CELEX: 51984PC0020(46)
Language: en
Date: 1984-01-24
Title: PROPOSAL FOR COUNCIL REGULATION ( EEC ) OF AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) N. 1837/80 ON THE COMMON ORGANIZATION OF THE MARKET IN SHEEPMEAT AND GOATMEAT

No C 62/68                           Official Journal of the European Communities                               5. 3. 84
                          Article 2                             It shall apply from 2 April 1984.
This Regulation shall enter into force on the third             This Regulation shall be binding in its entirety and
day following its publication in the Official Journal           directly applicable in all Member States.
 of the European Communities.
              Proposal for a Council Regulation amending for the fourth time Regulation (EEC) No
                    1837/80 on the common organization of the market in sheepmeat and goatmeat
                                                       (84/C 62/44)
THE COUNCIL OF THE EUROPEAN                                     for the new marketing year can be brought into force
COMMUNITIES,                                                    at a time of the year when both the seasonally
                                                                adjusted basic price and, as a rule, the average Com-
Having regard to the Treaty establishing the Euro-              munity market price are on the increase;
pean Economic Community, and in particular
Article 43 thereof,
                                                                Whereas a partial regrouping of the regions referred
Having regard to the proposal from the Commis-                  to in Article 3 (1) would bring together regions
sion,                                                           where lamb production and consumption structures
                                                                are very comparable or which are closely dependent
                                                                on the same trade patterns;
Having regard to the opinion of the European Par-
liament,
                                                                Whereas, apart from the fact that for the reasons
Having regard to the opinion of the Economic and                mentioned above no reference price will be fixed as
Social Committee,                                               from the marketing year beginning in 1984, it would
                                                                seem appropriate to simplify the method of calculat-
Whereas Article 34 of Council Regulation (EEC)                  ing the premium for sheepmeat producers; whereas
No 1837/80 ('), as last amended by Regulation                   the loss of income suffered by producers in a given
(EEC) No 1195/82(2), provided that the Commis-                  region should be calculated from the difference, if
sion was to submit to the Council, before 1 October             any, between the Community basic price and the
1983, a report on the functioning of the common                 arithmetic mean of the market prices recorded in the
organization of the market in this sector; whereas              region concerned; whereas a coefficient represent-
examination of the report submitted by the Com-                 ing the normal average annual level of lamb produc-
mission has indicated that the rules governing this             tion in the region in question should be applied to
sector should be amended;                                       the said loss of income;
Whereas the four-year period referred to in Article 3
(4) (b) of Regulation (EEC) No 1837/80, which was               Whereas, to ensure more effective management and
provided for at the beginning of the common organ-              support of the market, provision should be made for
ization of the market so that production and market-            the regionalization of private storage measures so
ing structures in the various Member States could be            that they are implemented in accordance with rules
gradually adjusted, expires at the end of the 1983/84           similar to those for intervention buying; whereas
marketing year; whereas the fixing of a single refer-           provision should also be made so that the amount of
ence price at a different level from the basic price is         the aid granted may be regionally differentiated;
not justified; whereas no distinction need hence-
forth be made between the reference price and the
basic price;                                                    Whereas the United Kingdom is the only Member
                                                                State which grants the variable slaughter premium
                                                                referred to in Article 9 of Regulation (EEC) No
Whereas, if the beginning of the marketing year is               1837/80; whereas, as a result of supervision difficul-
set at the beginning of the calendar year, the prices           ties, application of this provision was restricted to
                                                                Great Britain as from the beginning of the 1982/83
(')   OJ No L 183, 16. 7. 1980, p. 1.                           marketing year; whereas experience would indicate
(2) OJ No L 140, 20. 5. 1982, p. 22.                            that the provision should not be applied in the other
 ---pagebreak--- 5. 3. 84                                       Official Journal of the European Communities                           No C 62/69
Community regions; whereas, moreover, it has                                  3. The Council, acting by a qualified majority
become necessary to set a ceiling on the unit                                 on a proposal from the Commission, shall fix
amount of the premium inter alia in order to prevent                          seasonally adjusted basic prices to take account
an excessive increase in the cost;                                            of normal seasonal variations on the Com-
                                                                              munity sheepmeat market.
Whereas, in view of the considerable expansion of
intra-Community trade in certain sheepmeat prepar-                            4. Save where a decision to the contrary is
ations, the amount equivalent to the variable prem-                           taken by the Council, acting by a qualified
ium granted, as referred to in Article 9 (3) of Regula-                       majority on a proposal from the Commission,
tion (EEC) No 1837/80, should be charged on the                               the marketing year shall begin on the first
said preparations when they leave the region con-                             Monday in January and shall end on the day
cerned,                                                                       preceding that day in the following year.
                                                                              However, the marketing year beginning in 1984
HAS ADOPTED THIS REGULATION:                                                  shall end on 6 January 1985.
                                                                              5. For the purposes of this Regulation, the
                                Article 1                                     following regions are hereby defined:
Regulation (EEC) No 1837/80 is hereby amended                                 — region 1: Italy and Greece,
as follows:
                                                                              — region 2: Belgium,          Denmark,     Federal
1.   Article 1 (c) is replaced by the following:                                               Republic of Germany,      France,
                                                                                               Luxembourg,
     '(c) 1 6 . 0 2 B I I I b ) 2 a a ) 11):
           Other prepared or preserved meat or meat                           — region 3: Ireland,
           offal containing meat or offal of sheep or
           goats, other than those containing meat or                         — region 4: Northern Ireland,
           offal of domestic swine or bovine animals,
                                                                              — region 5: Great Britain.';
           uncooked; mixtures of cooked meat or offal
           and uncooked meat or offal.
                                                                          3.  Article 4 is replaced by the following:
     (d) 1 6 . 0 2 B I I I b ) 2 a a ) 2 2 ) :
           Other prepared or preserved meat or meat                            'Article 4
           offal containing meat or offal of sheep or
           goats, other than those containing meat or                          1. A price for fresh or chilled sheep carcases
           offal of domestic swine or bovine animals;                         on the representative Comunity markets shall be
           other.';                                                           established on the basis of the prices recorded
                                                                               on the representative market or markets of each
2.   Article 3 is replaced by the following:                                  region or, in the case of regions 1 and 2, of each
                                                                               Member State, for the various categories of
      'Article 3                                                               fresh or chilled sheep carcases, account being
                                                                               taken both of the relative importance of each
      1. In accordance with the procedure laid down                            category and of the relative size of the flock in
     in Article 43 (2) of the Treaty, a basic price shall                      each region or, in the case of regions 1 and 2, in
     be fixed annually, for the following marketing                            each Member State.
     year, for fresh and chilled sheep carcases.
     2. When the basic price is fixed, account shall                            2. Detailed rules for the application of this
     be taken in particular of:                                                 Article, including a definition of "carcase
                                                                                weight", shall be adopted in accordance with
     (a) the situation on the sheepmeat                      market
                                                                                the procedure laid down in Article 26.';
           during the current year;
     (b) the prospects for the production and con-
           sumption of sheepmeat;                                          4.   Article 5 is replaced by the following:
     (c) sheepmeat production costs;                                             'Article 5
     (d) the market situation in the other livestock                            1. To the extent necessary to offset the loss of
           product sectors, particularly the beef and                           income suffered by sheepmeat producers in one
           veal sector;                                                         or more regions during a given marketing year, a
                                                                                premium shall be fixed immediately after the
      (e) past experience.                                                      end of the marketing year in question.
 ---pagebreak--- No C 62/70                       Official Journal of the European Communities                              5. 3. 84
   2. The loss of income referred to in para-                  8. The Council, acting by a qualified majority
   graph 1 shall represent, per 100 kilograms of               on a proposal from the Commission, shall adopt
   carcase weight, any difference there may be                 general rules for the arrangements referred to in
   between the basic price referred to in Article 3            this Article, defining both the producers qualify-
   (1) and the arithmetical mean of the market                 ing for the premium and the ewes eligible.
   prices recorded for each region in accordance               The Council, acting in accordance with the
   with Article 4.                                             same procedure, may provide that the premium
                                                               shall be granted only to producers keeping at
   3. The amount of the premium payable per                    least a certain number of ewes.
   ewe and per region shall be obtained by multi-
   plying the loss of income referred to in para-
   graph 2 by a coefficient representing, for each             9. The Commission, acting in accordance with
   region, the normal average annual production                the procedure laid down in Article 26,
   of lamb meat per ewe expressed per 100 kilo-
   grams of carcase weight.                                    — shall fix, where appropriate, the premium
                                                                    payable per ewe and per region,
   4. If, however, a premium is granted in respect
   of region 2, and if the market price in region 1
   for sheep carcases of a category similar to that            — shall adopt detailed rules for the applica-
   whose price is recorded on representative mar-                   tion of this Article, including rules govern-
   kets in region 2 warrants it, an amount equal to                 ing the submission of applications for the
   the premium payable per ewe in region 2 may,                     premium, supervisory arrangements and the
   at the request of the parties concerned, be                      payment of the premium.
   granted in region 1 provided they submit satis-
   factory evidence to the competent authorities                10. The expenditure incurred under the
   that no lamb born from these ewes will have                  arrangements provided for in this Article shall
   been slaughtered before reaching the age of two              be deemed to form part of intervention for the
   months.                                                      purpose of regularizing agricultural markets.'
    5. In the case of region 5, if the variable prem-
    ium referred to in Article 9 has been applied, the      5.  Article 7 (1) and the first subparagraph of
    weighted average of the variable premiums                   Article 7 (2) are replaced by the following:
    actually granted shall be deducted from the loss
    of income. The weighted average, expressed per
     100 kilograms of carcase weight, shall be                 '1. Where the price established in accordance
    obtained by dividing the total amount of the               with Article 4 is lower than 90 % of the season-
    premiums actually granted by the production                ally adjusted basic price referred to in Article 3
    which gave rise to the payment of those                    (3) and is likely to remain so, the intervention
    premiums.                                                   measures provided for in Article 6 (1) (a) may be
                                                               adopted for the Community as a whole.
                                                               The measures referred to in the first subpara-
   6. To determine the arithmetic mean of the                  graph may be adopted for one or more regions
   market prices referred to in paragraph 2                     of the Community where the price recorded on
                                                                the representative market or markets of one or
   (a) where the intervention measures referred to              more regions is lower than 90 % of the season-
        in Article 6 (1) (b) are applied within a               ally adjusted basic price referred to in Article 3
        region, the market price shall be replaced by           (3) and is likely to remain so in the region or
        the seasonally adjusted intervention price              regions concerned; the intervention measures
        for the period during which buying in actu-             may be regionally differentiated.
        ally takes place;
   (b) where, in region 5, a ceiling is set on the              2. Where, during the period 15 July to
        variable premium pursuant to the second                 15 December of each year, the price established
        subparagraph of Article 9 (2), the market               in accordance with Article 4 is equal to or less
        price shall be replaced by the seasonally               than a seasonally adjusted intervention price
        adjusted guide level minus the variable                 corresponding to 85 % of the seasonally
        premium actually granted.                               adjusted basic price and at the same time the
                                                                price recorded on the representative markets of
   7. The premium shall be paid to the benefici-                a given region is equal to or less than the sea-
   ary according to the number of ewes kept on the              sonally adjusted intervention price or, as the
   farm over a minimum period to be determined                  case may be, the seasonally adjusted derived
   in accordance with the procedure laid down in                intervention price, the intervention measures
   Article 26.                                                  provided for in Article 6 (1) (b) shall, at the
 ---pagebreak--- 5- 3. 84                           Official Journal of the European Communities                           No C 62/71
     request of one or more Member States, be                      deemed to form part of intervention for the pur-
     implemented for the region in question. How-                  pose of regularizing agricultural markets.'
     ever, in the case of regions 1 and 2, such inter-
     vention measures may be implemented for the              7.   Article 10 (1) is replaced by the following:
      Member State or States belonging to those
     regions.'                                                     '1. The Common Customs Tariff rates of duty
                                                                   shall apply to the products listed in Article 1 (b),
6.   Article 9 is replaced by the following:                       (c) and (d).'
      'Article 9
                                                                    ,                   Article 2
      1. In so far as the measures provided for in
     Article 6 (1) (b) are not applied in region 5, the        1. The Commission shall submit to the Council,
     United Kingdom may grant within that region a            before 1 October 1988, a second report on the func-
     premium for the slaughter of sheep where the             tioning of the common organization of the market
     prices recorded on the representative markets in         and, in particular, on the intervention and premium
     the region are below a "guide level" corres-             systems, in order to enable the Council to re-exam-
     ponding to 85 % of the basic price referred to in        ine these systems and, acting by a qualified majority
     Article 3 (1). The guide level referred to in the        on a proposal from the Commission before 1 April
     first subparagraph shall be seasonally adjusted           1989, to take appropriate measures if required.
     in the same way as the basic price.
                                                              2. The Commission's report must take account of
     2. The amount of the premium referred to in              the following:
     paragraph 1 shall be equal to the difference
     between the seasonally adjusted guide level and         — the market trend and the trend in the incomes of
     the market price recorded in the region con-                  sheepmeat producers in the Community and in
     cerned.                                                       each of the Member States,
     However, at no time may the amount referred to
     in the first subparagraph exceed a percentage of        — the trend in imports from non-member coun-
     the guide level which the Council shall fix                   tries,
     annually for the following marketing year in
     accordance with the procedure laid down in              — the effect of this trend on the Community
     Article 43 (2) of the Treaty.                                 budget.
     3. Should the premium referred to in para-                                        Article 3
     graph 1 be paid in region 5, the Commission
     shall take the necessary measures to ensure that
     an amount equivalent to the premium actually             The Annex headed 'Common Customs Tariff to
     granted is charged on all products as referred to        Regulation (EEC) No 950/68 shall be amended in
     in Article 1 (a) and (c) when they leave the             accordance with the Annex to this Regulation.
     region concerned.
                                                                                       Article 4
     4. The Commission, acting in accordance with
     the procedure laid down in Article 26, shall            This Regulation shall enter into force on the third
     adopt detailed rules for the application of this         day following its publication in the Official Journal
     Article. Such rules may provide, in particular,          of the European Communities.
     for the measures necessary to prevent any dis-
     turbance of trade in livestock, meat or prepared
     products resulting from the application of the           It shall apply from the beginning of the marketing
     premium referred to in paragraph 1.                      year commencing in 1984.
      5. Expenditure incurred under the arrange-              This Regulation shall be binding in its entirety and
      ments provided for in this Article shall be             directly applicable in all Member States.
 ---pagebreak--- No C 62/72                          Official Journal of the European Communities                                        5. 3. 84
                                                           ANNEX
                                The Common Customs Tariff is hereby amended as follows:
1. Subheading 16.02 B III b) 2 aa) is replaced by the following:
                                                                                                         Rate of duty
       'Heading                                     Description
        number                                                                                Autonomous %       Conventional
                                                                                                or levy (L)             %
         16.02      Other prepared or preserved meat or meat offal:
                    B. (unchanged)
                         III. (unchanged)
                              a) (unchanged)
                              b) (unchanged)
                                  1. (unchanged)
                                  2. (unchanged)
                                       aa) (unchanged)
                                            11. Uncooked; mixtures of cooked meat or offal
                                                and uncooked meat or offal                           20                (a)
                                           22. Other                                                 20                (a)'
   (a) See Annex.
2. In the Annex the following text is inserted under subheading 16.02:
                                                           ANNEX
                                                                                                                 Rate of conven-
       'Heading                                              Description                                           tional duty
        number                                                                                                          %
         16.02       Other prepared or preserved meat or meat offal:
                     B. Other:
                         III. Other:
                              b) Other:
                                  2. Other:
                                       aa) Of sheep or goats
                                            11. Uncooked; mixtures of cooked meat or offal and uncooked
                                                meat or offal
                                                — Of sheep                                                              20
                                                — Of goats                                                              26
                                            22. Other
                                                — Of sheep                                                              20
                                                — Of goats                                                              26'