Proposal for a Council Regulation amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ("Single CMO Regulation")
Date: 2007-12-20
Institutions: European Commission
Subjects: agricultural product, common organisation of markets, competition law, farming sector, single market, trading operation

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.12.2007 
COM(2007) 854 final 

2007/0290 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products  
("Single CMO Regulation") 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT 

•  Grounds for and objectives of the proposal: completion of the new legal framework 
for the CAP, the single common market organisation Regulation (EC) No 1234/2007 

Council  Regulation  (EC)  No  1234/2007  establishing  a  common  organisation  of  agricultural 
markets  and  on  specific  provisions  for  certain  agricultural  products  ("Single  CMO 
Regulation")  revised  the  existing  21  regulations  on  sector-specific  common  market 
organisations  (CMOs)  and  combined  them  into  a  comprehensive  single  regulation,  with  a 
view  to  streamlining  and  simplifying  the  legal  framework  without  changing  the  underlying 
policies thus providing a single set of harmonised rules in the classic areas of market policy 
such as intervention, private storage, import tariff quotas, export refunds, safeguard measures, 
state  aid  and  competition  rules,  and  the  communication  and  reporting  of  data.  The  proposal 
for the Single CMO Regulation was submitted by the Commission in December 2006 and was 
drafted in a way that policy decisions that had been taken over the years in the CAP were not 
called into question. The proposal as well as the Regulation as subsequently adopted by the 
Council, therefore, constituted an act of technical simplification based on the legal situation as 
it  was  in  December  2006.  Substantive  amendments  in  the  sugar,  fruit  and  vegetables, 
processed  fruit  and  vegetables,  seeds,  beef  and  milk  and  milk  products  sectors,  which  have 
since been adopted by the Council, could not yet be taken into account at the moment of the 
adoption of the Single CMO Regulation and should now be incorporated. 

•  General context 

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

•  Existing provisions in the area of the proposal 

As  regards  the  CMOs  for  sugar,  seeds  and  milk  and  milk  products,  the  Single  CMO 
Regulation  has  already  created  the  new  legal  framework  and  will  repeal  the  existing  sector 
specific CMO-Regulations as of the moment when the Single CMO Regulation starts to apply 
in each of these sectors, that is 1 July 2008 in respect of seeds and milk and milk products and 
1 October 2008 in respect of sugar. 

As regards the fruit and vegetables and processed fruit and vegetables, the respective CMOs 
continue  to  exist  alongside  the  Single  CMO  Regulation  and  will  be  repealed  by  the  present 
proposal and their substance be fully incorporated into the Single CMO Regulation. 

Finally, as concerns the CMO for beef and veal, the respective CMO has already fully been 
incorporated into the Single CMO Regulation and the new rules on the marketing contained in 
Regulation (EC) No 700/2007 now constitute the only rules that have not yet been submitted 
to the new horizontal legal framework. 

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COM(2005) 509 final. 

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•  Consistency with other policies and objectives of the Union 

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

2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Interested parties were consulted as part of the preparations for the Single CMO Regulation 
which has, eventually, in general been seen as a positive step, making the law applicable in 
the area of CAP-market policy more transparent and easier accessible. A further consultation 
is  not  needed  given  that  this  proposal  will  merely  complete  the  Single  CMO  Regulation 
without introducing any substantive amendments. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

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

3. 

LEGAL ELEMENTS AND MAIN CHARACTERISTICS OF THE HORIZONTAL CMO  

•  Legal basis 

Articles 36 and 37 of the Treaty 

•  Content of the proposal 

Since submission of the proposal for the Single CMO Regulation, the previous CMOs in the 
sugar, seeds and milk and milk products sectors have been subject to substantive amendments. 
Those  amendments  have  not  yet  been  taken  on  board  in  the  Single  CMO  Regulation.  They 
have to be incorporated now to avoid that with the start of the application of the Single CMO 
Regulation the old legislation would be re-introduced.  

Moreover,  the  Single  CMO  Regulation  did  not  yet  take  on  board  the  fruit  and  vegetables, 
processed fruit and vegetables and wine sectors (with regard to these sectors, the Single CMO 
Regulation only foresees the applicability of the Management Committee procedure) because 
those  sectors  are  or  have  been  subject  to  a  general  policy  reform.  In  recital  8  of  the  Single 
CMO Regulation it is spelled out that those sectors will have to be incorporated to their full 
extent once the policy reforms have been enacted. This is the case in respect of the fruit and 
vegetables and processed fruit and vegetables sectors which have been amended substantially 
by Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules 

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

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as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC 
and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, 
(EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/964.  

Finally, by adoption of Regulation (EC) No 700/2007 of 11 June 2007, the Council adopted 
rules concerning the marketing of the meat of bovine animals aged 12 months or less5. Given 
the  general  aim  of  the  Single  CMO  Regulation  to  create  one  single  horizontal  legal 
framework for all market related rules of the CAP, these provisions should now also be taken 
on board.  

•  Subsidiarity principle 

The  proposal  pursues  the  same  objective  as  the  Single  CMO  Regulation  itself,  namely  to 
simplify the legislative framework  of  the  CMOs  without  changing their underlying political 
orientations. 

•  Choice of instrument 

Proposed instruments: regulation. 

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

4. 

BUDGETARY IMPLICATIONS 

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

5. 

SIMPLIFICATION 

The  proposal  further  completes  an  act  which,  itself,  was  adopted  for  reasons  of  technical 
simplification. This proposal will further simplify the legislative environment of the CAP by 
adding certain rules to the Single CMO Regulation which were still missing. It is expected to 
lead to significant simplification of existing legislation. 

Repeal of existing legislation  

The adoption of the proposal will lead to a further repeal of four Council Regulations. 

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OJ L 273, 17.10.2007, p. 1. 
OJ L 161, 22.6.2007, p. 1. 

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2007/0290 (CNS) 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 1234/2007 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  Community,  and  in  particular 
Articles 36 and 37 thereof, 

Having regard to the proposal from the Commission6, 

Having regard to the opinion of the European Parliament7, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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In view of simplifying the regulatory environment of the common agricultural policy 
(CAP), Council Regulation (EC) No 1234/2007 ("Single CMO Regulation")8 repealed, 
and replaced by one single legal act, all the regulations which the Council had adopted 
since the introduction of the CAP in the framework of the establishment of common 
organisations of the markets for the agricultural products or groups of products. 

As it is spelled out in recital 7 of the Single CMO Regulation, that act of simplification 
was  not  meant  to  lead  to  calling  into  question  policy  decisions  that  had  been  taken 
over  the  years  in  the  CAP  and  that,  therefore,  it  did  not  envisage  to  provide  for  any 
new  instruments  or  measures.  The  Single  CMO  Regulation,  therefore,  reflects  the 
policy decisions taken up to the moment when the text for the Single CMO Regulation 
was proposed by the Commission.  

In  parallel  to  the  negotiations  carried  out  within  the  Council  on  the  adoption  of  the 
Single  CMO  Regulation,  the  Council  also  negotiated  and  adopted  a  series  of  policy 
decisions in several sectors. This is the case in respect of the sugar, seeds and milk and 
milk products sectors. 

Council  Regulation  (EC)  No  318/2006  of  20 February  2006  on  the  common 
organisation  of  the  markets  in  the  sugar  sector9  was  amended  mainly  in  view  of 
achieving a structural balance of the market concerned. Those amendments have been 

OJ C …, …, p. …. 
OJ C …, …, p. …. 
OJ L 299, 16.11.2007, p. 1. 
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). 

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(5) 

(6) 

(7) 

(8) 

adopted  and  published  only  shortly  before  the  publication  of  the  Single  CMO 
Regulation. 

Council  Regulation  (EC)  No 1947/2005  of  23  November  2005  on  the  common 
organisation of the market in seeds10 has been amended at the same time as the Single 
CMO Regulation has been adopted. That amendment discontinues the possibility for 
Finland to grant national aid for seeds and cereal seed and, in order to provide farmers 
in Finland with the opportunity to prepare for a situation without national aid, provides 
for a final, additional transitional period during which national aid for the production 
of  seeds  and  cereal  seed,  with  the  exception  of  Timothy  seeds,  may  be  granted  by 
Finland. 

Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation 
of  the  market  in  milk  and  milk  products11,  has  been  amended  shortly  before  the 
adoption of the Single CMO Regulation introducing various amendments to the public 
intervention  and  private  storage  schemes  in  respect  of  butter  and  skimmed  milk 
powder, repealing the possibility for military forces to buy butter at reduced prices and 
setting  a  flat-rate  aid  for  all  categories  of  milk  supplied  to  pupils  in  educational 
establishments. Moreover, 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  milk12  has  been  also  amended  at  the  same  time  as 
Regulation (EC) No 1255/1999 allowing the marketing, as drinking milk, of products 
with  a  fat  content  other  than  the  ones  that  had  previously  been  provided  in  that 
Regulation. 

Those amendments need to be incorporated into the Single CMO Regulation in order 
to ensure that those policy decisions are being maintained as of the application of the 
Single CMO Regulation in the sectors concerned. 

(EC)  No 2200/96, 

In parallel to the negotiations and adoption of the Single CMO Regulation, the Council 
also negotiated and adopted a policy reform in the fruit and vegetables and processed 
fruit  and  vegetables  sectors.  To  that  end,  Council  Regulation  (EC)  No  1182/2007  of 
26 September  2007  laying  down  specific  rules  as  regards  the  fruit  and  vegetable 
sector,  amending  Directives  2001/112/EC  and  2001/113/EC  and  Regulations  (EEC) 
(EC) 
No 827/68, 
No 1782/2003  and  (EC)  No 318/2006  and  repealing  Regulation  (EC)  No 2202/9613 
has been adopted. As it is spelled out in recital 8 of the Single CMO Regulation, only 
those  provisions  of  the  two  mentioned  sectors  which  were  not  themselves  subject  to 
any  policy  reforms,  were  incorporated  into  the  Single  CMO  Regulation  from  the 
beginning  and  that  the  substantive  provisions  which  were  subject  to  policy 
amendments  should  be  incorporated  into  the  Single  CMO  Regulation  once  having 
been enacted. Since that is  the case, the fruit and vegetables and  processed fruit  and 
vegetables sectors should now be fully incorporated into the Single CMO Regulation 

(EC)  No 2826/2000, 

(EC)  No 2201/96, 

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OJ L 312, 29.11.2005, p. 3. Regulation as last amended by Regulation (EC) No 1247/2007 (OJ L 282, 
26.10.2007, p. 1). 
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). 
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). 
OJ L 273, 17.10.2007, p. 1. 

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by way of introducing the policy decisions taken in Regulation (EC) No 1182/2007 in 
respect  of  the  common  organisation  of  the  markets  for  the  products  of  these  two 
sectors into the Single CMO Regulation. 

(9) 

Council Regulation (EC) No 700/2007 of 11 June 2007 on the marketing of the meat 
of  bovine  animals  aged  12 months  or  less14  introduced  new  marketing  rules  for  the 
products concerned. The aim of the Single CMO Regulation was to amalgamate all the 
rules existing in the context of the common organisation of the markets into a single 
legal  framework  and  to  replace  sectoral  approaches  by  a  horizontal  approach.  The 
Single CMO Regulation contains marketing rules for various sectors and it is therefore 
appropriate  to  incorporate  the  new  marketing  rules  introduced  by  Regulation  (EC) 
No 700/2007 into the Single CMO Regulation. 

(10)  The Single CMO Regulation should therefore be amended accordingly. 

(11)  The amendments should apply at the latest as of the same dates as of which the Single 
its 
CMO  Regulation  applies  for 
Article 204(2). As regards the seeds, beef and veal and milk and milk products sectors, 
points (a) and (f) respectively of the second subparagraph of Article 204(2) provide for 
1 July 2008  as  the  date  from  which  the  Single  CMO  Regulation  applies.  This 
Regulation should, therefore, also provide for  1 July 2008 as the application  date for 
these sectors.  

the  sectors  concerned 

in  accordance  with 

(12)  Concerning  the  few  provisions  which  had  already  been  provided  for  the  fruit  and 
vegetables and processed fruit and vegetables sectors in the Single CMO Regulation, it 
applied, in accordance with the first subparagraph of Article 204(2) of that Regulation, 
as  of  1 January 2008.  The  respective  amendments  foreseen  in  this  Regulation  could 
therefore be made applicable as of the same date as the ones for the seeds, beef and 
veal and milk and milk products sectors, i.e. as of 1 July 2008. 

(13)  The  second  sentence  of  the  second  paragraph  of  Article  2  of  Regulation  (EC)  No 
1152/2007 provides that certain of the amendments introduced by that Regulation in 
the milk sector should only apply as of 1 September 2008. The same application date 
should be provided for the amendments concerned in the context of this Regulation. 

(14)  As regards the sugar sector, the Single CMO Regulation applies as of 1 October 2008 
in  accordance  with  point (c)  of  the  second  subparagraph  of  Article 204(2)  of  that 
Regulation.  The  provisions  foreseen  in  this  Regulation  for  that  sector  should, 
therefore, also start to apply as of 1 October 2008, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 1234/2007 is amended as follows: 

Article 1 

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OJ L 161, 22.6.2007, p. 1. 

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(1) 

Article 1 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

“In respect of the wine sector, only Article 195 of this Regulation shall apply.”; 

(b)  The following paragraph is added: 

"4. 

In  respect  of  potatoes,  fresh  or  chilled  of  CN  code  0701,  Chapter II  of 
Part IV shall apply." 

(2) 

In Article 3, the following paragraph is added: 

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

(3) 

In Article 6(2), points (c) and (d) are replaced by the following: 

"(c)  "cream" shall mean cream obtained directly and exclusively from milk."; 

(4) 

Article 8(1)(e)(ii) is replaced by the following: 

"(ii)  EUR 169,80 per 100 kg for skimmed milk powder;" 

(5) 

Article 10(1)(f) is replaced by the following: 

"(f)  skimmed  milk  powder  of  top  quality  made  from  milk  in  an  approved 
undertaking in the Community by the spray process, with a minimum protein-
content of 34,0% by weight of the fat free dry matter." 

(6) 

Article 15 is replaced by the following: 

"Article 15 
Butter 

1. 

For  butter,  public  intervention  shall  be  open  during  the  period  1 March  to 
31 August of any year. 

2.  Where 

the  quantities  offered  for 

that  period  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." 

intervention 

in 

(7) 

(8) 

In Article 23, the second paragraph is deleted. 

In Article 26(a), point (ii) is replaced by the following: 

"(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, or 

(iii)  for industrial use referred to in Article 62. " 

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(9) 

Article 28(a) is replaced by the following:  

"(a) 

in respect of: 

(i) 

(ii) 

unsalted butter produced from cream or milk in an approved undertaking 
of the Community of a minimum butterfat content, by weight, of 82 %, a 
maximum milk solids-non-fat content, by weight, of 2 % 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  milk  solids-non-fat  content,  by  weight,  of  2%,  a  maximum 
water  content,  by  weight,  of  16%  and  a  maximum  salt  content,  by 
weight, of 2%." 

(10) 

Article 29 is replaced by the following:  

"Article 29 
Conditions and aid-level for butter 

The amount of aid for butter shall be fixed by the Commission in the light of storage 
costs and the likely trends 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." 

(11) 

Article 31 is amended as follows: 

(a) 

In paragraph 1, points (d) to (g) are replaced by the following:  

"(d)  longkeeping  cheeses  and  cheeses  which  are  manufactured  from  sheep 

and/or goat's milk and require at least six months maturing; 

(e) 

pig meat; 

(f) 

sheep meat and goat meat."; 

(b)  Paragraph 2 is replaced by the following: 

"2.  The  Commission  shall  fix  the  aid  for  private  storage  provided  for  in 

paragraph 1 in advance or by means of tendering procedures. 

In respect of the cheeses referred to in point (d) of paragraph 1, the aid 
shall  be  fixed  in  the  light  of  storage  costs  and  the  balance  to  be 
maintained  between  cheeses  for  which  aid  is  granted  and  other  cheeses 
coming on the market." 

(12) 

Article 35 is deleted. 

(13) 

Article 36(1) is replaced by the following: 

"1. 

If price developments and the stock situation for the cheese products referred to 
in  Article 31(1)(d)  indicate  a  serious  imbalance  of  the  market  which  may  be 

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eliminated  or  reduced  by  seasonal  storage,  the  Commission  may  decide  to 
grant aid for private storage." 

(14) 

In Article 50, paragraphs 5 and 6 are replaced by the following: 

"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 the sugar for 
which they hold a quota, adjusted, as the case may be, by the coefficient for a 
preventive  withdrawal  fixed  in  accordance  with  the  first  subparagraph  of 
Article 52(2), shall be required to pay at least the minimum price for quota beet 
for all the sugar beet they process into sugar. 

6. 

Subject to the approval of the Member State concerned, agreements within the 
trade may derogate from paragraphs 3, 4 and 5." 

(15) 

Article 52 is replaced by the following: 

"Article 52 
Withdrawal of sugar 

1. 

2. 

In order to preserve the structural balance of the market at a price level which 
is  close  to  the  reference  price,  taking  into  account  the  commitments  of  the 
Community  resulting  from  agreements  concluded 
in  accordance  with 
Article 300  of  the  Treaty,  the  Commission  may  decide  to  withdraw  from  the 
market,  for  a  given  marketing  year,  those  quantities  of  sugar  or  isoglucose 
produced  under  quotas  which  exceed  the  threshold  calculated  in  accordance 
with paragraph 2 of this Article. 

The  withdrawal  threshold  referred  to  in  paragraph  1  of  this  Article  shall  be 
calculated, for each undertaking holding a quota, by multiplying its quota by a 
coefficient, which shall be fixed by the Commission by 16 March at the latest 
of the previous marketing year, on the basis of expected market trends. For the 
marketing  year  2008/2009,  that  coefficient  shall  be  applied  to  the  quota  after 
renunciations  in  accordance  with  Regulation  (EC)  No 320/2006  granted  on 
15 March 2008 at the latest. 

On  the  basis  of  updated  market  trends,  the  Commission  may  decide  by 
31 October  of  the  marketing year  concerned  either  to  adjust  or,  in  the  case 
where  no  such  decision  has  been  taken  in  accordance  with  the  first 
subparagraph of this paragraph, to fix a coefficient. 

3. 

Each undertaking provided with a quota shall store at its own expense until the 
beginning  of  the  following  marketing  year  the  sugar  produced  under  quota 
beyond the threshold calculated in accordance with paragraph 2. The sugar or 
isoglucose quantities withdrawn during a marketing year shall be treated as the 
first quantities produced under quota for the following marketing year. 

By way of derogation from the first subparagraph of this paragraph, 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 or isoglucose as: 

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(a) 

(b) 

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

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

the  commitments  of 

the  Community 

4. 

5. 

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

In the case where withdrawn sugar is treated as the first sugar production of the 
following  marketing  year,  the  minimum  price  of  that  marketing  year  shall  be 
paid to beet growers. 

In  the  case  where  withdrawn  sugar  becomes  industrial  sugar  or  is  exported 
according to points (a) and (b) of paragraph 3 of this Article, the requirements 
of Article 49 on the minimum price shall not apply. 

In the case where withdrawn sugar is sold on the Community market before the 
end of the period of withdrawal according to paragraph 4, the minimum price 
of the ongoing marketing year shall be paid to beet growers. 

Article 52a 
Withdrawal of sugar in the 2008/2009 and 2009/2010 marketing years 

1. 

By way of derogation from Article 52(2) of this Regulation, for Member States 
for which the national sugar quota has been reduced as a result of renunciations 
of  quota  in  accordance  with  Articles 3  and  4a(4)  of  Regulation  (EC) 
No 320/2006,  the  coefficient  shall  be  fixed  by  the  Commission  for  the 
2008/2009  and  2009/2010  marketing  years  by  way  of  application  of 
Annex VIIc to this Regulation. 

2.  An undertaking which, in accordance with Article 3(1)(a) or (b) of Regulation 
(EC) No 320/2006, renounces, with effect from the following marketing year, 
the  total  quota  assigned  to  it  shall,  at  its  request,  not  be  submitted  to  the 
application  of  the  coefficients  referred  to  in  Article 52(2)  of  this  Regulation. 
That request shall be submitted before the end of the marketing year to which 
the withdrawal applies." 

(16) 

Article 59 is replaced by the following: 

"Article 59 
Quota management 

1. 

The Commission shall adjust the quotas set out in Annex VI by 30 April 2008 
for the 2008/2009 marketing year and  by the end of February 2009 and 2010 
respectively  for 
the  2009/2010  and  2010/2011  marketing  years.  The 
adjustments shall result from the application of paragraph 2 of this Article and 
Article 58  of  this  Regulation,  and  of  Articles 3  and 4a(4)  of  Regulation  (EC) 
No 320/2006. 

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2. 

Taking  into  account  the  results  of  the  restructuring  scheme  provided  for  in 
Regulation  (EC)  No 320/2006,  the  Commission  shall  decide  by  the  end  of 
February 2010  at  the  latest  the  common  percentage  needed  to  reduce  the 
existing  quotas  for  sugar  and  isoglucose  per  Member  State  or  region  with  a 
view  to  avoiding  market  imbalances  in  the  marketing  years  as  from  the 
2010/2011  marketing  year.  The  Member  States  shall  adjust  the  quota  of  each 
undertaking accordingly. 

By  way  of  derogation  from  the  first  subparagraph  of  this  paragraph,  for 
Member  States  for  which  the  national  quota  has  been  reduced  as  a  result  of 
renunciations  of  quota  in  accordance  with  Articles 3  and  4a(4)  of  Regulation 
(EC)  No 320/2006,  the  Commission  shall  fix  the  percentage  by  way  of 
application of Annex VIIa to this Regulation. Such Member States shall adjust, 
for  each  undertaking  in  their  territory  holding  a  quota,  the  percentage  in 
accordance with Annex VIIb to this Regulation. 

The  first  and  second  subparagraphs  of  this  paragraph  shall  not  apply  to  the 
outermost regions referred to in Article 299(2) of the Treaty." 

(17) 

Article 60 is amended as follows: 

(a)  The title is replaced by the following: 

"Article 60 
National quota reallocation and reduction of quotas"; 

(b)  paragraph 1 is replaced by the following: 

"1.  A Member State may reduce the sugar or isoglucose quota allocated to an 
undertaking established on its territory by up to 10 % for the marketing 
year  2008/2009  and  following,  whilst  respecting  the  freedom  of 
undertakings to participate in the mechanisms established by Regulation 
(EC) No 320/2006. In doing so, the Member States shall apply objective 
and non discriminatory criteria."; 

(c) 

the following paragraph is added: 

"4.  By  way  of  derogation  from  paragraph 3of  this  Article,  where  Article 4a 
of  Regulation  (EC)  No 320/2006  is  applied,  Member  States  shall  adjust 
the  sugar  quota  allocated  to  the  undertaking  concerned  by  applying  the 
reduction  defined  under  paragraph 4  of  that  Article,  within  the  limit  of 
the percentage fixed in paragraph 1 of this Article." 

(18) 

Article 64(c) is replaced by the following: 

"(c)  sugar  and  isoglucose  withdrawn  from  the  market  in  accordance  with 
Articles 52 and 52a and for which the obligations provided for in Article 52(3) 
are not met." 

(19) 

In Article 101, points (b) to (e) are replaced by the following: 

"(b)  by manufacturers of pastry products and ice-cream; 

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(c) 

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

(d) 

for the direct consumption of concentrated butter." 

(20) 

Article 102(3) is replaced by the following: 

"3.  The Community aid shall be EUR 18,15/100 kg for all milk. 

The amounts of aid for other eligible milk products shall be determined taking 
into account the milk components of the product concerned." 

(21) 

The  following  Section  IVa  is  inserted  after  Section IV  of  Chapter IV  of  Title I  of 
Part II: 

“SECTION IVA 
AIDS IN THE FRUIT AND VEGETABLES SECTOR 

SUBSECTION I 
PRODUCER GROUPS 

Article 103a 
Aid to producer groups 

1.  During  the  transitional  period  allowed  pursuant  to  Article 125e,  to  producer 
groups  in  the  fruit  and  vegetables  sector  which  have  been  formed  in  view  of 
being recognised as a producer organisation, Member States may grant to such 
producer groups: 

(a) 

(b) 

aid  to  encourage  their  formation  and  facilitate  their  administrative 
operation; 

aid, provided either directly or through credit institutions, to cover part of 
the  investments  required  to  attain  recognition  and  set  out  in  the 
recognition plan referred to in the third subparagraph of Article 125e(1). 

2. 

3. 

The  aid  referred  to  in  paragraph  1  shall  be  reimbursed  by  the  Community  in 
accordance  with  rules  to  be  adopted  by  the  Commission  on  the  financing  of 
such  measures,  including  the  thresholds  and  ceilings  and  the  degree  of 
Community financing. 

The  aid  referred  to  in  point  (a)  of  paragraph  1  shall  be  determined  for  each 
producer group on the basis of its marketed production and shall amount, for 
the first, second, third, fourth and fifth years, to: 

(a) 

10%,  10%,  8%,  6%  and  4%  respectively  of  the  value  of  marketed 
production in the Member States which acceded to the European Union 
on 1 May 2004 or thereafter, and 

(b)  5%,  5%,  4%,  3%  and  2%,  respectively  of  the  value  of  marketed 
production in the outermost regions of the Community as referred to in 
Article 299(2) of the Treaty or in the smaller Aegean Islands as referred 
to in Article 1(2) of Council Regulation (EC) No 1405/2006*. 

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Those  rates  may  be  reduced  in  relation  to  the  value  of  marketed  production 
which exceeds a threshold. A ceiling may be applied to the aid payable in any 
given year to a producer group. 

SUBSECTION II 
OPERATIONAL FUNDS AND OPERATIONAL PROGRAMMES 

Article 103b 
Operational funds 

1. 

Producer  organisations  in  the  fruit  and  vegetables  sector  may  set  up  an 
operational fund. The fund shall be financed by: 

(a) 

financial contributions of members or of the producer organisation itself; 

(b)  Community  financial  assistance  which  may  be  granted  to  producer 

organisations. 

2.  Operational  funds  shall  be  used  only  to  finance  operational  programmes 

approved by Member States in accordance with Article 103f. 

Article 103c 
Operational programmes 

1.  Operational programmes shall have two or more of the objectives referred to in 

Article 122(c) or of the following objectives: 

(a) 

planning of production, 

(b) 

improvement of product quality, 

(c) 

boosting products' commercial value, 

(d)  promotion of the products, whether in a fresh or processed form, 

(e) 

environmental  measures  and  methods  of  production  respecting  the 
environment, including organic farming, 

(f) 

crisis prevention and management. 

2. 

Crisis  prevention  and  management  shall  be  related  to  avoiding  and  dealing 
with crises on the fruit and vegetable markets and shall cover in this context: 

(a)  market withdrawal, 

(b)  green harvesting or non-harvesting of fruit and vegetables, 

(c) 

promotion and communication, 

(d) 

training measures, 

(e) 

(f) 

harvest insurance, 

support for the administrative costs of setting up mutual funds. 

Crisis  prevention  and  management  measures,  including  any  repayment  of 
capital and interest as referred to in the third subparagraph, shall not comprise 
more than one-third of the expenditure under the operational programme. 

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In  order  to  finance  crisis  prevention  and  management  measures,  producer 
organisations  may  take  out  loans  on  commercial  terms.  In  this  case,  the 
repayment  of  the  capital  and  interest  on  those  loans  may  form  part  of  the 
operational  programme  and  so  may  be  eligible  for  Community  financial 
assistance under Article 103d. Any specific action under crisis prevention and 
management shall be financed either by such loans, or directly, but not both. 

3.  Member States shall provide that: 

(a) 

(b) 

operational  programmes  shall  include  two  or  more  environmental 
actions, or 

at  least  10%  of  the  expenditure  under  operational  programmes  shall 
cover environmental actions. 

Environmental  actions  shall  respect  the  requirements  for  agri-environment 
payments  set  out  in  the  first  subparagraph  of  Article 39(3)  of  Council 
Regulation  (EC)  No 1698/2005  of  20  September  2005  on  support  for  rural 
development  by  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD)**. 

Where  at  least  80%  of  the  producer  members  of  a  producer  organisation  are 
subject  to  one  or  more  identical  agri-environment  commitments  under  that 
provision then each one of those commitments shall count as an environmental 
action as referred to in point (a) of the first subparagraph. 

Support for the environmental actions referred to in the first subparagraph shall 
cover additional costs and income foregone resulting from the action. 

Paragraph 3 shall only apply in Bulgaria and Romania from 1 January 2011. 

Investments which increase environmental pressure shall only be permitted in 
situations  where  effective  safeguards  to  protect  the  environment  from  these 
pressures are in place. 

Article 103d 
Community financial assistance 

The  Community  financial  assistance  shall  be  equal  to  the  amount  of  the 
financial  contributions  referred  to  in  Article 103b(1)(a)  as  actually  paid  but 
limited to 50% of the actual expenditure incurred. 

The Community financial assistance shall be capped at 4,1% of the value of the 
marketed production of each producer organisation. 

However,  that  percentage  may  be  increased  to  4,6%  of  the  value  of  the 
marketed production provided that the amount in excess of 4,1% of the value 
of the marketed production is used solely for crisis prevention and management 
measures. 

4. 

5. 

1. 

2. 

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3.  At  the  request  of  a  producer  organisation,  the  percentage  provided  for  in 
paragraph 1  shall  be  60%  for  an  operational  programme  or  part  of  an 
operational programme where it meets at least one of the following conditions: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

it is submitted by several Community producer organisations operating in 
different Member States on transnational schemes; 

it  is  submitted  by  one  or  more  producer  organisations  engaged  in 
schemes operated on an interbranch basis; 

it  covers  solely  specific  support  for  the  production  of  organic  products 
covered  by  Council  Regulation  (EC)  No  834/2007  of  28 June  2007  on 
organic production and labelling of organic products***; 

it  is  submitted  by  a  producer  organisation  in  one  of  the  Member  States 
which  acceded  to  the  European  Union  on  1  May  2004  or  thereafter  for 
measures running no later than the end of 2013; 

it is the first to be submitted by a recognised producer organisation which 
has merged with another recognised producer organisation; 

it  is  the  first  to  be  submitted  by  a  recognised  association  of  producer 
organisations; 

it  is  submitted  by  producer  organisations  in  Member  States  where 
producer  organisations  market  less  than  20%  of  fruit  and  vegetables 
production; 

it is submitted by a producer organisation in one of the outermost regions 
of the Community; 

it covers solely specific support for actions to promote the consumption 
of fruit and vegetables targeted at children in educational establishments. 

4. 

The  percentage  provided  for  in  paragraph  1  shall  be  100 %  in  the  case  of 
market  withdrawals  of  fruit  and  vegetables  which  shall  not exceed  5%  of  the 
volume  of  marketed  production  of  each  producer  organisation  and  which  are 
disposed of by way of: 

(a) 

(b) 

free distribution to charitable organisations and foundations, approved to 
that  effect  by  the  Member  States,  for  use  in  their  activities  to  assist 
persons whose right to public assistance is recognised in national law, in 
particular because they lack the necessary means of subsistence; 

free  distribution  to  penal  institutions,  schools  and  public  education 
institutions and to children's holiday camps as well as to hospitals and old 
people's  homes  designated  by  the  Member  States,  which  shall  take  all 
necessary  steps  to  ensure  that  the  quantities  thus  distributed  are 
additional to the quantities normally bought in by such establishments. 

Article 103e 
National financial assistance 

1. 

In regions of the Member States where the degree of organisation of producers 
is particularly low, Member States may be authorised by the Commission, on a 
duly  substantiated  request,  to  pay  producer  organisations  national  financial 

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assistance equal to a maximum of 80% of the financial contributions referred to 
in  Article 103b(1)(a).  This  assistance  shall  be  additional  to  the  operational 
fund. 

In  regions  of  Member  States  where  producer  organisations  market  less  than 
15%  of  the  value  of  fruit  and  vegetable  production  and  whose  fruit  and 
vegetable production represents at least 15% of their total agricultural output, 
the  assistance  referred  to  in  the  first  subparagraph  may  be  reimbursed  by  the 
Community at the request of the Member State concerned. 

2. 

By  way  of  derogation  from  Article  180  of  this  Regulation,  Articles 87,  88 
and 89  of  the  Treaty  shall  not  apply  to  the  national  financial  assistance 
authorised pursuant to paragraph 1. 

Article 103f 
National framework and national strategy for operational programmes 

1.  Member States shall establish a national framework for drawing up the general 
conditions relating to the actions referred to in Article 103c(3). This framework 
shall  provide  in  particular  that  such  actions  shall  meet  the  appropriate 
requirements  of  Council  Regulation  (EC)  No 1698/2005****  including  those 
in its Article 5 on complementarity, consistency and conformity. 

Member  States  shall  submit  their  proposed  framework  to  the  Commission 
which  may  require  modifications  within  three  months  if  it  finds  that  the 
proposal does not enable the attainment of the objectives set out in Article 174 
of 
sixth  Community  environment  action 
programme*****. Investments on individual holdings supported by operational 
programmes shall also respect those objectives. 

the  Treaty  and 

the 

in 

2.  Member  States  shall  establish  a  national  strategy  for  sustainable  operational 
programmes in the fruit and vegetable market. Such a strategy shall provide for 
the following elements: 

(a) 

an analysis of the situation in terms of strengths and weaknesses and the 
potential for development; 

(b) 

justification of the priorities chosen; 

(c) 

the  objectives  of  operational  programmes  and  instruments,  performance 
indicators; 

(d) 

assessment of operational programmes; 

(e) 

reporting obligations for producer organisations. 

The national strategy shall also integrate the national framework referred to in 
paragraph 1. 

3. 

Paragraphs 1 and 2 shall not apply to Member States which have no recognised 
producer organisations. 

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Article 103g 
Approval of operational programmes 

1.  Draft  operational  programmes  shall  be  submitted  to  the  competent  national 
authorities,  who  shall  approve  or  reject  them  or  request  their  modification  in 
line with the provisions of this subsection. 

2. 

3. 

4. 

5. 

Producer  organisations  shall  communicate  to  the  Member  State  the  estimated 
amount  of  the  operational  fund  for  each  year  and  shall  submit  appropriate 
reasons  therefore  based  on  operational  programme  estimates,  expenditure  for 
the current year and possibly expenditure for previous years and, if necessary, 
on estimated production quantities for the next year.  

The  Member  State  shall  notify  the  producer  organisation  or  association  of 
producer  organisations  of  the  estimated  amount  of  Community  financial 
assistance in line with the limits set out in Article 103d. 

Community  financial  assistance  payments  shall  be  made  on  the  basis  of 
expenditure  incurred  for  the  schemes  covered  by  the  operational  programme. 
Advances may be made in respect of the same schemes subject to the provision 
of a guarantee or security. 

The producer organisation shall notify the Member State of the final amount of 
expenditure  for  the  previous  year,  accompanied  by  the  necessary  supporting 
documents,  so  that  it  may  receive  the  balance  of  the  Community  financial 
assistance. 

6.  Operational  programmes  and  their  financing  by  producers  and  producer 
organisations on the one hand and by Community funds on the other shall have 
a minimum duration of three and a maximum duration of five years. 

Article 103h 
Implementing rules 

The Commission shall establish the detailed rules for the application of this section, 
in particular: 

(a) 

those  on  financing  of  the  measures  referred  to  in  Article 103a,  including  the 
thresholds  and  ceilings  for  aid  and  the  degree  of  Community  co-financing  of 
the aid; 

(b) 

the proportion of and the rules on the reimbursement of the measures referred 
to in Article 103e(1); 

(c) 

those on investments on individual holdings; 

(d) 

the dates for the communications and notifications referred to in Article 103g; 

(e) 

provision for partial payments of the Community financial assistance referred 
to in Article 103g. 

OJ L 265, 26.9.2006, p. 1. 
* 
** 
OJ L 277, 21.10.2005, p. 1. 
***  OJ L 189, 20.7.2007, p. 1. 

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****  OJ L 277, 21.10.2005, p. 1. 
***** Decision  No  1600/2002/EC  of  the  European  Parliament  and  of  the  Council  of 
22 July 2002  laying  down  the  Sixth  Community  Environment  Action  Programme  (OJ 
L 242, 10.9.2002, p. 1)." 

(22) 

Article 113 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

“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) 

fruit and vegetables; 

(c) 

processed fruit and vegetables; 

(d)  bananas; 

(e) 

live plants.” 

(b)  Paragraph 2 is amended as follows: 

(i) 

point (a) is amended as follows: 

(ia)  point (iii) is replaced by the following: 

"(iii)  the interest of consumers to receive adequate and transparent 
product  information  as  regards  in  particular  the  country  of 
origin,  the  class  and,  where  appropriate,  the  variety  (or  the 
commercial type), of the product;" 

(ib) 

the following point is added: 

“(v)  as regards the fruit and vegetables and the processed fruit and 
vegetables sectors, the Standard recommendations adopted by 
the UN-Economic Commission for Europe (UN/ECE).” 

(ii)  point (b) is replaced by the following: 

"(b)  may  in  particular  relate  to  quality,  grading  into  classes,  weight, 
transport,  presentation, 

sizing,  packaging,  wrapping,  storage, 
marketing, origin and labelling." 

(23) 

The following Articles 113a and 113b are inserted after Article 113: 

"Article 113a  
Additional requirements for the marketing of the products of the fruit and vegetables sector 

1. 

The  products  of  the  fruit  and  vegetables sector which are intended to be sold 
fresh  to  the  consumer,  may  only  be  marketed  if  they  are  sound,  fair  and  of 
marketable quality and if the country of origin is indicated. 

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2. 

3. 

The  holder  of  products  of  the  fruit  and  vegetables  and  processed  fruit  and 
vegetables  sector  covered  by  marketing  standards  shall  be  responsible  for 
ensuring conformity with the first subparagraph of Article 113(3). 

Further to the second subparagraph of Article 113(3) and without prejudice to 
any  specific  provisions  which  may  be  adopted  by  the  Commission  in 
accordance  with Article 194, in  particular on the consistent application of the 
conformity checks, Member States shall, in respect of the fruit and vegetables 
and  the  processed  fruit  and  vegetables  sectors,  check  selectively,  based  on  a 
risk  analysis,  whether  the  products  concerned  conform  to  the  respective 
marketing  standards.  These  checks  shall  be  focused  on  the  stage  prior  to 
dispatch  from  the  production  areas  when  the  products  are  being  packed  or 
loaded. For products from third countries, checks shall be done prior to release 
for free circulation. 

Article 113b 
Marketing of the meat of bovine animals aged 12 months or less 

1.  Without  prejudice  to  the  provisions  laid  down  in  Article 42(1)(a)  and  (2)  and 
point A of Annex V, the conditions laid down in Annex XIa, in particular the 
sales descriptions to be used set out in point III thereof, shall apply to the meat 
of  bovine  animals  aged  12 months  or  less  slaughtered  after  1 July 2008, 
whether produced in the Community or imported from third countries.  

However,  the  meat  from  animals  aged  12 months  or  less  and  slaughtered 
before  1 July 2008  may  continue  to  be  marketed  without  meeting  the 
conditions laid down in Annex XIa. 

2. 

The conditions referred to in paragraph 1 shall not apply to the meat of bovine 
animals for which a protected designation of origin or geographical indication 
has  been  registered  in  accordance  with  Regulation  (EC)  No 510/2006,  before 
29 June 2007." 

(24) 

Article 121 is amended as follows: 

(a)  Point (a) is replaced by the following: 

“(a)  marketing standards referred to in Articles 113 and 113a including rules 

on: 

(i) 

derogations or exemptions from the application of the standards, 

(ii)  presentation  of particulars required by the standards as well as on 

marketing and labelling; 

(iii) 

(iv) 

the  application  of  the  standards  to  products  imported  into,  or 
exported from, the Community; 

in  respect  of  Article 113a(1),  to  define  what  constitutes  a  product 
which is sound, fair and of marketable quality;” 

(b)  The following point (j) is added: 

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"(j)  as regards the conditions that shall be used in the marketing of the meat 
in  accordance  with 

less 

of  bovine  animals  aged  12 months  or 
Article 113b: 

(i) 

(ii) 

the practical method of indicating the category identification letter 
as defined in point II of Annex XIa, as regards the location and size 
of the characters used; 

the import of meat from third countries as referred to in point VIII 
of Annex XIa, as regards the method of verifying compliance with 
this Regulation." 

(c)  The following paragraph is added:  

“The  Commission  may  amend  Part  B  of  the  table  set  up  in  point III(2)  of 
Annex XIa.” 

(25) 

Article 122 is amended as follows: 

(a)  Point (a) is replaced by the following: 

"(a)  are constituted by producers of one of the following sectors: 

(i) 

hops; 

(ii)  olive oil and table olives; 

(iii)  fruit  and  vegetables  in  respect  of  farmers  growing  one  or  more 
products of that sector and/or of such products solely intended for 
processing; 

(iv)  silkworm;" 

(b)  Point (c)(iii) is replaced by the following: 

"(iii)  promoting  the  rationalisation  and  mechanisation  of  production,  in 
particular in view of optimising production costs and stabilising producer 
prices." 

(26) 

Article 123 is amended as follows: 

(a)  The first paragraph becomes paragraph 1. 

(b)  The second paragraph is replaced by the following: 

"2.  Where interbranch organisations referred to in paragraph 1 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. 

3. 

Further  to  paragraph  1,  Member  States  shall  also  recognise  interbranch 
organisations which: 

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(a) 

(b) 

(c) 

are made up of representatives of economic activities linked to the 
production of, trade in and/or processing of the products of the fruit 
and vegetables sector; 

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

carry  out  two  or  more  of  the  following  activities  in  one  or  more 
regions  of  the  Community,  taking  into  account  the  interests  of 
consumers: 

(i) 

improving knowledge and the transparency of production and 
the market, 

(ii)  helping to coordinate better the way fruit and vegetables are 
placed on the market, in particular by means of research and 
market studies, 

(iii)  drawing  up  standard  forms  of  contract  compatible  with 

Community rules, 

(iv)  exploiting  to  a  fuller  extent  the  potential  of  the  fruit  and 

vegetables produced, 

(v)  providing  the  information  and  carrying  out  the  research 
necessary to adjust production towards products more suited 
to market requirements and consumer tastes and expectations, 
in particular with regard to product quality and protection of 
the environment, 

(vi)  seeking  ways  of  restricting  the  use  of  plant-health  products 
and  other  inputs  and  ensuring  product  quality  and  soil  and 
water conservation, 

(vii)  developing  methods  and  instruments  for  improving  product 

quality, 

(viii)  exploiting the potential of and protecting organic farming as 
well as designations of origin, quality labels and geographical 
indications, 

(ix)  promoting  integrated  production  or  other  environmentally 

sound production methods, 

(x) 

laying  down  rules,  as  regards  the  production  and  marketing 
rules referred to in points 2 and 3 of Annex XVIa, which are 
stricter than Community or national rules." 

(27) 

The following Section Ia is inserted after Section I of Chapter II of Title II of Part II: 

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"SECTION IA  
RULES CONCERNING OPERATOR AND INTERBRANCH ORGANISATIONS  
IN THE FRUIT AND VEGETABLES SECTOR 

SUBSECTION I 
RULES OF ASSOCIATION AND RECOGNITION OF PRODUCER ORGANISATIONS 

Article 125a 
Rules of association of producer organisations 

1. 

The rules of association of a producer organisation in the fruit and vegetables 
sector shall require its producer members, in particular, to: 

(a) 

apply  the  rules  adopted  by  the  producer  organisation  relating  to 
production  reporting,  production,  marketing  and  protection  of  the 
environment; 

(b)  belong to only one producer organisation in respect of a given holding's 

production of any given product referred to in Article 122(a)(iii); 

(c)  market 

their  entire  production  concerned 

through 

the  producer 

organisation. 

(d)  provide  the  information  requested  by  the  producer  organisation  for 
statistical  purposes,  in  particular  on  growing  areas,  quantities  cropped, 
yields and direct sales; 

(e) 

pay the financial contributions provided for in its rules of association for 
the establishment and replenishment of the operational fund provided for 
in Article 103b. 

2.  Notwithstanding point (c) of paragraph 1, where the producer organisation so 
authorises and where this is in compliance with the terms and conditions laid 
down by the producer organisation, the producer members may: 

(a) 

sell no more than a fixed percentage of their production and/or products 
directly on their holdings and/or outside their holdings to consumers for 
their personal needs, such percentages being fixed by Member States at 
not less than 10%; 

(b)  market  themselves  or  through  another  producer  organisation  designated 
by  their  own  organisation,  quantities  of  products  which  are  marginal  in 
relation to the volume of marketable production of their organisation; 

(c)  market  themselves  or  through  another  producer  organisation  designated 
by 
their 
their  own  organisation  products  which,  because  of 
characteristics, are not normally covered by the commercial activities of 
the producer organisation concerned. 

3. 

The rules of association of a producer organisation shall also provide for:  

(a) 

procedures for determining, adopting and amending the rules referred to 
in paragraph 1; 

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(b) 

(c) 

the  imposition  on  members  of  financial  contributions  needed  to  finance 
the producer organisation; 

rules  enabling  the  producer  members  to  scrutinise  democratically  their 
organisation and its decisions; 

(d)  penalties  for  infringement  of  obligations  under  the  rules  of  association, 
particularly  non-payment  of  financial  contributions,  or  of  the  rules  laid 
down by the producer organisation; 

(e) 

(f) 

rules  on  the  admission  of  new  members,  particularly  a  minimum 
membership period;  

the  accounting  and  budgetary  rules  necessary  for  the  operation  of  the 
organisation. 

4. 

Producer  organisations  in  the  fruit  and  vegetables  sector  shall  be  deemed  as 
acting in the name of, and on behalf of, their members in economic matters. 

Article 125b 
Recognition 

1.  Member  States  shall  recognise  as  producer  organisations  all  legal  entities  or 
clearly  defined  parts  of  legal  entities  applying  for  such  recognition,  provided 
that: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

they  have  the  objective  of  the  use  of  environmentally  sound  cultivation 
practices,  production  techniques  and  waste  management  practices  in 
particular to protect the quality of water, soil and landscape and preserve 
or  encourage  biodiversity  and  meet  the  requirements  laid  down  in 
Articles 122 and 125a and provide the relevant evidence therefore;  

they have a minimum number of members and cover a minimum volume 
or value of marketable production to be laid down by Member States, and 
provide the relevant evidence therefore; 

there  is  sufficient  evidence  that  they  can  carry  out  their  activities 
properly, both over time and in terms of effectiveness and concentration 
of  supply,  to  which  end  Member  States  may  decide  which  of  the 
products, or groups of products referred to in Article 122(a)(iii) should be 
covered by the producer organisation; 

they  effectively  enable  their  members  to  obtain  technical  assistance  in 
using environmentally-sound cultivation practices; 

they  effectively  provide  their  members,  where  necessary,  with  the 
technical  means  for  collecting,  storing,  packaging  and  marketing  their 
produce; 

they  ensure  proper  commercial  and  accounting  management  of  their 
activities; and 

they  do  not  hold  a  dominant  position  on  a  given  market  unless  this  is 
necessary in pursuance of the goals of Article 33 of the Treaty. 

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2.  Member States shall: 

(a)  decide  whether  to  grant  recognition  to  a  producer  organisation  within 
three  months  of  the  lodging  of  an  application  accompanied  by  all  the 
relevant evidence; 

(b) 

carry  out  checks  at  regular  intervals  to  ascertain  that  producer 
organisations  comply  with  this  Title,  impose  the  penalties  on  such 
organisations in the event of non-compliance or irregularities concerning 
the  provisions  of  this  Regulation  and  decide,  where  necessary,  to 
withdraw recognition; 

(c) 

notify the Commission, once per year, of every decision to grant, refuse 
or withdraw recognition. 

SUBSECTION II 
ASSOCIATION OF PRODUCER ORGANSIATIONS AND PRODUCER GROUPS 

Article 125c 
Association of producer organisations in the fruit and vegetables sector 

An  association  of  producer  organisations  in the  fruit  and  vegetables  sector  shall  be 
formed on the initiative of recognised producer organisations and may carry out any 
of the activities of a producer organisation referred to in this Regulation. To this end, 
Member States may recognise, on request, an association of producer organisations 
where: 

(a) 

(b) 

the  Member  State  considers  that  the  association  is  capable  of  effectively 
carrying out those activities, and  

the association does not hold a dominant position on a given market unless this 
is necessary in pursuance of the goals of Article 33 of the Treaty. 

Article 125a(4) shall apply mutatis mutandis.  

Article 125d 
Outsourcing 

Member  States  may  permit  a  recognised  producer  organisation  in  the  fruit  and 
vegetables sector or a recognised association of producer organisations in that sector 
to outsource any of its activities, including to subsidiaries, provided that it provides 
sufficient  evidence  to  the  Member  State  that  doing  so  is  an  appropriate  way  to 
achieve  the  objectives  of  the  producer  organisation  or  association  of  producer 
organisations concerned. 

Article 125e 
Producer groups in the fruit and vegetables sector 

1. 

In  Member  States  which  acceded  to  the  European  Union  on  1 May 2004  or 
thereafter,  or  in  the  outermost  regions  of  the  Community  as  referred  to  in 
Article 299(2) of the Treaty, or in the smaller Aegean Islands as referred to in 
Article 1(2)  of  Regulation  (EC)  No 1405/2006  producer  groups  may  be 

EN 

25 

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formed, on the initiative of farmers who are growers of one or more products 
of  the  fruit  and  vegetables  sector  and/or  of  such  products  solely  intended  for 
processing, with a view to being recognised as a producer organisation.  

Such  producer  groups  may  be  allowed  a  transitional  period  in  which  to  meet 
the  conditions  for  recognition  as  a  producer  organisation  in  accordance  with 
Article 122. 

In  order  to  qualify,  those  producer  groups  shall  present  a  phased  recognition 
plan to the relevant Member State, acceptance of which shall signal the start of 
the  transitional  period  referred  to  in  the  second  subparagraph  and  shall 
constitute  a  preliminary  recognition.  The  transitional  period  shall  be  no  more 
than five years long. 

2. 

Before  acceptance  of  the  recognition  plan,  Member  States  shall  inform  the 
Commission of their intentions and the likely financial implications thereof. 

SUBSECTION III 
EXTENSION OF RULES TO PRODUCERS OF AN ECONOMIC AREA 

Article 125f 
Extension of rules 

1. 

In cases where a producer organisation in the fruit and vegetables sector which 
operates  in  a  specific  economic  area  is  considered,  in  respect  of  a  specific 
product,  to  be  representative  of  production  and  producers  in  that  area,  the 
Member  State  concerned  may,  at  the  request  of  the  producer  organisation, 
make  the  following  rules  binding  on  producers  established  in  that  economic 
area who do not belong to the producer organisation: 

(a) 

the rules referred to in Article 125a(1)(a), 

(b) 

rules 

the 
Article 103c(2)(c). 

required 

to 

implement 

the  measures 

referred 

to 

in 

The first subparagraph shall apply on condition that those rules: 

(a) 

have been in force for at least one marketing year, 

(b) 

are included in the exhaustive list in Annex XVIa, 

(c) 

are made binding for no more than three marketing years. 

However,  the  condition  referred  to  in  point (a)  of  the  second  subparagraph 
shall  not  apply  if  the  rules  concerned  are  those  listed  in  points 1,  3  and  5  of 
Annex XVIa. In this case, the extension of rules may not apply for more than 
one marketing year. 

2. 

For  the  purposes  of  this  subsection,  "economic  area"  means  a  geographical 
zone  made  up  of  adjoining  or  neighbouring  production  regions  in  which 
production and marketing conditions are homogeneous. 

Member States shall notify a list of economic areas to the Commission. 

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26 

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Within  one  month  of  notification,  the  Commission  shall  approve  the  list  or 
shall,  after  consultation  with  the  Member  State  concerned,  decide  on  the 
amendments which the latter must make to it. The Commission shall make the 
approved list publicly available by the methods it considers appropriate. 

3.  A producer organisation shall be deemed representative within the meaning of 
paragraph 1 where its members account for at least 50% of the producers in the 
economic area in which it operates and it covers at least 60% of the volume of 
production of that area. Without prejudice to paragraph 5, in calculating these 
percentages  account  shall  not  be  taken  of  producers  or  production  of  organic 
products covered by Regulation (EC) No 834/2007. 

4. 

The rules which are made binding on all producers in a specific economic area: 

(a) 

(b) 

shall  not  cause  any  damage  to  other  producers  in  the  Member  State 
concerned or in the Community; 

shall not apply, unless they expressly  cover them, to  products  delivered 
for  processing  under  a  contract  signed  before  the  beginning  of  the 
marketing  year,  with  the  exception  of  the  rules  on  production  reporting 
referred to in Article 125a(1)(a); 

(c) 

shall not be incompatible with Community and national rules in force. 

5. 

Rules may not be made binding on producers of organic products covered by 
Regulation (EC) No 834/2007 unless such a measure has been agreed to by at 
least  50%  of  such  producers  in  the  economic  area  in  which  the  producer 
organisation  operates  and  that  organisation  covers  at  least  60%  of  such 
production of that area. 

Article 125g 
Notification  

Member States shall notify the Commission forthwith of the rules which they have 
made  binding  on  all  producers 
to 
Article 125f(1).  The  Commission  shall  make  these  rules  publicly  available  by  the 
methods it considers appropriate. 

in  a  specific  economic  area  pursuant 

Article 125h 
Repeal of the extension of rules  

The  Commission  shall  decide  that  a  Member  State  shall  repeal  an  extension  of  the 
rules decided on by that Member State pursuant to Article 125f(1): 

(a)  where  it  finds  that  the  extension  in  question  to  other  producers  excludes 
competition in a substantial part of the internal market or jeopardises free trade, 
or that the objectives of Article 33 of the Treaty are endangered; 

(b)  where it finds that Article 81(1) of the Treaty applies to the rules extended to 
other  producers.  The  Commission's  decision  with  regard  to  those  rules  shall 
apply only from the date of such a finding; 

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27 

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(c)  where it finds after checks that this subsection has not been complied with. 

Article 125i 
Financial contributions of non-member producers 

Where  Article  125f(1)  is  applied,  the  Member  State  concerned  may  decide,  on 
scrutiny  of  evidence  presented,  that  non-member  producers  shall  be  liable  to  the 
producer organisation for the part of the financial contributions paid by the producer 
members, insofar as these are used to cover: 

(a) 

(b) 

administrative  costs  resulting  from  applying 
Article 125f(1); 

the  rules  referred 

to 

in 

the  cost  of  research,  market  studies  and  sales  promotion  undertaken  by  the 
organisation or association and benefiting all producers in the area. 

Article 125j 
Extension of rules of associations of producer organisations 

For the purposes of this subsection, any reference to producer organisations shall also 
be construed as a reference to recognised associations of producer organisations. 

SUBSECTION IV 
INTERBRANCH ORGANISATIONS IN THE FRUIT AND VEGETABLES SECTOR 

Article 125k 
Recognition and withdrawal of recognition 

1. 

If warranted by the Member State's structures, Member States may recognise as 
interbranch organisations all organisations established on their territory which 
make an appropriate application, on condition that: 

(a) 

(b) 

(c) 

(d) 

they carry out their activity in one or more regions in the Member State 
concerned; 

they  represent  a  significant  share  of  the  production  of,  trade  in  and/or 
processing of fruit and vegetables and products processed from fruit and 
vegetables in the region or regions in question and, where more than one 
level  of 
region 
representativeness  in  each  region  for  each  of  the  branches  that  they 
group; 

they  can  demonstrate  a  minimum 

involved, 

is 

they  carry  out 
Article 123(3)(c); 

two  or  more  of 

the  activities  referred 

to 

in 

they  are  not  themselves  engaged  in  the  production  or  processing  or 
marketing  of  fruit  and  vegetables  or  products  processed  from  fruit  and 
vegetables; 

(e) 

they  do  not  engage  in  any  of  the  agreements,  decisions  and  concerted 
practices referred to in Article 176a(4). 

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28 

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2. 

Before granting recognition Member States shall notify the Commission of the 
interbranch  organisations  which  have  applied  for  recognition,  providing  all 
relevant information about their representativeness and their various activities, 
together with all other information needed for an assessment. 

The Commission may object to recognition within a time limit of two months 
after notification. 

3.  Member States shall: 

(a) 

(b) 

decide whether to grant recognition within three months of the lodging of 
an application with all relevant supporting documents; 

carry  out  checks  at  regular  intervals  to  ascertain  that  interbranch 
organisations  comply  with  the  terms  and  conditions  for  recognition, 
impose  the  penalties  on  such  organisations  in  the  event  of  non-
compliance or irregularities concerning the provisions of this Regulation 
and decide, where necessary, to withdraw recognition; 

(c)  withdraw recognition if: 

(i) 

(ii) 

the  requirements  and  conditions  for  recognition  laid  down  in  this 
subsection are no longer met; 

the  interbranch  organisation  engages  in  any  of  the  agreements, 
decisions  and  concerted  practices  referred  to  in  Article 176a(3), 
without prejudice to any other penalties to be imposed pursuant to 
national law; 

(iii) 

the  interbranch  organisation  fails  to  comply  with  the  notification 
obligation referred to in Article 176a(2); 

4. 

5. 

6. 

(d)  notify  the  Commission,  within  two  months,  of  any  decision  to  grant, 

refuse or withdraw recognition. 

The  Commission  shall  lay  down  the  terms  and  conditions  on  which  and  the 
frequency  with  which  the  Member  States  are  to  report  to  the  Commission  on 
the activities of interbranch organisations. 

The  Commission  may,  as  a  result  of  checks,  request  a  Member  State  to 
withdraw recognition. 

Recognition shall constitute an authorisation to carry out the activities listed in 
Article 123(3)(c), subject to the terms of this Regulation. 

The Commission shall make publicly available a list of recognised interbranch 
organisations, by the methods it considers appropriate, indicating the economic 
sphere  or  the  area  of  their  activities  and  the  activities  carried  out  within  the 
meaning  of  Article 125 l.  Withdrawals  of  recognition  shall  also  be  made 
publicly available. 

EN 

29 

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Article 125 l 
Extension of rules 

1. 

In  cases  where  an  interbranch  organisation  operating  in  a  specific  region  or 
regions of a Member State is considered to be representative of the production 
of  or  trade  in  or  processing  of  a  given  product,  the  Member  State  concerned 
may, at the request of that interbranch organisation, make binding some of the 
agreements, decisions or concerted practices agreed on within that organisation 
for  a  limited  period  on  other  operators  operating  in  the  region  or  regions  in 
question, whether individuals or groups, who do not belong to the organisation. 

2.  An interbranch organisation shall be deemed representative within the meaning 
of  paragraph 1  where  it  accounts  for  at  least  two  thirds  of  the  production  or 
trade  in  or  processing  of  the  product  or  products  concerned  in  the  region  or 
regions concerned of a Member State. Where the application for extension of 
its  rules  to  other  operators  covers  more  than  one  region,  the  interbranch 
organisation must demonstrate a minimum level of representativeness for each 
of the branches it groups in each of the regions concerned. 

3. 

The rules for which extension to other operators may be requested: 

(a) 

shall have one of the following aims: 

(i) 

production and market reporting, 

(ii) 

stricter  production  rules  than  those  laid  down  in  Community  or 
national rules, 

(iii)  drawing  up  of  standard  contracts  which  are  compatible  with 

Community rules, 

(iv) 

rules on marketing, 

(v) 

rules on protecting the environment, 

(vi)  measures to promote and exploit the potential of products, 

(vii)  measures  to  protect  organic  farming  as  well  as  designations  of 

origin, quality labels and geographical indications; 

(b) 

shall have been in force for at least one marketing year; 

(c)  may be made binding for no more than three marketing years; 

(d) 

shall  not  cause  any  damage  to  other  operators  in  the  Member  State 
concerned or the Community. 

However, the condition referred to in point (b) of the first subparagraph shall 
not  apply  if  the  rules  concerned  are  those  listed  in  points 1,  3  and  5  of 
Annex XVIa. In this case, the extension of rules may not apply for more than 
one marketing year. 

4. 

The rules referred to in points (a)(ii), (iv) and (v) of paragraph 3 shall not be 
other than those set out in Annex XVIa. The rules referred to in point (a)(ii) of 

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30 

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paragraph 3  shall  not  apply  to  products  which  were  produced  outside  the 
specific region or regions referred to in paragraph 1. 

Article 125m 
Notification and repeal of the extension of rules 

1.  Member States shall notify the Commission forthwith of the rules which they 
have made binding on all operators in one or more specific regions pursuant to 
Article 125l(1). The Commission shall make those rules publicly available by 
the methods it considers appropriate. 

2. 

3. 

Before the rules are made publicly available, the Commission shall inform the 
Committee  set  up  by  Article 195  of  any  notification  of  the  extension  of 
interbranch agreements. 

The Commission shall decide that a Member State must repeal an extension of 
the  rules  decided  on  by  that  Member  State  in  the  cases  referred  to  in 
Article 125h. 

Article 125n 
Financial contributions of non-members 

In cases where rules for one or more products are extended and where one or more of 
the activities referred to in Article 125l(3)(a) are pursued by a recognised interbranch 
organisation  and  are  in  the  general  economic  interest  of  those  persons  whose 
activities relate to one or more of the products concerned, the Member State which 
has  granted  recognition  may  decide  that  individuals  or  groups  which  are  not 
members of the interbranch organisation but which benefit from those activities shall 
pay the organisation all or part of the financial contributions paid by its members to 
the  extent  that  such  contributions  are  intended  to  cover  costs  directly  incurred  as  a 
result of pursuing the activities in question." 

(28) 

Article 127(e) is replaced by the following: 

“(e)  as  the  case  may  be,  the  rules  on  transnational  producer  organisations  and 
transnational  associations  of  producer  organisations  including  administrative 
assistance  to  be  given  by  the  relevant  competent  authorities  in  the  case  of 
transnational cooperation; 

(f) 

as the case may be, any effects deriving from the recognition as an interbranch 
organisation." 

(29) 

In Article 130, points (g) to (o) are replaced by the following: 

"(g)  fruit and vegetables; 

(h)  processed fruit and vegetables; 

(i) 

(j) 

bananas; 

live plants; 

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(k)  beef and veal; 

(l)  milk and milk products; 

(m)  pig meat; 

(n) 

sheep meat and goat meat; 

(o) 

eggs; 

(p)  poultry meat; 

(q) 

agricultural ethyl alcohol." 

(30) 

After Article 140, the following Article140a is inserted: 

"Article 140a 
Entry price system for the fruit and vegetables and the processed fruit and vegetables 
sectors 

1. 

Should application of the common customs tariff duty rate depend on the entry 
price of the imported consignment, the veracity of this price shall be checked 
using a flat-rate import value calculated by the Commission, by product and by 
origin,  on  the  basis  of  the  weighted  average  of  prices  for  the  product  on 
Member  States'  representative  import  markets  or  on  other  markets,  where 
appropriate. 

Specific provisions may, however, be adopted by the Commission for verifying 
the entry price of products imported primarily for processing. 

2.  Where  the  declared  entry  price  of  the  consignment  in  question  is  higher  than 
the flat-rate import value, increased by a margin set by the Commission which 
may not exceed the flat-rate value by more than 10%, the lodging of a security 
equal to the import duty determined on the basis of the flat-rate import value 
shall be required. 

3. 

If the entry price of the consignment in question is not declared at the time of 
customs  clearance,  the  common  customs  tariff  duty  rate  to  be  applied  shall 
depend  on  the  flat-rate  import  value  or  be  arrived  at  by  application  of  the 
relevant  customs  legislation  provisions  under  conditions  to  be  determined  by 
the Commission." 

(31) 

In Article 141(1), the introductory words are replaced by the following: 

“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,  fruit  and 
vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig 
meat,  sheep  meat  and  goat  meat,  eggs,  poultry  and  bananas  sectors,  in  order  to 
prevent  or  counteract  adverse  effects  on  the  market  of  the  Community  which  may 
result from those imports, if:” 

(32) 

In Article 153, paragraph 1 is replaced by the following: 

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"1.  A  traditional  supply  need  of  sugar  for refining is  fixed  for  the  Community at 

2 324 735 tonnes per marketing year, expressed in white sugar." 

(33) 

In Article 161(1), the following points are inserted after point (d): 

"(e)  fruit and vegetables; 

(f) 

processed fruit and vegetables; 

(g)  beef and veal; 

(h)  milk and milk products; 

(i) 

(j) 

pig meat; 

sheep meat and goat meat; 

(k) 

eggs; 

(l) 

poultry meat; 

(m)  agricultural ethyl alcohol." 

(34) 

The following Article is inserted after Article 176: 

"Article 176a 
Agreements and concerted practices in the fruit and vegetables sector 

1.  Article  81(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
concerted practices of recognised interbranch organisations with the object of 
carrying out the activities referred to in Article 123(3)(c) of this Regulation. 

2. 

Paragraph 1 shall apply only provided that: 

(a) 

the  agreements,  decisions  and  concerted  practices  have  been  notified  to 
the Commission; 

(b)  within two months of receipt of all the details required the Commission 
has  not  found  that  the  agreements,  decisions  or  concerted  practices  are 
incompatible with Community rules. 

3. 

4. 

The  agreements,  decisions  and  concerted  practices  may  not  be  put  into  effect 
before the lapse of the period referred to in paragraph 2(b). 

The following agreements, decisions and concerted practices shall in any case 
be declared incompatible with Community rules: 

(a) 

(b) 

(c) 

agreements,  decisions  and  concerted  practices  which  may  lead  to  the 
partitioning of markets in any form within the Community; 

agreements,  decisions  and  concerted  practices  which  may  affect  the 
sound operation of the market organisation; 

agreements,  decisions  and  concerted  practices  which  may  create 
distortions  of  competition  which  are  not  essential  to  achieving  the 

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objectives of the common agricultural policy pursued by the interbranch 
organisation activity; 

(d) 

(e) 

agreements, decisions and concerted practices which entail the fixing of 
prices,  without  prejudice  to  activities  carried  out  by  interbranch 
organisations in the application of specific Community rules; 

agreements,  decisions  and  concerted  practices  which  may  create 
discrimination  or  eliminate  competition  in  respect  of  a  substantial 
proportion of the products in question. 

5. 

If, following expiry of the two-month period referred to in paragraph 2(b), the 
Commission finds that the conditions for applying paragraph 1 have not been 
met, it shall take a Decision declaring that Article 81(1) of the Treaty applies to 
the agreement, decision or concerted practice in question. 

That  Commission  Decision  shall  not  apply  earlier  than  the  date  of  its 
notification  to  the  interbranch  organisation  concerned,  unless  that  interbranch 
organisation has given incorrect information or abused the exemption provided 
for in paragraph 1. 

6. 

In the case of multiannual agreements, the notification for the first year shall be 
valid  for  the  subsequent  years  of  the  agreement.  However,  in  that  event,  the 
Commission  may,  on  its  own  initiative  or  at  the  request  of  another  Member 
State, issue a finding of incompatibility at any time." 

(35) 

Article 179 is replaced by the following: 

"Article 179 
Implementing rules in respect of agreements and concerted practices in the fruit and 
vegetables and tobacco sectors 

The  Commission  may  adopt  the  detailed  rules  for  the  application  of  Articles 176a, 
177 and 178, including the rules concerning notification and publication." 

(36) 

Article 182 is amended as follows: 

(a)  Paragraph 2 is replaced by the following: 

“2.  Subject  to  Commission  authorisation,  Finland  may  grant  aid  for  certain 
quantities  of  seeds,  with  the  exception  of  Timothy  seeds  (Phleum 
pratense L.), and for certain quantities of cereal seed produced solely in 
Finland up to and including the 2010 harvest. 

By  31  December  2008  at  the  latest,  Finland  shall  transmit  to  the 
Commission a detailed report on the results of the aid authorised." 

(b)  The following paragraphs are added: 

"5.  Member  States  may  continue  to  pay  state  aids  under  any  existing 
schemes  in  respect  of  the  production  of  and  trade  in  potatoes,  fresh  or 
chilled, of CN code 0701 until 31 December 2011; 

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6.  With regard to the fruit and vegetables sector, Member States may pay a 

state aid until 31 December 2010 under the following conditions: 

(a) 

(b) 

(c) 

the state aid is paid only to producers of fruit and vegetables who 
are not members of a recognised producer organisation, who sign a 
contract  with  a  recognised  producer  organisation  in  which  they 
accept that they shall apply the crisis prevention and management 
measures of the producer organisation concerned; 

the amount of aid paid to such producers is no more than 75% of 
the  Community  support  received  by  the  members  of  the  producer 
organisation concerned; and 

the  Member  State  concerned  presents  a  report  to  the  Commission 
before  31  December  2010  at  the  latest  on  the  effectiveness  and 
efficiency of the state aid, in particular analysing how much it has 
supported  the  organisation  of  the  sector.  The  Commission  will 
examine  the  report  and  decide  whether  to  make  any  appropriate 
proposals." 

(37) 

In Article 184, the following point is added: 

"(4)  to  the  European  Parliament  and  the  Council  by  31 December  2013  on  the 
implementation of the provisions set out in Section IVa of Chapter IV of Title I 
of Part II and Chapter II of Title II of Part II as regards producer organisations, 
operational  funds  and  operational  programmes  in  the  fruit  and  vegetables 
sector." 

(38) 

The following Article is inserted after Article 203: 

"Article 203a 
Transitional rules in the fruit and vegetables and the processed fruit and vegetables sectors 

1. 

2. 

The aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96 
and  abolished  by  Regulation  (EC)  No 1182/2007  shall  remain  applicable  in 
respect  of  each  of  the  products  concerned  for  the  marketing  year  for  that 
product ending in 2008. 

Producer  organisations  and  associations  of  producer  organisations  already 
recognised  under  Regulation  (EC)  No 2200/96  before  the  date  of  entry  into 
force of this Regulation shall continue to be recognised under this Regulation. 
Where  necessary,  they  shall  make  adaptations  to  the  requirements  of  this 
Regulation by 31 December 2010. 

Producer  organisations  and  associations  of  producer  organisations  already 
recognised  under  Regulation  (EC)  No 1182/2007  shall  continue  to  be 
recognised under this Regulation. 

3.  At the request of a producer organisation, an operational programme approved 
under Regulation (EC) No 2200/96 before the date of application of Regulation 
(EC) No 1182/2007: 

(a)  may continue to run until its end, or 

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35 

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(b)  be modified to meet the requirements of this Regulation, or 

(c) 

be  replaced  by  a  new  operational  programme  approved  under  this 
Regulation. 

Article 103d(3)(e) and (f) shall apply to operational programmes submitted in 
2007 but not yet approved at the date of application of this Regulation which 
otherwise meet the criteria of those points. 

Producer groups which were granted preliminary recognition under Regulation 
(EC)  No 2200/96  shall  continue  to  benefit  from  that  preliminary  recognition 
under  this  Regulation.  Recognition  plans  accepted  under  Regulation  (EC) 
No 2200/96  shall  continue  to  benefit  from  that  acceptance  under  this 
Regulation. However the plans shall be modified, if necessary, so as to permit 
the producer group to be able to meet the criteria for recognition as a producer 
organisation  laid  down  in  Article 125b  of  this  Regulation.  As  concerns  such 
producer  groups  in  Member  States  which  acceded  to  the  European  Union  on 
1 May 2004 or thereafter, the aid rates set out in Article 103a(3)(a) shall apply 
to recognition plans from the date of application of this Regulation. 

The  contracts  referred  to  in  Article  3(2)  of  Regulation  (EC)  No  2202/96 
covering more than one marketing year of the aid scheme for processing citrus 
fruits  which  relate  to  the  marketing  year  beginning  on  1 October 2008  or  to 
subsequent  marketing  years  may,  with  the  agreement  of  both  parties,  be 
amended  or  terminated  to  take  into  account  the  repeal  of  that  Regulation  by 
Regulation (EC) No 1182/2007 and the consequential abolition of the aid. No 
penalties shall be applied under that Regulation or its implementing rules to the 
parties concerned as a result of such an amendment or termination. 

4. 

5. 

6.  Where  a  Member  State  makes  use  of  the  transitional  arrangement  under 
Article 68b  or  Article 143bc  of  Regulation  (EC)  No 1782/2003,  the  rules 
adopted  pursuant  to  Article  6  of  Regulation  (EC)  No 2201/96  or  Article  6  of 
Regulation  (EC)  No 2202/96  on  the  minimum  characteristics  of  the  raw 
material  supplied  for  processing  and  minimum  quality  requirements  for 
finished  products  shall  remain  applicable  in  respect  of  the  raw  materials 
harvested in its territory. 

7.  Until  new  marketing  standards  are  adopted  in  respect  of  fruit  and  vegetables 
and  processed  fruit  and  vegetables  in  accordance  with  Articles 113  and 113a, 
the  marketing  standards  drawn  up  pursuant  to  Regulations  (EC)  No 2200/96 
and (EC) No 2201/96 shall continue to apply. 

8. 

The  Commission  may  adopt  the  measures  required  to  facilitate  the  transition 
from  the  arrangements  provided  for  in  Regulations  (EC)  No 2200/96,  (EC) 
No 2201/96n (EC) No 2202/96 and (EC) No 1182/2007 to those laid down in 
this  Regulation  including  those  provided  for  in  paragraphs (1)  to (7)  of  this 
Article." 

(39) 

The Annexes are amended as follows: 

(a)  After Annex VII, Annexes VIIa, VIIb and VIIc are inserted, the text of which 

is as set out in Annex I to this Regulation; 

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36 

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(b) 

In Annex VIII, point VI is replaced by the following: 

"VI. 

Where  Article  59(2)  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.” 

(c)  After Annex XI, Annex XIa is inserted, the text of which is set out in Annex II 

to this Regulation. 

(d) 

In point III(1) of Annex XIII, the following subparagraph is added: 

"Heat-treated milk not complying with the fat content requirements laid down 
in points (b), (c) and (d) of the first subparagraph shall be considered drinking 
milk  provided  that  the  fat  content  is  clearly  indicated  with  one  decimal  and 
easily readable on the packaging in form of “… % fat”. Such milk shall not be 
described as whole milk, semi-skimmed milk or skimmed milk." 

(e)  After  Annex  XVI,  Annex XVIa  is  inserted,  the  text  of  which  is  set  out  in 

Annex III to this Regulation. 

(f)  Annex XXII is amended in accordance with Annex IV to this Regulation. 

Article 2 
Repeals 

Regulations (EC) No 2200/96, (EC) No 2201/96, (EC) No 700/2007 and (EC) No 1182/2007 
are repealed. 

References  to  the  repealed  Regulations  shall  be  construed  as  references  to  Regulation  (EC) 
No 1234/2007 and shall be read in accordance with the respective correlation tables set out in 
Annex XXII to that Regulation. 

Article 3 

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

It shall apply from 1 July 2008. However: 

(a) 

(b) 

points 3, 4, 5, 7, 11 and 12 of Article 1 shall apply from 1 September 2008; 

points 8, 13 to 17 and 30 of Article 1 shall apply from 1 October 2008. 

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

EN 

37 

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Done at Brussels, 

For the Council 
The President 

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ANNEX I 

"ANNEX VIIa 

Calculation of the percentage to be established in accordance with  
the second subparagraph of Article 59(2) 

1. 

For the purpose of the calculation set out in point 2, the following definitions shall 
apply: 

(a) 

(b) 

(c) 

"percentage at Member State level" means the percentage to be established in 
accordance with point 2 for the purpose of determining the total quantity to be 
reduced at the level of the Member State concerned; 

"common  percentage"  means  the  common  percentage  established  by  the 
Commission in accordance with the first subparagraph of Article 59(2); 

"reduction"  means  the  figure  obtained  by  dividing  the  total  renunciation  of 
quotas  in  the  Member  State  by  the  national  quotas  as  fixed  in  Annex  III  to 
Regulation  (EC)  No 318/2006  in  the  version  applicable  on  1 July 2006.  For 
those  Member  States  which  were  not  members  of  the  Community  on 
1 July 2006, the reference to that Annex concerns the version applicable on the 
date of their accession to the Community. 

2. 

The percentage at Member State level is equal to the common percentage multiplied 
by 1 – [(1/0,6) x the reduction].  

When the result is below zero, the applicable percentage is equal to zero. 

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39 

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ANNEX VIIb 

Calculation of the percentage applicable to undertakings  
in accordance with the second subparagraph of Article 59(2) 

1. 

For the purpose of the calculation set out in point 2, the following definitions shall 
apply: 

(a) 

(b) 

(c) 

(d) 

"applicable percentage" means the percentage to be established in accordance 
with point 2 and applicable to the quota allocated to the undertaking concerned; 

"common percentage at Member State level" means the percentage calculated 
for the Member State concerned as: 

Qty / Σ [ (1- R/K ) x Q] 

with 

Qty = the quantity to be reduced at the level of the Member State referred to in 
point 1(a) of Annex VIIa, 

R = renunciation referred to under (c) for a given undertaking, 

Q  =  the  quota  of  the  same  given  undertaking  available  at  the  end  of 
February 2010, 

K = the figure calculated under (d), 

Σ  refers  to  the  sum  of  the  product  of  (1-R/K)  x  Q  calculated  for  each 
undertaking  holding  a  quota  in  the  territory  of  the  Member  State;  when  the 
product is below zero, it shall be equal to zero; 

"renunciation"  means  the  figure  obtained  by  dividing  the  quantity  of  quotas 
renounced  by  the  undertaking  concerned  by  its  quota  as  allocated  in 
accordance with Articles 56 and 60. 

"K" is calculated in each Member State by dividing the total reduction of quota 
in that Member State (voluntary renunciations plus the quantity to be reduced 
at  the  level  of  Member  State  referred  to  in  point 1(a)  of  Annex VIIa)  by  its 
initial  quota  as  fixed  in  Annex III  to  Regulation  (EC)  No 318/2006  in  the 
version  applicable  on  1 July 2006.  For  those  Member  States  which  were  not 
members  of  the  Community  on  1 July 2006,  the  reference  to  that  Annex 
concerns  the  version  applicable  on  the  date  of  their  accession  to  the 
Community. 

2. 

The applicable percentage is equal to the common percentage at Member State level 
multiplied by 1 – [(1/K) x the renunciation].  

When the result is below zero, the applicable percentage is equal to zero.  

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40 

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ANNEX VIIc 

Calculation of the coefficient to be established in accordance with Article 52a(1) 

1. 

For the purpose of the calculations set out in points 2 and 3, the following definitions 
shall apply: 

(a) 

(b) 

"coefficient at Member State level" means the coefficient to be established in 
accordance with point 2; 

"reduction"  means  the  figure  obtained  by  dividing  the  total  renunciation  of 
sugar  quotas  in  the  Member  State,  including  renunciations  in  the  marketing 
year to which the withdrawal applies, by the national sugar quotas as fixed in 
Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 
2006. For those Member States which were not members of the Community on 
1 July 2006, the reference to that Annex concerns the version applicable on the 
date of their accession to the Community; 

(c) 

"coefficient"  means  the  coefficient  established  by  the  Commission  in 
accordance with Article 52(2). 

2. 

For the 2008/2009 and 2009/2010 marketing years, the coefficient at Member State 
level shall be equal to the coefficient increased by [(1/0,6) x the reduction] x (1 – the 
coefficient). 

When the result is above 1, the applicable coefficient is equal to 1." 

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ANNEX II 

"Annex XIa 
Marketing of the meat of bovine animals aged 12 months or less  
in accordance with Article 113b 

I. 

Definition 

For  the  purposes  of  this  Annex,  "meat"  means  all  carcases,  meat  on  the  bone  or 
boned, and offal, whether or not cut, intended for human consumption, obtained from 
bovine  animals  aged  12 months  or  less,  presented  fresh,  frozen  or  deep-frozen, 
whether or not wrapped or packed. 

II. 

Classification of bovine animals aged 12 months or less at the slaughterhouse 

On  slaughter,  all  bovine  animals  aged  12  months  or  less  shall  be  classified  by  the 
operators, under the supervision of the competent authority referred to in point VII(1) 
of this Annex, in one of the following two categories:  

(A)  Category V: bovine animals aged 8 months or less 

Category identification letter: V; 

(B)  Category  Z:  bovine  animals  aged  more  than  8  months  but  not  more  than 

12 months 

Category identification letter: Z. 

This  classification  shall  be  carried  out  on  the  basis  of  the  information  contained  in 
the  passport  accompanying  the  bovine  animals  or,  failing  this,  on  the  basis  of  the 
data contained in the computerised database provided for in Article 5 of Regulation 
(EC)  No 1760/2000  of  the  European  Parliament  and  the  Council  of  17 July 2000 
establishing  a  system  for  the  identification  and  registration  of  bovine  animals  and 
regarding the labelling of beef and beef products and  repealing Council  Regulation 
(EC) No 820/97*. 

* 

OJ L 204, 11.8.2000, p. 1.  

III. 

Sales descriptions 

1. 

The  sale  description  is  the  name  under  which  a  foodstuff  is  sold,  within  the 
meaning  of  Article  5(1)  of  Directive  2000/13/CE  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*. 

2. 

The meat of bovine animals aged 12 months or less shall only be marketed in 
the Member States under the following sales description(s): 

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42 

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(A)  For the meat of bovine animals in category V: 

Country of marketing 

Sales descriptions to be used  

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 

veau, viande de veau / kalfsvlees / Kalbfleisch  

месо от малки телета 

Telecí 

lyst kalvekød 

Kalbfleisch 

Vasikaliha 

µοσχάρι γάλακτος 

ternera blanca, carne de ternera blanca 

veau, viande de veau  

Veal 

vitello, carne di vitello 

µοσχάρι γάλακτος 

teļa gaļa  

 veršiena  

veau, viande de veau / Kalbfleisch  

Borjúhús 

Vitella 

Kalfsvlees 

Kalbfleisch 

Cielęcina 

Vitela 

carne de vițel 

Teletina 

teľacie mäso 

vaalea vasikanliha / ljust kalvkött  

ljust kalvkött  

United Kingdom  

Veal 

(B)  For the meat of bovine animals in category Z: 

Country of marketing 

Sales descriptions to be used  

Belgium 

Bulgaria 

jeune bovin, viande de jeune bovin / jongrundvlees / 
Jungrindfleisch 

телешко месо 

Czech Republic 

hovězí maso z mladého skotu 

Denmark 

Germany 

Estonia 

Kalvekød 

Jungrindfleisch 

Noorloomaliha 

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Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania  

Luxembourg  

Hungary 

Malta 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

νεαρό µοσχάρι  

ternera, carne de ternera 

jeune bovin, viande de jeune bovin 

rosé Veal 

vitellone, carne di vitellone 

νεαρό µοσχάρι 

jaunlopa gaļa 

Jautiena 

jeune bovin, viande de jeune bovin / Jungrindfleisch 

növendék marha húsa 

Vitellun 

rosé kalfsvlees 

Jungrindfleisch 

młoda wołowina 

Vitelão 

carne de tineret bovin 

meso težjih telet 

mäso z mladého dobytka 

vasikanliha / kalvkött 

Kalvkött 

Beef 

3. 

4. 

The sales descriptions referred to in paragraph 1 may be supplemented by an 
indication of the name or designation of the pieces of meat or offal concerned. 

The  sales  descriptions  listed  for  category V  in  point A  of  the  table  set-out  in 
paragraph 2 and any new name derived from those sales descriptions shall only 
be used if all the requirements of this Annex are met. 

In  particular,  the  terms  "veau",  "telecí",  "Kalb",  "µοσχάρι",  "ternera",  "kalv", 
"veal", "vitello", "vitella", "kalf", "vitela" and "teletina" shall not be used in a 
sales description or be indicated on the labelling of the meat of bovine animals 
aged more than 12 months. 

* 

OJ L 109, 6.5.2000, p. 29. 

IV. 

Compulsory information on the label 

1.  Without prejudice to Article 3(1) of Directive 2000/13/EC and Articles 13, 14 
and 15  of  Regulation  (EC)  No 1760/2000,  at  each  stage  of  production  and 
marketing, operators shall label the meat of bovine animals aged 12 months or 
less with the following information: 

(a) 

the age of the animals on slaughter, indicated, as the case may be, on the 
form  "age  on  slaughter:  up  to  8  months"  in  the  case  of  animals  aged 
8 months or less, or "age on slaughter: from 8 to 12 months" in the case 
of animals aged more than 8 months but not more than 12 months; 

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(b) 

the sales description in accordance with point III of this Annex. 

However, by way of derogation from point (a), operators may, at each stage of 
production and marketing, except the release to the final consumer, replace the 
age on slaughter by the category identification letter provided for in point II of 
this Annex.  

2. 

In the case of the meat of bovine animals aged 12 months or less presented for 
sale  un-prepacked  at  the  point  of  retail  sale  to  the  final  consumer,  Member 
States shall lay down rules on how the information referred to in paragraph 1 is 
to be indicated. 

V. 

Optional information on the label 

Operators  may  supplement  the  compulsory  information  referred  to  in  point IV  by 
optional  information  approved  in  accordance  with  the  procedure  provided  for  in 
Articles 16 or 17 of Regulation (EC) No 1760/2000. 

VI. 

Recording 

At  each  stage  of  production  and  marketing  of  the  meat  of  bovine  animals  aged 
12 months  or  less,  operators  shall,  in  order  to  guarantee  the  accuracy  of  labelling 
information  referred  to  in  points IV  and  V,  record  in  particular  the  following 
information: 

(a) 

(b) 

(c) 

an indication of the identification number and the date of birth of the animals, 
at slaughterhouse level only; 

an  indication  of  a  reference  number  making  it  possible  to  establish  a  link 
between,  on  the  one  hand,  the  identification  of  the  animals  from  which  the 
meat  originates  and,  on  the  other  hand,  the  sales  description,  the  age  on 
slaughter and the category identification letter given on the meat label; 

an indication of the date of arrival and departure of the animals and meat in the 
establishment,  to  ensure  that  a  correlation  between  arrivals  and  departures  is 
established. 

VII.  Official checks 

1. 

Before 1 July 2008 Member States shall designate the competent authority or 
authorities responsible for official checks performed to verify the application of 
Article 113a and this Annex and inform the Commission thereof. 

2.  Official checks shall be carried out by the competent authority or authorities in 
accordance  with  the  general  principles  laid  down  in  Regulation  (EC) 
No 882/2004 of the European Parliament and of the Council of 29 April 2004 
on  official  controls  performed  to  ensure  the  verification  of  compliance  with 
feed and food law, animal health and animal welfare rules*. 

3. 

The  Commission  shall,  jointly  with  the  competent  authorities,  ensure  that 
Member  States  are  complying  with  the  provisions  of  Article 113a  and  this 
Annex. 

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4. 

The  Commission's  experts  shall  carry  out,  where  required,  jointly  with  the 
competent  authorities  concerned,  and  where  applicable,  the  Member  States' 
experts,  on  the  spot  checks  to  ensure  that  the  provisions  of  Article  113a  and 
this Annex are being implemented. 

5.  Any Member State on whose territory checks are carried out shall provide the 
Commission  with  all  necessary  assistance  which  it  may  require  for  the 
accomplishment of its tasks. 

* 

OJ L 165, 30.4.2004, p. 1. 

VIII.  Meat imported from third countries 

1. 

The  meat  of  bovine  animals  aged  12  months  or  less  imported  from  third 
countries  shall  be  marketed  in  the  Community  in  accordance  with  the 
provisions of this Annex. 

2.  Operators  from  a  third  country  wishing  to  place  on  the  Community  market 
meat as referred to in paragraph 1 shall subject their activities to checks by a 
competent  authority  designated  by  that  third  country  or,  failing  that,  an 
independent  third-party  body.  The  independent  body  shall  provide  full 
assurance  of  compliance with the conditions laid down in European Standard 
EN 45011  or  ISO/IEC  Guide 65  ("General  requirements  for  bodies  operating 
product certification systems"). 

3. 

The  designated  competent  authority  or,  where  applicable,  the  independent 
third-party body shall ensure that the requirements of this Annex are met. 

IX. 

Penalties 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission in accordance with Article 194 of this Regulation, Member States shall 
lay down the rules on penalties applicable to infringements of the provisions of this 
Annex  and  shall  take  all  measures  necessary  to  ensure  that  they  are  implemented. 
The  penalties  provided  for  shall  be  effective,  proportionate  and  dissuasive.  The 
Member  States  shall  notify  the  provisions  on  the  penalties  to  the  Commission  by 
1 July 2009  at  the  latest  and  shall  notify  it  without  delay  of  any  subsequent 
amendment affecting them." 

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ANNEX III 

"Annex XVIa 
Exhaustive list of rules that may be extended to non-member producers  
pursuant to Article 125f and Article 125 l 

1. 

Rules on production information 

(a) 

notification  of  growing  intentions,  by  product  and  where  appropriate  by 
variety; 

(b)  notification of sowings and plantings; 

(c) 

notification of total areas grown, by product and if possible variety; 

(d)  notification  of  anticipated  tonnages  and  probable  cropping  dates  by  product 

and if possible variety; 

(e) 

periodic notification of quantities cropped and available stocks, by variety; 

(f) 

information on storage capacities. 

2. 

Production rules 

(a) 

choice  of  seed 
market/industrial processing); 

to  be  used  according 

to 

intended  destination  (fresh 

(b) 

thinning in orchards. 

3. 

Marketing rules 

(a) 

specified dates for commencement of cropping, staggering of marketing; 

(b)  minimum quality and size requirements; 

(c) 

preparation, presentation, packaging and marking at first marketing stage; 

(d) 

indication of product origin. 

4. 

Rules on the protection of the environment 

(a) 

use of fertiliser and manure; 

(b)  use of plant-health products and other crop protection methods; 

(c)  maximum residue content in fruit and vegetables of plant-health products and 

fertilisers; 

(d) 

rules on disposal of by-products and used material; 

(e) 

rules concerning products withdrawn from the market. 

5. 

Rules  on  promotion  and  communication  in  the  context  of  crisis  prevention  and 
management as referred to in Article 103c(2)(c)." 

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(1) 

(2) 

ANNEX IV 
Amendments concerning Annex XXII to Regulation (EC) No 1234/2007 

In the table set-out under point 4 concerning Regulation (EEC) No 2759/75, the row 
indicating the correlation between the first paragraph, first indent of Article 3 of that 
Regulation and the respective provision in the Single CMO Regulation is replaced by 
the following: 

"Article 3 first paragraph, first indent 

Article 31(1)(e)" 

In  the  table  set-out  under  point  26  concerning  Regulation  (EC)  No 1255/1999,  the 
rows  indicating  the  correlations  between  Articles  6  to  Article  9  of  that  Regulation 
and  the  respective  provisions  in  the  Single  CMO  Regulation  are  replaced  by  the 
following: 

"Article 6(1) first subparagraph 

Articles 15(1) and 22 

Article 6(1) second and third subparagraphs  Article 15(2) 

Article 6(2) first subparagraph, point (a), first 
indent 

Article 10(1)(e) 

Article  6(2)  first  subparagraph,  point (a), 
second and third indents and point (b) 

Article 10 in conjunction with Article 43(a) 

Article 6(2) second subparagraph 

Article 10 in conjunction with Article 43(a) 

Article 6(3) first subparagraph 

Article 6(3) second subparagraph 

Article 6(3) third subparagraph 

Article 6(3) fourth subparagraph 

Article  6(4)  first  subparagraph  and  second 
subparagraph first sentence 

Article 28(a) 

Article 29 

Article 43(d)(i) 

Article 43(d)(iii) 

Article 25 and 43(f) 

Article  6(4)  second  subparagraph  second 
sentence 

Article 43(d)(iii) 

Article 6(5) 

Article 6(6) 

– 

Article 6(2)(b) and (c) 

Article 7(1) first subparagraph 

Articles 10(1)(f), 16 first paragraph and 43(a) 

Article 7(1) second subparagraph 

Article 23 and 43(a) 

Article 7(1) third subparagraph 

Article 43(l) 

Article 7(2) 

Article 7(4) 

Article 8(1) 

Article 8(2) and (3) 

Article 9(1) 

Article 9(2) 

Article 9(3) 

Article 9(4) 

Article 16 second paragraph 

Article 25 and 43(e) 

Article 28(b) 

Article 30 and 43(d)(i) and (iii) 

Articles 31(1)(d) and 36(1) 

Article 31(2) 

Article 43(d)(iii) 

Article 36(2)" 

(3) 

In  the  table  set-out  under  point  30  concerning  Regulation  (EC)  No 2529/2001,  the 
row  indicating  the  correlation  between Article  12  of  that  Regulation  and  the 
respective provision in the Single CMO Regulation is replaced by the following: 

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"Article 12 

Articles 31(1)(f) and 38" 

(4) 

In  the  table  set-out  under  point  40  concerning  Regulation  (EC)  No  318/2006,  the 
following point is inserted after the row concerning Article 19 of that Regulation: 

“Article 19a 

Article 52a” 

(5) 

The following tables are added. 

“45. 

Regulation (EC) No 700/2007 

Regulation (EC) No 700/2007 

This Regulation 

Article 1(1) and (2) 

Article 1(3) 

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 12 

Article 13 

Article 113b(1) first subparagraph 

Article 113b(2) 

Point I. of Annex XIa 

Point II. of Annex XIa 

Point III. of Annex XIa 

Point IV. of Annex XIa 

Point V. of Annex XIa 

Point VI. of Annex XIa 

Point VII. of Annex XIa 

Point VIII. of Annex XIa 

Point IX. of Annex XIa 

Article 121 first paragraph, point (j) 

Article 121 second paragraph 

Article 195 

Article 113b(1) second subparagraph 

46. 

Regulation (EC) No 1182/2007 

Regulation (EC) No 1182/2007 

This Regulation 

Article 1(1) 

Article 1(2) 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4)(a) 

Article 2(4)(b) 

Article 2(4)(c) 

Article 2(5) 

Article 2(6) 

Article 2(7) 

Article 3(1)(a) 

Article 3(1)(b) 

Article 3(1)(c)(i) 

Article 1(1)(i) and (j) 

Article 1(4) 

Article 113a(1) 

Article 113(1)(b) and (c) 

Article 113(2)(a)(ii) 

Article 121(a) 

Article 113(2)(a) 

Article 113(2)(b) 

Article 113a(2) 

Article 113a(3) 

Article 203a(7) 

Article 122(a) and (b) 

Article 125b(1)(a) 

Article 122(c)(ii) 

EN 

49 

   EN 

 
Regulation (EC) No 1182/2007 

This Regulation 

Article 3(1)(c)(ii) 

Article 3(1)(c)(iii) 

Article 3(1)(d) 

Article 3(1)(e) 

Article 3(2) – (5) 

Article 4 

Article 5 

Article 6 

Article 7(1) and (2) 

Article 7(3) – (5) 

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 

Article 27 

Article 28 

Article 29 

Article 30 

Article 31 

Article 32 

Article 33 

Article 34 

Article 35(1) – (3) 

Article 35(4) 

Article 36 

Article 122(c)(i) 

Article 122(c)(iii) 

Article 125a(1) introductory words 

Article 122 

Article 125a 

Article 125b 

Article 125c 

Article 125d 

Article 125e 

Article 103a 

Article 103b 

Article 103c 

Article 103d 

Article 103e 

Article 103f 

Article 103g 

Article 125f 

Article 125g 

Article 125h 

Article 125i 

Article 125j 

Article 184(4) 

Article 123(3) 

Article 125k 

Article 176a 

Article 125 l 

Article 125m 

Article 125n 

Article 128 

Article 129 

Article 130(1)(g) and (h) 

Article 131 

Article 132 

Article 133 

Article 134 

Article 135 

Article 140a 

Article 141 

Article 143 

Article 144 

EN 

50 

   EN 

 
Regulation (EC) No 1182/2007 

This Regulation 

Article 37 first paragraph 

Article 37 second paragraph, points (a), (b) 
and (c) 

Article 38 

Article 39 

Article 40 

Article 41 

Article 42(a)(i)  

Article 42(a)(ii) 

Article 42(a)(iii) 

Article 42(a)(iv) 

Article 42(a)(v) 

Article 42(b)(i) 

Article 42(b)(ii) 

Article 42(b)(iii) 

Article 42(b)(iv) 

Article 42(b)(v) 

Article 42(b)(vi) 

Article 42(c) 

Article 42(d) – (g) 

Article 42(h) 

Article 42(i) 

Article 42(j) 

Article 145 

Article 148 

Article 159 

Article 160 

Article 161(1)(e) and (f) 

Article 174 

Article 121(a) 

Article 113a(3) 

Article 121(a)(i) 

Article 121(a)(ii) 

Article 121(a)((iii) 

Article 127(e) 

Article 103h(a) 

Article 103h(b) 

Article 103h(c) 

Article 103h(d) 

Article 103h(e) 

Articles 127 and 179 

Article 194 

Articles 134, 143(b) and 148 

Article 192 

Article 203a(8) 

Article 43 first paragraph 

Articles 1(4) and 180 

Article 43 second paragraph, point (a) 

Article 182(5) 

Article 43 second paragraph, point (b) 

- 

Article 43 second paragraph, point (c) 

Article 182(6) 

Article 44 

Article 45 

Articles 46 – 54 

Article 55 

Article 192 

Article 190 

- 

Article 203a(1) – (6) 

" 

EN 

51 

   EN