted .
2 . Only producers of sheepmeat within the meaning of this Regulation may be
    eligible for the premium provided for in Article 5 of Regulation ( EEC ) No
    1837 / 80 .
 0J L 96 , 23.4.1972 , p.1 .
 ---pagebreak---                                       - 3 -
                                    Article 2
1 . For the purpose of calculating the total amount of the premium referred
      to in Article 5 of Regulation ( EEC ) No 1837 / 80, the following will be
      taken as reference factors in each region concerned :
    - the gross indigenous production of sheepmeat ,
    - the recorded number of ewes,      -
    - the number of lambs slaughtered , where Article 5(6 ) of that Regulation
       *" is applied .      '                     .       _          -1
2 . The statistical data to be usedin determining the factors-referred to in
    paragraph 1 shall be those prepared by the Statistical Office of the Euro­
    pean Communities pursuant to Council Directive               of             on
     surveys of sheep and goatmeat production to be conducted by the Member
    States .
3 . By way of derogation from paragraph 2 , as long as the statistical data
    provided for under the abovementioned Directive are not available, the
    data to be used in applying paragraph 1 shall be the official data at
    present available in the various Member States ; in particular, it shall
    be possible to take into , consideration the gross indigenous production of
    sheepmeat and goatmeat in cases where separate statistics in respect of
    those two products have not yet been collected .
    '          . 1 ,   ^
                                    Article 3
Where it is found at the end of the marketing year that the advance paid in
accordance with Article 5(5 ) of Regulation ( EEC ) No 1837 / 80 is greater than
the amount of the premium payable in the -light of the review provided for in
paragraphs 2 and 3 of that Article , an amount equal to the difference between
the advance andthe amount of the premium payable shall be deducted from the
advance paid 'during the following marketing year .
                                    Article 4
In order to 'be, eligible for the provision laid down in the second sub­
paragraph of Article 5(4 ) of Regulation ( EEC ) No 1837 /80, the producers
concerned must demonstrate to the satisfaction of the competent authority
that the lambs born of ewes in respect of j«fhich application of that provision
is requested have not been slaughtered before the age of two' months, and .
 ---pagebreak---                                      4
to this end must declare beforehand to the competent authority the approxi
mate number of lambs whi-ch will be slaughtered after that age , which numbe
shall represent at least ten per cent of the total number of ewes kept by
                                                                    »
the producer concerned .
                                  Article 5
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and directly applica >e
in all Member States .
                                              For the Council
                                             The President
 ---pagebreak---                                        Proposal for
                              COUNCIL REGULATION ( EEC )
         laying down general rules governing intervention with regard to
                                        sheepmeat
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation ( EEC ) No 1837 / 80 of 27 June 1980 on
                                                                        1
the common organization of the market in sheepmeat and goatmeat * and in
particular Article J (■ 6) thereof ,
Having regard to the proposal from the Commission,.-
Whereas Regulation ( EEC ) No 1837 / 80 provides' for the possibility of
interven .t ion in the sheepmeat sector by the granting of private storage
aid ;
Whereas the functioning of such a system of aid may be facilitated by the
conclusion of contracts with intervention agencies ;
Whereas , to attain the objects of . the aid, as these are defined in Regulation
 ( EEC ) No 1837 / 80 , the level of aid must be fixed with regard to the costs
incurred in storage ;       whereas , for this purpose , it is appropriate to
provide for two methods for determining the said level ;.,         whereas , in both
cases , the aid must be granted without discrimination among interested
parties established in the Community ;
Whereas appropriate measures should be laid down          for cases
where the market situation for the products in question necessitates
amendment of the terms of contracts about to be concluded or alteration of
the period of storage provided for in contracts already concluded ;
Whereas Regulation ( EEC ) No 1837 / 80 provides for the possibility of
intervention in the sheepmeat sector by means of buying-in by the inter­
vention agencies ;
Whereas general criteria governing such buying-in should be laid down ,-
having regard both to the objectives of the intervention system, in
particular        the balance between the market in question and that - of
competing animal products , and to             the Community 's financial liabilities
in this connection ;
  0J No L-183 , 16.7.1980
 ---pagebreak---                                        - 2 -
Whereas , to. attain the objects    of    the      variable
 slaughter   premium     for  sheep    provided     for  in
Article 9 of Regulation ( ESC ) No 1837/ 80 , it should be laid down that at
no time may intervention buying-in as provided for in Article 6(1 )( b ) of
that Regulation be decided on in the Member States which apply the said
premium ;
Whereas appropriate measures should be taken in relation to the appli­
cation of intervention buying-in to' ensure that sucj) buying-in
relates only to qualities of sheepmeat carcases in respect of which there ,
exist prices sufficiently representative of the true market situation/
pending harmonization of the systems for classifying such qualities by
means of a Community classification scale ;
V/hereas it is necessary to provide that the buying-in prices for the
various qualities must be calculated on the basis of the relative value
normally existing in respect of each of those qualities in each Member
State where such buying-in is carried out ;
Whereas it should be laid down that , where the measures provided for in
Article 8 of Regulation ( EEC ) No 1837/ 80 are applied , the buying-in prices
should be calculated in the same way as those specified above ;
Whereas the first subparagraph of Article 5(3 ) of Regulation ( EEC )
No 1837 / 80 lays down that , where the intervention measures provided for in
Article 6(1 )( b ) of that Regulation are applied , account shall be taken ,
when calculating the total amount referred to in Article 5(2 ) of the
Regulation , of the effect of setting a qeiling on the premium ;      whereas ,
however , the possibility cannot be ruled out that such intervention
measures will not be decided on f or all the Member States belonging
to region 3     ' referred to in Article 3 of. the Regulation ;   whereas it is
appropriate , therefore , to provide that     such    a ceiling should be
 imposed on the premium only in the case of Member States where it is
decided to apply the intervention measures ;.
 ---pagebreak---                                        - 3 -
HAS ADOPTED THIS REGULATION :
                           TITLE I : Private storage aid
                                     Article 1
1 . Private storage within the meaning of Article 6<1)(a) of Regulation ( EEC)
    No 1837 /80 shall mean the storing , in a warehouse, of products falling
    within        the sheepmeat sector    where    this .
     operati<*i is carried out for their own account and at their own risk by
     natural or legal persons established in the Community other than the
     intervention agencies referred to in Article 6(1 )( b) of that Regulation .
2 . Private storage aid may be granted only in respect of products from
     sheep originating in the Community which are stored under conditions
    to be determined .
                      /
3 . The aid shall be granted in accordance with the provisions of con tracts
     concluded within the intervention agencies ; these contracts . shall lay down
     the reciprocal obligations -of the contracting parties under uniform
     conditions for each product .
                                     Article 2
        I                       \
Except by special authorization , applications for private storage aid may
be made only in the Member State where the product is to be stored .
                                     Article 3
If the market situation so requires , the storage period fixed in the
contract may , under -conditions to be determined , be reduced or extended .
                                     Article 4
1 . The level of aid shall be :
     -    either determined by means of an invitation to tender published in
          the Official Journal of the European Communities ,   ~        ';
.    -    or fixed in advance at a flat rate .
 ---pagebreak---                                       - 4 _
2 . Parity of treatment shall be extended to all tenderers whatever their
    place of establishment in the Community .
    Tenders may not be considered and contracts may not be
     concluded until   the tenderer has guaranteed the jfulfi Iment of his
    obligations by lodging a security , which shall be forfeited in whole or "
    in part if the obligations specified in the contract are not or are
    only partially fulfilled .
3 . The time limit for the entry of the products into storage and the
    length of the storage period are to be    stipulated .
    The amount of the aid may not normally exceed an amount equal
     to the costs which would be incurred in storage by the intervention
    agencies .
                                1   Article 5
1 . In the award of contracts , priority shall be given to those whose tenders
    are most advantageous to the Community .
2 . It may be decided , in any event , not to accept any of the tenders made
     in response to an invitation to tender .
                                    Article 6
Where a flat rate of aid is fixed in advance :
a ) a single rate shall be fixed for each product on the basis of storage
     costs , normal deterioration in quality and , as far as possible , the
     foreseeable increase in the price of the product in question ;
b) conditions governing the acceptance of applications for aid shall be
     laid down , in particular with regard to the time between the submission
    of the application and the conclusion of the contract ;
c ) the conclusion of storage contracts may be suspended or the terms of
    contracts about to be concluded may be altered if examination of the
    market situation , of the quantities for which contracts have been
     concluded and of the contract applications in hand render One of those
    measures necessary .
 ---pagebreak---                                             - 5 -
                      TITLE II : Buying-in by the intervention agencies
                                          Article 7
  1 . The qualities and presentations of the sheep carcases bought in by the
       intervention agencies must be determined with regard to the need to ensure
       adequate market support and to facilitate sale of the goods when storage
       ends .                           •
  2 . In cases where Article 8 of Regulation ( EEC ) No 1837 / 80 is applied , the
       intervention measures and the products to which those measures apply must
       be selected with regard to the need to limit the financial burden on the
       Community .      "
,                                         Article 8
  In any single marketing year , the intervention measures referred to in
 Article 6(1 ){ b ) of Regulation ( EEC ) No 1837 / 80 may be implemented only in
  Member States which do not at any time pay the variable slaughter premium
  provided for in Article 9 of that Regulation .
                                          Article 9
  The intervention measures referred to in Article 6(1 )( b ) of Regulation ( EEC )
  No          / 80 may be implemented only in Member States which apply a national
  carcase classification system which permits identification of the qualities
  which will best give market support and a representative survey of the prices
  fetched by those qualities .
                                          Article 10
   1 . For each Member State where it . has been . decided to apply the intervention
       measures referred to in Article 6(1 )( b) of Regulation ( EEC ) No 1837/ 80 , the
       buying-in prices for the qualities referred to in Article 7(1 ) shall be
        fixed on the basis of the relative value normally existing in respect of
       each of those qualities .
  2 . If the measures provided for in Article 8, of Regulation ( EEC ) No 1837 /80
        are applied , the buying-in prices shall be the same; as those; determined
       under paragraph 1 .
 ---pagebreak---                                         - 6 -
                                      Article 11
Where the intervention measures referred to in Article 6(1 )( b ) of Regulation
( EEC ) No 1837/ 80 are not implemented in all the Member States belonging to
region    3       referred to in Article 3 of Regulation ( EEC ) No 1837 / 80 , the
ceiling set on the premium referred to in Article 5(3 ) of that Regulation
shall apply only in the Member State or States of that region where         the
intervention measures are implemented .
                                      Article 12   '
This Regulation shall enter into force on
                                                                               s
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
                                                             For the Council
                                                             The President