Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007
Date: 2009-01-19
Institutions: Council of the European Union
Subjects: agricultural product, aid to agriculture, marketing, reform of the CAP

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I

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

REGULATIONS

COUNCIL REGULATION (EC) No 72/2009

of 19 January 2009

on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006,
(EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008
(EEC)
and repealing Regulations (EEC) No 1883/78,

(EEC) No 2247/89,

(EEC) No 1254/89,

No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007

THE COUNCIL OF THE EUROPEAN UNION,

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

20 November 2007. That Communication and the subse-
quent discussions of its main elements by the European
Parliament,
the European Economic and
Social Committee and the Committee of the Regions, as
well as numerous contributions arising from public
consultation should be taken into account.

the Council,

Having regard to the proposal from the Commission,

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

consulting

After
Committee (2),

the

European

Economic

and

Social

After consulting the Committee of the Regions (3),

Whereas:

(1)

impact with respect

The reforms of the Common Agricultural Policy (CAP)
agreed in 2003 and 2004 included provisions for reports
to gauge their effectiveness, and in particular to appraise
to their objectives and to
their
analyse their effects on the relevant markets.
In this
context, the Commission presented a Communication to
the European Parliament and Council entitled ‘Preparing
the CAP reform’ on
for

“Health Check” of

the

(1) Opinion of 19 November 2008 (not yet published in the Official

Journal).

(2) Opinion of 23 October 2008 (not yet published in the Official Journal).

Opinion delivered following non-compulsory consultation.

(3) Opinion of 8 October 2008 (not yet published in the Official Journal).

Opinion delivered following non-compulsory consultation.

(2)

(3)

The provisions of the CAP concerning public interven-
tion should be simplified and aligned by extending
tendering in order to achieve a harmonised approach
insofar as possible. In particular, the respect of maximum
quantities and quantitative limits for cereals, butter and
skimmed milk powder may require rapid action. In order
to provide for this, and since closing buying-in at a fixed
price, adopting allocation coefficients and, for common
wheat, switching to the tendering procedure, do not
involve the exercise of discretion, the Commission should
be permitted to do so without
the
Committee.

the assistance of

In respect of cereals intervention, the system should be
adjusted to ensure competitiveness and market orienta-
tion for the sector, while keeping the role of intervention
as a safety net in the event of market disruptions and
facilitating farmers'
conditions.
Upon adoption by the Council of Regulation (EC)
No 735/2007 (4), which reformed the
intervention
system for maize the Commission undertook to review
the cereals intervention system, on the basis of an
analysis which revealed some degree of risk for additional

to market

response

(4) Council Regulation (EC) No 735/2007 of 11 June 2007 amending
Regulation (EC) No 1784/2003 on the common organisation of the
market in cereals (OJ L 169, 29.6.2007, p. 6).

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barley intervention if prices were low. The present
outlook for cereals has, however, since changed signifi-
cantly, and is characterised by a favourable world market
price environment driven by expanding world demand
and low global cereal stocks. Within this context, inter-
vention levels should be set at zero for other feed grains.
This would allow for intervention without having nega-
tive implications for the cereals market as a whole. The
favourable outlook for the cereals sector also applies to
durum wheat. This means that buying into intervention
has currently lost its relevance since market prices are
significantly above the intervention price. Therefore,
is not
buying into intervention for durum wheat
currently necessary and intervention levels should be set
at zero. Since intervention for cereals should be a safety
net rather than an element which influences price forma-
tion, the differences in harvesting periods across Member
States, which effectively start the marketing years, are no
longer relevant since the system will no longer provide
for prices reflecting intervention levels plus monthly
increments. In the interests of simplification, the dates for
cereals
intervention should therefore be harmonised
across the Community.

Since the 2003 CAP reform, the competitiveness of the
rice sector has increased, with stable production, falling
stocks in view of increasing demand both in the Com-
munity and on the world market, and with the expected
price significantly above the intervention price. Therefore
buying into intervention for rice is not currently neces-
sary and intervention levels should be set at zero.

Pigmeat production and consumption are projected to
increase over the medium term, though at a slower pace
than in the past decade, due to the competition from
poultry meat and higher feed prices. Pigmeat prices are
expected to remain significantly above the intervention
price. Buying into intervention has not been used for
many years for pigmeat and, in the light of the market
situation and its perspectives, the possibility of buying
into intervention should therefore be abolished.

that

intervention would not,

situation and perspectives
Since the current market
suggest
in any case, be
applicable to pigmeat, durum wheat and rice in 2009,
intervention for these
the changes to or abolition of
from the 2009/2010
products should be carried out
marketing year. For other cereals,
to allow
farmers to adapt, the changes should only apply from the
2010/2011 marketing year.

in order

restructuring in the Member States, which were not
members of the Community before 1 May 2004, will
lead to a decline in subsistence milk production, while
production growth remains limited due to the existence
of quotas. At the same time, the quantity of milk deliv-
ered to dairies for processing is expected to continue to
increase over the projected period. In the light of strong
internal and external demand, the milk quota system is
hence restricting production expansion, as opposed to
the situation when quotas were introduced as a response
to overproduction.
In such a market situation, quotas
reduce market orientation because they distort farmers'
response to price signals, and prevent efficiency gains in
the sector by slowing down restructuring. The quotas are
scheduled to end in 2015. Appropriate adjustments
should be made by degrees so to allow for a smooth
transition by avoiding an excessive adjustment after
quotas have ended. The phasing-out of dairy quotas by
annual increases of 1 % should therefore be provided per
marketing year from 2009/2010 to 2013/2014. Other
changes to make the milk quota system more flexible as
regards the fat adjustment, by abolishing the adjustment
in Article 80(2) of Council Regulation (EC)
set out
No 1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on
specific provisions for certain agricultural products (the
Single CMO Regulation) (1), and as regards the quota
inactivity
in
increasing
Article 72(2) of that Regulation which a producer should
use during a twelve-month period and thus making it
easier for unused quota to be reallocated, should also be
made for the same reasons. In the context of the restruc-
turing of the sector, Member States should be permitted
until 31 March 2014 to grant an additional national aid
within certain limits. The quota increases decided by
Council Regulation (EC) No 248/2008 of 17 March
2008 amending Regulation (EC) No 1234/2007 as
regards the national quotas for milk (2) and the 1 %
annual
increase, along with the other changes which
reduce the likelihood of the surplus levy being incurred
mean that only Italy would be at risk of the levy being
incurred on the basis of current production patterns if
annual
applied from the
2009/2010 period until 2013/2014. Therefore, taking
into account
the current production patterns in all
Member States, the increase in quota should be front-
loaded for Italy in order to avoid this risk. In order to
ensure that in all Member States the quota increases lead
to a controlled and smooth transition, the surplus levy
system should be strengthened for the next two years
and be set at an appropriately dissuasive level. An addi-
tional levy should therefore be imposed in cases where
increases in deliveries would significantly exceed the
2008/2009 quota levels.

increases of 1 % were

the percentage

rules,

by

The medium-term outlook for the dairy sector is charac-
terised by a continued increase in Community demand
for high value added products; a substantial expansion in
global demand for dairy commodities, driven by income
and population growth in many regions of the world;
and by changes in consumer preferences towards dairy
products.

(9)

The cheese market is steadily expanding with increased
demand from inside as well as from outside the Com-
munity. In general, therefore, prices for cheese have for
some time remained constant and have not been signifi-
cantly influenced by the reduction of the institutional

(4)

(5)

(6)

(7)

(8)

Constrained by the milk quota ceilings, total Community
milk production is projected to follow a gradual, though
the medium term as continued
modest decline over

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 76, 19.3.2008, p. 6.

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for bulk products

prices
(butter and skimmed-milk
powder). From both an economic and market manage-
ment point of view, permanent and optional aid for the
private storage of a high value, market-driven product
like cheese is no longer justified and should therefore be
abolished.

(10)

In the context of the dairy reform and the current market
situation,
the aid for skimmed-milk powder used as
animal feed and skimmed milk for casein production is
not currently needed. However, should surpluses of milk
products build up or be likely to occur, thus creating or
likely to create a serious imbalance in the market, such
aid could still play a role. The decision should, however,
be taken by the Commission based on sound market
analysis rather than an obligation to open the scheme
every year. The
therefore, become
optional.
the aid should be determined in
If applied,
advance or by tender.

scheme

should,

(11) Disposal aid for butter intended for pastry and ice cream
and for direct consumption has been reduced in line with
the reduction of the intervention price for butter as from
2004 and was consequently at zero before tenders were
suspended due
situation.
Disposal aid schemes are no longer needed to support
the market at intervention price level and should there-
fore be abolished.

favourable market

to the

(12) As was the case with the CAP reform of 2003, with a
view to enhancing the competitiveness of Community
agriculture and promoting more market-oriented and
sustainable agriculture,
it is necessary to continue the
shift from production support to producer support by
abolishing the existing aids in the Single CMO Regulation
for dried fodder, flax, hemp and potato starch and inte-
grating support for these products into the system of
decoupled income support for each farm. As was the
case with the 2003 CAP reform, while decoupling aid
paid to farmers will
leave the actual amounts paid
unchanged, it will significantly increase the effectiveness
of the income support.

(13)

flax and hemp fibre should now be
The aid for
decoupled. However, in order to allow the flax and hemp
industry to adapt,
integration of this support into the
Single Payment Scheme should be carried out during a
transitional period. Aid should therefore be provided for
long flax fibre, short flax fibre and hemp fibre until 1 July
2012. Maintaining the aid for short flax fibre and hemp
fibre, in order to balance the aid in the sector, means that
the aid for long flax fibre should be reduced. However, in
order to respect the legitimate expectations of growers,
this
from the
2010/2011 marketing year.

reduction should only

take place

the entire sector

Scheme. In the context of the overall move towards more
market orientation, the present outlook in the markets
for feed and protein crops and the particular negative
environmental impact that the production of dehydrated
fodder has recently been found to generate, the transition
to full decoupling for
should be
completed by decoupling the remaining aid to the
industry. In order to mitigate the effects of ending the
payment of aid to the industry, the appropriate adjust-
ments in the price paid to the producers of the raw mate-
rials, who will themselves be receiving increased direct
aid entitlements as a result of decoupling, should be
made. The sector has been restructuring since the 2003
reform, a transitional period until 1 April 2012 should
nonetheless be provided for to allow the sector to adjust.

(15)

system set out

The
in Council Regulation (EC)
No 1868/94 of 27 July 1994 establishing a quota system
in relation to the production of potato starch (1) will
no longer be required once the related aid for starch
potato growers laid down in Council Regulation (EC)
No 73/2009 of 19 January 2009 establishing common
rules for direct support schemes under the Common
Agricultural Policy and establishing certain support
schemes for farmers (2)
is abolished. Aid to producers
was partially decoupled in 2003 and this aid should now
be fully decoupled although a transitional period until
1 July 2012 should be provided to allow farmers to
adapt their supply commitments to the potato starch aid
scheme. The related minimum price should, therefore,
also be extended for the same period. Beyond that date,
the quota system related to the direct payment should be
removed in parallel with the full integration of that direct
payment into the single payment scheme. In the mean-
time, the provisions concerned should be integrated, as is
the case with other aids and quota schemes,
into the
Single CMO Regulation.

(16) Developments in domestic and international cereal and
starch markets render the starch production refund no
longer relevant with respect to its initial objectives, and it
should therefore be abolished. The market situation and
perspectives are such that the aid has been set at zero for
some time and this is expected to continue, which means
that abolition may take place rapidly without any nega-
tive effects for the sector.

(17)

can serve a useful

Producer organisations
in
grouping supply in sectors where there is an imbalance
concentration of producers and purchasers.
in the
Member States should therefore be able to recognise
producer organisations on a Community level
in all
sectors.

role

(18)

Council Regulation (EC) No 1782/2003 of 29 September
2003 establishing common rules
support
the common agricultural policy and
schemes under

for direct

(14)

The dried fodder regime was reformed in 2003, when
part of the aid was given to the industry and the rest was
decoupled and integrated into the Single Payment

(1) OJ L 197, 30.7.1994, p. 4.
(2) See page 16 of this Official Journal.

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for

schemes

farmers (1)
establishing certain support
provides for Member States to retain part of the compo-
nent of national ceilings corresponding to the hops area
payments and use them, in particular, to finance certain
activities of
recognised producer organisations. That
Regulation is being repealed and in Regulation (EC)
No 73/2009 the hops area payment is being decoupled
from 1 January 2010, which means that under the provi-
sion the last payment to producer organisations will be
made in 2010. In order to allow the hop producer orga-
nisations to continue their activities as before, a specific
provision should be made for equivalent amounts to be
used in the Member State concerned for the same activ-
ities with effect from 1 January 2011.

(19)

(20)

The Single CMO Regulation provides for amounts with-
held from the aid for olive groves under Article 110i(4)
of Regulation (EC) No 1782/2003 to be used to finance
work programmes of operator organisations. Regulation
(EC) No 1782/2003 is being repealed. In the interests of
clarity and legal certainty, specific provision should be
made to set out the amounts to be used in the Member
States concerned for the work programmes.

In the interests of
legal certainty, and simplicity it is
appropriate to clarify and harmonise the provisions on
the non-application of Articles 87, 88 and 89 of the
Treaty to payments made by Member States in confor-
mity with Regulation (EC) No 1234/2007 or Council
Regulation (EC) No 247/2006 of 30 January 2006 laying
down specific measures for agriculture in the outermost
the Union (2), Council Regulation (EC)
regions of
No 320/2006 of 20 February 2006 establishing a
temporary scheme for the restructuring of
the sugar
industry in the Community (3), Council Regulation (EC)
No 1405/2006 of 18 September 2006 laying down
specific measures for agriculture in favour of the smaller
Aegean islands (4), Council Regulation (EC) No 3/2008 of
17 December 2007 on information provision and
promotion measures for agricultural products on the
internal market and in third countries (5) and Council
Regulation (EC) No 479/2008 of 29 April 2008 on the
common organisation of the market in wine (6). In this
context, the provisions of those Regulations which other-
wise would or might, under certain circumstances, fall
within the notion of State aid within the meaning of
Article 87(1) of the Treaty should be excluded from the
application of State aid rules. The provisions concerned
contain appropriate conditions
the granting of
support to prevent the undue distortion of competition.

for

(22)

and (EC) No 479/2008 should therefore be amended
accordingly.

Council

Regulation

Section (7),

The following acts are obsolete and should therefore, in
the interests of legal certainty, be repealed: Council Regu-
lation (EEC) No 1883/78 of 2 August 1978 laying down
general rules for the financing of interventions by the
European Agricultural Guidance and Guarantee Fund,
Guarantee
(EEC)
No 1254/89 of 3 May 1989 fixing, for the 1989/90
marketing year,
inter alia, certain sugar prices and the
standard quality of beet (8), Council Regulation (EEC)
No 2247/89 of 24 July 1989 on an emergency measure
for the free supply of certain agricultural products to
Poland (9), Council Regulation (EEC) No 2055/93 of
19 July 1993 allocating a special reference quantity to
certain producers of milk and milk products (10) and
Council Regulation (EC) No 1182/2005 of 18 July 2005
adopting autonomous and transitional measures to open
a Community tariff quota for the import of live bovine
animals originating in Switzerland (11). The following acts
will become obsolete with effect from 1 May 2009 and,
for the same reasons, should therefore be repealed with
effect
(EC)
No 2596/97 of 18 December 1997 extending the period
provided for in Article 149(1) of the Act of Accession of
Austria, Finland and Sweden (12) and Council Regulation
(EC) No 315/2007 of 19 March 2007 laying down tran-
sitional measures derogating from Regulation (EC)
No 2597/97 as
regards drinking milk produced in
Estonia (13).

date: Council Regulation

from that

(23)

This Regulation should, as a general rule, apply from the
date of its entry into force. However, in order to ensure
that the provisions of this Regulation do not interfere
the 2008/2009 or
with certain aids payable
2009/2010 marketing years, a later date of application
should be provided for in respect of those provisions
directly affecting the operation of schemes in sectors for
which marketing years are envisaged. This Regulation
should in such cases only apply as from the start of the
later marketing years,

for

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 247/2006

Article 16 of Regulation (EC) No 247/2006 is amended as
follows:

(21)

Regulations (EC) No 247/2006, (EC) No 320/2006, (EC)
No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008

1) The second subparagraph of paragraph 3 shall be deleted.

(1) OJ L 270, 21.10.2003, p. 1.
(2) OJ L 42, 14.2.2006, p. 1.
(3) OJ L 58, 28.2.2006, p. 42.
(4) OJ L 265, 26.9.2006, p. 1.
(5) OJ L 3, 5.1.2008, p. 1.
(6) OJ L 148, 6.6.2008, p. 1.

(7) OJ L 216, 5.8.1978, p. 1.
(8) OJ L 126, 9.5.1989, p. 1.
(9) OJ L 216, 27.7.1989, p. 5.
(10) OJ L 187, 29.7.1993, p. 8.
(11) OJ L 190, 22.7.2005, p. 1.
(12) OJ L 351, 23.12.1997, p. 12.
(13) OJ L 84, 24.3.2007, p. 1.

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2) The following paragraph shall be added:

9 and 11 of this Regulation by Member States in conformity
with this Regulation.

‘4. Without prejudice to paragraphs 1 and 2 of
this
Article and by way of derogation from Article 180 of Regu-
lation (EC) No 1234/2007 (*) and Article 3 of Regulation
(EC) No 1184/2006 (**), Articles 87, 88 and 89 of
the
Treaty shall not apply to payments made under Title III,
paragraph 3 of this Article and Articles 17 and 21 of this
Regulation by Member States
in conformity with this
Regulation.

(*) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agricultural
products
(OJ L 299,
16.11.2007, p. 1).

(the Single CMO Regulation)

(**) Council Regulation (EC) No 1184/2006 of 24 July
2006 applying certain rules of competition to the
production of, and trade in, agricultural products
(OJ L 214, 4.8.2006, p. 7)’.

(*) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agricultural
products
(OJ L 299,
16.11.2007, p. 1).

(the Single CMO Regulation)

(**) Council Regulation (EC) No 1184/2006 of 24 July
2006 applying certain rules of competition to the
production of, and trade in, agricultural products
(OJ L 214, 4.8.2006, p. 7)’.

Article 2

Amendments to Regulation (EC) No 320/2006

Regulation (EC) No 320/2006 is amended as follows:

1) Article 6(6) shall be replaced by the following:

‘6. Member States shall not grant national aid in respect
of diversification measures provided for
in this Article.
However, if the ceilings referred to in the third subparagraph
of paragraph 4 permit the granting of an aid for diversifica-
tion of 100 %, the Member State concerned shall contribute
at least 20 % of the eligible expenditure.’.

2) The following Article shall be inserted:

‘Article 13a

State aids

Without prejudice to Article 6(5) of this Regulation and by
way of derogation from Article 180 of Regulation (EC)
No 1234/2007 (*)
and Article 3 of Regulation (EC)
No 1184/2006 (**), Articles 87, 88 and 89 of the Treaty
shall not apply to payments made under Articles 3, 6, 7, 8,

Article 3

Amendment to Regulation (EC) No 1405/2006

The following paragraph shall be added to Article 11 of Regu-
lation (EC) No 1405/2006:

‘3. Without prejudice to paragraphs 1 and 2 of
this
Article and by way of derogation from Article 180 of Regu-
lation (EC) No 1234/2007 (*) and Article 3 of Regulation
(EC) No 1184/2006 (**), Articles 87, 88 and 89 of the
Treaty shall not apply to payments made under Articles 4
and 7 of this Regulation by Member States in conformity
with this Regulation.

(*) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agri-
cultural products (the Single CMO Regulation) (OJ L 299,
16.11.2007, p. 1).

(**) Council Regulation (EC) No 1184/2006 of 24 July
2006 applying certain rules of competition to the
production of, and trade in, agricultural products
(OJ L 214, 4.8.2006, p. 7)’.

Article 4

Amendments to Regulation (EC) No 1234/2007

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

1) Point (a) of Article 8(1) shall be replaced by the following:

‘(a) as regards the cereals sector, EUR 101,31 per tonne’;

2) Paragraph 2 of Article 10 shall be deleted;

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3) Subsection II of Section II of Chapter I of Title I of Part II

(b) for sugar, 600 000 tonnes, expressed in white sugar,

shall be replaced by the following:

for each marketing year;

‘S u b s e c t i o n I I

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

Article 11

Public intervention periods

Public intervention shall be available:

(a) for cereals, from 1 November to 31 May;

(b) for paddy rice, from 1 April to 31 July;

(c) for sugar, throughout the marketing years 2008/2009

and 2009/2010;

(d) for beef and veal, throughout any marketing year;

(e) for butter and skimmed milk powder, from 1 March to

31 August.

Article 12

Opening of public intervention

(c) for butter, 30 000 tonnes for each period referred to in

Article 11(e);

(d) for skimmed milk powder 109 000 tonnes for each

period referred to Article 11(e).

2.
Sugar stored in accordance with point (b) of para-
graph 1 of this Article during a marketing year shall not be
subject to any of the other storage measures provided for
in Articles 32, 52 and 63.

By way of derogation from paragraph 1,

3.
for the
products referred to in points (a), (c) and (d) of that para-
graph,
the Commission may decide to continue public
intervention beyond the amounts referred to in that para-
graph if the market situation and, in particular, the develop-
ment of market prices, so requires.’.

4) Subsection III of Section II of Chapter I of Title I of Part II

shall be replaced by the following:

‘S u b s e c t i o n I I I

I n t e r ve n t i o n p r i c e s

During the periods referred to in Article 11, public

1.
intervention:

Article 18

(a) shall be open for common wheat;

Intervention prices

(b) shall be open for durum wheat, barley, maize, sorghum,
paddy rice, sugar, butter and skimmed milk powder up
to the intervention limits referred to in Article 13(1);

if

(c) shall be opened for beef and veal by the Commission,
without the assistance of the Committee referred to in
Article 195(1),
the average market price for beef
and veal over a representative period in a Member State
or in a region of a Member State recorded on the basis
the classification of
of
carcasses provided for
is below
EUR 1 560/tonne.

the Community scale for

in Article 42(1)

Public intervention for beef and veal, referred to in
2.
point (c) of paragraph 1, shall be closed by the Commis-
sion, without the assistance of the Committee referred to in
Article 195(1), where, over a representative period,
the
conditions provided for in that point are no longer fulfilled.

Article 13

Intervention limits

Buying into public intervention shall be carried out

1.
within the following limits:

(a) for durum wheat, barley, maize, sorghum and paddy
rice, 0 tonnes for the periods referred to in Article 11(a)
and (b) respectively;

1.

The intervention price:

(a) for common wheat shall be equal to the reference price
for a maximum quantity offered of 3 million tonnes
per intervention period as fixed in Article 11(a);

(b) for butter shall be equal to 90 % of the reference price
for amounts offered within the limit in Article 13(1)(c);

(c) for skimmed milk powder shall be equal to the refer-
ence price for amounts offered within the limit
in
Article 13(1)(d).

2.
The intervention prices and the quantities for inter-
vention for the following products shall be determined by
the Commission by means of tendering procedures:

(a) common wheat for amounts in excess of the maximum
quantity offered of 3 million tonnes per intervention
period as fixed in Article 11(a);

(b) durum wheat, barley, maize, sorghum and paddy rice,

in application of Article 13(3);

(c) beef and veal;

(d) butter for amounts offered in excess of the limit in
Article 13(1)(c), in application of Article 13(3), and

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(e) skimmed milk powder for amounts offered in excess of
in application of

in Article 13(1)(d),

the
limit
Article 13(3).

In special circumstances,
tendering procedures may be
restricted to, or the intervention prices and the quantities
for intervention may be fixed per, Member State or region
of a Member State on the basis of recorded average market
prices.

3.
The maximum buying-in price determined in accord-
ance with tendering procedures under paragraph 2 shall
not be higher:

(a) for cereals and paddy rice, than the respective reference

prices;

(b) for beef and veal,

than the average market price
recorded in a Member State or a region of a Member
State increased by an amount to be determined by the
Commission on the basis of objective criteria;

(c) for butter, than 90 % of the reference price;

(d) for skimmed milk powder, than the reference price.

The intervention prices referred to in paragraphs 1, 2

4.
and 3 shall be:

(a) for cereals, without prejudice to price increases or

reductions for quality reasons, and

(b) for paddy rice, increased or decreased accordingly if the
quality of the products offered to the paying agency
differs from the standard quality, defined in point A of
increases and reductions of the
Annex IV. Moreover,
intervention price may be fixed by the Commission in
order to ensure that production is orientated towards
certain varieties.

The intervention price for sugar shall be 80 % of the
5.
reference price fixed for the marketing year following the
marketing year during which the offer is lodged. However,
if the quality of the sugar offered to the paying agency
differs
from the standard quality defined in point B
of Annex IV for which the reference price is fixed, the inter-
vention price shall be increased or reduced accordingly.’.

in particular with respect

referred to in Article 10 or for which aid for
private storage is granted as referred to in Arti-
cles 28 and 31,
to
quality, quality groups, quality grades, categories,
quantities, packaging including labelling, maximum
ages, preservation,
the products to
the stage of
which the intervention price relates, and the dura-
tion of private storage;’;

(b) the following point shall be added after point (a):

‘(aa) the respect of the maximum quantities and quanti-
tative limits set out in Article 13(1) and point (a)
of Article 18(1); in this context, the implementing
rules may authorise the Commission to close
buying-in at a fixed price, adopt allocation coeffi-
cients and,
for common wheat, switch to the
tendering procedure referred to in Article 18(2),
without the assistance of the Committee referred
to in Article 195(1);’.

10) Article 46(3) shall be deleted.

11) Article 55 shall be replaced by the following:

‘Article 55

Quota systems

1.

A quota system shall apply to the following products:

(a) milk and other milk products within the meaning of

points (a) and (b) of Article 65;

(b) sugar, isoglucose and inulin syrup;

(c) potato starch which may benefit from Community aid.

As regards the quota systems referred to in points (a)
2.
and (b) of paragraph 1 of this Article, if a producer exceeds
the relevant quota and, with regard to sugar, does not make
use of the surplus quantities as provided for in Article 61, a
surplus levy shall be payable on such quantities, subject to
the conditions set out in Sections II and III.’.

5) Point (b) of Article 28 shall be deleted.

6) Article 30 shall be deleted.

7) Article 31 shall be amended as follows:

(a) point (e) of paragraph 1 shall be deleted;

(b) in paragraph 2,

the second subparagraph shall be

deleted.

8) Article 36 shall be deleted.

9) Article 43 shall be amended as follows:

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

‘(a) the requirements and conditions to be met by
products to be bought into public intervention as

12) In Article 72(2), ‘70 %’ shall be replaced by ‘85 %’.

13) The following subparagraph shall be added to Article 78(1):

‘However, for the twelve-month periods starting on 1 April
2009 and 1 April 2010, the surplus levy for milk delivered
in excess of 106 % of the national quota for deliveries
applicable for the twelve-month period starting on 1 April
2008 shall be set at 150 % of the levy referred to in the
second subparagraph.’.

14) Article 80 shall be amended as follows:

(a) the following subparagraph shall be added to para-

graph 1:

‘At national level, the surplus levy shall be calculated on
the basis of
the deliveries, adjusted in
the sum of
accordance with the first subparagraph.’;

L 30/8

EN

Official Journal of the European Union

31.1.2009

(b) paragraph 2 shall be deleted;

cultural Policy and establishing certain support schemes for
farmers (1).

(c) the following subparagraph shall be added to para-

graph 3:

(1) See page 16 of this Official Journal.’.

‘Where the third subparagraph of Article 78(1) applies,
Member States, in establishing each producer's contri-
bution to the amount of levy payable due to the appli-
cation of
rate referred to in that sub-
paragraph, shall ensure that this amount is contributed
proportionately by the producers responsible according
to objective criteria to be set by the Member State.’.

the higher

16) In Article 85, the following point shall be added:

‘(d) in respect of Section IIIa, mergers, changes of owner-
ship and the commencement or cessation of trading of
potato starch manufacturers.’.

17) Subsection I of Section I of Chapter IV of Title I of Part II

15) The following Section shall be inserted in Chapter III of

shall be deleted.

Title I of Part II:

‘S e c t i o n I I I a

P o t a t o s t a r c h q u o t a s

Article 84a

Potato starch quotas

18) In Article 91(1),

the first

two subparagraphs shall be

replaced by the following subparagraph:

‘Aid for processing the straw of long flax grown for fibre
and the straw of short flax and hemp grown for fibre shall
be granted for the 2009/2010 to 2011/2012 marketing
years to authorised primary processors on the basis of the
quantity of fibre actually obtained from straw for which a
contract of sale has been concluded with a farmer.’.

1.
The potato starch producing Member States shall be
allocated quotas for the marketing year during which the
quota scheme applies in accordance with Article 204(5)
and Annex Xa.

19) The first subparagraph of Article 92(1) shall be amended as

follows:

(a) the second indent of point (a) shall be replaced by the

following two indents:

2.
Each producer Member State referred to in Annex Xa
shall allocate its quota among potato starch manufacturers
for use in the marketing years concerned on the basis of
the
in
to
2007/2008.

each manufacturer

subquotas

allocated

An undertaking producing potato starch shall not
3.
conclude cultivation contracts with potato producers for a
quantity of potatoes which would produce a quantity of
starch in excess of its quota as referred to in paragraph 2.

4.
Any potato starch produced in excess of the quota as
referred to in paragraph 2 shall be exported, as such, from
the Community before 1 January following the end of the
marketing year in question. No export refund shall be paid
in respect of it.

5.
Notwithstanding paragraph 4, an undertaking produ-
cing potato starch may, in any marketing year, in addition
to its quota for that year, utilise no more than 5 % of its
quota relating to the following marketing year. In such case,
the quota for the following marketing year shall be reduced
accordingly.

‘— at EUR 200 per
marketing year; and

tonne

for

the 2009/2010

— at EUR 160 per tonne for the 2010/2011 and

2011/2012 marketing years.’.

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

‘(b) at EUR 90 per

tonne

the 2009/2010,
2010/2011 and 2011/2012 marketing years for
short flax and hemp fibre containing not more
than 7,5 % impurities and shives;’.

for

20) Article 94(1) shall be replaced by the following:

‘1.
A maximum guaranteed quantity of 80 878 tonnes
for each of the 2009/2010 to 2011/2012 marketing years
shall be established for long flax fibre in respect of which
aid may be granted. That quantity shall be apportioned
among certain Member States as national guaranteed quan-
tities in accordance with point A.I. of Annex XI.’.

21) Article 94(1a) shall be replaced by the following:

6.
The provisions of this Section shall not apply to the
production of potato starch by undertakings which are not
subject to paragraph 2 of this Article and which purchase
from the
potatoes for which producers do not benefit
payment provided for in Article 77 of Regulation (EC)
No 73/2009 of 19 January 2009 establishing common
rules for direct support schemes under the Common Agri-

‘1a.
A maximum guaranteed quantity of 147 265 tonnes
for each of the 2009/2010 to 2011/2012 marketing years
shall be established for short flax fibre and hemp fibre in
respect of which aid may be granted. That quantity shall be
apportioned as national guaranteed quantities among
certain Member States in accordance with point A.II. of
Annex XI.’.

31.1.2009

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Official Journal of the European Union

L 30/9

22) The following subsection shall be inserted into Section I of

Chapter IV of Title I of Part II:

ment of the market situation as regards skimmed milk and
skimmed-milk powder.

‘S u b s e c t i o n I I I

P o t a t o s t a r c h

Article 95a

Potato starch premium

A premium of EUR 22,25 per

1.
tonne of starch
produced shall be paid for the 2009/2010, 2010/2011 and
2011/2012 marketing years to potato starch manufacturers
for the quantity of potato starch up to the quota limit
referred to in Article 84a(2), provided that they have paid
to potato producers a minimum price for all the potatoes
necessary to produce starch up to that quota limit.

2.
The minimum price of potatoes intended for the
manufacture of potato starch shall be set at EUR 178,31
per tonne for the marketing years concerned.

Article 100

Aid for skimmed milk processed into casein and
caseinates

1. When surpluses of milk products build up or are
likely to occur, creating or likely to create a serious imbal-
ance in the market, the Commission may decide that aid
shall be granted for Community-produced skimmed milk
processed into casein and caseinates, according to condi-
tions and product standards of such milk and the casein or
caseinates produced from it
to be determined by the
Commission. The aid may be fixed in advance or by means
of tendering procedures.

Aid shall be fixed by the Commission taking into
situation for
for

2.
account
skimmed-milk powder
skimmed-milk powder, fixed in point (e)(ii) of Article 8(1).

the development of

reference price

the market

and the

This price applies to the quantity of potatoes, delivered to
the factory, which is needed to make one tonne of starch.

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

The minimum price shall be adjusted according to the
starch content of the potatoes.

25) Article 101 shall be deleted.

The Commission shall adopt the detailed rules for the

3.
implementation of this Subsection.’.

23) Article 96 shall be deleted.

24) Articles 99 and 100 shall be replaced by the following:

26) Article 102(2) shall be replaced by the following:

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

‘Article 99

27) The following section shall be inserted:

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

‘S e c t i o n I I I a

1. When surpluses of milk products build up or are
likely to occur, creating or likely to create a serious imbal-
ance in the market, the Commission may decide that aid
shall be granted for Community-produced skimmed milk
and skimmed-milk powder intended for use as feeding-
stuffs, according to conditions and product standards to be
determined by the Commission. The aid may be fixed in
advance or by means of tendering procedures.

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

A i d s i n t h e h o p s s e c t o r

Article 102a

Aids to producer organisations

The Community shall finance a payment to producer
recognised under

1.
organisations
Article 122 to finance the aims referred to in that Article.

in the hops

sector

2.
The Community financing per year for the payment
to producer organisations shall be EUR 2 277 000 for
Germany.

2.
Aid amounts shall be fixed by the Commission taking
into account the reference price fixed in point (e)(ii) of
Article 8(1) for skimmed-milk powder, and the develop-

The Commission shall adopt the detailed rules for the

3.
implementation of this Section.’.

L 30/10

EN

Official Journal of the European Union

31.1.2009

28) Article 103 shall be amended as follows:

except for the sectors referred to in point (a) of the first
paragraph of Article 122 and in Article 123(1).’.

(a) the introductory part of paragraph 1 shall be replaced

by the following:

34) Article 180 shall be replaced by the following:

The Community shall

‘1.
finance three-year work
programmes to be drawn up by the operator organisa-
tions referred to in Article 125 in one or more of the
following areas:’;

‘Article 180

(b) the following paragraph shall be inserted:

The Community financing per year of the work

‘1a.
programmes shall be:

(a) EUR 11 098 000 for Greece,

(b) EUR 576 000 for France, and

(c) EUR 35 991 000 for Italy.’.

29) Article 103e(2) shall be deleted.

30) Article 105(2) shall be replaced by the following:

Application of Articles 87, 88 and 89 of the Treaty

Articles 87, 88 and 89 of the Treaty shall apply to the
production of, and trade in, the products referred to in
points (a) to (k) and points (m) to (u) of Article 1(1) and in
Article 1(3) of this Regulation.

However, Articles 87, 88 and 89 of the Treaty shall not
apply to payments made under Articles 44, 45, 46, 47, 48,
102, 102a, 103, 103a, 103b, 103e, 103ga, 104, 105
and 182 of this Regulation by Member States in conformity
with this Regulation.’.

35) The following paragraph shall be added to Article 182:

‘2. Member States may pay specific national aids for the
protection of apiaries disadvantaged by structural or natural
conditions or under economic development programmes,
except for those allocated for production or trade. These
aids shall be notified to the Commission by Member States
together with the
apiculture
programme in accordance with Article 109.’.

communication of

the

‘7. Member States may grant until 31 March 2014 state
aid of a total annual amount of up to 55 % of the ceiling
set out
in Article 69(4) and (5) of Regulation (EC)
No 73/2009 to farmers in the dairy sector in addition to
accordance with
Community
granted
Article 68(1)(b) of that Regulation. However,
in no case
shall the total amount of Community support under the
measures referred to in Article 68(4) of that Regulation and
state aid exceed the ceiling referred to in the Article 68(4).’.

support

in

31) Article 119 shall be replaced by the following:

‘Article 119

Use of casein and caseinate in the manufacture of
cheese

Where aid is paid under Article 100, the Commission may
make the use of casein and caseinates in the manufacture
of cheese subject to prior authorisation which shall be
granted only if such use is a necessary condition for the
manufacture of the products.’.

36) The following point shall be added to Article 184:

‘6) before 31 December 2010 and 31 December 2012 to
the European Parliament and Council regarding the
evolution of the market situation and the consequent
conditions for smoothly phasing out the milk quota
accompanied if necessary by appropriate
system,
proposals. Furthermore, a report will study the conse-
quences for producers of cheeses with a protected desig-
nation of origin in accordance with Regulation (EC)
No 510/2006.’.

32) The following paragraph shall be added to Article 122:

37) The following paragraph shall be added to Article 204:

‘Member States may also recognise producer organisations
constituted by producers in any sector
referred to in
Article 1, other than those sectors referred to in point (a)
of
in
points (b) and (c) of that paragraph.’.

the first paragraph, on the conditions

set out

33) Article 124(1) shall be replaced by the following:

‘1.
Article 122 and Article 123(1) shall apply without
prejudice to the recognition, decided by Member States on
the basis of national
law and in compliance with Com-
munity law, of producer organisations or interbranch orga-
nisations respectively, in any sector referred to in Article 1

‘5.
As regards potato starch, Section IIIa of Chapter III of
Title I of Part II shall apply until the end of the 2011/2012
marketing year for potato starch.’.

38) Point 1 of Annex IX shall be replaced by the text in Annex I

to this Regulation.

39) The text of Annex II to this Regulation shall be inserted as

Annex Xa.

40) The text of Annex III to this Regulation shall be inserted in

Annex XXII as point 20a.

31.1.2009

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Official Journal of the European Union

L 30/11

Article 5

Amendment to Regulation (EC) No 3/2008

Article 13(6) of Regulation (EC) No 3/2008 shall be replaced by
the following:

‘6.
By way of derogation from Article 180 of Regulation
(EC) No 1234/2007 (*) and Article 3 of Regulation (EC)
No 1184/2006 (**), Articles 87, 88 and 89 of the Treaty
shall not apply to payments made by Member States,
including their financial participations, nor to the financial
participations from parafiscal charges or mandatory contri-
butions of Member States or proposing organisations for
programmes
under
Article 36 of the Treaty, that the Commission has selected
in accordance with Article 8(1) of this Regulation.

for Community

support

eligible

Article 7

Repeals

Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC)
1.
No 2247/89, (EEC) No 2055/93 and (EC) No 1182/2005 shall
be repealed.

Regulations (EC) No 2596/97 and (EC) No 315/2007

2.
shall be repealed with effect from 1 May 2009.

Regulation (EC) No 1868/94 shall be repealed with effect

3.
from 1 July 2009.

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

correlation table

respective

(*) Council Regulation (EC) No 1234/2007 of 22 October
2007 establishing a common organisation of agricultural
markets and on specific provisions for certain agri-
cultural products (the Single CMO Regulation) (OJ L 299,
16.11.2007, p. 1).

(**) Council Regulation (EC) No 1184/2006 of 24 July
2006 applying certain rules of competition to the
production of, and trade in, agricultural products
(OJ L 214, 4.8.2006, p. 7)’.

Article 6

Amendment to Regulation (EC) No 479/2008

Article 127(2) of Regulation (EC) No 479/2008 shall be
replaced by the following:

‘2. Without prejudice to the maximum aid rates referred
to in the second subparagraph of Article 8(4) of this Regu-
lation, Articles 87, 88 and 89 of the Treaty shall not apply
to payments made under Title II, Chapter III of Title V, and
Article 119 of this Regulation by Member States in confor-
mity with this Regulation.’.

Article 8

Entry into force

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

Journal of

However:

(a) Points 5 to 8, 12 to 14 and 38 of Article 4 shall apply from

1 April 2009;

(b) Points 11, 15, 16, 18 to 25, 31, 37 and 39 of Article 4

shall apply from 1 July 2009;

(c) Points 1, 3, 4, and 9(b) of Article 4 shall apply from:

(i) 1 July 2009, as regards durum wheat,

(ii) 1 September 2009, as regards the rice sector,

(iii) 1 October 2009, as regards the sugar sector,

(iv) 1 July 2010, as regards common wheat, barley, maize

and sorghum,

(d) Point 27 of Article 4 shall apply from 1 January 2011;

(e) Point 17 of Article 4 shall apply from 1 April 2012.

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

Done at Brussels, 19 January 2009.

For the Council

The President

P. GANDALOVIČ

‘1. National quotas: quantities (tonnes) per twelve-month period per Member State:

ANNEX I

Member State

2008/09

2009/10

2010/11

2011/12

2012/13

2013/14

2014/15

Belgium

Bulgaria

3 427 288,740

3 461 561,627

3 496 177,244

3 531 139,016

3 566 450,406

3 602 114,910

3 602 114,910

998 580,000

1 008 565,800

1 018 651,458

1 028 837,973

1 039 126,352

1 049 517,616

1 049 517,616

Czech Republic

2 792 689,620

2 820 616,516

2 848 822,681

2 877 310,908

2 906 084,017

2 935 144,857

2 935 144,857

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Luxembourg

Hungary

Malta

4 612 619,520

4 658 745,715

4 705 333,172

4 752 386,504

4 799 910,369

4 847 909,473

4 847 909,473

28 847 420,391

29 135 894,595

29 427 253,541

29 721 526,076

30 018 741,337

30 318 928,750

30 318 928,750

659 295,360

665 888,314

672 547,197

679 272,669

686 065,395

692 926,049

692 926,049

5 503 679,280

5 558 716,073

5 614 303,234

5 670 446,266

5 727 150,729

5 784 422,236

5 784 422,236

836 923,260

845 292,493

853 745,418

862 282,872

870 905,700

879 614,757

879 614,757

6 239 289,000

6 301 681,890

6 364 698,709

6 428 345,696

6 492 629,153

6 557 555,445

6 557 555,445

25 091 321,700

25 342 234,917

25 595 657,266

25 851 613,839

26 110 129,977

26 371 231,277

26 371 231,277

10 740 661,200

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

148 104,000

149 585,040

151 080,890

152 591,699

154 117,616

155 658,792

155 658,792

743 220,960

750 653,170

758 159,701

765 741,298

773 398,711

781 132,698

781 132,698

1 738 935,780

1 756 325,138

1 773 888,389

1 791 627,273

1 809 543,546

1 827 638,981

1 827 638,981

278 545,680

281 331,137

284 144,448

286 985,893

289 855,752

292 754,310

292 754,310

2 029 861,200

2 050 159,812

2 070 661,410

2 091 368,024

2 112 281,704

2 133 404,521

2 133 404,521

49 671,960

50 168,680

50 670,366

51 177,070

51 688,841

52 205,729

52 205,729

Netherlands

11 465 630,280

11 580 286,583

11 696 089,449

11 813 050,343

11 931 180,847

12 050 492,655

12 050 492,655

Austria

Poland

Portugal

Romania

2 847 478,469

2 875 953,254

2 904 712,786

2 933 759,914

2 963 097,513

2 992 728,488

2 992 728,488

9 567 745,860

9 663 423,319

9 760 057,552

9 857 658,127

9 956 234,709

10 055 797,056

10 055 797,056

1 987 521,000

2 007 396,210

2 027 470,172

2 047 744,874

2 068 222,323

2 088 904,546

2 088 904,546

3 118 140,000

3 149 321,400

3 180 814,614

3 212 622,760

3 244 748,988

3 277 196,478

3 277 196,478

L

3
0
/
1
2

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

.

.

3
1
1
2
0
0
9

Member State

2008/09

2009/10

2010/11

2011/12

2012/13

2013/14

2014/15

Slovenia

Slovakia

Finland

Sweden

588 170,760

594 052,468

599 992,992

605 992,922

612 052,851

618 173,380

618 173,380

1 061 603,760

1 072 219,798

1 082 941,996

1 093 771,416

1 104 709,130

1 115 756,221

1 115 756,221

2 491 930,710

2 516 850,017

2 542 018,517

2 567 438,702

2 593 113,089

2 619 044,220

2 619 044,220

3 419 595,900

3 453 791,859

3 488 329,778

3 523 213,075

3 558 445,206

3 594 029,658

3 594 029,658

United Kingdom

15 125 168,940

15 276 420,629

15 429 184,836

15 583 476,684

15 739 311,451

15 896 704,566

15 896 704,566’

.

.

3
1
1
2
0
0
9

E
N

O

f
f
i
c
i
a
l

J
o
u
r
n
a
l

o
f

t
h
e

E
u
r
o
p
e
a
n
U
n
o
n

i

L

3
0
/
1
3

L 30/14

EN

Official Journal of the European Union

31.1.2009

ANNEX II

‘ANNEX Xa

Potato starch quotas per marketing year as referred to in Article 84a

Member State

Czech Republic

Denmark

Germany

Estonia

Spain

France

Latvia

Lithuania

Netherlands

Austria

Poland

Slovakia

Finland

Sweden

TOTAL

(tonnes)

33 660

168 215

656 298

250

1 943

265 354

5 778

1 211

507 403

47 691

144 985

729

53 178

62 066

1 948 761’

31.1.2009

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Official Journal of the European Union

L 30/15

ANNEX III

‘20a. Regulation (EEC) No 1868/94

Regulation (EEC) No 1868/94

This Regulation

Article 1

Article 55(1)(c)

Article 2(1) and (2), first subparagraph

Article 84a(1) and (2)

Article 4

Article 4a

Article 5

Article 6

Article 7

Article 8

Article 84a(3)

Article 95a(2)

Article 95a(1)

Article 84a(4) and (5)

Article 84a(6)

Articles 85(d) and 95a(3)’