Commission Regulation (EC) No 709/2008 of 24 July 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007, as regards interbranch organisations and agreements in the tobacco sector
Date: 2008-07-24
Institutions: European Commission
Subjects: approval, common organisation of markets, professional association, tobacco industry

25.7.2008

EN

Official Journal of the European Union

L 197/23

COMMISSION REGULATION (EC) No 709/2008

of 24 July 2008

laying down detailed rules for implementing Council Regulation (EC) No 1234/2007, as regards
interbranch organisations and agreements in the tobacco sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 127 and 179 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

Council Regulation (EEC) No 2077/92 of 30 June 1992
concerning interbranch organisations and agreements in
the tobacco sector (2) is to be repealed from 1 July 2008
under
(EC)
No 1234/2007 (Single CMO Regulation).

Regulation

201(1)(c)

Article

of

laid down in Regulation (EEC)
Certain provisions
No 2077/92 have not been incorporated in Regulation
(EC) No 1234/2007.
In order to enable the tobacco
sector
to continue to function properly and in the
interest of clarity and rationalisation a new Regulation
should be adopted laying down those provisions as well
as
laid down in
implementing rules
Commission Regulation (EEC) No 86/93 of 19 January
1993 on detailed rules for the application of Council
Regulations (EEC) No 2077/92 concerning inter-branch
organisations and agreements in the tobacco sector (3).

current

the

(3)

Regulation (EEC) No 86/93 should therefore be repealed.

(4)

Interbranch organisations established by individuals or
groups, and representing a significant proportion of the
various categories involved in production, processing and
marketing in the tobacco sector are likely to contribute
to better account being taken of the market situation and

(1) OJ L 299, 16.11.2007, p. 1. Regulation as last amended by
Commission Regulation (EC) No 510/2008 (OJ L 149, 7.6.2008,
p. 61).

(2) OJ L 215, 30.7.1992, p. 80. Regulation repealed by Regulation (EC)

No 1234/2007.

(3) OJ L 12, 20.1.1993, p. 13.

(5)

(6)

(7)

(8)

encourage changes in economic behaviour intended to
improve knowledge and organisation of production,
processing and marketing. Some of their activities may
contribute to improvement of the market balance and
therefore help to achieve the objectives laid down in
Article 33 of
the Treaty. The measures which may
constitute such a contribution by the interbranch orga­
nisations should be defined.

In view of the above, it is appropriate to grant specific
recognition to bodies which can demonstrate their
proven representativeness at regional,
inter-regional or
Community level and which take positive action in
pursuit of the above mentioned objectives. Such recog­
nition should be granted by the Member State or by the
Commission, depending on the scope of the activities of
the trade association.

In order to support certain activities of interbranch orga­
nisations which are of particular interest in the light of
the current rules concerning the market organisation for
the tobacco sector, provision should be made for the
rules adopted by an interbranch organisation for its
members to be extended, subject to certain conditions,
to all non-member producers and groups in one or more
regions. Non-members should also be made liable to pay
all or part of the subscriptions intended to cover the
non-administrative
incurred in pursuing such
activities. This procedure should be implemented in a
way which guarantees the rights of the socio-economic
the
in particular
groups
consumer.

concerned,

rights of

costs

the

the recognised interbranch organi­
Other activities of
sations may be of general
technical
economic or
interest for the tobacco sector and so be of benefit to
all persons active in the branches in question, whether or
not they are members of the organisation. In such cases
it appears reasonable to make non-members liable to pay
the subscriptions intended to cover the costs, other than
administrative costs, arising directly from performance of
the activities in question.

In order to ensure correct operation of the scheme, there
should be close cooperation between the Member States
and the Commission. The latter
should also have
permanent monitoring powers, particularly as regards
interbranch organisations operating at
recognition of
regional or inter-regional
level and the agreements and
concerted practices adopted by such organisations.

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Official Journal of the European Union

25.7.2008

(9)

(10)

For the information of the Member States and other
interested parties there should be provision for publi­
cation, at least once a year , of a list of the organisations
recognised during the previous year, a list of the organi­
sations whose recognition has been withdrawn during
the
rules which have been
extended with an indication of their scope.

same period and the

In order to be sufficiently representative for its region, an
interbranch organisation must cover at least one-third of
the quantities produced, processed or purchased by the
members of each of the branches. Likewise, in order to
avoid imbalances between regions it must meet
this
requirement in all of the regions in which it operates.

(11)

It should be specified that trade in tobacco covers,
in
addition to the business of tobacco merchants, direct
purchase of baled tobacco by its final users.

(12) Where the Commission is responsible for the recognition
of an interbranch organisation, the information which
the
to the
Commission should be specified.

interbranch organisation must provide

No 1234/2007, subject to the conditions laid down in this
Regulation.

Article 3

Recognition by the Member States

On application, a Member State shall recognise inter­

1.
branch organisations established in their territory which:

(a) carry out their activities at regional or inter-regional

level

within its territory;

(b) pursue the aims referred to in point (c) of the first subpara­
graph of Article 123 of Regulation (EC) No 1234/2007 by
engaging in activities to:

(i) contribute to enhanced coordination of the placing on

the market of leaf or baled tobacco;

(ii) prepare

standard

contracts

compatible

with

Community rules;

(13) Withdrawal of recognition must

in general be made
effective from the time the requirements for recognition
ceased to be met.

(iii) improve market intelligence and transparency;

(14)

(15)

It should be specified that the minimum degree of repre­
interbranch organisations operating inter-
sentation of
regionally must be the same as that
laid down for
regional interbranch organisations.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

(iv) increase

value

added, particularly by means of
marketing and research into new uses which do not
pose a threat to public health;

(v) redirect the sector towards products which better meet

market and public health requirements;

(vi) carry out research of methods permitting reduced use
of plant health products and guaranteeing product
quality and soil conservation;

(vii) develop methods and instruments

improving
the production and processing

for

product quality at
stages;

This Regulation lays down the conditions for the recognition
and activity of interbranch organisations operating in the sector
covered by the market organisation for tobacco products as
referred to in Part XIV of Annex I of Regulation (EC)
No 1234/2007.

(viii) use certified seed and monitor product quality;

(c) do not themselves undertake the production, processing or

marketing of the products referred to in Article 1;

Article 2

Recognition

Recognition of interbranch organisations shall provide authori­
sation for them to carry out the activities referred to in point (c)
of the first subparagraph of Article 123 of Regulation (EC)

(d) cover a significant proportion of

the production and/or
trade in relation to the sphere of action and the branches
represented. Where an interbranch organisation is inter-
it must provide proof of representa­
regional
tiveness,
in
each region covered.

in scope,
in respect of each of the grouped branches,

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For the purposes of point (d) of paragraph 1 an inter­
2.
branch organisation shall be
considered representative at
regional level if it accounts for at least one-third of the quan­
tities produced, processed or purchased by the members of each
of the branches it covers who are engaged in the production or
first processing or trading in, the tobacco or groups of tobacco
varieties covered by the organisation's activities.

(b) have been established under the legislation of a Member

State;

(c) satisfy the provisions of Article 3(1), points (b), (c) and (d).

If an organisation is inter-regional or Community-wide in scope,
it must meet the requirements laid down in the first subpara­
graph in each of the regions in question.

Applications for recognition made by interbranch organi­
2.
sations carrying out their activities throughout, or in part of, the
territories of
the
Community shall be addressed to the Commission and accom­
panied by documentation showing:

several Member States or

throughout

Prior to recognition being granted,

the Member States
3.
shall notify to the Commission all
information necessary to
demonstrate compliance with the relevant conditions for recog­
nition of the interbranch organisation laid down in Article 123
of Regulation (EC) No 1234/2007 and in paragraphs 1 and 2 of
this Article, on the basis of which they are to recognise the
interbranch organisation.

(a) compliance with criteria laid down in Article 123 of Regu­

lation (EC) No 1234/2007;

(b) the scope of
Article 3(1);

their activities and its compliance with

The Commission may oppose recognition within 60 days of
that notification by the Member State.

(c)

the geographical area of their activities;

4. Member States shall withdraw recognition:

Member State;

(d) that they have been established under the legislation of a

(a)

if the conditions laid down in this Article cease to be met;

(e)

they meet

that
indicated in Article 3(2).

the relevant representation requirements

(b) if

the interbranch organisation falls under the scope of

Article 177(2) of Regulation (EC) No 1234/2007;

(c)

if the interbranch organisation fails in its obligation to make
the notification required under Article 177(1)(a) of Regu­
lation (EC) No 1234/2007.

3.
The Commission shall notify applications for recognition
to the Member States on whose territories the interbranch
organisation is established and on whose territories it carries
out
the Member
States concerned shall have two months to make their obser­
vations about the recognition.

its activities. Following such notification,

5. Member States shall immediately notify the Commission
of decisions to withdraw recognition.

The Commission shall

4.
take a decision on recognition
within four months from receiving the application and all
necessary information laid down in paragraph 2.

Article 4

Recognition by the Commission

5.
The Commission shall withdraw recognition of the inter­
branch organisations referred to in paragraph 1 of this Article
for the reasons laid down in Article 3(4).

On application the Commission shall recognise inter­

1.
branch organisations which:

(a) carry out their activities throughout or in part of the terri­
the

several Member States, or

throughout

tories of
Community;

Article 5

Withdrawal of recognition

Withdrawal of recognition pursuant to Articles 3(4) or 4(5)
shall be effective from the time the conditions for recognition
cease to be met.

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Official Journal of the European Union

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Article 6

Publication of the recognised interbranch organisations

in the ‘C’ series of the Official

The Commission shall publish, at least once a year or as appro­
Journal of the European
priate,
Union the names of the interbranch organisations recognised.
The publication shall include the economic sector or the area in
which they operate and the activities pursued as provided for in
point (c) of Article 123 of Regulation (EC) No 1234/2007.
least
Withdrawals of recognition shall also be published at
once a year.

Article 7

Extension of certain rules to non-members

The approval by the Commission of
the
existing agreements and concerted practices as provided for in
Article 178(3) of Regulation (EC) No 1234/2007 is subject to
the procedure laid down in Article 8 of this Regulation.

the extension of

Article 8

Procedure of extension of certain rules to non-members

1.
In the case of existing agreements and concerted practices
laid down by interbranch organisations recognised by the
Member States, the Member States shall publish for the infor­
mation
the
agreements or concerted practices which they intend to
extend to non-member individual operators or groups in a
particular
regions in accordance with
Article 178 of the Regulation (EC) No 1234/2007.

region or group of

socio-economic

concerned,

groups

the

of

the Member States and the socio-economic groups concerned
shall submit their observations within two months from the
date of publication.

4.
If the rules of which extension is requested are technical
rules within the meaning of Directive 98/34/EC of the European
Parliament and of the Council, they shall be notified to the
Commission in accordance with Article 8 of that Directive at
the same time as the notification provided for in paragraph 2 of
this Article.

Without prejudice to paragraph 5 of this Article, where the
conditions for delivery of a detailed opinion under Article 9
of Directive 98/34/EC are met, the Commission shall refuse
to approve the requested extension of the rules.

5.
The Commission shall take a decision on the application
for the extension of the rules within three months of notifi­
cation by the Member State laid down in paragraph 2. Where
paragraph 3 applies,
take a decision
within five months from the publication of such rules in the
‘C’ Series of the Official Journal of the European Union.

the Commission shall

The Commission shall take a negative decision if it finds that
the extension would:

(a) prevent, restrict or distort competition in a substantial part

of the common market;

The socio-economic groups concerned shall submit their obser­
vations to the competent authority of the Member State within
two months from the date of publication.

(b) restrict freedom of trade; or

At the end of the two month period and before taking a
2.
decision, the Member States shall notify the Commission the
rules which they intend to make binding and provide all appro­
priate information especially of
the evaluation of such an
the rules concerned are ‘technical’
extension and whether
within the meaning of Directive 98/34/EC of the European
Parliament and of the Council (1). Notification shall include all
the observations received from the concerned socio-economic
groups under the second subparagraph of paragraph 1 and the
evaluation of the application for extension.

Journal of

The Commission shall publish in the ‘C’ series of the
3.
the European Union the rules of which
Official
extension is requested by interbranch organisations recognised
by the Commission under Article 4. Following the publication,

(1) OJ L 204, 21.7.1998, p. 37.

(c)

jeopardise the objectives of the common agricultural policy
or those of any other Community rules.

6.
The rules for which application has been extended shall be
published in the ‘C’ series of the Official Journal of the European
Union.

Article 9

Payment of the subscription by non-members

1. When, pursuant to Article 8, rules are made binding on
non-members of the interbranch organisation, the Member State
or the Commission, as appropriate, may decide that individuals
or groups which are non-members shall pay to the organisation
all or part of
the subscription paid by members. Such
subscription shall not be used to cover the administrative
costs of applying the agreements or concerted practices.

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Any measure by the Member States or the Commission
2.
imposing a subscription on individuals or groups which are not
members of an interbranch organisation shall be published in
the ‘C’ series of the Official Journal of the European Union. The
measure shall take effect two months from the date of publi­
cation.

indi­
3. Where an interbranch organisation requests that
this
to pay under
viduals or groups not belonging to it
Article or Article 126(1) of Regulation (EC) No 1234/2007
all or part of the subscriptions paid by its members, the organ­
isation shall inform the Member State or the Commission, as
appropriate, about the amount of subscription to be paid. To
this effect the Member State or the Commission may carry out
whatever inspection of the organisation it considers necessary.

Article 10

Repeal

Regulation (EEC) No 86/93 is hereby repealed.

Article 11

Entry into force

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

It shall apply from 1 July 2008.

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

Done at Brussels, 24 July 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission