Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on repealing certain obsolete Council acts in the field of the common agricultural policy
Date: 2010-12-20
Institutions: European Commission
Subjects: Community acquis, Council of the European Union, EU law, application of EU law, common agricultural policy, drafting of EU law

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EUROPEAN COMMISSION 

Brussels, 20.12.2010 
COM(2010) 764 final 

2010/0368 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on repealing certain obsolete Council acts in the field of the common agricultural policy 

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EXPLANATORY MEMORANDUM 

A number of acts which were adopted over the last decades have exhausted all their effects, 
but  remain  technically  in  force.  They  have  become  obsolete  because  of  their  temporary 
character  or  because  their  content  has  been  taken  up  by  successive  acts.  Several  measures 
linked  to  the  accession  of  new  Member  States  provided  for  transitory  measures  following 
directly  the  time  of  their  accession  and  by  now  have  become  obsolete.  The  European 
Parliament, the Council and the Commission agreed in their inter-institutional agreement on 
better  law  making  that  Community  law  should  be  updated  and  condensed  by  repealing  acts 
which  are  no  longer  applied.  Acts  which  have  no  continued  relevance  should  be  removed 
from  the  'acquis  communautaire',  in  order  to  improve  transparency  and  certainty  of  Union 
law.  

The  Commission  has  carried  out  several  exercises  to  remove  obsolete  legislation  from  the 
acquis,  partly  trough  the  traditional  repeal  procedure,  partly  by  declaring  the  relevant 
Commission acts obsolete. The Commission also identified a number of Council acts related 
to  the  Common  Agricultural  Policy,  which  are  based  upon  Article  42  and  43  of  the  Treaty 
(former  Articles  36  and  37)  and  two  Acts  of  Accession,  which  have  exhausted  all  practical 
effects,  but  are  formally  still  in  force.  It  is  not  within  the  Commission's  powers  to  declare 
obsolete  acts  which  were  adopted  by  the  Council.  In  the  interest  of  legal  certainty,  the 
Commission suggests that the acts listed in this proposal shall be repealed by the Council and 
Parliament.
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European 

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2010/0368 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on repealing certain obsolete Council acts in the field of the common agricultural policy 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, first subparagraph of Article 42 
and Article 43(2) thereof, 

Having regard to the 1979 Act of Accession, and in particular Article 60, Article 61 point 5 and Article 
72(1) thereof,  

Having regard to the Act of Accession of Spain and Portugal, and in particular Article 234(3) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee1, 

Having regard to the opinion of the Committee of the Regions2, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Improving  the  transparency  of  Union  law  is  an  essential  element  of  the  better  lawmaking 
strategy  that  Union  institutions  are  implementing.  In  that  context  it  is  appropriate  to  remove 
from active legislation those acts which no longer have real effect. 

The following Regulations relating to the Common Agricultural Policy have become obsolete, 
even though formally they are still in force: 

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Regulation  (EEC)  No  2052/69  of  the  Council  of  17  October  1969  on  the  Community 
financing of expenditure arising from the implementation of the Food Aid Convention3. 
That  Regulation  has  exhausted  its  effects  since  its  content  has  been  taken  up  by 
successive acts.  

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OJ C , , p. . 
OJ C , , p. . 
OJ L 263, 21.10.1969, p. 6. 

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Regulation  (EEC)  No  1467/70  of  the  Council  of  20  July  1970  fixing  certain  general 
rules  governing  intervention  on  the  market  in  raw  tobacco4.  That  Regulation  has 
exhausted its effects since its content has been taken up by successive acts.  

Regulation  (EEC)  No  3279/75  of  the  Council  of  16  December  1975  on  the 
standardization  of  the  treatment  applied  by  the  individual  Member  States  to  imports 
from non-member countries of live trees and other plants, bulbs, roots and the like, cut 
flowers  and  ornamental  foliage5.  That  Regulation  has  exhausted  its  effects  since  its 
content has been taken up by successive acts.  

Council  Regulation  (EEC)  No  1078/77  of  17  May  1977  introducing  a  system  of 
premiums  for  the  non-marketing  of  milk  and  milk  products  and  for  the  conversion  of 
dairy herds6. That Regulation introduced measures applicable until 31 March 1978 and 
has therefore exhausted its effects. 

Council  Regulation  (EEC)  No  1853/78  of  25  July  1978  adopting  general  rules  in 
connection  with  special  measures  for  castor  seeds7.  That  Regulation  introduced 
measures for the application of Council Regulation (EEC) No 2874/77 of 19 December 
1977 laying down special measures in respect of castor seeds8 whose validity ended on 
30 September 1984, and has therefore exhausted its effects. 

Council  Regulation  (EEC)  No  2580/78  of  31  October  1978  extending  the  1977/78 
marketing  year  for  olive  oil,  providing  for  special  measures  for  this  sector,  and 
amending  Regulation  (EEC)  No  878/77  as  regards  the  exchange  rates  to  be  applied  in 
agriculture9.  That  Regulation  only  covered  the  1977/78  and  1978/79  marketing  years 
and has therefore exhausted its effects.  

Council Regulation (EEC) No 1/81 of 1 January 1981 laying down general rules for the 
system of accession compensatory amounts for cereals10. That Regulation was intended 
for  application  in  the  transitional  period  following  the  accession  of  Greece  to  the 
European Communities and has therefore exhausted its effects.  

Council Regulation (EEC) No 1946/81 of 30 June 1981 restricting investment aids for 
milk  production11.  That  Regulation  has  exhausted  its effects  since  its  content  has  been 
taken up by successive acts.  

Council Regulation (EEC) No 2989/82 of 9 November 1982 on the granting of aid for 
the  consumption  of  butter  in  Denmark,  Greece,  Italy  and  Luxembourg12.  That 
Regulation introduced only temporary measures and has therefore exhausted its effects.  

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OJ L 164, 27.7.1970, p. 32. 
OJ L 326, 18.12.1975, p. 1. 
OJ L 131, 26.5.1977, p. 1. 
OJ L 212, 2.8.1978, p. 1. 
OJ L 332, 24.12.1977, p. 1. 
OJ L 309, 1.11.1978, p. 13. 
OJ L 1, 1.1.1981, p. 1. 
OJ L 197, 20.7.1981, p. 32. 
OJ L 314, 10.11.1982, p. 25. 

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Council  Regulation  (EEC)  No  3033/83  of  26  October  1983  abolishing  the  'accession' 
compensatory  amount  applicable  to  liqueur  wines13.  That  Regulation  was  intended  for 
application in the transitional period following the accession of Greece to the European 
Communities and has therefore exhausted its effects.  

Council  Regulation  (EEC)  No  564/84  of  1  March  1984  on  suspension  of  aids  for 
investments  in  the  field  of  milk  production14.  That  Regulation  only  covered  the  year 
1984 and has therefore exhausted its effects. 

Council Regulation (EEC) No 2997/87 of 22 September 1987 laying down, in respect of 
hops,  the  amount  of  aid  to  producers  for  the  1986  harvest  and  providing  for  special 
measures  for  certain  regions  of  production15.  That  Regulation  introduced  a  special 
measure applicable until the year 1990 and has therefore exhausted its effects. 

Council Regulation (EEC) No 1441/88 of 24 May 1988 amending Regulation (EEC) No 
822/87 on the common organization of the market in wine16. That Regulation gave the 
Council  power  to  adjust  certain  transitory  provisions  resulting  from  the  accession  of 
Portugal to the European Communities and has therefore exhausted its effects.  

Council  Regulation  (EEC)  No  1720/91  of  13  June  1991  amending  Regulation  No 
136/66/EEC  on  the  establishment  of  a  common  organization  of  the  market  in  oils  and 
fats17.  That  Regulation  introduced  several  exceptional  measures  in  the  common 
organization of the market in oils and fats, which were applicable until 30 June 1992 at 
the latest, and has therefore exhausted its effects.  

Council  Regulation  (EEC)  No  740/93  of  17  March  1993  setting  Community 
compensation  for  definitive  discontinuation  of  milk  production  in  Portugal18.  That 
Regulation introduced a special measure to be implemented until 1996 and has therefore 
exhausted its effects. 

Council Regulation (EEC) No 741/93 of 17 March 1993 on application of the common 
intervention  price  for  olive  oil  in  Portugal19.  That  Regulation  was  intended  for 
application in the transitional period following the accession of Portugal to the European 
Communities and has therefore exhausted its effects.  

Council Regulation (EEC) No 744/93 of 17 March 1993 laying down general rules for 
applying the supplementary trade mechanism to deliveries in Portugal of products other 
than  fruit  and  vegetables20.  That  Regulation  concerned  applicability  to  Portugal  of 
Council Regulation (EEC) No 3817/92 of 28 December 1992 laying down general rules 
for applying the supplementary trade mechanism to imports into Spain of products other 

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OJ L 297, 29.10.1983, p. 1. 
OJ L 61, 2.3.1984, p. 34. 
OJ L 284, 7.10.1987, p. 19. 
OJ L 132, 28.5.1988, p. 1. 
OJ L 162, 26.6.1991, p. 27. 
OJ L 77, 31.3.1993, p. 5. 
OJ L 77, 31.3.1993, p. 7. 
OJ L 77, 31.3.1993, p. 11. 

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than fruit and vegetables21 which was subsequently repealed and has therefore exhausted 
its effects.  

Council  Regulation  (EC)  No  2443/96  of  17  December  1996  providing  for  additional 
measures for direct support of producers' incomes or for the beef and veal sector22. That 
Regulation only covered the year 1997 and has therefore exhausted its effects. 

Council  Regulation  (EC)  No  2200/97  of  30  October  1997  on  the  improvement  of  the 
Community production of apples, pears, peaches and nectarines23. That Regulation was 
intended  to  introduce  a  special  premium  for  the  1997/1998  marketing  year  and  has 
therefore exhausted its effects. 

Council  Regulation  (EC)  No  2330/98  of  22  October  1998  providing  for  an  offer  of 
compensation  to  certain  producers  of  milk  and  milk  products  temporarily  restricted  in 
carrying out their trade24. That Regulation covered only a special temporary measure and 
has therefore exhausted its effects.  

Council Regulation (EC) No 2800/98 of 15 December 1998 on transitional measures to 
be applied under the common agricultural policy with a view to the introduction of the 
euro25.  That  Regulation  was  meant  to  provide  only  for  transitional  measures  and  has 
therefore exhausted its effects. 

Council Regulation (EC) No 2802/98 of 17 December 1998 on a programme to supply 
agricultural  products  to  the  Russian  Federation26.  That  Regulation  was  intended  to 
provide for a singular one-off measure and has therefore exhausted its effects. 

Council Regulation (EC) No 660/1999 of 22 March 1999 amending Regulation (EEC) 
No  2075/92  and  fixing  the  premiums  and  guarantee  thresholds  for  leaf  tobacco  by 
variety  group  and  Member  State  for  the  1999,  2000  and  2001  harvests27.  That 
Regulation only covered the 1999, 2000 and 2001 harvests and has therefore exhausted 
its effects. 

Council  Regulation  (EC)  No  546/2002  of  25  March  2002  fixing  the  premiums  and 
guarantee thresholds for leaf tobacco by variety group and Member State for the 2002, 
2003 and 2004 harvests and amending Regulation (EEC) No 2075/9228. That Regulation 
only covered the 2002, 2003 and 2004 harvests and has therefore exhausted its effects. 

Council  Regulation  (EC)  No  527/2003  of  17  March  2003  authorising  the  offer  and 
delivery for direct human consumption of certain wines imported from Argentina which 
may  have  undergone  oenological  processes  not  provided  for  in  Regulation  (EC)  No 

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OJ L 387, 31.12.1992, p. 12. 
OJ L 333, 21.12.1996, p. 2. 
OJ L 303, 6.11.1997, p. 3.  
OJ L 291, 30.10.1998, p. 4. 
OJ L 349, 24.12.1998, p. 8. 
OJ L 349, 24.12.1998, p. 12. 
OJ L 83, 27.3.1999, p. 10. 
OJ L 84, 28.3.2002, p. 4. 

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1493/199929. That Regulation was intended to introduce derogation applicable only until 
30 September 2003 and has therefore exhausted its effects. 

(3) 

For reasons of legal security and clarity, those obsolete Regulations should be repealed, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulations (EEC) No 2052/69, (EEC) No 1467/70, (EEC) No 3279/75, (EEC) No 1078/77, (EEC) No 
1853/78,  (EEC)  No  2580/78,  (EEC)  No  1/81,  (EEC)  No  1946/81,  (EEC)  No  2989/82,  (EEC)  No 
3033/83,  (EEC)  No  564/84,  (EEC)  No  2997/87,  (EEC)  No  1441/88,  (EEC)  No  1720/91,  (EEC)  No 
740/93, (EEC) No 741/93, (EEC) No 744/93, (EC) No 2443/96, (EC) No 2200/97, (EC) No 2330/98, 
(EC)  No  2800/98,  (EC)  No  2802/98,  (EC)  No  660/1999,  (EC)  No  546/2002,  (EC)  No  527/2003  are 
repealed. 

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

Article 2 

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

Done at […], 

For the European Parliament 
The President 

For the Council 
The Presiden 

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OJ L 78, 25.3.2003, p. 1. 

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