CELEX: 51989PC0040(38)
Language: en
Date: 1989-01-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 2759/75 ON THE COMMON ORGANIZATION OF THE MARKET IN PIGMEAT

No C 82/46                                Official Journal of the European Communities                                      3. 4. 89
                                                            Proposal for a
                                              COUNCIL REGULATION (EEC) No ...
                                                                 of...
                     amending Regulation (EEC) No 2759/75 on the common organization of the market
                                                              in pigmeat
                                                             (89/C 82/38)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              HAS ADOPTED THIS REGULATION:
 Having regard to the Treaty establishing the European                                             Article 1
Economic Community, and in particular Article 43 thereof,
                                                                       Regulation (EEC) No 2759/75 is hereby amended as
                                                                       follows:
Having regard to the proposal from the Commission,
                                                                       1. Article 1(2) is deleted.
Having regard to the opinion of the European Parliament,
                                                                       2. Article 4(1) is amended to read:
Having regard to the opinion of the Economic and Social                    ' 1 . Each year, a basic price valid from 1 July of the
Committee,                                                                 same year shall be fixed for meat of domestic swine in
                                                                           carcases or half-carcases, hereinafter called "slaug-
                                                                          htered pigs", of a standard quality defined with
Whereas Article 4 of Council Regulation (EEC) No 2759/                    reference to a Community scale for grading pig
75 ( ! ), as last amended by Regulation (EEC) No 3906/                    carcases.
87 (2), stipulates that a basic price for slaughtered pigs valid
from 1 November of each year is to be fixed; whereas feed                 When the basic price is being fixed account shall be
grain costs are the principal component of the cost of                    taken of:
production of slaughtered pigs; whereas, because of this
close dependence the basic price should come into effect on               — the sluice-gate price and the levy applicable during
the same date as the grain marketing year begins; whereas                       the quarter beginning on 1 July of that year, and
in fixing the basic price, account is taken of the sluice-gate
price and the levy applicable in the pigmeat sector and                   — the need to fix this price at a level which contributes
whereas, therefore, the dates on which these come into                          towards stabilizing market prices without, however,
effect must also be changed;                                                    leading to the formation of structural surpluses
                                                                                within the Community.'
Whereas Article 4(2) of Regulation (EEC) No 2759/75                    3. Article 4(5) and (6) are replaced by the following:
provides for determination of the Community market price
of slaughtered pigs from prices recorded on the representat-              '5. The Council, acting by a qualified majority on a
ive markets; whereas Article 4(5) of that Regulation states               proposal from the Commission, shall lay down the
that the list of representative markets is to be adopted by               Community scale for grading pig carcases.
the Council acting by a qualified majority; whereas given
the purely technical nature of this matter and the frequent               6. The procedure laid down in Article 24 shall apply
need for changes the procedure provided for in Article 24 of              for the purposes of:
Regulation (EEC) No 2759/75 would be more appropriate;
                                                                          — deciding to take intervention measures and the date
                                                                                on which they shall cease to apply,
Whereas when the tariff and statistical nomenclature and
the common customs tariff established by Council                          — adopting the list of representative markets,
Regulation (EEC) No 2658/87 (3) were introduced into
Regulation (EEC) No 2759/75, by Regulation (EEC) No                       — adopting detailed rules for the application of this
3906/87, two products bound under GATT that should                              Article'.
have been listed in Article 10(3) of Regulation (EEC) No
2759/75 were omitted; whereas this mistake should be                   4. Article 9(1) is replaced by the following:
corrected,
                                                                          ' 1.    The levy on slaughtered pigs shall be composed of:
(!) OJ No L 282, 1. 11. 1975, p. 1.                                       (a) one component equal to the difference between
(2) OJ No L 370, 30. 12. 1987, p. 11.                                           prices within the Community and on the world
(3) OJ No L 256, 7. 9. 1987, p. 1.                                              market for the quantity of feed grain required for the
 ---pagebreak--- 3. 4. 89                                 Official Journal of the European Communities                               No C 82/47
       production in the Community of one kilogram of                   (b) a second component equal to 7 % of the average
       pigmeat.                                                             offer price determined on the basis of imports
                                                                            effected during the 12 months preceding 1 April of
       The prices for feed grain within the Community                       each year. However, for products falling under
       shall be determined once a year for a period of 12                   combined nomenclature headings ex 1602 and ex
       months beginning on 1 July, on the basis of the                      1902 the aforesaid percentage shall be 10.
       threshold prices and the monthly increases therein.
       They shall be used for fixing the levy from 1 July                   This component shall be calculated once a year for
       each year.                                                           the 12-month period beginning on 1 July.
       The prices for feed grain on the world market shall              3. Notwithstanding paragraphs 1 and 2, for products
       be determined quarterly on the basis of prices for               falling under CN codes 0206 30 21, 0206 30 31,
       such grain recorded for the five month period ending             0206 4 1 9 1 , 0206 49 91, 150100 11, 160100 10,
       one month before the beginning of the quarter for                1602 10 00, 1602 20 90 and 1602 90 10 for which the
       which the said component is calculated.                          rate of duty has been bound within GATT, the levies
                                                                        shall be limited to the amount resulting from that
       However, when the levies applicable from 1                       binding.'
       October, 1 January and 1 April are being fixed,
       trends in world market prices for feed grain shall be
       taken into account only if at the same time a new            6. The last subparagraph of Article 12(2) is replaced by the
       sluice-gate price is being fixed;                                following :
   (b) one component equal to 7 % of the average of the                 'However, when the sluice-gate price applicable from 1
       sluice-gate prices ruling for the four quarters                  October, 1 January and 1 April is being fixed, trends in
       preceding 1 April of each year.                                  world market prices for feed grain shall be taken into
                                                                        account only if the value of the quantity of feed grain
                                                                        varies by at least a specified minimum from that used for
       This component shall be calculated once a year for a             calculation of the sluice-gate price for the preceding
       period of 12 months beginning on 1 July.'                        quarter'.
5. Article 10(2) and (3) are replaced by the following:
                                                                                                Article 2
   '2. As regards the products listed in Article l(l)(c) the
   levy shall be equal to the sum of the following
   components:                                                      This Regulation shall enter into force on the third day
                                                                    following its publication in the Official Journal of the
   (a) one component derived from the levy on pig carcases          European Communities.
       on the basis of the ratio within the Community of the
       prices for such products to the price for pig carcases;      It shall apply from 1 July 1989.
              This Regulation shall be binding in its entirety md directly applicable in all Member States.
              Done at...
                                                                                      For the Council