CELEX: 51988PC0528
Language: en
Date: 1988-10-20
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT

No C 319/36                             Official Journal of the European Communities                                        12. 12. 88
HAS DECIDED AS FOLLOWS:                                                                        Article 2
                                                                   The President of the Council shall give the notification
                                                                   provided for in Article 5 of the Protocol (a).
                          Article 1
                                                                                               Article 3
The Supplementary Protocol to the Agreement establishing           This Decision shall take effect on the day following its
an association between the European Economic Com-                  publication in the Official Journal of the European
munity and the Republic of Malta and adapting certain              Communities.
provisions of the Agreement and declarations annexed
thereto are hereby approved on behalf of the Community.
                                                                   0) The Protocol and its date of entry into force will be published in
                                                                       the Official Journal of the European Communities by the
The text of the Protocol is attached to this Decision.                 General Secretariat of the Council.
             Proposal for a Council Regulation (EEC) on the common organization of the market in sheepmeat
                                                         and goatmeat
                                                      COM(88) 528 final
                                     (Submitted by the Commission on 21 October 1988)
                                                         (88/C 319/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           facilitating adjustment of supply to market requirements;
                                                                   whereas in particular Community sheepmeat producers
Having regard to the Treaty establishing the European              should continue to be granted a premium to compensate for
Economic Community, and in particular Articles 42 and 43           loss of income and intervention measures should be
thereof,                                                           continued; whereas the latter may take the form of private
                                                                   storage aid, which least affects normal marketing of
Having regard to the proposal from the Commission,                 products;
Having regard to the opinion of the European Parliament,
                                                                   Whereas the purpose of the abovementioned premium is to
Having regard to the opinion of the Economic and Social            ensure a fair return for producers; whereas, however, in
Committee,                                                         view of the possibilities for disposal on the community
                                                                   market and the Community's international commitments,
Whereas the operation and development of the common                production of sheepmeat and goatmeat should no longer be
market in agricultural products must be accompanied by             encouraged once the Community flock exceeds a certain
the establishment of a Common Agricultural Policy                  level established in the light of the market situation;
involving common organization of the agricultural                  whereas, to that end, provision should be made for
markets; whereas the form of such organization may vary            reducing the degree of guarantee afforded by the measures
from one product to another;                                       in question; whereas the maximum guaranteed level
                                                                   should be fixed at that which obtained on 31 December
Whereas the arrangements introduced by Council Regu-               1987 in the regions concerned and provision should be
lation (EEC) No 1837/80 on the common organization of              made for its eventual revision;
the market in sheepmeat and goatmeat (*), as last amended
by Regulation (EEC) No 1115/88 (2), must be reviewed
with a view to the full establishment of a single market;         Whereas provision should be made for the fixing of a basic
                                                                  price at which intervention measures will come into
Whereas, in order to attain the objectives set out in Article     operation and which will protect the Community market
39 of the Treaty, in particular market stability and a fair       against price fluctuations on the world market for certain
standard of living for the agricultural community con-            products in the sector;
cerned, it is necessary to retain certain arrangements
                                                                  Whereas the creation of a single Community market in
(!) OJ No L 183, 16. 7. 1980, p. 1.                               sheepmeat and goatmeat involves the introduction of a
(2) OJ No L 110, 29. 4. 1988, p. 36.                              single set of arrangements applying to trade across the
 ---pagebreak--- 12. 12. 88                              Official Journal of the European Communities                            No C 319/37
Community's external frontiers; whereas arrangements               animal diseases may cause difficulties on the market of one
whereby import levies on certain products replace the              or more Member States; whereas provision should be made
customs duty should, in combination with the intervention          for the introduction of exceptional market support
arrangements, serve to stabilize the Community market by           measures in order to remedy such situations;
preventing fluctuations in world market prices, when these
are lower than the basic price, from disturbing prices ruling      Whereas, in order to facilitate implementation of the
within the Community;                                              proposed measures, a procedure should be provided for
                                                                   establishing close cooperation between the Member States
                                                                   and the Commission within a management committee;
Whereas, for the purposes of application of the levy
arrangements, free-at-Community-frontier offer prices              Whereas the common organization of the market in
should be fixed on the basis of quotations recorded on the         sheepmeat and goatmeat must take appropriate account of
most representative markets of third countries and a special       the objectives set out in both Article 39 and Article 110 of
levy should be fixed for the products in question if the offer     the Treaty;
prices from one or more third countries are abnormally
low;
                                                                   Whereas the establishment of a single market based on a
                                                                   common price system would be jeopardized by the granting
                                                                   of certain aids; whereas, therefore, the provisions of the
Whereas, for products falling under combined nomencla-             Treaty which allow the assessment of aid granted by
ture heading No 0204 for which the rate of duty is bound           Member States and the prohibition of that which is
under GATT, the levies must be limited to the amount so            incompatible with the common market should be made to
bound or to that resulting from voluntary restraint                apply to sheepmeat and goatmeat;
agreements;
                                                                   Whereas the transition from the arrangements established
                                                                   by Regulation (EEC) No 1837/80 to those of this
Whereas, so that the trend in imports and exports can be           Regulation should be effected as smoothly as possible;
followed, provision should be made for a system of import          whereas, to that end, provision should be made for
and export licences involving the provision of security as a       transitional measures continuing the previous arrange-
guarantee that importation or exportation will be effected;        ments, including the variable premium and intervention
                                                                   buying; whereas, should the United Kingdom decide to
                                                                   apply the variable premium, the resultant difference in the
                                                                   extent of support should lead to separate application of the
Whereas provision should be made for granting a refund on          guarantee reduction arrangements in Great Britain and in
exports to third coutries equal to the difference between          the other regions;
prices within the Community and on the world market;
                                                                   Whereas expenditure incurred by the Member States in
                                                                   carrying out obligations under this Regulation falls to the
Whereas, in addition to the system described above,                Community in accordance with Council Regulation (EEC)
provision should be made for prohibiting in whole or in            No 729/70 of 21 April 1970 on the financing of the
part, when the situation on the market so requires, the use        Common Agricultural Policy (*), as last amended by
of inward or outward processing arrangements;                      Regulation (EEC) No 929/79 (2),
Whereas the customs duty and levy arrangments make it              HAS ADOPTED THIS REGULATION:
possible to dispense with all other protective measures at
the external frontiers of the Community; whereas,
however, the mechanism of common prices, customs duties
and levies may, in exceptional circumstances, prove                                          Article 1
defective; whereas in such cases, so as not to leave the
Community market without defence against disturbances                                     (Consolidation)
that may consequently arise, the import barriers that
previously existed having been removed, the Community              The common organization of the market in sheepmeat and
should be able to take all necessary measures without              goatmeat shall comprise both price and trading arrange-
delay;
                                                                   ments and cover the following products:
Whereas restrictions on free movement resulting from the           (!) OJ No L 94, 28. 4. 1970, p. 13.
application of measures intended to prevent the spread of          (2) OJ NoL 117, 12.5. 1979, p. 4.
 ---pagebreak--- No C 319/38                          Official Journal of the European Communities                                          12. 12. 88
                      CN code                                             Description
             (a)    0104  10 90       Live sheep, other than pure-bred breeding animals
                    0104 20 90        Live goats, other than pure-bred breeding animals
                    0204              Meat of sheep or goats, fresh, chilled or frozen
                    0210 90 11        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, dried or smoked
             (b)    0104 10 10        Live sheep, pure-bred breeding animals
                    0104 20 10        Live goats, pure-bred breeding animals
                    0206 80 99        Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of
                                      pharmaceutical products
                    0210 90 60        Edible meat offal of sheep and goats, salted, in brine, dried or smoked
                    1502 00 99        Fats of sheep or goats, raw or rendered, whether or not pressed or solvent-
                                      extracted
             (c)    1602 90 71         Other prepared or preserved meat or offal of sheep or goats, uncooked; mixtures
                                       of cooked and uncooked meat or offal
             (d)    1602 90 79         Other prepared or preserved offal of sheep or goats
                         Article 2                                                                  TITLE I
                                                                              Price, premium and interim arrangements
                     (Consolidation)                                                               Article 3
                                                                    1. In accordance with the procedure laid down in Article
In order to encourage action by trade and joint trade
                                                                    43 (2) of the Treaty, a basic price shall be fixed annually,
organizations to facilitate the adjustment of supply to
                                                                    for the following marketing year, for fresh and chilled
market requirements, the following Community measures
                                                                    sheep carcases.
may be taken in respect of the products listed in Article 1:
                                                                    2. When the basic price is fixed, account shall be taken in
(a) measures to improve sheep and goat farming;                     particular of:
                                                                    (a) the situation on the sheepmeat market during the
(b) measures to promote better organization of produc-                    current year;
    tion, processing and marketing;
                                                                    (b) the prospects for the production and consumption of
                                                                          sheepmeat;
(c) measures to improve quality;
                                                                    (c) sheepmeat production costs;
(d) measures to permit the establishment of short- and
    long-term forecasts on the basis of the means of
                                                                    (d) the market situation in the other livestock product
    production used;
                                                                          sectors, particularly the beef and veal sector;
(e) measures to facilitate the recording of market price            (e) past experience.
    trends.
                                                                    3. Save where a decision on the contrary is taken by the
                                                                    Council, acting by a qualified majority on a proposal from
General rules concerning these measures shall be adopted            the Commission, the marketing year shall begin on the first
in accordance with the procedure laid down in Article 43            Monday in January and shall end on the day preceding that
(2) of the Treaty.                                                  day in the following year.
 ---pagebreak---  12. 12. 88                               Official Journal of the European Communities                                 No C 319/39
4. For the purposes of this Regulation the following                 3. The premium payable per ewe in each region shall be
regions are hereby defined:                                          obtained by multiplying the income loss referred to in
                                                                     paragraph 2 by a coefficient expressing for each region the
— region 1: Italy, Greece,                                           normal annual production of lambmeat per ewe 100
                                                                     kilograms carcase weight.
— region 2: France, Belgium, Denmark, Germany, Lux-
                 embourg, Netherlands, Ireland, United King-
                 dom,                                                Furthermore, in the areas specified in the first and second
                                                                     indents of the first subparagraph of paragraph 1, the
— region 3 : Spain, Portugal.                                        premium payable per she-goat shall be 80 % of the amount
                                                                     per ewe in those areas.
                             Article 4                               4. If the probable trend in market prices as referred to in
                                                                     Article 4 indicates that an income loss is likely during the
 1. A price for fresh or chilled sheep carcases on the               course of the marketing year, the Member State(s)
representative Community markets shall be established on             concerned may, by the procedure laid down in Article 33,
the basis of the prices recorded on the representative               be authorized to make in the region or regions concerned an
market or markets of each Member State for the various               advance payment during the marketing year, before the end
categories of fresh or chilled sheep carcases, account being         of each half-year, to sheepmeat producers and, in the areas
taken of both the volume of each category and of the                 specified in the first and second indents of the first
amount of sheep production in each Member State.                     subparagraph of paragraph 1, to goatmeat producers.
2. Detailed rules for the application of this Article,
including a definition of 'carcase weight', shall be adopted
                                                                     The amount of the final premium shall be determined after
in accordance with the procedure laid down in Article 33.
                                                                     the end of the marketing year, in accordance with
                                                                     paragraphs 1, 2 and 3, and any balance shall be paid.
                             Article 5
                                                                     5. Premiums shall be paid to recipient producers on the
1. To the extent necessary to offset an income loss by               basis of the number of ewes and/or she-goats kept on their
sheepmeat producers in one or more regions during a                  holding over a minimum period to be determined in
marketing year, a premium shall be granted; furthermore,             accordance with the procedure laid down in Article 33.
in order to offset an income loss by goatmeat producers, a
premium shall be granted:
                                                                     6. The Council, acting by qualified majority on a
— in the areas indicated in Annex II, and                           proposal from the Commission, shall adopt general rules
                                                                     for implementing this Article, and in particular shall define
— in the mountain and hill areas within the meaning of               which producers may receive the premium and for what
    Article 3(3) of Directive 75/268/EEC, other than the             ewes, and in the areas specified in the first and second
    areas indicated in Annex II to this Regulation, provided         indents of the first subparagraph of paragraph 1, for what
    that it is established following the procedure referred to      goats.
    in Article 33 that the production of those areas meets the
    two following criteria:
                                                                    The Council, by the same procedure:
     (a) goat rearing is mainly directed towards the
          production of goatmeat;
     (b) goat and sheep rearing techniques are similar in           — may extend the premium scheme to certain mountain-
          nature.                                                        breed ewes raised in precisely defined areas presenting
                                                                         particularly difficult production conditions that do not
                                                                         qualify as eligible ewes: in such cases the premium
The amount of these premiums shall be fixed immediately
                                                                         payable shall be 80 % of that for eligible ewes;
after the end of the marketing year, and in any event not
later than 31 March of each year.
2. The income loss referred to in paragraph 1 shall be              — may specify that the premium is to be granted only to
deemed to be any difference, per 100 kilograms carcase                   producers keeping a minimum number of ewes or, in the
weight, between the basic price referred to in Article 3(1)              case of the areas specified in the first and second indents
and the arithmetic mean of the market prices recorded in                 of the first subparagraph of paragraph 1, a minimum
accordance with Article 4.                                               number of ewes and/or she-goats;
 ---pagebreak--- No C 319/40                             Official Journal of the European Communities                                  12. 12. 88
7. The Commission, acting in accordance with the                                              Article 7a
procedure laid down in Article 33:
                                                                   1. The maximum guaranteed level is hereby fixed at
                                                                   63 400 000 head of ewes.
— shall fix as appropriate the premium payable per ewe in
    each region and in the areas specified in the first and        2.   For each marketing year:
    second indents of the first subparagraph of paragraph 1,
    that payable per ewe and she-goat;                             — if the estimate of ewe numbers for the marketing year
                                                                       exceeds the maximum guaranteed level for that year, the
— shall fix for the duration of each marketing year the                premium provided for in Article 5 shall be reduced for
    coefficients referred to in paragraph 3 ;                          both ewes and she-goats by the effect on the basic price
                                                                       of a coefficient representing a reduction of 1 % for each
                                                                       1 % by which the maximum guaranteed level is
— shall adopt implementing rules for this Article covering,
                                                                       extended;
    in particular, the submission of premium applications,
    monitoring arrangements and payment of the premium.
                                                                   — where the mechanism provided for in the first indent,
                                                                       applied to the actual ewe numbers recorded for the
8. Expenditure under the arrangements provided for in                  preceding marketing year, leads to a premium different
this Article shall be deemed to form part of intervention for          from that calculated, the correction shall be made at the
the purpose of stabilizing agricultural markets.                       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.
                           Article 6
                                                                   3. Detailed rules for the application of this Article, and in
                                                                   particular the coefficient and the amount referred to in
Intervention measures may take the form of private storage         paragraph 2, shall be adopted in accordance with the
aid.                                                               procedure laid down in Article 33.
                                                                   4. The Council, acting in accordance with the procedure
                                                                   laid down in Article 43 of the EEC Treaty, shall review the
                           Article 7                               stabilizer mechanism provided for above by 31 December
                                                                   1992.
1. If the price established in accordance with Article 4 is
lower than 90 % of the basic price referred to in Article 3(1)
                                                                                               TITLE II
and is likely to remain so, a decision may be taken to grant
private storage aid as provided for in Article 6 throughout                        Trade with third countries (*)
the Community.
                                                                                              Article 8
A decision may be taken to grant private storage aid in one
or more regions of the Community if the price recorded on          1. The Common Customs Tariff rates of duty shall apply
the representative market or markets of one or more                to the products listed in Article 1(b), (c) and (d).
regions is lower than 90 % of the basic price referred to in
Article 3(1) and is likely to remain so in the region or           2. The Common Customs Tariff rates of duty shall not
regions concerned; this measure may be regionally                  apply to the products listed in Article 1(a). An import levy
differentiated.                                                    shall be applicable to these products as provided for in this
                                                                   Regulation.
2. The Council, acting by a qualified majority on a
proposal from the Commission, shall adopt general rules
for the application of this Article.                                                           Article 9
                                                                   Import levies shall be fixed each month by the Commission.
3. The procedure laid down in Article 33 shall be used to
determine:                                                         If necessary, the Commission may alter the levies in the
                                                                   intervening period.
(a) the products and product qualities admitted for private
     storage;
                                                                                              Article 10
(b) private storage aid amounts and termination of the             1. The levy on fresh or chilled carcases as indicated in
     period in respect of which aid may be granted;                Annex I under CN codes 0204 10 00, 0204 21 00 and
(c) other rules for the implementation of this Article, in
     particular the circumstances in which the intervention        (*) Consolidation of Articles 8 to 19 of Regulation (EEC)
     measures will be applied.                                         No 1837/80.
 ---pagebreak--- 12. 12. 88                             Official Journal of the European Communities                             No C 319/41
0204 50 11 shall be equal to the difference between the           2. The free-at-Community-frontier offer price referred to
basic price and the free-at-Community-frontier offer price.       in paragraph 1(b) shall be established on the basis of the
                                                                  purchasing for frozen meat most representative as regards
                                                                  quality and quantity, recorded during a period to be
2. The free-at-Community-frontier offer price referred to         determined prior to the fixing of the levy, account being
in paragraph 1 shall be established on the basis of the           taken in particular of:
purchasing possibilities most representative as regards
quality and quantity recorded during a period to be               (a) the foreseeable trend of the market in frozen meat;
determined prior to the fixing of the levy, account being
taken in particular of:
                                                                  (b) the most representative prices on third-country
                                                                      markets for fresh or chilled meat of a category
(a) the supply and demand situation for fresh or chilled              competitive with the frozen meat;
    sheepmeat;
                                                                  (c) past experience.
(b) world market prices for frozen sheepmeat of a category        3. For the frozen meat as indicated in Annex I under CN
    competitive with fresh or chilled sheepmeat; and              codes 0204 42 10, 0204 42 30, 0204 42 50, 0204 42 90,
                                                                  0204 43 00;     0204 50 53, 0204 50 55, 0204 50 59,
                                                                  0204 50 71, and 0204 50 79 the levy shall be equal to the
(c) past experience.                                              levy fixed for the product referred to in paragraph 1,
                                                                  multiplied by a standard coefficient fixed for each of the
                                                                  products in question.
If necessary, the free-at-frontier offer price shall be
established on the basis of the most representative
                                                                  4. The levy chargeable shall be that applicable on the day
purchasing possibilities recorded for live sheep.
                                                                  of importation.
3. The levy on live animals of CN codes 0104 10 90 and            5. Detailed rules for the application of this Article shall be
0104 20 90 and on meat as indicated in Annex I under CN           adopted in accordance with the procedure laid down in
codes 0205 22 10, 0204 22 30, 0204 22 50, 0204 22 90,             Article 33.
0204 23 00, 0204 50 13, 0204 50 15, 0204 50 19,
0204 50 31,0204 50 39,0210 90 11 and 0210 90 19 shall be
equal to the levy on the product referred to in paragraph 1
                                                                                           Article 12
multiplied by a standard coefficient fixed for each of the
products in question.
                                                                  1. A special levy may be fixed for products originating in
                                                                  or coming from one or more third countries if such exports
4. The levy chargeable shall be that applicable on the day        are effected at abnormally low prices.
of importation.
                                                                  2. Detailed rules for the application of this Article shall be
                                                                  adopted in accordance with the procedure laid down in
5. Detailed rules for the application of this Article shall be    Article 33.
adopted in accordance with the procedure laid down in
Article 33.
                                                                                           Article 13
                                                                  By way of derogation from Articles 10, 11 and 12:
                         Article 11
                                                                  (a) levies on products of CN codes 0104 10 90 and
                                                                      0104 20 90 shall be limited to the amount resulting
1. The levy on frozen meat as indicated in Annex I under              from voluntary restraint agreements;
CN codes 0204 30 00, 0204 41 00 and 0204 50 51 shall be
equal to the difference between                                   (b) levies on products of code 0204 for which the rate of
                                                                      duty has been bound under the General Agreement on
                                                                      Tariffs and Trade (GATT) shall be limited to the
(a) the basic price multiplied by a coefficient representing          amount resulting from such binding or to that resulting
    the relationship existing in the Community between                from voluntary trade agreements.
    the price of fresh meat of a category competitive with
    the frozen meat in question, presented in the same
    form, and the average price of fresh and chilled sheep
    carcases; and                                                                          Article 14
                                                                  1. The importation into the Community or exportation
(b) the free-at-Community-frontier offer price for the said      therefrom of any of the products listed in Article 1(a), (c)
    frozen meat.                                                  and (d) shall be subject to the submission of an import or
 ---pagebreak---  No C 319/42                           Official Journal of the European Communities                                  12. 12. 88
export licence issued by the Member States to any applicant       of inward or outward processing arrangements in respect
who so requests, irrespective of the place of his establish-      of the products listed in Article 1.
ment in the Community.
Such import or export licence shall be valid throughout the
 Community.                                                                                 Article 18
The issue of such licences shall be conditional on the            1. The general rules for the interpretation of the
provision of a security as a guarantee that importation or        Common Customs Tariff and the special rules for its
exportation will be effected during the period of validity of     application shall apply to the tariff classification of
the licence. The security shall be wholly or partially forfeit    products covered by this Regulation; the tariff nomencla-
if the operation is not carried out, or is only partially         ture resulting from the application of this Regulation shall
carried out, within that period.                                  form part of the Common Customs Tariff.
2. Detailed rules for the application of this Article, which      The Council, acting by a qualified majority on a proposal
may in particular lay down a time limit for the issue of the      from the Commission, may adjust this Regulation where
licences, shall be adopted in accordance with the procedure       such adjustment is carried out as a result of an amendment
laid down in Article 33.                                          to the nomenclature of the Common Customs Tariff, and
                                                                  may amend the nomenclature used in this Regulation.
                                                                  2. Unless otherwise provided in this Regulation or
                          Article 15
                                                                  otherwise decided by the Council acting by a qualified
                                                                  majority on a proposal from the Commission, the
 1. To the extent necessary to enable the products listed in      following shall be prohibited in trade with third countries:
Article A to be exported, the difference between the prices
for those products on the world market and prices within
the Community may be covered by an export refund.                — the levying of any charges having effect equivalent to a
                                                                      customs duty,
2. The refund shall be the same for the whole Com-
munity. It may be varied according to end-use or                 — the application of any quantitative restriction or
destination.                                                          measure having equivalent effect.
The refund shall be granted on application.
                                                                                           Article 19
3. The Council, acting by a qualified majority on a
proposal from the Commission, shall adopt general rules
                                                                  1. If, by reason of imports or exports, the Community
for granting export refunds and for the advance fixing
                                                                  market in one or more of the products listed in Article 1
thereof.
                                                                  experiences or is threatened with serious disturbance liable
                                                                 to imperil the objectives set out in Article 39 of the Treaty,
4. Refunds shall be fixed at regular intervals in accord-         appropriate measures may be applied in trade with third
ance with the procedure laid down in Article 24. ;Where          countries until such disturbance or threat of disturbance
necessary the Commission may, at the request of a Member         has ceased.
State or on its own initiative, alter the refunds in the
intervening period.
                                                                 The Council, acting by a qualified majority on a proposal
                                                                 from the Commission, shall adopt detailed rules for the
5. Detailed rules for the application of this Article shall be
                                                                 application of this paragraph and define the cases in which
adopted in accordance with the procedure laid down in            the limits within which Member States may take protective
Article 33.                                                      measures.
                                                                 2. If the situation referred to in paragraph 1 arises, the
                          Article 16                             Commission shall, at the request of a Member State or on
                                                                 its own initiative, decide on the necessary measures, which
This Regulation shall be applied with due regard to the          shall be communicated to the Member States and shall be
Community's obligations under international agreements.          immediately applicable. If the Commission receives a
                                                                 request from a Member State, it shall take a decision
                                                                 thereon within 24 hours following receipt of the request.
                         Article 17                              3. Measures adopted by the Commission may be referred
                                                                 to the Council by any Member State within three working
To the extent necessary for the proper working of the            days following the day on which they were communicated.
common organization of the market in sheepmeat, the              The Council shall meet without delay. It may, by a
Council, acting by a qualified majority on a proposal from       qualified majority, amend or repeal the measures in
the Commission, may prohibit, in whole or in part, the use       question.
 ---pagebreak---  12. 12. 88                              Official Journal of the European Communities                              No C 319/43
                           TITLE III                                    satisfaction of the competent authority that the lambs
                                                                        from the ewes that they hold will not be slaughtered
                   Transitional provisions
                                                                        before the age of two months,
                          Article 20
                                                                    — a she-goat premium equal to 80 % of the ewe premium
Until the end of the 1992 marketing year the provisions of              payable in region 2 may be granted, instead of the
Title I shall be applicable subject to those of the following           premium payable in region 1, in the areas of region 1
Articles.                                                               indicated in the second indent to the first subparagraph
                                                                        of Article 5(1), and in Annex II, to interested parties
                                                                        who show to the satisfaction of the competent authority
                          Article 21                                    that the kids from the she-goats that they hold will not
                                                                        be slaughtered before the age of two months.
The Council, acting by a qualified majority on a proposal
from the Commission, shall set, in addition to the price
referred to in Article 3(1), seasonally adjusted basic prices       3. In region 4 the income loss shall, where the variable
to take account of normal seasonal variations on the                premium referred to in Article 28 is paid, be reduced by the
Community sheepmeat market.                                         weighted average of the variable premiums actually
                                                                    granted.
                          Article 22                                This average, which shall be expressed per 100 kilograms
                                                                    net weight, shall be obtained by dividing the total amount
The following regions are hereby defined:                           of the premiums actually granted by the weight of the
                                                                    certified animals for which the variable premium may be
— region 1: Italy, Greece,                                          granted on slaughter or, as appropriate, when they are first
                                                                    placed on the market.
— region 2: France, Belgium, Denmark, Germany, Lux-
               embourg, Netherlands, Ireland, Northern
               Ireland,                                             4. For the purpose of determining the arithmetic mean of
                                                                    market prices as referred to in paragraph 1 when the
— region 3 : Spain, Portugal,                                       intervention measures referred to in Article 26 are applied
                                                                    the market price shall, for the period during which buying-
— region 4: Great Britain.                                          in actually takes place, be replaced by the seasonally
                                                                    adjusted intervention price.
                          Article 23
1. A price for fresh or chilled sheep carcases on the
representative Community market shall be established on                                       Article 25
the basis of the prices recorded on the representative
market or markets of each region or, as regards regions 1, 2
and 3, of each Member State for the various categories of           In addition to private storage aid intervention may be taken
fresh or chilled sheep carcasses, account being taken of            in the form of purchases by intervention agencies of fresh
both the volume of each category and of the amount of               sheepmeat in the form of carcases or half-carcases.
sheep farming in each region or, as regards regions 1, 2 and
3, in each Member State.
2. Detailed rules for the application of this Article,
including a definition of 'carcase weight', shall be adopted                                  Article 26
in accordance with the procedure laid down in Article 33.
                                                                    1. If during the period 15 July to 15 December of each
                                                                    year the price recorded as provided for in Article 23 is equal
                          Article 24                                to or less than a seasonally adjusted intervention price
                                                                    corresponding to the following percentages of the season-
1. The income loss referred to in Article 5(1) shall be             ally adjusted basic price:
deemed to be any difference, per 100 kilograms carcase
weight, between the basic price referred to in Article 3(1)
and the arithmetic mean of the market prices recorded for          — 1989 marketing year: 81 %,
each region in accordance with Article 23.
2. If a ewe premium is granted in region 2, at the request         — 1990 marketing year: 77 %,
of interested parties:
                                                                   — 1991 marketing year: 73 %,
— a ewe premium equal to that payable in region 2 may be
    granted in region 1, instead of the premium payable in
    that region, to interested parties who show to the             — 1992 marketing year: 69 %.
 ---pagebreak--- No C 319/44                               Official Journal of the European Communities                                  12. 12. 88
and at the same time the price recorded on the represen-             — 1990 marketing year: 77 %,
tative markets of a given region is equal to or less than the
seasonally adjusted intervention price, buying-in as
provided for in Article 25 shall, at the request of one or           — 1991 marketing year: 73 %,
more Member States, be commenced for the region in
question. However, in the case of regions 1, 2 and 3,                — 1992 marketing year: 69 %.
buying-in may be carried out for the Member State or
Member States forming those regions.
                                                                     The guide level referred to in the first subparagraph shall be
The agencies designated by the Member States concerned               seasonally adjusted in the same way as the basic price.
shall buy in fresh or chilled meat originating in the
Community of qualities likely to provide the best market             2. The amount of the premium referred to in Article 1
support.                                                             shall be equal to the difference between the seasonally
                                                                     adjusted guide level and the market price recorded in the
2. Buying-in may be carried out only for the qualities               region concerned. It shall be fixed each week in the 1989
defined in accordance with paragraph 1 the price of which            marketing year, each month in the 1990 marketing year and
in the Member State or Member States concerned is lower              each quarter from the 1991 marketing year onwards.
than a buying-in price calculated for each of these qualities
on the basis of the seasonally adjusted intervention price.
                                                                     3. Should the premium referred to in paragraph 1 be paid
                                                                     in region 3 the Commission shall adopt the necessary
3. Buying-in shall be suspended if the price recorded in             measures to ensure that an amount equivalent to the
accordance with Article 30 is higher for a certain period            premium actually granted is charged on all products as
than the seasonally adjusted intervention price.                     indicated at (a) and (c) in Article 1 leaving that region.
4. The Council, acting by a qualified majority on a
proposal from the Commission, shall determine pursuant               4. The Commission shall, in accordance with the
to paragraph 2 the intervention and the seasonally adjusted          procedure laid down in Article 33, adopt detailed rules for
intervention price and shall adopt general rules for the             the application of this Article. These may in particular
application of this Article.                                         include measures to prevent any disturbance to trade in
                                                                     livestock, meat or prepared products resulting from
                                                                     application of the premium arrangement referred to in
5.   The procedure laid down in Article 39 shall be used:
                                                                     paragraph 1.
(a) for deciding on commencement of intervention as
     indicated in paragraph 1 and on termination of such             5. Expenditure incurred under the arrangements pro-
     intervention;                                                   vided for in this Article shall be deemed to form part of
                                                                     intervention for the purpose of stabilizing agricultural
(b) for the adoption of other rules for the application of           markets.
     this Article, in particular rules applying to intervention
     purchasing.
                                                                                              Article 28a
                            Article 27
                                                                     1. The maximum guaranteed level laid down in Article 7a
If during the period running from 16 December of one year            shall be broken down as follows:
to 14 July of the following year a serious situation should
arise requiring market support by means of the intervention
measures referred to Article 26 a decision may be taken, in          — 18 100 000 head for region 4,
accordance with the procedure laid down in Article 33, to
apply these measures.                                                — 43 300 000 head for the other regions.
                                                                     2. Should paragraph 2 of Article 7a be applied, the
                            Article 28                               intervention price referred to in Article 26(2) and the 'guide
                                                                     level' referred to in Article 28 on which the variable
1. The United Kingdom may grant in region 4, if it does              premium is to be calculated shall be reduced by the same
not apply the provisions laid down in Article 25 in that             percentage as that by which the basic price is reduced
region, a premium for the slaughter of sheep provided that           pursuant to the first indent of Article 7a(2).
prices recorded on the representative markets of that region
are below a 'guide level' corresponding to the following             3. Should the United Kingdom apply Article 28, Article
percentages of the basic price referred to in Article 3(1):          7a (2) and paragraph 2 of this Article shall apply separately
                                                                     to region 4 on the one hand and to all the other regions on
— 1989 marketing year: 81 %,                                         the other.
 ---pagebreak--- 12. 12. 88                              Official Journal of the         Communities                           No C 319/45
                         TITLE IV (!)                           2. The Commission representative shall submit a draft of
                                                                the measures to be taken. The Committee shall deliver its
                     General provisions
                                                                opinion on such measures within a time limit to be set by
                          Article 29                            the chairman according to the urgency of the matter.
                                                                Opinions shall be adopted by a majority of 54 votes.
In order to take account of any restrictions on free            3. The Commission shall adopt measures which shall
movement which might result from the application of             apply immediately. However, if these measures are not in
measures to prevent the spread of animal diseases,              accordance with the opinion of the Committee, they shall
exceptional measures to support any market affected by          forthwith be communicated by the Commission to the
such restrictions may be taken under the procedure laid         Council. In that event the Commission may, for not more
down in Article 24, but only to the extent that and for such    than one month from the date of such communication,
period as is strictly necessary for the support of that         defer application of the measures which it has adopted.
market.
                                                                The Council, acting by a qualified majority, may take a
                                                                different decision within one month.
                          Article 30
Save as otherwise provided in this Regulation, Articles 92,                              Article 34
93 and 94 of the Treaty shall apply to the production of and
trade in the products listed in Article 1.                      The Committee may consider any other question referred
                                                                to it by its chairman either on his own initiative or at the
                          Article 31                            request of the representative of a Member State.
Member States and the Commission shall communicate to
                                                                                         Article 35
each other the information necessary for implementing this
Regulation.                                                     This Regulation shall be so applied that appropriate
Rules for the communication and distribution of such            account is taken of the objectives set out in both Article 39
information shall be adopted in accordance with the             and Article 110 of the Treaty.
procedure laid down in Article 24.
                                                                                         Article 36
                          Article 32                            The Annexes may be amended by the Council, acting by a
1. A Management Committee for Sheep and Goats                   qualified majority, on a proposal from the Commission.
(hereinafter referred to as 'the Committee') is hereby set up,
consisting of representatives of the Member States with a                                Article 37
representative of the Commission as chairman.
                                                                1.   Regulation (EEC) No 1837/80 is hereby repealed.
2. Within the Committee the votes of Member States
shall be weighted in accordance with Article 148(2) of the      2. References to the Regulation repealed by paragraph 1
Treaty. The chairman shall not vote.                            shall be construed as references to this Regulation.
                                                                References to the Articles of the repealed Regulation shall
                          Article 33                            be read in accordance with the correlation table in Annex
1. Where the procedure laid down in this Article is to be       III.
followed, the chairman shall refer the matter to the
Committee either on his own initiative or at the request of                              Article 38
the representative of a Member State.
                                                                This Regulation shall enter into force on 2 January 1989.
(*) Consolidation of Articles 22 to 30 of Regulation (EEC)      This Regulation shall be binding in its entirety and directly
    No 1837/80.                                                 applicable in all Member States.
 ---pagebreak--- No C 319/46                             Official Journal of the European Communities                                       12. 12. 88
                                                               ANNEX I
                     CN code                                                Description
                   Section (a)            Meat of sheep and goats, fresh or chilled:
                   0204  10  00           —   Carcases and half-carcases of lamb
                   0204  21  00           —   Carcases and half-carcases of sheep other than those of lamb
                   0204  22  10           —   Short forequarters of sheep
                   0204  22  30           —   Chines and/or best ends of sheep
                   0204  22  50           —   Legs of sheep
                   0204  22  90           —   Other cuts with bone in of sheep
                   0204  23  00           —   Boneless cuts of sheep
                   0204  50  11           —   Carcases and half-carcases of goats
                   0204  50  13           —   Short forequarters of goats
                   0204  50  15           —   Chines and/or best ends of goats
                   0204  50  19           —   Legs of goats
                   0204  50  31           —   Other cuts with bone in of goats
                   0204  50  39           —   Boneless cuts of goats
                   Section (b)            Meat of sheep and goats salted, in brine, dried or smoked:
                   0210 90 11             — With bone in
                   0210 90 19             — Boneless
                   Section (c)            Meat of sheep and goats, frozen:
                   0204  30  00           —   Carcases and half-carcases of lamb
                   0204  41  00           —   Carcases and half-carcases of sheep, other than those of lamb
                   0204  42  10           —   Short forequarters of sheep
                   0204  42  30           —   Chines and/or best ends of sheep
                   0204  42  50           —   Legs of sheep
                   0204  42  90           —   Other cuts with bone in of sheep
                   0204  43  00           —   Boneless cuts of sheep
                   0204  50  51           —   Carcases and half-carcases of goats
                   0204  50  53           —   Short forequarters of goats
                   0204  50  55           —   Chines and/or best ends of goats
                   0204  50  59           —   Legs of goats
                   0204  50  71           —   Other cuts with bone in of goats
                   0204  50  79           —   Boneless cuts of goats
                                                              ANNEX 11
           1. France:       Corse.
          2. Grece:         tout le territoire.
          3. Italie:        Lazio, Abruzzo, Molise, Campania, Puglia, Basilicata, Calabria, Sicilia et Sardegna.
          4. Espagne:       communautes autonomes suivantes: Andalousie, Aragon, Baleares, Castille-la Manche,
                            Castille et Leon, Catalogne, Estremadure, Galice (a l'exception des provinces de la Corogne et
                            Lugo), Madrid, Murcie, la Rioja et Valenciana.
          5. Portugal:      tout le territoire a l'exception des Acores et de Madere.
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