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Document 52006PC0822

Proposal for a Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products

/* COM/2006/0822 final - CNS 2006/0269 */

52006PC0822

Proposal for a Council Regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products /* COM/2006/0822 final - CNS 2006/0269 */


[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 18.12.2006

COM(2006) 822 final

2006/0269 (CNS)

Proposal for a

COUNCIL REGULATION

establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Context

- Grounds for and objectives of the proposal: A simpler legal framework for the CAP – one horizontal common market organisation instead of 21

The main objective of the proposed regulation is to revise the existing 21 regulations on sector-specific common market organisations (CMOs) and combine them into a comprehensive single regulation, with a view to streamlining and simplifying the legal framework without changing the underlying policies.

Thus, the proposal intends to provide a single set of harmonised rules in the classic areas of market policy such as intervention, private storage, import tariff quotas, export refunds, safeguard measures, state aid and competition rules, and the communication and reporting of data. The existing sector-specific rules on these matters have been rearranged by instrument or policy issue and merged, where possible, into horizontal provisions. As a synthesis of the current CMO provisions at Council level the proposed regulation should apply to all agricultural products that are currently covered by a CMO.

- General context

This proposal is an essential component in the Commission’s plans to streamline and simplify the common agricultural policy (CAP). The key issues of the Commission’s approach have been set out in its 2005 Communication on "Simplification and Better Regulation for the Common Agricultural Policy" (referred to hereinafter as “the Communication”)[1]. In this document the Commission underlined that “Reducing red tape in the farm sector by making rules more transparent, easier to understand and less burdensome will reduce costs for businesses and ensure that European citizens receive value for money".

- Existing provisions in the area of the proposal

An essential part of the current CAP legal framework consists of the 21 CMOs that have been established since the introduction of the CAP (see Annex 1 to this document ). Each of these CMOs is governed by a separate basic Council regulation, often accompanied by a further set of subsidiary Council rules.

Most basic regulations follow the same structure and have numerous provisions in common. This is the case in particular as regards the rules on trade with third countries and general provisions but also to a certain extent for the rules related to the internal market. Moreover, the basic regulations often contain different solutions to identical or similar problems. On this last point, the Communication notes the 2003 reform of the CAP which “simplified the CAP's legislative environment by establishing a horizontal legal framework for all direct payments and amalgamating an array of support systems into a single payment scheme.” In the Communication, the Commission declared its intention to extend the horizontal approach to the 21 CMOs and to examine in this context the extent to which harmonisation is possible and sectoral approaches can be replaced by horizontal ones.

- Consistency with other policies and objectives of the Union

This proposal, in the area of agriculture forms an integral part of the overall Commission approach to Better Regulation and simplification, as it is expressed in its Communication of 25 October 2005 on “ Implementing the Community Lisbon programme – A strategy for the simplification of the regulatory environment” [2] and endorsed in the Interinstitutional Agreement on better law-making of 16 December 2003[3].

2. Consultation of interested parties and impact assessment

- Consultation of interested parties

The Commission’s intention to draw up a proposal for a comprehensive CMO regulation was announced in its Communication of 19 October 2005. Following a discussion, the Council adopted in December 2005 conclusions which did not specifically address this issue. In the course of the preparatory work on the proposal both Member States and stakeholders were given the opportunity to express their views on the project. The consultation of Member States took place in a meeting of the Commission simplification experts group on 27 June 2006, that of the stakeholders in an ad-hoc meeting of the Agricultural Advisory Committee on 30 June 2006, in both cases on the basis of an information note summarising the broad lines of the envisaged proposal.

Member States representatives accepted in general that the approach could lead to simplifying the legislative framework of the CAP. However, they reserved the position of their governments until the presentation of a detailed legislative proposal.

The representatives of stakeholders were equally reluctant to comment on the approach in greater detail. A number of them showed openness to consider a proposal for a comprehensive CMO regulation provided that it would be restricted to a technical exercise without bringing about changes to the existing policies. Some concerns were voiced with regard to the creation of one management committee for all market sectors.

- Collection and use of expertise

There was no need for external expertise.

- Impact assessment

Not applicable. The proposal is not subject to impact assessment requirements as it is not included in the Commission Legislative and Work Programme.

3. Legal elements and main characteristics of the horizontal CMO

- Legal basis

Articles 36 and 37 of the Treaty

- Content of the proposal

Simplification of the regulatory framework without changing the policy

A legislative project of this order of magnitude which consists of combining a significant number of separate legal acts into one comprehensive Regulation goes clearly beyond the level of a mere consolidation of existing legal texts. It inevitably requires re-arranging and re-wording many of the provisions concerned. This should not be seen, however, as an attempt to change the political decisions the Council has taken over the years in CAP matters, and which are reflected in the current CMOs. Although there is no universal and agreed typology of simplification initiatives, the proposed Regulation is essentially an act of “technical simplification”, i.e. it implies, as it is expressed in the Communication, "the revision of the legal framework, administrative procedures and management mechanisms to achieve streamlining and greater cost-effectiveness and attain existing policy objectives more effectively, without changing the underlying policies." Accordingly, it is not proposed to repeal or change existing instruments unless they have become obsolete, redundant or should not by their very nature be dealt with at Council level. This also implies that in the framework of this proposal neither the current scope of the CMOs should be extended nor should new instruments or measures be introduced.

In line with these criteria, the proposed arrangements deviate on a limited number of points from those in current Regulations. This issue is in particular relevant to a number of provisions which currently empower the Council to adopt legal acts without consulting the Parliament (so-called “second generation” acts). In accordance with the institutional balance laid down in the third indent of Article 202 of the Treaty it is proposed to either adopt such acts in accordance with the procedure laid down in Article 37 of the Treaty, i.e. after consulting the Parliament, or to confer the relevant powers on the Commission.

However, since there is currently no need to change or repeal the relevant second generation Regulations in substance the proposal leaves them in place while explicitly setting out a Commission power to amend or repeal such acts by means of the management committee procedure once this becomes necessary. Furthermore, it should be noted that for certain issues which, due to their particularly technical character are not appropriate to be dealt with in a basic Council Regulation, it is proposed to transfer the relevant powers to the Commission.

Scope of the proposal

The scope of the proposed Regulation reflects the step-by-step approach that has already been set out in the Communication. Accordingly, it is proposed for the new basic Regulation to apply from the very beginning to all agricultural products that are currently governed by a CMO. In addition, for the sake of completeness and consistency the new basic Regulation should also include certain other agricultural products such as silkworms, ethyl alcohol of agricultural origin and apiculture products which at present are not subject to a fully-fledged CMO but regulated by a set of specific agricultural rules, without however giving them full CMO-status. It should be noted, however, that due to its particular status as a product that is not covered by Annex I to the Treaty[4], cotton is not included in this proposal.

As regards the sectors which are currently or will soon be subject to policy reviews (fresh and processed fruit and vegetables, wine), it appears appropriate to include only those provisions in the proposal which are or will not be affected by such reviews. This is the case in particular for horizontal or common rules such as the provisions on state aid and competition, comitology procedures, and Member States’ communications to the Commission. Accordingly each review will take place on the basis of a separate proposal. Once a review process is concluded the legal acts adopted in its framework will then in a second step have to be incorporated into the new basic Regulation. To that end the Commission will at due time submit appropriate proposals to the Council. Until such proposals are adopted, the existing regulations governing these rules will remain applicable in addition to the new basic Regulation.

Incorporated legal acts

In addition to the Council acts referred to under 1., it is proposed that the new basic Regulation also take on board further Council rules which do currently not formally form part of CMO Regulations even though they are applicable to the agricultural products covered by current CMOs and other Council acts. This category includes e.g. the rules on milk quotas, specific provisions on private storage and public intervention[5] and the provisions contained in Regulation No 1184/2006[6] with regard to competition and state aid rules for the production of and trade in agricultural products. Annex 2 to this document contains a complete list of such legal acts.

Structure

The structure of the new CMO should mainly follow that used in most of the current basic Regulations. However, due to their importance it seems appropriate to foresee a specific part for competition rules. Accordingly the body of the proposed Regulation is subdivided as follows:

- introductory provisions (e.g. scope, definitions, marketing years),

- provisions concerning the internal market (e.g. public intervention, private storage, special intervention measures, quotas, aid schemes),

- provisions concerning trade with third countries (e.g. licences, import duties, tariff quotas, special safeguard, export refunds, safeguard clause, inward- and outward processing),

- competition rules (antitrust, state aids),

- general provisions (e.g. disturbance clause, communications, management committee),

- transitional and final provisions (e.g. amendments, repeals, transitional clause, entry into force).

In addition the proposed regulation contains a number of annexes which mainly reflect the annexes to current CMO regulations.

Decision making by the Commission

As foreseen in the existing CMOs the proposal requires the Commission in the vast majority of cases to exercise its decision making powers in accordance with the so-called management committee procedure. To avoid repeating in each and every case the necessary reference to the relevant comitology clause the proposal stipulates this requirement at horizontal level.

Entry into force and application

The new Regulation is proposed to enter into force on the seventh day following that of its publication in the Official Journal.

However, the dates for the application of provisions in the proposed Regulation should be fixed so as to ensure a smooth transition to the new legal framework. This implies that the new provisions should not become applicable in the course of marketing years on the one hand, and the Commission should be given the time needed for preparing and adopting the necessary implementing acts. On the assumption of a formal adoption of the proposed regulation by the Council in autumn 2007 its provisions should apply:

- in sectors for which marketing years are provided for, from the beginning of the relevant marketing years in 2008,

- in sectors for which no marketing year is provided for, from 1 January 2008.

In line with the current arrangements the provisions on sugar and milk quotas should apply no longer than the end of the 2014/2015 sugar marketing/milk quota year.

- Subsidiarity principle

The proposal pursues the objective to simplify the legislative framework of the CMOs without changing their underlying political orientations.

- Choice of instrument

Proposed instruments: regulation.

Other means would not be adequate as the proposal is aimed at establishing a horizontal CMO which is directly applicable in all Member States.

4. Budgetary implications

Given that the proposal does not bring about changes to the existing CAP measures it has no budgetary implications.

5. Simplification

The proposal is expected to lead to significant simplification of existing legislation. It will:

- drastically reduce the number of legal acts and provisions governing the CAP,

- harmonise and streamline the instruments and measures of the CAP,

- increase the transparency of the CAP's legal framework and improve its accessibility for farmers, economic operators and national administrations,

- reduce administrative costs.

Ultimately the vast majority of the CAP will be governed by only four Council regulations:

- the Council regulation on the common organisation of the markets,

- Council Regulation (EC) No 1782/2003 on direct payments,

- Council Regulation (EC) No 1698/2005 on rural development and

- Council Regulation (EC) No 1290/2005 on the financing of the CAP.

The proposal is therefore an important contribution to the process of legislative simplification.

However, its contribution to simplifying the CAP should not be judged in an isolated manner but within the global context of the Commission’s efforts in this area. It clearly follows from the Communication that the Commission’s activities with regard to Better Regulation and simplification in the CAP comprise a whole variety of technical and policy related measures and initiatives of which the proposal is only one important component.

Repeal of existing legislation

The adoption of the proposal will lead to the repeal of 35 Council Regulations.

ANNEX 1

COMMON MARKET ORGANISATIONS INCORPORATED IN THE PROPOSED HORIZONTAL CMO

Regulation | Scope |

1. | (EEC) No 234/68 | Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage |

2. | (EEC) No 827/68 | "Solde" (CMO for many products not covered by other CMOs) |

3. | (EEC) No 2759/75 | Pigmeat |

4. | (EEC) No 2771/75 | Eggs |

5. | (EEC) No 2777/75 | Poultrymeat |

6. | (EEC) No 2075/92 | Raw tobacco |

7. | (EC) No 1254/1999 | Beef and veal |

8. | (EC) No 1255/1999 | Milk and milk products |

9. | (EC) No 1673/2000 | Flax and hemp |

10. | (EC) No 2529/2001 | Sheep and goat meat |

11. | (EC) No 1784/2003 | Cereals |

12. | (EC) No 1785/2003 | Rice |

13. | (EC) No 1786/2003 | Dried fodder |

14. | (EC) No 865/2004 | Olive Oil |

15. | (EC) No 1947/2005 | Seeds |

16. | (EC) No 1952/2005 | Hops |

17. | (EC) No 318/2006 | Sugar |

18. | (EEC) No 404/93 | Bananas |

19. | (EC) No 2200/96 | Fresh fruit & vegetables |

20. | (EC) No 2201/96 | Processed fruit & vegetables |

21. | (EC) No 1493/1999 | Wine |

ANNEX 2

LEGAL ACTS INCORPORATED IN THE PROPOSED HORIZONTAL CMO OTHER THAN BASIC CMO REGULATIONS

NON-CMO products

Regulation | Scope |

(EEC) No 845/72 | Silk Worms |

(EEC) No 707/76 | Silk Worm Producer Groups |

(EC) No 670/2003 | Ethyl alcohol of agricultural origin |

(EC) No 797/2004 | Apiculture products |

Horizontal provisions

Regulation | Scope |

(EC) No 1184/2006 | Council Regulation applying certain rules of competition to the production of, and trade in, agricultural products (= ex Regulation No 26) |

(EEC) No 1055/77 | Council Regulation on the storage and movement of products bought in by an intervention agency |

(EEC) No 2931/79 | Council Regulation on the granting of assistance for the exportation of agricultural products which may benefit from a special import treatment in a third country |

(EEC) No 386/90 | Council Regulation on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts |

Sugar sector

Decision | Scope |

74/583/EEC | Council Decision of 20 November 1974 on the monitoring of sugar movements |

Fruit and vegetables sector

Regulation | Scope |

(EEC) No 2517/69 | Council Regulation laying down certain measures for reorganising Community fruit production |

Pigmeat sector

Regulation | Scope |

(EEC) No 2763/75 | Council Regulation laying down general rules for granting private storage aid for pigmeat |

Milk sector

Regulation | Scope |

(EEC) No 1898/87 | Council Regulation on the protection of designations used in marketing of milk and milk products |

(EEC) No 2204/90 | Council Regulation laying down additional general rules on the common organisation of the market in milk and milk products as regards cheese (systems of prior authorisation and administrative control) |

(EC) No 2991/94 | Council Regulation laying down standards for spreadable fats |

(EC) No 2597/97 | Council Regulation laying down additional rules on the common organisation of the market in milk and milk products for drinking milk |

(EC) No 2250/1999 | Council Regulation concerning the tariff quota for butter of New Zealand origin |

(EC) No 1788/2003 | Council Regulation establishing a levy in the milk and milk products sector |

Egg sectors

Regulation | Scope |

(EC) No 1028/2006 | Council Regulation on marketing standards for eggs (= ex Regulation No 1907/90) |

Poultry sector

Regulation | Scope |

(EEC) No 1906/90 | Council Regulation on certain marketing standards for poultry meat |

Floriculture sector

Regulation | Scope |

(EEC) No 4088/87 | Council Regulation fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel and Jordan |

Tobacco sector

Regulation | Scope |

(EEC) No 2077/92 | Council Regulation concerning inter-branch organisations and agreements in the tobacco sector |

Carcase classification

Regulation | Scope |

(EEC) No 1358/80 | Council Regulation fixing the guide price and the intervention price for adult bovine animals for the 1980/81 marketing year and introducing a Community grading scale for carcases of adult bovine animals |

(EC) No 1183/2006 | Council Regulation concerning the Community scale for the classification of carcases of adult bovine animals (= ex. Regulation No 208/81) |

(EEC) No 3220/84 | Council Regulation determining the Community scale for grading pig carcases |

(EEC) No 1186/90 | Council Regulation extending the scope of the Community scale for the classification of carcases of adult bovine animals |

(EEC) No 2137/92 | Council Regulation concerning the Community scale for the classification of carcases of ovine animals and determining the Community standard quality of fresh or chilled sheep carcases and extending Regulation (EEC) No 338/91 |

2006/0269 (CNS)

Proposal for a

COUNCIL REGULATION

establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[7],

TABLE OF CONTENTS

PART I INTRODUCTORY PROVISIONS 34

PART II INTERNAL MARKET 37

TITLE I MARKET INTERVENTION 37

CHAPTER I PUBLIC INTERVENTION AND PRIVATE STORAGE 37

SECTION I GENERAL PROVISIONS 37

SECTION II PUBLIC INTERVENTION 39

Subsection I General Provisions 39

Subsection II Opening and Suspension of Buying- In 40

Subsection III Intervention Price 41

Subsection IV Disposal from Intervention 43

SECTION III PRIVATE STORAGE 44

Subsection I Mandatory Aid 44

Subsection II Optional Aid 45

SECTION IV COMMON PROVISIONS 48

CHAPTER II SPECIAL INTERVENTION MEASURES 51

SECTION I EXCEPTIONAL MARKET SUPPORT MEASURES 51

SECTION II MEASURES IN THE CEREALS AND RICE SECTORS 52

SECTION III MEASURES IN THE SUGAR SECTOR 52

SECTION IV ADJUSTMENT OF SUPPLY 55

CHAPTER III SYSTEMS OF PRODUCTION LIMITATION 56

SECTION I GENERAL PROVISIONS 56

SECTION II SUGAR 56

Subsection I Quota Allocation and Management 56

Subsection II Quota Overrun 58

SECTION III MILK 60

Subsection I general provisions 60

Subsection II Quota Allocation and Management 61

Subsection III Quota Overrun 67

SECTION IV PROCEDURAL PROVISIONS 70

CHAPTER IV AID SCHEMES 70

SECTION I AID FOR PROCESSING 70

Subsection I Dried Fodder 70

Subsection II Flax and Hemp grown for Fibre 73

SECTION II PRODUCTION REFUND 74

SECTION III AIDS IN THE MILK AND MILK PRODUCTS SECTOR 75

SECTION IV AIDS IN THE OLIVES SECTOR 77

SECTION V COMMUNITY TOBACCO FUND 78

SECTION VI SPECIAL PROVISIONS FOR THE APICULTURE SECTOR 78

SECTION VII AIDS IN THE SILKWORM SECTOR 80

TITLE II RULES CONCERNING MARKETING AND PRODUCTION 80

CHAPTER I MARKETING STANDARDS AND CONDITIONS FOR THE PRODUCTION 80

SECTION I MARKETING STANDARDS 80

SECTION II CONDITIONS FOR PRODUCTION 83

SECTION III PROCEDURAL RULES 83

CHAPTER II PRODUCER ORGANISATIONS, INTERBRANCH ORGANISATIONS, OPERATOR ORGANISATIONS 84

SECTION I GENERAL PRINCIPLES 84

SECTION II RULES CONCERNING INTERBRANCH ORGANISATIONS IN THE TOBACCO SECTOR 85

SECTION III PROCEDURAL RULES 86

PART III TRADE WITH THIRD COUNTRIES 87

CHAPTER I GENERAL PROVISIONS 87

CHAPTER II IMPORTS 87

SECTION I IMPORT LICENCES 87

SECTION II IMPORT DUTIES AND LEVIES 89

SECTION III IMPORT QUOTA MANAGEMENT 91

SECTION IV SPECIAL PROVISIONS FOR CERTAIN PRODUCTS 93

Subsection I Special Provisions for Imports in respect of the Cereals and Rice Sectors 93

Subsection II Preferential Import Arrangements for Sugar 94

Subsection III Special Provisions for Imports of Hemp 95

Subsection IV Special Provisions for Imports of Hops 96

SECTION V SAFEGUARD AND INWARD PROCESSING 96

CHAPTER III EXPORTS 98

SECTION I EXPORT LICENCES 98

SECTION II EXPORT REFUNDS 98

SECTION III EXPORT QUOTA MANAGEMENT IN THE MILK AND MILK PRODUCTS SECTOR 103

SECTION IV SPECIAL IMPORT TREATMENT BY THIRD COUNTRIES 103

SECTION V SPECIAL PROVISIONS FOR LIVE PLANTS 104

SECTION VI OUTWARD PROCESSING 104

PART IV COMPETITION RULES 105

CHAPTER I RULES APPLYING TO UNDERTAKINGS 105

CHAPTER II STATE AID RULES 107

PART V SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS 109

PART VI General Provisions 112

PART VII IMPLEMENTING, TRANSITIONAL AND FINAL RULES 114

CHAPTER I IMPLEMENTING PROVISIONS 114

CHAPTER II TRANSITIONAL AND FINAL PROVISIONS 115

Whereas:

1. The operation and development of the common market for agricultural products should be accompanied by the establishment of a common agricultural policy (hereinafter referred to as “CAP”) to include, in particular, a common organisation of agricultural markets (hereinafter referred to as “CMO”) which may, according to Article 34 of the Treaty, take various forms depending on the product.

2. Since the introduction of a CAP, the Council has adopted 21 common organisations of the markets for each product or group of products, each governed by a separate Council basic regulation:

3. Council Regulation (EEC) No 234/68 of 27 February 1968 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage[8];

4. Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organisation of the market in certain products listed in Annex II to the Treaty[9];

5. Council Regulation (EEC) No 2759/75 of 29 October 1975 on the common organisation of the market in pigmeat[10];

6. Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs[11];

7. Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat[12];

8. Council Regulation (EEC) No 2075/92 of 30 June 1992 on the common organisation of the market in raw tobacco[13];

9. Council Regulation (EEC) No 404/93 of 13 February 1993 on the common organisation of the market in bananas[14];

10. Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables[15];

11. Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products[16];

12. Council Regulation (EC) No 1254/1999 of 17 May 1999 on the common organisation of the market in beef and veal[17];

13. Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products[18];

14. Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine[19];

15. Council Regulation (EC) No 1673/2000 of 27 July 2000 on the common organisation of the markets in flax and hemp grown for fibre[20];

16. Council Regulation (EC) No 2529/2001 of 19 December 2001 on the common organisation of the market in sheepmeat and goatmeat[21];

17. Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals[22];

18. Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice[23];

19. Council Regulation (EC) No 1786/2003 of 29 September 2003 on the common organisation of the market in dried fodder[24];

20. Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68[25];

21. Council Regulation (EC) No 1947/2005 of 23 November 2005 on the common organisation of the market in seeds and repealing Regulations (EEC) No 2358/71 and (EEC) No 1674/72[26];

22. Council Regulation (EC) No 1952/2005 of 23 November 2005 concerning the common organisation of the market in hops and repealing Regulations (EEC) No 1696/71, (EEC) No 1037/72, (EEC) No 879/73 and (EEC) No 1981/82[27];

23. Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector[28].

24. In addition, the Council has adopted three regulations with specific rules for certain products without setting up, however, a common organisation of the markets for these products:

25. Council Regulation (EC) No 670/2003 of 8 April 2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin[29];

26. Council Regulation (EC) No 797/2004 of 26 April 2004 on measures improving general conditions for the production and marketing of apiculture products[30];

27. Council Regulation (EC) No 1544/2006 of 5 October 2006 laying down special measures to encourage silkworm rearing[31].

28. The above mentioned Regulations (hereinafter “basic regulations”) are often accompanied by a collateral set of further Council regulations. Most of the basic regulations follow the same structure and have numerous provisions in common. This is the case in particular with regard to the rules on trade with third countries and the general provisions but also to a certain extent for the rules related to the internal market. The basic regulations often contain different solutions to identical or similar problems.

29. The Community has, for some time, been pursuing the aim of simplifying the regulatory environment of the CAP. Accordingly, a horizontal legal framework for all direct payments was established amalgamating an array of support systems into a single payment scheme by the adoption of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers[32]. This approach should be extended to the basic regulations. In this context the rules contained therein should be amalgamated into a single legal framework and sectoral approaches be replaced by horizontal ones where this is possible.

30. Simplification should not lead to calling into question the political decisions that have been taken over the years in the CAP. This Regulation should, therefore, essentially be an act of technical simplification. It should not, therefore, repeal or change existing instruments unless they have become obsolete, redundant or should not, by their very nature, be dealt with at Council level nor introduce new instruments or measures.

31. Against this background, this Regulation should not introduce those parts of CMOs which are subject to policy reviews. This is the case with regard to certain parts of the fruit and vegetables, the bananas and the wine sectors. The rules contained in the respective Regulations (EEC) No 404/93, (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1493/1999 should, therefore, only be incorporated into this Regulation to the extent that they are not themselves subject to any policy reforms.

32. In the light of the aforementioned considerations, the basic Regulations should be repealed and replaced by one single Regulation.

33. The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, wine, milk and milk products and silk worms provide for marketing years mainly adapted to the biological production cycles of each of these products. In the CMOs for fruit and vegetables and processed fruit and vegetables, the Commission has been empowered to fix the marketing years due to the fact that the production cycles of these products vary to a large extent and that in some cases it is not necessary to fix a marketing year. The marketing years as they have been fixed in the mentioned sectors and the power of the Commission to fix the marketing years for the fruit and vegetables and the processed fruit and vegetables sectors should, therefore, be incorporated into this Regulation.

34. In order to stabilise the markets and to ensure a fair standard of living for the agricultural community, a differentiated system of price support for the different sectors has been developed, in parallel to the introduction of direct support schemes, taking account of the different needs in each of these sectors on the one hand and the interdependences between different sectors on the other. These measures take the form of public intervention or the payment of aid for the private storage of products of the cereals, rice, sugar, olives, beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors. Given the objectives of the present Regulation, there is, therefore, a need to maintain price support measures where they are foreseen in the instruments as they were developed in the past, without making any substantial changes as compared to the previous legal situation.

35. For the sake of clarity and transparency, the provisions governing these measures should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices.

36. The CMOs for cereals, beef and veal and milk and milk products contain provisions according to which the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty, may change the price levels. Given the sensitivity of the price systems the indication of that possibility should be maintained. However, as that possibility does not only apply in respect of the aforementioned sectors, it should be extended to all sectors covered by this Regulation.

37. To achieve reliable information on Community market prices for sugar, the price reporting system as it has been contained in the sugar CMO should be incorporated into this Regulation, on the basis of which market price levels for white sugar should be determined.

38. To prevent the system of intervention in respect of cereals, rice, butter and skimmed milk powder from becoming an outlet in itself the possibility to provide for the opening of public intervention during certain periods of the year only, should be maintained. In respect of beef and veal products and butter, the opening and closing of public intervention should be dependent on market price levels during a certain period. As regards the rice and sugar sectors, the limitation of the quantities up to which buying-in under public intervention can be carried out, should be maintained. With regard to butter and skimmed milk powder, the power of the Commission needs to be maintained to suspend the normal buying-in once a certain quantity is reached or to replace it by buying-in under a tender procedure.

39. The price level at which buying-in under public intervention should be carried out ("intervention price") was, in the past, decreased in the CMOs for cereals, rice and beef and veal and fixed along with the introduction of direct support schemes in these sectors. Aid under those schemes on the one hand and intervention prices on the other are, therefore, closely linked. The intervention price for the products of the milk and milk products sector was fixed in view of promoting consumption of the products of that sector and improving their competitiveness. In the rice and sugar sectors, the prices were fixed in order to contribute to stabilising the market in instances where the market price in a given marketing year falls below the reference price fixed for the following marketing year. These policy decisions of the Council still remain valid.

40. So far, the price levels in respect of the rice and sugar sectors have been fixed for products of standard quality as defined by the Council. Given the very technical nature of that notion, it is appropriate to delegate the power to define standard qualities to the Commission. In defining that notion, the Commission should, in particular, be led by the market and trade environments of the products concerned.

41. As in previous CMOs, this Regulation should provide for the possibility of disposal of products bought into public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to the goods and equal treatment of purchasers.

42. Due to its intervention stocks of various agricultural products, the Community has the potential means to make a significant contribution towards the well-being of its most deprived citizens. It is in the Community interest to exploit this potential on a durable basis until the stocks have been run down to a normal level by introducing appropriate measures. In the light of these considerations, Council Regulation (EEC) No 3730/87 of 10 December 1987 laying down the general rules for the supply of food from intervention stocks to designated organizations for distribution to the most deprived persons in the Community[33] has, so far, provided for the distribution of food by charitable organisations. This important social measure which can be of considerable value to the beneficiaries should be maintained and incorporated into the framework of this Regulation.

43. In order to contribute to balancing the milk market and to stabilising the market prices, the CMO for milk and milk products has provided for the granting of aid for private storage in respect of certain butter products and certain cheese products. Moreover, the Commission has been empowered to decide to grant aid for private storage of certain other cheese products as well as for white sugar, certain kinds of olive oil and of certain beef and veal products, skimmed milk powder, pigmeat and sheep meat and goat meat. Given the purpose of this Regulation, these measures should be maintained and incorporated therein.

44. Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and goat meat sectors Community scales for the classification of carcases have been established. These schemes are essential for the purposes of price recording and the application of the intervention arrangements in the beef and veal and pigmeat sectors. Moreover, they pursue the objective to improve market transparency. Such carcase classification schemes should be maintained. However, due to their mainly technical character it appears appropriate to entrust the Commission with the necessary powers to adopt the relevant rules, acting on the basis of criteria underlying the existing schemes.

45. Restrictions on free circulation resulting from the application of measures intended to combat the spread of animal diseases could cause difficulties on the market of certain products in one or more Member States. Experience shows that serious market disturbances such as a significant drop in consumption or in prices may be attributed to a loss in consumer confidence due to public health, or animal health risks.

46. The exceptional market support measures in order to remedy such situations provided for in the respective CMOs for beef and veal, milk and milk products, pigmeat, eggs and poultry should, therefore, be incorporated into this Regulation under the same conditions as they have applied so far. Such exceptional market support measures should be taken by the Commission and should be directly related to or consequent upon health and veterinary measures adopted in order to combat the spread of diseases. They should be taken at the request of Member States in order to avoid serious disruption on the markets concerned.

47. The possibility for the Commission to adopt special intervention measures where this proves to be necessary in order to react efficiently and effectively against threats of market disturbances in the cereals sector and in order to prevent large-scale application of public intervention in certain regions of the Community in the rice sector or to make up for paddy rice shortages following natural disasters, as they have been provided for in the CMOs for cereals and rice respectively should be upheld in this Regulation.

48. A minimum price should be fixed for quota beet corresponding to a standard quality which should be defined, in order to ensure a fair standard of living for the Community growers of sugar beet and sugar cane. The standard quality of quota beet has, so far, been defined in Annex I to Regulation (EC) No 318/2006. Given the highly technical character of these provisions, it is considered to be more appropriate to deal with these questions at Commission level.

49. Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions contained so far in the sugar CMO should be transferred to this Regulation to govern the contractual relations between buyers and sellers of sugar beet. Detailed terms have, so far, been subject to the CMO for sugar as Annex II to Regulation (EC) No 318/2006. Given the highly technical character of these terms, it is considered to be more appropriate to deal with these questions at Commission level.

50. The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Community. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should only define the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade.

51. A production charge should be applied to contribute to the financing of the expenditure occurring under the CMO in the sugar sector.

52. To maintain the structural balance of the markets in sugar at a price level close to the reference price, it should be possible for the Commission to decide to withdraw sugar from the market for as long as it takes for the market to rebalance.

53. The CMOs for live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry provide for the possibility for the adoption of certain measures to facilitate the adjustment of supply to market requirements. Such measures may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. Given the objectives of this Regulation, that possibility should be maintained. According to those provisions, the Council may adopt the general rules concerning such measures in accordance with the procedure laid down in Article 37 of the Treaty. The aims to be pursued by such measures are clearly circumscribed, delimiting, at the same time, the nature of the measures that may be adopted. Therefore, the adoption of additional general rules by the Council is not needed and should no more be provided for.

54. In the sugar and milk and milk products sectors the quantitative limitation of production as set out in Regulations (EC) No 318/2006 and Council Regulation (EC) No 1788/2003 of 29 September 2003 establishing a levy in the milk and milk products sector[34] has been an essential market policy instrument for many years. The reasons which in the past led the Community to adopt production quota systems in both sectors still remain valid. Whereas the sugar quota system has directly been embedded in the Regulation (EC) No 318/2006[35], the corresponding system in the dairy sector has so far been regulated in a separate legal act, namely Regulation (EC) No 1788/2003. Given the crucial importance of these schemes and the objectives pursued with the present Regulation, it is, therefore, appropriate to incorporate the relevant provisions in the present Regulation without making any substantial changes to the schemes and their modes of operation as compared to the previous legal situation.

55. The sugar quota scheme under this Regulation should therefore reflect the arrangements set out in Regulation (EC) No 318/2006 and, in particular, maintain the legal status of the quotas in so far as, according to the case-law of the Court of Justice, the system of quotas constitutes a mechanism for regulating the market in the sugar sector which aims to ensure the attainment of public interest objectives.

56. This Regulation should, therefore, also enable the Commission to adjust the quotas to a sustainable level after the termination, in 2010, of the restructuring fund established by Council Regulation (EC) No 320/2006 of 20 February 2006 establishing a temporary scheme for the restructuring of the sugar industry in the Community[36].

57. In the light of the need to allow for a certain national flexibility in relation to the structural adjustment of the processing industry and of beet and cane growing during the period in which the quotas are to be applied, Member States should be allowed to alter the quotas of undertakings within certain limits whilst not restricting the operation of the restructuring fund as an instrument.

58. In order to avoid the surplus sugar distorting the sugar market, the Commission should be enabled according to certain criteria to provide for carrying forward the surplus sugar, isoglucose or inulin syrup to be treated as quota production of the following marketing year. Moreover, if, for certain quantities, the applicable conditions are not met, a levy on the surplus should be imposed in order to avoid the accumulation of these quantities threatening the market situation.

59. In line with the purpose of this Regulation, the structure of the milk quota should be aligned with that of the sugar quota provisions. Accordingly, the point of departure of the dairy rules should no longer be the obligation to pay an additional levy where the national reference quantity is exceeded but the fixation of national quotas which in case they are overrun give rise to collecting a surplus levy.

60. In substance, the milk quota scheme should be shaped according to Regulation (EC) No 1788/2003. In particular, the distinction between deliveries and direct sales should be maintained and the scheme should be applied on the basis of individual representative fat contents and a national reference fat content. Farmers should be authorised under certain conditions to temporarily transfer their individual quota. Although the principle should be maintained that when a farm is sold, leased or transferred by inheritance, the corresponding quota is transferred to the purchaser, tenant or heir together with the relevant land, some exceptions should be made to the principle that reference quantities are tied to farms in order to continue the restructuring of milk production and improve the environment. In line with the various types of transfer of reference quantities and using objective criteria, Member States should be authorised to place part of the transferred quantities in the national reserve.

61. The surplus levy should be set at a dissuasive level and be payable by the Member States as soon as the national reference quantity is exceeded. The Member State should then divide the burden of payment among the producers who have contributed to the overrun. The latter should be liable vis-à-vis the Member State for payment of their contribution to the levy due for the mere fact of having overrun their available quantity. Member States shall pay to the European Agricultural Guarantee Fund (EAGF) the levy corresponding to the overrun of their national reference amount, reduced by a flat-rate amount of 1 % in order to take account of cases of bankruptcy or the definitive inability of certain producers to make their contribution to the payment of the levy due.

62. Article 34(1)(b) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy[37] qualifies the proceeds flowing from the application of the additional levy in the dairy sector as “assigned revenue” which have to be paid to the Community budget and, in the event of reuse, have to be used exclusively to finance expenditure under the EAGF or the European Agricultural Fund for Rural Development (EAFRD). Article 22 of Regulation (EC) No 1788/2003 according to which levy proceeds are considered as intervention to stabilise agricultural markets and are to be applied to financing expenditure in the milk sector, has therefore become obsolete and not been taken over by this Regulation.

63. Various CMOs provide for different kinds of aid schemes.

64. The CMOs for dried fodder and for flax and hemp, introduced processing aids for these sectors as a means to govern the internal market in respect of the sectors concerned.

65. In view of the special market situation for cereals and potato starch the CMO for cereals contained provisions which allowed the granting of a production refund if that proves necessary. The production refund has to be of such a nature that the basic products used by the industry concerned can be made available to it at a lower price than that resulting from the application of the common prices. The CMO for sugar established the possibility of the granting of a production refund in cases where, with regard to the manufacturing of certain industrial, chemical or pharmaceutical products the need arises to take measures aimed at making available certain sugar products.

66. Community finance, consisting of the percentage of direct aid that Member States are allowed to withhold in accordance with Article 110i(4) of Regulation (EC) No 1782/2003, is required to encourage approved operator organisations to draw up work programmes for the purpose of improving the production quality of olive oil and table olives. In that context, the CMO for olive oil and table olives provided for Community support to be allocated in accordance with the priorities given to the activities undertaken within the work programmes in question.

67. To contribute to balancing the milk market and to stabilise the market prices for milk and milk products, measures are needed to increase the possibility of disposing of milk products. The CMO for milk and milk products therefore provided for the grant of aids for the marketing of certain milk products with a view to specific uses and destinations. Moreover, that CMO provided for that, in order to stimulate the consumption of milk by young people, the Community should defray a part of the expenditure occasioned by granting aid for the supply of milk to pupils in schools.

68. A Community tobacco fund financed by certain deductions from aid schemes in that sector was established under Regulation (EEC) No 2075/92 in view of carrying out various measures in respect of that sector. The year 2007 will be the last in which deductions from the aid scheme provided for in Chapter 10c of Title IV of Regulation (EC) No 1782/2003 will be made available to the Community Tobacco Fund. Whilst the financing of the fund will expire prior to the entry into force of this Regulation, the provisions of Article 13 of Regulation (EEC) No 2075/92 should nevertheless be maintained to serve as a legal basis for the multiannual programmes that may be financed by the Community Tobacco Fund.

69. Beekeeping, being a sector of agriculture, is characterised by diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes for honey production, action by the Community continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Community, national programmes should be drawn up every three years, comprising technical assistance, control of varroasis, rationalisation of transhumance, management of the restocking of hives in the Community, and cooperation on research programmes on beekeeping and apiculture products with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Community.

70. Regulation (EC) No 1544/2006 replaced all national silkworm aids by a Community aid scheme for silkworm rearing which takes the form of a fixed sum per box of silkworm eggs used.

71. As the policy considerations which led to the introduction of the above mentioned schemes still persist, all these aid schemes should be incorporated in the framework of this Regulation.

72. The application of standards for the marketing of agricultural products can contribute to improving the economic conditions for the production and marketing as well as the quality of such products. The application of such standards is therefore in the interest of producers, traders and consumers. Accordingly, within the CMOs for bananas, olives, live plants, eggs and poultry marketing standards were put in place which, in particular, relate to quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation and labelling. It is appropriate to maintain that approach under this Regulation.

73. Under the CMOs for olive oil and table olives and bananas the Commission has, so far, been entrusted with the adoption of the provisions on marketing standards. Given their detailed technical character and the need to constantly improve their effectiveness and to adapt them to evolving trade practices, it appears appropriate to extend this approach to the other sectors concerned while specifying the criteria to be taken into account by the Commission in setting out the relevant rules. Moreover, special measures, in particular up-to-date methods of analysis and other measures to determine the characteristics of the standards concerned, may need to be adopted to avoid abuses as regards the quality and authenticity of the products presented to the consumers and the important disturbances on the markets they mayentail.

74. Several legal instruments have been put in place to regulate the marketing and designation of milk, milk products and other fats. They pursue the objective to improve the position of milk and milk products on the market on the one hand and to ensure a fair competition between spreadable fats of milk and non-milk origin on the other, both to the benefit of producers and consumers. The rules contained in Council Regulation (EEC) No 1898/87 of 2 July 1987 on the protection of designations used in marketing milk and milk products[38] are aimed at protecting the consumer and at establishing conditions of competition between milk products and competing products in the field of product designation, labelling and advertising which avoid any distortion. Council Regulation (EC) No 2597/97 of 18 December 1997 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk[39] provides for rules aimed at guaranteeing a high quality of drinking milk and products which fulfil consumers’ needs and wishes, thus stabilising the market concerned and providing the consumer with high quality drinking milk. Council Regulation (EC) No 2991/94 of 5 December 1994 laying down standards for spreadable fats[40] sets out the marketing standards for the milk and non-milk products concerned with a clear and distinct classification accompanied by rules on designation. In line with the objectives of the present Regulation, these rules should be maintained without changes.

75. As it has, so far, been the case under the CMO for hops, a quality policy should be followed throughout the Community by implementing provisions concerning certification together with rules prohibiting, as a general rule, the marketing of products for which a certificate has not been issued, or, in the case of imported products, those which do not comply with equivalent quality characteristics.

76. The descriptions and definitions of olive oil and the denomination are an essential element of the market order by setting quality standards and providing consumers with adequate information on the product.

77. One of the aforementioned aid schemes contributing to balancing the market in milk and milk products and to stabilising the market prices in that sector consists of an aid scheme for the processing of skimmed milk powder into casein and caseinates as it has, so far, been contained in Article 12 of Regulation (EC) No 1255/1999. Council Regulation (EEC) No 2204/90 of 24 July 1990 laying down additional general rules on the common organisation of the market in milk and milk products as regards cheese[41] introduced rules concerning the use of casein and caseinates in the manufacture of cheese in order to counter adverse effects that may result from that aid scheme, taking into account the vulnerability of cheese to substitution operations with casein and caseinates, thereby intending to stabilise the market. These rules need to be incorporated into this Regulation.

78. The processing of certain agricultural raw materials into ethyl alcohol is closely linked with the economy of those raw materials. It can contribute in large measure to enhancing their value and may be of particular economic and social importance for the economy of certain regions of the Community or may be a significant source of income for the producers of the raw materials concerned. It also permits the disposal of products of unsatisfactory quality and short-term surpluses that may cause temporary problems in certain sectors.

79. In the hops, olives, tobacco and silk worm sectors, certain policy instruments are carried out by concentration of efforts on different kinds of organisations, in particular in view of stabilising the markets in, and of improving and guaranteeing the quality of, the products concerned through joint action. The provisions which have regulated that system of organisations so far is based on organisations which are recognised by the Member States or, under certain conditions, by the Commission, in accordance with provisions to be adopted by the Commission. That system should be maintained and the provisions as they have been in place so far should be harmonised.

80. To support certain activities of inter-branch organisations which are of particular interest in the light of the current rules concerning the CMO for tobacco, provision should be made for the rules adopted by an inter-branch organisation for its members to be extended, subject to certain conditions, to all non-member producers and groups in one or more regions. The same should also apply in respect of other activities of the recognised inter-branch organisations which are of general economic or technical interest for the tobacco sector and so be of benefit to all persons active in the branches in question. There should be close cooperation between the Member States and the Commission. The Commission should have permanent monitoring powers, particularly as regards the agreements and concerted practices adopted by such organisations.

81. The creation of a single Community market involves the introduction of a trading system at the external borders of the Community. That trading system should include import duties and export refunds and should, in principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations.

82. Monitoring the volume in trade in agricultural products with third countries in the CMOs for the cereals, rice, sugar, seeds, olives, flax and hemp, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultry meat, live plants and ethyl alcohol sectors, has, so far, both for imports and exports been subject to either compulsory licence systems or to systems where the Commission was empowered to introduce licence requirements.

83. Monitoring trade flows is foremost a matter of management which should be addressed in a flexible way. Against this background and in the light of the experience gained in the CMOs where the management of licences is already conferred on the Commission it appears appropriate to extend this approach to all sectors where import and export licences are being used. The decision on the introduction of licence requirements should be made by the Commission taking account of the need for import licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question

84. For the most part, the customs duties applicable to agricultural products under the World Trade Organisation (WTO) agreements are laid down in the common customs tariff. However, for some products of the cereals and rice sectors, the introduction of additional mechanisms makes it necessary to provide for the possibility to adopt derogations.

85. In order to prevent or counteract adverse effects on the Community market which could result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, if certain conditions are fulfilled.

86. It is appropriate, under certain conditions, to confer on the Commission the power to open and administer tariff quotas resulting from international agreements concluded in accordance with the Treaty or from other acts of the Council.

87. Council Regulation (EEC) No 2729/75 of 29 October 1975 on the import levies on mixtures of cereals, rice and broken rice[42] pursues the aim to ensure the proper working of the duty system in the case of imports of mixtures of cereals, rice and broken rice. These rules should be included in this Regulation.

88. The Community has concluded several preferential market access arrangements with third countries which allow those countries to export cane sugar to the Community under favourable conditions. Therefore, it is necessary to evaluate the refiners' need for sugar for refining and, under certain conditions, to reserve import licences to specialised users of significant quantities of imported raw cane sugar, which are considered to be full-time refiners in the Community.

89. In order to prevent illicit crops from disturbing the CMO in hemp for fibre, provision should be made for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. In addition, imports of hemp seeds intended for uses other than sowing should be subjected to a control system which makes provision for a system for authorising the importers concerned.

90. A quality policy is being followed throughout the Community as regards products of the hops sector. In the case of imported products, provision needs to be made to ensure that only products complying with equivalent minimum quality characteristics are imported.

91. The customs duty system makes it possible to dispense with all other protective measures at the external frontiers of the Community. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Community.

92. To ensure the proper functioning of the CMOs and, in particular, avoid markets to be disturbed, the CMOs for a number of products traditionally provide for the possibility to prohibit the use of inward and outward processing arrangements. This possibility should be maintained. Moreover, experience shows that in order for this market management instrument to reach its objectives it usually needs to be applied without major delays. In certain sectors the Commission is therefore entrusted with the relevant powers. It is appropriate to extend this approach to the other sectors concerned.

93. Provisions for granting refunds on exports to third countries, based on the difference between prices within the Community and on the world market, and falling within the limits set by the Community's commitments in the WTO, should serve to safeguard the Community’s participation in international trade in certain of the products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.

94. Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling of the amount applicable to the destination fixed in advance.

95. Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for derogating from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down.

96. In the case of the export of live bovine animals, provision should be made that export refunds are granted and paid only if the provisions established in Community legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respected.

97. Agricultural products may in certain cases benefit from a special import treatment in third countries if the products comply with certain specifications and/or price conditions. Administrative cooperation between the authorities in the importing third country and the Community is necessary to ensure correct application of such a system. To that end the products should be accompanied by a certificate issued in the Community.

98. Exports of flowering bulbs to third countries are of considerable economic importance to the Community. The continuation and development of such exports may be ensured by stabilising prices in this trade. Provision should therefore be made for minimum export prices for the products in question.

99. In accordance with Article 36 of the Treaty the provisions of the chapter of the Treaty relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by the Council within the framework of Article 37(2) and (3) and in accordance with the procedure laid down therein. In the various CMOs the provisions on state aid had been largely declared applicable. The application in particular of the Treaty rules applying to undertakings was furthermore defined in Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules on competition to the production of, and trade in, agricultural products[43]. In line with the objective to create one comprehensive set of market policy rules it is appropriate to incorporate the provisions concerned in this Regulation.

100. The rules on competition relating to the agreements, decisions and practices referred to in Article 81 of the Treaty and to the abuse of dominant positions should be applied to the production of, and trade in, agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise attainment of the objectives of the CAP.

101. Special attention is warranted in the case of farmers' organisations the particular objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises attainment of the objectives of Article 33 of the Treaty.

102. In order both to avoid compromising the development of a CAP and to ensure legal certainty and non-discriminatory treatment of the undertakings concerned, the Commission should have sole power, subject to review by the Court of Justice, to determine whether agreements, decisions and practices referred to in Article 81 of the Treaty are compatible with the objectives of the CAP.

103. The proper working of the single market based on common prices would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to the products covered by this Regulation. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should, however, be in a position to draw up a list of existing, new or proposed national aids, to make appropriate observations to the Member States and to propose suitable measures to them.

104. Since accession, Finland and Sweden may, due to the specific economic situation of the production and marketing of reindeer and reindeer products, grant aids in that regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions. These exceptions need to be maintained.

105. In Member States with a significant reduction of sugar quota, sugar beet growers will face particularly severe adaptation problems. In such cases the transitional Community aid to sugar beet growers [provided for in Chapter 10f of Title IV of Regulation (EC) No 1782/2003] will not suffice to fully address the beet growers' difficulties. Therefore, Member States having reduced their quota by more than 50 % should be authorised to grant State aid to sugar beet growers during the period of application of the transitional Community aid. To avoid Member States granting State aid exceeding the needs of their sugar beet growers, the determination of the total amount of the State aid concerned should be made subject to Commission approval, except in the case of Italy where the maximum need for most productive sugar beet to adapt to the market conditions after the reform can be estimated at EUR 11 per tonne of sugar beet produced. Moreover, due to the particular problems expected to arise in Italy, provision should be made for arrangements allowing sugar beet growers to benefit directly or indirectly from the State aid granted.

106. In Finland sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the growing beyond the general effects of the sugar reform. For this reason provision should be made for authorising that Member State on a permanent basis to grant its sugar beet growers an adequate amount of State aid.

107. Given the particular situation in Germany, where national support is currently granted to a large number of smaller producers of alcohol under the specific conditions of the German Alcohol Monopoly, it is necessary to permit, during a limited period of time, the continuation of the granting of such support. It is also necessary to provide for the submission of a report on the functioning of that derogation, at the end of that period, accompanied with any appropriate proposals.

108. If a Member State wishes to support, on its territory, measures promoting consumption of milk and milk products in the Community, provision should be made for the possibility of financing such measures by a promotional levy on milk producers at national level.

109. In order to take account of possible evolutions of the dried fodder production, the Commission should, before 30 September 2008, on the basis of an evaluation of the CMO for dried fodder, present a report to the Council on that sector. The report should be accompanied, if needed, by appropriate proposals. Moreover, the Commission should report at regular intervals to the European Parliament and the Council on the aid scheme applied in respect of the apiculture sector.

110. Adequate information is needed about the present state of the market in hops within the Community and the prospects for its development. Provision should therefore be made for the registration of all contracts to supply hops produced within the Community.

111. It is appropriate to provide, under certain conditions and for certain products, for measures to be taken in cases where disturbances are occurring or are likely to occur due to significant changes of the internal market prices or as regards quotations or prices on the world market.

112. It is necessary to establish a framework of specific measures for ethyl alcohol of agricultural origin so that economic data can be collected and statistical information analysed for the purpose of monitoring the market. In so far as the market in ethyl alcohol of agricultural origin is linked to the market in ethyl alcohol in general, information also needs to be made available concerning the market in ethyl alcohol of non-agricultural origin.

113. Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Community in accordance with Regulation (EC) No 1290/2005.

114. The Commission should be authorised to adopt the necessary measures to solve practical specific problems in case of emergency.

115. Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments.

116. In order to avoid abuse of any of the advantages provided for in this Regulation, such advantages should not be granted or, as the case may be, be withdrawn, in cases where it is found that the conditions for obtaining any of those advantages have artificially been created contrary to the objectives of this Regulation.

117. To guarantee compliance with the obligations laid down by this Regulation, there is a need for controls and the application of penalties in case of non-compliance with such obligations. The power should, therefore, be conferred on the Commission to set up the corresponding rules including those concerning the recovery of undue payments and on the reporting obligations of the Member States.

118. The measures necessary for the implementation of this Regulation should, as a general rule, be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[44]. However, in respect of certain powers under this Regulation which relate to genuine Commission competences, require swift action or are of a purely administrative nature, the Commission should be empowered to act on its own.

119. This Regulation confers powers on the Commission which had, in the past, been conferred on the Council for adoption in accordance with the voting procedure of Article 37 of the Treaty. Such Council acts need to remain in force until the Commission adopts the relevant provisions based on the powers conferred on it by this Regulation. To avoid that in such cases there would be parallel provisions adopted by the Council on the one hand and by the Commission on the other, the Commission should be entitled to repeal such Council acts.

120. Due to the incorporation of various aspects of the CMOs in wine and fresh and processed fruit and vegetables, certain amendments need to be introduced to these CMOs.

121. This Regulation incorporates provisions concerning the applicability of the competition rules under the Treaty. Such provisions have, so far, been dealt with in Regulation (EC) No 1184/2006. That Regulation needs to be amended to spell out that its provisions apply to products listed in Annex I to the Treaty that are not covered by this Regulation.

122. This Regulation incorporates the aspects contained in the Regulations listed in recitals (2) and (3) with the exception of those contained in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1493/1999. Moreover, this Regulation incorporates the aspects of the following Regulations:

123. Regulation (EEC) No 2729/75;

124. Council Regulation (EEC) No 707/76 of 25 March 1976 on the recognition of producer groups of silkworm rearers[45];

125. Council Regulation (EEC) No 1055/77 of 17 May 1977 on the storage and movement of products bought in by an intervention agency[46];

126. Council Regulation (EEC) No 2931/79 of 20 December 1979 on the granting of assistance for the exportation of agricultural products which may benefit from a special import treatment in a third country[47];

127. Regulation (EEC) No 1898/87;

128. Regulation (EEC) No 3730/87;

129. Council Regulation (EEC) No 386/90 of 12 February 1990 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts[48];

130. Council Regulation (EEC) No 1186/90 of 7 May 1990 extending the scope of the Community scale for the classification of carcases of adult bovine animals[49];

131. Regulation (EEC) No 2204/90;

132. Council Regulation (EEC) No 2077/92 of 30 June 1992 concerning inter-branch organizations and agreements in the tobacco sector[50];

133. Regulation (EC) No 2991/94;

134. Regulation (EC) No 2597/97;

135. Council Regulation (EC) No 2250/1999 of 22 October 1999 concerning the tariff quota for butter of New Zealand origin[51];

136. Regulation (EC) No 1788/2003;

137. Council Regulation (EC) No 1183/2006 of 24 July 2006 concerning the Community scale for the classification of carcasses of adult bovine animals[52].

138. Those Regulations should therefore be repealed. However, it should be foreseen that the change-over from the existing CMOs to this Regulation only applies as of the start of the marketing years for the products concerned. Therefore, the respective Regulations should continue to apply until the end of the corresponding marketing year 2007/2008. Where no marketing years are being laid down, this Regulation should start to apply on 1 January 2008 and the respective Regulations of the existing CMOs should, therefore, continue to apply until that moment. As concerns Regulations (EC) 386/90, 1186/90 and 1183/2006, the competence for the adoption of the substance dealt with by those Regulations is being transferred to the Commission by this Regulation. Some more time should be allowed for the Commission to establish the respective rules. Those Regulations should therefore continue to apply until 31 December 2008.

139. The following Council acts have become redundant and should be repealed:

140. Council Regulation (EEC) No 2517/69 of 9 December 1969 laying down certain measures for reorganising Community fruit production[53];

141. Council Regulation (EEC) No 2728/75 of 29 October 1975 on aids for the production of and trade in potato starch and potatoes for starch manufacture[54];

142. Council Regulation (EEC) No 1358/80 of 5 June 1980 fixing the guide price and the intervention price for adult bovine animals for the 1980/81 marketing year and introducing a Community grading scale for carcases of adult bovine animals[55];

143. Council Regulation (EEC) No 4088/87 of 21 December 1987 fixing conditions for the application of preferential customs duties on imports of certain flowers originating in Cyprus, Israel and Jordan[56];

144. Council Decision 74/583/EEC of 20 November 1974 on the monitoring of sugar movements[57].

145. The change-over from the current arrangements provided for in provisions and Regulations that are being replaced by this Regulation could give rise to difficulties which are not dealt with in this Regulation. In order to deal with such difficulties, the Commission should be enabled to adopt transitional measures.

146. This Regulation should, as a general rule, start to apply on 1 January 2008. However, in order to avoid interferences of the new provisions with marketing years which will be ongoing at that time, certain exceptions should be provided for as regards the date of application of this Regulation in respect of certain products,

HAS ADOPTED THIS REGULATION:

PART I INTRODUCTORY PROVISIONS

Article 1 Scope

1. This Regulation establishes a common organisation of the markets for the products of the following sectors as further set out in Annex I:

(a) cereals, Part I of Annex I (hereinafter referred to as "the cereals sector");

(b) rice, Part II of Annex I (hereinafter referred to as "the rice sector");

(c) sugar, Part III of Annex I (hereinafter referred to as "the sugar sector";

(d) dried fodder, Part IV of Annex I (hereinafter referred to as "the dried fodder sector");

(e) seeds, Part V of Annex I (hereinafter referred to as "the seeds sector");

(f) hops, Part VI of Annex I (hereinafter referred to as "the hops sector");

(g) olive oil and table olives, Part VII of Annex I (hereinafter referred to as "the olives sector");

(h) flax and hemp, Part VIII of Annex I (hereinafter referred to as "the flax and hemp sector");

(i) fruit and vegetables, Part IX of Annex I (hereinafter referred to as "the fruit and vegetables sector");

(j) processed fruit and vegetables, Part X of Annex I (hereinafter referred to as "the processed fruit and vegetables sector");

(k) bananas, Part XI of Annex I (hereinafter referred to as "the bananas sector");

(l) wine, Part XII of Annex I (hereinafter referred to as "the wine sector"); ;

(m) live plants, Part XIII of Annex I (hereinafter referred to as "the live plants sector");

(n) raw tobacco, Part XIV of Annex I (hereinafter referred to as "the raw tobacco sector");

(o) beef and veal, Part XV of Annex I (hereinafter referred to as "the beef and veal sector");

(p) milk and milk products, Part XVI of Annex I (hereinafter referred to as "the milk and milk products sector");

(q) pigmeat, Part XVII of Annex I (hereinafter referred to as "the pigmeat sector");

(r) sheep meat and goat meat, Part XVIII of Annex I (hereinafter referred to as "the sheep meat and goat meat sector");

(s) eggs, Part XIX of Annex I (hereinafter referred to as "the eggs sector");

(t) poultry meat, Part XX of Annex I (hereinafter referred to as "the poultry sector");

(u) other products, Part XXI of Annex I.

2. In respect of the fruit and vegetables, processed fruit and vegetables, and wine sectors, only the following provisions of this Regulation shall apply:

(a) Articles 3 and 4;

(b) Part IV;

(c) Article 183 ;

(d) Article 184;

(e) Article 185;

(f) Article 188 and the first paragraph of Article 189;

(g) point (a) of Article 195.

3. This Regulation establishes specific measures for the following sectors as listed and, as the case may be, further defined in Annex II:

(a) ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter referred to as "the ethyl alcohol sector");

(b) apiculture products, Part II of Annex II (hereinafter referred to as "the apiculture sector");

(c) silkworms, Part III of Annex II (hereinafter referred to as "the silkworm sector");

Article 2 Definitions

1. For the purposes of application of this Regulation, the definitions concerning certain sectors as set out in Annex III shall apply.

2. For the purposes of this Regulation:

(a) 'farmer' shall mean a farmer as defined in Article 2(a) of Regulation (EC) No 1782/2003;

(b) 'paying agency' shall mean the body or the bodies assigned by a Member State in accordance with Regulation (EC) No 1290/2005.

Article 3 Marketing years

1. The following marketing years shall be established:

(a) 1 January to 31 December of a given year for the banana sector;

(b) 1 April to 31 March of the following year for:

(i) the dried fodder sector,

(ii) the silkworm sector;

(c) 1 July to 30 June of the following year for:

(i) the cereals sector,

(ii) the seeds sector,

(iii) the olives sector,

(iv) the flax and hemp sector,

(v) the milk and milk products sector;

(d) 1 August to 31 July of the following year for the wine sector;

(e) 1 September to 31 August of the following year for the rice sector;

(f) 1 October to 30 September of the following year for the sugar sector.

2. For the products of the fruit and vegetables and processed fruit and vegetables sectors, the marketing years shall, if necessary, be fixed by the Commission.

Article 4 Implementing rules

The Commission may adopt the detailed rules for the application of Articles 2 and 3, in particular concerning the fixing of the conversion rates for rice at various stages of processing, the processing costs and the value of by-products.

The Commission may amend the definitions concerning rice set out in Part I of Annex III and the definition of "ACP/Indian sugar" set out in point 12 of Part II of that Annex.

PART II INTERNAL MARKET

TITLE I MARKET INTERVENTION

CHAPTER I PUBLIC INTERVENTION AND PRIVATE STORAGE

SECTION I GENERAL PROVISIONS

ARTICLE 5 Scope

1. This Chapter lays down the rules concerning, where applicable, buying-in under public intervention and the granting of aids for private storage with regard to the following sectors:

(a) cereals,

(b) rice,

(c) sugar,

(d) olives,

(e) beef and veal,

(f) milk and milk products,

(g) pigmeat,

(h) sheep meat and goat meat;

2. For the purposes of this Chapter:

(a) "cereals" shall mean cereals harvested in the Community,

(b) "milk" shall mean cow's milk produced in the Community,

(c) "skimmed milk" shall mean skimmed milk obtained directly and exclusively from cow's milk produced in the Community,

(d) "cream" shall mean cream obtained directly and exclusively from milk.

Article 6 Community origin

Without prejudice to Article 5(2) only products originating in the Community shall be eligible for buying-in under public intervention or for the granting of aid for their private storage.

Article 7 Reference prices

1. For products subject to the intervention measures referred to in Article 5(1) the following reference prices shall be fixed:

(a) as regards the cereals-sector:

EUR 101,31/tonne, monthly increased as follows:

- November: by EUR 0,46/tonne,

- December: by EUR 0,92/tonne,

- January: by EUR 1,38/tonne,

- February: by EUR 1,84/tonne,

- March: by EUR 2,30/tonne,

- April: by EUR 2,76/tonne,

- May: by EUR 3,22/tonne,

- June: by EUR 3,22/tonne.

The price valid for maize and grain sorghum in June shall remain valid in July, August and September of the same year;

(b) as regards paddy rice, EUR 150/tonne for standard quality as defined by the Commission taking into account the market and trade environment and any relevant developments thereof, in particular the marketable quality and yield characteristics and the moisture content;

(c) as regards sugar:

(i) for white sugar:

- EUR 541,5/tonne for the marketing year 2008/2009,

- EUR 404,4/tonne as from the marketing year 2009/2010;

(ii) for raw sugar:

- EUR 448,8/tonne for the marketing year 2008/2009,

- EUR 335,2/tonne as from the marketing year 2009/2010.

The reference prices referred to in points (i) and (ii) shall apply to unpacked sugar, ex factory of standard quality as defined by the Commission taking into account the market and trade environment and any relevant developments thereof, in particular the marketable quality characteristics with regard to white sugar and, with regard to raw sugar, its yield in white sugar;

(d) as regards the beef and veal sector, EUR 2 224/tonne for carcases of male bovine animals of standard quality as defined by the Commission in the Community scale for grading carcases in accordance with point (a) of Article 39(1);

(e) as regards the milk and milk products sector:

(i) EUR 246,39 per 100 kg for butter;

(ii) EUR 174,69 per 100 kg for skimmed milk powder;

(f) As regards the pigmeat sector, EUR 1509,39/tonne for pig carcases of standard quality as defined by the Commission in the Community scale for grading carcases in accordance with point (b) of Article 39(1).

2. The Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty, may change the reference prices fixed in paragraph 1 of this Article in the light of developments in production and the markets.

Article 8 Price reporting in the sugar market

The Commission shall set up an information system on prices in the sugar market, including a system for the publication of price levels for the sugar market.

The system shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated with confidentiality. The Commission shall ensure that the information published shall not permit to identify the prices of individual undertakings or operators;

SECTION IIPUBLIC INTERVENTION

SUBSECTION IGENERAL PROVISIONS

Article 9 Products eligible for public intervention

Public intervention shall be applicable in respect of the following products subject to the conditions stipulated in this Section and further requirements and conditions to be determined by the Commission in accordance with Article 40:

(a) common wheat, durum wheat, barley, maize and sorghum;

(b) paddy rice;

(c) any white or raw sugar provided that the sugar concerned has been produced under quota and manufactured from beet or cane harvested in the Community;

(d) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;

(e) butter produced directly and exclusively from pasteurised cream in an approved undertaking of the Community of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;

(f) skimmed milk powder of top quality made by the spray process and obtained in an approved undertaking of the Community, directly and exclusively from skimmed milk, with a minimum protein-content of 35,6 % by weight of the non-fatty dry extract.

SUBSECTION IIOPENING AND SUSPENSION OF BUYING- IN

Article 10 Cereals

1. For cereals products public intervention shall be open:

(a) from 1 August to 30 April in the case of Greece, Spain, Italy and Portugal;

(b) from 1 December to 30 June in the case of Sweden;

(c) from 1 November to 31 May in the case of the other Member States.

2. In the event of the intervention period in Sweden leading to the diversion of such cereals products from other Member States into intervention in Sweden, the Commission shall adopt the measures to rectify the position.

Article 11 Rice

For paddy rice public intervention shall be open during the period 1 April to 31 July. However, buying into public intervention shall only be carried out within the limits of 75 000 tonnes per period.

Article 12 Sugar

1. For sugar public intervention shall be open throughout the marketing years 2008/2009 and 2009/2010. However, public intervention shall only be carried out within the limits of 600 000 tonnes, expressed in white sugar, per marketing year.

2. Sugar stored in accordance with the provisions of paragraph 1 during a marketing year may not be subject to any other storage measures in accordance with Articles 29, 49 or 60.

Article 13 Beef and veal

1. The Commission shall open public intervention for beef and veal if, for a period of two consecutive weeks, the average market price in a Member State or in a region of a Member State recorded on the basis of the Community scale adopted in accordance with point (a) of Article 39(1) falls short of EUR 1 560/tonne.

2. The Commission shall close the public intervention when during at least one week the condition referred to in paragraph 1 is no longer met.

Article 14 Butter

1. If, for a period of two consecutive weeks, market prices for butter in one or more Member States, are less than 92 % of the reference price, the Commission shall open public intervention for butter in the Member State or Member States concerned during the period 1 March to 31 August of any year.

2. Once the market prices of butter in the Member State or Member States concerned, over a period of two consecutive weeks, are 92 % or more of the reference price, the Commission shall suspend buying-in by public intervention.

Moreover, where the quantities offered for intervention during the period stipulated in the first subparagraph exceed 30 000 tonnes, the Commission may suspend buying-in by public intervention. In that case, buying-in may be carried out on the basis of a tendering procedure according to specifications to be determined by the Commission.

3. The Commission shall lay down the detailed rules for the establishment of the market prices for butter.

Article 15 Skimmed milk powder

For skimmed milk powder public intervention shall be open during the period 1 March to 31 August.

However, the Commission may suspend public intervention as soon as the quantities offered for intervention in that period exceed 109 000 tonnes. In that case buying-in may be carried out on the basis of a tendering procedure according to specifications to be determined by the Commission.

SUBSECTION IIIINTERVENTION PRICE

Article 16 Cereals

The intervention price for cereals at which buying in shall take place shall be equal to the reference price.

However, if the quality of the products offered to the paying agency differs from the standard quality, the intervention price shall be adjusted by applying price increases or reductions.

Article 17 Rice

The intervention price for rice at which buying in shall take place shall be equal to the reference price.

However, if the quality of the products offered to the paying agency differs from the standard quality, the intervention price shall be adjusted by applying price increases or reductions.

Moreover price increases and reductions may be fixed by the Commission in order to ensure that production is orientated towards certain varieties.

Article 18 Sugar

Sugar shall be bought in at 80 % of the 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 referred to in point (c) of Article 7(1) for which the reference price is fixed, the intervention price shall be increased or reduced accordingly.

Article 19 Beef and veal

1. For beef and veal the intervention prices and the quantities accepted for intervention shall be determined by the Commission by means of tendering procedures. In special circumstances, they may be fixed per Member State or per region of a Member State on the basis of recorded average market prices.

2. Only offers equal to or less than the average market price recorded in a Member State or a region of a Member State and increased by an amount to be determined by the Commission on the basis of objective criteria may be accepted.

Article 20 Butter

Without prejudice to the fixing of the intervention price by means of a tendering procedure in the case referred to in the second subparagraph of Article 14(2), butter shall be bought in at 90 % of the reference price.

Article 21 Skimmed milk powder

Without prejudice to the fixing of the intervention price by means of a tendering procedure in the case referred to in the second paragraph of Article 15, the intervention price for skimmed milk powder at which buying in shall take place shall be equal to the reference price.

However, if the actual protein content is less than the minimum protein content of 35,6 % fixed in point (f) of Article 9but not less than 31,4 % of the non-fatty dry extract, the intervention price shall be equal to the reference price less 1,75 % for each percentage point by which the protein content is lower than 35,6 %.

SUBSECTION IVDISPOSAL FROM INTERVENTION

Article 22 General principles

Disposal of products bought into public intervention shall take place in such a way as to avoid any disturbance of the market and to ensure equal access to goods and equal treatment of purchasers.

Article 23 Sugar disposal

As regards sugar bought-in under public intervention, paying agencies may sell sugar only at a price which is higher than the reference price fixed for the marketing year in which the sale takes place.

However, the Commission may decide, whilst respecting the commitments resulting from agreements concluded in accordance with Article 300 of the Treaty, that paying agencies:

(a) may sell sugar at a price equal to or lower than the reference price referred to in the first subparagraph if the sugar is intended:

(i) for use as animal feed, or

(ii) for export, either without further processing or after processing into products listed in Annex I to the Treaty or into goods listed in Part III of Annex XVII to this Regulation.

(b) are to make unprocessed sugar held by them available, for human consumption on the internal market of the Community, to charitable organisations — recognised by the Member State concerned or by the Commission in cases where a Member State has not recognised any such organisation — at a price which is lower than the current reference price or free of charge for the distribution as part of individual emergency aid operations.

Article 24 Distribution to the most deprived persons in the Community

1. Products which are in intervention stocks shall be made available to certain designated organisations to enable food to be distributed to the most deprived persons in the Community in accordance with an annual plan.

The distribution shall be:

(a) free of charge, or

(b) at a price which in no case is greater than that justified by the costs incurred by the designated organisations in implementing the action.

2. A product may be mobilised on the Community market where:

(a) it is temporarily unavailable in Community intervention stocks during implementation of the annual plan referred to in paragraph 1, to the extent necessary to allow implementation of the plan in one or more Member States, or

(b) implementation of the plan would involve the transfer between Member States of small quantities of products in intervention in a Member State other than that or those in which the product is required.

3. Member States concerned shall designate the organisations referred to in paragraph 1 and shall notify the Commission in due time each year if they wish to apply this scheme.

4. Products referred to in paragraphs 1 and 2 shall be released free of charge to the designated organisations. The accounting value of such products shall be the intervention price, adjusted by coefficients where necessary to take account of quality differences.

5. Without prejudice to Article 183, the products made available under the provisions of paragraphs 1 and 2 of this Article shall be financed by appropriations in the relevant budgetary heading within the EAGF of the budget of the European Communities. Provision may also be made for this financing to contribute towards the costs of transport of products from intervention centres and for administrative costs for the designated organisations generated by the implementation of the scheme set out in this Article, excluding any costs which may be borne by the beneficiaries within the framework of the application of paragraphs 1 and 2.

SECTION IIIPRIVATE STORAGE

SUBSECTION IMANDATORY AID

Article 25 Eligible products

Aid for private storage shall be granted for the following products subject to the conditions set-out in this Section and further requirements and conditions to be adopted by the Commission in accordance with Article 40:

(a) in respect of butter:

(i) cream,

(ii) unsalted butter produced from cream or milk in an approved undertaking of the Community of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %,

(iii) salted butter produced from cream or milk in an approved undertaking of the Community of a minimum butterfat content, by weight, of 80 %, a maximum water content, by weight, of 16 % and a maximum salt content, by weight, of 2 %;

(b) in respect of cheese:

(i) Grana Padano cheese at least nine months old,

(ii) Parmigiano Reggiano cheese at least 15 months old,

(iii) Provolone cheese at least three months old.

Article 26 Conditions and aid-level for butter

The butter shall be classified according to national quality grades to be determined by the Commission and shall be marked accordingly.

The amount of aid shall be fixed by the Commission in the light of storage costs and the likely trend in prices for fresh butter and butter from stocks.

Where, at the time of removal from storage, an adverse change unforeseeable at the time of entry into storage has occurred on the market, the aid may be increased.

Article 27 Conditions and aid-level for cheese

The conditions for, and amount of, aid to be paid for cheese shall be laid down by the Commission. The amount of aid shall be fixed taking account of storage costs and the likely trend of the market price.

The paying agency designated by the Member State in which the cheeses concerned are produced and qualify to bear the designation of origin shall implement the measures taken by the Commission pursuant to the first paragraph.

SUBSECTION IIOPTIONAL AID

Article 28 Eligible products

1. Aid for private storage may be granted in respect of the following products subject to the conditions set-out in this Section and further requirements and conditions to be adopted by the Commission in accordance with Article 40:

(a) white sugar;

(b) olive oil;

(c) fresh or chilled meat of adult bovine animals presented in the form of carcases, half-carcases, compensated quarters, forequarters or hindquarters, classified in accordance with the Community scale adopted in accordance with point (a) of Article 39(1);

(d) skimmed milk powder of top quality, obtained in an approved undertaking of the Community directly and exclusively from skimmed milk;

(e) longkeeping cheeses and cheeses which are manufactured from sheep and/or goat's milk and require at least six months maturing;

(f) pigmeat;

(g) sheepmeat and goatmeat.

The Commission may amend the list of products referred to in point (c) of the first subparagraph if the market situation so requires

2. The Commission shall fix the aid for private storage referred to in paragraph 1 in advance or by means of tendering procedures.

Article 29 Conditions of granting for white sugar

1. If the average Community price recorded for white sugar is below the reference price, during a representative period, and is likely to remain at that level, taking into account the market situation, the Commission may decide to grant aid for private storage of white sugar to undertakings which are allocated a sugar quota.

2. Sugar stored in accordance with the provisions of paragraph 1 during a marketing year may not be subject to any other storage measures in accordance with Articles 12, 49 or 60.

Article 30 Conditions of granting for olive oil

The Commission may decide to authorise bodies offering sufficient guarantees, and approved by the Member States, to conclude contracts for the storage of olive oil that they market, in the event of a serious disturbance on the market in certain regions of the Community, inter alia when the average price recorded on the market during a representative period is less than:

(a) EUR 1 779/tonne for extra virgin olive oil, or

(b) EUR 1 710/tonne for virgin olive oil, or

(c) EUR 1 524/tonne for lampante olive oil having 2 degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity.

Article 31 Conditions of granting for products of the beef and veal sector

When the average Community market price recorded on the basis of the Community scale adopted in accordance with point ( a) of Article 39(1) is, and is likely to remain, at less than 103 % of the reference price, the Commission may decide to grant aid for private storage.

Article 32 Conditions of granting for skimmed milk powder

The Commission may decide to grant aid for private storage for skimmed milk powder in particular if trends in prices and stocks of the products indicate a serious imbalance in the market which could be avoided or reduced by means of seasonal storage.

Article 33 Conditions of granting for cheese

1. If price developments and the stock situation for the cheese products referred to in point ( e) of Article 28(1) indicate a serious imbalance of the market which may be eliminated or reduced by seasonal storage, the Commission may decide to grant aid for private storage.

2. If at the time the storage contract expires, the level of market prices for cheeses in store is higher than that prevailing when the contract was signed, the Commission may decide to adjust the amount of aid accordingly.

Article 34 Conditions of granting for pigmeat

1. When the average Community market price for pig carcases as established by reference to the prices recorded in each Member State on the representative markets of the Community and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State, is, and is likely to remain, at less than 103 % of the reference price, the Commission may decide to grant aid for private storage.

2. The Commission shall establish a list of the representative markets referred to in the paragraph 1.

Article 35 Conditions of granting for sheepmeat and goatmeat

The Commission may decide to grant aid for private storage when there is a particularly difficult market situation for sheep meat and goat meat in one or more of the following quotation areas:

(a) Great Britain;

(b) Northern Ireland;

(c) every Member State other than the United Kingdom, taken separately.

SECTION IV COMMON PROVISIONS

Article 36 Rules concerning storage

1. Paying agencies may not store, outside the territory of the Member State within whose jurisdiction they fall, products they have bought in unless they have obtained prior authorisation by the Commission.

The territories of Belgium and Luxembourg shall be considered as a single Member State for the purposes of this Article.

2. Authorisation shall be granted if storage is essential and taking into account the following factors:

(a) storage possibilities and storage requirements in the Member State within whose jurisdiction the paying agency falls and in other Member States;

(b) any additional costs resulting from storage in the Member State within whose jurisdiction the paying agency falls and from transportation.

3. Authorisation for storage in a third country shall only be granted if, on the basis of the criteria set out in paragraph 2, storage in another Member State creates significant difficulties.

4. The information referred to in point (a) of paragraph 2 shall be drawn up after consulting all the Member States.

5. Any customs duties and any other amounts to be granted or levied under the common agricultural policy shall not apply to products:

(a) transported following an authorisation granted under paragraphs 1, 2 and 3, or

(b) transferred from one paying agency to another.

6. Any paying agency which uses an authorisation granted under paragraphs 1, 2 and 3 shall remain responsible for products stored outside the territory of the State within whose jurisdiction it falls.

7. If products held by a paying agency outside the territory of the Member State within whose jurisdiction it falls are not brought back into that Member State, they shall be disposed of at the prices and subject to the conditions laid down or to be laid down for the place of storage.

Article 37 Rules for tendering procedures

Tender procedures shall ensure equality of access of all persons concerned.

In the selection of tenders preference shall be given to those which are most favourable to the Community. In any case, the award of a contract shall not necessarily ensue.

Article 38 Intervention centres

1. The Commission shall designate the intervention centres at which products of the cereals and rice sectors bought-in under public intervention may be stored, and the conditions applying thereto.

In respect of products of the cereals sector, the Commission may designate intervention centres for each cereal.

2. When drawing-up the list of intervention centres the Commission shall in particular take account of the following factors:

(a) situation of the centres in surplus areas in respect of the products concerned;

(b) availability of sufficient premises and technical equipment;

(c) favourable situation as regards means of transport.

Article 39 Carcase classification

1. Community scales for the classification of carcases, including the rules concerning the reporting of prices of certain products by the Member States, shall be established by the Commission in respect of the following sectors:

(a) beef and veal as regards adult bovine animals;

(b) pigmeat;

(c) sheep meat and goat meat.

2. In establishing the Community scales referred to in paragraph 1, the Commission shall be guided, in particular, by the following criteria:

(a) for carcases of adult bovine animals the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases;

(b) for pig carcases the scale shall classify carcases on the basis of their lean-meat content in relation to their weight, operate using the principle of direct establishment of the lean-meat percentage on the basis of objective measurement and provide for the division of carcases into classes and their identification;

(c) for sheep and goat carcases, the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases.

With regard to carcases of light lambs other criteria may be used, in particular weight, meat colour and fat colour.

Article 40 Implementing rules

Without prejudice to any specific competences conferred upon the Commission by the provisions of this Chapter, the Commission shall adopt the detailed rules for the implementation of this Chapter, which may relate in particular to:

(a) the requirements and conditions to be met by the products to be bought-into public intervention as referred to in Article 9 or for which aid for private storage is granted as referred to in Articles 25 and 28, in particular with respect to quality, quality groups, quality grades, categories, quantities, packaging including its labelling, maximum ages, preservation, the stage of the products to which the intervention price relates, and the duration of private storage.

(b) where applicable, the scale of price increases and reductions;

(c) the procedures and conditions for taking over by paying agencies and the granting of aid for private storage, in particular:

(i) with regard to the conclusion and the content of contracts;

(ii) the duration of the period of private storage and the conditions according to which such periods, once specified in the contracts, may be curtailed or extended;

(iii) the conditions according to which it may be decided that products covered by private storage contracts may be remarketed or disposed of;

(iv) the Member State where a request for private storage may be submitted.

(d) the rules as regards the conditions for disposal of products bought-in under public intervention, in particular as regards selling prices, the conditions for release from storage, where appropriate, the subsequent use or destination of products thus released, checks to be carried out and, as the case may be, a system of securities to be applied;

(e) the setting-up of the annual plan referred to in Article 24(1);

(f) the condition of mobilisation on the Community market referred to in Article 24(2);

(g) the rules concerning the authorisations referred to in Article 36 including, as far as strictly necessary, derogations from the rules on trade;

(h) the rules relating to the procedures to be followed in the case of the making use of tendering procedures;

(i) the rules concerning the determination of intervention centres referred to in Article 38.

CHAPTER II SPECIAL INTERVENTION MEASURES

SECTION I EXCEPTIONAL MARKET SUPPORT MEASURES

ARTICLE 41 Animal diseases

1. The Commission may adopt exceptional support measures for the affected market in order to take account of restrictions on intra-Community and third-country trade which may result from the application of measures for combating the spread of diseases in animals.

The measures provided for in the first subparagraph shall apply to the following sectors:

(a) beef and veal,

(b) milk and milk products,

(c) pigmeat,

(d) sheep meat and goat meat,

(e) eggs,

(f) poultry.

2. The measures provided for in the first subparagraph of paragraph 1 shall be taken at the request of the Member State(s) concerned.

They may be taken only if the Member State(s) concerned has (have) taken health and veterinary measures quickly to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

Article 42 Loss in consumer confidence

With regard to poultry meat and eggs, the Commission may adopt exceptional measures of support for the market in order to take account of serious market disturbances attributed to a loss in consumer confidence due to public health, or animal health risks.

Those measures shall be taken at the request of the Member State(s) concerned.

Article 43 Financing

1. For exceptional measures referred to in Articles 41 and 42, the Community shall provide part-financing equivalent to 50 % of the expenditure borne by Member States.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheep meat and goat meat sectors, the Community shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

2. Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in distortion of competition between producers in different Member States.

3. Articles 87, 88 and 89 of the Treaty shall not apply to Member States’ financial contributions towards the exceptional measures referred to in Articles 41 and 42.

SECTION II MEASURES IN THE CEREALS AND RICE SECTORS

ARTICLE 44 Special market measures in the cereals sector

1. Where the market situation so dictates, the Commission may take special intervention measures in respect of the cereals sector.

2. The nature and application of the special intervention measures and the conditions and procedures for the sale or for any other means of disposal of the products subject to those measures shall be adopted by the Commission.

Article 45 Special market measures in the rice sector

1. The Commission may take special measures to:

(a) prevent large-scale application of public intervention in the rice sector in accordance with the provisions of Section II of Chapter I of this Part in certain regions of the Community;

(b) make up for paddy rice shortages following natural disasters.

2. The Commission shall adopt the detailed rules for the implementation of this Article.

SECTION III MEASURES IN THE SUGAR SECTOR

ARTICLE 46 Minimum beet price

1. The minimum price for quota beet shall be:

(a) EUR 27,83 per tonne for the marketing year 2008/2009;

(b) EUR 26,29 per tonne as from the marketing year 2009/2010.

2. The minimum price referred to in paragraph 1 shall apply to sugar beet of sound and fair merchantable quality as defined by the Commission, having a sugar content of 16 % at the reception point.

When laying down the quality of sugar beet referred to in the first subparagraph, the Commission shall take into account its market and trade environment and any developments thereof and, in particular its marketable quality characteristics.

3. Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality.

Increases and reductions referred to in the first subparagraph shall be applied in accordance with implementing rules to be laid down by the Commission.

4. For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 61, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet.

Article 47 Interprofessional agreements

1. Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms to be determined by the Commission, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

2. The terms for buying sugar beet and sugar cane shall be governed by agreements within the trade concluded between Community growers of these raw materials and Community sugar undertakings.

3. In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be:

(a) quota sugar,

(b) out-of-quota sugar.

4. Each sugar undertaking shall provide the Member State in which it produces sugar with the following information:

(a) the quantities of beet referred to in point (a) of paragraph 3, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based;

(b) the corresponding estimated yield.

Member States may require additional information.

5. Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet for a quantity of beet equivalent to their quota sugar shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar.

6. Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 3 and 4.

7. If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.

Article 48 Production charge

1. A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup.

2. The production charge shall be set at EUR 12,00 per tonne of the quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the charge applicable to sugar.

3. The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned.

Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest.

4. Community sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50 % of the production charge concerned.

Article 49 Withdrawal of sugar

1. In order to preserve the structural balance of the market at a price level which is close to the reference price, taking into account the commitments of the Community resulting from agreements concluded in accordance with Article 300 of the Treaty, a percentage, common to all Member States, of quota sugar, quota isoglucose and quota inulin syrup may be withdrawn from the market until the beginning of the following marketing year.

In that case, the traditional supply need for refining imported raw sugar referred to in Article 147 shall be reduced by the same percentage for the marketing year concerned.

2. The withdrawal percentage referred to in paragraph 1 shall be determined by 31 October of the marketing year concerned at the latest on the basis of expected market trends during that marketing year.

3. Each undertaking provided with a quota shall store at its own expense during the period of withdrawal the quantities of sugar corresponding to the application of the percentage referred to in paragraph 1 to its production under quota for the marketing year concerned.

The sugar quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year. However, taking into account the expected sugar market trends, the Commission may decide to consider, for the current and/or the following marketing year, all or part of the withdrawn sugar, isoglucose or inulin syrup as:

(a) surplus sugar, surplus isoglucose or surplus inulin syrup available to become industrial sugar, industrial isoglucose or industrial inulin syrup, or

(b) temporary quota production of which a part may be reserved for export respecting commitments of the Community resulting from agreements concluded in accordance with Article 300 of the Treaty.

4. If sugar supply in the Community is inadequate, the Commission may decide that a certain quantity of withdrawn sugar, isoglucose and inulin syrup may be sold on the Community market before the end of the period of withdrawal.

5. Sugar stored in accordance with the provisions of this Article during a marketing year may not be subject to any other storage measures in accordance with Articles 12, 29 or 60.

Article 50 Implementing rules

The Commission may adopt the detailed rules for the implementation of this Section and, in particular:

(a) the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 47(4);

(b) the percentage of withdrawn quota sugar referred to in Article 49(1);

(c) the conditions for the payment of the minimum price in case the withdrawn sugar is being sold on the Community market under Article 49(4).

SECTION IV ADJUSTMENT OF SUPPLY

ARTICLE 51 Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may take the following measures in respect of the live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors:

(a) measures to improve quality;

(b) measures to promote better organisation of production, processing and marketing;

(c) measures to facilitate the recording of market price trends;

(d) measures to permit the establishment of short and long-term forecasts on the basis of the means of production used.

CHAPTER III SYSTEMS OF PRODUCTION LIMITATION

SECTION I GENERAL PROVISIONS

Article 52 Quota systems

1. A quota system shall apply to the following products:

(a) milk and other milk products as defined in points (a) and (b) of Article 62;

(b) sugar, isoglucose and inulin syrup.

2. If a producer exceeds the relevant quota and, with regard to sugar, does not make an allowed use of the surplus quantities, a surplus levy shall be payable on such quantities.

SECTION II SUGAR

SUBSECTION IQUOTA ALLOCATION AND MANAGEMENT

Article 53 Quota allocation

1. The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex IV.

2. The Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in its territory and approved in accordance with Article 54.

For each undertaking, the allocated quota shall be equal to the quota under Regulation (EC) No 318/2006 which was allocated to the undertaking for the marketing year 2007/2008.

3. In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.

Article 54 Approved undertakings

1. On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 59(2) provided that the undertaking:

(a) proves its professional production capacities;

(b) agrees to provide any information and to be subject to controls related to this Chapter;

(c) is not subject to suspension or withdrawal of the approval.

2. The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information:

(a) the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare;

(b) data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks;

(c) quantities of white sugar sold and corresponding prices and conditions.

Article 55 Additional and supplementary isoglucose quota

1. In the marketing year 2008/2009 a further isoglucose quota of 100 000 tonnes shall be added to the quota of the preceding marketing year.

Member States shall allocate the additional quotas to undertakings, proportionately to the isoglucose quotas that have been allocated in accordance with Article 53(2).

2. Italy, Lithuania and Sweden may allocate, upon request by any undertaking established on their respective territories a supplementary isoglucose quota which shall apply until the marketing year 2009/2010. The maximum supplementary quotas are fixed per Member State in Annex V.

3. A one-off amount of EUR 730 shall be levied on the quotas that have been allocated to undertakings in accordance with paragraph 2. It shall be collected per tonne of supplementary quota allocated.

Article 56 Quota management

1. The Commission shall adjust the quotas set out in Annex IV by the end of February of the previous marketing year at the latest for each of the marketing years 2008/2009, 2009/2010 and 2010/2011. The adjustments shall result from the application of paragraph 2 of this Article and Article 55 of this Regulation and of Article 3 of Regulation (EC) No 320/2006.

2. Taking into account the results of the restructuring scheme provided for in Regulation (EC) No 320/2006, the Commission shall fix, by 28 February 2010 at the latest, the common percentage needed to reduce the existing quotas for sugar, isoglucose and inulin syrup per Member State or region with a view to avoiding market imbalances in the marketing years as from 2010/2011.

3. The Member States shall adjust the quota of each undertaking accordingly.

Article 57 National quota reallocation

1. A Member State may reduce the sugar or isoglucose quota as allocated to an undertaking established on its territory by up to 10 % for each marketing year.

2. Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex VI and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers.

3. The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota.

SUBSECTION IIQUOTA OVERRUN

Article 58 Scope

The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 53 may be:

(a) used for the processing of certain products as referred to in Article 59;

(b) carried forward to the quota production of the next marketing year, in accordance with Article 60;

(c) used for the specific supply regime for the outermost regions, in accordance with Title II of Council Regulation (EC) No 247/2006[58];

or

(d) exported within the quantitative limit fixed by the Commission respecting the commitments resulting from agreements concluded in accordance with Article 300 of the Treaty.

Other quantities shall be subject to the surplus levy referred to in Article 61.

Article 59 Industrial sugar

1. Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when:

(a) it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 54;

and

(b) it has been delivered to the user by 30 November of the following marketing year at the latest.

2. The Commission shall draw up a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup is used.

The list shall in particular include:

(a) bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into "Rinse appelstroop";

(b) certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup;

(c) certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.

Article 60 Carry forward of surplus sugar

1. Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable.

2. Undertakings which take the decision referred to in paragraph 1 shall:

(a) inform the Member State concerned before a date to be determined by this Member State:

- between 1 February and 30 June of the current marketing year for quantities of cane sugar being carried forward,

- between 1 February and 15 April of the current marketing year for other quantities of sugar or inulin syrup being carried forward;

(b) undertake to store such quantities at their own expense until the end of the current marketing year.

3. If an undertaking's definitive production in the marketing year concerned was less than the estimate made when the decision in accordance with paragraph 1 was taken, the quantity carried forward may be adjusted retroactively by 31 October of the following marketing year at the latest.

4. The quantities carried forward shall be deemed to be the first quantities produced under the quota of the following marketing year.

5. Sugar stored in accordance with the provisions of this Article during a marketing year may not be subject to any other storage measures in accordance with Articles 12, 29 or 49.

Article 61 Surplus levy

1. A surplus levy shall be levied on quantities of:

(a) surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 60 or quantities referred to in points (c) and (d) of Article 58;

(b) industrial sugar, industrial isoglucose and industrial inulin syrup for which no proof has been supplied, by a date to be determined by the Commission, that it has been processed in one of the products referred to in Article 59(2);

(c) sugar, isoglucose and inulin syrup withdrawn from the market in accordance with Article 49 and for which the obligations provided for in Article 49(3) are not met.

2. The surplus levy shall be fixed by the Commission at a sufficiently high level in order to avoid the accumulation of quantities referred to in paragraph 1.

3. The surplus levy paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned.

SECTION III MILK

SUBSECTION IGENERAL PROVISIONS

Article 62 Definitions

For the purposes of this Section:

(a) "milk" shall mean the produce of the milking of one or more cows;

(b) "other milk products" means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese; when relevant, these shall be converted into "milk equivalents" by applying coefficients to be fixed by the Commission;

(c) "producer" means a farmer with a holding located within the geographical territory of a Member State, who produces and markets milk or who is preparing to do so in the very near future;

(d) "holding" means a holding as defined in point (b) of Article 2 of Regulation (EC) No 1782/2003;

(e) "purchaser" means undertakings or groups which buy milk from producers:

- to subject it to collecting, packing, storing, chilling and processing, including under contract,

- to sell it to one or more undertakings treating or processing milk or other milk products.

However, any group of purchasers in the same geographical area which carries out the administrative and accounting operations necessary for the payment of the levy on behalf of its members shall be regarded as a purchaser. For the purposes of the first sentence of this subparagraph, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers;

(f) "delivery" means any delivery of milk, not including any other milk products, by a producer to a purchaser, whether the transport is carried out by the producer, a purchaser, an undertaking processing or treating such products or a third party;

(g) "direct sale" means any sale or transfer of milk by a producer directly to consumers, as well as any sale or transfer of other milk products by a producer. The Commission may, while respecting the definition of "delivery" given in point (f), adjust the definition of "direct sale" in order to ensure, in particular, that no quantity of milk or other marketed milk products is excluded from the quota arrangements;

(h) "marketing" means deliveries of milk or direct sales of milk or other milk products;

(i) "individual quota" means a producer's quota at 1 April of any twelve-month period;

(k) “national quota” means the quota referred to in Article 63, fixed for each Member State;

(l) "available quota" means the quota available to producers on 31 March of the twelve-month period for which the quota is established, taking account of all transfers, sales, conversions and temporary re-allocations provided for in this Regulation which have taken place during that twelve-month period.

SUBSECTION IIQUOTA ALLOCATION AND MANAGEMENT

Article 63 National quotas

1. The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2008 (hereinafter referred to as "twelve-month periods") are fixed in point 1 of Annex VII.

2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 64, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales.

3. The national quotas set out in point 1 of Annex VII shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States.

4. For Bulgaria and Romania a special restructuring reserve shall be established as set out in point 2 of Annex VII. This reserve shall be released as from 1 April 2009 to the extent that the on-farm consumption of milk and milk products in each of these countries has decreased since 2002.

The decision on releasing the reserve and its distribution to the deliveries and direct sales quota shall be taken by the Commission on the basis of a report to be submitted by Bulgaria and Romania to the Commission by 31 December 2008. This report shall detail the results and trends of the actual restructuring process in each country's dairy sector, and in particular the shift from production for on-farm consumption to production for the market.

5. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries.

Article 64 Individual quotas

1. The Member States shall establish the producers' individual quota or quotas on the basis of the individual reference quantity or quantities allocated in accordance with Chapter 2 of Regulation (EC) No 1788/2003 during the twelve-month period beginning on 1 April 2007.

2. Producers may have either one or two individual quotas, one for deliveries and the other for sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer.

3. Where a producer has two quotas, his contribution to any levy due shall be calculated separately for each one.

4. The part of the Finnish national quota allocated to the deliveries referred to in Article 63 may be increased by the Commission to compensate Finnish SLOM producers up to 200 000 tonnes. This reserve, to be allocated in accordance with Community legislation, must be used exclusively on behalf of producers whose right to take up production again has been affected as a result of accession.

5. Individual quotas shall be modified, where appropriate, for each of the twelve-month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adapted in accordance with Article 66, taking account of any reductions made for allocation to the national reserve as provided for in Article 68.

Article 65 Allocation of quotas from the national reserve

The Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 68 on the basis of objective criteria to be notified to the Commission.

Article 66 Management of quotas

1. The Commission shall adapt, for each Member State and for each period, before the end of that period, the division between "deliveries" and "direct sales" of national quotas, in the light of the conversions requested by producers, between individual quotas for deliveries and for sales.

2. Member States shall each year forward to the Commission, by dates and according to rules to be fixed by the Commission in accordance with Article 185(2), the information necessary to:

(a) make the adaptation referred to in paragraph 1 of this Article;

(b) calculate the surplus levy to be paid by them.

Article 67 Fat content

1. Each producer shall be assigned a reference fat content, to be applied to the individual quota or quotas allocated to that producer.

2. For the quotas allocated to producers on 31 March 2008 in accordance with Article 64(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date.

3. The reference fat content shall be altered during the conversion referred to in Article 64(2) and where quotas are acquired or transferred.

4. For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed by the Commission.

5. The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0,1 gram per kg the reference fat content set in Annex VIII.

For Romania the reference fat content set in Annex VIII shall be reviewed on the basis of the figures for the full year 2004 and, if necessary, adjusted by the Commission.

Article 68 National reserve

1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex VII, in particular with a view to making the allocations provided for in Article 65. The national reserve shall be replenished, as appropriate, by taking back some quantities as provided for in Article 69, retaining part of transfers as provided for in Article 73, or by making an across-the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales.

2. Any additional quota allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs.

3. The quotas placed in the national reserve shall not have a reference fat content.

Article 69 Cases of inactivity

1. When a natural or legal person holding individual quotas no longer meets the conditions referred to in point (c) of Article 62 during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, except where he once again becomes a producer within the meaning of point (c) of Article 62 no later than that date.

Where the person or entity concerned once again becomes a producer no later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn from that person or entity shall revert to him or it no later than 1 April following the date of application.

2. Where producers do not market a quantity equal to at least 70 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve.

Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing.

3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority.

Article 70 Temporary transfers

1. By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use.

Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 69(3) and determine to what extent the transferor can repeat transfer operations.

2. Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria:

(a) the need to facilitate structural changes and adjustments;

(b) overriding administrative needs.

Article 71 Transfers of quotas together with land

1. The individual quotas shall be transferred with the holding to the producers taking it over when it is sold, leased, transferred by actual or anticipated inheritance or any other means involving comparable legal effects for the producers, in accordance with detailed rules to be determined by the Member States, taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. The part of the quota which, where applicable, has not been transferred with the holding shall be added to the national reserve.

2. Where quotas have been or are transferred in accordance with paragraph 1 by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are solely attributed to producers, that the quota shall not be transferred with the holding.

3. Where land is transferred to the public authorities and/or for use in the public interest, or where the transfer is carried out for non-agricultural purposes, Member States shall ensure that the necessary measures are taken to protect the legitimate interests of the parties, and in particular that producers giving up such land are in a position to continue milk production if they so wish.

4. Where there is no agreement between the parties, in the case of tenancies due to expire without any possibility of renewal on similar terms, or in situations involving comparable legal effects, the individual quotas in question shall be transferred in whole or in part to the producer taking them over, in accordance with provisions adopted by the Member States, taking account of the legitimate interests of the parties.

Article 72 Special transfer measures

1. With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking account of the legitimate interests of the parties concerned:

(a) grant compensation in one or more annual instalments to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve;

(b) determine on the basis of objective criteria the conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period, the re-allocation by the competent authority or a body designated by that authority of individual quotas released definitively at the end of the preceding twelve-month period by other producers in return for compensation in one or more annual instalments equal to the abovementioned payment;

(c) centralise and supervise transfers of quotas without land;

(d) provide, in the case of land transferred with a view to improving the environment, for the individual quota concerned to be allocated to a producer giving up the land but wishing to continue milk production;

(e) determine, on the basis of objective criteria, the regions or collection areas within which the permanent transfer of quotas without transfer of the corresponding land is authorised, with the aim of improving the structure of milk production;

(f) authorise, upon application by a producer to the competent authority or a body designated by that authority, the definitive transfer of quotas without transfer of the corresponding land, or vice versa, with the aim of improving the structure of milk production at the level of the holding or to allow for extensification of production.

2. The provisions of paragraph 1 may be implemented at national level, at the appropriate territorial level or in specified collection areas.

Article 73 Retaining part of transfers

1. In the case of transfers as referred to in Articles 71 and 72 Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve.

2. Where quotas have been or are transferred in accordance with Articles 71 and 72 with or without the corresponding land by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are solely attributed to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve.

Article 74 Aid for the acquisition of quotas

No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section.

SUBSECTION IIIQUOTA OVERRUN

Article 75 Surplus levy

1. A surplus levy shall be payable on milk and other milk products marketed in excess of the national quota as established in accordance with Subsection II.

The levy shall be set, per 100 kilograms of milk, at EUR 27,83.

2. Member States shall be liable to the Community for the surplus levy resulting from overruns of the national quota, determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve-month period concerned, shall pay it, within the limit of 99 % of the amount due, to the EAGF.

3. If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee of the Agricultural Funds, the Commission shall deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 14 and 15(2) of Regulation (EC) No 1290/2005. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. The provisions of Article 14 of Council Regulation (EC) No 2040/2000[59] shall not apply.

4. The Commission shall determine the arrangements for the implementation of this Article.

Article 76 Contribution of producers to the surplus levy due

The surplus levy shall be entirely allocated, in accordance with Articles 77 and 80, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 63(2).

Without prejudice to Articles 77(3) and 80(1), producers shall be liable vis-à-vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 66, 67 and 77, for the mere fact of having overrun their available quotas.

Article 77 Surplus levy on deliveries

1. In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference between the real fat content and the reference fat content, using coefficients and on terms to be laid down by the Commission.

2. Where, at national level, the sum of deliveries adjusted in accordance with paragraph 1 is less than the deliveries actually made, the surplus levy shall be calculated on the basis of the latter. In such cases, each downward adjustment shall be proportionately reduced so as to bring the sum of adjusted deliveries into line with the deliveries actually made.

Where the sum of the deliveries adjusted in accordance with paragraph 1 is greater than the deliveries actually made, the surplus levy shall be calculated on the basis of the former.

3. Each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States:

(a) either at national level on the basis of the amount by which each producer's quota has been exceeded,

(b) or firstly at the level of the purchaser and thereafter at national level where appropriate.

Article 78 Role of purchasers

1. Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before a date and following a procedure to be laid down by the Commission, the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means.

2. Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content.

The first subparagraph shall also apply where a producer transfers from one purchaser to another.

3. Where, during the reference period, quantities delivered by a producer exceed that producer's available quota, the relevant Member State may decide that the purchaser shall deduct part of the price of the milk in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer's contribution, in accordance with detailed rules laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers.

Article 79 Approval

Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid by the Commission.

Conditions to be fulfilled and information to be provided by producers in the case of direct sales shall be established by the Commission.

Article 80 Surplus levy on direct sales

1. In the case of direct sales, each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been re-allocated, at the appropriate territorial level or at national level.

2. Member States shall establish the basis of calculation of the producer's contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission.

3. No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement.

4. The Commission shall determine how and when the surplus levy must be paid to the Member State's competent body.

Article 81 Amounts paid in excess or unpaid

1. Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may:

(a) use partially or totally the excess to finance the measures referred to in point (a) of Article 72(1), and/or

(b) redistribute it partially or totally to producers who:

- fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission, or

- are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set-up by this Chapter.

2. Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following twelve-month period.

3. Where a purchaser does not meet the obligation to collect the producers' contribution to the surplus levy in accordance with Article 78, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser.

4. Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears to be fixed by the Commission shall be paid to the Member State.

SECTION IV PROCEDURAL PROVISIONS

ARTICLE 82 Implementing rules

The Commission shall adopt the detailed rules for the application of this Chapter which may relate, in particular, to:

(a) the detailed rules for the application of Articles 58, 59, 60 and 61, in particular the conditions for granting production refunds, the amounts of such refunds and the eligible quantities;

(b) supplementary information to be submitted by approved undertakings referred to in Article 54 as well as the criteria for sanctions, suspensions and withdrawal of approval of the undertakings;

(c) the establishment of the amounts referred to in Articles 55 and 61;

(d) derogations from the dates laid down in Article 60.

CHAPTER IV AID SCHEMES

SECTION I AID FOR PROCESSING

SUBSECTION IDRIED FODDER

Article 83 Eligible undertakings

1. Aid for processing in respect of the products of the dried fodder sector shall be granted to undertakings processing products of that sector falling into at least one of the following categories:

(a) processors who have concluded contracts with producers of fodder for drying. Where a contract is a special-order contract for processing of fodder delivered by a producer, it shall include a clause containing an obligation for the processing undertakings to pay the producer the aid received for the quantity processed under the contract;

(b) undertakings which have processed its own crop or, in the case of a group, that of its members;

(c) undertakings which have obtained their supplies from natural or legal persons having concluded contracts with producers of fodder for drying.

2. The aid provided for in paragraph 1 shall be paid in respect of dried fodder that has left the processing plant and meets the following requirements:

(a) its maximum moisture content is from 11 % to 14 % which may vary depending on the presentation of the product;

(b) its minimum total crude protein content in the dry matter not less than:

(i) 15 % for the products referred to in point (a) and the second indent of point (b) of Part IV of Annex I;

(ii) 45 % for the products referred to in the first indent of point (b) of Part IV of Annex I;

(c) it is of sound and fair merchantable quality.

Article 84 Advance payment

1. Processing undertakings shall be entitl ed to an advance payment of EUR 19,80 per tonne, or EUR 26,40 per tonne if they have lodged a security of EUR 6,60 per tonne.

Member States shall make the necessary checks to verify entitlement to the aid. Once entitlement has been established the advance shall be paid.

However, the advance may be paid before entitlement has been established provided the processor lodges a security equal to the amount of the advance plus 10 %. This security shall also serve as security for the purposes of the first subparagraph. It shall be reduced to the level specified in the first subparagraph as soon as entitlement to aid has been established and shall be released in full when the balance of the aid is paid.

2. Before an advance can be paid the dried fodder must have left the processing undertaking.

3. Where an advance has been paid, the balance amounting to the difference between the amount of the advance and the total aid due to the processing undertaking shall be paid subject to application of Article 85(2).

4. Where the advance exceeds the total to which the processing undertaking is entitled following the application of Article 85(2), the processor shall reimburse the excess to the competent authority of the Member State on request.

Article 85 Aid rate

1. The aid provided for in Article 83 shall be set at EUR 33/tonne.

2. By way of derogation from paragraph 1, where during a marketing year the volume of dried fodder for which aid is claimed exceeds the guaranteed maximum quantity set out in Article 86, the aid shall be reduced in each Member State in which production exceeds the guaranteed national quantity by reducing expenditure as a function of the percentage of the sum of the overruns represented by the overrun of that Member State.

The reduction shall be set by the Commission at a level ensuring that budget expenditure does not exceed that which would have been attained had the maximum guaranteed quantity not been exceeded.

Article 86 Guaranteed quantity

A maximum guaranteed quantity per marketing year of 4 960 723 tonnes of dehydrated and/or sun-dried fodder for which the aid provided for in Article 83 may be granted is hereby established. That quantity shall be apportioned among the Member States concerned as national guaranteed quantities in accordance with point B of Annex IX.

Article 87 Implementing rules

The Commission shall adopt the detailed rules for the implementation of this Subsection which may, in particular, include rules concerning:

(a) declarations to be submitted by undertakings when applying for aid;

(b) conditions to be complied with for the determination of the eligibility for the aid, in particular as regards the keeping of stock records and other supporting documents;

(c) the granting of the aid provided for in this Subsection and the advance, as well as the release of the securities, provided for in Article 84(1);

(d) the conditions and criteria to be fulfilled by undertakings referred to in Article 83and, in the case where undertakings obtain their supplies from natural or legal persons, rules concerning the guarantees to be provided by those persons;

(e) the terms of approvals of buyers of fodder for drying, to be applied by the Member States;

(f) the criteria for determining the quality standards referred to in Article 83(2);

(g) the criteria to be fulfilled for the conclusion of contracts and information which they shall contain;

(h) the application of the maximum guaranteed quantity as referred to in Article 86;

(i) further requirements to those stipulated in Article 83, in particular on carotene and fibre content.

SUBSECTION IIFLAX AND HEMP GROWN FOR FIBRE

Article 88 Eligibility

1. Aid for processing the straw of flax and hemp grown for fibre shall be granted to authorised primary processors on the basis of the quantity of fibre actually obtained from straw for which a sale/purchase contract has been concluded with a farmer.

However, in cases where farmers retain ownership of the straw which they are having processed under contract by an authorised primary processor and prove that they have placed the fibres obtained on the market, the aid shall be granted to the farmers.

In cases where the authorised primary processor and the farmer are one and the same person, the sale/purchase contract shall be replaced by a commitment by the party concerned to carry out the processing itself.

2. For the purposes of this Subsection, "authorised primary processor" shall mean a natural or legal person or a group of natural or legal persons, irrespective of its legal status under national law, or that of its members, that has been authorised by the competent authority of the Member State in the territory of which are located its facilities for producing flax fibre.

Article 89 Aid rate

1. The amount of processing aid provided for in Article 88 shall be fixed at EUR 200 per tonne of long flax fibre.

2. The quantities of fibre eligible for aid shall be limited on the basis of the areas which were the subject of one of the contracts or commitments referred to in Article 88.

The limits referred to in the first subparagraph shall be fixed by the Member States so as to comply with the national guaranteed quantities referred to in Article 91.

Article 90 Advance payment

At the request of authorised primary processors, an advance shall be paid on the aid referred to in Article 88 on the basis of the quantity of fibre obtained.

Article 91 Guaranteed quantity

1. A maximum guaranteed quantity of 80 878 tonnes per marketing year 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 quantities in accordance with point A of Annex IX.

2. In cases where the fibre obtained in one Member State originates from straw produced in another Member State, the quantities of fibre concerned shall be offset against the national guaranteed quantity of the Member State in which the straw was harvested. The aid shall be paid by the Member State against whose national guaranteed quantity such an offset is made.

Article 92 Implementing rules

The Commission shall adopt the detailed rules for the implementation of this Subsection which may, in particular, include rules concerning:

(a) the conditions for authorisation of primary processors referred to in Article 88;

(b) the conditions to be met by approved primary processors as regards the sale/purchase contracts and commitments referred to in Article 88(1);

(c) the requirements to be complied with by farmers in the case referred to in the second subparagraph of Article 88(1);

(d) the criteria to be met by long flax fibre;

(e) the conditions for the grant of aid and the advance payment, and in particular proof of the processing of straw;

(f) the conditions to be met for fixing the limits referred to in Article 89(2);

SECTION II PRODUCTION REFUND

Article 93 Production refund for starch

1. A production refund may be granted:

(a) for starch obtained from maize, wheat or potatoes and for certain derivatives used in the manufacture of certain products, a list of which shall be drawn up by the Commission;

(b) in the absence of a significant domestic production of other cereals for the production of starch, for the following quantities of starch obtained each marketing year in Finland and Sweden from barley and oats, insofar as it does not entail an increase in the level of starch production from those two cereals:

(i) 50 000 tonnes in Finland,

(ii) 10 000 tonnes in Sweden.

2. The refund referred to in paragraph 1 shall be fixed by the Commission periodically.

Article 94 Production refund in the sugar sector

1. A production refund may be granted on the products of the sugar-sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 59(2)(b) and (c).

2. The production refund referred to in paragraph 1 shall be fixed taking into account in particular the costs arising from the use of imported sugar which the industry would have to bear in the event of supply on the world market and the price of the surplus sugar available on the Community market or the reference price if there is no surplus sugar.

Article 95 Conditions for granting

The Commission shall adopt the conditions for the granting of the production refunds referred to in this Section, as well as the amount of such refunds and the eligible quantities.

SECTION III AIDS IN THE MILK AND MILK PRODUCTS SECTOR

ARTICLE 96 Aid for skimmed milk and skimmed milk powder for use as feedingstuffs

1. Aid shall be granted for skimmed milk and skimmed-milk powder intended for use as feedingstuffs, according to conditions and product standards to be determined by the Commission.

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

2. Aid amounts shall be fixed by the Commission taking into account the following factors:

(a) the reference price fixed in point (e)(ii) of Article 7(1) for skimmed-milk powder;

(b) development of the supply situation as regards skimmed milk and skimmed-milk powder, and developments in the use thereof as feed;

(c) trends in calf prices;

(d) trends in the market prices for competing proteins as compared with those for skimmed-milk powder.

Article 97 Aid for skimmed milk processed into casein and caseinates

1. Aid shall be granted for Community-produced skimmed milk processed into casein and caseinates, according to conditions and product standards of such milk and the casein or caseinates produced from it to be determined by the Commission.

2. Aid shall be fixed by the Commission taking into account the following factors:

(a) the reference price for skimmed-milk powder, or the market price for first-quality spray-process skimmed-milk powder, if that price exceeds the reference price;

(b) the market prices for casein and caseinates on the Community and world markets.

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

Article 98 Aid for the purchase of cream, butter and concentrated butter at reduced prices

Under conditions to be determined by the Commission, when surpluses of milk products build up or are likely to occur, the Commission may decide that aid shall be granted to enable cream, butter and concentrated butter to be purchased at reduced prices:

(a) by non-profit making institutions and organisations;

(b) by military forces and units of comparable status in the Member States;

(c) by manufacturers of pastry products and ice-cream;

(d) by manufacturers of other foodstuffs to be determined by the Commission;

(e) for the direct consumption of concentrated butter.

Article 99 Aid for the supply of milk products to pupils

1. Under conditions to be determined by the Commission, community aid shall be granted for supplying to pupils in educational establishments certain processed milk products to be determined by the Commission falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90.

2. By way of derogation from Article 172, 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.

3. In the case of whole milk, the Community aid shall be EUR 18,15/100 kg.

In the case of other milk products, the amounts of aid shall be determined by the Commission taking into account the milk components of the products concerned.

4. The aid referred to in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per pupil and per day.

SECTION IV AIDS IN THE OLIVES SECTOR

ARTICLE 100 Aids to operator organisations

1. The Community shall finance, by means of the amounts withheld by Member States in accordance with Article 110i(4) of Regulation (EC) No 1782/2003, three-year work programmes to be drawn up by operator organisations referred to in Article 119 in one or more of the following areas:

(a) the market follow-up and administrative management in the olives sector;

(b) the improvement of the environmental impacts of the olive cultivation;

(c) the improvement of the production quality of olive oil and table olives;

(d) the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations;

(e) the dissemination of information on the activities carried out by operator organisations with the aim of improving the quality of olive oil.

2. The maximum Community funding for the work programmes referred to in paragraph 1 shall be equal to the part of the amounts withheld by the Member States. This funding shall concern the eligible cost with a maximum of:

(a) 100 % for the activities in areas referred to in points (a) and (b) of paragraph 1;

(b) 100 % for the fixed assets investments and 75 % for the other activities in the area referred to in point (c) of paragraph 1;

(c) 75 % for the work programmes carried out in at least three third countries or non-producing Member States by approved operator organisations from at least two producer Member States in areas referred to in points (d) and (e) of paragraph 1, and 50 % for the other activities in these areas.

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Community funding.

The Commission shall establish the detailed rules for the application of this Article and in particular the procedures for the approval of programmes adopted by the Member States and the types of activities eligible under such programmes.

3. Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 187, Member States shall verify that the conditions for granting Community funding are met. To that end, they shall carry out an audit of work programmes and a control plan involving a sample determined on the basis of a risk analysis and comprising at least 30 % per year of producer organisations and all the other operator's organisations in receipt of Community funding under this Article.

SECTION V COMMUNITY TOBACCO FUND

Article 101 Tobacco Fund

1. A Community Tobacco Fund (hereafter 'the Fund') shall be set up to finance measures in the following areas:

(a) improving public awareness of the harmful effects of all forms of tobacco consumption, in particular through information and education, support for the collection of data to establish tobacco consumption patterns and to conduct epidemiological studies on nicotinism in the Community, and a study on preventing nicotinism;

(b) specific measures to help tobacco growers to switch to other crops or other economic activities that create employment and studies of the possibilities for tobacco growers to do so.

2. The Fund shall be financed:

(a) for the 2002 harvest by a deduction of 2 % and the 2003, 2004 and 2005 harvests, of 3 % of the premium provided for in Title I of Regulation (EEC) No 2075/92 as applicable until and including the 2005 harvest for the financing of any kind of measures provided for in paragraph 1;

(b) for the calendar years 2006 and 2007, in accordance with Article 110m of Regulation (EC) No 1782/2003.

3. Detailed rules for the application of this Article shall be adopted by the Commission.

SECTION VI SPECIAL PROVISIONS FOR THE APICULTURE SECTOR

ARTICLE 102 Scope

1. With a view to improving general conditions for the production and marketing of apiculture products, Member States may draw up a national programme for a period of three years, hereinafter referred to as the "apiculture programme".

2. By way of derogation from Article 172, Articles 87, 88 and 89 of the Treaty shall not apply:

(a) to the financial contribution provided by Member States for measures subject to Community support in accordance with this Section;

(b) to 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.

Aids referred to in point (b) shall be notified to the Commission by Member States together with the communication of the apiculture programme in accordance with Article 106.

Article 103 Measures eligible for aid

The measures which may be included in the apiculture programme shall be the following:

(a) technical assistance to beekeepers and groupings of beekeepers;

(b) control of varroasis;

(c) rationalisation of transhumance;

(d) measures to support laboratories carrying out analyses of the physico-chemical properties of honey;

(e) measures to support the restocking of hives in the Community;

(f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products.

Measures financed from the EAFRD in accordance with Council Regulation (EC) No 1698/2005[60] shall be excluded from the apiculture programme.

Article 104 Study of the production and marketing structure in the beekeeping sector

To be eligible for the part-financing provided for in Article 105(1), Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.

Article 105 Financing

1. The Community shall provide part-financing for the apiculture programmes equivalent to 50 % of the expenditure borne by Member States.

2. Expenditure relating to the measures taken under the apiculture programmes shall be made by the Member States by 15 October each year.

Article 106 Consultation

The apiculture programme shall be drawn up in close collaboration with the representative organisations and beekeeping cooperatives. It shall be communicated to the Commission for approval.

SECTION VII AIDS IN THE SILKWORM SECTOR

Article 107 Aid to be granted to silkworm rearers

1. Aid shall be granted for silkworms falling within CN-code 0106 00 90 and for silkworm eggs falling within CN-code 0511 99 80 reared within the Community.

2. The aid shall be granted to silkworm rearers for each box of silkworm eggs used, on conditions that the boxes contain a minimum quantity of eggs, to be determined, and that the worms have been successfully reared.

3. The aid per box of silkworm eggs used shall be EUR 133,26.

Article 108 Implementing rules

Detailed rules for the application of this Section shall be adopted by the Commission which shall cover, in particular; the minimum quantity referred to in Article 107(2).

TITLE II RULES CONCERNING MARKETING AND PRODUCTION

CHAPTER I MARKETING STANDARDS AND CONDITIONS FOR THE PRODUCTION

SECTION I MARKETING STANDARDS

ARTICLE 109 Marketing standards

1. Provision may be made by the Commission for marketing standards for one or more of the products of the following sectors:

(a) olives;

(b) bananas;

(c) live plants;

(d) eggs;

(e) poultry.

2. The standards referred to in paragraph 1:

(a) shall be established taking into account, in particular, the specificities of the products concerned, the need to ensure the conditions for a smooth disposal of those products on the market and the interest of consumers to receive adequate and transparent product information;

(b) may in particular relate to quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation and labelling.

3. Save as otherwise provided for by the Commission in accordance with the criteria referred to in point (a) of paragraph 2, the products for which marketing standards have been laid down may be marketed in the Community only in accordance with such standards.

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 187, Member States shall check whether those products conform to those standards and shall apply penalties as appropriate.

Article 110 Marketing standards for milk and milk products

1. Food products may be marketed as milk and milk products only if they comply with the definitions and designations laid down in Annex X.

2. Without prejudice to measures for the protection of public health, milk falling within CN code 0401 intended for human consumption may only be marketed within the Community in accordance with the provisions of Annex XI.

Article 111 Marketing standards for fats

Without prejudice Article 110(1) or any provisions adopted in the veterinary and foodstuffs sectors to ensure that products comply with hygiene and health standards and to protect animal and human health, the standards laid down in Annex XII shall apply to the following products having a fat content of at least 10 % but less than 90 % by weight, intended for human consumption:

(a) milk fats falling within CN codes 0405 and ex 2106;

(b) fats falling within CN code ex 1517;

(c) fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.

The fat content excluding salt shall be at least two-thirds of the dry matter.

However, those standards shall only apply to products which remain solid at a temperature of 20°C, and which are suitable for use as spreads.

Article 112 Certification for hops

1. Products of the hops sector, harvested or prepared within the Community, shall be subject to a certification procedure.

2. Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3. The certificates shall indicate at least:

(a) the place of production of the hops;

(b) the year of harvesting;

(c) the varieties.

4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued.

In the case of imported products of the hops sector, the attestation provided for in Article 152(2) shall be deemed to be equivalent to the certificate.

5. Measures derogating from paragraph 4 may be adopted by the Commission:

(a) in order to satisfy the trade requirements of certain third countries; or

(b) for products intended for special uses.

The measures referred to in the first subparagraph shall:

(a) not prejudice the normal marketing of products for which the certificate has been issued;

(b) be accompanied by guarantees intended to avoid any confusion with those products.

Article 113 Marketing standards for olive oils and olive-pomace oils

1. The use of the descriptions and definitions of olive oils and olive-pomace oils set out in Annex XIII shall be compulsory as regards the marketing of the products concerned within the Community and, as long as compatible with international compulsory rules, in trade with third countries.

2. Only oils referred to in points 1(a) and (b), 3 and 6 of Annex XIII may be marketed at the retail stage.

SECTION II CONDITIONS FOR PRODUCTION

ARTICLE 114 Use of casein and caseinates in the manufacture of cheese

The use of casein and caseinates as defined in point (2) of Part V of Annex III in the manufacture of cheese shall be subject to prior authorisation which shall be granted only if such use is a necessary condition for the manufacture of the products.

Article 115 Method of production of ethyl alcohol

The method of production and the characteristics of ethyl alcohol obtained from a specific agricultural product listed in Annex I to the Treaty may be laid down by the Commission.

SECTION III PROCEDURAL RULES

Article 116 Adoption of standards, implementing rules and derogations

The Commission shall establish the detailed rules for the application of this Chapter, which may in particular include:

(a) the provision for marketing standards referred to in Article 109 including rules on derogations from the standards, on presentation of particulars required by the standards and on the application of the standards to products imported into the Community and products exported from the Community;

(b) rules concerning the question whether products for which standards are laid down may be marketed in the Community only in accordance with those standards;

(c) as regards the definitions and designations that may be used in the marketing of milk and milk products in accordance with Article 110(1):

(i) drawing up and, where necessary, supplementing the list of the products referred to in the second subparagraph of point III.(1) of Annex X, on the basis of the lists sent to it by the Member States;

(ii) making additions, where necessary, to the list of designations given in point (a) of the second subparagraph of point II.(2) of Annex X;

(d) as regards the standards for spreadable fats referred to in Article 111:

(i) a list of the products referred to in point (a) of the third subparagraph of point I.(2) of Annex XII, on the basis of the lists sent to the Commission by the Member States;

(ii) the methods of analysis needed to check the composition and manufacturing characteristics of the products referred to in Article 111;

(iii) detailed rules for the taking of samples;

(iv) detailed rules for obtaining statistical information on the markets in the products referred to in Article 111;

(e) the minimum quality characteristics for products of the hops sector referred to in Article 112;

(f) the methods of analysis to be used, where applicable;

(g) as regards the use of casein and caseinates referred to in Article 114:

(i) the conditions according to which the Member States shall grant the authorisations and the maximum percentages to be incorporated, on the basis of objective criteria having regard to what is technologically necessary;

(ii) the obligations to be respected by the undertakings authorised in accordance with point (i).

CHAPTER II PRODUCER ORGANISATIONS, INTERBRANCH ORGANISATIONS, OPERATOR ORGANISATIONS

SECTION I GENERAL PRINCIPLES

Article 117 Producer organisations

The Member States shall recognise producer organizations, which:

(a) are constituted by producers of one of the following sectors:

(i) the hops sector,

(ii) the olives sector,

(iii) the silkworm sector;

(b) are formed on the initiative of the producers;

(c) pursue a specific aim, in particular to:

(i) concentrate supply and market the products of the members;

(ii) adapt production jointly to the requirements of the market and improve the product;

(iii) promote the rationalisation and mechanisation of production;

Article 118 Interbranch organisations

The Member shall recognise interbranch organisations which:

(a) are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the following sectors:

(i) the olives sector;

(ii) the tobacco sector;

(b) are formed on the initiative of all or some of the organisations or associations which constitute them;

(c) pursue a specific aim, in particular to:

(i) concentrate and coordinate supply and marketing of the produce of the members;

(ii) adapt production and processing jointly to the requirements of the market and improve the product;

(iii) promote the rationalisation and improvement of production and processing;

(iv) carry out research into sustainable production methods and market developments.

However, where interbranch organisations carry out their activities in the territories of several Member States, recognition shall be granted by the Commission.

Article 119 Operator organisations

For the purposes of this Regulation, “operator organisations shall comprise recognised organisations of operators or their associations, including producer organisations and interbranch organisations, who produce and process olives.

SECTION II RULES CONCERNING INTERBRANCH ORGANISATIONS IN THE TOBACCO SECTOR

Article 120 Payment of subscription by non-members

1. Where one or more of the activities referred to in paragraph 2 are pursued by a recognised interbranch organisation in the tobacco sector and are in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or the Commission, where recognition has been granted by the Commission, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question.

2. The activities referred to in paragraph 1 shall relate to one of the following objectives:

(a) research to add value to the products, in particular through new uses which do not pose a threat to public health;

(b) studies to improve the quality of leaf or baled tobacco;

(c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.

3. The Member States concerned shall notify the Commission of decisions which they intend to take under paragraph 1. Such decisions may not apply before a three month period starting from the date of notification to the Commission. The Commission may within that time limit call for the rejection of all or part of the draft decision if the general economic interest put forward does not appear to be well founded.

4. Where the activities of an interbranch organisation recognised by the Commission in accordance with this Chapter are in the general economic interest, the Commission shall notify its draft decision to the Member States concerned, who shall then have two months to make their comments.

SECTION IIIPROCEDURAL RULES

Article 121 Implementing rules

The Commission shall adopt the detailed rules for the application of this Chapter, in particular the conditions and procedures for the recognition of producer, interbranch and operator organisations in single sectors, including:

(a) the specific aims to be pursued by such organisations;

(b) the rules of association of such organisations;

(c) the activities of such organisations;

(d) derogations from the requirements laid down in Articles 117, 118 and 119;

(e) the recognition procedure for such organisations;

(f) as the case may be, any effects deriving from the recognition as an interbranch organisation.

PART III TRADE WITH THIRD COUNTRIES

CHAPTER I GENERAL PROVISIONS

Article 122 General principles

Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries:

(a) the levying of any charge having equivalent effect to a customs duty;

(b) the application of any quantitative restriction or measure having equivalent effect.

Article 123 Combined nomenclature

The general rules for interpreting the Combined Nomenclature and the special rules for its application shall apply to the tariff classification of products covered by this Regulation. The tariff nomenclature resulting from the application of this Regulation including, as the case may be, the definitions in Annex III shall be included in the Common Customs Tariff.

CHAPTER II IMPORTS

SECTION I IMPORT LICENCES

Article 124 Optional import licence systems

1. Without prejudice to cases where import licences are required in accordance with this Regulation, the Commission may make imports of one or more products of the following sectors into the Community subject to presentation of an import licence

(a) cereals,

(b) rice,

(c) sugar,

(d) seeds,

(e) olives, with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39,

(f) flax and hemp, as far as hemp is concerned,

(g) bananas,

(h) live plants,

(i) beef and veal,

(j) milk and milk products,

(k) pigmeat,

(l) sheep meat and goat meat,

(m) eggs,

(n) poultry,

(o) ethyl alcohol.

2. When applying paragraph 1, the Commission shall take account of the need for import licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question.

Article 125 Issue of licences

Import licences shall be issued by Member States to applicants, irrespective of their place of establishment in the Community, unless a Council Regulation or any other act of the Council provides otherwise, and without prejudice to measures taken for the application of this Chapter.

Article 126 Validity

Import licences shall be valid throughout the Community.

Article 127 Security

1. Save as otherwise provided for by the Commission, licences shall be issued subject to the lodging of a security guaranteeing that the products are imported during the term of validity of the licence.

2. Except in cases of force majeure , the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the licence.

Article 128 Implementing rules

The Commission shall adopt the detailed rules for the application of this Section, including the terms of validity of the licences.

SECTION II IMPORT DUTIES AND LEVIES

ARTICLE 129 Import duties

Unless this Section provides otherwise, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.

Article 130 Calculation of import duties for cereals

1. Notwithstanding Article 129, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002, 1005 10 90 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty in the Common Customs Tariff.

2. For the purposes of calculating the import duty referred to in paragraph 1, representative cif import prices shall be established on a regular basis for the products referred to in that paragraph.

Article 131 Calculation of import duties for husked rice

1. Notwithstanding Article 129, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission within ten days of the end of the reference period concerned in accordance with point 1 of Annex XIV.

The Commission shall fix a new applicable duty if the calculations performed under that Annex indicate a need to change it. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply.

2. In order to calculate the imports referred to in point 1 of Annex XIV, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, except for the import licences for Basmati rice referred to in Article 132.

3. The annual reference quantity shall be 449 678 tonnes.

The partial reference quantity for each marketing year shall correspond to half the annual reference quantity.

Article 132 Calculation of import duties for husked basmati rice

Notwithstanding Article 129, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex XV shall qualify for a zero rate of import duty under the conditions fixed by the Commission.

Article 133 Calculation of import duties for milled rice

1. Notwithstanding Article 129, the import duty for semi-milled or wholly milled rice falling within CN code 1006 30 shall be fixed by the Commission within ten days after the end of the reference period concerned in accordance with point 2 of Annex XIV.

The Commission shall fix a new applicable duty if the calculations performed under that Annex indicate a need to change it. Until such time as a new applicable rate is fixed, the duty previously fixed shall apply.

2. In order to calculate imports referred to in point 2 of Annex XIV, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period.

Article 134 Calculation of import duties for broken rice

Notwithstanding Article 129, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.

Article 135 Additional import duties

1. An additional import duty shall apply to imports at the rate of duty laid down in Articles 129 to 134 of one or more products of the cereals, rice, sugar, beef and veal, milk and milk products, pigmeat, sheep meat and goat meat, eggs, poultry and bananas sectors, in order to prevent or counteract adverse effects on the market of the Community which may result from those imports, if:

(a) the imports are made at a price below the level notified by the Community to the WTO ("the trigger price"); or

(b) the volume of imports in any year exceeds a certain level ("the trigger volume").

The trigger volume shall be based on market access opportunities defined, where applicable, as imports as a percentage of the corresponding domestic consumption during the three previous years.

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective.

3. For the purposes of paragraph 1(a), import prices shall be determined on the basis of the cif import prices of the consignment under consideration.

Cif import prices shall be checked against the representative prices for the product on the world market or on the Community import market for that product.

Article 136 Suspension of import duties in the sugar sector

The Commission may suspend import duties in whole or in part for certain quantities in respect of the following products to guarantee the supply necessary for the manufacturing of products referred to in Article 59(2):

(a) sugar falling within CN code 1701;

(b) isoglucose falling within CN codes 17023010, 17024010, 17026010 and 17029030.

Article 137 Implementing rules

The Commission shall adopt the detailed rules for the application of this Section, in particular specifying:

(a) as regards Article 130:

(i) the minimum requirements for high quality common wheat;

(ii) the price quotations to be taken into consideration;

(iii) the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned.

(b) as regards Article 135, the products to which additional import duties shall be applied and the other criteria necessary to ensure application of paragraph 1 of that Article;

SECTION III IMPORT QUOTA MANAGEMENT

ARTICLE 138 Tariff quotas

1. Tariff quotas for imports of products listed in Annex I resulting from agreements concluded in accordance with Article 300 of the Treaty or from any other act of the Council shall be opened and administered by the Commission under detailed rules adopted by the Commission.

2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the lodging of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were lodged (using the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (using the "traditional/newcomers method").

3. The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Community market and the need to safeguard the equilibrium of that market.

Article 139 Opening of tariff quotas

The Commission shall provide for the annual tariff quotas, if necessary suitably phased over the year and shall determine the administrative method to be used.

Article 140 Specific rules

1. With regard to the import quota of 54 703 tonnes of frozen beef and veal meat falling within CN codes 0202 20 30, 0202 30 and 0206 29 91 and intended for processing, the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty, may lay down that all or part of the quota shall cover equivalent quantities of quality meat, applying a conversion rate of 4,375.

2. In the case of tariff quota for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quota for import into Portugal of 500 000 tonnes of maize, the detailed rules referred to in Article 142 shall also include the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 141 Tariff rates for bananas

This Chapter shall apply without prejudice to Council Regulation (EC) No 1964/2005[61].

Article 142 Implementing rules

The Commission shall adopt detailed rules for the implementation of this Section, in particular on:

(a) guarantees covering the nature, provenance and origin of the product,

(b) recognition of the document used for verifying the guarantees referred to in point (a),

(c) the conditions under which import licences shall be issued and their term of validity.

SECTION IV SPECIAL PROVISIONS FOR CERTAIN PRODUCTS

SUBSECTION ISPECIAL PROVISIONS FOR IMPORTS IN RESPECT OFTHE CEREALS AND RICE SECTORS

Article 143 Imports of mixtures of different cereals

The import duty applicable to mixtures composed of cereals falling within points (a) and (b) of Part I of Annex I shall be established as follows:

(a) in the case where the mixture is composed of two of such cereals, the import duty shall be that applicable:

(i) to the component cereal predominating by weight, when the cereal represents at least 90 % of the weight of the mixture,

(ii) to the component cereal liable to the higher import duty, when neither of the two component cereals represents at least 90 % of the weight of the mixture;

(b) in the case where the mixture is composed of more than two of such cereals, and where several cereals each represent more than 10% by weight of the mixture, the import duty applicable to the mixture shall be the highest of the import duties applicable to such cereals, even when the amount of the import duty is the same for two or more of the cereals.

Where only one cereal represents more than 10 % of the weight of the mixture, the import duty to be applied shall be that applicable to this cereal.

(c) in all cases not covered by points (a) and (b), the import duty shall be the highest of the import duties applicable to the cereals composing the mixture concerned, even when the amount of the import duty is the same for two or more of the cereals.

Article 144 Imports of mixtures between cereals and rice

The import duty applicable to mixtures composed of one or more of the cereals falling within points (a) and (b) of Part I of Annex I, on the one hand, and of one or more of the products falling within points (a) and (b) of Part II of Annex I, on the other, shall be that applicable to the component cereal or product liable to the highest import duty.

Article 145 Imports of mixtures of rice

The import duty applicable to mixtures composed either of rice classifiable under several different processing groups or stages or of rice classifiable under one or more different processing groups or stages on the one hand and of broken rice on the other shall be that applicable:

(a) to the component predominating by weight, when that component represents at least 90 % of the weight of the mixture,

(b) the component liable to the highest import duty, when no component represents at least 90 % of the weight of the mixture.

Article 146 Applicability of the tariff classification

Where the method for fixing the import duty set out in Articles 143 to 145 cannot be applied, the duty to be applied to the mixtures referred to in those Articles shall be that determined by the tariff classification of the mixtures.

SUBSECTION IIPREFERENTIAL IMPORT ARRANGEMENTS FOR SUGAR

Article 147 Traditional supply need for refining

1. Notwithstanding Article 49(1), a traditional supply need of sugar for refining is fixed for the Community at 1.961.351 tonnes per marketing year, expressed in white sugar.

During the marketing year 2008/2009, the traditional supply need shall be distributed as follows:

- 296 627 tonnes for France,

- 100 000 tonnes for Italy;

- 356 633 tonnes for Portugal of which 65 000 tonnes shall be reserved for the sole sugar beet processing plant at work in 2005 in Portugal, being deemed to be a full-time refiner;

- 19 585 tonnes for Slovenia,

- 59 925 tonnes for Finland,

- 1 128 581 tonnes for the United Kingdom.

2. Import licences for sugar for refining shall be issued only to full-time refiners provided that the concerned quantities do not exceed the quantities that may be imported in the framework of the traditional supply need referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued.

This paragraph shall apply for the marketing year 2008/2009, and for the first three months of each of the following marketing years.

3. The application of import duties on cane sugar for refining falling within CN code 1701 11 10 originating in the States referred to in Annex XVI shall be suspended for the complementary quantity which is needed to allow an adequate supply of the full-time refiners for the marketing year 2008/2009.

The complementary quantity shall be fixed by the Commission, based on the balance between the traditional supply need referred to in paragraph 1 and the forecast supply of sugar for refining for the marketing year concerned. This balance may be revised by the Commission during the marketing year and may be based on historic flat-rate estimates of the raw sugar intended for consumption.

Article 148 Guaranteed price

1. The guaranteed prices fixed for the ACP/Indian sugar shall apply for import of standard quality raw and white sugar from:

(a) the least developed countries under the arrangements referred to in Articles 12 and 13 of Council Regulation (EC) No 980/2005[62];

(b) the States listed in Annex XVI for the complementary quantity referred to in Article 147(4).

2. Applications for import licences for sugar benefiting from a guaranteed price shall be accompanied by an export licence issued by the authorities of the exporting country certifying the compliance of the sugar with the rules provided for in the agreements concerned.

Article 149 Sugar Protocol commitments

The Commission may adopt measures to ensure that the ACP/Indian sugar is imported into the Community under the conditions set out in Protocol 3 to Annex V to the ACP-EC Partnership Agreement and the Agreement on cane sugar between the European Community and the Republic of India. Those measures may, if necessary, derogate from Article 147 of this Regulation.

Article 150 Implementing rules

Detailed rules for the application of this S ubsection shall be adopted by the Commission, in particular, to comply with international agreements. They may include amendments to Annex XVI.

SUBSECTION IIISPECIAL PROVISIONS FOR IMPORTS OF HEMP

Article 151 Imports of hemp

1. The following products may only be imported into the Community if the following conditions are met:

(a) raw true hemp falling within CN code 5302 10 00 meets the conditions laid down in Article 52 of Regulation (EC) No 1782/2003;

(b) seeds of varieties of hemp falling within CN code ex 1207 99 15 for sowing are accompanied by proof that the tetrahydrocannabinol level does not exceed that fixed in accordance with Article 52 of Regulation (EC) No 1782/2003;

(c) hemp seeds other than for sowing, falling within CN code 1207 99 91 may be imported only by importers authorised by the Member State in order to ensure that such seeds are not intended for sowing.

2. Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 187, imports into the Community of the products specified in paragraph 1(a) and (b) of this Article shall be subject to checks to determine whether the conditions provided for in paragraph 1 of this Article are met.

3. This Article shall apply without prejudice to more restrictive provisions adopted by Member States in compliance with the Treaty and the obligations arising from the WTO Agreement on Agriculture (the “Agreement on Agriculture”).

SUBSECTION IVSPECIAL PROVISIONS FOR IMPORTS OF HOPS

Article 152 Imports of hops

1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or made from such products.

2. Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 112.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may only be recognised as being equivalent to the certificate if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

The equivalence of those attestations shall be verified in accordance with detailed rules adopted by the Commission.

SECTION V SAFEGUARD AND INWARD PROCESSING

ARTICLE 153 Safeguard measures

1. Safeguard measures against imports into the Community shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 519/94[63] and (EC) No 3285/94[64]. However, Articles 3 and 18 of Regulation (EC) No 519/94 and Articles 3 and 21 of Regulation (EC) No 3285/94 shall not apply.

2. Save as otherwise provided for pursuant to any other act of the Council, safeguard measures against imports into the Community provided for in international agreements concluded in accordance with Article 300 of the Treaty shall be taken by the Commission in accordance with paragraph 3 of this Article.

3. Measures referred to in paragraphs 1 and 2 may be taken by the Commission at the request of a Member State or on its own initiative. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request.

The Member States shall be notified of such measures, which shall be immediately applicable.

Measures decided on by the Commission pursuant to paragraphs 1 and 2 may be referred to the Council by any Member State within three working days of the date on which they were notified. The Council shall meet without delay. It may, acting by qualified majority, amend or repeal the measures in question within one month following the date on which they were referred to the Council.

4. Where the Commission considers that any safeguard measure taken in accordance with paragraphs 1 or 2 should be revoked or amended, it shall proceed as follows:

(a) where the measure was enacted by the Council, the Commission shall propose to the Council that it be revoked or amended. The Council shall act by a qualified majority;

(b) in all other cases, Community safeguard measures shall be revoked or amended by the Commission.

Article 154 Suspension of inward processing arrangements

To the extent necessary for the proper functioning of the common organisation of the agricultural markets and, in particular, where the Community market is disturbed or liable to be disturbed by inward processing arrangements, the use of such arrangements for the products of the cereals, rice, sugar, olives, beef and veal, milk and milk products, pigmeat, sheep meat and goat meat, eggs, poultry and ethyl alcohol sectors may be fully or partially prohibited by the Commission.

CHAPTER III EXPORTS

SECTION I EXPORT LICENCES

Article 155 Optional export licence systems

1. Without prejudice to cases where export licences are required in accordance with this Regulation, the Commission may make exports of one or more products of the following sectors from the Community subject to presentation of an export licence:

(a) cereals,

(b) rice,

(c) sugar,

(d) olives, with regard to olive oil referred to in point (a) of Part VII of Annex I,

(e) beef and veal,

(f) milk and milk products,

(g) pigmeat,

(h) sheep meat and goat meat,

(i) eggs,

(j) poultry ,

(k) ethyl alcohol.

When applying the first subparagraph, the Commission shall take account of the need for export licences for the management of the markets concerned and, in particular, for monitoring the exports of the products in question.

2. Articles 125 to 127 shall apply mutatis mutandis .

3. The Commission shall adopt the detailed rules for the application of paragraphs 1 and 2, including the terms of validity of the licences.

SECTION II EXPORT REFUNDS

ARTICLE 156 Scope of export refunds

1. To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 300 of the Treaty, the difference between those quotations or prices and prices in the Community may be covered by export refunds for:

(a) the products of the following sectors to be exported without further processing:

(i) cereals,

(ii) rice,

(iii) sugar, with regard to the products listed in points (b), (c), (d) and (g) of Part III of Annex I,

(iv) beef and veal,

(v) milk and milk products,

(vi) pigmeat,

(vii) eggs,

(viii) poultry;

(b) the products listed in point (a) to be exported in the form of goods listed in Annex XVII.

In the case of the milk and milk products exported in the form of products listed in Part IV of Annex XVII, export refunds may only be granted for products listed in points (a) to (e) and (g) of Part XVI of Annex I.

2. Export refunds on products exported in the form of processed goods listed in Annex XVII may not be higher than those applicable to the same products exported without further processing.

3. Insofar as is necessary to take account of the features of production peculiar to certain spirituous beverages obtained from cereals, the criteria for granting export refunds referred to in paragraphs 1 and 2, and the procedure for verification, may be adapted by the Commission to suit this particular situation.

Article 157 Export refund distribution

The quantities which may be exported with an export refund shall be allocated by the method which:

(a) is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available, account being taken of the efficiency and structure of Community exports without creating discrimination between the operators concerned and notably between large and small operators;

(b) is least cumbersome administratively for operators, account being taken of administrative requirements.

Article 158 Export refund fixation

1. Export refunds shall be the same for the whole Community. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 300 of the Treaty make this necessary.

2. Refunds shall be fixed by the Commission.

Refunds may be fixed:

(a) at regular intervals;

(b) by invitation to tender for products in respect of which provision was made for that procedure in the past.

Except where fixed by tender, the list of products on which an export refund is granted and the amount of export refunds shall be fixed at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission, either at the request of a Member State or on its own initiative.

3. One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed:

(a) the existing situation and the future trend with regard to:

- prices and availabilities of that product on the Community market,

- prices for that products on the world market.

(b) the aims of the common market organisation which are to ensure equilibrium and the natural development of prices and trade on this market;

(c) the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Community market;

(d) the economic aspect of the proposed exports;

(e) the limits resulting from agreements concluded in accordance with Article 300 of the Treaty;

(f) the need to establish a balance between the use of Community basic products in the manufacture of processed goods for export to third countries, and the use of third-country products brought in under processing arrangements;

(g) the most favourable marketing costs and transport costs from Community markets to Community ports or other places of export together with forwarding costs to the countries of destination;

(h) demand on the Community market;

(i) in respect of the pigmeat, eggs and poultry sectors, the difference between prices within the Community and prices on the world market for the quantity of feed grain input required for the production in the Community of the products of those sectors.

4. A corrective amount applicable to the export refunds may be set by the Commission. However, where necessary, the Commission may amend the corrective amounts.

The first subparagraph may also be applied to products that are exported in the form of goods listed in Annex XVII.

Article 159 Export refund adjustment for cereals

Unless otherwise provided for by the Commission, the refund on products listed in points (a) and (b) of Part I of Annex I, established in accordance with Article 160(2), shall be adjusted by the Commission in line with the level of the monthly increases applicable to the intervention price and, where appropriate, changes in that price.

The first subparagraph may be applied, in whole or in part, to products listed in points (c) and (d) of Part I of Annex I as well as to products referred to in Part I of Annex I and exported in the form of goods referred to in Part I of Annex XVII. In that case, the adjustment referred to in the first subparagraph shall be corrected by applying to the monthly increase a coefficient expressing the ratio between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the goods exported.

Article 160 Granting of export refund

1. Refunds on products listed in Article 156(1)(a) exported as such without further processing shall only be granted on presentation of an export licence.

2. The refund applicable to products referred to in paragraph 1 shall be that applicable on the day of application for the licence or, as the case may be, that resulting from the tender procedure concerned and, in the case of a differentiated refund, that applicable on the same day:

(a) for the destination indicated on the licence, or

(b) where appropriate, for the actual destination if this differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.

Appropriate measures may be taken by the Commission to prevent abuse of the flexibility provided for in this paragraph.

3. By way of derogation from paragraph 1, the Commission may decide that in the case of eggs for hatching and of day-old chicks export licences may be granted ex post .

4. It may be decided, in accordance with the procedure referred to in Article 16(2) of Council Regulation (EC) No 3448/93[65], to apply paragraphs 1 and 2 to the goods referred to in Article 156(1)(b).

5. Derogations from paragraph 1 and 2 may be granted by the Commission in the case of products on which export refunds are paid under food-aid operations.

6. The refund shall be paid upon submission of proof that:

(a) the products have been exported from the Community;

(b) in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2.

However, exceptions may be allowed by the Commission provided that conditions are laid down which offer equivalent guarantees.

7. Further conditions for the granting of export refunds may be established by the Commission for one or more products. They may include:

(a) that refunds are only paid for products of Community origin;

(b) that the amount of refunds for imported products shall be limited to the duties collected on importation where those duties are lower than the refund applicable.

Article 161 Export refunds for live animals in the beef and veal sector

With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the provisions established in Community legislation concerning animal welfare and, in particular, the protection of animals during transport.

Article 162 Export limits

Observance of the volume commitments resulting from the agreements concluded in accordance with Article 300 of the Treaty shall be ensured on the basis of export licences issued for the reference periods which apply to the products concerned. With regard to compliance with the obligations arising under the Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.

Article 163 Implementing rules

Detailed rules for the application of this Section shall be adopted by the Commission, in particular:

(a) provisions on the redistribution of exportable quantities;

(b) provisions governing the quality and other specific requirements and conditions of the products eligible for an export refund;

(c) provisions for monitoring whether operations conferring entitlement to the payment of refunds and all other amounts in respect of export transactions have been actually carried out and executed correctly including physical checks and document scrutiny.

Any necessary amendments to Annex XVII shall be made by the Commission.

However, the detailed rules for the application of Article 160 for products referred to in Article 156(1)(b) shall be adopted in accordance with the procedure referred to in Article 16(2) of Regulation (EC) No 3448/93.

SECTION III EXPORT QUOTA MANAGEMENT IN THE MILK AND MILK PRODUCTS SECTOR

Article 164 Management of tariff quotas opened by third countries

1. With regard to milk and milk products, where an agreement concluded in accordance with Article 300 of the Treaty provides for the total or partial management of a tariff quota opened by a third country, the management method to be applied and detailed rules relating to that method shall be adopted by the Commission.

2. The tariff quotas referred to in paragraph 1 shall be administered in a manner which avoids any discrimination between the operators concerned and which guarantees the full use of the possibilities available under the quota concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) a method based on the chronological order of the lodging of applications ("first come, first served" principle);

(b) a method of distribution in proportion to the quantities requested when the applications were lodged (using the "simultaneous examination method");

(c) a method based on taking traditional trade patterns into account (using the "traditional/new arrival method").

SECTION IVSPECIAL IMPORT TREATMENT BY THIRD COUNTRIES

ARTICLE 165 Certificates for products benefiting from a special import treatment in a third country

1. When products are exported which may, in accordance with agreements concluded by the Community in accordance with Article 300 of the Treaty, benefit from a special treatment on importation into a third country if certain conditions are respected, the competent authorities of the Member States shall, on request and after appropriate checks, issue a document certifying that the conditions are met.

2. Detailed rules for the application of this Article shall be adopted by the Commission.

SECTION V SPECIAL PROVISIONS FOR LIVE PLANTS

ARTICLE 166 Minimum export prices

1. For each of the products of the live plants sector falling within CN code 0601 10, one or more minimum prices for exports to third countries may be fixed by the Commission each year in good time before the marketing season.

Exportation of such products shall be permitted only at a price equal to or above the minimum price fixed for the product in question.

2. Detailed rules for the application of paragraph 1 shall be adopted by the Commission having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty.

SECTION VI OUTWARD PROCESSING

ARTICLE 167 Suspension of outward processing arrangements

To the extent necessary for the proper functioning of the common organisation of the agricultural markets and, in particular, where the Community market is disturbed or liable to be disturbed by outward processing arrangements, the use of such arrangements for the products of the cereals, rice, beef and veal, pigmeat, sheep meat and goat meat and poultry sectors may be fully or partially prohibited by the Commission.

PART IV COMPETITION RULES

CHAPTER I RULES APPLYING TO UNDERTAKINGS

Article 168 Application of Articles 81 to 86 of the Treaty

Save as otherwise provided for in this Regulation, Articles 81 to 86 of the Treaty and implementation provisions thereof shall, subject to Article 169 of this Regulation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to the production of or trade in the products referred to in Article 1 of this Regulation.

Article 169 Exceptions

1. Article 81(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 168 of this Regulation which are an integral part of a national market organisation or are necessary for the attainment of the objectives set out in Article 33 of the Treaty

In particular, Article 81(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State 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, unless the Commission finds that competition is thereby excluded or that the objectives of Article 33 of the Treaty are jeopardised.

2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1.

The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.

3. The publication of the decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets.

Article 170 Agreements and concerted practices in the tobacco sector

1. Article 81(1) of the Treaty shall not apply to the agreements and concerted practices of recognized interbranch organisations in the tobacco sector, intended to implement the measures referred to in Article 117(c) of this Regulation provided that:

(a) the agreements and concerted practices have been notified to the Commission;

(b) the Commission, acting within three months of receipt of all the details required, has not found that those agreements or concerted practices are incompatible with Community competition rules.

The agreements and concerted practices may not be implemented during that three-month period.

2. Agreements and concerted practices shall be declared contrary to Community competition rules in the following cases:

(a) they may lead to the partitioning of markets in any form within the Community;

(b) they may affect the sound operation of the market organisation;

(c) they may create distortions of competition which are not essential in achieving the objectives of the common agricultural policy pursued by the interbranch organisation measure;

(d) they entail the fixing of prices or quotas, without prejudice to measures taken by interbranch organisations in the application of specific provisions of Community rules;

(e) they may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

3. If, following expiry of the three-month period referred to in point (b) of paragraph 1, the Commission finds that the conditions for applying this Chapter have not been met, it shall take a decision declaring that Article 81(1) of the Treaty applies to the agreement or concerted practice in question.

That decision shall not apply earlier than the date of notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1

Article 171 Binding effect of agreements and concerted practices on non-members in the tobacco sector

1. Interbranch organisations in the tobacco sector may request that certain of their agreements or concerted practices be made binding for a limited period on individuals and groups in the economic sector concerned which are not members of the trade branches which they represent, in the areas in which the branches operate.

In order for their rules to be extended, interbranch organisations shall represent at least two thirds of the production and/or the trade concerned. Where the proposed extension of the rules is of inter-regional scope, the interbranch organisations shall prove they possess a minimum degree of representativeness, in respect of each of the grouped branches, in each region covered.

2. The rules of which extension of the scope is requested shall have been in force for at least one year and shall relate to one of the following objectives:

(a) knowledge of production and the market;

(b) definition of minimum qualities;

(c) utilisation of cultivation methods compatible with the protection of the environment;

(d) definition of minimum standards of packing and presentation;

(e) use of certified seed and monitoring of product quality.

3. Extension of the rules shall be subject to approval by the Commission.

CHAPTER II STATE AID RULES

Article 172 Application of Articles 87, 88 and 89 of the Treaty

Save as otherwise provided for in this Regulation, and in particular with the exception of the State aids referred to in Article 175, Articles 87, 88 and 89 of the Treaty shall apply to the production of and trade in the products referred to in Article 1 of this Regulation. However, the provisions of Article 88(1) and of the first sentence of Article 88(3) of the Treaty shall apply without exceptions.

Article 173 Specific provisions for the milk and milk products sector

Subject to Article 87(2) of the Treaty, aids the amount of which is fixed on the basis of the price or quantity of milk products shall be prohibited.

National measures permitting equalisation between the prices of milk products shall also be prohibited.

Article 174 Specific provisions for the wine sector

Chapter II of Title II of Regulation (EC) No 1493/1999 shall not impede the granting of national aid designated to achieve objectives similar to those sought by that Chapter. However, Article 172 of this Regulation shall apply to such aids.

Article 175 Specific national provisions

1. Subject to Commission authorisation, aids for the production and marketing of reindeer and reindeer products (CN ex 0208 and ex 0210) may be granted by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.

2. Subject to Commission authorisation, Finland may grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions.

3. Member States which reduce their sugar quota by more than 50 % may grant temporary State aid during the period for which the transitional aid for beet growers is being paid in accordance with Chapter 10f of Title IV of Regulation (EC) No 1782/2003. The Commission shall, on the basis of an application by any Member State concerned, decide on the total amount of the State aid available for this measure.

For Italy, the temporary aid referred to in the first subparagraph, shall not exceed a total of EUR 11 per marketing year per tonne of sugar beet to be granted to sugar beet growers and for the transport of sugar beet.

Finland may grant aid up to EUR 350 per hectare per marketing year to sugar beet growers.

The Member States concerned shall inform the Commission within 30 days of the end of each marketing year of the amount of State aid actually granted in that marketing year.

4. Until 31 December 2010, Germany may grant aid in the framework of the German Alcohol Monopoly for products marketed, after further transformation, by the Monopoly, as ethyl alcohol of agricultural origin listed in Annex I to the Treaty. The total amount of this aid shall not exceed EUR 110 million per year.

Germany shall present each year, before 30 June, a report to the Commission on the functioning of the system. Before 31 December 2009, the Commission shall present a report to the European Parliament and the Council on the application of the derogation, including an evaluation of the aids granted in the framework of the German Alcohol Monopoly, together with any appropriate proposals.

PART V SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS

Article 176 Promotional levy in the milk and milk products sector

Without prejudice to the application of Articles 87, 88 and 89 of the Treaty as provided for in Article 172 of this Regulation, a Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Community, expanding the markets for milk and milk products and improving quality.

Article 177 Reporting in respect of certain sectors

The Commission shall present a report:

(1) before 30 September 2008 to the Council on the dried fodder sector, on the basis of an evaluation of the provisions contained in this Regulation, dealing in particular with the development of areas of leguminous and other green fodder, the production of dried fodder and the savings of fossil fuels achieved. The report shall be accompanied, if needed, by appropriate proposals;

(2) every three years and for the first time by 31 December 2010 to the European Parliament and the Council on the implementation of the measures concerning the apiculture sector set-out in Section VI of Chapter IV of Title I of Part II.

Article 178 Registration of contracts in the hops sector

1. Any contract to supply hops produced within the Community concluded between a producer or an association of producers and a buyer shall be registered by the bodies designated for that purpose by each producer Member State concerned.

2. Contracts relating to the supply of specific quantities at agreed prices for a period covering one or more harvests and concluded before 1 August of the year of the first harvest concerned shall be known as "contracts concluded in advance". They shall be registered separately.

3. The data on which registration is based may be used only for the purposes of this Regulation.

4. The Commission shall lay down the detailed rules concerning the registration of contracts to supply hops.

Article 179 Disturbances as regards internal market prices

The Commission may take the necessary measures in the case of the following situations, when those situations are likely to continue, thereby disturbing or threatening to disturb the markets:

(a) with regard to the products of the cereals, sugar, hops, beef and veal and sheep meat and goat meat sectors, where the prices on the Community market for any of those products rise or fall significantly;

(b) with regard to the products of the olives, pigmeat, eggs and poultry sectors, where the prices on the Community market for any of those products rise significantly.

Article 180 Disturbances as regards quotations or prices on the world market

Where, with regard to the products of the cereals, rice, sugar and milk and milk products sectors, the quotations or prices on the world market of one or more products reach a level that disrupts or threatens to disrupt the availability of supply on the Community market and where that situation is likely to continue or to deteriorate, the Commission may take the necessary measures for the sector concerned. It may in particular suspend import duties in whole or in part for certain quantities.

Article 181 Conditions for measures to be applied in cases of disturbances

The measures provided for in Articles 179 and 180 may be adopted:

(a) provided that any other measures available under this Regulation appear insufficient;

(b) having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty.

Article 182 Communications in the ethyl alcohol sector

1. As regards the products of the ethyl alcohol sector, the Member States shall communicate to the Commission the following information:

(a) the production of ethyl alcohol of agricultural origin expressed as hectolitres of pure alcohol, broken down by alcohol-producing product used;

(b) the volume of ethyl alcohol of agricultural origin disposed of, expressed as hectolitres of pure alcohol, broken down by sector of destination;

(c) the stocks of ethyl alcohol of agricultural origin available in the Member State at the end of the previous year;

(d) forecast production for the current year.

Rules for communicating this information and, in particular, the frequency of communication and the definition of the sectors of destination shall be adopted by the Commission.

2. On the basis of the information referred to in paragraph 1 and of any other information available, the Commission shall draw up a Community balance for the market in ethyl alcohol of agricultural origin for the previous year and an estimated balance for the current year.

The Community balance shall also contain information on ethyl alcohol of non-agricultural origin. The precise content and means of collecting such information shall be laid down by the Commission.

For the purposes of this paragraph, "ethyl alcohol of non-agricultural origin" shall mean products falling within CN codes 2207, 2208 90 91 and 2208 90 99 not obtained from a specific agricultural product listed in Annex I to the Treaty.

3. The Commission shall notify the Member States of the balances referred to in paragraph 2.

PART VI General Provisions

Article 183 Financial provisions

Regulation (EC) No 1290/2005 and the provisions adopted for the implementation thereof shall apply to the expenditure incurred by the Member States in carrying out obligations under this Regulation.

Article 184 Emergency

The Commission shall adopt the measures which are both necessary and justifiable in an emergency, in order to resolve practical specific problems.

Such measures may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.

Article 185 Exchange of information between the Member States and the Commission

1. Member States and the Commission shall provide each other with any information necessary for the application of this Regulation or for market monitoring and analysis and for complying with the international obligations concerning the products referred to in Article 1.

2. The Commission shall adopt detailed rules to determine what information is necessary for the application of paragraph 1, as well as those on its form, content, timing and deadlines and on arrangements for transmitting or making available information and documents.

Article 186 Circumvention clause

Without prejudice to any specific provisions, no advantages provided for under this Regulation shall be granted in favour of natural or legal persons for whom it is established that they artificially created the conditions required for obtaining such advantages, contrary to their objectives.

Article 187 Controls and penalties and their reporting

The Commission shall determine:

(a) the rules concerning administrative and physical controls to be conducted by the Member States with regard to the respect of obligations resulting from the application of this Regulation;

(b) a system for the application of penalties where non-compliances with any of the obligations resulting from the application of this Regulation are found;

(c) the rules regarding the recovery of undue payments;

(d) the rules on the reporting of the controls carried out as well as their results.

The penalties referred to in point (b) shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found.

PART VI I IMPLEMENTING, TRANSITIONAL AND FINAL RULES

CHAPTER I IMPLEMENTING PROVISIONS

Article 188 Committee

1. The Commission shall be assisted by the Management Committee for the Common Organisation of Agricultural Markets (hereinafter referred to as "the Committee").

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3. The Committee shall adopt its Rules of Procedure.

Article 189 Implementing rules and Commission competences

Where this Regulation confers competences upon the Commission to take measures, the Commission shall act in accordance with the procedure referred to in Article 188(2).

However, in respect of the following matters, the Commission shall act on its own without having recourse to the procedure referred to in Article 188(2):

(a) decisions to open or to close public intervention referred to in Article 13 in respect of beef and veal products and in Article 14(1) and in the first subparagraph of Article 14(2) in respect of butter;

(b) decisions concerning the applicability of Article 81(1) of the Treaty to agreements and concerted practices of interbranch organisations referred to in Article 170 of this Regulation;

(c) recognition of interbranch organisations referred to in the second paragraph of Article 118;

(d) decisions concerning the obligation to pay subscriptions by non-members to interbranch organisations referred to in Article 120;

(e) application of safeguard measures in accordance with Article 153;

(f) adjustments of the amount of export refunds in the intervening period referred to in the second subparagraph of Article 158(2);

(g) amendments to corrective amounts applicable to export refunds referred to in the second sentence of Article 158(4);

(h) drawing up of Community balances referred to in Article 182(2).

Article 190 Repeal by the Commission of certain Regulations adopted by the Council

In exercising powers conferred upon it by this Regulation, the Commission may repeal or amend Regulations adopted by the Council based on any of the Regulations or provisions repealed or deleted by Articles 191, 192, 193 and 195.

CHAPTER II TRANSITIONAL AND FINAL PROVISIONS

Article 191 Amendments to Regulation (EC) No 1493/1999

Articles 71 and 73 to 77 of Regulation (EC) No 1493/1999 are deleted.

Article 192 Amendments to Regulation (EC) No 2200/96

Articles 43, 44, 46, 47, 48 and 52 of Regulation (EC) No 2200/96 are deleted.

Article 193 Amendments to Regulation (EC) No 2201/96

Articles 23, 26, 27, 29 and 30 of Regulation (EC) No 2201/96 are deleted.

Article 194 Amendments to Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006 is amended as follows:

(1) The title is replaced by the following:

"Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in certain agricultural products"

(2) Article 1 is replaced by the following:

"Article 1

This Regulation shall lay down the rules to be applied as regards the applicability of Articles 81 to 86 and certain provisions of Article 88 of the Treaty in relation to production of, or trade in, the products listed in Annex I to the Treaty with the exception of the products that fall within the scope of Council Regulation (EC) No [XXX]* referred to in Article 1 of that Regulation.

Article 1a

Articles 81 to 86 of the Treaty and provisions made for their implementation shall, subject to Article 2 of this Regulation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to the production of, or trade in, the products referred to in Article 1.

* OJ L xxx, xxx, p. xxx."

(3) The first subparagraph of Article 2(1) is replaced by the following:

"1. Article 81(1) of the Treaty shall not apply to such of the agreements and practices referred to in Article 1a of this Regulation as form an integral part of a national market organisation or are necessary for attainment of the objectives set out in Article 33 of the Treaty."

(4) Article 3 is replaced by the following:

"Article 3

The provisions of Article 88(1) and of the first sentence of Article 88(3) of the Treaty shall apply to aid granted for the production of, or trade in, the products referred to in Article 1."

Article 195 Repeals

1. The following Regulations are repealed:

(a) Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC) No 2517/69, (EEC) No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005 as from 1 January 2008;

(b) Regulations (EEC) No 707/76, (EC) No 1786/2003, (EC) No 1788/2003 and (EC) No 1544/2006 as from 1 April 2008;

(c) Regulations (EEC) No 1898/87, (EEC) No 2204/90, (EEC) No 2991/94, (EC) No 2597/97 (EC) No 1255/1999, (EC) No 2250/1999, (EC) No 1673/2000, (EC) No 1784/2003, (EC) No 865/2004 and (EC) No 1947/2005 as from 1 July 2008;

(d) Regulation (EC) No 1785/2003 as from 1 September 2008;

(e) Regulation (EC) No 318/2006 as from 1 October 2008;

(f) Regulations (EEC) No 386/90, (EEC) No 1186/90 and (EC) No 1183/2006 as from 1 January 2009.

2. Decision 74/583/EEC is repealed as from 1 January2008.

Article 196 Construction of references

References to the provisions and Regulations which are amended or repealed by Articles 191 to 195 shall be construed as references to this Regulation and shall be read in accordance with the correlation tables set out in Annex XVIII.

Article 197 Transitional rules

Measures required to facilitate the transition from the arrangements provided for in the Regulations which are amended or repealed by Articles 191 to 195 to those established by this Regulation, may be adopted by the Commission.

Article 198 Entry into force

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

2. It shall apply from 1 January 2008.

However, it shall apply:

(a) as regards the cereals, seeds, olives and flax and hemp sectors, from 1 July 2008;

(b) as regards the rice sector, from 1 September 2008;

(c) as regards the sugar sector, from 1 October 2008 with the exception of Article 56 which shall apply as from 1 January 2008.

(d) as regards the dried fodder and the silkworm sectors, from 1 April 2008;

(e) as regards the wine sector as well as Article 191, from 1 August 2008;

(f) as regards the milk and milk products sector, with the exception of the provisions set out in Chapter III of Title I of Part II, from 1 July 2008;

(g) as regards the system of milk production limitation established in Chapter III of Title I of Part II, from 1 April 2008;

3. As regards the sugar sector, the provisions of Title I of Part II shall apply until the end of the marketing year 2014/2015 for sugar.

4. The provisions related to the system of milk production limitation established in Chapter III of Title I of Part II shall, in accordance with Article 63, apply until 31 March 2015.

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

Done at Brussels, …

For the Council

The President

ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1)

Part I: Cereals

As regards cereals, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | 0709 90 60 | Sweetcorn, fresh or chilled |

0712 90 19 | Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing |

1001 90 91 | Common wheat and meslin seed |

1001 90 99 | Spelt, common wheat and meslin other than for sowing |

1002 00 00 | Rye |

1003 00 | Barley |

1004 00 | Oats |

1005 10 90 | Maize (corn) seed other than hybrid |

1005 90 00 | Maize other than seed |

1007 00 90 | Grain sorghum, other than hybrids for sowing |

1008 | Buckwheat, millet and canary seed; other cereals |

(b) | 1001 10 | Durum wheat |

(c) | 1101 00 00 | Wheat or meslin flour |

1102 10 00 | Rye flour |

1103 11 | Groats and meal of wheat |

1107 | Malt, whether or not roasted |

(d) | 0714 | Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith |

ex 1102 | Cereal flours other than of wheat or meslin: |

1102 20 | – Maize (corn) flour |

1102 90 | – Other: |

1102 90 10 | – – Barley flour |

1102 90 30 | – – Oat flour |

1102 90 90 | – – Other |

ex 1103 | Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11), groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading 1103 20 50) |

ex 1104 | Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 and flaked rice of subheading 1104 19 91; germ of cereals, whole, rolled, flaked or ground |

1106 20 | Flour, meal and powder of sago or of roots or tubers of heading 0714 |

ex 1108 | Starches; inulin: |

– Starches: |

1108 11 00 | – – Wheat starch |

1108 12 00 | – – Maize (corn) starch |

1108 13 00 | – – Potato starch |

1108 14 00 | – – Manioc (cassava) starch |

ex 1108 19 | – – Other starches: |

1108 19 90 | – – – Other |

1109 00 00 | Wheat gluten, whether or not dried |

1702 | Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |

ex 1702 30 | – Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20% by weight of fructose: |

– – Other: |

– – – Other: |

1702 30 91 | – – – – In the form of white crystalline powder, whether or not agglomerated |

1702 30 99 | – – – – Other |

ex 1702 40 | – Glucose and glucose syrup, containing in the dry state at least 20% but less than 50% by weight of fructose, excluding invert sugar: |

1702 40 90 | – – Other |

ex 1702 90 | – Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50% by weight of fructose: |

1702 90 50 | – – Maltodextrine and maltodextrine syrup |

– – Caramel: |

– – – Other: |

1702 90 75 | – – – – In the form of powder, whether or not agglomerated |

1702 90 79 | – – – – Other |

2106 | Food preparations not elsewhere specified or included: |

ex 2106 90 | – Other |

– – Flavoured or coloured sugar syrups: |

– – – Other |

2106 90 55 | – – – – Glucose syrup and maltodextrine syrup |

ex 2302 | Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals |

ex 2303 | Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: |

2303 10 | – Residues of starch manufacture and similar residues |

2303 30 00 | – Brewing or distilling dregs and waste |

ex 2306 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305: |

2306 90 05 | – Of maize (corn) germ |

ex 2308 | Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: |

2308 00 40 | - Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes |

2309 | Preparations of a kind used in animal feeding: |

ex 2309 10 | – Dog or cat food, put up for retail sale: |

2309 10 11 2309 10 13 2309 10 31 2309 10 33 2309 10 51 2309 10 53 | – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products(1) except preparations and feedingstuffs containing 50% or more by weight of milk products |

ex 2309 90 | – Other: |

2309 90 20 | – – Products referred to in additional note 5 to Chapter 23 of the Combined Nomenclature |

– – Other, including premixes: |

2309 90 31 2309 90 33 2309 90 41 2309 90 43 2309 90 51 2309 90 53 | – – – Other, containing starch, glucose, glucose syrup, maltodextrine syrup of subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55, or milk products(1), excluding preparations and feedingstuffs containing 50% or more by weight of milk products |

(1) For the purposes of this subheading «milk products» means products falling within headings 0401 to 0406 as well as subheadings 1702 11, 1702 19 and 2106 90 51. |

Part II: Rice

As regards rice, this Regulation shall cover the products listed in the following table:

CN Code | Description |

(a) | 1006 10 21 to 1006 10 98 | Rice in the husk (paddy or rough) |

1006 20 | Husked (brown) rice |

1006 30 | Semi-milled or wholly milled rice, whether or not polished or glazed |

(b) | 1006 40 00 | Broken rice |

(c) | 1102 90 50 | Rice flour |

1103 19 50 | Rice groats and meal |

1103 20 50 | Pellets of rice |

1104 19 91 | Flaked grains of rice |

ex 1104 19 99 | Rolled grains of rice |

1108 19 10 | Rice starch |

Part III: Sugar

As regards sugar, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | 1212 91 | Sugar beet |

1212 99 20 | Sugar cane |

(b) | 1701 | Cane or beet sugar and chemically pure sucrose, in solid form |

(c) | 1702 20 | Maple sugar and maple syrup |

1702 60 95 and 1702 90 99 | Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose |

1702 90 60 | Artificial honey, whether or not mixed with natural honey |

1702 90 71 | Caramel containing 50% or more by weight of sucrose in the dry matter |

2106 90 59 | Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups |

(d) | 1702 30 10 1702 40 10 1702 60 10 1702 90 30 | Isoglucose |

(e) | 1702 60 80 1702 90 80 | Inulin syrup |

(f) | 1703 | Molasses resulting from the extraction or refining of sugar |

(g) | 2106 90 30 | Flavoured or coloured isoglucose syrups |

(h) | 2303 20 | Beet pulp, bagasse and other waste of sugar manufacture |

Part IV: Dried Fodder

As regards dried fodder, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | ex 1214 10 00 | – Meal and pellets of lucerne artificially heat-dried |

– Meal and pellets of lucerne otherwise dried and ground |

ex 1214 90 90 | – Lucerne, sainfoin, clover, lupins, vetches and similar fodder products, artificially heat-dried, except hay and fodder kale and products containing hay |

– Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground |

(b) | ex 2309 90 99 | – Protein concentrates obtained from lucerne juice and grass juice |

– Dehydrated products obtained exclusively from solid residues and juice resulting from preparation of the abovementioned concentrates |

Part V: Seeds

As regards seeds, this Regulation shall cover the products listed in the following table

CN code | Description of goods |

0712 90 11 | Sweetcorn hybrids: – for sowing |

0713 10 10 | Peas (Pisum sativum): – for sowing |

ex 0713 20 00 | Chickpeas (garbanzos): – for sowing |

ex 0713 31 00 | Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek: – for sowing |

ex 0713 32 00 | Small red (Adzuki) beans (Phaseolus or Vigna angularis): – for sowing |

0713 33 10 | Kidney beans, including white pea beans (Phaseolus vulgaris): – for sowing |

ex 0713 39 00 | Other beans: – for sowing |

ex 0713 40 00 | Lentils: – for sowing |

ex 0713 50 00 | Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor): – for sowing |

ex 0713 90 00 | Other dried leguminous vegetables: – for sowing |

1001 90 10 | Spelt: – for sowing |

ex 1005 10 | Hybrid maize (corn) seed |

1006 10 10 | Rice in the husk (paddy or rough): – for sowing |

1007 00 10 | Grain sorghum hybrids: – for sowing |

1201 00 10 | Soya beans, whether or not broken: – for sowing |

1202 10 10 | Groundnuts, not roasted or otherwise cooked, in shell: – for sowing |

1204 00 10 | Linseed, whether or not broken: – for sowing |

1205 10 10 | Rape or colza seeds, whether or not broken: – for sowing |

1206 00 10 | Sunflower seeds, whether or not broken: – for sowing |

ex 1207 | Other oil seeds and oleaginous fruits, whether or not broken: – for sowing |

1209 | Seeds, fruit and spores, of a kind used: – for sowing |

Part VI: Hops

1. As regards hops, this Regulation shall cover the products listed in the following table

CN code | Description of goods |

1210 | Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin |

2. The rules of this Regulation on marketing and trade with third countries shall also apply to the following products:

CN code | Description of goods |

1302 13 00 | Vegetable saps and extracts of hops |

Part VII: Olive Oil and Table Olives

As regards olive oil and table olives, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | 1509 | Olive oil and its fractions, whether or not refined, but not chemically modified |

1510 00 | Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509 |

(b) | 0709 90 31 | Olives, fresh or chilled, for uses other than the production of oil |

0709 90 39 | Other olives, fresh or chilled |

0710 80 10 | Olives (uncooked or cooked by steaming or boiling water), frozen |

0711 20 | Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption |

ex 0712 90 90 | Olives dried, whole, cut, sliced, broken or in powder, but not further prepared |

2001 90 65 | Olives prepared or preserved by vinegar or acetic acid |

ex 2004 90 30 | Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen |

2005 70 | Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen |

(c) | 1522 00 31 1522 00 39 | Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil |

2306 90 11 – 2306 90 19 | Oil-cake and other residues resulting from the extractions of olive oil |

Part VIII: Flax and hemp grown for fibre

As regards flax and hemp grown for fibre, this Regulation shall cover the products listed in the following table

CN code | Description |

5301 | Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) |

5302 | True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock) |

Part IX: Fruit and Vegetables

As regards fruit and vegetables, this Regulation shall cover the products listed in the following table:

CN code | Description |

0702 00 00 | Tomatoes, fresh or chilled |

0703 | Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled |

0704 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled |

0705 | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled |

0706 | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled |

0707 00 | Cucumbers and gherkins, fresh or chilled |

0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |

ex 0709 | Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 |

ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20 |

0803 00 11 | Fresh plantains |

ex 0803 00 90 | Dried plantains |

0804 20 10 | Figs, fresh |

0804 30 00 | Pineapples |

0804 40 00 | Avocados |

0804 50 00 | Guavas, mangos and mangosteens |

0805 | Citrus fruit, fresh or dried |

0806 10 10 | Fresh table grapes |

0807 | Melons (including watermelons) and pawpaws (papayas), fresh |

0808 | Apples, pears and quinces, fresh |

0809 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh |

0810 | Other fruit, fresh |

0813 50 31 0813 50 39 | Mixtures exclusively of dried nuts of headings 0801 and 0802 |

1212 99 30 | Carobs |

Part X: Processed Fruit and Vegetable Products

As regards processed fruit and vegetable products, this Regulation shall cover the products listed in the following table:

CN Code | Description |

(a) | ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59 |

ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30 |

ex 0712 | Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings ex 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90 |

0804 20 90 | Dried figs |

0806 20 | Dried grapes |

ex 0811 | Fruit and nuts, uncooked or cooked steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95 |

ex 0812 | Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas falling within subheading ex 0812 90 98 |

ex 0813 | Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39 |

0814 00 00 | Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |

0904 20 10 | Dried sweet peppers, neither crushed nor ground |

(b) | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter |

ex 1302 20 | Pectic substances and pectinates |

ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding: - fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 - sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 - yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch of subheading 2001 90 40 - palm hearts of subheading 2001 90 60 - olives of subheading 2001 90 65 - vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 99 |

2002 | Tomatoes prepared or preserved otherwise than by vinegar or acetic acid |

2003 | Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid |

ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91 |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10 |

ex 2006 00 | Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99 |

ex 2007 | Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, whether or not containing added sugar or other sweetening matter, excluding: – homogenised preparations of bananas of subheading ex 2007 10 – jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 57 and ex 2007 99 98 |

ex 2008 | Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding: – peanut butter of subheading 2008 11 10 – palm hearts of subheading 2008 91 00 – maize of subheading 2008 99 85 – yams, sweet potatoes and similar edible parts of plants, containing 5% or more by weight of starch of subheading 2008 99 91 – vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 – mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98 – bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99 |

ex 2009 | Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter |

Part XI: Bananas

As regards bananas, this Regulation shall cover the products listed in the following table:

CN codes | Description |

0803 00 19 | Fresh bananas, excluding plantains |

ex 0803 00 90 | Dried bananas, excluding plantains |

ex 0812 90 98 90 | Bananas provisionally preserved |

ex 0813 50 99 | Mixtures containing dried bananas |

1106 30 10 | Flour, meal and powder of bananas |

ex 2006 00 99 | Bananas preserved in sugar |

ex 2007 10 99 | Homogenised preparations of bananas |

ex 2007 99 39 ex 2007 99 57 ex 2007 99 98 | Jams, jellies, marmalades, purées and pastes of bananas |

ex 2008 92 59 ex 2008 92 78 ex 2008 92 93 ex 2008 92 98 | Mixtures containing bananas otherwise prepared or preserved |

ex 2008 99 49 ex 2008 99 67 ex 2008 99 99 | Bananas otherwise prepared or preserved |

ex 2009 80 35 ex 2009 80 38 ex 2009 80 79 ex 2009 80 86 ex 2009 80 89 ex 2009 80 99 | Banana juice |

Part XII: Wine

As regards wine, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | 2009 61 2009 69 | Grape juice (including grape must) |

2204 30 92 2204 30 94 2204 30 96 2204 30 98 | Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol |

(b) | ex 2204 | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98 |

(c) | 0806 10 90 | Fresh grapes other than table grapes |

2209 00 11 2209 00 19 | Wine vinegar |

(d) | 2206 00 10 | Piquette |

2307 00 11 2307 00 19 | Wine lees |

2308 00 11 2308 00 19 | Grape marc |

Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage

As regards live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, this Regulation shall cover all the products falling within Chapter 6 of the Combined Nomenclature.

Part XIV: Raw Tobacco

As regards raw tobacco, this Regulation shall cover raw or non-manufactured tobacco and tobacco refuse falling within heading 2401.

Part XV: Beef and Veal

As regards beef and veal, this Regulation shall cover the products listed in the following table:

CN code | Description of goods |

(a) | 0102 90 05 to 0102 90 79 | Live animals of the domestic bovine species, other than pure-bred breeding animals |

0201 | Meat of bovine animals, fresh or chilled |

0202 | Meat of bovine animals, frozen |

0206 10 95 | Thick skirt and thin skirt, fresh or chilled |

0206 29 91 | Thick skirt and thin skirt, frozen |

0210 20 | Meat of bovine animals, salted, in brine, dried or smoked |

0210 99 51 | Thick skirt and thin skirt, salted, in brine, dried or smoked |

0210 99 90 | Edible flours and meals of meat or meat offal |

1602 50 10 | Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal |

1602 90 61 | Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal |

(b) | 0102 10 | Live bovine pure-bred breeding animals |

0206 10 91 | Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the manufacture of pharmaceutical products |

0206 10 99 |

0206 21 00 | Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products |

0206 22 00 |

0206 29 99 |

0210 99 59 | Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin skirt |

ex 1502 00 90 | Fats of bovine animals, raw or rendered, whether or not pressed or solvent extracted |

1602 50 31 to 1602 50 80 | Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal |

1602 90 69 | Other prepared or preserved meat containing bovine meat or offal other than uncooked, and mixtures of cooked meat or offal and uncooked meat or offal. |

Part XVI: Milk and milk products

As regards milk and milk products, this Regulation shall cover the products listed in the following table:

CN code | Description of goods |

(a) | 0401 | Milk and cream, not concentrated nor containing added sugar or other sweetening matter |

(b) | 0402 | Milk and cream, concentrated or containing added sugar or other sweetening matter |

(c) | 0403 10 11 to 39 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor containing added fruit, nuts or cocoa |

0403 90 11 to 69 |

(d) | 0404 | Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included |

(e) | ex 0405 | Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75% but less than 80% |

(f) | 0406 | Cheese and curd |

(g) | 1702 19 00 | Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight less than 99% lactose, expressed as anhydrous lactose, calculated on the dry matter |

(h) | 2106 90 51 | Flavoured or coloured lactose syrup |

(i) | ex 2309 | Preparations of a kind used in animal feeding: – Preparations and feedingstuffs containing products to which this Regulation applies, directly or by virtue of Council Regulation (EEC) No 2730/75, except preparations and feedingstuffs falling under Part I of this Annex. |

Part XVII: Pigmeat

As regards pigmeat, this Regulation shall cover the products listed in the following table:

CN code | Description of goods |

(a) | ex 0103 | Live swine, of domestic species, other than pure-bred breeding animals |

(b) | ex 0203 | Meat of domestic swine, fresh, chilled, or frozen |

ex 0206 | Edible offal of domestic swine, other than for the manufacture of pharmaceutical products, fresh, chilled or frozen |

ex 0209 00 | Pig fat free of lean meat,not rendered, fresh, chilled, frozen, salted, in brine, dried or smoked |

ex 0210 | Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked |

1501 00 11 1501 00 19 | Pig fat (including lard) |

(c) | 1601 00 | Sausages and similar products, of meat, meat offal or blood; food preparations based on these products |

1602 10 00 | Homogenised preparations of meat, meat offal or blood |

1602 20 90 | Preparations or preserves of liver of any animal, other than goose or duck |

1602 41 10 1602 42 10 1602 49 11 to 1602 49 50 | Other preparations and preserves containing meat or offal of domestic swine |

1602 90 10 | Preparations of blood of any animal |

1602 90 51 | Other preparations or preserves containing meat or meat offal of domestic swine |

1902 20 30 | Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20% by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin |

Part XIII: Sheepmeat and goatmeat

As regards sheepmeat and goatmeat, this Regulation shall cover the products listed in the following table:

CN code | Description of goods |

(a) | 0104 10 30 0104 10 80 0104 20 90 0204 0210 99 21 0210 99 29 | Lambs (up to one year old) Live sheep other than pure-bred breeding animals and lambs Live goats other than pure-bred breeding animals Meat of sheep or goats, fresh, chilled or frozen Meat of sheep and goats, with bone in, salted, in brine, dried or smoked Meat of sheep and goats, boneless, salted, in brine, dried or smoked |

(b) | 0104 10 10 0104 20 10 0206 80 99 0206 90 99 0210 99 60 ex 1502 00 90 | Live sheep — pure-bred breeding animals Live goats — pure-bred breeding animals Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical products Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products Edible offal of sheep and goats, salted, in brine, dried or smoked Fats of sheep or goats, other than those of 1503 |

(c) | 1602 90 72 1602 90 74 | Other prepared or preserved meat or meat offal of sheep or goats, uncooked; mixtures of cooked and uncooked meat or offal |

(d) | 1602 90 76 1602 90 78 | Other prepared or preserved meat or meat offal of sheep or goats, other than uncooked or mixtures of cooked and uncooked meat or offal |

Part XIX: Eggs

As regards eggs, this Regulation shall cover the products listed in the following table:

CN code | Description |

(a) | 0407 00 11 0407 00 19 0407 00 30 | Poultry eggs, in shell, fresh, preserved or cooked |

(b) | 0408 11 80 0408 19 81 0408 19 89 0408 91 80 0408 99 80 | Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, other than unfit for human consumption |

Part XX: Poultry Meat

As regards poultry meat, this Regulation shall cover the products listed in the following table:

CN code | Description of goods |

(a) | 0105 | Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls |

(b) | ex 0207 | Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within point (c) |

(c) | 0207 13 91 | Poultry livers, fresh, chilled or frozen |

0207 14 91 |

0207 26 91 |

0207 27 91 |

0207 34 |

0207 35 91 |

0207 36 81 |

0207 36 85 |

0207 36 89 |

0210 99 71 | Poultry livers, salted, in brine, dried or smoked |

0210 99 79 |

(d) | 0209 00 90 | Poultry fat not rendered, fresh, chilled, frozen, salted, in brine, dried or smoked |

(e) | 1501 00 90 | Poultry fat |

(f) | 1602 20 11 | Goose or duck livers, otherwise prepared or preserved |

1602 20 19 |

1602 31 | Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved |

1602 32 |

1602 39 |

Part XXI: Other products

CN code | Description |

ex 0101 | Live horses, asses, mules and hinnies: |

0101 10 | – Pure-bred breeding animals: |

0101 10 10 | – – Horses (a) |

0101 10 90 | – – Other |

0101 90 | – Other: |

– – Horses: |

0101 90 19 | – – – Other than for slaughter |

0101 90 30 | – – Asses |

0101 90 90 | – – Mules and hinnies |

ex 0102 | Live bovine animals: |

ex 0102 90 | – Other than pure-bred breeding animals: |

0102 90 90 | – – Other than domestic species |

ex 0103 | Live swine: |

0103 10 00 | – Pure-bred breeding animals (b) |

– Other: |

ex 0103 91 | – – Weighing less than 50 kg: |

0103 91 90 | – – – Other than domestic species |

ex 0103 92 | – – Weighing 50 kg or more |

0103 92 90 | – – Other than domestic species |

0106 00 | Other live animals |

ex 0203 | Meat of swine, fresh, chilled or frozen: |

– Fresh or chilled: |

ex 0203 11 | – – Carcases and half-carcases: |

0203 11 90 | – – – Other than of domestic swine |

ex 0203 12 | – – Hams, shoulders and cuts thereof, with bone in: |

0203 12 90 | – – – Other than of domestic swine |

ex 0203 19 | – – Other: |

0203 19 90 | – – – Other than of domestic swine |

– – Frozen: |

ex 0203 21 | – – Carcases and half-carcases: |

0203 21 90 | – – – Other than of domestic swine |

ex 0203 22 | – – Hams, shoulders and cuts thereof, with bone in: |

0203 22 90 | – – – Other than of domestic swine |

ex 0203 29 | – – Other: |

0203 29 90 | – – – Other than of domestic swine |

ex 0205 00 | Meat of horses, asses, mules or hinnies, fresh, chilled or frozen: |

ex 0205 00 20 ex 0205 00 80 | – Of asses, mules or hinnies, fresh chilled or frozen – Of asses, mules or hinnies, frozen |

ex 0206 | Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen: |

ex 0206 10 | – Of bovine animals, fresh or chilled |

0206 10 10 | – – For the manufacture of pharmaceutical products (c) |

– Of bovine animals, frozen: |

ex 0206 22 00 | – – Livers: |

– – – For the manufacture of pharmaceutical products |

ex 0206 29 | – – Other: |

0206 29 10 | – – – For the manufacture of pharmaceutical products (c) |

ex 0206 30 00 | – Of swine, fresh or chilled: |

– – Of domestic swine: |

– – – For the manufacture of pharmaceutical products |

– – Other |

– Of swine, frozen: |

ex 0206 41 00 | – – Livers: |

– – – Of domestic swine: |

– – – – For the manufacture of pharmaceutical products |

– – – Other |

ex 0206 49 | – – Other: |

ex 0206 49 20 | – – – Of domestic swine: |

– – – – For the manufacture of pharmaceutical products |

0206 49 80 | – – – Other |

ex 0206 80 | – Other, fresh or chilled: |

0206 80 10 | – – For the manufacture of pharmaceutical products (c) |

– – Other: |

0206 80 91 | – – – Of horses, asses, mules and hinnies |

ex 0206 90 | – Other, frozen: |

0206 90 10 | – – For the manufacture of pharmaceutical products (c) |

– – Other: |

0206 90 91 | – – – Of horses, asses, mules and hinnies |

0208 | Other meat and edible meat offal, fresh, chilled or frozen |

0210 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal: |

– Meat of swine: |

ex 0210 11 | – – Hams, shoulders and cuts thereof, with bone in: |

0210 11 90 | – – – Other than of domestic swine |

ex 0210 12 | – – Bellies (streaky) and cuts thereof: |

0210 12 90 | – – – Other than of domestic swine |

ex 0210 19 | – – Other: |

0210 19 90 | – – – Other than of domestic swine |

– Other, including edible flours and meals of meat or meat offal: |

0210 91 00 | – – Of primates |

0210 92 00 | – – Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia) |

0210 93 00 | – – Of reptiles (including snakes and turtles) |

ex 0210 99 | – – Other: |

– – – Meat: |

0210 99 31 | – – – – Of reindeer |

0210 99 39 | – – – – Other |

– – – Offal: |

– – – – Other than of domestic swine, bovine animals, sheep and goats |

0210 99 80 | – – – – – Other than poultry livers |

ex 0407 00 | Birds' eggs, in shell, fresh, preserved or cooked: |

0407 00 90 | – Other than of poultry |

ex 0408 | Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: |

– Egg yolks: |

ex 0408 11 | – – Dried: |

0408 11 20 | – – – Unfit for human consumption (d) |

ex 0408 19 | – – Other: |

0408 19 20 | – – – Unfit for human consumption (d) |

– Other: |

ex 0408 91 | – – Dried: |

0408 91 20 | – – – Unfit for human consumption (d) |

ex 0408 99 | – – Other: |

0408 99 20 | – – – Unfit for human consumption (d) |

0410 00 00 | Edible products of animal origin, not elsewhere specified or included |

0504 00 00 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked |

ex 0511 | Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: |

0511 10 00 | – Bovine semen |

– Other: |

0511 91 | – – Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3 |

ex 0511 99 | – – Other: |

0511 99 31 and 0511 99 39 0511 99 85 | – – –natural sponges of animal origin – – –Other |

ex 0709 | Other vegetables, fresh or chilled: |

ex 0709 60 | – Fruits of the genus Capsicum or of the genus Pimenta: |

– – Other: |

0709 60 91 | – – – Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes (c) |

0709 60 95 | – – – For the industrial manufacture of essential oils or resinoids (c) |

0709 60 99 | – – – Other |

ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |

ex 0710 80 | – Other vegetables: |

– – Fruits of the genus Capsicum or of the genus Pimenta: |

0710 80 59 | – – – Other than sweet peppers |

ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |

ex 0711 90 | – Other vegetables; mixtures of vegetables: |

– – Vegetables: |

0711 90 10 | – – – Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers |

0713 | Dried leguminous vegetables, shelled, whether or not skinned or split: |

ex 0713 10 | – Peas (Pisum sativum): |

0713 10 90 | – – Other than for sowing |

ex 0713 20 00 | – Chickpeas (garbanzos): |

– – Other than for sowing |

– Beans (Vigna spp., Phaseolus spp.): |

ex 0713 31 00 | – – Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek: |

– – – Other than for sowing |

ex 0713 32 00 | – – Small red (Adzuki) beans (Phaseolus or Vigna angularis): |

– – – Other than for sowing |

ex 0713 33 | – – Kidney beans, including white pea beans (Phaseolus vulgaris): |

0713 33 90 | – – – Other than for sowing |

ex 0713 39 00 | – – Other: |

– – – Other than for sowing |

ex 0713 40 00 | – Lentils: |

– – – Other than for sowing |

ex 0713 50 00 | – Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia faba var. minor): |

– – Other than for sowing |

ex 0713 90 00 | – Other: |

– – Other than for sowing |

0801 | Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled |

0802 | Other nuts, fresh or dried, whether or not shelled or peeled: |

ex 0802 90 | – Other: |

ex 0802 90 20 | – – Areca (or betel) and cola |

ex 0804 | Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: |

0804 10 00 | – Dates |

0902 | Tea, whether or not flavoured |

ex 0904 | Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10 |

0905 00 00 | Vanilla |

0906 | Cinnamon and cinnamon-tree flowers |

0907 00 00 | Cloves (whole fruit, cloves and stems) |

0908 | Nutmeg, mace and cardamoms |

0909 | Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries |

0910 | Ginger, saffron, turmeric (curcuma), thyme, bay leaves, curry and other spices |

ex 1106 | Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8: |

1106 10 00 | – Of the dried leguminous vegetables of heading 0713 |

ex 1106 30 | – Of the products of Chapter 8: |

1106 30 90 | – – Other than bananas |

ex 1108 | Starches; inulin: |

1108 20 00 | – Inulin |

1202 10 90 | Groundnuts, not roasted or otherwise cooked, in shell, other than for sowing |

1202 20 00 | Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken |

1203 00 00 | Copra |

1206 00 91 | Sunflower seeds, whether or not broken, other than for sowing |

1206 00 99 |

1207 20 90 | Cotton seeds, whether or not broken, other than for sowing |

1207 40 90 | Sesamum seeds, whether or not broken, other than for sowing |

1207 50 90 | Mustard seeds, whether or not broken, other than for sowing |

1207 91 90 | Poppy seeds, whether or not broken, other than for sowing |

1207 99 91 | Hemp seeds, whether or not broken, other than for sowing |

ex 1207 99 97 | Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing |

1208 | Flours and meals of oil seeds or oleaginous fruits, other than those of mustard |

1211 | Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered |

ex 1212 | Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: |

ex 1212 20 00 | – Seaweeds and other algae used primarily in pharmacy or for human consumption |

– Other: |

ex 1212 99 | – – Other than sugar cane, locust beans and locust bean seeds: |

ex 1212 99 70 | – – – Other, excluding chicory root |

1213 00 00 | Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets |

ex 1214 | Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets: |

ex 1214 10 | Meal and pellets of lucerne artificially heat-dried, excluding: Meal and pellets of lucerne otherwise dried and ground |

ex 1214 90 | – Other: |

1214 90 10 | – – Mangolds, swedes and other fodder roots |

ex 1214 90 90 | – – Other, excluding: |

– Lucerne, sainfoin, clover, lupines, vetches and similar fodder products artificially heat-dried, except hay and fodder kale and products containing hay |

– Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground |

ex 1502 00 | Fats of bovine animals, sheep or goats, other than those of heading 1503: |

ex 1502 00 10 | – For industrial uses other than the manufacture of foodstuffs for human consumption, excluding fats obtained from bones and waste (c) |

1503 00 | Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared |

1504 | Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified |

1507 | Soya-bean oil and its fractions, whether or not refined, but not chemically modified |

1508 | Groundnut oil and its fractions, whether or not refined, but not chemically modified |

1511 | Palm oil and its fractions, whether or not refined, but not chemically modified |

1512 | Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified |

1513 | Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified |

1514 | Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified |

ex 1515 | Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their fractions, whether or not refined, but not chemically modified |

ex 1516 | Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10) |

ex 1517 | Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93 |

1518 00 31 | Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture of foodstuffs for human consumption (c) |

1518 00 39 |

1522 00 91 | Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil |

1522 00 99 | Other residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil |

ex 1602 | Other prepared or preserved meat, meat offal or blood: |

– Of swine: |

ex 1602 41 | – – Hams and cuts thereof: |

1602 41 90 | – – – Other than of domestic swine |

ex 1602 42 | – – Shoulders and cuts thereof: |

1602 42 90 | – – – Other than of domestic swine |

ex 1602 49 | – – Other, including mixtures: |

1602 49 90 | – – – Other than of domestic swine |

ex 1602 90 | – Other, including preparations of blood of any animal: |

– – Other than preparations of blood of any animal: |

1602 90 31 | – – – Of game or rabbit |

1602 90 41 | – – – Of reindeer |

– – – Other: |

– – – – Other than containing the meat or meat offal of domestic swine: |

– – – – – Other than containing bovine meat or meat offal: |

1602 90 98 | – – – – – – Other than of sheep or goats |

1603 00 | Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates |

1801 00 00 | Cocoa beans, whole or broken, raw or roasted |

1802 00 00 | Cocoa shells, husks, skins and other cocoa waste |

ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |

ex 2001 90 | – Other: |

2001 90 20 | – – Fruits of the genus Capsicum other than sweet peppers or pimentos |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |

ex 2005 90 | – Other vegetables and mixtures of vegetables: |

2005 99 10 | – – Fruits of the genus Capsicum other than sweet peppers or pimentos |

ex 2206 | Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: |

2206 00 31 to 2206 00 89 | – Other than piquette |

ex 2301 | Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: |

2301 10 00 | – Flours, meals and pellets, of meat or meat offal; greaves |

ex 2302 | Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants: |

2302 50 00 | – Of leguminous plants |

2304 00 00 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil |

2305 00 00 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |

ex 2307 00 | Wine lees; argol: |

2307 00 90 | – Argol |

ex 2308 00 | Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: |

2308 00 90 | – – Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes |

ex 2309 | Preparations of a kind used in animal feeding: |

ex 2309 10 | – Dog or cat food, put up for retail sale: |

2309 10 90 | – – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products |

ex 2309 90 | – Other: |

2309 90 10 | – – Fish or marine mammal solubles |

– – Other, including premixes: |

ex 2309 90 91 to 2309 90 99 | – – – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding |

– Protein concentrates obtained from lucerne juice and grass juice |

– Dehydrated products obtained exclusively from solid residues and juice resulting from the preparation of the concentrates referred to in the first indent |

(a) Entry under this subheading is subject to the conditions laid down in the relevant Community provisions (see Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66); Commission Decision 93/623/EEC (OJ L 298, 3.12.1993, p. 45)). (b) Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Council Directive 88/661/EEC (OJ L 382, 31.12.1988, p. 36); Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66); Commission Decision 96/510/EC (OJ L 210, 20.8.1996, p. 53)). (c) Entry under this subheading is subject to conditions laid down in the relevant Community provisions (see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments). (d) Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the Combined Nomenclature (Annex I to Regulation (EEC) No 2658/87). |

ANNEX IILIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2)

Part I: Ethyl alcohol

1. As regards ethyl alcohol, this Regulation shall cover the products listed in the following table:

CN code | Description |

ex 2207 10 00 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol. or higher obtained from the agricultural products listed in Annex I to the Treaty |

ex 2207 20 00 | Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty |

ex 2208 90 91 and ex 2208 90 99 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol. obtained from the agricultural products listed in Annex I to the Treaty |

2. Section I of Chapter II of Part III on import licences and Section I of Chapter III of that Part shall apply also to products based on ethyl alcohol of agricultural origin falling within CN code 2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in paragraph 1.

Part II: Apiculture products

1. As regards apiculture products, this Regulation shall cover the products listed in the following table:

CN code | Description |

0409 | Natural honey |

ex 0410 00 00 | Royal jelly, propolis edible |

ex 0511 99 90 | Royal jelly, propolis non–edible |

ex 1212 99 80 | Pollen |

ex 1521 90 | Beeswax |

Part III: Silkworms

As regards silkworms, this Regulation shall cover silkworms falling within CN subheading 0106 90 00 and silkworm eggs falling within subheading 0511 99 85.

ANNEX IIIDEFINITIONS REFERRED TO IN ARTICLE 2

Part I: Definitions concerning the rice secto r

I. The terms 'paddy rice', 'husked rice', 'semi-milled rice', 'wholly milled rice', 'round grain rice' 'medium grain rice', 'long grain rice A or B' and 'broken rice' shall be defined as follows:

1. (a) Paddy rice: means rice which has retained its husk after threshing.

(b) Husked rice: means paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions ‘brown rice', ‘cargo rice', ‘loonzain' and ‘riso sbramato'.

(c) Semi-milled rice: means paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed.

(d) Wholly milled rice: means paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10% of the grains.

2. (a) Round grain rice: means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2.

(b) Medium grain rice: means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3.

(c) Long grain rice: means

(i) long grain rice A, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is greater than 2 but less than 3;

(ii) long grain rice B, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is equal to or greater than 3.

(d) Measurements of the grains: means grain measurements are taken on wholly milled rice by the following method:

(i) take a sample representative of the batch;

(ii) sieve the sample so as to retain only whole grains, including immature grains;

(iii) carry out two measurements of 100 grains each and work out the average;

(iv) express the result in millimetres, rounded off to one decimal place.

3. Broken rice: means grain fragments the length of which does not exceed three quarters of the average length of the whole grain.

II. As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:

A. Whole grains

Grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling.

B. Clipped grains

Grains from which the entire end has been removed.

C. Broken grains or fragments

Grains from which a part of the volume greater than the end has been removed; broken grains include:

- large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain),

- medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of ‘large broken grains'),

- fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm),

- fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition.

D. Green grains

Grains which are not fully ripened.

E. Grains showing natural malformation

Natural malformation means malformation, whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety.

F. Chalky grains

Grains at least three-quarters of the surface of which looks opaque and chalky.

G. Grains striated with red

Grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp.

H. Spotted grains

Grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole.

I. Stained grains

Grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains.

J. Yellow grains

Grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone.

K. Amber grains

Grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow.

Part II: Definitions concerning the sugar sector

1. "white sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5% or more by weight of sucrose, determined by the polarimetric method;

2. "raw sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5% by weight of sucrose, determined by the polarimetric method;

3. "isoglucose" means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10% fructose;

4. "inulin syrup" means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10% fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission;

5. "quota sugar", "quota isoglucose" and "quota inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned;

6. "industrial sugar" means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 59(2);

7. "industrial isoglucose" and "industrial inulin syrup" mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 59(2);

8. "surplus sugar", "surplus isoglucose" and "surplus inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7);

9. "quota beet" means all sugar beet processed into quota sugar;

10. "delivery contract" means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar;

11. "agreement within the trade" means one of the following:

(a) an agreement concluded at Community level, prior to the conclusion of any delivery contract, between a group of national undertakings' organisations on the one hand and a group of national sellers' organisations on the other;

(b) an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the Member State concerned on the one hand and a sellers' association recognised by the Member State concerned on the other;

(c) in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar;

(d) in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60% of the total beet bought by the undertaking for the manufacture of sugar in one or more factories;

12. "ACP/Indian sugar" means sugar falling within CN code 1701 originating in the States listed in Annex XVI and imported into the Community under:

- Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or

- the Agreement on cane sugar between the European Community and the Republic of India[66];

13. "full-time refiner" means a production unit:

- of which the sole activity consists of refining imported raw cane sugar, or

- which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar.

Part III: Definitions concerning the hops sector

1. “hops” means the dried inflorescences, also known as cones, of the (female) climbing hop plant ( Humulus lupulus ); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm;

2. “hop powder” means the product obtained by milling the hops, containing all the natural elements thereof;

3. “hop powder with higher lupulin content” means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides;

4. “extract of hops” means the concentrated products obtained by the action of a solvent on the hops or on the hop powder;

5. “mixed hop products” means a mixture of two or more of the products referred to in points (1) to (4).

Part IV: Definitions concerning the beef and veal sector

1. “bovine animals” means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79;

2. “adult bovine animals” means bovine animals the live weight of which is more than 300 kilograms.

Part V: Definitions concerning the milk sector

1. For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase "manufactured directly from milk or cream" does not exclude butter manufactured from milk or cream, without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of concentrated milkfat and/or the fractionation of such milkfat.

2. For the purposes of the application of Article 114 concerning the use of casein and caseinates in the manufacture of cheese:

(a) "cheese" shall mean products covered by CN code 0406 and manufactured within the Community territory;

(b) "casein and caseinates" shall mean products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.

Part VI: Definitions concerning the eggs sector

1. “eggs in shell” means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in 2.;

2. “eggs for hatching” means poultry eggs for hatching;

3. “whole products” means birds’ eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption;

4. “separated products” means birds’ egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption.

Part VII: Definitions concerning the poultry sector

1. “live poultry” means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams;

2. “chicks” means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams;

3. “slaughtered poultry” means dead fowls, ducks, geese, turkeys and guinea fowls, whole, with or without offal;

4. “derived products” means the following:

(a) products specified in point (a) of Part XX of Annex I;

(b) products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as “poultry cuts;

(c) edible offals specified in point (b) of Part XX of Annex I;

(d) products specified in point (c) of Part XX of Annex I;

(i) products specified in points (d) and (e) of Part XX of Annex I;

(ii) Products referred to in point (f) of Part XX of Annex I, other than those products falling within CN codes 1602 20 11 and 1602 20 19.

Part VIII: Definitions concerning the apiculture sector

1. 'Honey' means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

The main types of honey are as follows:

(a) according to origin:

(i) blossom honey or nectar honey: honey obtained from the nectar of plants;

(ii) honeydew honey: honey obtained mainly from excretions of plant sucking insects ( Hemiptera ) on the living part of plants or secretions of living parts of plants;

(b) according to mode of production and/or presentation:

(iii) comb honey: honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;

(iv) chunk honey or cut comb in honey: honey which contains one or more pieces of comb honey;

(v) drained honey: honey obtained by draining decapped broodless combs;

(vi) extracted honey: honey obtained by centrifuging decapped broodless combs;

(vii) pressed honey: honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45 °C;

(viii) filtered honey: honey obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen.

'Baker's honey' means honey which is:

(a) suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and

(b) may:

- have a foreign taste or odour, or

- have begun to ferment or have fermented, or

- have been overheated.

2. "Apiculture products" means honey, beeswax, royal jelly, propolis or pollen used in bee-keeping.

ANNEX IVNATIONAL AND REGIONAL QUOTASreferred to in Articles 53 and 56

(tonnes)

Member States or regions (1) | Sugar (2) | Isoglucose (3) | Inulin syrup (4) |

Belgium | 819 812 | 85 694 | 0 |

Czech Republic | 454 862 | – | – |

Denmark | 420 746 | – | – |

Germany | 3 655 456 | 42 360 | – |

Greece | 317 502 | 15 433 | – |

Spain | 903 843 | 98 845 | – |

France (metropolitan) | 3 552 221 | 23 755 | 0 |

French overseas departments | 480 245 | – | – |

Ireland | 0 | – | – |

Italy | 778 706 | 24 301 | – |

Latvia | 66 505 | – | – |

Lithuania | 103 010 | – |

Hungary | 401 684 | 164 736 | – |

Netherlands | 864 560 | 10 891 | 0 |

Austria | 387 326 | – | – |

Poland | 1 671 926 | 32 056 | – |

Portugal (mainland) | 34 500 | 11 870 | – |

The autonomous region of the Azores | 9 953 | – | – |

Slovakia | 207 432 | 50 928 | – |

Slovenia | 52 973 | – | – |

Finland | 146 087 | 14 210 | – |

Sweden | 325 700 | – | – |

United Kingdom | 1 138 627 | 32 602 | – |

TOTAL | 16 793 675 | 607 681 | 0 |

ANNEX V Supplementary quotas for isoglucose referred to in Article 55(2)

(tonnes)

Member States | Additional quota |

Italy | 60 000 |

Lithuania | 8 000 |

Sweden | 35 000 |

ANNEX VI DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 57

Point I

For the purposes of this Annex:

(a) "merger of undertakings" means the consolidation of two or more undertakings into a single undertaking;

(b) "transfer of an undertaking" means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings;

(c) "transfer of a factory" means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer;

(d) "lease of a factory" means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State, as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production.

Point II

1. Without prejudice to paragraph 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows:

(a) in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned;

(b) in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them;

(c) in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed.

2. Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in paragraph 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane.

3. In the event of closure, in circumstances other than those referred to in paragraph 1, of:

(a) a sugar-producing undertaking;

(b) one or more factories of a sugar-producing undertaking,

the Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing undertakings.

Also in the case referred to in point (b) of the preceding subparagraph, where some of the producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they intend to supply with those products.

4. Where the derogation referred to in Article 47(6) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply paragraphs 2 and 3 of this Point.

5. In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it.

If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this paragraph shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure , the Member State shall not be bound to cancel the adjustment.

6. Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Community legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed.

7. Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years.

Point III

In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other undertakings, whether or not they have a production quota.

Point IV

The measures taken pursuant to Points II and III may take effect only if the following conditions are met:

(a) the interests of each of the parties concerned are taken into consideration;

(b) the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors;

(c) they concern undertakings established in the same territory for which the quota is set in Annex IV.

Point V

When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in points II and III shall take effect for the current marketing year.

When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in points II and III shall take effect for the following marketing year.

Point VI

Where Article 56(3) is applied, Member States shall allocate the adjusted quotas by the end of February at the latest with a view to applying them in the following marketing year.

Point VII

Where points II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15 days after the expiry of the periods referred to in point V.

ANNEX VIINATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIESreferred to in Article 63

1. National Quotas

Member State | Quantities, tonnes |

Belgium | 3 360 087,000 |

Bulgaria | 979 000,000 |

Czech Republic | 2 737 931,000 |

Denmark | 4 522 176,000 |

Germany | 28 282 788,000 |

Estonia | 646 368,000 |

Greece | 820 513,000 |

Spain | 6 116 950,000 |

France | 24 599 335,000 |

Ireland | 5 395 764,000 |

Italy | 10 530 060,000 |

Cyprus | 145 200,000 |

Latvia | 728 648,000 |

Lithuania | 1 704 839,000 |

Luxembourg | 273 084,000 |

Hungary | 1 990 060,000 |

Malta | 48 698,000 |

Netherlands | 11 240 814,000 |

Austria | 2 790 642,000 |

Poland | 8 980 143,000 |

Portugal | 1 948 550,000 |

Romania | 3 057 000,000 |

Slovenia | 576 638,000 |

Slovakia | 1 040 788,000 |

Finland | 2 443 069,324 |

Sweden | 3 352 545,000 |

United Kingdom | 14 828 597,000 |

2. Special restructuring reserve quantities

Member State | Special restructuring reserve quantities, tonnes |

Bulgaria | 39 180 |

Romania | 188 400 |

ANNEX VIIIREFERENCE FAT CONTENTreferred to in Article 67

Member State | Reference fat content (g/kg) |

Belgium | 36,91 |

Bulgaria | 39,10 |

Czech Republic | 42,10 |

Denmark | 43,68 |

Germany | 40,11 |

Estonia | 43,10 |

Greece | 36,10 |

Spain | 36,37 |

France | 39,48 |

Ireland | 35,81 |

Italy | 36,88 |

Cyprus | 34,60 |

Latvia | 40,70 |

Lithuania | 39,90 |

Luxembourg | 39,17 |

Hungary | 38,50 |

Netherlands | 42,36 |

Austria | 40,30 |

Poland | 39,00 |

Portugal | 37,30 |

Romania | 35,93 |

Slovenia | 41,30 |

Slovakia | 37,10 |

Finland | 43,40 |

Sweden | 43,40 |

United Kingdom | 39,70 |

ANNEX IX

A. Apportionment of the maximum guaranteed quantity among the Member States referred to in Article 91(1):

Belgium | 13 800 |

Bulgaria | 13 |

Czech Republic | 1 923 |

Germany | 300 |

Estonia | 30 |

Spain | 50 |

France | 55 800 |

Latvia | 360 |

Lithuania | 2263 |

Netherlands | 4800 |

Austria | 150 |

Poland | 924 |

Portugal | 50 |

Romania | 42 |

Slovakia | 73 |

Finland | 200 |

Sweden | 50 |

United Kingdom | 50 |

B. Apportionment of the maximum guaranteed quantity among the Member States referred to in Article 86

Belgo-Luxembourg Economic Union (BLEU) | 8 000 |

Czech Republic | 27 942 |

Denmark | 334 000 |

Germany | 421 000 |

Greece | 37 500 |

Spain | 1 325 000 |

France | 1 605 000 |

Ireland | 5 000 |

Italy | 685 000 |

Lithuania | 650 |

Hungary | 49 593 |

Netherlands | 285 000 |

Austria | 4 400 |

Poland | 13 538 |

Portugal | 30 000 |

Slovakia | 13 100 |

Finland | 3 000 |

Sweden | 11 000 |

United Kingdom | 102 000 |

ANNEX X DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS referred to in Article 110(1)

I. Definitions:

For the purposes of this Annex:

(a) "marketing" shall mean holding or display with a view to sale, offering for sale, sale, delivery or any other manner of placing on the market;

(b) "designation" shall mean the name used at all stages of marketing.

II. Use of the term "milk"

1. The term "milk" shall mean exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom.

However, the term "milk" may be used:

(a) for milk treated without altering its composition or for milk the fat content of which is standardised under Article 110(2) in conjunction with Annex XI;

(b) in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition and/or withdrawal of natural milk constituents.

2. For the purposes of this Annex, "milk products" shall mean products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.

The following shall be reserved exclusively for milk products:

(a) the following designations:

(i) whey,

(ii) cream,

(iii) butter,

(iv) buttermilk,

(v) butteroil,

(vi) caseins,

(vii) anhydrous milkfat (AMF),

(viii) cheese,

(ix) yogurt,

(x) kephir,

(xi) koumiss,

(xii) viili/fil,

(xiii) smetana,

(xiv) fil;

(b) designations or names within the meaning of Article 5 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs [67] , actually used for milk products.

3. The term "milk" and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product.

4. The origin of milk and milk products to be defined by the Commission shall be stated if it is not bovine.

III. Use of designations in respect of competing products

1. The designations referred to in point II of this Annex may not be used for any product other than those referred to in that point.

However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.

2. In respect of a product other than those described in point II of this Annex, no label, commercial document, publicity material or any form of advertising as defined in Article 2(1) of Council Directive 84/450/EEC of 10 September 1984 concerning misleading and comparative advertising[68], may be used which claims, implies or suggests that the product is a dairy product.

However, in respect of a product which contains milk or milk products, the designation "milk" or the designations referred to in the second subparagraph of point II (2) of this Annex may be used only to describe the basic raw materials and to list the ingredients in accordance with Directive 2000/13/EC.

IV. Lists of products; communications

1. Member States shall make available to the Commission an indicative list of the products which they regard as corresponding in their territory to the products referred to in the second subparagraph of point III (1) of this Annex.

Member States shall, where necessary, make additions to this list subsequently and inform the Commission thereof.

2. Each year before 1 October the Member States shall report to the Commission on developments in the market in milk products and competing products in the context of the implementation of this Annex so that the Commission is in a position to report to the Council by 1 March of the ensuing year.

ANNEX XIMARKETING OF MILK FOR HUMAN CONSUMPTIONreferred to in Article 110(2)

I. Definitions

For the purposes of this Annex:

(a) "milk" shall mean the produce of the milking of one or more cows;

(b) "drinking milk" shall mean the products referred to in point III of this Annex intended for delivery without further processing to the consumer;

(c) "fat content" shall mean the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;

(d) "protein content" shall mean the ratio by mass of parts of protein per hundred parts of milk in the milk concerned (obtained by multiplying by 6,38 the total nitrogen content of the milk expressed as a percentage by mass).

II. Delivery or sale to the final consumer

1. Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar mass caterers.

2. The sales descriptions to be used for those products shall be those given in point III of this Annex. Those descriptions shall be used only for the products referred to in that point, without prejudice to their use in composite descriptions.

3. Member States shall adopt measures to inform consumers of the nature and composition of the products concerned where the absence of such information is likely to cause confusion.

III. Drinking milk

1. The following products shall be considered as drinking milk:

(a) raw milk: milk which has not been heated above 40°C or subjected to treatment having equivalent effect;

(b) whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:

(i) standardised whole milk: milk with a fat content of at least 3,50% (m/m). However, Member States may provide for an additional category of whole milk with a fat content of 4,00% (m/m) or above,

(ii) non-standardised whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has been altered. However, the fat content may not be less than 3,50% (m/m);

(c) semi-skimmed milk: heat-treated milk whose fat content has been reduced to at least 1,50% (m/m) and at most 1,80% (m/m);

(d) skimmed-milk: heat-treated milk whose fat content has been reduced to not more than 0,50% (m/m).

2. Without prejudice to point (b)(ii) of paragraph 1, only the following modifications shall be allowed:

(a) in order to meet the fat contents laid down for drinking milk, modification of the natural fat content by the removal or addition of cream or the addition of whole milk, semi-skimmed milk or skimmed milk;

(b) enrichment of milk with milk proteins, mineral salts or vitamins;

(c) reduction of the lactose content by conversion to glucose and galactose.

Modifications in the composition of milk referred to in points (b) and (c) shall be allowed only if they are indelibly indicated on the packing of the product so that it can be easily seen and read. However, such indication shall not remove the obligation as regards nutrition labelling laid down by Council Directive 90/496/EEC of 24 September 1990 on nutrition labeling for foodstuffs[69]. Where proteins are added, the protein content of the enriched milk must be 3,8% (m/m) or more.

However, Member States may limit or prohibit modifications to the composition of milk referred to in points (b) and (c).

3. Drinking milk shall

(a) have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the drinking milk collected;

(b) have a mass of not less than 1 028 grams per litre for milk containing 3,5% (m/m) of fat at a temperature of 20°C or the equivalent weight per litre for milk having a different fat content;

(c) contain a minimum of 2,9% (m/m) of protein for milk containing 3,5% (m/m) of fat or an equivalent concentration in the case of milk having a different fat content;

IV. Imported products

Products imported into the Community for sale as drinking milk shall comply with this Regulation.

V. Directive 2000/13/EC shall apply, in particular as regards national provisions on the labelling of drinking milk.

VI. Controls and penalties and their reporting

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 187 of this Regulation, Member States shall adopt all appropriate measures to monitor the application of this Regulation, penalise infringements and prevent and repress fraud.

Such measures and any amendments shall be notified to the Commission during the month following their adoption.

ANNEX XIISTANDARDS APPLYING TO SPREADABLE FATSreferred to in Article 111

I. Sales descriptions

1. The products referred to in Article 111 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Appendix.

2. The sales descriptions of these products shall be those specified in the Appendix, without prejudice to point II(2) or point IV of this Annex.

The sales descriptions in the Appendix shall be reserved for the products defined therein.

However, this paragraph shall not apply to:

(a) the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product,

(b) concentrated products (butter, margarine, blends) with a fat content of 90% or more.

II. Labelling and presentation

1. In addition to the rules laid down in Directive 2000/13/EC, the following information shall be indicated in the labeling and presentation of the products referred to in point I(1) of this Annex:

(a) the sales description as defined in the Appendix;

(b) the total percentage fat content by weight at the time of production for products referred to in the Appendix;

(c) the vegetable, milk or other animal fat content in decreasing order of weighted importance as a percentage by total weight at the time of production for compound fats referred to in the Part C of the Appendix;

(d) the percentage salt content must be indicated in a particularly legible manner in the list of ingredients for products referred to in the Appendix.

2. Notwithstanding paragraph 1(a) the sales descriptions 'minarine' or 'halvarine' may be used for products referred to in point 3 of Part B of the Appendix.

3. The sales description referred to in point (a) of paragraph 1 may be used together with one or more terms to define the plant and/or animal species from which the products originate, or the intended use of the products as well as with other terms concerning the production methods in so far as such terms are not in contradiction with other Community provisions, in particular with Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed[70].

Indications of geographical origin may also be used subject to the provisions of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs[71].

4. The term 'vegetable' may be used together with the sales descriptions in Part B of the Appendix, provided that the product contains only fat of vegetable origin with a tolerance of 2% of the fat content for animal fats. This tolerance shall also apply where reference is made to a vegetable species.

5. The information referred to in paragraphs 1, 2 and 3 shall be easy to understand and marked in a conspicuous place in such a way as to be easily visible, clearly legible and indelible.

6. Special measures regarding the information referred to in points (a) and (b) of paragraph 1 may be introduced by the Commission for certain forms of advertising.

III. Terminology

1. The term "traditional" may be used together with the name "butter" provided for in point 1 of part A of the Appendix, where the product is obtained directly from milk or cream.

For the purposes of this point, 'cream' means the product obtained from milk in the form of an emulsion of the oil-in-water type with a milk-fat content of at least 10%.

2. Terms for products referred to in the Appendix which state, imply or suggest fat content other than those referred to in that Appendix shall be prohibited.

3. By way of derogation from paragraph 2 and in addition:

(a) the term "reduced-fat' "ay be used for products referred to in the Appendix with a fat content of more than 41% but not more than 62%;

(b) the terms "low-fat" or "light" may be used for products referred to in the Appendix with a fat content of 41% or less.

The term "reduced-fat" and the terms "low-fat" or "light" may, however, replace respectively the terms "three-quarter-fat" or "half-fat" used in the Appendix.

IV. National rules

1. Subject to the provisions of this Annex, Member States may adopt or maintain national regulations laying down different quality levels. Such regulations shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic, characteristics of the products and their physical and microbiological stability.

Member States making use of this option shall ensure that other Member States' products which comply with the criteria laid down by those regulations may, under non-discriminatory conditions, use terms which, by virtue of those regulations, state that those criteria are complied with.

2. The sales descriptions referred to in point II(1)(a) may be supplemented by a reference to the quality level peculiar to the product concerned.

3. Member States shall take the measures necessary to ensure that checks are conducted on the application of all the criteria referred to in the second subparagraph of paragraph 1 for determining the quality levels. Regular and frequent checks shall extend up to the end product and must be made by one or more bodies governed by public law and designated by the Member State, or by an approved body supervised by the latter. Member States shall give the Commission a list of the bodies they have designated.

V. Imported products

Products imported into the Community must comply with the provisions set out in this Annex in the cases referred to in point I (1) of this Annex.

VI. Penalties

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 187 of this Regulation, Member States shall specify the effective penalties to be imposed in the case of breach of the provisions of Article 111 and this Annex and, where appropriate, the national measures relevant for its enforcement and inform the Commission thereof.

Appendix to Annex XII

Fat group | Sales descriptions | Product categories |

Definitions | Additional description of the category with an indication of the % fat content by weight |

A. Milk fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived exclusively from milk and/or certain milk products, for which the fat is the essential constituent of value. However, other substances necessary for their manufacture may be added, provided those substances are not used for the purpose of replacing, either in whole or in part, any milk constituents. | 1. Butter | The product with a milk-fat content of not less than 80% but less than 90%, a maximum water content of 16% and a maximum dry non-fat milk-material content of 2%. |

2. Three-quarter fat butter (*) | The product with a milk-fat content of not less than 60% but not more than 62%. |

3. Half fat butter (**) | The product with a milk-fat content of not less than 39% but not more than 41%. |

4. Dairy spread X% | The product with the following milk-fat contents: – less than 39%, – more than 41% but less than 60%, – more than 62% but less than 80%. |

(*) corresponding to 'smør 60' in Danish. (**) corresponding to 'smør 40' in Danish. |

Fat group | Sales description | Product categories |

Definitions | Additional description of the category with an indication of the % fat content by weight |

B. Fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animal fats suitable for human consumption, with a milk-fat content of not more than 3% or the fat content. | 1. Margarine | The product obtained from vegetable and/or animal fats with a fat content of not less than 80% but less than 90%. |

2. Three-quarter-fat margarine (*) | The product obtained from vegetable and/or animal fats with a fat content of not less than 60% but nor more than 62%. |

3. Half-fat margarine (**) | The product obtained from vegetable and/or animal fats with a fat content of not less than 39% but not more than 41%. |

4. Fat spreads X% | The product obtained from vegetable and/or animal fats with the following fat contents: – less than 39%, – more than 41% but less than 60%, – more than 62% but less than 80%. |

(*) corresponding to 'margarine 60' in Danish (**) corresponding to 'margarine 40' in Danish. |

Fat group | Sales description | Product categories |

Definitions | Additional description of the category with an indication of the % fat content by weight |

C. Fats composed of plant and/or animal products | 1. Blend | The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 80% but less than 90%. |

2. Three-quarter-fat blend (*) | The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 60% but not more than 62%. |

3. Half-fat blend (**) | The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 39% but not more than 41%. |

4. Blended spread X% | The product obtained from a mixture of vegetable and/or animal fats with the following fat contents: – less than 39%, – more than 41% but less than 60%, – more than 62% but less than 80%. |

(*) corresponding to 'blandingsprodukt 60' in Danish. (**) corresponding to 'blandingsprodukt 40' in Danish. |

Note: The milk-fat component of the products listed in this Appendix may be modified only by physical processes.

ANNEX XIII DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS referred to in Article 113

1. VIRGIN OLIVE OILS

Oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows:

(a) Extra virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 0,8 g per 100 g, the other characteristics of which comply with those laid down for this category.

(b) Virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 2 g per 100 g, the other characteristics of which comply with those laid down for this category.

(c) Lampante olive oil

Virgin olive oil having a free acidity, in terms of oleic acid, of more than 2 g per 100 g, and/or the other characteristics of which comply with those laid down for this category.

2. REFINED OLIVE OIL

Olive oil obtained by refining virgin olive oil, having a free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

3. OLIVE OIL – COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS

Olive oil obtained by blending refined olive oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

4. CRUDE OLIVE-POMACE OIL

Oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid down for this category.

5. REFINED OLIVE-POMACE OIL

Oil obtained by refining crude olive-pomace oil, having free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

6. OLIVE-POMACE OIL

Oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

ANNEX XIVIMPORT DUTIES FOR RICE PRODUCTSreferred to in Articles 131 and 133

1. Import duties for husked rice

(a) EUR 30 per tonne in the following cases:

(aa) where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of paragraph 3, less 15%,

(bb) where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of paragraph 3, less 15%,

(b) EUR 42.5 per tonne in the following cases:

(aa) where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of paragraph 3, less 15%, but do not exceed that same annual reference quantity plus 15%,

(bb) where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of paragraph 3, less 15%, but do not exceed that same partial reference quantity plus 15%,

(c) EUR 65 per tonne in the following cases:

(aa) where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of paragraph 3, plus 15%,

(bb)– where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of paragraph 3, plus 15%.

2. Import duties for milled rice

(a) EUR 175 per tonne in the following cases:

(aa) where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended exceed 387 743 tonnes;

(bb) where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year exceed 182 239 tonnes;

(b) EUR 145 per tonne in the following cases:

(aa) where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended do not exceed 387 743 tonnes;

(bb) where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year do not exceed 182 239 tonnes.

ANNEX XV VARIETIES OF BASMATI RICE referred to in Article 132

Basmati 217

Basmati 370

Basmati 386

Kernel (Basmati)

Pusa Basmati

Ranbir Basmati

Super Basmati

Taraori Basmati (HBC-19)

Type-3 (Dehradun)

ANNEX XVI STATES REFERRED TO IN ARTICLES 147(3) AND 148(1)(b) AND IN POINT 12 OF PART II OF ANNEX III

Barbados

Belize

Côte d'Ivoire

Republic of the Congo

Fiji

Guyana

India

Jamaica

Kenya

Madagascar

Malawi

Mauritius

Mozambique

Saint Kitts and Nevis — Anguilla

Suriname

Swaziland

Tanzania

Trinidad and Tobago

Uganda

Zambia

Zimbabwe

ANNEX XVII LIST OF GOODS referred to in Article 23(a)(ii) and in Section II of Chapter III of Part III

Part I: Cereals

CN code | Description |

ex 0403 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |

0403 10 | - Yoghurt: |

0403 10 51 to 0403 10 99 | - - Flavoured or containing added fruit, nuts or cocoa |

0403 90 | - Other: |

0403 90 71 to 0403 90 99 | - - Flavoured or containing added fruit, nuts or cocoa |

ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |

0710 40 00 | - Sweetcorn |

ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |

0711 90 30 | - - - Sweetcorn |

ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10 |

1806 | Chocolate and other food preparations containing cocoa |

ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |

1901 10 00 | - Preparations for infant use, put up for retail sale |

1901 20 00 | - Mixes and doughs for the preparation of bakers' wares of heading 1905 |

1901 90 | - Other: |

1901 90 11 to 1901 90 19 | - - Malt extract |

- - Other: |

1901 90 99 | - - - Other |

ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |

- Uncooked pasta, not stuffed or otherwise prepared: |

1902 11 00 | - - Containing eggs |

1902 19 | - - Other |

ex 1902 20 | - Stuffed pasta, whether or not cooked or otherwise prepared: |

- - Other: |

1902 20 91 | - - - Cooked |

1902 20 99 | - - - Other |

1902 30 | - Other pasta |

1902 40 | - Couscous |

1903 00 00 | Tapioca and substitutes therefor prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |

1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize(corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included: |

1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |

ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |

- Other: |

2001 90 30 | - - Sweetcorn (Zea mays var. saccharata) |

2001 90 40 | - - Yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch |

ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |

- Potatoes: |

- - Other: |

2004 10 91 | - - - In the form of flour, meal or flakes |

- Other vegetables and mixtures of vegetables: |

2004 90 10 | - - Sweetcorn (Zea mays var. saccharata) |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |

- Potatoes: |

2005 20 10 | - - In the form of flour, meal or flakes |

2005 80 00 | - Sweetcorn (Zea mays var. saccharata) |

ex 2008 | Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |

- Other, including mixtures other than those of subheading 2008 19: |

- - Other: |

- - - Not containing added spirit: |

- - - - Not containing added sugar: |

2008 99 85 | - - - - - Maize (corn), other than sweetcorn (Zea mays var. saccharata) |

2008 99 91 | - - - - - Yams, sweet potatoes and similar edible parts of plants, containing 5% or more by weight of starch |

ex 2101 | Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |

- - Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |

2101 12 98 | - - - Other |

2101 20 | - Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |

2101 20 98 | - - - Other |

2101 30 | Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |

- - Roasted chicory and other roasted coffee substitutes: |

2101 30 19 | - - - Other |

- - Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes: |

2101 30 99 | - - - Other |

ex 2102 | Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders: |

- Active yeasts |

2102 10 31 and 2102 10 39 | - - Bakers' yeast |

2105 00 | Ice cream and other edible ice, whether or not containing cocoa |

ex 2106 | Food preparations not elsewhere specified or included: |

- Other: |

- - Other: |

2106 90 92 | - - - Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5% milkfat, 5% sucrose or isoglucose, 5% glucose or starch |

2106 90 98 | - - - Other |

2202 | Waters, including mineral waters and aerated water, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 |

2205 | Vermouth and other wine or fresh grapes flavoured with plants or aromatic substances |

ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages: |

- Whiskies: |

2208 30 32 to 2208 30 88 | - - Other than Bourbon whiskey |

2208 50 | - Gin and Geneva |

2208 60 | - Vodka |

2208 70 | - Liqueurs and cordials |

- Other: |

- - Other spirits and other spirituous beverages, in containers holding: |

- - - 2 litres or less: |

2208 90 41 | - - - - Ouzo |

- - - - Other: |

- - - - - Spirits (excluding liqueurs): |

- - - - - - Other: |

2208 90 52 | - - - - - - - Korn |

2208 90 54 | - - - - - - - Tequila |

2208 90 56 | - - - - - - - Other |

2208 90 69 | - - - - - Other spirituous beverages |

- - - More than 2 litres: |

- - - - Spirits (excluding liqueurs): |

2208 90 75 | - - - - - Tequila |

2208 90 77 | - - - - - Other |

2208 90 78 | - - - - Other spirituous beverages |

2905 43 00 | - - Mannitol |

2905 44 | - - D-glucitol (sorbitol) |

ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |

- Of a kind used in the food or drink industries: |

- - Of a kind used in the drink industries: |

- - - Preparations containing all flavouring agents characterising a beverage: |

- - - - Other: |

3302 10 29 | - - - - - Other |

3505 | Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches |

ex 3809 | Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |

3809 10 | - With a basis of amylaceous substances |

3824 60 | - Sorbitol other than that of subheading 2905 44 |

Part II: Rice

CN code | Description |

ex 0403 | Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |

0403 10 | - Yoghurt: |

0403 10 51 to 0403 10 99 | - - Flavoured or containing added fruit, nuts or cocoa |

0403 90 | - Other: |

0403 90 71 to 0403 90 99 | - - Flavoured or containing added fruit, nuts or cocoa |

ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa: |

1704 90 51 to 1704 90 99 | - - Other |

ex 1806 | Chocolate and other food preparations containing cocoa, except goods of subheadings 1806 10, 1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90 |

ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |

1901 10 00 | - Preparations for infant use, put up for retail sale |

1901 20 00 | - Mixes and doughs for the preparation of bakers' wares of heading 1905 |

1901 90 | - Other: |

1901 90 11 to 1901 90 19 | - - Malt extract |

- - Other: |

1901 90 99 | - - - Other |

ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |

1902 20 91 | - - - Cooked |

1902 20 99 | - - - Other |

1902 30 | - Other pasta |

1902 40 90 | - - Other |

1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |

ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |

1905 90 20 | - - Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |

ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |

- Potatoes: |

- - Other: |

2004 10 91 | - - - In the form of flour, meal or flakes |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |

- Potatoes: |

2005 20 10 | - - In the form of flour, meal or flakes |

ex 2101 | Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |

2101 12 | - - Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |

2101 12 98 | - - - Other |

2101 20 | - Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |

2101 20 98 | - - - Other |

2105 00 | Ice cream and other edible ice, whether or not containing cocoa |

ex2106 | Food preparations not elsewhere specified or included: |

- Other: |

- - Other: |

2106 90 92 | - - - Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5% milkfat, 5% sucrose or isoglucose, 5% glucose or starch |

2106 90 98 | - - - Other |

ex 3505 | Dextrins and other modified starches (for example, pregelatinised esterified starches); glues based on starches, or on dextrins or other modified starches, except starches of subheading 3505 10 50 |

ex 3809 | Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |

3809 10 | - With a basis of amylaceous substances |

Part III: Sugar

CN Code | Description |

ex 0403 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |

0403 10 | – Yogurt: |

0403 10 51 to 0403 10 99 | – – Flavoured or containing added fruit, nuts or cocoa |

0403 90 | – Other: |

0403 90 71 to 0403 90 99 | – – Flavoured or containing added fruit, nuts or cocoa |

ex 0710 | Vegetables (uncooked or cooked by steaming or by boiling in water), frozen: |

0710 40 00 | – Sweetcorn |

ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |

0711 90 | – Other vegetables; mixtures of vegetables: |

– – Vegetables: |

0711 90 30 | – – – Sweetcorn |

1702 50 00 | – Chemically pure fructose |

ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10 |

1806 | Chocolate and other food preparations containing cocoa |

ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |

1901 10 00 | – Preparations for infant use, put up for retail sale |

1901 20 00 | – Mixes and doughs for the preparation of bakers’ wares of heading 1905 |

1901 90 | – Other: |

– – Other: |

1901 90 99 | – – – Other |

ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |

1902 20 | – Stuffed pasta, whether or not cooked or otherwise prepared: |

– – Other: |

1902 20 91 | – – – Cooked |

1902 20 99 | – – – Other |

1902 30 | – Other pasta |

1902 40 | – Couscous: |

1902 40 90 | - - Other |

1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour groats and meal), pre-cooked, or otherwise prepared, not elsewhere specified or included |

ex 1905 | Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |

1905 10 00 | - Crispbread |

1905 20 | - Gingerbread and the like |

1905 31 | - - Sweet biscuits |

1905 32 | - - Waffles and wafers |

1905 40 | - Rusks, toasted bread and similar toasted products |

1905 90 | - Other: |

- - Other: |

1905 90 45 | - - - Biscuits |

1905 90 55 | - - - Extruded or expanded products, savoury or salted |

- - - Other: |

1905 90 60 | - - - - With added sweetening matter |

1905 90 90 | - - - - Other |

ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |

2001 90 | - Other: |

2001 90 30 | - - Sweetcorn (Zea mays var. saccharata) |

2001 90 40 | - - Yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch |

ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |

2004 10 | - Potatoes |

- - Other |

2004 10 91 | - - - In the form of flour, meal or flakes |

2004 90 | - Other vegetables and mixtures of vegetables: |

2004 90 10 | - - Sweetcorn (Zea mays var. saccharata) |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006): |

2005 20 | - Potatoes: |

2005 20 10 | - - In the form of flour, meal or flakes |

2005 80 00 | - Sweetcorn (Zea mays var. saccharata) |

ex 2101 | Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |

- Extracts, essences and concentrates, of coffee and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |

- - Preparation with a basis of these extracts, essences or concentrates or with a basis of coffee: |

2101 12 98 | - - - Other: |

- Extracts, essences and concentrates , of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or mate: |

- - Preparations |

2101 20 98 | - - - Other |

- Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |

- - Roasted chicory and other roasted coffee substitutes: |

2101 30 19 | - - - Other |

- - Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute: |

2101 30 99 | - - - Other |

2105 00 | Ice cream and other edible ice, whether or not containing cocoa |

ex 2106 | Food preparations not elsewhere specified or included: |

2106 90 | - Other: |

2106 90 92 | - - - - - Containing no milk-fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5% milk-fat, 5% sucrose or isoglucose, 5% glucose or starch |

2106 90 98 | - - - - - Other |

2202 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 |

2205 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances |

ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages: |

2208 20 | - Spirits obtained by distilling grape wine or grape marc |

2208 50 91 to 2208 50 99 | Geneva |

2208 70 | - Liqueurs and cordials |

2208 90 41 to 2208 90 78 | - - Other spirits and spirituous beverages |

2905 43 00 | - - Mannitol |

2905 44 | - D-glucitol (sorbitol) |

ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |

3302 10 | - Of a kind used in the food or drink industries |

- - Of a kind used in the drink industries: |

- - - Preparations containing all flavouring agents characterising a beverage: |

- - - - - Other (of an actual alcoholic strength by volume not exceeding 0.5%) |

3302 10 29 | - - - - - Other |

ex Chapter 38 | Miscellaneous chemical products: |

3824 60 | - Sorbitol other than that of subheading 2905 44 |

Part IV: Milk

CN code | Description of goods |

ex 0405 | Butter and other fats and oils derived from milk; dairy spreads: |

0405 20 | – Dairy spreads: |

0405 20 10 | – – Of a fat content, by weight, of 39% or more but less than 60% |

0405 20 30 | – – Of a fat content, by weight, of 60% or more but not exceeding 75% |

ex 1517 | Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: |

1517 10 | – Margarine, excluding liquid margarine: |

1517 10 10 | – – Containing, by weight, more than 10% but not more than 15% of milkfats |

1517 90 | – Other: |

1517 90 10 | – – Containing, by weight, more than 10% but not more than 15% of milkfats |

ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa: |

ex 1704 90 | – Other, excluding liquorice extract containing more than 10% by weight of sucrose but not containing other added substances |

ex 1806 | Chocolate and other food preparations containing cocoa, excluding cocoa powder sweetened solely by the addition of sucrose of subheading 1806 10 |

ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |

1901 10 00 | – Preparations for infant use, put up for retail sale |

1901 20 00 | – Mixes and doughs for the preparation of bakers' wares of heading 1905 |

1901 90 | – Other: |

– – Other: |

1901 90 99 | – – – Other |

ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |

– Uncooked pasta, not stuffed or otherwise prepared: |

1902 19 | – – Other |

1902 20 | – Stuffed pasta, whether or not cooked or otherwise prepared: |

– – Other: |

1902 20 91 | – – – Cooked |

1902 20 99 | – – – Other |

1902 30 | – Other pasta |

1902 40 | – Couscous: |

1902 40 90 | – – Other |

1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |

ex1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |

1905 10 00 | Crispbread |

1905 20 | – Gingerbread and the like |

– Sweet biscuits; waffles and wafers: |

1905 31 | – – Sweet biscuits |

1905 32 | – – Waffles and wafers |

1905 40 | – Rusks, toasted bread and similar toasted products |

1905 90 | – Other: |

– – Other: |

(…) | (…) |

1905 90 45 | – – – Biscuits |

1905 90 55 | – – – Extruded or expanded products, savoury or salted |

– –– Other |

1905 90 60 | – – – – with added sweetening matter |

1905 90 90 | – – – – Other |

ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |

2004 10 | – Potatoes: |

– – Other: |

2004 10 91 | – – – In the form of flour, meal or flakes |

ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |

2005 20 | – Potatoes: |

2005 20 10 | – –In the form of flour, meal or flakes |

2105 00 | Ice cream and other edible ice, whether or not containing cocoa |

ex 2106 | Food preparations not elsewhere specified or included: |

2106 90 | – Other: |

– – Other: |

2106 90 92 | – – – Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5% milkfat, 5% sucrose or isoglucose, 5% glucose or starch |

2106 90 98 | – – – Other |

ex 2202 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit and vegetable juices of heading 2009: |

2202 90 | – Other: |

– – Other, containing by weight of fat obtained from the products of headings 0401 to 0404: |

2202 90 91 | – – – Less than 0,2% |

2202 90 95 | – – – 0,2% or more but less than 2% |

2202 90 99 | – – – 2% or more |

ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages: |

2208 70 | – Liqueurs and cordials |

2208 90 | – Other: |

– – Other spirits and spirituous beverages, in containers holding: |

– – – 2 litres or less: |

– – – – Other: |

2208 90 69 | – – – – – Other spirituous beverages |

– – – More than 2 litres: |

2208 90 78 | – – – – Other spirituous beverages |

ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |

3302 10 | – Of a kind used in the food or drink industries: |

– – Of a kind used in the drink industries: |

3302 10 29 | – – – – – Other |

3501 | Casein, caseinates and other casein derivatives; casein glues |

ex 3502 | Albumins, (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: |

3502 20 | – Milk albumin, including concentrates of two or more whey proteins: |

– – Other: |

3502 20 91 | – – – Dried (for example in sheets, scales, flakes, powder) |

3502 20 99 | – – – Other |

Part V: Eggs

CN code | Description |

ex 0403 10 51 to ex 0403 10 99 ex 0403 90 71 to ex 0403 90 99 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |

1806 | Chocolate and other food preparations containing cocoa |

ex 1901 | Food preparations of goods of headings 0401 to 0404, containing less than 5% by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included |

– Uncooked pasta, not stuffed or otherwise preprared: |

1902 11 00 | – – containing eggs |

ex 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals(other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour, groats and meal), precooked or otherwise prepared, not elsewhere specified or included, containing cocoa |

ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |

1905 20 | -– Gingerbread and the like |

1905 31 | -– Sweet biscuits |

1905 32 | -– Waffles and wafers |

1905 40 | -– Rusks, toasted bread and similar toasted products |

1905 90 | -– Other, with the exception of products falling within subheading codes 1905 90 10 to 1905 90 30 |

ex 2105 00 | Ice cream and other edible ice, containing cocoa |

2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages: |

2208 70 | -– Liqueurs |

3502 | Albumins (including concentrates of two or more whey proteins, containing by weight more than 80% whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: |

3502 11 90 | -– -– -– Other dried egg albumin |

3502 19 90 | -– -– -– Other egg albumin |

ANNEX XVIII CORRELATION TABLES referred to in Article 196

1. Regulation (EEC) No 234/68

Regulation (EEC) No 234/68 | This Regulation |

Article 1 | Article 1(1)(m) |

Article 2 | Article 51 |

Article 3 – 5 | Article 109 |

Article 6 | – |

Article 7 | Article 166 |

Article 8 | Section I of Chapter II of Part III |

Article 9 | Article 129 |

Article 10(1) | Article 123 |

Article 10(2) | Article 122 |

Article 10a | Article 153 |

Article 11 | Article 172 |

Article 12 | – |

Article 13 | Article 188 |

Article 14 | Article 188 |

Article 15 | – |

Article 16 | – |

Article 17 | – |

Article 18 | – |

2. Regulation (EEC) No 827/68

Regulation (EEC) No 827/68 | This Regulation |

Article 1 | Article 1(1)(u) |

Article 2(1) | Article 129 |

Article 2(2) | Article 123 |

Article 2(3) | Article 122 |

Article 3 | Article 153 |

Article 4 | – |

Article 5 first paragraph | Article 172 |

Article 5 second paragraph | Article 175(1) |

Article 6 | Article 188 |

Article 7 | – |

Article 8 | – |

Article 9 | – |

3. Regulation (EEC) No 2729/75

Regulation (EEC) No 2729/75 | This Regulation |

Article 1 | Article 143 |

Article 2(1) | Article 144 |

Article 2(2) | Article 145 |

Article 3 | Article 146 |

4. Regulation (EEC) No 2759/75

Regulation (EEC) No 2759/75 | This Regulation |

Article 1 | Article 1(1)(q) |

Article 2 | Article 51 |

Article 3 first paragraph, first indent | Article 28(1)(f) |

Article 3 first paragraph, second indent and second and third paragraphs | – |

Article 4(1) | Article 7(1)(f) |

Article 4(2) | Article 34 |

Article 4(5) | Article 39 |

Article 4(6) first indent | Article 34(1) |

Article 4(6) second indent | Article 34(2) |

Article 4(6) third indent | Article 40 |

Article 5 | – |

Article 6 | – |

Article 7(1) | – |

Article 7(2) | Article 40 |

Article 8(1) first subparagraph | Articles 124 and 155(1) |

Article 8(1) second subparagraph | Articles 125 and 155(2) |

Article 8(1) third subparagraph | Articles 126, 127 and 155(2) |

Article 8(2) | Articles 128 and 155(3) |

Article 9 | Article 129 |

Article 10(1)–(3) | Article 135 |

Article 10(4) | Article 137 |

Article 11(1)–(3) | Article 138 |

Article 11(4) | Article 142 |

Article 12 | Article 179(b) |

Article 13(1) | Article 156(1) |

Article 13(2) | Article 157 |

Article 13(3) and (4) | Article 158 |

Article 13(5) | Article 163 |

Article 13(6) – (10) | Article 160 |

Article 13(11) | Article 162 |

Article 13(12) | Article 163 |

Article 14 | Articles 154 and 167 |

Article 15(1) | Article 123 |

Article 15(2) | Article 122 |

Article 16 | Article 153 |

Article 19 | – |

Article 20(1) | Article 41 |

Article 20(2) – (4) | Article 43 |

Article 21 | Article 172 |

Article 22 | Article 185 |

Article 24 | Article 188 |

Article 25 | – |

Article 26 | – |

Article 27 | – |

5. Regulation (EEC) No 2771/75

Regulation (EEC) No 2771/75 | This Regulation |

Article 1(1) | Article 1(1)(s) |

Article 1(2) | Article 2(1) |

Article 2(1) | Article 51 |

Article 2(2) | Article 109 |

Article 3(1) first subparagraph | Articles 124 and 155 |

Article 3(1) second subparagraph | Articles 125 and 155(2) |

Article 3(1) third subparagraph | Articles 126, 127 and 155(2) |

Article 3(2) | Articles 128 and 155(3) |

Article 4 | Article 129 |

Article 5(1) – (3) | Article 135 |

Article 5(4) | Article 137 |

Article 6(1) – (3) | Article 138 |

Article 6(4) | Articles 139 and 142 |

Article 7 | Article 179(b) |

Article 8(1) | Article 156(1) |

Article 8(2) | Article 157 |

Article 8(3) and (4) | Article 158 |

Article 8(5) | Article 163 |

Article 8(6) – (11) | Article 160 |

Article 8(12) | Article 162 |

Article 8(13) | Article 163 |

Article 9 | Article 154 |

Article 10(1) | Article 123 |

Article 10(2) | Article 122 |

Article 11 | Article 153 |

Article 13 | – |

Article 14(1) | Article 41 |

Article 14(2) and (3) | Article 43 |

Article 15 | Article 185 |

Article 16 and 17 | Article 188 |

Article 18 | – |

Article 19 | Article 172 |

Article 20 | – |

Article 21 | – |

6. Regulation (EEC) No 2777/75

Regulation (EEC) No 2777/75 | This Regulation |

Article 1(1) | Article 1(1)(t) |

Article 1(2) | Article 2(1) |

Article 2(1) | Article 51 |

Article 2(2) | Article 109 |

Article 3(1) first subparagraph | Articles 124 and 155 |

Article 3(1) second subparagraph | Articles 125 and 155(2) |

Article 3(1) third subparagraph | Articles 126, 127 and 155(2) |

Article 3(2) | Articles 128 and 155(3) |

Article 4 | Article 129 |

Article 5(1) – (3) | Article 135 |

Article 5(4) | Article 137 |

Article 6(1) – (3) | Article 138 |

Article 6(4) | Articles 139 and 142 |

Article 7 | Article 179(b) |

Article 8(1) | Article 156(1) |

Article 8(2) | Article 157 |

Article 8(3) and (4) | Article 158 |

Article 8(5) | Article 163 |

Article 8(6) – (10) | Article 160 |

Article 8(11) | Article 162 |

Article 8(12) | Article 163 |

Article 9 | Articles 154 and 167 |

Article 10(1) | Article 123 |

Article 10(2) | Article 122 |

Article 11 | Article 153 |

Article 13 | – |

Article 14(1) | Article 41 |

Article 14(2) and (3) | Article 43 |

Article 15 | Article 185 |

Article 16 and 17 | Article 188 |

Article 18 | – |

Article 19 | Article 172 |

Article 20 | – |

Article 21 | – |

7. Regulation (EEC) No 707/76

Regulation (EEC) No 707/76 | This Regulation |

Article 1 | Article 117 |

Article 2 and 3 | Article 121 |

8. Regulation (EEC) No 1055/77

Regulation (EEC) No 1055/77 | This Regulation |

Article 1 | Article 36(1) – (4) |

Article 2 | Article 36(5) |

Article 3 | Article 36(6) and (7) |

Article 4 | Article 40 |

Article 5 | Article 36(1) second subparagraph |

9. Regulation (EEC) No 2931/79

Regulation (EEC) No 2931/79 | This Regulation |

Article 1 | Article 165 |

10. Regulation (EEC) No 1898/87

Regulation (EEC) No 1898/87 | This Regulation |

Article 1 | Article 110(1) in conjunction with point I of Annex X |

Article 2 | Article 110(1) in conjunction with point II of Annex X |

Article 3 | Article 110(1) in conjunction with point III of Annex X |

Article 4(1) and (3) | Article 110(1) in conjunction with point IV of Annex X |

Article 4(2) | Article 116 |

11. Regulation (EEC) No 3730/87

Regulation (EEC) No 3730/87 | This Regulation |

Article 1 | Article 24(1) |

Article 2 | Article 24(2) |

Article 3 | Article 24(3) |

Article 4 | Article 24(4) |

Article 5 | – |

Article 6 | Article 40 |

12. Regulation (EEC) No 2204/90

Regulation (EEC) No 2204/90 | This Regulation |

Article 1(1) | Article 114 |

Article 1(2) | Article 116(g) |

Article 2 | Article 114 in conjunction with point 2 of Part V of Annex III |

Article 3(1) | Articles 116(g) and 187 |

Article 3(2) | Articles 185 and 187 |

Article 4 | – |

Article 5 | Article 116 |

13. Regulation (EEC) No 2075/92

Regulation (EEC) No 2075/92 | This Regulation |

Article 1 | Article 1(1)(n) |

Article 13 | Article 101(1) and (2) |

Article 14a | Article 101(3) |

Article 15 | Article 129 |

Article 16(1) | Article 123 |

Article 16(2) | Article 122 |

Article 16a | Article 153 |

Article 17 | Article 187 |

Article 18 | Article 172 |

Article 20 | – |

Article 21 | Article 185 |

Article 22 and 23 | Article 188 |

Article 24 | – |

14. Regulation (EEC) No 2077/92

Regulation (EEC) No 2077/92 | This Regulation |

Article 1 and 2 | Article 118 |

Article 3 – 6 | Article 121 |

Article 7 | Article 170 |

Article 8 | Article 171 |

Article 9 | Article 121 |

Article 10 | Article 120 |

Article 11 and 12 | Article 121 |

15. Regulation (EEC) No 404/93

Regulation (EEC) No 404/93 | This Regulation |

Article 1(1) and (2) | Article 1(1)(k) |

Article 1(3) | Article 3(1)(a) |

Article 2 | Article 109(1) and (2) |

Article 3 | Article 109(3) |

Article 4 | Articles 116 and 187 |

Article 15(1) | Article 129 |

Article 15(2) – (4) | Article 135 |

Article 15(5) | Article 137 |

Article 21 | Article 122 |

Article 22 | Article 123 |

Article 23 | Article 153 |

Article 24 | Article 172 |

Article 27 | Article 188 |

Article 28 | – |

Article 29 | Article 185 |

16. Regulation (EC) 2991/94

Regulation (EC) No 2991/94 | This Regulation |

Article 1 | Article 111 |

Article 2 | Article 111 in conjunction with point I of Annex XII |

Article 3 | Article 111 in conjunction with point II of Annex XII |

Article 4 | Article 111 in conjunction with point III(1) of Annex XII |

Article 5 | Article 111 in conjunction with point III(2) and (3) of Annex XII |

Article 6 | Article 111 in conjunction with point IV of Annex XII |

Article 7 | Article 111 in conjunction with point V of Annex XII |

Article 8 | Article 116 |

Article 9 | – |

Article 10 | Article 111 in conjunction with point VI of Annex XII |

17. Regulation (EC) No 2200/96

Regulation (EC) No 2200/96 | This Regulation |

Article 1(1) and (2) | Article 1(1)(i) |

Article 1(3) | Article 3(2) |

Article 43 | Article 172 |

Article 44 | Article 185 |

Article 46 | Article 188 |

Article 47 | – |

Article 48 | – |

Article 52 | Article 183 |

18. Regulation (EC) No 2201/96

Regulation (EC) No 2201/96 | This Regulation |

Article 1(1) and (2) | Article 1(1)(j) |

Article 1(3) | Article 3(2) |

Article 23 | Article 172 |

Article 26 | – |

Article 27 | Article 185 |

Article 29 | Article 188 |

Article 30 | – |

19. Regulation (EC) No 2597/97

Regulation (EC) No 2597/97 | This Regulation |

Article 1(1) | Article 110(2) |

Article 1(2) | Article 110(2) in conjunction with point I of Annex XI |

Article 2 | Article 110(2) in conjunction with point II of Annex XI |

Article 3 | Article 110(2) in conjunction with point III(1) and (2) of Annex XI |

Article 4 | Article 110(2) in conjunction with point III(3) of Annex XI |

Article 5 | Article 110(2) in conjunction with point IV of Annex XI |

Article 6 | Article 110(2) in conjunction with point V of Annex XI |

Article 7(1) | Article 110(2) in conjunction with point VI of Annex XI |

Article 7(2) | Article 116 |

20. Regulation (EC) No 1254/1999

Regulation (EC) No 1254/1999 | This Regulation |

Article 1(1) | Article 1(1)(o) |

Article 1(2) | Article 2(1) |

Article 2 | Article 51 |

Article 26(1) | Article 31 |

Article 26(2) | Article 7(1)(d) |

Article 26(3) | Article 28(1)(c) |

Article 26(4) | Article 7(2) |

Article 26(5) | Article 40 |

Article 27(1) | Articles 6, 9(d), 13 and 40(a) |

Article 27(2) | Article 19(2) |

Article 27(3) | Articles 19(1), 37 and 40(d) |

Article 27(4) | Article 40 |

Article 27(5) | Article 189, second paragraph, point (a) |

Article 28 | Articles 22 and 40(d) |

Article 29(1) first subparagraph | Article 124 |

Article 29(1) second subparagraph | Articles 124 and 155 |

Article 29(1) third subparagraph | Articles 125 and 155(2) |

Article 29(1) fourth subparagraph | Articles 126, 127 and 155(2) |

Article 29(2) | Articles 128 and 155(3) |

Article 30 | Article 129 |

Article 31 | Article 135 |

Article 32(1) first subparagraph and (2) and (3) | Article 138 |

Article 32(1) second subparagraph | Article 140(1) |

Article 32(4) | Article 142 |

Article 33(1) | Article 156(1) |

Article 33(2) | Article 157 |

Article 33(3) and (4) | Article 158 |

Article 33(5) | Article 163 |

Article 33(6) – (9) first subparagraph | Article 160 |

Article 33(9) second subparagraph | Article 161 |

Article 33(10) | Article 160(7) |

Article 33(11) | Article 162 |

Article 33(12) | Article 163 |

Article 34 | Articles 154 and 167 |

Article 35(1) | Article 123 |

Article 35(2) | Article 122 |

Article 36 | Article 153 |

Article 37 | Article 39 |

Article 38 | Article 179(a) |

Article 39(1) | Article 41 |

Article 39(2) – (4) | Article 43 |

Article 40 | Article 172 |

Article 41 | Article 185 |

Article 42 and 43 | Article 188 |

Article 44 | – |

Article 45 | Article 183 |

Article 46 – 49 | – |

Article 50, first indent | – |

Article 50, second indent | Article 184 |

21. Regulation (EC) No 1255/1999

Regulation (EC) No 1255/1999 | This Regulation |

Article 1 | Article 1(1)(p) |

Article 2 | Article 3(1)(c)(v) |

Article 3(1) | Article 7(1)(e) |

Article 3(2) | Article 7(2) |

Article 5 | – |

Article 6(1) first subparagraph | Article 14(1) |

Article 6(1) second and third subparagraphs | Article 14(2) second subparagraph |

Article 6(1) fourth subparagraph | Article 14(2) first subparagraph |

Article 6(2) first subparagraph, point (a), first indent | Article 9(e) |

Article 6(2) first subparagraph, point (a), second and third indents and point (b) | Article 9 in conjunction with Article 40(a) |

Article 6(2) second and third subparagraphs | Article 9 in conjunction with Article 40(a) |

Article 6(3) first subparagraph | Article 25(a) |

Article 6(3) second and third subparagraphs | Article 26 |

Article 6(3) fourth subparagraph | Article 40(c)(i) |

Article 6(3) fifth subparagraph | Article 40(c)(iii) |

Article 6(4) first subparagraph and second subparagraph first sentence | Article 22 and 40(d) |

Article 6(4) second subparagraph second sentence | Article 40(c)(iii) |

Article 6(5) | – |

Article 6(6) | Article 5(2)(b) and (d) |

Article 7(1) first subparagraph | Articles 9(f), 15 first paragraph and 40(a) |

Article 7(1) second subparagraph | Article 21 second paragraph |

Article 7(1) third subparagraph | Article 21 first paragraph and 40(a) |

Article 7(1) fourth subparagraph | Articles 38 and 40(i) |

Article 7(2) | Article 15 second paragraph |

Article 7(3) first subparagraph | Articles 28(1)(d), 32 and 40(a) |

Article 7(3) second subparagraph | Article 28(2) |

Article 7(3) third subparagraph | Article 40(c)(i) and (iii) |

Article 7(4) | Article 22 and 40(d) |

Article 7(5) | Article 5(2)(c) |

Article 8(1) | Article 25(b) |

Article 8(2) and (3) | Article 27 and 40(c)(i) and (iii) |

Article 9(1) | Articles 28(1)(e) and 33(1) |

Article 9(2) | Article 28(2) |

Article 9(3) | Article 40(c)(iii) |

Article 9(4) | Article 33(2) |

Article 10(a) | Articles 14(3) and 40 |

Article 10(b) | Articles 26 second paragraph,27 first paragraph and 28(2) |

Article 10(c) | Article 40 |

Article 11 | Article 96 |

Article 12 | Article 97 |

Article 13 | Article 98 |

Article 14 | Article 99 |

Article 15 | Articles 96 – 99 |

Article 26(1) | Articles 124 and 155 |

Article 26(2) first subparagraph | Articles 125 and 155(2) |

Article 26(2) second subparagraph | Articles 126, 127 and 155(2) |

Article 26(3) | Articles 128 and 155(3) |

Article 27 | Article 129 |

Article 28 | Article 135 |

Article 29(1) – (3) | Article 138 |

Article 29(4) | Articles 139 and 142 |

Article 30 | Article 164 |

Article 31(1) | Article 156(1) and (2) |

Article 31(2) | Article 157 |

Article 31(3) and (4) | Article 158 |

Article 31(5) | Article 163 |

Article 31(6)–(12) | Article 160 |

Article 31(13) | Article 162 |

Article 31(14) | Article 163 |

Article 32 | Article 154 |

Article 33(1) | Article 123 |

Article 33(2) | Article 122 |

Article 34 | Article 180 |

Article 35 | Article 153 |

Article 36(1) | Article 41 |

Article 36(2) – (4) | Article 43 |

Article 37 | Article 172 |

Article 38 | Article 173 |

Article 39 | Article 176 |

Article 40 | Article 185 |

Articles 41 and 42 | Article 188 |

Article 43 | – |

Article 44 | – |

Article 45 | Article 183 |

Article 46 | – |

Article 47 first indent | – |

Article 47 second indent | Article 184 |

22. Regulation (EC) No 2250/1999

Regulation (EC) No 2250/1999 | This Regulation |

Article 1 | Article 2(1) in conjunction with point I(1) of Part V of Annex III |

23. Regulation (EC) No 1493/1999

Regulation (EC) No 1493/1999 | This Regulation |

Article 1(1) and (2) | Article 1(1)(l) |

Article 1(4) | Article 3(1)(d) |

Article 71(1) | Article 172 |

Article 71(2) | Article 174 |

Article 73 | Article 185 |

Articles 74 and 75 | Article 188 |

Article 76 | – |

Article 77 | – |

24. Regulation (EC) No 1673/2000

Regulation (EC) No 1673/2000 | This Regulation |

Article 1(1) | Article 1(1)(h) |

Article 1(2)(a) | Article 2(2)(a) |

Article 1(2)(b) | Article 88(2) |

Article 1(3) | – |

Article 2(1) | Article 88(1) |

Article 2(2) | Article 186 |

Article 2(3) and (4) | Article 89 |

Article 2(5) | Article 90 |

Article 3(1) and (3) | Article 91 |

Article 3(2), (4) and (5) | – |

Article 4 | – |

Article 5 | Article 151 |

Article 6 | Article 122 |

Article 7 | Article 153 |

Article 8 | Article 172 |

Article 9 first paragraph | Article 92 |

Article 9 second paragraph | Article 187 |

Article 10 | Article 188 |

Article 11 | Article 183 |

Article 12 | – |

Article 13 | – |

Article 14 first indent | – |

Article 14 second indent | Article 184 |

Article 15 | – |

25. Regulation (EC) No 2529/2001

Regulation (EC) No 2529/2001 | This Regulation |

Article 1 | Article 1(1)(r) |

Article 2 | Article 51 |

Article 12 | Articles 28(1)(g) and 35 |

Article 13(1) first subparagraph | Articles 124 and 155 |

Article 13(1) second subparagraph | Articles 126 and 155(2) |

Article 13(1) third subparagraph | Articles 125 and 155(2) |

Article 13(1) fourth subparagraph | Articles 127 and 155(2) |

Article 13(2) | Articles 128 and 155(3) |

Article 14 | Article 129 |

Article 15 | Article 135 |

Article 16(1)–(3) | Article 138 |

Article 16(4)(a) and (b) | Article 139 |

Article 16(4)(c)–(e) | Article 142 |

Article 17 | Articles 154 and 167 |

Article 18(1) | Article 122 |

Article 18(2) | Article 121 |

Article 19 | Article 153 |

Article 20 | Article 39 |

Article 21 | Article 179(a) |

Article 22(1) | Article 41 |

Article 22(2) – (4) | Article 43 |

Article 23 | Article 172 |

Article 24 | Article 185 |

Article 25 | Article 188 |

Article 26 | Article 184 |

Article 27 | Article 183 |

Article 28 | – |

Article 29 | – |

Article 30 | – |

26. Regulation (EC) No 670/2003

Regulation (EC) No 670/2003 | This Regulation |

Article 1 | Article 1(3)(a) |

Article 2 | Article 115 |

Article 3 | Article 182 |

Article 4(1) | Articles 124 and 155 |

Article 4(2) | Articles 125, 126 and 155(2) |

Article 4(3) | Articles 127 and 155(2) |

Article 4(4) | Articles 128 and 155(3) |

Article 5 | Article 129 |

Article 6(1) – (3) | Article 138 |

Article 6(4) | Articles 139 and 142 |

Article 7 | Article 154 |

Article 8(1) | Article 123 |

Article 8(2) | Article 122 |

Article 9 | Article 153 |

Article 10(1) | Article 172 |

Article 10(2) and (3) | Article 175(4) |

Article 11 | Article 185 |

Article 12 | Article 188 |

Article 13 | – |

Article 14 | – |

Article 15(a) | – |

Article 15(b) | Article 184 |

27. Regulation (EC) No 1784/2003

Regulation (EC) No 1784/2003 | This Regulation |

Article 1 | Article 1(1)(a) |

Article 2 | Article 3(1)(c)(i) |

Article 3 | – |

Article 4(1) | Article 7(1)(a) |

Article 4(2) | Article 40(a) |

Article 4(3) | Article 7(1)(a) |

Article 4(4) | Article 7(2) |

Article 5(1) | Articles 5(2)(a), 9(a) and 40(a) |

Article 5(2) | Article 10 |

Article 5(3) | Article 16 |

Article 6(a) | Articles 38 and 40(i) |

Article 6(b) | Article 40(a) |

Article 6(c) | Article 40(b) |

Article 6(d) | Article 40(c) |

Article 6(e) | Article 40(d) |

Article 7 | Article 44 |

Article 8(1) and (2) | Article 93 |

Article 8(3) | Article 95 |

Article 9(1) first subparagraph | Articles 124 and 155 |

Article 9(1) second subparagraph | Articles 125 and 155(2) |

Article 9(1) third subparagraph | Articles 126, 127 and 155(2) |

Article 9(2) | Articles 128 and 155(3) |

Article 10(1) | Article 129 |

Article 10(2) and (3) | Article 130 |

Article 10(4) | Article 137 |

Article 11 | Article 135 |

Article 12(1) – (3) | Article 138 |

Article 12(4) first subparagraph | Articles 139 and 142 |

Article 12(4) second subparagraph | Article 140(2) |

Article 13(1) | Article 156(1) and (2) |

Article 13(2) | Article 157 |

Article 13(3) | Article 158 |

Article 14 | Article 160 |

Article 15(1) and (3) | Article 159 |

Article 15(2) | Article 158(4) |

Article 15(4) | Articles 158(2) and 163 |

Article 16 | Articles 156(3) |

Article 17 | Article 162 |

Article 18 | Article 163 |

Article 19 | Articles 154 and 167 |

Article 20(1) | Article 123 |

Article 20(2) | Article 122 |

Article 21 | Article 180 |

Article 22 | Article 153 |

Article 23 | Article 172 |

Article 24 | Article 185 |

Article 25 | Article 188 |

Article 26 | – |

Article 27 | Article 184 |

Article 28 | Article 183 |

Article 29 | – |

Article 30 | – |

28. Regulation (EC) No 1785/2003

Regulation (EC) No 1785/2003 | This Regulation |

Article 1 | Article 1(1)(b) |

Article 2(1) | Article 2(1) |

Article 2(2) | Article 4 |

Article 3 | Article 3(1)(e) |

Article 4 | – |

Article 6(1) | Article 7(1)(b) |

Article 6(2) first sentence | Article 40(a) |

Article 6(2) second and third sentence | Articles 38 and 40(i) |

Article 6(3) | Article 40(a) and (i) |

Article 7(1) | Articles 9(b) and 11 |

Article 7(2) | Articles 17 and 40(b) |

Article 7(3) | Articles 22 and 40(d) |

Article 7(4) and (5) | Article 40 |

Article 8 | Article 45 |

Article 9 | Article 185 |

Article 10(1) first subparagraph | Articles 124 and 155 |

Article 10(1) second subparagraph | Articles 125 and 155(2) |

Article 10(1) third subparagraph | Articles 126, 127 and 155(2) |

Article 10(1a) | Article 124 |

Article 10(2) | Articles 128 and 155(3) |

Article 11(1) | Article 129 |

Article 11(4) | Article 137 |

Article 11a | Article 131 |

Article 11b | Article 132 |

Article 11c | Article 133 |

Article 11d | Article 134 |

Article 12 | Article 135 |

Article 13(1) – (3) | Article 138 |

Article 13(4) | Article 142 |

Article 14(1) | Article 156(1) and (2) |

Article 14(2) | Article 157 |

Article 14(3) and (4) | Article 158 |

Article 15 | Article 160 |

Article 16 | Article 158(4) |

Article 17(1) first subparagraph point (a) | Article 160(7) |

Article 17(1) first subparagraph points (b) and (c) | Article 160(6) |

Article 17(1) second subparagraph | Article 163 |

Article 17(2) | Article 160(7) |

Article 18 | Article 162 |

Article 19 | Article 163 |

Article 20 | Articles 154 and 167 |

Article 21(1) | Article 123 |

Article 21(2) | Article 122 |

Article 22 | Article 180 |

Article 23 | Article 153 |

Article 24 | Article 172 |

Article 25 | Article 185 |

Article 26 | Article 188 |

Article 27 | – |

Article 28 | Article 184 |

Article 29 | Article 183 |

Article 30 | – |

Article 31 | – |

Article 32 | – |

29. Regulation (EC) No 1786/2003

Regulation (EC) No 1786/2003 | This Regulation |

Article 1 | Article 1(1)(d) |

Article 2 | Article 3(1)(b)(i) |

Article 3 | – |

Article 4(1) | Article 83(1) |

Article 4(2) | Article 85(1) |

Article 5 | Article 86 |

Article 6 | Article 85(2) |

Article 7 | Article 84 |

Article 8 | Article 185 |

Article 9 first paragraph | Article 83(2) |

Article 9 second paragraph | Article 87(i) |

Article 10(a) and (b) | Article 87(b) |

Article 10(c) | Article 83(1)(a) and 87(e) |

Article 11 | Article 87(a) |

Article 12 | Article 87(g) |

Article 13 | Article 187 |

Article 14 | Article 129 |

Article 15(1) | Article 123 |

Article 15(2) | Article 122 |

Article 16 | Article 153 |

Article 17 | Article 172 |

Article 18 | Article 188 |

Article 19 | – |

Article 20(a) | Article 87 |

Article 20(b) | Article 187 |

Article 20(c) | Article 87(c) |

Article 20(d) | Article 87(f) |

Article 20(e) | Article 87(d) |

Article 20(f) | Article 187 |

Article 20(g) | Article 87(g) |

Article 20(h) | Article 87(h) |

Article 21 | – |

Article 22 | Article 185 |

Article 23 | Article 177(1) |

Article 24 | Article 183 |

Article 25 | – |

30. Regulation (EC) No 1788/2003

Regulation (EC) No 1788/2003 | This Regulation |

Article 1 | Articles 63 and 75(1) first subparagraph |

Article 2 | Article 75(1) second subparagraph |

Article 3 | Article 75(2) – (4) |

Article 4 | Article 76 |

Article 5 | Article 62 |

Article 6 | Article 64 |

Article 7 | Article 65 |

Article 8 | Article 66 |

Article 9 | Article 67 |

Article 10 | Article 77 |

Article 11 | Article 78 |

Article 12 | Article 80 |

Article 13 | Article 81 |

Article 14 | Article 68 |

Article 15 | Article 69 |

Article 16 | Article 70 |

Article 17 | Article 71 |

Article 18 | Article 72 |

Article 19 | Article 73 |

Article 20 | Article 74 |

Article 21 | Article 79 |

Article 22 | – |

Article 23 | Article 188 |

Article 24 | Article 82 |

Article 25 | – |

Article 26 | – |

31. Regulation (EC) No 797/2004

Regulation (EC) No 797/2004 | This Regulation |

Article 1(1) | Article 102(1) |

Article 1(2) | Article 1(3)(b) |

Article 1(3) first subparagraph, first sentence | Article 172 |

Article 1(3) first subparagraph, second sentence and second subparagraph | Article 102(2) |

Article 2 | Article 103 |

Article 3 | Article 104 |

Article 4(1) | Article 183 |

Article 4(2) and (3) | Article 105 |

Article 5 | Article 106 |

Article 6 | Article 188 |

Article 7 | Article 177(2) |

Article 8 | – |

32. Regulation (EC) No 865/2004

Regulation (EC) No 865/2004 | This Regulation |

Article 1 | Article 1(1)(g) |

Article 2 | Article 3(1)(c) |

Article 3 | – |

Article 4 | Article 113 |

Article 5(1) | Article 109 |

Article 5(2) | Article 187 |

Article 5 (3) | Article 116(f) |

Article 6 | Articles 28 and 30 |

Article 7(1) | Article 119 |

Article 7(2) | Article 118 |

Article 8 | Article 100 |

Article 9(a) | Article 121 |

Article 9(b) and (c) | Article 100(2) third subparagraph |

Article 9(d) | Article 187 |

Article 9(e) | Article 121 |

Article 10(1) first subparagraph | Article 124 |

Article 10(1) second subparagraph | Article 125 |

Article 10(2) | Articles 126 and 127 |

Article 10(3) | Article 155 |

Article 10(4) | Articles 128 and 155(3) |

Article 11(1) | Article 129 |

Article 11(2) | Article 179(b) |

Article 12(1) | Article 123 |

Article 12(2) | Article 122 |

Article 13 | Article 154 |

Article 14 | Article 153 |

Article 15 | Article 172 |

Article 16 | – |

Article 17 | Article 185 |

Article 18 | Article 188 |

Article 19 | Article 184 |

Article 20 | Article 183 |

Article 24 | – |

Article 25 | – |

33. Regulation (EC) No 1947/2005

Regulation (EC) No 1947/2005 | This Regulation |

Article 1 | Article 1(1)(e) |

Article 2 | Article 3(1)(c) |

Article 3 | – |

Article 4(1) | Article 124 |

Article 4(2) | Article 125 |

Article 4(3) | Articles 126 and 127 |

Article 5 | Article 129 |

Article 6(1) | Article 123 |

Article 6(2) | Article 122 |

Article 7 | Article 153 |

Article 8(1) | Article 172 |

Article 8(2) | Article 175(2) |

Article 9 | Article 185 |

Article 10 | Article 188 |

Article 11 | Articles 128 and 155(3) |

Article 12 | – |

34. Regulation (EC) No 1952/2005

Regulation (EC) No 1952/2005 | This Regulation |

Article 1 | Article 1(1)(f) |

Article 2 | Article 2(1) |

Article 3 | – |

Article 4 | Article 112(1) – (3) |

Article 5 | Article 112(4) and (5) |

Article 6 | Article 117 |

Article 7 | Article 121 |

Article 8 | Article 129 |

Article 9 | Article 152 |

Article 10(1) | Article 123 |

Article 10(2) | Article 122 |

Article 11 | Article 153 |

Article 12 | Article 172 |

Article 13 | – |

Article 14 | Article 178(1) – (3) |

Article 15 | Article 185 |

Article 16 | Article 188 |

Article 17 first indent | Article 116(e) |

Article 17 second indent | Article 121 |

Article 17 third indent | Article 121 |

Article 17 fourth indent | Article 178(4) |

Article 17 fifth indent | Article 185 |

Article 18 | – |

Article 19 | – |

35. Regulation (EC) No 318/2006

Regulation (EC) No 318/2006 | This Regulation |

Article 1(1) | Article 1(1)(c) |

Article 1(2) | Article 3(1)(f) |

Article 2 | Article 2(1) |

Article 3 | Article 7(1)(c) |

Article 4 | Article 8 |

Article 5 | Article 46 |

Article 6 | Article 47 |

Article 7 | Article 53 |

Article 8 | – |

Article 9 | Article 55 |

Article 10 | Article 56 |

Article 11 | Article 57 |

Article 12 | Article 58 |

Article 13 | Article 59 |

Article 14 | Article 60 |

Article 15 | Article 61 |

Article 16 | Article 48 |

Article 17 | Article 54 |

Article 18(1) | Articles 28(a) and 29(1), |

Article 18(2) first subparagraph and first indent | Articles 9(c) and 12(1) |

Article 18(2) first subparagraph second indent | Article 40(c)(i) |

Article 18(2) second subparagraph | Article 18 |

Article 18(3) | Article 23 |

Article 19 | Article 49 |

Article 20 | Articles 12(2), 29(2), 49(5) and 60(5) |

Article 21 | Article 123 |

Article 22 | Article 122 |

Article 23(1) | Articles 124 and 155 |

Article 23(2) | Articles 125 and 155(2) |

Article 23(3) | Articles 126, 127 and 155(2) |

Article 23(4) | Articles 128 and 155(3) |

Article 24 | Article 154 |

Article 25 | Article 153 |

Article 26(1) | Article 129 |

Article 26(2) | Article 179(a) and 180 |

Article 26(3) | Article 136 |

Article 27 | Article 135 |

Article 28 | Article 138 |

Article 29 | Article 147 |

Article 30 | Article 148 |

Article 31 | Article 149 |

Article 32 | Article 156(1) and (2) |

Article 33(1) | Article 157 |

Article 33(2) | Article 158 |

Article 33(3) and (4) | Article 160 |

Article 34 | Article 162 |

Article 35 | Articles 180 and 181 |

Article 36(1) | Article 172 |

Article 36(2) – (4) | Article 175(3) |

Article 37 | Articles 179(a) and 181 |

Article 38 | Article 185 |

Article 39 | Article 188 |

Article 40(1)(a) | Articles 40 (b) and 46(3) second subparagraph |

Article 40(1)(b) and (c) | Article 82 |

Article 40(1)(d) | Articles 50, 82 and 185 |

Article 40(1)(e) | Articles 137, 138(1), 139 and 142 |

Article 40(1)(f) | Article 185(2) |

Article 40(1)(g) | Articles 163 and 180 |

Article 40(2)(a) | Article 50(a) |

Article 40(2)(b) | Articles 7(1)(c) second subparagraph, 46(2) and 47(1) |

Article 40(2)(c) | Article 82(d) |

Article 40(2)(d) | Articles 40, 50(b) and (c) and 82(b) |

Article 40(2)(e) | Articles 124 and 155 |

Article 40(2)(f) | Articles 4 second paragraph and 150 |

Article 40(2)(g) | Article 179(a) and 181 |

Article 41 | – |

Article 42 | Article 184 |

Article 43 | Article 183 |

Article 44 | – |

Article 45 | – |

36. Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006 | This Regulation |

Article 1 | Article 168 |

Article 2 | Article 169 |

Article 3 | – |

37. Regulation (EC) No 1544/2006

Regulation (EC) No 1544/2006 | This Regulation |

Article 1 | Article 107 |

Article 2 | Articles 108, 185 and 187 |

Article 3 | Article 3(1)(b)(ii) |

Article 4 | Article 188 |

Article 5 | Article 183 |

Article 6 | – |

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[1] COM (2005) 509 final.

[2] COM (2005) 535 final.

[3] OJ C 321, 31.12.2003, p. 1.

[4] The support scheme for cotton is based on Protocol No 4 of the Treaty on the accession of Greece to the European Economic Community.

[5] E.g. Regulation (EEC) No 2763/75 concerning the rules for private storage in the pigmeat sector; Regulation (EEC) No 1055/77 concerning horizontal rules on the storage and movements of products in public intervention.

[6] Codifies and replaces Council Regulation No 26 of 4 April 1962.

[7] OJ C …, …, p. ….

[8] OJ L 55, 2.3.1968, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

[9] OJ L 151, 30.6.1968, p. 16. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

[10] OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regulation (EC) No 1913/2005 (OJ L 307, 25.11.2005, p. 2).

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[12] OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006.

[13] OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regulation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).

[14] OJ L 47, 25.2.1993, p. 1. Regulation as last amended by the Act of Accession 2003.

[15] OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).

[16] OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Commission Regulation (EC) No 386/2004 (OJ L 64, 2.3.2004, p. 25).

[17] OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC) No 1913/2005.

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[19] OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2165/2005 (OJ L 345, 28.12.2005, p. 1).

[20] OJ L 193, 29.7.2000, p. 16. Regulation as last amended by Regulation (EC) No 953/2006 (OJ L 175, 29.6.2006, p. 1).

[21] OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (EC) No 1913/2005.

[22] OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

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[25] OJ L 161, 30.4.2004, p. 97. Corrected version in OJ L 206, 9.6.2004, p. 37.

[26] OJ L 312, 29.11.2005, p. 3.

[27] OJ L 314, 30.11.2005, p. 1.

[28] OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1585/2006 (OJ L 294, 24.10.2006, p. 19).

[29] OJ L 97, 15.4.2003, p. 6.

[30] OJ L 125, 28.4.2004, p. 1.

[31] OJ L 286, 17.10.2006, p. 1.

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[33] OJ L 352, 15.12.1987, p. 1–2. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177, 5.7.1997, p. 1-2).

[34] OJ L 270, 21.10.2003, p. 123. Regulation as amended by Regulation (EC) No 1406/2006 (OJ L 265, 26.9.2006, p. 1).

[35] Chapter II of Title II of Regulation (EC) No 318/2006.

[36] OJ L 58, 28.2.2006, p. 42.

[37] OJ L 209, 11.8.2005, p. 1.

[38] OJ L 182, 3.7.1987, p. 36. Regulation as last amended by Commission Regulation (EEC) No 222/88 (OJ L 28, 1.2.1988, p. 1).

[39] OJ L 351, 23.12.1997, p. 13. Regulation as last amended by the Act of Accession 2003.

[40] OJ L 316, 9.12.1994, p. 2.

[41] OJ L 201, 31.7.1990, p. 7. Regulation as last amended by Regulation (EC) No 2583/2001 (OJ L 345, 29.12.2001, p. 6).

[42] OJ L 281, 1.11.1975, p. 18. Regulation as amended by Regulation (EC) No 3290/94 (OJ L 349, 31.12.1994, p. 105).

[43] OJ L 214, 4.8.2006, p. 7.

[44] OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

[45] OJ L 84, 31.3.1976, p. 1.

[46] OJ L 128, 24.5.1977, p. 1.

[47] OJ L 334, 28.12 . 1979, p. 8.

[48] OJ L 42, 16.2.1990, p. 6. Regulation as amended by Regulation (EC) No 163/94 (OJ L 24, 29.1.1994, p. 2).

[49] OJ L 119, 11.5.1990, p. 32. Regulation as amended by the Act of Accession of 1994.

[50] OJ L 215, 30.7.1992, p. 80.

[51] OJ L 275, 26.10.1999, p. 4.

[52] OJ L 214, 4.8.2006, p. 1.

[53] OJ L 318, 18.12.1969, p. 15. Regulation as last amended by Regulation (EEC) No 1153/78 (OJ L 144, 31.5.1978, p. 4).

[54] OJ L 281, 1.11.1975, p. 17.

[55] OJ L 140, 5/6/1980 p. 4.

[56] OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC) No 1300/97 (OJ L 177 5.7.1997 p. 1).

[57] OJ L 317, 27.11.1974, p. 21.

[58] OJ L 42, 14.2.2006, p. 1.

[59] OJ L 244, 29.9.2000, p. 27.

[60] OJ L 277, 21.10.2005, p. 1.

[61] OJ L316, 2.12.2005, p. 1.

[62] OJ L 169, 30.6.2005, p. 1.

[63] OJ L 67, 10.3.1994, p. 89.

[64] OJ L 349, 31.12.1994, p. 53.

[65] OJ L 318, 20.12.1993, p. 18.

[66] OJ L 190, 23.7.1975, p. 36.

[67] OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ L 308, 25.11.2003, p. 15).

[68] OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 2005/29/EC (OJ L 149, 11.6.2005, p. 22).

[69] OJ L 276, 6.10.1990, p. 40. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

[70] OJ L 93, 31.3.2006, p. 1.

[71] OJ L 93, 31.3.2006, p. 12.

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