CELEX: 31967R0121
Language: en
Date: 1967-06-13 00:00:00
Title: Regulation No 121/67/EEC of the Council of 13 June 1967 on the common organisation of the market in pigmeat

46                                  Official Journal of the European Communities
 19.6.67                     OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES                                      2283/67
                                REGULATION No 121/67/EEC OF THE COUNCIL
                                                     of 13 June 1967
                                on the common organisation of the market in pigmeat
 THE COUNCIL OF THE EUROPEAN ECONOMIC                           the adjustment of supply to market requirements and
 COMMUNITY,          .                   v                      for intervention measures ; whereas the intervention
                                                                measures may take the form of buying-in by
                                                                intervention agencies; whereas, however, aid should
 Having regard to the Treaty establishing the                   also be provided for private storage since such aid
 European Economic Community, and in particular                 least disturbs the normal marketing of products and
 Articles 42 and 43 thereof;                                    can help to reduce the volume of buying-in by
                                                                intervention agencies ; whereas to this end provision
 Having regard to the proposal from the Commission;             should be made in particular for fixing a basic price
                                                                below which intervention measures may be taken and
                                                                the conditions under which intervention may take
 Having regard to the Opinion of the European                   place;
 Parliament1 ;
                                                                Whereas the creation of a single Community market
"Whereas the operation and development of the                   for pigmeat involves the introduction of a single
 common market in agricultural products must be                 trading system at the external frontiers of the
 accompanied by the establishment of a common                   Community; whereas a trading system including
 agricultural policy to include in particular a common          levies    and    export   refunds,   combined      with
 organisation of agricultural markets which may take            intervention measures, also serves to stabilise the
 various forms depending on the product;                        Community market, in particular by preventing price
                                                                fluctuations on the world market from affecting
 Whereas Regulation No 202 provided that the                    prices ruling within the Community;
 common organisation of the market in pigmeat
 should be established progressively from 1962 ;                Whereas to achieve this aim it should as a general
.whereas the main feature of the market organisation            rule be sufficient to introduce, in respect of imports
 thus established is a system of levies to be applied in        from third countries, levies which take account of the
 trade    between - Member     States  and     with  third      incidence on feeding costs of the difference between
 countries, calculated with particular reference to             prices for feed grain within the Community and on
 prices for feed grain;                                         the world market, and of the need to protect the
                                                                Community processing industry;
 Whereas the introduction on 1 July 1967 of a single
 price system for cereals within the Community leads            Whereas it is necessary to avoid disturbances on the
 to the establishment of a single market in pigmeat on          Community market caused by offers made on the
 that date;                                                     world market at abnormally low prices ; whereas to
                                                                this end sluice-gate prices should be fixed and levies
 Whereas the aim of the common agricultural policy is           should be increased by an additional amount when
 to attain the objectives set out in article 39 of the          free-at-frontier offer prices are lower than these
 Treaty; whereas, in the pigmeat sector, in order to            prices ; whereas the system of sluice-gate prices will
 stabilise markets and to ensure a fair standard of             not operate, however, where it is difficult to
 living for the agricultural community concerned,               determine a sufficiently representative offer price for
                                                                all the products falling within one tariff heading;
 provision should be made for measures to facilitate            whereas provision should be made for a method of
                                                                calculating the additional amount in such cases ;
 1 OJ No 103, 2.6.1967, p. 2075/67.                             Whereas, in order to control the volume of imports,
 2 OJ No 30, 20.4.1962, p. 945/62.                              provision should be made for recourse to a system of
 ---pagebreak---                                       Official Journal of the European Communities                                           47
  import licences including the lodging of a deposit              prices and the common prices ; whereas differences in
  guaranteeing that importation is effected;                      production costs may lead to certain disturbances in
                                                                  trade   between      Member    States     and     with  third
                                                                  countries ; whereas, in order to avoid such
  Whereas provision for granting a refund on exports              disturbances, provision should be made for
  to third countries equal to the difference between              intra-Community levies and supplementary levies in
  prices within the Community and on the world                    respect of third countries on imports of the products
  market would serve to safeguard Community                       in question for a certain transitional period ; whereas,
  participation in international trade in pigmeat;                however, in order to take account of the special
                                                                  conditions relating to certain products imported into
  Whereas, in addition to the system described above,             the Federal Republic of Germany from the Grand
  and to the extent necessary for its proper working,             Duchy of Luxembourg, no levy should be charged on
  provision should be made for regulating or, when the            such products ; whereas, moreover, other transitional
  situation on the market so requires, prohibiting the            measures may prove necessary to facilitate the .
  use of 'inward processing arrangements';                       transition from the system provided in Regulation No
                                                                 20 to the system established by this Regulation;
 Whereas the levy system makes it possible to dispense
  with all other protective measures at the external             Whereas the common organisation of the market in
 frontiers of the Community; whereas, however, the               pigmeat must take appropriate account, at the same
  common price and levy machinery may, in                        time, of the objectives set out in Articles 39 and 110
 exceptional circumstances, prove defective; whereas,            of the Treaty;
 in such cases, so as not to leave the Community
 market without defence against disturbances which
 may arise therefrom after the import barriers which             Whereas, in order to facilitate implementation of the
 existed previously have been removed, the                       proposed measures, a procedure should be provided
 Community should be enabled to take all necessary               for establishing close co-operation between Member
 measures without delay;                                         States and the Commission within a Management
                                                                 Committee;
 Whereas the establishment of a single market in
 pigmeat involves the removal at the internal frontiers
 of the Community of all obstacles to the free                  HAS ADOPTED THIS REGULATION :
 movement of the goods in question ;
 Whereas restrictions on free movement resulting from                                     Article 1
 the application of health protection measures may
 give rise to difficulties on the market of one or more
 Member States and may require measures by way of               1 . The common organisation of the market in
 derogation;                                                    pigmeat shall comprise a price and trading system
                                                                and cover the following products :
Whereas the establishment of a single market based
 on a common price system would be jeopardised by
the granting of certain aids ; whereas, therefore, the                 CCT heading
                                                                           No                    Description of goods
provisions of the Treaty which allow the assessment
of aids granted by Member States and the prohibition
                                                                (a)     01.03 A II       Live swine, of domestic species,
of those which are incompatible with the common                                          other than pure-bred breeding
market should be made to apply to pigmeat;                                               animals
Whereas the transition from the system provided in              ( b)    02.01 A III ( a) Meat of domestic swine, fresh,
                                                                                         chilled or frozen
Regulation No 20 to that established by this
Regulation should be effected as smoothly as                         ex 02.01 B II       Offals of domestic swine, fresh ,
possible ; whereas products marketed during the first                                    chilled or frozen
weeks following the date on which this Regulation                    ex 02.05            Unrendered pig fat free of lean
begins to apply will have been obtained from cereals                                     meat, fresh , chilled, frozen, salted,
purchased at the national prices ruling in the                                           in brine, dried or smoked
producing country before that date which differ from                    02.06 B          Meat and edible meat offals of
the common prices; whereas, therefore, the                                               domestic swine, salted, in brine,
production costs of such products will still be                                          dried or smoked
influenced by differences between the national prices                   15.01 A          Lard and other rendered pig fat
for cereals ruling before that date, and between these
 ---pagebreak--- 48                                        Official Journal of the European Communities
                                                                     Intervention agencies shall buy in carcases or
      CCT heading
          No                       Description of goods              half-carcases, fresh or chilled (Common Customs
                                                     i               Tariff sub-heading No ex 02.01 A III (a)); they may
(c) ex 16.01               Sausages and the like, of meat,           buy in breast of pork (streaky), fresh or chilled
                           meat offal or animal blood, con­          (Common Customs Tariff sub-heading No ex 02.01
                           taining meat or offals of swine           A III ( a)), and unrendered pig fat, fresh or chilled
    ex 16.02 A II          Other prepared or preserved meat          ( Common Customs Tariff heading No ex 02.05 ).
                           or meat offal, containing liver of
                           swine
    ex 16.02 B II          Other prepared or preserved meat                                  Article 4
                           or meat offal, not specified, con­
                           taining meat or offals of domestic        1 . Before 1 August of each year a basic price shall
                           swine
                                                                     be fixed, valid from 1 November of the same year,
                                                                     for   meat     of domestic     swine  in  carcases  or
                                                                     half-carcases (hereinafter called 'pig carcases') of a
2. For the purposes of this Regulation, a 'quarter'                  standard quality defined with reference to a
means a period of three months beginning 1                           Community scale for grading pig carcases.
February, 1 May, 1 August or 1 November.
                                                                     When the basic price is being fixed account shall be
                                                                     taken of :
                            TITLE I                                  — the sluice-gate price and the levy applicable
                                                                         during the quarter beginning 1 August of each
                              Prices                                     year;
                                                                     — the need to fix this price at a level which
                            Article 2                                    contributes towards stabilising market prices
                                                                         without, however, leading to the formation of
In order to encourage action by trade and joint trade                    structural surpluses within the Community.
organisations to facilitate the adjustment of supply to
market requirements, the following Community                         2.    Intervention measures may be taken when, on
measures may be taken in respect of the products                     the representative markets of the Community, the
listed in Article 1 ( 1 ):                                           average price for pig carcases is, and is likely to
— measures to promote better organisation of                         remain, below the basic price.
     production, processing and marketing;
                                                                     3.    The intervention agencies designated by the
— measures to improve quality ;                                      Member States shall take intervention measures
                                                                     under the conditions laid down in Articles 5 to 7.
— measures to permit the establishment of short­
     and long-term forecasts on the basis of the means
     of production used;                                             4. The procedure laid down in Article 43 (2) of the
                                                                     Treaty shall apply for the purposes of:
— measures to facilitate the recording of market
     price trends.                                                   — fixing the basic price;
                                                                     — determining a standard quality for pig carcases.
General rules concerning these measures shall be
adopted in accordance with the procedure laid down .                 5.    The Council, acting in accordance with the
in Article 43 (2) of the Treaty.                                     voting procedure laid down in Article 43 (2) of the
                                                                     Treaty on a proposal from the Commission, shall :
                            Article 3                                — adopt the list of representative markets ;
                                                                     — determine the . Community scale for grading pig
The following intervention measures may be taken to                      carcases . •
prevent or mitigate a substantial fall in prices :
— aid for private storage ;                                           6. The procedure laid down in Article 24 shall
                                                                      apply for the purposes of:
— buying-in by intervention agencies.
                                                                     — deciding to take intervention measures and the
                                                                         date on which they shall cease to apply;
Private storage aid may be granted for products
 determined in accordance with the rules laid down in                 — adopting detailed rules for the application of this
 Article 5 .                                                             Article.
 ---pagebreak---                                       Official Journal of the European Communities                                      49
                          Article 5                                                      Article 7
 1.     Where intervention measures are to be taken,             1.    The Council, acting in accordance with the
 the products for which private storage aid is to be             voting procedure laid down in Article 43 (2) of the
 granted and the products of a defined quality which             Treaty on a proposal from the Commission, shall
 are to be bought in shall be determined, and the price          adopt general rules for granting private storage aid.
 at which the intervention agencies are to buy in
 products and the amount of private storage aid shall            2. Detailed rules of application shall be adopted in
 be fixed .                                                      accordance with the procedure laid down in Article
                                                                 24.
 The buying-in price for pig carcases of standard
 quality may not be more than 92% nor less than                                          TITLE II
 85% of the basic price.
                                                                                Trade with third countries
 2 . For products of standard quality other than pig                                     Article 8
 carcases, buying-in prices shall be derived from the
 buying-in price for pig carcases on the basis of the
 ratio of each of the sluice-gate prices for these              A levy, fixed in advance for each quarter in
products to the sluice-gate price for pig carcases.             accordance with the procedure laid down in Article
                                                                24, shall be charged on imports into the Community
                                                                of the products listed in Article 1 ( 1 ).
For products other than those of standard quality,
buying-in prices shall be derived from those in force
                                                                                         Article 9
for the related standard qualities , account being
 taken of differences in quality compared with the
standard quality. These prices shall apply to defined           1.     The levy on pig carcases shall be composed of:
qualities .                                                     ( a) one component equal to the difference between
                                                                     prices within the Community and on the world
3.      The procedure laid down in Article 24 shall                  market for the quantity of feed grain required for
apply for the purposes of:                                           the production in the Community of one
                                                                     kilogramme of pigmeat.
— determining the products for which private storage
     aid is to be granted, and the products of a defined             The prices for feed grain within the Community
     quality which are to be bought in ;                             shall be determined once a year for a period of
                                                                     twelve months beginning 1 August, on the basis
— fixing the buying-in prices and the amount of aid;                 of the threshold prices for such grain and the
                                                                     monthly increase thereof.
— adopting detailed rules for the application of this
     Article, in particular the conditions governing the             The prices for feed grain on the world market
     buying-in and storage of the products covered by                shall be determined quarterly on the basis of the
     the intervention measures provided for in Article               prices for such grain for the six months preceding
     3.                                                              the quarter during which the said component is
                                                                     calculated.
                                                                     However, when the levies applicable from 1
                          Article 6                                  November, 1 February and 1 May are being
                                                                     fixed, trends in world market prices for feed
                                                                     grain shall be taken into account only if at the
1.      Disposal of the products bought in by the                    same time a new sluice-gate price is being fixed .
intervention agencies in accordance with Articles 3 , 4
and 5 shall take place in such a way as to avoid any            (b) one component equal to 7% of the average of
disturbance of the market and to ensure equal access                 the sluice-gate prices ruling for the four quarters
to goods and equal treatment of purchasers.                          preceding 1 May of each year.
                                                                     This component shall be calculated once a year
2.      Detailed rules for the application of this Article,          for a period of twelve months beginning 1
in particular as regards selling prices, conditions for              August.
release from storage and, where appropriate, the
processing of products bought in by the intervention            2. The Council, acting in accordance with the
agencies, shall be adopted in accordance with the               voting procedure laid down in Article 43 (2) of the
procedure laid down in Article 24.                              Treaty on a proposal from the Commission, shall :
 ---pagebreak---  50                                  Official Journal of the European Communities
— determine the quantity of feed grain required for                                      Article 12
     the production in the Community of one
     kilogramme of pigmeat, and the percentages of
     the various feed grains included in that quantity;         1 . Sluice-gate prices shall be fixed in advance for
                                                                each quarter in accordance with the procedure laid
— adopt rules for the application of this Article.              down in Article 24.
                                                                2. The sluice-gate price for pig carcases shall be
                          Article 10                            composed of:
                                                                ( a) an amount equal to the value on the world
1 . As regards the products listed in Article 1 ( 1 ) (a)             market of the quantity of feed grain equivalent to
and (b), other than pig carcases, the levy shall be                   the quantity of feeding-stuffs required for the
derived from the levy on pig carcases on the basis of                 production in third countries of one kilogramme
the ratio within the Community of the prices for such                 of pigmeat;
products to the price for pig carcases.                         (b) a standard amount representing the extra cost,
                                                                      over feed grain, of feeding-stuffs other than grain
2. As regards the products listed in Article 1 ( 1 )                  required for the production of one kilogramme
 (c), the levy shall be equal to the sum of the                       of pigmeat;
following components :
                                                                (c) a standard amount representing overhead costs of
(a) one component derived from the levy on pig                        production and marketing.
      carcases on the basis of the ratio within the
      Community of the prices for such products to the                The value of the quantity of feed grain shall be
      price for pig carcases ;                                        determined quarterly on the basis of the world
                                                                      market prices for cereals recorded in the course
 (b) a second component equal to 7% of the average                    of the six months preceding the quarter during
      offer price determined on the basis of imports                  which the sluicergate price is fixed.
      effected during the twelve months preceding 1
      May of each year. However, for products falling           However, when the sluice-gate price applicable from
      within Common Customs Tariff heading No ex                1 November, 1 February and 1 May is being fixed,
      16.02, it shall be equal to 10% .                         trends in world market prices for feed grain shall be
      This component shall be calculated once a year            taken into account only if the value of the quantity of
      for the twelve months beginning 1 August.                 feed grain shows a minimum variation from that used
                                                                in calculating the sluice-gate price for the preceding
                                                                quarter.
3.     By way of derogation from the provisions of
paragraphs 1 and 2, for products falling within                 3 . Sluice-gate prices shall be fixed only for certain
Common Customs Tariff sub-headings Nos ex 02.01                 of the products listed in Article 1 ( 1 ) other than pig
B II, ex 15.01 A, ex 16.01 A and ex 16.02 A II, in              carcases. Such sluice-gate prices shall be derived from
respect of which the rate of duty has been bound                the sluice-gate price for pig carcases on the basis of
within GATT, the levies shall be limited to the                 the ratio fixed for such products under Article 10 (4).
amount resulting from that binding.
                                                                4. The Council, acting in accordance with the
4.     The coefficients expressing the ratios mentioned         voting procedure laid down in Article 43 (2) of the
in paragraphs 1 and 2 shall be fixed in accordance              Treaty on a proposal from the Commission, shall :
with the procedure laid down in Article 24.
                                                               — determine the quantity of feed grain specified in
                                                                     paragraph 2 ( a) and the percentages of the
                                                                     various feed grains included in that quantity;
                         Article 11
                                                               — adopt the list of products for which sluice-gate
                                                                     prices are to be fixed;
When a substantial price rise is recorded on the
Community market and this situation is likely to               — adopt rules for calculating the sluice-gate price
continue, thereby disturbing or threatening to disturb               for pig carcases .
the market, the necessary measures may be taken.
                                                                                         Article 13
The Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty
on a proposal from the Commission, shall adopt                  1 . Where the free-at-frontier offer price for a
general rules for the application of this Article.             product falls below the sluice-gate price, the levy on
 ---pagebreak---                                      Official Journal of the European Communities                                     51
that product shall be increased by an additional                The issue of such licences shall be conditional on the
amount equal to the difference between the                     lodging of a deposit guaranteeing that importation is
sluice-gate price and the free-at-frontier offer price.        effected during the period of validity of the licence;
                                                               the deposit shall be forfeited in whole or in part if
For certain of the products for which no sluice-gate            importation is not effected, or is only partially
price is fixed a system of 'pilot products' and 'derived       effected, within that period.
products' shall be established to allow additional
amounts to be fixed .                                           2. The Council, acting in accordance with the
                                                               voting procedure laid down in Article 43 (2) of the
2. However, the levy shall not be increased by this            Treaty on a proposal from the Commission, shall
additional amount as regards third countries which              adopt the list of products for which import licences
are prepared and in a position to guarantee that the           are required.
price for imports into the Community of products
originating in and coming from their territory will            3.     The period of validity of licences and other
not be lower than the sluice-gate price for the                detailed rules for the application of this Article shall
product in question and that any deflection of trade            be adopted in accordance with the procedure laid
will be avoided .                                               down in Article 24 .
3 . The free-at-frontier offer price shall be
determined for all imports from all third countries .                                     Article IS
However, if exports from one or more third countries
are effected at abnormally low prices, lower than the           1.    To the extent necessary to enable the products
prices ruling in other countries, a second                      listed in Article 1 ( 1 ) to be exported on the basis of
free-at-frontier offer price shall be determined for            quotations or prices for those products on the world
exports from these other countries .                            market, the difference between those quotations or
                                                               prices and prices within the Community may be
                                                               covered by an export refund.
4.    The Council, acting in accordance with the
voting procedure laid down in Article 43 (2) of the
                                                               2.     The refund shall be the same for the whole
Treaty on a proposal from the Commission, shall
adopt general rules concerning the system provided              Community. It may be varied according to use or
                                                               destination .
for in the second subparagraph of paragraph 1 .
5.    Detailed rules for the application of this Article       The refund shall be granted on application by the
shall be adopted in accordance with the procedure              party concerned.
laid down in Article 24.
                                                               3.     When the refund is being fixed particular
                                                               account shall be taken of the need to establish a
The additional amounts shall be fixed, where
                                                               balance between the use of Community basic
necessary, in accordance with the same procedure .             products in the manufacture of processed goods for
                                                               export to third countries and the use of third country
                                                               products     brought      in   under  inward   processing
                       Article 14                              arrangements.
1.    Imports into the Community of any of the                 4.     The Council, acting in accordance with the
products listed in Article 1 ( 1 ) may be made                 voting procedure laid down in Article 43 (2) of the
conditional on the submission of an import licence             Treaty on a proposal from the Commission, shall
which may be issued by Member States to any                    adopt general rules for granting export refunds and
applicant irrespective of the place of his                     criteria for fixing the amount of such refunds .
establishment in the Community.
                                                               5.     Refunds shall be fixed at regular intervals in
From a date to be fixed by the Council, acting in              accordance with the procedure laid down in Article
accordance with the voting procedure laid down in              24. "Where necessary the Commission may, at the
Article 43 (2) of the Treaty on a proposal from the            request of a Member State or on its own initiative,
Commission, and from 1 August 1969 at the latest,              alter the refunds in the intervening period.
such licences shall be valid for imports into the
Community. Until that date, such licences shall be             6. Detailed rules for the application of this Article
valid only for imports into the Member State which             shall be adopted in accordance with the procedure
issued them .                                                  laid down in Article 24.
 ---pagebreak---  52                                   Official Journal of the European Communities
                        Article 16                               The restriction of import licences to a specified
                                                                 category of those entitled to receive them shall be one
1 . To the extent necessary for the proper working               of the measures considered as having effect
of the common organisation of the market in                      equivalent to a quantitative restriction .
pigmeat, 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                                            Article IB
prohibit, in whole or in part, the use of inward
processing arrangements in respect of products listed            1 . If by reason of imports or exports the
in Article 1 ( 1 ) which ' are intended for the                  Community market in one or more of the products
manufacture of products listed in that paragraph.                listed in Article 1 ( 1 ) experiences or is threatened
                                                                 with serious disturbances which may endanger the
2. Community provisions to regulate the inward                   objectives set out in Article 39 of the Treaty,
processing trade in the products listed in Article 1 ( 1 )       appropriate measures may be applied in trade with
shall be adopted not later than 1 July 1968 .                    third countries until such disturbances or threat of
                                                                 disturbance has ceased.
3 . Rules to be applied until the provisions
mentioned in paragraph 2 enter into force shall be               The Council, acting in accordance with the voting
adopted in accordance with the procedure referred to             procedure laid down in Article 43 (2) of the Treaty
in paragraph 1 ; they shall apply in respect of:                 on a proposal from the Commission, shall adopt
(a) the rate of yield to be taken when determining               detailed rules for the application of this paragraph
                                                                 and define the cases in which and the limits within
     the quantity of Article 1 ( 1 ) products used in the
     manufacture of processed goods for export;                  which Member States may take protective measures.
(b) the determination, for the purpose of applying               2. If the situation mentioned in paragraph 1 arises,
     the levy, of the quality of products used in the            the Commission shall, at the request of a Member
     manufacture of processed goods put into free                State or on its own initiative, decide upon the
     circulation .
                                                                 necessary     measures;     the    measures    shall  be
                                                                 communicated to the Member States and shall be
4.     For the purposes of this Article 'inward                  immediately applicable. If the Commission receives a .
processing arrangements' means all those provisions              request - from a Member State, it shall take a decision
determining the conditions under which products                  thereon within twenty-four hours following receipt of
from third countries are used within the Community               the request.
in the manufacture of goods for export and enjoy
exemption from the levies applicable to them.                    3.     The measures decided upon by the Commission
                                                                 may be referred to the Council by any Member State
                       Article 17                                within three working days following the day on
                                                                 which they were communicated. The Council shall
1 . The general rules for the interpretation of the              meet without delay. It may amend or repeal the
Common Customs Tariff and the special rules for its              measures in question in accordance with the voting
application shall apply to the tariff classification of          procedure laid down in Article 43 (2) of the Treaty.
products covered by this Regulation ; the tariff
nomenclature resulting from application of this
Regulation shall be incorporated in the Common                                            TITLE III
Customs Tariff from the date on which the latter is
fully applied.
                                                                                     General provisions
2. Save as otherwise provided in this Regulation or
where derogation therefrom is decided by the                                             Article 19
Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the Treaty              1 . The following shall be prohibited in the internal
on a proposal from the Commission, the following                 trade of the Community :
shall be prohibited :
                                                                 — the levying of any customs duty or charge having
— the levying of any customs duty or charge having                    equivalent effect;
    equivalent effect;
                                                                 — any quantitative restriction or measure having
— the application of any quantitative restriction or                  equivalent effect, subject to the provisions of the
    measure having equivalent effect, subject to the                 Protocol on the Grand Duchy of Luxembourg;
    provisions of the Protocol on the Grand Duchy of
    Luxembourg.                                                 — recourse to Article 44 of the Treaty.
 ---pagebreak---                                        Official Journal of the European Communities                                    53
  2.    Goods listed in Article 1 ( 1 ) which are                 3.     The Commission shall adopt measures which
  manufactured or obtained from products to which                 shall apply immediately. However, if these measures
  Article 9 (2) and Article 10 ( 1 ) of the Treaty do not          are not in accordance with the Opinion of the
  apply shall not be admitted to free circulation within           Committee, they shall forthwith be communicated by
  the Community.                                                  the Commission to the Council . In that event the
                                                                  Commission may defer application of the measures
                        Article 20
                                                                  which it has adopted for not more than one month
                                                                  from the date of such communication .
  In order to take account of the restrictions on free
  circulation which may result from the application of            The Council, acting in accordance with the voting
  health protection measures, the Council, acting in              procedure laid down in Article 43 (2) of the Treaty,
  accordance with the voting procedure laid down in               may take a different decision within one month.
  Article 43 (2) of the Treaty on a proposal from the
  Commission, may take measures derogating from the                                      Article 25
 provisions of this Regulation.
                                                                  The Committee may consider any other question
                        Article 21                                referred to it by its Chairman either on his own
                                                                  initiative or at the request of the representative of a
  Save as otherwise provided in this Regulation, Ar­              Member State.
  ticles 92 to 94 of the Treaty shall apply to the
 production of and trade in the products listed in
 Article 1 ( 1 ).                                                                        Article 26
                        Article 22                               At the end of the transitional period, the Council,
                                                                  acting in accordance with the voting procedure laid
 Member        States  and     the   Commission       shall      down in Article 43 (2) of the Treaty on a proposal
 communicate to each other the information necessary             from the Commission, shall decide in the light of
 for implementing this Regulation.                               experience whether to retain or amend the provisions
                                                                 of Article 24 .
 Rules for the communication and distribution of such
 information shall be adopted in accordance with the                                     Article 27
 procedure laid down in Article 24.
                                                                 This Regulation shall be so applied that appropriate
                        Article 23                               account is taken, at the same time, of the objectives
                                                                 set out in Articles 39 and 110 of the Treaty.
 1 . A Management Committee for Pigmeat
 (hereinafter called the ' Committee') shall be
 established, consisting of representatives of Member                                    Article 28
States and presided over by a representative of the
Commission.                                                      The additional amount provided for in Article 13 ( 1 )
                                                                 shall be considered as a levy in relation to third
2.      Within the Committee the votes of Member                 countries within the meaning of Article 11 (4) of
States shall be weighted in accordance with Article              Council Regulation No 130/66/EEC1 of 26 July 1966
 148 (2) of the Treaty. The Chairman shall not vote.             on the financing of the common agricultural policy.
                        Article 24                                                       Article 29
1.      Where the procedure laid down in this Article is        Should Italy have recourse to the provisions of
to be followed, the Chairman shall refer the matter to          Article 23 of Council Regulation No 120/67/EEC2 of
the Committee either on his own initiative or at the            13 June 1967 on the common organisation of the
request of the representative of a Member State.                market in cereals, the Council, acting in accordance
                                                                with the voting procedure laid down in Article 43 (2)
2.     The representative of the Commission shall               of the Treaty on a proposal from the Commission,
submit a draft of the measures to be taken . The                shall take the necessary measures to avoid distortions
Committee shall deliver its Opinion on such                     of competition.
measures within a time-limit to be set by the
Chairman according to the urgency of the questions
under consideration. An Opinion shall be adopted by             1 OJ No 165, 21.9.1966, p. 2965/66.
a majority of twelve votes.                                     2 OJ No 117, 19.6.1967, p. 2269/67.
 ---pagebreak--- 54                                    Official Journal of the European Communities
                        Article 30                               The basic price shall be fixed for the first time for the
                                                                 same period.
1 . In order to offset the differences in feeding costs
between Member States resulting from differences                2.      Should transitional measures be necessary to
between feed-grain prices existing before 1 July 1967,           facilitate the transition from the system provided in
a levy on imports into one Member State from                     Regulation No 20 to that established by this
another Member State shall be charged during the                 Regulation, in particular if the introduction of the
period ending 30 September 1967 in respect of the                new system on the date provided for would give rise
products listed in Article 1 ( 1 ). However, such levy           to substantial difficulties in respect of certain
shall not be charged on imports into . the Federal               products, such measures shall be adopted in
Republic of Germany from the Grand Duchy of                      accordance with the procedure laid down in Article
Luxembourg of the products listed in Article                     24. They shall be applicable until 31 December 1967
1 ( 1 ) (a) and ( b).                                            at the latest.
2.     In order to offset the differences in feeding costs
                                                                                         Article 32
between third countries and Member States whose
feed-grain prices are higher than the common prices,
such differences resulting from differences in such              This Regulation shall enter into force on the day
prices existing before 1 July 1967, a supplementary              following its publication in the Official Journal of the
levy, in addition to the levies set. out in Articles 9 and       European Communities.
40 increased where appropriate in pursuance of
Article 13 , shall be charged during the period ending           The system established by this Regulation shall apply
30 September 1967 on imports from third countries                from 1 July 1967, except for the measures provided
of the products listed in Article 1 ( 1 ).                       for in Article 31 (2 ), which may be made to apply
                                                                 from the date of entry into force of this Regulation .
3.     The Council, acting in accordance with the
voting procedure laid down in Article 43 (2) of the              Regulation No 20 and the provisions adopted in
Treaty on a proposal from the Commission, shall fix              implementation thereof shall be repealed with effect
the amounts of the levies and supplementary levies               from 1 July 1967, except for the provisions of
provided in paragraphs 1 and 2.                                  Regulation No 3/63/EEC1 and the provisions in force
                                                                 on that date fixing an additional amount or relating
                                                                 to the non-fixing of such an amount, to the extent
                        Article 31
                                                                 that such provisions are compatible with this
                                                                 Regulation and the measures adopted in pursuance
                                                                 thereof. Such provisions shall remain in force until
1 . The levy and the sluice-gate price shall be fixed            amended • or repealed in accordance with the
for the first time for the period from 1 July to 31              provisions of this Regulation and the measures
October 1967.                                                     adopted in pursuance thereof.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 13 June 1967
                                                                                    For the Council
                                                                                      The President
                                                                                       Ch . HEGER
                                                                  1 OJ No 14, 29.1.1963, p. 153/63 .