Considerations on COM(2005)613 - Application of certain rules of competition to production of and trade in agricultural products (Codified version) - Main contents
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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  |
| date | July 24, 2006 |
7. Council Regulation No 26 of 4 April 1962 applying certain rules of competition to production of and trade in agricultural products[6] has been substantially amended[7]. In the interests of clarity and rationality the said Regulation should be codified.
ê 26/62 Recital 1 (adapted)
8. By virtue of Article 36 of the Treaty one of the matters to be decided under the Common Agricultural Policy is whether the rules on competition laid down in the Treaty are to apply to production of and trade in agricultural products Ö . Õ Accordingly the provisions Ö of this Regulation Õ will have to be supplemented in the light of developments in that policy.
ê 26/62
9. The rules on competition relating to the agreements, decisions and practices referred to in Article 81 of the Treaty and to the abuse of dominant positions must be applied to production of and trade in agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise attainment of the objectives of the Common Agricultural Policy.
10. Special attention is warranted in the case of farmers' organisations which are particularly concerned with the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises attainment of the objectives of Article 33 of the Treaty.
ê 26/62 Recital 5
11. In order both to avoid compromising the development of a Common Agricultural Policy and to ensure certainty in the law and non-discriminatory treatment of the undertakings concerned, the Commission must have sole power, subject to review by the Court of Justice, to determine whether the conditions provided for in the two preceding Recitals are fulfilled as regards the agreements, decisions and practices referred to in Article 81 of the Treaty.
ê 26/62 Recital 7
12. In order to implement, as part of the development of the Common Agricultural Policy, the rules on aids for production of or trade in agricultural products, the Commission should be in a position to draw up a list of existing, new or proposed aids, to make appropriate observations to the Member States and to propose suitable measures to them,
ê 26/62 (adapted)