Proposal for a Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products
Date: 2006-12-18
Institutions: European Commission
Subjects: common organisation of markets, farming sector, simplification of legislation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.12.2006 
COM(2006) 822 final 

2006/0269 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a common organisation of agricultural markets and  
on specific provisions for certain agricultural products 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

•  Grounds for and objectives of the proposal: A simpler legal framework for the CAP – 

one horizontal common market organisation instead of 21 

The  main  objective  of  the  proposed  regulation  is  to  revise  the  existing  21  regulations  on 
into  a 
sector-specific  common  market  organisations 
comprehensive  single  regulation,  with  a  view  to  streamlining  and  simplifying  the  legal 
framework without changing the underlying policies.  

(CMOs)  and  combine 

them 

Thus, the proposal intends to provide a single set of harmonised rules in the classic areas of 
market  policy  such  as  intervention,  private  storage,  import  tariff  quotas,  export  refunds, 
safeguard measures, state aid and competition rules, and the communication and reporting of 
data. The existing sector-specific rules on these matters have been rearranged by instrument or 
policy  issue  and  merged,  where  possible,  into  horizontal  provisions.  As  a  synthesis  of  the 
current  CMO  provisions  at  Council  level  the  proposed  regulation  should  apply  to  all 
agricultural products that are currently covered by a CMO. 

•  General context 

This proposal is an essential component in the Commission’s plans to streamline and simplify 
the  common  agricultural  policy  (CAP).  The  key  issues  of  the  Commission’s  approach  have 
been  set  out  in  its  2005  Communication  on  "Simplification  and  Better  Regulation  for  the 
Common  Agricultural  Policy"  (referred  to  hereinafter  as  “the  Communication”)1.  In  this 
document the Commission  underlined that “Reducing red tape in the farm  sector by making 
rules  more  transparent,  easier  to  understand  and  less  burdensome  will  reduce  costs  for 
businesses and ensure that European citizens receive value for money". 

•  Existing provisions in the area of the proposal 

An essential part of the current CAP legal framework consists of the 21 CMOs that have been 
established since the introduction of the CAP (see Annex 1 to this document). Each of these 
CMOs is governed by a separate basic Council regulation, often accompanied by a further set 
of subsidiary Council rules.  

Most basic regulations follow the same structure and have numerous provisions in common. 
This  is  the  case  in  particular  as  regards  the  rules  on  trade  with  third  countries  and  general 
provisions but also to a certain extent for the rules related to the internal market. Moreover, the 
basic regulations often contain different solutions to identical or similar problems. On this last 
point,  the  Communication  notes  the  2003  reform  of  the  CAP  which  “simplified  the  CAP's 
legislative  environment  by  establishing  a  horizontal  legal  framework  for  all  direct  payments 
and  amalgamating  an  array  of  support  systems  into  a  single  payment  scheme.”  In  the 
Communication,  the  Commission  declared  its  intention  to  extend  the  horizontal  approach  to 
the 21 CMOs and to examine in this context the extent to which harmonisation is possible and 
sectoral approaches can be replaced by horizontal ones. 

1 

COM (2005) 509 final. 

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•  Consistency with other policies and objectives of the Union 

This  proposal,  in  the  area  of  agriculture  forms  an  integral  part  of  the  overall  Commission 
approach to Better Regulation and simplification, as it is expressed in its Communication of 
25 October 2005  on  “Implementing  the  Community  Lisbon  programme  –  A  strategy  for  the 
simplification  of  the  regulatory  environment”2  and  endorsed  in  the  Interinstitutional 
Agreement on better law-making of 16 December 20033. 

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

The Commission’s intention to draw up a proposal for a comprehensive CMO regulation was 
announced  in  its  Communication  of  19  October  2005.  Following  a  discussion,  the  Council 
adopted  in  December  2005  conclusions  which  did  not  specifically  address  this  issue.  In  the 
course  of  the  preparatory  work  on  the  proposal  both  Member  States  and  stakeholders  were 
given the opportunity to express their views on the project. The consultation of Member States 
took place in a meeting of the Commission simplification experts group on 27 June 2006, that 
of the stakeholders in an ad-hoc meeting of the Agricultural Advisory Committee on 30 June 
2006,  in  both  cases  on  the  basis  of  an  information  note  summarising  the  broad  lines  of  the 
envisaged proposal. 

Member States representatives accepted in general that the approach could lead to simplifying 
the  legislative  framework  of  the  CAP.  However,  they  reserved  the  position  of  their 
governments until the presentation of a detailed legislative proposal. 

The  representatives  of  stakeholders  were  equally  reluctant  to  comment  on  the  approach  in 
greater detail. A number of them showed openness to consider a proposal for a comprehensive 
CMO regulation provided that it would be restricted to a technical exercise without bringing 
about changes to the existing policies. Some concerns were voiced with regard to the creation 
of one management committee for all market sectors. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

Not  applicable.  The  proposal  is  not  subject  to  impact  assessment  requirements  as  it  is  not 
included in the Commission Legislative and Work Programme. 

3. 

LEGAL ELEMENTS AND MAIN CHARACTERISTICS OF THE HORIZONTAL CMO  

•  Legal basis 

Articles 36 and 37 of the Treaty 

2 
3 

COM (2005) 535 final. 
OJ C 321, 31.12.2003, p. 1. 

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•  Content of the proposal 

Simplification of the regulatory framework without changing the policy  

A  legislative  project  of  this  order  of  magnitude  which  consists  of  combining  a  significant 
number of separate legal acts into one comprehensive Regulation goes clearly beyond the level 
of  a  mere  consolidation  of  existing  legal  texts.  It  inevitably  requires  re-arranging  and 
re-wording many of the provisions concerned. This should not be seen, however, as an attempt 
to  change  the  political  decisions  the  Council  has  taken  over  the  years  in  CAP  matters,  and 
which are reflected in the current CMOs. Although there is no universal and agreed typology 
of  simplification  initiatives,  the  proposed  Regulation  is  essentially  an  act  of  “technical 
simplification”,  i.e.  it  implies,  as  it  is  expressed  in  the  Communication,  "the  revision  of  the 
legal  framework,  administrative  procedures  and  management  mechanisms  to  achieve 
streamlining  and  greater  cost-effectiveness  and  attain  existing  policy  objectives  more 
effectively,  without  changing  the  underlying  policies."  Accordingly,  it  is  not  proposed  to 
repeal or change existing instruments unless they have become obsolete, redundant or should 
not by their very nature be dealt with at Council level. This also implies that in the framework 
of  this  proposal  neither  the  current  scope  of  the  CMOs  should  be  extended  nor  should  new 
instruments or measures be introduced.  

In  line  with  these  criteria,  the  proposed  arrangements  deviate  on  a  limited  number  of  points 
from those in current Regulations. This issue is in particular relevant to a number of provisions 
which  currently  empower  the  Council  to  adopt  legal  acts  without  consulting  the  Parliament 
(so-called “second generation” acts). In accordance with the institutional balance laid down in 
the  third  indent  of  Article  202  of  the  Treaty  it  is  proposed  to  either  adopt  such  acts  in 
accordance with the procedure laid down in Article 37 of the Treaty, i.e. after consulting the 
Parliament, or to confer the relevant powers on the Commission.  

However, since there is currently no need to change or repeal the relevant second generation 
Regulations  in  substance  the  proposal  leaves  them  in  place  while  explicitly  setting  out  a 
Commission  power  to  amend  or  repeal  such  acts  by  means  of  the  management  committee 
procedure once this becomes necessary. Furthermore, it should be noted that for certain issues 
which,  due  to  their  particularly  technical  character  are  not  appropriate  to  be  dealt  with  in  a 
basic Council Regulation, it is proposed to transfer the relevant powers to the Commission.  

Scope of the proposal  

The scope of the proposed Regulation reflects the step-by-step approach that has already been 
set  out  in  the  Communication.  Accordingly,  it  is  proposed  for  the  new  basic  Regulation  to 
apply  from  the  very  beginning  to  all  agricultural  products  that  are  currently  governed  by  a 
CMO.  In  addition,  for  the  sake  of  completeness  and  consistency  the  new  basic  Regulation 
should  also  include  certain  other  agricultural  products  such  as  silkworms,  ethyl  alcohol  of 
agricultural origin and apiculture products which at present are not subject to a fully-fledged 
CMO  but  regulated  by  a  set  of  specific  agricultural  rules,  without  however  giving  them  full 
CMO-status. It should be noted, however, that due to its particular status as a product that is 
not covered by Annex I to the Treaty4, cotton is not included in this proposal. 

As regards the sectors which are currently or will soon be subject to policy reviews (fresh and 
processed fruit and vegetables, wine), it appears appropriate to include only those provisions 
in the proposal which are or will not be affected by such reviews. This is the case in particular 

4 

The support scheme for cotton is based on Protocol No 4 of the Treaty on the accession of Greece to the 
European Economic Community. 

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for  horizontal  or  common  rules  such  as  the  provisions  on  state  aid  and  competition, 
comitology procedures, and Member States’ communications to the Commission. Accordingly 
each  review  will  take  place  on  the  basis  of  a  separate  proposal.  Once  a  review  process  is 
concluded  the  legal  acts  adopted  in  its  framework  will  then  in  a  second  step  have  to  be 
incorporated  into  the  new  basic  Regulation.  To  that  end  the  Commission  will  at  due  time 
submit  appropriate  proposals  to  the  Council.  Until  such  proposals  are  adopted,  the  existing 
regulations  governing  these  rules  will  remain  applicable  in  addition  to  the  new  basic 
Regulation. 

Incorporated legal acts 

In addition to the Council acts referred to under 1., it is proposed that the new basic Regulation 
also take on board further  Council  rules which do currently not  formally form part  of CMO 
Regulations  even  though  they  are  applicable  to  the  agricultural  products  covered  by  current 
CMOs  and  other  Council  acts.  This  category  includes e.g. the rules  on  milk  quotas, specific 
provisions  on  private  storage  and  public  intervention5  and  the  provisions  contained  in 
Regulation No 1184/20066 with regard to competition and state aid rules for the production of 
and trade in agricultural products. Annex 2 to this document contains a complete list of such 
legal acts. 

Structure 

The  structure  of  the  new  CMO  should  mainly  follow  that  used  in  most  of  the  current  basic 
Regulations. However, due to their importance it seems appropriate to foresee a specific part 
for  competition  rules.  Accordingly  the  body  of  the  proposed  Regulation  is  subdivided  as 
follows:  

– 

– 

– 

– 

– 

– 

introductory provisions (e.g. scope, definitions, marketing years), 

provisions  concerning  the  internal  market  (e.g.  public  intervention,  private  storage, 
special intervention measures, quotas, aid schemes), 

provisions  concerning  trade  with  third  countries  (e.g.  licences,  import  duties,  tariff 
quotas,  special  safeguard,  export  refunds,  safeguard  clause,  inward-  and  outward 
processing), 

competition rules (antitrust, state aids), 

general  provisions 
committee), 

(e.g.  disturbance  clause,  communications,  management 

transitional and final provisions (e.g. amendments, repeals, transitional clause, entry 
into force). 

In  addition  the  proposed  regulation  contains  a  number  of  annexes  which  mainly  reflect  the 
annexes to current CMO regulations. 

5 

6 

E.g.  Regulation  (EEC)  No 2763/75  concerning  the  rules  for  private  storage  in  the  pigmeat  sector; 
Regulation (EEC) No 1055/77 concerning horizontal rules on the storage and movements of products in 
public intervention. 
Codifies and replaces Council Regulation No 26 of 4 April 1962. 

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Decision making by the Commission 

As foreseen in the existing CMOs the proposal requires the Commission in the vast majority 
of cases to exercise its decision making powers in accordance with the so-called management 
committee procedure. To avoid repeating in each and every case the necessary reference to the 
relevant comitology clause the proposal stipulates this requirement at horizontal level. 

Entry into force and application 

The  new  Regulation  is  proposed  to  enter  into  force  on  the  seventh  day  following  that  of  its 
publication in the Official Journal.  

However,  the  dates  for  the  application  of  provisions  in  the  proposed  Regulation  should  be 
fixed so as to ensure a smooth transition to the new legal framework. This implies that the new 
provisions should not become applicable in the course of marketing years on the one hand, and 
the  Commission  should  be  given  the  time  needed  for  preparing  and  adopting  the  necessary 
implementing acts. On the assumption of a formal adoption of the proposed regulation by the 
Council in autumn 2007 its provisions should apply:  

– 

– 

in  sectors  for  which  marketing  years  are  provided  for,  from  the  beginning  of  the 
relevant marketing years in 2008, 

in sectors for which no marketing year is provided for, from 1 January 2008. 

In line with the current arrangements the provisions on sugar and milk quotas should apply no 
longer than the end of the 2014/2015 sugar marketing/milk quota year. 

•  Subsidiarity principle 

The proposal pursues the objective to simplify the legislative framework of the CMOs without 
changing their underlying political orientations. 

•  Choice of instrument 

Proposed instruments: regulation. 

Other means would not be adequate as the proposal is aimed at establishing a horizontal CMO 
which is directly applicable in all Member States.  

4. 

BUDGETARY IMPLICATIONS 

Given that the proposal does not bring about changes to the existing CAP measures it has no 
budgetary implications.  

5. 

SIMPLIFICATION 

The proposal is expected to lead to significant simplification of existing legislation. It will:  

– 

– 

– 

– 

drastically reduce the number of legal acts and provisions governing the CAP, 

harmonise and streamline the instruments and measures of the CAP,  

increase the transparency of the CAP's legal framework and improve its accessibility 
for farmers, economic operators and national administrations, 

reduce administrative costs.  

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Ultimately the vast majority of the CAP will be governed by only four Council regulations: 

– 

– 

– 

– 

the Council regulation on the common organisation of the markets, 

Council Regulation (EC) No 1782/2003 on direct payments,  

Council Regulation (EC) No 1698/2005 on rural development and  

Council Regulation (EC) No 1290/2005 on the financing of the CAP. 

The proposal is therefore an important contribution to the process of legislative simplification. 

However, its contribution to simplifying the CAP should not be judged in an isolated manner 
but within the global context of the Commission’s efforts in this area. It clearly follows from 
the  Communication  that  the  Commission’s  activities  with  regard  to  Better  Regulation  and 
simplification in the CAP comprise a whole variety of technical and policy related measures 
and initiatives of which the proposal is only one important component. 

Repeal of existing legislation  

The adoption of the proposal will lead to the repeal of 35 Council Regulations. 

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ANNEX 1 

COMMON MARKET ORGANISATIONS INCORPORATED  
IN THE PROPOSED HORIZONTAL CMO 

Regulation 

Scope 

1. 

(EEC) No 234/68 

Live  trees  and  other  plants,  bulbs,  roots  and  the 
like, cut flowers and ornamental foliage 

2. 

(EEC) No 827/68 

"Solde" (CMO for many products not covered by 
other CMOs) 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

20. 

21. 

(EEC) No 2759/75 

Pigmeat 

(EEC) No 2771/75 

Eggs 

(EEC) No 2777/75 

Poultrymeat 

(EEC) No 2075/92 

Raw tobacco 

(EC) No 1254/1999 

Beef and veal 

(EC) No 1255/1999 

Milk and milk products 

(EC) No 1673/2000 

Flax and hemp 

(EC) No 2529/2001 

Sheep and goat meat 

(EC) No 1784/2003 

Cereals 

(EC) No 1785/2003 

Rice 

(EC) No 1786/2003 

Dried fodder 

(EC) No 865/2004 

Olive Oil 

(EC) No 1947/2005 

Seeds 

(EC) No 1952/2005 

Hops 

(EC) No 318/2006 

Sugar 

(EEC) No 404/93 

Bananas 

(EC) No 2200/96 

Fresh fruit & vegetables 

(EC) No 2201/96 

Processed fruit & vegetables 

(EC) No 1493/1999 

Wine 

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ANNEX 2 

LEGAL ACTS INCORPORATED IN THE PROPOSED HORIZONTAL CMO 
OTHER THAN BASIC CMO REGULATIONS 

NON-CMO products 

Regulation 

Scope 

(EEC) No 845/72  

Silk Worms 

(EEC) No 707/76 

Silk Worm Producer Groups 

(EC) No 670/2003 

Ethyl alcohol of agricultural origin 

(EC) No 797/2004 

Apiculture products 

Horizontal provisions 

Regulation 

Scope 

(EC) No 1184/2006 

Council Regulation applying certain rules of competition to the production of, and trade 
in, agricultural products (= ex Regulation No 26) 

(EEC) No 1055/77 

Council  Regulation  on  the  storage  and  movement  of  products  bought  in  by  an 
intervention agency 

(EEC) No 2931/79 

Council  Regulation  on  the  granting  of  assistance  for  the  exportation  of  agricultural 
products which may benefit from a special import treatment in a third country 

(EEC) No 386/90 

Council Regulation on the monitoring carried out at the time of export of agricultural 
products receiving refunds or other amounts 

Sugar sector 

Decision 

Scope 

74/583/EEC 

Council Decision of 20 November 1974 on the monitoring of sugar movements  

Fruit and vegetables sector 

Regulation 

Scope 

(EEC) No 2517/69 

Council  Regulation  laying  down  certain  measures  for  reorganising  Community  fruit 
production 

Pigmeat sector 

Regulation 

Scope 

(EEC) No 2763/75 

Council  Regulation  laying  down  general  rules  for  granting  private  storage  aid  for 
pigmeat 

Milk sector 

Regulation 

Scope 

(EEC) No 1898/87 

Council  Regulation  on  the  protection  of  designations  used  in  marketing  of  milk  and 
milk products  

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(EEC) No 2204/90 

Council Regulation laying down additional general rules on the common organisation 
of  the  market  in  milk  and  milk  products  as  regards  cheese  (systems  of  prior 
authorisation and administrative control) 

(EC) No 2991/94 

Council Regulation laying down standards for spreadable fats  

(EC) No 2597/97 

Council  Regulation  laying  down  additional  rules  on  the  common  organisation  of  the 
market in milk and milk products for drinking milk 

(EC) No 2250/1999 

Council Regulation concerning the tariff quota for butter of New Zealand origin 

(EC) No 1788/2003 

Council Regulation establishing a levy in the milk and milk products sector 

Egg sectors 

Regulation 

Scope 

(EC) No 1028/2006 

Council Regulation on marketing standards for eggs (= ex Regulation No 1907/90) 

Poultry sector 

Regulation 

Scope 

(EEC) No 1906/90 

Council Regulation on certain marketing standards for poultry meat 

Floriculture sector 

Regulation 

Scope 

(EEC) No 4088/87 

Council Regulation fixing conditions for the application of preferential customs duties 
on imports of certain flowers originating in Cyprus, Israel and Jordan 

Tobacco sector 

Regulation 

Scope 

(EEC) No 2077/92 

Council  Regulation  concerning  inter-branch  organisations  and  agreements  in  the 
tobacco sector 

Carcase classification 

Regulation 

Scope 

(EEC) No 1358/80 

Council  Regulation  fixing  the  guide  price  and  the  intervention  price  for  adult  bovine 
animals for the 1980/81 marketing year and introducing a Community grading scale for 
carcases of adult bovine animals 

(EC) No 1183/2006  

Council Regulation concerning the Community scale for the classification of carcases 
of adult bovine animals (= ex. Regulation No 208/81) 

(EEC) No 3220/84 

Council Regulation determining the Community scale for grading pig carcases 

(EEC) No 1186/90 

Council Regulation extending the scope of the Community scale for the classification 
of carcases of adult bovine animals 

(EEC) No 2137/92 

Council Regulation concerning the Community scale for the classification of carcases 
of  ovine  animals  and determining  the  Community  standard quality  of fresh or  chilled 
sheep carcases and extending Regulation (EEC) No 338/91 

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2006/0269 (CNS) 

Proposal for a 

COUNCIL REGULATION 

establishing a common organisation of agricultural markets and  
on specific provisions for certain agricultural products 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament7, 

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OJ C …, …, p. …. 

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TABLE OF CONTENTS 

PART I INTRODUCTORY PROVISIONS.............................................................................34 

PART II INTERNAL MARKET..............................................................................................37 

TITLE I MARKET INTERVENTION ....................................................................................37 

CHAPTER I PUBLIC INTERVENTION AND PRIVATE STORAGE .......................................................37 

SECTION I GENERAL PROVISIONS ...................................................................................37 

SECTION II PUBLIC INTERVENTION ................................................................................39 

Subsection I General Provisions ...............................................................................................39 

Subsection II Opening and Suspension of Buying- In..............................................................40 

Subsection III Intervention Price ..............................................................................................41 

Subsection IV Disposal from Intervention ...............................................................................43 

SECTION III PRIVATE STORAGE .......................................................................................44 

Subsection I Mandatory Aid .....................................................................................................44 

Subsection II Optional Aid .......................................................................................................45 

SECTION IV COMMON PROVISIONS ................................................................................48 

CHAPTER II SPECIAL INTERVENTION MEASURES ........................................................................51 

SECTION I EXCEPTIONAL MARKET SUPPORT MEASURES........................................51 

SECTION II MEASURES IN THE CEREALS AND RICE SECTORS ................................52 

SECTION III MEASURES IN THE SUGAR SECTOR .........................................................52 

SECTION IV ADJUSTMENT OF SUPPLY ...........................................................................55 

CHAPTER III SYSTEMS OF PRODUCTION LIMITATION..................................................................56 

SECTION I GENERAL PROVISIONS ...................................................................................56 

SECTION II SUGAR ...............................................................................................................56 

Subsection I Quota Allocation and Management .....................................................................56 

Subsection II Quota Overrun ....................................................................................................58 

SECTION III MILK .................................................................................................................60 

Subsection I general provisions ................................................................................................60 

Subsection II Quota Allocation and Management....................................................................61 

Subsection III Quota Overrun...................................................................................................67 

SECTION IV PROCEDURAL PROVISIONS ........................................................................70 

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CHAPTER IV AID SCHEMES ........................................................................................................70 

SECTION I AID FOR PROCESSING.....................................................................................70 

Subsection I Dried Fodder ........................................................................................................70 

Subsection II Flax and Hemp grown for Fibre .........................................................................73 

SECTION II PRODUCTION REFUND ..................................................................................74 

SECTION III AIDS IN THE MILK AND MILK PRODUCTS SECTOR..............................75 

SECTION IV AIDS IN THE OLIVES SECTOR ....................................................................77 

SECTION V COMMUNITY TOBACCO FUND ...................................................................78 

SECTION VI SPECIAL PROVISIONS FOR THE APICULTURE SECTOR.......................78 

SECTION VII AIDS IN THE SILKWORM SECTOR ...........................................................80 

TITLE II RULES CONCERNING MARKETING AND PRODUCTION .............................80 

CHAPTER I MARKETING STANDARDS AND CONDITIONS FOR THE PRODUCTION ..........................80 

SECTION I MARKETING STANDARDS .............................................................................80 

SECTION II CONDITIONS FOR PRODUCTION.................................................................83 

SECTION III PROCEDURAL RULES ...................................................................................83 

CHAPTER II PRODUCER ORGANISATIONS, INTERBRANCH ORGANISATIONS, OPERATOR 

ORGANISATIONS...........................................................................................................84 

SECTION I GENERAL PRINCIPLES ....................................................................................84 

SECTION II RULES CONCERNING INTERBRANCH ORGANISATIONS IN THE 

TOBACCO SECTOR.................................................................................................85 

SECTION III PROCEDURAL RULES ...................................................................................86 

PART III TRADE WITH THIRD COUNTRIES.....................................................................87 

CHAPTER I GENERAL PROVISIONS..............................................................................................87 

CHAPTER II IMPORTS .................................................................................................................87 

SECTION I IMPORT LICENCES ...........................................................................................87 

SECTION II IMPORT DUTIES AND LEVIES ......................................................................89 

SECTION III IMPORT QUOTA MANAGEMENT ...............................................................91 

SECTION IV SPECIAL PROVISIONS FOR CERTAIN PRODUCTS .................................93 

Subsection I Special Provisions for Imports in respect of the Cereals and Rice Sectors .........93 

Subsection II Preferential Import Arrangements for Sugar ......................................................94 

Subsection III Special Provisions for Imports of Hemp ...........................................................95 

Subsection IV Special Provisions for Imports of Hops ............................................................96 

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SECTION V SAFEGUARD AND INWARD PROCESSING ................................................96 

CHAPTER III EXPORTS ...............................................................................................................98 

SECTION I EXPORT LICENCES ..........................................................................................98 

SECTION II EXPORT REFUNDS ..........................................................................................98 

SECTION III EXPORT QUOTA MANAGEMENT IN THE MILK AND MILK PRODUCTS 
SECTOR...................................................................................................................103 

SECTION IV SPECIAL IMPORT TREATMENT BY THIRD COUNTRIES ....................103 

SECTION V SPECIAL PROVISIONS FOR LIVE PLANTS...............................................104 

SECTION VI OUTWARD PROCESSING ...........................................................................104 

PART IV COMPETITION RULES .......................................................................................105 

CHAPTER I RULES APPLYING TO UNDERTAKINGS.....................................................................105 

CHAPTER II STATE AID RULES .................................................................................................107 

PART V SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS ...................................109 

PART VI General Provisions .................................................................................................112 

PART VII IMPLEMENTING, TRANSITIONAL AND FINAL RULES.............................114 

CHAPTER I IMPLEMENTING PROVISIONS...................................................................................114 

CHAPTER II TRANSITIONAL AND FINAL PROVISIONS ................................................................115 

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Whereas: 

(1) 

(2) 

The operation and development of the common market for agricultural products should 
be  accompanied  by  the  establishment  of  a  common  agricultural  policy  (hereinafter 
referred to as “CAP”) to include, in particular, a common organisation of agricultural 
markets (hereinafter referred to as “CMO”) which may, according to Article 34 of the 
Treaty, take various forms depending on the product.  

Since the introduction of a CAP, the Council has adopted 21 common organisations of 
the markets for each product or group of products, each governed by a separate Council 
basic regulation: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Council Regulation (EEC) No 234/68 of 27 February 1968 on the establishment 
of  a  common  organisation  of  the  market  in  live  trees  and  other  plants,  bulbs, 
roots and the like, cut flowers and ornamental foliage8; 

Council  Regulation  (EEC)  No 827/68  of  28  June  1968  on  the  common 
organisation of the market in certain products listed in Annex II to the Treaty9; 

Council  Regulation  (EEC)  No 2759/75  of  29  October  1975  on  the  common 
organisation of the market in pigmeat10; 

Council  Regulation  (EEC)  No 2771/75  of  29  October  1975  on  the  common 
organisation of the market in eggs11; 

Council  Regulation  (EEC)  No 2777/75  of  29  October  1975  on  the  common 
organisation of the market in poultrymeat12; 

Council  Regulation  (EEC)  No 2075/92  of  30  June  1992  on  the  common 
organisation of the market in raw tobacco13; 

Council  Regulation  (EEC)  No 404/93  of  13  February  1993  on  the  common 
organisation of the market in bananas14; 

Council  Regulation  (EC)  No 2200/96  of  28  October  1996  on  the  common 
organisation of the market in fruit and vegetables15; 

Council  Regulation  (EC)  No 2201/96  of  28  October  1996  on  the  common 
organisation of the markets in processed fruit and vegetable products16; 

8 

9 

10 

11 

12 
13 

14 
15 

16 

OJ L 55,  2.3.1968,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No 806/2003  (OJ L 122, 
16.5.2003, p. 1). 
OJ L 151,  30.6.1968,  p. 16.  Regulation  as  last  amended  by  Regulation  (EC)  No 865/2004  (OJ L 161, 
30.4.2004, p. 97). 
OJ L 282,  1.11.1975,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No 1913/2005  (OJ L 307, 
25.11.2005, p. 2). 
OJ L 282,  1.11.1975,  p. 49.  Regulation  as  last  amended  by  Regulation  (EC)  No 679/2006  (OJ L 119, 
4.5.2006, p. 1). 
OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006. 
OJ L 215,  30.7.1992,  p. 70.  Regulation  as  last  amended  by  Regulation  (EC)  No 1679/2005  (OJ L 271, 
15.10.2005, p. 1). 
OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the Act of Accession 2003. 
OJ L 297,  21.11.1996,  p. 1.  Regulation  as  last  amended  by  Commission  Regulation  (EC)  No 47/2003 
(OJ L 7, 11.1.2003, p. 64). 
OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 
(OJ L 64, 2.3.2004, p. 25). 

EN 

15 

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– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

Council  Regulation  (EC)  No 1254/1999  of  17  May  1999  on  the  common 
organisation of the market in beef and veal17; 

Council  Regulation  (EC)  No 1255/1999  of  17  May  1999  on  the  common 
organisation of the market in milk and milk products18; 

Council  Regulation  (EC)  No 1493/1999  of  17  May  1999  on  the  common 
organisation of the market in wine19; 

Council  Regulation  (EC)  No 1673/2000  of  27  July  2000  on  the  common 
organisation of the markets in flax and hemp grown for fibre20; 

Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common 
organisation of the market in sheepmeat and goatmeat21; 

Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common 
organisation of the market in cereals22; 

Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common 
organisation of the market in rice23; 

Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common 
organisation of the market in dried fodder24; 

Council  Regulation  (EC)  No 865/2004  of  29  April  2004  on  the  common 
organisation  of  the  market  in  olive  oil  and  table  olives  and  amending 
Regulation (EEC) No 827/6825; 

Council Regulation (EC) No 1947/2005 of 23 November 2005 on the common 
organisation  of  the  market  in  seeds  and  repealing  Regulations  (EEC) 
No 2358/71 and (EEC) No 1674/7226; 

Council Regulation (EC) No 1952/2005 of  23  November  2005  concerning  the 
common  organisation  of  the  market  in  hops  and  repealing  Regulations  (EEC) 
No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/8227; 

Council  Regulation  (EC)  No 318/2006  of  20  February  2006  on  the  common 
organisation of the markets in the sugar sector28. 

17 
18 
19 

20 

21 
22 

23 

24 

25 
26 
27 
28 

OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005. 
OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1913/2005. 
OJ L 179,  14.7.1999,  p. 1.  Regulation  as  last  amended  by  Regulation  (EC)  No 2165/2005  (OJ L 345, 
28.12.2005, p. 1). 
OJ L 193,  29.7.2000,  p. 16.  Regulation  as  last  amended  by  Regulation  (EC)  No 953/2006  (OJ L 175, 
29.6.2006, p. 1). 
OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (EC) No 1913/2005. 
OJ L 270,  21.10.2003,  p. 78.  Regulation  as  amended  by  Commission  Regulation  (EC)  No 1154/2005 
(OJ L 187, 19.7.2005, p. 11). 
OJ L 270,  21.10.2003,  p. 96.  Regulation  as  last  amended  by  Regulation  (EC)  No 797/2006  (OJ L 144, 
31.5.2006, p. 1). 
OJ L 270,  21.10.2003,  p. 114.  Regulation  as  last  amended  by  Regulation  (EC)  No 456/2006  (OJ L 82, 
21.3.2006, p. 1). 
OJ L 161, 30.4.2004, p. 97. Corrected version in OJ L 206, 9.6.2004, p. 37. 
OJ L 312, 29.11.2005, p. 3. 
OJ L 314, 30.11.2005, p. 1. 
OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1585/2006 (OJ L 
294, 24.10.2006, p. 19). 

EN 

16 

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(3) 

In  addition,  the  Council  has  adopted  three  regulations  with  specific  rules  for  certain 
products without setting up, however, a common organisation of the markets for these 
products: 

– 

– 

– 

Council  Regulation  (EC)  No 670/2003  of  8  April  2003  laying  down  specific 
measures concerning the market in ethyl alcohol of agricultural origin29; 

Council Regulation (EC) No 797/2004 of 26 April 2004 on measures improving 
general conditions for the production and marketing of apiculture products30; 

Council Regulation (EC) No 1544/2006 of 5 October 2006 laying down special 
measures to encourage silkworm rearing31. 

The  above  mentioned  Regulations  (hereinafter  “basic  regulations”)  are  often 
accompanied  by  a  collateral  set  of  further  Council  regulations.  Most  of  the  basic 
regulations follow the same structure and have numerous provisions in common. This 
is the case in particular with regard to the rules on trade with third countries and the 
general  provisions  but  also  to  a  certain  extent  for  the  rules  related  to  the  internal 
market.  The  basic  regulations  often  contain  different  solutions  to  identical  or  similar 
problems. 

The  Community  has,  for  some  time,  been  pursuing  the  aim  of  simplifying  the 
regulatory environment of the CAP. Accordingly, a horizontal legal framework for all 
direct  payments  was  established  amalgamating  an  array  of  support  systems  into  a 
single payment scheme by the adoption of Council Regulation (EC) No 1782/2003 of 
29  September  2003  establishing  common  rules  for  direct  support  schemes  under  the 
common  agricultural  policy  and  establishing  certain  support  schemes  for  farmers32. 
This  approach  should  be  extended  to  the  basic  regulations.  In  this  context  the  rules 
contained  therein  should  be  amalgamated  into  a  single  legal  framework  and  sectoral 
approaches be replaced by horizontal ones where this is possible.  

Simplification should not lead to calling into question the political decisions that have 
been taken over the years in the CAP. This Regulation should, therefore, essentially be 
an  act  of  technical  simplification.  It  should  not,  therefore,  repeal  or  change  existing 
instruments unless they have become obsolete, redundant or should not, by their very 
nature, be dealt with at Council level nor introduce new instruments or measures. 

Against  this  background,  this  Regulation  should  not  introduce  those  parts  of  CMOs 
which are subject to policy reviews. This is the case with regard to certain parts of the 
fruit  and  vegetables,  the  bananas  and  the  wine  sectors.  The  rules  contained  in  the 
respective  Regulations  (EEC)  No 404/93,  (EC)  No 2200/96,  (EC)  No 2201/96  and 
(EC) No 1493/1999 should, therefore, only be incorporated into this Regulation to the 
extent that they are not themselves subject to any policy reforms.  

(4) 

(5) 

(6) 

(7) 

(8) 

In  the  light  of  the  aforementioned  considerations,  the  basic  Regulations  should  be 
repealed and replaced by one single Regulation. 

29 
30 
31 
32 

OJ L 97, 15.4.2003, p. 6. 
OJ L 125, 28.4.2004, p. 1. 
OJ L 286, 17.10.2006, p. 1.  
OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1156/2006 
(OJ L 208, 29.7.2006, p. 3). 

EN 

17 

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(9) 

(10) 

The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, 
wine,  milk  and  milk  products  and  silk  worms  provide  for  marketing  years  mainly 
adapted to the biological production cycles of each of these products. In the CMOs for 
fruit  and  vegetables  and  processed  fruit  and  vegetables,  the  Commission  has  been 
empowered to fix the marketing years due to the fact that the production cycles of these 
products  vary  to  a  large  extent  and  that  in  some  cases  it  is  not  necessary  to  fix  a 
marketing year. The marketing years as they have been fixed in the mentioned sectors 
and the power of the Commission to fix the marketing years for the fruit and vegetables 
and  the  processed  fruit  and  vegetables  sectors  should,  therefore,  be  incorporated  into 
this Regulation.  

In  order  to  stabilise  the  markets  and  to  ensure  a  fair  standard  of  living  for  the 
agricultural  community,  a  differentiated  system  of  price  support  for  the  different 
sectors  has  been  developed,  in  parallel  to  the  introduction  of  direct  support  schemes, 
taking account of the different needs in each of these sectors on the one hand and the 
interdependences between different sectors on the other. These measures take the form 
of public intervention or the payment of aid for the private storage of products of the 
cereals,  rice,  sugar,  olives,  beef  and  veal,  milk  and  milk  products,  pigmeat  and 
sheepmeat and goatmeat sectors. Given the objectives of the present Regulation, there 
is, therefore, a need to maintain price support measures where they are foreseen in the 
instruments  as  they  were  developed  in  the  past,  without  making  any  substantial 
changes as compared to the previous legal situation. 

(11)  For  the  sake  of  clarity  and  transparency,  the  provisions  governing  these  measures 
should be made subject to a common structure, whilst maintaining the policy pursued 
in each sector. For that purpose it is appropriate to distinguish between reference prices 
and intervention prices.  

(12)  The  CMOs  for  cereals,  beef  and  veal  and  milk  and  milk  products  contain  provisions 
according to which the Council, acting in accordance with the procedure laid down in 
Article 37(2)  of  the  Treaty,  may  change  the  price  levels.  Given  the  sensitivity  of  the 
price systems the indication of that possibility should be maintained. However, as that 
possibility  does  not  only  apply  in  respect  of  the  aforementioned  sectors,  it  should  be 
extended to all sectors covered by this Regulation.  

(13)  To  achieve  reliable  information  on  Community  market  prices  for  sugar,  the  price 
reporting  system  as  it  has  been  contained  in  the  sugar  CMO  should  be  incorporated 
into this Regulation, on the basis of which market price levels for white sugar should 
be determined.  

(14)  To  prevent  the  system  of  intervention  in respect  of  cereals,  rice,  butter  and  skimmed 
milk powder from becoming an outlet in itself the possibility to provide for the opening 
of public intervention during certain periods of the year only, should be maintained. In 
respect  of  beef  and  veal  products  and  butter,  the  opening  and  closing  of  public 
intervention  should  be  dependent  on  market  price  levels  during  a  certain  period.  As 
regards the rice and sugar sectors, the limitation of the quantities up to which buying-in 
under  public  intervention  can  be  carried  out,  should  be  maintained.  With  regard  to 
butter and skimmed milk powder, the power of the Commission needs to be maintained 
to suspend the normal buying-in once a certain quantity is reached or to replace it by 
buying-in under a tender procedure. 

EN 

18 

   EN 

 
(15)  The  price  level  at  which  buying-in  under  public  intervention  should  be  carried  out 
("intervention price") was, in the past, decreased in the CMOs for cereals, rice and beef 
and  veal  and  fixed  along  with  the  introduction  of  direct  support  schemes  in  these 
sectors. Aid under those schemes on the one hand and intervention prices on the other 
are,  therefore,  closely  linked.  The  intervention  price  for  the  products  of  the  milk  and 
milk  products  sector  was  fixed  in  view  of  promoting  consumption  of  the  products  of 
that sector and improving their competitiveness. In the rice and sugar sectors, the prices 
were fixed in order to contribute to stabilising the market in instances where the market 
price in a given marketing year falls below the reference price fixed for the following 
marketing year. These policy decisions of the Council still remain valid.  

(16)  So  far,  the  price  levels  in  respect  of  the  rice  and  sugar  sectors  have  been  fixed  for 
products of standard quality as defined by the Council. Given the very technical nature 
of that notion, it is appropriate to delegate the power to define standard qualities to the 
Commission. In defining that notion, the Commission should, in particular, be led by 
the market and trade environments of the products concerned.  

(17)  As in previous CMOs, this Regulation should provide for the possibility of disposal of 
products bought into public intervention. Such measures should be taken in a way that 
avoids  market  disturbances  and  that  ensures  equal  access  to  the  goods  and  equal 
treatment of purchasers.  

(18)  Due to its intervention stocks of various agricultural products, the Community has the 
potential means to make a significant contribution towards the well-being of its most 
deprived citizens. It is in the Community interest to exploit this potential on a durable 
basis until the stocks have been run down to a normal level by introducing appropriate 
measures. In the light of these considerations, Council Regulation (EEC) No 3730/87 
of  10  December  1987  laying  down  the  general  rules  for  the  supply  of  food  from 
intervention  stocks  to  designated  organizations  for  distribution  to  the  most  deprived 
persons  in  the  Community33  has,  so  far,  provided  for  the  distribution  of  food  by 
charitable  organisations.  This  important  social  measure  which  can  be  of  considerable 
value to the beneficiaries should be maintained and incorporated into the framework of 
this Regulation. 

(19) 

In order to contribute to balancing the milk market and to stabilising the market prices, 
the CMO for  milk  and milk products has provided for the granting of aid for private 
storage in respect of certain butter products and certain cheese products. Moreover, the 
Commission has been empowered to decide to grant aid for private storage of certain 
other  cheese  products  as  well  as  for  white  sugar,  certain  kinds  of  olive  oil  and  of 
certain  beef  and  veal  products,  skimmed  milk  powder,  pigmeat  and  sheep  meat  and 
goat meat. Given the purpose of this Regulation, these measures should be maintained 
and incorporated therein.  

(20)  Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and 
goat  meat  sectors  Community  scales  for  the  classification  of  carcases  have  been 
established.  These  schemes  are  essential  for  the  purposes  of  price  recording  and  the 
application of the intervention arrangements in the beef and veal and pigmeat sectors. 
Moreover,  they  pursue  the  objective  to  improve  market  transparency.  Such  carcase 

33 

OJ L 352, 15.12.1987, p. 1–2. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 
5.7.1997, p. 1-2). 

EN 

19 

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classification  schemes  should  be  maintained.  However,  due  to  their  mainly  technical 
character it appears appropriate to entrust the Commission with the necessary powers 
to  adopt  the  relevant  rules,  acting  on  the  basis  of  criteria  underlying  the  existing 
schemes. 

(21)  Restrictions on free circulation resulting from the application of measures intended to 
combat the spread of animal diseases could cause difficulties on the market of certain 
products  in  one  or  more  Member  States.  Experience  shows  that  serious  market 
disturbances such as a significant drop in consumption or in prices may be attributed to 
a loss in consumer confidence due to public health, or animal health risks. 

(22)  The exceptional market support measures in order to remedy such situations provided 
for in the respective CMOs for beef and veal, milk and milk products, pigmeat, eggs 
and  poultry  should,  therefore,  be  incorporated  into  this  Regulation  under  the  same 
conditions  as  they  have  applied  so  far.  Such  exceptional  market  support  measures 
should  be  taken  by  the  Commission  and  should  be  directly  related  to  or  consequent 
upon health and veterinary measures adopted in order to combat the spread of diseases. 
They  should  be  taken  at  the  request  of  Member  States  in  order  to  avoid  serious 
disruption on the markets concerned. 

(23)  The possibility for the Commission to adopt special intervention measures where this 
proves  to  be  necessary  in  order  to  react  efficiently  and  effectively  against  threats  of 
market disturbances in the cereals sector and in order to prevent large-scale application 
of public intervention in certain regions of the Community in the rice sector or to make 
up for paddy rice shortages following natural disasters, as they have been provided for 
in the CMOs for cereals and rice respectively should be upheld in this Regulation.  

(24)  A  minimum  price  should  be  fixed  for  quota  beet  corresponding  to  a  standard  quality 
which should be defined, in order to ensure a fair standard of living for the Community 
growers of sugar beet and sugar cane. The standard quality of  quota beet has, so far, 
been defined in Annex I to Regulation (EC) No 318/2006. Given the highly technical 
character of these provisions, it is considered to be more appropriate to deal with these 
questions at Commission level. 

(25)  Specific  instruments  are  needed  to  ensure  a  fair  balance  of  rights  and  obligations 
between sugar undertakings and sugar beet growers. Therefore, the standard provisions 
contained so far in the sugar CMO should be transferred to this Regulation to govern 
the contractual relations between buyers and sellers of sugar beet. Detailed terms have, 
so  far,  been  subject  to  the  CMO  for  sugar  as  Annex II  to  Regulation  (EC) 
No 318/2006. Given the highly technical character of these terms, it is considered to be 
more appropriate to deal with these questions at Commission level.  

(26)  The diversity of natural, economic and technical situations makes it difficult to provide 
for  uniform  purchase  terms  for  sugar  beet  throughout  the  Community.  Agreements 
within  the  trade  already  exist  between  associations  of  sugar  beet  growers  and  sugar 
undertakings.  Therefore,  framework  provisions  should  only  define  the  minimum 
guarantees  required  by  both  sugar  beet  growers  and  the  sugar  industry  to  ensure  a 
smooth  functioning  of  the  sugar  market  with  the  possibility  to  derogate  from  some 
rules in the context of an agreement within the trade. 

(27)  A production charge should be applied to contribute to the financing of the expenditure 

occurring under the CMO in the sugar sector. 

EN 

20 

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(28)  To maintain the structural balance of the markets in sugar at a price level close to the 
reference price, it should be possible for the Commission to decide to withdraw sugar 
from the market for as long as it takes for the market to rebalance. 

(29)  The CMOs for live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and 
poultry provide for the possibility for the adoption of certain measures to facilitate the 
adjustment  of  supply  to  market  requirements.  Such  measures  may  contribute  to 
stabilising  the  markets  and  to  ensuring  a  fair  standard  of  living  for  the  agricultural 
community concerned. Given the objectives of this Regulation, that possibility should 
be maintained. According to those provisions, the Council may adopt the general rules 
concerning such measures in accordance with the procedure laid down in Article 37 of 
the  Treaty.  The  aims  to  be  pursued  by  such  measures  are  clearly  circumscribed, 
delimiting,  at  the  same  time,  the  nature  of  the  measures  that  may  be  adopted. 
Therefore,  the  adoption  of  additional  general  rules  by  the  Council  is  not  needed  and 
should no more be provided for. 

(30) 

In  the  sugar  and  milk  and  milk  products  sectors  the  quantitative  limitation  of 
production as set out in Regulations (EC) No 318/2006 and Council Regulation  (EC) 
No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products 
sector34  has  been  an  essential  market  policy  instrument  for  many  years.  The  reasons 
which in the past led the Community to adopt production quota systems in both sectors 
still remain valid. Whereas the sugar quota system has directly been embedded in the 
Regulation (EC) No 318/200635, the corresponding system in the dairy sector has so far 
been regulated in a separate legal act, namely Regulation (EC) No 1788/2003. Given 
the  crucial  importance  of  these  schemes  and  the  objectives  pursued  with  the  present 
Regulation,  it  is,  therefore,  appropriate  to  incorporate  the  relevant  provisions  in  the 
present  Regulation  without  making  any  substantial  changes  to  the  schemes  and  their 
modes of operation as compared to the previous legal situation. 

(31)  The  sugar  quota  scheme  under  this  Regulation  should  therefore  reflect  the 
arrangements set out in Regulation (EC) No 318/2006 and, in particular, maintain the 
legal status of the quotas in so far as, according to the case-law of the Court of Justice, 
the  system  of  quotas  constitutes  a  mechanism  for  regulating  the  market  in  the  sugar 
sector which aims to ensure the attainment of public interest objectives. 

(32)  This Regulation should, therefore, also enable the Commission to adjust the quotas to a 
sustainable level after the termination, in 2010, of the restructuring fund established by 
Council  Regulation  (EC)  No 320/2006  of  20  February  2006  establishing  a  temporary 
scheme for the restructuring of the sugar industry in the Community36.  

(33) 

In  the  light  of  the  need  to  allow  for  a  certain  national  flexibility  in  relation  to  the 
structural adjustment of the processing industry and of beet and cane growing during 
the period in which the quotas are to be applied, Member States should be allowed to 
alter the quotas of undertakings within certain limits whilst not restricting the operation 
of the restructuring fund as an instrument.  

34 

35 
36 

OJ L 270,  21.10.2003,  p. 123.  Regulation  as  amended  by  Regulation  (EC)  No 1406/2006  (OJ L 265, 
26.9.2006, p. 1). 
Chapter II of Title II of Regulation (EC) No 318/2006. 
OJ L 58, 28.2.2006, p. 42. 

EN 

21 

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(34) 

(35) 

(36) 

In order to avoid the surplus sugar distorting the sugar market, the Commission should 
be  enabled  according  to  certain  criteria  to  provide  for  carrying  forward  the  surplus 
sugar,  isoglucose  or  inulin  syrup  to  be  treated  as  quota  production  of  the  following 
marketing  year.  Moreover,  if,  for  certain  quantities,  the  applicable  conditions  are  not 
met,  a  levy  on  the  surplus  should  be  imposed  in  order  to  avoid  the  accumulation  of 
these quantities threatening the market situation. 

In line  with  the  purpose  of  this  Regulation,  the structure of the milk quota  should be 
aligned with that of the sugar quota provisions. Accordingly, the point of departure of 
the dairy rules should no longer be the obligation to pay an additional levy where the 
national reference quantity is exceeded but the fixation of national quotas which in case 
they are overrun give rise to collecting a surplus levy.  

In  substance,  the  milk  quota  scheme  should  be  shaped  according  to  Regulation  (EC) 
No 1788/2003. In particular, the distinction between deliveries and direct sales should 
be  maintained  and  the  scheme  should  be  applied  on  the  basis  of  individual 
representative  fat  contents  and  a  national  reference  fat  content.  Farmers  should  be 
authorised  under  certain  conditions  to  temporarily  transfer  their  individual  quota. 
Although  the  principle  should  be  maintained  that  when  a  farm  is  sold,  leased  or 
transferred  by  inheritance,  the  corresponding  quota  is  transferred  to  the  purchaser, 
tenant or heir together with the relevant land, some exceptions should be made to the 
principle  that  reference  quantities  are  tied  to  farms  in  order  to  continue  the 
restructuring of milk production and improve the environment. In line with the various 
types  of  transfer  of  reference  quantities  and  using  objective  criteria,  Member  States 
should be authorised to place part of the transferred quantities in the national reserve.  

(37)  The  surplus  levy  should  be  set  at  a  dissuasive  level  and  be  payable  by  the  Member 
States as soon as the national reference quantity is exceeded. The Member State should 
then divide the burden of payment among the producers who have contributed to the 
overrun.  The  latter  should  be  liable  vis-à-vis  the  Member  State  for  payment  of  their 
contribution to the levy due for the mere fact of having overrun their available quantity. 
Member  States  shall  pay  to  the  European  Agricultural  Guarantee  Fund  (EAGF)  the 
levy corresponding to the overrun of their national reference amount, reduced by a flat-
rate  amount  of  1 %  in  order  to  take  account  of  cases  of  bankruptcy  or  the  definitive 
inability of certain producers to make their contribution to the payment of the levy due.  

(38)  Article  34(1)(b)  of  Council  Regulation  (EC)  No 1290/2005  of  21  June  2005  on  the 
financing of the common agricultural policy37 qualifies the proceeds flowing from the 
application of the additional levy in the dairy sector as “assigned revenue” which have 
to  be  paid  to  the  Community  budget  and,  in  the  event  of  reuse,  have  to  be  used 
exclusively to finance expenditure under the EAGF or the European Agricultural Fund 
for  Rural  Development  (EAFRD).  Article 22  of  Regulation  (EC)  No 1788/2003 
according to which levy proceeds are considered as intervention to stabilise agricultural 
markets and are to be applied to financing expenditure in the milk sector, has therefore 
become obsolete and not been taken over by this Regulation. 

(39)  Various CMOs provide for different kinds of aid schemes.  

37 

OJ L 209, 11.8.2005, p. 1. 

EN 

22 

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(40)  The CMOs for dried fodder and for flax and hemp, introduced processing aids for these 

sectors as a means to govern the internal market in respect of the sectors concerned.  

(41) 

In  view  of  the  special  market  situation  for  cereals  and  potato  starch  the  CMO  for 
cereals contained provisions which allowed the granting of a production refund if that 
proves  necessary.  The  production  refund  has  to  be  of  such  a  nature  that  the  basic 
products  used  by  the  industry  concerned  can  be  made  available  to  it  at  a  lower  price 
than  that  resulting  from  the  application  of  the  common  prices.  The  CMO  for  sugar 
established the possibility of the granting of a production refund in cases where, with 
regard to the manufacturing of certain industrial, chemical or pharmaceutical products 
the need arises to take measures aimed at making available certain sugar products.  

to  withhold 

(42)  Community finance, consisting of the percentage of direct aid that Member States are 
allowed 
in  accordance  with  Article 110i(4)  of  Regulation  (EC) 
No 1782/2003,  is  required  to  encourage  approved  operator  organisations  to  draw  up 
work programmes for the purpose of improving the production quality of olive oil and 
table  olives.  In  that  context,  the  CMO  for  olive  oil  and  table  olives  provided  for 
Community  support  to  be  allocated  in  accordance  with  the  priorities  given  to  the 
activities undertaken within the work programmes in question. 

(43)  To contribute to balancing the milk market and to stabilise the market prices for milk 
and milk products, measures are needed to increase the possibility of disposing of milk 
products. The CMO for milk and milk products therefore provided for the grant of aids 
for the marketing of certain milk products with a view to specific uses and destinations. 
Moreover, that CMO provided for that, in order to stimulate the consumption of milk 
by young people, the  Community should defray a part of the expenditure occasioned 
by granting aid for the supply of milk to pupils in schools.  

(44)  A  Community  tobacco  fund  financed  by  certain  deductions  from  aid  schemes  in  that 
sector  was  established  under  Regulation  (EEC)  No 2075/92  in  view  of  carrying  out 
various  measures  in  respect  of  that  sector.  The  year  2007  will  be  the  last  in  which 
deductions from the aid scheme provided for in Chapter 10c of Title IV of Regulation 
(EC)  No 1782/2003  will  be  made  available  to  the  Community  Tobacco  Fund.  Whilst 
the financing of the fund will expire prior to the entry into force of this Regulation, the 
provisions  of  Article 13  of  Regulation  (EEC)  No 2075/92  should  nevertheless  be 
maintained  to  serve  as  a  legal  basis  for  the  multiannual  programmes  that  may  be 
financed by the Community Tobacco Fund. 

(45)  Beekeeping,  being  a  sector  of  agriculture,  is  characterised  by  diversity  of  production 
conditions and yields and the dispersion and variety of economic operators, both at the 
production  and  marketing  stages.  Moreover,  in  view  of  the  spread  of  varroasis  in 
several Member States in recent years and the problems which that disease causes for 
honey  production,  action  by  the  Community  continues  to  be  necessary  as  varroasis 
cannot  be  completely  eradicated  and  is  to  be  treated  with  approved  products.  Given 
such circumstances and in order to improve the production and marketing of apiculture 
products  in  the  Community,  national  programmes  should  be  drawn  up  every  three 
years,  comprising  technical  assistance,  control  of  varroasis,  rationalisation  of 
transhumance,  management  of  the  restocking  of  hives  in  the  Community,  and 
cooperation  on  research  programmes  on  beekeeping  and  apiculture  products  with  a 
view  to  improving  the  general  conditions  for  the  production  and  marketing  of 

EN 

23 

   EN 

 
apiculture  products.  Those  national  programmes  should  be  partly  financed  by  the 
Community.  

(46)  Regulation  (EC)  No 1544/2006  replaced  all  national  silkworm  aids  by  a  Community 
aid  scheme  for  silkworm  rearing  which  takes  the  form  of  a  fixed  sum  per  box  of 
silkworm eggs used.  

(47)  As  the  policy  considerations  which  led  to  the  introduction  of  the  above  mentioned 
schemes still persist, all these aid schemes should be incorporated in the framework of 
this Regulation.  

(48)  The application of standards for the marketing of agricultural products can contribute 
to improving the economic conditions for the production and marketing as well as the 
quality of such products. The application of such standards is therefore in the interest 
of  producers,  traders  and  consumers.  Accordingly,  within  the  CMOs  for  bananas, 
olives,  live  plants,  eggs  and  poultry  marketing  standards  were  put  in  place  which,  in 
particular,  relate  to  quality,  grading,  weight,  sizing,  packaging,  wrapping,  storage, 
transport, presentation and labelling. It is appropriate to maintain that approach under 
this Regulation. 

(49)  Under the CMOs for olive oil and table olives and bananas the Commission has, so far, 
been entrusted with the adoption of the provisions on marketing standards. Given their 
detailed technical character and the need to constantly improve their effectiveness and 
to adapt them to evolving trade practices, it appears appropriate to extend this approach 
to the other sectors concerned while specifying the criteria to be taken into account by 
the  Commission  in  setting  out  the  relevant  rules.  Moreover,  special  measures,  in 
particular  up-to-date  methods  of  analysis  and  other  measures  to  determine  the 
characteristics of the standards concerned, may need to be adopted to avoid abuses as 
regards the quality and authenticity of the products presented to the consumers and the 
important disturbances on the markets they mayentail. 

(50)  Several  legal  instruments  have  been  put  in  place  to  regulate  the  marketing  and 
designation of milk, milk products and other fats. They pursue the objective to improve 
the position of milk and milk products on the market on the one hand and to ensure a 
fair competition between spreadable fats of milk and non-milk origin on the other, both 
to the benefit of producers and consumers. The rules contained in Council Regulation 
(EEC) No 1898/87 of 2 July 1987 on the protection of designations used in marketing 
milk  and  milk  products38  are  aimed  at  protecting  the  consumer  and  at  establishing 
conditions of competition between milk products and competing products in the field 
of  product  designation,  labelling  and  advertising  which  avoid  any  distortion.  Council 
Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the 
common  organisation  of  the  market  in  milk  and  milk  products  for  drinking  milk39 
provides for rules aimed at guaranteeing a high quality of drinking milk and products 
which  fulfil  consumers’  needs  and  wishes,  thus  stabilising  the  market  concerned  and 
providing  the  consumer  with  high  quality  drinking  milk.  Council  Regulation  (EC) 
No 2991/94 of 5 December 1994 laying down standards for spreadable fats40 sets out 

38 

39 
40 

OJ L 182,  3.7.1987,  p. 36.  Regulation  as  last  amended  by  Commission  Regulation  (EEC)  No 222/88 
(OJ L 28, 1.2.1988, p. 1). 
OJ L 351, 23.12.1997, p. 13. Regulation as last amended by the Act of Accession 2003. 
OJ L 316, 9.12.1994, p. 2. 

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24 

   EN 

 
                                                 
the marketing standards for the milk and non-milk products concerned with a clear and 
distinct classification accompanied by rules on designation. In line with the objectives 
of the present Regulation, these rules should be maintained without changes.  

(51)  As  it  has,  so  far,  been  the  case  under  the  CMO  for  hops,  a  quality  policy  should  be 
implementing  provisions  concerning 
followed 
certification  together  with  rules  prohibiting,  as  a  general  rule,  the  marketing  of 
products  for  which  a  certificate  has  not  been  issued,  or,  in  the  case  of  imported 
products, those which do not comply with equivalent quality characteristics. 

the  Community  by 

throughout 

(52)  The  descriptions  and  definitions  of  olive  oil  and  the  denomination  are  an  essential 
element of the market order by setting quality standards and providing consumers with 
adequate information on the product. 

(53)  One  of  the  aforementioned  aid  schemes  contributing  to  balancing  the  market  in  milk 
and milk products and to stabilising the market prices in that sector consists of an aid 
scheme for the processing of skimmed milk powder into casein and caseinates as it has, 
so  far,  been  contained  in  Article 12  of  Regulation  (EC)  No 1255/1999.  Council 
Regulation (EEC) No 2204/90 of 24 July 1990 laying down additional general rules on 
the common organisation of the market in milk and milk products as regards cheese41 
introduced  rules  concerning  the  use  of  casein  and  caseinates  in  the  manufacture  of 
cheese in order to counter adverse effects that may result from that aid scheme, taking 
into  account  the  vulnerability  of  cheese  to  substitution  operations  with  casein  and 
caseinates,  thereby  intending  to  stabilise  the  market.  These  rules  need  to  be 
incorporated into this Regulation. 

(54)  The processing of certain agricultural raw materials into ethyl alcohol is closely linked 
with  the  economy  of  those  raw  materials.  It  can  contribute  in  large  measure  to 
enhancing their value and may be of particular economic and social importance for the 
economy of certain regions of the Community or may be a significant source of income 
for  the  producers  of  the  raw  materials  concerned.  It  also  permits  the  disposal  of 
products  of  unsatisfactory  quality  and  short-term  surpluses  that  may  cause  temporary 
problems in certain sectors. 

(55) 

In  the  hops,  olives,  tobacco  and  silk  worm  sectors,  certain  policy  instruments  are 
carried out by concentration of efforts on different kinds of organisations, in particular 
in view of stabilising the markets in, and of improving and guaranteeing the quality of, 
the products concerned through joint action. The provisions which have regulated that 
system  of  organisations  so  far  is  based  on  organisations  which  are  recognised  by  the 
Member  States  or,  under  certain  conditions,  by  the  Commission,  in  accordance  with 
provisions  to  be  adopted  by  the  Commission.  That  system  should  be  maintained  and 
the provisions as they have been in place so far should be harmonised.  

(56)  To  support  certain  activities  of  inter-branch  organisations  which  are  of  particular 
interest  in  the  light  of  the  current  rules  concerning  the  CMO  for  tobacco,  provision 
should be made for the rules adopted by an inter-branch organisation for its members 
to be extended, subject to certain conditions, to all non-member producers and groups 
in one or more regions. The same should also apply in respect of other activities of the 

41 

OJ L 201,  31.7.1990,  p. 7.  Regulation  as  last  amended  by  Regulation  (EC)  No 2583/2001  (OJ L 345, 
29.12.2001, p. 6). 

EN 

25 

   EN 

 
                                                 
recognised  inter-branch  organisations  which  are  of  general  economic  or  technical 
interest for the tobacco sector and so be of benefit to all persons active in the branches 
in  question.  There  should  be  close  cooperation  between  the  Member  States  and  the 
Commission. The Commission should have permanent monitoring powers, particularly 
as regards the agreements and concerted practices adopted by such organisations. 

(57)  The  creation  of  a  single  Community  market  involves  the  introduction  of  a  trading 
system at the external borders of the Community. That trading system should include 
import  duties  and  export  refunds  and  should,  in  principle,  stabilise  the  Community 
market.  The  trading  system  should  be  based  on  the  undertakings  accepted  under  the 
Uruguay Round of multilateral trade negotiations. 

(58)  Monitoring  the  volume  in  trade  in  agricultural  products  with  third  countries  in  the 
CMOs for the cereals, rice, sugar, seeds, olives, flax and hemp, beef and veal, milk and 
milk  products,  pigmeat,  sheepmeat  and  goatmeat,  eggs,  poultry  meat,  live  plants  and 
ethyl  alcohol  sectors,  has,  so  far,  both  for  imports  and  exports  been  subject  to  either 
compulsory  licence  systems  or  to  systems where the Commission was empowered to 
introduce licence requirements.  

(59)  Monitoring trade flows is foremost a matter of management which should be addressed 
in a flexible way. Against this background and in the light of the experience gained in 
the CMOs where the management of licences is already conferred on the Commission 
it  appears  appropriate  to  extend  this  approach  to  all  sectors  where  import  and  export 
licences  are  being  used.  The  decision  on  the  introduction  of  licence  requirements 
should be made by the Commission taking account of the need for import licences for 
the  management  of  the  markets  concerned  and,  in  particular,  for  monitoring  the 
imports of the products in question  

(60)  For  the  most  part,  the  customs  duties  applicable  to  agricultural  products  under  the 
World Trade Organisation (WTO) agreements are laid down in the common customs 
tariff. However, for some products of the cereals and rice sectors, the introduction of 
additional  mechanisms  makes  it  necessary  to  provide  for  the  possibility  to  adopt 
derogations. 

(61) 

(62) 

In  order  to  prevent  or  counteract  adverse  effects  on  the  Community  market  which 
could  result  from  imports  of  certain  agricultural  products,  imports  of  such  products 
should be subject to payment of an additional duty, if certain conditions are fulfilled. 

It is appropriate, under certain conditions, to confer on the Commission the power to 
open and administer tariff quotas resulting from international agreements concluded in 
accordance with the Treaty or from other acts of the Council. 

(63)  Council  Regulation  (EEC)  No 2729/75  of  29  October  1975  on  the  import  levies  on 
mixtures of cereals, rice and broken rice42 pursues the aim to ensure the proper working 
of the duty system in the case of imports of mixtures of cereals, rice and broken rice. 
These rules should be included in this Regulation.  

42 

OJ  L  281,  1.11.1975,  p. 18.  Regulation  as  amended  by  Regulation  (EC)  No 3290/94  (OJ L 349, 
31.12.1994, p. 105). 

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26 

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(64)  The  Community  has  concluded  several  preferential  market  access  arrangements  with 
third  countries  which  allow  those  countries  to  export  cane  sugar  to  the  Community 
under favourable conditions. Therefore, it is necessary to evaluate the refiners' need for 
sugar  for  refining  and,  under  certain  conditions,  to  reserve  import  licences  to 
specialised  users  of  significant  quantities  of  imported  raw  cane  sugar,  which  are 
considered to be full-time refiners in the Community. 

(65) 

In order to prevent illicit crops from disturbing the CMO in hemp for fibre, provision 
should  be  made  for  checks  on  imports  of  hemp  and  hemp  seed  to  ensure  that  such 
products  offer  certain  guarantees  with  regard  to  the  tetrahydrocannabinol  content.  In 
addition,  imports  of  hemp  seeds  intended  for  uses  other  than  sowing  should  be 
subjected to a control system which makes provision for a system for authorising the 
importers concerned. 

(66)  A quality policy is being followed throughout the Community as regards products of 
the hops sector. In the case of imported products, provision needs to be made to ensure 
that  only  products  complying  with  equivalent  minimum  quality  characteristics  are 
imported. 

(67)  The  customs  duty  system  makes  it  possible  to  dispense  with  all  other  protective 
measures  at  the  external  frontiers  of  the  Community.  The  internal  market  and  duty 
mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, 
in order not to leave the Community market without defence against disturbances that 
might  ensue,  the  Community  should  be  able  to  take  all  necessary  measures  without 
delay.  Such  measures  should  comply  with  the  international  commitments  of  the 
Community. 

(68)  To ensure the proper functioning of the CMOs and, in particular, avoid markets to be 
disturbed, the CMOs for a number of products traditionally provide for the possibility 
to  prohibit  the  use  of  inward  and  outward  processing  arrangements.  This  possibility 
should  be  maintained.  Moreover,  experience  shows  that  in  order  for  this  market 
management  instrument  to  reach  its  objectives  it  usually  needs  to  be  applied  without 
major delays. In certain sectors the Commission is therefore entrusted with the relevant 
powers. It is appropriate to extend this approach to the other sectors concerned. 

(69)  Provisions  for  granting  refunds  on  exports  to  third  countries,  based  on  the  difference 
between prices within the Community and on the world market, and falling within the 
limits set by the Community's commitments in the WTO, should serve to safeguard the 
Community’s  participation  in  international  trade  in  certain  of  the  products  falling 
within this Regulation. Subsidised exports should be subject to limits in terms of value 
and quantity. 

(70)  Compliance with the limits in terms of value should be ensured at the time when the 
export refunds are fixed through the monitoring of payments under the rules relating to 
the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export 
refunds,  while  allowing  the  possibility,  in  the  case  of  differentiated  refunds,  of 
changing the specified destination within a geographical area to which a single export 
refund rate applies. In the case of a change of destination, the export refund applicable 
to the actual destination should be paid, with a ceiling of the amount applicable to the 
destination fixed in advance. 

EN 

27 

   EN 

 
(71)  Compliance  with  the  quantity  limits  should  be  ensured  by  a  reliable  and  effective 
system  of  monitoring.  To  that  end,  the  granting  of  export  refunds  should  be  made 
subject  to  an  export  licence.  Export  refunds  should  be  granted  up  to  the  limits 
available, depending on the particular situation of each product concerned. Exceptions 
to that rule should be permitted only for processed products not listed in Annex I to the 
Treaty, to which volume limits do not apply. Provision should be made for derogating 
from  strict  compliance  with  management  rules  where  exports  benefiting  from  export 
refunds are not likely to exceed the quantity laid down. 

(72) 

In the case of the export of live bovine animals, provision should be made that export 
refunds  are  granted  and  paid  only  if  the  provisions  established  in  Community 
legislation concerning animal welfare, in particular those concerning the protection of 
animals during transport, are respected. 

(73)  Agricultural  products  may  in  certain  cases  benefit  from  a  special  import  treatment  in 
third  countries  if  the  products  comply  with  certain  specifications  and/or  price 
conditions.  Administrative  cooperation  between  the  authorities  in  the  importing  third 
country and the Community is necessary to ensure correct application of such a system. 
To  that  end  the  products  should  be  accompanied  by  a  certificate  issued  in  the 
Community. 

(74)  Exports of flowering bulbs to third countries are of considerable economic importance 
to the Community. The continuation and development of such exports may be ensured 
by  stabilising  prices  in  this  trade.  Provision  should  therefore  be  made  for  minimum 
export prices for the products in question. 

(75) 

In accordance with Article 36 of the Treaty the provisions of the chapter of the Treaty 
relating  to  rules  on  competition  shall  apply to  production  of  and  trade  in  agricultural 
products  only  to  the  extent  determined  by  the  Council  within  the  framework  of 
Article 37(2)  and  (3)  and  in  accordance  with  the  procedure  laid  down  therein.  In  the 
various  CMOs  the  provisions  on  state  aid  had  been  largely  declared  applicable.  The 
application in particular of the Treaty rules applying to undertakings was furthermore 
defined  in  Council  Regulation  (EC)  No 1184/2006  of  24  July  2006  applying  certain 
rules on competition to the production of, and trade in, agricultural products43. In line 
with  the  objective  to  create  one  comprehensive  set  of  market  policy  rules  it  is 
appropriate to incorporate the provisions concerned in this Regulation. 

(76)  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 should 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 CAP. 

(77)  Special  attention  is  warranted  in  the  case  of  farmers'  organisations  the  particular 
objective of which is the joint production or marketing of agricultural products or the 
use  of  joint  facilities,  unless  such  joint  action  excludes  competition  or  jeopardises 
attainment of the objectives of Article 33 of the Treaty. 

43 

OJ L 214, 4.8.2006, p. 7. 

EN 

28 

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(78) 

In  order  both  to  avoid  compromising  the  development  of  a  CAP  and  to  ensure  legal 
certainty  and  non-discriminatory  treatment  of  the  undertakings  concerned,  the 
Commission  should  have  sole  power,  subject  to  review  by  the  Court  of  Justice,  to 
determine whether agreements, decisions and practices referred to in Article 81 of the 
Treaty are compatible with the objectives of the CAP. 

(79)  The  proper  working  of  the  single  market  based  on  common  prices  would  be 
jeopardised  by  the  granting  of  national  aid.  Therefore,  the  provisions  of  the  Treaty 
governing  State  aid  should,  as  a  general  rule,  apply  to  the  products  covered  by  this 
Regulation. In certain situations exceptions should be allowed. Where such exceptions 
apply, the Commission should, however, be in a position to draw up a list of existing, 
new or proposed national aids, to make appropriate observations to the Member States 
and to propose suitable measures to them. 

(80)  Since  accession,  Finland  and  Sweden  may,  due  to  the  specific  economic  situation  of 
the  production  and  marketing  of  reindeer  and  reindeer  products,  grant  aids  in  that 
regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid 
respectively  for  certain  quantities  of  seeds  and  for  certain  quantities  of  cereal  seed 
produced  solely  in  Finland,  because  of  its  specific  climatic  conditions.  These 
exceptions need to be maintained.  

(81) 

In Member States with a significant reduction of sugar quota, sugar beet growers will 
face particularly severe adaptation problems. In such cases the transitional Community 
aid to sugar beet growers [provided for in Chapter 10f of Title IV of Regulation (EC) 
No 1782/2003]  will  not  suffice  to  fully  address  the  beet  growers'  difficulties. 
Therefore,  Member  States  having  reduced  their  quota  by  more  than  50 %  should  be 
authorised to grant State aid to sugar beet growers during the period of application of 
the transitional Community aid. To avoid Member States granting State aid exceeding 
the needs of their sugar beet growers, the determination of the total amount of the State 
aid concerned should be made subject to Commission approval, except in the case of 
Italy where the maximum need for most productive sugar beet to adapt to the market 
conditions  after  the  reform  can  be  estimated  at  EUR  11  per  tonne  of  sugar  beet 
produced. Moreover, due to the particular problems expected to arise in Italy, provision 
should  be  made  for  arrangements  allowing  sugar  beet  growers  to  benefit  directly  or 
indirectly from the State aid granted. 

(82) 

In  Finland  sugar  beet  growing  is  subject  to  particular  geographical  and  climatic 
conditions  which  will  adversely  affect  the  growing  beyond  the  general  effects  of  the 
sugar  reform.  For  this  reason  provision  should  be  made  for  authorising  that  Member 
State on a permanent basis to grant its sugar beet growers an adequate amount of State 
aid. 

(83)  Given the particular situation in Germany, where national support is currently granted 
to a large number of smaller producers of alcohol under the specific conditions of the 
German Alcohol Monopoly, it is necessary to permit, during a limited period of time, 
the continuation of the granting of such support. It is also necessary to provide for the 
submission of a report on the functioning of that derogation, at the end of that period, 
accompanied with any appropriate proposals. 

(84) 

If a Member State wishes to support, on its territory, measures promoting consumption 
of  milk  and  milk  products  in  the  Community,  provision  should  be  made  for  the 

EN 

29 

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possibility  of  financing  such  measures  by  a  promotional  levy  on  milk  producers  at 
national level. 

(85) 

In  order  to  take  account  of  possible  evolutions  of  the  dried  fodder  production,  the 
Commission  should,  before  30  September  2008,  on  the  basis  of  an  evaluation  of  the 
CMO for dried fodder, present a report to the Council on that sector. The report should 
be  accompanied,  if  needed,  by  appropriate  proposals.  Moreover,  the  Commission 
should report at regular intervals to the European Parliament and the Council on the aid 
scheme applied in respect of the apiculture sector. 

(86)  Adequate information is needed about the present state of the market in hops within the 
Community and the prospects for its development. Provision should therefore be made 
for the registration of all contracts to supply hops produced within the Community. 

(87) 

(88) 

It  is  appropriate  to  provide,  under  certain  conditions  and  for  certain  products,  for 
measures to be taken in cases where disturbances are occurring or are likely to occur 
due  to  significant  changes  of  the  internal  market  prices  or  as  regards  quotations  or 
prices on the world market. 

It  is  necessary  to  establish  a  framework  of  specific  measures  for  ethyl  alcohol  of 
agricultural  origin  so  that  economic  data  can  be  collected  and  statistical  information 
analysed  for  the  purpose  of  monitoring  the  market.  In  so  far  as  the  market  in  ethyl 
alcohol  of  agricultural  origin  is  linked  to  the  market  in  ethyl  alcohol  in  general, 
information also needs to be made available concerning the market in ethyl alcohol of 
non-agricultural origin.  

(89)  Expenditure incurred by the Member States as a result of the obligations arising from 
the application of this Regulation should be financed by the Community in accordance 
with Regulation (EC) No 1290/2005. 

(90)  The  Commission  should  be  authorised  to  adopt  the  necessary  measures  to  solve 

practical specific problems in case of emergency. 

(91)  Since  the  common  markets  in  agricultural  products  are  continuously  evolving,  the 
Member  States  and  the  Commission  should  keep  each  other  informed  of  relevant 
developments. 

(92) 

In order to avoid abuse of any of the advantages provided for in this Regulation, such 
advantages should not be granted or, as the case may be, be withdrawn, in cases where 
it  is  found  that  the  conditions  for  obtaining  any  of  those  advantages  have  artificially 
been created contrary to the objectives of this Regulation. 

(93)  To guarantee compliance with the obligations laid down by this Regulation, there is a 
need for controls and the application of penalties in case of non-compliance with such 
obligations. The power should, therefore, be conferred on the Commission to set up the 
corresponding rules including those concerning the recovery of undue payments and on 
the reporting obligations of the Member States. 

(94)  The measures necessary for the implementation of this Regulation should, as a general 
rule,  be  adopted  in  accordance  with  Council  Decision  1999/468/EC  of  28  June  1999 

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laying down the procedures for the exercise of implementing powers conferred on the 
Commission44.  However,  in  respect  of  certain  powers  under  this  Regulation  which 
relate  to  genuine  Commission  competences,  require  swift  action  or  are  of  a  purely 
administrative nature, the Commission should be empowered to act on its own.  

(95)  This  Regulation  confers  powers  on  the  Commission  which  had,  in  the  past,  been 
conferred  on  the  Council  for  adoption  in  accordance  with  the  voting  procedure  of 
Article 37  of  the  Treaty.  Such  Council  acts  need  to  remain  in  force  until  the 
Commission adopts the relevant provisions based on the powers conferred on it by this 
Regulation. To avoid that in such cases there would be parallel provisions adopted by 
the  Council  on  the  one  hand  and  by  the  Commission  on  the  other,  the  Commission 
should be entitled to repeal such Council acts.  

(96)  Due  to  the  incorporation  of  various  aspects  of  the  CMOs  in  wine  and  fresh  and 
processed  fruit  and  vegetables,  certain  amendments  need  to  be  introduced  to  these 
CMOs.  

(97)  This Regulation incorporates provisions concerning the applicability of the competition 
rules under the Treaty. Such provisions have, so far, been dealt with in Regulation (EC) 
No 1184/2006.  That  Regulation  needs  to  be  amended  to  spell  out  that  its  provisions 
apply  to  products  listed  in  Annex I  to  the  Treaty  that  are  not  covered  by  this 
Regulation. 

(98)  This  Regulation  incorporates  the  aspects  contained  in  the  Regulations  listed  in 
recitals (2)  and  (3)  with  the  exception  of  those  contained  in  Regulations  (EC)  No 
2200/96,  (EC)  No  2201/96  and  (EC)  No  1493/1999.  Moreover,  this  Regulation 
incorporates the aspects of the following Regulations: 

– 

– 

– 

– 

– 

– 

– 

Regulation (EEC) No 2729/75; 

Council Regulation (EEC) No 707/76 of 25 March 1976 on the recognition of 
producer groups of silkworm rearers45; 

Council  Regulation  (EEC)  No 1055/77  of  17  May  1977  on  the  storage  and 
movement of products bought in by an intervention agency46; 

Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of 
assistance for the exportation of agricultural products which may benefit from a 
special import treatment in a third country47; 

Regulation (EEC) No 1898/87; 

Regulation (EEC) No 3730/87; 

Council  Regulation  (EEC)  No 386/90  of  12  February  1990  on  the  monitoring 
carried  out  at  the  time  of  export  of  agricultural  products  receiving  refunds  or 
other amounts48; 

44 

45 
46 
47 
48 

OJ L 184,  17.7.1999,  p. 23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ L 200,  22.7.2006, 
p. 11). 
OJ L 84, 31.3.1976, p. 1. 
OJ L 128, 24.5.1977, p. 1. 
OJ L 334, 28.12.1979, p. 8. 
OJ  L 42,  16.2.1990, p. 6.  Regulation  as  amended by  Regulation (EC) No 163/94  (OJ L 24,  29.1.1994, 
p. 2). 

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– 

– 

– 

– 

– 

– 

– 

– 

Council Regulation  (EEC) No 1186/90  of 7 May 1990 extending the scope of 
the  Community  scale  for  the  classification  of  carcases  of  adult  bovine 
animals49; 

Regulation (EEC) No 2204/90; 

Council Regulation (EEC) No 2077/92 of 30 June 1992 concerning inter-branch 
organizations and agreements in the tobacco sector50; 

Regulation (EC) No 2991/94; 

Regulation (EC) No 2597/97; 

Council  Regulation  (EC)  No 2250/1999  of  22  October  1999  concerning  the 
tariff quota for butter of New Zealand origin51; 

Regulation (EC) No 1788/2003; 

Council  Regulation  (EC)  No 1183/2006  of  24  July  2006  concerning  the 
Community scale for the classification of carcasses of adult bovine animals52. 

(99)  Those  Regulations  should  therefore  be  repealed.  However,  it  should  be  foreseen  that 
the change-over from the existing CMOs to this Regulation only applies as of the start 
of  the  marketing  years  for  the  products  concerned.  Therefore,  the  respective 
Regulations should continue to apply until the end of the corresponding marketing year 
2007/2008. Where no marketing years are being laid down, this Regulation should start 
to  apply  on  1  January  2008  and  the  respective  Regulations  of  the  existing  CMOs 
should, therefore, continue to apply until that moment. As concerns Regulations (EC) 
386/90, 1186/90 and 1183/2006, the competence for the adoption of the substance dealt 
with by those Regulations is being transferred to the Commission by this Regulation. 
Some  more  time  should  be  allowed  for  the  Commission  to  establish  the  respective 
rules. Those Regulations should therefore continue to apply until 31 December 2008.  

(100)  The following Council acts have become redundant and should be repealed: 

– 

– 

– 

Council  Regulation  (EEC)  No  2517/69  of  9  December  1969  laying  down 
certain measures for reorganising Community fruit production53; 

Council  Regulation  (EEC)  No 2728/75  of  29  October  1975  on  aids  for  the 
production of and trade in potato starch and potatoes for starch manufacture54; 

Council  Regulation  (EEC)  No 1358/80  of  5  June  1980  fixing  the  guide  price 
and  the  intervention  price  for  adult  bovine  animals  for  the  1980/81  marketing 
year  and  introducing  a  Community  grading  scale  for  carcases  of  adult  bovine 
animals55; 

49 
50 
51 
52 
53 

54 
55 

OJ L 119, 11.5.1990, p. 32. Regulation as amended by the Act of Accession of 1994. 
OJ L 215, 30.7.1992, p. 80. 
OJ L 275, 26.10.1999, p. 4. 
OJ L 214, 4.8.2006, p. 1. 
OJ L 318, 18.12.1969, p. 15. Regulation as last amended by Regulation (EEC) No 1153/78 (OJ L 144, 
31.5.1978, p. 4). 
OJ L 281, 1.11.1975, p. 17. 
OJ L 140, 5/6/1980 p. 4. 

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– 

– 

Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions 
for the application of preferential customs duties on imports of certain flowers 
originating in Cyprus, Israel and Jordan56; 

Council  Decision  74/583/EEC  of  20  November  1974  on  the  monitoring  of 
sugar movements57. 

(101)  The  change-over  from  the  current  arrangements  provided  for  in  provisions  and 
Regulations  that  are  being  replaced  by  this  Regulation  could  give  rise  to  difficulties 
which are not dealt with in this Regulation. In order to deal with such difficulties, the 
Commission should be enabled to adopt transitional measures. 

(102)  This Regulation should, as a general rule, start to apply on 1 January 2008. However, 
in order to avoid interferences of the new provisions with marketing years which will 
be ongoing at that time, certain exceptions should be provided for as regards the date of 
application of this Regulation in respect of certain products, 

HAS ADOPTED THIS REGULATION: 

56 

57 

OJ  L  382,  31.12.1987,  p. 22.  Regulation  as  last  amended  by  Regulation  (EC)  No 1300/97  (OJ L 177 
5.7.1997 p. 1). 
OJ L 317, 27.11.1974, p. 21. 

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PART I 
INTRODUCTORY PROVISIONS 

Article 1 
Scope 

1. 

This Regulation establishes a common organisation of the markets for the products of 
the following sectors as further set out in Annex I: 

(a) 

cereals, Part I of Annex I (hereinafter referred to as "the cereals sector"); 

(b) 

rice, Part II of Annex I (hereinafter referred to as "the rice sector"); 

(c) 

sugar, Part III of Annex I (hereinafter referred to as "the sugar sector"; 

(d)  dried  fodder,  Part IV  of  Annex I  (hereinafter  referred  to  as  "the  dried  fodder 

sector"); 

(e) 

seeds, Part V of Annex I (hereinafter referred to as "the seeds sector"); 

(f) 

hops, Part VI of Annex I (hereinafter referred to as "the hops sector"); 

(g)  olive  oil  and  table  olives,  Part VII  of  Annex I  (hereinafter  referred  to  as  "the 

olives sector"); 

(h) 

flax  and  hemp,  Part VIII  of  Annex I  (hereinafter  referred  to  as  "the  flax  and 
hemp sector"); 

(i) 

(j) 

fruit and vegetables, Part IX of Annex I (hereinafter referred to as "the fruit and 
vegetables sector"); 

processed fruit and vegetables, Part X of Annex I (hereinafter referred to as "the 
processed fruit and vegetables sector"); 

(k)  bananas, Part XI of Annex I (hereinafter referred to as "the bananas sector"); 

(l)  wine, Part XII of Annex I (hereinafter referred to as "the wine sector"); ; 

(m) 

live  plants,  Part XIII  of  Annex I  (hereinafter  referred  to  as  "the  live  plants 
sector"); 

(n) 

raw tobacco, Part XIV of Annex I (hereinafter  referred to  as "the raw tobacco 
sector"); 

(o)  beef and veal, Part XV of Annex I (hereinafter referred to as "the beef and veal 

sector"); 

(p)  milk  and  milk  products,  Part XVI  of  Annex I  (hereinafter  referred  to  as  "the 

milk and milk products sector"); 

(q)  pigmeat, Part XVII of Annex I (hereinafter referred to as "the pigmeat sector"); 

(r) 

sheep meat and goat meat, Part XVIII of Annex I (hereinafter referred to as "the 
sheep meat and goat meat sector"); 

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(s) 

eggs, Part XIX of Annex I (hereinafter referred to as "the eggs sector"); 

(t) 

poultry  meat,  Part XX  of  Annex I  (hereinafter  referred  to  as  "the  poultry 
sector"); 

(u)  other products, Part XXI of Annex I. 

2. 

In  respect  of  the  fruit  and  vegetables,  processed  fruit  and  vegetables,  and  wine 
sectors, only the following provisions of this Regulation shall apply: 

(a)  Articles 3 and 4; 

(b)  Part IV; 

(c)  Article 183 ; 

(d)  Article 184; 

(e)  Article 185; 

(f)  Article 188 and the first paragraph of Article 189; 

(g)  point (a) of Article 195. 

3. 

This Regulation establishes specific measures for the following sectors as listed and, 
as the case may be, further defined in Annex II: 

(a) 

(b) 

(c) 

ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter referred to as 
"the ethyl alcohol sector"); 

apiculture  products,  Part II  of  Annex II  (hereinafter  referred  to  as  "the 
apiculture sector"); 

silkworms,  Part III  of  Annex II  (hereinafter  referred  to  as  "the  silkworm 
sector"); 

Article 2 
Definitions 

1. 

2. 

For the purposes of application of this Regulation, the definitions concerning certain 
sectors as set out in Annex III shall apply. 

For the purposes of this Regulation: 

(a) 

(b) 

'farmer'  shall  mean  a  farmer  as  defined  in  Article 2(a)  of  Regulation  (EC) 
No 1782/2003; 

'paying agency' shall mean the body or the bodies assigned by a Member State 
in accordance with Regulation (EC) No 1290/2005. 

Article 3 
Marketing years 

1. 

The following marketing years shall be established: 

(a) 

1 January to 31 December of a given year for the banana sector; 

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(b)  1 April to 31 March of the following year for: 

(i) 

the dried fodder sector, 

(ii) 

the silkworm sector; 

(c) 

1 July to 30 June of the following year for: 

(i) 

the cereals sector, 

(ii) 

the seeds sector, 

(iii) 

the olives sector, 

(iv) 

the flax and hemp sector, 

(v) 

the milk and milk products sector; 

(d)  1 August to 31 July of the following year for the wine sector; 

(e) 

1 September to 31 August of the following year for the rice sector; 

(f) 

1 October to 30 September of the following year for the sugar sector. 

2. 

For  the  products  of  the  fruit  and  vegetables  and  processed  fruit  and  vegetables 
sectors, the marketing years shall, if necessary, be fixed by the Commission. 

Article 4 
Implementing rules 

The  Commission  may  adopt  the  detailed  rules  for  the  application  of  Articles  2  and  3,  in 
particular concerning the fixing of the conversion rates for rice at various stages of processing, 
the processing costs and the value of by-products. 

The Commission may amend the definitions concerning rice set out in Part I of Annex III and 
the definition of "ACP/Indian sugar" set out in point 12 of Part II of that Annex.  

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PART II 
INTERNAL MARKET 

TITLE I 
MARKET INTERVENTION 

CHAPTER I 
PUBLIC INTERVENTION AND PRIVATE STORAGE 

SECTION I 
GENERAL PROVISIONS 

Article 5 
Scope 

1. 

This  Chapter  lays  down  the  rules  concerning,  where  applicable,  buying-in  under 
public  intervention  and  the  granting  of  aids  for  private  storage  with  regard  to  the 
following sectors:  

(a) 

cereals, 

(b) 

rice, 

(c) 

sugar, 

(d)  olives, 

(e) 

beef and veal, 

(f)  milk and milk products, 

(g)  pigmeat, 

(h) 

sheep meat and goat meat; 

2. 

For the purposes of this Chapter: 

(a) 

"cereals" shall mean cereals harvested in the Community, 

(b) 

"milk" shall mean cow's milk produced in the Community, 

(c) 

"skimmed  milk"  shall  mean  skimmed  milk  obtained  directly  and  exclusively 
from cow's milk produced in the Community, 

(d) 

"cream" shall mean cream obtained directly and exclusively from milk. 

Article 6 
Community origin 

Without prejudice to Article 5(2) only products originating in the Community shall be eligible 
for buying-in under public intervention or for the granting of aid for their private storage.  

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Article 7 
Reference prices 

1. 

For  products  subject  to  the  intervention  measures  referred  to  in  Article  5(1)  the 
following reference prices shall be fixed: 

(a) 

as regards the cereals-sector: 

EUR 101,31/tonne, monthly increased as follows: 

– 

– 

– 

– 

November: by EUR 0,46/tonne, 

December: by EUR 0,92/tonne, 

January: by EUR 1,38/tonne, 

February: by EUR 1,84/tonne, 

–  March: by EUR 2,30/tonne, 

– 

April: by EUR 2,76/tonne, 

–  May: by EUR 3,22/tonne, 

– 

June: by EUR 3,22/tonne. 

The price valid for maize and grain sorghum in June shall remain valid in July, 
August and September of the same year; 

(b) 

as  regards  paddy  rice,  EUR  150/tonne  for  standard  quality  as  defined  by  the 
Commission  taking  into  account  the  market  and  trade  environment  and  any 
relevant  developments  thereof,  in  particular  the  marketable  quality  and  yield 
characteristics and the moisture content;  

(c) 

as regards sugar:  

(i) 

for white sugar: 

– 

– 

EUR 541,5/tonne for the marketing year 2008/2009, 

EUR 404,4/tonne as from the marketing year 2009/2010; 

(ii) 

for raw sugar: 

– 

– 

EUR 448,8/tonne for the marketing year 2008/2009, 

EUR 335,2/tonne as from the marketing year 2009/2010. 

The  reference  prices  referred  to  in  points  (i)  and  (ii)  shall  apply  to  unpacked 
sugar, ex factory of standard quality as defined by the Commission taking into 
account  the  market  and  trade  environment  and  any  relevant  developments 
thereof, in particular the marketable quality characteristics with regard to white 
sugar and, with regard to raw sugar, its yield in white sugar; 

(d) 

as  regards  the  beef  and  veal  sector,  EUR  2 224/tonne  for  carcases  of  male 
bovine  animals  of  standard  quality  as  defined  by  the  Commission  in  the 
Community  scale  for  grading  carcases  in  accordance  with  point (a)  of 
Article 39(1); 

(e) 

as regards the milk and milk products sector:  

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(i)  EUR 246,39 per 100 kg for butter; 

(ii)  EUR 174,69 per 100 kg for skimmed milk powder; 

(f)  As regards the pigmeat sector, EUR 1509,39/tonne for pig carcases of standard 
quality  as  defined  by  the  Commission  in  the  Community  scale  for  grading 
carcases in accordance with point (b) of Article 39(1). 

2. 

The  Council,  acting  in  accordance  with  the  procedure  laid  down  in  Article 37(2)  of 
the Treaty, may change the reference prices fixed in paragraph 1 of this Article in the 
light of developments in production and the markets. 

Article 8 
Price reporting in the sugar market 

The Commission shall set up an information system on prices in the sugar market, including a 
system for the publication of price levels for the sugar market.  

The system shall be based on information submitted by undertakings producing white sugar or 
by  other  operators  involved  in  the  sugar  trade.  This  information  shall  be  treated  with 
confidentiality. The Commission shall ensure that the information published shall not permit 
to identify the prices of individual undertakings or operators; 

SECTION II 
PUBLIC INTERVENTION 

SUBSECTION I 
GENERAL PROVISIONS 

Article 9 
Products eligible for public intervention 

Public  intervention  shall  be  applicable  in  respect  of  the  following  products  subject  to  the 
conditions stipulated in this Section and further requirements and conditions to be determined 
by the Commission in accordance with Article 40: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

common wheat, durum wheat, barley, maize and sorghum; 

paddy rice; 

any white or raw sugar provided that  the sugar concerned has been produced under 
quota and manufactured from beet or cane harvested in the Community; 

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 
and 0201 20 20 to 0201 20 50; 

butter  produced  directly  and  exclusively  from  pasteurised  cream  in  an  approved 
undertaking  of  the  Community  of  a  minimum  butterfat  content,  by  weight,  of  82 % 
and a maximum water content, by weight, of 16 %;  

skimmed  milk  powder  of  top  quality  made  by  the  spray  process  and  obtained  in  an 
approved  undertaking  of  the  Community,  directly  and  exclusively  from  skimmed 

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milk,  with  a  minimum  protein-content  of  35,6 %  by  weight  of  the  non-fatty  dry 
extract.  

SUBSECTION II 
OPENING AND SUSPENSION OF BUYING- IN 

Article 10 
Cereals 

1. 

For cereals products public intervention shall be open: 

(a) 

from 1 August to 30 April in the case of Greece, Spain, Italy and Portugal; 

(b) 

from 1 December to 30 June in the case of Sweden; 

(c) 

from 1 November to 31 May in the case of the other Member States. 

2. 

In  the  event  of  the  intervention  period  in  Sweden  leading  to  the  diversion  of  such 
cereals  products  from  other  Member  States  into  intervention  in  Sweden,  the 
Commission shall adopt the measures to rectify the position. 

Article 11 
Rice 

For  paddy  rice  public  intervention  shall  be  open  during  the  period  1 April  to  31 July. 
However, buying into public intervention shall only be carried out within the limits of 75 000 
tonnes per period.  

Article 12 
Sugar 

1. 

2. 

1. 

2. 

For sugar public intervention shall be open throughout the marketing years 2008/2009 
and  2009/2010.  However,  public  intervention  shall  only  be  carried  out  within  the 
limits of 600 000 tonnes, expressed in white sugar, per marketing year.  

Sugar  stored  in  accordance  with  the  provisions  of  paragraph 1  during  a  marketing 
year may not be subject to any other storage measures in accordance with Articles 29, 
49 or 60. 

Article 13 
Beef and veal 

The Commission shall open public intervention for beef and veal if, for a period of 
two consecutive weeks, the average market price in a Member State or in a region of 
a Member State recorded on the basis of the Community scale adopted in accordance 
with point (a) of Article 39(1) falls short of EUR 1 560/tonne. 

The Commission shall close the public intervention when during at least one week the 
condition referred to in paragraph 1 is no longer met. 

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Article 14 
Butter 

1. 

2. 

If,  for  a  period  of  two  consecutive  weeks,  market  prices  for  butter  in  one  or  more 
Member States, are less than 92 % of the reference price, the Commission shall open 
public  intervention  for  butter  in  the  Member  State  or  Member  States  concerned 
during the period 1 March to 31 August of any year.  

Once the market prices of butter in the Member State or Member States concerned, 
over a period of two consecutive weeks, are 92 % or more of the reference price, the 
Commission shall suspend buying-in by public intervention.  

Moreover, where the quantities offered for intervention during the period stipulated in 
the first subparagraph exceed 30 000 tonnes, the Commission may suspend buying-in 
by  public  intervention.  In  that  case,  buying-in  may  be  carried  out  on  the  basis  of  a 
tendering procedure according to specifications to be determined by the Commission. 

3. 

The Commission shall lay down the detailed rules for the establishment of the market 
prices for butter.  

Article 15 
Skimmed milk powder 

For  skimmed  milk  powder  public  intervention  shall  be  open  during  the  period  1 March  to 
31 August.  

However, the Commission may suspend public intervention as soon as the quantities offered 
for intervention  in  that  period  exceed 109 000 tonnes. In that case buying-in may  be  carried 
out on the basis of a tendering procedure according to specifications to be determined by the 
Commission. 

SUBSECTION III 
INTERVENTION PRICE 

Article 16 
Cereals 

The  intervention  price  for  cereals  at  which  buying  in  shall  take  place  shall  be  equal  to  the 
reference price.  

However, if the quality of the products offered to the paying agency differs from the standard 
quality, the intervention price shall be adjusted by applying price increases or reductions. 

Article 17 
Rice 

The  intervention  price  for  rice  at  which  buying  in  shall  take  place  shall  be  equal  to  the 
reference price.  

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However, if the quality of the products offered to the paying agency differs from the standard 
quality, the intervention price shall be adjusted by applying price increases or reductions. 

Moreover price increases and reductions may be fixed by the Commission in order to ensure 
that production is orientated towards certain varieties. 

Article 18 
Sugar 

Sugar shall be bought in at 80 % of the reference price fixed for the marketing year following 
the marketing year during which the offer is lodged.  

However,  if  the  quality  of  the  sugar  offered  to  the  paying  agency  differs  from  the  standard 
quality  referred  to  in  point  (c)  of  Article  7(1)  for  which  the  reference  price  is  fixed,  the 
intervention price shall be increased or reduced accordingly. 

Article 19 
Beef and veal 

1. 

2. 

For beef and veal the intervention prices and the quantities accepted for intervention 
shall be determined by the Commission by means of tendering procedures. In special 
circumstances, they may be fixed per Member State or per region of a Member State 
on the basis of recorded average market prices. 

Only offers equal to or less than the average market price recorded in a Member State 
or a region of a Member State and increased by an amount to be determined by the 
Commission on the basis of objective criteria may be accepted. 

Article 20 
Butter 

Without prejudice to the fixing of the intervention price by means of a tendering procedure in 
the case referred to in the second subparagraph of Article 14(2),  butter shall be bought in at 
90 % of the reference price. 

Article 21 
Skimmed milk powder 

Without prejudice to the fixing of the intervention price by means of a tendering procedure in 
the case referred to in the second paragraph of Article 15, the intervention price for skimmed 
milk powder at which buying in shall take place shall be equal to the reference price.  

However,  if  the  actual  protein  content  is  less  than  the  minimum  protein  content  of  35,6 % 
fixed  in  point  (f)  of  Article  9but  not  less  than  31,4 %  of  the  non-fatty  dry  extract,  the 
intervention price shall be equal to the reference price less 1,75 % for each percentage point by 
which the protein content is lower than 35,6 %. 

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SUBSECTION IV 
DISPOSAL FROM INTERVENTION 

Article 22 
General principles 

Disposal of products bought into public intervention shall take place in such a way as to avoid 
any  disturbance  of  the  market  and  to  ensure  equal  access  to  goods  and  equal  treatment  of 
purchasers.  

Article 23 
Sugar disposal 

As regards sugar bought-in under public intervention, paying agencies may sell sugar only at a 
price which is higher than the reference price fixed for the marketing year in which the sale 
takes place. 

However,  the  Commission  may  decide,  whilst  respecting  the  commitments  resulting  from 
agreements concluded in accordance with Article 300 of the Treaty, that paying agencies: 

(a) 

may sell sugar at a price equal to or lower than the reference price referred to in the 
first subparagraph if the sugar is intended: 

(i) 

for use as animal feed, or 

(ii) 

for  export,  either  without  further  processing  or  after  processing  into  products 
listed in Annex I to the Treaty or into goods listed in Part III of Annex XVII to 
this Regulation. 

(b) 

are to make unprocessed sugar held by them available, for human consumption on the 
internal  market  of  the  Community,  to  charitable  organisations  —  recognised  by  the 
Member State concerned or by the Commission in cases where a Member State has 
not  recognised  any  such  organisation  —  at  a  price  which  is  lower  than  the  current 
reference price or free of charge for the distribution as part of individual emergency 
aid operations. 

Article 24 
Distribution to the most deprived persons in the Community 

1. 

Products  which  are  in  intervention  stocks  shall  be  made  available  to  certain 
designated organisations to enable food to be distributed to the most deprived persons 
in the Community in accordance with an annual plan. 

The distribution shall be: 

(a) 

free of charge, or 

(b) 

at a price which in no case is greater than that justified by the costs incurred by 
the designated organisations in implementing the action. 

2. 

A product may be mobilised on the Community market where: 

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(a) 

(b) 

it  is  temporarily  unavailable  in  Community  intervention  stocks  during 
implementation  of  the  annual  plan  referred  to  in  paragraph 1,  to  the  extent 
necessary to allow implementation of the plan in one or more Member States, 
or 

implementation of the plan would involve the transfer between Member States 
of small quantities of products in intervention in a Member State other than that 
or those in which the product is required. 

Member States concerned shall designate the organisations referred to in paragraph 1 
and  shall  notify  the  Commission  in  due  time  each  year  if  they  wish  to  apply  this 
scheme. 

Products  referred  to  in  paragraphs  1  and  2  shall  be  released  free  of  charge  to  the 
designated  organisations.  The  accounting  value  of  such  products  shall  be  the 
intervention price, adjusted by coefficients where necessary to take account of quality 
differences. 

Without prejudice to Article 183, the products made available under the provisions of 
paragraphs 1 and 2 of this Article shall be financed by appropriations in the relevant 
budgetary  heading  within  the  EAGF  of  the  budget  of  the  European  Communities. 
Provision  may  also  be  made  for  this  financing  to  contribute  towards  the  costs  of 
transport  of  products  from  intervention  centres  and  for  administrative  costs  for  the 
designated  organisations  generated  by  the  implementation  of  the  scheme  set  out  in 
this Article, excluding any costs which may be borne by the beneficiaries within the 
framework of the application of paragraphs 1 and 2.  

3. 

4. 

5. 

SECTION III 
PRIVATE STORAGE 

SUBSECTION I 
MANDATORY AID  

Article 25 
Eligible products  

Aid  for  private  storage  shall  be  granted  for  the  following  products  subject  to  the  conditions 
set-out  in  this  Section  and  further  requirements  and  conditions  to  be  adopted  by  the 
Commission in accordance with Article 40: 

(a) 

in respect of butter: 

(i) 

cream, 

(ii)  unsalted butter produced from cream or milk in an approved undertaking of the 
Community  of  a  minimum  butterfat  content,  by  weight,  of  82 %  and  a 
maximum water content, by weight, of 16 %, 

(iii)  salted  butter  produced  from  cream  or  milk  in  an  approved  undertaking  of  the 
Community  of  a  minimum  butterfat  content,  by  weight,  of  80 %,  a  maximum 
water content, by weight, of 16 % and a maximum salt content, by weight, of 
2 %; 

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(b) 

in respect of cheese:  

(i)  Grana Padano cheese at least nine months old, 

(ii)  Parmigiano Reggiano cheese at least 15 months old, 

(iii)  Provolone cheese at least three months old. 

Article 26 
Conditions and aid-level for butter 

The  butter  shall  be  classified  according  to  national  quality  grades  to  be  determined  by  the 
Commission and shall be marked accordingly. 

The amount of aid shall be fixed by the Commission in the light of storage costs and the likely 
trend in prices for fresh butter and butter from stocks. 

Where, at the  time  of removal from storage,  an adverse  change unforeseeable at the time of 
entry into storage has occurred on the market, the aid may be increased.  

Article 27 
Conditions and aid-level for cheese 

The  conditions  for,  and  amount  of,  aid  to  be  paid  for  cheese  shall  be  laid  down  by  the 
Commission. The amount of aid shall be fixed taking account of storage costs and the likely 
trend of the market price. 

The  paying  agency  designated  by  the  Member  State  in  which  the  cheeses  concerned  are 
produced and qualify to bear the designation of origin shall implement the measures taken by 
the Commission pursuant to the first paragraph.  

SUBSECTION II 
OPTIONAL AID 

Article 28 
Eligible products  

1. 

Aid for private storage may be granted in respect of the following products subject to 
the  conditions  set-out  in  this  Section  and  further  requirements  and  conditions  to  be 
adopted by the Commission in accordance with Article 40: 

(a)  white sugar; 

(b)  olive oil; 

(c) 

fresh or chilled meat of adult bovine animals presented in the form of carcases, 
half-carcases,  compensated  quarters,  forequarters  or  hindquarters,  classified  in 
accordance with the Community scale adopted in accordance with point (a) of 
Article 39(1); 

(d) 

skimmed  milk  powder  of  top  quality,  obtained  in  an  approved  undertaking  of 
the Community directly and exclusively from skimmed milk; 

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(e) 

longkeeping  cheeses  and  cheeses  which  are  manufactured  from  sheep  and/or 
goat's milk and require at least six months maturing; 

(f) 

pigmeat; 

(g) 

sheepmeat and goatmeat. 

2. 

1. 

2. 

The Commission may  amend  the  list  of products referred to in point (c) of the first 
subparagraph if the market situation so requires 

The  Commission  shall  fix  the  aid  for  private  storage  referred  to  in  paragraph 1  in 
advance or by means of tendering procedures. 

Article 29 
Conditions of granting for white sugar 

If the average Community price recorded for white sugar is below the reference price, 
during a representative period, and is likely to remain at that level, taking into account 
the market situation, the Commission may decide to grant aid for private storage of 
white sugar to undertakings which are allocated a sugar quota. 

Sugar  stored  in  accordance  with  the  provisions  of  paragraph  1  during  a  marketing 
year may not be subject to any other storage measures in accordance with Articles 12, 
49 or 60. 

Article 30 
Conditions of granting for olive oil 

The Commission may decide to authorise bodies offering sufficient guarantees, and approved 
by the Member States, to conclude contracts for the storage of olive oil that they market, in the 
event of a serious disturbance on the market in certain regions of the Community, inter alia 
when the average price recorded on the market during a representative period is less than: 

(a) 

(b) 

(c) 

EUR 1 779/tonne for extra virgin olive oil, or 

EUR 1 710/tonne for virgin olive oil, or 

EUR 1 524/tonne for lampante olive oil having 2 degrees of free acidity, this amount 
being reduced by EUR 36,70/tonne for each additional degree of acidity. 

Article 31 
Conditions of granting for products of the beef and veal sector 

When  the  average  Community  market  price  recorded  on  the  basis  of  the  Community  scale 
adopted in accordance with point (a) of Article 39(1) is, and is likely to remain, at less than 
103 % of the reference price, the Commission may decide to grant aid for private storage.  

EN 

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Article 32 
Conditions of granting for skimmed milk powder 

The  Commission  may  decide  to  grant  aid  for  private  storage  for  skimmed  milk  powder  in 
particular  if  trends  in  prices  and  stocks  of  the  products  indicate  a  serious  imbalance  in  the 
market which could be avoided or reduced by means of seasonal storage. 

Article 33 
Conditions of granting for cheese 

1. 

2. 

1. 

2. 

If  price  developments  and  the  stock  situation  for  the  cheese  products  referred  to  in 
point  (e)  of  Article  28(1)  indicate  a  serious  imbalance  of  the  market  which  may  be 
eliminated or reduced by seasonal storage, the Commission may decide to grant aid 
for private storage. 

If  at  the  time  the  storage  contract  expires,  the  level  of  market  prices  for  cheeses  in 
store  is  higher  than  that  prevailing  when  the  contract  was  signed,  the  Commission 
may decide to adjust the amount of aid accordingly. 

Article 34 
Conditions of granting for pigmeat 

When  the  average  Community  market  price  for  pig  carcases  as  established  by 
reference to the prices recorded in each Member State on the representative markets 
of the Community and weighted by means of coefficients reflecting the relative size 
of the pig herd in each Member State, is, and is likely to remain, at less than 103 % of 
the reference price, the Commission may decide to grant aid for private storage.  

The Commission shall establish a list of the representative markets referred to in the 
paragraph 1. 

Article 35 
Conditions of granting for sheepmeat and goatmeat 

The  Commission  may  decide  to  grant  aid  for  private  storage  when  there  is  a  particularly 
difficult  market  situation  for  sheep  meat  and  goat  meat  in  one  or  more  of  the  following 
quotation areas: 

(a) 

(b) 

(c) 

Great Britain; 

Northern Ireland; 

every Member State other than the United Kingdom, taken separately. 

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SECTION IV 
COMMON PROVISIONS 

Article 36 
Rules concerning storage 

1. 

Paying  agencies  may  not  store,  outside  the  territory  of  the  Member  State  within 
whose jurisdiction they fall, products they have bought in unless they have obtained 
prior authorisation by the Commission. 

The territories of Belgium and Luxembourg shall be considered as a single Member 
State for the purposes of this Article. 

2. 

Authorisation  shall  be  granted  if  storage  is  essential  and  taking  into  account  the 
following factors: 

(a) 

(b) 

storage  possibilities  and  storage  requirements  in  the  Member  State  within 
whose jurisdiction the paying agency falls and in other Member States; 

any additional costs resulting  from  storage in the Member State within whose 
jurisdiction the paying agency falls and from transportation. 

Authorisation for storage in a third country shall only be granted if, on the basis of the 
criteria  set  out  in  paragraph  2,  storage  in  another  Member  State  creates  significant 
difficulties. 

The  information  referred  to  in  point  (a)  of  paragraph  2  shall  be  drawn  up  after 
consulting all the Member States. 

Any customs duties and any other amounts to be granted or levied under the common 
agricultural policy shall not apply to products: 

(a) 

transported following an authorisation granted under paragraphs 1, 2 and 3, or  

(b) 

transferred from one paying agency to another. 

Any paying agency which uses an authorisation granted under paragraphs 1, 2 and 3 
shall remain  responsible for  products  stored outside  the territory of the State within 
whose jurisdiction it falls. 

If products held by a paying agency outside the territory of the Member State within 
whose jurisdiction it falls are not brought back into that Member State, they shall be 
disposed of at the prices and subject to the conditions laid down or to be laid down 
for the place of storage. 

3. 

4. 

5. 

6. 

7. 

Article 37 
Rules for tendering procedures 

Tender procedures shall ensure equality of access of all persons concerned. 

In the selection of tenders preference shall be given to those which are most favourable to the 
Community. In any case, the award of a contract shall not necessarily ensue. 

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Article 38 
Intervention centres 

1. 

2. 

The  Commission  shall  designate  the  intervention  centres  at  which  products  of  the 
cereals  and  rice  sectors  bought-in  under  public  intervention  may  be  stored,  and  the 
conditions applying thereto. 

In  respect  of  products  of  the  cereals  sector,  the  Commission  may  designate 
intervention centres for each cereal. 

When drawing-up the list of intervention centres the Commission shall in particular 
take account of the following factors: 

(a) 

situation of the centres in surplus areas in respect of the products concerned; 

(b) 

availability of sufficient premises and technical equipment; 

(c) 

favourable situation as regards means of transport.  

Article 39 
Carcase classification  

1. 

Community  scales  for  the  classification  of  carcases,  including  the  rules  concerning 
the reporting of prices of certain products by the Member States, shall be established 
by the Commission in respect of the following sectors: 

(a) 

beef and veal as regards adult bovine animals; 

(b)  pigmeat; 

(c) 

sheep meat and goat meat. 

2. 

In  establishing  the  Community  scales  referred  to  in  paragraph  1,  the  Commission 
shall be guided, in particular, by the following criteria: 

(a) 

(b) 

for  carcases  of  adult  bovine  animals  the  scale  shall  classify  carcases  on  the 
basis  of  conformation  and  the  degree  of  fat  cover,  enabling  the  division  of 
carcases into classes and identification of classified carcases; 

for pig carcases the scale shall classify carcases on the basis of their lean-meat 
content  in  relation  to  their  weight,  operate  using  the  principle  of  direct 
establishment  of 
the  basis  of  objective 
measurement  and  provide  for  the  division  of  carcases  into  classes  and  their 
identification; 

lean-meat  percentage  on 

the 

(c) 

for  sheep  and  goat  carcases,  the  scale  shall  classify  carcases  on  the  basis  of 
conformation and the degree of fat cover, enabling the division of carcases into 
classes and identification of classified carcases.  

With regard to carcases of light lambs other criteria may be used, in particular 
weight, meat colour and fat colour.  

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Article 40 
Implementing rules 

Without  prejudice  to  any  specific  competences  conferred  upon  the  Commission  by  the 
provisions  of  this  Chapter,  the  Commission  shall  adopt  the  detailed  rules  for  the 
implementation of this Chapter, which may relate in particular to: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

the  requirements  and  conditions  to  be  met  by  the  products  to  be  bought-into  public 
intervention as referred to in Article 9 or for which aid for private storage is granted 
as  referred  to  in  Articles  25  and  28,  in  particular  with  respect  to  quality,  quality 
groups,  quality  grades,  categories,  quantities,  packaging  including  its  labelling, 
maximum ages, preservation, the stage of the products to which the intervention price 
relates, and the duration of private storage.  

where applicable, the scale of price increases and reductions; 

the procedures and conditions for taking over by paying agencies and the granting of 
aid for private storage, in particular: 

(i)  with regard to the conclusion and the content of contracts; 

(ii) 

the  duration  of  the  period  of  private  storage  and  the  conditions  according  to 
which  such  periods,  once  specified  in  the  contracts,  may  be  curtailed  or 
extended; 

(iii) 

the conditions according to which it may be decided that products covered by 
private storage contracts may be remarketed or disposed of; 

(iv) 

the Member State where a request for private storage may be submitted. 

the  rules  as  regards  the  conditions  for  disposal  of  products  bought-in  under  public 
intervention,  in  particular  as  regards  selling  prices,  the  conditions  for  release  from 
storage,  where  appropriate,  the  subsequent  use  or  destination  of  products  thus 
released, checks to be carried out and, as the case may be, a system of securities to be 
applied; 

the setting-up of the annual plan referred to in Article 24(1); 

the condition of mobilisation on the Community market referred to in Article 24(2); 

the  rules  concerning  the  authorisations  referred  to  in  Article  36  including,  as  far  as 
strictly necessary, derogations from the rules on trade; 

the  rules  relating  to  the  procedures  to  be  followed  in  the  case  of  the  making  use  of 
tendering procedures; 

the  rules  concerning  the  determination  of  intervention  centres  referred  to  in 
Article 38. 

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CHAPTER II 
SPECIAL INTERVENTION MEASURES 

SECTION I 
EXCEPTIONAL MARKET SUPPORT MEASURES 

Article 41 
Animal diseases 

1. 

The Commission may adopt exceptional support measures for the affected market in 
order  to  take  account  of  restrictions  on  intra-Community  and  third-country  trade 
which  may  result  from  the  application  of  measures  for  combating  the  spread  of 
diseases in animals. 

The  measures  provided  for  in  the  first  subparagraph  shall  apply  to  the  following 
sectors: 

(a) 

beef and veal,  

(b)  milk and milk products,  

(c) 

pigmeat,  

(d) 

sheep meat and goat meat,  

(e) 

eggs,  

(f) 

poultry. 

2. 

The measures provided for in the first subparagraph of paragraph 1 shall be taken at 
the request of the Member State(s) concerned. 

They may be taken only if the Member State(s) concerned has (have) taken health and 
veterinary measures quickly to stamp out the disease, and only to the extent and for 
the duration strictly necessary to support the market concerned. 

Article 42 
Loss in consumer confidence 

With  regard  to  poultry  meat  and  eggs,  the  Commission  may  adopt  exceptional  measures  of 
support for the market in order to take account of serious market disturbances attributed to a 
loss in consumer confidence due to public health, or animal health risks.  

Those measures shall be taken at the request of the Member State(s) concerned.  

Article 43 
Financing 

1. 

For  exceptional  measures  referred  to  in  Articles  41  and  42,  the  Community  shall 
provide  part-financing  equivalent  to  50 %  of  the  expenditure  borne  by  Member 
States. 

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However,  with  regard  to  the  beef  and  veal,  milk  and  milk  products,  pigmeat  and 
sheep  meat  and  goat  meat  sectors,  the  Community  shall  provide  part-financing 
equivalent to 60 % of such expenditure when combating foot-and-mouth disease. 

Member States shall ensure that, where producers contribute to the expenditure borne 
by Member States, this does not result in distortion of competition between producers 
in different Member States. 

Articles  87,  88  and  89  of  the  Treaty  shall  not  apply  to  Member  States’  financial 
contributions towards the exceptional measures referred to in Articles 41 and 42. 

SECTION II 
MEASURES IN THE CEREALS AND RICE SECTORS 

Article 44 
Special market measures in the cereals sector 

Where the market situation so dictates, the Commission may take special intervention 
measures in respect of the cereals sector. 

The  nature  and  application  of  the  special  intervention  measures  and  the  conditions 
and procedures for the sale or for any other means of disposal of the products subject 
to those measures shall be adopted by the Commission.  

2. 

3. 

1. 

2. 

Article 45 
Special market measures in the rice sector 

1. 

The Commission may take special measures to: 

(a) 

prevent  large-scale  application  of  public  intervention  in  the  rice  sector  in 
accordance with the provisions of Section II of Chapter I of this Part in certain 
regions of the Community; 

(b)  make up for paddy rice shortages following natural disasters. 

2. 

The Commission shall adopt the detailed rules for the implementation of this Article.  

SECTION III 
MEASURES IN THE SUGAR SECTOR 

Article 46 
Minimum beet price 

1. 

The minimum price for quota beet shall be: 

(a)  EUR 27,83 per tonne for the marketing year 2008/2009; 

(b)  EUR 26,29 per tonne as from the marketing year 2009/2010. 

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2. 

3. 

4. 

1. 

2. 

3. 

4. 

The minimum price referred to in paragraph 1 shall apply to sugar beet of sound and 
fair  merchantable  quality  as  defined  by  the  Commission,  having  a  sugar  content  of 
16 % at the reception point. 

When laying down the quality of sugar beet referred to in the first subparagraph, the 
Commission  shall  take  into  account  its  market  and  trade  environment  and  any 
developments thereof and, in particular its marketable quality characteristics. 

Sugar undertakings buying quota beet suitable for processing into sugar and intended 
for processing into quota sugar shall be required to pay at least the minimum price, 
adjusted  by  price  increases  or  reductions  to  allow  for  deviations  from  the  standard 
quality. 

Increases  and  reductions  referred  to  in  the  first  subparagraph  shall  be  applied  in 
accordance with implementing rules to be laid down by the Commission. 

For the quantities of sugar beet corresponding to the quantities of industrial sugar or 
surplus sugar that are subject to the surplus levy provided for in Article 61, the sugar 
undertaking concerned shall adjust the purchase price so that it is at least equal to the 
minimum price for quota beet. 

Article 47 
Interprofessional agreements 

Agreements within the trade and delivery contracts shall conform to paragraph 3 and 
to  purchase  terms  to  be  determined  by  the  Commission,  in  particular  as  regards  the 
conditions governing the purchase, delivery, taking over and payment of beet. 

The  terms  for  buying  sugar  beet  and  sugar  cane  shall  be  governed  by  agreements 
within the trade concluded between Community growers of these raw materials and 
Community sugar undertakings. 

In delivery contracts, a distinction shall be made according to whether the quantities 
of sugar to be manufactured from sugar beet will be: 

(a) 

quota sugar, 

(b)  out-of-quota sugar. 

Each  sugar  undertaking  shall  provide  the  Member  State  in  which  it  produces  sugar 
with the following information: 

(a) 

the quantities of beet referred to in point (a) of paragraph 3, for which they have 
concluded pre-sowing delivery contracts and the sugar content on which those 
contracts are based; 

(b) 

the corresponding estimated yield. 

Member States may require additional information. 

5. 

Sugar  undertakings  which  have  not  signed  pre-sowing  delivery  contracts  at  the 
minimum  price  for  quota  beet  for  a  quantity  of  beet  equivalent  to  their  quota  sugar 

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6. 

7. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

shall  be  required  to  pay  at  least  the  minimum  price  for  quota  beet  for  all  the  sugar 
beet they process into sugar. 

Subject to the approval of the Member State concerned, agreements within the trade 
may derogate from paragraphs 3 and 4. 

If  no  agreements  within  the  trade  exist,  the  Member  State  concerned  shall  take  the 
necessary steps compatible with this Regulation to protect the interests of the parties 
concerned. 

Article 48 
Production charge 

A production charge shall be levied on the sugar quota, the isoglucose quota and the 
inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup. 

The  production  charge  shall  be  set  at  EUR  12,00  per  tonne  of  the  quota  sugar  and 
quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the 
charge applicable to sugar. 

The  totality  of  the  production  charge  paid  in  accordance  with  paragraph  1  shall  be 
charged  by  the  Member  State  to  the  undertakings  on  its  territory  according  to  the 
quota held during the marketing year concerned. 

Payments shall be made by the undertakings by the end of February of the relevant 
marketing year at the latest. 

Community sugar and inulin syrup undertakings may require sugar-beet or sugar-cane 
growers or chicory suppliers to bear up to 50 % of the production charge concerned. 

Article 49 
Withdrawal of sugar 

In order to preserve the structural balance of the market at a price level which is close 
to  the  reference  price,  taking  into  account  the  commitments  of  the  Community 
resulting from agreements concluded in accordance with Article 300 of the Treaty, a 
percentage, common to all Member States, of quota sugar, quota isoglucose and quota 
inulin syrup may be withdrawn from the market until the beginning of the following 
marketing year. 

In that case, the traditional supply need for refining imported raw sugar referred to in 
Article 147  shall  be  reduced  by  the  same  percentage  for  the  marketing  year 
concerned. 

The  withdrawal  percentage  referred  to  in  paragraph  1  shall  be  determined  by 
31 October  of  the  marketing  year  concerned  at  the  latest  on  the  basis  of  expected 
market trends during that marketing year. 

Each  undertaking  provided  with  a  quota  shall  store  at  its  own  expense  during  the 
period  of  withdrawal  the  quantities  of  sugar  corresponding  to  the  application  of  the 
percentage referred to in paragraph 1 to its production under quota for the marketing 
year concerned. 

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The  sugar  quantities withdrawn during a marketing year shall be treated  as the first 
quantities  produced  under  quota  for  the  following  marketing  year.  However,  taking 
into  account  the  expected  sugar  market  trends,  the  Commission  may  decide  to 
consider,  for  the  current  and/or  the  following  marketing  year,  all  or  part  of  the 
withdrawn sugar, isoglucose or inulin syrup as: 

(a) 

(b) 

surplus  sugar,  surplus  isoglucose  or  surplus  inulin  syrup  available  to  become 
industrial sugar, industrial isoglucose or industrial inulin syrup, or 

temporary  quota  production  of  which  a  part  may  be  reserved  for  export 
respecting  commitments  of 
the  Community  resulting  from  agreements 
concluded in accordance with Article 300 of the Treaty. 

4. 

5. 

If sugar supply in the Community is inadequate, the Commission may decide that a 
certain quantity of withdrawn sugar, isoglucose and inulin syrup may be sold on the 
Community market before the end of the period of withdrawal. 

Sugar stored in accordance with the provisions of this Article during a marketing year 
may not be subject to any other storage measures in accordance with Articles 12, 29 
or 60. 

Article 50 
Implementing rules 

The Commission may adopt the detailed rules for the implementation of this Section and, in 
particular:  

(a) 

(b) 

(c) 

the  criteria  to  be  applied  by  the  sugar  undertakings  when  allocating  among  beet 
sellers  the  quantities  of  beet  to  be  covered  by  pre-sowing  delivery  contracts  as 
referred to in Article 47(4);  

the percentage of withdrawn quota sugar referred to in Article 49(1); 

the conditions for the payment of the minimum price in case the withdrawn sugar is 
being sold on the Community market under Article 49(4). 

SECTION IV 
ADJUSTMENT OF SUPPLY 

Article 51 
Measures to facilitate the adjustment of supply to market requirements 

In order to encourage action by trade  organisations and joint trade organisations to facilitate 
the  adjustment  of  supply  to  market  requirements,  with  the  exception  of  action  relating  to 
withdrawal from the market, the Commission may take the following measures in respect of 
the live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors:  

(a) 

(b) 

(c) 

EN 

measures to improve quality; 

measures to promote better organisation of production, processing and marketing; 

measures to facilitate the recording of market price trends; 

55 

   EN 

 
(d) 

measures to permit the establishment of short and long-term forecasts on the basis of 
the means of production used. 

CHAPTER III 
SYSTEMS OF PRODUCTION LIMITATION  

SECTION I 
GENERAL PROVISIONS 

Article 52 
Quota systems 

1. 

A quota system shall apply to the following products: 

(a)  milk and other milk products as defined in points (a) and (b) of Article 62; 

(b) 

sugar, isoglucose and inulin syrup. 

2. 

If a producer exceeds the relevant quota and, with regard to sugar, does not make an 
allowed  use  of  the  surplus  quantities,  a  surplus  levy  shall  be  payable  on  such 
quantities. 

SECTION II 
SUGAR 

SUBSECTION I 
QUOTA ALLOCATION AND MANAGEMENT 

Article 53 
Quota allocation 

1. 

2. 

3. 

The  quotas  for  the  production  of  sugar,  isoglucose  and  inulin  syrup  at  national  or 
regional level are fixed in Annex IV. 

The  Member  States  shall  allocate  a  quota  to  each  undertaking  producing  sugar, 
isoglucose or inulin syrup established in its territory and approved in accordance with 
Article 54. 

For each undertaking, the allocated quota shall be equal to the quota under Regulation 
(EC)  No 318/2006  which  was  allocated  to  the  undertaking  for  the  marketing  year 
2007/2008. 

In  case  of  allocation  of  a  quota  to  a  sugar  undertaking  having  more  than  one 
production unit, the Member States shall adopt the measures they consider necessary 
in order to take due account of the interests of sugar beet and cane growers. 

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Article 54 
Approved undertakings 

1. 

On request, Member States shall grant an approval to an undertaking producing sugar, 
isoglucose  or  inulin  syrup  or  to  an  undertaking  that  processes  these  products  into  a 
product included in the list referred to in Article 59(2) provided that the undertaking: 

(a) 

proves its professional production capacities; 

(b) 

agrees  to  provide  any  information  and  to  be  subject  to  controls  related  to  this 
Chapter; 

(c) 

is not subject to suspension or withdrawal of the approval. 

2. 

The  approved  undertakings  shall  provide  the  Member  State  in  whose  territory  the 
harvest of beet, cane or the refining takes place, with the following information: 

(a) 

the quantities of beet or cane for which a delivery contract has been concluded, 
as  well  as  the  corresponding  estimated  yields  of  beet  or  cane,  and  sugar  per 
hectare; 

(b)  data  regarding  provisional  and  actual  sugar  beet,  sugar  cane  and  raw  sugar 
deliveries, and regarding sugar production and statements of sugar stocks; 

(c) 

quantities of white sugar sold and corresponding prices and conditions. 

1. 

2. 

3. 

1. 

Article 55 
Additional and supplementary isoglucose quota 

In  the  marketing  year  2008/2009  a  further  isoglucose  quota  of  100 000 tonnes  shall 
be added to the quota of the preceding marketing year. 

Member States shall allocate the additional quotas to undertakings, proportionately to 
the isoglucose quotas that have been allocated in accordance with Article 53(2). 

Italy,  Lithuania  and  Sweden  may  allocate,  upon  request  by  any  undertaking 
established  on  their  respective  territories  a  supplementary  isoglucose  quota  which 
shall apply until the marketing year 2009/2010. The maximum supplementary quotas 
are fixed per Member State in Annex V. 

A one-off amount of EUR 730 shall be levied on the quotas that have been allocated 
to  undertakings  in  accordance  with  paragraph  2.  It  shall  be  collected  per  tonne  of 
supplementary quota allocated. 

Article 56 
Quota management 

The Commission shall adjust the quotas set out in Annex IV by the end of February 
of  the  previous  marketing  year  at  the  latest  for  each  of  the  marketing  years 
2008/2009,  2009/2010  and  2010/2011.  The  adjustments  shall  result  from  the 
application  of  paragraph 2  of  this  Article  and  Article 55  of  this  Regulation  and  of 
Article 3 of Regulation (EC) No 320/2006. 

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2. 

Taking into account the results of the restructuring scheme provided for in Regulation 
(EC) No 320/2006, the Commission shall fix, by 28 February 2010 at the latest, the 
common  percentage  needed  to  reduce  the  existing  quotas  for  sugar,  isoglucose  and 
inulin syrup per Member State or region with a view to avoiding market imbalances 
in the marketing years as from 2010/2011. 

3. 

The Member States shall adjust the quota of each undertaking accordingly. 

Article 57 
National quota reallocation 

1. 

2. 

3. 

A  Member  State  may  reduce  the  sugar  or  isoglucose  quota  as  allocated  to  an 
undertaking established on its territory by up to 10 % for each marketing year.  

Member  States  may  transfer  quotas  between  undertakings  in  accordance  with  the 
rules laid down in Annex VI and taking into consideration the interests of each of the 
parties concerned, particularly sugar beet and cane growers. 

The  quantities  reduced  pursuant  to  paragraphs  1  and  2  shall  be  allocated  by  the 
Member State in question to one or more undertakings on its territory, whether or not 
holding a quota. 

SUBSECTION II 
QUOTA OVERRUN 

Article 58 
Scope 

The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota 
referred to in Article 53 may be: 

(a) 

(b) 

(c) 

(d) 

used for the processing of certain products as referred to in Article 59; 

carried  forward  to  the  quota  production  of  the  next  marketing  year,  in  accordance 
with Article 60; 

used  for  the  specific  supply  regime  for  the  outermost  regions,  in  accordance  with 
Title II of Council Regulation (EC) No 247/200658; 

or 

exported  within  the  quantitative  limit  fixed  by  the  Commission  respecting  the 
commitments resulting from agreements concluded in accordance with Article 300 of 
the Treaty. 

Other quantities shall be subject to the surplus levy referred to in Article 61. 

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Article 59 
Industrial sugar 

1. 

Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for 
the production of one of the products referred to in paragraph 2 when: 

(a) 

it  has  been  subject  to  a  delivery  contract  concluded  before  the  end  of  the 
marketing  year  between  a  producer  and  a  user  which  have  both  been  granted 
approval in accordance with Article 54; 

and 

(b) 

it  has  been  delivered  to  the  user  by  30 November  of  the  following  marketing 
year at the latest. 

2. 

The  Commission  shall  draw  up  a  list  of  products  for  the  production  of  which 
industrial sugar, industrial isoglucose or industrial inulin syrup is used. 

The list shall in particular include: 

(a) 

(b) 

(c) 

bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and 
those to be processed into "Rinse appelstroop"; 

certain  industrial  products  without  sugar  content  but  the  processing  of  which 
uses sugar, isoglucose or inulin syrup; 

certain  products  of  the  chemical  or  pharmaceutical  industry  which  contain 
sugar, isoglucose or inulin syrup. 

Article 60 
Carry forward of surplus sugar 

1. 

Each undertaking may decide to carry forward all or part of its production in excess 
of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of 
the next marketing year's production. Without prejudice to paragraph 3, that decision 
shall be irrevocable. 

2. 

Undertakings which take the decision referred to in paragraph 1 shall: 

(a) 

inform  the  Member  State  concerned  before  a  date  to  be  determined  by  this 
Member State: 

– 

– 

between  1  February  and  30  June  of  the  current  marketing  year  for 
quantities of cane sugar being carried forward, 

between 1 February and 15 April of the current marketing year for other 
quantities of sugar or inulin syrup being carried forward; 

(b)  undertake  to  store  such  quantities  at  their  own  expense  until  the  end  of  the 

current marketing year. 

3. 

If  an  undertaking's  definitive  production  in  the  marketing  year  concerned  was  less 
than the estimate made when the decision in accordance with paragraph 1 was taken, 
the  quantity  carried  forward  may  be  adjusted  retroactively  by  31 October  of  the 
following marketing year at the latest. 

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4. 

5. 

The  quantities  carried  forward  shall  be  deemed  to  be  the  first  quantities  produced 
under the quota of the following marketing year. 

Sugar stored in accordance with the provisions of this Article during a marketing year 
may not be subject to any other storage measures in accordance with Articles 12, 29 
or 49. 

1. 

A surplus levy shall be levied on quantities of: 

Article 61 
Surplus levy 

(a) 

(b) 

(c) 

surplus sugar, surplus isoglucose and surplus inulin syrup produced during any 
marketing year, except quantities carried forward to the quota production of the 
following marketing year and stored in accordance with Article 60 or quantities 
referred to in points (c) and (d) of Article 58; 

industrial  sugar,  industrial  isoglucose  and  industrial  inulin  syrup  for  which  no 
proof has been supplied, by a date to be determined by the Commission, that it 
has been processed in one of the products referred to in Article 59(2); 

sugar,  isoglucose  and  inulin  syrup  withdrawn  from  the  market  in  accordance 
with Article 49 and for which the obligations provided for in Article 49(3) are 
not met. 

2. 

3. 

The surplus levy shall be fixed by the Commission at a sufficiently high level in order 
to avoid the accumulation of quantities referred to in paragraph 1. 

The  surplus  levy  paid  in  accordance  with  paragraph 1  shall  be  charged  by  the 
Member  State  to  the  undertakings  on  its  territory  according  to  the  quantities  of 
production  referred  to  in  paragraph 1  that  have  been  established  for  those 
undertakings for the marketing year concerned. 

SECTION III 
MILK 

SUBSECTION I 
GENERAL PROVISIONS 

Article 62 
Definitions 

For the purposes of this Section: 

(a) 

(b) 

"milk" shall mean the produce of the milking of one or more cows; 

"other milk products" means any milk product other than milk, in particular skimmed 
milk, cream, butter, yoghurt and cheese; when relevant, these shall be converted into 
"milk equivalents" by applying coefficients to be fixed by the Commission; 

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(c) 

(d) 

"producer" means a farmer with a holding located within the geographical territory of 
a Member State, who produces and markets milk or who is preparing to do so in the 
very near future; 

"holding"  means  a  holding  as  defined  in  point  (b)  of  Article 2  of  Regulation  (EC) 
No 1782/2003; 

(e) 

"purchaser" means undertakings or groups which buy milk from producers: 

– 

– 

to  subject  it  to  collecting,  packing,  storing,  chilling  and  processing,  including 
under contract, 

to sell it to one or more undertakings treating or processing milk or other milk 
products. 

However,  any  group  of  purchasers  in  the  same  geographical  area  which  carries  out 
the administrative and accounting operations necessary for the payment of the levy on 
behalf of its members shall be regarded as a purchaser. For the purposes of the first 
sentence of this subparagraph, Greece shall be considered a single geographical area 
and it may deem an official body to be a group of purchasers; 

"delivery"  means  any  delivery  of  milk,  not  including  any  other  milk  products,  by  a 
producer  to  a  purchaser,  whether  the  transport  is  carried  out  by  the  producer,  a 
purchaser, an undertaking processing or treating such products or a third party; 

"direct sale" means any sale or transfer of milk by a producer directly to consumers, 
as well as any sale or transfer of other milk products by a producer. The Commission 
may,  while  respecting  the  definition  of  "delivery"  given  in  point (f),  adjust  the 
definition of "direct sale" in order to ensure, in particular, that no quantity of milk or 
other marketed milk products is excluded from the quota arrangements; 

"marketing" means deliveries of milk or direct sales of milk or other milk products; 

"individual quota" means a producer's quota at 1 April of any twelve-month period; 

“national  quota”  means  the  quota  referred  to  in  Article 63,  fixed  for  each  Member 
State; 

"available quota" means the quota available to producers on 31 March of the twelve-
month period for which the quota is established, taking account of all transfers, sales, 
conversions and temporary re-allocations provided for in this Regulation which have 
taken place during that twelve-month period. 

(f) 

(g) 

(h) 

(i) 

(k) 

(l) 

SUBSECTION II 
QUOTA ALLOCATION AND MANAGEMENT 

Article 63 
National quotas 

1. 

The  national  quotas  for  the  production  of  milk  and  other  milk  products  marketed 
during  seven  consecutive  periods  of  twelve  months  commencing  on  1  April  2008 
(hereinafter referred to as "twelve-month periods") are fixed in point 1 of Annex VII. 

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2. 

3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

The  quotas  referred  to  in  paragraph 1  shall  be  divided  between  producers  in 
accordance  with  Article 64,  distinguishing  between  deliveries  and  direct  sales.  Any 
overrun of the national quotas shall be determined nationally in each Member State, 
in  accordance  with  this  Section  and  making  a  distinction  between  deliveries  and 
direct sales. 

The national quotas set out in point 1 of Annex VII shall be fixed without prejudice to 
possible review in the light of the general market situation and particular conditions 
existing in certain Member States. 

For Bulgaria and Romania a special restructuring reserve shall be established as set 
out in point 2 of Annex VII. This reserve shall be released as from 1 April 2009 to the 
extent  that  the  on-farm  consumption  of  milk  and  milk  products  in  each  of  these 
countries has decreased since 2002.  

The decision on releasing the reserve and its distribution to the deliveries and direct 
sales quota shall be taken by the Commission on the basis of a report to be submitted 
by Bulgaria and Romania to the Commission by 31 December 2008. This report shall 
detail the results and trends of the actual restructuring process in each country's dairy 
sector,  and  in  particular  the  shift  from  production  for  on-farm  consumption  to 
production for the market. 

For  Bulgaria,  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary, 
Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all 
milk  or  milk  equivalent  delivered  to  a  purchaser  or  sold  directly,  irrespective  of 
whether  it  is  produced  or  marketed  under  a  transitional  measure  applicable  in  those 
countries.  

Article 64 
Individual quotas 

The  Member  States  shall  establish  the  producers'  individual  quota  or  quotas  on  the 
basis  of  the  individual  reference  quantity  or  quantities  allocated  in  accordance  with 
Chapter 2  of  Regulation  (EC)  No 1788/2003  during  the  twelve-month  period 
beginning on 1 April 2007. 

Producers  may  have  either  one  or  two  individual  quotas,  one  for  deliveries  and  the 
other for sales. A producer's quantities may be converted from one quota to the other 
only by the competent authority of the Member State, at the duly justified request of 
the producer. 

Where a producer has two quotas, his contribution to any levy due shall be calculated 
separately for each one. 

The  part  of  the  Finnish  national  quota  allocated  to  the  deliveries  referred  to  in 
Article 63  may  be  increased  by  the  Commission  to  compensate  Finnish  SLOM 
producers  up  to  200 000  tonnes.  This  reserve,  to  be  allocated  in  accordance  with 
Community legislation, must be used exclusively on behalf of producers whose right 
to take up production again has been affected as a result of accession. 

Individual quotas shall be modified, where appropriate, for each of the twelve-month 
periods concerned, so that, for each Member State, the sum of the individual quotas 

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for the deliveries and that for the direct sales does not exceed the corresponding part 
of  the  national  quota  adapted  in  accordance  with  Article 66,  taking  account  of  any 
reductions made for allocation to the national reserve as provided for in Article 68. 

Article 65 
Allocation of quotas from the national reserve 

The Member States shall adopt rules allowing for allocation to producers of all or part of the 
quotas from the national reserve provided for in Article 68 on the basis of objective criteria to 
be notified to the Commission. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

Article 66 
Management of quotas 

The Commission shall adapt, for each Member State and for each period, before the 
end  of  that  period,  the  division  between  "deliveries"  and  "direct  sales"  of  national 
quotas,  in  the  light  of  the  conversions  requested  by  producers,  between  individual 
quotas for deliveries and for sales.  

Member States shall each year forward to the Commission, by dates and according to 
rules  to  be  fixed  by  the  Commission  in  accordance  with  Article 185(2),  the 
information necessary to: 

(a)  make the adaptation referred to in paragraph 1 of this Article; 

(b) 

calculate the surplus levy to be paid by them. 

Article 67 
Fat content 

Each producer shall be assigned a reference fat content, to be applied to the individual 
quota or quotas allocated to that producer. 

For  the  quotas  allocated  to  producers  on  31  March  2008  in  accordance  with 
Article 64(1), the reference fat content referred to in paragraph 1 shall be the same as 
the reference fat content applied to that quota at that date. 

The  reference  fat  content  shall  be  altered  during  the  conversion  referred  to  in 
Article 64(2) and where quotas are acquired or transferred. 

For  new  producers  having  an  individual  quota  for  deliveries  allocated  entirely  from 
the national reserve, the fat content shall be fixed by the Commission. 

The  individual  reference  fat  content  referred  to  in  paragraph 1  shall  be  adjusted, 
where appropriate, upon the entry into force of this Regulation and thereafter, at the 
beginning of each twelve-month period as necessary, so that, for each Member State, 
the weighted average of the individual representative fat contents does not exceed by 
more than 0,1 gram per kg the reference fat content set in Annex VIII. 

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For  Romania  the  reference  fat  content  set  in  Annex VIII  shall  be  reviewed  on  the 
basis  of  the  figures  for  the  full  year  2004  and,  if  necessary,  adjusted  by  the 
Commission. 

Article 68 
National reserve 

1. 

2. 

Each Member State shall set up a national reserve as part of the national quotas fixed 
in  Annex VII,  in  particular  with  a  view  to  making  the  allocations  provided  for  in 
Article 65. The national reserve shall be replenished,  as appropriate, by taking back 
some quantities as provided for in Article 69, retaining part of transfers as provided 
for in Article 73, or by making an across-the-board reduction in all individual quotas. 
The  quotas  in  question  shall  retain  their  original  purpose,  i.e.  deliveries  or  direct 
sales. 

Any additional quota allocated to a Member State shall automatically be placed in the 
national reserve and divided into deliveries and direct sales according to foreseeable 
needs. 

3. 

The quotas placed in the national reserve shall not have a reference fat content. 

Article 69 
Cases of inactivity 

1. 

2. 

3. 

When  a  natural  or  legal  person  holding  individual  quotas  no  longer  meets  the 
conditions  referred  to  in  point  (c)  of  Article 62  during  a  twelve-month  period,  the 
corresponding  quantities  shall  revert  to  the  national  reserve  no  later  than  1  April  of 
the following calendar year, except where he once again becomes a producer within 
the meaning of point (c) of Article 62 no later than that date. 

Where  the  person  or  entity  concerned  once  again  becomes  a  producer  no  later  than 
the  end  of  the  second  twelve-month  period  following  withdrawal,  all  or  part  of  the 
individual quota which had been withdrawn from that person or entity shall revert to 
him or it no later than 1 April following the date of application. 

Where producers do not market a quantity equal to at least 70 % of their individual 
quota  during  at  least  one  twelve-month  period,  Member  States  may  decide  whether 
and  on  what  conditions  all  or  part  of  the  unused  quota  shall  revert  to  the  national 
reserve. 

Member States may determine on what conditions a quota shall be re-allocated to the 
producer concerned should he resume marketing. 

Paragraphs  1  and  2  shall  not  apply  in  cases  of  force  majeure  and  in  duly  justified 
cases  temporarily  affecting  the  production  capacity  of  the  producers  concerned  and 
recognised by the competent authority. 

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Article 70 
Temporary transfers 

1. 

By  the  end  of  each  twelve-month  period,  Member  States  shall  authorise,  for  the 
period  concerned,  any  temporary  transfers  of  part  of  individual  quotas  which  the 
producers who are entitled thereto do not intend to use. 

Member  States  may  regulate  transfer  operations  according  to  the  categories  of 
producers or milk production structures concerned, may limit them to the level of the 
purchaser  or  within  regions,  authorise  complete  transfers  in  the  cases  referred  to  in 
Article 69(3)  and  determine  to  what  extent  the  transferor  can  repeat  transfer 
operations. 

2. 

Any Member State may decide not to implement paragraph 1 on the basis of one or 
both of the following criteria: 

(a) 

the need to facilitate structural changes and adjustments; 

(b)  overriding administrative needs. 

Article 71 
Transfers of quotas together with land 

1. 

2. 

3. 

4. 

The individual quotas shall be transferred with the holding to the producers taking it 
over  when  it  is  sold,  leased,  transferred  by  actual  or  anticipated  inheritance  or  any 
other means involving comparable legal effects for the producers, in accordance with 
detailed  rules  to  be  determined  by  the  Member  States,  taking  account  of  the  areas 
used  for  dairy  production  or  other  objective  criteria  and,  where  applicable,  of  any 
agreement between the parties. The part of the quota which, where applicable, has not 
been transferred with the holding shall be added to the national reserve. 

Where quotas have been or are transferred in accordance with paragraph 1 by means 
of rural leases or by other means involving comparable legal effects, Member States 
may decide, on the basis of objective criteria and with the aim of ensuring that quotas 
are  solely  attributed  to  producers,  that  the  quota  shall  not  be  transferred  with  the 
holding. 

Where land is transferred to the public authorities and/or for use in the public interest, 
or where the transfer is carried out for non-agricultural purposes, Member States shall 
ensure that the necessary measures are taken to protect the legitimate interests of the 
parties,  and  in  particular  that  producers  giving  up  such  land  are  in  a  position  to 
continue milk production if they so wish. 

Where  there  is  no  agreement  between  the  parties,  in  the  case  of  tenancies  due  to 
expire without any possibility of renewal on similar terms, or in situations involving 
comparable  legal  effects,  the  individual  quotas  in  question  shall  be  transferred  in 
whole  or  in  part  to  the  producer  taking  them  over,  in  accordance  with  provisions 
adopted  by  the  Member  States,  taking  account  of  the  legitimate  interests  of  the 
parties. 

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Article 72 
Special transfer measures 

1. 

With  a  view  to  successfully  restructuring  milk  production  or  improving  the 
environment, Member States may, in accordance with detailed rules which they shall 
lay down, taking account of the legitimate interests of the parties concerned: 

(a) 

grant  compensation  in  one  or  more  annual  instalments  to  producers  who 
undertake to abandon permanently all or part of their milk production and place 
the individual quotas thus released in the national reserve; 

(b)  determine on the basis of objective criteria the conditions on which producers 
may obtain, in return for payment, at the beginning of a twelve-month period, 
the  re-allocation  by  the  competent  authority  or  a  body  designated  by  that 
authority of individual quotas released definitively at the end of the preceding 
twelve-month  period  by  other  producers  in  return  for  compensation  in  one  or 
more annual instalments equal to the abovementioned payment; 

(c) 

centralise and supervise transfers of quotas without land; 

(d)  provide,  in  the  case  of  land  transferred  with  a  view  to  improving  the 
environment,  for  the  individual  quota  concerned  to  be  allocated  to  a  producer 
giving up the land but wishing to continue milk production; 

(e) 

(f) 

determine,  on  the  basis  of  objective  criteria,  the  regions  or  collection  areas 
within  which  the  permanent  transfer  of  quotas  without  transfer  of  the 
corresponding  land  is  authorised,  with  the  aim  of  improving  the  structure  of 
milk production; 

authorise, upon application by a producer to the competent authority or a body 
designated by that authority, the definitive transfer of quotas without transfer of 
the corresponding land, or vice versa, with the aim of improving the structure of 
milk  production  at  the  level  of  the  holding  or  to  allow  for  extensification  of 
production. 

The  provisions  of  paragraph 1  may  be  implemented  at  national  level,  at  the 
appropriate territorial level or in specified collection areas. 

Article 73 
Retaining part of transfers 

In the case of transfers as referred to in Articles 71 and 72 Member States may, on the 
basis  of  objective  criteria,  retain  part  of  the  individual  quotas  for  their  national 
reserve. 

Where quotas have been or are transferred in accordance with Articles 71 and 72 with 
or  without  the  corresponding  land  by  means  of  rural  leases  or  by  other  means 
involving  comparable  legal  effects,  Member  States  may  decide,  on  the  basis  of 
objective  criteria  and  with  the  aim  of  ensuring  that  quotas  are  solely  attributed  to 
producers,  whether  and  under  which  conditions  all  or  part  of  the  transferred  quota 
shall revert to the national reserve. 

2. 

1. 

2. 

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Article 74 
Aid for the acquisition of quotas 

No  financial  assistance  linked  directly  to  the  acquisition  of  quotas  may  be  granted  by  any 
public authority for the sale, transfer or allocation of quotas under this Section. 

SUBSECTION III 
QUOTA OVERRUN 

Article 75 
Surplus levy 

1. 

2. 

3. 

A surplus levy shall be payable on milk and other milk products marketed in excess 
of the national quota as established in accordance with Subsection II. 

The levy shall be set, per 100 kilograms of milk, at EUR 27,83. 

Member States shall be liable to the Community for the surplus levy resulting from 
overruns of the national quota, determined nationally and separately for deliveries and 
direct sales, and between 16 October and 30 November following the twelve-month 
period  concerned,  shall  pay  it,  within  the  limit  of  99 %  of  the  amount  due,  to  the 
EAGF. 

If the surplus levy provided for in paragraph 1 has not been paid before the due date 
and  after  consultation  of  the  Committee  of  the  Agricultural  Funds,  the  Commission 
shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments 
within  the  meaning  of  Articles  14  and  15(2)  of  Regulation  (EC)  No 1290/2005. 
Before taking its decision, the Commission shall warn the Member State concerned, 
which shall make its position known within one week. The provisions of Article 14 of 
Council Regulation (EC) No 2040/200059 shall not apply. 

4. 

The  Commission  shall  determine  the  arrangements  for  the  implementation  of  this 
Article. 

Article 76 
Contribution of producers to the surplus levy due 

The surplus levy shall be entirely allocated, in accordance with Articles 77 and 80, among the 
producers who have contributed to each of the overruns of the national quotas referred to in 
Article 63(2). 

Without prejudice to Articles 77(3) and 80(1), producers shall be liable vis-à-vis the Member 
State for payment of their contribution to the surplus levy due, calculated in accordance with 
Articles 66, 67 and 77, for the mere fact of having overrun their available quotas. 

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1. 

2. 

3. 

1. 

2. 

3. 

Article 77 
Surplus levy on deliveries 

In order to draw up the definitive surplus levy statement, the quantities delivered by 
each producer shall be increased or reduced to reflect any difference between the real 
fat  content  and  the  reference  fat  content,  using  coefficients  and  on  terms  to  be  laid 
down by the Commission.  

Where,  at  national  level,  the  sum  of  deliveries  adjusted  in  accordance  with 
paragraph 1  is  less  than  the  deliveries  actually  made,  the  surplus  levy  shall  be 
calculated on the basis of the latter. In such cases, each downward adjustment shall be 
proportionately reduced so as to bring the sum of adjusted deliveries into line with the 
deliveries actually made. 

Where  the  sum  of  the  deliveries  adjusted  in  accordance  with  paragraph 1  is  greater 
than the deliveries actually made, the surplus levy shall be calculated on the basis of 
the former. 

Each  producer's  contribution  to  payment  of  the  surplus  levy  shall  be  established  by 
decision of the Member State, after any unused part of the national quota allocated to 
deliveries has or has not been re-allocated, in proportion to the individual quotas of 
each producer or according to objective criteria to be set by the Member States: 

(a) 

either  at  national  level  on  the  basis  of  the  amount  by  which  each  producer's 
quota has been exceeded, 

(b)  or  firstly  at  the  level  of  the  purchaser  and  thereafter  at  national  level  where 

appropriate. 

Article 78 
Role of purchasers 

Purchasers shall be responsible for collecting from producers contributions due from 
the  latter  by  virtue  of  the  surplus  levy  and  shall  pay  to  the  competent  body  of  the 
Member  State,  before  a  date  and  following  a  procedure  to  be  laid  down  by  the 
Commission, the amount of these contributions deducted from the price of the milk 
paid  to  the  producers  responsible  for  the  overrun  or,  failing  this,  collected  by  any 
other appropriate means. 

Where  a  purchaser  fully  or  partially  replaces  one  or  more  other  purchasers,  the 
individual  quotas  available  to  the  producers  shall  be  taken  into  account  for  the 
remainder  of  the  twelve-month  period  in  progress,  after  deduction  of  quantities 
already delivered and account being taken of their fat content.  

The first subparagraph shall also apply where a producer transfers from one purchaser 
to another. 

Where,  during  the  reference  period,  quantities  delivered  by  a  producer  exceed  that 
producer's available quota, the relevant Member State may decide that the purchaser 
shall deduct part of the price of the milk in any delivery by the producer concerned in 
excess  of  the  quota,  by  way  of  an  advance  on  the  producer's  contribution,  in 
accordance  with  detailed  rules  laid  down  by  the  Member  State.  The  Member  State 

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may  make  specific  arrangements  to  enable purchasers to deduct this  advance  where 
producers deliver to several purchasers. 

Article 79 
Approval 

Purchaser  status  shall  be  subject  to  prior  approval  by  the  Member  State  in  accordance  with 
criteria to be laid by the Commission.  

Conditions  to  be  fulfilled  and  information  to  be  provided  by  producers  in  the  case  of  direct 
sales shall be established by the Commission. 

1. 

2. 

3. 

4. 

1. 

Article 80 
Surplus levy on direct sales 

In the case of direct sales, each producer's contribution to payment of the surplus levy 
shall  be  established  by  decision  of  the  Member  State,  after  any  unused  part  of  the 
national  quota  allocated  to  direct  sales  has  or  has  not  been  re-allocated,  at  the 
appropriate territorial level or at national level. 

Member States shall establish the basis of calculation of the producer's contribution to 
the  surplus  levy  due  on  the  total  quantity  of  milk  sold,  transferred  or  used  to 
manufacture  the  milk  products  sold  or  transferred  by  applying  criteria  fixed  by  the 
Commission.  

No  correction  linked  to  fat  content  shall  be  taken  into  account  for  the  purpose  of 
drawing up the definitive surplus levy statement. 

The Commission shall determine how and when the surplus levy must be paid to the 
Member State's competent body. 

Article 81 
Amounts paid in excess or unpaid 

Where, in the case of deliveries or direct sales, the surplus levy is found to be payable 
and  the  contribution  collected  from  producers is greater than that levy, the Member 
State may: 

(a) 

use partially or totally the excess to finance the measures referred to in point (a) 
of Article 72(1), and/or 

(b) 

redistribute it partially or totally to producers who: 

– 

– 

fall  within  priority  categories  established  by  the  Member  State  on  the 
basis  of  objective  criteria  and  within  the  period  to  be  laid  down  by  the 
Commission, or  

are  affected  by  an  exceptional  situation  resulting  from  a  national  rule 
unconnected with the quota system for milk and other milk products set-
up by this Chapter. 

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2. 

3. 

4. 

Where  it  is  established  that  no  surplus  levy  is  payable,  any  advances  collected  by 
purchasers  or  the  Member  State  shall  be  reimbursed  no  later  than  the  end  of  the 
following twelve-month period. 

Where a purchaser does not meet the obligation to collect the producers' contribution 
to  the  surplus  levy  in  accordance  with  Article 78,  the  Member  State  may  collect 
unpaid amounts directly from the producer, without prejudice to any penalties it may 
impose upon the defaulting purchaser. 

Where  a  producer  or  a  purchaser  fails  to  comply  with  the  time  limit  for  payment, 
interest on arrears to be fixed by the Commission shall be paid to the Member State. 

SECTION IV 
PROCEDURAL PROVISIONS 

Article 82 
Implementing rules 

The Commission shall adopt the detailed rules for the application of this Chapter which may 
relate, in particular, to:  

(a) 

(b) 

(c) 

(d) 

the  detailed  rules  for  the  application  of  Articles  58,  59,  60  and  61,  in  particular  the 
conditions  for  granting  production  refunds,  the  amounts  of  such  refunds  and  the 
eligible quantities; 

supplementary  information  to  be  submitted  by  approved  undertakings  referred  to  in 
Article  54  as  well  as  the  criteria  for  sanctions,  suspensions  and  withdrawal  of 
approval of the undertakings; 

the establishment of the amounts referred to in Articles 55 and 61; 

derogations from the dates laid down in Article 60. 

CHAPTER IV 
AID SCHEMES 

SECTION I 
AID FOR PROCESSING 

SUBSECTION I 
DRIED FODDER 

Article 83 
Eligible undertakings 

1. 

Aid  for  processing  in  respect  of  the  products  of  the  dried  fodder  sector  shall  be 
granted to undertakings processing products of that sector falling into at least one of 
the following categories: 

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(a) 

processors who have concluded contracts with producers of fodder for drying. 
Where a contract is a special-order contract for processing of fodder delivered 
by  a  producer,  it  shall  include  a  clause  containing  an  obligation  for  the 
processing  undertakings  to  pay  the  producer  the  aid  received  for  the  quantity 
processed under the contract; 

(b)  undertakings which have processed its own crop or, in the case of a group, that 

of its members; 

(c) 

undertakings which  have obtained their supplies from natural or legal persons 
having concluded contracts with producers of fodder for drying. 

2. 

The aid provided for in paragraph 1 shall be paid in respect of dried fodder that has 
left the processing plant and meets the following requirements: 

(a) 

its maximum moisture content is from 11 % to 14 % which may vary depending 
on the presentation of the product; 

(b) 

its minimum total crude protein content in the dry matter not less than: 

(i) 

15 %  for  the  products  referred  to  in  point  (a)  and  the  second  indent  of 
point (b) of Part IV of Annex I; 

(ii)  45 % for the products referred to in the first indent of point (b) of Part IV 

of Annex I; 

(c) 

it is of sound and fair merchantable quality. 

Article 84 
Advance payment 

1. 

Processing  undertakings  shall  be  entitled  to  an  advance  payment  of  EUR 19,80  per 
tonne, or EUR 26,40 per tonne if they have lodged a security of EUR 6,60 per tonne. 

Member States shall make the necessary checks to verify entitlement to the aid. Once 
entitlement has been established the advance shall be paid. 

However, the advance may be paid before entitlement has been established provided 
the  processor  lodges  a  security  equal  to  the  amount  of  the  advance  plus  10 %.  This 
security shall also serve as security for the purposes of the first subparagraph. It shall 
be reduced to the level specified in the first subparagraph as soon as entitlement to aid 
has been established and shall be released in full when the balance of the aid is paid. 

2. 

3. 

4. 

Before  an  advance  can  be  paid  the  dried  fodder  must  have  left  the  processing 
undertaking. 

Where an advance has been paid, the balance amounting to the difference between the 
amount  of  the  advance  and  the  total  aid  due  to  the  processing  undertaking  shall  be 
paid subject to application of Article 85(2). 

Where the advance exceeds the total to which the processing undertaking is entitled 
following the application of Article 85(2), the processor shall reimburse the excess to 
the competent authority of the Member State on request. 

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Article 85 
Aid rate 

1. 

2. 

The aid provided for in Article 83 shall be set at EUR 33/tonne. 

By way of derogation from paragraph 1, where during a marketing year the volume of 
dried fodder for which aid is claimed exceeds the guaranteed maximum quantity set 
out in Article 86, the aid shall be reduced in each Member State in which production 
exceeds the guaranteed national quantity by reducing expenditure as a function of the 
percentage  of  the  sum  of  the  overruns  represented  by  the  overrun  of  that  Member 
State.  

The  reduction  shall  be  set  by  the  Commission  at  a  level  ensuring  that  budget 
expenditure does not exceed that which would have been attained had the maximum 
guaranteed quantity not been exceeded. 

Article 86 
Guaranteed quantity 

A maximum guaranteed quantity per marketing year of 4 960 723 tonnes of dehydrated and/or 
sun-dried  fodder  for  which  the  aid  provided  for  in  Article 83  may  be  granted  is  hereby 
established.  That  quantity  shall  be  apportioned  among  the  Member  States  concerned  as 
national guaranteed quantities in accordance with point B of Annex IX. 

Article 87 
Implementing rules 

The  Commission  shall  adopt  the  detailed  rules  for  the  implementation  of  this  Subsection 
which may, in particular, include rules concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

declarations to be submitted by undertakings when applying for aid; 

conditions to be complied with for the determination of the eligibility for the aid, in 
particular as regards the keeping of stock records and other supporting documents; 

the granting of the aid provided for in this Subsection and the advance, as well as the 
release of the securities, provided for in Article 84(1); 

the conditions and criteria to be fulfilled by undertakings referred to in Article 83and, 
in  the  case  where  undertakings  obtain  their  supplies  from  natural  or  legal  persons, 
rules concerning the guarantees to be provided by those persons;  

the terms of approvals of buyers of fodder for drying, to be applied by the Member 
States;  

the criteria for determining the quality standards referred to in Article 83(2); 

the criteria to be fulfilled for the conclusion of contracts and information which they 
shall contain; 

(h) 

the application of the maximum guaranteed quantity as referred to in Article 86; 

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(i) 

further  requirements  to  those  stipulated  in  Article 83,  in  particular  on  carotene  and 
fibre content. 

SUBSECTION II 
FLAX AND HEMP GROWN FOR FIBRE  

Article 88 
Eligibility 

1. 

Aid  for  processing  the  straw  of  flax  and  hemp  grown  for  fibre  shall  be  granted  to 
authorised primary processors on the basis of the quantity of fibre actually obtained 
from straw for which a sale/purchase contract has been concluded with a farmer.  

However, in cases where farmers retain ownership of the straw which they are having 
processed under contract by an authorised primary processor and prove that they have 
placed the fibres obtained on the market, the aid shall be granted to the farmers. 

In cases where the authorised primary processor and the farmer are one and the same 
person,  the  sale/purchase  contract  shall  be  replaced  by  a  commitment  by  the  party 
concerned to carry out the processing itself. 

For  the  purposes  of  this  Subsection,  "authorised  primary  processor"  shall  mean  a 
natural or legal person or a group of natural or legal persons, irrespective of its legal 
status  under  national  law,  or  that  of  its  members,  that  has  been  authorised  by  the 
competent  authority  of  the  Member  State  in  the  territory  of  which  are  located  its 
facilities for producing flax fibre. 

Article 89 
Aid rate 

The  amount  of  processing  aid  provided  for  in  Article 88  shall  be  fixed  at  EUR  200 
per tonne of long flax fibre. 

The quantities of fibre eligible for aid shall be limited on the basis of the areas which 
were the subject of one of the contracts or commitments referred to in Article 88. 

The limits referred to in the first subparagraph shall be fixed by the Member States so 
as to comply with the national guaranteed quantities referred to in Article 91. 

2. 

1. 

2. 

Article 90 
Advance payment 

At the request of authorised primary processors, an advance shall be paid on the aid referred to 
in Article 88 on the basis of the quantity of fibre obtained. 

Article 91 
Guaranteed quantity 

1. 

A  maximum  guaranteed  quantity  of  80 878  tonnes  per  marketing  year  shall  be 
established for long flax fibre in respect of which aid may be granted. That quantity 

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shall be apportioned among certain Member States as national guaranteed quantities 
in accordance with point A of Annex IX. 

2. 

In  cases  where  the  fibre  obtained  in  one  Member  State  originates  from  straw 
produced  in  another  Member  State,  the  quantities  of  fibre  concerned  shall  be  offset 
against the national guaranteed quantity of the Member State in which the straw was 
harvested.  The  aid  shall  be  paid  by  the  Member  State  against  whose  national 
guaranteed quantity such an offset is made. 

Article 92 
Implementing rules 

The  Commission  shall  adopt  the  detailed  rules  for  the  implementation  of  this  Subsection 
which may, in particular, include rules concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

the conditions for authorisation of primary processors referred to in Article 88; 

the conditions to be met by approved primary processors as regards the sale/purchase 
contracts and commitments referred to in Article 88(1); 

the requirements to be complied with by farmers in the case referred to in the second 
subparagraph of Article 88(1); 

the criteria to be met by long flax fibre; 

the conditions for the grant of aid and the advance payment, and in particular proof of 
the processing of straw; 

(f) 

the conditions to be met for fixing the limits referred to in Article 89(2); 

SECTION II 
PRODUCTION REFUND 

Article 93 
Production refund for starch 

1. 

A production refund may be granted: 

(a) 

(b) 

for  starch  obtained  from  maize,  wheat  or  potatoes  and  for  certain  derivatives 
used in the manufacture of certain products, a list of which shall be drawn up by 
the Commission; 

in  the  absence  of  a  significant  domestic  production  of  other  cereals  for  the 
production  of  starch,  for  the  following  quantities  of  starch  obtained  each 
marketing year in Finland and Sweden from barley and oats, insofar as it does 
not entail an increase in the level of starch production from those two cereals: 

(i) 

50 000 tonnes in Finland, 

(ii)  10 000 tonnes in Sweden. 

2. 

The refund referred to in paragraph 1 shall be fixed by the Commission periodically. 

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Article 94 
Production refund in the sugar sector 

1. 

2. 

A  production  refund  may  be  granted  on  the  products  of  the  sugar-sector  listed  in 
points  (b)  to  (e)  of  Part  III  of  Annex I  if  surplus  sugar  or  imported  sugar,  surplus 
isoglucose  or  surplus  inulin  syrup  is  not  available  at  a  price  corresponding  to  the 
world  price  for  the  manufacturing  of  the  products  referred  to  in  Article 59(2)(b) 
and (c). 

The production refund referred to in paragraph 1 shall be fixed taking into account in 
particular the costs arising from the use of imported sugar which the industry would 
have to bear in the event of supply on the world market and the price of the surplus 
sugar available on the Community market or the reference price if there is no surplus 
sugar. 

Article 95 
Conditions for granting 

The Commission shall adopt the conditions for the granting of the production refunds referred 
to in this Section, as well as the amount of such refunds and the eligible quantities. 

SECTION III 
AIDS IN THE MILK AND MILK PRODUCTS SECTOR 

Article 96 
Aid for skimmed milk and skimmed milk powder for use as feedingstuffs 

1. 

2. 

Aid shall be granted for skimmed milk and skimmed-milk powder intended for use as 
feedingstuffs, according to conditions and product standards to be determined by the 
Commission. 

For the purposes of this Article, buttermilk and buttermilk powder shall be regarded 
as skimmed milk and skimmed-milk powder. 

Aid  amounts  shall  be  fixed  by  the  Commission  taking  into  account  the  following 
factors: 

(a) 

the  reference  price  fixed  in  point  (e)(ii)  of  Article 7(1)  for  skimmed-milk 
powder; 

(b)  development  of  the  supply  situation  as  regards  skimmed  milk  and  skimmed-

milk powder, and developments in the use thereof as feed; 

(c) 

trends in calf prices; 

(d) 

trends in the market prices for competing proteins as compared with those for 
skimmed-milk powder. 

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Article 97 
Aid for skimmed milk processed into casein and caseinates 

1. 

Aid  shall  be  granted  for  Community-produced  skimmed  milk  processed  into  casein 
and  caseinates,  according  to  conditions  and  product  standards  of  such  milk  and  the 
casein or caseinates produced from it to be determined by the Commission. 

2. 

Aid shall be fixed by the Commission taking into account the following factors: 

(a) 

the  reference  price  for  skimmed-milk  powder,  or  the  market  price  for  first-
quality spray-process skimmed-milk powder, if that price exceeds the reference 
price; 

(b) 

the  market  prices  for  casein  and  caseinates  on  the  Community  and  world 
markets. 

The aid may vary, according to whether the skimmed milk is processed into casein or 
caseinates and according to the quality of those products. 

Article 98 
Aid for the purchase of cream, butter and concentrated butter at reduced prices 

Under conditions to be determined by the Commission, when surpluses of milk products build 
up  or  are  likely  to  occur,  the  Commission  may  decide  that  aid  shall  be  granted  to  enable 
cream, butter and concentrated butter to be purchased at reduced prices: 

(a) 

(b) 

(c) 

(d) 

(e) 

1. 

2. 

by non-profit making institutions and organisations; 

by military forces and units of comparable status in the Member States; 

by manufacturers of pastry products and ice-cream; 

by manufacturers of other foodstuffs to be determined by the Commission; 

for the direct consumption of concentrated butter. 

Article 99 
Aid for the supply of milk products to pupils 

Under  conditions  to  be  determined  by  the  Commission,  community  aid  shall  be 
granted for supplying to pupils in educational establishments certain processed milk 
products to be determined by the Commission falling within CN codes  0401,  0403, 
0404 90 and 0406 or CN code 2202 90. 

By  way  of  derogation  from  Article 172,  Member  States  may,  in  addition  to 
Community  aid,  grant  national  aid  for  supplying  the  products  referred  to  in 
paragraph 1 to pupils in educational establishments. Member States may finance their 
national aid by means of a levy on the dairy sector or by any other contribution from 
the dairy sector. 

3. 

In the case of whole milk, the Community aid shall be EUR 18,15/100 kg. 

In  the  case  of  other  milk  products,  the  amounts  of  aid  shall  be  determined  by  the 
Commission taking into account the milk components of the products concerned. 

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4. 

The  aid  referred  to  in  paragraph 1  shall  be  granted  on  a  maximum  quantity  of 
0,25 litre of milk equivalent per pupil and per day. 

SECTION IV 
AIDS IN THE OLIVES SECTOR 

Article 100 
Aids to operator organisations  

1. 

The Community shall finance, by means of the amounts withheld by Member States 
in  accordance  with  Article 110i(4)  of  Regulation  (EC)  No 1782/2003,  three-year 
work programmes to be drawn up by operator organisations referred to in Article 119 
in one or more of the following areas: 

(a) 

the market follow-up and administrative management in the olives sector; 

(b) 

the improvement of the environmental impacts of the olive cultivation; 

(c) 

the improvement of the production quality of olive oil and table olives; 

(d) 

the traceability system, the certification and protection of the quality of olive oil 
and table olives, in particular the monitoring of the quality of olive oils sold to 
final consumers, under the authority of the national administrations; 

(e) 

the  dissemination  of  information  on  the  activities  carried  out  by  operator 
organisations with the aim of improving the quality of olive oil. 

2. 

The  maximum  Community  funding  for  the  work  programmes  referred  to  in 
paragraph 1 shall be equal to the part of the amounts withheld by the Member States. 
This funding shall concern the eligible cost with a maximum of: 

(a) 

100 % for the activities in areas referred to in points (a) and (b) of paragraph 1; 

(b)  100 % for the fixed assets investments and 75 % for the other activities in the 

area referred to in point (c) of paragraph 1; 

(c) 

75 %  for  the  work  programmes  carried  out  in  at  least  three  third  countries  or 
non-producing Member States by approved operator organisations from at least 
two  producer  Member  States  in  areas  referred  to  in  points  (d)  and  (e)  of 
paragraph 1, and 50 % for the other activities in these areas. 

Complementary  financing  shall  be  ensured  by  the  Member  State  up  to  50 %  of  the 
costs not covered by the Community funding. 

The  Commission  shall  establish  the  detailed  rules  for  the  application  of  this  Article 
and  in  particular  the  procedures  for  the  approval  of  programmes  adopted  by  the 
Member States and the types of activities eligible under such programmes. 

3. 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission  in  accordance  with  Article 187,  Member  States  shall  verify  that  the 
conditions for granting Community funding are met. To that end, they shall carry out 
an  audit  of  work  programmes  and  a  control  plan  involving  a  sample  determined  on 
the  basis  of  a  risk  analysis  and  comprising  at  least  30 %  per  year  of  producer 

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organisations  and  all  the  other  operator's  organisations  in  receipt  of  Community 
funding under this Article. 

SECTION V 
COMMUNITY TOBACCO FUND 

Article 101 
Tobacco Fund 

1. 

A Community Tobacco Fund (hereafter 'the Fund') shall be set up to finance measures 
in the following areas: 

(a) 

improving  public  awareness  of  the  harmful  effects  of  all  forms  of  tobacco 
consumption,  in  particular  through  information  and  education,  support  for  the 
collection  of  data  to  establish  tobacco  consumption  patterns  and  to  conduct 
epidemiological  studies  on  nicotinism  in  the  Community,  and  a  study  on 
preventing nicotinism; 

(b) 

specific  measures  to  help  tobacco  growers  to  switch  to  other  crops  or  other 
economic activities that  create  employment and  studies of the possibilities  for 
tobacco growers to do so.  

2. 

The Fund shall be financed: 

(a) 

for  the  2002  harvest  by  a  deduction  of  2 %  and  the  2003,  2004  and  2005 
harvests,  of  3 %  of  the  premium  provided  for  in  Title I  of  Regulation  (EEC) 
No 2075/92 as applicable until and including the 2005 harvest for the financing 
of any kind of measures provided for in paragraph 1; 

(b) 

for  the  calendar  years  2006  and  2007,  in  accordance  with  Article 110m  of 
Regulation (EC) No 1782/2003. 

3. 

Detailed rules for the application of this Article shall be adopted by the Commission. 

SECTION VI 
SPECIAL PROVISIONS FOR THE APICULTURE SECTOR 

Article 102 
Scope 

1. 

2. 

With  a  view  to  improving  general  conditions  for  the  production  and  marketing  of 
apiculture products, Member States may draw up a national programme for a period 
of three years, hereinafter referred to as the "apiculture programme". 

By way of derogation from Article 172, Articles 87, 88 and 89 of the Treaty shall not 
apply: 

(a) 

to the financial contribution provided by Member States for measures subject to 
Community support in accordance with this Section; 

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(b) 

to  specific  national  aids  for  the  protection  of  apiaries  disadvantaged  by 
structural  or  natural  conditions  or  under  economic  development  programmes, 
except for those allocated for production or trade. 

Aids referred  to  in  point  (b) shall be notified to  the  Commission  by  Member States 
together  with  the  communication  of  the  apiculture  programme  in  accordance  with 
Article 106. 

Article 103 
Measures eligible for aid 

The measures which may be included in the apiculture programme shall be the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

technical assistance to beekeepers and groupings of beekeepers; 

control of varroasis; 

rationalisation of transhumance; 

measures  to  support  laboratories  carrying  out  analyses  of  the  physico-chemical 
properties of honey; 

measures to support the restocking of hives in the Community; 

cooperation  with  specialised  bodies  for  the  implementation  of  applied  research 
programmes in the field of beekeeping and apiculture products. 

Measures  financed  from  the  EAFRD  in  accordance  with  Council  Regulation  (EC) 
No 1698/200560 shall be excluded from the apiculture programme. 

Article 104 
Study of the production and marketing structure in the beekeeping sector 

To be eligible for the part-financing provided for in Article 105(1), Member States shall carry 
out  a  study  of  the  production  and  marketing  structure  in  the  beekeeping  sector  in  their 
territory. 

Article 105 
Financing 

1. 

2. 

The  Community  shall  provide  part-financing  for  the  apiculture  programmes 
equivalent to 50 % of the expenditure borne by Member States. 

Expenditure relating to the measures taken under the apiculture programmes shall be 
made by the Member States by 15 October each year. 

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Article 106 
Consultation 

The  apiculture  programme  shall  be  drawn  up  in  close  collaboration  with  the  representative 
organisations  and  beekeeping cooperatives. It shall be communicated to the Commission for 
approval.  

SECTION VII 
AIDS IN THE SILKWORM SECTOR 

Article 107 
Aid to be granted to silkworm rearers 

1. 

2. 

Aid  shall  be  granted  for  silkworms  falling  within  CN-code  0106 00 90  and  for 
silkworm eggs falling within CN-code 0511 99 80 reared within the Community. 

The aid shall be granted to silkworm rearers for each box of silkworm eggs used, on 
conditions that the boxes contain a minimum quantity of eggs, to be determined, and 
that the worms have been successfully reared. 

3. 

The aid per box of silkworm eggs used shall be EUR 133,26. 

Article 108 
Implementing rules 

Detailed rules for the  application  of  this Section shall be  adopted by the Commission which 
shall cover, in particular; the minimum quantity referred to in Article 107(2). 

TITLE II 
RULES CONCERNING MARKETING 
AND PRODUCTION 

CHAPTER I 
MARKETING STANDARDS AND CONDITIONS FOR THE PRODUCTION 

SECTION I 
MARKETING STANDARDS 

Article 109 
Marketing standards 

1. 

Provision may be made by the Commission for marketing standards for one or more 
of the products of the following sectors:  

(a) 

olives; 

(b)  bananas; 

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(c) 

live plants; 

(d) 

eggs; 

(e) 

poultry. 

2. 

The standards referred to in paragraph 1: 

(a) 

shall  be  established  taking  into  account,  in  particular,  the  specificities  of  the 
products concerned, the need to ensure the conditions for a smooth disposal of 
those products on the market and the interest of consumers to receive adequate 
and transparent product information; 

(b)  may  in  particular  relate  to  quality,  grading,  weight,  sizing,  packaging, 

wrapping, storage, transport, presentation and labelling. 

Save  as  otherwise  provided  for  by  the  Commission  in  accordance  with  the  criteria 
referred  to  in  point  (a)  of  paragraph 2,  the  products  for  which  marketing  standards 
have  been  laid  down  may  be  marketed  in  the  Community  only  in  accordance  with 
such standards.  

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission  in  accordance  with  Article 187,  Member  States  shall  check  whether 
those products conform to those standards and shall apply penalties as appropriate. 

Article 110 
Marketing standards for milk and milk products 

Food products may be marketed as milk and milk products only if they comply with 
the definitions and designations laid down in Annex X. 

Without prejudice to measures for the protection of public health, milk falling within 
CN  code  0401  intended  for  human  consumption  may  only  be  marketed  within  the 
Community in accordance with the provisions of Annex XI. 

3. 

1. 

2. 

Article 111 
Marketing standards for fats 

Without  prejudice  Article 110(1)  or  any  provisions  adopted  in  the  veterinary  and  foodstuffs 
sectors to ensure that products comply with hygiene and health standards and to protect animal 
and human health, the standards laid down in Annex XII shall apply to the following products 
having  a  fat  content  of  at  least  10 %  but  less  than  90 %  by  weight,  intended  for  human 
consumption:  

(a) 

(b) 

(c) 

milk fats falling within CN codes 0405 and ex 2106; 

fats falling within CN code ex 1517;  

fats composed of plant and/or animal products falling within CN codes ex 1517 and 
ex 2106. 

The fat content excluding salt shall be at least two-thirds of the dry matter. 

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However, those standards shall only apply to products which remain solid at a temperature of 
20°C, and which are suitable for use as spreads. 

Article 112 
Certification for hops 

1. 

2. 

Products  of  the  hops  sector,  harvested  or  prepared  within  the  Community,  shall  be 
subject to a certification procedure. 

Certificates  may  be  issued  only  for  products  having  the  minimum  quality 
characteristics appropriate to a specific stage of marketing. In the case of hop powder, 
hop powder with higher lupulin content, extract of hops and mixed hop products, the 
certificate may only be issued if the alpha acid content of these products is not lower 
than that of the hops from which they have been prepared. 

3. 

The certificates shall indicate at least: 

(a) 

the place of production of the hops; 

(b) 

the year of harvesting; 

(c) 

the varieties. 

4. 

Products  of  the  hops  sector  may  be  marketed  or  exported  only  if  a  certificate  as 
referred to in paragraphs 1, 2 and 3 has been issued. 

In  the  case  of  imported  products  of  the  hops  sector,  the  attestation  provided  for  in 
Article 152(2) shall be deemed to be equivalent to the certificate. 

5. 

Measures derogating from paragraph 4 may be adopted by the Commission: 

(a) 

in order to satisfy the trade requirements of certain third countries; or 

(b) 

for products intended for special uses. 

The measures referred to in the first subparagraph shall: 

(a) 

not  prejudice  the  normal  marketing  of  products  for  which  the  certificate  has 
been issued; 

(b)  be  accompanied  by  guarantees  intended  to  avoid  any  confusion  with  those 

products. 

Article 113 
Marketing standards for olive oils and olive-pomace oils 

1. 

2. 

The use of the descriptions and definitions of olive oils and olive-pomace oils set out 
in  Annex XIII  shall  be  compulsory  as  regards  the  marketing  of  the  products 
concerned  within  the  Community  and,  as  long  as  compatible  with  international 
compulsory rules, in trade with third countries. 

Only oils referred to in points 1(a) and (b), 3 and 6 of Annex XIII may be marketed at 
the retail stage. 

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SECTION II 
CONDITIONS FOR PRODUCTION 

Article 114 
Use of casein and caseinates in the manufacture of cheese 

The  use  of  casein  and  caseinates  as  defined  in  point  (2)  of  Part V  of  Annex III  in  the 
manufacture  of  cheese  shall  be  subject  to  prior  authorisation  which  shall  be  granted  only  if 
such use is a necessary condition for the manufacture of the products. 

Article 115 
Method of production of ethyl alcohol 

The  method  of  production  and  the  characteristics  of  ethyl  alcohol  obtained  from  a  specific 
agricultural product listed in Annex I to the Treaty may be laid down by the Commission. 

SECTION III 
PROCEDURAL RULES 

Article 116 
Adoption of standards, implementing rules and derogations 

The  Commission  shall  establish  the  detailed  rules  for  the  application  of  this  Chapter,  which 
may in particular include: 

(a) 

(b) 

(c) 

the  provision  for  marketing  standards  referred  to  in  Article 109  including  rules  on 
derogations  from  the  standards,  on  presentation  of  particulars  required  by  the 
standards  and  on  the  application  of  the  standards  to  products  imported  into  the 
Community and products exported from the Community; 

rules  concerning  the  question  whether  products  for  which  standards  are  laid  down 
may be marketed in the Community only in accordance with those standards; 

as regards the definitions and designations that may be used in the marketing of milk 
and milk products in accordance with Article 110(1): 

(i) 

drawing  up  and,  where  necessary,  supplementing  the  list  of  the  products 
referred to in the second subparagraph of point III.(1) of Annex X, on the basis 
of the lists sent to it by the Member States; 

(ii)  making additions, where necessary, to the list of designations given in point (a) 

of the second subparagraph of point II.(2) of Annex X; 

(d) 

as regards the standards for spreadable fats referred to in Article 111: 

(i) 

a  list  of  the  products  referred  to  in  point  (a)  of  the  third  subparagraph  of 
point I.(2) of Annex XII, on the basis of the lists sent to the Commission by the 
Member States; 

(ii) 

the  methods  of  analysis  needed  to  check  the  composition  and  manufacturing 
characteristics of the products referred to in Article 111; 

(iii)  detailed rules for the taking of samples; 

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(e) 

(f) 

(g) 

(iv)  detailed  rules  for  obtaining  statistical  information  on  the  markets  in  the 

products referred to in Article 111; 

the  minimum  quality  characteristics  for  products  of  the  hops  sector  referred  to  in 
Article 112;  

the methods of analysis to be used, where applicable; 

as regards the use of casein and caseinates referred to in Article 114: 

(i) 

the  conditions  according  to  which  the  Member  States  shall  grant  the 
authorisations and the maximum percentages to be incorporated, on the basis of 
objective criteria having regard to what is technologically necessary; 

(ii) 

the  obligations  to  be  respected  by  the  undertakings  authorised  in  accordance 
with point (i). 

CHAPTER II 
PRODUCER ORGANISATIONS, INTERBRANCH ORGANISATIONS, 
OPERATOR ORGANISATIONS 

SECTION I 
GENERAL PRINCIPLES 

Article 117 
Producer organisations 

The Member States shall recognise producer organizations, which: 

(a) 

are constituted by producers of one of the following sectors: 

(i) 

the hops sector, 

(ii) 

the olives sector, 

(iii) 

the silkworm sector; 

(b) 

(c) 

are formed on the initiative of the producers; 

pursue a specific aim, in particular to: 

(i) 

concentrate supply and market the products of the members; 

(ii) 

adapt  production  jointly  to  the  requirements  of  the  market  and  improve  the 
product; 

(iii)  promote the rationalisation and mechanisation of production; 

Article 118 
Interbranch organisations 

The Member shall recognise interbranch organisations which: 

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(a) 

are  made  up  of  representatives  of  economic  activities  linked  to  the  production  of, 
trade in, or processing of products of the following sectors: 

(i) 

the olives sector; 

(ii) 

the tobacco sector; 

(b) 

are formed on the initiative of all or some of the organisations or associations which 
constitute them; 

(c) 

pursue a specific aim, in particular to: 

(i) 

(ii) 

concentrate  and  coordinate  supply  and  marketing  of  the  produce  of  the 
members; 

adapt production and processing jointly to the requirements of the market and 
improve the product; 

(iii)  promote the rationalisation and improvement of production and processing; 

(iv)  carry  out 

research 

into  sustainable  production  methods  and  market 

developments. 

However, where interbranch organisations carry out their activities in the territories of several 
Member States, recognition shall be granted by the Commission.  

Article 119 
Operator organisations 

For  the  purposes  of  this  Regulation,  “operator  organisations  shall  comprise  recognised 
organisations  of  operators  or  their  associations,  including  producer  organisations  and 
interbranch organisations, who produce and process olives. 

SECTION II 
RULES CONCERNING INTERBRANCH ORGANISATIONS IN THE 
TOBACCO SECTOR 

Article 120 
Payment of subscription by non-members 

1. 

Where  one  or  more  of  the  activities  referred  to  in  paragraph 2  are  pursued  by  a 
recognised  interbranch  organisation  in  the  tobacco  sector  and  are  in  the  general 
economic  interest  of  those  persons  whose  activities  relate  to  one  or  more  of  the 
products  concerned,  the  Member  State  which  has  granted  recognition,  or  the 
Commission,  where  recognition  has  been  granted  by  the  Commission,  may  decide 
that  individuals  or  groups  which  are  not  members  of  the  organisation  but  which 
benefit from those activities shall pay the organisation all or part of the subscriptions 
paid by its members to the extent that such subscriptions are intended to cover costs, 
other  than  administrative  costs  of  any  description,  directly  incurred  as  a  result  of 
pursuing the activities in question. 

2. 

The activities referred to in paragraph 1 shall relate to one of the following objectives: 

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(a) 

research to add value to the products, in particular through new uses which do 
not pose a threat to public health; 

(b) 

studies to improve the quality of leaf or baled tobacco; 

(c) 

research  into  methods  of  cultivation  permitting  reduced  use  of  plant  health 
products and guaranteeing conservation of the soil and the environment. 

The Member States concerned shall notify the Commission of decisions which they 
intend to take under paragraph 1. Such decisions may not apply before a three month 
period starting from the date of notification to the Commission. The Commission may 
within  that  time  limit  call  for  the  rejection  of  all  or  part of  the  draft  decision  if  the 
general economic interest put forward does not appear to be well founded. 

Where the activities of an interbranch organisation recognised by the Commission in 
accordance  with  this  Chapter  are  in  the  general  economic  interest,  the  Commission 
shall  notify  its  draft  decision  to  the  Member  States  concerned,  who  shall  then  have 
two months to make their comments. 

3. 

4. 

SECTION III 
PROCEDURAL RULES 

Article 121 
Implementing rules 

The Commission shall adopt the detailed rules for the application of this Chapter, in particular 
the  conditions  and  procedures  for  the  recognition  of  producer,  interbranch  and  operator 
organisations in single sectors, including: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the specific aims to be pursued by such organisations; 

the rules of association of such organisations; 

the activities of such organisations; 

derogations from the requirements laid down in Articles 117, 118 and 119; 

the recognition procedure for such organisations; 

as  the  case  may  be,  any  effects  deriving  from  the  recognition  as  an  interbranch 
organisation. 

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PART III 
TRADE WITH THIRD COUNTRIES 

CHAPTER I 
GENERAL PROVISIONS 

Article 122 
General principles 

Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the 
following shall be prohibited in trade with third countries: 

(a) 

(b) 

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

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

Article 123  
Combined nomenclature 

The  general  rules  for  interpreting  the  Combined  Nomenclature  and  the  special  rules  for  its 
application shall apply to the tariff classification of products covered by this Regulation. The 
tariff nomenclature resulting from the application of this Regulation including, as the case may 
be, the definitions in Annex III shall be included in the Common Customs Tariff. 

CHAPTER II 
IMPORTS 

SECTION I 
IMPORT LICENCES 

Article 124 
Optional import licence systems 

1. 

Without prejudice to cases where import licences are required in accordance with this 
Regulation,  the  Commission  may  make  imports  of  one  or  more  products  of  the 
following sectors into the Community subject to presentation of an import licence 

(a) 

cereals, 

(b) 

rice, 

(c) 

sugar, 

(d) 

seeds, 

(e) 

olives,  with  regard  to  products  falling  within  CN  codes  1509,  1510 00, 
0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39, 

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(f) 

flax and hemp, as far as hemp is concerned, 

(g)  bananas, 

(h) 

live plants, 

(i) 

beef and veal, 

(j)  milk and milk products, 

(k)  pigmeat, 

(l) 

sheep meat and goat meat, 

(m)  eggs, 

(n)  poultry, 

(o) 

ethyl alcohol. 

2. 

When  applying  paragraph  1,  the  Commission  shall  take  account  of  the  need  for 
import licences for the management of the markets concerned and, in particular, for 
monitoring the imports of the products in question. 

Article 125 
Issue of licences 

Import licences shall be issued by Member States to applicants, irrespective of their place of 
establishment in the Community, unless a Council Regulation or any other act of the Council 
provides  otherwise,  and  without  prejudice  to  measures  taken  for  the  application  of  this 
Chapter. 

Import licences shall be valid throughout the Community. 

Article 126 
Validity 

Article 127 
Security 

1. 

2. 

Save as otherwise provided for by the Commission, licences shall be issued subject to 
the lodging of a security guaranteeing that the products are imported during the term 
of validity of the licence. 

Except in cases of force majeure, the security shall be forfeited in whole or in part if 
the  import  is  not  carried  out,  or  is  carried  out  only  partially,  within  the  period  of 
validity of the licence. 

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Article 128 
Implementing rules 

The Commission shall adopt the detailed rules for the application of this Section, including the 
terms of validity of the licences. 

SECTION II 
IMPORT DUTIES AND LEVIES 

Article 129 
Import duties 

Unless  this  Section  provides  otherwise,  the  rates  of  import  duty  in  the  Common  Customs 
Tariff shall apply to the products referred to in Article 1.  

Article 130 
Calculation of import duties for cereals 

1. 

2. 

1. 

2. 

Notwithstanding  Article  129,  the  import  duty  on  products  covered  by  CN  codes 
1001 10 00,  1001 90 91,  ex  1001 90 99  (high  quality  common  wheat),  1002, 
1005 10 90  and  1007 00 90  other  than  hybrid  for  sowing,  shall  be  equal  to  the 
intervention  price  valid  for  such  products  on  importation  and  increased  by  55 %, 
minus the cif import price applicable to the consignment in question. However, that 
duty may not exceed the conventional rate of duty in the Common Customs Tariff.  

For  the  purposes  of  calculating  the  import  duty  referred  to  in  paragraph 1, 
representative cif import prices shall be established on a regular basis for the products 
referred to in that paragraph. 

Article 131 
Calculation of import duties for husked rice 

Notwithstanding Article 129, the import duty on husked rice falling within CN code 
1006 20 shall be fixed by the Commission within ten days of the end of the reference 
period concerned in accordance with point 1 of Annex XIV. 

The Commission shall fix a new applicable duty if the calculations performed under 
that Annex indicate  a need to  change it. Until  such  time  as  a  new  applicable  rate  is 
fixed, the duty previously fixed shall apply. 

In order to calculate the imports referred to in point 1 of Annex XIV, account shall be 
taken  of  the  quantities  for  which  import  licences  for  husked  rice  falling  within  CN 
code 1006 20 were issued in the corresponding reference period, except for the import 
licences for Basmati rice referred to in Article 132. 

3. 

The annual reference quantity shall be 449 678 tonnes. 

The  partial  reference  quantity  for  each  marketing  year  shall  correspond  to  half  the 
annual reference quantity.  

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Article 132 
Calculation of import duties for husked basmati rice 

Notwithstanding Article 129, the husked Basmati rice varieties falling within CN codes 1006 
20 17 and 1006 20 98 listed in Annex XV shall qualify for a zero rate of import duty under the 
conditions fixed by the Commission. 

Article 133 
Calculation of import duties for milled rice 

1. 

2. 

Notwithstanding  Article  129,  the  import  duty  for  semi-milled  or  wholly  milled  rice 
falling  within  CN  code  1006  30  shall  be  fixed  by  the  Commission  within  ten  days 
after  the  end  of  the  reference  period  concerned  in  accordance  with  point 2  of 
Annex XIV. 

The Commission shall fix a new applicable duty if the calculations performed under 
that Annex indicate  a need  to  change it. Until  such  time  as  a  new  applicable  rate  is 
fixed, the duty previously fixed shall apply. 

In  order  to  calculate  imports  referred  to  in  point  2  of  Annex XIV,  account  shall  be 
taken of the quantities for which import licences for semi-milled or wholly milled rice 
falling within CN code 1006 30 were issued in the corresponding reference period. 

Article 134 
Calculation of import duties for broken rice 

Notwithstanding  Article  129,  the  import  duty  on  broken  rice  falling  within  CN  code 
1006 40 00 shall be EUR 65 per tonne. 

Article 135 
Additional import duties 

1. 

An  additional  import  duty  shall  apply  to  imports  at  the  rate  of  duty  laid  down  in 
Articles 129 to 134 of one or more products of the cereals, rice, sugar, beef and veal, 
milk  and  milk  products,  pigmeat,  sheep  meat  and  goat  meat,  eggs,  poultry  and 
bananas sectors, in order to prevent or counteract adverse effects on the market of the 
Community which may result from those imports, if: 

(a) 

(b) 

the imports are made at a price below the level notified by the Community to 
the WTO ("the trigger price"); or 

the  volume  of  imports  in  any  year  exceeds  a  certain  level  ("the  trigger 
volume"). 

The  trigger  volume  shall  be  based  on  market  access  opportunities  defined,  where 
applicable,  as  imports  as  a  percentage  of  the  corresponding  domestic  consumption 
during the three previous years. 

2. 

Additional  import  duties  shall  not  be  imposed  where  the  imports  are  unlikely  to 
disturb the Community market, or where the effects would be disproportionate to the 
intended objective. 

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3. 

For the purposes of paragraph 1(a), import prices shall be determined on the basis of 
the cif import prices of the consignment under consideration. 

Cif import prices shall be checked against the representative prices for the product on 
the world market or on the Community import market for that product. 

Article 136 
Suspension of import duties in the sugar sector 

The  Commission  may  suspend  import  duties  in  whole  or  in  part  for  certain  quantities  in 
respect of the following products to guarantee the supply necessary for the manufacturing of 
products referred to in Article 59(2): 

(a) 

(b) 

sugar falling within CN code 1701;  

isoglucose falling within CN codes 17023010, 17024010, 17026010 and 17029030. 

Article 137 
Implementing rules 

The Commission shall adopt the detailed rules for the application of this Section, in particular 
specifying: 

(a) 

as regards Article 130: 

(i) 

the minimum requirements for high quality common wheat; 

(ii) 

the price quotations to be taken into consideration; 

(iii) 

the  possibility,  where  appropriate  in  specific  cases,  of  giving  operators  the 
opportunity to know the duty applicable before the arrival of the consignments 
concerned. 

(b) 

as regards Article 135, the products to which additional import duties shall be applied 
and the other criteria necessary to ensure application of paragraph 1 of that Article; 

SECTION III 
IMPORT QUOTA MANAGEMENT 

Article 138 
Tariff quotas 

1. 

2. 

Tariff  quotas  for  imports  of  products  listed  in  Annex I  resulting  from  agreements 
concluded in accordance with Article 300 of the Treaty or from any other act of the 
Council  shall  be  opened  and  administered  by  the  Commission  under  detailed  rules 
adopted by the Commission.  

Tariff  quotas  shall  be  administered  in  a  manner  which  avoids  any  discrimination 
between  the  operators  concerned,  by  applying  one  of  the  following  methods  or  a 
combination of them or another appropriate method: 

(a) 

a method based on the chronological order of the lodging of applications ("first 
come, first served" principle); 

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(b) 

(c) 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (using the "simultaneous examination method"); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
"traditional/newcomers method"). 

3. 

The  method  of  administration  adopted  shall,  where  appropriate,  give  due  weight  to 
the  supply  requirements  of  the  Community  market  and  the  need  to  safeguard  the 
equilibrium of that market. 

Article 139 
Opening of tariff quotas 

The Commission shall provide for the annual tariff quotas, if necessary suitably phased over 
the year and shall determine the administrative method to be used. 

Article 140 
Specific rules 

1. 

2. 

With regard to the import quota of 54 703 tonnes of frozen beef and veal meat falling 
within  CN  codes  0202 20 30,  0202 30  and  0206 29 91  and  intended  for  processing, 
the Council, acting in accordance with the procedure laid down in Article 37(2) of the 
Treaty, may lay down that all or part of the quota shall cover equivalent quantities of 
quality meat, applying a conversion rate of 4,375. 

In  the  case  of  tariff  quota  for  import  into  Spain  of  2 000 000  tonnes  of  maize  and 
300 000  tonnes  of  sorghum  and  tariff  quota  for  import  into  Portugal  of  500 000 
tonnes  of  maize,  the  detailed  rules  referred  to  in  Article 142  shall  also  include  the 
provisions necessary for carrying out the tariff quota imports and, where appropriate, 
the public storage of the quantities imported by the paying agencies of the Member 
States concerned and their disposal on the markets of those Member States. 

Article 141 
Tariff rates for bananas 

This Chapter shall apply without prejudice to Council Regulation (EC) No 1964/200561. 

Article 142 
Implementing rules 

The Commission shall adopt detailed rules for the implementation of this Section, in particular 
on: 

(a) 

(b) 

(c) 

guarantees covering the nature, provenance and origin of the product, 

recognition of the document used for verifying the guarantees referred to in point (a), 

the conditions under which import licences shall be issued and their term of validity. 

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SECTION IV 
SPECIAL PROVISIONS FOR CERTAIN PRODUCTS 

SUBSECTION I 
SPECIAL PROVISIONS FOR IMPORTS IN RESPECT OF 
THE CEREALS AND RICE SECTORS 

Article 143 
Imports of mixtures of different cereals 

The import duty applicable to mixtures composed of cereals falling within points (a) and (b) of 
Part I of Annex I shall be established as follows: 

(a) 

in  the  case  where  the  mixture  is  composed  of  two  of  such  cereals,  the  import  duty 
shall be that applicable: 

(i) 

(ii) 

to the component cereal predominating by weight, when the cereal represents at 
least 90 % of the weight of the mixture, 

to  the  component  cereal  liable  to  the  higher  import  duty,  when  neither  of  the 
two component cereals represents at least 90 % of the weight of the mixture; 

(b) 

in  the  case  where  the  mixture  is  composed  of  more  than  two  of  such  cereals,  and 
where  several  cereals  each  represent  more  than  10%  by  weight  of  the  mixture,  the 
import  duty  applicable  to  the  mixture  shall  be  the  highest  of  the  import  duties 
applicable to such cereals, even when the amount of the import duty is the same for 
two or more of the cereals. 

Where only one cereal represents more than 10 % of the weight of the mixture, the 
import duty to be applied shall be that applicable to this cereal. 

(c) 

in all cases not covered by points (a) and (b), the import duty shall be the highest of 
the  import  duties  applicable  to  the  cereals  composing  the  mixture  concerned,  even 
when the amount of the import duty is the same for two or more of the cereals. 

Article 144 
Imports of mixtures between cereals and rice 

The import duty applicable to mixtures composed of one or more of the cereals falling within 
points (a) and (b) of Part I of Annex I, on the one hand, and of one or more of the products 
falling within points (a) and (b) of Part II of Annex I, on the other, shall be that applicable to 
the component cereal or product liable to the highest import duty. 

Article 145 
Imports of mixtures of rice 

The  import  duty  applicable  to  mixtures  composed  either  of  rice  classifiable  under  several 
different  processing  groups  or  stages  or  of  rice  classifiable  under  one  or  more  different 
processing  groups  or  stages  on  the  one  hand  and  of  broken  rice  on  the  other  shall  be  that 
applicable: 

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(a) 

(b) 

to the component predominating by weight, when that component represents at least 
90 % of the weight of the mixture, 

the  component  liable  to  the  highest  import  duty,  when  no  component  represents  at 
least 90 % of the weight of the mixture. 

Article 146 
Applicability of the tariff classification 

Where the method for fixing the import duty set out in Articles 143 to 145 cannot be applied, 
the duty to be applied to the mixtures referred to in those Articles shall be that determined by 
the tariff classification of the mixtures. 

SUBSECTION II 
PREFERENTIAL IMPORT ARRANGEMENTS FOR SUGAR 

Article 147 
Traditional supply need for refining 

1. 

Notwithstanding Article 49(1), a traditional supply need of sugar for refining is fixed 
for the Community at 1.961.351 tonnes per marketing year, expressed in white sugar.  

During the marketing year 2008/2009, the traditional supply need shall be distributed 
as follows: 

– 

– 

– 

– 

– 

– 

296 627 tonnes for France, 

100 000 tonnes for Italy; 

356 633  tonnes  for  Portugal  of  which  65 000  tonnes  shall  be  reserved  for  the 
sole sugar beet processing plant at work in 2005 in Portugal, being deemed to 
be a full-time refiner; 

19 585 tonnes for Slovenia, 

59 925 tonnes for Finland, 

1 128 581 tonnes for the United Kingdom. 

2. 

3. 

Import  licences  for  sugar  for  refining  shall  be  issued  only  to  full-time  refiners 
provided  that  the  concerned  quantities  do  not  exceed  the  quantities  that  may  be 
imported in the framework of the traditional supply need referred to in paragraph 1. 
The  licences  may  be  transferred  only  between  full-time  refiners  and  their  validity 
expires at the end of the marketing year for which they have been issued. 

This paragraph shall apply for the marketing year 2008/2009, and for the first three 
months of each of the following marketing years. 

The  application  of  import  duties  on  cane  sugar  for  refining  falling  within  CN  code 
1701 11 10 originating in the States referred to in Annex XVI shall be suspended for 
the complementary quantity which is needed to allow an adequate supply of the full-
time refiners for the marketing year 2008/2009. 

The complementary quantity shall be fixed by the Commission, based on the balance 
between the traditional supply need referred to in paragraph 1 and the forecast supply 

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of sugar for refining for the marketing year concerned. This balance may be revised 
by the Commission during the marketing year and may be based on historic flat-rate 
estimates of the raw sugar intended for consumption. 

Article 148 
Guaranteed price 

1. 

The  guaranteed  prices  fixed  for  the  ACP/Indian  sugar  shall  apply  for  import  of 
standard quality raw and white sugar from: 

(a) 

(b) 

the least developed countries under the arrangements referred to in Articles 12 
and 13 of Council Regulation (EC) No 980/200562; 

the  States  listed  in  Annex XVI  for  the  complementary  quantity  referred  to  in 
Article 147(4). 

2. 

Applications for import licences for sugar benefiting from a guaranteed price shall be 
accompanied by an export licence issued by the authorities of the exporting country 
certifying the compliance of the sugar with the rules provided for in the agreements 
concerned. 

Article 149 
Sugar Protocol commitments 

The Commission may adopt measures to ensure that the ACP/Indian sugar is imported into the 
Community under the conditions set out in Protocol 3 to Annex V to the ACP-EC Partnership 
Agreement  and  the  Agreement  on  cane  sugar  between  the  European  Community  and  the 
Republic  of  India.  Those  measures  may,  if  necessary,  derogate  from  Article 147  of  this 
Regulation. 

Article 150 
Implementing rules 

Detailed  rules for the  application  of this Subsection shall  be adopted by the  Commission, in 
particular,  to  comply  with  international  agreements.  They  may  include  amendments  to 
Annex XVI. 

SUBSECTION III 
SPECIAL PROVISIONS FOR IMPORTS OF HEMP 

Article 151 
Imports of hemp 

1. 

The  following  products  may  only  be  imported  into  the  Community  if  the  following 
conditions are met: 

(a) 

raw  true  hemp  falling  within  CN  code  5302 10 00  meets  the  conditions  laid 
down in Article 52 of Regulation (EC) No 1782/2003; 

62 

OJ L 169, 30.6.2005, p. 1. 

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2. 

3. 

1. 

2. 

(b) 

(c) 

seeds of varieties of hemp falling within CN code ex 1207 99 15 for sowing are 
accompanied by proof that the tetrahydrocannabinol level does not exceed that 
fixed in accordance with Article 52 of Regulation (EC) No 1782/2003; 

hemp seeds other than for sowing, falling within CN code 1207 99 91 may be 
imported only by importers authorised by the Member State in order to ensure 
that such seeds are not intended for sowing. 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission  in  accordance  with  Article 187,  imports  into  the  Community  of  the 
products specified in paragraph 1(a) and (b) of this Article shall be subject to checks 
to  determine  whether  the  conditions  provided  for  in  paragraph  1  of  this  Article  are 
met. 

This  Article  shall  apply  without  prejudice  to  more  restrictive  provisions  adopted  by 
Member  States  in  compliance  with  the  Treaty  and  the  obligations  arising  from  the 
WTO Agreement on Agriculture (the “Agreement on Agriculture”). 

SUBSECTION IV 
SPECIAL PROVISIONS FOR IMPORTS OF HOPS 

Article 152 
Imports of hops 

Products of the hops sector may be imported from third countries only if their quality 
standards are at  least  equivalent  to  those adopted  for like  products harvested  within 
the Community or made from such products. 

Products shall be considered as being of the standard referred to in paragraph 1 if they 
are  accompanied  by  an  attestation  issued  by  the  authorities  of  the  country  of  origin 
and recognised as equivalent to the certificate referred to in Article 112. 

In the case of hop powder, hop powder with higher lupulin content, extract of hops 
and mixed hop products, the attestation may only be recognised as being equivalent 
to the certificate if the alpha acid content of these products is not lower than that of 
the hops from which they have been prepared. 

The  equivalence  of  those  attestations  shall  be  verified  in  accordance  with  detailed 
rules adopted by the Commission. 

SECTION V 
SAFEGUARD AND INWARD PROCESSING 

Article 153 
Safeguard measures 

1. 

Safeguard  measures  against  imports  into  the  Community  shall  be  taken  by  the 
Commission,  subject  to  paragraph  3  of  this  Article,  in  accordance  with  Council 
Regulations (EC) No 519/9463 and (EC) No 3285/9464. However, Articles 3 and 18 of 

63 

OJ L 67, 10.3.1994, p. 89. 

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2. 

3. 

Regulation  (EC)  No 519/94  and  Articles  3  and  21  of  Regulation  (EC)  No 3285/94 
shall not apply. 

Save  as  otherwise  provided  for  pursuant  to  any  other  act  of  the  Council,  safeguard 
measures  against  imports  into  the  Community  provided  for  in  international 
agreements concluded in accordance with Article 300 of the Treaty shall be taken by 
the Commission in accordance with paragraph 3 of this Article. 

Measures referred to in paragraphs 1 and 2 may be taken by the Commission at the 
request  of  a  Member  State  or  on  its  own  initiative.  If  the  Commission  receives  a 
request  from  a  Member  State,  it  shall  take  a  decision  thereon  within  three  working 
days following receipt of the request. 

The  Member  States  shall  be  notified  of  such  measures,  which  shall  be  immediately 
applicable. 

Measures  decided  on  by  the  Commission  pursuant  to  paragraphs  1  and  2  may  be 
referred to the Council by any Member State within three working days of the date on 
which  they  were  notified.  The  Council  shall  meet  without  delay.  It  may,  acting  by 
qualified  majority,  amend  or  repeal  the  measures  in  question  within  one  month 
following the date on which they were referred to the Council. 

4. 

Where  the  Commission  considers  that  any  safeguard  measure  taken  in  accordance 
with paragraphs 1 or 2 should be revoked or amended, it shall proceed as follows: 

(a)  where the measure was enacted by the Council, the Commission shall propose 
to  the  Council  that  it  be  revoked  or  amended.  The  Council  shall  act  by  a 
qualified majority; 

(b) 

in all other cases, Community safeguard measures shall be revoked or amended 
by the Commission. 

Article 154 
Suspension of inward processing arrangements 

To  the  extent  necessary  for  the  proper  functioning  of  the  common  organisation  of  the 
agricultural markets and, in particular, where the Community market is disturbed or liable to 
be  disturbed  by  inward  processing  arrangements,  the  use  of  such  arrangements  for  the 
products  of  the  cereals,  rice,  sugar,  olives,  beef  and  veal,  milk  and  milk  products,  pigmeat, 
sheep  meat  and  goat  meat,  eggs,  poultry  and  ethyl  alcohol  sectors  may  be  fully  or  partially 
prohibited by the Commission.  

64 

OJ L 349, 31.12.1994, p. 53. 

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CHAPTER III 
EXPORTS 

SECTION I 
EXPORT LICENCES 

Article 155 
Optional export licence systems 

1. 

Without prejudice to cases where export licences are required in accordance with this 
Regulation,  the  Commission  may  make  exports  of  one  or  more  products  of  the 
following sectors from the Community subject to presentation of an export licence: 

(a) 

cereals, 

(b) 

rice, 

(c) 

sugar, 

(d)  olives, with regard to olive oil referred to in point (a) of Part VII of Annex I, 

(e) 

beef and veal, 

(f)  milk and milk products, 

(g)  pigmeat, 

(h) 

sheep meat and goat meat, 

(i) 

(j) 

eggs, 

poultry , 

(k) 

ethyl alcohol. 

2. 

3. 

1. 

When applying the first subparagraph, the Commission shall take account of the need 
for export licences for the management of the markets concerned and, in particular, 
for monitoring the exports of the products in question. 

Articles 125 to 127 shall apply mutatis mutandis. 

The  Commission  shall  adopt  the  detailed  rules  for  the  application  of  paragraphs 1 
and 2, including the terms of validity of the licences. 

SECTION II 
EXPORT REFUNDS 

Article 156 
Scope of export refunds 

To the extent necessary to enable exports on the basis of world market quotations or 
prices and within the limits resulting from agreements concluded in accordance with 
Article 300 of the Treaty, the difference between those quotations or prices and prices 
in the Community may be covered by export refunds for: 

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(a) 

the products of the following sectors to be exported without further processing: 

(i) 

cereals, 

(ii) 

rice, 

(iii)  sugar, with regard to the products listed in points (b), (c), (d) and (g) of 

Part III of Annex I, 

(iv)  beef and veal, 

(v)  milk and milk products, 

(vi)  pigmeat, 

(vii)  eggs, 

(viii)  poultry; 

(b) 

the  products  listed  in  point  (a)  to  be  exported  in  the  form  of  goods  listed  in 
Annex XVII. 

In the case of the milk and milk products exported in the form of products listed in 
Part IV  of  Annex XVII,  export  refunds  may  only  be  granted  for  products  listed  in 
points (a) to (e) and (g) of Part XVI of Annex I. 

2. 

3. 

Export  refunds  on  products  exported  in  the  form  of  processed  goods  listed  in 
Annex XVII may not be higher than those applicable to the same products exported 
without further processing. 

Insofar as is necessary to take account of the features of production peculiar to certain 
spirituous  beverages  obtained  from  cereals,  the  criteria  for  granting  export  refunds 
referred to in paragraphs 1 and 2, and the procedure for verification, may be adapted 
by the Commission to suit this particular situation. 

Article 157 
Export refund distribution 

The quantities which may be exported with an export refund shall be allocated by the method 
which: 

(a) 

is most suited to the nature of the product and the situation on the market in question, 
allowing  the  most  efficient  possible  use  of  the  resources  available,  account  being 
taken  of  the  efficiency  and  structure  of  Community  exports  without  creating 
discrimination between the operators concerned and notably between large and small 
operators; 

(b) 

is  least  cumbersome  administratively  for  operators,  account  being  taken  of 
administrative requirements. 

Article 158 
Export refund fixation 

1. 

Export refunds shall be the same for the whole Community. They may vary according 
to destination, especially where the world market situation, the specific requirements 

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of certain markets, or obligations resulting from agreements concluded in accordance 
with Article 300 of the Treaty make this necessary. 

2. 

Refunds shall be fixed by the Commission. 

Refunds may be fixed: 

(a) 

at regular intervals;  

(b)  by invitation to tender for products in respect of which provision was made for 

that procedure in the past. 

Except  where  fixed  by  tender,  the  list  of  products  on  which  an  export  refund  is 
granted  and  the  amount  of  export  refunds  shall  be  fixed  at  least  once  every  three 
months. The amount of the refund may, however, remain at the same level for more 
than three months and may, where necessary, be adjusted in the intervening period by 
the Commission, either at the request of a Member State or on its own initiative. 

3. 

One or more of the following aspects shall be taken into account when refunds for a 
certain product are being fixed: 

(a) 

the existing situation and the future trend with regard to: 

– 

– 

prices and availabilities of that product on the Community market, 

prices for that products on the world market. 

(b) 

(c) 

the  aims  of  the  common  market  organisation  which  are  to  ensure  equilibrium 
and the natural development of prices and trade on this market; 

the need to avoid disturbances likely to cause a prolonged imbalance between 
supply and demand on the Community market; 

(d) 

the economic aspect of the proposed exports; 

(e) 

(f) 

(g) 

the limits resulting from agreements concluded in accordance with Article 300 
of the Treaty; 

the need to establish a balance between the use of Community basic products in 
the manufacture of processed goods for export to third countries, and the use of 
third-country products brought in under processing arrangements; 

the  most  favourable  marketing  costs  and  transport  costs  from  Community 
markets to Community ports or other places of export together with forwarding 
costs to the countries of destination; 

(h)  demand on the Community market; 

(i) 

in  respect  of  the  pigmeat,  eggs  and  poultry  sectors,  the  difference  between 
prices within the Community and prices on the world market for the quantity of 
feed grain input required for the production in the Community of the products 
of those sectors.  

4. 

A corrective amount applicable to the export refunds may be set by the Commission. 
However, where necessary, the Commission may amend the corrective amounts. 

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The first subparagraph may also be applied to products that are exported in the form 
of goods listed in Annex XVII. 

Article 159 
Export refund adjustment for cereals 

Unless otherwise provided for by the Commission, the refund on products listed in points (a) 
and (b) of Part I of Annex I,  established in accordance with Article 160(2),  shall  be adjusted 
by  the  Commission  in  line  with  the  level  of  the  monthly  increases  applicable  to  the 
intervention price and, where appropriate, changes in that price. 

The  first  subparagraph  may  be  applied,  in  whole  or  in  part,  to  products  listed  in  points (c) 
and (d) of Part I of Annex I as well as to products referred to in Part I of Annex I and exported 
in the form of goods referred to in Part I of Annex XVII. In that case, the adjustment referred 
to in the first subparagraph shall be corrected by applying to the monthly increase a coefficient 
expressing the ratio between the quantity of basic product and the quantity thereof contained 
in the processed product exported or used in the goods exported. 

Article 160 
Granting of export refund 

Refunds  on  products  listed  in  Article 156(1)(a)  exported  as  such  without  further 
processing shall only be granted on presentation of an export licence. 

The refund applicable to products referred to in paragraph 1 shall be that applicable 
on the day of application for the licence or, as the case may be, that resulting from the 
tender procedure concerned and, in the case of a differentiated refund, that applicable 
on the same day: 

(a) 

for the destination indicated on the licence, or 

(b)  where appropriate, for the actual destination if this differs from the destination 
indicated on the licence, in which case the amount applicable shall not exceed 
the amount applicable to the destination indicated on the licence. 

Appropriate  measures  may  be  taken  by  the  Commission  to  prevent  abuse  of  the 
flexibility provided for in this paragraph. 

By way of derogation from paragraph 1, the Commission may decide that in the case 
of eggs for hatching and of day-old chicks export licences may be granted ex post. 

It  may  be  decided,  in  accordance  with  the  procedure  referred  to  in  Article 16(2)  of 
Council  Regulation  (EC)  No 3448/9365,  to  apply  paragraphs  1  and  2  to  the  goods 
referred to in Article 156(1)(b).  

Derogations from paragraph 1 and 2 may be granted by the Commission in the case 
of products on which export refunds are paid under food-aid operations. 

The refund shall be paid upon submission of proof that: 

OJ L 318, 20.12.1993, p. 18. 

1. 

2. 

3. 

4. 

5. 

6. 

65 

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(a) 

the products have been exported from the Community; 

(b) 

in the case of a differentiated refund, the products have reached the destination 
indicated  on  the  licence  or  another  destination  for  which  a  refund  was  fixed, 
without prejudice to point (b) of paragraph 2.  

However,  exceptions  may  be  allowed  by  the  Commission  provided  that 
conditions are laid down which offer equivalent guarantees. 

7. 

Further  conditions  for  the  granting  of  export  refunds  may  be  established  by  the 
Commission for one or more products. They may include: 

(a) 

that refunds are only paid for products of Community origin; 

(b) 

that the amount of refunds for imported products shall be limited to the duties 
collected  on  importation  where  those  duties  are  lower  than  the  refund 
applicable. 

Article 161 
Export refunds for live animals in the beef and veal sector 

With regard to products of the beef and veal sector, the granting and the payment of the refund 
for  exports  of  live  animals  shall  be  subject  to  compliance  with  the  provisions  established  in 
Community legislation concerning animal welfare and, in particular, the protection of animals 
during transport. 

Article 162 
Export limits 

Observance  of  the  volume  commitments  resulting  from  the  agreements  concluded  in 
accordance  with  Article 300  of  the  Treaty  shall  be  ensured  on  the  basis  of  export  licences 
issued  for  the  reference  periods  which  apply  to  the  products  concerned.  With  regard  to 
compliance with the obligations arising under the Agreement on Agriculture, the ending of a 
reference period shall not affect the validity of export licences. 

Article 163 
Implementing rules 

Detailed  rules  for  the  application  of  this  Section  shall  be  adopted  by  the  Commission,  in 
particular: 

(a) 

(b) 

(c) 

provisions on the redistribution of exportable quantities; 

provisions governing the quality and other specific requirements and conditions of the 
products eligible for an export refund; 

provisions  for  monitoring  whether  operations  conferring  entitlement  to  the  payment 
of refunds and all other amounts in respect of export transactions have been actually 
carried out and executed correctly including physical checks and document scrutiny. 

Any necessary amendments to Annex XVII shall be made by the Commission. 

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However,  the  detailed  rules  for  the  application  of  Article 160  for  products  referred  to  in 
Article 156(1)(b)  shall  be  adopted  in  accordance  with  the  procedure  referred  to  in 
Article 16(2) of Regulation (EC) No 3448/93. 

SECTION III 
EXPORT QUOTA MANAGEMENT 
IN THE MILK AND MILK PRODUCTS SECTOR 

Article 164 
Management of tariff quotas opened by third countries 

1. 

2. 

With regard to milk and milk products, where an agreement concluded in accordance 
with Article 300 of the Treaty provides for the total or partial management of a tariff 
quota opened by a third country, the management method to be applied and detailed 
rules relating to that method shall be adopted by the Commission. 

The tariff quotas referred to in paragraph 1 shall be administered in a manner which 
avoids any discrimination between the operators concerned and which guarantees the 
full use of the possibilities available under the quota concerned, by applying one of 
the following methods or a combination of them or another appropriate method: 

(a) 

(b) 

(c) 

a method based on the chronological order of the lodging of applications ("first 
come, first served" principle); 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (using the "simultaneous examination method"); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
"traditional/new arrival method"). 

SECTION IV 
SPECIAL IMPORT TREATMENT BY THIRD COUNTRIES 

Article 165 
Certificates for products benefiting from a special import treatment in a third country 

1. 

When products are exported which may, in accordance with agreements concluded by 
the Community in accordance with Article 300 of the Treaty, benefit from a special 
treatment on importation into a third country if certain conditions are respected, the 
competent  authorities  of  the  Member  States  shall,  on  request  and  after  appropriate 
checks, issue a document certifying that the conditions are met. 

2. 

Detailed rules for the application of this Article shall be adopted by the Commission.  

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SECTION V 
SPECIAL PROVISIONS FOR LIVE PLANTS 

Article 166 
Minimum export prices 

1. 

2. 

For each of the products of the live plants sector falling within CN code 0601 10, one 
or  more  minimum  prices  for  exports  to  third  countries  may  be  fixed  by  the 
Commission each year in good time before the marketing season.  

Exportation of such products shall be permitted only at a price equal to or above the 
minimum price fixed for the product in question. 

Detailed rules for the application of paragraph 1 shall be adopted by the Commission 
having  regard  to  the  obligations  arising  from  agreements  concluded  in  accordance 
with Article 300(2) of the Treaty. 

SECTION VI 
OUTWARD PROCESSING 

Article 167 
Suspension of outward processing arrangements 

To  the  extent  necessary  for  the  proper  functioning  of  the  common  organisation  of  the 
agricultural markets and, in particular, where the Community market is disturbed or liable to 
be  disturbed  by  outward  processing  arrangements,  the  use  of  such  arrangements  for  the 
products  of  the  cereals,  rice,  beef  and  veal,  pigmeat,  sheep  meat  and  goat  meat  and  poultry 
sectors may be fully or partially prohibited by the Commission. 

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PART IV 
COMPETITION RULES 

CHAPTER I 
RULES APPLYING TO UNDERTAKINGS 

Article 168 
Application of Articles 81 to 86 of the Treaty 

Save  as  otherwise  provided  for  in  this  Regulation,  Articles  81  to  86  of  the  Treaty  and 
implementation provisions thereof shall, subject to Article 169 of this Regulation, apply to all 
agreements,  decisions  and  practices  referred  to  in  Articles 81(1)  and 82  of  the  Treaty  which 
relate to the production of or trade in the products referred to in Article 1 of this Regulation. 

Article 169 
Exceptions 

1. 

2. 

3. 

Article 81(1) of the Treaty shall not apply to the agreements, decisions and practices 
referred to in Article 168 of this Regulation which are an integral part of a national 
market  organisation  or  are  necessary  for  the  attainment  of  the  objectives  set  out  in 
Article 33 of the Treaty 

In particular, Article 81(1) of the Treaty 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 the Commission finds that competition is thereby excluded or 
that the objectives of Article 33 of the Treaty are jeopardised. 

After  consulting  the  Member  States  and  hearing  the  undertakings  or  associations  of 
undertakings  concerned  and  any  other  natural  or  legal  person  that  it  considers 
appropriate, 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 undertake such determination 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. 

The  publication  of  the  decision  referred  to  in  the  first  subparagraph  of  paragraph 2 
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. 

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Article 170 
Agreements and concerted practices in the tobacco sector 

1. 

Article 81(1) of the Treaty shall not apply to the agreements and concerted practices 
of recognized interbranch organisations in the tobacco sector, intended to implement 
the measures referred to in Article 117(c) of this Regulation provided that: 

(a) 

the agreements and concerted practices have been notified to the Commission; 

(b) 

the  Commission,  acting  within  three  months  of  receipt  of  all  the  details 
required,  has  not  found  that  those  agreements  or  concerted  practices  are 
incompatible with Community competition rules. 

The  agreements  and  concerted  practices  may  not  be  implemented  during  that  three-
month period. 

2. 

Agreements  and  concerted  practices  shall  be  declared  contrary  to  Community 
competition rules in the following cases:  

(a) 

they may lead to the partitioning of markets in any form within the Community; 

(b) 

they may affect the sound operation of the market organisation; 

(c) 

(d) 

they may create distortions of competition which are not essential in achieving 
the  objectives  of  the  common  agricultural  policy  pursued  by  the  interbranch 
organisation measure; 

they entail the fixing of prices or quotas,  without  prejudice  to  measures  taken 
by  interbranch  organisations  in  the  application  of  specific  provisions  of 
Community rules; 

(e) 

they  may  create  discrimination  or  eliminate  competition  in  respect  of  a 
substantial proportion of the products in question. 

3. 

If, following expiry of the three-month period referred to in point (b) of paragraph 1, 
the  Commission  finds  that  the  conditions  for  applying  this  Chapter  have  not  been 
met,  it  shall  take  a  decision  declaring  that  Article 81(1)  of  the  Treaty  applies  to  the 
agreement or concerted practice in question. 

That  decision  shall  not  apply  earlier  than  the  date  of  notification  to  the  interbranch 
organisation  concerned,  unless  that  interbranch  organisation  has  given  incorrect 
information or abused the exemption provided for in paragraph 1 

Article 171 
Binding effect of agreements and concerted practices on non-members in the tobacco sector 

1. 

Interbranch  organisations  in  the  tobacco  sector  may  request  that  certain  of  their 
agreements or concerted practices be made binding for a limited period on individuals 
and  groups  in  the  economic  sector  concerned  which  are  not  members  of  the  trade 
branches which they represent, in the areas in which the branches operate. 

In  order  for  their  rules  to  be  extended,  interbranch  organisations  shall  represent  at 
least  two  thirds  of  the  production  and/or  the  trade  concerned.  Where  the  proposed 
extension  of  the  rules  is  of  inter-regional  scope,  the  interbranch  organisations  shall 

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prove they possess a minimum degree of representativeness, in respect of each of the 
grouped branches, in each region covered. 

2. 

The rules of which extension of the scope is requested shall have been in force for at 
least one year and shall relate to one of the following objectives:  

(a) 

knowledge of production and the market;  

(b)  definition of minimum qualities;  

(c) 

utilisation  of  cultivation  methods  compatible  with  the  protection  of  the 
environment; 

(d)  definition of minimum standards of packing and presentation; 

(e) 

use of certified seed and monitoring of product quality.  

3. 

Extension of the rules shall be subject to approval by the Commission.  

CHAPTER II 
STATE AID RULES 

Article 172 
Application of Articles 87, 88 and 89 of the Treaty 

Save as otherwise provided for in this Regulation, and in particular with the exception of the 
State  aids  referred  to  in  Article 175,  Articles 87,  88  and  89  of  the  Treaty  shall  apply  to  the 
production of  and trade  in the products  referred to  in Article 1 of this Regulation.  However, 
the  provisions  of  Article 88(1)  and  of  the  first  sentence  of  Article 88(3)  of  the  Treaty  shall 
apply without exceptions. 

Article 173 
Specific provisions for the milk and milk products sector 

Subject  to  Article 87(2)  of  the  Treaty,  aids  the  amount  of  which  is  fixed  on  the  basis  of  the 
price or quantity of milk products shall be prohibited. 

National  measures  permitting  equalisation  between  the  prices  of  milk  products  shall  also  be 
prohibited. 

Article 174 
Specific provisions for the wine sector 

Chapter II  of  Title II  of  Regulation  (EC)  No 1493/1999  shall  not  impede  the  granting  of 
national aid designated to achieve objectives similar to those sought by that Chapter. However, 
Article 172 of this Regulation shall apply to such aids. 

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Article 175 
Specific national provisions 

1. 

2. 

3. 

Subject  to  Commission  authorisation,  aids  for  the  production  and  marketing  of 
reindeer and reindeer products (CN ex 0208 and ex 0210) may be granted by Finland 
and  Sweden  insofar  as  they  do  not  entail  any  increase  in  traditional  levels  of 
production. 

Subject to Commission authorisation, Finland may grant aid respectively for certain 
quantities  of  seeds  and  for  certain  quantities  of  cereal  seed  produced  solely  in 
Finland, because of its specific climatic conditions. 

Member  States  which  reduce  their  sugar  quota  by  more  than  50 %  may  grant 
temporary State aid during the period for which the transitional aid for beet growers is 
being  paid  in  accordance  with  Chapter 10f  of  Title IV  of  Regulation  (EC) 
No 1782/2003. The Commission shall, on the basis of an application by any Member 
State  concerned,  decide  on  the  total  amount  of  the  State  aid  available  for  this 
measure. 

For  Italy, the temporary  aid referred to in the first  subparagraph, shall  not exceed a 
total of EUR 11 per marketing year per tonne of sugar beet to be granted to sugar beet 
growers and for the transport of sugar beet. 

Finland  may  grant  aid  up  to  EUR 350  per  hectare  per  marketing  year  to  sugar  beet 
growers. 

The Member States concerned shall inform the Commission within 30 days of the end 
of each marketing year of the amount of State aid actually granted in that marketing 
year. 

4. 

Until  31  December  2010,  Germany  may  grant  aid  in  the  framework  of  the  German 
Alcohol  Monopoly  for  products  marketed,  after  further  transformation,  by  the 
Monopoly, as ethyl alcohol of agricultural origin listed in Annex I to the Treaty. The 
total amount of this aid shall not exceed EUR 110 million per year. 

Germany shall present each year, before 30 June, a report to the Commission on the 
functioning of the system. Before 31 December 2009, the Commission shall present a 
report  to  the  European  Parliament  and  the  Council  on  the  application  of  the 
derogation,  including  an  evaluation  of  the  aids  granted  in  the  framework  of  the 
German Alcohol Monopoly, together with any appropriate proposals. 

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PART V 
SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS 

Article 176 
Promotional levy in the milk and milk products sector 

Without prejudice to the application of Articles 87, 88 and 89 of the Treaty as provided for in 
Article 172  of  this  Regulation,  a  Member  State  may  impose  a  promotional  levy  on  its  milk 
producers in respect of marketed quantities of milk or milk equivalent in order to finance the 
measures on promoting consumption in the Community, expanding the markets for milk and 
milk products and improving quality. 

Article 177 
Reporting in respect of certain sectors  

The Commission shall present a report: 

(1) 

(2) 

1. 

2. 

3. 

4. 

before 30 September 2008 to the Council on the dried fodder sector, on the basis of 
an evaluation of the provisions contained in this Regulation, dealing in particular with 
the  development  of  areas  of  leguminous  and  other  green  fodder,  the  production  of 
dried  fodder  and  the  savings  of  fossil  fuels  achieved.  The  report  shall  be 
accompanied, if needed, by appropriate proposals; 

every  three  years  and  for  the  first  time  by  31  December  2010  to  the  European 
Parliament  and  the  Council  on  the  implementation  of  the  measures  concerning  the 
apiculture sector set-out in Section VI of Chapter IV of Title I of Part II. 

Article 178 
Registration of contracts in the hops sector 

Any  contract  to  supply  hops  produced  within  the  Community  concluded  between  a 
producer or an association of producers and a buyer shall be registered by the bodies 
designated for that purpose by each producer Member State concerned. 

Contracts  relating  to  the  supply  of  specific  quantities  at  agreed  prices  for  a  period 
covering one or more harvests and concluded before 1 August of the year of the first 
harvest concerned shall be known as "contracts concluded in advance". They shall be 
registered separately. 

The  data  on  which  registration  is  based  may  be  used  only  for  the  purposes  of  this 
Regulation. 

The  Commission  shall  lay  down  the  detailed  rules  concerning  the  registration  of 
contracts to supply hops.  

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Article 179 
Disturbances as regards internal market prices 

The  Commission  may  take  the  necessary  measures  in  the  case  of  the  following  situations, 
when  those  situations  are  likely  to  continue,  thereby  disturbing  or  threatening  to  disturb  the 
markets: 

(a) 

(b) 

with regard to the products of the cereals, sugar, hops, beef and veal and sheep meat 
and  goat  meat  sectors,  where  the  prices  on  the  Community  market  for  any  of  those 
products rise or fall significantly;  

with regard to the products of the olives, pigmeat, eggs and poultry sectors, where the 
prices on the Community market for any of those products rise significantly. 

Article 180 
Disturbances as regards quotations or prices on the world market  

Where,  with  regard  to  the  products  of  the  cereals,  rice,  sugar  and  milk  and  milk  products 
sectors, the quotations or prices on the world market of one or more products reach a level that 
disrupts or threatens to disrupt the availability of supply on the Community market and where 
that  situation  is  likely  to  continue  or  to  deteriorate,  the  Commission  may  take  the  necessary 
measures for the sector concerned. It may in particular suspend import duties in whole or in 
part for certain quantities. 

Article 181 
Conditions for measures to be applied in cases of disturbances 

The measures provided for in Articles 179 and 180 may be adopted: 

(a) 

(b) 

provided that any other measures available under this Regulation appear insufficient; 

having  regard  to  the  obligations  arising  from  agreements  concluded  in  accordance 
with Article 300(2) of the Treaty. 

Article 182 
Communications in the ethyl alcohol sector 

1. 

As  regards  the  products  of  the  ethyl  alcohol  sector,  the  Member  States  shall 
communicate to the Commission the following information: 

(a) 

(b) 

(c) 

the production of ethyl alcohol of agricultural origin expressed as hectolitres of 
pure alcohol, broken down by alcohol-producing product used; 

the  volume  of  ethyl  alcohol  of  agricultural  origin  disposed  of,  expressed  as 
hectolitres of pure alcohol, broken down by sector of destination; 

the stocks of ethyl alcohol of agricultural origin available in the Member State 
at the end of the previous year; 

(d) 

forecast production for the current year. 

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Rules  for  communicating  this  information  and,  in  particular,  the  frequency  of 
communication and the definition of the sectors of destination shall be adopted by the 
Commission. 

2. 

On  the  basis  of  the  information  referred  to  in  paragraph  1  and  of  any  other 
information  available,  the  Commission  shall  draw  up  a  Community  balance  for  the 
market in ethyl alcohol of agricultural origin for the previous year and an estimated 
balance for the current year. 

The  Community  balance  shall  also  contain  information  on  ethyl  alcohol  of  non-
agricultural  origin.  The  precise  content  and  means  of  collecting  such  information 
shall be laid down by the Commission. 

For  the  purposes  of  this  paragraph,  "ethyl  alcohol  of  non-agricultural  origin"  shall 
mean  products  falling  within  CN  codes  2207,  2208 90 91  and  2208 90 99  not 
obtained from a specific agricultural product listed in Annex I to the Treaty. 

3. 

The  Commission  shall  notify  the  Member  States  of  the  balances  referred  to  in 
paragraph 2. 

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PART VI  
General Provisions 

Article 183 
Financial provisions 

Regulation  (EC)  No 1290/2005  and  the  provisions  adopted  for  the  implementation  thereof 
shall apply to the expenditure incurred by the Member States in carrying out obligations under 
this Regulation. 

Article 184 
Emergency 

The  Commission  shall  adopt  the  measures  which  are  both  necessary  and  justifiable  in  an 
emergency, in order to resolve practical specific problems. 

Such measures  may derogate from provisions of this Regulation, but only to the extent that, 
and for such a period, as is strictly necessary. 

Article 185 
Exchange of information between the Member States and the Commission 

1. 

2. 

Member  States  and  the  Commission  shall  provide  each  other  with  any  information 
necessary for the application of this Regulation or for market monitoring and analysis 
and for complying with the international obligations concerning the products referred 
to in Article 1. 

The  Commission  shall  adopt  detailed  rules  to  determine  what  information  is 
necessary  for  the  application  of  paragraph  1,  as  well  as  those  on  its  form,  content, 
timing  and  deadlines  and  on  arrangements  for  transmitting  or  making  available 
information and documents.  

Article 186 
Circumvention clause 

Without prejudice to any specific provisions, no advantages provided for under this Regulation 
shall  be  granted  in  favour  of  natural  or  legal  persons  for  whom  it  is  established  that  they 
artificially  created  the  conditions  required  for  obtaining  such  advantages,  contrary  to  their 
objectives. 

Article 187 
Controls and penalties and their reporting 

The Commission shall determine: 

(a) 

the  rules  concerning  administrative  and  physical  controls  to  be  conducted  by  the 
Member States with regard to the respect of obligations resulting from the application 
of this Regulation; 

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(b) 

(c) 

(d) 

a  system  for  the  application  of  penalties  where  non-compliances  with  any  of  the 
obligations resulting from the application of this Regulation are found; 

the rules regarding the recovery of undue payments; 

the rules on the reporting of the controls carried out as well as their results. 

The  penalties  referred  to  in  point  (b)  shall  be  graduated  according  to  the  severity,  extent, 
permanence and repetition of the non-compliance found. 

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PART VII 
IMPLEMENTING, TRANSITIONAL 
AND FINAL RULES 

CHAPTER I 
IMPLEMENTING PROVISIONS 

Article 188 
Committee 

1. 

2. 

The  Commission  shall  be  assisted  by  the  Management  Committee  for  the  Common 
Organisation of Agricultural Markets (hereinafter referred to as "the Committee"). 

Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC 
shall apply. 

The  period  laid  down  in  Article 4(3)  of  Decision  1999/468/EC  shall  be  set  at 
one month. 

3. 

The Committee shall adopt its Rules of Procedure. 

Article 189 
Implementing rules and Commission competences 

Where  this  Regulation  confers  competences  upon  the  Commission  to  take  measures,  the 
Commission shall act in accordance with the procedure referred to in Article 188(2). 

However,  in  respect  of  the  following  matters,  the  Commission  shall  act  on  its  own  without 
having recourse to the procedure referred to in Article 188(2): 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

decisions to open or to close public intervention referred to in Article 13 in respect of 
beef  and  veal  products  and  in  Article  14(1)  and  in  the  first  subparagraph  of 
Article 14(2) in respect of butter;  

decisions  concerning  the  applicability  of  Article 81(1)  of  the  Treaty  to  agreements 
and concerted practices of interbranch organisations referred to in Article 170 of this 
Regulation; 

recognition  of  interbranch  organisations  referred  to  in  the  second  paragraph  of 
Article 118; 

decisions  concerning  the  obligation  to  pay  subscriptions  by  non-members  to 
interbranch organisations referred to in Article 120; 

application of safeguard measures in accordance with Article 153; 

adjustments of the amount of export refunds in the intervening period referred to in 
the second subparagraph of Article 158(2); 

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(g) 

amendments  to  corrective  amounts  applicable  to  export  refunds  referred  to  in  the 
second sentence of Article 158(4); 

(h) 

drawing up of Community balances referred to in Article 182(2).  

Article 190 
Repeal by the Commission of certain Regulations adopted by the Council 

In  exercising  powers  conferred  upon  it  by  this  Regulation,  the  Commission  may  repeal  or 
amend  Regulations  adopted  by  the  Council  based  on  any  of  the  Regulations  or  provisions 
repealed or deleted by Articles 191, 192, 193 and 195. 

CHAPTER II 
TRANSITIONAL AND FINAL PROVISIONS 

Article 191 
Amendments to Regulation (EC) No 1493/1999 

Articles 71 and 73 to 77 of Regulation (EC) No 1493/1999 are deleted. 

Article 192 
Amendments to Regulation (EC) No 2200/96 

Articles 43, 44, 46, 47, 48 and 52 of Regulation (EC) No 2200/96 are deleted. 

Article 193 
Amendments to Regulation (EC) No 2201/96 

Articles 23, 26, 27, 29 and 30 of Regulation (EC) No 2201/96 are deleted.  

Article 194 
Amendments to Regulation (EC) No 1184/2006 

Regulation (EC) No 1184/2006 is amended as follows: 

(1) 

The title is replaced by the following: 

"Council  Regulation  (EC)  No 1184/2006  of  24  July  2006  applying  certain  rules  of 
competition to the production of and trade in certain agricultural products" 

(2) 

Article 1 is replaced by the following: 

"Article 1 

This Regulation shall lay down the rules to be applied as regards the applicability of 
Articles  81  to  86  and  certain  provisions  of  Article  88  of  the  Treaty  in  relation  to 
production  of,  or  trade  in,  the  products  listed  in  Annex  I  to  the  Treaty  with  the 
exception  of  the  products  that  fall  within  the  scope  of  Council  Regulation  (EC) 
No [XXX]* referred to in Article 1 of that Regulation. 

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Article 1a 

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  the 
production of, or trade in, the products referred to in Article 1. 

* 

OJ L xxx, xxx, p. xxx." 

(3) 

The first subparagraph of Article 2(1) is replaced by the following: 

"1.  Article  81(1)  of  the  Treaty  shall  not  apply  to  such  of  the  agreements  and 
practices  referred  to  in  Article  1a  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." 

(4) 

Article 3 is replaced by the following: 

"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 the production of, or trade in, the products referred to in 
Article 1." 

1. 

The following Regulations are repealed: 

Article 195 
Repeals 

(a)  Regulations  (EEC)  No 234/68,  (EEC)  No 827/68,  (EEC)  No  2517/69,  (EEC) 
No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) 
No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) 
No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) 
No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) 
No 797/2004 and (EC) No 1952/2005 as from 1 January 2008; 

(b)  Regulations  (EEC)  No 707/76,  (EC)  No 1786/2003,  (EC)  No 1788/2003  and 

(EC) No 1544/2006 as from 1 April 2008; 

(c)  Regulations  (EEC)  No 1898/87,  (EEC)  No 2204/90,  (EEC)  No 2991/94,  (EC) 
No 2597/97  (EC)  No 1255/1999,  (EC)  No 2250/1999,  (EC)  No 1673/2000, 
(EC) No 1784/2003, (EC) No 865/2004 and (EC) No 1947/2005 as from 1 July 
2008; 

(d)  Regulation (EC) No 1785/2003 as from 1 September 2008; 

(e)  Regulation (EC) No 318/2006 as from 1 October 2008; 

(f)  Regulations (EEC) No 386/90, (EEC) No 1186/90 and (EC) No 1183/2006 as 

from 1 January 2009. 

2. 

Decision 74/583/EEC is repealed as from 1 January2008. 

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Article 196 
Construction of references 

References to the provisions and Regulations which are amended or repealed by Articles 191 
to 195 shall be construed as references to this Regulation and shall be read in accordance with 
the correlation tables set out in Annex XVIII. 

Article 197 
Transitional rules 

Measures  required  to  facilitate  the  transition  from  the  arrangements  provided  for  in  the 
Regulations which are amended or repealed by Articles 191 to 195 to those established by this 
Regulation, may be adopted by the Commission. 

Article 198 
Entry into force 

1. 

2. 

3. 

4. 

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

It shall apply from 1 January 2008. 

However, it shall apply: 

(a) 

as  regards  the  cereals,  seeds,  olives  and  flax  and  hemp  sectors,  from 
1 July 2008; 

(b) 

as regards the rice sector, from 1 September 2008; 

(c) 

as  regards  the  sugar  sector,  from  1 October 2008  with  the  exception  of 
Article 56 which shall apply as from 1 January 2008. 

(d) 

as regards the dried fodder and the silkworm sectors, from 1 April 2008; 

(e) 

as regards the wine sector as well as Article 191, from 1 August 2008; 

(f) 

(g) 

as  regards  the  milk  and  milk  products  sector,  with  the  exception  of  the 
provisions set out in Chapter III of Title I of Part II, from 1 July 2008; 

as regards the system of milk production limitation established in Chapter III of 
Title I of Part II, from 1 April 2008; 

As  regards  the  sugar  sector,  the  provisions  of  Title I  of  Part II  shall  apply  until  the 
end of the marketing year 2014/2015 for sugar. 

The  provisions  related  to  the  system  of  milk  production  limitation  established  in 
Chapter III  of  Title I  of  Part II  shall,  in  accordance  with  Article 63,  apply  until 
31 March 2015. 

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

Done at Brussels, … 

For the Council 
The President 

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ANNEX I 
LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) 

Part I: Cereals 

As regards cereals, this Regulation shall cover the products listed in the following table: 

CN code 

Description 

(a) 

0709 90 60 

Sweetcorn, fresh or chilled 

0712 90 19 

1001 90 91 

1001 90 99 

1002 00 00 

1003 00 

1004 00 

1005 10 90 

1005 90 00 

1007 00 90 

1008 

1001 10 

1101 00 00 

1102 10 00 

1103 11 

1107 

0714 

(b) 

(c) 

(d) 

Dried sweetcorn, whole, cut, sliced, broken or in powder, but not 
further prepared, other than hybrid for sowing 

Common wheat and meslin seed 

Spelt, common wheat and meslin other than for sowing 

Rye 

Barley 

Oats 

Maize (corn) seed other than hybrid 

Maize other than seed 

Grain sorghum, other than hybrids for sowing 

Buckwheat, millet and canary seed; other cereals 

Durum wheat 

Wheat or meslin flour 

Rye flour 

Groats and meal of wheat 

Malt, whether or not roasted 

Manioc,  arrowroot,  salep,  Jerusalem  artichokes,  sweet  potatoes 
and  similar  roots  and  tubers  with  high  starch  or  inulin  content, 
fresh,  chilled,  frozen  or  dried,  whether  or  not  sliced  or  in  the 
form of pellets; sago pith 

ex  1102 

Cereal flours other than of wheat or meslin: 

1102 20 

1102 90 

1102 90 10 

1102 90 30 

1102 90 90 

– Maize (corn) flour 

– Other: 

– – Barley flour 

– – Oat flour 

– – Other 

ex  1103 

ex  1104 

Cereal groats, meal and pellets with the exception of groats and 
meal  of  wheat  (subheading  1103  11),  groats  and  meal  of  rice 
(subheading  1103  19  50)  and  pellets  of  rice  (subheading 
1103 20 50) 

Cereal  grains  otherwise  worked  (for  example,  hulled,  rolled, 
flaked,  pearled,  sliced  or  kibbled),  except  rice  of  heading  1006 
and  flaked  rice  of  subheading  1104 19 91;  germ  of  cereals, 
whole, rolled, flaked or ground 

1106 20 

Flour,  meal  and  powder  of  sago  or  of  roots  or  tubers  of 

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ex  1108 

1108 11 00 

1108 12 00 

1108 13 00 

1108 14 00 

heading 0714 

Starches; inulin: 

– Starches: 

– – Wheat starch 

– – Maize (corn) starch 

– – Potato starch 

– – Manioc (cassava) starch 

ex  1108 19 

– – Other starches: 

1108 19 90 

1109 00 00 

1702 

ex  1702 30 

– – – Other 

Wheat gluten, whether or not dried 

Other sugars, including chemically pure lactose, maltose, glucose 
and  fructose,  in  solid  form;  sugar  syrups  not  containing  added 
flavouring  or  colouring  matter;  artificial  honey,  whether  or  not 
mixed with natural honey; caramel: 

– Glucose  and  glucose  syrup,  not  containing  fructose  or 
containing in the dry state less than 20% by weight of fructose: 

– – Other: 

– – – Other: 

1702 30 91 

– – – – In  the  form  of  white  crystalline  powder,  whether  or  not 
agglomerated 

1702 30 99 

– – – – Other 

ex  1702 40 

– Glucose and glucose syrup, containing in the dry state at least 
20%  but  less  than  50%  by  weight  of  fructose,  excluding  invert 
sugar: 

1702 40 90 

– – Other 

ex  1702 90 

– Other,  including  invert  sugar  and  other  sugar  and  sugar  syrup 
blends containing in the dry state 50% by weight of fructose: 

1702 90 50 

– – Maltodextrine and maltodextrine syrup 

– – Caramel: 

– – – Other: 

1702 90 75 

1702 90 79 

2106 

– – – – In the form of powder, whether or not agglomerated 

– – – – Other 

Food preparations not elsewhere specified or included: 

ex  2106 90 

– Other 

– – Flavoured or coloured sugar syrups: 

– – – Other 

2106 90 55 

– – – – Glucose syrup and maltodextrine syrup 

ex  2302 

ex  2303 

Bran,  sharps  and  other  residues,  whether  or  not  in  the  form  of 
pellets,  derived  from  the  sifting,  milling  or  other  working  of 
cereals 

Residues  of  starch  manufacture  and  similar  residues,  beet-pulp, 
bagasse  and  other  waste  of  sugar  manufacture,  brewing  or 
distilling dregs and waste, whether or not in the form of pellets: 

2303 10 

– Residues of starch manufacture and similar residues 

EN 

120 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2303 30 00 

– Brewing or distilling dregs and waste 

ex  2306 

Oilcake and other solid residues, whether or not ground or in the 
form of pellets, resulting from the extraction of vegetables fats or 
oils, other than those of headings 2304 and 2305: 

2306 90 05 

– Of maize (corn) germ 

ex  2308 

Vegetable materials and vegetable waste, vegetable residues and 
by-products, whether or not in the form of pellets, of a kind used 
in animal feeding, not elsewhere specified or included: 

2308 00 40 

- Acorns and horse-chestnuts; pomace or marc of fruit, other than 
grapes 

2309 

Preparations of a kind used in animal feeding: 

ex  2309 10 

– Dog or cat food, put up for retail sale: 

2309 10 11 
2309 10 13 
2309 10 31 
2309 10 33 
2309 10 51 
2309 10 53 

– – Containing  starch,  glucose,  glucose  syrup,  maltodextrine  or 
maltodextrine 
to 
1702 30 99,  1702  40  90,  1702 90 50  and  2106 90 55  or  milk 
products(1)  except  preparations  and  feedingstuffs  containing 
50% or more by weight of milk products 

subheadings  1702 30 51 

syrup  of 

ex  2309 90 

– Other: 

2309 90 20 

– – Products referred to in additional note 5 to Chapter 23 of the 

Combined Nomenclature 

– – Other, including premixes: 

2309 90 31 
2309 90 33 
2309 90 41 
2309 90 43 
2309 90 51 
2309 90 53 

– – – Other, 

syrup  of 

containing 

starch,  glucose,  glucose 

syrup, 
maltodextrine 
to 
1702 30 99,  1702 40 90,  1702 90 50  and  2106 90 55,  or 
milk  products(1),  excluding  preparations  and  feedingstuffs 
containing 50% or more by weight of milk products 

subheadings  1702 30 51 

(1)  For the purposes of this subheading «milk products» means products falling within headings 0401 to 0406 

as well as subheadings 1702 11, 1702 19 and 2106 90 51. 

EN 

121 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards rice, this Regulation shall cover the products listed in the following table: 

Part II: Rice 

(a) 

(b) 

(c) 

CN Code 

1006 10 21 to 
1006 10 98 

1006 20 

1006 30 

1006 40 00 

1102 90 50 

1103 19 50 

1103 20 50 

1104 19 91 

ex  1104 19 99 

Description 

Rice in the husk (paddy or rough) 

Husked (brown) rice 

Semi-milled  or  wholly  milled  rice,  whether  or  not  polished  or 
glazed 

Broken rice 

Rice flour 

Rice groats and meal 

Pellets of rice 

Flaked grains of rice 

Rolled grains of rice 

1108 19 10 

Rice starch 

EN 

122 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part III: Sugar 

As regards sugar, this Regulation shall cover the products listed in the following table: 

CN code 

Description 

(a) 

1212 91 

1212 99 20  

(b) 

(c) 

1701 

1702 20 

Sugar beet 

Sugar cane  

Cane or beet sugar and chemically pure sucrose, in solid form  

Maple sugar and maple syrup  

1702  60  95  and  1702  90 
99  

Other  sugars  in  solid  form  and  sugar  syrups,  not  containing 
added  flavouring  or  colouring  matter,  but  not  including  lactose, 
glucose, maltodextrine and isoglucose  

1702 90 60  

1702 90 71  

2106 90 59  

1702 30 10 
1702 40 10 
1702 60 10 
1702 90 30 

1702 60 80 
1702 90 80 

1703 

2106 90 30 

2303 20 

(d) 

(e) 

(f) 

(g) 

(h) 

Artificial honey, whether or not mixed with natural honey  

Caramel containing 50% or more by weight of sucrose in the dry 
matter  

Flavoured  or  coloured  sugar  syrups,  other  than  isoglucose, 
lactose, glucose and maltodextrine syrups  

Isoglucose 

Inulin syrup 

Molasses resulting from the extraction or refining of sugar  

Flavoured or coloured isoglucose syrups  

Beet pulp, bagasse and other waste of sugar manufacture  

EN 

123 

   EN 

 
 
 
 
 
 
 
 
 
 
As regards dried fodder, this Regulation shall cover the products listed in the following table: 

Part IV: Dried Fodder 

CN code 

Description 

(a) 

ex 1214 10 00 

–  Meal and pellets of lucerne artificially heat-dried 

ex 1214 90 90 

–  Meal and pellets of lucerne otherwise dried and ground 

–  Lucerne,  sainfoin,  clover,  lupins,  vetches  and  similar  fodder 
products,  artificially  heat-dried,  except  hay  and  fodder  kale 
and products containing hay 

–  Lucerne,  sainfoin,  clover, 

lupins,  vetches,  honey 
chickling pea and birdsfoot, otherwise dried and ground 

lotus, 

(b) 

ex 2309 90 99 

–  Protein  concentrates  obtained  from  lucerne  juice  and  grass 

juice 

–  Dehydrated products obtained exclusively from solid residues 
and  juice  resulting  from  preparation  of  the  abovementioned 
concentrates 

EN 

124 

   EN 

 
 
 
 
 
 
 
 
Part V: Seeds 

As regards seeds, this Regulation shall cover the products listed in the following table 

CN code 

Description of goods 

0712 90 11 

0713 10 10 

ex  0713 20 00 

ex  0713 31 00 

ex  0713 32 00 

0713 33 10 

ex  0713 39 00 

ex  0713 40 00 

ex  0713 50 00 

ex  0713 90 00 

1001 90 10 

ex  1005 10 

1006 10 10 

1007 00 10 

1201 00 10 

1202 10 10 

1204 00 10 

1205 10 10 

1206 00 10 

ex  1207 

1209 

for sowing 

for sowing 

for sowing 

Sweetcorn hybrids: 
– 
for sowing 
Peas (Pisum sativum): 
– 
Chickpeas (garbanzos): 
– 
for sowing 
Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) 
Wilczek: 
– 
Small red (Adzuki) beans (Phaseolus or Vigna angularis): 
– 
Kidney beans, including white pea beans (Phaseolus vulgaris): 
– 
Other beans: 
– 
Lentils: 
– 
Broad  beans  (Vicia  faba  var.  major)  and  horse  beans  (Vicia  faba 
var. equina, Vicia faba var. minor): 
– 
Other dried leguminous vegetables: 
– 
Spelt:  
– 
Hybrid maize (corn) seed 

for sowing 

for sowing 

for sowing 

for sowing 

for sowing 

for sowing 

for sowing 

for sowing 

Rice in the husk (paddy or rough): 
– 
for sowing 
Grain sorghum hybrids: 
– 
for sowing 
Soya beans, whether or not broken: 
– 
Groundnuts, not roasted or otherwise cooked, in shell: 
– 
Linseed, whether or not broken: 
– 
Rape or colza seeds, whether or not broken: 
– 
Sunflower seeds, whether or not broken: 
– 
Other oil seeds and oleaginous fruits, whether or not broken: 
– 
Seeds, fruit and spores, of a kind used: 
– 

for sowing 

for sowing 

for sowing 

for sowing 

for sowing 

EN 

125 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Part VI: Hops 

1. 

As regards hops, this Regulation shall cover the products listed in the following table 

1210 

2. 

CN code 

Description of goods 

Hop cones, fresh or dried, whether or not ground, powdered or in 
the form of pellets; lupulin 

The  rules  of  this  Regulation  on  marketing  and  trade  with  third  countries  shall  also 
apply to the following products: 

CN code 

Description of goods 

1302 13 00 

Vegetable saps and extracts of hops 

EN 

126 

   EN 

 
Part VII: Olive Oil and Table Olives 

As  regards  olive  oil  and  table  olives,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

(a) 

1509 

1510 00 

(b) 

0709 90 31 

0709 90 39 

0710 80 10 

0711 20 

ex  0712 90 90 

Description 

Olive  oil  and  its  fractions,  whether  or  not  refined,  but  not 
chemically modified 

Other  oils  and  their  fractions,  obtained  solely  from  olives, 
whether  or  not  refined,  but  not  chemically  modified,  including 
blends of these oils or fractions with oils or fractions of heading 
1509 

Olives, fresh or chilled, for uses other than the production of oil 

Other olives, fresh or chilled 

Olives  (uncooked  or  cooked  by  steaming  or  boiling  water), 
frozen 

Olives provisionally preserved (for example, by sulphur dioxide 
gas, in brine, in sulphur water or in other preservative solutions), 
but unsuitable in that state for immediate consumption 

Olives  dried,  whole,  cut,  sliced,  broken  or  in  powder,  but  not 
further prepared 

2001 90 65 

Olives prepared or preserved by vinegar or acetic acid 

ex  2004 90 30 

2005 70 

(c) 

1522 00 31 
1522 00 39 

Olives prepared or preserved otherwise than by vinegar or acetic 
acid, frozen 

Olives prepared or preserved otherwise than by vinegar or acetic 
acid, not frozen 

Residues  resulting  from  the  treatment  of  fatty  substances  or 
the 
animal  or  vegetable  waxes  containing  oil  having 
characteristics of olive oil 

2306 90 11  – 
2306 90 19 

Oil-cake and other residues resulting from the extractions of olive 
oil 

EN 

127 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part VIII: Flax and hemp grown for fibre 

As regards flax and hemp grown for fibre, this Regulation shall cover the products listed in the 
following table 

CN code 

Description 

5301 

5302 

Flax,  raw  or  processed  but  not  spun;  flax  tow  and  waste 
(including yarn waste and garnetted stock) 

True hemp (Cannabis sativa L.) raw or processed but not spun; 
tow and waste of true hemp (including yarn waste and garnetted 
stock) 

EN 

128 

   EN 

 
Part IX: Fruit and Vegetables 

As regards fruit and vegetables, this Regulation shall cover the products listed in the following 
table: 

CN code 

Description 

0702 00 00 

Tomatoes, fresh or chilled 

0703 

0704 

0705 

0706 

0707 00  

0708 

ex  0709 

ex  0802 

0803 00 11 

ex  0803 00 90 

0804 20 10 

0804 30 00 

0804 40 00 

0804 50 00 

0805 

0806 10 10 

0807 

0808 

0809 

0810 

0813 50 31 
0813 50 39 

1212 99 30 

Onions,  shallots,  garlic,  leeks  and  other  alliaceous  vegetables, 
fresh or chilled 

Cabbages,  cauliflowers,  kohlrabi,  kale  and  similar  edible 
brassicas, fresh or chilled 

Lettuce  (Lactuca  sativa)  and  chicory  (Cichorium  spp.),  fresh  or 
chilled 

Carrots,  turnips,  salad  beetroot,  salsify,  celeriac,  radishes  and 
similar edible roots, fresh or chilled 

Cucumbers and gherkins, fresh or chilled 

Leguminous vegetables, shelled or unshelled, fresh or chilled 

Other  vegetables,  fresh  or  chilled,  excluding  vegetables  of 
subheadings  0709 60 91,  0709 60 95,  0709 60 99,  0709 90 31, 
0709 90 39 and 0709 90 60 

Other  nuts,  fresh  or  dried,  whether  or  not  shelled  or  peeled, 
excluding areca (or betel) and cola nuts falling within subheading 
0802 90 20 

Fresh plantains 

Dried plantains 

Figs, fresh 

Pineapples 

Avocados 

Guavas, mangos and mangosteens 

Citrus fruit, fresh or dried 

Fresh table grapes 

Melons (including watermelons) and pawpaws (papayas), fresh 

Apples, pears and quinces, fresh 

Apricots,  cherries,  peaches  (including  nectarines),  plums  and 
sloes, fresh 

Other fruit, fresh 

Mixtures exclusively of dried nuts of headings 0801 and 0802 

Carobs 

EN 

129 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part X: Processed Fruit and Vegetable Products 

As  regards  processed  fruit  and  vegetable  products,  this  Regulation  shall  cover  the  products 
listed in the following table: 

CN Code 

(a) 

ex  0710 

Description 

Vegetables (uncooked or cooked by steaming or boiling in water) 
frozen, excluding sweetcorn of subheading 0710 40 00, olives of 
subheading  0710 80 10  and  fruits  of  the  genus  Capsicum  or  of 
the genus Pimenta of subheading 0710 80 59 

ex  0711 

ex  0712 

0804 20 90 

0806 20 

ex  0811 

ex  0812 

ex  0813 

0814 00 00 

Vegetables  provisionally  preserved  (for  example,  by  sulphur 
dioxide  gas,  in  brine,  in  sulphur  water  or  in  other  preservative 
solutions),  but  unsuitable 
immediate 
in 
consumption,  excluding  olives  of  subheading  0711 20,  fruits  of 
the  genus  Capsicum  or  of  the  genus  Pimenta  of  subheading 
0711 90 10 and sweetcorn of subheading 0711 90 30 

state 

that 

for 

Dried vegetables, whole, cut, sliced, broken or in powder, but not 
further prepared, excluding potatoes dehydrated by artificial heat-
drying  and  unfit  for  human  consumption  falling  within 
the 
subheading  ex 0712 90 05, 
subheadings  ex 0712 90 11  and  0712 90 19  and  olives  falling 
within subheading ex 0712 90 90 

falling  within 

sweetcorn 

Dried figs 

Dried grapes 

Fruit and nuts, uncooked or cooked steaming or boiling in water, 
frozen,  not  containing  added  sugar  or  other  sweetening  matter, 
excluding 
subheading 
ex 0811 90 95 

falling  within 

bananas 

frozen 

Fruit  and  nuts,  provisionally  preserved  (for  example  by  sulphur 
dioxide  gas,  in  brine,  in  sulphur  water  or  in  other  preservative 
solutions),  but  unsuitable 
immediate 
in 
consumption,  excluding  bananas  falling  within  subheading 
ex 0812 90 98 

state 

that 

for 

Fruit, dried, other than that of headings 0801 to 0806; mixtures of 
nuts or dried fruits of this chapter excluding mixtures exclusively 
of  nuts  of  headings  0801  and  0802  falling  within  subheadings 
0813 50 31 and 0813 50 39 

Peel  of  citrus  fruit  or  melons  (including  watermelons),  fresh, 
frozen, dried or provisionally preserved in brine, in sulphur water 
or in other preservative solutions 

0904 20 10 

Dried sweet peppers, neither crushed nor ground 

EN 

130 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
(b) 

ex  0811 

ex  1302 20 

ex  2001 

2002 

2003 

ex  2004 

ex  2005 

ex  2006 00 

ex  2007 

ex  2008 

Fruit  and  nuts,  uncooked  or  cooked  by  steaming  or  boiling  in 
water, frozen, containing added sugar or other sweetening matter 

Pectic substances and pectinates 

fruit of the genus Capsicum other than sweet peppers or 

sweetcorn  (Zea  mays  var.  saccharata)  of  subheading 

Vegetables, fruit, nuts and other edible  parts of plants, prepared 
or preserved by vinegar or acetic acid, excluding: 
- 
pimentos of subheading 2001 90 20 
- 
2001 90 30 
- 
yams,  sweet  potatoes  and  similar  edible  parts  of  plants 
containing  5%  or  more  by  weight  of  starch  of  subheading 
2001 90 40 
- 
- 
- 
plants falling within subheading ex 2001 90 99 

palm hearts of subheading 2001 90 60 
olives of subheading 2001 90 65 
vine leaves, hop shoots and other similar edible parts of 

Tomatoes  prepared  or  preserved  otherwise  than  by  vinegar  or 
acetic acid 

Mushrooms and truffles, prepared or preserved otherwise than by 
vinegar or acetic acid 

Other vegetables prepared or preserved otherwise than by vinegar 
or  acetic  acid,  frozen,  other  than  the  products  of  heading  2006, 
excluding  sweetcorn  (Zea  mays  var.  saccharata)  of  subheading 
ex 2004 90 10, olives of subheading ex 2004 90 30 and potatoes 
prepared  or  preserved  in  the  form  of  flour,  meal  or  flakes  of 
subheading 2004 10 91  

Other vegetables prepared or preserved otherwise than by vinegar 
or  acetic  acid,  not  frozen,  other  than  products  of  heading  2006 
excluding  olives  of  subheading  2005 70,  sweetcorn  (Zea  mays 
var. saccharata) of subheading 2005 80 00 and fruit of the genus 
Capsicum,  other  than  sweet  peppers  or  pimentos  of  subheading 
2005 99 10  and  potatoes  prepared  or  preserved  in  the  form  of 
flour, meal or flakes of subheading 2005 20 10  

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar 
(drained,  glacé  or  crystallised),  excluding  bananas  preserved  by 
sugar falling within headings ex 2006 00 38 and ex 2006 00 99 

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut 
pastes,  whether  or  not  containing  added  sugar  or  other 
sweetening matter, excluding: 
– 
ex 2007 10 
– 
subheadings ex 2007 99 39, ex 2007 99 57 and ex 2007 99 98 

homogenised  preparations  of  bananas  of  subheading 

jams,  jellies,  marmalades,  purée  or  pastes  of  bananas  of 

Fruit, nuts and other edible parts of plants, otherwise prepared or 
preserved,  whether  or  not  containing  added  sugar  or  other 
sweetening matter or spirit, not elsewhere specified or included, 
excluding: 
– 
– 

peanut butter of subheading 2008 11 10 
palm hearts of subheading 2008 91 00 

EN 

131 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
vine leaves, hop shoots and other similar edible parts of 

– 
maize of subheading 2008 99 85 
yams,  sweet  potatoes  and  similar  edible  parts  of  plants, 
– 
containing  5%  or  more  by  weight  of  starch  of  subheading 
2008 99 91 
– 
plants falling within subheading ex 2008 99 99 
– 
mixtures  of  banana  otherwise  prepared  or  preserved  of 
subheadings  ex 2008 92 59,  ex 2008 92 78,  ex 2008 92 93  and 
ex 2008 92 98 
– 
ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99 

bananas otherwise prepared or preserved of subheadings 

ex  2009 

juices  (excluding  grape 

juice  and  grape  must  of 
Fruit 
subheadings  2009 61  and  2009 69  and  banana 
juice  of 
subheading  ex  2009 80)  and  vegetable  juices,  unfermented  and 
not  containing  added  spirit,  whether  or  not  containing  added 
sugar or other sweetening matter 

EN 

132 

   EN 

 
 
As regards bananas, this Regulation shall cover the products listed in the following table: 

Part XI: Bananas 

CN codes 

0803 00 19 

0803 00 90 

Description 

Fresh bananas, excluding plantains 

Dried bananas, excluding plantains 

0812 90 98 90 

Bananas provisionally preserved 

Mixtures containing dried bananas 

Flour, meal and powder of bananas 

Bananas preserved in sugar 

Homogenised preparations of bananas 

Jams, jellies, marmalades, purées and pastes of bananas 

Mixtures containing bananas otherwise prepared or preserved 

Bananas otherwise prepared or preserved 

Banana juice 

0813 50 99 

1106 30 10 

2006 00 99 

2007 10 99 

2007 99 39 
2007 99 57 
2007 99 98 

2008 92 59 
2008 92 78 
2008 92 93 
2008 92 98 

2008 99 49 
2008 99 67 
2008 99 99 

2009 80 35 
2009 80 38 
2009 80 79 
2009 80 86 
2009 80 89 
2009 80 99 

ex 

ex 

ex 

ex 

ex 

ex 
ex 
ex 

ex 
ex 
ex 
ex 

ex 
ex 
ex 

ex 
ex 
ex 
ex 
ex 
ex 

EN 

133 

   EN 

 
 
 
As regards wine, this Regulation shall cover the products listed in the following table: 

Part XII: Wine 

(a) 

CN code 

2009 61 
2009 69 

2204 30 92 
2204 30 94 
2204 30 96 
2204 30 98 

(b) 

ex  2204 

(c) 

(d) 

0806 10 90 

2209 00 11 
2209 00 19 

2206 00 10 

2307 00 11 
2307 00 19 

2308 00 11 
2308 00 19 

Description 

Grape juice (including grape must) 

Other  grape  musts,  other  than  those  in  fermentation  or  with 
fermentation arrested otherwise than by the addition of alcohol 

Wine of fresh grapes, including fortified wines; grape must other 
than  that  of  heading  2009,  excluding  other  grape  must  of 
subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98 

Fresh grapes other than table grapes 

Wine vinegar 

Piquette 

Wine lees 

Grape marc 

Part XIII: Live trees and other plants, bulbs, roots and the like,  
cut flowers and ornamental foliage 

As  regards  live  trees  and  other  plants,  bulbs,  roots  and  the  like,  cut  flowers  and  ornamental 
foliage, this Regulation shall cover all the products falling within Chapter 6 of the Combined 
Nomenclature. 

Part XIV: Raw Tobacco 

As  regards  raw  tobacco,  this  Regulation  shall  cover  raw  or  non-manufactured  tobacco  and 
tobacco refuse falling within heading 2401. 

EN 

134 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards beef and veal, this Regulation shall cover the products listed in the following table: 

Part XV: Beef and Veal 

(a) 

CN code 

0102 90 05 to
0102 90 79 

0201 

0202 

0206 10 95 

0206 29 91 

0210 20  

0210 99 51 

0210 99 90 

1602 50 10 

1602 90 61 

Description of goods 

Live animals of the domestic bovine species, other than pure-
bred breeding animals 

Meat of bovine animals, fresh or chilled 

Meat of bovine animals, frozen 

Thick skirt and thin skirt, fresh or chilled 

Thick skirt and thin skirt, frozen 

Meat of bovine animals, salted, in brine, dried or smoked 

Thick skirt and thin skirt, salted, in brine, dried or smoked 

Edible flours and meals of meat or meat offal 

Other  prepared  or  preserved  meat  or  meat  offal  of  bovine 
animals,  uncooked;  mixtures  of  cooked  meat  or  offal  and 
uncooked meat or offal 

Other  prepared  or  preserved  meat  containing  bovine  meat  or 
offal,  uncooked;  mixtures  of  cooked  meat  or  offal  and 
uncooked meat or offal 

(b) 

0102 10 

Live bovine pure-bred breeding animals 

0206 10 91 

0206 10 99 

0206 21 00 

0206 22 00 

0206 29 99 

0210 99 59 

ex 

1502 00 90 

1602 50 31 to
1602 50 80 

1602 90 69 

Edible  offal  of  bovine  animals  excluding  thick  skirt  and  thin 
skirt,  fresh  or  chilled,  other  than  for  the  manufacture  of 
pharmaceutical products 

Edible  offal  of  bovine  animals  excluding  thick  skirt  and  thin 
skirt, frozen, other than for the manufacture of pharmaceutical 
products 

Edible meat offal of bovine animals, salted, in brine, dried or 
smoked, other than thick skirt and thin skirt 

Fats  of  bovine  animals,  raw  or  rendered,  whether  or  not 
pressed or solvent extracted 

Other  prepared  or  preserved  meat  or  meat  offal,  of  bovine 
animals, other than uncooked meat or meat offal and mixtures 
of cooked meat or offal and uncooked meat or offal 

Other  prepared  or  preserved  meat  containing  bovine  meat  or 
offal  other  than  uncooked,  and  mixtures  of  cooked  meat  or 
offal and uncooked meat or offal. 

EN 

135 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XVI: Milk and milk products  

As  regards  milk  and  milk  products,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

(a) 

(b) 

(c) 

CN code 

0401 

0402 

0403 10 11 
to 39 

0403 90 11 
to 69 

(d) 

0404 

(e) 

ex  0405 

0406 

1702 19 00 

(f) 

(g) 

(h) 

(i) 

Description of goods 

Milk and cream, not concentrated nor containing added sugar or 
other sweetening matter 

Milk  and  cream,  concentrated  or  containing  added  sugar  or 
other sweetening matter 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other 
fermented  or  acidified  milk  and  cream,  whether  or  not 
concentrated  or  containing  added  sugar  or  other  sweetening 
matter not flavoured nor containing added fruit, nuts or cocoa 

Whey,  whether  or  not  concentrated  or  containing  added  sugar 
or other sweetening matter; products consisting of natural milk 
constituents,  whether  or  not  containing  added  sugar  or  other 
sweetening matter, not elsewhere specified or included 

Butter and other fats and oils derived from milk; dairy spreads 
of a fat content of more than 75% but less than 80% 

Cheese and curd 

Lactose  and  lactose  syrup  not  containing  added  flavouring  or 
colouring  matter,  containing  by  weight  less  than  99%  lactose, 
expressed as anhydrous lactose, calculated on the dry matter 

2106 90 51 

Flavoured or coloured lactose syrup 

ex  2309 

Preparations of a kind used in animal feeding: 
– 
Preparations  and  feedingstuffs  containing  products  to 
which  this  Regulation  applies,  directly or  by  virtue of  Council 
Regulation 
(EEC)  No 2730/75,  except  preparations  and 
feedingstuffs falling under Part I of this Annex.  

EN 

136 

   EN 

 
 
 
 
 
 
 
 
 
 
 
Part XVII: Pigmeat 

As regards pigmeat, this Regulation shall cover the products listed in the following table: 

CN code 

Description of goods 

(a) 

ex  0103 

(b) 

ex  0203 

ex  0206 

ex  0209 00  

ex  0210 

1501 00 11   
1501 00 19 

(c) 

1601 00  

1602 10 00 

1602 20 90 

1602 41 10   
1602 42 10   
1602 49 11 to 
1602 49 50 

1602 90 10 

1602 90 51 

1902 20 30 

Live  swine,  of  domestic  species,  other  than  pure-bred 
breeding animals 

Meat of domestic swine, fresh, chilled, or frozen 

Edible  offal  of  domestic  swine,  other 
the 
manufacture  of  pharmaceutical  products,  fresh,  chilled  or 
frozen 

than  for 

Pig fat free of lean meat,not rendered, fresh, chilled, frozen, 
salted, in brine, dried or smoked 

Meat  and  edible  meat  offal  of  domestic  swine,  salted,  in 
brine, dried or smoked 

Pig fat (including lard)  

Sausages and similar products, of meat, meat offal or blood; 
food preparations based on these products 

Homogenised preparations of meat, meat offal or blood 

Preparations  or  preserves  of  liver  of  any  animal,  other  than 
goose or duck 

Other preparations and preserves containing meat or offal of 
domestic swine  

Preparations of blood of any animal 

Other  preparations  or  preserves  containing  meat  or  meat 
offal of domestic swine 

Stuffed pasta, whether or not cooked or otherwise prepared, 
containing  more  than  20%  by  weight  of  sausages  and  the 
like, of meat and meat offal of any kind, including fats of any 
kind or origin 

EN 

137 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XIII: Sheepmeat and goatmeat 

As  regards  sheepmeat  and  goatmeat,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

(a) 

(b) 

CN code 

0104 10 30 

0104 10 80 

0104 20 90 

Description of goods 

Lambs (up to one year old) 

Live sheep other than pure-bred breeding animals and lambs 

Live goats other than pure-bred breeding animals 

0204 

Meat of sheep or goats, fresh, chilled or frozen 

0210 99 21 

0210 99 29 

0104 10 10 

0104 20 10 

0206 80 99 

0206 90 99 

Meat of sheep and goats, with bone in, salted, in brine, dried or smoked 

Meat of sheep and goats, boneless, salted, in brine, dried or smoked 

Live sheep — pure-bred breeding animals 

Live goats — pure-bred breeding animals 

Edible  offal  of  sheep  and  goats,  fresh  or  chilled,  other  than  for  the 
manufacture of pharmaceutical products 

Edible offal of sheep and goats, frozen, other than for the manufacture 
of pharmaceutical products 

0210 99 60 

Edible offal of sheep and goats, salted, in brine, dried or smoked 

ex  1502 00 90 

Fats of sheep or goats, other than those of 1503 

(c) 

1602 90 72 

Other  prepared  or  preserved  meat  or  meat  offal  of  sheep  or  goats, 
uncooked; 

1602 90 74 

mixtures of cooked and uncooked meat or offal 

(d) 

1602 90 76   
1602 90 78 

Other prepared or preserved meat or meat offal of sheep or goats, other 
than uncooked or mixtures of cooked and uncooked meat or offal  

EN 

138 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards eggs, this Regulation shall cover the products listed in the following table: 

Part XIX: Eggs 

(a) 

(b) 

CN code 

0407 00 11 
0407 00 19 
0407 00 30 

0408 11 80 
0408 19 81 
0408 19 89 
0408 91 80 
0408 99 80 

Description 

Poultry eggs, in shell, fresh, preserved or cooked 

Bird's  eggs,  not  in  shell,  and  egg  yolks,  fresh,  dried,  cooked  by 
steaming  or  by  boiling  in  water,  moulded,  frozen  or  otherwise 
preserved,  whether  or  not  containing  added  sugar  or  other 
sweetening matter, other than unfit for human consumption 

EN 

139 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards poultry meat, this Regulation shall cover the products listed in the following table: 

Part XX: Poultry Meat 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

CN code 

0105 

ex 0207 

0207 13 91 
0207 14 91  
0207 26 91  
0207 27 91  
0207 34 
0207 35 91  
0207 36 81  
0207 36 85  
0207 36 89  
0210 99 71  
0210 99 79  

0209 00 90 

1501 00 90 

1602 20 11 
1602 20 19 
1602 31  

1602 32  
1602 39 

Description of goods 

Live poultry, that is to say, fowls of the species Gallus domesticus, 
ducks, geese, turkeys and guinea fowls 

Meat and edible offal, of the poultry of heading 0105 fresh, chilled 
or frozen, excluding livers falling within point (c)  

Poultry livers, fresh, chilled or frozen 

Poultry livers, salted, in brine, dried or smoked 

Poultry fat not rendered, fresh, chilled, frozen, salted, in brine, dried 
or smoked 

Poultry fat 

Goose or duck livers, otherwise prepared or preserved 

Meat or meat offal of poultry of heading 0105, otherwise prepared 
or preserved 

EN 

140 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex  0101 

0101 10  
0101 10 10 
0101 10 90 
0101 90  

0101 90 19 
0101 90 30 
0101 90 90 

ex  0102 
ex  0102 90  

0102 90 90 

ex  0103 

0103 10 00 

ex  0103 91  

0103 91 90 

ex  0103 92  

0103 92 90 
0106 00  

ex  0203 

ex  0203 11  

0203 11 90 

ex  0203 12  

0203 12 90 

ex  0203 19  

0203 19 90 

ex  0203 21  

0203 21 90 

ex  0203 22  

0203 22 90 

ex  0203 29  

0203 29 90 

ex  0205 00  
ex  0205 00 20 
ex  0205 00 80  
ex  0206 

ex  0206 10  

0206 10 10 

Part XXI: Other products 

Description 

Live horses, asses, mules and hinnies: 
– Pure-bred breeding animals: 
– – Horses (a) 
– – Other 
– Other: 
– – Horses: 
– – – Other than for slaughter 
– – Asses 
– – Mules and hinnies 
Live bovine animals: 
– Other than pure-bred breeding animals: 
– – Other than domestic species 
Live swine: 
– Pure-bred breeding animals (b) 
– Other: 
– – Weighing less than 50 kg: 
– – – Other than domestic species 
– – Weighing 50 kg or more 
– – Other than domestic species 
Other live animals 
Meat of swine, fresh, chilled or frozen: 
– Fresh or chilled: 
– – Carcases and half-carcases: 
– – – Other than of domestic swine 
– – Hams, shoulders and cuts thereof, with bone in: 
– – – Other than of domestic swine 
– – Other: 
– – – Other than of domestic swine 
– – Frozen: 
– – Carcases and half-carcases: 
– – – Other than of domestic swine 
– – Hams, shoulders and cuts thereof, with bone in: 
– – – Other than of domestic swine 
– – Other: 
– – – Other than of domestic swine 
Meat of horses, asses, mules or hinnies, fresh, chilled or frozen: 
– Of asses, mules or hinnies, fresh chilled or frozen  
– Of asses, mules or hinnies, frozen 
Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or 
hinnies, fresh, chilled or frozen: 
– Of bovine animals, fresh or chilled 
– – For the manufacture of pharmaceutical products (c) 

EN 

141 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

ex  0206 22 00 

ex  0206 29  

0206 29 10 
ex  0206 30 00 

ex  0206 41 00 

ex  0206 49  
ex  0206 49 20 

0206 49 80 

ex  0206 80  

0206 80 10 

0206 80 91 

ex  0206 90  

0206 90 10 

0206 90 91 
0208 
0210 

ex  0210 11  

0210 11 90 

ex  0210 12  

0210 12 90 

ex  0210 19  

0210 19 90 

0210 91 00 
0210 92 00 

0210 93 00 

ex  0210 99  

0210 99 31 

– Of bovine animals, frozen: 
– – Livers: 
– – – For the manufacture of pharmaceutical products 
– – Other: 
– – – For the manufacture of pharmaceutical products (c) 
– Of swine, fresh or chilled: 
– – Of domestic swine: 
– – – For the manufacture of pharmaceutical products 
– – Other 
– Of swine, frozen: 
– – Livers: 
– – – Of domestic swine: 
– – – – For the manufacture of pharmaceutical products 
– – – Other 
– – Other: 
– – – Of domestic swine: 
– – – – For the manufacture of pharmaceutical products 
– – – Other 
– Other, fresh or chilled: 
– – For the manufacture of pharmaceutical products (c) 
– – Other: 
– – – Of horses, asses, mules and hinnies 
– Other, frozen: 
– – For the manufacture of pharmaceutical products (c) 
– – Other: 
– – – Of horses, asses, mules and hinnies 
Other meat and edible meat offal, fresh, chilled or frozen 
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours 
and meals of meat or meat offal: 
– Meat of swine: 
– – Hams, shoulders and cuts thereof, with bone in: 
– – – Other than of domestic swine 
– – Bellies (streaky) and cuts thereof: 
– – – Other than of domestic swine 
– – Other: 
– – – Other than of domestic swine 
– Other, including edible flours and meals of meat or meat offal: 
– – Of primates 
– – Of whales, dolphins and porpoises (mammals of the order Cetacea); of 
manatees and dugongs (mammals of the order Sirenia) 
– – Of reptiles (including snakes and turtles) 
– – Other: 
– – – Meat: 
– – – – Of reindeer 

EN 

142 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

0210 99 39 

0210 99 80 

ex  0407 00  

0407 00 90 

ex  0408 

ex  0408 11  

0408 11 20 

ex  0408 19  

0408 19 20 

ex  0408 91  

0408 91 20 

ex  0408 99  

0408 99 20 
0410 00 00 
0504 00 00 

ex  0511 

0511 10 00 

0511 91  

ex  0511 99  

0511 99 31 and  
0511 99 39 
0511 99 85 

ex  0709 
ex  0709 60  

0709 60 91 

0709 60 95 
0709 60 99 

ex  0710 
ex  0710 80  

0710 80 59 

ex  0711 

Description 

– – – – Other 
– – – Offal: 
– – – – Other than of domestic swine, bovine animals, sheep and goats 
– – – – – Other than poultry livers 
Birds' eggs, in shell, fresh, preserved or cooked: 
– Other than of poultry 
Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or 
by boiling in water, moulded, frozen or otherwise preserved, whether or not 
containing added sugar or other sweetening matter: 
– Egg yolks: 
– – Dried: 
– – – Unfit for human consumption (d) 
– – Other: 
– – – Unfit for human consumption (d) 
– Other: 
– – Dried: 
– – – Unfit for human consumption (d) 
– – Other: 
– – – Unfit for human consumption (d) 
Edible products of animal origin, not elsewhere specified or included 
Guts, bladders and stomachs of animals (other than fish), whole and pieces 
thereof, fresh, chilled, frozen, salted, in brine, dried or smoked 
Animal  products  not  elsewhere  specified  or  included;  dead  animals  of 
Chapter 1 or 3, unfit for human consumption: 
– Bovine semen 
– Other: 
– – Products of fish or crustaceans, molluscs or other aquatic invertebrates; 

dead animals of Chapter 3 

– – Other: 
– – –natural sponges of animal origin 

– – –Other 
Other vegetables, fresh or chilled: 
– Fruits of the genus Capsicum or of the genus Pimenta: 
– – Other: 
– – – Of the genus Capsicum, for the manufacture of capsicin or capsicum 

oleoresin dyes (c) 

– – – For the industrial manufacture of essential oils or resinoids (c) 
– – – Other 
Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 
– Other vegetables: 
– – Fruits of the genus Capsicum or of the genus Pimenta: 
– – – Other than sweet peppers 
Vegetables provisionally preserved (for example, by sulphur dioxide gas, in 
brine, in sulphur water or in other preservative solutions), but unsuitable in 
that state for immediate consumption: 

EN 

143 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex  0711 90  

0711 90 10 

0713 
ex  0713 10  

0713 10 90 
ex  0713 20 00 

ex  0713 31 00 

ex  0713 32 00 

ex  0713 33  

0713 33 90 
ex  0713 39 00 

ex  0713 40 00 

ex  0713 50 00 

ex  0713 90 00 

0801 

0802 
ex  0802 90  
ex  0802 90 20 
ex  0804 

0804 10 00 
0902 
ex  0904 

0905 00 00 
0906 
0907 00 00 
0908 
0909 
0910 

Description 

– Other vegetables; mixtures of vegetables: 
– – Vegetables: 
– – – Fruits  of  the  genus  Capsicum  or  of  the  genus  Pimenta,  excluding 

sweet peppers 

Dried leguminous vegetables, shelled, whether or not skinned or split: 
– Peas (Pisum sativum): 
– – Other than for sowing 
– Chickpeas (garbanzos): 
– – Other than for sowing 
– Beans (Vigna spp., Phaseolus spp.): 
– – Beans  of  the  species  Vigna  mungo  (L)  Hepper  or  Vigna  radiata  (L) 

Wilczek: 

– – – Other than for sowing 
– – Small red (Adzuki) beans (Phaseolus or Vigna angularis): 
– – – Other than for sowing 
– – Kidney beans, including white pea beans (Phaseolus vulgaris): 
– – – Other than for sowing 
– – Other: 
– – – Other than for sowing 
– Lentils: 
– – – Other than for sowing 
– Broad  beans  (Vicia  faba  var.  major)  and  horse  beans  (Vicia  faba  var. 

equina and Vicia faba var. minor): 

– – Other than for sowing 
– Other: 
– – Other than for sowing 
Coconuts,  Brazil  nuts  and  cashew  nuts,  fresh  or  dried,  whether  or  not 
shelled or peeled 
Other nuts, fresh or dried, whether or not shelled or peeled: 
– Other: 
– – Areca (or betel) and cola 
Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh 
or dried: 
– Dates 
Tea, whether or not flavoured 
Pepper  of  the  genus  Piper;  dried  or  crushed  or  ground  fruits  of  the  genus 
Capsicum or of the genus Pimenta, excluding sweet peppers falling within 
subheading 0904 20 10 
Vanilla 
Cinnamon and cinnamon-tree flowers 
Cloves (whole fruit, cloves and stems) 
Nutmeg, mace and cardamoms 
Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries 
Ginger,  saffron,  turmeric  (curcuma),  thyme,  bay  leaves,  curry  and  other 
spices 

EN 

144 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex  1106 

1106 10 00 

ex  1106 30  

1106 30 90 

ex  1108 

1108 20 00 
1202 10 90 

1202 20 00 

1203 00 00 
1206 00 91 
1206 00 99 

Description 

Flour,  meal  and  powder  of  the  dried  leguminous  vegetables  of  heading 
0713,  of  sago  or  of  roots  or  tubers  of  heading  0714  or  of  the  products  of 
Chapter 8: 
– Of the dried leguminous vegetables of heading 0713 
– Of the products of Chapter 8: 
– – Other than bananas 
Starches; inulin: 
– Inulin 
Groundnuts,  not  roasted  or  otherwise  cooked,  in  shell,  other  than  for 
sowing 
Ground-nuts,  not  roasted  or  otherwise  cooked,  shelled,  whether  or  not 
broken 
Copra 
Sunflower seeds, whether or not broken, other than for sowing 

1207 20 90 

Cotton seeds, whether or not broken, other than for sowing 

1207 40 90 
1207 50 90 
1207 91 90 
1207 99 91 
ex  1207 99 97 

1208 

1211 

ex  1212 

ex  1212 20 00 

ex  1212 99  
ex  1212 99 70 
1213 00 00 

ex  1214 

ex  1214 10 

ex  1214 90  

Sesamum seeds, whether or not broken, other than for sowing 
Mustard seeds, whether or not broken, other than for sowing 
Poppy seeds, whether or not broken, other than for sowing 
Hemp seeds, whether or not broken, other than for sowing 
Other oilseeds and oleaginous fruits, whether or not broken, other than for 
sowing 
Flours  and  meals  of  oil  seeds  or  oleaginous  fruits,  other  than  those  of 
mustard 
Plants  and  parts  of  plants  (including  seeds  and  fruits)  of  a  kind  used 
primarily  in  perfumery,  in  pharmacy  or  for  insecticidal,  fungicidal  or 
similar purposes, fresh or dried, whether or not cut, crushed or powdered 
Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, 
chilled, frozen or dried, whether or not ground; fruit stones and kernels and 
other  vegetable  products  (including  unroasted  chicory  roots  of  the  variety 
Cichorium 
intybus  sativum)  of  a  kind  used  primarily  for  human 
consumption, not elsewhere specified or included: 
– Seaweeds  and  other  algae  used  primarily  in  pharmacy  or  for  human 

consumption 

– Other: 
– – Other than sugar cane, locust beans and locust bean seeds: 
– – – Other, excluding chicory root 
Cereal  straw  and  husks,  unprepared,  whether  or  not  chopped,  ground, 
pressed or in the form of pellets 
Swedes,  mangolds,  fodder  roots,  hay,  lucerne  (alfalfa),  clover,  sainfoin, 
forage kale, lupines, vetches and similar forage products, whether or not in 
the form of pellets: 
Meal and pellets of lucerne artificially heat-dried, excluding: 
Meal and pellets of lucerne otherwise dried and ground 
– Other: 

EN 

145 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

1214 90 10 
ex  1214 90 90 

ex  1502 00  
ex  1502 00 10 

1503 00  

1504 

1507 

1508 

1511 

1512 

1513 

1514 

ex  1515 

ex  1516 

ex  1517 

1518 00 31 

1518 00 39 
1522 00 91 

1522 00 99 

ex  1602 

ex  1602 41  

Description 

– – Mangolds, swedes and other fodder roots 
– – Other, excluding: 
– Lucerne,  sainfoin,  clover,  lupines,  vetches  and  similar  fodder  products 
artificially heat-dried, except hay and fodder kale and products containing 
hay 

– Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and 

birdsfoot, otherwise dried and ground 

Fats of bovine animals, sheep or goats, other than those of heading 1503: 
– For  industrial  uses  other  than  the  manufacture  of  foodstuffs  for  human 

consumption, excluding fats obtained from bones and waste (c) 

Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or 
mixed or otherwise prepared 
Fats and oils and their fractions, of fish or marine mammals, whether or not 
refined, but not chemically modified 
Soya-bean oil and its fractions, whether or not refined, but not chemically 
modified 
Groundnut oil and its fractions, whether or not refined, but not chemically 
modified 
Palm  oil  and  its  fractions,  whether  or  not  refined,  but  not  chemically 
modified 
Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether 
or not refined, but not chemically modified 
Coconut (copra), palm kernel or babassu oil and fractions thereof, whether 
or not refined, but not chemically modified 
Rape, colza or mustard oil and fractions thereof, whether or not refined, but 
not chemically modified 
Other  fixed  vegetable  fats  and  oils  (excluding  jojoba  oil  of  subheading 
ex 1515 90 11)  and  their  fractions,  whether  or  not  refined,  but  not 
chemically modified 
Animal  or  vegetable  fats  and  oils  and  their  fractions,  partly  or  wholly 
hydrogenated,  inter-esterified,  re-esterified  or  elaidinised,  whether  or  not 
refined,  but  not  further  prepared  (excluding  hydrogenated  castor  oil,  so 
called 'opalwax' of subheading 1516 20 10) 
Margarine;  edible  mixtures  or  preparations  of  animal  or  vegetable  fats  or 
oils or of fractions of different fats or oils of this chapter, other than edible 
fats  or  oils  or  their  fractions  of  heading  1516,  excluding  subheadings 
1517 10 10, 1517 90 10 and 1517 90 93 
Fixed vegetable oils, fluid, mixed for technical or industrial uses other than 
the manufacture of foodstuffs for human consumption (c) 

Oil  foots  and  dregs;  soapstocks,  resulting  from  the  treatment  of  fatty 
substances  or  animal  or  vegetable  waxes,  excluding  those  containing  oil 
having the characteristics of olive oil 
Other residues resulting from the treatment of fatty substances or animal or 
vegetable  waxes,  excluding  those containing oil having  the  characteristics 
of olive oil 
Other prepared or preserved meat, meat offal or blood: 
– Of swine: 
– – Hams and cuts thereof: 

EN 

146 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

1602 41 90 

ex  1602 42  

1602 42 90 

ex  1602 49  

1602 49 90 

ex  1602 90  

1602 90 31 
1602 90 41 

1602 90 98 
1603 00  

1801 00 00 
1802 00 00 

ex  2001 

ex  2001 90  

2001 90 20 

ex  2005 

ex  2005 90  

2005 99 10 

ex  2206 

2206 00 31 to 
2206 00 89 

ex  2301 

2301 10 00 

ex  2302 

2302 50 00 
2304 00 00 

2305 00 00 

ex  2307 00  

2307 00 90 

ex  2308 00  

– – – Other than of domestic swine 
– – Shoulders and cuts thereof: 
– – – Other than of domestic swine 
– – Other, including mixtures: 
– – – Other than of domestic swine 
– Other, including preparations of blood of any animal: 
– – Other than preparations of blood of any animal: 
– – – Of game or rabbit 
– – – Of reindeer 
– – – Other: 
– – – – Other than containing the meat or meat offal of domestic swine: 
– – – – – Other than containing bovine meat or meat offal: 
– – – – – – Other than of sheep or goats 
Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic 
invertebrates 
Cocoa beans, whole or broken, raw or roasted 
Cocoa shells, husks, skins and other cocoa waste 
Vegetables,  fruit,  nuts  and  other  edible  parts  of  plants,  prepared  or 
preserved by vinegar or acetic acid: 
– Other: 
– – Fruits of the genus Capsicum other than sweet peppers or pimentos 
Other vegetables prepared or preserved otherwise than by vinegar or acetic 
acid, not frozen, other than products of heading 2006: 
– Other vegetables and mixtures of vegetables: 
– – Fruits of the genus Capsicum other than sweet peppers or pimentos 
Other  fermented  beverages  (for  example,  cider,  perry,  mead);  mixtures  of 
fermented  beverages  and  mixtures  of  fermented  beverages  and  non-
alcoholic beverages, not elsewhere specified or included: 
– Other than piquette 

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, 
molluscs  or  other  aquatic  invertebrates,  unfit  for  human  consumption; 
greaves: 
– Flours, meals and pellets, of meat or meat offal; greaves 
Bran,  sharps  and  other  residues,  whether  or  not  in  the  form  of  pellets, 
derived  from  the  sifting,  milling  or  other  working  of  cereals  or  of 
leguminous plants: 
– Of leguminous plants 
Oilcake and other solid residues, whether or not ground or in the form of 
pellets, resulting from the extraction of soya-bean oil 
Oilcake and other solid residues, whether or not ground or in the form of 
pellets, resulting from the extraction of groundnut oil 
Wine lees; argol: 
– Argol 
Vegetable  materials  and  vegetable  waste,  vegetable  residues  and  by-
products,  whether  or  not  in  the  form  of  pellets,  of  a  kind  used  in  animal 
feeding, not elsewhere specified or included: 

EN 

147 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

2308 00 90 

– – Other than grape marc, acorns and horse-chestnuts, pomace or marc of 

ex  2309 
ex  2309 10  

2309 10 90 

ex  2309 90  

2309 90 10 

ex  2309 90 91 to 
2309 90 99 

fruit, other than grapes 

Preparations of a kind used in animal feeding: 
– Dog or cat food, put up for retail sale: 
– – Other  than  containing  starch,  glucose,  glucose  syrup,  maltodextrine  or 
to  1702 30 99, 

maltodextrine  syrup  of  subheadings  1702 30 51 
1702 40 90, 1702 90 50 and 2106 90 55 or milk products 

– Other: 
– – Fish or marine mammal solubles 
– – Other, including premixes: 
– – – Other than containing starch, glucose, glucose syrup, maltodextrine or 
maltodextrine  syrup  of  subheadings  1702 30 51  to  1702 30 99, 
1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding 

– Protein concentrates obtained from lucerne juice and grass juice 
– Dehydrated  products  obtained  exclusively  from  solid  residues  and  juice 
resulting  from  the  preparation  of  the  concentrates  referred  to  in  the  first 
indent 

(a) 

(b) 

(c) 

(d) 

Entry  under  this  subheading  is  subject  to  the  conditions  laid  down  in  the  relevant  Community 
provisions 
(OJ L 178,  12.7.1994,  p. 66);  Commission 
(see  Council  Directive  94/28/EC 
Decision 93/623/EEC (OJ L 298, 3.12.1993, p. 45)). 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions 
(see  Council  Directive  88/661/EEC  (OJ L 382,  31.12.1988,  p. 36);  Council  Directive  94/28/EC 
(OJ L 178, 12.7.1994, p. 66); Commission Decision 96/510/EC (OJ L 210, 20.8.1996, p. 53)). 
Entry under this subheading is subject to conditions laid down in the relevant Community provisions 
(see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) 
and subsequent amendments). 
Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  paragraph  F  of  Section  II  of  the 
preliminary provisions of the Combined Nomenclature (Annex I to Regulation (EEC) No 2658/87). 

EN 

148 

   EN 

 
 
 
 
 
 
 
 
ANNEX II 
LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2) 

Part I: Ethyl alcohol 

1. 

As  regards  ethyl  alcohol,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

ex  2207 10 00 

ex  2207 20 00 

ex  2208 90 91 

and 

ex  2208 90 99 

Description 

Undenatured ethyl alcohol of an alcoholic strength by volume 
of 80% vol. or higher obtained from the agricultural products 
listed in Annex I to the Treaty 

Ethyl alcohol and other spirits, denatured, of any strength, 
obtained from the agricultural products listed in Annex I to 
the Treaty 

Undenatured ethyl alcohol of an alcoholic strength by volume 
of less than 80% vol. obtained from the agricultural products 
listed in Annex I to the Treaty 

2. 

Section I of Chapter II of Part III on import licences and Section I of Chapter III of 
that  Part  shall  apply  also  to  products  based  on  ethyl  alcohol  of  agricultural  origin 
falling  within  CN  code  2208  put  up  in  containers  of  more  than  two  litres  and 
presenting all the characteristics of ethyl alcohol as described in paragraph 1. 

Part II: Apiculture products 

1. 

As regards apiculture products, this Regulation shall cover the products listed in the 
following table: 

CN code 

0409 

0410 00 00 

0511 99 90 

1212 99 80 

1521 90 

ex 

ex 

ex 

ex 

Description 

Natural honey 

Royal jelly, propolis edible 

Royal jelly, propolis non–edible 

Pollen 

Beeswax 

Part III: Silkworms 

As  regards  silkworms,  this  Regulation  shall  cover  silkworms  falling  within  CN  subheading 
0106 90 00 and silkworm eggs falling within subheading 0511 99 85. 

EN 

149 

   EN 

 
 
 
ANNEX III 
DEFINITIONS REFERRED TO IN ARTICLE 2 

Part I: Definitions concerning the rice sector 

I. 

The  terms  'paddy  rice',  'husked  rice',  'semi-milled  rice',  'wholly  milled  rice',  'round 
grain  rice'  'medium  grain  rice',  'long  grain  rice  A  or  B'  and  'broken  rice'  shall  be 
defined as follows: 

1. 

(a)  Paddy rice: means rice which has retained its husk after threshing. 

(b)  Husked  rice:  means  paddy  rice  from  which  only  the  husk  has  been  removed. 
Examples  of  rice  falling  within  this  definition  are  those  with  the  commercial 
descriptions ‘brown rice', ‘cargo rice', ‘loonzain' and ‘riso sbramato'. 

(c)  Semi-milled rice: means paddy rice from which the husk, part of the germ and 
the whole or part of the outer layers of the pericarp but not the inner layers have 
been removed. 

(d)  Wholly  milled  rice:  means  paddy  rice  from  which  the  husk,  the  whole  of  the 
outer and inner layers of the pericarp, the whole of the germ in the case of long 
grain or medium grain rice and at least part thereof in the case of round grain 
rice have been removed, but in which longitudinal white striations may remain 
on not more than 10% of the grains. 

2. 

(a)  Round grain rice: means rice, the grains of which are of a length not exceeding 

5,2 mm and of a length/width ratio of less than 2. 

(b)  Medium  grain  rice:  means  rice,  the  grains  of  which  are  of  a  length  exceeding 
5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3. 

(c)  Long grain rice: means 

(i) 

long  grain  rice  A,  rice,  the  grains  of  which  are  of  a  length  exceeding 
6,0 mm  and  of  which  the  length/width  ratio  is  greater  than 2  but  less 
than 3; 

(ii) 

long  grain  rice  B,  rice,  the  grains  of  which  are  of  a  length  exceeding 
6,0 mm and of which the length/width ratio is equal to or greater than 3. 

(d)  Measurements  of  the  grains:  means  grain  measurements  are  taken  on  wholly 

milled rice by the following method: 

(i) 

take a sample representative of the batch; 

(ii) 

sieve  the  sample  so  as  to  retain  only  whole  grains,  including  immature 
grains; 

(iii)  carry out two measurements of 100 grains each and work out the average; 

(iv)  express the result in millimetres, rounded off to one decimal place. 

3. 

Broken  rice:  means  grain  fragments  the  length  of  which  does  not  exceed  three 
quarters of the average length of the whole grain. 

EN 

150 

   EN 

 
II. 

As  regards  grains  and  broken  grains  which  are  not  of  unimpaired  quality,  the 
following definitions shall apply: 

A.  Whole grains 

Grains  from  which  only  part  of  the  end  has  been  removed,  irrespective  of 
characteristics produced at each stage of milling. 

B.  Clipped grains 

Grains from which the entire end has been removed. 

C.  Broken grains or fragments 

Grains  from  which  a  part  of  the  volume  greater  than  the  end  has  been  removed; 
broken grains include: 

– 

– 

– 

– 

large broken grains (pieces of grain of a length not less than half that of a grain, 
but not constituting a complete grain), 

medium broken grains (pieces of grain of a length not less than a quarter of the 
length of a grain but which are smaller than the minimum size of ‘large broken 
grains'), 

fine broken grains (pieces of grain less than a quarter of the size of a grain but 
too large to pass through a sieve with a mesh of 1,4 mm), 

fragments  (small  pieces  or  particles  of  grain  which  can  pass  through  a  sieve 
with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in 
the grain) come under this definition. 

D.  Green grains 

Grains which are not fully ripened. 

E.  Grains showing natural malformation 

Natural  malformation  means  malformation,  whether  or  not  of  hereditary  origin,  as 
compared with the morphological characteristics typical of the variety. 

F.  Chalky grains 

Grains at least three-quarters of the surface of which looks opaque and chalky. 

G.  Grains striated with red 

Grains  showing  longitudinal  red  striations  of  differing  intensity  and  shades,  due  to 
residues from the pericarp. 

H. 

Spotted grains 

Grains  showing  a  well-defined  small  circle  of  dark  colour  of  more  or  less  regular 
shape;  spotted  grains  also  include  those  which  show  slight  black  striations  on  the 
surface only; the striations and spots must not show a yellow or dark aureole. 

EN 

151 

   EN 

 
I. 

Stained grains 

Grains which have undergone, on a small area of their surface, an obvious change in 
their natural colour; the stains may be of different colours (blackish, reddish, brown); 
deep  black  striations  are  also  to  be  regarded  as  stains.  If  the  colour  of  the  stains  is 
sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they 
cover an area not less than half that of the grain, the grains must be considered to be 
yellow grains. 

J. 

Yellow grains 

Grains which have undergone, totally or partially, otherwise than by drying, a change 
in their natural colour and have taken on a lemon or orange-yellow tone. 

K.  Amber grains 

Grains which have undergone, otherwise than by drying, a slight uniform change in 
colour  over  the  whole  surface;  this  change  alters  the  colour  of  the  grains  to  a  light 
amber-yellow. 

Part II: Definitions concerning the sugar sector 

"white sugars" means sugars, not flavoured or coloured or containing any other added 
substances,  containing,  in  the  dry  state,  99,5%  or  more  by  weight  of  sucrose, 
determined by the polarimetric method; 

"raw sugars" means sugars, not flavoured or coloured or containing any other added 
substances,  containing,  in  the  dry  state,  less  than  99,5%  by  weight  of  sucrose, 
determined by the polarimetric method; 

"isoglucose" means the product obtained from glucose or its polymers with a content 
by weight in the dry state of at least 10% fructose; 

"inulin  syrup"  means  the  immediate  product  obtained  by  hydrolysis  of  inulin  or 
oligofructoses,  containing  in  the  dry  state  at  least  10%  fructose  in  free  form  or  as 
sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions 
on  the  market  for  products  with  low  sweetening  power  produced  by  inulin  fibre 
processors  without  inulin  syrup  quota,  this  definition  may  be  amended  by  the 
Commission; 

"quota  sugar",  "quota  isoglucose"  and  "quota  inulin  syrup"  mean  any  quantity  of 
sugar,  isoglucose  or  inulin  syrup  production  attributed  to  a  specific  marketing  year 
under the quota of the undertaking concerned; 

"industrial  sugar"  means  any  quantity  of  sugar  production  attributed  to  a  specific 
marketing year over and above the sugar quantity referred to in point (5), intended for 
the production by the industry of one of the products referred to in Article 59(2); 

"industrial isoglucose" and "industrial inulin syrup" mean any quantity of isoglucose 
or  inulin  syrup  production  attributed  to  a  specific  marketing  year,  intended  for  the 
production by the industry of one of the products referred to in Article 59(2); 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

EN 

152 

   EN 

 
8. 

9. 

10. 

"surplus sugar", "surplus isoglucose" and "surplus inulin syrup" mean any quantity of 
sugar,  isoglucose  or  inulin  syrup  production  attributed  to  a  specific  marketing  year 
over and above the respective quantities referred to in points (5), (6) and (7); 

"quota beet" means all sugar beet processed into quota sugar; 

"delivery contract" means a contract concluded between a seller and an undertaking 
for the delivery of beet for the manufacture of sugar; 

11. 

"agreement within the trade" means one of the following: 

(a) 

(b) 

(c) 

(d) 

an  agreement  concluded  at  Community  level,  prior  to  the  conclusion  of  any 
delivery  contract,  between  a  group  of  national  undertakings'  organisations  on 
the one hand and a group of national sellers' organisations on the other; 

an  agreement  concluded,  prior  to  the  conclusion  of  any  delivery  contract, 
between  undertakings  or  an  undertakings'  organisation  recognised  by  the 
Member State concerned on the one hand and a sellers' association recognised 
by the Member State concerned on the other; 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the  law  on 
companies and the law on cooperatives, in so far as they govern the delivery of 
sugar  beet  by  the  shareholders  or  members  of  a  company  or  cooperative 
manufacturing sugar; 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the 
arrangements existing before the conclusion of any delivery contract, provided 
the  sellers  accepting  the  arrangement  supply  at  least  60%  of  the  total  beet 
bought  by  the  undertaking  for  the  manufacture  of  sugar  in  one  or  more 
factories; 

12. 

"ACP/Indian  sugar"  means  sugar  falling  within  CN  code  1701  originating  in  the 
States listed in Annex XVI and imported into the Community under: 

– 

– 

Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or 

the  Agreement  on  cane  sugar  between  the  European  Community  and  the 
Republic of India66; 

13. 

"full-time refiner" means a production unit: 

– 

– 

of which the sole activity consists of refining imported raw cane sugar, or 

which  refined  in  the  marketing  year  2004/2005  a  quantity  of  at  least 
15 000 tonnes of imported raw cane sugar. 

Part III: Definitions concerning the hops sector 

1. 

“hops” means the dried inflorescences, also known as cones, of the (female) climbing 
hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of 
an ovoid shape, have a flower stalk and their longest dimension generally varies from 
2 to 5 cm; 

66 

OJ L 190, 23.7.1975, p. 36. 

EN 

153 

   EN 

 
                                                 
2. 

3. 

4. 

5. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

“hop  powder”  means  the  product  obtained  by  milling  the  hops,  containing  all  the 
natural elements thereof; 

“hop powder with higher lupulin content” means the product obtained by milling the 
hops after mechanical removal of a part of the leaves, stalks, bracts and rachides; 

“extract of hops” means the concentrated products obtained by the action of a solvent 
on the hops or on the hop powder; 

“mixed hop products” means a mixture of two or more of the products referred to in 
points (1) to (4). 

Part IV: Definitions concerning the beef and veal sector 

“bovine  animals”  means  live  animals  of  the  domestic  bovine  species  falling  within 
CN codes ex 0102 10, 0102 90 05 to 0102 90 79; 

“adult bovine animals” means bovine animals the live weight of which is more than 
300 kilograms. 

Part V: Definitions concerning the milk sector 

For the purpose of the implementation of the tariff quota for butter of New Zealand 
origin, the phrase "manufactured directly from milk or cream" does not exclude butter 
manufactured  from  milk  or  cream,  without  the  use  of  stored  materials,  in  a  single, 
self-contained  and  uninterrupted  process  which  may  involve  the  cream  passing 
through a stage of concentrated milkfat and/or the fractionation of such milkfat. 

For  the  purposes  of  the  application  of  Article  114  concerning  the  use  of  casein  and 
caseinates in the manufacture of cheese: 

(a) 

(b) 

"cheese"  shall  mean  products  covered  by  CN  code  0406  and  manufactured 
within the Community territory; 

"casein and caseinates" shall mean  products covered by CN codes 3501 10 90 
and 3501 90 90 and used as such or in the form of a mixture. 

Part VI: Definitions concerning the eggs sector 

“eggs  in  shell”  means  poultry  eggs  in  shell,  fresh,  preserved,  or  cooked,  other  than 
eggs for hatching specified in 2.; 

“eggs for hatching” means poultry eggs for hatching; 

“whole  products”  means  birds’  eggs  not  in  shell,  whether  or  not  containing  added 
sugar or other sweetening matter suitable for human consumption; 

“separated products” means birds’ egg yolks, whether or not containing added sugar 
or other sweetening matter suitable for human consumption. 

EN 

154 

   EN 

 
1. 

2. 

3. 

4. 

Part VII: Definitions concerning the poultry sector 

“live  poultry”  means  live  fowls,  ducks,  geese,  turkeys  and  guinea  fowls  each 
weighing more than 185 grams; 

“chicks” means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not 
more than 185 grams; 

“slaughtered  poultry”  means  dead  fowls,  ducks,  geese,  turkeys  and  guinea  fowls, 
whole, with or without offal; 

“derived products” means the following: 

(a) 

products specified in point (a) of Part XX of Annex I; 

(b)  products  specified  in  point  (b)  of  Part  XX  of  Annex I,  excluding  slaughtered 

poultry and edible offal, known as “poultry cuts; 

(c) 

edible offals specified in point (b) of Part XX of Annex I; 

(d)  products specified in point (c) of Part XX of Annex I; 

(i) 

products specified in points (d) and (e) of Part XX of Annex I; 

(ii)  Products referred to in point (f) of Part XX of Annex I, other than those 

products falling within CN codes 1602 20 11 and 1602 20 19. 

Part VIII: Definitions concerning the apiculture sector 

1. 

'Honey' means the natural sweet substance produced by Apis mellifera bees from the 
nectar  of  plants  or  from  secretions  of  living  parts  of  plants  or  excretions  of  plant-
sucking  insects  on  the  living  parts  of  plants,  which  the  bees  collect,  transform  by 
combining with specific substances of their own, deposit, dehydrate, store and leave 
in honeycombs to ripen and mature.  

The main types of honey are as follows: 

(a) 

according to origin: 

(i) 

blossom honey or nectar honey: honey obtained from the nectar of plants; 

(ii)  honeydew honey: honey obtained mainly from excretions of plant sucking 
insects  (Hemiptera)  on  the  living  part  of  plants  or  secretions  of  living 
parts of plants;  

(b) 

according to mode of production and/or presentation: 

(iii)  comb honey: honey stored by bees in the cells of freshly built broodless 
combs or thin comb foundation sheets made solely of beeswax and sold in 
sealed whole combs or sections of such combs; 

(iv)  chunk  honey  or  cut  comb  in  honey:  honey  which  contains  one  or  more 

pieces of comb honey; 

EN 

155 

   EN 

 
(v)  drained honey: honey obtained by draining decapped broodless combs; 

(vi)  extracted  honey:  honey  obtained  by  centrifuging  decapped  broodless 

combs; 

(vii)  pressed  honey:  honey  obtained  by  pressing  broodless  combs  with  or 

without the application of moderate heat not exceeding 45 °C; 

(viii)  filtered honey: honey obtained by removing foreign inorganic or organic 
matter in such a way as to result in the significant removal of pollen. 

'Baker's honey' means honey which is: 

(a) 

suitable for industrial uses or as an ingredient in other foodstuffs which are then 
processed and  

(b)  may: 

– 

– 

– 

have a foreign taste or odour, or 

have begun to ferment or have fermented, or 

have been overheated. 

2. 

"Apiculture products" means honey, beeswax, royal jelly, propolis or pollen used in 
bee-keeping. 

EN 

156 

   EN 

 
ANNEX IV 
NATIONAL AND REGIONAL QUOTAS 
referred to in Articles 53 and 56 

Member States or regions 
(1) 

Belgium 

Czech Republic 

Denmark 

Germany 

Greece 

Spain 

France (metropolitan) 

French overseas departments 

Ireland 

Italy 

Latvia 

Lithuania 

Hungary 

Netherlands 

Austria 

Poland 

Portugal (mainland) 

The autonomous region of the Azores 

Slovakia 

Slovenia 

Finland 

Sweden 

United Kingdom 

TOTAL 

Sugar 
(2) 

819 812 

454 862 

420 746 

3 655 456 

317 502 

903 843 

3 552 221 

480 245 

0 

778 706 

66 505 

103 010 

401 684 

864 560 

387 326 

1 671 926 

34 500 

9 953 

207 432 

52 973 

146 087 

325 700 

1 138 627 

16 793 675 

Isoglucose 
(3) 

85 694 

– 

– 

42 360 

15 433 

98 845 

23 755 

– 

– 

24 301 

– 

– 

164 736 

10 891 

– 

32 056 

11 870 

– 

50 928 

– 

14 210 

– 

32 602 

607 681 

(tonnes) 

Inulin syrup 
(4) 

0 

– 

– 

– 

– 

– 

0 

– 

– 

– 

– 

– 

0 

– 

– 

– 

– 

– 

– 

– 

– 

– 

0 

EN 

157 

   EN 

 
 
ANNEX V 
Supplementary quotas for isoglucose referred to in Article 55(2) 

Member States 

Additional quota 

(tonnes) 

Italy 

Lithuania 

Sweden 

60 000 

8 000 

35 000 

EN 

158 

   EN 

 
ANNEX VI 
DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS  
IN ACCORDANCE WITH ARTICLE 57 

For the purposes of this Annex: 

Point I 

(a) 

(b) 

(c) 

(d) 

"merger of undertakings" means the consolidation of two or more undertakings into a 
single undertaking; 

"transfer  of  an  undertaking"  means  the  transfer  or  absorption  of  the  assets  of  an 
undertaking having quota to one or more undertakings; 

"transfer of a factory" means the transfer of ownership of a technical unit, including 
all  the  plant  required  to  manufacture  the  product  concerned,  to  one  or  more 
undertakings,  resulting  in  the  partial  or  total  absorption  of  the  production  of  the 
undertaking making the transfer; 

"lease of a factory" means the leasehold contract of a technical unit including all the 
plant required for the manufacture of sugar, with a view to its operation, concluded 
for a period of at least three consecutive marketing years, which the parties agree not 
to terminate before the end of the third marketing year, with an undertaking which is 
established  in  the  same  Member  State,  as  the  factory  concerned,  if,  after  the  lease 
takes effect, the undertaking which rents the factory can be considered a solely sugar-
producing undertaking for its entire production. 

Point II 

1. 

Without  prejudice  to  paragraph  2,  in  the  event  of  the  merger  or  transfer  of  sugar-
producing undertakings or the transfer of sugar factories, the quota shall be adjusted 
as follows: 

(a) 

(b) 

(c) 

in the event of the merger of sugar-producing undertakings, the Member States 
shall allocate to the undertaking resulting from the merger a quota equal to the 
sum  of  the  quotas  allocated  prior  to  the  merger  to  the  sugar-producing 
undertakings concerned; 

in the event of the transfer of a sugar-producing undertaking, the Member State 
shall  allocate  the  quota  of  the  transferred  undertaking  to  the  transferee 
undertaking for the production of sugar or, if there is more than one transferee 
undertaking, the allocation shall be made in proportion to the sugar production 
absorbed by each of them; 

in the event of the transfer of a sugar factory, the Member State shall reduce the 
quota  of  the  undertaking  transferring  ownership  of  the  factory  and  shall 
increase  the  quota  of  the  sugar-producing  undertaking  or  undertakings 
purchasing the factory in question by the quantity deducted in proportion to the 
production absorbed. 

2. 

Where  a  number  of  the  sugar-beet  or  cane  growers  directly  affected  by  one  of  the 
operations referred to in paragraph 1 expressly show their willingness to supply their 

EN 

159 

   EN 

 
beet or cane to a sugar-producing undertaking which is not party to those operations, 
the Member State may make the allocation on the basis of the production absorbed by 
the undertaking to which they intend to supply their beet or cane. 

3. 

In the event of closure, in circumstances other than those referred to in paragraph 1, 
of: 

(a) 

a sugar-producing undertaking; 

(b)  one or more factories of a sugar-producing undertaking, 

the Member State may allocate the part of the quotas involved in such closure to one 
or more sugar-producing undertakings. 

Also in the case referred to in point (b) of the preceding subparagraph, where some of 
the producers concerned expressly show their willingness to supply their beet or cane 
to  a  given  sugar-producing  undertaking,  the  Member  State  may  allocate  the 
proportion  of  the  quotas  corresponding  to  the  beet  or  cane  concerned  to  the 
undertaking which they intend to supply with those products. 

Where  the  derogation  referred  to  in  Article  47(6)  is  invoked,  the  Member  State 
concerned may require the beet growers and the sugar undertakings concerned by that 
derogation to include in their agreements within the trade special clauses enabling the 
Member State to apply paragraphs 2 and 3 of this Point. 

In the event of the lease of a factory belonging to a sugar-producing undertaking, the 
Member State may reduce the quota of the undertaking offering the factory for rent 
and  allocate  the  portion  by  which  the  quota  was  reduced  to  the  undertaking  which 
rents the factory in order to produce sugar in it. 

If  the  lease  is  terminated  during  the  period  of  three  marketing  years  referred  to  in 
point I (d) the adjustment of quota under the first subparagraph of this paragraph shall 
be cancelled retroactively by the Member State as at the date on which the lease took 
effect.  However,  if  the  lease  is  terminated  by  reason  of  force  majeure,  the  Member 
State shall not be bound to cancel the adjustment. 

Where  a  sugar-producing  undertaking  can  no  longer  ensure  that  it  meets  its 
obligations  under  Community  legislation  towards  the  sugar-beet  or  cane  producers 
concerned, and where that situation has been ascertained by the competent authorities 
of  the  Member  State  concerned,  the  latter  may  allocate  for  one  or  more  marketing 
years the part of the quotas involved to one or more sugar-producing undertakings in 
proportion to the production absorbed. 

Where  a  Member  State  grants  a  sugar  producing  undertaking  price  and  outlet 
guarantees  for  processing  sugar  beet  into  ethyl  alcohol,  that  Member  State  may,  in 
agreement with that undertaking and the beet growers concerned, allocate all or part 
of  the  sugar  production  quotas  to  one  or  more  other  undertakings  for  one  or  more 
marketing years. 

4. 

5. 

6. 

7. 

EN 

160 

   EN 

 
Point III 

In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of 
an  isoglucose-producing  factory,  the  Member  State  may  allocate  the  quotas  involved  for  the 
production  of  isoglucose  to  one  or  more  other  undertakings,  whether  or  not  they  have  a 
production quota. 

Point IV 

The  measures  taken  pursuant  to  Points  II  and  III  may  take  effect  only  if  the  following 
conditions are met: 

(a) 

(b) 

(c) 

the interests of each of the parties concerned are taken into consideration; 

the Member State concerned considers that they are likely to improve the structure of 
the beet, cane and sugar-manufacturing sectors; 

they concern undertakings established in the same territory for which the quota is set 
in Annex IV. 

Point V 

When the merger or transfer occurs between 1 October and 30 April of the following year, the 
measures referred to in points II and III shall take effect for the current marketing year. 

When the merger or transfer occurs between 1 May and 30 September of the same year, the 
measures referred to in points II and III shall take effect for the following marketing year. 

Point VI 

Where Article 56(3) is applied, Member States shall allocate the adjusted quotas by the end of 
February at the latest with a view to applying them in the following marketing year. 

Where  points  II  and  III  are  applied,  Member  States  shall  inform  the  Commission  of  the 
adjusted quotas not later than 15 days after the expiry of the periods referred to in point V. 

Point VII 

EN 

161 

   EN 

 
ANNEX VII 
NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES 
referred to in Article 63 

1. 

National Quotas 

Member State 

Quantities, tonnes 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

2. 

Special restructuring reserve quantities 

3 360 087,000 

979 000,000 

2 737 931,000 

4 522 176,000 

28 282 788,000 

646 368,000 

820 513,000 

6 116 950,000 

24 599 335,000 

5 395 764,000 

10 530 060,000 

145 200,000 

728 648,000 

1 704 839,000 

273 084,000 

1 990 060,000 

48 698,000 

11 240 814,000 

2 790 642,000 

8 980 143,000 

1 948 550,000 

3 057 000,000 

576 638,000 

1 040 788,000 

2 443 069,324 

3 352 545,000 

14 828 597,000 

Member State 

Special restructuring 
reserve quantities, tonnes 

Bulgaria 

Romania 

39 180 

188 400 

EN 

162 

   EN 

 
ANNEX VIII 
REFERENCE FAT CONTENT 
referred to in Article 67 

Member State 

Reference fat content (g/kg) 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

36,91 

39,10 

42,10 

43,68 

40,11 

43,10 

36,10 

36,37 

39,48 

35,81 

36,88 

34,60 

40,70 

39,90 

39,17 

38,50 

42,36 

40,30 

39,00 

37,30 

35,93 

41,30 

37,10 

43,40 

43,40 

39,70 

EN 

163 

   EN 

 
ANNEX IX 

A. 

Apportionment of the maximum guaranteed quantity among the Member States 
referred to in Article 91(1): 

Belgium 

Bulgaria  

Czech Republic 

Germany 

Estonia  

Spain 

France 

Latvia 

Lithuania 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovakia 

Finland 

Sweden 

13 800 

13 

1 923 

300 

30 

50 

55 800 

360 

2263 

4800 

150 

924 

50 

42 

73 

200 

50 

United Kingdom 

50 

EN 

164 

   EN 

 
B. 

Apportionment of the maximum guaranteed quantity among the Member States 
referred to in Article 86 

Belgo-Luxembourg Economic Union (BLEU)

Czech Republic 

Denmark 

Germany 

Greece 

Spain 

France 

Ireland 

Italy 

Lithuania 

Hungary 

Netherlands 

Austria 

Poland 

Portugal 

Slovakia 

Finland 

Sweden 

United Kingdom 

8 000 

27 942 

334 000 

421 000 

37 500 

1 325 000 

1 605 000 

5 000 

685 000 

650 

49 593 

285 000 

4 400 

13 538 

30 000 

13 100 

3 000 

11 000 

102 000 

EN 

165 

   EN 

 
ANNEX X 
DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK 
PRODUCTS referred to in Article 110(1) 

I. 

Definitions: 

For the purposes of this Annex: 

(a) 

"marketing" shall mean holding or display with a view to sale, offering for sale, sale, 
delivery or any other manner of placing on the market; 

(b) 

"designation" shall mean the name used at all stages of marketing. 

II. 

1. 

Use of the term "milk" 

The  term  "milk"  shall  mean  exclusively  the  normal  mammary  secretion  obtained 
from one or more milkings without either addition thereto or extraction therefrom. 

However, the term "milk" may be used: 

(a) 

(b) 

for milk treated without altering its composition  or for milk the fat content of 
which is standardised under Article 110(2) in conjunction with Annex XI;  

in association with a word or words to designate the type, grade, origin and/or 
intended  use  of  such  milk  or  to  describe  the  physical  treatment  or  the 
modification  in  composition  to  which  it  has  been  subjected,  provided  that  the 
modification  is  restricted  to  an  addition  and/or  withdrawal  of  natural  milk 
constituents. 

2. 

For  the  purposes  of  this  Annex,  "milk  products"  shall  mean  products  derived 
exclusively  from  milk,  on  the  understanding  that  substances  necessary  for  their 
manufacture  may  be  added  provided  that  those  substances  are  not  used  for  the 
purpose of replacing, in whole or in part, any milk constituent. 

The following shall be reserved exclusively for milk products: 

(a) 

the following designations: 

(i)  whey, 

(ii) 

cream, 

(iii)  butter, 

(iv)  buttermilk, 

(v)  butteroil, 

(vi)  caseins, 

(vii)  anhydrous milkfat (AMF), 

(viii)  cheese, 

(ix)  yogurt, 

(x)  kephir, 

(xi)  koumiss, 

EN 

166 

   EN 

 
(xii)  viili/fil, 

(xiii)  smetana, 

(xiv)  fil; 

(b)  designations or names within the meaning of Article 5 of Directive 2000/13/EC 
of  the  European  Parliament  and  of  the  Council  of  20  March  2000  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  the  labelling, 
presentation and advertising of foodstuffs67, actually used for milk products. 

3. 

4. 

The  term  "milk"  and  the  designations  used  for  milk  products  may  also  be  used  in 
association with a word or words to designate composite products of which no part 
takes or is intended to take the place of any milk constituent and of which milk or a 
milk product is an essential part either in terms of quantity or for characterisation of 
the product. 

The origin of milk and milk products to be defined by the Commission shall be stated 
if it is not bovine. 

III. 

Use of designations in respect of competing products 

1. 

2. 

The designations referred to in point II of this Annex may not be used for any product 
other than those referred to in that point. 

However,  this  provision  shall  not  apply  to  the  designation  of  products  the  exact 
nature  of  which  is  clear  from  traditional  usage  and/or  when  the  designations  are 
clearly used to describe a characteristic quality of the product. 

In respect of a product other than those described in point II of this Annex, no label, 
commercial  document,  publicity  material  or  any  form  of  advertising  as  defined  in 
Article 2(1)  of  Council  Directive  84/450/EEC  of  10 September  1984  concerning 
misleading  and  comparative  advertising68,  may  be  used  which  claims,  implies  or 
suggests that the product is a dairy product. 

However,  in  respect  of  a  product  which  contains  milk  or  milk  products,  the 
designation  "milk"  or  the  designations  referred  to  in  the  second  subparagraph  of 
point II (2) of this Annex may be used only to describe the basic raw materials and to 
list the ingredients in accordance with Directive 2000/13/EC. 

IV. 

Lists of products; communications 

1. 

67 

68 

Member  States  shall  make  available  to  the  Commission  an  indicative  list  of  the 
products which they regard as corresponding in their territory to the products referred 
to in the second subparagraph of point III (1) of this Annex. 

Member  States  shall,  where  necessary,  make  additions  to  this  list  subsequently  and 
inform the Commission thereof. 

OJ L 109,  6.5.2000,  p. 29.  Directive  as  last  amended by  Directive  2003/89/EC  (OJ L 308, 25.11.2003, 
p. 15). 
OJ L 250,  19.9.1984, p. 17. Directive  as  last  amended by  Directive  2005/29/EC  (OJ L 149,  11.6.2005, 
p. 22). 

EN 

167 

   EN 

 
                                                 
2. 

Each  year  before  1  October  the  Member  States  shall  report  to  the  Commission  on 
developments in the market in milk products and competing products in the context 
of the implementation of this Annex so that the Commission is in a position to report 
to the Council by 1 March of the ensuing year. 

EN 

168 

   EN 

 
ANNEX XI 
MARKETING OF MILK FOR HUMAN CONSUMPTION 
referred to in Article 110(2) 

I. 

Definitions 

For the purposes of this Annex: 

(a) 

(b) 

(c) 

(d) 

II. 

1. 

2. 

3. 

"milk" shall mean the produce of the milking of one or more cows; 

"drinking milk" shall mean the products referred to in point III of this Annex intended 
for delivery without further processing to the consumer; 

"fat  content"  shall  mean  the  ratio  by  mass  of  parts  of  milk  fat  per  hundred  parts  of 
milk in the milk concerned; 

"protein content" shall mean the ratio by mass of parts of protein per hundred parts of 
milk  in  the  milk  concerned  (obtained  by  multiplying  by  6,38  the  total  nitrogen 
content of the milk expressed as a percentage by mass). 

Delivery or sale to the final consumer 

Only  milk  complying  with  the  requirements  laid  down  for  drinking  milk  may  be 
delivered or sold without processing to the final consumer, either directly or through 
the intermediary of restaurants, hospitals, canteens or other similar mass caterers. 

The sales descriptions to be used for those products shall be those given in point III of 
this Annex. Those descriptions shall be used only for the products referred to in that 
point, without prejudice to their use in composite descriptions. 

Member  States  shall  adopt  measures  to  inform  consumers  of  the  nature  and 
composition  of  the  products  concerned  where  the  absence  of  such  information  is 
likely to cause confusion. 

III. 

Drinking milk 

1. 

The following products shall be considered as drinking milk: 

(a) 

raw milk: milk which has not been heated above 40°C or subjected to treatment 
having equivalent effect; 

(b)  whole milk: heat-treated milk which, with respect to fat content, meets one of 

the following requirements: 

(i) 

standardised whole milk: milk with a fat content of at least 3,50% (m/m). 
However,  Member  States  may  provide  for  an  additional  category  of 
whole milk with a fat content of 4,00% (m/m) or above, 

(ii)  non-standardised  whole  milk:  milk  with  a  fat  content  that  has  not  been 
altered since the milking stage either by the addition or removal of milk 
fats  or  by  mixture  with  milk  the  natural  fat  content  of  which  has  been 
altered. However, the fat content may not be less than 3,50% (m/m); 

(c) 

semi-skimmed milk: heat-treated milk whose fat content has been reduced to at 
least 1,50% (m/m) and at most 1,80% (m/m); 

EN 

169 

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(d) 

skimmed-milk:  heat-treated  milk  whose  fat  content  has  been  reduced  to  not 
more than 0,50% (m/m). 

2. 

Without  prejudice  to  point  (b)(ii)  of  paragraph  1,  only  the  following  modifications 
shall be allowed: 

(a) 

in  order  to  meet  the  fat  contents  laid  down  for  drinking  milk,  modification  of 
the  natural  fat  content  by  the  removal  or  addition  of  cream  or  the  addition  of 
whole milk, semi-skimmed milk or skimmed milk; 

(b) 

enrichment of milk with milk proteins, mineral salts or vitamins; 

(c) 

reduction of the lactose content by conversion to glucose and galactose. 

Modifications  in  the  composition  of  milk  referred  to  in  points  (b)  and  (c)  shall  be 
allowed  only  if  they  are  indelibly  indicated  on  the  packing  of  the  product  so  that  it 
can be easily seen and read. However, such indication shall not remove the obligation 
as  regards  nutrition  labelling  laid  down  by  Council  Directive  90/496/EEC  of 
24 September 1990 on nutrition labeling for foodstuffs69. Where proteins are added, 
the protein content of the enriched milk must be 3,8% (m/m) or more. 

However,  Member  States  may  limit  or  prohibit  modifications  to  the  composition  of 
milk referred to in points (b) and (c). 

3. 

Drinking milk shall 

(a) 

have a freezing point close to the average freezing point for raw milk recorded 
in the area of origin of the drinking milk collected; 

(b)  have  a  mass  of  not  less  than  1 028  grams  per  litre  for  milk  containing  3,5% 
(m/m) of fat at a temperature of 20°C or the equivalent weight per litre for milk 
having a different fat content; 

(c) 

contain a minimum of 2,9% (m/m) of protein for milk containing 3,5% (m/m) 
of fat or an equivalent concentration in the case of milk having a different fat 
content;  

IV. 

Imported products 

Products  imported  into  the  Community  for  sale  as  drinking  milk  shall  comply  with  this 
Regulation. 

V. 

Directive 2000/13/EC shall apply, in particular as regards national provisions on the 
labelling of drinking milk. 

69 

OJ L 276,  6.10.1990,  p. 40.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  (OJ L 284, 
31.10.2003, p. 1). 

EN 

170 

   EN 

 
                                                 
VI. 

Controls and penalties and their reporting 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the  Commission  in 
accordance  with  Article  187  of  this  Regulation,  Member  States  shall  adopt  all  appropriate 
measures to monitor the application of this Regulation, penalise infringements and prevent and 
repress fraud. 

Such  measures  and  any  amendments  shall  be  notified  to  the  Commission  during  the  month 
following their adoption. 

EN 

171 

   EN 

 
I. 

1. 

2. 

II. 

1. 

2. 

3. 

ANNEX XII 
STANDARDS APPLYING TO SPREADABLE FATS 
referred to in Article 111 

Sales descriptions 

The  products  referred  to  in  Article  111  may  not  be  supplied  or  transferred  without 
processing to the ultimate consumer either directly or through restaurants, hospitals, 
canteens  or  similar  establishments,  unless  they  meet  the  requirements  set  out  in  the 
Appendix.  

The  sales  descriptions  of  these  products  shall  be  those  specified  in  the  Appendix, 
without prejudice to point II(2) or point IV of this Annex.  

The  sales  descriptions  in  the  Appendix  shall  be  reserved  for  the  products  defined 
therein.  

However, this paragraph shall not apply to:  

(a) 

the  designation  of  products  the  exact  nature  of  which  is  clear  from  traditional 
usage and/or when the designations are clearly used to describe a characteristic 
quality of the product,  

(b) 

concentrated products (butter, margarine, blends) with a fat content of 90% or 
more.  

Labelling and presentation 

In addition to the rules laid down in Directive 2000/13/EC, the following information 
shall  be  indicated  in  the  labeling  and  presentation  of  the  products  referred  to  in 
point I(1) of this Annex:  

(a) 

the sales description as defined in the Appendix;  

(b) 

(c) 

the total percentage fat content by weight at the time of production for products 
referred to in the Appendix;  

the vegetable, milk or other animal fat content in decreasing order of weighted 
importance  as  a  percentage  by  total  weight  at  the  time  of  production  for 
compound fats referred to in the Part C of the Appendix;  

(d) 

the percentage salt content must be indicated in a particularly legible manner in 
the list of ingredients for products referred to in the Appendix.  

Notwithstanding paragraph 1(a) the sales descriptions 'minarine' or 'halvarine' may be 
used for products referred to in point 3 of Part B of the Appendix. 

The sales description referred to in point (a) of paragraph 1 may be used together with 
one or more terms to define the plant and/or animal species from which the products 
originate, or the intended use of the products as well as with other terms concerning 
the  production  methods  in  so  far  as  such  terms  are  not  in  contradiction  with  other 
Community  provisions,  in  particular  with  Council  Regulation  (EC)  No 509/2006  of 

EN 

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   EN 

 
20 March  2006  on  agricultural  products  and  foodstuffs  as  traditional  specialities 
guaranteed70.  

Indications  of  geographical  origin  may  also  be  used  subject  to  the  provisions  of 
Council  Regulation  (EC)  No 510/2006  of  20  March  2006  on  the  protection  of 
geographical  indications  and  designations  of  origin  for  agricultural  products  and 
foodstuffs71. 

The term 'vegetable' may be used together with the sales descriptions in Part B of the 
Appendix,  provided  that  the  product  contains  only  fat  of  vegetable  origin  with  a 
tolerance  of  2%  of  the  fat  content  for  animal  fats.  This  tolerance  shall  also  apply 
where reference is made to a vegetable species.  

The information referred to in paragraphs 1, 2 and 3 shall be easy to understand and 
marked in a conspicuous place in such a way as to be easily visible, clearly legible 
and indelible. 

Special  measures  regarding  the  information  referred  to  in  points  (a)  and  (b)  of 
paragraph 1 may be introduced by the Commission for certain forms of advertising.  

4. 

5. 

6. 

III. 

Terminology 

1. 

2. 

3. 

The  term  "traditional"  may  be  used  together  with  the  name  "butter"  provided  for  in 
point 1 of part A of the Appendix, where the product is obtained directly from milk or 
cream.  

For  the  purposes  of  this  point,  'cream'  means the product obtained  from  milk in the 
form of an emulsion of the oil-in-water type with a milk-fat content of at least 10%.  

Terms  for  products  referred  to  in  the  Appendix  which  state,  imply  or  suggest  fat 
content other than those referred to in that Appendix shall be prohibited.  

By way of derogation from paragraph 2 and in addition:  

(a) 

(b) 

the term "reduced-fat' "ay be used for products referred to in the Appendix with 
a fat content of more than 41% but not more than 62%;  

the  terms  "low-fat"  or  "light"  may  be  used  for  products  referred  to  in  the 
Appendix with a fat content of 41% or less.  

The  term  "reduced-fat"  and  the  terms  "low-fat"  or  "light"  may,  however,  replace 
respectively the terms "three-quarter-fat" or "half-fat" used in the Appendix.  

IV. 

National rules 

1. 

Subject  to  the  provisions  of  this  Annex,  Member  States  may  adopt  or  maintain 
national regulations laying down different quality levels. Such regulations shall allow 
those quality levels to be assessed on the basis of criteria relating in particular to the 
raw materials used, the organoleptic, characteristics of the products and their physical 
and microbiological stability.  

70 
71 

OJ L 93, 31.3.2006, p. 1. 
OJ L 93, 31.3.2006, p. 12. 

EN 

173 

   EN 

 
                                                 
Member  States  making  use  of  this  option  shall  ensure  that  other  Member  States' 
products  which  comply  with  the  criteria  laid  down  by  those  regulations  may,  under 
non-discriminatory conditions, use terms which, by virtue of those regulations, state 
that those criteria are complied with.  

2. 

3. 

The  sales  descriptions  referred  to  in  point  II(1)(a)  may  be  supplemented  by  a 
reference to the quality level peculiar to the product concerned.  

Member States shall take the measures necessary to ensure that checks are conducted 
on  the  application  of  all  the  criteria  referred  to  in  the  second  subparagraph  of 
paragraph 1  for  determining  the  quality  levels.  Regular  and  frequent  checks  shall 
extend up to the end product and must be made by one or more bodies governed by 
public law and designated by the Member State, or by an approved body supervised 
by the latter. Member States shall give the Commission a list of the bodies they have 
designated.  

V. 

Imported products 

Products imported into the Community must comply with the provisions set out in this Annex 
in the cases referred to in point I (1) of this Annex.  

VI. 

Penalties 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the  Commission  in 
accordance  with  Article  187  of  this  Regulation,  Member  States  shall  specify  the  effective 
penalties to be imposed in the case of breach of the provisions of Article 111 and this Annex 
and,  where  appropriate,  the  national  measures  relevant  for  its  enforcement  and  inform  the 
Commission thereof.  

EN 

174 

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Appendix to Annex XII 

Fat group 

Definitions 

Sales descriptions 

A.  Milk fats 

1.  Butter 

Product categories 

Additional description of the category with an indication of 
the % fat content by weight 

The product with a milk-fat content of not less than 80% but 
less  than  90%,  a  maximum  water  content  of  16%  and  a 
maximum dry non-fat milk-material content of 2%. 

Products  in  the  form  of  a  solid,  malleable 
emulsion,  principally  of  the  water-in-oil 
type,  derived  exclusively  from  milk  and/or 
certain milk products, for which the fat is the 
essential  constituent  of  value.  However, 
their 
other 
manufacture  may  be  added,  provided  those 
substances  are  not  used  for  the  purpose  of 
replacing,  either  in  whole  or  in  part,  any 
milk constituents. 

substances  necessary 

for 

2.  Three-quarter 
butter (*) 

fat 

The product with a milk-fat content of not less than 60% but 
not more than 62%. 

3.  Half fat butter (**) 

The product with a milk-fat content of not less than 39% but 
not more than 41%. 

4.  Dairy spread X% 

The product with the following milk-fat contents: 
– 
– 
– 

less than 39%, 
more than 41% but less than 60%, 
more than 62% but less than 80%. 

(*) 
(**) 

corresponding to 'smør 60' in Danish.  
corresponding to 'smør 40' in Danish. 

Fat group 

Definitions 

Sales description 

B.  Fats  

1.  Margarine 

Products  in  the  form  of  a  solid,  malleable 
emulsion,  principally  of  the  water-in-oil 
type,  derived  from  solid  and/or 
liquid 
vegetable  and/or  animal  fats  suitable  for 
human consumption, with a milk-fat content 
of not more than 3% or the fat content. 

Product categories 

Additional description of the category with an indication of 
the % fat content by weight 

The product obtained from vegetable and/or animal fats with 
a fat content of not less than 80% but less than 90%. 

2.  Three-quarter-fat 
margarine (*) 

The product obtained from vegetable and/or animal fats with 
a fat content of not less than 60% but nor more than 62%. 

3.  Half-fat  margarine 

(**) 

The product obtained from vegetable and/or animal fats with 
a fat content of not less than 39% but not more than 41%. 

4.  Fat spreads X% 

The product obtained from vegetable and/or animal fats with 
the following fat contents: 

EN 

175 

EN 

 
  
 
(*) 
(**) 

corresponding to 'margarine 60' in Danish 
corresponding to 'margarine 40' in Danish. 

Fat group 

Definitions 

Sales description 

C.  Fats composed of plant and/or animal 

1.  Blend 

products 

2.  Three-quarter-fat 

blend (*) 

3.  Half-fat blend (**) 

4.  Blended spread X% 

– 
– 
– 

less than 39%, 
more than 41% but less than 60%, 
more than 62% but less than 80%. 

Product categories 

Additional description of the category with an indication of 
the % fat content by weight 

The  product  obtained  from  a  mixture  of  vegetable  and/or 
animal  fats  with  a  fat  content  of  not  less  than  80%  but  less 
than 90%. 

The  product  obtained  from  a  mixture  of  vegetable  and/or 
animal  fats  with  a  fat  content  of  not  less  than  60%  but  not 
more than 62%. 

The  product  obtained  from  a  mixture  of  vegetable  and/or 
animal  fats  with  a  fat  content  of  not  less  than  39%  but  not 
more than 41%. 

The  product  obtained  from  a  mixture  of  vegetable  and/or 
animal fats with the following fat contents: 
– 
– 
– 

less than 39%,  
more than 41% but less than 60%, 
more than 62% but less than 80%. 

(*) 
(**) 

corresponding to 'blandingsprodukt 60' in Danish.  
corresponding to 'blandingsprodukt 40' in Danish. 

Note: The milk-fat component of the products listed in this Appendix may be modified only by physical processes. 

EN 

176 

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ANNEX XIII 
DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS  
referred to in Article 113 

1. 

VIRGIN OLIVE OILS 

Oils obtained from the fruit of the olive tree solely by mechanical or other physical 
means  under  conditions  that  do  not  lead  to  alterations  in  the  oil,  which  have  not 
undergone any treatment other than washing, decantation, centrifugation or filtration, 
to the exclusion of oils obtained using solvents or using adjuvants having a chemical 
or  biochemical  action,  or  by  re-esterification  process  and  any  mixture  with  oils  of 
other kinds. 

Virgin olive oils are exclusively classified and described as follows: 

(a)  Extra virgin olive oil 

Virgin  olive  oil  having a maximum  free acidity, in terms of oleic acid, of 0,8 g per 
100 g,  the  other  characteristics  of  which  comply  with  those  laid  down  for  this 
category. 

(b)  Virgin olive oil 

Virgin  olive  oil  having  a  maximum  free  acidity,  in  terms  of  oleic  acid,  of  2 g  per 
100 g,  the  other  characteristics  of  which  comply  with  those  laid  down  for  this 
category. 

(c)  Lampante olive oil 

Virgin  olive  oil  having  a  free  acidity,  in  terms  of  oleic  acid,  of  more  than  2 g  per 
100 g, and/or the other characteristics of which comply with those laid down for this 
category. 

2. 

REFINED OLIVE OIL 

Olive oil obtained by refining virgin olive oil, having a free acidity content expressed 
as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which 
comply with those laid down for this category. 

3. 

OLIVE OIL – COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE 
OILS 

Olive  oil  obtained  by  blending  refined  olive  oil  and  virgin  olive  oil  other  than 
lampante olive oil, having a free acidity content expressed as oleic acid, of not more 
than  1 g  per  100 g,  and  the  other  characteristics  of  which  comply  with  those  laid 
down for this category. 

4. 

CRUDE OLIVE-POMACE OIL 

Oil obtained from olive pomace by treatment with solvents or by physical means or 
oil  corresponding  to  lampante  olive  oil,  except  for  certain  specified  characteristics, 
excluding oil obtained by means of re-esterification and mixtures with other types of 
oils,  and  the  other  characteristics  of  which  comply  with  those  laid  down  for  this 
category. 

EN 

177 

   EN 

 
5. 

REFINED OLIVE-POMACE OIL 

Oil  obtained  by  refining  crude  olive-pomace  oil,  having  free  acidity  content 
expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics 
of which comply with those laid down for this category. 

6. 

OLIVE-POMACE OIL 

Oil  obtained  by  blending  refined  olive-pomace  oil  and  virgin  olive  oil  other  than 
lampante olive oil, having a free acidity content expressed as oleic acid, of not more 
than  1 g  per  100 g,  and  the  other  characteristics  of  which  comply  with  those  laid 
down for this category. 

EN 

178 

   EN 

 
ANNEX XIV 
IMPORT DUTIES FOR RICE PRODUCTS 
referred to in Articles 131 and 133 

1. 

Import duties for husked rice 

(a)  EUR 30 per tonne in the following cases: 

(aa)  where it is noted that the imports of husked rice made over the course of 
the marketing year just ended did not reach the annual reference quantity 
referred to in the first subparagraph of paragraph 3, less 15%, 

(bb)  where it is noted that the imports of husked rice made over the course of 
the  first  six  months  of  the  marketing  year  do  not  reach  the  partial 
reference quantity referred to in the second subparagraph of paragraph 3, 
less 15%, 

(b)  EUR 42.5 per tonne in the following cases: 

(aa)  where it is noted that the imports of husked rice made over the course of 
the  marketing  year  just  ended  exceed  the  annual  reference  quantity 
referred to in the first subparagraph of paragraph 3, less 15%, but do not 
exceed that same annual reference quantity plus 15%, 

(bb)  where  it  is  noted  that  the  imports  of  husked  rice  made  in  the  first  six 
months  of  the  marketing  year  exceed  the  partial  reference  quantity 
referred to in the second subparagraph  of  paragraph  3, less  15%, but do 
not exceed that same partial reference quantity plus 15%, 

(c)  EUR 65 per tonne in the following cases: 

(aa)  where it is noted that the imports of husked rice made over the course of 
the  marketing  year  just  ended  exceed  the  annual  reference  quantity 
referred to in the first subparagraph of paragraph 3, plus 15%, 

(bb)– where it is noted that the imports of husked rice made over the course of 
the  first  six  months  of  the  marketing  year  exceed  the  partial  reference 
quantity referred to in the second subparagraph of paragraph 3, plus 15%.  

2. 

Import duties for milled rice 

(a)  EUR 175 per tonne in the following cases: 

(aa)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 

during the marketing year just ended exceed 387 743 tonnes; 

(bb)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 

during the first six months of the marketing year exceed 182 239 tonnes; 

(b)  EUR 145 per tonne in the following cases: 

(aa)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 
during the marketing year just ended do not exceed 387 743 tonnes; 

EN 

179 

   EN 

 
(bb)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 
during the first six months of the marketing year do not exceed 182 239 
tonnes.

EN 

180 

   EN 

 
ANNEX XV 
VARIETIES OF BASMATI RICE 
referred to in Article 132 

Basmati 217 

Basmati 370 

Basmati 386 

Kernel (Basmati) 

Pusa Basmati 

Ranbir Basmati 

Super Basmati 

Taraori Basmati (HBC-19) 

Type-3 (Dehradun) 

EN 

181 

   EN 

 
ANNEX XVI 
STATES REFERRED TO IN ARTICLES 147(3) AND 148(1)(b) AND IN POINT 12 OF 
PART II OF ANNEX III 

Barbados 

Belize 

Côte d'Ivoire 

Republic of the Congo 

Fiji 

Guyana 

India 

Jamaica 

Kenya 

Madagascar 

Malawi 

Mauritius 

Mozambique 

Saint Kitts and Nevis — Anguilla 

Suriname 

Swaziland 

Tanzania 

Trinidad and Tobago 

Uganda 

Zambia 

Zimbabwe 

EN 

182 

   EN 

 
ANNEX XVII 
LIST OF GOODS 
referred to in Article 23(a)(ii) and in Section II of Chapter III of Part III 

CN code 

ex  0403 

0403 10 
0403 10 51 to 
0403 10 99 
0403 90 
0403 90 71 to 
0403 90 99 

ex  0710 

0710 40 00 

ex  0711 

0711 90 30 

ex  1704 

1806 
ex  1901 

1901 10 00 
1901 20 00 
1901 90 
1901 90 11 to 
1901 90 19 

1901 90 99 

ex  1902 

1902 11 00 
1902 19 
ex  1902 20 

1902 20 91 

Part I: Cereals 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or 
acidified  milk  and  cream,  whether  or  not  concentrated  or  containing  added 
sugar or other sweetening matter or flavoured or containing added fruit, nuts or 
cocoa: 
- Yoghurt: 
- - Flavoured or containing added fruit, nuts or cocoa 

- Other: 
- - Flavoured or containing added fruit, nuts or cocoa 

Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 
- Sweetcorn 
Vegetables  provisionally  preserved  (for  example,  by  sulphur  dioxide  gas,  in 
brine, in sulphur water or in other preservative solutions), but unsuitable in that 
state for immediate consumption: 
- - - Sweetcorn 
Sugar  confectionery  (including  white  chocolate),  not  containing  cocoa,  except 
liquorice extract of subheading 1704 90 10 
Chocolate and other food preparations containing cocoa 
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not 
containing cocoa or containing less than 40% by weight of cocoa calculated on 
a totally defatted basis, not elsewhere specified or included; food preparations 
of goods of headings 0401 to 0404, not containing cocoa or containing less than 
5%  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 
- Preparations for infant use, put up for retail sale 
- Mixes and doughs for the preparation of bakers' wares of heading 1905 
- Other: 
- - Malt extract 

- - Other: 
- - - Other 
Pasta,  whether  or  not  cooked  or  stuffed  (with  meat  or  other  substances)  or 
otherwise  prepared,  such  as  spaghetti,  macaroni,  noodles,  lasagne,  gnocchi, 
ravioli, cannelloni; couscous, whether or not prepared: 
- Uncooked pasta, not stuffed or otherwise prepared: 
- - Containing eggs 
- - Other 
- Stuffed pasta, whether or not cooked or otherwise prepared: 
- - Other: 
- - - Cooked 

EN 

183 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

1902 20 99 
1902 30 
1902 40 
1903 00 00 

1904 

1905 

ex  2001 

2001 90 30 
2001 90 40 

ex  2004 

2004 10 91 

2004 90 10 

ex  2005 

2005 20 10 
2005 80 00 

ex  2008 

2008 99 85 
2008 99 91 

ex  2101 

2101 12 98 

Description 

- - - Other 
- Other pasta 
- Couscous 
Tapioca  and  substitutes  therefor  prepared  from  starch,  in  the  form  of  flakes, 
grains, pearls, siftings or similar forms 
Prepared foods obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals (other than maize(corn)) in grain form or in 
the form of flakes or other worked grains (except flour, groats and meal), pre-
cooked or otherwise prepared, not elsewhere specified or included: 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical 
use, sealing wafers, rice paper and similar products 
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by 
vinegar or acetic acid: 
- Other: 
- - Sweetcorn (Zea mays var. saccharata) 
- - Yams,  sweet  potatoes  and  similar  edible  parts  of  plants  containing  5%  or 
more by weight of starch 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen, other than products of heading 2006: 
- Potatoes: 
- - Other: 
- - - In the form of flour, meal or flakes 
- Other vegetables and mixtures of vegetables: 
- - Sweetcorn (Zea mays var. saccharata) 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen, other than products of heading 2006: 
- Potatoes: 
- - In the form of flour, meal or flakes 
- Sweetcorn (Zea mays var. saccharata) 
Fruit,  nuts  and  other  edible  parts  of  plants,  otherwise  prepared  or  preserved, 
whether or not containing added sugar or other sweetening matter or spirit, not 
elsewhere specified or included: 
- Other, including mixtures other than those of subheading 2008 19: 
- - Other: 
- - - Not containing added spirit: 
- - - - Not containing added sugar: 
- - - - - Maize (corn), other than sweetcorn (Zea mays var. saccharata) 
- - - - - Yams, sweet potatoes and similar edible parts of plants, containing 5% 

or more by weight of starch 

Extracts, essences and concentrates, of coffee, tea or maté and preparations with 
a basis of these products or with a basis of coffee, tea or maté; roasted chicory 
and  other  roasted  coffee  substitutes,  and  extracts,  essences  and  concentrates 
thereof: 
- - Preparations with a basis of these extracts, essences or concentrates or with a 
basis of coffee: 
- - - Other 

EN 

184 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

2101 20 

2101 20 98 
2101 30 

2101 30 19 

2101 30 99 

ex  2102 

2102 10 31 and 
2102 10 39 
2105 00 

ex  2106 

2106 90 92 

2106 90 98 
2202 

2205 

ex  2208 

2208 30 32 to 
2208 30 88 
2208 50 
2208 60 
2208 70 

2208 90 41 

2208 90 52 
2208 90 54 
2208 90 56 

Description 

- Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a 
basis of these extracts, essences or concentrates, or with a basis of tea or maté: 

- - - Other 
Roasted chicory and other roasted coffee substitutes, and extracts, essences and 
concentrates thereof: 
- - Roasted chicory and other roasted coffee substitutes: 
- - - Other 
- - Extracts,  essences  and  concentrates  of  roasted  chicory  and  other  roasted 

coffee substitutes: 

- - - Other 
Yeasts  (active  or  inactive);  other  single-cell  micro-organisms,  dead  (but  not 
including vaccines of heading 3002); prepared baking powders: 
- Active yeasts 
- - Bakers' yeast 

Ice cream and other edible ice, whether or not containing cocoa 
Food preparations not elsewhere specified or included: 
- Other: 
- - Other: 
- - - Containing  no  milkfats,  sucrose,  isoglucose,  glucose  or  starch  or 
containing,  by  weight,  less  than  1,5%  milkfat,  5%  sucrose  or  isoglucose, 
5% glucose or starch 

- - - Other 
Waters, including mineral waters and aerated water, containing added sugar or 
other  sweetening  matter  or  flavoured,  and  other  non-alcoholic  beverages,  not 
including fruit or vegetable juices of heading 2009 
Vermouth  and  other  wine  or  fresh  grapes  flavoured  with  plants  or  aromatic 
substances 
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% 
vol; spirits, liqueurs and other spirituous beverages: 
- Whiskies: 
- - Other than Bourbon whiskey 

- Gin and Geneva 
- Vodka 
- Liqueurs and cordials 
- Other: 
- - Other spirits and other spirituous beverages, in containers holding: 
- - - 2 litres or less: 
- - - - Ouzo 
- - - - Other: 
- - - - - Spirits (excluding liqueurs): 
- - - - - - Other: 
- - - - - - - Korn 
- - - - - - - Tequila 
- - - - - - - Other 

EN 

185 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

2208 90 69 

2208 90 75 
2208 90 77 
2208 90 78 
2905 43 00 
2905 44 

ex  3302 

3302 10 29 
3505 

ex  3809 

3809 10 
3824 60 

CN code 

ex 0403 

  0403 10 
  0403 10 51 to 
  0403 10 99 
  0403 90 
  0403 90 71 to 
  0403 90 99 
ex 1704 
  1704 90 51 to 
  1704 90 99 
ex 1806 

ex 1901 

Description 

- - - - - Other spirituous beverages 
- - - More than 2 litres: 
- - - - Spirits (excluding liqueurs): 
- - - - - Tequila 
- - - - - Other 
- - - - Other spirituous beverages 
- - Mannitol 
- - D-glucitol (sorbitol) 
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) 
with a basis of one or more of these substances, of a kind used as raw materials 
in industry; other preparations based on odoriferous substances, of a kind used 
for the manufacture of beverages: 
- Of a kind used in the food or drink industries: 
- - Of a kind used in the drink industries: 
- - - Preparations containing all flavouring agents characterising a beverage: 
- - - - Other: 
- - - - - Other 
Dextrins and other modified starches (for example, pregelatinised or esterified 
starches); glues based on starches, or on dextrins or other modified starches 
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and 
other  products  and  preparations  (for  example,  dressings  and  mordants),  of  a 
kind used in the textile, paper, leather or like industries, not elsewhere specified 
or included: 
- With a basis of amylaceous substances 
- Sorbitol other than that of subheading 2905 44 

Part II: Rice 

Description 

Buttermilk,  curdled  milk  and  cream,  yoghurt,  kephir  and  other  fermented  or 
acidified milk and cream, whether or not concentrated or containing added sugar 
or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: 
- Yoghurt: 
- - Flavoured or containing added fruit, nuts or cocoa 

- Other: 
- - Flavoured or containing added fruit, nuts or cocoa 

Sugar confectionery (including white chocolate), not containing cocoa: 
- - Other 

Chocolate  and  other  food  preparations  containing  cocoa,  except  goods  of 
subheadings 1806 10, 1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90 
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not 
containing cocoa or containing less than 40% by weight of cocoa calculated on a 
totally defatted basis, not elsewhere specified or included; food preparations of 
goods  of  headings  0401  to  0404,  not  containing  cocoa  or  containing  less  than 

EN 

186 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

  1901 10 00 
  1901 20 00 
  1901 90 
  1901 90 11 to 
  1901 90 19 

  1901 90 99 
ex 1902 

  1902 20 91 
  1902 20 99 
  1902 30 
  1902 40 90 
  1904 

ex 1905 

  1905 90 20 

ex 2004 

  2004 10 91 
ex 2005 

  2005 20 10 
ex 2101 

  2101 12 

  2101 12 98 
  2101 20 

  2101 20 98 
  2105 00 
ex2106 

5%  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 
- Preparations for infant use, put up for retail sale 
- Mixes and doughs for the preparation of bakers' wares of heading 1905 
- Other: 
- - Malt extract 

- - Other: 
- - - Other 
Pasta,  whether  or  not  cooked  or  stuffed  (with  meat  or  other  substances)  or 
otherwise  prepared,  such  as  spaghetti,  macaroni,  noodles,  lasagne,  gnocchi, 
ravioli, cannelloni; couscous, whether or not prepared: 
- - - Cooked 
- - - Other 
- Other pasta 
- - Other 
Prepared foods obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals (other than maize (corn)) in grain form or in 
the form of flakes or other worked grains (except flour, groats and meal), pre-
cooked or otherwise prepared, not elsewhere specified or included 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical 
use, sealing wafers, rice paper and similar products: 
- - Communion wafers, empty cachets of a kind suitable for pharmaceutical use, 
sealing wafers, rice paper and similar products 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen, other than products of heading 2006: 
- Potatoes: 
- - Other: 
- - - In the form of flour, meal or flakes 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen, other than products of heading 2006: 
- Potatoes: 
- - In the form of flour, meal or flakes 
Extracts, essences and concentrates, of coffee, tea or mate and preparations with 
a basis of these products or with a basis of coffee, tea or maté; roasted chicory 
and  other  roasted  coffee  substitutes,  and  extracts,  essences  and  concentrates 
thereof: 
- - Preparations with a basis of these extracts, essences or concentrates or with a 
basis of coffee: 
- - - Other 
- Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a 
basis of these extracts, essences or concentrates, or with a basis of tea or maté: 
- - - Other 
Ice cream and other edible ice, whether or not containing cocoa 
Food preparations not elsewhere specified or included: 
- Other: 

EN 

187 

   EN 

 
 
 
 
 
 
 
CN code 

Description 

  2106 90 92 

  2106 90 98 
ex 3505 

ex 3809 

  3809 10 

CN Code 

ex  0403 

0403 10 
0403 10 51 to  
0403 10 99 
0403 90 
0403 90 71 to  
0403 90 99 

ex  0710 

0710 40 00 

ex  0711 

0711 90 

0711 90 30 
1702 50 00 

ex  1704 

1806 
ex  1901 

1901 10 00 
1901 20 00 
1901 90 

- - Other: 
- - - Containing  no  milkfats,  sucrose, 
isoglucose,  glucose  or  starch  or 
containing,  by  weight,  less  than  1,5%  milkfat,  5%  sucrose  or  isoglucose,  5% 
glucose or starch 
- - - Other 
Dextrins  and  other  modified  starches  (for  example,  pregelatinised  esterified 
starches);  glues  based  on  starches,  or  on  dextrins  or  other  modified  starches, 
except starches of subheading 3505 10 50 
Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and 
other products and preparations (for example, dressings and mordants), of a kind 
used  in  the  textile,  paper,  leather  or  like  industries,  not  elsewhere  specified  or 
included: 
- With a basis of amylaceous substances 

Part III: Sugar 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or 
acidified  milk  and  cream,  whether  or  not  concentrated  or  containing  added 
sugar or other sweetening matter or flavoured or containing added fruit, nuts or 
cocoa: 
– Yogurt: 
– – Flavoured or containing added fruit, nuts or cocoa 

– Other: 
– – Flavoured or containing added fruit, nuts or cocoa 

Vegetables (uncooked or cooked by steaming or by boiling in water), frozen: 
– Sweetcorn 
Vegetables  provisionally  preserved  (for  example,  by  sulphur  dioxide  gas,  in 
brine, in sulphur water or in other preservative solutions), but unsuitable in that 
state for immediate consumption: 
– Other vegetables; mixtures of vegetables: 
– – Vegetables: 
– – – Sweetcorn 
– Chemically pure fructose 
Sugar  confectionery  (including  white  chocolate),  not  containing  cocoa,  except 
liquorice extract of subheading 1704 90 10 
Chocolate and other food preparations containing cocoa 
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not 
containing cocoa or containing less than 40% by weight of cocoa calculated on 
a totally defatted basis, not elsewhere specified or included; food preparations 
of goods of headings 0401 to 0404, not containing cocoa or containing less than 
5%  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 
– Preparations for infant use, put up for retail sale 
– Mixes and doughs for the preparation of bakers’ wares of heading 1905 
– Other: 

EN 

188 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

Description 

1901 90 99 

ex  1902 

1902 20 

1902 20 91 
1902 20 99 
1902 30 
1902 40 
1902 40 90 
1904 

ex  1905 

1905 10 00 
1905 20 
1905 31 
1905 32 
1905 40 
1905 90 

1905 90 45 
1905 90 55 

1905 90 60 
1905 90 90 

ex  2001 

2001 90 
2001 90 30 
2001 90 40 

ex  2004 

2004 10 

2004 10 91 
2004 90 
2004 90 10 

ex  2005 

– – Other: 
– – – Other 
Pasta,  whether  or  not  cooked  or  stuffed  (with  meat  or  other  substances)  or 
otherwise  prepared,  such  as  spaghetti,  macaroni,  noodles,  lasagne,  gnocchi, 
ravioli, cannelloni; couscous, whether or not prepared: 
– Stuffed pasta, whether or not cooked or otherwise prepared: 
– – Other: 
– – – Cooked 
– – – Other 
– Other pasta 
– Couscous: 
- - Other 
Prepared foods obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals (other than maize (corn)) in grain form or in 
the form of flakes or other worked grains (except flour groats and meal), pre-
cooked, or otherwise prepared, not elsewhere specified or included 
Bread,  pastry,  cakes,  biscuits  and  other  bakers’  wares,  whether  or  not 
containing  cocoa;  communion  wafers,  empty  cachets  of  a  kind  suitable  for 
pharmaceutical use, sealing wafers, rice paper and similar products: 
- Crispbread 
- Gingerbread and the like 
- - Sweet biscuits 
- - Waffles and wafers 
- Rusks, toasted bread and similar toasted products 
- Other: 
- - Other: 
- - - Biscuits 
- - - Extruded or expanded products, savoury or salted 
- - - Other: 
- - - - With added sweetening matter 
- - - - Other 
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by 
vinegar or acetic acid: 
- Other: 
- - Sweetcorn (Zea mays var. saccharata) 
- - Yams,  sweet  potatoes  and  similar  edible  parts  of  plants  containing  5%  or 
more by weight of starch 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen, other than products of heading 2006: 
- Potatoes 
- - Other 
- - - In the form of flour, meal or flakes 
- Other vegetables and mixtures of vegetables: 
- - Sweetcorn (Zea mays var. saccharata) 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen, other than products of heading 2006): 

EN 

189 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

2005 20 
2005 20 10 
2005 80 00 

ex  2101 

2101 12 98 

2101 20 98 

2101 30 19 

2101 30 99 
2105 00 

ex  2106 

2106 90 
2106 90 92 

2106 90 98 
2202 

2205 

ex  2208 

2208 20 
2208 50 91 to 
2208 50 99 
2208 70 
2208 90 41 to 
2208 90 78 
2905 43 00 
2905 44 

ex  3302 

Description 

- Potatoes: 
- - In the form of flour, meal or flakes 
- Sweetcorn (Zea mays var. saccharata) 
Extracts, essences and concentrates, of coffee, tea or mate and preparations with 
a basis of these products or with a basis of coffee, tea or maté; roasted chicory 
and  other  roasted  coffee  substitutes,  and  extracts,  essences  and  concentrates 
thereof: 
- Extracts, essences and concentrates, of coffee and preparations with a basis of 
these extracts, essences or concentrates or with a basis of coffee: 
- - Preparation with a basis of these extracts, essences or concentrates or with a 
basis of coffee: 
- - - Other: 
- Extracts,  essences  and  concentrates  ,  of  tea  or  maté,  and  preparations  with  a 
basis of these extracts, essences or concentrates, or with a basis of tea or mate: 
- - Preparations 
- - - Other 
- Roasted chicory and other roasted coffee substitutes, and extracts, essences and 
concentrates thereof: 
- - Roasted chicory and other roasted coffee substitutes: 
- - - Other 
- - Extracts,  essences  and  concentrates  of  roasted  chicory  and  other  roasted 
coffee substitute: 
- - - Other 
Ice cream and other edible ice, whether or not containing cocoa 
Food preparations not elsewhere specified or included: 
- Other: 
- - - - - Containing  no  milk-fats,  sucrose,  isoglucose,  glucose  or  starch  or 
containing,  by  weight,  less  than  1,5%  milk-fat,  5%  sucrose  or  isoglucose,  5% 
glucose or starch 
- - - - - Other 
Waters, including mineral waters and aerated waters, containing added sugar or 
other  sweetening  matter  or  flavoured,  and  other  non-alcoholic  beverages,  not 
including fruit or vegetable juices of heading 2009 
Vermouth  and  other  wine  of  fresh  grapes  flavoured  with  plants  or  aromatic 
substances 
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% 
vol; spirits, liqueurs and other spirituous beverages: 
- Spirits obtained by distilling grape wine or grape marc 
Geneva 

- Liqueurs and cordials 
- - Other spirits and spirituous beverages 

- - Mannitol 
-  D-glucitol (sorbitol) 
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) 
with a basis of one or more of these substances, of a kind used as raw materials 
in industry; other preparations based on odoriferous substances, of a kind used 

EN 

190 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN Code 

3302 10 

3302 10 29 
ex  Chapter 38 
3824 60 

CN code 

ex  0405 

0405 20 
0405 20 10 
0405 20 30 

ex  1517 

1517 10 
1517 10 10 
1517 90 
1517 90 10 

ex  1704 
ex  1704 90 

ex  1806 

ex  1901 

1901 10 00 
1901 20 00 
1901 90 

1901 90 99 

ex  1902 

1902 19 
1902 20 

Description 

for the manufacture of beverages: 
- Of a kind used in the food or drink industries 
- - Of a kind used in the drink industries: 
- - - Preparations containing all flavouring agents characterising a beverage: 
- - - - - Other (of an actual alcoholic strength by volume not exceeding 0.5%) 
- - - - - Other 
Miscellaneous chemical products: 
- Sorbitol other than that of subheading 2905 44 

Part IV: Milk 

Description of goods 

Butter and other fats and oils derived from milk; dairy spreads: 
– Dairy spreads: 
– – Of a fat content, by weight, of 39% or more but less than 60% 
  – – Of a fat content, by weight, of 60% or more but not exceeding 75% 
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or 
of fractions of different fats or oils of this chapter, other than edible fats or oils 
or their fractions of heading 1516: 
– Margarine, excluding liquid margarine: 
– – Containing, by weight, more than 10% but not more than 15% of milkfats 
– Other: 
– – Containing, by weight, more than 10% but not more than 15% of milkfats 
Sugar confectionery (including white chocolate), not containing cocoa: 
– Other,  excluding  liquorice  extract  containing  more  than  10%  by  weight  of 
sucrose but not containing other added substances 
Chocolate  and  other  food  preparations  containing  cocoa,  excluding  cocoa 
powder sweetened solely by the addition of sucrose of subheading 1806 10 
Malt extract; food preparations of flour, groats, meal, starch or malt extract, not 
containing cocoa or containing less than 40% by weight of cocoa calculated on 
a totally defatted basis, not elsewhere specified or included; food preparations 
of goods of headings 0401 to 0404, not containing cocoa or containing less than 
5%  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 
– Preparations for infant use, put up for retail sale 
– Mixes and doughs for the preparation of bakers' wares of heading 1905 
– Other: 
– – Other: 
– – – Other 
Pasta,  whether  or  not  cooked  or  stuffed  (with  meat  or  other  substances)  or 
otherwise  prepared,  such  as  spaghetti,  macaroni,  noodles,  lasagne,  gnocchi, 
ravioli, cannelloni; couscous, whether or not prepared: 
– Uncooked pasta, not stuffed or otherwise prepared: 
– – Other 
– Stuffed pasta, whether or not cooked or otherwise prepared: 
– – Other: 

EN 

191 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

1902 20 91 
1902 20 99 
1902 30 
1902 40 
1902 40 90 
1904 

ex1905 

1905 10 00 
1905 20 

1905 31 
1905 32 
1905 40 
1905 90 

 (…) 

1905 90 45 
1905 90 55 

1905 90 60 
1905 90 90 

ex  2004 

2004 10 

2004 10 91 

ex  2005 

2005 20 
2005 20 10 
2105 00 

ex  2106 

2106 90 

2106 90 92 

2106 90 98 

ex  2202 

Description of goods 

– – – Cooked 
– – – Other 
– Other pasta 
– Couscous: 
– – Other 
Prepared foods obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals (other than maize (corn)) in grain form or in 
the form of flakes or other worked grains (except flour, groats and meal), pre-
cooked or otherwise prepared, not elsewhere specified or included 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical 
use, sealing wafers, rice paper and similar products: 
Crispbread 
– Gingerbread and the like 
– Sweet biscuits; waffles and wafers: 
– – Sweet biscuits 
– – Waffles and wafers 
– Rusks, toasted bread and similar toasted products 
– Other: 
– – Other: 
(…) 
– – – Biscuits 
– – – Extruded or expanded products, savoury or salted 
– –– Other 
– – – – with added sweetening matter 
– – – – Other 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen, other than products of heading 2006: 
– Potatoes: 
– – Other: 
– – – In the form of flour, meal or flakes 
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen, other than products of heading 2006: 
– Potatoes: 
– –In the form of flour, meal or flakes 
Ice cream and other edible ice, whether or not containing cocoa 
Food preparations not elsewhere specified or included: 
– Other: 
– – Other: 
– – – Containing  no milkfats,  sucrose, 
isoglucose,  glucose  or  starch  or 
containing,  by  weight,  less  than  1,5%  milkfat,  5%  sucrose  or  isoglucose,  5% 
glucose or starch 
– – – Other 
Waters, including mineral waters and aerated waters, containing added sugar or 
other  sweetening  matter  or  flavoured,  and  other  non-alcoholic  beverages,  not 
including fruit and vegetable juices of heading 2009: 

EN 

192 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

2202 90 

2202 90 91 
2202 90 95 
2202 90 99 

ex  2208 

2208 70 
2208 90 

2208 90 69 

2208 90 78 

ex  3302 

3302 10 

3302 10 29 
3501 
ex  3502 

3502 20 

3502 20 91 
3502 20 99 

CN code 

ex  0403 10 51 to  
ex  0403 10 99 
ex  0403 90 71 to 
ex  0403 90 99 
1806 
ex  1901 

1902 11 00 

Description of goods 

– Other: 
– – Other,  containing  by  weight  of  fat  obtained  from  the  products  of 
headings 0401 to 0404: 
– – – Less than 0,2% 
– – – 0,2% or more but less than 2% 
– – – 2% or more 
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% 
vol; spirits, liqueurs and other spirituous beverages: 
– Liqueurs and cordials 
– Other: 
– – Other spirits and spirituous beverages, in containers holding: 
– – – 2 litres or less: 
– – – – Other: 
– – – – – Other spirituous beverages 
– – – More than 2 litres: 
– – – – Other spirituous beverages 
Mixtures of odoriferous substances and mixtures (including alcoholic solutions) 
with a basis of one or more of these substances, of a kind used as raw materials 
in industry; other preparations based on odoriferous substances, of a kind used 
for the manufacture of beverages: 
– Of a kind used in the food or drink industries: 
– – Of a kind used in the drink industries: 
– – – – – Other 
Casein, caseinates and other casein derivatives; casein glues 
Albumins, (including concentrates of two or more whey proteins, containing by 
weight  more  than  80%  whey  proteins,  calculated  on  the  dry  matter), 
albuminates and other albumin derivatives: 
– Milk albumin, including concentrates of two or more whey proteins: 
– – Other: 
– – – Dried (for example in sheets, scales, flakes, powder) 
– – – Other 

Part V: Eggs 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or 
acidified milk and cream, whether or not concentrated or containing added sugar 
or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:  

Chocolate and other food preparations containing cocoa 
Food preparations of goods of headings 0401 to 0404, containing less than 5% 
by weight of cocoa calculated on a totally defatted basis, not elsewhere specified 
or included 
– Uncooked pasta, not stuffed or otherwise preprared: 
– – containing eggs 

EN 

193 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ex  1904 

ex  1905 

1905 20  
1905 31  
1905 32  
1905 40  
1905 90  

ex  2105 00  
2208 

2208 70  
3502 

3502 11 90 
3502 19 90 

Prepared foods obtained by the swelling or roasting of cereals or cereal products 
(for example, corn flakes); cereals(other than maize (corn)), in grain form or in 
the  form  of  flakes  or  other  worked  grains  (except  flour,  groats  and  meal), 
precooked  or  otherwise  prepared,  not  elsewhere  specified  or  included, 
containing cocoa 
Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing 
cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical 
use, sealing wafers, rice paper and similar products: 
-– Gingerbread and the like 
-– Sweet biscuits  
-– Waffles and wafers 
-– Rusks, toasted bread and similar toasted products 
-– Other,  with 
codes 1905 90 10 to 1905 90 30 
Ice cream and other edible ice, containing cocoa 
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% 
vol; spirits, liqueurs and other spirituous beverages: 
-– Liqueurs 
Albumins (including concentrates of two or more whey proteins, containing by 
weight more than 80% whey proteins, calculated on the dry matter), albuminates 
and other albumin derivatives: 
-– -– -–  Other dried egg albumin 
-– -– -–  Other egg albumin 

the  exception  of  products 

falling  within  subheading 

EN 

194 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
ANNEX XVIII 
CORRELATION TABLES referred to in Article 196 

1. 

REGULATION (EEC) NO 234/68 

Regulation (EEC) No 234/68 

This Regulation 

Article 1 

Article 2 

Article 3 – 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10(1) 

Article 10(2) 

Article 10a 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 1(1)(m) 

Article 51 

Article 109 

– 

Article 166 

Section I of Chapter II of Part III 

Article 129 

Article 123 

Article 122 

Article 153 

Article 172 

– 

Article 188 

Article 188 

– 

– 

– 

– 

2. 

REGULATION (EEC) NO 827/68 

Regulation (EEC) No 827/68 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 3 

Article 4 

Article 5 first paragraph 

Article 5 second paragraph 

Article 6 

Article 7 

Article 8 

Article 9 

EN 

Article 1(1)(u) 

Article 129 

Article 123 

Article 122 

Article 153 

– 

Article 172 

Article 175(1) 

Article 188 

– 

– 

– 

195 

   EN 

 
3. 

REGULATION (EEC) NO 2729/75 

Regulation (EEC) No 2729/75 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 3 

Article 143 

Article 144 

Article 145 

Article 146 

4. 

REGULATION (EEC) NO 2759/75 

Regulation (EEC) No 2759/75 

This Regulation 

Article 1 

Article 2 

Article 1(1)(q) 

Article 51 

Article 3 first paragraph, first indent 

Article 28(1)(f) 

Article 3 first paragraph, second indent and 
second and third paragraphs 

– 

Article 4(1) 

Article 4(2) 

Article 4(5) 

Article 4(6) first indent 

Article 4(6) second indent 

Article 4(6) third indent 

Article 5 

Article 6 

Article 7(1) 

Article 7(2) 

Article 7(1)(f) 

Article 34 

Article 39 

Article 34(1) 

Article 34(2) 

Article 40 

– 

– 

– 

Article 40 

Article 8(1) first subparagraph 

Articles 124 and 155(1) 

Article 8(1) second subparagraph 

Articles 125 and 155(2) 

Article 8(1) third subparagraph 

Articles 126, 127 and 155(2) 

Article 8(2) 

Article 9 

Article 10(1)–(3) 

Article 10(4) 

Article 11(1)–(3) 

Article 11(4) 

Article 12 

Article 13(1) 

Article 13(2) 

Article 13(3) and (4) 

Article 13(5) 

Article 13(6) – (10) 

Article 13(11) 

Article 13(12) 

EN 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 137 

Article 138 

Article 142 

Article 179(b) 

Article 156(1) 

Article 157 

Article 158 

Article 163 

Article 160 

Article 162 

Article 163 

196 

   EN 

 
Article 14 

Article 15(1) 

Article 15(2) 

Article 16 

Article 19 

Article 20(1) 

Article 20(2) – (4) 

Article 21 

Article 22 

Article 24 

Article 25 

Article 26 

Article 27 

Articles 154 and 167 

Article 123 

Article 122 

Article 153 

– 

Article 41 

Article 43 

Article 172 

Article 185 

Article 188 

– 

– 

– 

5. 

REGULATION (EEC) NO 2771/75 

Regulation (EEC) No 2771/75 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2(1) 

Article 2(2) 

Article 1(1)(s) 

Article 2(1) 

Article 51 

Article 109 

Article 3(1) first subparagraph 

Articles 124 and 155 

Article 3(1) second subparagraph 

Articles 125 and 155(2) 

Article 3(1) third subparagraph 

Articles 126, 127 and 155(2) 

Article 3(2) 

Article 4 

Article 5(1) – (3) 

Article 5(4) 

Article 6(1) – (3) 

Article 6(4) 

Article 7 

Article 8(1) 

Article 8(2) 

Article 8(3) and (4) 

Article 8(5) 

Article 8(6) – (11) 

Article 8(12) 

Article 8(13) 

Article 9 

Article 10(1) 

Article 10(2) 

Article 11 

Article 13 

EN 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 137 

Article 138 

Articles 139 and 142 

Article 179(b) 

Article 156(1) 

Article 157 

Article 158 

Article 163 

Article 160 

Article 162 

Article 163 

Article 154 

Article 123 

Article 122 

Article 153 

– 

197 

   EN 

 
Article 14(1) 

Article 14(2) and (3) 

Article 15 

Article 16 and 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 41 

Article 43 

Article 185 

Article 188 

– 

Article 172 

– 

– 

6. 

REGULATION (EEC) NO 2777/75 

Regulation (EEC) No 2777/75 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2(1) 

Article 2(2) 

Article 1(1)(t) 

Article 2(1) 

Article 51 

Article 109 

Article 3(1) first subparagraph 

Articles 124 and 155 

Article 3(1) second subparagraph 

Articles 125 and 155(2) 

Article 3(1) third subparagraph 

Articles 126, 127 and 155(2) 

Article 3(2) 

Article 4 

Article 5(1) – (3) 

Article 5(4) 

Article 6(1) – (3) 

Article 6(4) 

Article 7 

Article 8(1) 

Article 8(2) 

Article 8(3) and (4) 

Article 8(5) 

Article 8(6) – (10) 

Article 8(11) 

Article 8(12) 

Article 9 

Article 10(1) 

Article 10(2) 

Article 11 

Article 13 

Article 14(1) 

Article 14(2) and (3) 

Article 15 

Article 16 and 17 

Article 18 

EN 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 137 

Article 138 

Articles 139 and 142 

Article 179(b) 

Article 156(1) 

Article 157 

Article 158 

Article 163 

Article 160 

Article 162 

Article 163 

Articles 154 and 167 

Article 123 

Article 122 

Article 153 

– 

Article 41 

Article 43 

Article 185 

Article 188 

– 

198 

   EN 

 
Article 19 

Article 20 

Article 21 

Article 172 

– 

– 

7. 

REGULATION (EEC) NO 707/76 

Regulation (EEC) No 707/76 

This Regulation 

Article 1 

Article 2 and 3 

Article 117 

Article 121 

8. 

REGULATION (EEC) NO 1055/77 

Regulation (EEC) No 1055/77 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 36(1) – (4) 

Article 36(5) 

Article 36(6) and (7) 

Article 40 

Article 36(1) second subparagraph 

9. 

REGULATION (EEC) NO 2931/79 

Regulation (EEC) No 2931/79 

This Regulation 

Article 1 

Article 165 

10. 

REGULATION (EEC) NO 1898/87 

Regulation (EEC) No 1898/87 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4(1) and (3) 

Article  110(1)  in  conjunction  with  point I  of 
Annex X 

Article  110(1)  in  conjunction  with  point II  of 
Annex X 

Article  110(1)  in  conjunction  with  point III  of 
Annex X 

Article  110(1)  in  conjunction  with  point IV  of 
Annex X 

Article 4(2) 

Article 116 

11. 

REGULATION (EEC) NO 3730/87 

Regulation (EEC) No 3730/87 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

EN 

Article 24(1) 

Article 24(2) 

Article 24(3) 

Article 24(4) 

199 

   EN 

 
Article 5 

Article 6 

– 

Article 40 

12. 

REGULATION (EEC) NO 2204/90 

Regulation (EEC) No 2204/90 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2 

Article 3(1) 

Article 3(2) 

Article 4 

Article 5 

Article 114 

Article 116(g) 

Article 114 in conjunction with point 2 of Part V 
of Annex III 

Articles 116(g) and 187 

Articles 185 and 187 

– 

Article 116 

13. 

REGULATION (EEC) NO 2075/92 

Regulation (EEC) No 2075/92 

This Regulation 

Article 1 

Article 13 

Article 14a 

Article 15 

Article 16(1) 

Article 16(2) 

Article 16a 

Article 17 

Article 18 

Article 20 

Article 21 

Article 22 and 23 

Article 24 

Article 1(1)(n) 

Article 101(1) and (2) 

Article 101(3) 

Article 129 

Article 123 

Article 122 

Article 153 

Article 187 

Article 172 

– 

Article 185 

Article 188 

– 

14. 

REGULATION (EEC) NO 2077/92 

Regulation (EEC) No 2077/92 

This Regulation 

Article 1 and 2 

Article 3 – 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 and 12 

EN 

Article 118 

Article 121 

Article 170 

Article 171 

Article 121 

Article 120 

Article 121 

200 

   EN 

 
15. 

REGULATION (EEC) NO 404/93 

Regulation (EEC) No 404/93 

This Regulation 

Article 1(1) and (2) 

Article 1(3) 

Article 2 

Article 3 

Article 4 

Article 15(1) 

Article 15(2) – (4) 

Article 15(5) 

Article 21 

Article 22 

Article 23 

Article 24 

Article 27 

Article 28 

Article 29 

Article 1(1)(k) 

Article 3(1)(a) 

Article 109(1) and (2) 

Article 109(3) 

Articles 116 and 187 

Article 129 

Article 135 

Article 137 

Article 122 

Article 123 

Article 153 

Article 172 

Article 188 

– 

Article 185 

16. 

REGULATION (EC) 2991/94 

Regulation (EC) No 2991/94 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 111 

Article  111  in  conjunction  with  point I  of 
Annex XII 

Article  111  in  conjunction  with  point II  of 
Annex XII 

Article  111  in  conjunction  with  point III(1)  of 
Annex XII 

Article  111  in  conjunction  with  point III(2) 
and (3) of Annex XII 

Article  111  in  conjunction  with  point IV  of 
Annex XII 

Article  111  in  conjunction  with  point V  of 
Annex XII 

Article 116 

– 

Article  111  in  conjunction  with  point VI  of 
Annex XII 

17. 

REGULATION (EC) NO 2200/96 

Regulation (EC) No 2200/96 

This Regulation 

Article 1(1) and (2) 

Article 1(3) 

Article 1(1)(i) 

Article 3(2) 

EN 

201 

   EN 

 
Article 43 

Article 44 

Article 46 

Article 47 

Article 48 

Article 52 

Article 172 

Article 185 

Article 188 

– 

– 

Article 183 

18. 

REGULATION (EC) NO 2201/96 

Regulation (EC) No 2201/96 

This Regulation 

Article 1(1) and (2) 

Article 1(3) 

Article 23 

Article 26 

Article 27 

Article 29 

Article 30 

Article 1(1)(j) 

Article 3(2) 

Article 172 

– 

Article 185 

Article 188 

– 

19. 

REGULATION (EC) NO 2597/97 

Regulation (EC) No 2597/97 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7(1) 

Article 7(2) 

Article 110(2) 

Article  110(2)  in  conjunction  with  point I  of 
Annex XI 

Article  110(2)  in  conjunction  with  point II  of 
Annex XI 

Article  110(2)  in  conjunction  with  point III(1) 
and (2) of Annex XI 

Article 110(2) in conjunction with point III(3) of 
Annex XI 

Article  110(2)  in  conjunction  with  point IV  of 
Annex XI 

Article  110(2)  in  conjunction  with  point V  of 
Annex XI 

Article  110(2)  in  conjunction  with  point VI  of 
Annex XI 

Article 116 

20. 

REGULATION (EC) NO 1254/1999 

Regulation (EC) No 1254/1999 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2 

Article 26(1) 

EN 

Article 1(1)(o) 

Article 2(1) 

Article 51 

Article 31 

202 

   EN 

 
Article 26(2) 

Article 26(3) 

Article 26(4) 

Article 26(5) 

Article 27(1) 

Article 27(2) 

Article 27(3) 

Article 27(4) 

Article 27(5) 

Article 28 

Article 7(1)(d) 

Article 28(1)(c) 

Article 7(2) 

Article 40 

Articles 6, 9(d), 13 and 40(a) 

Article 19(2) 

Articles 19(1), 37 and 40(d) 

Article 40 

Article 189, second paragraph, point (a) 

Articles 22 and 40(d) 

Article 29(1) first subparagraph 

Article 124 

Article 29(1) second subparagraph 

Articles 124 and 155 

Article 29(1) third subparagraph 

Articles 125 and 155(2) 

Article 29(1) fourth subparagraph 

Articles 126, 127 and 155(2) 

Article 29(2) 

Article 30 

Article 31 

Article 32(1) first subparagraph and (2) and 
(3) 

Article 32(1) second subparagraph 

Article 32(4) 

Article 33(1) 

Article 33(2) 

Article 33(3) and (4) 

Article 33(5) 

Article 33(6) – (9) first subparagraph 

Article 33(9) second subparagraph 

Article 33(10) 

Article 33(11) 

Article 33(12) 

Article 34 

Article 35(1) 

Article 35(2) 

Article 36 

Article 37 

Article 38 

Article 39(1) 

Article 39(2) – (4) 

Article 40 

Article 41 

Article 42 and 43 

Article 44 

Article 45 

EN 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 138 

Article 140(1) 

Article 142 

Article 156(1) 

Article 157 

Article 158 

Article 163 

Article 160 

Article 161 

Article 160(7) 

Article 162 

Article 163 

Articles 154 and 167 

Article 123 

Article 122 

Article 153 

Article 39 

Article 179(a) 

Article 41 

Article 43 

Article 172 

Article 185 

Article 188 

– 

Article 183 

203 

   EN 

 
Article 46 – 49 

Article 50, first indent 

Article 50, second indent 

– 

– 

Article 184 

21. 

REGULATION (EC) NO 1255/1999 

Regulation (EC) No 1255/1999 

This Regulation 

Article 1 

Article 2 

Article 3(1) 

Article 3(2) 

Article 5 

Article 1(1)(p) 

Article 3(1)(c)(v) 

Article 7(1)(e) 

Article 7(2) 

– 

Article 6(1) first subparagraph 

Article 14(1) 

Article 6(1) second and third subparagraphs  Article 14(2) second subparagraph 

Article 6(1) fourth subparagraph 

Article 14(2) first subparagraph 

Article  6(2)  first  subparagraph,  point (a), 
first indent 

Article 9(e) 

Article  6(2)  first  subparagraph,  point (a), 
second and third indents and point (b) 

Article 9 in conjunction with Article 40(a) 

Article 6(2) second and third subparagraphs  Article 9 in conjunction with Article 40(a) 

Article 6(3) first subparagraph 

Article 25(a) 

Article 6(3) second and third subparagraphs  Article 26 

Article 6(3) fourth subparagraph 

Article 6(3) fifth subparagraph 

Article  6(4)  first  subparagraph  and  second 
subparagraph first sentence 

Article 40(c)(i) 

Article 40(c)(iii) 

Article 22 and 40(d) 

Article  6(4)  second  subparagraph  second 
sentence 

Article 40(c)(iii) 

Article 6(5) 

Article 6(6) 

– 

Article 5(2)(b) and (d) 

Article 7(1) first subparagraph 

Articles 9(f), 15 first paragraph and 40(a) 

Article 7(1) second subparagraph 

Article 21 second paragraph 

Article 7(1) third subparagraph 

Article 21 first paragraph and 40(a) 

Article 7(1) fourth subparagraph 

Articles 38 and 40(i) 

Article 7(2) 

Article 15 second paragraph 

Article 7(3) first subparagraph 

Articles 28(1)(d), 32 and 40(a) 

Article 7(3) second subparagraph 

Article 28(2) 

Article 7(3) third subparagraph 

Article 40(c)(i) and (iii) 

Article 7(4) 

Article 7(5) 

Article 8(1) 

Article 8(2) and (3) 

Article 9(1) 

Article 9(2) 

Article 22 and 40(d) 

Article 5(2)(c) 

Article 25(b) 

Article 27 and 40(c)(i) and (iii) 

Articles 28(1)(e) and 33(1) 

Article 28(2) 

EN 

204 

   EN 

 
Article 9(3) 

Article 9(4) 

Article 10(a) 

Article 10(b) 

Article 10(c) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 26(1) 

Article 40(c)(iii) 

Article 33(2) 

Articles 14(3) and 40 

Articles  26  second  paragraph,27  first  paragraph 
and 28(2) 

Article 40 

Article 96 

Article 97 

Article 98 

Article 99 

Articles 96 – 99 

Articles 124 and 155 

Article 26(2) first subparagraph 

Articles 125 and 155(2) 

Article 26(2) second subparagraph 

Articles 126, 127 and 155(2) 

Article 26(3) 

Article 27 

Article 28 

Article 29(1) – (3) 

Article 29(4) 

Article 30 

Article 31(1) 

Article 31(2) 

Article 31(3) and (4) 

Article 31(5) 

Article 31(6)–(12) 

Article 31(13) 

Article 31(14) 

Article 32 

Article 33(1) 

Article 33(2) 

Article 34 

Article 35 

Article 36(1) 

Article 36(2) – (4) 

Article 37 

Article 38 

Article 39 

Article 40 

Articles 41 and 42 

Article 43 

Article 44 

Article 45 

Article 46 

EN 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 138 

Articles 139 and 142 

Article 164 

Article 156(1) and (2) 

Article 157 

Article 158 

Article 163 

Article 160 

Article 162 

Article 163 

Article 154 

Article 123 

Article 122 

Article 180 

Article 153 

Article 41 

Article 43 

Article 172 

Article 173 

Article 176 

Article 185 

Article 188 

– 

– 

Article 183 

– 

205 

   EN 

 
Article 47 first indent 

Article 47 second indent 

– 

Article 184 

22. 

REGULATION (EC) NO 2250/1999 

Regulation (EC) No 2250/1999 

This Regulation 

Article 1 

Article  2(1)  in  conjunction  with  point I(1)  of 
Part V of Annex III 

23. 

REGULATION (EC) NO 1493/1999 

Regulation (EC) No 1493/1999 

This Regulation 

Article 1(1) and (2) 

Article 1(4) 

Article 71(1) 

Article 71(2) 

Article 73 

Articles 74 and 75 

Article 76 

Article 77 

Article 1(1)(l) 

Article 3(1)(d) 

Article 172 

Article 174 

Article 185 

Article 188 

– 

– 

24. 

REGULATION (EC) NO 1673/2000 

Regulation (EC) No 1673/2000 

This Regulation 

Article 1(1) 

Article 1(2)(a) 

Article 1(2)(b) 

Article 1(3) 

Article 2(1) 

Article 2(2) 

Article 2(3) and (4) 

Article 2(5) 

Article 3(1) and (3) 

Article 3(2), (4) and (5) 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 first paragraph 

Article 9 second paragraph 

Article 10 

Article 11 

EN 

Article 1(1)(h) 

Article 2(2)(a) 

Article 88(2) 

– 

Article 88(1) 

Article 186 

Article 89 

Article 90 

Article 91 

– 

– 

Article 151 

Article 122 

Article 153 

Article 172 

Article 92 

Article 187 

Article 188 

Article 183 

206 

   EN 

 
Article 12 

Article 13 

Article 14 first indent 

Article 14 second indent 

Article 15 

– 

– 

– 

Article 184 

– 

25. 

REGULATION (EC) NO 2529/2001 

Regulation (EC) No 2529/2001 

This Regulation 

Article 1 

Article 2 

Article 12 

Article 1(1)(r) 

Article 51 

Articles 28(1)(g) and 35 

Article 13(1) first subparagraph 

Articles 124 and 155 

Article 13(1) second subparagraph 

Articles 126 and 155(2) 

Article 13(1) third subparagraph 

Articles 125 and 155(2) 

Article 13(1) fourth subparagraph 

Articles 127 and 155(2) 

Article 13(2) 

Article 14 

Article 15 

Article 16(1)–(3) 

Article 16(4)(a) and (b) 

Article 16(4)(c)–(e) 

Article 17 

Article 18(1) 

Article 18(2) 

Article 19 

Article 20 

Article 21 

Article 22(1) 

Article 22(2) – (4) 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Articles 128 and 155(3) 

Article 129 

Article 135 

Article 138 

Article 139 

Article 142 

Articles 154 and 167 

Article 122 

Article 121 

Article 153 

Article 39 

Article 179(a) 

Article 41 

Article 43 

Article 172 

Article 185 

Article 188 

Article 184 

Article 183 

– 

– 

– 

EN 

207 

   EN 

 
26. 

REGULATION (EC) NO 670/2003 

Regulation (EC) No 670/2003 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 5 

Article 6(1) – (3) 

Article 6(4) 

Article 7 

Article 8(1) 

Article 8(2) 

Article 9 

Article 10(1) 

Article 10(2) and (3) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15(a) 

Article 15(b) 

Article 1(3)(a) 

Article 115 

Article 182 

Articles 124 and 155 

Articles 125, 126 and 155(2) 

Articles 127 and 155(2) 

Articles 128 and 155(3) 

Article 129 

Article 138 

Articles 139 and 142 

Article 154 

Article 123 

Article 122 

Article 153 

Article 172 

Article 175(4) 

Article 185 

Article 188 

– 

– 

– 

Article 184 

27. 

REGULATION (EC) NO 1784/2003 

Regulation (EC) No 1784/2003 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 4(4) 

Article 5(1) 

Article 5(2) 

Article 5(3) 

Article 6(a) 

Article 6(b) 

Article 6(c) 

Article 6(d) 

Article 1(1)(a) 

Article 3(1)(c)(i) 

– 

Article 7(1)(a) 

Article 40(a) 

Article 7(1)(a) 

Article 7(2) 

Articles 5(2)(a), 9(a) and 40(a) 

Article 10 

Article 16 

Articles 38 and 40(i) 

Article 40(a) 

Article 40(b) 

Article 40(c) 

EN 

208 

   EN 

 
Article 6(e) 

Article 7 

Article 8(1) and (2) 

Article 8(3) 

Article 40(d) 

Article 44 

Article 93 

Article 95 

Article 9(1) first subparagraph 

Articles 124 and 155 

Article 9(1) second subparagraph 

Articles 125 and 155(2) 

Article 9(1) third subparagraph 

Articles 126, 127 and 155(2) 

Article 9(2) 

Article 10(1) 

Article 10(2) and (3) 

Article 10(4) 

Article 11 

Article 12(1) – (3) 

Articles 128 and 155(3) 

Article 129 

Article 130 

Article 137 

Article 135 

Article 138 

Article 12(4) first subparagraph 

Articles 139 and 142 

Article 12(4) second subparagraph 

Article 140(2) 

Article 13(1) 

Article 13(2) 

Article 13(3) 

Article 14 

Article 15(1) and (3) 

Article 15(2) 

Article 15(4) 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20(1) 

Article 20(2) 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 156(1) and (2) 

Article 157 

Article 158 

Article 160 

Article 159 

Article 158(4) 

Articles 158(2) and 163 

Articles 156(3) 

Article 162 

Article 163 

Articles 154 and 167 

Article 123 

Article 122 

Article 180 

Article 153 

Article 172 

Article 185 

Article 188 

– 

Article 184 

Article 183 

– 

– 

EN 

209 

   EN 

 
28. 

REGULATION (EC) NO 1785/2003 

Regulation (EC) No 1785/2003 

This Regulation 

Article 1 

Article 2(1) 

Article 2(2) 

Article 3 

Article 4 

Article 6(1) 

Article 6(2) first sentence 

Article 1(1)(b) 

Article 2(1) 

Article 4 

Article 3(1)(e) 

– 

Article 7(1)(b) 

Article 40(a) 

Article 6(2) second and third sentence 

Articles 38 and 40(i) 

Article 6(3) 

Article 7(1) 

Article 7(2) 

Article 7(3) 

Article 7(4) and (5) 

Article 8 

Article 9 

Article 40(a) and (i) 

Articles 9(b) and 11 

Articles 17 and 40(b) 

Articles 22 and 40(d) 

Article 40 

Article 45 

Article 185 

Article 10(1) first subparagraph 

Articles 124 and 155 

Article 10(1) second subparagraph 

Articles 125 and 155(2) 

Article 10(1) third subparagraph 

Articles 126, 127 and 155(2) 

Article 10(1a) 

Article 10(2) 

Article 11(1) 

Article 11(4) 

Article 11a 

Article 11b 

Article 11c 

Article 11d 

Article 12 

Article 13(1) – (3) 

Article 13(4) 

Article 14(1) 

Article 14(2) 

Article 14(3) and (4) 

Article 15 

Article 16 

Article 124 

Articles 128 and 155(3) 

Article 129 

Article 137 

Article 131 

Article 132 

Article 133 

Article 134 

Article 135 

Article 138 

Article 142 

Article 156(1) and (2) 

Article 157 

Article 158 

Article 160 

Article 158(4) 

Article 17(1) first subparagraph point (a) 

Article 160(7) 

Article  17(1)  first  subparagraph  points  (b) 
and (c) 

Article 160(6) 

Article 17(1) second subparagraph 

Article 17(2) 

Article 18 

Article 163 

Article 160(7) 

Article 162 

EN 

210 

   EN 

 
Article 19 

Article 20 

Article 21(1) 

Article 21(2) 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Article 32 

Article 163 

Articles 154 and 167 

Article 123 

Article 122 

Article 180 

Article 153 

Article 172 

Article 185 

Article 188 

– 

Article 184 

Article 183 

– 

– 

– 

29. 

REGULATION (EC) NO 1786/2003 

Regulation (EC) No 1786/2003 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 first paragraph 

Article 9 second paragraph 

Article 10(a) and (b) 

Article 10(c) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15(1) 

Article 15(2) 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20(a) 

EN 

Article 1(1)(d) 

Article 3(1)(b)(i) 

– 

Article 83(1) 

Article 85(1) 

Article 86 

Article 85(2) 

Article 84 

Article 185 

Article 83(2) 

Article 87(i) 

Article 87(b) 

Article 83(1)(a) and 87(e) 

Article 87(a) 

Article 87(g) 

Article 187 

Article 129 

Article 123 

Article 122 

Article 153 

Article 172 

Article 188 

– 

Article 87 

211 

   EN 

 
Article 20(b) 

Article 20(c) 

Article 20(d) 

Article 20(e) 

Article 20(f) 

Article 20(g) 

Article 20(h) 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 187 

Article 87(c) 

Article 87(f) 

Article 87(d) 

Article 187 

Article 87(g) 

Article 87(h) 

– 

Article 185 

Article 177(1) 

Article 183 

– 

30. 

REGULATION (EC) NO 1788/2003 

Regulation (EC) No 1788/2003 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

EN 

Articles 63 and 75(1) first subparagraph 

Article 75(1) second subparagraph 

Article 75(2) – (4) 

Article 76 

Article 62 

Article 64 

Article 65 

Article 66 

Article 67 

Article 77 

Article 78 

Article 80 

Article 81 

Article 68 

Article 69 

Article 70 

Article 71 

Article 72 

Article 73 

Article 74 

Article 79 

– 

Article 188 

Article 82 

– 

– 

212 

   EN 

 
31. 

REGULATION (EC) NO 797/2004 

Regulation (EC) No 797/2004 

This Regulation 

Article 1(1) 

Article 1(2) 

Article  1(3) 
sentence 

Article 102(1) 

Article 1(3)(b) 

first 

subparagraph, 

first 

Article 172 

Article  1(3)  first  subparagraph,  second 
sentence and second subparagraph 

Article 102(2) 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) and (3) 

Article 5 

Article 6 

Article 7 

Article 8 

Article 103 

Article 104 

Article 183 

Article 105 

Article 106 

Article 188 

Article 177(2) 

– 

32. 

REGULATION (EC) NO 865/2004 

Regulation (EC) No 865/2004 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5(1) 

Article 5(2) 

Article 5 (3) 

Article 6 

Article 7(1) 

Article 7(2) 

Article 8 

Article 9(a) 

Article 1(1)(g) 

Article 3(1)(c) 

– 

Article 113 

Article 109 

Article 187 

Article 116(f) 

Articles 28 and 30 

Article 119 

Article 118 

Article 100 

Article 121 

Article 9(b) and (c) 

Article 100(2) third subparagraph 

Article 9(d) 

Article 9(e) 

Article 10(1) first subparagraph 

Article 10(1) second subparagraph 

Article 187 

Article 121 

Article 124 

Article 125 

Article 10(2) 

Article 10(3) 

Article 10(4) 

Article 11(1) 

Article 11(2) 

Articles 126 and 127 

Article 155 

Articles 128 and 155(3) 

Article 129 

Article 179(b) 

EN 

213 

   EN 

 
Article 12(1) 

Article 12(2) 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 24 

Article 25 

Article 123 

Article 122 

Article 154 

Article 153 

Article 172 

– 

Article 185 

Article 188 

Article 184 

Article 183 

– 

– 

33. 

REGULATION (EC) NO 1947/2005 

Regulation (EC) No 1947/2005 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4(1) 

Article 4(2) 

Article 4(3) 

Article 5 

Article 6(1) 

Article 6(2) 

Article 7 

Article 8(1) 

Article 8(2) 

Article 9 

Article 10 

Article 11 

Article 12 

Article 1(1)(e) 

Article 3(1)(c) 

– 

Article 124 

Article 125 

Articles 126 and 127 

Article 129 

Article 123 

Article 122 

Article 153 

Article 172 

Article 175(2) 

Article 185 

Article 188 

Articles 128 and 155(3) 

– 

34. 

REGULATION (EC) NO 1952/2005 

Regulation (EC) No 1952/2005 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

EN 

Article 1(1)(f) 

Article 2(1) 

– 

Article 112(1) – (3) 

Article 112(4) and (5) 

Article 117 

Article 121 

214 

   EN 

 
Article 8 

Article 9 

Article 10(1) 

Article 10(2) 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 first indent 

Article 17 second indent 

Article 17 third indent  

Article 17 fourth indent 

Article 17 fifth indent 

Article 18 

Article 19 

Article 129 

Article 152 

Article 123 

Article 122 

Article 153 

Article 172 

–  

Article 178(1) – (3) 

Article 185 

Article 188 

Article 116(e) 

Article 121 

Article 121 

Article 178(4) 

Article 185 

– 

– 

35. 

REGULATION (EC) NO 318/2006 

Regulation (EC) No 318/2006 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18(1) 

Article  18(2)  first  subparagraph  and  first 
indent 

Article 1(1)(c) 

Article 3(1)(f) 

Article 2(1) 

Article 7(1)(c) 

Article 8 

Article 46 

Article 47 

Article 53 

– 

Article 55 

Article 56 

Article 57 

Article 58 

Article 59 

Article 60 

Article 61 

Article 48 

Article 54 

Articles 28(a) and 29(1),  

Articles 9(c) and 12(1) 

Article  18(2)  first  subparagraph  second  Article 40(c)(i) 

EN 

215 

   EN 

 
indent 

Article 18(2) second subparagraph 

Article 18(3) 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23(1) 

Article 23(2) 

Article 23(3) 

Article 23(4) 

Article 24 

Article 25 

Article 26(1) 

Article 26(2) 

Article 26(3) 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33(1) 

Article 33(2) 

Article 33(3) and (4) 

Article 34 

Article 35 

Article 36(1) 

Article 36(2) – (4) 

Article 37 

Article 38 

Article 39 

Article 40(1)(a) 

Article 40(1)(b) and (c) 

Article 40(1)(d) 

Article 40(1)(e) 

Article 40(1)(f) 

Article 40(1)(g) 

Article 40(2)(a) 

Article 40(2)(b) 

Article 40(2)(c) 

Article 40(2)(d) 

Article 18 

Article 23 

Article 49 

Articles 12(2), 29(2), 49(5) and 60(5) 

Article 123 

Article 122 

Articles 124 and 155 

Articles 125 and 155(2) 

Articles 126, 127 and 155(2) 

Articles 128 and 155(3) 

Article 154 

Article 153 

Article 129 

Article 179(a) and 180 

Article 136 

Article 135 

Article 138 

Article 147 

Article 148 

Article 149 

Article 156(1) and (2) 

Article 157 

Article 158 

Article 160 

Article 162 

Articles 180 and 181 

Article 172 

Article 175(3) 

Articles 179(a) and 181 

Article 185 

Article 188 

Articles 40 (b) and 46(3) second subparagraph 

Article 82 

Articles 50, 82 and 185 

Articles 137, 138(1), 139 and 142 

Article 185(2) 

Articles 163 and 180 

Article 50(a) 

Articles  7(1)(c)  second  subparagraph,  46(2)  and 
47(1) 

Article 82(d) 

Articles 40, 50(b) and (c) and 82(b) 

EN 

216 

   EN 

 
Article 40(2)(e) 

Article 40(2)(f) 

Article 40(2)(g) 

Article 41 

Article 42 

Article 43 

Article 44 

Article 45 

Articles 124 and 155 

Articles 4 second paragraph and 150 

Article 179(a) and 181 

– 

Article 184 

Article 183 

– 

– 

36. 

REGULATION (EC) NO 1184/2006 

Regulation (EC) No 1184/2006 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 168 

Article 169 

– 

37. 

REGULATION (EC) NO 1544/2006 

Regulation (EC) No 1544/2006 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 107 

Articles 108, 185 and 187 

Article 3(1)(b)(ii) 

Article 188 

Article 183 

– 

EN 

217 

   EN