Legal provisions of COM(2005)613 - Application of certain rules of competition to production of and trade in agricultural products (Codified version)

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dossier COM(2005)613 - Application of certain rules of competition to production of and trade in agricultural products (Codified version).
document COM(2005)613 EN
date July 24, 2006

Contents

Article 1

Articles 81 to 86 of the Treaty and provisions made in implementation thereof shall, subject to Article 2 Ö of this Regulation Õ , apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to production of or trade in the products listed in Annex I to the Treaty.

ê 26/62

Article 2

1. Article 81(1) of the Treaty shall not apply to such of the agreements, decisions and practices referred to in Article1 of this Regulation as form an integral part of a national market organisation or are necessary for attainment of the objectives set out in Article 33 of the Treaty.

In particular, it shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless the Commission finds that competition is thereby excluded or that the objectives of Article 33 of the Treaty are jeopardised.

2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1.

The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.

3. The publication shall state the names of the parties and the main content of the decision; it shall have regard to the legitimate interest of undertakings in the protection of their business secrets.

ê 26/62 (adapted)

Article 3

The provisions of Article 88(1) and of the first sentence of Article 88(3) of the Treaty shall apply to aids granted for production of or trade in the products listed in Annex I to the Treaty.

ê

Article 4

Regulation No 26 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.

ê 26/62 (adapted)

Article 5

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

ê 26/62

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