Council Regulation (EC) No 361/2008 of 14 April 2008 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: 2008-04-14
Institutions: Council of the European Union
Subjects: agricultural product, aid to agriculture, common organisation of markets, competition law, farming sector, marketing, trading operation

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I

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

REGULATIONS

COUNCIL REGULATION (EC) No 361/2008

of 14 April 2008

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 Commu-
nity, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) With a view to simplifying the regulatory environment of
the common agricultural policy (CAP), Regulation (EC)
No 1234/2007 (Single CMO Regulation) (1) repealed, and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 organi-
sations of the markets for the agricultural products or
groups of products.

(2)

(3)

As explained 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, therefore, it did not envisage provid-
ing 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 Regula-
tion was proposed by the Commission.

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

(4)

(5)

(6)

Council Regulation (EC) No 318/2006 of 20 February
2006 on the common organisation of the markets in the
sugar sector (2) was amended mainly with a view to achiev-
ing a structural balance of the market concerned. Those
amendments have been adopted and were 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
seeds (3) was amended at the same time as the Single CMO
Regulation was 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 products (4), was amended shortly before the adop-
tion of the Single CMO Regulation introducing various
amendments to the public intervention and private stor-
age schemes in respect of butter and skimmed milk pow-
der, 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.

(2) 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).

(3) OJ L 312, 29.11.2005, p. 3. Regulation as last amended by Regula-

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

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regula-

(4) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regula-

tion (EC) No 248/2008 OJ L 76, 19.3.2008, p. 6).

tion (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3).

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(7)

(8)

(9)

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 milk (1) was 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 those that had previously been provided for in
that Regulation.

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

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 Regula-
tion (EC) No 1182/2007 of 26 September 2007 laying
down specific rules as regards the fruit and vegetable sec-
tor (2) was adopted. As explained in recital 8 of the Single
CMO Regulation, only those provisions of the two afore-
mentioned sectors which were not themselves subject to
any policy reforms were incorporated into the Single CMO
Regulation from the beginning and the substantive provi-
sions which were subject to policy amendments should be
incorporated into the Single CMO Regulation once
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 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.

Council Regulation (EC) No 700/2007 of 11 June 2007 on
the marketing of the meat of bovine animals aged 12
months or less (3) introduced new marketing rules for the
products concerned. The aim of the Single CMO Regula-
tion was to amalgamate all the rules existing in the con-
text 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 there-
fore appropriate to incorporate the new marketing rules
introduced by Regulation (EC) No 700/2007 into the
Single CMO Regulation.

(10)

The incorporation of these provisions into the Single CMO
Regulation should follow the same approach as that taken
by the Single CMO Regulation when it was adopted,

namely by not calling into question the policy decisions
taken when those provisions were adopted by the Council
and the motivation for those policy decisions as expressed
in the recitals of the respective Regulations.

(11)

The Single CMO Regulation should therefore be amended
accordingly.

(12)

(13)

The amendments should apply at the latest from the same
dates from which the Single CMO Regulation applies for
the sectors concerned in accordance with Article 204(2)
thereof. As regards the seeds, beef and veal and milk and
milk products sectors, Article 204(2) provides 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.

Concerning the few provisions in the Single CMO Regula-
tion which had already been provided in relation to the
fruit and vegetables and processed fruit and vegetables sec-
tors, they applied, in accordance with Article 204(2) of
that Regulation, from 1 January 2008. The respective
amendments envisaged in this Regulation could therefore
be made to apply from the same date as those for the seeds,
beef and veal and milk and milk products sectors, namely,
from 1 July 2008.

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

(15) As regards the sugar sector, the Single CMO Regulation
applies from 1 October 2008 in accordance with point (c)
of the second subparagraph of Article 204(2) of that Regu-
lation. The provisions envisaged in this Regulation for that
sector should, therefore, also start to apply from 1 Octo-
ber 2008.

(16)

The following regulations in the fruit and vegetables sec-
tor are obsolete and should, therefore, in the interests of
legal certainty, be repealed: Regulation (EEC) No 449/69 of
the Council of 11 March 1969 on the reimbursement of
aid granted by Member States to organisations of fruit and
vegetable producers (4), Regulation (EEC) No 1467/69 of
the Council of 23 July 1969 on imports of citrus fruit
originating in Morocco (5), Regulation (EEC) No 2511/69

(1) OJ L 351, 23.12.1997, p. 13. Regulation as last amended by Regula-

(4) OJ L 61, 12.3.1969, p. 2. Regulation as amended by Regulation (EC)

tion (EC) No 1153/2007 (OJ L 258, 4.10.2007, p. 6).

No 3669/93 (OJ L 338, 31.12.1993, p. 26).

(2) OJ L 273, 17.10.2007, p. 1.
(3) OJ L 161, 22.6.2007, p. 1.

(5) OJ L 197, 8.8.1969, p. 95. Regulation as amended by Regulation (EEC)

No 2365/70 (OJ L 257, 26.11.1970, p. 1).

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of the Council of 9 December 1969 laying down special
measures for improving the production and marketing of
Community citrus fruit (1), Regulation (EEC) No 2093/70
of the Council of 20 October 1970 laying down general
rules for applying Articles 6 and 7(1) of Regulation (EEC)
No 2517/69 laying down certain measures for reorganiz-
ing Community fruit production (2), Regulation (EEC)
No 846/72 of the Council of 24 April 1972 providing for
special measures for the award of contracts for processing
tomatoes which have been the subject of intervention mea-
sures (3), Regulation (EEC) No 1252/73 of the Council of
14 May 1973 on imports of citrus fruits originating in
Cyprus (4), Regulation (EEC) No 155/74 of the Council of
17 December 1973 on imports of citrus fruits originating
in the Lebanon (5), Regulation (EEC) No 1627/75 of the
Council of 26 June 1975 on imports of fresh lemons origi-
nating in Israel (6), Council Regulation (EEC) No 794/76 of
6 April 1976 laying down further measures for reorganis-
ing Community fruit production (7), Council Regulation
(EEC) No 1180/77 of 17 May 1977 on imports into the
Community of certain agricultural products originating in
Turkey (8), Council Regulation (EEC) No 10/81 of 1 Janu-
ary 1981 fixing, in respect of fruit and vegetables, the gen-
eral rules for implementing the 1979 Act of Accession (9),
Council Regulation (EEC) No 40/81 of 1 January 1981 fix-
ing the basic prices and the buying-in prices applicable in
Greece to cauliflowers and apples (10), Council Regulation
(EEC) No 3671/81 of 15 December 1981 on imports into
the Community of certain agricultural products originat-
ing in Turkey (11), Council Regulation (EEC) No 1603/83
of 14 June 1983 laying down special measures for the dis-
posal of dried grapes and dried figs from the 1981 harvest
held by storage agencies (12), Council Regulation (EEC)
No 790/89 of 20 March 1989 fixing the level of additional
flat-rate aid for the formation of producers’ organisations
and the maximum amount applied to aid for quality and
marketing improvement in the nut- and locust bean-
growing sector (13), Council Regulation (EEC) No 3650/90
of 11 December 1990 on measures to strengthen the
application of the common quality standards for fruit and
vegetables in Portugal (14), Council Regulation (EEC)
No 525/92 of 25 February 1992 on temporary compen-
sation for the consequences of the situation in Yugoslavia
on transport of some fresh fruit and vegetables from

(1) OJ L 318, 18.12.1969, p. 1. Regulation as last amended by Regula-

tion (EEC) No 1130/89 (OJ L 119, 29.4.1989, p. 22).

(2) OJ L 232, 21.10.1970, p. 5.
(3) OJ L 100, 27.4.1972, p. 3.
(4) OJ L 133, 21.5.1973, p. 113.
(5) OJ L 18, 22.1.1974, p. 97.
(6) OJ L 165, 28.6.1975, p. 9.
(7) OJ L 93, 8.4.1976, p. 3.
(8) OJ L 142, 9.6.1977, p. 10. Regulation as last amended by Regulation

(EC) No 2008/97 (OJ L 284, 16.10.1997, p. 17).

(9) OJ L 1, 1.1.1981, p. 17.
(10) OJ L 3, 1.1.1981, p. 11.
(11) OJ L 367, 23.12.1981, p. 3. Regulation as amended by Regulation

(EEC) No 1555/84 (OJ L 150, 6.6.1984, p. 4).

(12) OJ L 159, 17.6.1983, p. 5. Regulation as last amended by Regulation

(EEC) No 1979/85 (OJ L 186, 19.7.1985, p. 5).

(13) OJ L 85, 30.3.1989, p. 6. Regulation as last amended by Commis-
sion Regulation (EC) No 1825/97 (OJ L 260, 23.9.1997, p. 9).
(14) OJ L 362, 27.12.1990, p. 22. Regulation as amended by Regulation

(EC) No 1468/97 (OJ L 200, 29.7.1997, p. 1).

Greece (15), Council Regulation (EEC) No 3438/92 of
23 November 1992 laying down special measures for the
transport of certain fresh fruit and vegetables originating in
Greece (16), Council Regulation (EEC) No 3816/92 of
28 December 1992 providing for, in the fruit and veg-
etables sector, the abolition of the compensation mecha-
nism in trade between Spain and the other Member States
and allied measures (17), Council Regulation (EEC)
No 742/93 of 17 March 1993 providing for, in the fruit
and vegetables sector, the abolition of the compensation
mechanism in trade between Portugal and the other Mem-
ber States (18), Council Regulation (EEC) No 746/93 of
17 March 1993 on the granting of aid to encourage the
formation and facilitate the operation of producer organi-
sations as provided for in Regulations (EEC) No 1035/72
and (EEC) No 1360/78 in Portugal (19), Council Regulation
(EC) No 399/94 of 21 February 1994 concerning specific
measures for dried grapes (20), Council Regulation (EC)
No 2241/2001 of 15 November 2001 amending the
autonomous common customs tariff duty for garlic falling
within CN code 0703 20 00 (21), Council Regulation (EC)
No 545/2002 of 18 March 2002 extending the financing
of quality and marketing improvement plans for certain
nuts and locust beans approved under Title IIa of Regula-
tion (EEC) No 1035/72 and providing for a specific aid for
hazelnuts (22),

HAS ADOPTED THIS REGULATION:

Article 1

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

1. Article 1 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

In respect of the wine sector, only Article 195 of

‘2.
this Regulation shall apply.’;

(15) OJ L 58, 3.3.1992, p. 1.
(16) OJ L 350, 1.12.1992, p. 1. Regulation as last amended by Regulation

(EC) No 1600/96 (OJ L 206, 16.8.1996, p. 45).

(17) OJ L 387, 31.12.1992, p. 10. Regulation as amended by Commis-
sion Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 8).

(18) OJ L 77, 31.3.1993, p. 8.
(19) OJ L 77, 31.3.1993, p. 14. Regulation as amended by Regulation (EC)

No 952/97 (OJ L 142, 2.6.1997, p. 30).

(20) OJ L 54, 25.2.1994, p. 3. Regulation as last amended by Commis-
sion Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3).

(21) OJ L 303, 20.11.2001, p. 8.
(22) OJ L 84, 28.3.2002, p. 1.

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(b)

the following paragraph shall be added:

9. Article 26 shall be amended as follows:

In respect of potatoes, fresh or chilled of CN code

‘4.
0701, Chapter II of Part IV shall apply.’;

(a) Point (a)(ii) of paragraph 2 shall be replaced by the

following:

2.

the following paragraph shall be added to Article 3:

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

‘(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’;

(b)

the following point shall be added to paragraph 2(a):

3. Article 6(2)(c) shall be deleted;

4. Article 8(1)(e)(ii) shall be replaced by the following:

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

5. Article 10(1)(f) shall be 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 shall be replaced by the following:

‘Article 15

Butter

For butter, public intervention shall be open during the

1.
period 1 March to 31 August.

2. Where the quantities offered for intervention during
the period laid down in paragraph 1 exceed 30 000 tonnes,
the Commission may suspend buying-in by public interven-
tion. 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.’;

7. Article 22 shall be replaced by the following:

‘Article 22

Butter

Without prejudice to the fixing of the intervention price by
means of a tendering procedure in the case referred to in
Article 15(2), the intervention price for butter shall be 90 %
of the reference price.’;

8.

the second paragraph of Article 23 shall be deleted;

‘(iii) for industrial use referred to in Article 62.’;

10. Article 28(a) shall be replaced by the following:

‘(a)

in respect of:

(i) unsalted butter produced from cream or milk in an
approved undertaking of the Community of a mini-
mum butterfat content, by weight, of 82 %, a maxi-
mum milk solids-non-fat content, by weight, of 2 %
and a maximum water content, by weight, of 16 %,

(ii)

salted butter produced from cream or milk in an
approved undertaking of the Community of a mini-
mum butterfat content, by weight, of 80 %, a maxi-
mum 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 %.’;

11. Article 29 shall be replaced by the following:

‘Article 29

Conditions and aid-level for butter

The amount of aid for butter shall be fixed by the Commis-
sion 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.’;

12. Article 31 shall be amended as follows:

(a) paragraph 1(d) shall be deleted;

(b) paragraph 2 shall be replaced by the following:

‘2.
The Commission shall fix the aid for private stor-
age provided for in paragraph 1 in advance or by means
of tendering procedures.

In respect of the cheeses referred to in paragraph 1(e),
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.’;

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13. Article 35 shall be deleted;

14. Article 50(5) and (6) shall be 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 sub-
paragraph 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 shall be replaced by the following:

‘Article 52

Withdrawal of sugar

1.
In order to preserve the structural balance of the mar-
ket at a price level which is close to the reference price, tak-
ing 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
2.
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 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 para-
graph, to fix a coefficient.

Each undertaking provided with a quota shall store at
3.
its own expense until the beginning of the following market-
ing year the sugar produced under quota beyond the thresh-
old 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 cur-
rent and/or the following marketing year, all or part of the
withdrawn sugar or isoglucose as:

(a)

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

(b)

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

4.
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
5.
sugar production of the following marketing year, the mini-
mum 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 mini-
mum price shall not apply.

In the case where withdrawn sugar is sold on the Commu-
nity market before the end of the period of withdrawal
according to paragraph 4, the minimum price of the ongo-
ing marketing year shall be paid to beet growers.’;

16. the following Article shall be inserted:

‘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 Regu-
lation, 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 Commis-
sion for the 2008/2009 and 2009/2010 marketing years by
way of application of Annex VIIc to this Regulation.

in

An

undertaking which,

2.
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 submit-
ted to the application of the coefficients referred to in
Article 52(2) of this Regulation. That request shall be submit-
ted before the end of the marketing year to which the with-
drawal applies.’;

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17. Article 59 shall be replaced by the following:

(c)

the following paragraph shall be added:

‘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 28 February 2009 and 2010 respectively for the
2009/2010 and 2010/2011 marketing years. The adjust-
ments 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.

2.
Taking into account the results of the restructuring
scheme provided for in Regulation (EC) No 320/2006, the
Commission shall decide by 28 February 2010 the common
percentage needed to reduce the existing quotas for sugar and
isoglucose per Member State or region with a view to avoid-
ing market imbalances in the marketing years 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 ter-
ritory holding a quota, the percentage in accordance with
Annex VIIb to this Regulation.

By way of derogation from paragraph 3 of this
‘4.
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.’;

19. Article 64(c) shall be 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.’;

20. Article 101 points (b) to (e) shall be replaced by the following:

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

(c) by manufacturers of other foodstuffs to be determined

by the Commission;

(d)

for the direct consumption of concentrated butter.’;

21. Article 102(3) shall be replaced by the following:

The Community aid shall be EUR 18,15/100 kg for all

‘3.
milk.

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

22. the following Section shall be inserted in Chapter IV of Title I

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

regions

of Part II:

‘ S e c t i o n I V a

18. Article 60 shall be amended as follows:

(a)

the title shall be replaced by the following:

‘Article 60

National quota reallocation and reduction of quotas’;

(b) paragraph 1 shall be replaced by the following:

‘1.
A Member State may reduce the sugar or isoglu-
cose quota allocated to an undertaking established on its
territory by up to 10 % for
the marketing year
2008/2009 and following, whilst respecting the free-
dom 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 dis-
criminatory criteria.’;

A I D S i n t h e f r u i t a n d v e g e t a b l e s s e c t o r

S u b s e c t i o n I

P r o d u c e r g r o u p s

Article 103a

Aid to producer groups

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

(a) aid to encourage their formation and facilitate their

administrative operation;

(b) aid, provided either directly or through credit institu-
tions, 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).

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The aid referred to in paragraph 1 shall be reimbursed
2.
by the Community in accordance with rules to be adopted by
the Commission on the financing of such measures, includ-
ing the thresholds and ceilings and the degree of Community
financing.

3.
The aid referred to in paragraph 1(a) shall be deter-
mined 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 there-
after; 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 Regulation (EC) No 1405/2006 of 18 Sep-
tember 2006 laying down specific measures for agricul-
ture in favour of the smaller Aegean Islands (*).

Those percentage 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.

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

O p e r a t i o n a l f u n d s a n d o p e r a t i o n a l p r o g r a m m e s

Article 103b

Operational funds

1.
Producer organisations in the fruit and vegetables sec-
tor 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 opera-
tional programmes approved by Member States in accor-
dance with Article 103g.

Article 103c

Operational programmes

1.
Operational programmes in the fruit and vegetables
sector 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 pro-

cessed 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) harvest insurance;

(f)

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.

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

3. Member States shall provide that:

(a) operational programmes include two or more environ-

mental actions; or

(b) at least 10 % of the expenditure under operational pro-

grammes covers 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) (**).

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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 fore-
gone resulting from the action.

Paragraph 3 shall only apply in Bulgaria and Romania

4.
from 1 January 2011.

5.
Investments which increase environmental pressure
shall only be permitted in situations where effective safe-
guards to protect the environment from these pressures are
in place.

Article 103d

Community financial assistance

1.
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
2.
4,1 % of the value of the marketed production of each pro-
ducer 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.

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

(d)

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;

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

4.
The percentage provided for in paragraph 1 shall be
100 % in the case of market withdrawals of fruit and veg-
etables which shall not exceed 5 % of the volume of mar-
keted production of each producer organisation and which
are disposed of by way of:

(a)

(b)

free distribution to charitable organisations and founda-
tions, 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 par-
ticular because they lack the necessary means of
subsistence;

free distribution to penal institutions, schools and pub-
lic 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.

(a)

it is submitted by several Community producer organi-
sations operating in different Member States on transna-
tional schemes;

Article 103e

National financial assistance

(b)

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

(c)

it covers solely specific support for the production of
organic products covered until 31 December 2008, by
Council Regulation (EEC) No 2092/91 of 24 June 1991
on organic production of agricultural products and indi-
cations referring thereto on agricultural products and
foodstuffs (***) and, from 1 January 2009, by Council
Regulation (EC) No 834/2007 of 28 June 2007 on
organic
and
organic
products (****);

production

labelling

of

1.
In regions of the Member States where the degree of
organisation of producers in the fruit and vegetables sector is
particularly low, Member States may be authorised by the
Commission, on a duly substantiated request, to pay pro-
ducer organisations national financial 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 pro-
ducer 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.

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By way of derogation from Article 180 of this Regula-
2.
tion, Articles 87, 88 and 89 of the Treaty shall not apply to
the national financial assistance authorised pursuant to
paragraph 1.

The Member State shall notify the producer organisa-
3.
tion or association of producer organisations of the estimated
amount of Community financial assistance in line with the
limits set out in Article 103d.

Article 103f

National
operational programmes

framework

and national

strategy

for

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 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 the
Treaty and in the sixth Community environment action pro-
gramme (*****). Investments on individual holdings supported
by operational programmes
those
objectives.

shall also respect

2. Member States shall establish a national strategy for
sustainable operational programmes in the fruit and veg-
etable 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 instru-
ments, performance indicators;

(d) assessment of operational programmes;

(e)

reporting obligations for producer organisations.

4.
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.

5.
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 finan-
cial assistance.

6.
Operational programmes and their financing by pro-
ducers and producer organisations on the one hand and by
Community funds on the other shall have a minimum dura-
tion 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)

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

The national strategy shall also integrate the national frame-
work referred to in paragraph 1.

(c)

rules on investments on individual holdings;

Paragraphs 1 and 2 shall not apply to Member States

3.
which have no recognised producer organisations.

(d)

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

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 pro-
visions of this subsection.

Producer organisations shall communicate to the Mem-
2.
ber 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.

(e) provision for partial payments of the Community finan-

cial assistance referred to in Article 103g.

OJ L 265, 26.9.2006, p. 1.

(*)
(**) OJ L 277, 21.10.2005, p. 1. Regulation as last amended
by Regulation (EC) No 146/2008 (OJ L 46, 21.2.2008,
p. 1).

(***) OJ L 198, 22.7.1991, p. 1. Regulation as last amended
by Commission Regulation (EC) No 123/2008
(OJ L 38, 13.2.2008, p. 3).
(****) OJ L 189, 20.7.2007, p. 1.
(*****) Decision No 1600/2002/EC of the European Parlia-
ment and of the Council of 22 July 2002 laying down
the Sixth Community Environment Action Programme
(OJ L 242, 10.9.2002, p. 1).’

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23. Article 113 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

Provision may be made by the Commission for
‘1.
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 shall be amended as follows:

(i) point (a) shall be amended as follows:

(ia) point (iii) shall be replaced by the following:

‘(iii) the interest of consumers to receive
adequate and transparent product infor-
mation including, in particular for prod-
ucts of
the fruit and vegetables and
processed fruit and vegetables sectors, the
country of origin, the class and, where
appropriate, the variety (or the commer-
cial type) of the product;’

(ib) the following point shall be 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) shall be replaced by the following:

‘(b) may in particular relate to quality, grading into
classes, weight, sizing, packaging, wrapping,
storage, transport, presentation, marketing, ori-
gin and labelling.’;

24. the following Articles shall be inserted:

‘Article 113a

Additional requirements for the marketing of the
products of the fruit and vegetables sector

The products of the fruit and vegetables sector which
1.
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.

The marketing standards referred to in paragraph 1 of
2.
this Article and in points (b) and (c) of Article 113(1) shall
apply at all marketing stages including import and export
unless otherwise provided for by the Commission.

3.
The holder of products of the fruit and vegetables and
processed fruit and vegetables sector covered by marketing
standards may not display such products or offer them for
sale or deliver or market them in any manner within the
Community other than in conformity with those standards
and shall be responsible for ensuring such conformity.

Further to the second subparagraph of Article 113(3)
4.
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 in the
Member States 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 condi-
tions laid down in Annex XIa, in particular the sales descrip-
tions to be used set out in point III thereof, shall apply to the
meat of bovine animals aged 12 months or less slaughtered
on or after 1 July 2008, whether produced in the Commu-
nity 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.

The conditions referred to in paragraph 1 shall not
2.
apply to the meat of bovine animals for which a protected
designation of origin or geographical indication has been reg-
istered in accordance with Regulation (EC) No 510/2006 of
20 March 2006 on the protection of geographical indications
and designations of origin for agricultural products and food-
stuffs (*), before 29 June 2007.

(*) OJ L 93, 31.3.2006, p. 12. Regulation as amended by
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006,
p. 1).’;

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25. Article 121 shall be amended as follows:

(b) point (c) shall be replaced by the following:

(a) point (a) shall be replaced by the following:

‘(a) marketing standards referred to in Articles 113

and 113a including rules on:

(i)

derogations or exemptions from the applica-
tion of the standards;

(ii) presentation of particulars required by the stan-
dards as well as on marketing and labelling;

(iii) the application of the standards to products
the

into, or

exported

from,

imported
Community;

‘(c) pursue a specific aim which may in particular, or as
regards the fruit and vegetables sector shall, include
one or more of the following objectives:

(i)

ensuring that production is planned and
adjusted to demand, particularly in terms of
quality and quantity;

(ii) concentration of supply and the placing on the
the products produced by its

market of
members;

(iii) optimising production costs and stabilising

producer prices.’;

(iv)

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

27. Article 123 shall be amended as follows:

(a)

the first paragraph becomes paragraph 1;

(b)

the following point shall be added:

(b)

the second paragraph shall be replaced by the following:

‘(j)

as regards the conditions that shall be used in the
marketing of the meat of bovine animals aged 12
months or less in accordance with Article 113b:

(i)

(ii)

the practical methods 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 methods of verifying compliance with this
Regulation.’;

(c)

the following paragraph shall be added:

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

26. Article 122 shall be amended as follows:

(a) point (a) shall be replaced by the following:

‘(a) are constituted by producers of one of the follow-

ing sectors:

(i) hops;

(ii) olive oil and table olives;

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

(iv) silkworm;’;

‘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 Commit-
tee referred to in Article 195(1).’;

(c)

the following paragraph shall be added:

Further to paragraph 1, Member States shall also

‘3.
recognise interbranch organisations which:

(a) are made up of representatives of economic activi-
ties linked to the production of and/or trade in
and/or processing of the products of the fruit and
vegetables sector;

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

(c)

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)

(ii)

improving knowledge and the transparency of
production and the market;

helping to coordinate better the way fruit and
vegetables are placed on the market, in par-
ticular by means of research and market
studies;

(iii) drawing up standard forms of contract com-

patible with Community rules;

(iv)

exploiting to a fuller extent the potential of the
fruit and vegetables produced;

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providing the information and carrying out
the research necessary to adjust production
towards products more suited to market
requirements and consumer tastes and expec-
tations, in particular with regard to product
quality and protection of the environment;

(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;

(v)

(vi)

seeking ways of restricting the use of plant-
health products and other inputs and ensuring
product
and water
and
conservation;

quality

soil

(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
and geographical
indications;

labels

(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.’;

28. the following Section shall be inserted in Chapter II of Title II

of Part II:

‘ S e c t i o n I A

c o n c e r n i n g

R u l e s
a n d
i n t e r b r a n c h o r g a n i s a t i o n s a n d p r o d u c e r
g r o u p s i n t h e f r u i t a n d v e g e t a b l e s s e c t o r

p r o d u c e r

S u b s e c t i o n I

R u l e s
a s s o c i a t i o n
p r o d u c e r o r g a n i s a t i o n s

o f

a n d

r e c o g n i t i o n

o f

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;

(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 paragraph 1(c), 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 out-
side 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 organi-
sation 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 organi-
sation designated by their own organisation products
which, because of their characteristics, are not normally
covered by the commercial activities of the producer
organisation concerned.

The rules of association of a producer organisation

3.
shall also provide for:

(a) procedures for determining, adopting and amending the

rules referred to in paragraph 1;

(b)

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

(c)

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)

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

(f)

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

(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);

4.
Producer organisations in the fruit and vegetables sec-
tor shall be deemed as acting in the name of, and on behalf
of, their members in economic matters.

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Article 125b

Recognition

(c) notify the Commission, once per year, of every decision

to grant, refuse or withdraw recognition.

1. Member States shall recognise as producer organisa-
tions in the fruit and vegetables sector all legal entities or
clearly defined parts of legal entities applying for such recog-
nition, provided that:

(a)

(b)

(c)

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 effec-
tiveness 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;

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

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

Article 125c

p r o d u c e r

o r g a n i s a t i o n s

a n d

Association of producer organisations in the fruit and
vegetables sector

An association of producer organisations in the fruit and veg-
etables sector shall be formed on the initiative of recognised
producer organisations and may carry out any of the activi-
ties 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)

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

(b)

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

Article 125a(4) shall apply mutatis mutandis.

(d)

they effectively enable their members to obtain techni-
cal assistance in using environmentally-sound cultiva-
tion practices;

Article 125d

Outsourcing

(e)

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

(f)

they ensure proper commercial and accounting manage-
ment of their activities; and

Member States may permit a recognised producer organisa-
tion in the fruit and vegetables sector or a recognised asso-
ciation 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 pro-
ducer organisation or association of producer organisations
concerned.

(g)

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

Article 125e

Producer groups in the fruit and vegetables sector

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 Chapter,
impose the penalties on such organisations in the event
of non-compliance or irregularities concerning the pro-
visions of this Regulation and decide, where necessary,
to withdraw recognition;

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 formed as a legal entity or clearly defined part
of a legal entity, 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.

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In order to qualify, those producer groups shall present a
phased recognition plan to the relevant Member State, accep-
tance 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.

A producer organisation shall be deemed representative
3.
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, until 31 December 2008, by Regulation (EEC)
No 2092/91 and, from 1 January 2009, by Regulation (EC)
No 834/2007.

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

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

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 represen-
tative of production and producers in that area, the Member
State concerned may, at the request of the producer organi-
sation, make the following rules binding on producers estab-
lished in that economic area who do not belong to the
producer organisation:

(a)

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

(b)

the rules required to implement the measures referred to
in Article 103c(2)(c).

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 market-

ing 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 neigh-
bouring production regions in which production and mar-
keting conditions are homogeneous.

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

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.

The rules which are made binding on all producers in a

4.
specific economic area:

(a)

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

(b)

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, until 31 December 2008, by Regu-
lation (EEC) No 2092/91 and, from 1 January 2009, by
Regulation (EC) No 834/2007 unless such a measure has
been agreed to by at least 50 % of such producers in the eco-
nomic 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 in a
specific economic area pursuant to Article 125f(1). The Com-
mission shall make these rules publicly available by the meth-
ods it considers appropriate.

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;

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

(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 con-
cerned may decide, on scrutiny of evidence presented, that
non-member producers shall be liable to the producer organi-
sation for the part of the financial contributions paid by the
producer members, insofar as these are used to cover:

(c)

they carry out two or more of the activities referred to
in Article 123(3)(c);

(d)

they are not themselves engaged in the production or
processing or marketing of fruit and vegetables or prod-
ucts 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).

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.

(a) administrative costs resulting from applying the rules

referred to in Article 125f(1);

3. Member States shall:

(b)

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

Article 125j

Extension of
organisations

rules of

associations of producer

(a) decide whether to grant recognition within three months
of the lodging of an application with all relevant sup-
porting documents;

(b) 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 irregu-
larities concerning the provisions of this Regulation and
decide, where necessary, to withdraw recognition;

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

(c) withdraw recognition if:

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

I n t e r b r a n c h o r g a n i s a t i o n s
v e g e t a b l e s s e c t o r

i n t h e

f r u i t

a n d

Article 125k

Recognition and withdrawal of recognition

1.
If warranted by the Member State’s structures, Member
States may recognise as interbranch organisations in the fruit
and vegetables sector all legal entities established on their ter-
ritory which make an appropriate application, on condition
that:

(a)

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

(b)

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
region is involved, they can demonstrate a minimum
level of representativeness in each region for each of the
branches that they group;

(i)

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

(ii)

the interbranch organisation engages in any of the
agreements, decisions and concerted practices
referred to in Article 176a(4), without prejudice to
any other penalties to be imposed pursuant to
national law;

(iii) the interbranch organisation fails to comply with
in

notification

obligation

referred

to

the
Article 176a(2);

(d) notify the Commission, within two months, of any deci-

sion to grant, refuse or withdraw recognition.

4.
The Commission shall lay down the terms and condi-
tions 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 Mem-
ber State to withdraw recognition.

5.
Recognition shall constitute an authorisation to carry
out the activities listed in Article 123(3)(c), subject to the
terms of this Regulation.

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The Commission shall make publicly available a list of
6.
recognised interbranch organisations, by the methods it con-
siders appropriate, indicating the economic sphere or the
area of their activities and the activities carried out within the
meaning of Article 125l. Withdrawals of recognition shall
also be made publicly available.

Article 125l

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 pro-
cessing of a given product, the Member State concerned may,
at the request of that interbranch organisation, make bind-
ing 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 ques-
tion, whether individuals or groups, who do not belong to
the organisation.

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

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 market-
ing year.

4.
The rules referred to in points (a)(ii), (iv) and (v) of para-
graph 3 shall not be other than those set out in Annex XVIa.
The rules referred to in point (a)(ii) of 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.
Before the rules are made publicly available, the Com-
mission shall inform the Committee set up by Article 195 of
any notification of the extension of interbranch agreements.

3.
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.

The rules for which extension to other operators may

3.
be requested:

Article 125n

(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 com-

patible 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 des-
ignations 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;

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 prod-
ucts concerned, the Member State which has granted recog-
nition 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.’;

29. the following point shall be inserted in Article 127:

‘(da) as the case may be, the rules on transnational producer
organisations and transnational associations of pro-
ducer organisations including administrative assistance
to be given by the relevant competent authorities in the
case of transnational cooperation;’

30. the following points shall be inserted in Article 130:

‘(fa) fruit and vegetables;

(d)

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

(fb) processed fruit and vegetables;’

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31. the following Article shall be 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 Com-
mission 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 secu-
rity equal to the import duty determined on the basis of the
flat-rate import value shall be required.

If the entry price of the consignment in question is not
3.
declared at the time of customs clearance, the common cus-
toms 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.’;

32.

in Article 141(1), the first subparagraph shall be replaced by
the following:

‘1.
An additional import duty shall apply to imports at the
rate of duty laid down in Articles 135 to 140a 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:’;

33.

in Article 153(1), the first subparagraph shall be replaced by
the following:

‘1.
A traditional supply need of sugar for refining is fixed
for the Community at 2 424 735 tonnes per marketing year,
expressed in white sugar.’;

34.

in Article 160(1), the first subparagraph shall be replaced by
the following:

‘1. Where the Community market is disturbed or is liable
to be disturbed by inward processing arrangements, the
Commission may suspend at the request of a Member State
or on its own initiative fully or partially the use of inward
processing arrangements for the products of the cereals, rice,
sugar, olive oil and table olives, fruit and vegetables, pro-
cessed fruit and vegetables, beef and veal, milk and milk

products, pigmeat, sheepmeat and goatmeat, eggs, poul-
trymeat and agricultural ethyl alcohol sectors. If the Commis-
sion receives a request from a Member State, it shall take a
decision thereon within five working days following receipt
of the request.’;

35. the following points shall be inserted in Article 161(1):

‘(da) fruit and vegetables;

(db) processed fruit and vegetables;’

36.

in Article 174(1), the first subparagraph shall be replaced by
the following:

‘1. Where the Community market is disturbed or is liable
to be disturbed by outward processing arrangements, the
Commission may suspend at the request of a Member State
or on its own initiative fully or partially the use of outward
processing arrangements for the products of the cereals, rice,
fruit and vegetables, processed fruit and vegetables, beef and
veal, pigmeat, sheepmeat and goatmeat and poultrymeat sec-
tors. If the Commission receives a request from a Member
State, it shall take a decision thereon within five working days
following receipt of the request.’;

37. Article 175 shall be replaced by the following:

‘Article 175

Application of Articles 81 to 86 of the Treaty

Save as otherwise provided for in this Regulation, Articles 81
to 86 of the Treaty and implementation provisions thereof
shall, subject to Articles 176 to 177 of this Regulation, apply
to all agreements, decisions and practices referred to in
Articles 81(1) and 82 of the Treaty which relate to the pro-
duction of or trade in the products referred to in points (a)
to (k) and Article 1(1)(m) to (u) and in Article 1(3) of this
Regulation.’;

38. the following Article shall be inserted:

‘Article 176a

Agreements and concerted practices in the fruit and
vegetables sector

1.
Article 81(1) of the Treaty shall not apply to the agree-
ments, decisions and concerted practices of recognised inter-
branch 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;

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(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.

The agreements, decisions and concerted practices may
3.
not be put into effect before the lapse of the period referred
to in paragraph 2(b).

The following agreements, decisions and concerted
4.
practices shall in any case be declared incompatible with
Community rules:

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

(b) agreements, decisions and concerted practices which
the market

the sound operation of

may affect
organisation;

(c) agreements, decisions and concerted practices which
may create distortions of competition which are not
essential to achieving the objectives of the common agri-
cultural policy pursued by the interbranch organisation
activity;

(d) agreements, decisions and concerted practices which
entail the fixing of prices, without prejudice to activities
carried out by interbranch organisations in the applica-
tion of specific Community rules;

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

If, following expiry of the two-month period referred to
5.
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 con-
cerned, unless that interbranch organisation has given incor-
rect 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.’;

39. Article 179 shall be 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 appli-
cation of Articles 176a, 177 and 178, including the rules
concerning notification and publication.’;

40. Article 180 shall be replaced by the following:

‘Article 180

Application of Articles 87, 88 and 89 of the Treaty

Save as otherwise provided for in this Regulation, and in par-
ticular with the exception of the State aids referred to in
Article 182 of this Regulation, Articles 87, 88 and 89 of the
Treaty shall apply to the production of and trade in the prod-
ucts referred to in points (a) to (k) and Article 1(1)(m) to (u)
and in Article 1(3) of this Regulation.’;

41. Article 182 shall be amended as follows:

(a) paragraph 2 shall be 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 Fin-
land up to and including the 2010 harvest.

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

(b)

the following paragraphs shall be 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.

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 and 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 organi-
sation 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 con-
cerned; and

the Member State concerned presents a report to
the Commission by 31 December 2010 on the
effectiveness and efficiency of the state aid, in par-
ticular 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.’;

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42. the following point shall be added to Article 184:

‘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 opera-
tional programmes in the fruit and vegetables sector.’;

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.

43. the following Article shall be inserted:

‘Article 203a

Transitional rules in the fruit and vegetables and the
processed fruit and vegetables sectors

set out

in Regulations

The aid schemes

1.
(EC)
No 2201/96 and (EC) No 2202/96 of 28 October 1996
introducing a Community aid scheme for producers of cer-
fruit (*) and abolished by Regulation (EC)
tain citrus
No 1182/2007 shall remain applicable in respect of each of
the products concerned for the marketing year for that prod-
uct ending in 2008.

Producer organisations and associations of producer
2.
organisations already recognised under Regulation (EC)
No 2200/96 before the date of entry into force of this Regu-
lation shall continue to be recognised under this Regulation.
Where necessary, they shall make adaptations to the require-
ments of this Regulation by 31 December 2010.

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

under Regulation

recognised

already

At the request of a producer organisation, an opera-
3.
tional 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

(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 pro-
grammes submitted in 2007 but not yet approved at the date
of application of this Regulation which otherwise meet the
criteria of those points.

5.
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 subse-
quent marketing years may, with the agreement of both par-
ties, 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.

6. Where a Member State makes use of the transitional
arrangement under Article 68b or Article 143bc of Regula-
tion (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 characteris-
tics of the raw material supplied for processing and mini-
mum quality requirements for finished products shall remain
applicable in respect of the raw materials harvested in its
territory.

Until new marketing standards are adopted in respect
7.
of fruit and vegetables and processed fruit and vegetables in
accordance with Articles 113 and 113a, the marketing stan-
dards 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 2201/96, (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.

(*) OJ L 297, 21.11.1996, p. 49. Regulation as last amended
by Commission Regulation (EC) No 1933/2001
(OJ L 262, 2.10.2001, p. 6).’;

44. the Annexes shall be amended as follows:

(a) Part XXI of Annex I shall be amended as follows:

4.
Producer groups which were granted preliminary rec-
ognition under Regulation (EC) No 2200/96 shall continue
to benefit from that preliminary recognition under this Regu-
lation. Recognition plans accepted under Regulation (EC)

(i)

entries

the
0511 99 39 and 0511 99 85 shall be deleted;

CN-codes

under

0511 99 31,

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(ii)

the entry under CN-code 1211 shall be replaced by
the following:

‘Plants and parts of plants
(including seeds
and fruits) of a kind used primarily in perfumery, in
pharmacy or for insecticidal, fungicidal or similar
purposes, fresh or dried, whether or not cut, crushed
or powdered excluding the products listed under
CN-code ex 1211 90 85 in Part IX of this Annex’;

(b) Annexes VIIa, VIIb and VIIc shall be inserted, the text of

which appears in Annex I to this Regulation;

Article 2

Amendments to Regulation (EC) No 1184/2006

Article 1 of Regulation (EC) No 1184/2006 shall be replaced by
the following:

‘Article 1

This Regulation shall lay down the rules to be applied as regards
the applicability of Articles 81 to 86 and certain provisions of
Article 88 of the Treaty in relation to production of, or trade in,
the products listed in Annex I to the Treaty with the exception of
the products referred to in points (a) to (k) and Article 1(1)(m)
to (u) and in Article 1(3) of Regulation (EC) No 1234/2007 (*).

(c) point VI of Annex VIII shall be replaced by the following:

(*) OJ L 299, 16.11.2007. Regulation as last amended by Regu-

lation (EC) No 361/2008 (OJ L 121, 7.5.2008, p. 1).’

‘VI.

Where Article 59(2) is applied, Member States shall allo-
cate the adjusted quotas by the end of February with a
view to applying them in the following marketing year.’;

(d) Annex XIa shall be inserted, the text of which appears in

Annex II to this Regulation;

(e)

the following subparagraph shall be added to point III(1)
of Annex XIII:

‘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.’;

(f) Annex XVIa shall be inserted, the text of which appears

in Annex III to this Regulation;

Article 3

Repeals

Regulations (EC) No 2200/96,

1.
No 700/2007 and (EC) No 1182/2007 shall be repealed.

(EC) No 2201/96,

(EC)

References to the repealed Regulations shall be construed as ref-
erences 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.

(EEC) No 2093/70,
(EEC) No 155/74,

(EEC) No 846/72,
(EEC) No 1627/75,

Regulations (EEC) No 449/69, (EEC) No 1467/69, (EEC)
2.
(EEC)
No 2511/69,
No 1252/73,
(EEC)
No 794/76, (EEC) No 1180/77, (EEC) No 10/81, (EEC) No 40/81,
(EEC) No 3671/81, (EEC) No 1603/83, (EEC) No 790/89, (EEC)
(EEC)
No 3650/90,
No 3816/92,
(EC)
No 399/94, (EC) No 2241/2001 and (EC) No 545/2002 shall be
repealed.

(EEC) No 3438/92,
(EEC) No 746/93,

(EEC) No 525/92,
(EEC) No 742/93,

Article 4

This Regulation shall enter into force on the seventh day follow-
ing its publication in the Official Journal of the European Union.

It shall apply from 1 July 2008. However:

(a) points 3, 4, 5, 8, 12 and 13 of Article 1 shall apply from

1 September 2008;

(g) Annex XXII shall be amended in accordance with

(b) points 9, 14 to 19, 33 and 44 (b) and (c) of Article 1 shall

Annex IV to this Regulation.

apply from 1 October 2008.

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

Done at Luxembourg, 14 April 2008.

For the Council
The President
I. JARC

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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)

“percentage at Member State level” means the percentage to be established in accordance with point 2 for the pur-
pose of determining the total quantity to be reduced at the level of the Member State concerned;

(b)

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

(c)

“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 con-
cerns 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) × the reduction].

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

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)

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

(b)

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

Qty/Σ [(1 – R/K) × 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) × 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 con-
cerned by its quota as allocated in accordance with Articles 7 and 11(1) to (3) of Regulation (EC) No 318/2006 and
Article 60(1) to (3) of this Regulation;

“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.

(c)

(d)

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

renunciation].

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

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 point 2, the following definitions shall apply:

(a)

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

(b)

“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 coeffi-

cient increased by [(1/0,6) × the reduction] × (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 of the Council of 17 July 2000 estab-
lishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef
products (*).

(*) OJ L 204, 11.8.2000, p. 1. Regulation as last amended by Council Regulation (EC) 1791/2006 (OJ L 363,

20.12.2006, 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/EC.

2. The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the fol-

lowing sales description(s) laid down for each Member State:

(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

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

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Country of marketing

Sales descriptions to be used

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

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

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

Greece

Spain

France

Ireland

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

United Kingdom

kalvekød

Jungrindfleisch

noorloomaliha

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

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3. The sales descriptions referred to in paragraph 2 may be supplemented by an indication of the name or designa-

tion of the pieces of meat or offal concerned.

4. 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 ani-
mals aged more than 12 months.

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 eight
months” in the case of animals aged eight months or less, or “age on slaughter: from eight to 12 months” in
the case of animals aged more than eight months but not more than 12 months;

(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 para-
graph 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 fol-
lowing information:

(a)

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

(b)

an indication of a reference number making it possible to establish a link between, on the one hand, the iden-
tification 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;

(c)

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 113b 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 prin-
ciples 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 (*).

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3. The Commission shall, jointly with the competent authorities, ensure that Member States are complying with the

provisions of Article 113b and this Annex.

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 113b
and this Annex are being implemented.

5. Any Member State on whose territory checks are carried out shall provide the Commission with all necessary assis-

tance which it may require for the accomplishment of its tasks.

(*) OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 180/2008 (OJ L 56,

29.2.2008, p. 4).

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 Com-

munity in accordance with the provisions of Article 113b and 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 the 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 con-
ditions laid down in European Standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies oper-
ating product certification systems).

3. The designated competent authority or, where applicable, the independent third-party body shall ensure that the

requirements of Article 113b and 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 Article 113b and 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 pro-
visions on the penalties to the Commission by 1 July 2009 and shall notify it without delay of any subsequent amend-
ment 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 125L

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 to be used according to intended destination (fresh market/industrial processing);

(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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ANNEX IV

AMENDMENTS CONCERNING ANNEX XXII TO REGULATION (EC) No 1234/2007

1.

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 Regula-
tion shall be replaced by the following:

‘Article 3 first paragraph, first indent

Article 31(1)(e)’

2.

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 shall be
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), sec-
ond 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 28(a)

Article 29

Article 43(d)(i)

Article 43(d)(iii)

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

Article 25 and 43(f)

Article 6(4) second subparagraph second sen-
tence

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 shall be replaced by
the following:

‘Article 12

Articles 31(1)(f) and 38’

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4.

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

‘Article 19a

Article 52a’

5.

the following tables shall be 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 first paragraph

Article 1 second paragraph

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 3(1)(c)(ii)

Article 3(1)(c)(iii)

Article 3(1)(d)

Article 3(1)(e)

Article 3(2)-(5)

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)

Article 122(c)(i)

Article 122(c)(iii)

Article 125a(1) introductory words

Article 122

Article 125a

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Regulation (EC) No 1182/2007

This Regulation

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 37 first paragraph

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 125l

Article 125m

Article 125n

Article 128

Article 129

Article 130(1)(fa) and (fb)

Article 131

Article 132

Article 133

Article 134

Article 135

Article 140a

Article 141

Article 143

Article 144

Article 145

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

Article 148

Article 38

Article 39

Article 40

Article 41

Article 42(a)(i)

Article 42(a)(ii)

Article 42(a)(iii)

Article 159

Article 160

Article 161(1)(da) and (db)

Article 174

Article 121(a)

Article 113a(3)

Article 121(a)(i)

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Regulation (EC) No 1182/2007

This Regulation

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 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)’