1968R0827 — EN — 01.07.2005 — 003.001

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Amended by:





Amended by:

A1 Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994 (adapted by Council Decision 95/1/EC, Euratom, ECSC) L 001 1 ..





Corrected by:









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REGULATION (EEC) No 827/68 OF THE COUNCIL

of 28 June 1968

on the common organisation of the market in certain products listed in Annex II to the Treaty







THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof; Having regard to the proposal from the Commission; Having regard to the Opinion of the European Parliament; Whereas a common organisation of the market, involving a special system of rules has been established or is shortly to be established for many of the products listed in Annex II the Treaty; whereas appropriate provisions must also be adopted, within the framework of a common organisation of markets, so as to permit the establishment of a single market for all the other products listed in that Annex; Whereas the establishment of this single market entails the introduction of a single trading system at the external frontiers of the Community; whereas the essence of this system may be expressed as the integral application of the Common Customs Tariff and the liberalisation of trade; Whereas, however, in exceptional circumstances, the protection resulting from application of the Common Customs Tariff may prove defective; whereas, in such cases, so as not to leave the Community market without defence against disturbances which may arise therefrom after the import barriers which existed previously have been abolished, the Community should be enabled to take all necessary measures without delay; Whereas the establishment of a single market for all the products in question involves the removal at the internal frontiers of the Community of all obstacles to the free movement of these goods; Whereas the establishment of this single market would be jeopardised by the granting of certain aids; whereas, therefore, the provisions of the Treaty, which allow the assessment of aids granted by Member States and the prohibition of those which are incompatible with the common market, should be made to apply to the products covered by this Regulation; Whereas, in order to facilitate implementation of the proposed measures, a procedure should be provided for establishing close co-operation between Member States and the Commission within a Management Committee; Whereas the transition from the system in force in Member States to that established by this Regulation should be effected as smoothly as possible; whereas, to that end, transitional measures may prove necessary; Whereas the common organisation of the market in the products covered by this Regulation must take appropriate account, at the same time, of the objectives set out in Articles 39 and 110 of the Treaty; HAS ADOPTED THIS REGULATION:







Article 1

The common organisation of the market established by this Regulation shall cover the products listed in the Annex.

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Article 2

1. Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in the Annex.

2. The general rules for the interpretation of the combined nomenclature and the special rules for its application shall apply to the classification of products covered by this Regulation; the tariff nomenclature resulting from the application of this Regulation shall be incorporated in the Common Customs Tariff.

3. Save as otherwise provide for in this Regulation or in provisions adopted pursuant thereto and subject to the obligations arising from international agreements concerning the products listed in the Annex, the following shall be prohibited in trade with third countries:

— the levying of any charge having equivalent effect to a customs duty,

— the application of any quantitative restriction or measure having equivalent effect.

Article 3

1. If, by reason of imports or exports, the Community market in one or more of the products listed in the Annex is affected by, or is threatened with, serious disturbance likely to jeopardize the achievement of the objectives set out in Article 39 of the Treaty, appropriate measures may be applied in trade with third countries until such disturbance or threat of disturbance has ceased.

The Council, acting on a proposal from the Commission in accordance with the voting procedure laid down in Article 43 (2) of the Treaty, shall adopt the general rules for the application of this paragraph and shall define in what cases and within what limits Member States may take protective measures.

2. If the situation referred to in paragraph 1 arises, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures; the Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, is shall take a decision thereon within three working days following receipt of the request.

3. Measures decided upon by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or annul the measure in question.

4. This Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 228 (2) of the Treaty.

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Article 4

1. The following shall be prohibited in the internal trade of the Community:

— the levying of any customs duty or charge having equivalent effect;

— any quantitative restriction or measure having equivalent effect, subject to the provisions of the Protocol on the Grand Duchy of Luxembourg;

— recourse to Article 44 of the Treaty.

2. The goods listed in the Annex which are manufactured or obtained from products which are not in the situation specified in Article 9 (2) and Article 10 (1) of the Treaty, shall not be admitted to free circulation within the Community.

Article 5

Articles 92, 93 and 94 of the Treaty shall apply to the production of and trade in the products listed in the Annex.

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Nevertheless, subject to Commission authorization, aids for the production and marketing of reindeer and reindeer products (CN ex02 08 and ex02 10) may be granted by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.

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Article 6

Where reference is made to this Article, measures shall be adopted in accordance with the procedures laid down in Article 38 of Regulation No 136/66/EEC and the corresponding Articles of the other regulations on the common organization of agricultural markets.

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Article 7

This Regulation shall be so applied that appropriate account is taken, at the same time, of the objectives set out in Articles 39 and 110 of the Treaty.

Article 8

This Regulation shall apply without prejudice to the Community provisions adopted or to be adopted with a view to harmonising the laws, regulations and administrative action of Member States the purpose of which is to maintain or improve the technical or genetic level of the production of certain products listed in the Annex and intended specifically for reproduction.

Article 9

Should transitional measures be necessary to facilitate the transition from the system in force in Member States to that of this Regulation, in particular if the introduction of this system on the date provided for would give rise to substantial difficulties in respect of certain products, such measures shall be adopted in accordance with the procedure laid down in Article 6. They shall be applicable until 30 June 1969 at the latest.

Article 10

This Regulation shall enter into force on 1 July 1968.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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ANNEX