31967R0123

Official Journal of the European Communities 63

19.6.67 OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES 2301/67

REGULATION No 123/67/EEC OF THE COUNCIL of 13 June 1967 on the common organisation of the market in poultrymeat

THE COUNCIL OF THE EUROPEAN ECONOMIC Whereas the creation of a single market for poultry­ COMMUNITY, meat involves the introduction of a single trading sys­ tem at the external frontiers of the Community, this system to include levies and export refunds ; Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof; Whereas to achieve this aim it should as a general rule be sufficient to introduce, in respect of imports Having regard to the proposal from the Commission ; from third Countries, levies which take account of the incidence on feeding costs of the difference be­ Having regard to the Opinion of the European Par­ tween prices for feed grain within the Community liament1 ; and on the world market, and of the need to protect the Community processing industry; Whereas the operation and development of the com­ mon market in agricultural products must be accom­ Whereas it is necessary to avoid disturbances on the panied by the establishment of a common agricultural Community market caused by offers made on the policy to include in particular a common organis­ world market at abnormally low prices ; whereas to ation of agricultural markets which may take various this end sluice-gate prices should be fixed and levies forms depending on the product; should be increased by an additional amount when free-at-frontier offer prices are lower than these Whereas Regulation No 222 provided that the com­ prices ; mon organisation of the market in poultrymeat should be established progressively from 1962 ; Whereas provision for granting a refund on exports whereas the main feature of the market organisation to third countries equal to the difference between thus established is a system of levies to be applied in trade between Member States and with third coun­ prices within the Community and on the world mar­ ket would serve to safeguard Community partici­ tries, calculated with particular reference to prices for pation in international trade in poultrymeat ; feed grain ;

Whereas' the introduction on 1 July 1967 of a single Whereas , in addition to the system described above, price system for cereals within the Community leads and to the extent necessary for its proper working, to the establishment of a single market in poultry­ provision should be made for regulating or, when the meat on that date; situation on the market so requires, prohibiting the use of 'inward processing arrangements'; Whereas the aim of the common agricultural policy is to attain the objectives set out in Article 39 of the Whereas the levy system makes it possible to dispense Treaty ; whereas, in the poultrymeat sector, in order with all other protective measures at the external to stabilise markets and to ensure a fair standard of frontiers of the Community; whereas, however, the living for the agricultural community concerned, pro­ levy machinery may, in exceptional circumstances, vision should be made for measures to facilitate the prove defective ; whereas, in such cases, so as not to adjustment of supply to market requirements ; leave the Community market without defence against disturbances which may arise therefrom after the im­ port barriers which existed priviously have been re­ 1 OJ No 103, 2.6.1967, p. 2084/67. moved, the Community should be enabled to take all 2 OJ No 30, 20.4.1962, p. 959/62. necessary measures without delay;

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Whereas the establishment of a single market in CCT poultrymeat involves the removal at the internal heading Description of goods No frontiers of the Community of all obstacles to the free movement of the goods in question ; ( a) 01.05 Live poultry, that is to say, fowls, ducks, geese, turkeys and guinea fowls Whereas the establishment of a single market would be jeopardised by the granting of certain aids ; (b ) 02.02 Dead poultry (that is to say, fowls, whereas, therefore, the provisions of the Treaty which ducks, geese, turkeys and guinea allow the assessment of aids granted by Member fowls) and edible offals thereof (ex­ States and the prohibition of those which are incom­ cept liver), fresh, chilled or frozen patible with the common market should be made to apply to poultrymeat; • (c) 02.03 Poultry liver, fresh, chilled, frozen, salted or in brine Whereas the transition from the system provided in Regulation No 22 to that established by this Regu­ (d) ex 02.05 Unrendered poultry fat, fresh, chilled, lation should be effected as smoothly as possible; frozen, salted, in brine, dried or whereas products marketed during the first weeks smoked following the date on which this Regulation begins to apply will have been obtained from cereals purchased (e) 15.01 B Rendered poultry fat at the national prices ruling in the producing country before that date and differing from the common prices ; whereas, therefore, the production costs of (f) ex 16.02 B I Other prepared or preserved poultry­ meat or poultry offal such products will still be influenced by differences between the national prices for cereals ruling before that date, and between these prices and the common prices ; whereas differences in production costs may lead to certain disturbances in trade between Member 2. For the purposes of this Regulation : States and with third countries ; whereas, in order to avoid such disturbances, provision should be made (a) 'live poultry' means live fowls, ducks, geese, tur­ for intra-Community levies and supplementary levies keys and guinea fowls each weighing more than in respect of third countries on imports of the prod­ 185 grammes ; ucts in question for a certain transitional period; whereas, moreover, other transitional measures may ( b ) 'chicks' means live fowls, ducks, geese, turkeys prove necessary to facilitate the transition from the and guinea fowls each weighing not more than system provided in Regulation No 22 to the system 185 grammes ; established by this Regulation ;

(c) 'slaughtered poultry' means dead fowls, ducks, Whereas , the common organisation of the market in geese, turkeys and guinea fowls, whole, with or poultrymeat must take appropriate account, at the . without offal ; same time, of the objectives set out in Articles 39 and 110 of the Treaty ; (d) 'derived products' means the following :

( 1 ) products specified in paragraph 1 (a), exlud- s Whereas, in order to facilitate implementation of the ing chicks ; proposed measures, a procedure should be provided for establishing close co-operation between Member (2) products specified in paragraph 1 (b), exclud­ States and the Commission within a Management ing slaughtered poultry and edible offals, Committee; known as 'poultry cuts'; (3 ) edible offals specified in paragraph 1 (b);

(4) products specified in paragraph 1 (c); HAS ADOPTED THIS REGULATION : (5 ) products specified in paragraph 1 (d) and (e);

(6) products specified in paragraph 1 (f); Article 1 (e) a 'quarter' means a period of three months begin­ 1 . The common organisation of the market in ning 1 February, 1 May, 1 August or 1 Novem­ poultrymeat shall cover the following products : ber.

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Article 2 The prices for feed grain within the Community shall be determined once a year for a period of 1 . In order to encourage action by trade and joint twelve months beginning 1 August, on the basis trade organisations to facilitate the adjustment of of the threshold prices for such grain and the supply to market requirements, with the exception of monthly increase thereof. action relating to withdrawal from the market, the The prices for feed grain on the world market following Community measures may be taken in re­ shall be determined quarterly on the basis of the spect of the products listed in Article 1(1 ): prices for such grain for the six months preceding — measures to promote better organisation of pro­ the quarter during which the said component is duction, processing and marketing; calculated.

— measures to improve quality ; However, when the levies applicable from 1 November, 1 February and 1 May are being — measures to permit the establishment of short­ fixed, trends in world market prices for feed and long-term forecasts on the basis of the means grain shall be taken into account only if at the of production used; time a new sluice-gate price is being fixed. — measures to facilitate the recording of market price trends . (b) one component equal to 7% of the average of the sluice-gate prices ruling for the four quarters General rules concerning these measures shall be preceding 1 May of each year. adopted in accordance with the procedure laid down in Article 43 (2) of the Treaty. This component shall be calculated once a year for a period of twelve months beginning 1 Au­ gust. 2. Marketing standards :

— shall be adopted for one or more of the products 2 . The levy on chicks shall be calculated in the listed in Article 1 ( 1 ) (b); same way as the levy on slaughtered poultry. However, the quantity of feed grain to be used shall — may be adopted for the products listed in Article be that required for the production in the Community 1 ( 1 ) ( a), (c), (d), (e) and (f). of one chick; the sluice-gate price shall be that ap­ plicable to chicks. These standards may relate in particular to grading by quality and weight, packaging, storage, transport, 3 . The Council, acting in accordance with the vot­ presentation and marking. ing procedure laid down in Article 43 (2) of the Standards, their scope and the general rules for their Treaty on a proposal from the Commission, shall : application shall be adopted by the Council, acting in — determine the quantity of feed grain, varied ac­ accordance with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the cording to kind of poultry, which is required for Commission . the production of one kilogramme of slaughtered poultry and the quantity of feed grain required for the production of one chidc, and the percent­ Article 3 ages of the various feed grains included in these quantities ; A levy, fixed in advance for each quarter in accord­ — adopt rules for the application of this Article. ance with the procedure laid down in Article 17, shall be charged on imports into the Community of the products listed in Article 1 ( 1 ). Article 5

Article 4 1 . As regards the products listed in Article 1 (2) (d)-, the levy shall be derived from the levy on slaugh­ tered poultry, on the basis of the weight ratio of these 1 . The levy on slaughtered poultry shall be com­ various products to slaughtered poultry and, where posed of: necessary, of the average ratio between their market values . (a) one component equal to the difference between prices within the Community and on the world market for the quantity of feed grain, varied ac­ 2. By way of derogation from the provisions of cording to kind of poultry, which is required for paragraph 1 , for products falling within Common the production in the Community of one kilo­ Customs Tariff headings Nos 02.03 , 15.01 B and ex gramme of slaughtered poultry. 16.02 B I, in respect of which the rate of duty has

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been bound within GATT, the levies shall be limited tity of feed grain on the world market shall be the to the amount resulting from that binding. price for the quantity required for the production in third countries of one chick and the standard amount shall be the amount representing other feeding costs 3 . The coefficients expressing the ratios mentioned and overhead costs of production and marketing in in paragraph 1 shall be fixed in accordance with the respect of one chick. The quantity of feed grain and procedure laid down in Article 17. The information the standard amount are not varied according to used in fixing the coefficients shall be reconsidered at kind . least once a year. 4. As regards the products listed in Article 1 (2) Article 6 (d), the sluice-gate prices shall be derived from the sluice-gate price for slaughtered poultry on the basis of the coefficients fixed for such products under When a substantial price rise is recorded on the Com­ Article 5 (3 ). munity market and this situation is likely to continue, thereby disturbing or threatening to disturb the mar­ ket, the necessary measures may be taken. 5 . The Council, acting in accordance with the vot­ ing procedure laid down in Article 43 (2) of the The Council, acting in accordance with the voting Treaty on a proposal from the Commission, shall procedure laid down in Article 43 (2) of the Treaty adopt rules for the application of this Article. on a proposal from the Commission, shall adopt gen­ eral rules for the application of this Article. Article 8

Article 7 1 . Where the free-at-frontier offer price for a prod­ uct falls below the sluice-gate price, the levy on that product shall be increased by an additional amount 1 . Sluice-gate prices shall be fixed in advance for . equal to the difference between the sluice-gate price each quarter in accordance with the procedure laid down in Article 17. and the free-at-frontier offer price.

2 . However, the levy shall not be increased by this 2 . The sluice-gate price for slaughtered poultry additional amount as regards third countries which shall be composed of: are prepared and in a position to guarantee that the ( a) an amount equal to the price on the world mar­ price for imports into the Community of products ket for the quantity of feed grain, varied accord­ originating in and coming from their territory will not ing to kind of poultry, which is required for the be lower than the sluice-gate price for the product in production in third countries of one kilogramme question and that any deflection of trade will be of slaughtered poultry; avoided .

(b) a standard amount representing other feeding 3 . The free-at-frontier offer price shall be deter­ costs and overhead costs of production and mar­ mined for all imports from all third countries. keting, varied according to kind of poultry. However, if exports from one or more third countries The price for the quantity of feed grain on the world are effected at abnormally low prices, lower than the market shall be determined quarterly on the basis of prices ruling in other third countries, a second the prices for such grain for the six months preceding free-at-frontier offer price shall be determined for ex­ the quarter during which the sluice-gate price is fixed . ports from these other countries.

4. Detailed rules for the application of this Article However, when the sluice-gate price applicable from shall be adopted > in accordance with the procedure 1 November, 1 February and 1 May is being fixed, laid down in Article 17. trends in world market prices for feed grain shall be taken into account only if the price of the quantity of The additional amounts shall be fixed, where neces­ feed grain shows a minimum variation from that used sary, in accordance with the same procedure. in calculating the sluice-gate price for the preceding quarter. The information used in fixing the standard Article 9 amount mentioned in (b) shall be reconsidered at least once a year. 1 . To the extent necessary to enable the products listed in Article 1 ( 1 ) to be exported on the basis of 3 . The sluice-gate price for chicks shall be calcu­ prices for those products on the world market, the lated in the same way as the sluice-gate price for difference between those prices and prices within the slaughtered poultry; however, the price for the quan­ Community may be covered by an export refund .

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2 . The refund shall be the same for the whole 4. For the purposes of this Article 'inward process­ Community. It may be varied according to use or ing arrangements' means all those provisions deter­ destination . mining the conditions under which products from third countries are used within the Community in the The refund shall be granted on application by the manufacture of goods for export and enjoy exemp­ party concerned . tion from the levies applicable to them.

When the refund is being fixed particular account Article 11 shall be taken of the need to establish a balance be­ tween the use of Community basic products in the 1 . The general rules for the interpretation of the manufacture of processed goods for export to third Common Customs Tariff and the special rules for its countries and the use of third country products application shall apply to the tariff classification of brought in under inward processing arrangements. products covered by this Regulation ; the tariff no­ menclature resulting from application of this Regu­ The Council, acting in accordance with the voting lation shall be incorporated in the Common Customs procedure laid down in Article 43 (2) of the Treaty Tariff from the date on which the latter is fully ap­ on a proposal from the Commission, shall adopt gen­ plied. eral rules for granting export refunds and criteria for fixing the amount of such refunds. 2. Save as otherwise provided in this Regulation or where derogation therefrom is decided by the Coun­ Refunds shall be fixed at regular intervals in accord­ cil, acting in accordance with the voting procedure ance with the procedure laid down in Article 17. laid down in Article 43 (2) of the Treaty on a pro­ Where necessary the Commission may, at the request posal from the Commission, the following shall be of a Member State or on its own initiative, alter the prohibited: refunds in the intervening period. — the levying of any customs duty or charge having equivalent effect; 3 . Detailed rules for the application of this Article shall be adopted in accordance with the procedure — the application of any quantitative restriction or laid down in Article 17. measure having equivalent effect, subject to the provisions of the Protocol on the Grand Duchy of Luxembourg. Article 10 The restriction of import or export licences to a speci­ 1 . To the extent necessary for the proper working fied category of those entitled to receive them shall of the common organisation of the market in poultry­ be one of the measures considered as having effect meat, the Council, acting in accordance with the equivalent to a quantitative restriction. voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, may prohibit, in whole or in part, the use of inward pro­ Article 12 cessing arrangements in respect of products listed in Article 1 ( 1 ) which are intended for the manufacture 1 . If by reason of imports or exports the Com­ of products listed in that paragraph. munity market in one or more of the products listed in Article 1 ( 1 ) experiences or is threatened with serious disturbances which may endanger the ob­ 2. Community provisions to regulate the inward processing trade in the products listed in Article 1 ( 1 ) jectives set out in Article 39 of the Treaty, appropriate measures may be applied in trade with third countries shall be adopted not later than 1 July 1968 . until such disturbance or threat of disturbance has ceased . 3 . Rules to be applied until the provisions men­ tioned 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 de­ tailed rules for the application of this paragraph and ( a) the rate of yield to be taken when determining define the cases in which and the limits within which the quantity of Article 1 (1 ) products used in the Member States may take protective measures. manufacture of processed goods for export; (b) the determination, for the purpose of applying 2. If the situation mentioned in paragraph 1 arises, the levy, of the quantity of products used in the the Commission shall, at the request of a Member manufacture of processed goods put into free cir­ State or on its own initiative, decide upon the neces­ culation . sary measures ; the measures shall be communicated

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to the Member States and shall be immediately appli­ 2 . "Within the Committee the votes of Member cable. If the Commission receives a request from a States shall be weighted in accordance with Article Member State, it shall take a decision thereon within 148 (2) of the Treaty. The Chairman shall not vote. twenty-four hours following receipt of the request.

3 . The measures decided upon by the Commission Article 17 may be referred to the Council by any Member State within three working days following the day on 1 . "Where the procedure laid down in this Article is -which they were communicated. The Council shall to be followed, the Chairman, shall refer the matter to meet without delay. It may amend or repeal the the Committee either on his own initiative or at the measures in question in accordance with the voting request of the representative of a Member State. procedure laid down in Article 43 (2) of the Treaty. 2. ' The representative of the Commission shall sub­ mit a draft of the measures to be taken . The Com­ Article 13 mittee shall deliver its Opinion on such measures within a time-limit to be set by the Chairman accord­ 1 . The following shall be prohibited in the internal ing to the urgency of the questions under consider­ trade of the Community : ation. An Opinion shall be adopted by a majority of twelve votes . — the levying of any customs duty or charge having equivalent effect; 3 . The Commission shall adopt measures which ■— any quantitative restriction or measure having shall apply immediately. However, if these measures equivalent effect, subject to the provisions of the are not in accordance with the Opinion of the Com­ Protocol on the Grand Duchy of Luxembourg ; mittee, they shall forthwith be communicated by the Commission to the Council . In that event the Com­ — recourse to Article 44 of the Treaty. mission may defer application of the measures which it has adopted for not more than one month from the 2 . Goods listed in Article 1 ( 1 ) which are manu­ date of such communication. factured or obtained from products to which Article 9 (2) and Article 10 ( 1 ) of the Treaty do not apply The Council, acting in accordance with the voting shall not be admitted to free circulation within the procedure laid down in Article 43 (2) of the Treaty, Community. may take a different decision within one month.

Article 14 Article 18 Save as otherwise provided in this Regulation, Articles 92 to 94 of the Treaty shall apply to ' the The Committee may consider any other question re­ ferred to it by its Chairman either on his own initia­ production of and trade in the products listed in Article 1 ( 1 ). tive or at the request of the representative of a Mem­ ber State.

Article 15 Article 19 Member States and the Commission shall communi­ cate to each other the information necessary for im­ At the end of the transitional period, the Council, plementing this Regulation. Rules for the communi­ acting in accordance with the voting procedure laid cation and distribution of such information shall be •down in Article 43 (2) of the Treaty on a proposal adopted in accordance with the procedure laid down from the Commission, shall" decide in the light of ex­ in Article 17. perience whether to retain or amend the provisions of Article 17. Article 16

Article 20 1 . A Management Committee for Poultrymeat and Eggs (hereinafter called the 'Committee') shall be es­ tablished, consisting of representatives of Member This Regulation shall be so applied that appropriate States and presided over by a representative of the account is taken, at the same time, of the objectives Commission . set out in Articles 39 and 110 of the Treaty.

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Article 21 Article 24

The additional amount provided for in Article 8 shall Should transitional measures be necessary to facilitate be considered as a levy in relation to third countries the transition from the system provided in Regulation within the meaning of Article 11 (4) of Council No 22 to that established by this Regulation, in par­ Regulation No 130/66/EEC1 of 26 July 1966 on the ticular if the introduction of the new system on the financing of the common agricultural policy. date provided for would give rise to substantial diffi­ culties in respect of certain products, such measures Article 22 shall be adopted in accordance with the procedure laid down in Article 17. They shall be applicable un­ Should Italy have recourse to the provisions of til 31 December 1967 at the latest. Article 23 of Council Regulation No 120/67/EEC2 of 13 June 1967 on the common organisation of the market in cereals, the Council, acting in accordance Article 25 with the voting procedure laid down in Article 43 (2) of the Treaty on a proposal from the Commission, shall take the necessary measures to avoid distortions The levy and the sluice-gate price shall be fixed for of competition. the first time for the period from 1 July to 31 Octo­ ber 1967 .

Article 23

1 . In order to offset the differences in feeding costs Article 26 between Member States resulting from differences be­ tween feed-grain prices existing before 1 July 1967, a This Regulation shall enter into force on the day fol­ levy on imports into one Member State from another lowing its publication in the Official Journal of the Member State shall be charged during the period European Communities . ending 13 August 1967 in respect of the products listed in Article 1 ( 1). The system established by this Regulation shall apply from 1 July 1967, except for the measures provided 2. In order to offset the differences in feeding costs between third countries and Member States for in Article 24 which may be made to apply from the date of entry into force of this Regulation. whose feed-grain prices are higher than the common prices, such differences resulting from differences in such prices existing before 1 July 1967, a supplemen­ Regulation No 22 and the provisions adopted in im­ tary levy, in addition to the levies set out in Articles 4 plementation thereof shall be repealed with effect and 5 increased where appropriate in pursuance of from 1 July 1967, except for the provisions of Regu­ Article 8, shall be charged during the period ending lation No 3/63/EEC3 and the provisions in force on 13 August 1967 on imports from third countries of that date fixing an additional amount or relating to the products listed in Article 1 ( 1 ). the non-fixing of such an amount, to the extent that such provisions are compatible with this Regulation 3 . The Council, acting in accordance with the and the measures adopted in pursuance thereof. Such voting procedure laid down in Article 43 (2) of the provisions shall remain in force until amended or re­ Treaty on a proposal from the Commission, shall fix pealed in accordance with the provisions of this the amounts of the levies and supplementary levies Regulation and the measures adopted in pursuance provided in paragraphs 1 and 2 . 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 . HÉGER

1 OJ No 165, 21.9.1966, p. 2965/66. 2 OJ No 117, 19.6.1967, p. 2269/67. 3 OJ No 14, 29.1.1963, p. 153/63 .