16.11.

2007 EN Official Journal of the European Union L 299/1

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

REGULATIONS

COUNCIL REGULATION (EC) No 1234/2007

of 22 October 2007
establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation)

THE COUNCIL OF THE EUROPEAN UNION, — Council Regulation (EEC) No 2759/75 of 29 October
1975 on the common organisation of the market in
pigmeat (4),
Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 36 and 37 thereof,

— Council Regulation (EEC) No 2771/75 of 29 October

Having regard to the proposal from the Commission, 1975 on the common organisation of the market in
eggs (5),

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

— Council Regulation (EEC) No 2777/75 of 29 October

Whereas: 1975 on the common organisation of the market in
poultrymeat (6),

(1) The operation and development of the common market for

agricultural products should be accompanied by the
establishment of a common agricultural policy (hereinafter — Council Regulation (EEC) No 2075/92 of 30 June
CAP) to include, in particular, a common organisation of 1992 on the common organisation of the market in
agricultural markets (hereinafter CMO) which may, accord- raw tobacco (7),
ing to Article 34 of the Treaty, take various forms
depending on the product.

— Council Regulation (EEC) No 404/93 of 13 February

(2) Since the introduction of a CAP, the Council has adopted 1993 on the common organisation of the market in
21 CMOs for each product or group of products, each bananas (8),
governed by a separate Council basic regulation:

— Council Regulation (EEC) No 234/68 of 27 February — Council Regulation (EC) No 2200/96 of 28 October
1968 on the establishment of a common organisation 1996 on the common organisation of the market in
of the market in live trees and other plants, bulbs, fruit and vegetables (9),
roots and the like, cut flowers and ornamental
foliage (2),
(4) 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).
— Council Regulation (EEC) No 827/68 of 28 June 1968 (5) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by
Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).
on the common organisation of the market in certain
(6) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by
products listed in Annex II to the Treaty (3),
Regulation (EC) No 679/2006.
(7) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by
(1) Opinion of 24 May 2007 (not yet published in the Official Journal). Regulation (EC) No 1679/2005 (OJ L 271, 15.10.2005, p. 1).
(2) OJ L 55, 2.3.1968, p. 1. Regulation as last amended by Regulation (8) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by Regulation
(EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). (EC) No 2013/2006 (OJ L 384, 29.12.2006, p. 13).
(3) OJ L 151, 30.6.1968, p. 16. Regulation as last amended by (9) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97). Regulation (EC) No 1182/2007 (OJ L 273, 17.10.2007, p. 1).
L 299/2 EN Official Journal of the European Union 16.11.2007

— Council Regulation (EC) No 2201/96 of 28 October — Council Regulation (EC) No 1947/2005 of 23 Novem-
1996 on the common organisation of the markets in ber 2005 on the common organisation of the market
processed fruit and vegetable products (1), in seeds (11),

— Council Regulation (EC) No 1254/1999 of 17 May — Council Regulation (EC) No 1952/2005 of 23 Novem-
1999 on the common organisation of the market in ber 2005 concerning the common organisation of the
beef and veal (2), market in hops (12),

— Council Regulation (EC) No 1255/1999 of 17 May — Council Regulation (EC) No 318/2006 of 20 February
1999 on the common organisation of the market in 2006 on the common organisation of the markets in
milk and milk products (3), the sugar sector (13).

— Council Regulation (EC) No 1493/1999 of 17 May

1999 on the common organisation of the market in (3) In addition, the Council has adopted three regulations with
wine (4), specific rules for certain products without, however, setting
up a CMO for these products:

— Council Regulation (EC) No 1673/2000 of 27 July

2000 on the common organisation of the markets in — Council Regulation (EC) No 670/2003 of 8 April
flax and hemp grown for fibre (5), 2003 laying down specific measures concerning the
market in ethyl alcohol of agricultural origin (14),

— Council Regulation (EC) No 2529/2001 of 19 Decem-

ber 2001 on the common organisation of the market — Council Regulation (EC) No 797/2004 of 26 April
in sheepmeat and goatmeat (6), 2004 on measures improving general conditions for
the production and marketing of apiculture pro-
ducts (15),
— Council Regulation (EC) No 1784/2003 of 29 Sep-
tember 2003 on the common organisation of the
market in cereals (7),
— Council Regulation (EC) No 1544/2006 of 5 October
2006 laying down special measures to encourage
silkworm rearing (16).
— Council Regulation (EC) No 1785/2003 of 29 Sep-
tember 2003 on the common organisation of the
market in rice (8),
(4) The abovementioned Regulations (hereinafter basic regula-
tions) are often accompanied by a collateral set of further
— Council Regulation (EC) No 1786/2003 of 29 Sep- Council regulations. Most of the basic regulations follow
tember 2003 on the common organisation of the the same structure and have numerous provisions in
market in dried fodder (9), 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
— Council Regulation (EC) No 865/2004 of 29 April to the internal market. The basic regulations often contain
2004 on the common organisation of the market in different solutions to identical or similar problems.
olive oil and table olives (10),

(1) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by

Regulation (EC) No 1182/2007. (5) The Community has, for some time, been pursuing the aim
(2) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by of simplifying the regulatory environment of the CAP.
Regulation (EC) No 1913/2005. Accordingly, a horizontal legal framework for all direct
(3) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by payments was established amalgamating an array of
Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). support systems into a single payment scheme by the
(4) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation adoption of Council Regulation (EC) No 1782/2003 of
(EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1). 29 September 2003 establishing common rules for direct
(5) OJ L 193, 29.7.2000, p. 16. Regulation as last amended by support schemes under the common agricultural policy
Regulation (EC) No 953/2006 (OJ L 175, 29.6.2006, p. 1).
(6) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by
Regulation (EC) No 1913/2005. (11) OJ L 312, 29.11.2005, p. 3. Regulation as amended by Regulation
(7) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by (EC) No 1247/2007 (OJ L 282, 26.10.2007, p. 1).
Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6). (12) OJ L 314, 30.11.2005, p. 1.
(8) OJ L 270, 21.10.2003, p. 96. Regulation as last amended by (13) OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation
Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1). (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).
(9) OJ L 270, 21.10.2003, p. 114. Regulation as last amended by (14) OJ L 97, 15.4.2003, p. 6.
Regulation (EC) No 456/2006 (OJ L 82, 21.3.2006, p. 1). (15) OJ L 125, 28.4.2004, p. 1.
(10) OJ L 161, 30.4.2004, p. 97, corrected by OJ L 206, 9.6.2004, p. 37. (16) OJ L 286, 17.10.2006, p. 1.
16.11.2007 EN Official Journal of the European Union L 299/3

and establishing certain support schemes for farmers (1). common structure, whilst maintaining the policy pursued
This approach should also be applied to the basic in each sector. For that purpose it is appropriate to
regulations. In this context the rules contained therein distinguish between reference prices and intervention
should be amalgamated into a single legal framework and prices.
sectoral approaches be replaced by horizontal ones where
this is possible.

(12) The CMOs for cereals, beef and veal and milk and milk
(6) In the light of the aforementioned considerations, the basic products contained provisions according to which the
Regulations should be repealed and replaced by one single Council, acting in accordance with the procedure laid down
Regulation. in Article 37(2) of the Treaty, may change the price levels.
Given the sensitivity of the price systems it should be made
(7) Simplification should not lead to calling into question the clear that the possibility under Article 37(2) to change price
policy decisions that have been taken over the years in the levels exists with regard to all sectors covered by this
CAP. This Regulation should, therefore, essentially be an act Regulation.
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 should it provide for new (13) Moreover, the CMO for sugar provided for the possibility of
instruments or measures. reviewing the standard qualities of sugar, as further defined
in Regulation (EC) No 318/2006, to take account, in
particular, of commercial requirements and developments
(8) Against this background, this Regulation should not in technical analysis. That Regulation therefore provided for
include those parts of CMOs which are subject to policy the power of the Commission to amend the relevant
reforms. This is the case with regard to most parts of the Annex. There is a particular need to maintain that
fruit and vegetables, processed fruit and vegetables and the possibility in order to enable the Commission to take swift
wine sectors. The provisions contained in the respective action if necessary.
Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC)
No 1493/1999 should, therefore, be incorporated into this
Regulation only to the extent that they are not themselves
subject to any policy reforms. The substantive provisions of (14) To ensure reliable information on Community market
these CMOs should only be incorporated once the prices for sugar, the price reporting system as provided for
respective reforms have been enacted. in the CMO for sugar should be incorporated into this
Regulation, on the basis of which market price levels for
white sugar should be determined.
(9) The CMOs for cereals, rice, sugar, dried fodder, seeds, olive
oil and table olives, flax and hemp, bananas, milk and milk
products, and silkworms provide for marketing years
mainly adapted to the biological production cycles of each (15) To prevent the system of intervention in respect of cereals,
of these products. The marketing years as they have been rice, butter and skimmed milk powder from becoming an
fixed in these sectors should, therefore, be incorporated into outlet in itself the possibility to provide for the opening of
this Regulation. public intervention only during certain periods of the year
should be maintained. In respect of beef and veal products,
(10) In order to stabilise the markets and to ensure a fair pigmeat and butter, the opening and closing of public
standard of living for the agricultural community, a intervention should be dependent on market price levels
differentiated system of price support for the different during a certain period. As regards maize, rice and sugar,
sectors has been developed, in parallel to the introduction the limitation of the quantities up to which buying-in under
of direct support schemes, taking account of the different public intervention can be carried out, should be main-
needs in each of these sectors on the one hand and the tained. With regard to butter and skimmed milk powder,
interdependence between different sectors on the other. the power of the Commission needs to be maintained to
These measures take the form of public intervention or the suspend the normal buying-in once a certain quantity is
payment of aid for the private storage of products of the reached or to replace it by buying-in under a tender
cereals, rice, sugar, olive oil and table olives, beef and veal, procedure.
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 instru- (16) The price level at which buying-in under public interven-
ments as they were developed in the past, without making tion should be carried out was, in the past, decreased in the
any substantial changes as compared to the previous legal CMOs for cereals, rice and beef and veal and fixed along
situation. 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
(11) For the sake of clarity and transparency, the provisions linked. For the products of the milk and milk products
governing these measures should be made subject to a sector, that price level was fixed in order to promote
consumption of the products concerned and improve their
(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by competitiveness. In the rice and sugar sectors, the prices
Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007, were fixed in order to contribute to stabilising the market in
p. 10). instances where the market price in a given marketing year
L 299/4 EN Official Journal of the European Union 16.11.2007

falls below the reference price fixed for the following objective of improving market transparency. Such carcass
marketing year. These policy decisions of the Council still classification schemes should be maintained. It is therefore
remain valid. appropriate to incorporate their essential elements into this
Regulation, whilst empowering the Commission to regulate
certain issues of a rather technical character through
(17) As in previous CMOs, this Regulation should provide for
implementing rules.
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. (21) Restrictions to free circulation resulting from the applica-
tion of measures intended to combat the spread of animal
(18) Due to its intervention stocks of various agricultural diseases could cause difficulties on the market in certain
products, the Community has the potential means to make products in one or more Member States. Experience shows
a significant contribution towards the well-being of its most that serious market disturbances such as a significant drop
deprived citizens. It is in the Community interest to exploit in consumption or in prices may be attributed to a loss in
this potential on a durable basis until the stocks have been consumer confidence due to public health or animal health
run down to a normal level by introducing appropriate risks.
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 organisations for dis- (22) The exceptional market support measures in order to
tribution to the most deprived persons in the Commu- remedy such situations provided for in the respective CMOs
nity (1) has, so far, provided for the distribution of food by for beef and veal, milk and milk products, pigmeat,
charitable organisations. This important social measure, sheepmeat and goatmeat, eggs and poultrymeat should,
which can be of considerable value to the most deprived therefore, be incorporated into this Regulation under the
persons, should be maintained and incorporated into the same conditions as they have applied so far. Such
framework of this Regulation. exceptional market support measures should be taken by
the Commission and should be directly related to or
consequent upon health and veterinary measures adopted
(19) In order to contribute to balancing the milk market and to in order to combat the spread of disease. They should be
stabilising market prices, the CMO for milk and milk taken at the request of Member States in order to avoid
products has provided for the granting of aid for private serious disruption on the markets concerned.
storage in respect of cream, 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, (23) The possibility for the Commission to adopt special
certain kinds of olive oil and of certain beef and veal intervention measures where this proves to be necessary
products, skimmed milk powder, pigmeat and sheepmeat in order to react efficiently and effectively against threats of
and goatmeat. Given the purpose of this Regulation, these market disturbances in the cereals sector and in order to
measures should be maintained. prevent large-scale application of public intervention in
certain regions of the Community in the rice sector or to
(20) Council Regulation (EC) No 1183/2006 of 24 July 2006 make up for paddy rice shortages following natural
concerning the Community scale for the classification of disasters, as they have been provided for in the CMOs for
carcasses of adult bovine animals (2), Council Regula- cereals and rice respectively should be maintained in this
tion (EEC) No 1186/90 of 7 May 1990 extending the Regulation.
scope of the Community scale for the classification of
carcasses of adult bovine animals (3), Council Regulation
(EEC) No 3220/84 of 13 November 1984 determining the
Community scale for grading pig carcasses (4) and Council (24) A minimum price should be fixed for quota beet
Regulation (EEC) No 2137/92 of 23 July 1992 concerning corresponding to a standard quality which should be
the Community scale for the classification of carcasses of defined, in order to ensure a fair standard of living for the
ovine animals and determining the Community standard Community growers of sugar beet and sugar cane.
quality of fresh or chilled sheep carcasses (5) provide for
Community scales for the classification of carcasses in the
beef and veal, pigmeat and sheepmeat and goatmeat
sectors. These schemes are essential for the purposes of (25) Specific instruments are needed to ensure a fair balance of
price recording and for the application of the intervention rights and obligations between sugar undertakings and
arrangements in those sectors. Moreover, they pursue the sugar beet growers. Therefore, the standard provisions
governing the interprofessional agreements previously
contained in the CMO for sugar should be maintained.
(1) OJ L 352, 15.12.1987, p. 1. Regulation as amended by Regulation
(EC) No 2535/95 (OJ L 260, 31.10.1995, p. 3).
(2) OJ L 214, 4.8.2006, p. 1.
(3) OJ L 119, 11.5.1990, p. 32. Regulation as amended by the 1994 Act
of Accession. (26) The diversity of natural, economic and technical situations
(4) OJ L 301, 20.11.1984, p. 1. Regulation as last amended by makes it difficult to provide for uniform purchase terms for
Regulation (EC) No 3513/93 (OJ L 320, 22.12.1993, p. 5). sugar beet throughout the Community. Agreements within
(5) OJ L 214, 30.7.1992, p. 1. Regulation as last amended by Regulation the trade already exist between associations of sugar beet
(EC) No 1791/2006. growers and sugar undertakings. Therefore, framework
16.11.2007 EN Official Journal of the European Union L 299/5

provisions should define only the minimum guarantees (EC) No 318/2006 and, in particular, maintain the legal
required by both sugar beet growers and the sugar industry status of the quotas in so far as, according to the case-law of
to ensure a smooth functioning of the sugar market with the Court of Justice, the system of quotas constitutes a
the possibility to derogate from some rules in the context of mechanism for regulating the market in the sugar sector
an agreement within the trade. More detailed terms have aiming to ensure the attainment of public interest
previously been provided in the CMO for sugar in Annex II objectives.
to Regulation (EC) No 318/2006. Given the highly
technical character of these terms, it is more appropriate
to deal with these questions at Commission level.
(33) This Regulation should, therefore, also enable the Commis-
sion to adjust the quotas to a sustainable level after the
(27) The production charge provided for under the CMO for termination, in 2010, of the restructuring fund established
sugar to contribute to the financing of the expenditure by Council Regulation (EC) No 320/2006 of 20 February
occurring under that CMO should be incorporated in this 2006 establishing a temporary scheme for the restructuring
Regulation. of the sugar industry in the Community (2).

(28) To maintain the structural balance of the markets in sugar

at a price level close to the reference price, the possibility (34) In the light of the need to allow for a certain amount of
for the Commission to decide to withdraw sugar from the national flexibility in relation to the structural adjustment
market for as long as it takes for the market to rebalance of the processing industry and of beet and cane growing
should be maintained. during the period in which the quotas are to be applied, the
possibility for Member States to be allowed to alter the
quotas of undertakings within certain limits whilst not
(29) The CMOs for live plants, beef and veal, pigmeat, restricting the operation of the restructuring fund as an
sheepmeat and goatmeat, eggs and poultrymeat provided instrument should be maintained.
for the possibility of adopting 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 (35) The CMO for sugar provided that, in order to avoid that
community concerned. Given the objectives of this surplus sugar distorts the sugar market, the Commission
Regulation, that possibility should be maintained. Accord- should be enabled, according to certain criteria, to provide
ing to those provisions, the Council may adopt the general for carrying forward the surplus sugar, isoglucose or inulin
rules concerning such measures in accordance with the syrup to be treated as quota production of the following
procedure laid down in Article 37 of the Treaty. The aims marketing year. Moreover, if, for certain quantities, the
to be pursued by such measures are clearly circumscribed applicable conditions are not met, it also provided for a levy
and delimit the nature of the measures that may be on the surplus in order to avoid the accumulation of these
adopted. Therefore, the adoption of additional general rules quantities threatening the market situation. These provi-
by the Council in those sectors is not necessary and should sions should be maintained.
no longer be provided for.

(30) In the sugar and in the milk and milk products sectors the (36) The main purpose of the milk quota system of reducing the
quantitative limitation of production as set out in imbalance between supply and demand on the respective
Regulations (EC) No 318/2006 and Council Regulation market and the resulting structural surpluses, thereby
(EC) No 1788/2003 of 29 September 2003 establishing a achieving a better market equilibrium, still prevails. The
levy in the milk and milk products sector (1) has been an application of a levy to quantities of milk collected or sold
essential market policy instrument for many years. The for direct consumption above a certain guarantee threshold
reasons which in the past led the Community to adopt should, therefore, be maintained. In line with the purpose
production quota systems in both sectors remain valid. of this Regulation, there is, to a certain extent, a need in
particular for terminological harmonisation between the
sugar and milk-quota schemes, whilst fully preserving their
(31) Whereas the sugar quota system was provided for in the legal status quo. It therefore seems appropriate to harmonise
CMO for sugar, the corresponding system in the dairy the terminology in the milk sector with that in the sugar
sector has so far been regulated in a legal act separate from sector. The terms 'national reference quantity' and 'indivi-
the CMO for milk and milk products, namely Regulation dual reference quantity' in Regulation (EC) No 1788/2003
(EC) No 1788/2003. Given the crucial importance of these should, therefore, be replaced by the terms 'national quota'
schemes and the objectives of this Regulation, it is and 'individual quota' whilst retaining the legal notion that
appropriate to incorporate the relevant provisions for both is being defined.
sectors in this Regulation without making any substantial
changes to the schemes and their modes of operation as
compared to the previous legal situation.
(37) In substance, the milk quota scheme in this Regulation
should be shaped according to Regulation (EC) No 1788/
(32) The sugar quota scheme under this Regulation should 2003. In particular, the distinction between deliveries and
therefore reflect the arrangements set out in Regulation direct sales should be maintained and the scheme should be
applied on the basis of individual representative fat contents
(1) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by
Commission Regulation (EC) No 1186/2007 (OJ L 265, (2) OJ L 58, 28.2.2006, p. 42. Regulation as last amended by Regulation
11.10.2007, p. 22). (EC) No 1261/2007 (OJ L 283, 27.10.2007, p. 8).
L 299/6 EN Official Journal of the European Union 16.11.2007

and a national reference fat content. Farmers should be that resulting from the application of the common prices.
authorised under certain conditions to temporarily transfer The CMO for sugar established the possibility of the
their individual quota. Moreover the principle should be granting of a production refund in cases where, with regard
maintained that when a farm is sold, leased or transferred to the manufacturing of certain industrial, chemical or
by inheritance, the corresponding quota is transferred to pharmaceutical products the need arises to take measures
the purchaser, tenant or heir together with the relevant aimed at making available certain sugar products. These
land, while the exceptions to the principle that quotas are provisions should be maintained.
tied to farms in order to continue the restructuring of milk
production and improve the environment should be
maintained. In line with the various types of transfer of
quotas and using objective criteria, the provisions authoris-
ing Member States to place part of the transferred quantities (43) To contribute to balancing the milk market and to stabilise
in the national reserve should also be maintained. 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
(38) The surplus levy should be set at a dissuasive level and be
milk products with a view to specific uses and destinations.
payable by the Member States as soon as the national quota Moreover, that CMO provided that, in order to stimulate
is exceeded. The Member State should then divide the the consumption of milk by young people, the Community
burden of payment among the producers who have should defray a part of the expenditure occasioned by
contributed to the overrun. Those producers should be granting aid for the supply of milk to pupils in schools.
liable vis-à-vis the Member State for payment of their These provisions should be maintained.
contribution to the levy due by virtue of the fact of having
overrun their available quantity. Member States should pay
to the European Agricultural Guarantee Fund (EAGF) the
levy corresponding to the overrun of their national quota,
reduced by a flat-rate amount of 1 % in order to take
(44) Community finance, consisting of the percentage of direct
account of cases of bankruptcy or the definitive inability of
aid that Member States are allowed to withhold in
certain producers to make their contribution to the
accordance with Article 110i(4) of Regulation (EC)
payment of the levy due.
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
(39) Council Regulation (EC) No 1290/2005 of 21 June 2005 and table olives. In that context, the CMO for olive oil and
on the financing of the common agricultural policy (1) table olives provided for Community support to be
qualifies the proceeds flowing from the application of the allocated in accordance with the priorities given to the
additional levy in the dairy sector as 'assigned revenue' activities undertaken within the work programmes in
which has to be paid to the Community budget and, in the question. These provisions should be maintained.
event of reuse, has 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 (45) A Community tobacco fund financed by certain deductions
agricultural markets and are to be applied to financing from aid schemes in that sector was established under
expenditure in the milk sector, has therefore become Regulation (EEC) No 2075/92 with a view to carrying out
obsolete and should not be incorporated in this Regulation. various measures in respect of that sector. The year 2007 is
the last in which deductions from the aid scheme provided
for in Chapter 10c of Title IV of Regulation (EC) No 1782/
2003 would be made available to the Community Tobacco
(40) Various CMOs have provided for different kinds of aid Fund. Whilst the financing of the fund will expire prior to
schemes. the entry into force of this Regulation, Article 13 of
Regulation (EEC) No 2075/92 should nevertheless be
maintained to serve as a legal basis for the multiannual
(41) The CMOs for dried fodder and for flax and hemp provided programmes that may be financed by the Community
for processing aids for these sectors as a means to govern Tobacco Fund.
the internal market in respect of the sectors concerned.
These provisions should be maintained.

(46) Beekeeping, being a sector of agriculture, is characterised by

(42) In view of the special market situation for cereals and the diversity of production conditions and yields and the
potato starch the CMO for cereals contained provisions dispersion and variety of economic operators, both at the
which allowed the granting of a production refund if that production and marketing stages. Moreover, in view of the
proves necessary. The production refund should be of such spread of varroasis in several Member States in recent years
a nature that the basic products used by the industry and the problems which that disease causes for honey
concerned can be made available to it at a lower price than production, action by the Community continues to be
necessary as varroasis cannot be completely eradicated and
(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation is to be treated with approved products. Given such
(EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1). circumstances and in order to improve the production and
16.11.2007 EN Official Journal of the European Union L 299/7

marketing of apiculture products in the Community, ensuring a fair competition between spreadable fats of milk
national programmes should be drawn up every three and non-milk origin on the other, both to the benefit of
years, comprising technical assistance, control of varroasis, producers and consumers. The rules contained in Council
rationalisation of transhumance, management of the Regulation (EEC) No 1898/87 of 2 July 1987 on the
restocking of hives in the Community, and cooperation protection of designations used in marketing milk and milk
on research programmes on beekeeping and apiculture products (1) are aimed at protecting the consumer and at
products with a view to improving the general conditions establishing conditions of competition between milk
for the production and marketing of apiculture products. products and competing products in the field of product
Those national programmes should be partly financed by designation, labelling and advertising which avoid any
the Community. 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 (2) provides for rules aimed at
guaranteeing a high quality of drinking milk and products
(47) Regulation (EC) No 1544/2006 replaced all national which fulfil consumers' needs and wishes, thus stabilising
silkworm aids by a Community aid scheme for silkworm the market concerned and providing the consumer with
rearing which takes the form of a fixed sum per box of high quality drinking milk. Council Regulation (EC)
silkworm eggs used. No 2991/94 of 5 December 1994 laying down standards
for spreadable fats (3) 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
(48) As the policy considerations which led to the introduction rules should be maintained.
of the abovementioned aid schemes for beekeeping and
silkworm rearing still persist, these aid schemes should be
incorporated in the framework of this Regulation.

(52) Concerning the eggs and poultrymeat sectors, provisions

(49) The application of standards for the marketing of exist in relation to marketing standards and, in certain
agricultural products can contribute to improving the cases, to production. These provisions are contained in
economic conditions for the production and marketing as Council Regulation (EC) No 1028/2006 of 19 June 2006
well as the quality of such products. The application of such on marketing standards for eggs (4), Council Regulation
standards is therefore in the interest of producers, traders (EEC) No 1906/90 of 26 June 1990 on certain marketing
and consumers. Accordingly, within the CMOs for bananas, standards for poultrymeat (5) and Council Regulation (EEC)
olive oil and table olives, live plants, eggs and poultrymeat, No 2782/75 of 29 October 1975 on the production and
marketing standards were put in place which relate, in marketing of eggs for hatching and of farmyard poultry
particular, to quality, grading, weight, sizing, packaging, chicks (6). The essential rules contained in those Regulations
wrapping, storage, transport, presentation, origin and should be incorporated into this Regulation.
labelling. It is appropriate to maintain that approach under
this Regulation.

(53) Regulation (EC) No 1028/2006 provides that marketing

(50) Under the CMOs for olive oil and table olives and for standards for eggs should, in principle, apply to all eggs of
bananas the Commission has, so far, been entrusted with hens of the species Gallus gallus, marketed in the
the adoption of the provisions on marketing standards. Community and, as a general rule, also to those intended
Given their detailed technical character and the need to for export to third countries. It also draws a distinction
constantly improve their effectiveness and to adapt them to between eggs suitable and eggs not suitable for direct
evolving trade practices, it is appropriate to extend this human consumption by the creation of two quality classes
approach to the live plants sectors while specifying the of eggs and lays down provision to ensure appropriate
criteria to be taken into account by the Commission in information to the consumer as regards quality and weight
setting out the relevant rules. Moreover, special measures, in grades and the identification of the farming method used.
particular up-to-date methods of analysis and other Finally, that Regulation provides for special rules in respect
measures to determine the characteristics of the standards of eggs imported from third countries according to which
concerned, may need to be adopted to avoid abuses as special provisions in force in certain third countries may
regards the quality and authenticity of the products
presented to consumers and the important disturbances (1) OJ L 182, 3.7.1987, p. 36. Regulation as last amended by the 1994
on the markets such abuses may entail. Act of Accession.
(2) OJ L 351, 23.12.1997, p. 13. Regulation as last amended by
Regulation (EC) No 1153/2007 (OJ L 258, 4.10.2007, p. 6).
(3) OJ L 316, 9.12.1994, p. 2.
(4) OJ L 186, 7.7.2006, p. 1.
(51) Several legal instruments have been put in place to regulate (5) OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation
the marketing and designation of milk, milk products and (EC) No 1029/2006 (OJ L 186, 7.7.2006, p. 6).
fats. They pursue the objective of improving the position of (6) OJ L 282, 1.11.1975, p. 100. Regulation as last amended by
milk and milk products on the market on the one hand and Regulation (EC) No 1791/2006.
L 299/8 EN Official Journal of the European Union 16.11.2007

justify derogations from the marketing standards if their organisation of the market in milk and milk products as
equivalence to Community legislation is guaranteed. regards cheese (1) provided for 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
(54) As regards poultrymeat, Regulation (EEC) No 1906/90 scheme, taking into account the vulnerability of cheese to
determines that marketing standards should, in principle, substitution operations with casein and caseinates, thereby
apply to certain types of poultrymeat suitable for human intending to stabilise the market. These rules should be
consumption marketed in the Community and that incorporated into this Regulation.
poultrymeat intended for export to third countries should,
however, be excluded from the application of the marketing
standards. That Regulation provides for the grading of (61) The processing of certain agricultural raw materials into
poultrymeat in two categories according to conformation ethyl alcohol is closely linked with the economy of those
and appearance and the conditions under which the meat is raw materials. This can contribute considerably to enhan-
to be offered for sale. cing 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
(55) According to those Regulations, Member States should be the producers of the raw materials concerned. It also
able to exempt from the application of those marketing permits the disposal of products of unsatisfactory quality
standards eggs and poultrymeat, respectively, sold through and short-term surpluses that may cause temporary
certain forms of direct sale from the producer to the final problems in certain sectors.
consumer where small quantities are involved.

(62) In the hops, olive oil and table olives, tobacco and silkworm
(56) Regulation (EC) No 2782/75 establishes special rules
concerning the marketing and transport of eggs for sectors the legislation focuses on various kinds of
hatching and of farmyard poultry chicks as well as for organisations in order to achieve policy aims in particular
the incubation of eggs for hatching. That Regulation with a view to stabilising the markets in, and of improving
provides, in particular, for the individual marking of eggs and guaranteeing the quality of, the products concerned
for hatching used for chick production, for the way of through joint action. The provisions which have regulated
packing and the kind of packing material for transport. that system of organisations so far are based on organisa-
However, it excludes small sized pedigree breeding and tions which are recognised by the Member States or, under
other breeding establishments from the compulsory certain conditions, by the Commission, in accordance with
application of the standards laid down therein. 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.
(57) In line with the objectives of the present Regulation, those
rules should be maintained without touching upon their
substance. However, further provisions contained in those (63) To support certain activities of inter-branch organisations
Regulations which are of technical character should be dealt which are of particular interest in the light of the current
with in implementing rules to be adopted by the rules concerning the CMO for tobacco, provision should be
Commission. 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
(58) As it has been the case so far under the CMO for hops, a one or more regions. The same should also apply in respect
quality policy should be followed throughout the Commu- of other activities of inter-branch organisations which are of
nity by implementing provisions concerning certification general economic or technical interest for the tobacco
together with rules prohibiting, as a general rule, the sector so as to be of benefit to all persons active in the
marketing of products for which a certificate has not been branches in question. There should be close cooperation
issued, or, in the case of imported products, those which do between the Member States and the Commission. The
not comply with equivalent quality characteristics. Commission should have permanent monitoring powers,
particularly as regards the agreements and concerted
practices adopted by such organisations.
(59) The descriptions and definitions of olive oil and the
denomination are an essential element of the market order
with respect to setting quality standards and providing (64) In certain sectors apart from those for which current rules
consumers with adequate information on the product and provide for the recognition of producer or interbranch
should be maintained in this Regulation. organisations, Member States may wish to recognise such
kinds of organisations based on national law as far as this is
compatible with Community law. This possibility should
(60) One of the aforementioned aid schemes contributing to therefore be clarified. Moreover, rules should be adopted
balancing the market in milk and milk products and to stating that the recognition of producer and interbranch
stabilising the market prices in that sector consists of an aid organisations in accordance with the current Regulations
scheme, contained in Regulation (EC) No 1255/1999, for remains valid after the adoption of this Regulation.
the processing of skimmed milk into casein and caseinates.
Council Regulation (EEC) No 2204/90 of 24 July 1990 (1) OJ L 201, 31.7.1990, p. 7. Regulation as amended by Regulation
laying down additional general rules on the common (EC) No 2583/2001 (OJ L 345, 29.12.2001, p. 6).
16.11.2007 EN Official Journal of the European Union L 299/9

(65) A single Community market involves a trading system at countries to export cane sugar to the Community under
the external borders of the Community. That trading favourable conditions. The CMO for sugar provided for the
system should include import duties and export refunds evaluation of the refiners' need for sugar for refining and,
and should, in principle, stabilise the Community market. under certain conditions, the reservation of import licences
The trading system should be based on the undertakings to specialised users of significant quantities of imported raw
accepted under the Uruguay Round of multilateral trade cane sugar, which are considered to be full-time refiners in
negotiations. the Community. These provisions should be maintained.

(66) Monitoring the volume in trade in agricultural products

with third countries in the CMOs for the cereals, rice, sugar, (73) In order to prevent illicit crops from disturbing the CMO
seeds, olive oil and table olives, flax and hemp, beef and for hemp for fibre, the respective Regulation provided for
veal, milk and milk products, pigmeat, sheepmeat and checks on imports of hemp and hemp seed to ensure that
goatmeat, eggs, poultrymeat, live plants and agricultural such products offer certain guarantees with regard to the
ethyl alcohol sectors, has, so far, both for imports and tetrahydrocannabinol content. In addition, imports of
exports been subject to either compulsory licence systems hemp seed intended for uses other than sowing were
or to systems where the Commission was empowered to subject to a control system which makes provision for the
provide for licence requirements. authorisation of the importers concerned. These provisions
should be maintained.
(67) Monitoring trade flows is foremost a matter of manage-
ment 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 (74) A quality policy is being followed throughout the
conferred on the Commission, it appears appropriate to Community as regards products of the hops sector. In the
extend this approach to all sectors where import and export case of imported products, the provisions ensuring that
licences are being used. The decision on the introduction of only products complying with equivalent minimum quality
licence requirements should be made by the Commission characteristics are imported should be incorporated in this
taking account of the need for import licences for the Regulation.
management of the markets concerned and, in particular,
for monitoring the imports of the products in question.

(75) The customs duty system makes it possible to dispense with

(68) For the most part, the customs duties applicable to all other protective measures at the external frontiers of the
agricultural products under the World Trade Organisation Community. The internal market and duty mechanism
(WTO) agreements are laid down in the Common Customs could, in exceptional circumstances, prove to be inadequate.
Tariff. However, for some products of the cereals and rice In such cases, in order not to leave the Community market
sectors, the introduction of additional mechanisms makes it without defence against disturbances that might ensue, the
necessary to provide for the possibility to adopt deroga- Community should be able to take all necessary measures
tions. without delay. Such measures should comply with the
international commitments of the Community.
(69) 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 (76) To ensure the proper functioning of the CMOs and, in
certain conditions are fulfilled. particular, avoid market disturbance, the CMOs for a
number of products traditionally provided for the possibi-
lity of prohibiting the use of inward and outward
(70) It is appropriate, under certain conditions, to confer on the processing arrangements. This possibility should be main-
Commission the power to open and administer import tained. Moreover, experience shows that where markets are
tariff quotas resulting from international agreements disturbed or threatened to be disturbed by the use of these
concluded in accordance with the Treaty or from other arrangements, action needs to be taken without major
acts of the Council. delays. The Commission should therefore be entrusted with
the relevant powers. It is thus appropriate to enable the
Commission to suspend the use of inward and outward
(71) Council Regulation (EEC) No 2729/75 of 29 October 1975 processing arrangements in such situations.
on the import levies on mixtures of cereals, rice and broken
rice (1) aims to ensure the proper working of the duty
system for imports of mixtures of cereals, rice and broken
rice. These rules should be included in this Regulation. (77) 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
(72) The Community has concluded several preferential market within the limits set by the Community's commitments in
access arrangements with third countries which allow those the WTO, should serve to safeguard the Community's
participation in international trade in certain products
(1) OJ L 281, 1.11.1975, p. 18. Regulation as amended by Regulation falling within this Regulation. Subsidised exports should be
(EC) No 3290/94 (OJ L 349, 31.12.1994, p. 105). subject to limits in terms of value and quantity.
L 299/10 EN Official Journal of the European Union 16.11.2007

(78) Compliance with the limits in terms of value should be defined in Council Regulation (EC) No 1184/2006 of
ensured at the time when the export refunds are fixed 24 July 2006 applying certain rules on competition to the
through the monitoring of payments under the rules production of, and trade in, agricultural products (1). In line
relating to the EAGF. Monitoring can be facilitated by the with the objective of creating one comprehensive set of
compulsory advance fixing of export refunds, while market policy rules it is appropriate to incorporate the
allowing the possibility, in the case of differentiated refunds, provisions concerned in this Regulation.
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 (84) The rules on competition relating to the agreements,
the actual destination should be paid, with a ceiling on the decisions and practices referred to in Article 81 of the
amount applicable to the destination fixed in advance. 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
(79) Compliance with the quantity limits should be ensured by a markets or jeopardise the attainment of the objectives of
reliable and effective system of monitoring. To that end, the the CAP.
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
(85) A special approach is warranted in the case of farmers'
each product concerned. Exceptions to that rule should be
permitted only for processed products not listed in Annex I organisations the particular objective of which is the joint
to the Treaty, to which volume limits do not apply. production or marketing of agricultural products or the use
Provision should be made for a derogation from strict of joint facilities, unless such joint action excludes
compliance with management rules where exports benefit- competition or jeopardises the attainment of the objectives
ing from export refunds are not likely to exceed the of Article 33 of the Treaty.
quantity laid down.

(86) In order both to avoid compromising the development of a

CAP and to ensure legal certainty and non-discriminatory
(80) In the case of the export of live bovine animals, provision treatment of the undertakings concerned, the Commission
should be made whereby export refunds are granted and should have the sole power, subject to review by the Court
paid only if the provisions established in Community of Justice, to determine whether agreements, decisions and
legislation concerning animal welfare, in particular those practices referred to in Article 81 of the Treaty are
concerning the protection of animals during transport, are compatible with the objectives of the CAP.
respected.

(87) The proper working of the single market based on

common prices would be jeopardised by the granting of
(81) Agricultural products may in certain cases benefit from national aid. Therefore, the provisions of the Treaty
special import treatment in third countries if the products governing State aid should, as a general rule, apply to the
comply with certain specifications and/or price conditions. products covered by this Regulation. In certain situations
Administrative cooperation between the authorities in the exceptions should be allowed. Where such exceptions
importing third country and the Community is necessary to apply, the Commission should, however, be in a position to
ensure the correct application of such a system. To that end draw up a list of existing, new or proposed national aids, to
the products should be accompanied by a certificate issued make appropriate observations to the Member States and to
in the Community. propose suitable measures to them.

(88) Since their accession, Finland and Sweden may, due to the
(82) Exports of flowering bulbs to third countries are of
specific economic situation of the production and market-
considerable economic importance to the Community. The ing of reindeer and reindeer products, grant aids in that
continuation and development of such exports may be regard. Moreover, Finland may, subject to authorisation by
ensured by stabilising prices in this trade. Provision should the Commission, grant aid respectively for certain quan-
therefore be made for minimum export prices for the tities of seeds and for certain quantities of cereal seed
products in question. produced solely in Finland, because of its specific climatic
conditions. These exceptions need to be maintained.

(83) In accordance with Article 36 of the Treaty the provisions

of the chapter of the Treaty relating to rules on competition (89) In Member States with a significant reduction of sugar
shall apply to production of and trade in agricultural quota, sugar beet growers will face particularly severe
products only to the extent determined by the Council adaptation problems. In such cases the transitional
within the framework of Article 37(2) and (3) of the Treaty Community aid to sugar beet growers provided for in
and in accordance with the procedure laid down therein. In Chapter 10f of Title IV of Regulation (EC) No 1782/2003
the various CMOs the provisions on state aid had been will not suffice to fully address the beet growers' difficulties.
largely declared applicable. The application in particular of
the Treaty rules applying to undertakings was furthermore (1) OJ L 214, 4.8.2006, p. 7.
16.11.2007 EN Official Journal of the European Union L 299/11

Therefore, Member States having reduced their quota by (95) It is appropriate to provide, under certain conditions and
more than 50 % of the sugar quota fixed on 20 February for certain products, for measures to be taken in cases
2006 in Annex III to Regulation (EC) No 318/2006 should where disturbances are occurring or are likely to occur due
be authorised to grant State aid to sugar beet growers to significant changes in the internal market prices or as
during the period of application of the transitional regards quotations or prices on the world market.
Community aid. To ensure that Member States do not
grant State aid exceeding the needs of their sugar beet
growers, the determination of the total amount of the State
(96) It is necessary to establish a framework of specific measures
aid concerned should continue to be made subject to
for ethyl alcohol of agricultural origin so that economic
Commission approval, except in the case of Italy where the
data can be collected and statistical information analysed
maximum need for the most productive sugar beet growers
for the purpose of monitoring the market. In so far as the
to adapt to the market conditions after the reform has been
market in ethyl alcohol of agricultural origin is linked to the
estimated at EUR 11 per tonne of sugar beet produced.
market in ethyl alcohol in general, information also needs
Moreover, due to the particular problems expected to arise
to be made available concerning the market in ethyl alcohol
in Italy, the provision for arrangements allowing sugar beet
of non-agricultural origin.
growers to benefit directly or indirectly from the State aid
granted should be maintained.

(97) Expenditure incurred by the Member States as a result of

the obligations arising from the application of this
(90) In Finland sugar beet growing is subject to particular Regulation should be financed by the Community in
geographical and climatic conditions which will adversely accordance with Regulation (EC) No 1290/2005.
affect the sector beyond the general effects of the sugar
reform. For this reason the provision made in the CMO for
sugar authorising that Member State, on a permanent basis, (98) The Commission should be authorised to adopt the
to grant its sugar beet growers an adequate amount of State necessary measures to solve specific practical problems in
aid should be maintained. case of emergency.

(99) Since the common markets in agricultural products are

(91) Given the particular situation in Germany, where national
continuously evolving, the Member States and the
support is currently granted to a large number of smaller Commission should keep each other informed of relevant
producers of alcohol under the specific conditions of the developments.
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 by the Commission on the (100) In order to avoid abuse of any of the advantages provided
functioning of that derogation, at the end of that period, for in this Regulation, such advantages should not be
accompanied by any appropriate proposals. granted or, as the case may be, should be withdrawn, in
cases where it is found that the conditions for obtaining
any of those advantages have been created artificially,
contrary to the objectives of this Regulation.
(92) If a Member State wishes to support, on its territory,
measures promoting the consumption of milk and milk
products in the Community, provision should be made for (101) To guarantee compliance with the obligations laid down by
the possibility of financing such measures by a promotional this Regulation, there is a need for controls and the
levy on milk producers at national level. application of administrative measures and administrative
penalties in case of non-compliance. Power should, there-
fore, be conferred on the Commission to adopt the
corresponding rules, including those concerning the
(93) In order to take account of possible developments in dried recovery of undue payments and the reporting obligations
fodder production, the Commission should, before 30 Sep- of the Member States resulting from the application of this
tember 2008, on the basis of an evaluation of the CMO for Regulation.
dried fodder, present a report to the Council on that sector.
The report should be accompanied, if necessary, by
appropriate proposals. Moreover, the Commission should (102) The measures necessary for the implementation of this
report at regular intervals to the European Parliament and Regulation should, as a general rule, be adopted in
the Council on the aid scheme applied in respect of the accordance with Council Decision 1999/468/EC of 28 June
apiculture sector. 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission (1).
However, in respect of certain measures under this
Regulation which relate to Commission powers, require
(94) Adequate information is needed about the present state of swift action or are of a purely administrative nature, the
the market in hops within the Community and the Commission should be empowered to act on its own.
prospects for its development. Provision should therefore
be made for the registration of all supply contracts (1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/
regarding hops produced within the Community. 512/EC (OJ L 200, 22.7.2006, p. 11).
L 299/12 EN Official Journal of the European Union 16.11.2007

(103) Due to the incorporation into this Regulation of certain — Council Regulation (EEC) No 1898/87 of 2 July 1987
elements of the CMOs for fruit and vegetables and on the protection of designations used in marketing
processed fruit and vegetable products and wine, certain milk and milk products,
amendments should be made to these CMOs.

— Council Regulation (EEC) No 3730/87 of 10 Decem-

(104) This Regulation incorporates provisions concerning the ber 1987 laying down the general rules for the supply
applicability of the competition rules under the Treaty. of food from intervention stocks to designated
Such provisions have, so far, been dealt with in Regulation organisations for distribution to the most deprived
(EC) No 1184/2006. The scope of that Regulation should persons in the Community,
be amended so that its provisions only apply to products
listed in Annex I to the Treaty that are not covered by this
Regulation.
— 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
(105) This Regulation incorporates the provisions contained in other amounts (5),
the basic 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,
— Council Regulation (EEC) No 1186/90 of 7 May 1990
this Regulation incorporates the provisions of the following
extending the scope of the Community scale for the
Regulations:
classification of carcasses of adult bovine animals,

— Council Regulation (EEC) No 2729/75 of 29 October — Council Regulation (EEC) No 1906/90 of 26 June
1975 on the import levies on mixtures of cereals, rice 1990 on certain marketing standards for poultry-
and broken rice, meat,

— Council Regulation (EEC) No 2763/75 of 29 October — Council Regulation (EEC) No 2204/90 of 24 July
1975 laying down general rules for granting private 1990 laying down additional general rules on the
storage aid for pigmeat (1), common organisation of the market in milk and milk
products as regards cheese,

— Council Regulation (EEC) No 2782/75 of 29 October

1975 on the production and marketing of eggs for — Council Regulation (EEC) No 2077/92 of 30 June
hatching and of farmyard poultry chicks, 1992 concerning inter-branch organisations and
agreements in the tobacco sector (6),

— Council Regulation (EEC) No 707/76 of 25 March

1976 on the recognition of producer groups of — Council Regulation (EEC) No 2137/92 of 23 July
silkworm rearers (2), 1992 concerning the Community scale for the
classification of carcasses of ovine animals and
determining the Community standard quality of fresh
or chilled sheep carcasses,
— Council Regulation (EEC) No 1055/77 of 17 May
1977 on the storage and movement of products
bought in by an intervention agency (3),
— Council Regulation (EC) No 2991/94 of 5 December
1994 laying down standards for spreadable fats,

— Council Regulation (EEC) No 2931/79 of 20 Decem-

ber 1979 on the granting of assistance for the — Council Regulation (EC) No 2597/97 of 18 December
exportation of agricultural products which may 1997 laying down additional rules on the common
benefit from a special import treatment in a third organisation of the market in milk and milk products
country (4), for drinking milk,

— Council Regulation (EEC) No 3220/84 of 13 Novem- — Council Regulation (EC) No 2250/1999 of 22 Octo-
ber 1984 determining the Community scale for ber 1999 concerning the tariff quota for butter of
grading pig carcasses, New Zealand origin (7),

(1) OJ L 282, 1.11.1975, p. 19. (5) OJ L 42, 16.2.1990, p. 6. Regulation as amended by Regulation (EC)
(2) OJ L 84, 31.3.1976, p. 1. No 163/94 (OJ L 24, 29.1.1994, p. 2).
(3) OJ L 128, 24.5.1977, p. 1. (6) OJ L 215, 30.7.1992, p. 80.
(4) OJ L 334, 28.12.1979, p. 8. (7) OJ L 275, 26.10.1999, p. 4.
16.11.2007 EN Official Journal of the European Union L 299/13

— Council Regulation (EC) No 1788/2003 of 29 Sep- (110) The following acts of the Council have become redundant
tember 2003 establishing a levy in the milk and milk and should be repealed:
products sector,

— Council Regulation (EEC) No 315/68 of 12 March

1968 fixing quality standards for flowering bulbs,
corms and tubers (1),
— Council Regulation (EC) No 1028/2006 of 19 June
2006 on marketing standards for eggs,

— Council Regulation (EEC) No 316/68 of 12 March

1968 fixing quality standards for fresh cut flowers
and fresh ornamental foliage (2),
— Council Regulation (EC) No 1183/2006 of 24 July
2006 concerning the Community scale for the
classification of carcasses of adult bovine animals. — Council Regulation (EEC) No 2517/69 of 9 December
1969 laying down certain measures for reorganising
Community fruit production (3),

(106) These Regulations should therefore be repealed. In the

interests of legal certainty and given the number of acts to
— Council Regulation (EEC) No 2728/75 of 29 October
be repealed by this Regulation and the number of acts
1975 on aids for the production of and trade in
adopted pursuant to or amended by those acts, it is
potato starch and potatoes for starch manufacture (4),
appropriate to clarify that repeal does not affect the validity
of any legal acts adopted on the basis of the repealed act or
of any amendments to other legal acts made thereby.
— 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
(107) This Regulation should, as a general rule, start to apply on year and introducing a Community grading scale for
1 January 2008. However, in order to ensure that the new carcasses of adult bovine animals (5),
provisions of this Regulation do not interfere with the
ongoing 2007/2008 marketing year, a later date of
application should be provided for in respect of those — Council Regulation (EEC) No 4088/87 of 21 Decem-
sectors for which marketing years are foreseen. This ber 1987 fixing conditions for the application of
Regulation should therefore only apply as of the start of preferential customs duties on imports of certain
the 2008/2009 marketing year for the sectors concerned. flowers originating in Cyprus, Israel and Jordan (6),
As a consequence, the respective regulations governing
those sectors should continue to apply until the end of the
corresponding marketing year 2007/2008.
— Council Decision 74/583/EEC of 20 November 1974
on the monitoring of sugar movements (7).

(108) Moreover, in respect of certain other sectors for which no

marketing years are foreseen, a later date of application
(111) The transition from the arrangements provided for in the
should also be provided for in order to ensure the smooth
provisions and Regulations repealed by this Regulation
transition from the existing CMOs to this Regulation. As a
could give rise to difficulties which are not dealt with in
consequence, the regulations governing the existing CMOs
this Regulation. In order to deal with such difficulties, the
for those sectors should continue to apply until the later
Commission should be enabled to adopt transitional
date of application provided for in this Regulation.
measures,

(109) As regards Regulation (EC) No 386/90, the competence for HAS ADOPTED THIS REGULATION:
the adoption of the substance dealt with by that Regulation
is being transferred to the Commission by this Regulation.
(1) OJ L 71, 21.3.1968, p. 1. Regulation as last amended by Regulation
Moreover, Regulations (EEC) No 3220/84, (EEC) No 1186/ (EEC) No 4112/88 (OJ L 361, 29.12.1988, p. 7).
90, (EEC) No 2137/92 and (EC) No 1183/2006 are being (2) OJ L 71, 21.3.1968, p. 8. Regulation as last amended by Regulation
repealed by this Regulation whilst only certain provisions (EEC) No 309/79 (OJ L 42, 17.2.1979, p. 21).
of those Regulations are being incorporated into this (3) OJ L 318, 18.12.1969, p. 15. Regulation as last amended by
Regulation. Further details contained in those Regulations Regulation (EEC) No 1153/78 (OJ L 144, 31.5.1978, p. 4).
will therefore have to be dealt with in implementing rules (4) OJ L 281, 1.11.1975, p. 17.
yet to be adopted by the Commission. Some more time (5) OJ L 140, 5.6.1980 p. 4.
should be allowed for the Commission to establish the (6) OJ L 382, 31.12.1987, p. 22. Regulation as last amended by
respective rules. The mentioned Regulations should there- Regulation (EC) No 1300/97 (OJ L 177 5.7.1997 p. 1).
fore continue to apply until 31 December 2008. (7) OJ L 317, 27.11.1974, p. 21.
L 299/14 EN Official Journal of the European Union 16.11.2007

TABLE OF CONTENTS

PART I INTRODUCTORY PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

PART II INTERNAL MARKET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

TITLE I MARKET INTERVENTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

CHAPTER I Public intervention and private storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Section I General provisions .................................................... 21

Section II Public inter vention ................................................... 22

Subsection I General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Subsection II Opening and suspension of buying-in ........................ 23

Subsection III Inter vention pr ice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Subsection IV Disposal from inter vention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Section III Private storage .......................................................... 25

Subsection I Mandatory aid ......................................................... 25

Subsection II Optional aid ........................................................... 26

Section IV Common provisions ................................................... 27

CHAPTER II Special intervention measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Section I Exceptional market suppor t measures ...................... 29

Section II Measures in the cereals and rice sectors .................. 30

Section III Measures in the sugar sector .................................... 30

Section IV Adjustment of supply ................................................ 31

CHAPTER III Systems of production limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Section I General provisions .................................................... 32

Section II Sugar .......................................................................... 32

Subsection I Quota allocation and management ............................. 32

Subsection II Quota over r un . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Section III Milk ............................................................................ 34

Subsection I General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Subsection II Quota allocation and management ............................. 35

Subsection III Quota over r un . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

16.11.2007 EN Official Journal of the European Union L 299/15

Section IV Procedural provisions ............................................... 39

CHAPTER IV Aid schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Section I Aid for processing ..................................................... 40

Subsection I Dried fodder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Subsection II Flax g rown for f ibre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Section II Production refund ..................................................... 42

Section III Aids in the milk and milk products sector .............. 42

Section IV Aids in the olive oil and table olives sector ............ 43

Section V C o m m u n i t y To b a c c o F u n d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Section VI Special provisions for the apiculture sector ............ 44

Section VII Aids in the silkwor m sector ..................................... 45

TITLE II RULES CONCERNING MARKETING AND PRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

CHAPTER I Marketing standards and conditions for the production . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Section I Marketing standards .................................................. 45

Section II Conditions for production ........................................ 46

Section III Procedural rules ........................................................ 47

CHAPTER II Producer organisations, interbranch organisations, operator organisations . . . . . 48

Section I General principles ..................................................... 48

Section II Rules concerning interbranch organisations in the

tobacco sector ........................................................... 49

Section III Procedural rules ........................................................ 49

PART III TRADE WITH THIRD COUNTRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

CHAPTER I General provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

CHAPTER II Imports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Section I Import licences .......................................................... 50

Section II Import duties and levies ........................................... 51

Section III Import quota management ......................................... 52

Section IV Special provisions for cer tain products ................... 53

Subsection I Special provisions for impor ts in respect of the

cereals and rice sectors ........................................... 53

Subsection II Preferential impor t arrangements for sugar . . . . . . . . . . . . . . . 54

L 299/16 EN Official Journal of the European Union 16.11.2007

Subsection III Special provisions for impor ts of hemp . . . . . . . . . . . . . . . . . . . . 55

Subsection IV Special provisions for impor ts of hops . . . . . . . . . . . . . . . . . . . . . 55

Section V Safeguard and inward processing .............................. 55

CHAPTER III Exports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

Section I Export licences .......................................................... 56

Section II Export refunds ........................................................... 56

Section III Export quota management in the milk and milk

products sector ......................................................... 59

Section IV Special imor t treatment by third countries ............. 59

Section V Special provisions for live plants ............................. 59

Section VI Outward processing ................................................... 60

PART IV COMPETITION RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

CHAPTER I Rules applying to undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

CHAPTER II State aid rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

PART V SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

PART VI GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

PART VII IMPLEMENTING, TRANSITIONAL AND FINAL RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

CHAPTER Implementing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64

CHAPTER II Transitional and final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Part I: Cereals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Part II: Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Part III: Sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Part IV: Dried fodder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Part V: Seeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70

Part VI: Hops . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Part VII: Olive oil and table olives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71

Part VIII: Flax and hemp grown for fibre . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Part IX: Fruit and vegetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Part X: Processed fruit and vegetable products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Part XI: Bananas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

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Part XII: Wine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage 76

Part XIV: Raw tobacco . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Part XV: Beef and teal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Part XVI: Milk and milk products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Part XVII: Pigmeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77

Part XVIII: Sheepmeat and goatmeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Part XIX: Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Part XX: Poultrymeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Part XXI: Other products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

ANNEX II LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Part I: Ethyl alcohol of agricultural origin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Part II: Apiculture products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Part III: Silkworms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

ANNEX III DEFINITIONS REFERRED TO IN ARTICLE 2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

Part I: Definitions concerning the rice sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88

Part II: Definitions concerning the sugar sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

Part III: Definitions concerning the hops sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Part IV: Definitions concerning the beef and veal sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90

Part V: Definitions concerning the milk and milk products sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

Part VI: Definitions concerning the eggs sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

Part VII: Definitions concerning the poultrymeat sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

Part VIII: Definitions concerning the apiculture sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

ANNEX IV STANDARD QUALITY OF RICE AND SUGAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

A. Standard quality for paddy rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

B. Standard qualities for sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

ANNEX V COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN

ARTICLE 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

A. Community scale for the classification of carcasses of adult bovine animals . . . . . . . . . . . . . . . . . . . . . . . . 95

B. Community scale for the classification of pig carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

C. Community scale for the classification of sheep carcasses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97

L 299/18 EN Official Journal of the European Union 16.11.2007

ANNEX VI NATIONAL AND REGIONAL QUOTAS REFERRED TO IN ARTICLES 56 AND 59 . . . . . 99

ANNEX VII SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN ARTICLE 58(2) . . . . 99

ANNEX VIII DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN

ACCORDANCE WITH ARTICLE 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100

ANNEX IX NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES REFERRED TO

IN ARTICLE 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102

ANNEX X REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

ANNEX XI .............................................................................................. 104

A. Apportionment of the maximum guaranteed quantity among the Member States referred to in
Article 94(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

B. Apportionment of the maximum guaranteed quantity among the Member States referred to in
Article 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104

ANNEX XII DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS
REFERRED TO IN ARTICLE 114(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

ANNEX XIII MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN ARTICLE 114
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107

ANNEX XIV MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POULTRYMEAT
SECTORS REFERRED TO IN ARTICLE 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

A. Marketing standards for eggs of hens of the Gallus gallus species . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109

B. Marketing standards for poultrymeat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

C. Standards for the production and marketing of eggs for hatching and of farmyard poultry chicks 111

ANNEX XV MARKETING STANDARDS APPLYING TO SPREADABLE FATS REFERRED TO IN

ARTICLE 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112

Appendix to Annex XV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114

ANNEX XVI DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS
REFERRED TO IN ARTICLE 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

ANNEX XVII IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND 139 . . . . . . . . . . . . . . . 116

ANNEX XVIII VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138 . . . . . . . . . . . . . . . . . . . . . . . . 117

ANNEX XIX STATES REFERRED TO IN ARTICLES 153(3) AND 154(1)(b) AND IN POINT 12 OF
PART II OF ANNEX III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118

ANNEX XX LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGG SECTORS FOR THE
PURPOSE OF ARTICLE 26(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS
REFERRED TO IN SECTION II OF CHAPTER III OF PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

Part I: Cereals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119

Part II: Rice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122

Part III: Sugar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

16.11.2007 EN Official Journal of the European Union L 299/19

Part IV: Milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125

Part V: Eggs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127

ANNEX XXI LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE
GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF
PART III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128

ANNEX XXII CORRELATION TABLES REFERRED TO IN ARTICLE 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

L 299/20 EN Official Journal of the European Union 16.11.2007

PART I
INTRODUCTORY PROVISIONS

Article 1 3. This Regulation establishes specific measures for the

following sectors as listed and, as the case may be, as further
Scope defined in Annex II:

1. This Regulation establishes a common organisation of the (a) ethyl alcohol of agricultural origin, Part I of Annex II
markets for the products of the following sectors, as provided (hereinafter referred to as the agricultural ethyl alcohol
further in Annex I: sector);

(a) cereals, Part I of Annex I; (b) apiculture products, Part II of Annex II (hereinafter referred
to as the apiculture sector);
(b) rice, Part II of Annex I;
(c) silkworms, Part III of Annex II.
(c) sugar, Part III of Annex I;

Article 2
(d) dried fodder, Part IV of Annex I;
Definitions
(e) seeds, Part V of Annex I;
1. For the purposes of application of this Regulation, the
(f) hops, Part VI of Annex I; definitions concerning certain sectors as set out in Annex III shall
apply.
(g) olive oil and table olives, Part VII of Annex I;
2. For the purposes of this Regulation:
(h) flax and hemp, Part VIII of Annex I;
(a) ‘farmer’ shall mean a farmer as defined in Regulation (EC)
(i) fruit and vegetables, Part IX of Annex I; No 1782/2003;

(j) processed fruit and vegetables, Part X of Annex I; (b) ‘paying agency’ shall mean the body or the bodies assigned
by a Member State in accordance with Regulation (EC)
No 1290/2005;
(k) bananas, Part XI of Annex I;
(c) ‘intervention price’ shall mean the price at which products
(l) wine, Part XII of Annex I; shall be bought into public intervention.

(m) live plants and products of floriculture, Part XIII of Annex I

(hereinafter referred to as the live plants sector); Article 3

(n) raw tobacco, Part XIV of Annex I; Marketing years

(o) beef and veal, Part XV of Annex I; The following marketing years shall be established:

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

(p) milk and milk products, Part XVI of Annex I;
sector;

(q) pigmeat, Part XVII of Annex I; (b) 1 April to 31 March of the following year for:

(r) sheepmeat and goatmeat, Part XVIII of Annex I; (i) the dried fodder sector;

(s) eggs, Part XIX of Annex I; (ii) the silkworm sector;

(t) poultrymeat, Part XX of Annex I; (c) 1 July to 30 June of the following year for:

(u) other products, Part XXI of Annex I. (i) the cereals sector;

2. In respect of the fruit and vegetables, the processed fruit and (ii) the seeds sector;
vegetables, and the wine sectors, only Article 195 of this
Regulation shall apply. (iii) the olive oil and table olives sector;
16.11.2007 EN Official Journal of the European Union L 299/21

(iv) the flax and hemp sector; Article 5

(v) the milk and milk products sector;

Implementing rules
(d) 1 September to 31 August of the following year for the rice
sector; The Commission may adopt the detailed rules for the application
of Article 2.
(e) 1 October to 30 September of the following year for the
sugar sector.
The Commission may amend the definitions concerning rice set
out in Part I of Annex III and the definition of ‘ACP/Indian sugar’
Article 4
set out in point 12 of Part II of that Annex.
Commission powers

Save as otherwise provided for by this Regulation, where powers The Commission may also fix the conversion rates for rice at
are conferred upon the Commission, it shall act in accordance various stages of processing, the processing costs and the value
with the procedure referred to in Article 195(2). of by-products.

PART II
INTERNAL MARKET

TITLE I

MARKET INTERVENTION

CHAPTER I

Public intervention and private storage

Section I (c) ‘skimmed milk’ shall mean skimmed milk obtained directly
and exclusively from cow's milk produced in the Commu-
General provisions nity;

Article 6 (d) ‘cream’ shall mean cream obtained directly and exclusively
from milk.
Scope

1. This Chapter lays down the rules concerning, where Article 7

applicable, buying-in under public intervention and the granting
of aids for private storage with regard to the following sectors: Community origin

(a) cereals; Without prejudice to Article 6(2) only products originating in

the Community shall be eligible for buying-in under public
(b) rice; intervention or for the granting of aid for the private storage
thereof.
(c) sugar;

(d) olive oil and table olives; Article 8

(e) beef and veal; Reference prices

(f) milk and milk products; 1. For products subject to the intervention measures referred to
in Article 6(1) the following reference prices shall be fixed:
(g) pigmeat;
(a) as regards the cereals-sector:
(h) sheepmeat and goatmeat.

2. For the purposes of this Chapter: EUR 101,31/tonne, increased monthly as follows:

(a) ‘cereals’ shall mean cereals harvested in the Community; — November: by EUR 0,46/tonne,

(b) ‘milk’ shall mean cow's milk produced in the Community; — December: by EUR 0,92/tonne,
L 299/22 EN Official Journal of the European Union 16.11.2007

— January: by EUR 1,38/tonne, 2. The reference prices for cereals and rice set out in points (a)
and (b) of paragraph 1 respectively, shall relate to the wholesale
— February: by EUR 1,84/tonne, stage for goods delivered to the warehouse, before unloading.
Those reference prices shall be valid for all Community
— March: by EUR 2,30/tonne, intervention centres designated in accordance with Article 41.

— April: by EUR 2,76/tonne, 3. The Council, acting in accordance with the procedure laid
down in Article 37(2) of the Treaty, may change the reference
— May: by EUR 3,22/tonne, prices fixed in paragraph 1 of this Article in the light of
developments in production and the markets.
— June: by EUR 3,22/tonne.

The reference price valid for maize and grain sorghum in Article 9
June shall remain valid in July, August and September of the
same year; Price reporting in the sugar market

(b) as regards paddy rice, EUR 150/tonne for standard quality The Commission shall set up an information system on prices in
as defined in point A of Annex IV; the sugar market, including a system for the publication of price
levels for the sugar market.
(c) as regards sugar:
The system shall be based on information submitted by
(i) for white sugar: undertakings producing white sugar or by other operators
involved in the sugar trade. This information shall be treated with
— EUR 541,5/tonne for the marketing year 2008/ confidentiality.
2009,
The Commission shall ensure that the information published
— EUR 404,4/tonne as from the marketing year does not permit the identification of prices of individual
2009/2010; undertakings or operators.

(ii) for raw sugar:

Section II
— EUR 448,8/tonne for the marketing year 2008/
2009, Public inter vention

— EUR 335,2/tonne as from the marketing year

2009/2010. Subsection I

General provisions
The reference prices laid down in points (i) and (ii) shall
apply to unpacked sugar, ex factory of standard quality as
defined in point B of Annex IV;
Article 10
(d) as regards the beef and veal sector, EUR 2 224/tonne for Products eligible for public intervention
carcasses of male bovine animals of grade R3 as laid down
in the Community scale for the classification of carcasses of
1. Public intervention shall be applicable in respect of the
adult bovine animals provided for in Article 42(1)(a);
following products subject to the conditions laid down in this
Section and further requirements and conditions to be
(e) as regards the milk and milk products sector: determined by the Commission in accordance with Article 43:

(i) EUR 246,39 per 100 kg for butter; (a) common wheat, durum wheat, barley, maize and sorghum;

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

(b) paddy rice;

(f) as regards the pigmeat sector, EUR 1 509,39/tonne for pig

carcasses of standard quality defined in terms of weight and (c) white or raw sugar provided that the sugar concerned has
lean meat content in accordance with the Community scale been produced under quota and manufactured from beet or
for the classification of pig carcasses, provided for in cane harvested in the Community;
Article 42(1)(b) as follows:
(d) fresh or chilled meat of the beef and veal sector falling
(i) carcasses weighing from 60 to less than 120 kg: grade within CN codes 0201 10 00 and 0201 20 20 to
E as laid down in point B II of Annex V; 0201 20 50;

(ii) carcasses weighing from 120 to 180 kg: grade R as (e) butter produced directly and exclusively from pasteurised
laid down in point B II of Annex V. cream in an approved undertaking of the Community of a
16.11.2007 EN Official Journal of the European Union L 299/23

minimum butterfat content, by weight, of 82 % and a 2. Sugar stored in accordance with paragraph 1 during a
maximum water content, by weight, of 16 %; marketing year may not be subject to any other storage measures
provided for in Articles 32, 52 or 63.
(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, Article 14
with a minimum protein-content of 35,6 % by weight of
the non-fatty dry extract. Beef and veal

2. Public intervention may be applied in the pigmeat sector, 1. The Commission, without the assistance of the Committee
subject to the conditions laid down in this Section and further referred to in Article 195(1), shall open public intervention for
requirements and conditions to be determined by the Commis- beef and veal if, for a period of two consecutive weeks, the
sion in accordance with Article 43, in respect of carcasses or average market price in a Member State or in a region of a
half-carcasses, fresh or chilled, falling within CN code Member State recorded on the basis of the Community scale for
0203 11 10, bellies (streaky), fresh or chilled, falling within CN the classification of carcasses provided for in Article 42(1) falls
code ex 0203 19 15, and unrendered pig fat, fresh or chilled, short of EUR 1 560/tonne.
falling within CN code ex 0209 00 11.

2. The Commission, without the assistance of the Committee

Subsection II referred to in Article 195(1), shall close the public intervention if,
for a period of at least one week, the condition provided for in
Opening and suspension of buying-in paragraph 1 is no longer met.

Article 11
Article 15
Cereals
Butter
1. For cereals, public intervention shall be open:
1. The Commission, without the assistance of the Committee
(a) from 1 August to 30 April in the case of Greece, Spain, Italy referred to in Article 195(1), shall open public intervention for
and Portugal; butter in the Member State or Member States concerned during
the period 1 March to 31 August if, over a representative period,
(b) from 1 December to 30 June in the case of Sweden; market prices for butter in one or more Member States, are less
than 92 % of the reference price.
(c) from 1 November to 31 May in the case of the other
Member States.
2. Once the market prices of butter in the Member State or
However, buying into public intervention of maize shall only be Member States concerned, over a representative period, are 92 %
carried out within the following limits: or more of the reference price, the Commission, without the
assistance of the Committee referred to in Article 195(1), shall
(a) 700 000 tonnes for the marketing year 2008/2009; suspend buying-in by public intervention.

(b) 0 tonnes as from the marketing year 2009/2010. Moreover, where the quantities offered for intervention during
the period laid down in paragraph 1 exceed 30 000 tonnes, the
2. In the event of the intervention period in Sweden leading to Commission may suspend buying-in by public intervention. In
the diversion of such cereals from other Member States into that case, buying-in may be carried out on the basis of a
intervention in Sweden, the Commission shall adopt measures to tendering procedure according to specifications to be determined
rectify the position. by the Commission.

Article 12 3. The Commission shall lay down the detailed rules for the
establishment of the market prices for butter.
Rice

For paddy rice, public intervention shall be open during the

period 1 April to 31 July. However, buying into public Article 16
intervention shall only be carried out within the limit of
75 000 tonnes per period. Skimmed milk powder

For skimmed milk powder public intervention shall be open

Article 13 during the period 1 March to 31 August.
Sugar
However, the Commission may suspend public intervention as
1. For sugar, public intervention shall be open throughout the soon as the quantities offered for intervention in that period
marketing years 2008/2009 and 2009/2010. However, public exceed 109 000 tonnes. In that case buying-in may be carried
intervention shall only be carried out within the limits of out on the basis of a tendering procedure according to
600 000 tonnes, expressed in white sugar, per marketing year. specifications to be determined by the Commission.
L 299/24 EN Official Journal of the European Union 16.11.2007

Article 17 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
Pigmeat increased by an amount to be determined by the Commission on
the basis of objective criteria may be accepted.
The Commission may decide to open public intervention in the
pigmeat sector when the average Community market price for
pig carcasses as established by reference to the prices recorded in Article 22
each Member State on the representative markets of the
Community and weighted by means of coefficients reflecting Butter
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. 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 15(2), the intervention price for
Subsection III butter shall be 90 % of the reference price.

Inter vention Pr ice

Article 23

Article 18 Skimmed milk powder

Cereals Without prejudice to the fixing of the intervention price by

means of a tendering procedure in the case referred to in the
The intervention price for cereals shall be equal to the reference second paragraph of Article 16, the intervention price for
price without prejudice to price increases or reductions for skimmed milk powder shall be equal to the reference price.
quality reasons.
However, if the actual protein content is less than the minimum
protein content of 35,6 % by weight fixed in point (f) of
Article 19 Article 10 but not less than 31,4 % by weight of the non-fatty
dry extract, the intervention price shall be equal to the reference
Rice price less 1,75 % for each percentage point by which the protein
content is lower than 35,6 % by weight.
The intervention price for rice shall be equal to the reference
price.
Article 24
However, if the quality of the products offered to the paying
agency differs from the standard quality, defined in point A of Pigmeat
Annex IV, the intervention price shall be increased or reduced
accordingly. 1. The intervention price in the pigmeat sector shall be fixed by
the Commission for pig carcasses of standard quality. The
Moreover, increases and reductions of the intervention price may intervention price may not be more than 92 % or less than 78 %
be fixed by the Commission in order to ensure that production is of the reference price.
orientated towards certain varieties.
2. For products of standard quality other than pig carcasses, the
intervention price shall be derived from the intervention price
Article 20 for pig carcasses on the basis of the ratio existing between the
commercial value of these products to the commercial value of
Sugar pig carcasses.

The intervention price for sugar shall be 80 % of the reference 3. For products other than those of standard quality, the
price fixed for the marketing year following the marketing year intervention price shall be derived from those in force for the
during which the offer is lodged. relevant standard qualities, by reference to differences in quality
in relation to the standard quality. This price shall apply to
However, if the quality of the sugar offered to the paying agency defined qualities.
differs from the standard quality defined in point B of Annex IV
for which the reference price is fixed, the intervention price shall
be increased or reduced accordingly. Subsection IV

Disposal from inter vention

Article 21

Beef and veal Article 25

1. The intervention prices for beef and veal and the quantities General principles
accepted for intervention shall be determined by the Commis-
sion by means of tendering procedures. In special circumstances, Disposal of products bought into public intervention shall take
they may be fixed per Member State or per region of a Member place in such a way as to avoid any disturbance of the market, to
State on the basis of recorded average market prices. ensure equal access to the goods and equal treatment of
16.11.2007 EN Official Journal of the European Union L 299/25

purchasers and in compliance with the commitments resulting costs provided for in the Community budget for that
from agreements concluded in accordance with Article 300 of purpose, or
the Treaty.
(b) implementation of the plan would involve the transfer
between Member States of small quantities of products in
Article 26 intervention in a Member State other than that or those in
which the product is required.
Sugar disposal

As regards sugar bought-in under public intervention, paying 3. Member States concerned shall designate the organisations
agencies may sell it only at a price which is higher than the referred to in paragraph 1 and shall notify the Commission in
reference price fixed for the marketing year in which the sale due time each year if they wish to apply this scheme.
takes place.
4. The products referred to in paragraphs 1 and 2 shall be
However, the Commission may decide that paying agencies: 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
(a) may sell the sugar at a price equal to or lower than the quality differences.
reference price referred to in the first paragraph if the sugar
is intended:
5. Without prejudice to Article 190, the products made
available under paragraphs 1 and 2 of this Article shall be
(i) for use as animal feed, or
financed by appropriations in the relevant budgetary heading
within the EAGF of the budget of the European Communities.
(ii) for export, either without further processing or after Provision may also be made for this financing to contribute
processing into products listed in Annex I to the towards the costs of transport of products from intervention
Treaty or into goods listed in Part III of Annex XX to centres and for administrative costs for the designated organisa-
this Regulation. tions 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
(b) are to make unprocessed sugar held by them available, for
paragraphs 1 and 2.
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 Section III
organisation — at a price which is lower than the current
reference price or free of charge for distribution as part of Private storage
individual emergency aid operations.

Subsection I
Article 27
Mandatory aid
Distribution to the most deprived persons in the
Community
Article 28
1. Products which are in intervention stocks shall be made
available to certain designated organisations to enable food to be Eligible products
distributed to the most deprived persons in the Community in
accordance with an annual plan. Aid for private storage shall be granted for the following
products subject to the conditions set out in this Section and to
The distribution shall be: further requirements and conditions to be adopted by the
Commission in accordance with Article 43:
(a) free of charge, or
(a) in respect of:
(b) at a price which is in no case greater than that justified by
(i) cream,
the costs incurred by the designated organisations in
implementing the action.
(ii) unsalted butter produced from cream or milk in an
approved undertaking of the Community of a
2. A product may be mobilised on the Community market minimum butterfat content, by weight, of 82 % and
where: a maximum water content, by weight, of 16 %,

(a) it is temporarily unavailable in Community intervention (iii) salted butter produced from cream or milk in an
stocks during implementation of the annual plan referred approved undertaking of the Community of a
to in paragraph 1, to the extent necessary to allow minimum butterfat content, by weight, of 80 %, a
implementation of the plan in one or more Member States, maximum water content, by weight, of 16 % and a
and provided that the costs remain within the limits of the maximum salt content, by weight, of 2 %;
L 299/26 EN Official Journal of the European Union 16.11.2007

(b) in respect of cheese: (e) longkeeping cheeses and cheeses which are manufactured
from sheep and/or goat's milk and require at least six
(i) Grana Padano cheese at least nine months old, months maturing;

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

(iii) Provolone cheese at least three months old.
(g) sheepmeat and goatmeat.

Article 29 The Commission may amend the list of products laid down in
point (c) of the first subparagraph if the market situation so
Conditions and aid-level for cream and butter
requires
The Commission shall determine which national quality grades
for butter qualify for aid. The butter shall be marked accordingly. 2. The Commission shall fix the aid for private storage
provided for in paragraph 1 in advance or by means of
The amount of aid for cream and butter shall be fixed by the tendering procedures.
Commission in the light of storage costs and the likely trend in
prices for fresh butter and butter from stocks.
In respect of the products laid down in points (d) and (e) of
paragraph 1, the aid shall be fixed in the light of storage costs
Where, at the time of removal from storage, an adverse change and, respectively:
unforeseeable at the time of entry into storage has occurred on
the market, the aid may be increased.
(i) the likely trend in prices for skimmed milk powder;

Article 30 (ii) the balance to be maintained between cheeses for which aid
is granted and other cheeses coming on the market.
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 Article 32
fixed taking account of storage costs and the likely trend of the
market price. Conditions of granting for white sugar

The paying agency designated by the Member State in which the 1. If the average Community price recorded for white sugar is
cheeses concerned are produced and in which those cheeses below the reference price, during a representative period, and is
qualify to bear the designation of origin shall implement the likely to remain at that level, taking into account the market
measures taken by the Commission pursuant to the first situation, the Commission may decide to grant aid for private
paragraph. storage of white sugar to undertakings which are allocated a
sugar quota.

Subsection II
2. Sugar stored in accordance with paragraph 1 during a
Optional Aid marketing year may not be subject to any other storage measures
provided for in Articles 13, 52 or 63.

Article 31

Eligible products Article 33

1. Aid for private storage may be granted in respect of the Conditions of granting for olive oil
following products subject to the conditions set out in this
Section and to further requirements and conditions to be The Commission may decide to authorise bodies, offering
adopted by the Commission in accordance with Article 43: sufficient guarantees and approved by the Member States, to
conclude contracts for the storage of olive oil that they market in
(a) white sugar; the event of a serious disturbance on the market in certain
regions of the Community, inter alia, when the average price
(b) olive oil; recorded on the market during a representative period is less
than:
(c) fresh or chilled meat of adult bovine animals presented in
the form of carcasses, half-carcasses, compensated quarters, (a) EUR 1 779/tonne for extra virgin olive oil, or
forequarters or hindquarters, classified in accordance with
the Community scale for the classification of carcasses of
adult bovine animals provided for in Article 42(1); (b) EUR 1 710/tonne for virgin olive oil, or

(d) skimmed milk powder of top quality, obtained in an (c) EUR 1 524/tonne for lampante olive oil having 2 degrees of
approved undertaking of the Community directly and free acidity, this amount being reduced by EUR 36,70/
exclusively from skimmed milk; tonne for each additional degree of acidity.
16.11.2007 EN Official Journal of the European Union L 299/27

Article 34 (c) any Member State other than the United Kingdom, taken
separately.
Conditions of granting for products of the beef and veal
sector
Section IV
When the average Community market price recorded on the
basis of the Community scale for the classification of carcasses of
adult bovine animals provided for in Article 42(1) is, and is likely Common provisions
to remain, at less than 103 % of the reference price, the
Commission may decide to grant aid for private storage.
Article 39

Article 35
Rules concerning storage
Conditions of granting for skimmed milk powder
1. Paying agencies may not store, outside the territory of the
Member State within whose jurisdiction they fall, products they
The Commission may decide to grant aid for private storage for
have bought in unless they have obtained prior authorisation
skimmed milk powder in particular if trends in prices and stocks
from the Commission.
of the products indicate a serious imbalance in the market which
could be avoided or reduced by means of seasonal storage.
The territories of Belgium and Luxembourg shall be considered
as a single Member State for the purposes of this Article.
Article 36

Conditions of granting for cheese 2. Authorisation shall be granted if storage is essential and
taking into account the following factors:
1. If price developments and the stock situation for the cheese
products referred to in point (e) of Article 31(1) indicate a (a) storage possibilities and storage requirements in the
serious imbalance of the market which may be eliminated or Member State within whose jurisdiction the paying agency
reduced by seasonal storage, the Commission may decide to falls and in other Member States;
grant aid for private storage.
(b) any additional costs resulting from storage in the Member
2. If at the time the storage contract expires, the level of market State within whose jurisdiction the paying agency falls and
prices for cheeses in store is higher than that prevailing when the from transportation.
contract was signed the Commission may decide to adjust the
amount of aid accordingly.
3. Authorisation for storage in a third country shall be granted
only if, on the basis of the criteria set out in paragraph 2, storage
in another Member State would create significant difficulties.
Article 37

Conditions of granting for pigmeat 4. The information referred to in point (a) of paragraph 2 shall
be drawn up after consulting all the Member States.
When the average Community market price for pig carcasses as
established by reference to the prices recorded in each Member
State on the representative markets of the Community and 5. Any customs duties and any other amounts to be granted or
weighted by means of coefficients reflecting the relative size of levied under the common agricultural policy shall not apply to
the pig herd in each Member State is, and is likely to remain, at products:
less than 103 % of the reference price, the Commission may
decide to grant aid for private storage. (a) transported following an authorisation granted under
paragraphs 1, 2 and 3, or

Article 38 (b) transferred from one paying agency to another.

Conditions of granting for sheepmeat and goatmeat

6. Any paying agency acting in accordance with paragraphs 1,
The Commission may decide to grant aid for private storage 2 and 3 shall remain responsible for products stored outside the
when there is a particularly difficult market situation for territory of the Member State within whose jurisdiction it falls.
sheepmeat and goatmeat in one or more of the following
quotation areas:
7. If products held by a paying agency outside the territory of
the Member State within whose jurisdiction it falls are not
(a) Great Britain; 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
(b) Northern Ireland; down for the place of storage.
L 299/28 EN Official Journal of the European Union 16.11.2007

Article 40 Article 43

Rules for tendering procedures Implementing rules

Tender procedures shall ensure equality of access of all persons Without prejudice to any specific powers conferred upon the
concerned. Commission by the provisions of this Chapter, the Commission
shall adopt the detailed rules for its implementation, which may
In the selection of tenders preference shall be given to those relate in particular to:
which are most favourable to the Community. In any case, the
award of a contract shall not necessarily ensue. (a) the requirements and conditions to be met by, and, in the
case of pigmeat, the list of products to be bought-into
public intervention as referred to in Article 10 or for which
Article 41 aid for private storage is granted as referred to in Articles 28
and 31, in particular with respect to quality, quality groups,
Intervention centres quality grades, categories, quantities, packaging including
labelling, maximum ages, preservation, the stage of the
1. The Commission shall designate the intervention centres in products to which the intervention price relates, the
the cereals and rice sectors and determine the conditions duration of private storage;
applying thereto.
(b) amendments to Part B of Annex IV;
In respect of products of the cereals sector, the Commission may
designate intervention centres for each cereal. (c) where applicable, the scale of applicable price increases and
reductions;
2. When drawing up the list of intervention centres the
Commission shall in particular take account of the following (d) the procedures and conditions for taking over into public
factors: intervention by paying agencies and the granting of aid for
private storage, in particular:
(a) situation of the centres in surplus areas in respect of the
products concerned; (i) with regard to the conclusion and the content of
contracts;
(b) availability of sufficient premises and technical equipment;
(ii) the duration of the period of private storage and the
(c) favourable situation as regards means of transport. conditions according to which such periods, once
specified in the contracts, may be curtailed or
extended;
Article 42
(iii) the conditions according to which it may be decided
Carcass classification
that products covered by private storage contracts
may be remarketed or disposed of;
1. Community scales for the classification of carcasses shall
apply in accordance with the rules laid down in Annex V in the
following sectors: (iv) the Member State where a request for private storage
may be submitted;
(a) beef and veal as regards carcasses of adult bovine animals;
(e) the adoption of the list of representative markets referred to
(b) pigmeat as regards carcasses of pigs other than those which in Articles 17 and 37;
have been used for breeding.
(f) the rules as regards the conditions for disposal of products
In the sheepmeat and goatmeat sector Member States may apply bought-in under public intervention, in particular as
a Community scale for the classification of carcasses as regards regards selling prices, the conditions for release from
sheep carcasses in accordance with the rules laid down in point C storage, where appropriate, the subsequent use or destina-
of Annex V. tion of products thus released, checks to be carried out and,
as the case may be, a system of securities to be applied;
2. On-the-spot inspections in relation to the classification of
carcasses of adult bovine animals and sheep shall be carried out (g) the setting-up of the annual plan referred to in Arti-
on behalf of the Community by a Community inspection cle 27(1);
committee composed of experts from the Commission and
experts appointed by the Member States. This Committee shall (h) the condition of mobilisation on the Community market
report back to the Commission and the Member States on the referred to in Article 27(2);
inspections carried out.
(i) the rules concerning the authorisations referred to in
The Community shall bear the costs resulting from the Article 39 including, as far as strictly necessary, derogations
inspections carried out. from the rules on trade;
16.11.2007 EN Official Journal of the European Union L 299/29

(j) the rules relating to the procedures to be followed in the (iii) in respect of the measures to be taken by slaughter-
case of the making use of tendering procedures; houses as provided for in point III of point A of
Annex V:
(k) the rules concerning the designation of intervention centres — any derogations referred to in Article 5 of
referred to in Article 41; Directive 88/409/EEC for slaughterhouses
wishing to restrict their production to the local
market,
(l) the conditions to be met by the stores where products may
be stored; — any derogations which may be granted to
Member States which so request for slaughter-
(m) the Community scales for the classification of carcasses houses in which few bovine animals are
provided for in Article 42(1), in particular as regards: slaughtered;

(iv) authorising the Member States not to apply the

(i) definitions; grading scale for the classification of pig carcasses and
to use assessment criteria in addition to weight and
estimated lean-meat content;
(ii) carcass presentations for the purpose of price
reporting in respect of the classification of carcasses (v) rules concerning the reporting of prices of certain
of adult bovine animals; products by the Member States.

CHAPTER II

Special intervention measures

Section I Article 45

Exceptional market support measures Loss in consumer confidence

With regard to the poultrymeat and eggs sectors, the Commis-

Article 44
sion may adopt exceptional market support measures in order to
take account of serious market disturbances directly attributed to
Animal diseases
a loss in consumer confidence due to public health, or animal
1. The Commission may adopt exceptional support measures health risks.
for the affected market in order to take account of restrictions on
intra-Community and third-country trade which may result from Those measures shall be taken at the request of the Member State
the application of measures for combating the spread of diseases (s) concerned.
in animals.

The measures provided for in the first subparagraph shall apply

to the following sectors: Article 46

(a) beef and veal; Financing

(b) milk and milk products; 1. For exceptional measures referred to in Articles 44 and 45,
the Community shall provide part-financing equivalent to 50 %
(c) pigmeat; of the expenditure borne by Member States.

(d) sheepmeat and goatmeat; However, with regard to the beef and veal, milk and milk
products, pigmeat and sheepmeat and goatmeat sectors, the
(e) eggs; Community shall provide part-financing equivalent to 60 % of
such expenditure when combating foot-and-mouth disease.
(f) poultrymeat.

2. The measures provided for in the first subparagraph of 2. Member States shall ensure that, where producers contribute
paragraph 1 shall be taken at the request of the Member State(s) to the expenditure borne by Member States, this does not result
concerned. in distortion of competition between producers in different
Member States.
They may be taken only if the Member State(s) concerned has
(have) taken health and veterinary measures quickly to stamp out 3. Articles 87, 88 and 89 of the Treaty shall not apply to
the disease, and only to the extent and for the duration strictly Member States' financial contributions towards the exceptional
necessary to support the market concerned. measures referred to in Articles 44 and 45.
L 299/30 EN Official Journal of the European Union 16.11.2007

Section II Increases and reductions referred to in the first subparagraph

shall be applied in accordance with implementing rules to be laid
Measures in the cereals and rice sectors down by the Commission.

4. For the quantities of sugar beet corresponding to the

Article 47 quantities of industrial sugar or surplus sugar that are subject to
the surplus levy provided for in Article 64, the sugar undertaking
Special market measures in the cereals sector concerned shall adjust the purchase price so that it is at least
equal to the minimum price for quota beet.
1. Where the market situation so dictates, the Commission
may take special intervention measures in respect of the cereals
sector. Such intervention measures may in particular be taken if,
in one or more regions of the Community, market prices fall, or Article 50
threaten to fall, in relation to the intervention price.
Interprofessional agreements
2. The nature and application of the special intervention
measures and the conditions and procedures for the sale or for 1. Agreements within the trade and delivery contracts shall
any other means of disposal of the products subject to those conform to paragraph 3 and to purchase terms to be determined
measures shall be adopted by the Commission. by the Commission, in particular as regards the conditions
governing the purchase, delivery, taking over and payment of
beet.

Article 48
2. The terms for buying sugar beet and sugar cane shall be
Special market measures in the rice sector governed by agreements within the trade concluded between
Community growers of these raw materials and Community
1. The Commission may take special measures to: sugar undertakings.

(a) prevent large-scale application of public intervention, as 3. In delivery contracts, a distinction shall be made according
provided for in Section II of Chapter I of this Part, in the to whether the quantities of sugar to be manufactured from sugar
rice sector in certain regions of the Community; beet will be:

(b) make up for paddy rice shortages following natural (a) quota sugar;
disasters.
(b) out-of-quota sugar.
2. The Commission shall adopt the detailed rules for the
implementation of this Article.
4. Each sugar undertaking shall provide the Member State in
which it produces sugar with the following information:
Section III
(a) the quantities of beet referred to in point (a) of paragraph 3,
Measures in the sugar sector for which they have concluded pre-sowing delivery
contracts and the sugar content on which those contracts
are based;
Article 49
(b) the corresponding estimated yield.
Minimum beet price
Member States may require additional information.
1. The minimum price for quota beet shall be:

(a) EUR 27,83 per tonne for the marketing year 2008/2009; 5. Sugar undertakings which have not signed pre-sowing
delivery contracts at the minimum price for quota beet for a
(b) EUR 26,29 per tonne as from the marketing year 2009/ quantity of beet equivalent to their quota sugar shall be required
2010. to pay at least the minimum price for quota beet for all the sugar
beet they process into sugar.

2. The minimum price referred to in paragraph 1 shall apply to

sugar beet of the standard quality defined in Part B of Annex IV. 6. Subject to the approval of the Member State concerned,
agreements within the trade may derogate from paragraphs 3
and 4.
3. Sugar undertakings buying quota beet suitable for proces-
sing into sugar and intended for processing into quota sugar shall
be required to pay at least the minimum price, adjusted by price 7. If no agreements within the trade exist, the Member State
increases or reductions to allow for deviations from the standard concerned shall take the necessary steps compatible with this
quality. Regulation to protect the interests of the parties concerned.
16.11.2007 EN Official Journal of the European Union L 299/31

Article 51 following marketing year. However, taking into account the

expected sugar market trends, the Commission may decide to
Production charge consider, for the current and/or the following marketing year, all
or part of the withdrawn sugar, isoglucose or inulin syrup as:
1. A production charge shall be levied on the sugar quota, the
isoglucose quota and the inulin syrup quota held by under-
(a) surplus sugar, surplus isoglucose or surplus inulin syrup
takings producing sugar, isoglucose or inulin syrup as referred to
available to become industrial sugar, industrial isoglucose
in Article 56(2).
or industrial inulin syrup, or

2. The production charge shall be set at EUR 12,00 per tonne (b) temporary quota production of which a part may be
of the quota sugar and quota inulin syrup. For isoglucose, the reserved for export respecting commitments of the
production charge shall be set at 50 % of the charge applicable to Community resulting from agreements concluded in
sugar. accordance with Article 300 of the Treaty.

3. The totality of the production charge paid in accordance 4. If sugar supply in the Community is inadequate, the
with paragraph 1 shall be charged by the Member State to the Commission may decide that a certain quantity of withdrawn
undertakings on its territory according to the quota held during sugar, isoglucose and inulin syrup may be sold on the
the marketing year concerned. Community market before the end of the period of withdrawal.

Payments shall be made by the undertakings by the end of 5. Sugar stored in accordance with this Article during a
February of the relevant marketing year at the latest. marketing year may not be subject to any other storage measures
provided for in Articles 13, 32 or 63.

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 53

Implementing rules

Article 52 The Commission may adopt the detailed rules for the
implementation of this Section and, in particular:
Withdrawal of sugar

1. In order to preserve the structural balance of the market at a (a) the criteria to be applied by the sugar undertakings when
price level which is close to the reference price, taking into allocating among beet sellers the quantities of beet to be
account the commitments of the Community resulting from covered by pre-sowing delivery contracts as referred to in
agreements concluded in accordance with Article 300 of the Article 50(4);
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 (b) the percentage of withdrawn quota sugar referred to in
marketing year. Article 52(1);

(c) the conditions for the payment of the minimum price

In that case, the traditional supply need for refining imported
where the withdrawn sugar is being sold on the
raw sugar provided for in Article 153 shall be reduced by the
Community market under Article 52(4).
same percentage for the marketing year concerned.

2. The withdrawal percentage referred to in paragraph 1 shall Section IV

be determined by 31 October of the marketing year concerned at
the latest on the basis of expected market trends during that Adjustment of supply
marketing year.

3. Each undertaking provided with a quota shall store at its Article 54

own expense during the period of withdrawal the quantities of
sugar corresponding to the application of the percentage referred Measures to facilitate the adjustment of supply to market
to in paragraph 1 to its production under quota for the requirements
marketing year concerned.
In order to encourage action by trade organisations and joint
trade organisations to facilitate the adjustment of supply to
The sugar quantities withdrawn during a marketing year shall be market requirements, with the exception of action relating to
treated as the first quantities produced under quota for the withdrawal from the market, the Commission may take the
L 299/32 EN Official Journal of the European Union 16.11.2007

following measures in respect of the live plants, beef and veal, (c) measures to facilitate the recording of market price trends;
pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors:

(a) measures to improve quality;

(d) measures to permit the establishment of short and long-
(b) measures to promote better organisation of production, term forecasts on the basis of the means of production
processing and marketing; used.

CHAPTER III

Systems of production limitation

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

Article 55 3. In case of allocation of a quota to a sugar undertaking

having more than one production unit, the Member States shall
Quota systems adopt the measures they consider necessary in order to take due
account of the interests of sugar beet and cane growers.
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 65; Article 57

(b) sugar, isoglucose and inulin syrup. Approved undertakings

2. If a producer exceeds the relevant quota and, with regard to 1. On request, Member States shall grant an approval to an
sugar, does not make use of the surplus quantities as provided for undertaking producing sugar, isoglucose or inulin syrup or to an
in Article 61, a surplus levy shall be payable on such quantities undertaking that processes these products into a product
subject to the conditions set out in Sections II and III. included in the list referred to in Article 62(2) provided that
the undertaking:

3. This Regulation shall apply without prejudice to the

application of Council Regulation (EC) No 1868/94 establishing (a) proves its professional production capacities;
a quota system in relation to the production of potato starch ( 1).

(b) agrees to provide any information and to be subject to

Section II controls related to this Regulation;
Sugar
(c) is not subject to suspension or withdrawal of the approval.
Subsection I
2. The approved undertakings shall provide the Member State
Quota allocation and management
in whose territory the harvest of beet, cane or the refining takes
place, with the following information:

Article 56
(a) the quantities of beet or cane for which a delivery contract
Quota allocation has been concluded, as well as the corresponding estimated
yields of beet or cane, and sugar per hectare;
1. The quotas for the production of sugar, isoglucose and
inulin syrup at national or regional level are fixed in Annex VI.
(b) data regarding provisional and actual sugar beet, sugar cane
2. Member States shall allocate a quota to each undertaking and raw sugar deliveries, and regarding sugar production
producing sugar, isoglucose or inulin syrup established in its and statements of sugar stocks;
territory and approved in accordance with Article 57.

(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (c) quantities of white sugar sold and corresponding prices and
(EC) No 671/2007 (OJ L 156, 16.6.2007, p. 1). conditions.
16.11.2007 EN Official Journal of the European Union L 299/33

Article 58 2. Member States may transfer quotas between undertakings in

accordance with the rules laid down in Annex VIII and taking
Additional and supplementary isoglucose quota into consideration the interests of each of the parties concerned,
particularly sugar beet and cane growers.
1. In the marketing year 2008/2009 an additional isoglucose
quota of 100 000 tonnes shall be added to the quota of the
preceding marketing year. This increase shall not concern 3. The quantities reduced pursuant to paragraphs 1 and 2 shall
Bulgaria and Romania. be allocated by the Member State in question to one or more
undertakings on its territory, whether or not holding a quota.

In the marketing year 2008/2009 an additional isoglucose quota

of 11 045 tonnes for Bulgaria and of 1 966 tonnes for Romania Subsection II
shall be added to the quota of the preceding marketing year.
Quota Over r un
Member States shall allocate the additional quotas to under-
takings, proportionately to the isoglucose quotas that have been
allocated in accordance with Article 56(2). Article 61

Scope
2. Italy, Lithuania and Sweden may allocate, upon request by
any undertaking established on their respective territories, a The sugar, isoglucose or inulin syrup produced during a
supplementary isoglucose quota in the marketing years 2008/ marketing year in excess of the quota referred to in Article 56
2009 and 2009/2010. The maximum supplementary quotas are may be:
fixed per Member State in Annex VII.

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

3. A one-off amount of EUR 730 shall be levied on the quotas Article 62;
that have been allocated to undertakings in accordance with
paragraph 2. It shall be collected per tonne of supplementary
quota allocated. (b) carried forward to the quota production of the next
marketing year, in accordance with Article 63;

Article 59 (c) used for the specific supply regime for the outermost
regions, in accordance with Title II of Council Regulation
Quota management (EC) No 247/2006 (1); or

1. The Commission shall adjust the quotas set out in Annex VI (d) exported within the quantitative limit fixed by the
by the end of February of the previous marketing year at the Commission respecting the commitments resulting from
latest for each of the marketing years 2008/2009, 2009/2010 agreements concluded in accordance with Article 300 of
and 2010/2011. The adjustments shall result from the the Treaty.
application of paragraph 2 of this Article and Article 58 of
this Regulation and of Article 3 of Regulation (EC) No 320/
2006. Other quantities shall be subject to the surplus levy referred to in
Article 64.

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 Article 62
percentage needed to reduce the existing quotas for sugar,
isoglucose and inulin syrup per Member State or region with a Industrial sugar
view to avoiding market imbalances in the marketing years as
from 2010/2011. 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:
3. Member States shall adjust the quota of each undertaking
accordingly.
(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
Article 60 with Article 57; and

National quota reallocation

(b) it has been delivered to the user by 30 November of the
1. A Member State may reduce the sugar or isoglucose quota as following marketing year at the latest.
allocated to an undertaking established on its territory by up to
10 % for each marketing year. (1) OJ L 42, 14.2.2006, p. 1.
L 299/34 EN Official Journal of the European Union 16.11.2007

2. The Commission shall draw up a list of products for the Article 64

production of which industrial sugar, industrial isoglucose or
industrial inulin syrup is used. Surplus levy

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

The list shall in particular include:
(a) surplus sugar, surplus isoglucose and surplus inulin syrup
(a) bioethanol, alcohol, rum, live yeast and quantities of syrups produced during any marketing year, except for quantities
for spreading and those to be processed into Rinse carried forward to the quota production of the following
appelstroop; marketing year and stored in accordance with Article 63 or
quantities referred to in points (c) and (d) of Article 61;

(b) certain industrial products without sugar content but the (b) industrial sugar, industrial isoglucose and industrial inulin
processing of which uses sugar, isoglucose or inulin syrup; syrup for which no proof has been supplied, by a date to be
determined by the Commission, that it has been processed
into one of the products referred to in Article 62(2);
(c) certain products of the chemical or pharmaceutical
industry which contain sugar, isoglucose or inulin syrup.
(c) sugar, isoglucose and inulin syrup withdrawn from the
market in accordance with Article 52 and for which the
obligations provided for in Article 52(3) are not met.
Article 63
2. The surplus levy shall be fixed by the Commission at a
Carry forward of surplus sugar sufficiently high level in order to avoid the accumulation of
quantities referred to in paragraph 1.
1. Each undertaking may decide to carry forward all or part of
its production in excess of its sugar quota, its isoglucose quota or
3. The surplus levy referred to in paragraph 1 shall be charged
its inulin syrup quota to be treated as part of the next marketing
by the Member State to the undertakings on its territory
year's production. Without prejudice to paragraph 3, that
according to the quantities of production referred to in
decision shall be irrevocable.
paragraph 1 that have been established for those undertakings
for the marketing year concerned.
2. Undertakings which take the decision referred to in
paragraph 1 shall:
Section III

(a) inform the Member State concerned before a date to be Milk

determined by that Member State:

Subsection I
— between 1 February and 30 June of the current
marketing year for quantities of cane sugar being General provisions
carried forward,

— between 1 February and 15 April of the current Article 65

marketing year for other quantities of sugar or inulin
syrup being carried forward; Definitions

For the purposes of this Section:

(b) undertake to store such quantities at their own expense
until the end of the current marketing year. (a) ‘milk’ shall mean the produce of the milking of one or more
cows;
3. If an undertaking's definitive production in the marketing
year concerned was less than the estimate made when the (b) ‘other milk products’ means any milk product other than
decision in accordance with paragraph 1 was taken, the quantity milk, in particular skimmed milk, cream, butter, yoghurt
carried forward may be adjusted retroactively by 31 October of and cheese; when relevant, these shall be converted into
the following marketing year at the latest. ‘milk equivalents’ by applying coefficients to be fixed by the
Commission;

4. The quantities carried forward shall be deemed to be the first (c) ‘producer’ means a farmer with a holding located within the
quantities produced under the quota of the following marketing geographical territory of a Member State, who produces
year. and markets milk or who is preparing to do so in the very
near future;
5. Sugar stored in accordance with this Article during a
marketing year may not be subject to any other storage measures (d) ‘holding’ means a holding as defined in Article 2 of
provided for in Articles 13, 32 or 52. Regulation (EC) No 1782/2003;
16.11.2007 EN Official Journal of the European Union L 299/35

(e) ‘purchaser’ means undertakings or groups which buy milk referred to as ‘twelve-month periods’) are fixed in point 1 of
from producers: Annex IX.

— to subject it to collecting, packing, storing, chilling or 2. The quotas referred to in paragraph 1 shall be divided
processing, including under contract, between producers in accordance with Article 67, distinguishing
between deliveries and direct sales. Any overrun of the national
quotas shall be determined nationally in each Member State, in
— to sell it to one or more undertakings treating or
accordance with this Section and making a distinction between
processing milk or other milk products.
deliveries and direct sales.

However, any group of purchasers in the same geographical

area which carries out the administrative and accounting 3. The national quotas set out in point 1 of Annex IX shall be
operations necessary for the payment of the surplus levy on fixed without prejudice to possible review in the light of the
behalf of its members shall be regarded as a purchaser. For general market situation and particular conditions existing in
the purposes of the first sentence of this subparagraph, certain Member States.
Greece shall be considered a single geographical area and it
may deem an official body to be a group of purchasers;
4. For Bulgaria and Romania a special restructuring reserve
shall be established as set out in point 2 of Annex IX. This
(f) ‘delivery’ means any delivery of milk, not including any reserve shall be released as from 1 April 2009 to the extent that
other milk products, by a producer to a purchaser, whether the on-farm consumption of milk and milk products in each of
the transport is carried out by the producer, a purchaser, an these countries has decreased since 2002.
undertaking processing or treating such products or a third
party;
The decision on releasing the reserve and its distribution to the
deliveries and direct sales quota shall be taken by the
(g) ‘direct sale’ means any sale or transfer of milk by a producer Commission on the basis of a report to be submitted by
directly to consumers, as well as any sale or transfer of Bulgaria and Romania to the Commission by 31 December
other milk products by a producer. The Commission may, 2008. This report shall detail the results and trends of the actual
while respecting the definition of ‘delivery’ given in point (f), restructuring process in each country's dairy sector, and in
adjust the definition of ‘direct sale’ in order to ensure, in particular the shift from production for on-farm consumption to
particular, that no quantity of marketed milk or other milk production for the market.
products is excluded from the quota arrangements;

5. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia,

(h) ‘marketing’ means deliveries of milk or direct sales of milk
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and
or other milk products;
Slovakia the national quotas shall include all milk or milk
equivalent delivered to a purchaser or sold directly, irrespective of
(i) ‘individual quota’ means a producer's quota at 1 April of whether it is produced or marketed under a transitional measure
any twelve-month period; applicable in those countries.

(j) ‘national quota’ means the quota referred to in Article 66,

fixed for each Member State; Article 67

(k) ‘available quota’ means the quota available to producers on Individual quotas
31 March of the twelve-month period for which the surplus
levy is calculated, taking account of all transfers, sales, 1. The producers' individual quota or quotas at 1 April 2008
conversions and temporary re-allocations provided for in shall be equal to their individual reference quantity or
this Regulation which have taken place during that twelve- quantities at 31 March 2008 without prejudice to transfers,
month period. sales and conversions of quota that take effect on 1 April 2008.

2. Producers may have either one or two individual quotas, one

Subsection II for deliveries and the other for direct sales. A producer's
quantities may be converted from one quota to the other only by
Quota allocation and management the competent authority of the Member State, at the duly
justified request of the producer.

Article 66
3. Where a producer has two quotas, his contribution to any
surplus levy due shall be calculated separately for each.
National quotas

1. The national quotas for the production of milk and other 4. The part of the Finnish national quota allocated to the
milk products marketed during seven consecutive periods of deliveries referred to in Article 66 may be increased by the
twelve months commencing on 1 April 2008 (hereinafter Commission to compensate Finnish SLOM producers up to
L 299/36 EN Official Journal of the European Union 16.11.2007

200 000 tonnes. This reserve, to be allocated in accordance with be fixed in accordance with rules to be established by the
Community legislation, must be used exclusively on behalf of Commission.
producers whose right to take up production again has been
affected as a result of accession.
5. The individual reference fat content referred to in
paragraph 1 shall be adjusted, where appropriate, upon the
5. Individual quotas shall be modified, where appropriate, for entry into force of this Regulation and thereafter, at the
each of the twelve-month periods concerned, so that, for each beginning of each twelve-month period as necessary, so that,
Member State, the sum of the individual quotas for the deliveries for each Member State, the weighted average of the individual
and that for the direct sales does not exceed the corresponding representative fat contents does not exceed by more than
part of the national quota adapted in accordance with Article 69, 0,1 gram per kg the reference fat content set in Annex X.
taking account of any reductions made for allocation to the
national reserve as provided for in Article 71.
For Romania the reference fat content set in Annex X shall be
reviewed on the basis of the figures for the full year 2004 and, if
Article 68 necessary, adjusted by the Commission.

Allocation of quotas from the national reserve

Article 71
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 71 on the basis of objective criteria to be National reserve
notified to the Commission.
1. Each Member State shall set up a national reserve as part of
the national quotas fixed in Annex IX, in particular with a view
Article 69 to making the allocations provided for in Article 68. The
national reserve shall be replenished, as appropriate, by
Management of quotas withdrawing some quantities as provided for in Article 72,
retaining part of transfers as provided for in Article 76, or by
1. The Commission shall adapt, for each Member State and for making an across-the-board reduction in all individual quotas.
each period, before the end of that period, the division between The quotas in question shall retain their original purpose, i.e.
'deliveries' and 'direct sales' of national quotas, in the light of the deliveries or direct sales.
conversions requested by producers, between individual quotas
for deliveries and for direct sales.
2. Any additional quota allocated to a Member State shall
automatically be placed in the national reserve and divided into
2. Member States shall each year forward to the Commission, deliveries and direct sales according to foreseeable needs.
by dates and according to rules to be fixed by the Commission in
accordance with Article 192(2), the information necessary to:
3. The quotas placed in the national reserve shall not have a
reference fat content.
(a) make the adaptation referred to in paragraph 1 of this
Article;

Article 72
(b) calculate the surplus levy to be paid by them.

Cases of inactivity
Article 70
1. When a natural or legal person holding individual quotas no
Fat content longer meets the conditions referred to in point (c) of Article 65
during a twelve-month period, the corresponding quantities shall
1. Each producer shall be assigned a reference fat content, to be revert to the national reserve no later than 1 April of the
applied to the individual quota for deliveries allocated to that following calendar year, unless that person becomes once again a
producer. producer within the meaning of point (c) of Article 65 before
that date.
2. For the quotas allocated to producers on 31 March 2008 in
accordance with Article 67(1), the reference fat content referred Where that person becomes once again a producer not later than
to in paragraph 1 shall be the same as the reference fat content the end of the second twelve-month period following with-
applied to that quota at that date. drawal, all or part of the individual quota which had been
withdrawn shall revert to that person no later than 1 April
3. The reference fat content shall be altered during the following the date of application.
conversion referred to in Article 67(2) and where quotas are
acquired, transferred or temporarily transferred in accordance
2. Where producers do not market a quantity equal to at least
with rules to be established by the Commission.
70 % of their individual quota during at least one twelve-month
period, Member States may decide whether and on what
4. For new producers having an individual quota for deliveries conditions all or part of the unused quota shall revert to the
allocated entirely from the national reserve, the fat content shall national reserve.
16.11.2007 EN Official Journal of the European Union L 299/37

Member States may determine on what conditions a quota shall the parties, and in particular, that producers giving up such land
be re-allocated to the producer concerned should he resume are in a position to continue milk production if they so wish.
marketing.

4. Where there is no agreement between the parties, in the case

3. Paragraphs 1 and 2 shall not apply in cases of force majeure of tenancies due to expire without any possibility of renewal on
and in duly justified cases temporarily affecting the production similar terms, or in situations involving comparable legal effects,
capacity of the producers concerned and recognised by the the individual quotas in question shall be transferred in whole or
competent authority. 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 73

Temporary transfers
Article 75
1. By the end of each twelve-month period, Member States
shall authorise, for the period concerned, any temporary Special transfer measures
transfers of part of individual quotas which the producers who
are entitled thereto do not intend to use. 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
Member States may regulate transfer operations according to the the legitimate interests of the parties concerned:
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 Arti- (a) grant compensation in one or more annual instalments to
cle 72(3) and determine to what extent the transferor can repeat producers who undertake to abandon permanently all or
transfer operations. part of their milk production and place the individual
quotas thus released in the national reserve;
2. Any Member State may decide not to implement paragraph 1
on the basis of one or both of the following criteria:
(b) determine on the basis of objective criteria the conditions
on which producers may obtain, in return for payment, at
(a) the need to facilitate structural changes and adjustments; 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
(b) overriding administrative needs. 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;

Article 74
(c) centralise and supervise transfers of quotas without land;
Transfers of quotas together with land

1. Individual quotas shall be transferred with the holding to the (d) provide, in the case of land transferred with a view to
producers taking it over when it is sold, leased, transferred by improving the environment, for the individual quota
actual or anticipated inheritance or any other means involving concerned to be allocated to a producer giving up the land
comparable legal effects for the producers, in accordance with but wishing to continue milk production;
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 (e) determine, on the basis of objective criteria, the regions or
parties. The part of the quota which, where applicable, has not collection areas within which the permanent transfer of
been transferred with the holding shall be added to the national quotas without transfer of the corresponding land is
reserve. authorised, with the aim of improving the structure of
milk production;
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 (f) authorise, upon application by a producer to the competent
the basis of objective criteria and with the aim of ensuring that authority or a body designated by that authority, the
quotas are attributed solely to producers, that the quota shall not definitive transfer of quotas without transfer of the
be transferred with the holding. 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.
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 2. Paragraph 1 may be implemented at national level, at the
necessary measures are taken to protect the legitimate interests of appropriate territorial level or in specified collection areas.
L 299/38 EN Official Journal of the European Union 16.11.2007

Article 76 Article 79

Retention of quotas Contribution of producers to the surplus levy due

1. In the case of transfers as referred to in Articles 74 and 75

The surplus levy shall be entirely allocated, in accordance with
Member States may, on the basis of objective criteria, retain part
Articles 80 and 83, among the producers who have contributed
of the individual quotas for their national reserve.
to each of the overruns of the national quotas referred to in
Article 66(2).
2. Where quotas have been or are transferred in accordance
with Articles 74 and 75 with or without the corresponding land
by means of rural leases or by other means involving comparable Without prejudice to Articles 80(3) and 83(1), producers shall be
legal effects, Member States may decide, on the basis of objective liable vis-à-vis the Member State for payment of their
criteria and with the aim of ensuring that quotas are attributed contribution to the surplus levy due, calculated in accordance
solely to producers, whether and under which conditions all or with Articles 69, 70 and 80, for the mere fact of having overrun
part of the transferred quota shall revert to the national reserve. their available quotas.

Article 77 Article 80

Aid for the acquisition of quotas

Surplus levy on deliveries
No financial assistance linked directly to the acquisition of quotas
may be granted by any public authority for the sale, transfer or 1. In order to draw up the definitive surplus levy statement, the
allocation of quotas under this Section. 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.
Subsection III

Quota over r un 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
Article 78 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.
Surplus levy

1. A surplus levy shall be payable on milk and other milk Where the sum of the deliveries adjusted in accordance with
products marketed in excess of the national quota as established paragraph 1 is greater than the deliveries actually made, the
in accordance with Subsection II. surplus levy shall be calculated on the basis of the former.

The levy shall be set, per 100 kilograms of milk, at EUR 27,83.
3. Each producer's contribution to payment of the surplus levy
shall be established by decision of the Member State, after any
2. Member States shall be liable to the Community for the unused part of the national quota allocated to deliveries has or
surplus levy resulting from overruns of the national quota, has not been re-allocated, in proportion to the individual quotas
determined nationally and separately for deliveries and direct of each producer or according to objective criteria to be set by
sales, and between 16 October and 30 November following the the Member States:
twelve-month period concerned, shall pay 99 % of the amount
due to the EAGF.
(a) either at national level on the basis of the amount by which
each producer's quota has been exceeded;
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 (b) or firstly at the level of the purchaser and thereafter at
equivalent to the unpaid surplus levy from the monthly national level where appropriate.
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. Article 14 of Council Article 81
Regulation (EC) No 2040/2000 (1) shall not apply.
Role of purchasers
4. The Commission shall determine the arrangements for the
implementation of this Article. 1. Purchasers shall be responsible for collecting from producers
contributions due from the latter by virtue of the surplus levy
(1) OJ L 244, 29.9.2000, p. 27. and shall pay to the competent body of the Member State, before
16.11.2007 EN Official Journal of the European Union L 299/39

a date and following a procedure to be laid down by the Article 84

Commission, the amount of these contributions deducted from
the price of the milk paid to the producers responsible for the Amounts paid in excess or unpaid
overrun or, failing this, collected by any other appropriate means.
1. Where, in the case of deliveries or direct sales, the surplus
levy is found to be payable and the contribution collected from
2. Where a purchaser fully or partially replaces one or more producers is greater than that levy, the Member State may:
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 (a) use partially or totally the excess to finance the measures in
delivered and account being taken of their fat content. This point (a) of Article 75(1), and/or
paragraph shall also apply where a producer transfers from one
purchaser to another. (b) redistribute it partially or totally to producers who:

3. Where, during the reference period, quantities delivered by a — fall within priority categories established by the
producer exceed that producer's available quota, the relevant Member State on the basis of objective criteria and
Member State may decide that the purchaser shall deduct part of within the period to be laid down by the
the price of the milk in any delivery by the producer concerned Commission, or
in excess of the quota, by way of an advance on the producer's
contribution, in accordance with detailed rules laid down by the
— are affected by an exceptional situation resulting from
Member State. The Member State may make specific arrange-
a national rule unconnected with the quota system for
ments to enable purchasers to deduct this advance where
milk and other milk products set up by this Chapter.
producers deliver to several purchasers.

2. Where it is established that no surplus levy is payable, any

advances collected by purchasers or the Member State shall be
Article 82 reimbursed no later than the end of the following twelve-month
period.
Approval
3. Where a purchaser does not meet the obligation to collect
Purchaser status shall be subject to prior approval by the Member the producers' contribution to the surplus levy in accordance
State in accordance with criteria to be laid by the Commission. with Article 81, the Member State may collect unpaid amounts
directly from the producer, without prejudice to any penalties it
may impose upon the defaulting purchaser.
The conditions to be fulfilled and information to be provided by
producers in the case of direct sales shall be established by the
Commission. 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.

Article 83
Section IV
Surplus levy on direct sales
Procedural provisions
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 Article 85
allocated to direct sales has or has not been re-allocated, at the
appropriate territorial level or at national level. Implementing rules

The Commission shall adopt the detailed rules for the application
2. Member States shall establish the basis of calculation of the of this Chapter which may relate, in particular, to:
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 (a) supplementary information to be submitted by approved
Commission. undertakings referred to in Article 57 as well as the criteria
for administrative penalties, suspensions and withdrawal of
approval of the undertakings;
3. No correction linked to fat content shall be taken into
account for the purpose of drawing up the definitive surplus levy
(b) the establishment and the communications of the amounts
statement.
referred to in Article 58 and the surplus levy referred to in
Article 64;
4. The Commission shall determine how and when the surplus
levy must be paid to the Member State's competent body. (c) derogations from the dates laid down in Article 63.
L 299/40 EN Official Journal of the European Union 16.11.2007

CHAPTER IV
Aid schemes

Section I Member States shall make the necessary checks to verify

entitlement to the aid. Once entitlement has been established
Aid for processing the advance shall be paid.

Subsection I However, the advance may be paid before entitlement has been
established provided the processor lodges a security equal to the
Dried fodder 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
Article 86 entitlement to aid has been established and shall be released in
full when the balance of the aid is paid.
Eligible undertakings

1. Aid for processing in respect of the products of the dried 2. Before an advance can be paid the dried fodder must have
fodder sector shall be granted to undertakings processing left the processing undertaking.
products of that sector falling into at least one of the following
categories:
3. Where an advance has been paid, the balance amounting to
(a) processors who have concluded contracts with producers of the difference between the amount of the advance and the total
fodder for drying. Where a contract is a special-order aid due to the processing undertaking shall be paid subject to
contract for processing of fodder delivered by a producer, it application of Article 88(2).
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; 4. Where the advance exceeds the total to which the processing
undertaking is entitled following the application of Article 88(2),
the processor shall reimburse the excess to the competent
(b) undertakings which have processed their own crop or, in authority of the Member State on request.
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 Article 88
producers of fodder for drying.
Aid rate
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 1. The aid provided for in Article 86 shall be set at
following requirements: EUR 33/tonne.

(a) its maximum moisture content is from 11 % to 14 % which

may vary depending on the presentation of the product; 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
(b) its minimum total crude protein content in the dry matter
Article 89, the aid shall be reduced in each Member State in
is not less than:
which production exceeds the guaranteed national quantity by
reducing expenditure as a function of the percentage of the sum
(i) 15 % for the products referred to in point (a) and the of the overruns represented by the overrun of that Member State.
second indent of point (b) of Part IV of Annex I;

(ii) 45 % for the products referred to in the first indent of The reduction shall be set by the Commission at a level ensuring
point (b) of Part IV of Annex I; that budget expenditure does not exceed that which would have
been attained had the maximum guaranteed quantity not been
exceeded.
(c) it is of sound and fair merchantable quality.

Article 87 Article 89

Advance payment
Guaranteed quantity
1. Processing undertakings shall be entitled to an advance
payment of EUR 19,80 per tonne, or EUR 26,40 per tonne if A maximum guaranteed quantity per marketing year of
they have lodged a security of EUR 6,60 per tonne. 4 960 723 tonnes of dehydrated and/or sun-dried fodder for
16.11.2007 EN Official Journal of the European Union L 299/41

which the aid provided for in Article 86 may be granted is hereby However, in cases where farmers retain ownership of the straw
established. That quantity shall be apportioned among the which they are having processed under contract by an authorised
Member States concerned as national guaranteed quantities in primary processor and prove that they have placed the fibres
accordance with point B of Annex XI. obtained on the market, the aid shall be granted to the farmers.

Article 90 In cases where the authorised primary processor and the farmer
are one and the same person, the contract of sale shall be
replaced by a commitment by the party concerned to carry out
Implementing rules the processing itself.
The Commission shall adopt the detailed rules for the
implementation of this Subsection which may, in particular, 2. For the purposes of this Subsection, ‘authorised primary
include rules concerning: 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
(a) declarations to be submitted by undertakings when the competent authority of the Member State in the territory of
applying for aid; which its facilities for producing flax fibre are located.

(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; Article 92

Aid rate
(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 87(1); 1. The amount of processing aid provided for in Article 91
shall be fixed at EUR 200 per tonne of long flax fibre.

(d) the conditions and criteria to be fulfilled by the under-

takings referred to in Article 86 and, in the case where 2. The quantities of fibre eligible for aid shall be limited on the
undertakings obtain their supplies from natural or legal basis of the areas which were the subject of one of the contracts
persons, rules concerning the guarantees to be provided by or commitments referred to in Article 91.
those persons;
The limits referred to in the first subparagraph shall be fixed by
(e) the terms of approvals of buyers of fodder for drying, to be the Member States so as to comply with the national guaranteed
applied by the Member States; quantities referred to in Article 94.

(f) the criteria for determining the requirements laid down in

Article 86(2); Article 93

(g) the criteria to be fulfilled for the conclusion of contracts Advance payment
and information which they shall contain;
At the request of authorised primary processors, an advance shall
(h) the application of the maximum guaranteed quantity laid be paid on the aid referred to in Article 91 on the basis of the
down in Article 89; quantity of fibre obtained.

(i) further requirements to those laid down in Article 86, in

particular as regards carotene and fibre content. Article 94

Guaranteed quantity
Subsection II
1. A maximum guaranteed quantity of 80 878 tonnes per
Flax grown for f ibre 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 XI.
Article 91

Eligibility 2. In cases where the fibre obtained in one Member State

originates from straw produced in another Member State, the
1. Aid for processing the straw of flax grown for fibre shall be quantities of fibre concerned shall be offset against the national
granted to authorised primary processors on the basis of the guaranteed quantity of the Member State in which the straw was
quantity of fibre actually obtained from straw for which a harvested. The aid shall be paid by the Member State against
contract of sale has been concluded with a farmer. whose national guaranteed quantity such an offset is made.
L 299/42 EN Official Journal of the European Union 16.11.2007

Article 95 world price for the manufacturing of the products referred to in

Article 62(2)(b) and (c).
Implementing rules
2. The production refund referred to in paragraph 1 shall be
The Commission shall adopt the detailed rules for the
fixed taking into account in particular the costs arising from the
implementation of this Subsection which may, in particular,
use of imported sugar which the industry would have to bear in
include rules concerning:
the event of supply on the world market and the price of the
surplus sugar available on the Community market or the
(a) the conditions for authorisation of primary processors reference price if there is no surplus sugar.
referred to in Article 91;

(b) the conditions to be met by approved primary processors

as regards the contracts of sale and commitments referred Article 98
to in Article 91(1);
Conditions for granting
(c) the requirements to be complied with by farmers in the case
referred to in the second subparagraph of Article 91(1); 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, as regards the production refund
(d) the criteria to be met by long flax fibre; for sugar provided for in Article 97, the eligible quantities.
(e) the conditions for the grant of aid and the advance
payment, and in particular proof of the processing of straw;
Section III
(f) the conditions to be met for fixing the limits referred to in
Aids in the milk and milk products sector
Article 92(2).

Section II Article 99

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

Article 96 1. Aid shall be granted for skimmed milk and skimmed-milk

powder intended for use as feedingstuffs, according to conditions
Production refund for starch and product standards to be determined by the Commission.

1. A production refund may be granted: For the purposes of this Article, buttermilk and buttermilk
powder shall be regarded as skimmed milk and skimmed-milk
(a) for starch obtained from maize, wheat or potatoes and for powder.
certain derivatives used in the manufacture of certain
products, a list of which shall be drawn up by the
Commission; 2. Aid amounts shall be fixed by the Commission taking into
account the following factors:
(b) in the absence of significant domestic production of other
cereals for the production of starch, for the following (a) the reference price fixed in point (e)(ii) of Article 8(1) for
quantities of starch obtained each marketing year in Finland skimmed-milk powder;
and Sweden from barley and oats, insofar as it does not
entail an increase in the level of starch production from (b) development of the supply situation as regards skimmed
those two cereals: milk and skimmed-milk powder, and developments in the
use thereof as feed;
(i) 50 000 tonnes in Finland,
(c) trends in calf prices;
(ii) 10 000 tonnes in Sweden.
(d) trends in the market prices for competing proteins as
2. The refund referred to in paragraph 1 shall be fixed by the compared with those for skimmed-milk powder.
Commission periodically.

Article 100
Article 97
Aid for skimmed milk processed into casein and caseinates
Production refund in the sugar sector
1. Aid shall be granted for Community-produced skimmed
1. A production refund may be granted on the products of the milk processed into casein and caseinates, according to
sugar-sector listed in points (b) to (e) of Part III of Annex I if conditions and product standards of such milk and the casein
surplus sugar or imported sugar, surplus isoglucose or surplus or caseinates produced from it to be determined by the
inulin syrup is not available at a price corresponding to the Commission.
16.11.2007 EN Official Journal of the European Union L 299/43

2. Aid shall be fixed by the Commission taking into account Section IV

the following factors:
Aids in the olive oil and table olives sector
(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; Article 103

(b) the market prices for casein and caseinates on the Aids to operator organisations
Community and world markets.
1. The Community shall finance, by means of the amounts
The aid may vary, according to whether the skimmed milk is withheld by Member States in accordance with Article 110i (4)
processed into casein or caseinates and according to the quality of Regulation (EC) No 1782/2003, three-year work programmes
of those products. to be drawn up by operator organisations referred to in
Article 125 in one or more of the following areas:

Article 101 (a) the market follow-up and administrative management in

the olive oil and table olives sector;
Aid for the purchase of cream, butter and concentrated
butter at reduced prices (b) the improvement of the environmental impacts of olive
cultivation;
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 (c) the improvement of the production quality of olive oil and
cream, butter and concentrated butter to be purchased at reduced table olives;
prices:
(d) the traceability system, the certification and protection of
(a) by non-profit making institutions and organisations; the quality of olive oil and table olives, in particular the
monitoring of the quality of olive oils sold to final
(b) by military forces and units of comparable status in the consumers, under the authority of the national adminis-
Member States; trations;

(c) by manufacturers of pastry products and ice-cream; (e) the dissemination of information on the activities carried
out by operator organisations with the aim of improving
(d) by manufacturers of other foodstuffs to be determined by the quality of olive oil.
the Commission;
2. The maximum Community funding for the work pro-
(e) for the direct consumption of concentrated butter. grammes 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:
Article 102
(a) 100 % for activities in the areas referred to in points (a) and
Aid for the supply of milk products to pupils (b) of paragraph 1;
1. Under conditions to be determined by the Commission,
Community aid shall be granted for supplying to pupils in (b) 100 % for fixed assets investments and 75 % for other
educational establishments certain processed milk products to be activities in the area referred to in point (c) of paragraph 1;
determined by the Commission falling within CN codes 0401,
0403, 0404 90 and 0406 or CN code 2202 90. (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
2. By way of derogation from Article 180, Member States may,
Member States in the areas referred to in points (d) and (e)
in addition to Community aid, grant national aid for supplying
of paragraph 1, and 50 % for the other activities in these
the products referred to in paragraph 1 to pupils in educational
areas.
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. Complementary financing shall be ensured by the Member State
up to 50 % of the costs not covered by the Community funding.
3. In the case of whole milk, the Community aid shall be
EUR 18,15/100 kg. The Commission shall establish the detailed rules for the
application of this Article and in particular the procedures for
In the case of other milk products, the amounts of aid shall be the approval of the work programmes by the Member States and
determined by the Commission taking into account the milk the types of activities eligible under such programmes.
components of the products concerned.
3. Without prejudice to any specific provisions which may be
4. The aid referred to in paragraph 1 shall be granted on a adopted by the Commission in accordance with Article 194,
maximum quantity of 0,25 litre of milk equivalent per pupil and Member States shall verify that the conditions for granting
per day. Community funding are met. To that end, they shall carry out an
L 299/44 EN Official Journal of the European Union 16.11.2007

audit of work programmes and a control plan involving a sample may draw up a national programme for a period of three years
determined on the basis of a risk analysis and comprising at least (hereinafter referred to as the ‘apiculture programme’).
30 % per year of producer organisations and all the other
operators' organisations in receipt of Community funding under
this Article. 2. By way of derogation from Article 180, Articles 87, 88 and
89 of the Treaty shall not apply:

(a) to the financial contribution provided by Member States for

Section V measures subject to Community support in accordance
with this Section;
C o m m u n i t y To b a c c o F u n d
(b) to specific national aids for the protection of apiaries
disadvantaged by structural or natural conditions or under
economic development programmes, except for those
Article 104
allocated for production or trade.

Tobacco Fund
Aids referred to in point (b) shall be notified to the Commission
1. A Community Tobacco Fund (hereinafter referred to as the by Member States together with the communication of the
Fund) shall be set up to finance measures in the following areas: apiculture programme in accordance with Article 109.

(a) improving public awareness of the harmful effects of all

forms of tobacco consumption, in particular through Article 106
information and education, support for the collection of
data to establish tobacco consumption patterns and to Measures eligible for aid
conduct epidemiological studies on nicotinism in the
Community, and a study on preventing nicotinism; The measures which may be included in the apiculture
programme shall be the following:
(b) specific measures to help tobacco growers to switch to
other crops or other economic activities that create (a) technical assistance to beekeepers and groupings of
employment and studies of the possibilities for tobacco beekeepers;
growers to do so.
(b) control of varroasis;
2. The Fund shall be financed:
(c) rationalisation of transhumance;
(a) for the 2002 harvest by a deduction of 2 % and for the
2003, 2004 and 2005 harvests, of 3 % of the premium (d) measures to support laboratories carrying out analyses of
provided for in Title I of Regulation (EEC) No 2075/92 as the physico-chemical properties of honey;
applicable until and including the 2005 harvest for the
financing of any kind of measures provided for in
paragraph 1; (e) measures to support the restocking of hives in the
Community;

(b) for the calendar years 2006 and 2007, in accordance with
(f) cooperation with specialised bodies for the implementation
Article 110m of Regulation (EC) No 1782/2003.
of applied research programmes in the field of beekeeping
and apiculture products.
3. Detailed rules for the application of this Article shall be
adopted by the Commission. Measures financed from the EAFRD in accordance with Council
Regulation (EC) No 1698/2005 (1) shall be excluded from the
apiculture programme.
Section VI

Special provisions for the apiculture sector Article 107

Study of the production and marketing structure in the

beekeeping sector
Article 105
To be eligible for the part-financing provided for in Article 108
Scope (1), Member States shall carry out a study of the production and
marketing structure in the beekeeping sector in their territory.
1. With a view to improving general conditions for the
production and marketing of apiculture products, Member States (1) OJ L 277, 21.10.2005, p. 1.
16.11.2007 EN Official Journal of the European Union L 299/45

Article 108 Section VII

Financing Aids in the silkworm sector
1. The Community shall provide part-financing for the
apiculture programmes equivalent to 50 % of the expenditure Article 111
borne by Member States. Aid to be granted to silkworm rearers
2. Expenditure relating to the measures taken under the 1. Aid shall be granted for silkworms falling within CN-code
apiculture programmes shall be made by the Member States by ex 0106 90 00 and for silkworm eggs falling within CN-code
15 October each year. ex 0511 99 85 reared within the Community.

Article 109 2. The aid shall be granted to silkworm rearers for each box of
silkworm eggs used, on condition that the boxes contain a
Consultation minimum quantity of eggs, to be determined, and that the
The apiculture programme shall be drawn up in close worms have been successfully reared.
collaboration with the representative organisations and beekeep-
ing cooperatives. It shall be submitted to the Commission for 3. The aid per box of silkworm eggs used shall be EUR 133,26.
approval.
Article 112
Article 110
Implementing rules
Implementing rules
Detailed rules for the application of this Section shall be adopted
The Commission shall establish the detailed rules for the by the Commission which shall cover, in particular, the
application of this Section. minimum quantity of eggs referred to in Article 111(2).

TITLE II
RULES CONCERNING MARKETING AND PRODUCTION

CHAPTER I
Marketing standards and conditions for the production

Section I (iii) the interest of consumers to receive adequate and

transparent product information;
Marketing standards

(iv) as concerns the olive oils referred to in point (a) of

Article 113 Part VII of Annex I, changes in the methods used for
determining their physical, chemical and organoleptic
Marketing standards characteristics;

1. Provision may be made by the Commission for marketing

standards for one or more of the products of the following
sectors: (b) may in particular relate to quality, grading, weight, sizing,
packaging, wrapping, storage, transport, presentation,
(a) olive oil and table olives in respect of the products referred origin and labelling.
to in point (a) of Part VII of Annex I;

(b) bananas;
3. Save as otherwise provided for by the Commission in
(c) live plants. 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
2. The standards referred to in paragraph 1: accordance with such standards.

(a) shall be established taking into account, in particular:

(i) the specificities of the products concerned;

Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 194,
(ii) the need to ensure the conditions for a smooth Member States shall check whether those products conform to
disposal of those products on the market; those standards and shall apply penalties as appropriate.
L 299/46 EN Official Journal of the European Union 16.11.2007

Article 114 products is not lower than that of the hops from which they have
been prepared.
Marketing standards for milk and milk products
3. The certificates shall indicate at least:
1. Foodstuffs intended for human consumption may be
marketed as milk and milk products only if they comply with
(a) the place(s) of production of the hops;
the definitions and designations laid down in Annex XII.
(b) the year(s) of harvesting;
2. Without prejudice to exemptions provided for in Commu-
nity law and to measures for the protection of public health, milk (c) the variety or varieties.
falling within CN code 0401 intended for human consumption
may only be marketed within the Community in accordance with
Annex XIII and, in particular, with the definitions set out in point 4. Products of the hops sector may be marketed or exported
I thereof. only if a certificate as referred to in paragraphs 1, 2 and 3 has
been issued.

Article 115 In the case of imported products of the hops sector, the
attestation provided for in Article 158(2) shall be deemed to be
Marketing standards for fats equivalent to the certificate.

Without prejudice to Article 114(1) or to any provisions adopted 5. Measures derogating from paragraph 4 may be adopted by
in the veterinary and foodstuffs sectors to ensure that products the Commission:
comply with hygiene and health standards and to protect animal
and human health, the standards laid down in Annex XV shall
apply to the following products having a fat content of at least (a) in order to satisfy the trade requirements of certain third
10 % but less than 90 % by weight, intended for human countries; or
consumption:
(b) for products intended for special uses.
(a) milk fats falling within CN codes 0405 and ex 2106;
The measures referred to in the first subparagraph shall:
(b) fats falling within CN code ex 1517;
(a) not prejudice the normal marketing of products for which
(c) fats composed of plant and/or animal products falling the certificate has been issued;
within CN codes ex ex 1517 and ex 2106.
(b) be accompanied by guarantees intended to avoid any
confusion with those products.
The fat content excluding salt shall be at least two-thirds of the
dry matter.
Article 118
However, those standards shall only apply to products which
remain solid at a temperature of 20 oC, and which are suitable for Marketing standards for olive oils and olive-pomace oils
use as spreads.
1. The use of the descriptions and definitions of olive oils and
olive-pomace oils set out in Annex XVI shall be compulsory as
Article 116 regards the marketing of the products concerned within the
Community and, insofar as compatible with international
Marketing standards for products of the eggs and compulsory rules, in trade with third countries.
poultrymeat sectors
2. Only oils referred to in points 1(a) and (b), 3 and 6 of
Products of the eggs and poultrymeat sectors shall be marketed Annex XVI may be marketed at the retail stage.
in accordance with the provisions set out in Annex XIV.

Section II
Article 117
Conditions for production
Certification for hops

1. Products of the hops sector, harvested or prepared within Article 119

the Community, shall be subject to a certification procedure.
Use of casein and caseinates in the manufacture of cheese
2. Certificates may be issued only for products having the
minimum quality characteristics appropriate to a specific stage of The use of casein and caseinates in the manufacture of cheese
marketing. In the case of hop powder, hop powder with higher shall be subject to prior authorisation which shall be granted
lupulin content, extract of hops and mixed hop products, the only if such use is a necessary condition for the manufacture of
certificate may only be issued if the alpha acid content of these the products.
16.11.2007 EN Official Journal of the European Union L 299/47

Article 120 (ii) the frequency of collection, delivery, preservation and

handling of eggs;
Method of production of agricultural ethyl alcohol
(iii) quality criteria, in particular the appearance of the
The method of production and the characteristics of agricultural shell, the consistency of the white and the yolk and
ethyl alcohol obtained from a specific agricultural product listed the height of the air space;
in Annex I to the Treaty may be laid down by the Commission.

(iv) weight grading, including exceptions;

Section III
(v) marking of eggs and indications on packs, including
exceptions and including the rules to be applied in
Procedural rules relation to packing centres;

(vi) trade with third countries;

Article 121

Adoption of standards, implementing rules and derogations (vii) farming methods;

The Commission shall establish the detailed rules for the (e) as regards the provisions concerning the marketing of
application of this Chapter, which may in particular relate to: poultrymeat set out in Part B of Annex XIV:

(a) marketing standards referred to in Article 113 including

rules on derogations from the standards, on presentation of (i) definitions;
particulars required by the standards and on the application
of the standards to products imported into the Community (ii) the list of poultry carcasses, parts of such carcasses
and products exported from the Community; and offals, including foie gras, to which Part B of
Annex XIV shall apply;
(b) as regards the definitions and designations that may be used
in the marketing of milk and milk products in accordance
with Article 114(1): (iii) the criteria for classification within the meaning of
point III(1) of Part B of Annex XIV;
(i) drawing up and, where necessary, supplementing the
list of the products referred to in the second (iv) the rules concerning further indications to be shown
subparagraph of point III(1) of Annex XII, on the on accompanying commercial documents, the label-
basis of the lists sent to it by the Member States; ling, presentation and advertising of poultrymeat
intended for the final consumer and the name under
(ii) making additions, where necessary, to the list of which the product is sold within the meaning of point
designations given in point (a) of the second (1) of Article 3(1) of Directive 2000/13/EC;
subparagraph of point II(2) of Annex XII;
(v) optional indications of the method of the chilling used
(c) as regards the standards for spreadable fats referred to in and of the type of farming;
Article 115:
(vi) derogations that may be applied in case of deliveries
(i) a list of the products referred to in point (a) of the to cutting or processing establishments;
third subparagraph of point I(2) of Annex XV, on the
basis of the lists sent to the Commission by the
Member States; (vii) the rules to be applied as regards the percentages of
water absorption during the preparation of fresh,
(ii) the methods of analysis needed to check the frozen and quick-frozen carcasses and cuts thereof as
composition and manufacturing characteristics of well as the indications to be made in that respect;
the products referred to in Article 115;
(f) as regards the provisions concerning the standards for the
(iii) detailed rules for the taking of samples; production and marketing of eggs for hatching and of
farmyard poultry chicks set out in Part C of Annex XIV:
(iv) detailed rules for obtaining statistical information on
the markets in the products referred to in Article 115;
(i) definitions;
(d) as regards the provisions concerning the marketing of eggs
set out in Part A of Annex XIV: (ii) the registration of establishments producing or
marketing eggs for hatching or farmyard poultry
(i) definitions; chicks;
L 299/48 EN Official Journal of the European Union 16.11.2007

(iii) indications to be made on eggs for hatching, including (g) the minimum quality characteristics for products of the
those to be imported from or to be exported to third hops sector referred to in Article 117;
countries, and on the packings, as well as the rules to
be applied in respect of chicks originating in third (h) the methods of analysis to be used, where applicable;
countries;
(i) as regards the use of casein and caseinates referred to in
(iv) registers to be kept by hatcheries; Article 119:
(v) the use, other than for human consumption, that may (i) the conditions according to which the Member States
be made of incubated eggs withdrawn from the shall grant the authorisations and the maximum
incubator; percentages to be incorporated, on the basis of
(vi) communications from hatcheries and other establish- objective criteria having regard to what is technolo-
ments to the competent authorities of the Member gically necessary;
States;
(ii) the obligations to be respected by the undertakings
(vii) accompanying documents; authorised in accordance with point (i).

CHAPTER II
Producer organisations, interbranch organisations, operator organisations

Section I Article 123

General principles Interbranch organisations

Member States shall recognise interbranch organisations which:

Article 122

Producer organisations (a) are made up of representatives of economic activities linked

to the production of, trade in, and/or processing of
products in the following sectors:
Member States shall recognise producer organisations, which:

(i) the olive oil and table olives sector;

(a) are constituted by producers of one of the following
sectors:
(ii) the tobacco sector;
(i) the hops sector,

(b) are formed on the initiative of all or some of the

(ii) the olive oil and table olives sector, organisations or associations which constitute them;

(iii) the silkworm sector; (c) pursue a specific aim, which may, in particular relate to:

(b) are formed on the initiative of the producers; (i) concentrating and coordinating supply and marketing
of the produce of the members;
(c) pursue a specific aim, which may in particular relate to:
(ii) adapting production and processing jointly to the
requirements of the market and improving the
(i) concentrating supply and marketing the produce of
product;
the members;

(ii) adapting production jointly to the requirements of the (iii) promoting the rationalisation and improvement of
market and improving the product; production and processing;

(iii) promoting the rationalisation and mechanisation of (iv) carrying out research into sustainable production
production; methods and market developments.
16.11.2007 EN Official Journal of the European Union L 299/49

Where interbranch organisations carry out their activities in the of the subscriptions paid by its members to the extent that such
territories of several Member States, recognition shall be granted subscriptions are intended to cover costs, other than adminis-
by the Commission without the assistance of the Committee trative costs of any description, directly incurred as a result of
referred to in Article 195(1). pursuing the activities in question.

2. The activities referred to in paragraph 1 shall relate to one of

Article 124 the following objectives:

Common provisions concerning producer and interbranch (a) research to add value to the products, in particular through
organisations new uses which do not pose a threat to public health;

1. Article 122 and the first paragraph of Article 123 shall

apply without prejudice to the recognition, decided by Member (b) studies to improve the quality of leaf or baled tobacco;
States on the basis of national law and in compliance with
Community law, of producer organisations or interbranch
organisations respectively, in any sector referred to in Article 1 (c) research into methods of cultivation permitting reduced use
except for the sectors referred to in Article 122 and the first of plant health products and guaranteeing conservation of
paragraph of Article 123. the soil and the environment.

3. The Member States concerned shall notify the Commission

2. Producer organisations recognised or approved in accor- of decisions which they intend to take under paragraph 1. Such
dance with Regulations (EC) No 865/2004, (EC) No 1952/2005 decisions may not apply before the expiry of a three month
and (EC) No 1544/2006 shall be considered as recognised period starting from the date of notification to the Commission.
producer organisations under Article 122 of this Regulation. Within that three month period the Commission may call for the
rejection of all or part of the draft decision if the general
Interbranch organisations recognised or approved in accordance economic interest put forward does not appear to be well
with Regulations (EEC) 2077/92 and (EC) No 865/2004 shall be founded.
considered recognised interbranch organisations under Arti-
cle 123 of this Regulation. 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
Article 125
have two months to make their comments.
Operator organisations

Section III
For the purposes of this Regulation, operator organisations shall
comprise recognised producer organisations, recognised inter-
branch organisations or recognised organisations of other Procedural rules
operators in the olive oil and table olives sector or their
associations.
Article 127

Section II Implementing rules

Rules concerning interbranch organisations The Commission shall adopt the detailed rules for the application
in the tobacco sector of this Chapter, in particular the conditions and procedures for
the recognition of producer, interbranch and operator organisa-
tions in individual sectors, including:

Article 126
(a) the specific aims to be pursued by such organisations;
Payment of subscription by non-members
(b) the rules of association of such organisations;
1. Where one or more of the activities referred to in
paragraph 2 is pursued by a recognised interbranch organisation
(c) the activities of such organisations;
in the tobacco sector and is 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 (d) derogations from the requirements laid down in Arti-
recognition, or the Commission, without the assistance of the cles 122, 123 and 125;
Committee referred to in Article 195(1), where recognition has
been granted by the Commission, may decide that individuals or
groups which are not members of the organisation but which (e) as the case may be, any effects deriving from the
benefit from those activities shall pay the organisation all or part recognition as an interbranch organisation.
L 299/50 EN Official Journal of the European Union 16.11.2007

PART III

TRADE WITH THIRD COUNTRIES

CHAPTER I

General provisions

Article 128 Article 129

General principles Combined nomenclature

The general rules for interpreting the Combined Nomenclature,

Unless otherwise provided for in this Regulation or in provisions
provided for in Council Regulation (EEC) No 2658/87 of 23 July
adopted pursuant thereto, the following shall be prohibited in
1987 on the tariff and statistical nomenclature and on the
trade with third countries:
Common Customs Tariff (1) (hereinafter referred to as ‘Combined
Nomenclature’'), and the special rules for its application shall
(a) the levying of any charge having equivalent effect to a apply to the tariff classification of products covered by this
customs duty; Regulation. The tariff nomenclature resulting from the applica-
tion of this Regulation including, as the case may be, the
(b) the application of any quantitative restriction or measure definitions in Annex III shall be included in the Common
having equivalent effect. Customs Tariff.

CHAPTER II

Imports

Section I (i) beef and veal;

Import licences (j) milk and milk products;

(k) pigmeat;
Article 130
(l) sheepmeat and goatmeat;
Import licences
(m) eggs;
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 (n) poultrymeat;
sectors into the Community subject to presentation of an import
licence: (o) agricultural ethyl alcohol.

(a) cereals;
2. When applying paragraph 1, the Commission shall take
account of the need for import licences for the management of
(b) rice; the markets concerned and, in particular, for monitoring the
imports of the products in question.
(c) sugar;

(d) seeds; Article 131

(e) olive oil and table olives, with regard to products falling Issue of licences
within CN codes 1509, 1510 00, 0709 90 39,
0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39; Import licences shall be issued by Member States to any
applicant, irrespective of its place of establishment in the
(f) flax and hemp, as far as hemp is concerned; 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.
(g) bananas;
(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation
(h) live plants; (EC) No 733/2007 (OJ L 169, 29.6.2007, p. 1).
16.11.2007 EN Official Journal of the European Union L 299/51

Article 132 Article 137

Validity Calculation of import duties for husked rice

Import licences shall be valid throughout the Community. 1. Notwithstanding Article 135, the import duty on husked
rice falling within CN code 1006 20 shall be fixed by the
Commission without the assistance of the Committee referred to
Article 133 in Article 195(1) within 10 days of the end of the reference
period concerned in accordance with point 1 of Annex XVII.
Security
The Commission, without the assistance of the Committee
1. Save as otherwise provided for by the Commission, licences
referred to in Article 195(1), shall fix a new applicable duty if the
shall be issued subject to the lodging of a security guaranteeing
calculations performed under that Annex indicate a need to
that the products are imported during the term of validity of the
change the duty. Until such time as a new applicable duty is fixed,
licence.
the duty previously fixed shall apply.

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 2. In order to calculate the imports referred to in point 1 of
out only partially, within the period of validity of the licence. Annex XVII, 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, excluding the
import licences for Basmati rice referred to in Article 138.
Article 134

Implementing rules 3. The annual reference quantity shall be 449 678 tonnes. The
partial reference quantity for each marketing year shall
The Commission shall adopt the detailed rules for the application correspond to half the annual reference quantity.
of this Section, including the terms of validity of the licences and
the rate of security.
Article 138
Section II
Calculation of import duties for husked basmati rice
Import duties and levies
Notwithstanding Article 135, the husked Basmati rice varieties
falling within CN codes 1006 20 17 and 1006 20 98 listed in
Annex XVIII shall qualify for a zero rate of import duty under the
Article 135 conditions fixed by the Commission.

Import duties

Save as otherwise provided for pursuant to this Regulation, the Article 139
rates of import duty in the Common Customs Tariff shall apply
to the products referred to in Article 1. Calculation of import duties for milled rice

1. Notwithstanding Article 135, the import duty for semi-

Article 136 milled or wholly milled rice falling within CN code 1006 30
shall be fixed by the Commission, without the assistance of the
Calculation of import duties for cereals Committee referred to in Article 195(1), within ten days after the
end of the reference period concerned in accordance with
1. Notwithstanding Article 135, the import duty on products point 2 of Annex XVII.
covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99
(high quality common wheat), 1002 00 00, 1005 10 90,
1005 90 00 and 1007 00 90 other than hybrid for sowing, The Commission, without the assistance of the Committee
shall be equal to the intervention price valid for such products on referred to in Article 195(1), shall fix a new applicable duty if the
importation increased by 55 %, minus the c.i.f. import price calculations performed under that Annex indicate a need to
applicable to the consignment in question. However, that duty change the duty. Until such time as a new applicable duty is fixed,
may not exceed the conventional rate of duty as determined on the duty previously fixed shall apply.
the basis of the Combined Nomenclature.
2. In order to calculate imports referred to in point 2 of
2. For the purposes of calculating the import duty referred to Annex XVII, account shall be taken of the quantities for which
in paragraph 1, representative c.i.f. import prices shall be import licences for semi-milled or wholly milled rice falling
established on a regular basis for the products referred to in that within CN code 1006 30 were issued in the corresponding
paragraph. reference period.
L 299/52 EN Official Journal of the European Union 16.11.2007

Article 140 Article 143

Calculation of import duties for broken rice Implementing rules

Notwithstanding Article 135, the import duty on broken rice The Commission shall adopt the detailed rules for the application
falling within CN code 1006 40 00 shall be EUR 65 per tonne. of this Section, in particular specifying:

(a) as regards Article 136:

Article 141

Additional import duties (i) the minimum requirements for high quality common
wheat;
1. An additional import duty shall apply to imports at the rate
of duty laid down in Articles 135 to 140 of one or more
(ii) the price quotations to be taken into consideration;
products of the cereals, rice, sugar, beef and veal, milk and milk
products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat
and bananas sectors, in order to prevent or counteract adverse
(iii) the possibility, where appropriate in specific cases, of
effects on the market of the Community which may result from
giving operators the opportunity to know the duty
those imports, if:
applicable before the arrival of the consignments
concerned.
(a) the imports are made at a price below the level notified by
the Community to the WTO (the trigger price); or
(b) as regards Article 141, the products to which additional
import duties shall be applied and the other criteria
(b) the volume of imports in any year exceeds a certain level necessary to ensure the application of paragraph 1 of that
(the trigger volume). Article.

The trigger volume shall be based on market access opportu-

nities defined, where applicable, as imports as a percentage of the Section III
corresponding domestic consumption during the three previous
years.
Import quota management

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. Article 144

3. For the purposes of paragraph 1(a), import prices shall be Tariff quotas
determined on the basis of the c.i.f. import prices of the
consignment under consideration. 1. Tariff quotas for imports of products referred to in Article 1
resulting from agreements concluded in accordance with
Article 300 of the Treaty or from any other act of the Council
C.i.f. import prices shall be checked against the representative shall be opened and administered by the Commission under
prices for the product on the world market or on the detailed rules adopted by the Commission.
Community import market for that product.

2. Tariff quotas shall be administered in a manner which avoids

any discrimination between the operators concerned, by
Article 142 applying one of the following methods or a combination of
them or another appropriate method:
Suspension of import duties in the sugar sector

The Commission may suspend import duties in whole or in part (a) a method based on the chronological order of the lodging
for certain quantities in respect of the following products to of applications (‘first come, first served’ principle);
guarantee the supply necessary for the manufacturing of
products referred to in Article 62(2):
(b) a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
(a) sugar falling within CN code 1701; ‘simultaneous examination method’);

(b) isoglucose falling within CN codes 1702 30 10, (c) a method based on taking traditional trade patterns into
1702 40 10, 1702 60 10 and 1702 90 30. account (using the ‘traditional/newcomers method’).
16.11.2007 EN Official Journal of the European Union L 299/53

3. The method of administration adopted shall, where Section IV

appropriate, give due weight to the supply requirements of the
Community market and the need to safeguard the equilibrium of Special provisions for cer tain products
that market.

Subsection I
Article 145

Opening of tariff quotas Special provisions for impor ts in respect of the

cereals and rice sectors
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 149

Imports of mixtures of different cereals

Article 146
The import duty applicable to mixtures composed of cereals
Specific rules falling within points (a) and (b) of Part I of Annex I shall be
established as follows:
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 (a) in the case where the mixture is composed of two of such
Council, acting in accordance with the procedure laid down in cereals, the import duty shall be that applicable:
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. (i) to the component cereal predominating by weight,
when the cereal represents at least 90 % of the weight
of the mixture;
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 (ii) to the component cereal liable to the higher import
maize, the detailed rules referred to in Article 148 shall also duty, when neither of the two component cereals
include the provisions necessary for carrying out the tariff quota represents at least 90 % of the weight of the mixture;
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 (b) in the case where the mixture is composed of more than
States. 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
Article 147 the amount of the import duty is the same for two or more
of the cereals.
Tariff rates for bananas

This Chapter shall apply without prejudice to Council Regulation Where only one cereal represents more than 10 % of the
(EC) No 1964/2005 (1). weight of the mixture, the import duty to be applied shall
be that applicable to this cereal.

Article 148 (c) in all cases not covered by points (a) and (b), the import
duty shall be the highest of the import duties applicable to
Implementing rules the cereals composing the mixture concerned, even when
the amount of the import duty is the same for two or more
The Commission shall adopt detailed rules for the implementa- of the cereals.
tion of this Section, in particular on:

(a) guarantees covering the nature, provenance and origin of Article 150
the product;
Imports of mixtures between cereals and rice
(b) recognition of the document used for verifying the
guarantees referred to in point (a);
The import duty applicable to mixtures composed of one or
more of the cereals falling within points (a) and (b) of Part I of
(c) the conditions under which import licences shall be issued Annex I, on the one hand, and of one or more of the products
and their term of validity. 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
(1) OJ L 316, 2.12.2005, p. 1. to the highest import duty.
L 299/54 EN Official Journal of the European Union 16.11.2007

Article 151 3. Import licences for sugar for refining shall be issued only to
full-time refiners provided that the quantities concerned do not
Imports of mixtures of rice exceed the quantities that may be imported in the framework of
the traditional supply need referred to in paragraph 1. The
The import duty applicable to mixtures composed either of rice licences may be transferred only between full-time refiners and
classifiable under several different processing groups or stages or their validity expires at the end of the marketing year for which
of rice classifiable under one or more different processing groups they have been issued.
or stages on the one hand and of broken rice on the other shall
be that applicable:
This paragraph shall apply for the marketing year 2008/2009,
(a) to the component predominating by weight, when that and for the first three months of each of the following marketing
component represents at least 90 % of the weight of the years.
mixture;
4. The application of import duties on cane sugar for refining
(b) the component liable to the highest import duty, when no falling within CN code 1701 11 10 originating in the States
component represents at least 90 % of the weight of the referred to in Annex XIX shall be suspended for the
mixture. complementary quantity which is needed to allow an adequate
supply of the full-time refiners for the marketing year 2008/
2009.
Article 152

Applicability of the tariff classification The complementary quantity shall be fixed by the Commission,
based on the balance between the traditional supply need
Where the method for fixing the import duty set out in referred to in paragraph 1 and the forecast supply of sugar for
Articles 149 to 151 cannot be applied, the duty to be applied to refining for the marketing year concerned. This balance may be
the mixtures referred to in those Articles shall be that determined revised by the Commission during the marketing year and may
by the tariff classification of sthe mixtures. be based on historic flat-rate estimates of raw sugar intended for
consumption.
Subsection II

Preferential impor t arrangements for sugar Article 154

Guaranteed price
Article 153
1. The guaranteed prices fixed for the ACP/Indian sugar shall
Traditional supply need for refining apply for import of standard quality raw and white sugar from:
1. Notwithstanding Article 52(1), a traditional supply need of
sugar for refining is fixed for the Community at 2 424 735 (a) the least developed countries under the arrangements
tonnes per marketing year, expressed in white sugar. referred to in Articles 12 and 13 of Council Regulation (EC)
No 980/2005 (1);
During the marketing year 2008/2009, the traditional supply
need shall be distributed as follows: (b) the States listed in Annex XIX for the complementary
quantity referred to in Article 153(4).
(a) 198 748 tonnes for Bulgaria;
2. Applications for import licences for sugar benefiting from a
(b) 296 627 tonnes for France;
guaranteed price shall be accompanied by an export licence
issued by the authorities of the exporting country certifying the
(c) 100 000 tonnes for Italy; compliance of the sugar with the rules provided for in the
agreements concerned.
(d) 291 633 tonnes for Portugal;

(e) 329 636 tonnes for Romania;

Article 155
(f) 19 585 tonnes for Slovenia;
Sugar Protocol commitments
(g) 59 925 tonnes for Finland;
The Commission may adopt measures to ensure that the ACP/
(h) 1 128 581 tonnes for the United Kingdom. Indian sugar is imported into the Community under the
conditions set out in Protocol 3 to Annex V to the ACP-EC
2. The traditional supply need referred to in the first Partnership Agreement and the Agreement on cane sugar
subparagraph of paragraph 1 shall be increased by 65 000 between the European Community and the Republic of India.
tonnes. This quantity shall concern raw cane sugar and shall be Those measures may, if necessary, derogate from Article 153 of
reserved for the marketing year 2008/2009 for the sole sugar this Regulation.
beet processing plant at work in 2005 in Portugal. That
processing plant is deemed to be a full time refiner. (1) OJ L 169, 30.6.2005, p. 1.
16.11.2007 EN Official Journal of the European Union L 299/55

Article 156 attestation issued by the authorities of the country of origin and
recognised as equivalent to the certificate referred to in
Implementing rules Article 117.

Detailed rules for the application of this Subsection shall be

In the case of hop powder, hop powder with higher lupulin
adopted by the Commission, in particular to comply with
content, extract of hops and mixed hop products, the attestation
international agreements. They may include amendments to
may be recognised as being equivalent to the certificate only if
Annex XIX.
the alpha acid content of these products is not lower than that of
the hops from which they have been prepared.
Subsection III
The equivalence of those attestations shall be verified in
Special provisions for impor ts of hemp accordance with detailed rules adopted by the Commission.

Article 157 Section V

Imports of hemp Safeguard and inward processing

1. The following products may be imported into the Commu-
nity only if the following conditions are met:
Article 159
(a) raw true hemp falling within CN code 5302 10 00 meeting
Safeguard measures
the conditions laid down in Article 52 of Regulation (EC)
No 1782/2003;
1. Safeguard measures against imports into the Community
shall be taken by the Commission, subject to paragraph 3 of this
(b) seeds of varieties of hemp falling within CN code Article, in accordance with Council Regulations (EC) No 519/
ex 1207 99 15 for sowing accompanied by proof that the 94 (1) and (EC) No 3285/94 (2).
tetrahydrocannabinol level does not exceed that fixed in
accordance with Article 52 of Regulation (EC) No 1782/
2003; 2. Save as otherwise provided for pursuant to any other act of
the Council, safeguard measures against imports into the
(c) hemp seeds other than for sowing, falling within CN code Community provided for in international agreements concluded
1207 99 91 imported only by importers authorised by the in accordance with Article 300 of the Treaty shall be taken by the
Member State in order to ensure that such seeds are not Commission in accordance with paragraph 3 of this Article.
intended for sowing.
3. Measures referred to in paragraphs 1 and 2 may be taken by
2. Without prejudice to any specific provisions which may be the Commission, without the assistance of the Committee
adopted by the Commission in accordance with Article 194, referred to in Article 195(1), at the request of a Member State or
imports into the Community of the products specified in on its own initiative. If the Commission receives a request from a
paragraph 1(a) and (b) of this Article shall be subject to checks to Member State, it shall take a decision thereon within five
determine whether the conditions provided for in paragraph 1 of working days following receipt of the request.
this Article are met.
The Member States shall be notified of such measures, which
3. This Article shall apply without prejudice to more restrictive shall be immediately applicable.
provisions adopted by Member States in compliance with the
Treaty and the obligations arising under the WTO Agreement on
Agriculture. Decisions taken by the Commission pursuant to paragraphs 1
and 2 may be referred to the Council by any Member State
within five working days of the date on which they were notified.
The Council shall meet without delay. It may, acting by qualified
Subsection IV
majority, amend or repeal the decision in question within one
month following the date on which it was referred to the
Special provisions for impor ts of hops
Council.

Article 158 4. Where the Commission considers that any safeguard

measure taken in accordance with paragraphs 1 or 2 should be
Imports of hops revoked or amended, it shall proceed as follows:

1. Products of the hops sector may be imported from third (a) where the measure was enacted by the Council, the
countries only if their quality standards are at least equivalent to Commission shall propose to the Council that it be
those adopted for like products harvested within the Community revoked or amended. The Council shall act by a qualified
or made from such products. majority;

2. Products shall be considered as being of the standard (1) OJ L 67, 10.3.1994, p. 89.
referred to in paragraph 1 if they are accompanied by an (2) OJ L 349, 31.12.1994, p. 53.
L 299/56 EN Official Journal of the European Union 16.11.2007

(b) in all other cases, Community safeguard measures shall be The Member States shall be notified of such measures, which
revoked or amended by the Commission without the shall be immediately applicable.
assistance of the Committee referred to in Article 195(1).

Measures decided on by the Commission pursuant to the first

Article 160 subparagraph may be referred to the Council by any Member
Suspension of inward processing arrangements State within five working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
1. Where the Community market is disturbed or is liable to be qualified majority, amend or repeal the measures in question
disturbed by inward processing arrangements, the Commission within one month following the date on which they were
may suspend, at the request of a Member State or on its own referred to the Council.
initiative, fully or partially the use of inward processing
arrangements for the products of the cereals, rice, sugar, olive
oil and table olives, beef and veal, milk and milk products, 2. To the extent necessary for the proper functioning of the
pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and CMO, the use of inward processing arrangements for the
agricultural ethyl alcohol sectors. If the Commission receives a products referred to in paragraph 1 may be fully or partially
request from a Member State, it shall take a decision thereon prohibited by the Council, acting in accordance with the
within five working days following receipt of the request. procedure laid down in Article 37(2) of the Treaty.

CHAPTER III

Exports

Section I When applying the first subparagraph, the Commission shall

take account of the need for export licences for the management
Export licences of the markets concerned and, in particular, for monitoring the
exports of the products in question.

Article 161 2. Articles 131 to 133 shall apply mutatis mutandis.

Export licences
3. The Commission shall adopt detailed rules for the
1. Without prejudice to cases where export licences are application of paragraphs 1 and 2, including the terms of
required in accordance with this Regulation, the Commission validity of the licences and the rate of security.
may make exports of one or more products of the following
sectors from the Community subject to presentation of an export
licence: Section II

(a) cereals; Export refunds

(b) rice;
Article 162
(c) sugar;
Scope of export refunds
(d) olive oil and table olives, with regard to olive oil referred to
in point (a) of Part VII of Annex I;
1. To the extent necessary to enable exports on the basis of
world market quotations or prices and within the limits resulting
(e) beef and veal; from agreements concluded in accordance with Article 300 of
the Treaty, the difference between those quotations or prices and
(f) milk and milk products; prices in the Community may be covered by export refunds for:

(g) pigmeat; (a) the products of the following sectors to be exported

without further processing:
(h) sheepmeat and goatmeat;
(i) cereals;
(i) eggs;
(ii) rice;
(j) poultrymeat;
(iii) sugar, with regard to the products listed in points (b),
(k) agricultural ethyl alcohol. (c), (d) and (g) of Part III of Annex I;
16.11.2007 EN Official Journal of the European Union L 299/57

(iv) beef and veal; Refunds may be fixed:

(v) milk and milk products;

(a) at regular intervals;
(vi) pigmeat;
(b) by invitation to tender for products in respect of which
(vii) eggs; provision was made for that procedure before the date of
application of this Regulation in accordance with Arti-
(viii) poultrymeat; cle 204(2).

(b) the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be Except where fixed by tender, the list of products on which an
exported in the form of goods listed in Annexes XX and export refund is granted and the amount of export refunds shall
XXI. be fixed at least once every three months. The amount of the
refund may, however, remain at the same level for more than
In the case of the milk and milk products exported in the form of three months and may, where necessary, be adjusted in the
products listed in Part IV of Annex XX, export refunds may only intervening period by the Commission, without the assistance of
be granted for products listed in points (a) to (e) and (g) of the Committee referred to in Article 195(1), either at the request
Part XVI of Annex I. of a Member State or on its own initiative.

2. Export refunds on products exported in the form of 3. One or more of the following aspects shall be taken into
processed goods listed in Annexes XX and XXI may not be account when refunds for a certain product are being fixed:
higher than those applicable to the same products exported
without further processing. (a) the existing situation and the future trend with regard to:

3. Insofar as is necessary to take account of the features of

production peculiar to certain spirit drinks obtained from — prices and availabilities of that product on the
cereals, the criteria for granting export refunds referred to in Community market,
paragraphs 1 and 2, and the procedure for verification, may be
adapted by the Commission to suit this particular situation. — prices for that product on the world market.

Article 163 (b) the aims of the common market organisation which are to
ensure equilibrium and the natural development of prices
Export refund distribution and trade on this market;

The quantities which may be exported with an export refund (c) the need to avoid disturbances likely to cause a prolonged
shall be allocated by the method which: imbalance between supply and demand on the Community
market;
(a) is most suited to the nature of the product and the situation
on the market in question, allowing the most efficient (d) the economic aspect of the proposed exports;
possible use of the resources available, account being taken
of the efficiency and structure of Community exports
without creating discrimination between the operators (e) the limits resulting from agreements concluded in
concerned and in particular between large and small accordance with Article 300 of the Treaty;
operators;
(f) the need to establish a balance between the use of
(b) is least cumbersome administratively for operators, account Community basic products in the manufacture of processed
being taken of administrative requirements; goods for export to third countries, and the use of third-
country products brought in under processing arrange-
(c) avoids any discrimination between the operators con- ments;
cerned.
(g) the most favourable marketing costs and transport costs
from Community markets to Community ports or other
Article 164 places of export together with forwarding costs to the
countries of destination;
Export refund fixation

1. Export refunds shall be the same for the whole Community. (h) demand on the Community market;
They may vary according to destination, especially where the
world market situation, the specific requirements of certain (i) in respect of the pigmeat, eggs and poultrymeat sectors, the
markets, or obligations resulting from agreements concluded in difference between prices within the Community and prices
accordance with Article 300 of the Treaty make this necessary. on the world market for the quantity of feed grain input
required for the production in the Community of the
2. Refunds shall be fixed by the Commission. products of those sectors.
L 299/58 EN Official Journal of the European Union 16.11.2007

4. A corrective amount applicable to the export refunds may (b) where appropriate, for the actual destination if this differs
be set by the Commission in respect of the cereals and rice from the destination indicated on the licence, in which case
sectors. However, where necessary, the Commission, without the the amount applicable shall not exceed the amount
assistance of the Committee referred to in Article 195(1), may applicable to the destination indicated on the licence.
amend the corrective amounts.

Appropriate measures may be taken by the Commission to

The first subparagraph may also be applied to products that are prevent abuse of the flexibility provided for in this paragraph.
exported in the form of goods listed in Annex XX.
3. By way of derogation from paragraph 1, the Commission
may decide that in the case of eggs for hatching and of day-old
Article 165 chicks export licences may be granted ex post.

Export refund for malt in storage 4. It may be decided, in accordance with the procedure referred
to in Article 16(2) of Council Regulation (EC) No 3448/93 (1), to
For the first three months of the marketing year, the refund apply paragraphs 1 and 2 to the goods referred to in Arti-
applicable to exports of malt in storage at the end of the previous cle 162(1)(b) of this Regulation.
marketing year or made from barley in stock at that time shall be
that which would have been applied in respect of the export
licence in question to exports during the last month of the 5. Derogations from paragraph 1 and 2 may be granted by the
preceding marketing year. Commission in the case of products on which export refunds are
paid under food-aid operations.

Article 166 6. The refund shall be paid upon submission of proof that:

Export refund adjustment for cereals (a) the products have been exported from the Community;

Unless otherwise provided for by the Commission, the refund on

products listed in points (a) and (b) of Part I of Annex I, (b) in the case of a differentiated refund, the products have
established in accordance with Article 167(2), shall be adjusted reached the destination indicated on the licence or another
by the Commission in line with the level of the monthly destination for which a refund was fixed, without prejudice
increases applicable to the intervention price and, where to point (b) of paragraph 2.
appropriate, changes in that price.
However, exceptions may be allowed by the Commission
provided that conditions are laid down which offer equivalent
The first paragraph may be applied, in whole or in part, to guarantees.
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 XX. In that case, the 7. Further conditions for the granting of export refunds may be
adjustment referred to in the first subparagraph shall be established by the Commission for one or more products. They
corrected by applying to the monthly increase a coefficient may include:
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. (a) that refunds are only paid for products of Community
origin;

Article 167 (b) that the amount of refunds for imported products shall be
limited to the duties collected on importation where those
Granting of export refund duties are lower than the refund applicable.

1. Refunds on products listed in Article 162(1)(a) exported as

such without further processing shall only be granted on Article 168
application and on presentation of an export licence.
Export refunds for live animals in the beef and veal sector
2. The refund applicable to products referred to in paragraph 1
shall be that applicable on the day of application for the licence With regard to products of the beef and veal sector, the granting
or, as the case may be, that resulting from the tender procedure and the payment of the refund for exports of live animals shall
concerned and, in the case of a differentiated refund, that be subject to compliance with the provisions established in
applicable on the same day: Community legislation concerning animal welfare and, in
particular, the protection of animals during transport.

(a) for the destination indicated on the licence, or (1) OJ L 318, 20.12.1993, p. 18.
16.11.2007 EN Official Journal of the European Union L 299/59

Article 169 between the operators concerned and which guarantees the full
use of the possibilities available under the quota concerned, by
Export limits applying one of the following methods or a combination of
them or another appropriate method:
Observance of the volume commitments resulting from the
agreements concluded in accordance with Article 300 of the (a) a method based on the chronological order of the lodging
Treaty shall be ensured on the basis of export licences issued for of applications (‘first come, first served’ principle);
the reference periods which apply to the products concerned.
With regard to compliance with the obligations arising under the
(b) a method of distribution in proportion to the quantities
WTO Agreement on Agriculture, the ending of a reference
requested when the applications were lodged (using the
period shall not affect the validity of export licences.
‘simultaneous examination method’);

(c) a method based on taking traditional trade patterns into

Article 170 account (using the ‘traditional/new arrival method’).
Implementing rules

Detailed rules for the application of this Section shall be adopted Section IV
by the Commission, in particular:
Special import treatment by third countries
(a) on the redistribution of exportable quantities which have
not been allocated or utilised;
Article 172
(b) governing the quality and other specific requirements and
conditions of the products eligible for an export refund; Certificates for products benefiting from a special import
treatment in a third country
(c) for monitoring whether operations conferring entitlement
to the payment of refunds and all other amounts in respect 1. When products are exported which may, in accordance with
of export transactions have actually been carried out and agreements concluded by the Community in accordance with
executed correctly, including physical checks and document Article 300 of the Treaty, benefit from a special treatment on
scrutiny. 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
Any necessary amendments to Annex XX shall be made by the
certifying that the conditions are met.
Commission taking into account the criteria referred to in the
first subparagraph of Article 8(2) of Regulation (EC) No 3448/
93. 2. Detailed rules for the application of this Article shall be
adopted by the Commission.
However, the detailed rules for the application of Article 167 for
products referred to in Article 162(1)(b) shall be adopted in
accordance with the procedure referred to in Article 16(2) of Section V
Regulation (EC) No 3448/93.
Special provisions for live plants

Section III
Article 173
Export quota management in the milk and
milk products sector
Minimum export prices

1. For each of the products of the live plants sector falling

Article 171
within CN code 0601 10, one or more minimum prices for
exports to third countries may be fixed by the Commission each
Management of tariff quotas opened by third countries year in good time before the marketing season.

1. With regard to milk and milk products, where an agreement

concluded in accordance with Article 300 of the Treaty provides Exportation of such products shall be permitted only at a price
for the total or partial management of a tariff quota opened by a equal to or above the minimum price fixed for the product in
third country, the management method to be applied and question.
detailed rules relating to that method shall be adopted by the
Commission.
2. Detailed rules for the application of paragraph 1 shall be
adopted by the Commission having regard to the obligations
2. The tariff quotas referred to in paragraph 1 shall be arising from agreements concluded in accordance with Arti-
administered in a manner which avoids any discrimination cle 300(2) of the Treaty.
L 299/60 EN Official Journal of the European Union 16.11.2007

Section VI The Member States shall be notified of such measures, which

shall be immediately applicable.
Outward processing

Measures decided on by the Commission pursuant to the first

Article 174 subparagraph may be referred to the Council by any Member
State within five working days of the date on which they were
Suspension of outward processing arrangements notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
1. Where the Community market is disturbed or is liable to be within one month following the date on which they were
disturbed by outward processing arrangements, the Commission referred to the Council.
may suspend at the request of a Member State or on its own
initiative fully or partially the use of outward processing
arrangements for the products of the cereals, rice, beef and veal, 2. To the extent necessary for the proper functioning of the
pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the CMO, the use of outward processing arrangements for the
Commission receives a request from a Member State, it shall take products referred to in paragraph 1 may be fully or partially
a decision thereon within five working days following receipt of prohibited by the Council, acting in accordance with the
the request. procedure laid down in Article 37(2) of the Treaty.

PART IV

COMPETITION RULES

CHAPTER I

Rules applying to undertakings

Article 175 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,
Application of Articles 81 to 86 of the Treaty
the Commission shall have sole power, subject to review by the
Court of Justice, to determine, by a decision which shall be
Save as otherwise provided for in this Regulation, Articles 81 to published, which agreements, decisions and practices fulfil the
86 of the Treaty and the implementation provisions thereof shall, conditions specified in paragraph 1.
subject to Article 176 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 The Commission shall undertake such determination either on
referred to in points (a) to (h), point (k) and points (m) to (u) of its own initiative or at the request of a competent authority of a
Article 1(1) and in Article 1(3) of this Regulation. Member State or of an interested undertaking or association of
undertakings.

Article 176 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
Exceptions
legitimate interest of undertakings in the protection of their
business secrets.
1. Article 81(1) of the Treaty shall not apply to the agreements,
decisions and practices referred to in Article 175 of this
Regulation which are an integral part of a national market
organisation or are necessary for the attainment of the objectives Article 177
set out in Article 33 of the Treaty.

Agreements and concerted practices in the tobacco sector

In particular, Article 81(1) of the Treaty shall not apply to
agreements, decisions and practices of farmers, farmers' associa- 1. Article 81(1) of the Treaty shall not apply to the agreements
tions, or associations of such associations belonging to a single and concerted practices of recognised interbranch organisations
Member State which concern the production or sale of in the tobacco sector, intended to implement the aims referred to
agricultural products or the use of joint facilities for the storage, in Article 123(c) of this Regulation provided that:
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 (a) the agreements and concerted practices have been notified
the objectives of Article 33 of the Treaty are jeopardised. to the Commission;
16.11.2007 EN Official Journal of the European Union L 299/61

(b) the Commission, acting within three months of receipt of Article 178
all the details required, has not found that those agreements
or concerted practices are incompatible with Community Binding effect of agreements and concerted practices on
competition rules. non-members in the tobacco sector
1. Interbranch organisations in the tobacco sector may request
The agreements and concerted practices may not be implemen- that certain of their agreements or concerted practices be made
ted during that three-month period. 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
2. Agreements and concerted practices shall be declared branches operate.
contrary to Community competition rules in the following cases
where:
In order for their rules to be extended, interbranch organisations
shall represent at least two thirds of the production and/or the
(a) they may lead to the partitioning of markets in any form trade concerned. Where the proposed extension of the rules is of
within the Community; 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.
(b) they may affect the sound operation of the market
organisation;
2. The rules for which an extension of scope is requested shall
have been in force for at least one year and shall relate to one of
(c) they may create distortions of competition which are not the following objectives:
essential to achieving the objectives of the common
agricultural policy pursued by the interbranch organisation (a) knowledge of production and the market;
measure;
(b) definition of minimum qualities;
(d) they entail the fixing of prices or quotas, without prejudice
to measures taken by interbranch organisations in the (c) use of cultivation methods compatible with the protection
application of specific provisions of Community rules; of the environment;

(e) they may create discrimination or eliminate competition in (d) definition of minimum standards of packing and presenta-
respect of a substantial proportion of the products in tion;
question.
(e) use of certified seed and monitoring of product quality.
3. If, following expiry of the three-month period referred to in
point (b) of paragraph 1, the Commission finds that the 3. Extension of the rules shall be subject to approval by the
conditions for applying this Chapter have not been met, it shall Commission.
without the assistance of the Committee referred to in
Article 195(1), take a decision declaring that Article 81(1) of
the Treaty applies to the agreement or concerted practice in Article 179
question.
Implementing rules in respect of agreements and concerted
practices in the tobacco sector
That decision shall not apply earlier than the date of notification
to the interbranch organisation concerned, unless that inter- The Commission shall lay down the detailed rules for the
branch organisation has given incorrect information or misused application of Articles 177 and 178 including the rules
the exemption provided for in paragraph 1. concerning notifications and publication.

CHAPTER II

State Aid rules

Article 180 Article 181

Application of Articles 87, 88 and 89 of the Treaty

Specific provisions for the milk and milk products sector
Save as otherwise provided for in this Regulation, and in
particular with the exception of the State aids referred to in
Article 182 of this Regulation, Articles 87, 88 and 89 of the
Treaty shall apply to the production of and trade in the products Subject to Article 87(2) of the Treaty, aids the amount of which
referred to in points (a) to (h), point (k) and points (m) to (u) of is fixed on the basis of the price or quantity of products listed in
Article 1(1) and in Article 1(3) of this Regulation. Part XVI of Annex I of this Regulation shall be prohibited.
L 299/62 EN Official Journal of the European Union 16.11.2007

National measures permitting equalisation between the prices of basis of an application by any Member State concerned, decide
products listed in Part XVI of Annex I of this Regulation shall on the total amount of the State aid available for this measure.
also be prohibited.
For Italy, the temporary aid referred to in the first subparagraph
shall not exceed a total of EUR 11 per marketing year per tonne
Article 182 of sugar beet to be granted to sugar beet growers and for the
transport of sugar beet.
Specific national provisions

1. Subject to Commission authorisation, aids for the produc- Finland may grant aid up to EUR 350 per hectare per marketing
tion and marketing of reindeer and reindeer products (CN year to sugar beet growers.
ex 0208 and ex 0210) may be granted by Finland and Sweden
insofar as they do not entail any increase in traditional levels of The Member States concerned shall inform the Commission
production. within 30 days of the end of each marketing year of the amount
of State aid actually granted in that marketing year.
2. Subject to Commission authorisation, Finland may grant aid
respectively for certain quantities of seeds and for certain 4. Without prejudice to the application of Article 88(1) and of
quantities of cereal seed produced solely in Finland, because of its the first sentence of Article 88(3) of the Treaty, until
specific climatic conditions. 31 December 2010, Germany may grant aid in the framework
of the German Alcohol Monopoly for products marketed, after
3. Member States which reduce their sugar quota by more than further transformation, by the Monopoly, as ethyl alcohol of
50 % of the sugar quota fixed on 20 February 2006 in Annex III agricultural origin listed in Annex I to the Treaty. The total
to Regulation (EC) No 318/2006 may grant temporary State aid amount of this aid shall not exceed EUR 110 million per year.
during the period for which the transitional aid for beet growers
is being paid in accordance with Chapter 10f of Title IV of Germany shall present before 30 June each year, a report to the
Regulation (EC) No 1782/2003. The Commission shall, on the Commission on the functioning of the system.

PART V

SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS

Article 183 the savings of fossil fuels achieved. The report shall be
accompanied, if necessary, by appropriate proposals;

Promotional levy in the milk and milk products sector

2) every three years and for the first time by 31 December

Without prejudice to the application of Articles 87, 88 and 89 of 2010 to the European Parliament and the Council on the
the Treaty as provided for in Article 180 of this Regulation, a implementation of the measures concerning the apiculture
Member State may impose a promotional levy on its milk sector set out in Section VI of Chapter IV of Title I of Part II;
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. 3) before 31 December 2009 to the European Parliament and
the Council on the application of the derogation provided
for in Article 182(4) in respect of the German Alcohol
Monopoly, including an evaluation of the aids granted in
the framework of that Monopoly, together with any
appropriate proposals.
Article 184

Reporting in respect of certain sectors

Article 185
The Commission shall present a report:

Registration of contracts in the hops sector

1) to the Council before 30 September 2008 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 1. Any contract to supply hops produced within the Commu-
and other green fodder, the production of dried fodder and nity concluded between a producer or producer organisation on
16.11.2007 EN Official Journal of the European Union L 299/63

the one hand and a buyer on the other shall be registered by the (b) having regard to the obligations arising from agreements
bodies designated for that purpose by each producer Member concluded in accordance with Article 300(2) of the Treaty.
State concerned.

2. Contracts relating to the supply of specific quantities at 2. Detailed rules for the application of Articles 186 and 187
agreed prices for a period covering one or more harvests and may be adopted by the Commission.
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.
Article 189
3. The data on which registration is based may be used only for
the purposes of this Regulation.
Communications in the ethyl alcohol sector

4. The Commission shall lay down the detailed rules concern-

ing the registration of contracts to supply hops. 1. As regards the products of the ethyl alcohol sector, the
Member States shall communicate to the Commission the
following information:
Article 186
(a) the production of ethyl alcohol of agricultural origin
Disturbances as regards internal market prices expressed as hectolitres of pure alcohol, broken down by
alcohol-producing product used;
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 (b) the volume of ethyl alcohol of agricultural origin disposed
markets: of, expressed as hectolitres of pure alcohol, broken down by
sector of destination;
(a) with regard to the products of the sugar, hops, beef and veal
and sheepmeat and goatmeat sectors, where the prices on
the Community market for any of those products rise or fall (c) the stocks of ethyl alcohol of agricultural origin available in
significantly; the Member State at the end of the previous year;

(b) with regard to the products of the pigmeat, eggs and (d) forecast production for the current year.
poultrymeat sectors and, with regard to olive oil, where the
prices on the Community market for any of those products
rise significantly.
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.
Article 187

Disturbances caused by quotations or prices on the world

market 2. On the basis of the information referred to in paragraph 1
and of any other information available, the Commission without
Where, with regard to the products of the cereals, rice, sugar and the assistance of the Committee referred to in Article 195(1),
milk and milk products sectors, the quotations or prices on the shall draw up a Community balance for the market in ethyl
world market of one or more products reach a level that disrupts alcohol of agricultural origin for the previous year and an
or threatens to disrupt the availability of supply on the estimated balance for the current year.
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 The Community balance shall also contain information on ethyl
import duties in whole or in part for certain quantities. alcohol of non-agricultural origin. The precise content and
means of collecting such information shall be laid down by the
Commission.
Article 188

Conditions for measures to be applied in cases of For the purposes of this paragraph, ‘ethyl alcohol of non-
disturbances and implementing rules agricultural origin’ shall mean products falling within CN codes
2207, 2208 90 91 and 2208 90 99 not obtained from a specific
1. The measures provided for in Articles 186 and 187 may be agricultural product listed in Annex I to the Treaty.
adopted:

(a) provided that any other measures available under this 3. The Commission shall notify the Member States of the
Regulation appear insufficient; balances referred to in paragraph 2.
L 299/64 EN Official Journal of the European Union 16.11.2007

PART VI

GENERAL PROVISIONS

Article 190 Article 193

Financial provisions Circumvention clause

Regulation (EC) No 1290/2005 and the provisions adopted for Without prejudice to any specific provisions, no advantage
the implementation thereof shall apply to the expenditure provided for under this Regulation shall be granted in favour of a
incurred by the Member States in carrying out obligations under natural or legal person in respect of whom it is established that
this Regulation. the conditions required for obtaining such advantages were
created artificially, contrary to the objectives of this Regulation.
Article 191
Article 194
Emergency

The Commission shall adopt the measures which are both Controls and administrative measures and administrative
necessary and justifiable in an emergency, in order to resolve penalties and their reporting
specific practical problems.
The Commission shall determine:
Such measures may derogate from provisions of this Regulation,
but only to the extent that, and for such a period, as is strictly (a) the rules concerning administrative and physical controls to
necessary. be conducted by the Member States with regard to the
respect of obligations resulting from the application of this
Regulation;
Article 192
(b) a system for the application of administrative measures and
Exchange of information between the Member States and administrative penalties where non-compliance with any of
the Commission the obligations resulting from the application of this
Regulation is found;
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 (c) the rules regarding the recovery of undue payments
complying with the international obligations concerning the resulting from the application of this Regulation;
products referred to in Article 1.
(d) the rules on the reporting of the controls carried out and
2. The Commission shall adopt detailed rules to determine their results.
what information is necessary for the application of paragraph 1,
as well as those on its form, content, timing and deadlines and The administrative penalties referred to in point (b) shall be
on arrangements for transmitting or making available informa- graduated according to the severity, extent, permanence and
tion and documents. repetition of the non-compliance found.

PART VII

IMPLEMENTING, TRANSITIONAL AND FINAL RULES

CHAPTER I

Implementing provisions

Article 195 The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.
Committee
Article 196
1. The Commission shall be assisted by the Management
Committee for the Common Organisation of Agricultural Organisation of the Committee
Markets (hereinafter referred to as the Committee).
The organisation of meetings of the Committee referred to in
Article 195 shall take into account, in particular, the scope of its
2. Where reference is made to this paragraph, Articles 4 and 7 responsibilities, the specificities of the subject to be dealt with,
of Decision 1999/468/EC shall apply. and the need to involve appropriate expertise.
16.11.2007 EN Official Journal of the European Union L 299/65

CHAPTER II
Transitional and final provisions

Article 197 3. The first subparagraph of Article 2(1) shall be replaced by

the following:
Amendments to Regulation (EC) No 1493/1999 ‘1. Article 81(1) of the Treaty shall not apply to those
agreements, decisions and practices referred to in Article 1a
Articles 74 to 76 of Regulation (EC) No 1493/1999 shall be of this Regulation which form an integral part of a national
deleted. market organisation or are necessary for attainment of the
objectives set out in Article 33 of the Treaty.’;

Article 198 4. Article 3 shall be replaced by the following:

Amendments to Regulation (EC) No 2200/96

Articles 46 and 47 of Regulation (EC) No 2200/96 shall be ‘Article 3

deleted.
Article 88(1) and of the first sentence of Article 88(3) of
the Treaty shall apply to aid granted for the production of,
Article 199 or trade in, the products referred to in Article 1.’.

Amendments to Regulation (EC) No 2201/96

Articles 29 and 30 of Regulation (EC) No 2201/96 shall be Article 201

deleted.
Repeals

Article 200 1. Subject to paragraph 3, the following Regulations shall be

repealed:
Amendments to Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006 shall be amended as follows: (a) Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC)
No 2517/69, (EEC) No 2728/75, (EEC) No 1055/77, (EEC)
No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC)
1. The title shall be replaced by the following: No 4088/87, (EEC) No 404/93, (EC) No 670/2003 and
(EC) No 797/2004, as from 1 January 2008;
‘Council Regulation (EC) No 1184/2006 of 24 July 2006
applying certain rules of competition to the production of (b) Regulations (EEC) No 707/76, (EC) No 1786/2003, (EC)
and trade in certain agricultural products’; No 1788/2003 and (EC) No 1544/2006 as from 1 April
2008;
2. Article 1 shall be replaced by the following:
(c) Regulations (EEC) No 315/68, (EEC) No 316/68, (EEC)
‘Article 1 No 2729/75, (EEC) No 2759/75, (EEC) No 2763/75, (EEC)
No 2771/75, (EEC) No 2777/75, (EEC) No 2782/75, (EEC)
This Regulation shall lay down the rules to be applied as No 1898/87, (EEC) No 1906/90, (EEC) No 2204/90, (EEC)
regards the applicability of Articles 81 to 86 and certain No 2075/92, (EEC) No 2077/92, (EEC) No 2991/94, (EC)
provisions of Article 88 of the Treaty in relation to No 2597/97, (EC) No 1254/1999, (EC) No 1255/1999,
production of, or trade in, the products listed in Annex I to (EC) No 2250/1999, (EC) No 1673/2000, (EC) No 2529/
the Treaty with the exception of the products referred to in 2001, (EC) No 1784/2003, (EC) No 865/2004 and (EC)
points (a) to (h), point (k) and points (m) to (u) of Article 1 No 1947/2005 (EC) No 1952/2005 and (EC) No 1028/
(1) and in Article 1(3) of Council Regulation (EC) No 1234/ 2006, as from 1 July 2008;
2007 (*).
(d) Regulation (EC) No 1785/2003 as from 1 September 2008;
Article 1a
(e) Regulation (EC) No 318/2006 as from 1 October 2008;
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 (f) Regulations (EEC) No 3220/84, (EEC) No 386/90, (EEC)
referred to in Articles 81(1) and 82 of the Treaty which No 1186/90, (EEC) No 2137/92, and (EC) No 1183/2006
relate to the production of, or trade in, the products as from 1 January 2009.
referred to in Article 1.
2. Decision 74/583/EEC shall be repealed as from 1 January
(*) OJ L 299, 16.11.2007, p. 1.’; 2008.
L 299/66 EN Official Journal of the European Union 16.11.2007

3. The repeal of the Regulations referred to in paragraph 1 shall However, it shall apply:
be without prejudice to:
(a) as regards the cereals, seeds, hops, olive oil and table olives,
(a) the maintenance in force of Community acts adopted on flax and hemp, raw tobacco, beef and veal, pigmeat,
the basis of those Regulations; and sheepmeat and goatmeat, eggs and poultrymeat sectors,
from 1 July 2008;
(b) the continuing validity of amendments made by those
Regulations to other acts of Community law that are not (b) as regards the rice sector, from 1 September 2008;
repealed by this Regulation.
(c) as regards the sugar sector, from 1 October 2008 with the
exception of Article 59 which shall apply as from 1 January
Article 202 2008;

Construction of references (d) as regards the dried fodder and the silkworm sectors, from
1 April 2008;
References to the provisions and Regulations which are amended
or repealed by Articles 197 to 201 shall be construed as (e) as regards the wine sector as well as Article 197, from
references to this Regulation and shall be read in accordance with 1 August 2008;
the correlation tables set out in Annex XXII.
(f) as regards the milk and milk products sector, with the
exception of the provisions set out in Chapter III of Title I
Article 203 of Part II, from 1 July 2008;

Transitional rules (g) as regards the system of milk production limitation

established in Chapter III of Title I of Part II, from 1 April
The Commission may adopt the measures required to facilitate 2008;
the transition from the arrangements provided for in the
Regulations which are amended or repealed by Articles 197 to (h) as regards the Community scales for carcass classification
201 to those established by this Regulation. referred to in Article 42(1), from 1 January 2009.

Articles 27, 39 and 172 shall apply from 1 January 2008 and
Article 204 Articles 149 to 152 from 1 July 2008 for all the products
concerned.
Entry into force
3. As regards the sugar sector, Title I of Part II shall apply until
1. This Regulation shall enter into force on the seventh day the end of the marketing year 2014/2015 for sugar.
following its publication in the Official Journal of the European
Union. 4. The provisions related to the system of milk production
limitation established in Chapter III of Title I of Part II shall, in
2. It shall apply from 1 January 2008. accordance with Article 66, apply until 31 March 2015.

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

Done at Luxembourg, 22 October 2007.

For the Council

The President
J. SILVA
16.11.2007 EN Official Journal of the European Union L 299/67

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
L 299/68 EN Official Journal of the European Union 16.11.2007

CN code Description

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:
– Other
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 – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup
2309 10 13 of subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and
2309 10 31 2106 90 55 or milk products (1) except preparations and feedingstuffs contain-
ing 50 % or more by weight of milk products
2309 10 33
2309 10 51
2309 10 53
16.11.2007 EN Official Journal of the European Union L 299/69

CN code Description
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 – – Other, containing starch, glucose, glucose syrup, maltodextrine syrup of
2309 90 33 subheadings 1702 30 51 to 1702 30 99, 1702 40 90, 1702 90 50 and
2309 90 41 2106 90 55, or milk products (1), excluding preparations and feedingstuffs
containing 50 % or more by weight of milk products
2309 90 43
2309 90 51
2309 90 53
(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 Rice in the husk (paddy or rough), other than for sowing
1006 10 98
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 Other sugars in solid form and sugar syrups, not containing added flavouring or
1702 90 99 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 Isoglucose
1702 40 10
1702 60 10
1702 90 30
L 299/70 EN Official Journal of the European Union 16.11.2007

CN code Description
(e) 1702 60 80 Inulin syrup
1702 90 80
(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
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
16.11.2007 EN Official Journal of the European Union L 299/71

CN code Description
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 and Rape or colza seeds, whether or not broken, for sowing
ex 1205 90 00 – Other
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
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
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
L 299/72 EN Official Journal of the European Union 16.11.2007

CN code Description
(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 Residues resulting from the treatment of fatty substances or animal or vegetable
1522 00 39 waxes containing oil having the characteristics of olive oil
2306 90 11 Oil-cake and other residues resulting from the extractions of olive oil
2306 90 19

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
16.11.2007 EN Official Journal of the European Union L 299/73

CN code Description

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 Mixtures exclusively of dried nuts of headings 0801 and 0802
0813 50 39
0910 20 Saffron
ex 0910 99 Thyme, fresh or chilled
ex 1211 90 85 Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh
or chilled
1212 99 30 Locust (or carob) beans

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 by 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 provisionally preserved 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
L 299/74 EN Official Journal of the European Union 16.11.2007

CN Code Description

(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, being
cooked preparations, 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
16.11.2007 EN Official Journal of the European Union L 299/75

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 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 Jams, jellies, marmalades, purées and pastes of bananas
ex 2007 99 57
ex 2007 99 98
ex 2008 92 59 Mixtures containing bananas otherwise prepared or preserved, not containing added
ex 2008 92 78 spirit
ex 2008 92 93
ex 2008 92 98
ex 2008 99 49 Bananas otherwise prepared or preserved
ex 2008 99 67
ex 2008 99 99
ex 2009 80 35 Banana juice
ex 2009 80 38
ex 2009 80 79
ex 2009 80 86
ex 2009 80 89
ex 2009 80 99

Part XII: Wine

As regards wine, this Regulation shall cover the products listed in the following table:

CN code Description

(a) 2009 61 Grape juice (including grape must)

2009 69
2204 30 92 Other grape musts, other than those in fermentation or with fermentation arrested
2204 30 94 otherwise than by the addition of alcohol
2204 30 96
2204 30 98
(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 Wine vinegar
2209 00 19
(d) 2206 00 10 Piquette
2307 00 11 Wine lees
2307 00 19
2308 00 11 Grape marc
2308 00 19
L 299/76 EN Official Journal of the European Union 16.11.2007

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 of the Combined Nomenclature.

Part XV: Beef and veal

As regards beef and veal, this Regulation shall cover the products listed in the following table:

CN code Description
(a) 0102 90 05 to Live animals of the domestic bovine species, other than pure-bred breeding animals
0102 90 79
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,
0206 10 99 other than for the manufacture of pharmaceutical products
0206 21 00 Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than
0206 22 00 for the manufacture of pharmaceutical products
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 other than those of heading 1503
1602 50 31 to Other prepared or preserved meat or meat offal, of bovine animals, other than
1602 50 80 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
(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
16.11.2007 EN Official Journal of the European Union L 299/77

CN code Description

(c) 0403 10 11 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified
to 0403 10 39 milk and cream, whether or not concentrated or containing added sugar or other
0403 90 11 sweetening matter not flavoured nor containing added fruit, nuts or cocoa
to 0403 90 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 Regulation (EC) No 1667/2006, 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

(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 or otherwise extracted, 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 Pig fat (including lard)

1501 00 19

(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 Other preparations and preserves containing meat or offal of domestic swine
1602 42 10
1602 49 11 to
1602 49 50

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
L 299/78 EN Official Journal of the European Union 16.11.2007

Part XVIII: Sheepmeat and goatmeat

As regards sheepmeat and goatmeat, this Regulation shall cover the products listed in the following table:

CN code Description
(a) 0104 10 30 Lambs (up to one year old)
0104 10 80 Live sheep other than pure-bred breeding animals and lambs
0104 20 90 Live goats other than pure-bred breeding animals
0204 Meat of sheep or goats, fresh, chilled or frozen
0210 99 21 Meat of sheep and goats, with bone in, salted, in brine, dried or smoked
0210 99 29 Meat of sheep and goats, boneless, salted, in brine, dried or smoked
(b) 0104 10 10 Live sheep — pure-bred breeding animals
0104 20 10 Live goats — pure-bred breeding animals
0206 80 99 Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of
pharmaceutical products
0206 90 99 Edible offal of sheep and goats, frozen, other than for the manufacture of
pharmaceutical products
0210 99 60 Edible offal of sheep and goats, salted, in brine, dried or smoked
ex 1502 00 90 Fats of sheep or goats, other than those of 1503
(c) 1602 90 72 Other prepared or preserved meat or meat offal of sheep or goats, uncooked;
1602 90 74 mixtures of cooked and uncooked meat or offal
(d) 1602 90 76 Other prepared or preserved meat or meat offal of sheep or goats, other than
1602 90 78 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 Poultry eggs, in shell, fresh, preserved or cooked
0407 00 19
0407 00 30
(b) 0408 11 80 Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling
0408 19 81 in water, moulded, frozen or otherwise preserved, whether or not containing added
0408 19 89 sugar or other sweetening matter, other than unfit for human consumption
0408 91 80
0408 99 80

Part XX: Poultrymeat

As regards poultrymeat, this Regulation shall cover the products listed in the following table:

CN code Description
(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)
16.11.2007 EN Official Journal of the European Union L 299/79

CN code Description

(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 or otherwise extracted, 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
L 299/80 EN Official Journal of the European Union 16.11.2007

CN code Description

ex 0203 Meat of swine, fresh, chilled or frozen:

– Fresh or chilled:
ex 0203 11 – – Carcasses and half-carcasses:
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 – – Carcasses and half-carcasses:
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 asses, mules or hinnies, fresh, chilled or 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 (c)
ex 0206 29 – – Other:
0206 29 10 – – – For the manufacture of pharmaceutical products (c)
ex 0206 30 00 – Of swine, fresh or chilled:
– – For the manufacture of pharmaceutical products (c)
– – Other:
– – – other than of domestic swine
– Of swine, frozen:
ex 0206 41 00 – – Livers:
– – – For the manufacture of pharmaceutical products (c)
– – – Other:
– – – – other than of domestic swine
ex 0206 49 – – Other:
ex 0206 49 20 – – – Of domestic swine:
– – – – For the manufacture of pharmaceutical products (c)
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:
16.11.2007 EN Official Journal of the European Union L 299/81

CN code Description

0206 90 91 – – – Of horses, asses, mules and hinnies

0208 Other meat and edible meat offal, fresh, chilled or frozen
ex 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
L 299/82 EN Official Journal of the European Union 16.11.2007

CN code Description

ex 0511 99 – – Other:
0511 99 31 – – – natural sponges of animal origin
and
0511 99 39 – – – Other
0511 99 85

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
ex 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
ex 0802 Other nuts, fresh or dried, whether or not shelled or peeled:
ex 0802 90 – Other:
16.11.2007 EN Official Journal of the European Union L 299/83

CN code Description

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

ex 0910 Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and
saffron

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

1201 00 90 Soya beans, whether or not broken, other than for sowing

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

1204 00 90 Linseed, whether or not broken, other than for sowing

1205 10 90 and Rape or colza seeds, whether or not broken, other than for sowing
ex 1205 90 00

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:
L 299/84 EN Official Journal of the European Union 16.11.2007

CN code Description

ex 1212 20 00 – Seaweeds and other algae used primarily in pharmacy or for human consumption

– Other:

ex 1212 99 – – Other than sugar cane :

1212 99 41 – – – Locust bean seeds

and 1212 99 49

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 00 – Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or 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
1518 00 39 manufacture of foodstuffs for human consumption (c)

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
16.11.2007 EN Official Journal of the European Union L 299/85

CN code Description

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 99 – 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 – Other than piquette
2206 00 89
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 2306 Oilcake and other solid residues, whether or not ground or in the form of pellets,
resulting from the extraction of vegetable fats or oils, other than those of heading
2304 or 2305 with the exception of CN subheading 2306 90 05 (oilcake and other
solid residues resulting from the extraction of maize (corn) germ) and 2306 90 11
and 2306 90 19 (oilcake and other solid residues resulting from the extraction of
olive oil)
L 299/86 EN Official Journal of the European Union 16.11.2007

CN code Description

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 – – – Other than containing starch, glucose, glucose syrup, maltodextrine or
2309 90 99 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.
16.11.2007 EN Official Journal of the European Union L 299/87

ANNEX II

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3)

Part I: Ethyl alcohol of agricultural origin

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 Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol.
and obtained from the agricultural products listed in Annex I to the Treaty
ex 2208 90 99

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

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 and propolis, edible
ex 0511 99 85 Royal jelly and propolis, non-edible
ex 1212 99 70 Pollen
ex 1521 90 Beeswax

Part III: Silkworms

As regards silkworms, this Regulation shall cover silkworms falling within CN subheading ex 0106 90 00 and silkworm
eggs falling within CN subheading ex 0511 99 85.
L 299/88 EN Official Journal of the European Union 16.11.2007

ANNEX III

DEFINITIONS REFERRED TO IN ARTICLE 2(1)

Part I: Definitions concerning the rice sector

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’ means grains from which only part of the end has been removed, irrespective of characteristics
produced at each stage of milling.

B. ‘Clipped grains’ means grains from which the entire end has been removed.

C. ‘Broken grains or fragments’ means 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’),
16.11.2007 EN Official Journal of the European Union L 299/89

— 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’ means grains which are not fully ripened.

E. ‘Grains showing natural malformation’ means grains showing a natural malformation whether or not of
hereditary origin, as compared with the morphological characteristics typical of the variety.

F. ‘Chalky grains’ means grains at least three-quarters of the surface of which looks opaque and chalky.

G. ‘Grains striated with red’ means grains showing longitudinal red striations of differing intensity and shades, due
to residues from the pericarp.

H. ‘Spotted grains’ means 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’ means 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’ means 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’ means 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 62(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 62(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);
L 299/90 EN Official Journal of the European Union 16.11.2007

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 XIX 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 ( 1);

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.

(1) OJ L 190, 23.7.1975, p. 36.

16.11.2007 EN Official Journal of the European Union L 299/91

Part V: Definitions concerning the milk and milk products 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 119 concerning the use of casein and caseinates in the manufacture of
cheese:

(a) ‘cheese’ means products covered by CN code 0406 and manufactured within the Community territory;

(b) ‘casein and caseinates’ means 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 poultrymeat 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;

(e) products specified in points (d) and (e) of Part XX of Annex I;

(f) 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.
L 299/92 EN Official Journal of the European Union 16.11.2007

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 oC;

(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.

16.11.2007 EN Official Journal of the European Union L 299/93

ANNEX IV

STANDARD QUALITY OF RICE AND SUGAR

A. Standard quality for paddy rice

Paddy rice of standard quality shall:

(a) be of a sound and fair marketable quality, free of odour;

(b) contain a moisture content of maximum 13 %;

(c) have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of
which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:

chalky grains of paddy rice under CN codes CN 1006 10 27 and CN 1006 10 98 1,5 %
chalky grains of paddy rice under CN codes other than CN 1006 10 27 and CN
1006 10 98: 2,0 %
grains striated with red 1,0 %
spotted grains 0,50 %
stained grains 0,25 %
yellow grains 0,02 %
amber grains 0,05 %

B. Standard qualities for sugar

I. Standard quality for sugar beet

Standard quality beet shall:

(a) be of sound and fair merchantable quality;

(b) have a sugar content of 16 % at the reception point.

II. Standard quality for white sugar

1. White sugar of the standard quality shall have the following characteristics:

(a) be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-
flowing;

(b) minimum polarisation: 99,7;

(c) maximum moisture content: 0,06 %;

(d) maximum invert sugar content: 0,04 %;

(e) the number of points determined under paragraph 2 shall not exceed a total of 22, nor:

— 15 for the ash content,

— 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural
Technology (hereinafter referred to as the Brunswick method),

— 6 for the colouring of the solution, determined using the method of the International
Commission for Uniform Methods of Sugar Analysis (hereinafter referred to as the ICUMSA
method).
L 299/94 EN Official Journal of the European Union 16.11.2007

2. One point shall correspond to:

(a) 0,0018 % of ash content determined using the ICUMSA method at 28 o Brix,

(b) 0,5 units of colour type determined using the Brunswick method,

(c) 7,5 units of colouring of the solution determined using the ICUMSA method.

3. The methods for determining the factors referred to in paragraph 1 shall be those used for determining
those factors under the intervention measures.

III. Standard quality for raw sugar

1. Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %.

2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:

(a) its percentage ash content multiplied by four;

(b) its percentage invert sugar content multiplied by two;

(c) the number 1.

3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that
sugar multiplied by two.
16.11.2007 EN Official Journal of the European Union L 299/95

ANNEX V

COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 42

A. Community scale for the classification of carcasses of adult bovine animals

I. Definitions

The following definitions shall apply:

1. 'carcass': the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;

2. 'half-carcass': the product obtained by separating the carcass referred to in point (1) symmetrically through
the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and
the ischiopubic symphysis.

II. Categories

The carcasses shall be divided into the following categories:

A: carcasses of uncastrated young male animals of less than two years of age;
B: carcasses of other uncastrated male animals;
C: carcasses of castrated male animals;
D: carcasses of female animals that have calved;
E: carcasses of other female animals.

III. Classification

The carcasses shall be classified by successive assessment of:

1. Conformation, defined as follows:

Development of carcass profiles, in particular the essential parts (round, back, shoulder)

Conformation class Description

S All profiles extremely convex; exceptional muscle development (double muscled
Superior carcass type)
E All profiles convex to super-convex; exceptional muscle development
Excellent
U Profiles on the whole convex, very good muscle development
Very good
R Profiles on the whole straight; good muscle development
Good
O Profiles straight to concave; average muscle development
Fair
P All profiles concave to very concave; poor muscle development
Poor
L 299/96 EN Official Journal of the European Union 16.11.2007

2. Fat cover, defined as follows:

Amount of fat on the outside of the carcass and in the thoracic cavity

Class of fat cover Description

1 None up to low fat cover
low
2 Slight fat cover, flesh visible almost everywhere
slight
3 Flesh with the exception of the round and shoulder, almost everywhere covered
average with fat, slight deposits of fat in the thoracic cavity
4 Flesh covered with fat, but on the round and shoulder still partly visible, some
high distinctive fat deposits in the thoracic cavity
5 Entire carcass covered with fat; heavy deposits in the thoracic cavity
very high

Member States shall be authorised to subdivide each of the classes provided for in points 1. and 2. into a
maximum of three subclasses.

IV. Presentation

Carcasses and half-carcasses shall be presented:

1. without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital
joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints,

2. without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the
kidney fat and the pelvic fat,

3. without the sexual organs and the attached muscles and without the udder or the mammary fat.

For the purpose of establishing market prices, a different presentation may be set out in accordance with the
procedure referred to in Article 195(2).

V. Classification and identification

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and the
Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( 1) shall take measures to
ensure that all carcasses or half-carcasses from adult bovine animals slaughtered in such slaughterhouses and
bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to
Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down
specific rules for the organisation of official controls on products of animal origin intended for human
consumption (2) are classified and identified in accordance with the Community scale.

Before identification by marking, Member States may grant authorisation to have the external fat removed from
the carcasses or half-carcasses if this is justified by the fat cover.

B. Community scale for the classification of pig carcasses

I. Definition

'carcass' shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.

(1) OJ L 139, 30.4.2004, p. 55. Regulation as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 139, 30.4.2004, p. 206. Regulation as last amended by Regulation (EC) No 1791/2006.
16.11.2007 EN Official Journal of the European Union L 299/97

II. Classification

Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:

Classes Lean meat as percentage of carcass weight

S 60 or more (*)
E 55 or more
U 50 or more but less than 55
R 45 or more but less than 50
O 40 or more but less than 45
P less than 40
(*) Member States may introduce, for pigs slaughtered in their territory, a separate class of 60 % or more of lean meat
designated with the letter S.

III. Presentation

Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

With regard to pigs slaughtered in their territory, the Member States may be authorised to provide for a different
presentation of pig carcasses if one of the following conditions is fulfilled:

1. if normal commercial practice in their territory differs from the standard presentation defined in the first
subparagraph,

2. if technical requirements warrant it,

3. if carcasses are dehided in a uniform manner.

IV. Lean-meat content

1. The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only
statistically proven assessment methods based on the physical measurement of one or more anatomical
parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to
compliance with a maximum tolerance for statistical error in assessment.

2. However, the commercial value of the carcasses shall not be determined solely by their estimated lean-
meat content.

V. Identification of carcasses

Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in
accordance with the Community scale.

C. Community scale for the classification of sheep carcasses

I. Definition

As regards the terms 'carcass' and 'half-carcass' the definitions laid down in point A.I shall apply.

II. Categories

The carcasses shall be divided into the following categories:

A carcasses of sheep under 12 months old,

B carcasses of other sheep.
L 299/98 EN Official Journal of the European Union 16.11.2007

III. Classification

1. The carcasses shall be classified by way of application of the provisions in point [Link]. mutatis mutandis.
However, the term 'round' in point [Link].1 and in rows 3 and 4 of the table under point [Link].2. shall be
replaced by the term 'hindquarter'.

2. By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be
authorised by the Commission, without the assistance of the Committee referred to in Article 195(1), to
use the following criteria for classification:

(a) carcass weight,

(b) colour of meat,

(c) fat cover.

IV. Presentation

Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet
(severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh
caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the
carcass.

However, Member States shall be authorised to permit different presentations when the reference presentation is
not used. In such instances, the adjustments necessary to progress from those presentations to the reference
presentation shall be determined in accordance with the procedure laid down in Article 195(2).

V. Identification of carcasses

Classified carcasses and half-carcasses shall be identified by marking in accordance with the Community scale.
16.11.2007 EN Official Journal of the European Union L 299/99

ANNEX VI

NATIONAL AND REGIONAL QUOTAS REFERRED TO IN ARTICLES 56 AND 59

Member State or region Sugar (tonnes) Isoglucose (tonnes) Inulin syrup (tonnes)
(1) (2) (3) (4)

Belgium 862 077 99 796 0

Bulgaria 4 752 78 153 —
Czech Republic 367 937,8 — —
Denmark 420 746 — —
Germany 3 655 455,5 49 330,2 —
Greece 158 702 17 973 —
Spain 887 163,7 110 111 —
France (metropolitan) 3 640 441,9 — 0
French overseas departments 480 244,5 — —
Ireland 0 — —
Italy 753 845,5 28 300 —
Latvia 0 — —
Lithuania 103 010 —
Hungary 298 591 191 845 —
Netherlands 876 560 12 683,6 0
Austria 405 812,4 — —
Poland 1 772 477 37 331 —
Portugal (mainland) 15 000 13 823 —
The autonomous region of the Azores 9 953 — —
Romania 109 164 13 913 —
Slovakia 140 031 59 308,3 —
Slovenia 0 — —
Finland 90 000 16 548 —
Sweden 325 700 — —
United Kingdom 1 221 474 37 967 —

TOTAL 16 599 138,3 767 082,1 0

ANNEX VII

SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN ARTICLE 58(2)

Member State Additional quota (tonnes)

Italy 60 000

Lithuania 8 000

Sweden 35 000
L 299/100 EN Official Journal of the European Union 16.11.2007

ANNEX VIII

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH

ARTICLE 60

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.

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.
16.11.2007 EN Official Journal of the European Union L 299/101

4. Where the derogation referred to in Article 50(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.

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.

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 VI.

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.

VI
Where Article 59(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.

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.
L 299/102 EN Official Journal of the European Union 16.11.2007

ANNEX IX

NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES REFERRED TO IN ARTICLE 66

1. National quotas

Member State Tonnes

Belgium 3 360 087,000

Bulgaria 979 000,000
Czech Republic 2 737 931,000
Denmark 4 522 176,000
Germany 28 281 784,697
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 2 791 645,558
Poland 9 380 143,000
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 Tonnes

Bulgaria 39 180
Romania 188 400
16.11.2007 EN Official Journal of the European Union L 299/103

ANNEX X

REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70

Member State 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 38,50
Slovenia 41,30
Slovakia 37,10
Finland 43,40
Sweden 43,40
United Kingdom 39,70
L 299/104 EN Official Journal of the European Union 16.11.2007

ANNEX XI

A. Apportionment of the maximum guaranteed quantity among the Member States referred to in Article 94(1):

Member State Tonnes

Belgium 13 800
Bulgaria 13
Czech Republic 1 923
Germany 300
Estonia 30
Spain 50
France 55 800
Latvia 360
Lithuania 2 263
Netherlands 4 800
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 89

Member State Tonnes

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
16.11.2007 EN Official Journal of the European Union L 299/105

ANNEX XII

DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS REFERRED TO IN

ARTICLE 114(1)

I. Definitions

For the purposes of this Annex:

(a) 'marketing' means holding or display with a view to sale, offering for sale, sale, delivery or any other manner of
placing on the market;

(b) 'designation' means the name used at all stages of marketing.

II. Use of the term 'milk'

1. The term 'milk' means 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 114(2) in conjunction with Annex XIII;

(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' means 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;
L 299/106 EN Official Journal of the European Union 16.11.2007

(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 ( 1), 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 ( 2) or any form of presentation, 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).

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.

(1) 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).
(2) 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).
16.11.2007 EN Official Journal of the European Union L 299/107

ANNEX XIII

MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN ARTICLE 114(2)

I. Definitions

For the purposes of this Annex:

(a) ‘milk’ means the produce of the milking of one or more cows;

(b) ‘drinking milk’ means the products referred to in point III intended for delivery without further processing to the
consumer;

(c) ‘fat content’ means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;

(d) ‘protein content’ means 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 oC 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;

L 299/108 EN Official Journal of the European Union 16.11.2007

(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 (1). 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 oC 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 194 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.

(1) 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).
16.11.2007 EN Official Journal of the European Union L 299/109

ANNEX XIV

MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POULTRYMEAT SECTORS REFERRED TO
IN ARTICLE 116

A. Marketing standards for eggs of hens of the Gallus gallus species

I. Scope

1. Without prejudice to Part C of this Annex concerning the provisions on the production and marketing of eggs
for hatching and of farmyard poultry chicks, this Part shall apply in relation to the marketing within the
Community of the eggs produced in the Community, imported from third countries or intended for export
outside the Community.

2. Member States may exempt from the requirements provided for in this Part of this Annex, with the exception of
point III(3), eggs sold directly to the final consumer by the producer:

(a) on the production site, or

(b) in a local public market or by door-to-door selling in the region of production of the Member State
concerned.

Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or
not. Where this exemption is applied, no quality and weight grading may be used.

The Member State may establish, according to national law, the definition of the terms ‘local public market’,
‘door-to-door selling’ and ‘region of production’.

II. Quality and weight grading

1. Eggs shall be graded by quality as follows:

— Class A or ‘fresh’,

— Class B.

2. Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered
to the food and non-food industry.

3. Class B eggs shall only be delivered to the food and non-food industry.

III. Marking of eggs

1. Class A eggs shall be marked with the producer code.

Class B eggs shall be marked with the producer code and/or with another indication.

Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on
their territory.

2. The marking of eggs in accordance with point 1 shall take place at the production site or at the first packing
centre to which eggs are delivered.

3. Eggs sold by the producer to the final consumer on a local public market in the region of production of the
Member State concerned shall be marked in accordance with point 1.

However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that
the name and address of the producer are indicated at the point of sale.
L 299/110 EN Official Journal of the European Union 16.11.2007

IV. Import of eggs

1. The Commission, without the assistance of the Committee referred to in Article 195(1), shall evaluate marketing
standards for eggs applicable in exporting third countries on request of the country concerned. This evaluation
shall extend to the rules on marking and labeling, farming methods and controls as well as implementation. If it
finds that the rules applied offer sufficient guarantees as to equivalence with Community legislation, eggs
imported from the countries concerned shall be marked with a distinguishing number equivalent to the
producer code.

2. The Commission, without the assistance of the Committee referred to in Article 195(1), shall, where necessary,
conduct negotiations with third countries aimed at finding appropriate ways of offering guarantees as referred
to in point 1 and concluding agreements on such guarantees.

3. If sufficient guarantees as to equivalence of rules are not provided, imported eggs from the third country
concerned shall bear a code permitting the identification of the country of origin and the indication that the
farming method is ‘unspecified’.

B. Marketing standards for poultrymeat

I. Scope

1. Without prejudice to Part C of this Annex concerning the provisions on the production and marketing of eggs
for hatching and of farmyard poultry chicks, this Part shall apply in relation to the marketing, within the
Community by way of business or trade, of certain types and presentations of poultrymeat of the following
species as set out to in Part XX of Annex I:

— Gallus domesticus,

— ducks,

— geese,

— turkeys,

— guinea fowls.

2. This Part shall not apply:

(a) to poultrymeat for export from the Community;

(b) to delayed eviscerated poultry as referred to in Regulation (EC) No 853/2004 of the European Parliament
and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin ( 1).

3. Member States may derogate from the requirements of this Regulation in cases of direct supply of small
quantities of poultrymeat as referred to in point (d) of Article 1(3) of Regulation (EC) No 853/2004 by a
producer with an annual production of under 10 000 birds.

II. Definitions

Without prejudice to further definitions to be laid down by the Commission for the purpose of the application of this
Part:

1. 'poultrymeat' means poultrymeat suitable for human consumption, which has not undergone any treatment
other than cold treatment;

2. 'fresh poultrymeat' means poultrymeat not stiffened by the cooling process, which is to be kept at a temperature
not below − 2 oC and not higher than 4 oC at any time. However, Member States may fix different temperature
requirements for the cutting and storage of fresh poultrymeat performed in retail shops or in premises adjacent
to sales points, where the cutting and storage are performed solely for the purpose of supplying the consumer
directly on the spot;

3. 'frozen poultrymeat' means poultrymeat which must be frozen as soon as possible within the constraints of
normal slaughtering procedures and is to be kept at a temperature no higher than − 12 oC at any time. Certain
tolerances may, however, be fixed by the Commission;

(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Regulation (EC) No 1791/
2006 (OJ L 363, 20.12.2006, p. 1).
16.11.2007 EN Official Journal of the European Union L 299/111

4. 'quick-frozen poultrymeat' means poultrymeat which is to be kept at a temperature no higher than − 18 oC at

any time within the tolerances as provided for in Council Directive 89/108/EEC of 21 December 1988 on the
approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption ( 1).

III. Quality and weight grading

1. Poultrymeat shall be graded by quality as either Class A or Class B according to the conformation and
appearance of the carcasses or cuts.

Class A shall be subdivided into A 1 and A 2 in accordance with criteria to be determined by the Commission.

This classification shall take account, in particular, of flesh development, the presence of fat and the amount of
damage and contusions.

2. Poultrymeat shall be marketed in one of the following conditions:

— fresh,
— frozen, or
— quick-frozen.

3. Prepackaged frozen or quick-frozen poultrymeat may be classified by weight category.

C. Marketing standards for the production and marketing of eggs for hatching and of farmyard poultry chicks
I. Scope
1. This Part shall apply in relation to the marketing and transport of eggs for hatching and of chicks as well as the
incubation of eggs for hatching as regards trade within the Community or commercial purposes.

2. However, pedigree breeding and other breeding establishments with less than 100 birds and hatcheries with a
capacity of less than 1 000 eggs for hatching shall not be bound by this Part.

II. Marking and packing of eggs for hatching

1. Eggs for hatching, used for chick production, shall be marked individually.

2. Eggs for hatching shall be transported in perfectly clean packs, containing only eggs for hatching of the same
species, category and type of poultry, originating in one establishment.

3. The packing of eggs for hatching to be imported from third countries shall contain only eggs for hatching of the
same species, category and type of poultry from the same country of origin and sender.

III. Packing of chicks

1. The chicks shall be packed by species, type and category of poultry.

2. The boxes shall contain only chicks from the same hatchery and shall show at least the distinguishing number of
the hatchery.

3. Chicks originating in third countries may be imported only if they are grouped in accordance with point 1. The
boxes must contain only chicks from the same country of origin and sender.

(1) OJ L 40, 11.2.1989, p. 51. Directive as last amended by Directive 2006/107/EC (OJ L 363, 20.12.2006, p. 411).
L 299/112 EN Official Journal of the European Union 16.11.2007

ANNEX XV

MARKETING STANDARDS APPLYING TO SPREADABLE FATS REFERRED TO IN ARTICLE 115

I. Sales descriptions

1. The products referred to in Article 115 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 III(2) and (3) 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 ( 1).

Indications of geographical origin may also be used subject to 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 (2).

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.

(1) OJ L 93, 31.3.2006, p. 1.

(2) OJ L 93, 31.3.2006, p. 12.
16.11.2007 EN Official Journal of the European Union L 299/113

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' may 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).

VI. Penalties
Without prejudice to any specific provisions which may be adopted by the Commission in accordance with
Article 194, Member States shall specify the effective penalties to be imposed in the case of breach of Article 115 and
this Annex and, where appropriate, the national measures relevant for its enforcement and inform the Commission
thereof.
 Appendix to Annex XV

L 299/114
Fat group Product categories
Sales description
Definitions Additional description of the category with an indication of the % fat content by weight

A. Milk fats 1. Butter The product with a milk-fat content of not less than 80 % but less than 90 %, a maximum water content of

EN
Products in the form of a solid, malleable emulsion, principally 16 % and a maximum dry non-fat milk-material content of 2 %.
of the water-in-oil type, derived exclusively from milk and/or 2. Three-quarter fat butter (*) The product with a milk-fat content of not less than 60 % but not more than 62 %.
certain milk products, for which the fat is the essential 3. Half fat butter (**) The product with a milk-fat content of not less than 39 % but not more than 41 %.
constituent of value. However, other substances necessary for
their manufacture may be added, provided those substances are 4. Dairy spread X % The product with the following milk-fat contents:
not used for the purpose of replacing, either in whole or in part, — less than 39 %,
any milk constituents. — more than 41 % but less than 60 %,
— more than 62 % but less than 80 %.

B. Fats 1. Margarine The product obtained from vegetable and/or animal fats with a fat content of not less than 80 % but less

Official Journal of the European Union

Products in the form of a solid, malleable emulsion, principally than 90 %.
of the water-in-oil type, derived from solid and/or liquid 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
vegetable and/or animal fats suitable for human consumption, more than 62 %.
with a milk-fat content of not more than 3 % or the fat content. 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 %.

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
Products in the form of a solid, malleable emulsion principally 80 % but less than 90 %.
of the water-in-oil type, derived from solid and/or liquid 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
vegetable and/or animals fats suitable for human consumption, 60 % but not more than 62 %.
with a milk-fat content of between 10 % and 80 % of the fat 3. Half-fat blend (******) The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than
content. 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 ‘smør 60’ in Danish.
(**) corresponding to ‘smør 40’ in Danish.
(***) corresponding to ‘margarine 60’ in Danish.
(****) corresponding to ‘margarine 60’ in Danish.
(*****) 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.

16.11.2007
16.11.2007 EN Official Journal of the European Union L 299/115

ANNEX XVI
DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS REFERRED TO IN
ARTICLE 118

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.
L 299/116 EN Official Journal of the European Union 16.11.2007

ANNEX XVII

IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND 139

1. Import duties for husked rice

(a) EUR 30 per tonne in the following cases:

(i) 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 Article 137(3), less
15 %;

(ii) 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
Article 137(3), less 15 %;

(b) EUR 42,5 per tonne in the following cases:

(i) 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 Article 137(3), less 15 %, but
do not exceed that same annual reference quantity plus 15 %;

(ii) 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 Article 137(3), less 15 %, but do
not exceed that same partial reference quantity plus 15 %;

(c) EUR 65 per tonne in the following cases:

(i) 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 Article 137(3), plus 15 %;

(ii) 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 Article 137
(3), plus 15 %.

2. Import duties for milled rice

(a) EUR 175 per tonne in the following cases:

(i) where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended
exceed 387 743 tonnes;

(ii) 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:

(i) 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;

(ii) 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.
16.11.2007 EN Official Journal of the European Union L 299/117

ANNEX XVIII

VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138

Basmati 217

Basmati 370

Basmati 386

Kernel (Basmati)

Pusa Basmati

Ranbir Basmati

Super Basmati

Taraori Basmati (HBC-19)

Type-3 (Dehradun)
L 299/118 EN Official Journal of the European Union 16.11.2007

ANNEX XIX

STATES REFERRED TO IN ARTICLES 153(3) AND 154(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
16.11.2007 EN Official Journal of the European Union L 299/119

ANNEX XX

LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGG SECTORS FOR THE PURPOSE OF
ARTICLE 26(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS REFERRED TO 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 – – Flavoured or containing added fruit, nuts or cocoa
0403 10 99
0403 90 – Other:
0403 90 71 to – – Flavoured or containing added fruit, nuts or cocoa
0403 90 99
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 – – Malt extract
1901 90 19
– – 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
L 299/120 EN Official Journal of the European Union 16.11.2007

CN code Description

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:
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 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:
2008 99 – – 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:
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
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:
2102 10 – Active yeasts
2102 10 31 and – – Bakers' yeast
2102 10 39
16.11.2007 EN Official Journal of the European Union L 299/121

CN code Description

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
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 spirit drinks:
2208 30 – Whiskies:
2208 30 32 to – – Other than Bourbon whiskey
2208 30 88
2208 50 – Gin and Geneva
2208 60 – Vodka
2208 70 – Liqueurs and cordials
2208 90 – Other:
– – Other spirits and other spirit drinks, 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 spirit drinks
– – – More than 2 litres:
– – – – Spirits (excluding liqueurs):
2208 90 75 – – – – – Tequila
2208 90 77 – – – – – Other
2208 90 78 – – – – Other spirit drinks
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:
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
L 299/122 EN Official Journal of the European Union 16.11.2007

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 – – Flavoured or containing added fruit, nuts or cocoa
0403 10 99
0403 90 – Other:
0403 90 71 to – – Flavoured or containing added fruit, nuts or cocoa
0403 90 99
ex 1704 Sugar confectionery (including white chocolate), not containing cocoa:
1704 90 51 to – – Other
1704 90 99
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 – – Malt extract
1901 90 19
– – 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 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:
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
16.11.2007 EN Official Journal of the European Union L 299/123

CN code Description

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
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 3505 Dextrins and other modified starches (for example, pregelatinised or 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 – – Flavoured or containing added fruit, nuts or cocoa
0403 10 99
0403 90 – Other:
0403 90 71 to – – Flavoured or containing added fruit, nuts or cocoa
0403 90 99
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
L 299/124 EN Official Journal of the European Union 16.11.2007

CN code Description

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:
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 mate:
– – – Preparations
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:
16.11.2007 EN Official Journal of the European Union L 299/125

CN code Description

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:
ex 2106 90 – Other:
– – 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 spirit drinks:
2208 20 – Spirits obtained by distilling grape wine or grape marc
ex 2208 50 – Geneva
2208 70 – Liqueurs and cordials
ex 2208 90 – Other
2208 90 41 to – – Other spirits and spirit drinks
2208 90 78
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

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
L 299/126 EN Official Journal of the European Union 16.11.2007

CN code Description

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 ex 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
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
– 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
16.11.2007 EN Official Journal of the European Union L 299/127

CN code Description

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 spirit drinks:
2208 70 – Liqueurs and cordials
2208 90 – Other:
– – Other spirits and spirit drinks, in containers holding:
– – – 2 litres or less:
– – – – Other:
2208 90 69 – – – – – Other spirit drinks
– – – More than 2 litres:
2208 90 78 – – – – Other spirit drinks
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:
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 Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk
ex 0403 10 99 and and cream, flavoured or containing added fruit, nuts or cocoa, whether or not concentrated
ex 0403 90 71 to or containing added sugar or other sweetening matter or flavoured or containing added
fruit, nuts or cocoa.
ex 0403 90 99
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
1902 11 00 – Uncooked pasta, not stuffed or otherwise prepared, containing eggs
L 299/128 EN Official Journal of the European Union 16.11.2007

CN code Description

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
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
ex 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 spirit drinks:
ex 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 XXI

LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE GRANTING OF EXPORT
REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III

The products listed in point (b) of Part X of Annex I.

16.11.2007 EN Official Journal of the European Union L 299/129

ANNEX XXII

CORRELATION TABLES REFERRED TO IN ARTICLE 202

1. Regulation (EEC) No 234/68

Regulation (EEC) No 234/68 This Regulation

Article 1 Article 1(1)(m)
Article 2 Article 54
Article 3 to 5 Article 113
Article 6 —
Article 7 Article 173
Article 8 Section I of Chapter II of Part III
Article 9 Article 135
Article 10(1) Article 129
Article 10(2) Article 128
Article 10a Article 159
Article 11 Article 180
Article 12 —
Article 13 Article 195
Article 14 Article 195
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 135
Article 2(2) Article 129
Article 2(3) Article 128
Article 3 Article 159
Article 4 —
Article 5 first paragraph Article 180
Article 5 second paragraph Article 182(1)
Article 6 Article 195
Article 7 —
Article 8 —
Article 9 —

3. Regulation (EEC) No 2729/75

Regulation (EEC) No 2729/75 This Regulation

Article 1 Article 149
Article 2(1) Article 150
Article 2(2) Article 151
Article 3 Article 152
L 299/130 EN Official Journal of the European Union 16.11.2007

4. Regulation (EEC) No 2759/75

Regulation (EEC) No 2759/75 This Regulation

Article 1 Article 1(1)(q)

Article 2 Article 54
Article 3 first paragraph, first indent Article 31(1)(f)
Article 3 first paragraph, second indent Article 10(2)
Article 3 second paragraph —
Article 3 third paragraph Article 10(2)
Article 4(1) Article 8(1)(f)
Article 4(2) Articles 17 and 37
Article 4(3) —
Article 4(5) Article 42
Article 4(6) first indent Articles 17 and 37(1)
Article 4(6) second indent Article 43(d)
Article 4(6) third indent Article 43
Article 5(1) to (3) Article 24
Article 5(4)(a) Article 43(a)
Article 5(4)(b) Articles 24(1) and 31(2)
Article 5(4)(c) Article 43
Article 6 Article 25
Article 7(1) —
Article 7(2) Article 43
Article 8(1) first subparagraph Articles 130 and 161(1)
Article 8(1) second subparagraph Articles 131 and 161(2)
Article 8(1) third subparagraph Articles 132, 133 and 161(2)
Article 8(2) Articles 134 and 161(3)
Article 9 Article 135
Article 10(1) to (3) Article 141
Article 10(4) Article 143
Article 11(1) to (3) Article 144
Article 11(4) Article 148
Article 12 Article 186(b)
Article 13(1) Article 162(1)
Article 13(2) Article 163
Article 13(3) and (4) Article 164
Article 13(5) Article 170
Article 13(6) to (10) Article 167
Article 13(11) Article 169
Article 13(12) Article 170
Article 14 Articles 160 and 174
Article 15(1) Article 129
Article 15(2) Article 128
Article 16 Article 159
Article 19 —
Article 20(1) Article 44
Article 20(2) to (4) Article 46
Article 21 Article 180
Article 22 Article 192
Article 24 Article 195
Article 25 —
Article 26 —
Article 27 —
16.11.2007 EN Official Journal of the European Union L 299/131

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 54
Article 2(2) Article 116
Article 3(1) first subparagraph Articles 130 and 161
Article 3(1) second subparagraph Articles 131 and 161(2)
Article 3(1) third subparagraph Articles 132, 133 and 161(2)
Article 3(2) Articles 134 and 161(3)
Article 4 Article 135
Article 5(1) to (3) Article 141
Article 5(4) Article 143
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 186(b)
Article 8(1) Article 162(1)
Article 8(2) Article 163
Article 8(3) and (4) Article 164
Article 8(5) Article 170
Article 8(6) to (11) Article 167
Article 8(12) Article 169
Article 8(13) Article 170
Article 9 Article 160
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 13 —
Article 14(1)(a) Article 44
Article 14(1)(b) Article 45
Article 14(2) and (3) Article 46
Article 15 Article 192
Article 16 and 17 Article 195
Article 18 —
Article 19 Article 180
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 54
Article 2(2) Article 116
Article 3(1) first subparagraph Articles 130 and 161
Article 3(1) second subparagraph Articles 131 and 161(2)
Article 3(1) third subparagraph Articles 132, 133 and 161(2)
Article 3(2) Articles 134 and 161(3)
Article 4 Article 135
Article 5(1) to (3) Article 141
Article 5(4) Article 143
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 186(b)
L 299/132 EN Official Journal of the European Union 16.11.2007

Regulation (EEC) No 2777/75 This Regulation

Article 8(1) Article 162(1)
Article 8(2) Article 163
Article 8(3) and (4) Article 164
Article 8(5) Article 170
Article 8(6) to (10) Article 167
Article 8(11) Article 169
Article 8(12) Article 170
Article 9 Articles 160 and 174
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 13 —
Article 14(1)(a) Article 44
Article 14(1)(b) Article 45
Article 14(2) and (3) Article 46
Article 15 Article 192
Article 16 and 17 Article 195
Article 18 —
Article 19 Article 180
Article 20 —
Article 21 —

7. Regulation (EEC) No 2782/75

Regulation (EEC) No 2782/75 This Regulation

Article 1 Article 121(f)(i)
Article 2 Point C.I. of Annex XIV
Article 3 Article 121(f)(ii)
Article 4 Article 192
Article 5 Point [Link]. of Annex XIV and Article 121(f)(iii)
Article 6 Point [Link].(3) of Annex XIV and Article 121(f)(iii)
Article 7 Article 121(f)(iv)
Article 8 Article 121(f)(v)
Article 9 Article 121(f)(vi)
Article 10 Article 192
Article 11 Point [Link].(1) and (2) of Annex XIV
Article 12 Point [Link].(3) of Annex XIV and Article 121(f)(iii)
Article 13 Article 121(f)(vii)
Article 14 Article 121(f)
Article 15 Article 121(f)
Article 16 Article 192 and 194
Article 17 Article 121(f)

8. Regulation (EEC) No 707/76

Regulation (EEC) No 707/76 This Regulation

Article 1 Article 122
Article 2 and 3 Article 127
16.11.2007 EN Official Journal of the European Union L 299/133

9. Regulation (EEC) No 1055/77

Regulation (EEC) No 1055/77 This Regulation

Article 1 Article 39(1) to (4)
Article 2 Article 39(5)
Article 3 Article 39(6) and (7)
Article 4 Article 43
Article 5 Article 39(1) second subparagraph

10. Regulation (EEC) No 2931/79

Regulation (EEC) No 2931/79 This Regulation

Article 1 Article 172

11. Regulation (EEC) No 3220/84

Regulation (EC) No 3220/84 This Regulation

Article 1(1) Article 42(1) first subparagraph point (b)
Article 1(2) first subparagraph —
Article 1(2) second subparagraph Article 43(m)(iv)
Article 2(1) first subparagraph Point B. I. and III. of Annex V
Article 2(1) second subparagraph Point B. III. of Annex V
Article 2(2) and (3) first subparagraph Article 43(m)
Article 2(3) second subparagraph Article 43
Article 2(3) third subparagraph Point B. IV.(1) of Annex V
Article 3(1) first subparagraph Article 43 and point B. II. of Annex V
Article 3(1) second subparagraph Article 43
Article 3(1) third subparagraph Point B. IV.(2) of Annex V
Article 3(2) and (3) Point B. II. of Annex V
Article 3(4) Article 43(m)(iv)
Article 4 and 5 Article 43(m)

12. Regulation (EEC) No 1898/87

Regulation (EEC) No 1898/87 This Regulation

Article 1 Article 114(1) in conjunction with point I of Annex XII
Article 2 Article 114(1) in conjunction with point II of Annex XII
Article 3 Article 114(1) in conjunction with point III of Annex XII
Article 4(1) and (3) Article 114(1) in conjunction with point IV of Annex XII
Article 4(2) Article 121

13. Regulation (EEC) No 3730/87

Regulation (EEC) No 3730/87 This Regulation

Article 1 Article 27(1) and (2)
Article 2 Article 27(3)
Article 3 Article 27(4)
L 299/134 EN Official Journal of the European Union 16.11.2007

Regulation (EEC) No 3730/87 This Regulation

Article 4 Article 27(5)
Article 5 —
Article 6 Article 43

14. Regulation (EEC) No 1186/90

Regulation (EC) No 1186/90 This Regulation

Article 1(1) first subparagraph Point A. V. first paragraph of Annex V
Article 1(1) second subparagraph —
Article 1(2) Article 43(m)
Article 2(a) Article 43(m)
Article 2(b) Article 43(m)(iii)
Article 3 Article 194

15. Regulation (EEC) No 1906/90

Regulation (EEC) No 1906/90 This Regulation

Article 1(1) Point B.I.(1) of Annex XIV
Article 1(2) Article 121(e)(ii)
Article 1(3) Point B.I.(2) of Annex XIV
Article 1(3a) Point B.I.(3) of Annex XIV
Article 2(1) Point [Link].(1) of Annex XIV
Article 2(2) to (4) Article 121(e)(i)
Article 2(5) to (7) Point [Link].(2) — (4) of Annex XIV
Article 2(8) Article 121(e)(i)
Article 3(1) and (2) Point [Link].(1) and (2) of Annex XIV
Article 3(3) Point [Link].(3) of Annex XIV and Article 121(e)
Article 4 Article 121(e)(iv)
Article 5(1) to (5) Article 121(e)(iv)
Article 5(6) Article 121(e)(v) and 194
Article 6 Article 121(e)(vi)
Article 7 Article 121(e)(vii) and 194
Article 8 Article 192 and 194
Article 9 Article 121(e)
Article 10 Article 194
Article 11 Article 192

16. Regulation (EEC) No 2204/90

Regulation (EEC) No 2204/90 This Regulation

Article 1(1) Article 119
Article 1(2) Article 121(i)
Article 2 Article 119 in conjunction with point 2 of Part V of
Annex III
Article 3(1) Articles 121(i) and 194
Article 3(2) Articles 192 and 194
Article 3(3) Articles 194
Article 4 —
Article 5 Article 121
16.11.2007 EN Official Journal of the European Union L 299/135

17. Regulation (EEC) No 2075/92

Regulation (EEC) No 2075/92 This Regulation

Article 1 Article 1(1)(n)

Article 13 Article 104(1) and (2)
Article 14a Article 104(3)
Article 15 Article 135
Article 16(1) Article 129
Article 16(2) Article 128
Article 16a Article 159
Article 17 Article 194
Article 18 Article 180
Article 20 —
Article 21 Article 192
Article 22 and 23 Article 195
Article 24 —

18. Regulation (EEC) No 2077/92

Regulation (EEC) No 2077/92 This Regulation

Article 1, 2 and 4(1) Article 123

Article 3, 4(2) and (3), 5 and 6 Article 127
Article 7 Article 177
Article 8 Article 178
Article 9 Article 127
Article 10 Article 126
Article 11 and 12 Article 127

19. Regulation (EEC) No 2137/92

Regulation (EEC) No 2137/92 This Regulation

Article 1 Article 42(1) second subparagraph

Article 2 first paragraph point (a) Point C. I. and IV. of Annex V
Article 2 first paragraph point (b) Point C. I. of Annex V
Article 2 second paragraph Point C. IV. second paragraph of Annex V
Article 3(1) Point C. II. of Annex V
Article 3(2) first and second subparagraphs Point C. III.(1) of Annex V
Article 3(2) third subparagraph Point C. III.(2) of Annex V and Article 43(m)
Article 3(3) Article 43(m)
Article 4(1) Article 43(m)
Article 4(2) Point C. V. of Annex V
Article 4(3) Article 43(m)
Article 5 Article 42(2)
Article 6 Article 43(m)
Article 7(1) —
Article 7(2) Article 43(m)
Article 7(3) —
Article 9 —
L 299/136 EN Official Journal of the European Union 16.11.2007

20. 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 113(1) and (2)
Article 3 Article 113(3)
Article 4 Articles 121 and 194
Article 15(1) Article 135
Article 15(2) to (4) Article 141
Article 15(5) Article 143
Article 21 Article 128
Article 22 Article 129
Article 23 Article 159
Article 24 Article 180
Article 27 Article 195
Article 28 —
Article 29 Article 192

21. Regulation (EC) No 2991/94

Regulation (EC) No 2991/94 This Regulation

Article 1 Article 115
Article 2 Article 115 in conjunction with point I of Annex XV
Article 3 Article 115 in conjunction with point II of Annex XV
Article 4 Article 115 in conjunction with point III(1) of Annex XV
Article 5 Article 115 in conjunction with point III(2) and (3) of
Annex XV
Article 6 Article 115 in conjunction with point IV of Annex XV
Article 7 Article 115 in conjunction with point V of Annex XV
Article 8 Article 121
Article 9 —
Article 10 Article 115 in conjunction with point VI of Annex XV

22. 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 46 Article 195
Article 47 —

23. 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 29 Article 195
Article 30 —
16.11.2007 EN Official Journal of the European Union L 299/137

24. Regulation (EC) No 2597/97

Regulation (EC) No 2597/97 This Regulation

Article 1(1) Article 114(2)
Article 1(2) Article 114(2) in conjunction with point I of Annex XIII
Article 2 Article 114(2) in conjunction with point II of Annex XIII
Article 3 Article 114(2) in conjunction with point III(1) and (2) of
Annex XIII
Article 4 Article 114(2) in conjunction with point III(3) of
Annex XIII
Article 5 Article 114(2) in conjunction with point IV of
Annex XIII
Article 6 Article 114(2) in conjunction with point V of Annex XIII
Article 7(1) Article 114(2) in conjunction with point VI of
Annex XIII
Article 7(2) Article 121

25. 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 54
Article 26(1) Article 34
Article 26(2) Article 8(1)(d)
Article 26(3) Article 31(1)(c)
Article 26(4) Articles 8(3) and 31(1) second subparagraph
Article 26(5) Articles 31(2) and 43
Article 27(1) Articles 7, 10(d), 14 and 43(a)
Article 27(2) Article 21(2)
Article 27(3) Articles 21(1), 40 and 43(e)
Article 27(4) first subparagraph Article 43
Article 27(4) second subparagraph Article 14
Article 28 Articles 25 and 43(e)
Article 29(1) first subparagraph Article 130
Article 29(1) second subparagraph Articles 130 and 161
Article 29(1) third subparagraph Articles 131 and 161(2)
Article 29(1) fourth subparagraph Articles 132, 133 and 161(2)
Article 29(2) Articles 134 and 161(3)
Article 30 Article 135
Article 31 Article 141
Article 32(1) first subparagraph and (2) and (3) Article 144
Article 32(1) second subparagraph Article 146(1)
Article 32(4) Article 148
Article 33(1) Article 162(1)
Article 33(2) Article 163
Article 33(3) and (4) Article 164
Article 33(5) Article 170
Article 33(6) to (9) first subparagraph Article 167
Article 33(9) second subparagraph Article 168
Article 33(10) Article 167(7)
Article 33(11) Article 169
Article 33(12) Article 170
Article 34 Articles 160 and 174
Article 35(1) Article 129
Article 35(2) Article 128
Article 36 Article 159
Article 37 Articles 42 and 43
Article 38 Article 186(a)
Article 39(1) Article 44
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Regulation (EC) No 1254/1999 This Regulation

Article 39(2) to (4) Article 46
Article 40 Article 180
Article 41 Article 192
Article 42 and 43 Article 195
Article 44 —
Article 45 Article 190
Article 46 — 49 —
Article 50, first indent —
Article 50, second indent Article 191

26. 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 4(1) Article 8(1)(e)
Article 4(2) Article 8(3)
Article 5 —
Article 6(1) first subparagraph Articles 15(1) and 22
Article 6(1) second and third subparagraphs Article 15(2) second subparagraph
Article 6(1) fourth subparagraph Article 15(2) first subparagraph
Article 6(2) first subparagraph, point (a), first indent Article 10(e)
Article 6(2) first subparagraph, point (a), second and Article 10 in conjunction with Article 43(a)
third indents and point (b)
Article 6(2) second and third subparagraphs Article 10 in conjunction with Article 43(a)
Article 6(3) first subparagraph Article 28(a)
Article 6(3) second and third subparagraphs Article 29
Article 6(3) fourth subparagraph Article 43(d)(i)
Article 6(3) fifth subparagraph Article 43(d)(iii)
Article 6(4) first subparagraph and second subparagraph Article 25 and 43(f)
first sentence
Article 6(4) second subparagraph second sentence Article 43(d)(iii)
Article 6(5) —
Article 6(6) Article 6(2)(b) and (d)
Article 7(1) first subparagraph Articles 10(f), 16 first paragraph and 43(a)
Article 7(1) second subparagraph Article 23 second paragraph
Article 7(1) third subparagraph Article 23 first paragraph and 43(a)
Article 7(1) fourth subparagraph Article 43(k)
Article 7(2) Article 16 second paragraph
Article 7(3) first subparagraph Articles 31(1)(d), 35 and 43(a)
Article 7(3) second subparagraph Article 31(2)
Article 7(3) third subparagraph Article 43(d)(i) and (iii)
Article 7(4) Article 25 and 43(e)
Article 7(5) Article 6(2)(c)
Article 8(1) Article 28(b)
Article 8(2) and (3) Article 30 and 43(d)(i) and (iii)
Article 9(1) Articles 31(1)(e) and 36(1)
Article 9(2) Article 31(2)
Article 9(3) Article 43(d)(iii)
Article 9(4) Article 36(2)
Article 10(a) Articles 15(3) and 43
Article 10(b) Articles 29 second paragraph, 30 first paragraph and 31
(2)
Article 10(c) Article 43
Article 11 Article 99
Article 12 Article 100
Article 13 Article 101
16.11.2007 EN Official Journal of the European Union L 299/139

Regulation (EC) No 1255/1999 This Regulation

Article 14 Article 102
Article 15 Articles 99 — 102
Article 26(1) Articles 130 and 161
Article 26(2) first subparagraph Articles 131 and 161(2)
Article 26(2) second subparagraph Articles 132, 133 and 161(2)
Article 26(3) Articles 134 and 161(3)
Article 27 Article 135
Article 28 Article 141
Article 29(1) to (3) Article 144
Article 29(4) Articles 145 and 148
Article 30 Article 171
Article 31(1) Article 162(1) and (2)
Article 31(2) Article 163
Article 31(3) and (4) Article 164
Article 31(5) Article 170
Article 31(6) to (12) Article 167
Article 31(13) Article 169
Article 31(14) Article 170
Article 32 Article 160
Article 33(1) Article 129
Article 33(2) Article 128
Article 34 Article 187
Article 35 Article 159
Article 36(1) Article 44
Article 36(2) to (4) Article 46
Article 37 Article 180
Article 38 Article 181
Article 39 Article 183
Article 40 Article 192
Articles 41 and 42 Article 195
Article 43 —
Article 44 —
Article 45 Article 190
Article 46 —
Article 47 first indent —
Article 47 second indent Article 191

27. Regulation (EC) No 2250/1999

Regulation (EC) No 2250/1999 This Regulation

Article 1 Article 2(1) in conjunction with point 1. of Part V of
Annex III

28. 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)
Articles 74 and 75 Article 195
Article 76 —
L 299/140 EN Official Journal of the European Union 16.11.2007

29. 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 91(2)
Article 1(3) —
Article 2(1) Article 91(1)
Article 2(2) Article 193
Article 2(3) and (4) Article 92
Article 2(5) Article 93
Article 3(1) and (3) Article 94
Article 3(2), (4) and (5) —
Article 4 —
Article 5 Articles 130 and 157
Article 6 Article 128
Article 7 Article 159
Article 8 Article 180
Article 9 first paragraph Article 95
Article 9 second paragraph Article 194
Article 10 Article 195
Article 11 Article 190
Article 12 —
Article 13 —
Article 14 first indent —
Article 14 second indent Article 191
Article 15 —

30. Regulation (EC) No 2529/2001

Regulation (EC) No 2529/2001 This Regulation

Article 1 Article 1(1)(r)
Article 2 Article 54
Article 12 Articles 31(1)(g) and 38
Article 13(1) first subparagraph Articles 130 and 161
Article 13(1) second subparagraph Articles 132 and 161(2)
Article 13(1) third subparagraph Articles 131 and 161(2)
Article 13(1) fourth subparagraph Articles 133 and 161(2)
Article 13(2) Articles 134 and 161(3)
Article 14 Article 135
Article 15 Article 141
Article 16(1) to (3) Article 144
Article 16(4)(a) and (b) Article 145
Article 16(4)(c) to (e) Article 148
Article 17 Articles 160 and 174
Article 18(1) Article 129
Article 18(2) Article 128
Article 19 Article 159
Article 20 Articles 42 and 43
Article 21 Article 186(a)
Article 22(1) Article 44
Article 22(2) to (4) Article 46
Article 23 Article 180
Article 24 Article 192
Article 25 Article 195
Article 26 Article 191
16.11.2007 EN Official Journal of the European Union L 299/141

Regulation (EC) No 2529/2001 This Regulation

Article 27 Article 190
Article 28 —
Article 29 —
Article 30 —

31. Regulation (EC) No 670/2003

Regulation (EC) No 670/2003 This Regulation

Article 1 Article 1(3)(a)
Article 2 Article 120
Article 3 Article 189
Article 4(1) Articles 130 and 161
Article 4(2) Articles 131, 132 and 161(2)
Article 4(3) Articles 133 and 161(2)
Article 4(4) Articles 134 and 161(3)
Article 5 Article 135
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 160
Article 8(1) Article 129
Article 8(2) Article 128
Article 9 Article 159
Article 10(1) Article 180
Article 10(2) Article 182(4)
Article 10(3) Article 182(4) and 184(3)
Article 11 Article 192
Article 12 Article 195
Article 13 —
Article 14 —
Article 15(a) —
Article 15(b) Article 191

32. 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 8(1)(a)
Article 4(2) Article 8(2)
Article 4(3) Article 8(1)(a)
Article 4(4) Article 8(3)
Article 5(1) Articles 6(2)(a), 10(a) and 43(a)
Article 5(2) Article 11
Article 5(3) Article 18
Article 6(a) Articles 41 and 43(j)
Article 6(b) Article 43(a)
Article 6(c) Article 43(c)
Article 6(d) Article 43(d)
Article 6(e) Article 43(f)
Article 7 Article 47
Article 8(1) and (2) Article 96
Article 8(3) Article 98
L 299/142 EN Official Journal of the European Union 16.11.2007

Regulation (EC) No 1784/2003 This Regulation

Article 9(1) first subparagraph Articles 130 and 161
Article 9(1) second subparagraph Articles 131 and 161(2)
Article 9(1) third subparagraph Articles 132, 133 and 161(2)
Article 9(2) Articles 134 and 161(3)
Article 10(1) Article 135
Article 10(2) and (3) Article 136
Article 10(4) Article 143
Article 11 Article 141
Article 12(1) to (3) Article 144
Article 12(4) first subparagraph Articles 145 and 148
Article 12(4) second subparagraph Article 146(2)
Article 13(1) Article 162(1) and (2)
Article 13(2) Article 163
Article 13(3) Article 164
Article 14 Article 167
Article 15(1) and (3) Article 166
Article 15(2) Article 164(4)
Article 15(4) Articles 165 and 170
Article 16 Articles 162(3)
Article 17 Article 169
Article 18 Article 170
Article 19 Articles 160 and 174
Article 20(1) Article 129
Article 20(2) Article 128
Article 21 Article 187
Article 22 Article 159
Article 23 Article 180
Article 24 Article 192
Article 25 Article 195
Article 26 —
Article 27 Article 191
Article 28 Article 190
Article 29 —
Article 30 —

33. 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 5
Article 3 Article 3(1)(d)
Article 4 —
Article 6(1) Article 8(1)(b)
Article 6(2) first sentence Article 8(2)
Article 6(2) second and third sentence Articles 41 and 43(j)
Article 6(3) Article 43(a) and (k)
Article 7(1) Articles 10(b) and 12
Article 7(2) Articles 19 and 43(b)
Article 7(3) Articles 25 and 43(e)
Article 7(4) and (5) Article 43
Article 8 Article 48
Article 9 Article 192
Article 10(1) first subparagraph Articles 130 and 161
Article 10(1) second subparagraph Articles 131 and 161(2)
16.11.2007 EN Official Journal of the European Union L 299/143

Regulation (EC) No 1785/2003 This Regulation

Article 10(1) third subparagraph Articles 132, 133 and 161(2)
Article 10(1a) Article 130
Article 10(2) Articles 134 and 161(3)
Article 11(1) Article 135
Article 11(4) Article 143
Article 11a Article 137
Article 11b Article 138
Article 11c Article 139
Article 11d Article 140
Article 12 Article 141
Article 13(1) to (3) Article 144
Article 13(4) Article 148
Article 14(1) Article 162(1) and (2)
Article 14(2) Article 163
Article 14(3) and (4) Article 164
Article 15 Article 167
Article 16 Article 164(4)
Article 17(1) first subparagraph point (a) Article 167(7)
Article 17(1) first subparagraph points (b) and (c) Article 167(6)
Article 17(1) second subparagraph Article 170
Article 17(2) Article 167(7)
Article 18 Article 169
Article 19 Article 170
Article 20 Articles 160 and 174
Article 21(1) Article 129
Article 21(2) Article 128
Article 22 Article 187
Article 23 Article 159
Article 24 Article 180
Article 25 Article 192
Article 26 Article 195
Article 27 —
Article 28 Article 191
Article 29 Article 190
Article 30 —
Article 31 —
Article 32 —

34. 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 86(1)
Article 4(2) Article 88(1)
Article 5 Article 89
Article 6 Article 88(2)
Article 7 Article 87
Article 8 Article 192
Article 9 first paragraph Article 86(2)
Article 9 second paragraph Article 90(i)
Article 10(a) and (b) Article 90(b)
Article 10(c) Article 86(1)(a) and 90(e)
Article 11 Article 90(a)
L 299/144 EN Official Journal of the European Union 16.11.2007

Regulation (EC) No 1786/2003 This Regulation

Article 12 Article 90(g)

Article 13 Article 194
Article 14 Article 135
Article 15(1) Article 129
Article 15(2) Article 128
Article 16 Article 159
Article 17 Article 180
Article 18 Article 195
Article 19 —
Article 20(a) Article 90
Article 20(b) Article 194
Article 20(c) Article 90(c)
Article 20(d) Article 90(f)
Article 20(e) Article 90(d)
Article 20(f) Article 194
Article 20(g) Article 90(g)
Article 20(h) Article 90(h)
Article 21 —
Article 22 Article 192
Article 23 Article 184(1)
Article 24 Article 190
Article 25 —

35. Regulation (EC) No 1788/2003

Regulation (EC) No 1788/2003 This Regulation

Article 1 Articles 66 and 78(1) first subparagraph

Article 2 Article 78(1) second subparagraph
Article 3 Article 78(2) to (4)
Article 4 Article 79
Article 5 Article 65
Article 6 Article 67
Article 7 Article 68
Article 8 Article 69
Article 9 Article 70
Article 10 Article 80
Article 11 Article 81
Article 12 Article 83
Article 13 Article 84
Article 14 Article 71
Article 15 Article 72
Article 16 Article 73
Article 17 Article 74
Article 18 Article 75
Article 19 Article 76
Article 20 Article 77
Article 21 Article 82
Article 22 —
Article 23 Article 195
Article 24 Article 85
Article 25 —
Article 26 —
16.11.2007 EN Official Journal of the European Union L 299/145

36. Regulation (EC) No 797/2004

Regulation (EC) No 797/2004 This Regulation

Article 1(1) Article 105(1)

Article 1(2) Article 1(3)(b)
Article 1(3) first subparagraph, first sentence Article 180
Article 1(3) first subparagraph, second sentence and Article 105(2)
second subparagraph
Article 2 Article 106
Article 3 Article 107
Article 4(1) Article 190
Article 4(2) and (3) Article 108
Article 5 Article 109
Article 6 Article 195
Article 7 Article 184(2)
Article 8 —

37. 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 118
Article 5(1) Article 113
Article 5(2) Article 194
Article 5(3) Article 121(h)
Article 6 Articles 31 and 33
Article 7(1) Article 125
Article 7(2) Article 123
Article 8 Article 103
Article 9(a) Article 127
Article 9(b) and (c) Article 103(2) third subparagraph
Article 9(d) Article 194
Article 9(e) Article 127
Article 10(1) first subparagraph Article 130
Article 10(1) second subparagraph Article 131
Article 10(2) Articles 132 and 133
Article 10(3) Article 161
Article 10(4) Articles 134 and 161(3)
Article 11(1) Article 135
Article 11(2) Article 186(b)
Article 12(1) Article 129
Article 12(2) Article 128
Article 13 Article 160
Article 14 Article 159
Article 15 Article 180
Article 16 —
Article 17 Article 192
Article 18 Article 195
Article 19 Article 191
Article 20 Article 190
Article 24 —
Article 25 —
L 299/146 EN Official Journal of the European Union 16.11.2007

38. 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 130
Article 4(2) Article 131
Article 4(3) Articles 132 and 133
Article 5 Article 135
Article 6(1) Article 129
Article 6(2) Article 128
Article 7 Article 159
Article 8(1) Article 180
Article 8(2) Article 182(2)
Article 9 Article 192
Article 10 Article 195
Article 11 Article 134
Article 12 —

39. 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 117(1) to (3)
Article 5 Article 117(4) and (5)
Article 6 Article 122
Article 7 Article 127
Article 8 Article 135
Article 9 Article 158
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 12 Article 180
Article 13 —
Article 14 Article 185(1) to (3)
Article 15 Article 192
Article 16 Article 195
Article 17 first indent Article 121(g)
Article 17 second indent Article 127
Article 17 third indent Article 127
Article 17 fourth indent Article 185(4)
Article 17 fifth indent Article 192
Article 18 —
Article 19 —

40. 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)(e)
Article 2 Article 2(1)
16.11.2007 EN Official Journal of the European Union L 299/147

Regulation (EC) No 318/2006 This Regulation

Article 3 Article 8(1)(c)

Article 4 Article 9
Article 5 Article 49
Article 6 Article 50
Article 7 Article 56
Article 8 —
Article 9 Article 58
Article 10 Article 59
Article 11 Article 60
Article 12 Article 61
Article 13(1) and (2) Article 62
Article 13(3) Article 97
Article 14 Article 63
Article 15 Article 64
Article 16 Article 51
Article 17 Article 57
Article 18(1) Articles 31(1)(a) and 32(1)
Article 18(2) first subparagraph first indent Articles 10(c) and 13(1)
Article 18(2) first subparagraph second indent Article 43(d)(i)
Article 18(2) second subparagraph Article 20
Article 18(3) Article 26
Article 19 Article 52
Article 20 Articles 13(2), 32(2), 52(5) and 63(5)
Article 21 Article 129
Article 22 Article 128
Article 23(1) Articles 130 and 161
Article 23(2) Articles 131 and 161(2)
Article 23(3) Articles 132, 133 and 161(2)
Article 23(4) Articles 134 and 161(3)
Article 24 Article 160
Article 25 Article 159
Article 26(1) Article 135
Article 26(2) Article 186(a) and 187
Article 26(3) Article 142
Article 27 Article 141
Article 28 Article 144
Article 29 Article 153
Article 30 Article 154
Article 31 Article 155
Article 32(1) and (2) Article 162(1) and (2)
Article 32(3) Article 170
Article 33(1) Article 163
Article 33(2) Article 164
Article 33(3) and (4) Article 167
Article 34 Article 169
Article 35 Articles 187 and 188
Article 36(1) Article 180
Article 36(2) to (4) Article 182(3)
Article 37 Articles 186(a) and 188
Article 38 Article 192
Article 39 Article 195
Article 40(1)(a) Articles 43(b) and 49(3) second subparagraph
Article 40(1)(b) and (c) Article 85
Article 40(1)(d) Articles 53, 85 and 192
Article 40(1)(e) Articles 143, 144(1), 145 and 148
Article 40(1)(f) Article 192(2)
Article 40(1)(g) Articles 170 and 187
L 299/148 EN Official Journal of the European Union 16.11.2007

Regulation (EC) No 318/2006 This Regulation

Article 40(2)(a) Article 53(a)
Article 40(2)(b) Articles 43(a) and 50(1)
Article 40(2)(c) Article 85(d)
Article 40(2)(d) Articles 43, 53(b) and (c) and 85(b)
Article 40(2)(e) Articles 130 and 161
Article 40(2)(f) Articles 5 second paragraph and 156
Article 40(2)(g) Article 186(a) and 188
Article 41 —
Article 42 Article 191
Article 43 Article 190
Article 44 —
Article 45 —

41. Regulation (EC) No 1028/2006

Regulation (EC) No 1028/2006 This Regulation

Article 1 Point A.I. of Annex XIV
Article 2 Article 121(d)(i)
Article 3 Point [Link]. of Annex XIV
Article 4 Point [Link]. of Annex XIV
Article 5 Article 121(d)(v)
Article 6 Point [Link]. of Annex XIV
Article 7 Article 194
Article 8 Article 194
Article 9 Article 192
Article 10 Article 195
Article 11(1) Article 121(d)(ii)
Article 11(2) Article 121(d)(iii)
Article 11(3) Article 121(d)(iv)
Article 11(4) Article 121(d)(v)
Article 11(5) Article 194
Article 11(6) Article 121(d)(vi)
Article 11(7) Article 192
Article 11(8) Article 121(d)(vii)
Article 11(9) Articles 121 and 194

42. Regulation (EC) No 1183/2006

Regulation (EC) No 1183/2006 This Regulation

Article 1 Article 42(1) first subparagraph point (a)
Article 2(a) introducing sentence Point A. I.(1) of Annex V
Article 2(a) first, second and third indents Point A. IV. first paragraph of Annex V
Article 2(b) Point A. I.(2) of Annex V
Article 3 Point A. IV. second paragraph of Annex V and Article 43
(m)(ii)
Article 4(1) first subparagraph Point A. II. of Annex V
Article 4(1) second subparagraph Article 43(m)
Article 4(2) and (3) Point A. III. of Annex V
Article 4(4) Point A. III.(2) second subparagraph of Annex V
Article 5(1) Article 43
Article 5(2) Point A. V. first paragraph of Annex V
Article 5(3) Point A. V. second paragraph of Annex V
Article 6 Article 42(2)
Article 7 Article 43
16.11.2007 EN Official Journal of the European Union L 299/149

43. Regulation (EC) No 1184/2006

Regulation (EC) No 1184/2006 This Regulation

Article 1 Article 175

Article 2 Article 176
Article 3 —

44. Regulation (EC) No 1544/2006

Regulation (EC) No 1544/2006 This Regulation

Article 1 Article 111

Article 2 Articles 112, 192 and 194
Article 3 Article 3(1)(b)(ii)
Article 4 Article 195
Article 5 Article 190
Article 6 —