Application of certain EU competition rules to agricultural products

SUMMARY OF:

Regulation (EC) No 1184/2006 applying certain rules of competition to the production of and trade in certain agricultural products

WHAT IS THE AIM OF THE REGULATION?

It lays down the rules with respect of the applicability of Articles 101 to 106 of the Treaty on the Functioning of the European Union (TFEU) (formerly Articles 81 to 86 of the Treaty establishing the European Community) — the EU’s competition rules — to the agricultural sector.

KEY POINTS

The regulation states that Articles 101(1) and 102 TFEU apply in the area of production of or trade in agricultural products except for products covered by Regulation (EU) No 1308/2013 on the common organisation of agricultural markets and Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products.

It allows for two exceptions from the general rules. These are:

• agreements, decisions and practices which form an integral part of a national market organisation or are necessary to attain the objectives of the common agricultural policy (CAP) as set out by Article 39 of the TFEU;
• certain agreements, decisions and practices of farmers, farmers’ associations or associations of farmers’ associations belonging to a single EU country
  • which concern the production or sale of agricultural products or
  • the use of joint facilities for the storage, treatment or processing of agricultural products and
  • under which there is no obligation to charge identical prices
  • provided those agreements do not exclude competition or jeopardise the objectives of the CAP.

The European Commission has the sole power, subject to review by the Court of Justice of the EU, to determine, by a decision which must be published, which agreements, decisions and practices meet the conditions.

FROM WHEN DOES THE REGULATION APPLY?

It has applied since 24 August 2016.

BACKGROUND

For more information, see:

• Competition — Agriculture and Food (European Commission).

MAIN DOCUMENT

Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in agricultural products (Codified version) (OJ L 214, 4.8.2006, pp. 7-9)

Successive amendments to Regulation (EC) No 1184/2006 have been incorporated into the original document. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 103 (ex Article 83 TEC) (OJ C 202, 7.6.2016, pp. 89-90)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 104 (ex Article 84 TEC) (OJ C 202, 7.6.2016, p. 90)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 105 (ex Article 85 TEC) (OJ C 202, 7.6.2016, p. 90)

Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 106 (ex Article 86 TEC) (OJ C 202, 7.6.2016, pp. 90-91)

Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, pp. 671–854)

See consolidated version.

Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, pp. 1-21)

See consolidated version.

last update 25.05.2018