1962R0026 — EN — 01.07.1962 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION No 26
applyingcertain rules of competition to production of and trade in ag ricultural products
(OJ P 30, 20.4.1962, p. 993)
Amended by:
Official Journal
No page date
►M1Regulation No 49 of the Council P 53 1571 1.7.1962
▼B
REGULATION No 26
applyingcertain rules of competition to production of and trade in
agricultural products
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
Having regard to the Treaty establishing the European EconomicCommunity, 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 by virtue of Article 42 of the Treaty one of the matters to be
decided under the common agricultural policy is whether the rules on
competition laid down in the Treaty are to apply to production of and
trade in agricultural products, and accordingly the provisions hereinaftercontained will have to be supplemented in the light of developments inthat policy;
Whereas the proposals submitted by the Commission for the formulation
and implementation of the common agricultural policy show that certain
rules on competition must forthwith be made applicable to production ofand trade in agricultural products in order to eliminate practices contraryto the principles of the common market and prejudicial to attainment ofthe objectives set out in Article 39 of the Treaty and in order to provide
a basis for the future establishment of a system of competition adapted
to the development of the common agricultural policy;
Whereas the rules on competition relating to the agreements, decisions
and practices referred to in Article 85 of the Treaty and to the abuse ofdominant positions must be applied to production of and trade in
agricultural products, in so far as their application does not impede the
functioning of national organisations of agricultural markets orjeopardise attainment of the objectives of the common agriculturalpolicy;
Whereas special attention is warranted in the case of farmers'
organisations which are particularly concerned with the joint production
or marketing of agricultural products or the use of joint facilities, unlesssuch joint action excludes competition or jeopardises attainment of theobjectives of Article 39 of the Treaty;
Whereas, in order both to avoid compromising the development of a
common agricultural policy and to ensure certainty in the law and non-discriminatory treatment of the undertakings concerned, the Commissionmust have sole power, subject to review by the Court of Justice, todetermine whether the conditions provided for in the two precedingrecitals are fulfilled as regards the agreements, decisions and practices
referred to in Article 85 of the Treaty;
Whereas, in order to enable the specific provisions of the Treaty
regarding agriculture, and in particular those of Article 39 thereof, to betaken into consideration, the Commission must, in questions of
dumping, assess all the causes of the practices complained of and in
particular the price level at which products from other sources areimported into the market in question; whereas it must, in the light of itsassessment, make recommendations and authorise protective measuresas provided in Article 91 (1) of the Treaty;
Whereas, in order to implement, as part of the development of the
common agricultural policy, the rules on aids for production of or tradein agricultural products, the Commission should be in a position to drawup a list of existing, new or proposed aids, to make appropriateobservations to the Member States and to propose suitable measures tothem;1962R0026 — EN — 01.07.1962 — 001.001 — 2
▼B
HAS ADOPTED THIS REGULATION:
Article 1
From the entry into force of this Regulation, Articles 85 to 90 of the
Treaty and provisions made in implementation thereof shall, subject toArticle 2 below, apply to all agreements, decisions and practices referred
to in Articles 85 (1) and 86 of the Treaty which relate to production of or
trade in the products listed in Annex II to the Treaty;
Article 2
1. Article 85 (1) of the Treaty shall not apply to such of the
agreements, decisions and practices referred to in the preceding Articleas form an integral part of a national market organisation or arenecessary for attainment of the objectives set out in Article 39 of theTreaty. In particular, it shall not apply to agreements, decisions and
practices of farmers, farmers' associations, or associations of such
associations belonging to a single Member State which concern theproduction or sale of agricultural products or the use of joint facilitiesfor the storage, treatment or processing of agricultural products, andunder which there is no obligation to charge identical prices, unless theCommission finds that competition is thereby excluded or that the
objectives of Article 39 of the Treaty are jeopardised.
2. After consulting the Member States and hearing the undertakings
or associations of undertakings concerned and any other natural or legalperson that it considers appropriate, the Commission shall have solepower, subject to review by the Court of Justice, to determine, bydecision which shall be published, which agreements, decisions and
practices fulfil the conditions specified in paragraph 1.
3. The Commission shall undertake such determination either on its
own initiative or at the request of a competent authority of a MemberState or of an interested undertaking or association of undertakings.
4. The publication shall state the names of the parties and the main
content of the decision; it shall have regard to the legitimate interest ofundertakings in the protection of their business secrets.
Article 3
1. Without prejudice to Article 46 of the Treaty, Article 91 (1)
thereof shall apply to trade in the products listed in Annex II to theTreaty.
2. With due regard for the provisions of the Treaty relating to
agriculture, and in particular those of Article 39, the Commission shallassess all the causes of the practices complained of, in particular theprice level at which products from other sources are imported into themarket in question.
In the light of its assessment, it shall make recommendations and
authorise protective measures as provided in Article 91 (1) of the Treaty.
Article 4
The provisions of Article 93 (1) and of the first sentence of Article 93
(3) of the Treaty shall apply to aids granted for production of or trade in
the products listed in Annex II to the Treaty.
Article 5
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities , with
the exception of Articles 1 to 3, which shall enter into force on►
M130 July 1962 ◄.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1962R0026 — EN — 01.07.1962 — 001.001 — 3