Council Regulation (EC) No 1184/2006 of  24 July 2006  applying certain rules of competition to the production of, and trade in, agricultural products (Codified version)
Date: 2006-07-24
Institutions: Council of the European Union
Subjects: agricultural product, agricultural production, agriculture-trade relationship, codification of EU law, competition policy, marketing

4.8.2006

EN

Official Journal of the European Union

L 214/7

COUNCIL REGULATION (EC) No 1184/2006

of 24 July 2006

applying certain rules of competition to the production of, and trade in, agricultural products

(Codified version)

THE COUNCIL OF THE EUROPEAN UNION,

excludes competition or jeopardises attainment of the
objectives of Article 33 of the Treaty.

Having regard to the Treaty
Community, and in particular Articles 36 and 37 thereof,

establishing the European

(5)

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1).

Whereas:

(1)

(2)

(3)

(4)

The content of Council Regulation No 26 of 4 April
1962 applying certain rules of competition to production
in agricultural products (2) has been
of and trade
amended (3).
In the interests of clarity and rationality
the said Regulation should be codified.

By virtue of Article 36 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 the production of, and trade in, agri-
cultural products. Accordingly,
this
Regulation should be supplemented in the light of devel-
opments in that policy.

the provisions of

The rules on competition relating to the agreements,
decisions and practices referred to in Article 81 of the
Treaty and to the abuse of dominant positions are to be
applied to the production of, and trade in, agricultural
products, in so far as their application does not impede
the functioning of national organisations of agricultural
markets or jeopardise attainment of the objectives of the
common agricultural policy.

Special attention is warranted in the case of
farmers'
organisations the particular objective of which is the
joint production or marketing of agricultural products
joint facilities, unless such joint action
or the use of

(1) Opinion of the European Parliament of 27 April 2006 (not yet

published in the Official Journal).

(2) OJ 30, 20.4.1962, p. 993/62. Regulation as amended by Regulation

No 49 (OJ 53, 1.7.1962, p. 1571/62).

(3) See Annex I.

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 under-
the Commission should have sole
takings concerned,
power, subject
to
determine whether the conditions provided for in the
the
are
two preceding recitals
regards
agreements, decisions
referred to in
Article 81 of the Treaty.

to review by the Court of

and practices

fulfilled as

Justice,

(6)

the

In order to implement, as part of the development of the
rules on aid for
common agricultural policy,
production of, or trade in, agricultural products,
the
Commission should be in a position to draw up a list
of existing, new or proposed types of aid,
to make
appropriate observations to the Member States and to
propose suitable measures to them,

HAS ADOPTED THIS REGULATION:

Article 1

Articles 81 to 86 of the Treaty and provisions made for their
implementation shall, subject to Article 2 of this Regulation,
apply to all agreements, decisions and practices referred to in
Articles 81(1) and 82 of the Treaty which relate to production
of, or trade in, the products listed in Annex I to the Treaty.

Article 2

1.
Article 81(1) of the Treaty shall not apply to such of the
agreements, decisions and practices referred to in Article 1 of
this Regulation as form an integral part of a national market
organisation or are necessary for attainment of the objectives set
out in Article 33 of the Treaty

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 the production or sale of agricultural products or the
use of joint facilities for the storage, treatment or processing of
agricultural products, and under which there is no obligation to
charge identical prices, unless
that
competition is thereby excluded or
the objectives of
Article 33 of the Treaty are jeopardised.

the Commission finds

that

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After consulting the Member States and hearing the
2.
undertakings or associations of undertakings concerned and
any other natural or legal person that it considers should be
heard, the Commission shall have sole power, subject to review
by the Court of Justice, to determine, by decision which shall be
published, which agreements, decisions and practices fulfil the
conditions specified in paragraph 1.

The Commission shall so determine either on its own initiative
or at the request of a competent authority of a Member State or
of an interested undertaking or association of undertakings.

3.
The publication shall state the names of the parties and
the main content of the decision. It shall have regard to the
legitimate interest of undertakings in the protection of their
business secrets.

Article 3

The provisions of Article 88(1) and of the first sentence of
Article 88(3) of
the Treaty shall apply to aid granted for
production of, or trade in, the products listed in Annex I to
the Treaty.

Article 4

Regulation No 26 shall be repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

Article 5

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 24 July 2006.

For the Council
The President

M. PEKKARINEN

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ANNEX I

Repealed Regulation with its amendment

Council Regulation No 26

Council Regulation No 49

(OJ 30, 20.4.1962, p. 993/62)

(OJ 53, 1.7.1962, p. 1571/62)
Only Article 1(1)(g)

ANNEX II

Correlation table

Regulation No 26

This Regulation

Article 1

Article 2(1)

Article 2(2), first subparagraph

Article 2(2), second subparagraph

Article 2(3)

—

Article 3

Article 4

Article 5

Annex I

Annex II

Article 1

Article 2(1)

Article 2(2)

Article 2(3)

Article 2(4)

Article 3

Article 4

—

Article 5

—

—