Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
Corrected by
Corrigendum to Council Regulation (EC) No 361/2008 of 14 April 2008 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation), 308R0361R(01), January 30, 2009
Council Regulation (EC) No 361/2008of 14 April 2008amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Whereas:(1)With a view to simplifying the regulatory environment of the common agricultural policy (CAP), Regulation (EC) No 1234/2007 (Single CMO Regulation)OJ L 299, 16.11.2007, p. 1. Regulation as last amended by Regulation (EC) No 248/2008 OJ L 76, 19.3.2008, p. 6). repealed, and replaced by one single legal act, all the regulations which the Council had adopted since the introduction of the CAP in the framework of the establishment of common organisations of the markets for the agricultural products or groups of products.(2)As explained in recital 7 of the Single CMO Regulation, that act of simplification was not meant to lead to calling into question policy decisions that had been taken over the years in the CAP and, therefore, it did not envisage providing for any new instruments or measures. The Single CMO Regulation, therefore, reflects the policy decisions taken up to the moment when the text for the Single CMO Regulation was proposed by the Commission.(3)In parallel to the negotiations carried out within the Council on the adoption of the Single CMO Regulation, the Council also negotiated and adopted a series of policy decisions in several sectors. This is the case in respect of the sugar, seeds, milk and milk products sectors.(4)Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sectorOJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). was amended mainly with a view to achieving a structural balance of the market concerned. Those amendments have been adopted and were published only shortly before the publication of the Single CMO Regulation.(5)Council Regulation (EC) No 1947/2005 of 23 November 2005 on the common organisation of the market in seedsOJ L 312, 29.11.2005, p. 3. Regulation as last amended by Regulation (EC) No 1247/2007 (OJ L 282, 26.10.2007, p. 1). was amended at the same time as the Single CMO Regulation was adopted. That amendment discontinues the possibility for Finland to grant national aid for seeds and cereal seed and, in order to provide farmers in Finland with the opportunity to prepare for a situation without national aid, provides for a final, additional transitional period during which national aid for the production of seeds and cereal seed, with the exception of Timothy seeds, may be granted by Finland.(6)Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk productsOJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3)., was amended shortly before the adoption of the Single CMO Regulation introducing various amendments to the public intervention and private storage schemes in respect of butter and skimmed milk powder, repealing the possibility for military forces to buy butter at reduced prices and setting a flat-rate aid for all categories of milk supplied to pupils in educational establishments.Moreover, 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 milkOJ 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). was also amended at the same time as Regulation (EC) No 1255/1999 allowing the marketing, as drinking milk, of products with a fat content other than those that had previously been provided for in that Regulation.(7)Those amendments need to be incorporated into the Single CMO Regulation in order to ensure that those policy decisions are being maintained from the application of the Single CMO Regulation in the sectors concerned.(8)In parallel to the negotiations and adoption of the Single CMO Regulation, the Council also negotiated and adopted a policy reform in the fruit and vegetables and processed fruit and vegetables sectors. To that end, Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sectorOJ L 273, 17.10.2007, p. 1. was adopted. As explained in recital 8 of the Single CMO Regulation, only those provisions of the two aforementioned sectors which were not themselves subject to any policy reforms were incorporated into the Single CMO Regulation from the beginning and the substantive provisions which were subject to policy amendments should be incorporated into the Single CMO Regulation once enacted. Since that is the case, the fruit and vegetables and processed fruit and vegetables sectors should now be fully incorporated into the Single CMO Regulation by way of introducing the policy decisions taken in Regulation (EC) No 1182/2007 in respect of the common organisation of the markets for the products of these two sectors into the Single CMO Regulation.(9)Council Regulation (EC) No 700/2007 of 11 June 2007 on the marketing of the meat of bovine animals aged 12 months or lessOJ L 161, 22.6.2007, p. 1. introduced new marketing rules for the products concerned. The aim of the Single CMO Regulation was to amalgamate all the rules existing in the context of the common organisation of the markets into a single legal framework and to replace sectoral approaches by a horizontal approach. The Single CMO Regulation contains marketing rules for various sectors and it is therefore appropriate to incorporate the new marketing rules introduced by Regulation (EC) No 700/2007 into the Single CMO Regulation.(10)The incorporation of these provisions into the Single CMO Regulation should follow the same approach as that taken by the Single CMO Regulation when it was adopted, namely by not calling into question the policy decisions taken when those provisions were adopted by the Council and the motivation for those policy decisions as expressed in the recitals of the respective Regulations.(11)The Single CMO Regulation should therefore be amended accordingly.(12)The amendments should apply at the latest from the same dates from which the Single CMO Regulation applies for the sectors concerned in accordance with Article 204(2) thereof. As regards the seeds, beef and veal and milk and milk products sectors, Article 204(2) provides for 1 July 2008 as the date from which the Single CMO Regulation applies. This Regulation should, therefore, also provide for 1 July 2008 as the application date for these sectors.(13)Concerning the few provisions in the Single CMO Regulation which had already been provided in relation to the fruit and vegetables and processed fruit and vegetables sectors, they applied, in accordance with Article 204(2) of that Regulation, from 1 January 2008. The respective amendments envisaged in this Regulation could therefore be made to apply from the same date as those for the seeds, beef and veal and milk and milk products sectors, namely, from 1 July 2008.(14)Article 2 of Regulation (EC) No 1152/2007 provides that certain of the amendments introduced by that Regulation in the milk sector should apply only from 1 September 2008. The same application date should be provided for the amendments concerned in the context of this Regulation.(15)As regards the sugar sector, the Single CMO Regulation applies from 1 October 2008 in accordance with point (c) of the second subparagraph of Article 204(2) of that Regulation. The provisions envisaged in this Regulation for that sector should, therefore, also start to apply from 1 October 2008.(16)The following regulations in the fruit and vegetables sector are obsolete and should, therefore, in the interests of legal certainty, be repealed: Regulation (EEC) No 449/69 of the Council of 11 March 1969 on the reimbursement of aid granted by Member States to organisations of fruit and vegetable producersOJ L 61, 12.3.1969, p. 2. Regulation as amended by Regulation (EC) No 3669/93 (OJ L 338, 31.12.1993, p. 26)., Regulation (EEC) No 1467/69 of the Council of 23 July 1969 on imports of citrus fruit originating in MoroccoOJ L 197, 8.8.1969, p. 95. Regulation as amended by Regulation (EEC) No 2365/70 (OJ L 257, 26.11.1970, p. 1)., Regulation (EEC) No 2511/69 of the Council of 9 December 1969 laying down special measures for improving the production and marketing of Community citrus fruitOJ L 318, 18.12.1969, p. 1. Regulation as last amended by Regulation (EEC) No 1130/89 (OJ L 119, 29.4.1989, p. 22)., Regulation (EEC) No 2093/70 of the Council of 20 October 1970 laying down general rules for applying Articles 6 and 7(1) of Regulation (EEC) No 2517/69 laying down certain measures for reorganizing Community fruit productionOJ L 232, 21.10.1970, p. 5., Regulation (EEC) No 846/72 of the Council of 24 April 1972 providing for special measures for the award of contracts for processing tomatoes which have been the subject of intervention measuresOJ L 100, 27.4.1972, p. 3., Regulation (EEC) No 1252/73 of the Council of 14 May 1973 on imports of citrus fruits originating in CyprusOJ L 133, 21.5.1973, p. 113., Regulation (EEC) No 155/74 of the Council of 17 December 1973 on imports of citrus fruits originating in the LebanonOJ L 18, 22.1.1974, p. 97., Regulation (EEC) No 1627/75 of the Council of 26 June 1975 on imports of fresh lemons originating in IsraelOJ L 165, 28.6.1975, p. 9., Council Regulation (EEC) No 794/76 of 6 April 1976 laying down further measures for reorganising Community fruit productionOJ L 93, 8.4.1976, p. 3., Council Regulation (EEC) No 1180/77 of 17 May 1977 on imports into the Community of certain agricultural products originating in TurkeyOJ L 142, 9.6.1977, p. 10. Regulation as last amended by Regulation (EC) No 2008/97 (OJ L 284, 16.10.1997, p. 17)., Council Regulation (EEC) No 10/81 of 1 January 1981 fixing, in respect of fruit and vegetables, the general rules for implementing the 1979 Act of AccessionOJ L 1, 1.1.1981, p. 17., Council Regulation (EEC) No 40/81 of 1 January 1981 fixing the basic prices and the buying-in prices applicable in Greece to cauliflowers and applesOJ L 3, 1.1.1981, p. 11., Council Regulation (EEC) No 3671/81 of 15 December 1981 on imports into the Community of certain agricultural products originating in TurkeyOJ L 367, 23.12.1981, p. 3. Regulation as amended by Regulation (EEC) No 1555/84 (OJ L 150, 6.6.1984, p. 4)., Council Regulation (EEC) No 1603/83 of 14 June 1983 laying down special measures for the disposal of dried grapes and dried figs from the 1981 harvest held by storage agenciesOJ L 159, 17.6.1983, p. 5. Regulation as last amended by Regulation (EEC) No 1979/85 (OJ L 186, 19.7.1985, p. 5)., Council Regulation (EEC) No 790/89 of 20 March 1989 fixing the level of additional flat-rate aid for the formation of producers’ organisations and the maximum amount applied to aid for quality and marketing improvement in the nut- and locust bean-growing sectorOJ L 85, 30.3.1989, p. 6. Regulation as last amended by Commission Regulation (EC) No 1825/97 (OJ L 260, 23.9.1997, p. 9)., Council Regulation (EEC) No 3650/90 of 11 December 1990 on measures to strengthen the application of the common quality standards for fruit and vegetables in PortugalOJ L 362, 27.12.1990, p. 22. Regulation as amended by Regulation (EC) No 1468/97 (OJ L 200, 29.7.1997, p. 1)., Council Regulation (EEC) No 525/92 of 25 February 1992 on temporary compensation for the consequences of the situation in Yugoslavia on transport of some fresh fruit and vegetables from GreeceOJ L 58, 3.3.1992, p. 1., Council Regulation (EEC) No 3438/92 of 23 November 1992 laying down special measures for the transport of certain fresh fruit and vegetables originating in GreeceOJ L 350, 1.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1600/96 (OJ L 206, 16.8.1996, p. 45)., Council Regulation (EEC) No 3816/92 of 28 December 1992 providing for, in the fruit and vegetables sector, the abolition of the compensation mechanism in trade between Spain and the other Member States and allied measuresOJ L 387, 31.12.1992, p. 10. Regulation as amended by Commission Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 8)., Council Regulation (EEC) No 742/93 of 17 March 1993 providing for, in the fruit and vegetables sector, the abolition of the compensation mechanism in trade between Portugal and the other Member StatesOJ L 77, 31.3.1993, p. 8., Council Regulation (EEC) No 746/93 of 17 March 1993 on the granting of aid to encourage the formation and facilitate the operation of producer organisations as provided for in Regulations (EEC) No 1035/72 and (EEC) No 1360/78 in PortugalOJ L 77, 31.3.1993, p. 14. Regulation as amended by Regulation (EC) No 952/97 (OJ L 142, 2.6.1997, p. 30)., Council Regulation (EC) No 399/94 of 21 February 1994 concerning specific measures for dried grapesOJ L 54, 25.2.1994, p. 3. Regulation as last amended by Commission Regulation (EC) No 386/2005 (OJ L 62, 9.3.2005, p. 3)., Council Regulation (EC) No 2241/2001 of 15 November 2001 amending the autonomous common customs tariff duty for garlic falling within CN code 07032000OJ L 303, 20.11.2001, p. 8., Council Regulation (EC) No 545/2002 of 18 March 2002 extending the financing of quality and marketing improvement plans for certain nuts and locust beans approved under Title IIa of Regulation (EEC) No 1035/72 and providing for a specific aid for hazelnutsOJ L 84, 28.3.2002, p. 1.,HAS ADOPTED THIS REGULATION: