Tag Archives: Common organisation of markets

Common organisation of the market in fishery products

Common organisation of the market in fishery products

Outline of the Community (European Union) legislation about Common organisation of the market in fishery products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Organisation and financing of the fisheries sector

Common organisation of the market in fishery products

Since the 1970s, the CMO of fishery products contributed towards reducing the effects of variations in demand and supply in the interests of fishermen, processing companies and consumers.

Document or Iniciative

Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products [See amending act(s)].

Summary

The common organisation of the markets (CMO) in fishery products * was created in 1970. It was the first component of the common fisheries policy (CFP).

Marketing standards

Fishery products may be sold or marketed only if they meet marketing standards covering classification by quality, size or weight categories, packaging, presentation and labelling. Member States must check that products comply with the marketing standards.

Consumer information

Live, fresh or chilled products may be sold to the final consumer only if they are appropriately marked or labelled with:

  • the commercial name of the species;
  • the method of production (fresh water, sea or farmed);
  • the catch area.

Formation and recognition of producer organisations

Producer organisations (PO) are set up by fishermen or fish farmers who voluntarily form an association with the aim of implementing measures to ensure optimum conditions for the marketing of their products. Those measures should seek to:

  • give priority to planning production and bringing it into line with demand, in particular by implementing catch plans;
  • promote concentration of supply;
  • stabilise prices;
  • promote methods that encourage sustainable fishing.

Member States will recognise groups as POs if they apply for recognition and meet certain requirements.

They may also grant specific recognition to POs if they have put forward a plan to improve product quality.

Extension of rules laid down by producer organisations

Where a PO is representative of production and marketing in one or more landing places, the Member State may make various measures introduced by that PO compulsory for non-members marketing products in the same area.

Planning of production and marketing

Each producer organisation must draw up an operational programme for the fishing year and send it to the relevant authorities in the Member State. The programme must include:

  • a marketing strategy for bringing the volume and quality of supply into line with market requirements;
  • a catch plan or production plan depending on the species;
  • anticipatory measures for adjusting the supply of species that are difficult to market;
  • the penalties to be imposed on members who fail to comply with the decisions taken.

Financial support

Member States may grant POs compensation for a period of five years to enable them to fulfil their obligations with regard to the planning of production and marketing. The way the grant is calculated varies depending on the species.

Member States may also grant additional aid to POs for the introduction of measures aimed at improving organisation and marketing of fish and achieving a better balance between supply and demand. This aid is granted under Commission Regulation (EC) No 498/2007 laying down detailed rules for the implementation of the European Fisheries Fund.

Interbranch organisations (IOs)

Subject to checks by the Commission, Member States may recognise groups as interbranch organisations if they apply for recognition and are made up of representatives of production, trade and processing.

Recognition is subject to certain conditions, the most important of which are linked to the measures that may be implemented by IOs (for example, improving market knowledge and market transparency, etc.).

Extension of arrangements to non-members

Where an IO is representative of the production of and/or trade in and/or processing of a given product, a Member State may, at the request of the organisation, make some of the arrangements binding for a limited period on other operators in the region who do not belong to the organisation.

The arrangements for which extension may be requested must meet certain conditions and relate to one of the following areas: information about production and the market, stricter production rules than those laid down by Community and national legislation, drawing up standard contracts that are compatible with Community legislation, and marketing rules.

Prices and intervention

To ensure the supply of the market in fishery products, the Community has set up a system designed to:

  • alleviate the most negative effects of the imbalance between supply and demand;
  • stabilise prices in order to guarantee fishermen a minimum level of income;
  • promote the general competitiveness of the Community fishing fleet on world markets.

It is based on a system of prices, which, when applied, triggers financial intervention mechanisms.

Those mechanisms are determined on the basis of the guide price set by the Council for certain products before the start of the fishing year. The guide price is based on the average of the prices recorded on the wholesale markets or in ports during the previous three fishing years and takes account of predicted trends in production and demand.

In order to guarantee fishermen a minimum level of income, POs may withdraw fishery products from the market if prices fall below a given level. This level, called the Community withdrawal price, is set by the Commission each year for each type of product marketed. It is calculated in relation to the guide price, not exceeding 90 % of that price, and on the basis of the freshness, size and presentation of the product. When prices fall and the intervention mechanisms are triggered, members receive compensation from the PO to which they belong.

Community withdrawals

For POs to be granted financial compensation for fish permanently withdrawn from the market, certain conditions must be met:

  • the withdrawal price applied by the POs must be the same as the Community withdrawal price, with a tolerance margin of 10 % above or below that price;
  • the products withdrawn must comply with the marketing standards and be of adequate quality;
  • the withdrawal price must apply throughout the fishing year for each category of products concerned.

It is for the POs to determine how to dispose of the products withdrawn from the market in a way that does not interfere with normal marketing of the products concerned. Withdrawn products can be used for charitable purposes, for manufacturing animal feed or for other purposes apart from human consumption.

Carry-over

For products subject to withdrawal, the decision may be taken to process and store them for later human consumption if they are particularly suitable for disposing of in this way. These products must be processed under strict conditions in order to guarantee their quality so that they can be placed on the market again at a later stage in accordance with the criteria set for each species.

Carry-over aid may not exceed the technical and financial costs of processing and storage, calculated as a flat rate. The authorised processing methods are freezing, salting, drying, marinating, boiling and pasteurisation, where appropriate accompanied by filleting, cutting-up or heading. The minimum storage period is 5 days.

Independent withdrawals and carry-over by producer organisations

Certain fishery products that account for a significant proportion of the income of regional or local producers cannot be included in the Community withdrawal price system because there are considerable variations in market prices across Member States or regions and because the overall level of production of those products on the Community market is too low.

The autonomous withdrawals and carry-over mechanism compensates for this by granting flat?rate aid to POs withdrawing those products from the market, either permanently or provisionally, provided that certain conditions are met. The prices to be applied are set autonomously by the POs. There are ceilings on the quantities eligible for flat-rate aid (10 % of the quantities put up for sale during a fishing year) and autonomous withdrawal (5 %).

Private storage

Private storage aid applies to certain products that have been frozen on board the vessel and cannot be marketed at the Community selling price set by the Community before the start of each fishing year. These products are temporarily withdrawn from the market and stored for a minimum of 5 days. The conditions of storage and return to the market must be such that quality standards can be maintained and guaranteed.

Aid may be granted up to a maximum of 15 % of the annual quantities of the products concerned put up for sale by a PO. The level of aid is set on a flat-rate basis before the start of each fishing year on the basis of the technical and financial costs of the facilities required for storing frozen products.

Special arrangements for tuna (bonito, etc.)

Tuna fishing provides supplies primarily for the canning industry, which is why the market organisation arrangements focus on this form of marketing.

The Council sets a Community producer price for the different species of tuna on the basis of the average of the prices recorded on the wholesale markets or in ports during the previous three fishing years.

If the average price for tuna on the Community market and the import price are both below 87 % of the Community producer price, POs may be granted a compensatory allowance of an amount set by the Commission.

Trade with non-EU countries

To ensure adequate supply to the Community processing industry, customs duties for certain products (Alaska pollack, cod, hoki, surimi, etc.) can be totally or partially suspended for an indefinite period.

Reference price

In order to prevent market disturbances as a result of supplies from non-EU countries at abnormally low prices, certain products may be imported into the Community customs territory only if the reference price set each year by the Commission is complied with.

Safeguard measures

Where, as a result of exceptional circumstances, the Community market is threatened with or affected by serious disturbances and a price collapse, safeguard measures may be applied in trade with non-EU countries until the situation returns to normal.

Emergency measures

Where price increases and supply problems are recorded on the Community market for one or more products, the Council will take the necessary action to remedy the situation.

Equal access to facilities

Member States must ensure equal conditions of access to all ports, installations and other facilities for vessels flying any of their flags.

Checks, surveillance and implementation

The Member States and the Commission must put in place systems for communicating and exchanging information, the cost of which will be partly borne by the Community budget.

In order to prevent and curb fraud, Member States must conduct regular checks on, for example, beneficiaries of financial assistance.

The Commission is assisted by the Management Committee for Fishery Products, which is made up of representatives of the Member States and chaired by a Commission representative.

Key terms used in the act
  • Fishery products: products caught at sea or in inland waters and the products of aquaculture. These include live, fresh, chilled, frozen, dried, salted or smoked fish, fish in brine and crustaceans, molluscs, meal, powders, etc.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 104/2000

1.1.2001 

(1.1.2002
for Article 4, containing the rules on consumer information)

OJ L 17, 21.1.2000

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded – Annexe II: List referred to in Article 20 of the Act of Accession – 7. Fisheries

1.5.2004

OJ L 236, 23.9.2003

Regulation (EC) No 1759/2006

2.12.2006

OJ L 335, 1.12.2006

Regulation (EC) No 1258/2010

1.1.2011

OJ L 343, 29.10.2010

RELATED ACTS

Price system

of 11 February 2011 fixing the amount of the carry-over aid and the flat-rate aid for certain fishery products for the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Commission Regulation (EU) No 124/2011 of 11 February 2011 fixing the amount of private storage aid for certain fishery products in the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Commission Regulation (EU) No 123/2011 of 11 February 2011 fixing the Union selling prices for the fishery products listed in Annex II to Council Regulation (EC) No 104/2000 for the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Commission Regulation (EU) No 122/2011 of 11 February 2011 fixing the Union withdrawal and selling prices for the fishery products listed in Annex I to Council Regulation (EC) No 104/2000 for the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Commission Regulation (EU) No 121/2011 of 11 February 2011 fixing the standard values to be used in calculating the financial compensation and the advance pertaining thereto in respect of fishery products withdrawn from the market during the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Commission Regulation (EU) No 120/2011 of 11 February 2011 fixing the reference prices for certain fishery products for the 2011 fishing year [Official Journal L 38 of 12.2.2011].

Producer organisations

List of the producer organisations recognised in the fisheries and aquaculture sector.

List of the producer organisations in the fishery and aquaculture sector from which recognition has been withdrawn in 2010.

Applying the legislation

Report on the implementation of Council Regulation (EC) No 104/2000 [COM(2006) 558 final – not published in the Official Journal].

This report notes that the implementation of catch plans by POs has brought about a considerable reduction in the levels of intervention, while interventions also involved a shift towards carry-over operations and away from wasteful withdrawals of fishery products. However, the introduction of IOs has not been such a success, probably because there is not enough cooperation between the various operators in the marketing chain. It was also noted that the European market is changing. Market prices are not keeping pace with production costs, which makes it more difficult to guarantee producers a decent standard of living. The market is becoming increasingly dependent on imports from non-EU countries in order to meet the needs of consumers and the processing industry.

Common organisation of the market in milk and milk products

Common organisation of the market in milk and milk products

Outline of the Community (European Union) legislation about Common organisation of the market in milk and milk products

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Common organisation of the market in milk and milk products

The common organisation of the market in milk and milk products enables prices to be stabilised and farmers guaranteed a fair standard of living through the implementation of systems of intervention, marketing and trade with Non-EU Member Countries.

Document or Iniciative

Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products [See amending acts]

Summary

This Regulation contains a comprehensive legislative framework for the common organisation of the market in milk and milk products. Before the adoption of this Regulation, legislation for these products, starting with the first Regulation of 1968, was fragmented.

This CMO provides for a system of intervention within the framework of the internal market and certain support measures for European products when they are traded on the world markets.

Scope

The CMO for milk covers:

  • milk and creams;
  • buttermilk, yoghourt and kephir;
  • whey;
  • butter and other fats;
  • cheese and curd;
  • lactose and lactose syrups;
  • preparations used as animal feed.

Internal market

This is to run annually from 1 July to 30 June.

The intervention prices for 100 kg of butter are:

  • EUR 328.20 from 1 July 2000 to 30 June 2004,
  • EUR 305.23 from 1 July 2004 to 30 June 2005,
  • EUR 282.44 from 1 July 2005 to 30 June 2006,
  • EUR 259.52 from 1 July 2006 to 30 June 2007,
  • EUR 246.39 as from 1 July 2007.

The intervention price for 100 kg of skimmed milk powder is EUR 169.80.

Intervention and private-storage arrangements

Intervention agencies in each Member State buy in butter at 90% of the intervention price during the period 1 March to 31 August of any year, on the basis of specifications to be determined. The Commission may suspend intervention if the quantities offered exceed 30 000 tonnes in 2008 and subsequent years. The butter bought in must have certain characteristics and meet certain requirements. Private storage aid may be granted for salted or unsalted butter produced from cream or milk. The aid amount is determined in the light of storage costs and the likely trend in prices for fresh butter and butter from stocks. Butter bought in by the intervention agencies is to be disposed of in such a way as to avoid disturbing the balance on the market.

The intervention agencies of the Member States buy in skimmed milk powder at the intervention price between 1 March and 31 August. That milk must comply with certain composition characteristics, particularly as regards minimum protein content, which must be 34% of the non-fat dry matter. The Commission may suspend intervention if the quantities offered exceed 109 000 tonnes.

Private-storage aid is granted for certain cheeses, such as Grana Padano, Parmigiano Reggiano, Provolone, sheep’s and goat’s milk cheese, as well as long-keeping cheeses. The aid amount is determined in the light of storage costs and the likely trend in prices. Where the market situation so requires, the Commission may decide to remarket the various cheeses stored.

Special marketing aid

Aid is available for:

  • producers of skimmed milk and skimmed milk powder (including buttermilk and buttermilk powder) used for animals, provided that these products meet certain conditions;
  • skimmed milk processed into casein and caseinates;
  • the purchase of cream, butter and concentrated butter by non-profit bodies, by manufacturers of certain food products and for direct consumption.

School milk aid

In order to encourage children to drink milk, aid for the supply of 0.25 l of milk equivalent per pupil and per day is paid to educational establishments. The Community aid is EUR 18.15 for 100 kg of all types of milk. Member States may grant additional aid.

Trade with Non-EU Member Countries

Imports and exports may be subject to issue by the Member States of an import/export licence.

In general, in trade with Non-EU Member Countries, milk and milk products are subject to the rates of duty in the common customs tariff; taxes having equivalent effect to customs duty and the application of quantitative restrictions or measures of equivalent effect are prohibited.

However, additional duty may be charged under the conditions set out in the agriculture agreement (pdf ) of the World Trade Organisation (WTO). The Community informs the WTO of the trigger prices below which additional duty may be charged. In addition, under certain circumstances, tariff quotas may be awarded using the first come/first served principle, the simultaneous examination method, the traditional importers/new arrivals method, or other non-discriminatory methods.

In the case of exports, the difference between prices on the world market and Community prices may be covered by export refunds. These are awarded using the method considered the most suitable and creating the lightest administrative burden. The refund amount established takes into account a series of factors, such as the price of the milk and the costs of marketing. In certain cases, such as where the free-at-frontier price significantly exceeds the Community price and threatens to cause long-term disruption to the proper functioning of the Community market, the Community may fully or partially suspend import duties and even collect export levies.

Safeguard measures may be taken if the Community market is threatened with serious disturbance by reason of imports or exports. In addition, under certain circumstances, recourse to inward processing arrangements may be prohibited.

Committee procedures

In implementing the Regulation, the Commission is assisted by a Management Committee for Milk and Milk Products (FR), comprising representatives of the Member States and chaired by a representative of the Commission.

References

Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1255/1999 26.6.1999 OL 160 of 26.06.1999
Act Entry into force – Date of expiry Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1040/2000 26.5.2000 OJ L 118 of 19.05.2000
Regulation (EC) No 1526/2000 15.7.2000 OJ L 175 of 14.07.2000
Regulation (EC) No 1670/2000 29.7.2000 OJ L 193 of 29.07.2000
Regulation (EC) No 509/2002 23.3.2002 OJ L 79 of 22.03.2002
Regulation (EC) No 1787/2003 24.10.2003 1.4.2004 (partial application) OJ L 270 of 21.10.2003
Regulation (EC) No 186/2004 4.2.2004 OJ L 29 of 03.02.2004
Regulation (EC) No 1913/2005 2.12.2005 OJ L 307 of 25.11.2005
Regulation (EC) No 1152/2007 7.10.2007 OJ L 258 of 04.10.2007

Successive amendments and corrections to Regulation (EC) No 1255/1999 have been incorporated into the basic text. This consolidated version (pdf ) is for reference purposes only.

Related Acts

Detailed implementing rules

Commission Regulation (EC) No 2771/1999 of 16 December 1999 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in butter and cream [Official Journal L 333, 24.12.1999].
See consolidated version (pdf
)

Commission Regulation (EC) No 2799/1999 of 17 December 1999 laying down detailed rules for applying Regulation (EC) No 1255/1999 as regards the grant of aid for skimmed milk and skimmed-milk powder intended for animal feed and the sale of such skimmed-milk powder [Official Journal L 340, 31.12.1999].
See consolidated version (pdf
)

Commission Regulation (EC) No 2707/2000 of 11 December 2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments [Official Journal L 311, 12.12.2000].
See consolidated version (pdf
)

Commission Regulation (EC) No 214/2001 of 12 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards intervention on the market in skimmed-milk powder [Official Journal L 37, 7.2.2001].
See consolidated version (pdf
)

Commission Regulation (EC) No 2535/2001 of 14 December 2001 laying down detailed rules for applying Council Regulation (EC) No 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas [Official Journal L 341, 22.12.2001].
See consolidated version (pdf
)

Commission Regulation (EC) No 1244/2004 of 6 July 2004 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards the granting of private storage aid for certain cheeses in the 2004/05 storage period [Official Journal L 236, 7.7.2004].

Commission Regulation (EC) No 562/2005 of 5 April 2005 laying down rules for the implementation of Council Regulation (EC) No 1255/1999 as regards communications between the Member States and the Commission in the milk and milk products sector [Official Journal L 95, 14.4.2005].

Commission Regulation (EC) No 1898/2005 of 9 November 2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market [Official Journal L 308, 25.11.2005].
See consolidated version (pdf
)

Commission Regulation (EC) No 734/2006 of 16 May 2006 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards the granting of private storage aid for certain cheeses in the 2006/2007 storage period [Official Journal L 129, 17.05.2006].

Commission Regulation (EC) No 1282/2006 of 17 August 2006 laying down special detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards export licences and export refunds for milk and milk products [Official Journal L 234, 29.8.2006].
See consolidated version (pdf
)

Commission Regulation (EC) No 587/2007 of 30 May 2007 laying down detailed rules for the application of Council Regulation (EC) No 1255/1999 as regards the granting of private storage aid for certain cheeses in the 2007/2008 storage period [Official Journal L 139, 31.05.2007].

Milk quotas

of 29 September 2003 establishing a levy in the milk and milk products sector [Official Journal L 270, 21.10.2003].
With effect from 1 April 2004, for eleven consecutive periods of twelve months, the Member States collect a levy from farmers on quantities of cow’s milk or other milk products marketed during the relevant twelve-month period in excess of the maximum reference quantities allocated to each Member State.

 

Hops

Hops

Outline of the Community (European Union) legislation about Hops

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Hops

This Regulation establishes a common organisation of the market (CMO) in hops. It includes rules on marketing, producer groups and trade with third countries. The aid scheme for this product is governed by the Mediterranean package which complements the major reform of the Common Agricultural Policy (CAP) in June 2003 by laying down provisions relating to the hops, cotton, olive groves and tobacco sectors. The CMO will remain in force until 30 June 2008.

Document or Iniciative

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

Summary

From 1 July 2008 products falling within the scope of this Regulation will be governed by the common organisation of agricultural markets.

This Regulation lays down rules on marketing, producer groups and trade with third countries in the hops sector. The ‘Mediterranean package’ provides for specific aid measures for this sector.

This Regulation covers the dried inflorescences – cones – of the (female) climbing hop plant, hop powder, hop powder with higher lupulin content, vegetable saps and extracts of hops.

Marketing

Hops harvested or prepared within the Community are subject to a certification procedure. The certificate, indicating at least the place of production of the hops, the year of harvesting and the variety, may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. Products may be marketed and exported only by those in possession of a certificate.

Producer Groups

Producers may form a group to achieve one of the following objectives:

  • concentrating supply and helping to stabilise the market by marketing all the produce of the members or, if necessary, by purchasing hops at a higher price;
  • adapting such production jointly to the requirements of the market and improving the product;
  • promoting the rationalisation and mechanisation of cultivation and harvesting operations in order to render production more profitable and better protect the environment;
  • deciding what varieties of hops may be grown by its members and adopting common rules on production.

The Member State within whose territory the producer group has its registered office is responsible for recognising producer groups which request recognition and fulfil a number of conditions. To be recognised, a group must, for instance, have legal personality or sufficient legal capacity to be subject, under national legislation, to rights and obligations, provide proof of economically viable activity and not hold a dominant position in the Community.

Trade with third countries

The rates of import duty in the common customs tariff apply to the products covered by this Regulation. These may be imported only if their quality standards are at least equivalent to those adopted for like products harvested within the Community or made from such products. Only in this case do products receive an attestation issued by the authorities of the country of origin which has the same value as the Community certificate.

The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its implementation apply to the tariff classification of products covered by this Regulation.

In trade with third countries, the levying of any charge having equivalent effect to a customs duty and the application of any quantitative restriction or measure having equivalent effect are prohibited.

Safeguard

If, by reason of imports or exports, the Community market in one or more of the products covered by this Regulation is affected by, or is threatened with, serious disturbance, appropriate measures may be applied in trade with non-member countries of the World Trade Organisation (WTO) until such disturbance or threat of it has ceased. In this case the Commission, at the request of a Member State or on its own initiative, decides upon the necessary measures. If a Member State refers these measures to the Council, it must meet immediately and may amend or repeal them.

In cases where there is a danger of creating surpluses or of a disturbance in the supply structure of the market, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate measures to prevent market imbalance. Such measures may take the form of action affecting the production potential, the volume of supply and the marketing conditions.

Supply contracts

Any contract to supply hops produced within the Community concluded between one or more producers and a buyer is to be registered by the bodies designated for that purpose by each producer Member State concerned. The data on which registration is based may be used only for the purposes of this Regulation.

The Commission is to be assisted by a Management Committee for Hops [FR].

References

Act


Entry into force
Deadline for transposition in the Member States
Official Journal
Regulation (EC) No 1952/2005 7.12.2005 OJ L 314, 30.11.2005

Related Acts

Commission Regulation (EC) No 1299/2007 of 6 November 2007 on the recognition of producer groups for hops (Codified version) [Official Journal L 289 of 7.11.2007].

Commission Regulation (EC) No 1557/2006 of 18 October 2006 laying down detailed rules for implementing Council Regulation (EC) No 1952/2005 as regards registration of contracts and the communication of data concerning hops [Official Journal L 288 of 19.10.2006].

Commission Regulation (EC) No 1850/2006 of 14 December 2006 laying down detailed rules for the certification of hops and hop products [Official Journal L 355 of 15.12.2006].

Seeds

Seeds

Outline of the Community (European Union) legislation about Seeds

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Seeds

This Regulation establishes a common organisation of the market (CMO) in seeds. It includes rules on the marketing of seeds and on trade with third countries. The CMO will operate until 30 June 2008.

Document or Iniciative

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

Summary

From 1 July 2008 products falling within the scope of this Regulation will be governed by the common organisation of agricultural markets.

This Regulation defines the conditions for the marketing of, and trade with third countries in, sweetcorn hybrids, peas and chickpeas, beans, lentils, broad beans and other leguminous vegetables, spelt, hybrid maize, rice in the husk, sorghum, soya beans, groundnuts, linseed, rape or colza seeds, sunflower seeds, other oil seeds and oleaginous fruits, and seeds, fruit and spores, of a kind used for sowing.

TRADE WITH THIRD COUNTRIES

Imports of seeds may be subject to the presentation of an import licence. Import licences are to be issued by the Member States to any persons who so request, irrespective of their place of establishment in the Community. Licences will be valid for imports carried out anywhere in the Community and their issue will be subject to the lodging of a security guaranteeing that the products are imported during the validity period of the licence.

The rates of import duty in the Common Customs Tariff are to apply to the products covered by this Regulation.

The general rules for the interpretation of the Combined Nomenclature and the detailed rules for its implementation are to apply to the tariff classification of products covered by this Regulation.

In trade with third countries, the levying of any charge having equivalent effect to a customs duty and the application of any quantitative restriction or measure having equivalent effect are prohibited.

Safeguard

If, by reason of imports or exports, the Community market in one or more of the products listed in this Regulation is affected by, or is threatened with, serious disturbance, appropriate measures may be applied in trade with non-member countries of the World Trade Organisation (WTO) until such disturbance or threat of it has ceased. In such cases, the Commission, at the request of a Member State or on its own initiative, is to decide upon the necessary measures. Where a Member State refers such measures to the Council, it is to meet immediately and may amend or repeal the measures in question.

The Treaty’s provisions on state aid are to apply to seeds. However, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed.

The Commission is to be assisted by the Management Committee for Seeds [FR].

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 1947/2005 Applicable from 1 July 2006 OJ L 312 of 29.11.2005

Related Act

Commission Regulation (EC) No 491/2007 of 3 May 2007 laying down detailed rules for implementing Council Regulation (EC) No 1947/2005 as regards the communication of data concerning seeds [Official Journal L 116, 4.5.2007].

Common organisation of agricultural markets

Common organisation of agricultural markets

Outline of the Community (European Union) legislation about Common organisation of agricultural markets

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Common organisation of agricultural markets

Document or Iniciative

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) [See amending acts].

Summary

The common organisation of agricultural markets refers to the legal framework established at European level for certain agricultural sectors. The agricultural sectors concerned are listed in Annexes I and II to the Regulation.

The European Union (EU) therefore provides common rules for managing agricultural markets, standards for marketing agricultural products and for importing and exporting them to/from the European Union.

INTERNAL MARKET

Market intervention

In order to ensure stability in the markets and a satisfactory standard of living for the agricultural community, a system of price support has been developed in parallel to the introduction of direct support schemes.

The price support system takes account of the needs of each agricultural sector and their interdependence. The measures take the form of:

  • public intervention in the markets for agricultural products;
  • the payment of aid for the private storage of cereals, rice, sugar, olive oil and table olives, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat.

Special intervention measures

The EU may take exceptional measures in order to support markets in crisis. For example, these measures may be necessary in the case of the spread of animal diseases or natural disasters which have repercussions for agricultural markets.

Quota schemes

National production quotas are fixed for sugar and milk. Member States then distribute these between the producing undertakings. This Regulation particularly specifies the methods of transfer for quotas between several undertakings and management of surplus production. This includes producer assessments by Member States.

Aid schemes

Aid is also provided for the following sectors:

  • sugar (production refund measures);
  • milk and milk products, olive oil and table olives, fruits and vegetables, and apiculture products;
  • programmes promoting the consumption of fruit and milk in schools;
  • wine and hops sectors;
  • silkworm rearing.

MARKETING AND PRODUCTION

The Commission may impose marketing standards for certain agricultural products. For example, these standards may relate to the quality of the products, their labelling, storage or even their transport.

This Regulation imposes additional rules for the production and marketing of products which have a protection label in the wine sector. These labels are the recognised designations of origin, geographical indications and the term ‘traditional’. The Regulation describes the application process for producers wishing to obtain one of these labels.

Producer and interbranch organisations

This Regulation sets the rules concerning the recognition and operation of producer and interbranch organisations.

In particular, producer organisations must develop a joint programme of production and be able to adapt to demand.

Interbranch organisations do not only consist of producers. They may include representatives from the economic sectors connected with the production, trade or processing of agricultural products. In particular, interbranch organisations aim to optimise the product production and processing costs.

TRADE WITH THIRD COUNTRIES

In principle, the levying of any charge having equivalent effect to a customs duty and the application of any quantitative restriction or measure having equivalent effect are prohibited in trade with third countries.

Imports

The Commission can require the presentation of import licences for products from certain sectors: cereals, rice, sugar, seed, olive oil and table olives, flax and hemp, bananas, wine, live plants, beef and veal, pigmeat, sheepmeat and goatmeat, poultry, milk and milk products, eggs and agricultural ethyl alcohol.

The import duties in the Common Customs Tariff apply to these products, although specific provisions are provided for some of them. In certain cases, these import duties may be suspended or additional duties may be applied.

These particular provisions apply specifically to imports of mixtures of cereals, rice or cereals and rice. The import duty depends on the composition of the mixture. In addition, preferential arrangements are established for sugar and specific import conditions are set for hemp and hops.

Furthermore, the Commission may provide import tariff quotas, specifically limits on the volume of goods which may be imported with a reduced customs duty. The tariff quotas are managed by the Commission and administered so as to avoid any discrimination.

Exports

The Commission may require the presentation of export licences for products in the sectors pertaining to cereals, rice, sugar, olive oil and table olives, fresh and processed fruits and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat, poultry, milk and milk products, eggs and agricultural ethyl alcohol.

The export of certain products may be supported by export refunds which cover the difference between global and EU market prices. These may be differentiated according to the destination and are fixed periodically by the Commission, taking account of developments in the Union’s markets and global market developments. Specific provisions govern export refunds for malt in storage, cereals and beef and veal.

Management of export quotas in the milk and milk products sector and special import treatment by third countries are also regulated.

Competition

European competition law is applicable. There are however exceptions provided for by Article 176 of the Regulation for which the Commission allows agreements and concerted practices. The Regulation also provides for this type of exception in the fruit and vegetable and tobacco sectors.

Furthermore, the European system of State aid applies, in principle, to the agricultural sectors. However, the Regulation provides specific provisions for State aid in the milk and wine sectors.

Committee procedure

The Commission is assisted by the Management Committee for the Common Organisation of Agricultural Markets.

Context

Before this Regulation was adopted, each agricultural sector had its own common market organisation. At European level there was a multitude of organisations of agricultural markets. This legal framework simplifies and unifies the different regulations which existed previously.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 1234/2007

23.11.2007

OJ L 299 of 16.11.2007

Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal

Regulation (EC) No 247/2008

26.3.2008

OJ L 76 of 19.3.2008

Regulation (EC) No 248/2008

20.3.2008

OJ L 76 of 19.3.2008

Regulation (EC) No 361/2008

14.5.2008

OJ L 121 of 7.5.2008

Regulation (EC) No 470/2008

6.6.2008

OJ L 140 of 30.5.2008

Regulation (EC) No 13/2009

16.1.2009

OJ L 5 of 9.1.2009

Regulation (EC) No 72/2009

7.2.2009

OJ L 30 of 31.1.2009

Regulation (EC) No 491/2009

24.6.2009

OJ L 154 of 17.6.2009

Regulation (EC) No 1140/2009

30.11.2009

OJ L 312 of 27.11.2009

Regulation (EU) No 1234/2010

1.1.2011

OJ L 346 of 30.12.2010

Products not covered by a specific CMO

Products not covered by a specific CMO

Outline of the Community (European Union) legislation about Products not covered by a specific CMO

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Agriculture > Markets for agricultural products

Products not covered by a specific CMO

Document or Iniciative

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

Summary

This Regulation has been repealed and, as of 1 July 2008, products falling within its scope are governed by the common organisation of agricultural markets.

This Regulation establishes a common market organisation (CMO) for most products not already covered by a CMO. These products are listed by their tariff nomenclature in the former Annex II to the Treaty, which became Annex I following the amendments introduced by the Treaty of Amsterdam.

Trade with non-member countries

Customs duties are levied on the products covered by this Regulation. These products are classed in accordance with the general rules for interpreting the combined nomenclature and the rules for its application.

All barriers to trade with non-member countries are prohibited, particularly charges having an effect equivalent to customs duty and quantitative restrictions on imports or equivalent measures.

Safeguard measures may be adopted if the market is threatened with disturbance as a result of imports or exports.

Trade within the Community

Charges having an effect equivalent to customs duty and quantitative restrictions on imports or equivalent measures are prohibited in trade within the Community.

Subject to authorisation by the Commission, aid for the production and marketing of reindeer and reindeer products may be granted to Sweden and Finland.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 827/68 1.7.1968 OJ L 151 of 30.6.1968
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EEC) No 2727/71 24.12.1971 OJ L 282 of 23.12.1971
Regulation (EEC) No 1014/73 1.7.1973 OJ L 106 of 20.4.1973
Regulation (EEC) No 2427/76 8.10.1976 OJ L 276 of 7.10.1976
Regulation (EEC) No 425/77 8.3.1977 OJ L 61 of 5.3.1977
Regulation (EEC) No 2560/77 1.1.1978 OJ L 303 of 28.11.1977
Regulation (EEC) No 1117/78 2.6.1978 OJ L 142 of 30.5.1978
Regulation (EEC) No 114/80 22.1.1980 OJ L 16 of 22.1.1980
Regulation (EEC) No 1837/80 5.8.1980 OJ L 183 of 16.7.1980
Regulation (EEC) No 2966/80 21.11.1980 OJ L 307 of 18.11.1980
Regulation (EEC) No 3911/87 2.1.1988 OJ L 370 of 30.12.1987
Regulation (EEC) No 789/89 2.4.1989 OJ L 85 of 30.3.1989
Regulation (EEC) No 638/93 20.3.1993 OJ L 69 of 20.3.1993
Regulation (EEC) No 1574/93 1.1.1994 OJ L 152 of 24.6.1993
Regulation (EEC) No 2430/93 2.9.1993 OJ L 223 of 2.9.1993
Regulation (EC) No 794/94 9.4.1994 OJ L 92 of 9.4.1994
Regulation (EC) No 3290/94 1.1.1995 OJ L 349 of 31.12.1994
Regulation (EC) No 195/96 2.2.1996 OJ L 26 of 2.2.1996
Regulation (EC) No 1272/2002 20.7.2002 OJ L 184 of 13.7.2002
Regulation (EC) No 865/2004 7.5.2004 OJ L 161 of 30.4.2004
Regulation (EC) No 1182/2007 6.11.2007 OJ L 273 of 17.10.2007

Successive amendments and corrections to Regulation (EEC) No