Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
Date: 2007-10-22
Institutions: Council of the European Union
Subjects: agricultural product, common organisation of markets, competition law, farming sector, single market, trading operation

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 1234/2007

of 22 October 2007

establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

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

Whereas:

(1)

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

the Treaty,

(2)

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

— Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organisation of the market in
pigmeat (4),

— Council Regulation (EEC) No 2771/75 of 29 October
1975 on the common organisation of the market in
eggs (5),

— Council Regulation (EEC) No 2777/75 of 29 October
1975 on the common organisation of the market in
poultrymeat (6),

— Council Regulation (EEC) No 2075/92 of 30 June
1992 on the common organisation of the market in
raw tobacco (7),

— Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organisation of the market in
bananas (8),

— 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
foliage (2),

— 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 Treaty (3),

(1) Opinion of 24 May 2007 (not yet published in the Official Journal).
(2) 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).

— Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organisation of the market in
fruit and vegetables (9),

(4) 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).

(5) 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).

(6) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by

Regulation (EC) No 679/2006.

(7) 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).
(8) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by Regulation

(EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).

(3) 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).

(9) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Regulation (EC) No 1182/2007 (OJ L 273, 17.10.2007, p. 1).

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— Council Regulation (EC) No 2201/96 of 28 October
1996 on the common organisation of the markets in
processed fruit and vegetable products (1),

— Council Regulation (EC) No 1947/2005 of 23 Novem-
ber 2005 on the common organisation of the market
in seeds (11),

— Council Regulation (EC) No 1254/1999 of 17 May
1999 on the common organisation of the market in
beef and veal (2),

— Council Regulation (EC) No 1952/2005 of 23 Novem-
ber 2005 concerning the common organisation of the
market in hops (12),

— Council Regulation (EC) No 1255/1999 of 17 May
1999 on the common organisation of the market in
milk and milk products (3),

— Council Regulation (EC) No 318/2006 of 20 February
2006 on the common organisation of the markets in
the sugar sector (13).

— Council Regulation (EC) No 1493/1999 of 17 May
1999 on the common organisation of the market in
wine (4),

— Council Regulation (EC) No 1673/2000 of 27 July
2000 on the common organisation of the markets in
flax and hemp grown for fibre (5),

— Council Regulation (EC) No 2529/2001 of 19 Decem-
ber 2001 on the common organisation of the market
in sheepmeat and goatmeat (6),

— Council Regulation (EC) No 1784/2003 of 29 Sep-
tember 2003 on the common organisation of the
market in cereals (7),

— Council Regulation (EC) No 1785/2003 of 29 Sep-
tember 2003 on the common organisation of the
market in rice (8),

— Council Regulation (EC) No 1786/2003 of 29 Sep-
tember 2003 on the common organisation of the
market in dried fodder (9),

— Council Regulation (EC) No 865/2004 of 29 April
2004 on the common organisation of the market in
olive oil and table olives (10),

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by

Regulation (EC) No 1182/2007.

(2) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by

Regulation (EC) No 1913/2005.

(3) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).
(4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(5) 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).

(6) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by

Regulation (EC) No 1913/2005.

(7) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by

Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(8) 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).

(9) 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).

(10) OJ L 161, 30.4.2004, p. 97, corrected by OJ L 206, 9.6.2004, p. 37.

(3)

In addition, the Council has adopted three regulations with
specific rules for certain products without, however, setting
up a CMO 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 origin (14),

— Council Regulation (EC) No 797/2004 of 26 April
2004 on measures improving general conditions for
the production and marketing of apiculture pro-
ducts (15),

— Council Regulation (EC) No 1544/2006 of 5 October
2006 laying down special measures to encourage
silkworm rearing (16).

(4)

(5)

The abovementioned Regulations (hereinafter basic regula-
tions) 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
the CAP.
of simplifying the regulatory environment of
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

(11) OJ L 312, 29.11.2005, p. 3. Regulation as amended by Regulation

(EC) No 1247/2007 (OJ L 282, 26.10.2007, p. 1).

(12) OJ L 314, 30.11.2005, p. 1.
(13) OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation

(EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

(14) OJ L 97, 15.4.2003, p. 6.
(15) OJ L 125, 28.4.2004, p. 1.
(16) OJ L 286, 17.10.2006, p. 1.

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and establishing certain support schemes for farmers (1).
This approach should also be applied 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.

(6)

(7)

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

Simplification should not lead to calling into question the
policy 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 should it provide for new
instruments or measures.

(8) Against

this background,

this Regulation should not
include those parts of CMOs which are subject to policy
reforms. This is the case with regard to most parts of the
fruit and vegetables, processed fruit and vegetables and the
wine sectors. The provisions contained in the respective
Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC)
No 1493/1999 should, therefore, be incorporated into this
Regulation only to the extent that they are not themselves
subject to any policy reforms. The substantive provisions of
these CMOs
should only be incorporated once the
respective reforms have been enacted.

(9)

(10)

The CMOs for cereals, rice, sugar, dried fodder, seeds, olive
oil and table olives, flax and hemp, bananas, milk and milk
products, and silkworms provide for marketing years
mainly adapted to the biological production cycles of each
of these products. The marketing years as they have been
fixed in these sectors should, therefore, be incorporated into
this Regulation.

living for

In order to stabilise the markets and to ensure a fair
standard of
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
interdependence 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, olive oil and table 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 instru-
ments 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

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007,
p. 10).

common structure, whilst maintaining the policy pursued
in each sector. For
is appropriate to
distinguish between reference prices and intervention
prices.

that purpose it

(12) The CMOs for cereals, beef and veal and milk and milk
products contained 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 it should be made
clear that the possibility under Article 37(2) to change price
levels exists with regard to all sectors covered by this
Regulation.

(13) Moreover, the CMO for sugar provided for the possibility of
reviewing the standard qualities of sugar, as further defined
in Regulation (EC) No 318/2006,
in
particular, of commercial requirements and developments
in technical analysis. That Regulation therefore provided for
the power of
the Commission to amend the relevant
Annex. There is a particular need to maintain that
possibility in order to enable the Commission to take swift
action if necessary.

to take account,

(14) To ensure reliable information on Community market
prices for sugar, the price reporting system as provided for
in the CMO for sugar should be incorporated into this
Regulation, on the basis of which market price levels for
white sugar should be determined.

(15) 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 only during certain periods of the year
should be maintained. In respect of beef and veal products,
pigmeat and butter, the opening and closing of public
intervention should be dependent on market price levels
during a certain period. As regards maize, rice and sugar,
the limitation of the quantities up to which buying-in under
public intervention can be carried out, should be main-
tained. 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.

(16) The price level at which buying-in under public interven-
tion should be carried out 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
therefore, closely
intervention prices on the other are,
linked. For the products of the milk and milk products
sector, that price level was fixed in order to promote
consumption of the products concerned and improve 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

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falls below the reference price fixed for the following
marketing year. These policy decisions of the Council still
remain valid.

(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.

In the light of

(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.
these considerations, Council
Regulation (EEC) No 3730/87 of 10 December 1987 laying
food from
down the general rules for the supply of
intervention stocks to designated organisations for dis-
tribution to the most deprived persons in the Commu-
nity (1) has, so far, provided for the distribution of food by
charitable organisations. This important social measure,
which can be of considerable value to the most deprived
persons, should be maintained and incorporated into the
framework of this Regulation.

(19)

In order to contribute to balancing the milk market and to
stabilising market prices,
the CMO for milk and milk
products has provided for the granting of aid for private
storage in respect of cream, 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 sheepmeat
and goatmeat. Given the purpose of this Regulation, these
measures should be maintained.

(20) Council Regulation (EC) No 1183/2006 of 24 July 2006
concerning the Community scale for the classification of
carcasses of adult bovine animals (2), Council Regula-
tion (EEC) No 1186/90 of 7 May 1990 extending the
scope of the Community scale for the classification of
carcasses of adult bovine animals (3), Council Regulation
(EEC) No 3220/84 of 13 November 1984 determining the
Community scale for grading pig carcasses (4) and Council
Regulation (EEC) No 2137/92 of 23 July 1992 concerning
the Community scale for the classification of carcasses of
ovine animals and determining the Community standard
quality of fresh or chilled sheep carcasses (5) provide for
Community scales for the classification of carcasses in the
beef and veal, pigmeat and sheepmeat and goatmeat
sectors. These schemes are essential for the purposes of
price recording and for the application of the intervention
arrangements in those sectors. Moreover, they pursue the

(1) OJ L 352, 15.12.1987, p. 1. Regulation as amended by Regulation

(EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).

(2) OJ L 214, 4.8.2006, p. 1.
(3) OJ L 119, 11.5.1990, p. 32. Regulation as amended by the 1994 Act

of Accession.

(4) OJ L 301, 20.11.1984, p. 1. Regulation as last amended by

Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5).

(5) OJ L 214, 30.7.1992, p. 1. Regulation as last amended by Regulation

(EC) No 1791/2006.

objective of improving market transparency. Such carcass
classification schemes should be maintained. It is therefore
appropriate to incorporate their essential elements into this
Regulation, whilst empowering the Commission to regulate
certain issues of a rather
through
implementing rules.

technical character

(21) Restrictions to free circulation resulting from the applica-
tion of measures intended to combat the spread of animal
diseases could cause difficulties on the market in 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,
sheepmeat and goatmeat, eggs and poultrymeat 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 disease. 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 maintained 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.

(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
governing the interprofessional agreements previously
contained in the CMO for sugar should be maintained.

(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
framework
growers and sugar undertakings. Therefore,

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provisions should define only 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. More detailed terms have
previously been provided in the CMO for sugar in Annex II
to Regulation (EC) No 318/2006. Given the highly
technical character of these terms, it is more appropriate
to deal with these questions at Commission level.

(27) The production charge provided for under the CMO for
sugar to contribute to the financing of the expenditure
occurring under that CMO should be incorporated in this
Regulation.

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

(29) The CMOs

for

live plants, beef and veal, pigmeat,
sheepmeat and goatmeat, eggs and poultrymeat provided
for the possibility of adopting certain measures to facilitate
the adjustment of supply to market requirements. Such
measures may contribute to stabilising the markets and to
living for the agricultural
ensuring a fair standard of
community concerned. Given the objectives of
this
Regulation, that possibility should be maintained. Accord-
ing 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
and delimit
the measures that may be
adopted. Therefore, the adoption of additional general rules
by the Council in those sectors is not necessary and should
no longer be provided for.

the nature of

(30)

In the sugar and in the milk and milk products sectors the
quantitative
in
limitation of production as
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 sector (1) 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 remain valid.

set out

(31) Whereas the sugar quota system was provided for in the
CMO for sugar, the corresponding system in the dairy
sector has so far been regulated in a legal act separate from
the CMO for milk and milk products, namely Regulation
(EC) No 1788/2003. Given the crucial importance of these
schemes and the objectives of
is
appropriate to incorporate the relevant provisions for both
sectors in this Regulation without making any substantial
changes to the schemes and their modes of operation as
compared to the previous legal situation.

this Regulation,

it

(32) 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
aiming to ensure the attainment of public
interest
objectives.

(33) This Regulation should, therefore, also enable the Commis-
sion 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 Community (2).

(34)

In the light of the need to allow for a certain amount of
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, the
possibility for Member States to be allowed to alter the
quotas of undertakings within certain limits whilst not
restricting the operation of the restructuring fund as an
instrument should be maintained.

(35) The CMO for sugar provided that, in order to avoid that
surplus sugar distorts 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
if, for certain quantities, the
marketing year. Moreover,
applicable conditions are not met, it also provided for a levy
on the surplus in order to avoid the accumulation of these
quantities threatening the market situation. These provi-
sions should be maintained.

(36) The main purpose of the milk quota system of reducing the
imbalance between supply and demand on the respective
thereby
market and the resulting structural surpluses,
achieving a better market equilibrium, still prevails. The
application of a levy to quantities of milk collected or sold
for direct consumption above a certain guarantee threshold
should, therefore, be maintained. In line with the purpose
of this Regulation, there is, to a certain extent, a need in
particular for terminological harmonisation between the
sugar and milk-quota schemes, whilst fully preserving their
legal status quo. It therefore seems appropriate to harmonise
the terminology in the milk sector with that in the sugar
sector. The terms 'national reference quantity' and 'indivi-
dual reference quantity' in Regulation (EC) No 1788/2003
should, therefore, be replaced by the terms 'national quota'
and 'individual quota' whilst retaining the legal notion that
is being defined.

(37)

In substance, the milk quota scheme in this Regulation
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

(1) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by
L 265,

Commission Regulation (EC) No 1186/2007 (OJ
11.10.2007, p. 22).

(2) OJ L 58, 28.2.2006, p. 42. Regulation as last amended by Regulation

(EC) No 1261/2007 (OJ L 283, 27.10.2007, p. 8).

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and a national reference fat content. Farmers should be
authorised under certain conditions to temporarily transfer
their individual quota. Moreover 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, while the exceptions to the principle that quotas are
tied to farms in order to continue the restructuring of milk
production and improve the environment
should be
maintained. In line with the various types of transfer of
quotas and using objective criteria, the provisions authoris-
ing Member States to place part of the transferred quantities
in the national reserve should also be maintained.

(38) The surplus levy should be set at a dissuasive level and be
payable by the Member States as soon as the national quota
is exceeded. The Member State should then divide the
burden of payment among the producers who have
contributed to the overrun. Those producers should be
liable vis-à-vis the Member State for payment of
their
contribution to the levy due by virtue of the fact of having
overrun their available quantity. Member States should pay
to the European Agricultural Guarantee Fund (EAGF) the
levy corresponding to the overrun of their national quota,
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.

(39) Council Regulation (EC) No 1290/2005 of 21 June 2005
on the financing of the common agricultural policy (1)
qualifies the proceeds flowing from the application of the
additional
levy in the dairy sector as 'assigned revenue'
which has to be paid to the Community budget and, in the
event of reuse, has 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
intervention to stabilise
agricultural markets and are to be applied to financing
expenditure in the milk sector, has therefore become
obsolete and should not be incorporated in this Regulation.

considered as

(40) Various CMOs have provided for different kinds of aid

schemes.

(41) The CMOs for dried fodder and for flax and hemp provided
for processing aids for these sectors as a means to govern
the internal market in respect of the sectors concerned.
These provisions should be maintained.

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. These
provisions should be maintained.

(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 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.
These provisions should be maintained.

(44) Community finance, consisting of the percentage of direct
aid that Member States are allowed to withhold 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
to be
table olives provided for Community support
allocated in accordance with the priorities given to the
activities undertaken within the work programmes in
question. These provisions should be maintained.

(45) A Community tobacco fund financed by certain deductions
from aid schemes in that sector was established under
Regulation (EEC) No 2075/92 with a view to carrying out
various measures in respect of that sector. The year 2007 is
the last in which deductions from the aid scheme provided
for in Chapter 10c of Title IV of Regulation (EC) No 1782/
2003 would 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, 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.

(42)

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 should 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

(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation

(EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1).

(46) Beekeeping, being a sector of agriculture, is characterised by
the 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

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transhumance, management of

in the Community,
marketing of apiculture products
national programmes should be drawn up every three
years, comprising technical assistance, control of varroasis,
rationalisation 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 apiculture products.
Those national programmes should be partly financed by
the Community.

(47) 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.

(48) As the policy considerations which led to the introduction
of the abovementioned aid schemes for beekeeping and
silkworm rearing still persist, these aid schemes should be
incorporated in the framework of this Regulation.

(49) The application of

for

standards

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,
olive oil and table olives, live plants, eggs and poultrymeat,
marketing standards were put in place which relate,
in
particular, to quality, grading, weight, sizing, packaging,
wrapping,
transport, presentation, origin and
labelling. It is appropriate to maintain that approach under
this Regulation.

storage,

ensuring 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
products (1) 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 milk (2) 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 fats (3) sets out 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.

(52) Concerning the eggs and poultrymeat sectors, provisions
exist in relation to marketing standards and,
in certain
cases, to production. These provisions are contained in
Council Regulation (EC) No 1028/2006 of 19 June 2006
on marketing standards for eggs (4), Council Regulation
(EEC) No 1906/90 of 26 June 1990 on certain marketing
standards for poultrymeat (5) and Council Regulation (EEC)
No 2782/75 of 29 October 1975 on the production and
marketing of eggs for hatching and of farmyard poultry
chicks (6). The essential rules contained in those Regulations
should be incorporated into this Regulation.

(50) Under the CMOs for olive oil and table olives and for
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 is appropriate to extend this
approach to the live plants sectors 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 products
presented to consumers and the important disturbances
on the markets such abuses may entail.

the quality and authenticity of

(51) Several legal instruments have been put in place to regulate
the marketing and designation of milk, milk products and
fats. They pursue the objective of improving the position of
milk and milk products on the market on the one hand and

the

(53) Regulation (EC) No 1028/2006 provides that marketing
standards for eggs should, in principle, apply to all eggs of
hens of
species Gallus gallus, marketed in the
Community and, as a general rule, also to those intended
for export to third countries. It also draws a distinction
between eggs suitable and eggs not suitable for direct
human consumption by the creation of two quality classes
of eggs and lays down provision to ensure appropriate
information to the consumer as regards quality and weight
grades and the identification of the farming method used.
Finally, that Regulation provides for special rules in respect
of eggs imported from third countries according to which
special provisions in force in certain third countries may

(1) OJ L 182, 3.7.1987, p. 36. Regulation as last amended by the 1994

Act of Accession.

(2) OJ L 351, 23.12.1997, p. 13. Regulation as last amended by
Regulation (EC) No 1153/2007 (OJ L 258, 4.10.2007, p. 6).

(3) OJ L 316, 9.12.1994, p. 2.
(4) OJ L 186, 7.7.2006, p. 1.
(5) OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation

(EC) No 1029/2006 (OJ L 186, 7.7.2006, p. 6).

(6) OJ L 282, 1.11.1975, p. 100. Regulation as last amended by

Regulation (EC) No 1791/2006.

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justify derogations from the marketing standards if their
equivalence to Community legislation is guaranteed.

(54) As regards poultrymeat, Regulation (EEC) No 1906/90
determines that marketing standards should, in principle,
apply to certain types of poultrymeat suitable for human
consumption marketed in the Community and that
poultrymeat intended for export to third countries should,
however, be excluded from the application of the marketing
standards. That Regulation provides for the grading of
poultrymeat in two categories according to conformation
and appearance and the conditions under which the meat is
to be offered for sale.

(55) According to those Regulations, Member States should be
able to exempt from the application of those marketing
standards eggs and poultrymeat, respectively, sold through
certain forms of direct sale from the producer to the final
consumer where small quantities are involved.

(56) Regulation (EC) No 2782/75 establishes special

rules
concerning the marketing and transport of eggs
for
hatching and of farmyard poultry chicks as well as for
the incubation of eggs for hatching. That Regulation
provides, in particular, for the individual marking of eggs
for hatching used for chick production, for the way of
packing and the kind of packing material for transport.
it excludes small sized pedigree breeding and
However,
other breeding establishments
compulsory
application of the standards laid down therein.

from the

(57)

In line with the objectives of the present Regulation, those
rules should be maintained without touching upon their
substance. However, further provisions contained in those
Regulations which are of technical character should be dealt
with in implementing rules
to be adopted by the
Commission.

(58) As it has been the case so far under the CMO for hops, a
quality policy should be followed throughout the Commu-
nity by implementing provisions concerning certification
the
together with rules prohibiting, as a general rule,
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.

(59) The descriptions and definitions of olive oil and the
denomination are an essential element of the market order
with respect to setting quality standards and providing
consumers with adequate information on the product and
should be maintained in this Regulation.

(60) 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, contained in Regulation (EC) No 1255/1999, for
the processing of skimmed milk into casein and caseinates.
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 cheese (1) provided for 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 should be
incorporated into this Regulation.

(61) The processing of certain agricultural raw materials into
ethyl alcohol is closely linked with the economy of those
raw materials. This can contribute considerably to enhan-
cing 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
It also
permits the disposal of products of unsatisfactory quality
that may cause temporary
and short-term surpluses
problems in certain sectors.

the raw materials concerned.

(62)

the

In the hops, olive oil and table olives, tobacco and silkworm
sectors
legislation focuses on various kinds of
organisations in order to achieve policy aims in particular
with a view to 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 are based on organisa-
tions 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.

subject

its members

(63) 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
to certain
to be extended,
for
conditions, to all non-member producers and groups in
one or more regions. The same should also apply in respect
of other activities of inter-branch organisations which are of
general economic or technical
interest for the tobacco
sector so as to 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
the agreements and concerted
regards
practices adopted by such organisations.

(64)

In certain sectors apart from those for which current rules
provide for the recognition of producer or interbranch
organisations, Member States may wish to recognise such
kinds of organisations based on national law as far as this is
compatible with Community law. This possibility should
therefore be clarified. Moreover, rules should be adopted
stating that the recognition of producer and interbranch
organisations in accordance with the current Regulations
remains valid after the adoption of this Regulation.

(1) OJ L 201, 31.7.1990, p. 7. Regulation as amended by Regulation

(EC) No 2583/2001 (OJ L 345, 29.12.2001, p. 6).

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the Community. That

(65) A single Community market involves a trading system at
the external borders of
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.

countries to export cane sugar to the Community under
favourable conditions. The CMO for sugar provided for the
evaluation of the refiners' need for sugar for refining and,
under certain conditions, the reservation of import licences
to specialised users of significant quantities of imported raw
cane sugar, which are considered to be full-time refiners in
the Community. These provisions should be maintained.

(66) Monitoring the volume in trade in agricultural products
with third countries in the CMOs for the cereals, rice, sugar,
seeds, olive oil and table olives, flax and hemp, beef and
veal, milk and milk products, pigmeat, sheepmeat and
goatmeat, eggs, poultrymeat,
live plants and agricultural
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
provide for licence requirements.

(67) Monitoring trade flows is foremost a matter of manage-
ment 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.

(68) 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 deroga-
tions.

(69)

(70)

In order to prevent or counteract adverse effects on the
Community market which could result from imports of
imports of such products
certain agricultural 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 import
tariff quotas
resulting from international agreements
concluded in accordance with the Treaty or from other
acts of the Council.

(71) Council Regulation (EEC) No 2729/75 of 29 October 1975
on the import levies on mixtures of cereals, rice and broken
rice (1) aims to ensure the proper working of the duty
system for imports of mixtures of cereals, rice and broken
rice. These rules should be included in this Regulation.

(72) The Community has concluded several preferential market
access arrangements with third countries which allow those

(1) 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).

(73)

In order to prevent illicit crops from disturbing the CMO
for hemp for fibre, the respective Regulation provided for
checks on imports of hemp and hemp seed to ensure that
such products offer certain guarantees with regard to the
imports of
tetrahydrocannabinol content.
hemp seed intended for uses other than sowing were
subject to a control system which makes provision for the
authorisation of the importers concerned. These provisions
should be maintained.

In addition,

(74) A quality policy is being followed throughout

the
Community as regards products of the hops sector. In the
case of imported products, the provisions ensuring that
only products complying with equivalent minimum quality
characteristics are imported should be incorporated in this
Regulation.

(75) 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.

(76) To ensure the proper functioning of the CMOs and,

in
particular, avoid market disturbance,
the CMOs for a
number of products traditionally provided for the possibi-
inward and outward
lity of prohibiting the use of
processing arrangements. This possibility should be main-
tained. Moreover, experience shows that where markets are
disturbed or threatened to be disturbed by the use of these
arrangements, action needs to be taken without major
delays. The Commission should therefore be entrusted with
the relevant powers. It is thus appropriate to enable the
Commission to suspend the use of inward and outward
processing arrangements in such situations.

(77) Provisions

to third
for granting refunds on exports
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 products
falling within this Regulation. Subsidised exports should be
subject to limits in terms of value and quantity.

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(78) 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 on the
amount applicable to the destination fixed in advance.

(79) 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 a derogation from strict
compliance with management rules where exports benefit-
ing from export refunds are not
likely to exceed the
quantity laid down.

(80)

In the case of the export of live bovine animals, provision
should be made whereby 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.

(81) Agricultural products may in certain cases benefit from
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 the correct application of such a system. To that end
the products should be accompanied by a certificate issued
in the Community.

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 products (1). In line
with the objective of creating one comprehensive set of
market policy rules it is appropriate to incorporate the
provisions concerned in this Regulation.

(84) 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 the attainment of the objectives of
the CAP.

(85) A special approach 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
such joint action excludes
competition or jeopardises the attainment of the objectives
of Article 33 of the Treaty.

facilities, unless

joint

(86)

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 the 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.

(87) The proper working of

the provisions of

the single market based on
common prices would be jeopardised by the granting of
national aid. Therefore,
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.

(82) 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.

(88) Since their accession, Finland and Sweden may, due to the
specific economic situation of the production and market-
ing of reindeer and reindeer products, grant aids in that
regard. Moreover, Finland may, subject to authorisation by
the Commission, grant aid respectively for certain quan-
tities 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.

(83)

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) of the Treaty
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

(89)

In Member States with a significant reduction of sugar
face particularly severe
quota, sugar beet growers will
adaptation problems.
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.

In such cases

the

(1) OJ L 214, 4.8.2006, p. 7.

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Therefore, Member States having reduced their quota by
more than 50 % of the sugar quota fixed on 20 February
2006 in Annex III to Regulation (EC) No 318/2006 should
be authorised to grant State aid to sugar beet growers
during the period of application of
the transitional
Community aid. To ensure that Member States do not
grant State aid exceeding the needs of their sugar beet
growers, the determination of the total amount of the State
aid concerned should continue to be made subject to
Commission approval, except in the case of Italy where the
maximum need for the most productive sugar beet growers
to adapt to the market conditions after the reform has been
estimated at EUR 11 per tonne of sugar beet produced.
Moreover, due to the particular problems expected to arise
in Italy, the provision for arrangements allowing sugar beet
growers to benefit directly or indirectly from the State aid
granted should be maintained.

(90)

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

(91) 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.
is also necessary to provide for the
submission of a report by the Commission on the
functioning of that derogation, at the end of that period,
accompanied by any appropriate proposals.

It

(92)

If a Member State wishes to support, on its territory,
measures promoting the consumption of milk and milk
products in the Community, provision should be made for
the possibility of financing such measures by a promotional
levy on milk producers at national level.

(93)

In order to take account of possible developments in dried
fodder production, the Commission should, before 30 Sep-
tember 2008, on the basis of an evaluation of the CMO for
dried fodder, present a report to the Council on that sector.
The report
if necessary, 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.

should be accompanied,

(94) 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
the registration of all supply contracts
be made for
regarding hops produced within the Community.

(95)

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 in the internal market prices or as
regards quotations or prices on the world market.

(96)

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.

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

(98) The Commission should be authorised to adopt

the
necessary measures to solve specific practical problems in
case of emergency.

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

the Member States

(100) 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, should be withdrawn, in
cases where it is found that the conditions for obtaining
any of
those advantages have been created artificially,
contrary to the objectives of this Regulation.

(101) To guarantee compliance with the obligations laid down by
this Regulation,
there is a need for controls and the
application of administrative measures and administrative
penalties in case of non-compliance. Power should, there-
fore, be conferred on the Commission to adopt
the
corresponding rules,
including those concerning the
recovery of undue payments and the reporting obligations
of the Member States resulting from the application of this
Regulation.

(102) The measures necessary for the implementation of this
rule, be adopted in
Regulation should, as a general
accordance with Council Decision 1999/468/EC of 28 June
1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1).
this
However,
Regulation which relate to Commission powers, require
swift action or are of a purely administrative nature, the
Commission should be empowered to act on its own.

in respect of certain measures under

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

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(103) Due to the incorporation into this Regulation of certain
elements of
fruit and vegetables and
processed fruit and vegetable products and wine, certain
amendments should be made to these CMOs.

the CMOs for

— Council Regulation (EEC) No 1898/87 of 2 July 1987
on the protection of designations used in marketing
milk and milk products,

(104) 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. The scope of that Regulation should
be amended so that its provisions only apply to products
listed in Annex I to the Treaty that are not covered by this
Regulation.

(105) This Regulation incorporates the provisions contained in
the basic 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 provisions of the following
Regulations:

— Council Regulation (EEC) No 3730/87 of 10 Decem-
ber 1987 laying down the general rules for the supply
of
to designated
organisations for distribution to the most deprived
persons in the Community,

food from intervention stocks

— 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 amounts (5),

— Council Regulation (EEC) No 1186/90 of 7 May 1990
extending the scope of the Community scale for the
classification of carcasses of adult bovine animals,

— Council Regulation (EEC) No 2729/75 of 29 October
1975 on the import levies on mixtures of cereals, rice
and broken rice,

— Council Regulation (EEC) No 1906/90 of 26 June
1990 on certain marketing standards for poultry-
meat,

— Council Regulation (EEC) No 2763/75 of 29 October
1975 laying down general rules for granting private
storage aid for pigmeat (1),

— 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 cheese,

— Council Regulation (EEC) No 2782/75 of 29 October
1975 on the production and marketing of eggs for
hatching and of farmyard poultry chicks,

— Council Regulation (EEC) No 707/76 of 25 March
1976 on the recognition of producer groups of
silkworm rearers (2),

— Council Regulation (EEC) No 1055/77 of 17 May
1977 on the storage and movement of products
bought in by an intervention agency (3),

— Council Regulation (EEC) No 2931/79 of 20 Decem-
ber 1979 on the granting of assistance for
the
exportation of agricultural products which may
benefit from a special import treatment in a third
country (4),

— Council Regulation (EEC) No 2077/92 of 30 June
1992 concerning inter-branch organisations and
agreements in the tobacco sector (6),

— Council Regulation (EEC) No 2137/92 of 23 July
the
1992 concerning the Community scale for
classification of carcasses of ovine animals and
determining the Community standard quality of fresh
or chilled sheep carcasses,

— Council Regulation (EC) No 2991/94 of 5 December
1994 laying down standards for spreadable fats,

— 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 milk,

— Council Regulation (EEC) No 3220/84 of 13 Novem-
ber 1984 determining the Community scale for
grading pig carcasses,

— Council Regulation (EC) No 2250/1999 of 22 Octo-
ber 1999 concerning the tariff quota for butter of
New Zealand origin (7),

(1) OJ L 282, 1.11.1975, p. 19.
(2) OJ L 84, 31.3.1976, p. 1.
(3) OJ L 128, 24.5.1977, p. 1.
(4) OJ L 334, 28.12.1979, p. 8.

(5) 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).

(6) OJ L 215, 30.7.1992, p. 80.
(7) OJ L 275, 26.10.1999, p. 4.

16.11.2007

EN

Official Journal of the European Union

L 299/13

— Council Regulation (EC) No 1788/2003 of 29 Sep-
tember 2003 establishing a levy in the milk and milk
products sector,

(110) The following acts of the Council have become redundant

and should be repealed:

— Council Regulation (EC) No 1028/2006 of 19 June

2006 on marketing standards for eggs,

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

(106) These Regulations should therefore be repealed.

In the
interests of legal certainty and given the number of acts to
be repealed by this Regulation and the number of acts
adopted pursuant
is
appropriate to clarify that repeal does not affect the validity
of any legal acts adopted on the basis of the repealed act or
of any amendments to other legal acts made thereby.

to or amended by those acts,

it

(107) This Regulation should, as a general rule, start to apply on
1 January 2008. However, in order to ensure that the new
provisions of this Regulation do not interfere with the
ongoing 2007/2008 marketing year, a later date of
application should be provided for in respect of those
sectors for which marketing years are foreseen. This
Regulation should therefore only apply as of the start of
the 2008/2009 marketing year for the sectors concerned.
As a consequence, the respective regulations governing
those sectors should continue to apply until the end of the
corresponding marketing year 2007/2008.

— Council Regulation (EEC) No 315/68 of 12 March
1968 fixing quality standards for flowering bulbs,
corms and tubers (1),

— Council Regulation (EEC) No 316/68 of 12 March
1968 fixing quality standards for fresh cut flowers
and fresh ornamental foliage (2),

— Council Regulation (EEC) No 2517/69 of 9 December
1969 laying down certain measures for reorganising
Community fruit production (3),

— 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 manufacture (4),

— 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
carcasses of adult bovine animals (5),

— Council Regulation (EEC) No 4088/87 of 21 Decem-
ber 1987 fixing conditions for the application of
preferential customs duties on imports of certain
flowers originating in Cyprus, Israel and Jordan (6),

— Council Decision 74/583/EEC of 20 November 1974

on the monitoring of sugar movements (7).

(108) Moreover, in respect of certain other sectors for which no
marketing years are foreseen, a later date of application
should also be provided for in order to ensure the smooth
transition from the existing CMOs to this Regulation. As a
consequence, the regulations governing the existing CMOs
for those sectors should continue to apply until the later
date of application provided for in this Regulation.

(111) The transition from the arrangements provided for in the
provisions and Regulations repealed 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,

(109) As regards Regulation (EC) No 386/90, the competence for
the adoption of the substance dealt with by that Regulation
is being transferred to the Commission by this Regulation.
Moreover, Regulations (EEC) No 3220/84, (EEC) No 1186/
90, (EEC) No 2137/92 and (EC) No 1183/2006 are being
repealed by this Regulation whilst only certain provisions
those Regulations are being incorporated into this
of
Regulation. Further details contained in those Regulations
will therefore have to be dealt with in implementing rules
yet to be adopted by the Commission. Some more time
should be allowed for the Commission to establish the
respective rules. The mentioned Regulations should there-
fore continue to apply until 31 December 2008.

HAS ADOPTED THIS REGULATION:

(1) OJ L 71, 21.3.1968, p. 1. Regulation as last amended by Regulation

(EEC) No 4112/88 (OJ L 361, 29.12.1988, p. 7).

(2) OJ L 71, 21.3.1968, p. 8. Regulation as last amended by Regulation

(EEC) No 309/79 (OJ L 42, 17.2.1979, p. 21).

(3) 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).

(4) OJ L 281, 1.11.1975, p. 17.
(5) OJ L 140, 5.6.1980 p. 4.
(6) 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).

(7) OJ L 317, 27.11.1974, p. 21.

L 299/14

EN

Official Journal of the European Union

16.11.2007

TABLE OF CONTENTS

PART I

INTRODUCTORY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II

INTERNAL MARKET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

21

TITLE I

MARKET INTERVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

CHAPTER I

Public intervention and private storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

G e n e r a l p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

P u b l i c i n t e r v e n t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

G e n e r a l p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I O p e n i n g a n d s u s p e n s i o n o f b u y i n g - i n . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I I

I n t e r v e n t i o n p r i c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

21

22

22

23

24

S u b s e c t i o n I V D i s p o s a l

f r o m i n t e r v e n t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

S e c t i o n I I I P r i v a t e s t o r a g e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

M a n d a t o r y a i d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I O p t i o n a l a i d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I V C o m m o n p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II Special intervention measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

E x c e p t i o n a l m a r k e t s u p p o r t m e a s u r e s . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I M e a s u r e s i n t h e c e r e a l s a n d r i c e s e c t o r s . . . . . . . . . . . . . . . . . .

S e c t i o n I I I M e a s u r e s i n t h e s u g a r s e c t o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I V A d j u s t m e n t o f s u p p l y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III Systems of production limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

G e n e r a l p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

S u g a r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

Q u o t a a l l o c a t i o n a n d m a n a g e m e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

25

26

27

29

29

30

30

31

32

32

32

32

S u b s e c t i o n I I Q u o t a o v e r r u n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

S e c t i o n I I I M i l k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

G e n e r a l p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I Q u o t a a l l o c a t i o n a n d m a n a g e m e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I I Q u o t a o v e r r u n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

34

35

38

16.11.2007

EN

Official Journal of the European Union

L 299/15

S e c t i o n I V P r o c e d u r a l p r o v i s i o n s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER IV Aid schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

A i d f o r p r o c e s s i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

D r i e d f o d d e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I I

F l a x g r o w n f o r f i b r e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

P r o d u c t i o n r e f u n d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I I A i d s i n t h e m i l k a n d m i l k p r o d u c t s s e c t o r . . . . . . . . . . . . . .

S e c t i o n I V A i d s i n t h e o l i v e o i l a n d t a b l e o l i v e s s e c t o r . . . . . . . . . . . .

S e c t i o n V

C o m m u n i t y To b a c c o F u n d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n V I

S p e c i a l p r o v i s i o n s f o r t h e a p i c u l t u r e s e c t o r . . . . . . . . . . . .

S e c t i o n V I I A i d s i n t h e s i l k w o r m s e c t o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE II

RULES CONCERNING MARKETING AND PRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER I Marketing standards and conditions for the production . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

M a r k e t i n g s t a n d a r d s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

C o n d i t i o n s f o r p r o d u c t i o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I I P r o c e d u r a l r u l e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II Producer organisations, interbranch organisations, operator organisations . . . . .

S e c t i o n I

G e n e r a l p r i n c i p l e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

R u l e s c o n c e r n i n g i n t e r b r a n c h o r g a n i s a t i o n s
i n t h e
t o b a c c o s e c t o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I I P r o c e d u r a l r u l e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER I General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II

Imports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

I m p o r t l i c e n c e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

I m p o r t d u t i e s a n d l e v i e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I I

I m p o r t q u o t a m a n a g e m e n t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I V S p e c i a l p r o v i s i o n s f o r c e r t a i n p r o d u c t s . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I

S p e c i a l
t h e
c e r e a l s a n d r i c e s e c t o r s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

p r o v i s i o n s

i m p o r t s

r e s p e c t

f o r

o f

i n

S u b s e c t i o n I I

P r e f e r e n t i a l

i m p o r t a r r a n g e m e n t s f o r s u g a r . . . . . . . . . . . . . . .

39

40

40

40

41

42

42

43

44

44

45

45

45

45

46

47

48

48

49

49

50

50

50

50

51

52

53

53

54

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16.11.2007

S u b s e c t i o n I I I S p e c i a l p r o v i s i o n s f o r i m p o r t s o f h e m p . . . . . . . . . . . . . . . . . . . .

S u b s e c t i o n I V S p e c i a l p r o v i s i o n s f o r i m p o r t s o f h o p s . . . . . . . . . . . . . . . . . . . . .

S e c t i o n V

S a f e g u a r d a n d i n w a r d p r o c e s s i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER III Exports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I

E x p o r t l i c e n c e s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I

E x p o r t r e f u n d s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I I I E x p o r t q u o t a m a n a g e m e n t

i n t h e m i l k a n d m i l k
p r o d u c t s s e c t o r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n I V S p e c i a l

i m o r t t r e a t m e n t b y t h i r d c o u n t r i e s . . . . . . . . . . . . .

S e c t i o n V

S p e c i a l p r o v i s i o n s f o r l i v e p l a n t s . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

S e c t i o n V I O u t w a r d p r o c e s s i n g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER I Rules applying to undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II State aid rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

PART VI GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

CHAPTER

Implementing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER II Transitional and final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX I

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part I:

Cereals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II:

Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III:

Sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV:

Dried fodder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V:

Seeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI:

Hops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII: Olive oil and table olives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIII:

Flax and hemp grown for fibre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IX:

Fruit and vegetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part X:

Processed fruit and vegetable products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XI:

Bananas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55

55

55

56

56

56

59

59

59

60

60

60

61

62

64

64

64

65

67

67

69

69

70

70

71

71

72

72

73

75

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Part XII: Wine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XIII:

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

75

76

Part XIV: Raw tobacco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

Part XV:

Beef and teal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XVI: Milk and milk products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XVII: Pigmeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XVIII: Sheepmeat and goatmeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XIX:

Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XX:

Poultrymeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part XXI: Other products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part I:

Ethyl alcohol of agricultural origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II:

Apiculture products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III:

Silkworms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III

DEFINITIONS REFERRED TO IN ARTICLE 2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76

76

77

78

78

78

79

87

87

87

87

88

Part I:

Definitions concerning the rice sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

88

Part II:

Definitions concerning the sugar sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III:

Definitions concerning the hops sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV:

Definitions concerning the beef and veal sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V:

Definitions concerning the milk and milk products sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI:

Definitions concerning the eggs sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VII: Definitions concerning the poultrymeat sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIII: Definitions concerning the apiculture sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IV

STANDARD QUALITY OF RICE AND SUGAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A. Standard quality for paddy rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Standard qualities for sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX V

COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN
ARTICLE 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A. Community scale for the classification of carcasses of adult bovine animals . . . . . . . . . . . . . . . . . . . . . . . .

B. Community scale for the classification of pig carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C. Community scale for the classification of sheep carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

89

90

90

91

91

91

91

93

93

93

95

95

96

97

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ANNEX VI

NATIONAL AND REGIONAL QUOTAS REFERRED TO IN ARTICLES 56 AND 59 . . . . .

ANNEX VII

SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN ARTICLE 58(2) . . . .

ANNEX VIII

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN
ACCORDANCE WITH ARTICLE 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IX

NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES REFERRED TO
IN ARTICLE 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99

99

100

102

ANNEX X

REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

103

ANNEX XI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

A. Apportionment of the maximum guaranteed quantity among the Member States referred to in
Article 94(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Apportionment of the maximum guaranteed quantity among the Member States referred to in
Article 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XII

DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS
REFERRED TO IN ARTICLE 114(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XIII

MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN ARTICLE 114
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX XIV MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POULTRYMEAT
SECTORS REFERRED TO IN ARTICLE 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104

104

105

107

109

A. Marketing standards for eggs of hens of the Gallus gallus species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109

B. Marketing standards for poultrymeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110

C. Standards for the production and marketing of eggs for hatching and of farmyard poultry chicks

111

ANNEX XV

MARKETING STANDARDS APPLYING TO SPREADABLE FATS REFERRED TO IN
ARTICLE 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

112

Appendix to Annex XV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

114

ANNEX XVI

DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS
REFERRED TO IN ARTICLE 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

115

ANNEX XVII

IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND 139 . . . . . . . . . . . . . . .

116

ANNEX XVIII VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138 . . . . . . . . . . . . . . . . . . . . . . . .

117

ANNEX XIX

STATES REFERRED TO IN ARTICLES 153(3) AND 154(1)(b) AND IN POINT 12 OF
PART II OF ANNEX III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

118

ANNEX XX

LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGG SECTORS FOR THE
PURPOSE OF ARTICLE 26(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS
REFERRED TO IN SECTION II OF CHAPTER III OF PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

Part I:

Cereals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

119

Part II:

Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122

Part III:

Sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123

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Part IV:

Milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125

Part V:

Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127

ANNEX XXI

LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE
GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF
PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128

ANNEX XXII

CORRELATION TABLES REFERRED TO IN ARTICLE 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

129

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PART I

INTRODUCTORY PROVISIONS

Article 1

Scope

the
3. This Regulation establishes
following sectors as listed and, as the case may be, as further
defined in Annex II:

specific measures

for

1. This Regulation establishes a common organisation of the
markets for the products of the following sectors, as provided
further in Annex I:

(a)

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

(a)

cereals, Part I of Annex I;

(b)

rice, Part II of Annex I;

(c)

sugar, Part III of Annex I;

(d)

dried fodder, Part IV of Annex I;

(e)

seeds, Part V of Annex I;

(f)

hops, Part VI of Annex I;

(g)

olive oil and table olives, Part VII of Annex I;

(h)

flax and hemp, Part VIII of Annex I;

(i)

(j)

fruit and vegetables, Part IX of Annex I;

processed fruit and vegetables, Part X of Annex I;

(k)

bananas, Part XI of Annex I;

(l) wine, Part XII of Annex I;

(b)

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

(c)

silkworms, Part III of Annex II.

Article 2

Definitions

1.
For the purposes of application of this Regulation, the
definitions concerning certain sectors as set out in Annex III shall
apply.

2.

For the purposes of this Regulation:

(a)

(b)

‘farmer’ shall mean a farmer as defined in 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;

(c)

‘intervention price’ shall mean the price at which products
shall be bought into public intervention.

(m)

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

(n)

raw tobacco, Part XIV of Annex I;

(o)

beef and veal, Part XV of Annex I;

Article 3

Marketing years

The following marketing years shall be established:

(p) milk and milk products, Part XVI of Annex I;

(a)

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

(q)

pigmeat, Part XVII of Annex I;

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

(r)

sheepmeat and goatmeat, Part XVIII of Annex I;

(s)

eggs, Part XIX of Annex I;

(i)

the dried fodder sector;

(ii)

the silkworm sector;

(t)

poultrymeat, Part XX of Annex I;

(c)

1 July to 30 June of the following year for:

(u)

other products, Part XXI of Annex I.

(i)

the cereals sector;

In respect of the fruit and vegetables, the processed fruit and
this

2.
vegetables, and the wine sectors, only Article 195 of
Regulation shall apply.

(ii)

the seeds sector;

(iii)

the olive oil and table olives sector;

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(iv)

the flax and hemp sector;

(v)

the milk and milk products sector;

(d) 1 September to 31 August of the following year for the rice

sector;

(e)

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

Article 4

Commission powers

Article 5

Implementing rules

The Commission may adopt the detailed rules for the application
of Article 2.

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.

Save as otherwise provided for by this Regulation, where powers
are conferred upon the Commission, it shall act in accordance
with the procedure referred to in Article 195(2).

The Commission may also fix the conversion rates for rice at
various stages of processing, the processing costs and the value
of by-products.

PART II

INTERNAL MARKET

TITLE I

MARKET INTERVENTION

CHAPTER I

Public intervention and private storage

S e c t i o n I

G e n e r a l p r o v i s i o n s

(c)

‘skimmed milk’ shall mean skimmed milk obtained directly
and exclusively from cow's milk produced in the Commu-
nity;

Article 6

Scope

(d)

‘cream’ shall mean cream obtained directly and exclusively
from milk.

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

Article 7

Community origin

(a)

cereals;

(b)

rice;

(c)

sugar;

(d)

olive oil and table olives;

(e)

beef and veal;

(f) milk and milk products;

(g)

pigmeat;

(h)

sheepmeat and goatmeat.

Without prejudice to Article 6(2) only products originating in
the Community shall be eligible for buying-in under public
intervention or for the granting of aid for the private storage
thereof.

Article 8

Reference prices

For products subject to the intervention measures referred to

1.
in Article 6(1) the following reference prices shall be fixed:

(a)

as regards the cereals-sector:

2.

For the purposes of this Chapter:

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

(a)

‘cereals’ shall mean cereals harvested in the Community;

— November: by EUR 0,46/tonne,

(b)

‘milk’ shall mean cow's milk produced in the Community;

— December: by EUR 0,92/tonne,

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Official Journal of the European Union

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— 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.

2. The reference prices for cereals and rice set out in points (a)
and (b) of paragraph 1 respectively, shall relate to the wholesale
stage for goods delivered to the warehouse, before unloading.
Those reference prices
shall be valid for all Community
intervention centres designated in accordance with Article 41.

3. 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.

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

Article 9

Price reporting in the sugar market

(b)

as regards paddy rice, EUR 150/tonne for standard quality
as defined in point A of Annex IV;

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.

(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 laid down in points (i) and (ii) shall
apply to unpacked sugar, ex factory of standard quality as
defined in point B of Annex IV;

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
does not permit
individual
undertakings or operators.

the identification of prices of

S e c t i o n I I

P u b l i c i n t e r v e n t i o n

S u b s e c t i o n I

G e n e r a l p r o v i s i o n s

Article 10

(d)

as regards the beef and veal sector, EUR 2 224/tonne for
carcasses of male bovine animals of grade R3 as laid down
in the Community scale for the classification of carcasses of
adult bovine animals provided for in Article 42(1)(a);

(e)

as regards the milk and milk products sector:

Products eligible for public intervention

1.
Public intervention shall be applicable in respect of the
following products subject to the conditions laid down in this
Section and further
to be
requirements
determined by the Commission in accordance with Article 43:

and conditions

(i)

EUR 246,39 per 100 kg for butter;

(a)

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

(ii)

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

(b)

paddy rice;

(f)

as regards the pigmeat sector, EUR 1 509,39/tonne for pig
carcasses of standard quality defined in terms of weight and
lean meat content in accordance with the Community scale
for the classification of pig carcasses, provided for in
Article 42(1)(b) as follows:

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

(i)

(ii)

carcasses weighing from 60 to less than 120 kg: grade
E as laid down in point B II of Annex V;

(d)

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;

carcasses weighing from 120 to 180 kg: grade R as
laid down in point B II of Annex V.

(e)

butter produced directly and exclusively from pasteurised
cream in an approved undertaking of the Community of a

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minimum butterfat content, by weight, of 82 % and a
maximum water content, by weight, of 16 %;

Sugar stored in accordance with paragraph 1 during a
2.
marketing year may not be subject to any other storage measures
provided for in Articles 32, 52 or 63.

(f)

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

Public intervention may be applied in the pigmeat sector,
2.
subject to the conditions laid down in this Section and further
requirements and conditions to be determined by the Commis-
sion in accordance with Article 43, in respect of carcasses or
half-carcasses,
falling within CN code
chilled,
0203 11 10, bellies (streaky), fresh or chilled, falling within CN
code ex 0203 19 15, and unrendered pig fat, fresh or chilled,
falling within CN code ex 0209 00 11.

fresh or

S u b s e c t i o n I I

O p e n i n g a n d s u s p e n s i o n o f b u y i n g - i n

Article 11

Cereals

1.

For cereals, 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.

However, buying into public intervention of maize shall only be
carried out within the following limits:

(a)

700 000 tonnes for the marketing year 2008/2009;

(b) 0 tonnes as from the marketing year 2009/2010.

2.
In the event of the intervention period in Sweden leading to
the diversion of such cereals from other Member States into
intervention in Sweden, the Commission shall adopt measures to
rectify the position.

Article 12

Rice

Article 14

Beef and veal

1. The Commission, without the assistance of the Committee
referred to in Article 195(1), 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 for
the classification of carcasses provided for in Article 42(1) falls
short of EUR 1 560/tonne.

2. The Commission, without the assistance of the Committee
referred to in Article 195(1), shall close the public intervention if,
for a period of at least one week, the condition provided for in
paragraph 1 is no longer met.

Article 15

Butter

1. The Commission, without the assistance of the Committee
referred to in Article 195(1), shall open public intervention for
butter in the Member State or Member States concerned during
the period 1 March to 31 August if, over a representative period,
market prices for butter in one or more Member States, are less
than 92 % of the reference price.

2. Once the market prices of butter in the Member State or
Member States concerned, over a representative period, are 92 %
or more of the reference price, the Commission, without the
assistance of the Committee referred to in Article 195(1), shall
suspend buying-in by public intervention.

Moreover, where the quantities offered for intervention during
the period laid down in paragraph 1 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.

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 limit of
75 000 tonnes per period.

Article 16

Skimmed milk powder

Article 13

Sugar

1.
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.

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.

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Article 17

Pigmeat

2. 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.

The Commission may decide to open public intervention in the
pigmeat sector when the average Community market price for
pig carcasses 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.

S u b s e c t i o n I I I

I n t e r v e n t i o n P r i c e

Article 18

Cereals

The intervention price for cereals shall be equal to the reference
price without prejudice to price increases or reductions for
quality reasons.

Article 19

Rice

The intervention price for rice shall be equal to the reference
price.

However, if the quality of the products offered to the paying
agency differs from the standard quality, defined in point A of
Annex IV, the intervention price shall be increased or reduced
accordingly.

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

Article 20

Sugar

The intervention price for sugar shall be 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 defined in point B of Annex IV
for which the reference price is fixed, the intervention price shall
be increased or reduced accordingly.

Article 21

Beef and veal

1. The intervention prices for beef and veal and the quantities
accepted for intervention shall be determined by the Commis-
sion 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.

Article 22

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 15(2), the intervention price for
butter shall be 90 % of the reference price.

Article 23

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 16,
the intervention price for
skimmed milk powder shall be equal to the reference price.

However, if the actual protein content is less than the minimum
protein content of 35,6 % by weight
(f) of
Article 10 but not less than 31,4 % by weight 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 % by weight.

fixed in point

Article 24

Pigmeat

1. The intervention price in the pigmeat sector shall be fixed by
the Commission for pig carcasses of standard quality. The
intervention price may not be more than 92 % or less than 78 %
of the reference price.

For products of standard quality other than pig carcasses, the
2.
intervention price shall be derived from the intervention price
for pig carcasses on the basis of the ratio existing between the
commercial value of these products to the commercial value of
pig carcasses.

3.
the
For products other than those of standard quality,
intervention price shall be derived from those in force for the
relevant standard qualities, by reference to differences in quality
in relation to the standard quality. This price shall apply to
defined qualities.

S u b s e c t i o n I V

D i s p o s a l

f r o m i n t e r v e n t i o n

Article 25

General principles

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

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purchasers and in compliance with the commitments resulting
from agreements concluded in accordance with Article 300 of
the Treaty.

costs provided for in the Community budget
purpose, or

for that

Article 26

Sugar disposal

As regards sugar bought-in under public intervention, paying
agencies may sell it 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 that paying agencies:

(a) may sell the sugar at a price equal to or lower than the
reference price referred to in the first paragraph 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 XX 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
recognised any such
where a Member State has not
organisation — at a price which is lower than the current
reference price or free of charge for distribution as part of
individual emergency aid operations.

Article 27

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 is in no case 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:

(a)

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,
and provided that the costs remain within the limits of the

(b)

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.

3. 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.

4. The 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.

5. Without prejudice to Article 190,
the products made
available under 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 organisa-
tions 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.

S e c t i o n I I I

P r i v a t e s t o r a g e

S u b s e c t i o n I

M a n d a t o r y a i d

Article 28

Eligible products

Aid for private storage shall be granted for the following
products subject to the conditions set out in this Section and to
further requirements and conditions to be adopted by the
Commission in accordance with Article 43:

(a)

in respect of:

(i)

cream,

(ii)

(iii)

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 %,

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,

(e)

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

(ii)

Parmigiano Reggiano cheese at least 15 months old,

(f)

pigmeat;

(iii) Provolone cheese at least three months old.

(g)

sheepmeat and goatmeat.

Article 29

Conditions and aid-level for cream and butter

The Commission shall determine which national quality grades
for butter qualify for aid. The butter shall be marked accordingly.

The amount of aid for cream and butter 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 30

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 in which those cheeses
qualify to bear the designation of origin shall implement the
to the first
measures taken by the Commission pursuant
paragraph.

S u b s e c t i o n I I

O p t i o n a l A i d

Article 31

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 to further requirements and conditions to be
adopted by the Commission in accordance with Article 43:

(a) white sugar;

(b)

olive oil;

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

2. The Commission shall
provided for
tendering procedures.

fix the aid for private storage
in paragraph 1 in advance or by means of

In respect of the products laid down in points (d) and (e) of
paragraph 1, the aid shall be fixed in the light of storage costs
and, respectively:

(i)

the likely trend in prices for skimmed milk powder;

(ii)

the balance to be maintained between cheeses for which aid
is granted and other cheeses coming on the market.

Article 32

Conditions of granting for white sugar

1.
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 paragraph 1 during a
2.
marketing year may not be subject to any other storage measures
provided for in Articles 13, 52 or 63.

Article 33

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:

(c)

(d)

fresh or chilled meat of adult bovine animals presented in
the form of carcasses, half-carcasses, compensated quarters,
forequarters or hindquarters, classified in accordance with
the Community scale for the classification of carcasses of
adult bovine animals provided for in Article 42(1);

(a)

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

(b)

EUR 1 710/tonne for virgin olive oil, or

skimmed milk powder of
approved undertaking of
exclusively from skimmed milk;

top quality, obtained in an
the Community directly and

(c)

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.

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Article 34

(c)

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

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 for the classification of carcasses of
adult bovine animals provided for in Article 42(1) is, and is likely
to remain, at
the
Commission may decide to grant aid for private storage.

less than 103 % of

the reference price,

Article 35

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 36

Conditions of granting for cheese

If price developments and the stock situation for the cheese
1.
products referred to in point (e) of Article 31(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.

2.
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 37

Conditions of granting for pigmeat

When the average Community market price for pig carcasses 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.

S e c t i o n I V

C o m m o n p r o v i s i o n s

Article 39

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
from 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.

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

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

5. 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

Article 38

(b)

transferred from one paying agency to another.

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
the following
sheepmeat and goatmeat
quotation areas:

in one or more of

(a) Great Britain;

(b) Northern Ireland;

6. Any paying agency acting in accordance with paragraphs 1,
2 and 3 shall remain responsible for products stored outside the
territory of the Member State within whose jurisdiction it falls.

7.
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.

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Article 40

Rules for tendering procedures

Article 43

Implementing rules

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.

Article 41

Intervention centres

1. The Commission shall designate the intervention centres in
the cereals and rice sectors and determine the conditions
applying thereto.

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

2. 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 42

Carcass classification

1. Community scales for the classification of carcasses shall
apply in accordance with the rules laid down in Annex V in the
following sectors:

(a)

beef and veal as regards carcasses of adult bovine animals;

(b)

pigmeat as regards carcasses of pigs other than those which
have been used for breeding.

In the sheepmeat and goatmeat sector Member States may apply
a Community scale for the classification of carcasses as regards
sheep carcasses in accordance with the rules laid down in point C
of Annex V.

2. On-the-spot inspections in relation to the classification of
carcasses of adult bovine animals and sheep shall be carried out
on behalf of
the Community by a Community inspection
committee composed of experts from the Commission and
experts appointed by the Member States. This Committee shall
report back to the Commission and the Member States on the
inspections carried out.

The Community shall bear
inspections carried out.

the costs

resulting from the

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

(a)

the requirements and conditions to be met by, and, in the
case of pigmeat, the list of products to be bought-into
public intervention as referred to in Article 10 or for which
aid for private storage is granted as referred to in Articles 28
and 31, in particular with respect to quality, quality groups,
quality grades, categories, quantities, packaging including
labelling, maximum ages, preservation, the stage of the
products to which the intervention price relates,
the
duration of private storage;

(b)

amendments to Part B of Annex IV;

(c) where applicable, the scale of applicable price increases and

reductions;

(d)

the procedures and conditions for taking over into public
intervention 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 adoption of the list of representative markets referred to
in Articles 17 and 37;

the rules as regards the conditions for disposal of products
in particular as
bought-in under public intervention,
regards selling prices,
the conditions for release from
storage, where appropriate, the subsequent use or destina-
tion 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
cle 27(1);

the annual plan referred to in Arti-

the condition of mobilisation on the Community market
referred to in Article 27(2);

the rules concerning the authorisations referred to in
Article 39 including, as far as strictly necessary, derogations
from the rules on trade;

(e)

(f)

(g)

(h)

(i)

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(j)

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

(k)

the rules concerning the designation of intervention centres
referred to in Article 41;

(l)

the conditions to be met by the stores where products may
be stored;

(m)

the Community scales for the classification of carcasses
provided for in Article 42(1), in particular as regards:

(i)

definitions;

(ii)

carcass presentations
the purpose of price
for
reporting in respect of the classification of carcasses
of adult bovine animals;

(iii)

in respect of the measures to be taken by slaughter-
houses as provided for in point III of point A of
Annex V:

— any derogations referred to in Article 5 of
slaughterhouses
88/409/EEC for
Directive
wishing to restrict their production to the local
market,

— any derogations which may be granted to
Member States which so request for slaughter-
houses
are
slaughtered;

in which few bovine

animals

(iv)

authorising the Member States not
to apply the
grading scale for the classification of pig carcasses and
to use assessment criteria in addition to weight and
estimated lean-meat content;

(v)

rules concerning the reporting of prices of certain
products by the Member States.

CHAPTER II

Special intervention measures

S e c t i o n I

Article 45

E x c e p t i o n a l m a r k e t s u p p o r t m e a s u r e s

Loss in consumer confidence

Article 44

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)

sheepmeat and goatmeat;

(e)

eggs;

(f)

poultrymeat.

With regard to the poultrymeat and eggs sectors, the Commis-
sion may adopt exceptional market support measures in order to
take account of serious market disturbances directly 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 46

Financing

1.
For exceptional measures referred to in Articles 44 and 45,
the Community shall provide part-financing equivalent to 50 %
of the expenditure borne by Member States.

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

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

2. 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.

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.

3. Articles 87, 88 and 89 of the Treaty shall not apply to
Member States' financial contributions towards the exceptional
measures referred to in Articles 44 and 45.

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S e c t i o n I I

M e a s u r e s i n t h e c e r e a l s a n d r i c e s e c t o r s

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

Article 47

Special market measures in the cereals sector

1. Where the market situation so dictates, the Commission
may take special intervention measures in respect of the cereals
sector. Such intervention measures may in particular be taken if,
in one or more regions of the Community, market prices fall, or
threaten to fall, in relation to the intervention price.

2. The nature and application of
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.

the special

Article 48

Special market measures in the rice sector

1. The Commission may take special measures to:

For

the quantities of sugar beet corresponding to the
4.
quantities of industrial sugar or surplus sugar that are subject to
the surplus levy provided for in Article 64, the sugar undertaking
concerned shall adjust the purchase price so that it is at least
equal to the minimum price for quota beet.

Article 50

Interprofessional agreements

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

2. 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.

(a)

prevent large-scale application of public intervention, as
provided for in Section II of Chapter I of this Part, in the
rice sector in certain regions of the Community;

3.
In delivery contracts, a distinction shall be made according
to whether the quantities of sugar to be manufactured from sugar
beet will be:

(b) make up for paddy rice shortages

following natural

disasters.

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

(a)

quota sugar;

(b)

out-of-quota sugar.

S e c t i o n I I I

M e a s u r e s i n t h e s u g a r s e c t o r

Article 49

Minimum beet price

Each sugar undertaking shall provide the Member State in

4.
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.

1. The minimum price for quota beet shall be:

Member States may require additional information.

(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.

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

2. The minimum price referred to in paragraph 1 shall apply to
sugar beet of the standard quality defined in Part B of Annex IV.

3.
Sugar undertakings buying quota beet suitable for proces-
sing 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.

6.
Subject to the approval of the Member State concerned,
agreements within the trade may derogate from paragraphs 3
and 4.

7.
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.

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Article 51

Production charge

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:

1. A production charge shall be levied on the sugar quota, the
isoglucose quota and the inulin syrup quota held by under-
takings producing sugar, isoglucose or inulin syrup as referred to
in Article 56(2).

2. 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.

(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
the
Community resulting from agreements concluded in
accordance with Article 300 of the Treaty.

respecting commitments of

3. 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.

4.
the
If sugar supply in the Community is inadequate,
Commission may decide that a certain quantity of withdrawn
isoglucose and inulin syrup may be sold on the
sugar,
Community market before the end of the period of withdrawal.

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

5.
Sugar stored in accordance with this Article during a
marketing year may not be subject to any other storage measures
provided for in Articles 13, 32 or 63.

4. 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 53

Implementing rules

Article 52

Withdrawal of sugar

The Commission may adopt
implementation of this Section and, in particular:

the detailed rules

for

the

In order to preserve the structural balance of the market at a
1.
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.

(a)

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 50(4);

(b)

the percentage of withdrawn quota sugar referred to in
Article 52(1);

In that case, the traditional supply need for refining imported
raw sugar provided for in Article 153 shall be reduced by the
same percentage for the marketing year concerned.

(c)

the conditions for the payment of the minimum price
where
is being sold on the
the withdrawn sugar
Community market under Article 52(4).

2. 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.

3.
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.

The sugar quantities withdrawn during a marketing year shall be
treated as the first quantities produced under quota for the

S e c t i o n I V

A d j u s t m e n t o f s u p p l y

Article 54

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

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following measures in respect of the live plants, beef and veal,
pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors:

(c) measures to facilitate the recording of market price trends;

(a) measures to improve quality;

(b) measures to promote better organisation of production,

processing and marketing;

(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

S e c t i o n I

G e n e r a l p r o v i s i o n s

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.

Article 55

Quota systems

3.
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.

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 65;

(b)

sugar, isoglucose and inulin syrup.

Article 57

Approved undertakings

If a producer exceeds the relevant quota and, with regard to
2.
sugar, does not make use of the surplus quantities as provided for
in Article 61, a surplus levy shall be payable on such quantities
subject to the conditions set out in Sections II and III.

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 62(2) provided that
the undertaking:

3. This Regulation shall apply without prejudice to the
application of Council Regulation (EC) No 1868/94 establishing
a quota system in relation to the production of potato starch (1).

(a)

proves its professional production capacities;

S e c t i o n I I

S u g a r

S u b s e c t i o n I

(b)

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

(c)

is not subject to suspension or withdrawal of the approval.

Q u o t a a l l o c a t i o n a n d m a n a g e m e n t

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:

Article 56

Quota allocation

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

2. 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 57.

(a)

(b)

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;

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

(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation

(EC) No 671/2007 (OJ L 156, 16.6.2007, p. 1).

(c)

quantities of white sugar sold and corresponding prices and
conditions.

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Article 58

Additional and supplementary isoglucose quota

1.
In the marketing year 2008/2009 an additional isoglucose
quota of 100 000 tonnes shall be added to the quota of the
preceding marketing year. This increase shall not concern
Bulgaria and Romania.

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

3. 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.

In the marketing year 2008/2009 an additional isoglucose quota
of 11 045 tonnes for Bulgaria and of 1 966 tonnes for Romania
shall be added to the quota of the preceding marketing year.

Member States shall allocate the additional quotas to under-
takings, proportionately to the isoglucose quotas that have been
allocated in accordance with Article 56(2).

2.
Italy, Lithuania and Sweden may allocate, upon request by
any undertaking established on their respective territories, a
supplementary isoglucose quota in the marketing years 2008/
2009 and 2009/2010. The maximum supplementary quotas are
fixed per Member State in Annex VII.

3. 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 59

Quota management

1. The Commission shall adjust the quotas set out in Annex VI
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
from the
adjustments
application of paragraph 2 of this Article and Article 58 of
this Regulation and of Article 3 of Regulation (EC) No 320/
2006.

result

shall

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

Article 60

National quota reallocation

1. 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.

S u b s e c t i o n I I

Q u o t a O v e r r u n

Article 61

Scope

isoglucose or

The sugar,
inulin syrup produced during a
marketing year in excess of the quota referred to in Article 56
may be:

(a)

used for the processing of certain products as referred to in
Article 62;

(b)

carried forward to the quota production of
marketing year, in accordance with Article 63;

the next

(c)

(d)

used for the specific supply regime for the outermost
regions, in accordance with Title II of Council Regulation
(EC) No 247/2006 (1); 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 64.

Article 62

Industrial sugar

Industrial sugar,

1.
inulin
syrup shall be reserved for the production of one of the products
referred to in paragraph 2 when:

isoglucose or industrial

industrial

(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 57; and

(b)

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

(1) OJ L 42, 14.2.2006, p. 1.

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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.

Article 64

Surplus levy

The list shall in particular include:

(a)

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

(b)

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

(c)

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

the chemical or pharmaceutical

Article 63

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
that
year's production. Without prejudice to paragraph 3,
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 that 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.

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

1. A surplus levy shall be levied on quantities of:

(a)

(b)

(c)

surplus sugar, surplus isoglucose and surplus inulin syrup
produced during any marketing year, except for quantities
carried forward to the quota production of the following
marketing year and stored in accordance with Article 63 or
quantities referred to in points (c) and (d) of Article 61;

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
into one of the products referred to in Article 62(2);

sugar,
isoglucose and inulin syrup withdrawn from the
market in accordance with Article 52 and for which the
obligations provided for in Article 52(3) are not met.

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

3. The surplus levy referred to in 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.

S e c t i o n I I I

M i l k

S u b s e c t i o n I

G e n e r a l p r o v i s i o n s

Article 65

Definitions

For the purposes of this Section:

(a)

(b)

(c)

‘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;

‘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;

5.
Sugar stored in accordance with this Article during a
marketing year may not be subject to any other storage measures
provided for in Articles 13, 32 or 52.

(d)

‘holding’ means a holding as defined in Article 2 of
Regulation (EC) No 1782/2003;

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(e)

‘purchaser’ means undertakings or groups which buy milk
from producers:

referred to as ‘twelve-month periods’) are fixed in point 1 of
Annex IX.

— to subject it to collecting, packing, storing, chilling or

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 surplus 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 marketed milk or other milk
products is excluded from the quota arrangements;

(f)

(g)

(h)

‘marketing’ means deliveries of milk or direct sales of milk
or other milk products;

(i)

(j)

(k)

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

‘national quota’ means the quota referred to in Article 66,
fixed for each Member State;

‘available quota’ means the quota available to producers on
31 March of the twelve-month period for which the surplus
levy is calculated, 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.

2. The quotas referred to in paragraph 1 shall be divided
between producers in accordance with Article 67, 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.

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

4.
For Bulgaria and Romania a special restructuring reserve
shall be established as set out in point 2 of Annex IX. 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
sales quota shall be taken by the
deliveries and direct
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.

5.
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 67

Individual quotas

1. The producers' individual quota or quotas at 1 April 2008
shall be
reference quantity or
quantities at 31 March 2008 without prejudice to transfers,
sales and conversions of quota that take effect on 1 April 2008.

individual

to their

equal

S u b s e c t i o n I I

Q u o t a a l l o c a t i o n a n d m a n a g e m e n t

Article 66

National quotas

2.
Producers may have either one or two individual quotas, one
for deliveries and the other for direct sales. A producer's
quantities may be converted from one quota to the other only by
the competent authority of
the duly
justified request of the producer.

the Member State, at

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

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

4. The part of the Finnish national quota allocated to the
deliveries referred to in Article 66 may be increased by the
Commission to compensate Finnish SLOM producers up to

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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
5.
each of the twelve-month periods concerned, so that, for each
Member State, the sum of the individual quotas for the deliveries
and that for the direct sales does not exceed the corresponding
part of the national quota adapted in accordance with Article 69,
taking account of any reductions made for allocation to the
national reserve as provided for in Article 71.

Article 68

Allocation of quotas from the national reserve

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 71 on the basis of objective criteria to be
notified to the Commission.

Article 69

Management of quotas

1. 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 direct sales.

2. 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 192(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 70

Fat content

1.
Each producer shall be assigned a reference fat content, to be
applied to the individual quota for deliveries allocated to that
producer.

2.
For the quotas allocated to producers on 31 March 2008 in
accordance with Article 67(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.

3. The reference fat content shall be altered during the
conversion referred to in Article 67(2) and where quotas are
acquired, transferred or temporarily transferred in accordance
with rules to be established by the Commission.

For new producers having an individual quota for deliveries
4.
allocated entirely from the national reserve, the fat content shall

be fixed in accordance with rules to be established by the
Commission.

fat

content

reference

individual

5. The
referred to in
paragraph 1 shall be adjusted, where appropriate, upon the
entry into force of
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 X.

this Regulation and thereafter, at

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

Article 71

National reserve

1.
Each Member State shall set up a national reserve as part of
the national quotas fixed in Annex IX, in particular with a view
to making the allocations provided for in Article 68. The
national
reserve shall be replenished, as appropriate, by
withdrawing some quantities as provided for in Article 72,
retaining part of transfers as provided for in Article 76, 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.

2. 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 72

Cases of inactivity

1. When a natural or legal person holding individual quotas no
longer meets the conditions referred to in point (c) of Article 65
during a twelve-month period, the corresponding quantities shall
revert to the national reserve no later than 1 April of the
following calendar year, unless that person becomes once again a
producer within the meaning of point (c) of Article 65 before
that date.

Where that person becomes once again a producer not later than
the end of the second twelve-month period following with-
drawal, all or part of the individual quota which had been
withdrawn shall revert to that person no later than 1 April
following the date of application.

2. 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.

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

the parties, and in particular, that producers giving up such land
are in a position to continue milk production if they so wish.

Paragraphs 1 and 2 shall not apply in cases of force majeure
3.
and in duly justified cases temporarily affecting the production
capacity of the producers concerned and recognised by the
competent authority.

Article 73

Temporary transfers

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

for

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 Arti-
cle 72(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 74

Transfers of quotas together with land

1.
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.

2. 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 attributed solely to producers, that the quota shall not
be transferred with the holding.

3. 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

4. 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.

Article 75

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)

(b)

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;

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)

(e)

(f)

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

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

transfer of

authorise, upon application by a producer to the competent
the
authority or a body designated by that authority,
definitive transfer of quotas without
the
transfer of
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.

Paragraph 1 may be implemented at national level, at the

2.
appropriate territorial level or in specified collection areas.

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Article 76

Retention of quotas

1.
In the case of transfers as referred to in Articles 74 and 75
Member States may, on the basis of objective criteria, retain part
of the individual quotas for their national reserve.

2. Where quotas have been or are transferred in accordance
with Articles 74 and 75 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 attributed
solely to producers, whether and under which conditions all or
part of the transferred quota shall revert to the national reserve.

Article 79

Contribution of producers to the surplus levy due

The surplus levy shall be entirely allocated, in accordance with
Articles 80 and 83, among the producers who have contributed
to each of the overruns of the national quotas referred to in
Article 66(2).

Without prejudice to Articles 80(3) and 83(1), producers shall be
liable vis-à-vis
their
contribution to the surplus levy due, calculated in accordance
with Articles 69, 70 and 80, for the mere fact of having overrun
their available quotas.

the Member State

for payment of

Article 77

Aid for the acquisition of quotas

Article 80

Surplus levy on deliveries

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.

S u b s e c t i o n I I I

Q u o t a o v e r r u n

Article 78

Surplus levy

In order to draw up the definitive surplus levy statement, the
1.
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.

2. 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
In such cases, each downward adjustment shall be
latter.
proportionately reduced so as to bring the sum of adjusted
deliveries into line with the deliveries actually made.

1. 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.

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.

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

2. 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 99 % of the amount
due to the EAGF.

to the unpaid surplus

3.
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
levy from the monthly
equivalent
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. Article 14 of Council
Regulation (EC) No 2040/2000 (1) shall not apply.

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

(1) OJ L 244, 29.9.2000, p. 27.

3.
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 81

Role of purchasers

1.
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

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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.

Article 84

Amounts paid in excess or unpaid

2. 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. This
paragraph shall also apply where a producer transfers from one
purchaser to another.

3. 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 may make specific arrange-
ments to enable purchasers to deduct
this advance where
producers deliver to several purchasers.

Article 82

Approval

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

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

Article 83

Surplus levy on direct sales

In the case of direct sales, each producer's contribution to
1.
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.

2. 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.

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

1. 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 in
point (a) of Article 75(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
the
Commission, or

laid down by

— 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.

2. 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.

3. Where a purchaser does not meet the obligation to collect
the producers' contribution to the surplus levy in accordance
with Article 81, the Member State may collect unpaid amounts
directly from the producer, without prejudice to any penalties it
may impose upon the defaulting purchaser.

4. 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.

S e c t i o n I V

P r o c e d u r a l p r o v i s i o n s

Article 85

Implementing rules

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

(a)

(b)

supplementary information to be submitted by approved
undertakings referred to in Article 57 as well as the criteria
for administrative penalties, suspensions and withdrawal of
approval of the undertakings;

the establishment and the communications of the amounts
referred to in Article 58 and the surplus levy referred to in
Article 64;

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

(c)

derogations from the dates laid down in Article 63.

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CHAPTER IV

Aid schemes

S e c t i o n I

A i d f o r p r o c e s s i n g

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

S u b s e c t i o n I

D r i e d f o d d e r

Article 86

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:

(a)

(b)

(c)

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
include a clause containing an obligation for the
shall
the aid
processing undertakings to pay the producer
received for the quantity processed under the contract;

undertakings which have processed their own crop or, in
the case of a group, that of its members;

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)

(b)

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

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

(i)

(ii)

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

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.

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

3. 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 88(2).

4. Where the advance exceeds the total to which the processing
undertaking is entitled following the application of Article 88(2),
the processor shall reimburse the excess to the competent
authority of the Member State on request.

Article 88

Aid rate

1. The aid provided for
EUR 33/tonne.

in Article 86 shall be set at

2. 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 89, 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 87

Advance payment

Article 89

Guaranteed quantity

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.

A maximum guaranteed quantity per marketing year of
4 960 723 tonnes of dehydrated and/or sun-dried fodder for

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which the aid provided for in Article 86 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 XI.

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.

Article 90

Implementing rules

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

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

The Commission shall adopt
implementation of this Subsection which may,
include rules concerning:

the detailed rules

the
for
in particular,

declarations
applying for aid;

to be submitted by undertakings when

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 87(1);

the conditions and criteria to be fulfilled by the under-
takings referred to in Article 86 and, in the case where
undertakings obtain their supplies from natural or legal
persons, rules concerning the guarantees to be provided by
those persons;

For the purposes of this Subsection,

2.
‘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 its facilities for producing flax fibre are located.

Article 92

Aid rate

1. The amount of processing aid provided for in Article 91
shall be fixed at EUR 200 per tonne of long flax fibre.

2. 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 91.

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

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 94.

the criteria for determining the requirements laid down in
Article 86(2);

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

the application of the maximum guaranteed quantity laid
down in Article 89;

further requirements to those laid down in Article 86, in
particular as regards carotene and fibre content.

S u b s e c t i o n I I

F l a x g r o w n f o r f i b r e

Article 91

Eligibility

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

Article 93

Advance payment

At the request of authorised primary processors, an advance shall
be paid on the aid referred to in Article 91 on the basis of the
quantity of fibre obtained.

Article 94

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

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.

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Article 95

Implementing rules

The Commission shall adopt
implementation of this Subsection which may,
include rules concerning:

the detailed rules

for
the
in particular,

(a)

(b)

the conditions for authorisation of primary processors
referred to in Article 91;

the conditions to be met by approved primary processors
as regards the contracts of sale and commitments referred
to in Article 91(1);

(c)

the requirements to be complied with by farmers in the case
referred to in the second subparagraph of Article 91(1);

(d)

the criteria to be met by long flax fibre;

(e)

(f)

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

the conditions to be met for fixing the limits referred to in
Article 92(2).

S e c t i o n I I

P r o d u c t i o n r e f u n d

Article 96

Production refund for starch

1. A production refund may be granted:

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;

(a)

(b)

world price for the manufacturing of the products referred to in
Article 62(2)(b) and (c).

2. 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 98

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, as regards the production refund
for sugar provided for in Article 97, the eligible quantities.

S e c t i o n I I I

A i d s i n t h e m i l k a n d m i l k p r o d u c t s s e c t o r

Article 99

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

1. 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.

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

in the absence of 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:

(a)

(b)

the reference price fixed in point (e)(ii) of Article 8(1) for
skimmed-milk powder;

development of the supply situation as regards skimmed
milk and skimmed-milk powder, and developments in the
use thereof as feed;

(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.

(c)

trends in calf prices;

(d)

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

Article 97

Production refund in the sugar sector

1. 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

Article 100

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
to be determined by the
or caseinates produced from it
Commission.

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

S e c t i o n I V

A i d s i n t h e o l i v e o i l a n d t a b l e o l i v e s s e c t o r

(a)

(b)

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;

the market prices
Community and world markets.

for casein and caseinates on the

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 101

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)

by non-profit making institutions and organisations;

(b)

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

(c)

by manufacturers of pastry products and ice-cream;

(d)

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

(e)

for the direct consumption of concentrated butter.

Article 102

Article 103

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 125 in one or more of the following areas:

(a)

(b)

(c)

(d)

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

the improvement of the environmental
cultivation;

impacts of olive

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

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 adminis-
trations;

(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 pro-
grammes 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:

Aid for the supply of milk products to pupils

(a)

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

1. 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.

2. By way of derogation from Article 180, 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.

In the case of whole milk, the Community aid shall be

3.
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.

(b) 100 % for fixed assets investments and 75 % for 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 the 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 the work programmes by the Member States and
the types of activities eligible under such programmes.

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.

3. Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 194,
Member States shall verify that the conditions for granting
Community funding are met. To that end, they shall carry out an

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

S e c t i o n V

C o m m u n i t y To b a c c o F u n d

Article 104

Tobacco Fund

1. A Community Tobacco Fund (hereinafter referred to as the
Fund) shall be set up to finance measures in the following areas:

(a)

(b)

tobacco consumption,

improving public awareness of the harmful effects of all
through
forms of
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;

in particular

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 for 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
in
financing of any kind of measures provided for
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.

may draw up a national programme for a period of three years
(hereinafter referred to as the ‘apiculture programme’).

2. By way of derogation from Article 180, Articles 87, 88 and
89 of the Treaty shall not apply:

(a)

(b)

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

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

for

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 109.

Article 106

Measures eligible for aid

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

(a)

technical assistance to beekeepers and groupings of
beekeepers;

(b)

control of varroasis;

(c)

rationalisation of transhumance;

(d) measures to support laboratories carrying out analyses of

the physico-chemical properties of honey;

(e) measures

to support

the restocking of hives

in the

Community;

(f)

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 1698/2005 (1) shall be excluded from the
apiculture programme.

S e c t i o n V I

S p e c i a l p r o v i s i o n s f o r t h e a p i c u l t u r e s e c t o r

Article 107

Article 105

Scope

Study of the production and marketing structure in the
beekeeping sector

To be eligible for the part-financing provided for in Article 108
(1), Member States shall carry out a study of the production and
marketing structure in the beekeeping sector in their territory.

the
1. With a view to improving general conditions for
production and marketing of apiculture products, Member States

(1) OJ L 277, 21.10.2005, p. 1.

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Article 108

Financing

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

S e c t i o n V I I

A i d s i n t h e s i l k w o r m s e c t o r

Article 111

Aid to be granted to silkworm rearers

2.
the
Expenditure relating to the measures taken under
apiculture programmes shall be made by the Member States by
15 October each year.

1. Aid shall be granted for silkworms falling within CN-code
ex 0106 90 00 and for silkworm eggs falling within CN-code
ex 0511 99 85 reared within the Community.

Article 109

Consultation

shall be drawn up in close
The apiculture programme
collaboration with the representative organisations and beekeep-
ing cooperatives. It shall be submitted to the Commission for
approval.

Article 110

Implementing rules

The Commission shall establish the detailed rules for
application of this Section.

the

2. The aid shall be granted to silkworm rearers for each box of
silkworm eggs used, on condition 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 112

Implementing rules

Detailed rules for the application of this Section shall be adopted
by the Commission which shall cover,
the
minimum quantity of eggs referred to in Article 111(2).

in particular,

TITLE II

RULES CONCERNING MARKETING AND PRODUCTION

CHAPTER I

Marketing standards and conditions for the production

S e c t i o n I

M a r k e t i n g s t a n d a r d s

Article 113

Marketing standards

(iii)

the interest of consumers to receive adequate and
transparent product information;

(iv)

as concerns the olive oils referred to in point (a) of
Part VII of Annex I, changes in the methods used for
determining their physical, chemical and organoleptic
characteristics;

1.
Provision may be made by the Commission for marketing
standards for one or more of the products of the following
sectors:

(a)

olive oil and table olives in respect of the products referred
to in point (a) of Part VII of Annex I;

(b)

bananas;

(c)

live plants.

2. The standards referred to in paragraph 1:

(a)

shall be established taking into account, in particular:

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

storage,

packaging, wrapping,
origin and labelling.

Save as otherwise provided for by the Commission in
3.
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.

(i)

the specificities of the products concerned;

(ii)

the need to ensure the conditions for a smooth
disposal of those products on the market;

Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 194,
Member States shall check whether those products conform to
those standards and shall apply penalties as appropriate.

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Article 114

products is not lower than that of the hops from which they have
been prepared.

Marketing standards for milk and milk products

Foodstuffs

1.
intended for human consumption may be
marketed as milk and milk products only if they comply with
the definitions and designations laid down in Annex XII.

2. Without prejudice to exemptions provided for in Commu-
nity law and 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
Annex XIII and, in particular, with the definitions set out in point
I thereof.

Article 115

Marketing standards for fats

Without prejudice to Article 114(1) or to 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 XV shall
apply to the following products having a fat content of at least
10 % but
intended for human
consumption:

less than 90 % by weight,

(a) milk fats falling within CN codes 0405 and ex 2106;

(b)

fats falling within CN code ex 1517;

(c)

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

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

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

Article 116

Marketing standards for products of the eggs and
poultrymeat sectors

Products of the eggs and poultrymeat sectors shall be marketed
in accordance with the provisions set out in Annex XIV.

3. The certificates shall indicate at least:

(a)

the place(s) of production of the hops;

(b)

the year(s) of harvesting;

(c)

the variety or 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
the
attestation provided for in Article 158(2) shall be deemed to be
equivalent to the certificate.

imported products of

the hops sector,

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)

(b)

not prejudice the normal marketing of products for which
the certificate has been issued;

be accompanied by guarantees intended to avoid any
confusion with those products.

Article 118

Marketing standards for olive oils and olive-pomace oils

1. The use of the descriptions and definitions of olive oils and
olive-pomace oils set out in Annex XVI shall be compulsory as
regards the marketing of the products concerned within the
insofar as compatible with international
Community and,
compulsory rules, in trade with third countries.

2. Only oils referred to in points 1(a) and (b), 3 and 6 of
Annex XVI may be marketed at the retail stage.

Article 117

Certification for hops

S e c t i o n I I

C o n d i t i o n s f o r p r o d u c t i o n

Products of the hops sector, harvested or prepared within

1.
the Community, shall be subject to a certification procedure.

Article 119

2. 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

Use of casein and caseinates in the manufacture of cheese

The use of casein and caseinates 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.

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Article 120

(ii)

the frequency of collection, delivery, preservation and
handling of eggs;

Method of production of agricultural ethyl alcohol

The method of production and the characteristics of agricultural
ethyl alcohol obtained from a specific agricultural product listed
in Annex I to the Treaty may be laid down by the Commission.

S e c t i o n I I I

P r o c e d u r a l r u l e s

Article 121

(iii) quality criteria,

in particular the appearance of the
shell, the consistency of the white and the yolk and
the height of the air space;

(iv) weight grading, including exceptions;

(v) marking of eggs and indications on packs, including
exceptions and including the rules to be applied in
relation to packing centres;

(vi)

trade with third countries;

Adoption of standards, implementing rules and derogations

(vii)

farming methods;

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

the

(e)

as regards the provisions concerning the marketing of
poultrymeat set out in Part B of Annex XIV:

(a) marketing standards referred to in Article 113 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;

(b)

as regards the definitions and designations that may be used
in the marketing of milk and milk products in accordance
with Article 114(1):

(i)

drawing up and, where necessary, supplementing the
list of
referred to in the second
subparagraph of point III(1) of Annex XII, on the
basis of the lists sent to it by the Member States;

the products

(ii) making additions, where necessary,
designations given in point
subparagraph of point II(2) of Annex XII;

(a) of

to the list of
the second

(c)

as regards the standards for spreadable fats referred to in
Article 115:

(i)

(ii)

a list of the products referred to in point (a) of the
third subparagraph of point I(2) of Annex XV, on the
basis of the lists sent to the Commission by the
Member States;

the methods of analysis needed to check the
composition and manufacturing characteristics of
the products referred to in Article 115;

(iii) detailed rules for the taking of samples;

(i)

definitions;

(ii)

the list of poultry carcasses, parts of such carcasses
including foie gras, to which Part B of
and offals,
Annex XIV shall apply;

(iii)

the criteria for classification within the meaning of
point III(1) of Part B of Annex XIV;

(iv)

the rules concerning further indications to be shown
on accompanying commercial documents, the label-
ling, presentation and advertising of poultrymeat
intended for the final consumer and the name under
which the product is sold within the meaning of point
(1) of Article 3(1) of Directive 2000/13/EC;

(v)

optional indications of the method of the chilling used
and of the type of farming;

(vi) derogations that may be applied in case of deliveries

to cutting or processing establishments;

(vii)

the rules to be applied as regards the percentages of
fresh,
water absorption during the preparation of
frozen and quick-frozen carcasses and cuts thereof as
well as the indications to be made in that respect;

(f)

as regards the provisions concerning the standards for the
production and marketing of eggs for hatching and of
farmyard poultry chicks set out in Part C of Annex XIV:

(iv) detailed rules for obtaining statistical information on
the markets in the products referred to in Article 115;

(i)

definitions;

(d)

as regards the provisions concerning the marketing of eggs
set out in Part A of Annex XIV:

(i)

definitions;

(ii)

the
registration of establishments producing or
marketing eggs for hatching or farmyard poultry
chicks;

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(iii)

indications to be made on eggs for hatching, including
those to be imported from or to be exported to third
countries, and on the packings, as well as the rules to
be applied in respect of chicks originating in third
countries;

(iv)

registers to be kept by hatcheries;

(v)

(vi)

the use, other than for human consumption, that may
be made of
incubated eggs withdrawn from the
incubator;

communications from hatcheries and other establish-
ments to the competent authorities of the Member
States;

(vii) accompanying documents;

(g)

the minimum quality characteristics for products of the
hops sector referred to in Article 117;

(h)

the methods of analysis to be used, where applicable;

(i)

as regards the use of casein and caseinates referred to in
Article 119:

(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 technolo-
gically necessary;

(ii)

the obligations to be respected by the undertakings
authorised in accordance with point (i).

Producer organisations, interbranch organisations, operator organisations

CHAPTER II

S e c t i o n I

Article 123

G e n e r a l p r i n c i p l e s

Interbranch organisations

Article 122

Producer organisations

Member States shall recognise producer organisations, which:

(a)

are constituted by producers of one of
sectors:

the following

(i)

the hops sector,

Member States shall recognise interbranch organisations which:

(a)

are made up of representatives of economic activities linked
trade in, and/or processing of
to the production of,
products in the following sectors:

(i)

the olive oil and table olives sector;

(ii)

the tobacco sector;

(ii)

the olive oil and table olives sector,

(b)

are formed on the initiative of all or some of
organisations or associations which constitute them;

the

(iii)

the silkworm sector;

(c)

pursue a specific aim, which may, in particular relate to:

(b)

are formed on the initiative of the producers;

(i)

concentrating and coordinating supply and marketing
of the produce of the members;

(c)

pursue a specific aim, which may in particular relate to:

(i)

concentrating supply and marketing the produce of
the members;

(ii)

adapting production and processing jointly to the
requirements of
the market and improving the
product;

(ii)

adapting production jointly to the requirements of the
market and improving the product;

(iii) promoting the rationalisation and improvement of

production and processing;

(iii) promoting the rationalisation and mechanisation of

production;

(iv)

carrying out research into sustainable production
methods and market developments.

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Where interbranch organisations carry out their activities in the
territories of several Member States, recognition shall be granted
by the Commission without the assistance of the Committee
referred to in Article 195(1).

of the subscriptions paid by its members to the extent that such
subscriptions are intended to cover costs, other than adminis-
trative costs of any description, directly incurred as a result of
pursuing the activities in question.

Article 124

2. The activities referred to in paragraph 1 shall relate to one of
the following objectives:

Common provisions concerning producer and interbranch
organisations

(a)

research to add value to the products, in particular through
new uses which do not pose a threat to public health;

1. Article 122 and the first paragraph of Article 123 shall
apply without prejudice to the recognition, decided by Member
law and in compliance with
States on the basis of national
Community law, of producer organisations or
interbranch
organisations respectively, in any sector referred to in Article 1
except for the sectors referred to in Article 122 and the first
paragraph of Article 123.

2.
Producer organisations recognised or approved in accor-
dance with Regulations (EC) No 865/2004, (EC) No 1952/2005
and (EC) No 1544/2006 shall be considered as recognised
producer organisations under Article 122 of this Regulation.

Interbranch organisations recognised or approved in accordance
with Regulations (EEC) 2077/92 and (EC) No 865/2004 shall be
considered recognised interbranch organisations under Arti-
cle 123 of this Regulation.

Article 125

Operator organisations

For the purposes of this Regulation, operator organisations shall
comprise recognised producer organisations, recognised inter-
branch organisations or
recognised organisations of other
operators in the olive oil and table olives sector or their
associations.

S e c t i o n I I

R u l e s c o n c e r n i n g i n t e r b r a n c h o r g a n i s a t i o n s
i n t h e t o b a c c o s e c t o r

(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.

3. The Member States concerned shall notify the Commission
of decisions which they intend to take under paragraph 1. Such
decisions may not apply before the expiry of a three month
period starting from the date of notification to the Commission.
Within that three month period the Commission may 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.

the

activities of

4. Where
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.

S e c t i o n I I I

P r o c e d u r a l r u l e s

Article 127

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 organisa-
tions in individual sectors, including:

Article 126

(a)

the specific aims to be pursued by such organisations;

Payment of subscription by non-members

the activities

1. Where one or more of
referred to in
paragraph 2 is pursued by a recognised interbranch organisation
in the tobacco sector and is 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, without the assistance of the
Committee referred to in Article 195(1), 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

(b)

the rules of association of such organisations;

(c)

the activities of such organisations;

(d)

(e)

derogations from the requirements laid down in Arti-
cles 122, 123 and 125;

the case may be, any effects deriving from the

as
recognition as an interbranch organisation.

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PART III

TRADE WITH THIRD COUNTRIES

CHAPTER I

General provisions

Article 128

General principles

Article 129

Combined nomenclature

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.

The general rules for interpreting the Combined Nomenclature,
provided for in Council Regulation (EEC) No 2658/87 of 23 July
1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (1) (hereinafter referred to as ‘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 applica-
tion of
the
definitions in Annex III shall be included in the Common
Customs Tariff.

this Regulation including, as the case may be,

CHAPTER II

Imports

S e c t i o n I

(i)

beef and veal;

I m p o r t l i c e n c e s

(j) milk and milk products;

Article 130

Import licences

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:

(k)

pigmeat;

(l)

sheepmeat and goatmeat;

(m) eggs;

(n)

poultrymeat;

(o)

agricultural ethyl alcohol.

(a)

cereals;

(b)

rice;

(c)

sugar;

(d)

seeds;

(e)

olive oil and table olives, with regard to products falling
within
0709 90 39,
1509,
0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;

CN codes

1510 00,

(f)

flax and hemp, as far as hemp is concerned;

(g)

bananas;

(h)

live plants;

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 131

Issue of licences

irrespective of

licences shall be issued by Member States to any
Import
in the
applicant,
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.

its place of establishment

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation

(EC) No 733/2007 (OJ L 169, 29.6.2007, p. 1).

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Article 132

Validity

Article 137

Calculation of import duties for husked rice

Import licences shall be valid throughout the Community.

Article 133

Security

1. Notwithstanding Article 135, the import duty on husked
rice falling within CN code 1006 20 shall be fixed by the
Commission without the assistance of the Committee referred to
in Article 195(1) within 10 days of the end of the reference
period concerned in accordance with point 1 of Annex XVII.

1.
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.

the assistance of

The Commission, without
the Committee
referred to in Article 195(1), shall fix a new applicable duty if the
calculations performed under that Annex indicate a need to
change the duty. Until such time as a new applicable duty is fixed,
the duty previously fixed shall apply.

2.
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.

Article 134

Implementing rules

The Commission shall adopt the detailed rules for the application
of this Section, including the terms of validity of the licences and
the rate of security.

In order to calculate the imports referred to in point 1 of
2.
Annex XVII, 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, excluding the
import licences for Basmati rice referred to in Article 138.

3. The annual reference quantity shall be 449 678 tonnes. The
partial
shall
correspond to half the annual reference quantity.

reference quantity for

each marketing year

S e c t i o n I I

I m p o r t d u t i e s a n d l e v i e s

Article 135

Import duties

Article 138

Calculation of import duties for husked basmati rice

Notwithstanding Article 135, the husked Basmati rice varieties
falling within CN codes 1006 20 17 and 1006 20 98 listed in
Annex XVIII shall qualify for a zero rate of import duty under the
conditions fixed by the Commission.

Save as otherwise provided for pursuant to this Regulation, the
rates of import duty in the Common Customs Tariff shall apply
to the products referred to in Article 1.

Article 139

Calculation of import duties for milled rice

Article 136

Calculation of import duties for cereals

1. Notwithstanding Article 135, the import duty on products
covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99
(high quality common wheat), 1002 00 00, 1005 10 90,
1005 90 00 and 1007 00 90 other than hybrid for sowing,
shall be equal to the intervention price valid for such products on
importation increased by 55 %, minus the c.i.f.
import price
applicable to the consignment in question. However, that duty
may not exceed the conventional rate of duty as determined on
the basis of the Combined Nomenclature.

1. Notwithstanding Article 135, the import duty for semi-
milled or wholly milled rice falling within CN code 1006 30
shall be fixed by the Commission, without the assistance of the
Committee referred to in Article 195(1), within ten days after the
the reference period concerned in accordance with
end of
point 2 of Annex XVII.

the assistance of

the Committee
The Commission, without
referred to in Article 195(1), shall fix a new applicable duty if the
calculations performed under that Annex indicate a need to
change the duty. Until such time as a new applicable duty is fixed,
the duty previously fixed shall apply.

For the purposes of calculating the import duty referred to
2.
in paragraph 1, representative c.i.f.
import prices shall be
established on a regular basis for the products referred to in that
paragraph.

2.
In order to calculate imports referred to in point 2 of
Annex XVII, 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.

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Article 140

Calculation of import duties for broken rice

Article 143

Implementing rules

Notwithstanding Article 135, the import duty on broken rice
falling within CN code 1006 40 00 shall be EUR 65 per tonne.

The Commission shall adopt the detailed rules for the application
of this Section, in particular specifying:

Article 141

Additional import duties

1. An additional import duty shall apply to imports at the rate
of duty laid down in Articles 135 to 140 of one or more
products of the cereals, rice, sugar, beef and veal, milk and milk
products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat
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)

the imports are made at a price below the level notified by
the Community to the WTO (the trigger price); or

(b)

the volume of imports in any year exceeds a certain level
(the trigger volume).

The trigger volume shall be based on market access opportu-
nities 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.

For the purposes of paragraph 1(a), import prices shall be
the

3.
determined on the basis of
consignment under consideration.

import prices of

the c.i.f.

C.i.f. import prices shall be checked against the representative
the product on the world market or on the
prices
Community import market for that product.

for

Article 142

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 62(2):

(a)

sugar falling within CN code 1701;

(a)

as regards Article 136:

(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 141, the products to which additional
import duties shall be applied and the other criteria
necessary to ensure the application of paragraph 1 of that
Article.

S e c t i o n I I I

I m p o r t q u o t a m a n a g e m e n t

Article 144

Tariff quotas

1. Tariff quotas for imports of products referred to in Article 1
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.

2. 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);

(b)

a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
‘simultaneous examination method’);

(b)

CN codes
falling within
isoglucose
1702 40 10, 1702 60 10 and 1702 90 30.

1702 30 10,

(c)

a method based on taking traditional trade patterns into
account (using the ‘traditional/newcomers method’).

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administration adopted shall, where
3. The method of
appropriate, give due weight to the supply requirements of the
Community market and the need to safeguard the equilibrium of
that market.

S e c t i o n I V

S p e c i a l p r o v i s i o n s f o r c e r t a i n p r o d u c t s

Article 145

Opening of tariff quotas

S u b s e c t i o n I

S p e c i a l p r o v i s i o n s f o r i m p o r t s i n r e s p e c t o f t h e
c e r e a l s a n d r i c e s e c t o r s

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 146

Specific rules

1. With regard to the import quota of 54 703 tonnes of frozen
falling within CN codes 0202 20 30,
beef and veal meat
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.

import

In the case of

tariff quota for

2.
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 148 shall also
include the provisions necessary for carrying out the tariff quota
imports and, where appropriate,
the
quantities imported by the paying agencies of the Member States
concerned and their disposal on the markets of those Member
States.

the public storage of

Article 147

Tariff rates for bananas

Article 149

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.

This Chapter shall apply without prejudice to Council Regulation
(EC) No 1964/2005 (1).

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.

Article 148

Implementing rules

The Commission shall adopt detailed rules for the implementa-
tion of this Section, in particular on:

(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.

(a)

(b)

(c)

guarantees covering the nature, provenance and origin of
the product;

Article 150

recognition of
guarantees referred to in point (a);

the document used for verifying the

the conditions under which import licences shall be issued
and their term of validity.

(1) OJ L 316, 2.12.2005, p. 1.

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.

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Article 151

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:

(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 152

Applicability of the tariff classification

Where the method for fixing the import duty set out
in
Articles 149 to 151 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 sthe mixtures.

S u b s e c t i o n I I

P r e f e r e n t i a l

i m p o r t a r r a n g e m e n t s f o r s u g a r

Article 153

Traditional supply need for refining

1. Notwithstanding Article 52(1), a traditional supply need of
sugar for refining is fixed for the Community at 2 424 735
tonnes per marketing year, expressed in white sugar.

During the marketing year 2008/2009, the traditional supply
need shall be distributed as follows:

(a)

198 748 tonnes for Bulgaria;

(b) 296 627 tonnes for France;

(c)

100 000 tonnes for Italy;

(d) 291 633 tonnes for Portugal;

(e)

329 636 tonnes for Romania;

(f)

19 585 tonnes for Slovenia;

(g)

59 925 tonnes for Finland;

Import licences for sugar for refining shall be issued only to
3.
full-time refiners provided that the quantities concerned 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.

4. 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 XIX shall be
the
complementary quantity which is needed to allow an adequate
supply of the full-time refiners for the marketing year 2008/
2009.

suspended for

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 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 raw sugar intended for
consumption.

Article 154

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)

the least developed countries under
the arrangements
referred to in Articles 12 and 13 of Council Regulation (EC)
No 980/2005 (1);

(b)

the States listed in Annex XIX for the complementary
quantity referred to in Article 153(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 155

Sugar Protocol commitments

(h) 1 128 581 tonnes for the United Kingdom.

2. The traditional
supply need referred to in the first
subparagraph of paragraph 1 shall be increased by 65 000
tonnes. This quantity shall concern raw cane sugar and shall be
reserved for the marketing year 2008/2009 for the sole sugar
beet processing plant at work in 2005 in Portugal. That
processing plant is deemed to be a full time refiner.

is imported into the Community under

The Commission may adopt measures to ensure that the ACP/
Indian sugar
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 153 of
this Regulation.

(1) OJ L 169, 30.6.2005, p. 1.

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Article 156

Implementing rules

attestation issued by the authorities of the country of origin and
recognised as equivalent
to the certificate referred to in
Article 117.

Detailed rules for the application of this Subsection shall be
in particular to comply with
adopted by the Commission,
international agreements. They may include amendments to
Annex XIX.

In the case of hop powder, hop powder with higher lupulin
content, extract of hops and mixed hop products, the attestation
may be recognised as being equivalent to the certificate only if
the alpha acid content of these products is not lower than that of
the hops from which they have been prepared.

S u b s e c t i o n I I I

S p e c i a l p r o v i s i o n s f o r i m p o r t s o f h e m p

The equivalence of
accordance with detailed rules adopted by the Commission.

those attestations shall be verified in

Article 157

Imports of hemp

S e c t i o n V

S a f e g u a r d a n d i n w a r d p r o c e s s i n g

1. The following products may be imported into the Commu-
nity only if the following conditions are met:

(a)

(b)

(c)

raw true hemp falling within CN code 5302 10 00 meeting
the conditions laid down in Article 52 of Regulation (EC)
No 1782/2003;

seeds of varieties of hemp falling within CN code
ex 1207 99 15 for sowing 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 imported only by importers authorised by the
Member State in order to ensure that such seeds are not
intended for sowing.

2. Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 194,
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.

3. This Article shall apply without prejudice to more restrictive
provisions adopted by Member States in compliance with the
Treaty and the obligations arising under the WTO Agreement on
Agriculture.

S u b s e c t i o n I V

S p e c i a l p r o v i s i o n s f o r i m p o r t s o f h o p s

Article 159

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/
94 (1) and (EC) No 3285/94 (2).

safeguard measures against

Save as otherwise provided for pursuant to any other act of
2.
the Council,
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.

imports

3. Measures referred to in paragraphs 1 and 2 may be taken by
the Committee
the Commission, without
referred to in Article 195(1), at the request of a Member State or
on its own initiative. If the Commission receives a request from a
Member State,
take a decision thereon within five
working days following receipt of the request.

the assistance of

it shall

The Member States shall be notified of such measures, which
shall be immediately applicable.

Decisions taken by the Commission pursuant to paragraphs 1
and 2 may be referred to the Council by any Member State
within five 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 decision in question within one
month following the date on which it was referred to the
Council.

Article 158

Imports of hops

that any safeguard
4. Where the Commission considers
measure taken in accordance with paragraphs 1 or 2 should be
revoked or amended, it shall proceed as follows:

1.
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.

the
(a) where the measure was enacted by the Council,
Commission shall propose to the Council
it be
revoked or amended. The Council shall act by a qualified
majority;

that

Products shall be considered as being of

2.
referred to in paragraph 1 if

the standard
they are accompanied by an

(1) OJ L 67, 10.3.1994, p. 89.
(2) OJ L 349, 31.12.1994, p. 53.

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(b)

in all other cases, Community safeguard measures shall be
revoked or amended by the Commission without
the
assistance of the Committee referred to in Article 195(1).

The Member States shall be notified of such measures, which
shall be immediately applicable.

Article 160

Suspension of inward processing arrangements

fully or partially the use of

1. Where the Community market is disturbed or is liable to be
disturbed by inward processing arrangements, the Commission
may suspend, at the request of a Member State or on its own
initiative,
inward processing
arrangements for the products of the cereals, rice, sugar, olive
oil and table olives, beef and veal, milk and milk products,
sheepmeat and goatmeat, eggs, poultrymeat and
pigmeat,
agricultural ethyl alcohol sectors. If the Commission receives a
request from a Member State, it shall take a decision thereon
within five working days following receipt of the request.

Measures decided on by the Commission pursuant to the first
subparagraph may be referred to the Council by any Member
State within five 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.

the use of

2. To the extent necessary for the proper functioning of the
the
CMO,
products referred to in paragraph 1 may be fully or partially
prohibited by the Council, acting in accordance with the
procedure laid down in Article 37(2) of the Treaty.

inward processing arrangements for

CHAPTER III

Exports

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.

2. Articles 131 to 133 shall apply mutatis mutandis.

S e c t i o n I

E x p o r t l i c e n c e s

Article 161

Export licences

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)

olive oil and table 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)

sheepmeat and goatmeat;

(i)

(j)

eggs;

poultrymeat;

(k)

agricultural ethyl alcohol.

3. The Commission shall
application of paragraphs 1 and 2,
validity of the licences and the rate of security.

adopt detailed rules

the
including the terms of

for

S e c t i o n I I

E x p o r t r e f u n d s

Article 162

Scope of export refunds

1. 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:

(a)

the products of
without further processing:

the following sectors to be exported

(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;

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(iv) beef and veal;

Refunds may be fixed:

(v) milk and milk products;

(a)

at regular intervals;

(vi) pigmeat;

(vii) eggs;

(viii) poultrymeat;

(b)

by invitation to tender for products in respect of which
provision was made for that procedure before the date of
application of this Regulation in accordance with Arti-
cle 204(2).

(b)

the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be
exported in the form of goods listed in Annexes XX and
XXI.

In the case of the milk and milk products exported in the form of
products listed in Part IV of Annex XX, export refunds may only
be granted for products listed in points (a) to (e) and (g) of
Part XVI of Annex I.

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, without the assistance of
the Committee referred to in Article 195(1), either at the request
of a Member State or on its own initiative.

Export

2.
refunds on products exported in the form of
processed goods listed in Annexes XX and XXI 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
3.
production peculiar
to certain spirit drinks 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.

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 product on the world market.

Article 163

Export refund distribution

The quantities which may be exported with an export refund
shall be allocated by the method which:

(a)

(b)

(c)

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 in particular between large and small
operators;

is least cumbersome administratively for operators, account
being taken of administrative requirements;

avoids any discrimination between the operators con-
cerned.

Article 164

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 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.

(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)

limits

the
resulting from agreements
accordance with Article 300 of the Treaty;

concluded in

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 arrange-
ments;

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 poultrymeat sectors, the
difference between prices within the Community and prices
on the world market for the quantity of feed grain input
the
required for the production in the Community of
products of those sectors.

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4. A corrective amount applicable to the export refunds may
be set by the Commission in respect of the cereals and rice
sectors. However, where necessary, the Commission, without the
assistance of the Committee referred to in Article 195(1), may
amend the corrective amounts.

(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.

The first subparagraph may also be applied to products that are
exported in the form of goods listed in Annex XX.

Article 165

Export refund for malt in storage

For the first three months of the marketing year, the refund
applicable to exports of malt in storage at the end of the previous
marketing year or made from barley in stock at that time shall be
that which would have been applied in respect of the export
licence in question to exports during the last month of the
preceding marketing year.

Appropriate measures may be taken by the Commission to
prevent abuse of the flexibility provided for in this paragraph.

3. 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
4.
to in Article 16(2) of Council Regulation (EC) No 3448/93 (1), to
apply paragraphs 1 and 2 to the goods referred to in Arti-
cle 162(1)(b) of this Regulation.

5. 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.

Article 166

6. The refund shall be paid upon submission of proof that:

Export refund adjustment for cereals

(a)

the products have been exported from the Community;

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 167(2), shall be adjusted
the monthly
by the Commission in line with the level of
increases applicable to the intervention price and, where
appropriate, changes in that price.

The first paragraph 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 XX. In that case, the
subparagraph shall be
adjustment
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.

referred to in the first

(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;

Article 167

Granting of export refund

(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.

1. Refunds on products listed in Article 162(1)(a) exported as
further processing shall only be granted on
such without
application and on presentation of an export licence.

Article 168

2. 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,
that
applicable on the same day:

in the case of a differentiated refund,

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.

(a)

for the destination indicated on the licence, or

(1) OJ L 318, 20.12.1993, p. 18.

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Article 169

Export limits

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:

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
WTO Agreement on Agriculture, the ending of a reference
period shall not affect the validity of export licences.

(a)

(b)

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’);

Article 170

Implementing rules

Detailed rules for the application of this Section shall be adopted
by the Commission, in particular:

(a)

(b)

(c)

on the redistribution of exportable quantities which have
not been allocated or utilised;

governing the quality and other specific requirements and
conditions of the products eligible for an export refund;

for monitoring whether operations conferring entitlement
to the payment of refunds and all other amounts in respect
of export transactions have actually been carried out and
executed correctly, including physical checks and document
scrutiny.

Any necessary amendments to Annex XX shall be made by the
Commission taking into account the criteria referred to in the
first subparagraph of Article 8(2) of Regulation (EC) No 3448/
93.

However, the detailed rules for the application of Article 167 for
products referred to in Article 162(1)(b) shall be adopted in
accordance with the procedure referred to in Article 16(2) of
Regulation (EC) No 3448/93.

S e c t i o n I I I

E x p o r t q u o t a m a n a g e m e n t i n t h e m i l k a n d
m i l k p r o d u c t s s e c t o r

(c)

a method based on taking traditional trade patterns into
account (using the ‘traditional/new arrival method’).

S e c t i o n I V

S p e c i a l

i m p o r t t r e a t m e n t b y t h i r d c o u n t r i e s

Article 172

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.

S e c t i o n V

S p e c i a l p r o v i s i o n s f o r l i v e p l a n t s

Article 173

Minimum export prices

Article 171

Management of tariff quotas opened by third countries

1. 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
the management method to be applied and
third country,
detailed rules relating to that method shall be adopted by the
Commission.

2. The tariff quotas referred to in paragraph 1 shall be
administered in a manner which avoids any discrimination

1.
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.

2. 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 Arti-
cle 300(2) of the Treaty.

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S e c t i o n V I

O u t w a r d p r o c e s s i n g

Article 174

Suspension of outward processing arrangements

1. Where the Community market is disturbed or is liable to be
disturbed by outward processing arrangements, the Commission
may suspend at the request of a Member State or on its own
initiative fully or partially the use of outward processing
arrangements for the products of the cereals, rice, beef and veal,
pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the
Commission receives a request from a Member State, it shall take
a decision thereon within five 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 the first
subparagraph may be referred to the Council by any Member
State within five 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.

2. To the extent necessary for the proper functioning of the
the use of outward processing arrangements for the
CMO,
products referred to in paragraph 1 may be fully or partially
prohibited by the Council, acting in accordance with the
procedure laid down in Article 37(2) of the Treaty.

PART IV

COMPETITION RULES

CHAPTER I

Rules applying to undertakings

Article 175

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 the implementation provisions thereof shall,
subject to Article 176 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 points (a) to (h), point (k) and points (m) to (u) of
Article 1(1) and in Article 1(3) of this Regulation.

Article 176

Exceptions

1. Article 81(1) of the Treaty shall not apply to the agreements,
decisions and practices referred to in Article 175 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' associa-
tions, 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.

2. 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 a 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 decision referred to in the first
3. The publication of
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.

Article 177

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 recognised interbranch organisations
in the tobacco sector, intended to implement the aims referred to
in Article 123(c) of this Regulation provided that:

(a)

the agreements and concerted practices have been notified
to the Commission;

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(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 implemen-
ted during that three-month period.

2. Agreements and concerted practices
shall be declared
contrary to Community competition rules in the following cases
where:

(a)

(b)

(c)

(d)

(e)

they may lead to the partitioning of markets in any form
within the Community;

they may affect
organisation;

the sound operation of

the market

they may create distortions of competition which are not
essential
the common
agricultural policy pursued by the interbranch organisation
measure;

to achieving the objectives of

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;

they may create discrimination or eliminate competition in
respect of a substantial proportion of
the products in
question.

(b) of paragraph 1,

the Commission finds that

If, following expiry of the three-month period referred to in
3.
point
the
conditions for applying this Chapter have not been met, it shall
without
the Committee referred to in
Article 195(1), take a decision declaring that Article 81(1) of
the Treaty applies to the agreement or concerted practice in
question.

the assistance of

That decision shall not apply earlier than the date of notification
to the interbranch organisation concerned, unless that inter-
branch organisation has given incorrect information or misused
the exemption provided for in paragraph 1.

Article 178

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 prove
they possess a minimum degree of representativeness, in respect
of each of the grouped branches, in each region covered.

2. The rules for which an extension of 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)

(d)

use of cultivation methods compatible with the protection
of the environment;

definition of minimum standards of packing and presenta-
tion;

(e)

use of certified seed and monitoring of product quality.

Extension of the rules shall be subject to approval by the

3.
Commission.

Article 179

Implementing rules in respect of agreements and concerted
practices in the tobacco sector

The Commission shall
lay down the detailed rules for the
application of Articles 177 and 178 including the rules
concerning notifications and publication.

CHAPTER II

State Aid rules

Article 180

Article 181

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 182 of this Regulation, Articles 87, 88 and 89 of the
Treaty shall apply to the production of and trade in the products
referred to in points (a) to (h), point (k) and points (m) to (u) of
Article 1(1) and in Article 1(3) of this Regulation.

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 products listed in
Part XVI of Annex I of this Regulation shall be prohibited.

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National measures permitting equalisation between the prices of
products listed in Part XVI of Annex I of this Regulation shall
also be prohibited.

basis of an application by any Member State concerned, decide
on the total amount of the State aid available for this measure.

Article 182

Specific national provisions

1.
Subject to Commission authorisation, aids for the produc-
tion 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.

2.
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.

3. Member States which reduce their sugar quota by more than
50 % of the sugar quota fixed on 20 February 2006 in Annex III
to Regulation (EC) No 318/2006 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

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.

sentence of Article 88(3) of

4. Without prejudice to the application of Article 88(1) and of
the first
the Treaty, 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 before 30 June each year, a report to the
Commission on the functioning of the system.

PART V

SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS

Article 183

the savings of fossil fuels achieved. The report shall be
accompanied, if necessary, by appropriate proposals;

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 180 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.

2)

3)

Article 184

Reporting in respect of certain sectors

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;

before 31 December 2009 to the European Parliament and
the Council on the application of the derogation provided
for in Article 182(4) in respect of the German Alcohol
Monopoly, including an evaluation of the aids granted in
the framework of
together with any
that Monopoly,
appropriate proposals.

The Commission shall present a report:

Article 185

1)

to the Council before 30 September 2008 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

Registration of contracts in the hops sector

1. Any contract to supply hops produced within the Commu-
nity concluded between a producer or producer organisation on

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the one hand and a buyer on the other shall be registered by the
bodies designated for that purpose by each producer Member
State concerned.

(b)

having regard to the obligations arising from agreements
concluded in accordance with Article 300(2) of the Treaty.

2. 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.

3. The data on which registration is based may be used only for
the purposes of this Regulation.

4. The Commission shall lay down the detailed rules concern-
ing the registration of contracts to supply hops.

Article 186

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,
threatening to disturb the
markets:

thereby disturbing or

(a) with regard to the products of the sugar, hops, beef and veal
and sheepmeat and goatmeat sectors, where the prices on
the Community market for any of those products rise or fall
significantly;

(b) with regard to the products of the pigmeat, eggs and
poultrymeat sectors and, with regard to olive oil, where the
prices on the Community market for any of those products
rise significantly.

Article 187

Disturbances caused by quotations or prices on the world
market

threatens to disrupt

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
the availability of supply on the
Community market and where that situation is likely to continue
the Commission may take the necessary
or to deteriorate,
measures for the sector concerned. It may in particular suspend
import duties in whole or in part for certain quantities.

Article 188

2. Detailed rules for the application of Articles 186 and 187
may be adopted by the Commission.

Article 189

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)

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;

(c)

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.

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 without
the assistance of the Committee referred to in Article 195(1),
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.

Conditions for measures to be applied in cases of
disturbances and implementing rules

1. The measures provided for in Articles 186 and 187 may be
adopted:

For the purposes of
‘ethyl alcohol of non-
this paragraph,
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.

(a)

provided that any other measures available under this
Regulation appear insufficient;

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 190

Financial provisions

Article 193

Circumvention clause

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.

Without prejudice to any specific provisions, no advantage
provided for under this Regulation shall be granted in favour of a
natural or legal person in respect of whom it is established that
the conditions required for obtaining such advantages were
created artificially, contrary to the objectives of this Regulation.

Article 191

Emergency

The Commission shall adopt the measures which are both
necessary and justifiable in an emergency, in order to resolve
specific practical 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 192

Exchange of information between the Member States and
the Commission

1. Member States and the Commission shall provide each other
this
with any information necessary for the application of
Regulation or for market monitoring and analysis and for
complying with the international obligations concerning the
products referred to in Article 1.

2. 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 informa-
tion and documents.

Article 194

Controls and administrative measures and administrative
penalties and their reporting

The Commission shall determine:

(a)

(b)

(c)

(d)

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;

a system for the application of administrative measures and
administrative penalties where non-compliance with any of
the obligations resulting from the application of
this
Regulation is found;

the rules regarding the recovery of undue payments
resulting from the application of this Regulation;

the rules on the reporting of the controls carried out and
their results.

The administrative penalties referred to in point (b) shall be
graduated according to the severity, extent, permanence and
repetition of the non-compliance found.

PART VII

IMPLEMENTING, TRANSITIONAL AND FINAL RULES

CHAPTER I

Implementing provisions

Article 195

Committee

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

1. The Commission shall be assisted by the Management
Committee for
the Common Organisation of Agricultural
Markets (hereinafter referred to as the Committee).

2. Where reference is made to this paragraph, Articles 4 and 7
of Decision 1999/468/EC shall apply.

Article 196

Organisation of the Committee

The organisation of meetings of the Committee referred to in
Article 195 shall take into account, in particular, the scope of its
responsibilities, the specificities of the subject to be dealt with,
and the need to involve appropriate expertise.

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CHAPTER II

Transitional and final provisions

Article 197

Amendments to Regulation (EC) No 1493/1999

Articles 74 to 76 of Regulation (EC) No 1493/1999 shall be
deleted.

3.

The first subparagraph of Article 2(1) shall be replaced by
the following:
‘1. Article 81(1) of

the Treaty shall not apply to those
agreements, decisions and practices referred to in Article 1a
of this Regulation which 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.’;

Article 198

4.

Article 3 shall be replaced by the following:

Amendments to Regulation (EC) No 2200/96

Articles 46 and 47 of Regulation (EC) No 2200/96 shall be
deleted.

‘Article 3

Article 199

Amendments to Regulation (EC) No 2201/96

Articles 29 and 30 of Regulation (EC) No 2201/96 shall be
deleted.

Article 200

Amendments to Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006 shall be amended as follows:

1.

The title shall be 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 shall be 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 referred to in
points (a) to (h), point (k) and points (m) to (u) of Article 1
(1) and in Article 1(3) of Council Regulation (EC) No 1234/
2007 (*).

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.

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.’.

Article 201

Repeals

Subject to paragraph 3, the following Regulations shall be

1.
repealed:

(a) Regulations (EEC) No 234/68,

(EEC) No 827/68,

(EEC)
No 2517/69, (EEC) No 2728/75, (EEC) No 1055/77, (EEC)
No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC)
No 4088/87, (EEC) No 404/93, (EC) No 670/2003 and
(EC) No 797/2004, 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 315/68,

(EEC) No 316/68,

(EEC)
No 2729/75, (EEC) No 2759/75, (EEC) No 2763/75, (EEC)
No 2771/75, (EEC) No 2777/75, (EEC) No 2782/75, (EEC)
No 1898/87, (EEC) No 1906/90, (EEC) No 2204/90, (EEC)
No 2075/92, (EEC) No 2077/92, (EEC) No 2991/94, (EC)
No 2597/97, (EC) No 1254/1999, (EC) No 1255/1999,
(EC) No 2250/1999, (EC) No 1673/2000, (EC) No 2529/
2001, (EC) No 1784/2003, (EC) No 865/2004 and (EC)
No 1947/2005 (EC) No 1952/2005 and (EC) No 1028/
2006, 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 3220/84, (EEC) No 386/90, (EEC)
No 1186/90, (EEC) No 2137/92, and (EC) No 1183/2006
as from 1 January 2009.

(*) OJ L 299, 16.11.2007, p. 1.’;

2. Decision 74/583/EEC shall be repealed as from 1 January
2008.

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3. The repeal of the Regulations referred to in paragraph 1 shall
be without prejudice to:

However, it shall apply:

(a)

(b)

the maintenance in force of Community acts adopted on
the basis of those Regulations; and

the continuing validity of amendments made by those
Regulations to other acts of Community law that are not
repealed by this Regulation.

Article 202

Construction of references

References to the provisions and Regulations which are amended
or repealed by Articles 197 to 201 shall be construed as
references to this Regulation and shall be read in accordance with
the correlation tables set out in Annex XXII.

Article 203

Transitional rules

The Commission may adopt the measures required to facilitate
the transition from the arrangements provided for
in the
Regulations which are amended or repealed by Articles 197 to
201 to those established by this Regulation.

Article 204

Entry into force

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

2.

It shall apply from 1 January 2008.

(a)

as regards the cereals, seeds, hops, olive oil and table olives,
flax and hemp, raw tobacco, beef and veal, pigmeat,
sheepmeat and goatmeat, eggs and poultrymeat sectors,
from 1 July 2008;

(b)

as regards the rice sector, from 1 September 2008;

(c)

(d)

(e)

(f)

(g)

as regards the sugar sector, from 1 October 2008 with the
exception of Article 59 which shall apply as from 1 January
2008;

as regards the dried fodder and the silkworm sectors, from
1 April 2008;

as regards the wine sector as well as Article 197, from
1 August 2008;

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;

regards

as
the system of milk production limitation
established in Chapter III of Title I of Part II, from 1 April
2008;

(h)

as regards the Community scales for carcass classification
referred to in Article 42(1), from 1 January 2009.

Articles 27, 39 and 172 shall apply from 1 January 2008 and
Articles 149 to 152 from 1 July 2008 for all the products
concerned.

3. As regards the sugar sector, Title I of Part II shall apply until
the end of the marketing year 2014/2015 for sugar.

4. 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 66, apply until 31 March 2015.

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

Done at Luxembourg, 22 October 2007.

For the Council

The President

J. SILVA

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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

ex 1103

ex 1104

1106 20

ex 1108

1108 11 00

1108 12 00

1108 13 00

1108 14 00

– Maize (corn) flour

– Other:

– – Barley flour

– – Oat flour

– – Other

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

Flour, meal and powder of sago or of roots or tubers of heading 0714

Starches; inulin:

– Starches:

– – Wheat starch

– – Maize (corn) starch

– – Potato starch

– – Manioc (cassava) starch

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CN code

Description

ex 1108 19

– – Other starches:

1108 19 90

1109 00 00

1702

– – – 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:

ex 1702 30

– 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

1702 30 99

ex 1702 40

– – – – In the form of white crystalline powder, whether or not agglomerated

– – – – Other

– 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

1702 90 75

1702 90 79

2106

ex 2106 90

– – Caramel:

– – – Other:

– – – – In the form of powder, whether or not agglomerated

– – – – Other

Food preparations not elsewhere specified or included:

– Other

– – Flavoured or coloured sugar syrups:

– – – Other

2106 90 55

– – – – Glucose syrup and maltodextrine syrup

ex 2302

ex 2303

2303 10

2303 30 00

ex 2306

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:

– Residues of starch manufacture and similar residues

– Brewing or distilling dregs and waste

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:

– Other

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

ex 2309 10

2309 10 11
2309 10 13
2309 10 31
2309 10 33
2309 10 51
2309 10 53

Preparations of a kind used in animal feeding:

– Dog or cat food, put up for retail sale:

– – 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 (1) except preparations and feedingstuffs contain-
ing 50 % or more by weight of milk products

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CN code

ex 2309 90

2309 90 20

2309 90 31
2309 90 33
2309 90 41
2309 90 43
2309 90 51
2309 90 53

Description

Other:
– Products referred to in additional note 5 to Chapter 23 of

Nomenclature

the Combined

– Other, including premixes:
– – Other, containing starch, glucose, glucose syrup, maltodextrine syrup of
subheadings 1702 30 51 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

(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.

Part II: Rice

As regards rice, this Regulation shall cover the products listed in the following table:

(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
1108 19 10

Rice in the husk (paddy or rough), other than for sowing

Description

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
Rice starch

Part III: Sugar

As regards sugar, this Regulation shall cover the products listed in the following table:

(a)

(b)
(c)

(d)

CN code

1212 91
1212 99 20
1701
1702 20
1702 60 95 and
1702 90 99
1702 90 60
1702 90 71
2106 90 59

1702 30 10
1702 40 10
1702 60 10
1702 90 30

Description

Sugar beet
Sugar cane
Cane or beet sugar and chemically pure sucrose, in solid form
Maple sugar and maple syrup
Other sugars in solid form and sugar syrups, not containing added flavouring or
colouring matter, but not including lactose, glucose, maltodextrine and isoglucose

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

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CN code

1702 60 80
1702 90 80
1703
2106 90 30
2303 20

(e)

(f)
(g)
(h)

Inulin syrup

Description

Molasses resulting from the extraction or refining of sugar
Flavoured or coloured isoglucose syrups
Beet pulp, bagasse and other waste of sugar manufacture

Part IV: Dried fodder

As regards dried fodder, this Regulation shall cover the products listed in the following table:

CN code

(a)

ex 1214 10 00

ex 1214 90 90

(b)

ex 2309 90 99

Description

– Meal and pellets of lucerne artificially heat-dried
– 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 lotus, chickling pea and birdsfoot,

otherwise dried and ground

– 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

Part V: Seeds

As regards seeds, this Regulation shall cover the products listed in the following table

CN code

Description

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

Sweetcorn hybrids:
– for sowing
Peas (Pisum sativum):
– for sowing
Chickpeas (garbanzos):
– for sowing
Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:
– for sowing
Small red (Adzuki) beans (Phaseolus or Vigna angularis):
– for sowing
Kidney beans, including white pea beans (Phaseolus vulgaris):
– for sowing
Other beans:
– for sowing
Lentils:
– for sowing
Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba
var. minor):
– for sowing

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CN code

Description

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 and

ex 1205 90 00

1206 00 10

ex 1207

1209

Other dried leguminous vegetables:
– for sowing
Spelt:
– for sowing
Hybrid maize (corn) seed
Rice in the husk (paddy or rough):
– for sowing
Grain sorghum hybrids:
– for sowing
Soya beans, whether or not broken:
– for sowing
Groundnuts, not roasted or otherwise cooked, in shell:
– for sowing
Linseed, whether or not broken:
– for sowing
Rape or colza seeds, whether or not broken, for sowing
– Other
Sunflower seeds, whether or not broken:
– for sowing
Other oil seeds and oleaginous fruits, whether or not broken:
– for sowing
Seeds, fruit and spores, of a kind used:
– for sowing

Part VI: Hops

1.

As regards hops, this Regulation shall cover the products listed in the following table

CN code

1210

Hop cones, fresh or dried, whether or not ground, powdered or in the form of
pellets; lupulin

Description

2.

The rules of this Regulation on marketing and trade with third countries shall also apply to the following products:

CN code

Description

1302 13 00

Vegetable saps and extracts of hops

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

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

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(b)

(c)

CN code

0709 90 31
0709 90 39
0710 80 10
0711 20

ex 0712 90 90
2001 90 65
ex 2004 90 30
2005 70

1522 00 31
1522 00 39
2306 90 11
2306 90 19

Description

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
Olives prepared or preserved by vinegar or acetic acid
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 animal or vegetable
waxes containing oil having the characteristics of olive oil

Oil-cake and other residues resulting from the extractions of olive oil

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)

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
0703
0704
0705
0706

0707 00
0708
ex 0709

ex 0802

0803 00 11
ex 0803 00 90

Tomatoes, fresh or chilled
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

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CN code

Description

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

0910 20

ex 0910 99

ex 1211 90 85

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

Saffron

Thyme, fresh or chilled

Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh
or chilled

1212 99 30

Locust (or carob) beans

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

ex 0711

ex 0712

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

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, 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

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 subheading ex 0712 90 05, sweetcorn falling within the
subheadings ex 0712 90 11 and 0712 90 19 and olives falling within subheading
ex 0712 90 90

0804 20 90

0806 20

Dried figs

Dried grapes

ex 0811

ex 0812

ex 0813

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not
containing added sugar or other sweetening matter, excluding frozen bananas falling
within subheading ex 0811 90 95

Fruit and nuts, 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, excluding bananas provisionally preserved falling within
subheading ex 0812 90 98

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

0814 00 00

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

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CN Code

Description

(b)

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen,
containing added sugar or other sweetening matter

ex 1302 20

Pectic substances and pectinates

ex 2001

2002

2003

ex 2004

ex 2005

ex 2006 00

ex 2007

ex 2008

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by
vinegar or acetic acid, excluding:
— fruit of the genus Capsicum other than sweet peppers or pimentos of

subheading 2001 90 20

— sweetcorn (Zea mays var. saccharata) of subheading 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

— palm hearts of subheading 2001 90 60
— olives of subheading 2001 90 65
— vine leaves, hop shoots and other similar edible parts of plants falling within

subheading ex 2001 90 99

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, being
cooked preparations, whether or not containing added sugar or other sweetening
matter, excluding:
— homogenised preparations of bananas of subheading ex 2007 10
— jams, jellies, marmalades, purée or pastes of bananas of subheadings

ex 2007 99 39, ex 2007 99 57 and ex 2007 99 98

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
— 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

— vine leaves, hop shoots and other similar edible parts of 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

— bananas otherwise prepared or preserved of subheadings ex 2008 99 49,

ex 2008 99 67 and ex 2008 99 99

ex 2009

Fruit juices (excluding grape juice and grape must of 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

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Part XI: Bananas

As regards bananas, this Regulation shall cover the products listed in the following table:

CN codes

Description

Fresh bananas, excluding plantains

Dried bananas, excluding plantains

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, not containing added
spirit

Bananas otherwise prepared or preserved

Banana juice

0803 00 19

ex 0803 00 90

ex 0812 90 98

ex 0813 50 99

1106 30 10

ex 2006 00 99

ex 2007 10 99

ex 2007 99 39
ex 2007 99 57
ex 2007 99 98

ex 2008 92 59
ex 2008 92 78
ex 2008 92 93
ex 2008 92 98

ex 2008 99 49
ex 2008 99 67
ex 2008 99 99

ex 2009 80 35
ex 2009 80 38
ex 2009 80 79
ex 2009 80 86
ex 2009 80 89
ex 2009 80 99

Part XII: Wine

As regards wine, this Regulation shall cover the products listed in the following table:

(a)

CN code

2009 61
2009 69

2204 30 92
2204 30 94
2204 30 96
2204 30 98

(b)

ex 2204

Grape juice (including grape must)

Description

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

(c)

0806 10 90

Fresh grapes other than table grapes

2209 00 11
2209 00 19

(d)

2206 00 10

2307 00 11
2307 00 19

2308 00 11
2308 00 19

Wine vinegar

Piquette

Wine lees

Grape marc

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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 of the Combined Nomenclature.

Part XV: Beef and veal

As regards beef and veal, this Regulation shall cover the products listed in the following table:

(a)

(b)

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

0102 10
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

Live animals of the domestic bovine species, other than pure-bred breeding animals

Description

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
Live bovine pure-bred breeding animals
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 other than those of heading 1503
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.

Part XVI: Milk and milk products

As regards milk and milk products, this Regulation shall cover the products listed in the following table:

CN code

Description

(a)

(b)

0401

0402

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

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(c)

CN code

0403 10 11
to 0403 10 39
0403 90 11
to 0403 90 69

(d)

0404

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 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

(e)

ex 0405

Butter and other fats and oils derived from milk; dairy spreads of a fat content of
more than 75 % but less than 80 %

(f)

(g)

(h)

(i)

0406

1702 19 00

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 Regulation (EC) No 1667/2006, except
preparations and feedingstuffs falling under Part I of this Annex.

Part XVII: Pigmeat

As regards pigmeat, this Regulation shall cover the products listed in the following table:

CN code

Description

(a)

ex 0103

(b)

ex 0203

ex 0206

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 than for the manufacture of pharmaceutical
products, fresh, chilled or frozen

ex 0209 00

Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen,
salted, in brine, dried or smoked

ex 0210

Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked

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

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

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Part XVIII: Sheepmeat and goatmeat

As regards sheepmeat and goatmeat, this Regulation shall cover the products listed in the following table:

(a)

(b)

(c)

(d)

CN code

0104 10 30
0104 10 80
0104 20 90
0204
0210 99 21
0210 99 29
0104 10 10
0104 20 10
0206 80 99

0206 90 99

0210 99 60
ex 1502 00 90
1602 90 72
1602 90 74
1602 90 76
1602 90 78

Description

Lambs (up to one year old)
Live sheep other than pure-bred breeding animals and lambs
Live goats other than pure-bred breeding animals
Meat of sheep or goats, fresh, chilled or frozen
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
Edible offal of sheep and goats, salted, in brine, dried or smoked
Fats of sheep or goats, other than those of 1503
Other prepared or preserved meat or meat offal of sheep or goats, uncooked;
mixtures of cooked and uncooked meat or offal
Other prepared or preserved meat or meat offal of sheep or goats, other than
uncooked or mixtures of cooked and uncooked meat or offal

Part XIX: Eggs

As regards eggs, this Regulation shall cover the products listed in the following table:

(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

Poultry eggs, in shell, fresh, preserved or cooked

Description

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

Part XX: Poultrymeat

As regards poultrymeat, this Regulation shall cover the products listed in the following table:

CN code

Description

(a)

0105

(b)

ex 0207

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)

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CN code

Description

(c)

0207 13 91

Poultry livers, fresh, chilled or frozen

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

(d)

(e)

(f)

Poultry livers, salted, in brine, dried or smoked

Poultry fat, not rendered or otherwise extracted, 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

Part XXI: Other products

CN code

Description

ex 0101

Live horses, asses, mules and hinnies:

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

– 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

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CN code

Description

ex 0203

Meat of swine, fresh, chilled or frozen:

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 0206

ex 0206 10

0206 10 10

– Fresh or chilled:

– – Carcasses and half-carcasses:

– – – 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:

– – Carcasses and half-carcasses:

– – – 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 asses, mules or hinnies, fresh, chilled or 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)

– Of bovine animals, frozen:

ex 0206 22 00

– – Livers:

ex 0206 29

0206 29 10

ex 0206 30 00

– – – For the manufacture of pharmaceutical products (c)

– – Other:

– – – For the manufacture of pharmaceutical products (c)

– Of swine, fresh or chilled:

– – For the manufacture of pharmaceutical products (c)

– – Other:

– – – other than of domestic swine

– Of swine, frozen:

ex 0206 41 00

– – Livers:

– – – For the manufacture of pharmaceutical products (c)

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

– – – Other:

– – – – other than of domestic swine

– – Other:

– – – Of domestic swine:

– – – – For the manufacture of pharmaceutical products (c)

– – – 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:

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CN code

Description

0206 90 91

– – – Of horses, asses, mules and hinnies

0208

ex 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

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

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

– – – – 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:

0511 91

– – Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead

animals of Chapter 3

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CN code

Description

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

– – 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:

0710 80 59

– – – Other than sweet peppers

ex 0711

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:

ex 0711 90

– Other vegetables; mixtures of vegetables:

– – Vegetables:

0711 90 10

– – – – Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers

ex 0713

ex 0713 10

0713 10 90

ex 0713 20 00

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.):

ex 0713 31 00

– – Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek:

ex 0713 32 00

– – Small red (Adzuki) beans (Phaseolus or Vigna angularis):

– – – Other than for sowing

ex 0713 33

0713 33 90

ex 0713 39 00

– – – Other than for sowing

– – Kidney beans, including white pea beans (Phaseolus vulgaris):

– – – Other than for sowing

– – Other:

– – – Other than for sowing

ex 0713 40 00

– Lentils:

– – – Other than for sowing

ex 0713 50 00

– Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia

faba var. minor):

– – Other than for sowing

ex 0713 90 00

– Other:

– – Other than for sowing

0801

ex 0802

ex 0802 90

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:

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CN code

Description

ex 0802 90 20

– – Areca (or betel) and cola

ex 0804

Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried:

0804 10 00

– Dates

0902

ex 0904

0905 00 00

0906

0907 00 00

0908

0909

ex 0910

ex 1106

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, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and
saffron

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:

1106 10 00

– Of the dried leguminous vegetables of heading 0713

ex 1106 30

– Of the products of Chapter 8:

1106 30 90

– – Other than bananas

ex 1108

1108 20 00

1201 00 90

1202 10 90

1202 20 00

1203 00 00

1204 00 90

1205 10 90 and

ex 1205 90 00

1206 00 91

1206 00 99

1207 20 90

1207 40 90

1207 50 90

1207 91 90

1207 99 91

Starches; inulin:

– Inulin

Soya beans, whether or not broken, other than for sowing

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

Linseed, whether or not broken, other than for sowing

Rape or colza seeds, whether or not broken, other than for sowing

Sunflower seeds, whether or not broken, other than for sowing

Cotton seeds, whether or not broken, other than for sowing

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

ex 1207 99 97

Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing

1208

1211

ex 1212

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:

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CN code

Description

ex 1212 20 00

– Seaweeds and other algae used primarily in pharmacy or for human consumption

ex 1212 99

1212 99 41
and 1212 99 49

ex 1212 99 70

1213 00 00

ex 1214

– Other:

– – Other than sugar cane :

– – – 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:

ex 1214 10 00

– Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of

ex 1214 90

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

lucerne otherwise dried and ground

– Other:

– – 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

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CN code

1522 00 99

Other residues resulting from the treatment of fatty substances or animal or
vegetable waxes, excluding those containing oil having the characteristics of olive oil

Description

ex 1602

Other prepared or preserved meat, meat offal or blood:

ex 1602 41

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 99

2005 99 10

ex 2206

2206 00 31 to
2206 00 89

ex 2301

– Of swine:

– – Hams and cuts thereof:

– – – 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:

2301 10 00

– Flours, meals and pellets, of meat or meat offal; greaves

ex 2302

2302 50 00

2304 00 00

2305 00 00

ex 2306

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

Oilcake and other solid residues, whether or not ground or in the form of pellets,
resulting from the extraction of vegetable fats or oils, other than those of heading
2304 or 2305 with the exception of CN subheading 2306 90 05 (oilcake and other
solid residues resulting from the extraction of maize (corn) germ) and 2306 90 11
and 2306 90 19 (oilcake and other solid residues resulting from the extraction of
olive oil)

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CN code

Description

ex 2307 00

2307 00 90

ex 2308 00

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:

2308 00 90

– – Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit,

ex 2309

ex 2309 10

2309 10 90

ex 2309 90

2309 90 10

ex 2309 90 91 to
2309 90 99

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
maltodextrine syrup of subheadings 1702 30 51 to 1702 30 99, 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
1702 30 99,

maltodextrine
subheadings
1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding

1702 30 51

syrup

to

of

– 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 (see Council Directive 94/28/
EC (OJ L 178, 12.7.1994, p. 66); Commission 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.

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ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3)

1.

As regards ethyl alcohol, this Regulation shall cover the products listed in the following table:

Part I: Ethyl alcohol of agricultural origin

CN code

Description

ex 2207 10 00

ex 2207 20 00

ex 2208 90 91
and
ex 2208 90 99

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.

As regards apiculture products, this Regulation shall cover the products listed in the following table:

Part II: Apiculture products

CN code

Description

0409

ex 0410 00 00
ex 0511 99 85
ex 1212 99 70
ex 1521 90

Natural honey
Royal jelly and propolis, edible
Royal jelly and propolis, non-edible
Pollen
Beeswax

As regards silkworms, this Regulation shall cover silkworms falling within CN subheading ex 0106 90 00 and silkworm
eggs falling within CN subheading ex 0511 99 85.

Part III: Silkworms

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ANNEX III

DEFINITIONS REFERRED TO IN ARTICLE 2(1)

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)

(c)

(d)

‘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’.

‘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.

‘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)

(ii)

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;

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.

II.

As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:

A.

B.

C.

‘Whole grains’ means grains from which only part of the end has been removed, irrespective of characteristics
produced at each stage of milling.

‘Clipped grains’ means grains from which the entire end has been removed.

‘Broken grains or fragments’ means 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’),

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— 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’ means grains which are not fully ripened.

E.

‘Grains showing natural malformation’ means grains showing a natural malformation whether or not of
hereditary origin, as compared with the morphological characteristics typical of the variety.

F.

‘Chalky grains’ means grains at least three-quarters of the surface of which looks opaque and chalky.

G.

H.

I.

J.

K.

‘Grains striated with red’ means grains showing longitudinal red striations of differing intensity and shades, due
to residues from the pericarp.

‘Spotted grains’ means 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.

‘Stained grains’ means 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.

‘Yellow grains’ means 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.

‘Amber grains’ means 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.

1.

2.

3.

4.

5.

6.

7.

8.

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’,
production attributed to a specific marketing year under the quota of the undertaking concerned;

‘quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup

‘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 62(2);

isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production
‘industrial
attributed to a specific marketing year, intended for the production by the industry of one of the products referred to
in Article 62(2);

‘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);

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9.

‘quota beet’ means all sugar beet processed into quota sugar;

10.

‘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 XIX 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 India (1);

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

‘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;

‘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;

1.

2.

3.

4.

5.

‘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

1.

‘bovine animals’ means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05
to 0102 90 79;

2.

‘adult bovine animals’ means bovine animals the live weight of which is more than 300 kilograms.

(1) OJ L 190, 23.7.1975, p. 36.

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1.

2.

1.

2.

3.

4.

1.

2.

3.

4.

Part V: Definitions concerning the milk and milk products 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 119 concerning the use of casein and caseinates in the manufacture of
cheese:

(a)

‘cheese’ means products covered by CN code 0406 and manufactured within the Community territory;

(b)

‘casein and caseinates’ means 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.

Part VII: Definitions concerning the poultrymeat 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;

(e)

products specified in points (d) and (e) of Part XX of Annex I;

(f)

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.

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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;

(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 oC;

(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.

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L 299/93

ANNEX IV

STANDARD QUALITY OF RICE AND SUGAR

A.

Standard quality for paddy rice

Paddy rice of standard quality shall:

(a)

be of a sound and fair marketable quality, free of odour;

(b)

contain a moisture content of maximum 13 %;

(c)

have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of
which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:

chalky grains of paddy rice under CN codes CN 1006 10 27 and CN 1006 10 98

chalky grains of paddy rice under CN codes other than CN 1006 10 27 and CN
1006 10 98:

grains striated with red

spotted grains

stained grains

yellow grains

amber grains

B.

Standard qualities for sugar

I.

Standard quality for sugar beet

Standard quality beet shall:

1,5 %

2,0 %

1,0 %

0,50 %

0,25 %

0,02 %

0,05 %

(a)

be of sound and fair merchantable quality;

(b)

have a sugar content of 16 % at the reception point.

II.

Standard quality for white sugar

1. White sugar of the standard quality shall have the following characteristics:

(a)

be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-
flowing;

(b) minimum polarisation: 99,7;

(c) maximum moisture content: 0,06 %;

(d) maximum invert sugar content: 0,04 %;

(e)

the number of points determined under paragraph 2 shall not exceed a total of 22, nor:

— 15 for the ash content,

— 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural

Technology (hereinafter referred to as the Brunswick method),

— 6 for the colouring of the solution, determined using the method of the International
Commission for Uniform Methods of Sugar Analysis (hereinafter referred to as the ICUMSA
method).

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16.11.2007

2.

One point shall correspond to:

(a)

0,0018 % of ash content determined using the ICUMSA method at 28o Brix,

(b)

0,5 units of colour type determined using the Brunswick method,

(c)

7,5 units of colouring of the solution determined using the ICUMSA method.

3.

The methods for determining the factors referred to in paragraph 1 shall be those used for determining
those factors under the intervention measures.

III.

Standard quality for raw sugar

1.

2.

Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %.

The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:

(a)

its percentage ash content multiplied by four;

(b)

its percentage invert sugar content multiplied by two;

(c)

the number 1.

3.

The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that
sugar multiplied by two.

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Official Journal of the European Union

L 299/95

COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 42

ANNEX V

A.

Community scale for the classification of carcasses of adult bovine animals

I.

Definitions

The following definitions shall apply:

1.

2.

'carcass': the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;

'half-carcass': the product obtained by separating the carcass referred to in point (1) symmetrically through
the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and
the ischiopubic symphysis.

II.

Categories

The carcasses shall be divided into the following categories:

A: carcasses of uncastrated young male animals of less than two years of age;

B:

C:

carcasses of other uncastrated male animals;

carcasses of castrated male animals;

D: carcasses of female animals that have calved;

E:

carcasses of other female animals.

III.

Classification

The carcasses shall be classified by successive assessment of:

1.

Conformation, defined as follows:

Development of carcass profiles, in particular the essential parts (round, back, shoulder)

Conformation class

Description

S
Superior

E
Excellent

U
Very good

R
Good

O
Fair

P
Poor

All profiles extremely convex; exceptional muscle development (double muscled
carcass type)

All profiles convex to super-convex; exceptional muscle development

Profiles on the whole convex, very good muscle development

Profiles on the whole straight; good muscle development

Profiles straight to concave; average muscle development

All profiles concave to very concave; poor muscle development

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2.

Fat cover, defined as follows:

Amount of fat on the outside of the carcass and in the thoracic cavity

Class of fat cover

Description

1
low

2
slight

3
average

4
high

5
very high

None up to low fat cover

Slight fat cover, flesh visible almost everywhere

Flesh with the exception of the round and shoulder, almost everywhere covered
with fat, slight deposits of fat in the thoracic cavity

Flesh covered with fat, but on the round and shoulder still partly visible, some
distinctive fat deposits in the thoracic cavity

Entire carcass covered with fat; heavy deposits in the thoracic cavity

Member States shall be authorised to subdivide each of the classes provided for in points 1. and 2. into a
maximum of three subclasses.

IV.

Presentation

Carcasses and half-carcasses shall be presented:

1.

2.

without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital
joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints,

without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the
kidney fat and the pelvic fat,

3.

without the sexual organs and the attached muscles and without the udder or the mammary fat.

For the purpose of establishing market prices, a different presentation may be set out in accordance with the
procedure referred to in Article 195(2).

V.

Classification and identification

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and the
Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1) shall take measures to
ensure that all carcasses or half-carcasses from adult bovine animals slaughtered in such slaughterhouses and
bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to
Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific rules for the organisation of official controls on products of animal origin intended for human
consumption (2) are classified and identified in accordance with the Community scale.

Before identification by marking, Member States may grant authorisation to have the external fat removed from
the carcasses or half-carcasses if this is justified by the fat cover.

B.

Community scale for the classification of pig carcasses

I.

Definition

'carcass' shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.

(1) OJ L 139, 30.4.2004, p. 55. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 139, 30.4.2004, p. 206. Regulation as last amended by Regulation (EC) No 1791/2006.

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II.

Classification

Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:

Classes

Lean meat as percentage of carcass weight

S

E

U

R

O

P

60 or more (*)

55 or more

50 or more but less than 55

45 or more but less than 50

40 or more but less than 45

less than 40

(*) Member States may introduce, for pigs slaughtered in their territory, a separate class of 60 % or more of lean meat

designated with the letter S.

III.

Presentation

Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

With regard to pigs slaughtered in their territory, the Member States may be authorised to provide for a different
presentation of pig carcasses if one of the following conditions is fulfilled:

1.

2.

3.

if normal commercial practice in their territory differs from the standard presentation defined in the first
subparagraph,

if technical requirements warrant it,

if carcasses are dehided in a uniform manner.

IV.

Lean-meat content

1.

2.

The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only
statistically proven assessment methods based on the physical measurement of one or more anatomical
parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to
compliance with a maximum tolerance for statistical error in assessment.

However, the commercial value of the carcasses shall not be determined solely by their estimated lean-
meat content.

V.

Identification of carcasses

Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in
accordance with the Community scale.

C.

Community scale for the classification of sheep carcasses

I.

Definition

As regards the terms 'carcass' and 'half-carcass' the definitions laid down in point A.I shall apply.

II.

Categories

The carcasses shall be divided into the following categories:

A

B

carcasses of sheep under 12 months old,

carcasses of other sheep.

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III.

Classification

1.

2.

The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis.
However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be
replaced by the term 'hindquarter'.

By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be
authorised by the Commission, without the assistance of the Committee referred to in Article 195(1), to
use the following criteria for classification:

(a)

carcass weight,

(b)

colour of meat,

(c)

fat cover.

IV.

Presentation

Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet
(severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh
caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the
carcass.

However, Member States shall be authorised to permit different presentations when the reference presentation is
not used. In such instances, the adjustments necessary to progress from those presentations to the reference
presentation shall be determined in accordance with the procedure laid down in Article 195(2).

V.

Identification of carcasses

Classified carcasses and half-carcasses shall be identified by marking in accordance with the Community scale.

16.11.2007

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L 299/99

NATIONAL AND REGIONAL QUOTAS REFERRED TO IN ARTICLES 56 AND 59

ANNEX VI

Member State or region
(1)

Sugar (tonnes)
(2)

Isoglucose (tonnes)
(3)

Inulin syrup (tonnes)
(4)

Belgium
Bulgaria
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
Romania
Slovakia
Slovenia
Finland
Sweden
United Kingdom

862 077
4 752
367 937,8
420 746
3 655 455,5
158 702
887 163,7
3 640 441,9
480 244,5
0
753 845,5
0
103 010
298 591
876 560
405 812,4
1 772 477
15 000
9 953
109 164
140 031
0
90 000
325 700
1 221 474

99 796
78 153
—
—
49 330,2
17 973
110 111
—
—
—
28 300
—
—
191 845
12 683,6
—
37 331
13 823
—
13 913
59 308,3
—
16 548
—
37 967

TOTAL

16 599 138,3

767 082,1

0
—
—
—
—
—
—
0
—
—
—
—

—
0
—
—
—
—
—
—
—
—
—
—

0

SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN ARTICLE 58(2)

ANNEX VII

Member State

Additional quota (tonnes)

Italy

Lithuania

Sweden

60 000

8 000

35 000

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16.11.2007

ANNEX VIII

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH
ARTICLE 60

For the purposes of this Annex:

I

(a)

'merger of undertakings' means the consolidation of two or more undertakings into a single undertaking;

(b)

(c)

(d)

'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.

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:

II

(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 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.

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4. Where the derogation referred to in Article 50(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.

5.

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.

6. 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.

7. 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.

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.

IV

The measures taken pursuant to Points II and III may take effect only if the following conditions are met:

(a)

(b)

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;

(c)

they concern undertakings established in the same territory for which the quota is set in Annex VI.

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.

VI

Where Article 59(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.

VII

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Official Journal of the European Union

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NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES REFERRED TO IN ARTICLE 66

ANNEX IX

1.

National quotas

Member State

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

Member State

Bulgaria
Romania

Tonnes

3 360 087,000
979 000,000
2 737 931,000
4 522 176,000
28 281 784,697
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
2 791 645,558
9 380 143,000
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

Tonnes

39 180
188 400

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L 299/103

ANNEX X

REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70

Member State

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

g/kg

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
38,50
41,30
37,10
43,40
43,40
39,70

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ANNEX XI

A.

Apportionment of the maximum guaranteed quantity among the Member States referred to in Article 94(1):

Member State

Tonnes

Belgium
Bulgaria
Czech Republic
Germany
Estonia
Spain
France
Latvia
Lithuania
Netherlands
Austria
Poland
Portugal
Romania
Slovakia
Finland
Sweden
United Kingdom

13 800
13
1 923
300
30
50
55 800
360
2 263
4 800
150
924
50
42
73
200
50
50

B.

Apportionment of the maximum guaranteed quantity among the Member States referred to in Article 89

Member State

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

Tonnes

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

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L 299/105

DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS REFERRED TO IN
ARTICLE 114(1)

ANNEX XII

I.

Definitions

For the purposes of this Annex:

(a)

'marketing' means holding or display with a view to sale, offering for sale, sale, delivery or any other manner of
placing on the market;

(b)

'designation' means the name used at all stages of marketing.

II.

Use of the term 'milk'

1.

The term 'milk' means 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 114(2) in conjunction with Annex XIII;

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.

'milk products' means products derived exclusively from milk, on the
For the purposes of this Annex,
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,

(xii) viili/fil,

(xiii) smetana,

(xiv)

fil;

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(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 foodstuffs (1), actually used for milk products.

3.

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.

4.

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.

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.

2.

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 advertising (2) or any form of presentation, 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.

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).

Member States shall, where necessary, make additions to this list subsequently and inform the Commission
thereof.

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.

(1) 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).
(2) 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).

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Official Journal of the European Union

L 299/107

MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN ARTICLE 114(2)

ANNEX XIII

I.

Definitions

For the purposes of this Annex:

(a)

‘milk’ means the produce of the milking of one or more cows;

(b)

‘drinking milk’ means the products referred to in point III intended for delivery without further processing to the
consumer;

(c)

‘fat content’ means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;

(d)

‘protein content’ means 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).

II.

Delivery or sale to the final consumer

1.

2.

3.

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 oC 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)

(ii)

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;

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);

(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;

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(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 foodstuffs (1). 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)

(b)

(c)

have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the
drinking milk collected;

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 oC or the equivalent weight per litre for milk having a different fat content;

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.

VI.

Controls and penalties and their reporting

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with
Article 194 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.

(1) 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).

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Official Journal of the European Union

L 299/109

MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POULTRYMEAT SECTORS REFERRED TO
IN ARTICLE 116

ANNEX XIV

A.

Marketing standards for eggs of hens of the Gallus gallus species

I.

Scope

1. Without prejudice to Part C of this Annex concerning the provisions on the production and marketing of eggs
for hatching and of farmyard poultry chicks, this Part shall apply in relation to the marketing within the
Community of the eggs produced in the Community, imported from third countries or intended for export
outside the Community.

2.

Member States may exempt from the requirements provided for in this Part of this Annex, with the exception of
point III(3), eggs sold directly to the final consumer by the producer:

(a)

on the production site, or

(b)

in a local public market or by door-to-door selling in the region of production of the Member State
concerned.

Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or
not. Where this exemption is applied, no quality and weight grading may be used.

The Member State may establish, according to national law, the definition of the terms ‘local public market’,
‘door-to-door selling’ and ‘region of production’.

II.

Quality and weight grading

1.

Eggs shall be graded by quality as follows:

— Class A or ‘fresh’,

— Class B.

2.

Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered
to the food and non-food industry.

3.

Class B eggs shall only be delivered to the food and non-food industry.

III. Marking of eggs

1.

Class A eggs shall be marked with the producer code.

Class B eggs shall be marked with the producer code and/or with another indication.

Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on
their territory.

2.

3.

The marking of eggs in accordance with point 1 shall take place at the production site or at the first packing
centre to which eggs are delivered.

Eggs sold by the producer to the final consumer on a local public market in the region of production of the
Member State concerned shall be marked in accordance with point 1.

However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that
the name and address of the producer are indicated at the point of sale.

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IV.

Import of eggs

1.

2.

3.

The Commission, without the assistance of the Committee referred to in Article 195(1), shall evaluate marketing
standards for eggs applicable in exporting third countries on request of the country concerned. This evaluation
shall extend to the rules on marking and labeling, farming methods and controls as well as implementation. If it
finds that the rules applied offer sufficient guarantees as to equivalence with Community legislation, eggs
imported from the countries concerned shall be marked with a distinguishing number equivalent to the
producer code.

The Commission, without the assistance of the Committee referred to in Article 195(1), shall, where necessary,
conduct negotiations with third countries aimed at finding appropriate ways of offering guarantees as referred
to in point 1 and concluding agreements on such guarantees.

If sufficient guarantees as to equivalence of rules are not provided, imported eggs from the third country
concerned shall bear a code permitting the identification of the country of origin and the indication that the
farming method is ‘unspecified’.

B.

Marketing standards for poultrymeat

I.

Scope

1. Without prejudice to Part C of this Annex concerning the provisions on the production and marketing of eggs
for hatching and of farmyard poultry chicks, this Part shall apply in relation to the marketing, within the
Community by way of business or trade, of certain types and presentations of poultrymeat of the following
species as set out to in Part XX of Annex I:

— Gallus domesticus,

— ducks,

— geese,

— turkeys,

— guinea fowls.

2.

This Part shall not apply:

(a)

(b)

to poultrymeat for export from the Community;

to delayed eviscerated poultry as referred to in Regulation (EC) No 853/2004 of the European Parliament
and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (1).

3.

Member States may derogate from the requirements of this Regulation in cases of direct supply of small
quantities of poultrymeat as referred to in point (d) of Article 1(3) of Regulation (EC) No 853/2004 by a
producer with an annual production of under 10 000 birds.

II.

Definitions

Without prejudice to further definitions to be laid down by the Commission for the purpose of the application of this
Part:

1.

2.

3.

'poultrymeat' means poultrymeat suitable for human consumption, which has not undergone any treatment
other than cold treatment;

'fresh poultrymeat' means poultrymeat not stiffened by the cooling process, which is to be kept at a temperature
not below − 2 oC and not higher than 4 oC at any time. However, Member States may fix different temperature
requirements for the cutting and storage of fresh poultrymeat performed in retail shops or in premises adjacent
to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer
directly on the spot;

'frozen poultrymeat' means poultrymeat which must be frozen as soon as possible within the constraints of
normal slaughtering procedures and is to be kept at a temperature no higher than − 12 oC at any time. Certain
tolerances may, however, be fixed by the Commission;

(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Regulation (EC) No 1791/

2006 (OJ L 363, 20.12.2006, p. 1).

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4.

'quick-frozen poultrymeat' means poultrymeat which is to be kept at a temperature no higher than − 18 oC at
any time within the tolerances as provided for in Council Directive 89/108/EEC of 21 December 1988 on the
approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (1).

III. Quality and weight grading

1.

Poultrymeat shall be graded by quality as either Class A or Class B according to the conformation and
appearance of the carcasses or cuts.

Class A shall be subdivided into A 1 and A 2 in accordance with criteria to be determined by the Commission.

This classification shall take account, in particular, of flesh development, the presence of fat and the amount of
damage and contusions.

2.

Poultrymeat shall be marketed in one of the following conditions:

— fresh,

— frozen, or

— quick-frozen.

3.

Prepackaged frozen or quick-frozen poultrymeat may be classified by weight category.

C.

I.

Marketing standards for the production and marketing of eggs for hatching and of farmyard poultry chicks

Scope

1.

2.

This Part shall apply in relation to the marketing and transport of eggs for hatching and of chicks as well as the
incubation of eggs for hatching as regards trade within the Community or commercial purposes.

However, pedigree breeding and other breeding establishments with less than 100 birds and hatcheries with a
capacity of less than 1 000 eggs for hatching shall not be bound by this Part.

II. Marking and packing of eggs for hatching

1.

2.

3.

Eggs for hatching, used for chick production, shall be marked individually.

Eggs for hatching shall be transported in perfectly clean packs, containing only eggs for hatching of the same
species, category and type of poultry, originating in one establishment.

The packing of eggs for hatching to be imported from third countries shall contain only eggs for hatching of the
same species, category and type of poultry from the same country of origin and sender.

III.

Packing of chicks

1.

2.

3.

The chicks shall be packed by species, type and category of poultry.

The boxes shall contain only chicks from the same hatchery and shall show at least the distinguishing number of
the hatchery.

Chicks originating in third countries may be imported only if they are grouped in accordance with point 1. The
boxes must contain only chicks from the same country of origin and sender.

(1) OJ L 40, 11.2.1989, p. 51. Directive as last amended by Directive 2006/107/EC (OJ L 363, 20.12.2006, p. 411).

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MARKETING STANDARDS APPLYING TO SPREADABLE FATS REFERRED TO IN ARTICLE 115

ANNEX XV

I.

Sales descriptions

1.

2.

The products referred to in Article 115 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 III(2) and (3) 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.

II.

Labelling and presentation

1.

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)

(d)

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;

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 20 March 2006
on agricultural products and foodstuffs as traditional specialities guaranteed (1).

Indications of geographical origin may also be used subject to Council Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications and designations of origin for agricultural
products and foodstuffs (2).

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.

2.

3.

4.

5.

(1) OJ L 93, 31.3.2006, p. 1.
(2) OJ L 93, 31.3.2006, p. 12.

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6.

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.

III.

Terminology

1.

2.

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.

3.

By way of derogation from paragraph 2 and in addition:

(a)

(b)

the term 'reduced-fat' may 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.

2.

3.

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.

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.

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).

VI.

Penalties

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with
Article 194, Member States shall specify the effective penalties to be imposed in the case of breach of Article 115 and
this Annex and, where appropriate, the national measures relevant for its enforcement and inform the Commission
thereof.

Fat group

Definitions

A. Milk fats
Products in the form of a solid, malleable emulsion, principally
of the water-in-oil type, derived exclusively from milk and/or
is the essential
certain milk products,
constituent of value. However, other substances necessary for
their manufacture may be added, provided those substances are
not used for the purpose of replacing, either in whole or in part,
any milk constituents.

for which the fat

Fats

B.
Products in the form of a solid, malleable emulsion, principally
of
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.

the water-in-oil

the water-in-oil

Fats composed of plant and/or animal products

C.
Products in the form of a solid, malleable emulsion principally
type, derived from solid and/or liquid
of
vegetable and/or animals fats suitable for human consumption,
with a milk-fat content of between 10 % and 80 % of the fat
content.

Appendix to Annex XV

Sales description

Butter

Three-quarter fat butter (*)
Half fat butter (**)
Dairy spread X %

Margarine

Three-quarter-fat margarine (***)

Half-fat margarine (****)

Fat spreads X %

Blend

Three-quarter-fat blend (*****)

Half-fat blend (******)

Blended spread X %

1.

2.
3.
4.

1.

2.

3.

4.

1.

2.

3.

4.

Additional description of the category with an indication of the % fat content by weight

Product categories

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 %.
The product with a milk-fat content of not less than 60 % but not more than 62 %.
The product with a milk-fat content of not less than 39 % but not more than 41 %.
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 %.

The product obtained from vegetable and/or animal fats with a fat content of not less than 80 % but less
than 90 %.
The product obtained from vegetable and/or animal fats with a fat content of not less than 60 % but nor
more than 62 %.
The product obtained from vegetable and/or animal fats with a fat content of not less than 39 % but not
more than 41 %.
The product obtained from 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 %.

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 %.

L

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a
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a
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corresponding to ‘smør 60’ in Danish.
(*)
corresponding to ‘smør 40’ in Danish.
(**)
corresponding to ‘margarine 60’ in Danish.
(***)
corresponding to ‘margarine 60’ in Danish.
(****)
(*****)
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.

.

1
6
1
1
2
0
0
7

.

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L 299/115

DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS REFERRED TO IN
ARTICLE 118

ANNEX XVI

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.

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.

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ANNEX XVII

IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND 139

1.

Import duties for husked rice

(a)

EUR 30 per tonne in the following cases:

(i)

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 Article 137(3), less
15 %;

(ii) 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
Article 137(3), less 15 %;

(b)

EUR 42,5 per tonne in the following cases:

(i)

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 Article 137(3), less 15 %, but
do not exceed that same annual reference quantity plus 15 %;

(ii) 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 Article 137(3), less 15 %, but do
not exceed that same partial reference quantity plus 15 %;

(c)

EUR 65 per tonne in the following cases:

(i)

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 Article 137(3), plus 15 %;

(ii) 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 Article 137
(3), plus 15 %.

2.

Import duties for milled rice

(a)

EUR 175 per tonne in the following cases:

(i)

where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended
exceed 387 743 tonnes;

(ii) 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:

(i)

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;

(ii) 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.

16.11.2007

EN

Official Journal of the European Union

L 299/117

ANNEX XVIII

VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138

Basmati 217

Basmati 370

Basmati 386

Kernel (Basmati)

Pusa Basmati

Ranbir Basmati

Super Basmati

Taraori Basmati (HBC-19)

Type-3 (Dehradun)

L 299/118

EN

Official Journal of the European Union

16.11.2007

STATES REFERRED TO IN ARTICLES 153(3) AND 154(1)(b) AND IN POINT 12 OF PART II OF ANNEX III

ANNEX XIX

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

16.11.2007

EN

Official Journal of the European Union

L 299/119

ANNEX XX

LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGG SECTORS FOR THE PURPOSE OF
ARTICLE 26(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF
CHAPTER III OF PART III

CN code

ex 0403

0403 10

0403 10 51 to
0403 10 99

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

0403 90

– Other:

0403 90 71 to
0403 90 99

– – Flavoured or containing added fruit, nuts or cocoa

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

0710 40 00

– Sweetcorn

ex 0711

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:

0711 90 30

– Sweetcorn

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

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:

1902 11 00

– – Containing eggs

1902 19

ex 1902 20

1902 20 91

1902 20 99

1902 30

1902 40

– – Other

– Stuffed pasta, whether or not cooked or otherwise prepared:

– – Other:

– – – Cooked

– – – Other

– Other pasta

– Couscous

L 299/120

EN

Official Journal of the European Union

16.11.2007

CN code

1903 00 00

1904

1905

ex 2001

2001 90 30

2001 90 40

ex 2004

2004 10

2004 10 91

2004 90

2004 90 10

ex 2005

2005 20

2005 20 10

2005 80 00

ex 2008

Description

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:

2008 99

– – Other:

– – – Not containing added spirit:

– – – – Not containing added sugar:

2008 99 85

2008 99 91

ex 2101

2101 12

2101 12 98

2101 20

2101 20 98

2101 30

– – – – – 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

– 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:

2101 30 19

– – – Other

– – Extracts, essences and concentrates of roasted chicory and other roasted coffee

substitutes:

2101 30 99

– – – Other

ex 2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including
vaccines of heading 3002); prepared baking powders:

2102 10

2102 10 31 and
2102 10 39

– Active yeasts

– – Bakers' yeast

16.11.2007

EN

Official Journal of the European Union

L 299/121

CN code

Description

2105 00

ex 2106

2106 90

2106 90 92

2106 90 98

2202

2205

ex 2208

2208 30

2208 30 32 to
2208 30 88

2208 50

2208 60

2208 70

2208 90

2208 90 41

2208 90 52

2208 90 54

2208 90 56

2208 90 69

2208 90 75

2208 90 77

2208 90 78

2905 43 00

2905 44

ex 3302

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 spirit drinks:

– Whiskies:

– – Other than Bourbon whiskey

– Gin and Geneva

– Vodka

– Liqueurs and cordials

– Other:

– – Other spirits and other spirit drinks, in containers holding:

– – – 2 litres or less:

– – – – Ouzo

– – – – Other:

– – – – – Spirits (excluding liqueurs):

– – – – – – Other:

– – – – – – – Korn

– – – – – – – Tequila

– – – – – – – Other

– – – – – Other spirit drinks

– – – More than 2 litres:

– – – – Spirits (excluding liqueurs):

– – – – – Tequila

– – – – – Other

– – – – Other spirit drinks

– – 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:

3302 10

– 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:

3302 10 29

3505

ex 3809

– – – – 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:

3809 10

3824 60

– With a basis of amylaceous substances

– Sorbitol other than that of subheading 2905 44

L 299/122

EN

Official Journal of the European Union

16.11.2007

CN code

ex 0403

0403 10

0403 10 51 to
0403 10 99

0403 90

0403 90 71 to
0403 90 99

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

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa:

1704 90 51 to
1704 90 99

– – Other

ex 1806

ex 1901

1901 10 00

1901 20 00

1901 90

1901 90 11 to
1901 90 19

1901 90 99

ex 1902

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 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:

1902 20

– Stuffed pasta, whether or not cooked or otherwise prepared:

1902 20 91

1902 20 99

1902 30

1902 40

1902 40 90

1904

ex 1905

– – 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:

1905 90 20

– – Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing

wafers, rice paper and similar products

ex 2004

2004 10

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen,
other than products of heading 2006:

– Potatoes:

– – Other:

2004 10 91

– – – In the form of flour, meal or flakes

ex 2005

2005 20

2005 20 10

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

16.11.2007

EN

Official Journal of the European Union

L 299/123

CN code

ex 2101

2101 12

2101 12 98

2101 20

2101 20 98

2105 00

ex 2106

2106 90

2106 90 92

Description

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:

– – 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

2106 90 98

– – – Other

ex 3505

ex 3809

Dextrins and other modified starches (for example, pregelatinised or 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:

3809 10

– With a basis of amylaceous substances

CN code

ex 0403

0403 10

0403 10 51 to
0403 10 99

0403 90

0403 90 71 to
0403 90 99

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

ex 0710

Vegetables (uncooked or cooked by steaming or by boiling in water), frozen:

0710 40 00

– Sweetcorn

ex 0711

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:

0711 90

– Other vegetables; mixtures of vegetables:

0711 90 30

1702 50 00

ex 1704

1806

ex 1901

1901 10 00

1901 20 00

1901 90

1901 90 99

– – 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:

– – Other:

– – – Other

L 299/124

EN

Official Journal of the European Union

16.11.2007

CN code

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

2005 20
2005 20 10
2005 80 00

ex 2101

Description

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):
– 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:

2101 12

– – – Preparations with a basis of these extracts, essences or concentrates or with a basis of

coffee:

2101 12 98
2101 20

2101 20 98
2101 30

– – – – 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

concentrates thereof:

roasted coffee substitutes, and extracts, essences and

– – Roasted chicory and other roasted coffee substitutes:

16.11.2007

EN

Official Journal of the European Union

L 299/125

CN code

Description

2101 30 19

– – – Other

2101 30 99

2105 00

ex 2106

ex 2106 90

2106 90 92

2106 90 98

2202

2205

ex 2208

2208 20

ex 2208 50

2208 70

ex 2208 90

2208 90 41 to
2208 90 78

2905 43 00

2905 44

ex 3302

– – 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:

– – 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 spirit drinks:

– Spirits obtained by distilling grape wine or grape marc

– Geneva

– Liqueurs and cordials

– Other

– – Other spirits and spirit drinks

– – 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:

3302 10

– 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 %)

3302 10 29

ex Chapter 38

3824 60

– – – – – Other

Miscellaneous chemical products:

– Sorbitol other than that of subheading 2905 44

Part IV: Milk

CN code

Description

ex 0405

Butter and other fats and oils derived from milk; dairy spreads:

0405 20

0405 20 10

0405 20 30

ex 1517

1517 10

1517 10 10

1517 90

1517 90 10

– 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

L 299/126

EN

Official Journal of the European Union

16.11.2007

CN code

Description

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

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 2004

2004 10

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 ex 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:

– – – 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:

2004 10 91

– – – In the form of flour, meal or flakes

ex 2005

2005 20

2005 20 10

2105 00

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

16.11.2007

EN

Official Journal of the European Union

L 299/127

CN code

ex 2106

2106 90

Food preparations not elsewhere specified or included:

Description

– Other:

– – Other:

2106 90 92

– – – 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

2106 90 98

– – – Other

ex 2202

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:

2202 90

– Other:

– – Other, containing by weight of fat obtained from the products of headings 0401

to 0404:

2202 90 91

2202 90 95

2202 90 99

ex 2208

2208 70

2208 90

– – – 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 spirit drinks:

– Liqueurs and cordials

– Other:

– – Other spirits and spirit drinks, in containers holding:

– – – 2 litres or less:

– – – – Other:

2208 90 69

– – – – – Other spirit drinks

2208 90 78

– – – – Other spirit drinks

– – – More than 2 litres:

ex 3302

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:

3302 10

– 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:

3302 10 29

3501

ex 3502

– – – – Other:

– – – – – 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:

3502 20

– Milk albumin, including concentrates of two or more whey proteins:

– – Other:

3502 20 91

3502 20 99

– – – Dried (for example in sheets, scales, flakes, powder)

– – – Other

CN code

ex 0403 10 51 to
ex 0403 10 99 and
ex 0403 90 71 to
ex 0403 90 99

1806

ex 1901

Part V: Eggs

Description

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk
and cream, flavoured or containing added fruit, nuts or cocoa, 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

1902 11 00

– Uncooked pasta, not stuffed or otherwise prepared, containing eggs

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CN code

Description

ex 1904

ex 1905

1905 20
1905 31
1905 32
1905 40
ex 1905 90

ex 2105 00
2208

ex 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
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 the exception of products falling within subheading 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 spirit drinks:
– – 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

LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE GRANTING OF EXPORT
REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III

ANNEX XXI

The products listed in point (b) of Part X of Annex I.

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ANNEX XXII

CORRELATION TABLES REFERRED TO IN ARTICLE 202

1.

Regulation (EEC) No 234/68

Regulation (EEC) No 234/68

This Regulation

Article 1
Article 2
Article 3 to 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 54
Article 113
—
Article 173
Section I of Chapter II of Part III
Article 135
Article 129
Article 128
Article 159
Article 180
—
Article 195
Article 195
—
—
—
—

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

Article 1(1)(u)
Article 135
Article 129
Article 128
Article 159
—
Article 180
Article 182(1)
Article 195
—
—
—

3.

Regulation (EEC) No 2729/75

Regulation (EEC) No 2729/75

This Regulation

Article 1
Article 2(1)
Article 2(2)
Article 3

Article 149
Article 150
Article 151
Article 152

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Official Journal of the European Union

16.11.2007

4.

Regulation (EEC) No 2759/75

Regulation (EEC) No 2759/75

This Regulation

Article 1

Article 2

Article 3 first paragraph, first indent

Article 3 first paragraph, second indent

Article 3 second paragraph

Article 3 third paragraph

Article 4(1)

Article 4(2)

Article 4(3)

Article 4(5)

Article 4(6) first indent

Article 4(6) second indent

Article 4(6) third indent

Article 5(1) to (3)

Article 5(4)(a)

Article 5(4)(b)

Article 5(4)(c)

Article 6

Article 7(1)

Article 7(2)

Article 8(1) first subparagraph

Article 8(1) second subparagraph

Article 8(1) third subparagraph

Article 8(2)

Article 9

Article 10(1) to (3)

Article 10(4)

Article 11(1) to (3)

Article 11(4)

Article 12

Article 13(1)

Article 13(2)

Article 13(3) and (4)

Article 13(5)

Article 13(6) to (10)

Article 13(11)

Article 13(12)

Article 14

Article 15(1)

Article 15(2)

Article 16

Article 19

Article 20(1)

Article 20(2) to (4)

Article 21

Article 22

Article 24

Article 25

Article 26

Article 27

Article 1(1)(q)

Article 54

Article 31(1)(f)

Article 10(2)

—

Article 10(2)

Article 8(1)(f)

Articles 17 and 37

—

Article 42

Articles 17 and 37(1)

Article 43(d)

Article 43

Article 24

Article 43(a)

Articles 24(1) and 31(2)

Article 43

Article 25

—

Article 43

Articles 130 and 161(1)

Articles 131 and 161(2)

Articles 132, 133 and 161(2)

Articles 134 and 161(3)

Article 135

Article 141

Article 143

Article 144

Article 148

Article 186(b)

Article 162(1)

Article 163

Article 164

Article 170

Article 167

Article 169

Article 170

Articles 160 and 174

Article 129

Article 128

Article 159

—

Article 44

Article 46

Article 180

Article 192

Article 195

—

—

—

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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 3(1) first subparagraph
Article 3(1) second subparagraph
Article 3(1) third subparagraph
Article 3(2)
Article 4
Article 5(1) to (3)
Article 5(4)
Article 6(1) to (3)
Article 6(4)
Article 7
Article 8(1)
Article 8(2)
Article 8(3) and (4)
Article 8(5)
Article 8(6) to (11)
Article 8(12)
Article 8(13)
Article 9
Article 10(1)
Article 10(2)
Article 11
Article 13
Article 14(1)(a)
Article 14(1)(b)
Article 14(2) and (3)
Article 15
Article 16 and 17
Article 18
Article 19
Article 20
Article 21

Article 1(1)(s)
Article 2(1)
Article 54
Article 116
Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 141
Article 143
Article 144
Articles 145 and 148
Article 186(b)
Article 162(1)
Article 163
Article 164
Article 170
Article 167
Article 169
Article 170
Article 160
Article 129
Article 128
Article 159
—
Article 44
Article 45
Article 46
Article 192
Article 195
—
Article 180
—
—

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 3(1) first subparagraph
Article 3(1) second subparagraph
Article 3(1) third subparagraph
Article 3(2)
Article 4
Article 5(1) to (3)
Article 5(4)
Article 6(1) to (3)
Article 6(4)
Article 7

Article 1(1)(t)
Article 2(1)
Article 54
Article 116
Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 141
Article 143
Article 144
Articles 145 and 148
Article 186(b)

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Official Journal of the European Union

16.11.2007

Regulation (EEC) No 2777/75

This Regulation

Article 8(1)
Article 8(2)
Article 8(3) and (4)
Article 8(5)
Article 8(6) to (10)
Article 8(11)
Article 8(12)
Article 9
Article 10(1)
Article 10(2)
Article 11
Article 13
Article 14(1)(a)
Article 14(1)(b)
Article 14(2) and (3)
Article 15
Article 16 and 17
Article 18
Article 19
Article 20
Article 21

Article 162(1)
Article 163
Article 164
Article 170
Article 167
Article 169
Article 170
Articles 160 and 174
Article 129
Article 128
Article 159
—
Article 44
Article 45
Article 46
Article 192
Article 195
—
Article 180
—
—

7.

Regulation (EEC) No 2782/75

Regulation (EEC) No 2782/75

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 121(f)(i)
Point C.I. of Annex XIV
Article 121(f)(ii)
Article 192
Point C.II. of Annex XIV and Article 121(f)(iii)
Point C.II.(3) of Annex XIV and Article 121(f)(iii)
Article 121(f)(iv)
Article 121(f)(v)
Article 121(f)(vi)
Article 192
Point C.III.(1) and (2) of Annex XIV
Point C.III.(3) of Annex XIV and Article 121(f)(iii)
Article 121(f)(vii)
Article 121(f)
Article 121(f)
Article 192 and 194
Article 121(f)

8.

Regulation (EEC) No 707/76

Regulation (EEC) No 707/76

This Regulation

Article 1
Article 2 and 3

Article 122
Article 127

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9.

Regulation (EEC) No 1055/77

Regulation (EEC) No 1055/77

This Regulation

Article 1
Article 2
Article 3
Article 4
Article 5

Article 39(1) to (4)
Article 39(5)
Article 39(6) and (7)
Article 43
Article 39(1) second subparagraph

10. Regulation (EEC) No 2931/79

Regulation (EEC) No 2931/79

This Regulation

Article 1

Article 172

11. Regulation (EEC) No 3220/84

Regulation (EC) No 3220/84

This Regulation

Article 1(1)
Article 1(2) first subparagraph
Article 1(2) second subparagraph
Article 2(1) first subparagraph
Article 2(1) second subparagraph
Article 2(2) and (3) first subparagraph
Article 2(3) second subparagraph
Article 2(3) third subparagraph
Article 3(1) first subparagraph
Article 3(1) second subparagraph
Article 3(1) third subparagraph
Article 3(2) and (3)
Article 3(4)
Article 4 and 5

Article 42(1) first subparagraph point (b)
—
Article 43(m)(iv)
Point B. I. and III. of Annex V
Point B. III. of Annex V
Article 43(m)
Article 43
Point B. IV.(1) of Annex V
Article 43 and point B. II. of Annex V
Article 43
Point B. IV.(2) of Annex V
Point B. II. of Annex V
Article 43(m)(iv)
Article 43(m)

12. Regulation (EEC) No 1898/87

Regulation (EEC) No 1898/87

This Regulation

Article 1
Article 2
Article 3
Article 4(1) and (3)
Article 4(2)

Article 114(1) in conjunction with point I of Annex XII
Article 114(1) in conjunction with point II of Annex XII
Article 114(1) in conjunction with point III of Annex XII
Article 114(1) in conjunction with point IV of Annex XII
Article 121

13. Regulation (EEC) No 3730/87

Regulation (EEC) No 3730/87

This Regulation

Article 1
Article 2
Article 3

Article 27(1) and (2)
Article 27(3)
Article 27(4)

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Regulation (EEC) No 3730/87

This Regulation

Article 4
Article 5
Article 6

Article 27(5)
—
Article 43

14. Regulation (EEC) No 1186/90

Regulation (EC) No 1186/90

This Regulation

Article 1(1) first subparagraph
Article 1(1) second subparagraph
Article 1(2)
Article 2(a)
Article 2(b)
Article 3

Point A. V. first paragraph of Annex V
—
Article 43(m)
Article 43(m)
Article 43(m)(iii)
Article 194

15. Regulation (EEC) No 1906/90

Regulation (EEC) No 1906/90

This Regulation

Article 1(1)
Article 1(2)
Article 1(3)
Article 1(3a)
Article 2(1)
Article 2(2) to (4)
Article 2(5) to (7)
Article 2(8)
Article 3(1) and (2)
Article 3(3)
Article 4
Article 5(1) to (5)
Article 5(6)
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11

Point B.I.(1) of Annex XIV
Article 121(e)(ii)
Point B.I.(2) of Annex XIV
Point B.I.(3) of Annex XIV
Point B.II.(1) of Annex XIV
Article 121(e)(i)
Point B.II.(2) — (4) of Annex XIV
Article 121(e)(i)
Point B.III.(1) and (2) of Annex XIV
Point B.III.(3) of Annex XIV and Article 121(e)
Article 121(e)(iv)
Article 121(e)(iv)
Article 121(e)(v) and 194
Article 121(e)(vi)
Article 121(e)(vii) and 194
Article 192 and 194
Article 121(e)
Article 194
Article 192

16. 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 3(3)
Article 4
Article 5

Article 119
Article 121(i)
Article 119 in conjunction with point 2 of Part V of
Annex III
Articles 121(i) and 194
Articles 192 and 194
Articles 194
—
Article 121

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17. 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 104(1) and (2)
Article 104(3)
Article 135
Article 129
Article 128
Article 159
Article 194
Article 180
—
Article 192
Article 195
—

18. Regulation (EEC) No 2077/92

Regulation (EEC) No 2077/92

This Regulation

Article 1, 2 and 4(1)
Article 3, 4(2) and (3), 5 and 6
Article 7
Article 8
Article 9
Article 10
Article 11 and 12

Article 123
Article 127
Article 177
Article 178
Article 127
Article 126
Article 127

19. Regulation (EEC) No 2137/92

Regulation (EEC) No 2137/92

This Regulation

Article 1
Article 2 first paragraph point (a)
Article 2 first paragraph point (b)
Article 2 second paragraph
Article 3(1)
Article 3(2) first and second subparagraphs
Article 3(2) third subparagraph
Article 3(3)
Article 4(1)
Article 4(2)
Article 4(3)
Article 5
Article 6
Article 7(1)
Article 7(2)
Article 7(3)
Article 9

Article 42(1) second subparagraph
Point C. I. and IV. of Annex V
Point C. I. of Annex V
Point C. IV. second paragraph of Annex V
Point C. II. of Annex V
Point C. III.(1) of Annex V
Point C. III.(2) of Annex V and Article 43(m)
Article 43(m)
Article 43(m)
Point C. V. of Annex V
Article 43(m)
Article 42(2)
Article 43(m)
—
Article 43(m)
—
—

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16.11.2007

20. 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) to (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 113(1) and (2)
Article 113(3)
Articles 121 and 194
Article 135
Article 141
Article 143
Article 128
Article 129
Article 159
Article 180
Article 195
—
Article 192

21. Regulation (EC) No 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 115
Article 115 in conjunction with point I of Annex XV
Article 115 in conjunction with point II of Annex XV
Article 115 in conjunction with point III(1) of Annex XV
Article 115 in conjunction with point III(2) and (3) of
Annex XV
Article 115 in conjunction with point IV of Annex XV
Article 115 in conjunction with point V of Annex XV
Article 121
—
Article 115 in conjunction with point VI of Annex XV

22. Regulation (EC) No 2200/96

Regulation (EC) No 2200/96

This Regulation

Article 1(1) and (2)
Article 1(3)
Article 46
Article 47

Article 1(1)(i)
Article 3(2)
Article 195
—

23. Regulation (EC) No 2201/96

Regulation (EC) No 2201/96

This Regulation

Article 1(1) and (2)
Article 1(3)
Article 29
Article 30

Article 1(1)(j)
Article 3(2)
Article 195
—

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24. 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 114(2)
Article 114(2) in conjunction with point I of Annex XIII
Article 114(2) in conjunction with point II of Annex XIII
Article 114(2) in conjunction with point III(1) and (2) of
Annex XIII
Article 114(2) in conjunction with point III(3) of
Annex XIII
Article 114(2) in conjunction with point IV of
Annex XIII
Article 114(2) in conjunction with point V of Annex XIII
Article 114(2) in conjunction with point VI of
Annex XIII
Article 121

25. Regulation (EC) No 1254/1999

Regulation (EC) No 1254/1999

This Regulation

Article 1(1)
Article 1(2)
Article 2
Article 26(1)
Article 26(2)
Article 26(3)
Article 26(4)
Article 26(5)
Article 27(1)
Article 27(2)
Article 27(3)
Article 27(4) first subparagraph
Article 27(4) second subparagraph
Article 28
Article 29(1) first subparagraph
Article 29(1) second subparagraph
Article 29(1) third subparagraph
Article 29(1) fourth subparagraph
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) to (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 1(1)(o)
Article 2(1)
Article 54
Article 34
Article 8(1)(d)
Article 31(1)(c)
Articles 8(3) and 31(1) second subparagraph
Articles 31(2) and 43
Articles 7, 10(d), 14 and 43(a)
Article 21(2)
Articles 21(1), 40 and 43(e)
Article 43
Article 14
Articles 25 and 43(e)
Article 130
Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 141
Article 144
Article 146(1)
Article 148
Article 162(1)
Article 163
Article 164
Article 170
Article 167
Article 168
Article 167(7)
Article 169
Article 170
Articles 160 and 174
Article 129
Article 128
Article 159
Articles 42 and 43
Article 186(a)
Article 44

L 299/138

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Official Journal of the European Union

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Regulation (EC) No 1254/1999

This Regulation

Article 39(2) to (4)
Article 40
Article 41
Article 42 and 43
Article 44
Article 45
Article 46 — 49
Article 50, first indent
Article 50, second indent

Article 46
Article 180
Article 192
Article 195
—
Article 190
—
—
Article 191

26. Regulation (EC) No 1255/1999

Regulation (EC) No 1255/1999

This Regulation

Article 1
Article 2
Article 4(1)
Article 4(2)
Article 5
Article 6(1) first subparagraph
Article 6(1) second and third subparagraphs
Article 6(1) fourth subparagraph
Article 6(2) first subparagraph, point (a), first indent
Article 6(2) first subparagraph, point (a), second and
third indents and point (b)
Article 6(2) second and third subparagraphs
Article 6(3) first subparagraph
Article 6(3) second and third subparagraphs
Article 6(3) fourth subparagraph
Article 6(3) fifth subparagraph
Article 6(4) first subparagraph and second subparagraph
first sentence
Article 6(4) second subparagraph second sentence
Article 6(5)
Article 6(6)
Article 7(1) first subparagraph
Article 7(1) second subparagraph
Article 7(1) third subparagraph
Article 7(1) fourth subparagraph
Article 7(2)
Article 7(3) first subparagraph
Article 7(3) second subparagraph
Article 7(3) third subparagraph
Article 7(4)
Article 7(5)
Article 8(1)
Article 8(2) and (3)
Article 9(1)
Article 9(2)
Article 9(3)
Article 9(4)
Article 10(a)
Article 10(b)

Article 10(c)
Article 11
Article 12
Article 13

Article 1(1)(p)
Article 3(1)(c)(v)
Article 8(1)(e)
Article 8(3)
—
Articles 15(1) and 22
Article 15(2) second subparagraph
Article 15(2) first subparagraph
Article 10(e)
Article 10 in conjunction with Article 43(a)

Article 10 in conjunction with Article 43(a)
Article 28(a)
Article 29
Article 43(d)(i)
Article 43(d)(iii)
Article 25 and 43(f)

Article 43(d)(iii)
—
Article 6(2)(b) and (d)
Articles 10(f), 16 first paragraph and 43(a)
Article 23 second paragraph
Article 23 first paragraph and 43(a)
Article 43(k)
Article 16 second paragraph
Articles 31(1)(d), 35 and 43(a)
Article 31(2)
Article 43(d)(i) and (iii)
Article 25 and 43(e)
Article 6(2)(c)
Article 28(b)
Article 30 and 43(d)(i) and (iii)
Articles 31(1)(e) and 36(1)
Article 31(2)
Article 43(d)(iii)
Article 36(2)
Articles 15(3) and 43
Articles 29 second paragraph, 30 first paragraph and 31
(2)
Article 43
Article 99
Article 100
Article 101

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Regulation (EC) No 1255/1999

This Regulation

Article 14
Article 15
Article 26(1)
Article 26(2) first subparagraph
Article 26(2) second subparagraph
Article 26(3)
Article 27
Article 28
Article 29(1) to (3)
Article 29(4)
Article 30
Article 31(1)
Article 31(2)
Article 31(3) and (4)
Article 31(5)
Article 31(6) to (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) to (4)
Article 37
Article 38
Article 39
Article 40
Articles 41 and 42
Article 43
Article 44
Article 45
Article 46
Article 47 first indent
Article 47 second indent

Article 102
Articles 99 — 102
Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 141
Article 144
Articles 145 and 148
Article 171
Article 162(1) and (2)
Article 163
Article 164
Article 170
Article 167
Article 169
Article 170
Article 160
Article 129
Article 128
Article 187
Article 159
Article 44
Article 46
Article 180
Article 181
Article 183
Article 192
Article 195
—
—
Article 190
—
—
Article 191

27. Regulation (EC) No 2250/1999

Regulation (EC) No 2250/1999

This Regulation

Article 1

Article 2(1) in conjunction with point 1. of Part V of
Annex III

28. Regulation (EC) No 1493/1999

Regulation (EC) No 1493/1999

This Regulation

Article 1(1) and (2)
Article 1(4)
Articles 74 and 75
Article 76

Article 1(1)(l)
Article 3(1)(d)
Article 195
—

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Official Journal of the European Union

16.11.2007

29. 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
Article 12
Article 13
Article 14 first indent
Article 14 second indent
Article 15

Article 1(1)(h)
Article 2(2)(a)
Article 91(2)
—
Article 91(1)
Article 193
Article 92
Article 93
Article 94
—
—
Articles 130 and 157
Article 128
Article 159
Article 180
Article 95
Article 194
Article 195
Article 190
—
—
—
Article 191
—

30. Regulation (EC) No 2529/2001

Regulation (EC) No 2529/2001

This Regulation

Article 1
Article 2
Article 12
Article 13(1) first subparagraph
Article 13(1) second subparagraph
Article 13(1) third subparagraph
Article 13(1) fourth subparagraph
Article 13(2)
Article 14
Article 15
Article 16(1) to (3)
Article 16(4)(a) and (b)
Article 16(4)(c) to (e)
Article 17
Article 18(1)
Article 18(2)
Article 19
Article 20
Article 21
Article 22(1)
Article 22(2) to (4)
Article 23
Article 24
Article 25
Article 26

Article 1(1)(r)
Article 54
Articles 31(1)(g) and 38
Articles 130 and 161
Articles 132 and 161(2)
Articles 131 and 161(2)
Articles 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 141
Article 144
Article 145
Article 148
Articles 160 and 174
Article 129
Article 128
Article 159
Articles 42 and 43
Article 186(a)
Article 44
Article 46
Article 180
Article 192
Article 195
Article 191

16.11.2007

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Official Journal of the European Union

L 299/141

Regulation (EC) No 2529/2001

This Regulation

Article 27
Article 28
Article 29
Article 30

Article 190
—
—
—

31. 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) to (3)
Article 6(4)
Article 7
Article 8(1)
Article 8(2)
Article 9
Article 10(1)
Article 10(2)
Article 10(3)
Article 11
Article 12
Article 13
Article 14
Article 15(a)
Article 15(b)

Article 1(3)(a)
Article 120
Article 189
Articles 130 and 161
Articles 131, 132 and 161(2)
Articles 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 144
Articles 145 and 148
Article 160
Article 129
Article 128
Article 159
Article 180
Article 182(4)
Article 182(4) and 184(3)
Article 192
Article 195
—
—
—
Article 191

32. 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 6(e)
Article 7
Article 8(1) and (2)
Article 8(3)

Article 1(1)(a)
Article 3(1)(c)(i)
—
Article 8(1)(a)
Article 8(2)
Article 8(1)(a)
Article 8(3)
Articles 6(2)(a), 10(a) and 43(a)
Article 11
Article 18
Articles 41 and 43(j)
Article 43(a)
Article 43(c)
Article 43(d)
Article 43(f)
Article 47
Article 96
Article 98

L 299/142

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Official Journal of the European Union

16.11.2007

Regulation (EC) No 1784/2003

This Regulation

Article 9(1) first subparagraph
Article 9(1) second subparagraph
Article 9(1) third subparagraph
Article 9(2)
Article 10(1)
Article 10(2) and (3)
Article 10(4)
Article 11
Article 12(1) to (3)
Article 12(4) first subparagraph
Article 12(4) second subparagraph
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

Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 135
Article 136
Article 143
Article 141
Article 144
Articles 145 and 148
Article 146(2)
Article 162(1) and (2)
Article 163
Article 164
Article 167
Article 166
Article 164(4)
Articles 165 and 170
Articles 162(3)
Article 169
Article 170
Articles 160 and 174
Article 129
Article 128
Article 187
Article 159
Article 180
Article 192
Article 195
—
Article 191
Article 190
—
—

33. 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 6(2) second and third sentence
Article 6(3)
Article 7(1)
Article 7(2)
Article 7(3)
Article 7(4) and (5)
Article 8
Article 9
Article 10(1) first subparagraph
Article 10(1) second subparagraph

Article 1(1)(b)
Article 2(1)
Article 5
Article 3(1)(d)
—
Article 8(1)(b)
Article 8(2)
Articles 41 and 43(j)
Article 43(a) and (k)
Articles 10(b) and 12
Articles 19 and 43(b)
Articles 25 and 43(e)
Article 43
Article 48
Article 192
Articles 130 and 161
Articles 131 and 161(2)

16.11.2007

EN

Official Journal of the European Union

L 299/143

Regulation (EC) No 1785/2003

This Regulation

Article 10(1) third subparagraph
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) to (3)
Article 13(4)
Article 14(1)
Article 14(2)
Article 14(3) and (4)
Article 15
Article 16
Article 17(1) first subparagraph point (a)
Article 17(1) first subparagraph points (b) and (c)
Article 17(1) second subparagraph
Article 17(2)
Article 18
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

Articles 132, 133 and 161(2)
Article 130
Articles 134 and 161(3)
Article 135
Article 143
Article 137
Article 138
Article 139
Article 140
Article 141
Article 144
Article 148
Article 162(1) and (2)
Article 163
Article 164
Article 167
Article 164(4)
Article 167(7)
Article 167(6)
Article 170
Article 167(7)
Article 169
Article 170
Articles 160 and 174
Article 129
Article 128
Article 187
Article 159
Article 180
Article 192
Article 195
—
Article 191
Article 190
—
—
—

34. 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 1(1)(d)
Article 3(1)(b)(i)
—
Article 86(1)
Article 88(1)
Article 89
Article 88(2)
Article 87
Article 192
Article 86(2)
Article 90(i)
Article 90(b)
Article 86(1)(a) and 90(e)
Article 90(a)

L 299/144

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Official Journal of the European Union

16.11.2007

Regulation (EC) No 1786/2003

This Regulation

Article 12
Article 13
Article 14
Article 15(1)
Article 15(2)
Article 16
Article 17
Article 18
Article 19
Article 20(a)
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 90(g)
Article 194
Article 135
Article 129
Article 128
Article 159
Article 180
Article 195
—
Article 90
Article 194
Article 90(c)
Article 90(f)
Article 90(d)
Article 194
Article 90(g)
Article 90(h)
—
Article 192
Article 184(1)
Article 190
—

35. 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

Articles 66 and 78(1) first subparagraph
Article 78(1) second subparagraph
Article 78(2) to (4)
Article 79
Article 65
Article 67
Article 68
Article 69
Article 70
Article 80
Article 81
Article 83
Article 84
Article 71
Article 72
Article 73
Article 74
Article 75
Article 76
Article 77
Article 82
—
Article 195
Article 85
—
—

16.11.2007

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Official Journal of the European Union

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36. Regulation (EC) No 797/2004

Regulation (EC) No 797/2004

This Regulation

Article 1(1)
Article 1(2)
Article 1(3) first subparagraph, first sentence
Article 1(3) first subparagraph, second sentence and
second subparagraph
Article 2
Article 3
Article 4(1)
Article 4(2) and (3)
Article 5
Article 6
Article 7
Article 8

Article 105(1)
Article 1(3)(b)
Article 180
Article 105(2)

Article 106
Article 107
Article 190
Article 108
Article 109
Article 195
Article 184(2)
—

37. 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 9(b) and (c)
Article 9(d)
Article 9(e)
Article 10(1) first subparagraph
Article 10(1) second subparagraph
Article 10(2)
Article 10(3)
Article 10(4)
Article 11(1)
Article 11(2)
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 1(1)(g)
Article 3(1)(c)
—
Article 118
Article 113
Article 194
Article 121(h)
Articles 31 and 33
Article 125
Article 123
Article 103
Article 127
Article 103(2) third subparagraph
Article 194
Article 127
Article 130
Article 131
Articles 132 and 133
Article 161
Articles 134 and 161(3)
Article 135
Article 186(b)
Article 129
Article 128
Article 160
Article 159
Article 180
—
Article 192
Article 195
Article 191
Article 190
—
—

L 299/146

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Official Journal of the European Union

16.11.2007

38. 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 130
Article 131
Articles 132 and 133
Article 135
Article 129
Article 128
Article 159
Article 180
Article 182(2)
Article 192
Article 195
Article 134
—

39. 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
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 1(1)(f)
Article 2(1)
—
Article 117(1) to (3)
Article 117(4) and (5)
Article 122
Article 127
Article 135
Article 158
Article 129
Article 128
Article 159
Article 180
—
Article 185(1) to (3)
Article 192
Article 195
Article 121(g)
Article 127
Article 127
Article 185(4)
Article 192
—
—

40. Regulation (EC) No 318/2006

Regulation (EC) No 318/2006

This Regulation

Article 1(1)
Article 1(2)
Article 2

Article 1(1)(c)
Article 3(1)(e)
Article 2(1)

16.11.2007

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Official Journal of the European Union

L 299/147

Regulation (EC) No 318/2006

This Regulation

Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13(1) and (2)
Article 13(3)
Article 14
Article 15
Article 16
Article 17
Article 18(1)
Article 18(2) first subparagraph first indent
Article 18(2) first subparagraph second 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(1) and (2)
Article 32(3)
Article 33(1)
Article 33(2)
Article 33(3) and (4)
Article 34
Article 35
Article 36(1)
Article 36(2) to (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 8(1)(c)
Article 9
Article 49
Article 50
Article 56
—
Article 58
Article 59
Article 60
Article 61
Article 62
Article 97
Article 63
Article 64
Article 51
Article 57
Articles 31(1)(a) and 32(1)
Articles 10(c) and 13(1)
Article 43(d)(i)
Article 20
Article 26
Article 52
Articles 13(2), 32(2), 52(5) and 63(5)
Article 129
Article 128
Articles 130 and 161
Articles 131 and 161(2)
Articles 132, 133 and 161(2)
Articles 134 and 161(3)
Article 160
Article 159
Article 135
Article 186(a) and 187
Article 142
Article 141
Article 144
Article 153
Article 154
Article 155
Article 162(1) and (2)
Article 170
Article 163
Article 164
Article 167
Article 169
Articles 187 and 188
Article 180
Article 182(3)
Articles 186(a) and 188
Article 192
Article 195
Articles 43(b) and 49(3) second subparagraph
Article 85
Articles 53, 85 and 192
Articles 143, 144(1), 145 and 148
Article 192(2)
Articles 170 and 187

L 299/148

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Official Journal of the European Union

16.11.2007

Regulation (EC) No 318/2006

This Regulation

Article 40(2)(a)
Article 40(2)(b)
Article 40(2)(c)
Article 40(2)(d)
Article 40(2)(e)
Article 40(2)(f)
Article 40(2)(g)
Article 41
Article 42
Article 43
Article 44
Article 45

Article 53(a)
Articles 43(a) and 50(1)
Article 85(d)
Articles 43, 53(b) and (c) and 85(b)
Articles 130 and 161
Articles 5 second paragraph and 156
Article 186(a) and 188
—
Article 191
Article 190
—
—

41. Regulation (EC) No 1028/2006

Regulation (EC) No 1028/2006

This Regulation

Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11(1)
Article 11(2)
Article 11(3)
Article 11(4)
Article 11(5)
Article 11(6)
Article 11(7)
Article 11(8)
Article 11(9)

Point A.I. of Annex XIV
Article 121(d)(i)
Point A.II. of Annex XIV
Point A.III. of Annex XIV
Article 121(d)(v)
Point A.IV. of Annex XIV
Article 194
Article 194
Article 192
Article 195
Article 121(d)(ii)
Article 121(d)(iii)
Article 121(d)(iv)
Article 121(d)(v)
Article 194
Article 121(d)(vi)
Article 192
Article 121(d)(vii)
Articles 121 and 194

42. Regulation (EC) No 1183/2006

Regulation (EC) No 1183/2006

This Regulation

Article 1
Article 2(a) introducing sentence
Article 2(a) first, second and third indents
Article 2(b)
Article 3

Article 4(1) first subparagraph
Article 4(1) second subparagraph
Article 4(2) and (3)
Article 4(4)
Article 5(1)
Article 5(2)
Article 5(3)
Article 6
Article 7

Article 42(1) first subparagraph point (a)
Point A. I.(1) of Annex V
Point A. IV. first paragraph of Annex V
Point A. I.(2) of Annex V
Point A. IV. second paragraph of Annex V and Article 43
(m)(ii)
Point A. II. of Annex V
Article 43(m)
Point A. III. of Annex V
Point A. III.(2) second subparagraph of Annex V
Article 43
Point A. V. first paragraph of Annex V
Point A. V. second paragraph of Annex V
Article 42(2)
Article 43

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43. Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006

This Regulation

Article 1
Article 2
Article 3

Article 175
Article 176
—

44. 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 111
Articles 112, 192 and 194
Article 3(1)(b)(ii)
Article 195
Article 190
—