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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 .

BACKGROUND

For more information, see:

MAIN DOCUMENT

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

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