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Charles M. Duncan - Eat, Drink, and Be Wary

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Charles M. Duncan

Eat, Drink, and Be Wary

2015

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3 Produce S. 17-22

doi.org/10.5771/9781442238404

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Rudolf Moegele, Friedrich Erlbacher

Single Common Market Organisation

2011

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Producer organisations S. 534-539

„… when assessing the effect of activities of producer and interbranch organisations on competition within …” „… organisation.23 II. Aid to producer organisations 25In some sectors, the EU provides financial incentives for …” „… the activities of recognised producer organisations. Chapter IV of Title I of Part II of the sCMO …”

a Aids to producer organisations S. 345-349

„… Aids to producer organisations 1. The Community shall finance a payment to producer organisations in …” „… financing per year for the payment to producer organisations shall be EUR 2 277 000 for Germany. 3. The …” „… to make, on an annual basis, an additional payment to farmers and/or a payment to recognised producer …”

a Aid to producer groups S. 351-352

„… Subsection I Producer groups Article 103a Aid to producer groups 1. During the transitional period allowed …” „… pursuant to Article 125e, Member States may grant to producer groups in the fruit and vegetables sector …” „… which have been formed in view of being recognised as a producer organisation: (a) aid to encourage …”

a Rules of association of producer organisations S. 547-551

„… sector, which go beyond those laid down in Arts 122 and 123 for producer organisations and interbranch …” „… organisations, respectively. Section Ia1 Rules concerning producer and interbranch organisations and producer …” „… groups in the fruit and vegetables sector Subsection I Rules of association and recognition of producer …”

i Financial contributions of non-member producers S. 565-566

„… 2 9.1.431; Page size: 160.00mm 240.00mm provisions on producer organisations, a deviation from the …” „… Art. 17 of Council Regulation (EEC) No 1360/78 of 19 June 1978 on producer groups and associations …” „… Financial contributions of non-member producers Where Article 125f(1) is applied, the Member State concerned …”

Common provisions concerning producer and interbranch organisations S. 544-546

„… organisations or associations which constitute them 11The respective observations on producer organisations24 …” „… and the fruit and vegetables sector, Art. 123(3)(c) provides that producer organisations “carry out …” „… marketing of the produce of the members, as well as the adaptation of production, have the potential to …”

Contribution of producers to the surplus levy due S. 287-288

„… 2 9.1.431; Page size: 160.00mm 240.00mm Article 791 Contribution of producers to the surplus levy …” „… producers who have contributed to each of the overruns of the national quotas referred to in Article 66(2 …” „… ). Without prejudice to Articles 80(3) and 83(1), producers shall be liable vis-a`vis the Member State for …”

e Producer groups in the fruit and vegetables sector S. 556-557

„… doing so is an appropriate way to achieve the objectives of the producer organisation or association of …” „… producer organisations concerned. Recitals: Recital 11 of Regulation (EC) 1182/20071. Implementing …” „… recognised producer organisation, or an association thereof, weakens the strong supervisory framework of the …”

j Extension of rules of associations of producer organisations S. 566-567

„… rules of producer organisations to nonmembers, Art. 125i provides that non-members subject to such …” „… extension may be held liable to the producer organisation for certain costs. Other rules on financial …” „… financially liable only if Art. 125f(1) is applied, i.e. if rules of a producer organisation are extended to …”

c Association of producer organisations in the fruit and vegetables sector S. 554-555

„… conditions that have to be met for such withdrawal. However, given the fact that the recognition of producer …” „… . Subsection II Association of producer organisations and producer groups Article 125c Association of producer …” „… organisations in the fruit and vegetables sector An association of producer organisations in the fruit and …”

ANNEX XVIa EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NONMEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125L S. 964-965

„… EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NONMEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125 …” „… FOR NONMEMBER PRODUCERS Annexes A 963 Reemers Publishing Services GmbH O:/Beck/Moegele_Erlbacher/3 …”

ANNEX III DEFINITIONS REFERRED TO IN ARTICLE 2(1) S. 921-926

„… of a vine which has already been subject to a previous grafting. Produce-related 4. ‘Fresh grapes …” „… pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation. 5. ‘Fresh …”

d Outsourcing S. 555-556

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. Presumption that associations of producer organisations act on behalf of members …” „… associations of producer organisations in the fruit and vegetables sector. As explained in the 11th recital of …” „… associations of producer organisations to carry out any of the activities of their members should further …”

g Approval of operational programmes S. 355-367

„… ) reporting obligations for producer organisations. The national strategy shall also integrate the national …” „… recognised producer organisations. Article 103g Approval of operational programmes 1. Draft operational …” „… request their modification in line with the provisions of this subsection. 2. Producer organisations shall …”

Fat content S. 260-263

„… 2 9.1.431; Page size: 160.00mm 240.00mm Article 70 Fat content 1. Each producer shall be assigned …” „… producer. 2. For the quotas allocated to producers on 31 March 2008 in accordance with Article 67(1), the …” „… accordance with rules to be established by the Commission. 4. For new producers having an individual quota …”

Definitions S. 240-244

„… ) ‘milk’ shall mean the produce of the milking of one or more cows; (b) ‘other milk products’ means any …” „… Commission; (c) ‘producer’ means a farmer with a holding located within the geographical territory of a …” „… Member State, who produces and markets milk or who is preparing to do so in the very near future; (d …”

f Extension of rules S. 557-562

„… producer groups which are granted a transitional period during which national and EU financial support can …” „… be given against certain commitments by that group.4 Details on the financial support to producer …” „… Member States. 3 The conditions for forming producer groups are their establishment as a legal entity or …”

Surplus levy on deliveries S. 288-290

„… statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference …” „… of the deliveries, adjusted in accordance with the first subparagraph. […] 3. Each producer’s …” „… to the individual quotas of each producer or according to objective criteria to be set by the Member …”

Individual quotas S. 247-258

„… . Article 67 Individual quotas 1. The producers’ individual quota or quotas at 1 April 2008 shall be equal …” „… , sales and conversions of quota that take effect on 1 April 2008. 2. Producers may have either one or two …” „… individual quotas, one for deliveries and the other for direct sales. A producer’s quantities may be …”

b Recognition S. 551-554

„… should be refutable if a member can demonstrate that specific actions of the producer organisations were …” „… recognise as producer organisations in the fruit and vegetables sector all legal entities or clearly defined …” „… groups of products referred to in Article 122(a)(iii) should be covered by the producer organisation; (d …”

Role of purchasers S. 290-292

„… from producers contributions due from the latter by virtue of the surplus levy and shall pay to the …” „… Commission, the amount of these contributions deducted from the price of the milk paid to the producers …” „… producers shall be taken into account for the remainder of the twelve-month period in progress, after …”

Amounts paid in excess or unpaid S. 294-296

„… producers unused quota for direct sales. This decision may concern only part of the quota. The reallocation …” „… the levy due by the producer who overrun his direct sales quota are established by the Commission.4 5 …” „… The surplus levy must be paid by the producers liable for the levy before 1 October5 following the …”

Transfers of quotas together with land S. 268-275

„… . Individual quotas shall be transferred with the holding to the producers taking it over when it is sold …” „… effects for the producers, in accordance with detailed rules to be determined by the Member States, taking …” „… attributed solely to producers, that the quota shall not be transferred with the holding. 3. Where land is …”

o Recognition S. 576-580

„… also be found in Art. 106(2), TFEU emphasises that the recognition of the special role of producer …” „… individuals benefiting from the activity. Section Ib1 Rules concerning producer and interbranch organisations …” „… in the wine sector Article 125o Recognition 1. Member States may recognise producer and inter-branch …”

Operator organisations S. 546-547

„… first subparagraph of Art. 124(2) deals with the recognition of producer organisations under the …” „… producer groups/organisations. The respective reference to preceding regulations of the fruit and vegetable …” „… of the rules on producer and interbranch organisation of this sector in the sCMO Regulation saw the …”

Surplus levy S. 280-287

„… dairy production. It is set at a level that should discourage dairy producers to market milk and milk …” „… penalty and if milk producers should pay it only in case when they overrun their individual quota …” „… as it does not aim at penalising an abusive behaviour of the producers.4 It has a 2 See Gospodinova …”

Introduction to Chapter II S. 528-534

„… . CHAPTER II Producer organisations, interbranch organisations, operator organisations Introduction to …” „… 9.1.431; Page size: 160.00mm 240.00mm 1. The potential of producer and interbranch organisations to …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 b) The present Chapter in the context of Chapter I of Part IV 15 II. Aid to producer organisations …”

Surplus levy on direct sales S. 293-294

„… . 23(3) of Regulation (EC) No 595/2004. As producers are allowed to deliver milk only to authorised …” „… accounting of deliveries. As regards direct sales these duties have to be fulfilled by the producers …” „… . Detailed rules are laid down in Art. 11 of Regulation (EC) No 595/2004. Producers have to declare to the …”

Interbranch organisations S. 539-544

„… producers 14 The condition that producer organisations must be formed on the initiative of producers had …” „… compatibility of agreements, decisions and concerted practices of producer organisations with the cartel …” „… producers themselves take the initiative to form a grouping. 15 Art. 122 provides that producer …”

d Community financial assistance S. 353-354

„… measures, producer organisations may take out loans on commercial terms. In this case, the repayment of the …” „… Agricultural Fund for Rural Development (EAFRD)1. Where at least 80 % of the producer members of a producer …” „… shall be capped at 4,1 % of the value of the marketed production of each producer organisation. However …”

National quotas S. 244-247

„… 2 9.1.431; Page size: 160.00mm 240.00mm produced on the holding farmed by the producer. It is that …” „… of production from the producer’s own dairy herd but also of the milk bought by him from a Milk …” „… Marketing Board even though a quota in respect of that milk was already assigned to another producer. This …”

h Repeal of the extension of rules S. 563-565

„… , the extension of rules of producer organisations needs careful monitoring both at Member State and at …” „… 125f(1): (a) where it finds that the extension in question to other producers excludes competition in …” „… the rules extended to other producers. The Commission’s decision with regard to those rules shall …”

Cases of inactivity S. 264-266

„… set up a national reserve and determine rules for the allocation of milk quota to producers according …” „… without land. The national reserve also includes the individual quota of inactive producers who have …” „… quota is then reallocated to producers on the basis of objective criteria. 4The amounts accruing to the …”

Approval S. 292-293

„… milk producers to keep records on the use of produced butter. This even where the butter has been …” „… by producers.5 8Art. 24 of Regulation (EC) No 595/2004 specifies further obligations of the …” „… Commission. The conditions to be fulfilled and information to be provided by producers in the case of direct …”

e National financial assistance S. 354-355

„… production and labelling of organic products2; (d) it is submitted by a producer organisation in one of the …” „… later than the end of 2013; (e) it is the first to be submitted by a recognised producer organisation …” „… which has merged with another recognised producer organisation; (f) it is the first to be submitted by a …”

a Potato starch quotas S. 296-299

„… when producers exceed their individual quota are obliged to reimburse the advances collected to the …” „… producers concerned. In this case Member States do not have any discretionary power. III. Late payments or …” „… met by the producer or purchaser, as appropriate, the interests are to be paid to the Member State …”

Special transfer measures S. 275-278

„… interests of the parties concerned: (a) grant compensation in one or more annual instalments to producers …” „… conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period …” „… quotas released definitively at the end of the preceding twelve-month period by other producers in return …”

Financing S. 158-166

„… producers contribute to the expenditure borne by Member States, this does not result in distortion of …” „… competition between producers in different Member States. Recitals: Recitals 21 and 22 of Regulation (EC) No …” „… States raise contributions from the producers in order to finance their co-financing share, they are …”

Management of quotas S. 258-260

„… 2 9.1.431; Page size: 160.00mm 240.00mm the situation where a producer who has two types of quota …” „… with its purpose, which is to enable producers who have two quotas to adapt to changes in their …” „… so as to exclude from its scope producers who were not in fact carrying out both direct sales and …”

a Transitional rules in the fruit and vegetables and the processed fruit and vegetables sectors S. 890-893

„… producers of certain citrus fruit2 (1) and abolished by Regulation (EC) No 1182/2007 shall remain applicable …” „… . 2. Producer organisations and associations of producer organisations already recognised under …” „… Regulation by 31 December 2010. Producer organisations and associations of producer organisations already …”

Temporary transfers S. 266-268

„… , any temporary transfers of part of individual quotas which the producers who are entitled thereto do …” „… producers or milk production structures concerned, may limit them to the level of the purchaser or within …” „… transfer without land was linked to the condition that the quota receiver was a milk producer.2 Thus, Art …”

t Harvest insurance S. 395-396

„… together a number of producers into a common pool. Generally speaking, the money collected in the pool may …” „… , firstly, reduce producers’ exposure to market fluctuations and, secondly, to somewhat compensate for the …” „… mutual funds, explicitly and exclusively aimed at insuring producers against market fluctuations, in the …”

c Operational programmes S. 352-353

„… exceeds a threshold. A ceiling may be applied to the aid payable in any given year to a producer group …” „… . Subsection II Operational funds and operational programmes Article 103b Operational funds 1. Producer …” „… : (a) financial contributions of members or of the producer organisation itself; (b) Community …”

d Application for protection relating to a geographical area in a third country S. 474-475

„… Applicants 1. Any interested group of producers, or in exceptional cases a single producer, may apply for the …” „… the application. 2. Producers may lodge an application for protection only for wines which they …” „… produce. 3. In the case of a name designating a trans-border geographical area or a traditional name …”

e Applicants S. 475-476

„… producers, or in exceptional cases a single producer, may apply for the protection of a designation of …” „… . Producers may lodge an application for protection only for wines which they produce. 3. In the case of a …” „… registration and protection of an indication for the wines they actually produce. 2 Producers means not only a …”

b Obligatory regularisation of unlawful plantings planted before 1 September 1998 S. 304-306

„… 31 December 2015 (see Arts 85f and 85g(5)). Thereafter, producers will be able to freely decide …” „… of equity and equal treatment. Producers should not feel that avoiding the obligation to grubup is …” „… before 1 September 1998 1. Producers shall, against the payment of a fee and not later than 31 December …”

Introduction to Section III S. 235-240

„… State concerned.3 If none of these options have been put to use by a producer with an excess production …” „… , milk distributed to the schools) and to stimulate dairy producers to manage their development. A …” „… milk producers during the 1984/85 and 1985/86 milk years, OJ 1984 L 115, p. 74. 4 Council Regulation …”

National reserve S. 263-264

„… between producer groups, without a transfer of the corresponding land or the transfers take place in the …” „… such cases, the fat content percentages in the new quotas allocated to milk producers are added to the …” „… representative fat content granted previously to the producer so that the new representative fat content is the …”

s Mutual funds S. 394-395

„… grape variety and the type of wine produced in the area, must be provided by producers when submitting …” „… provide assistance to producers seeking to insure themselves against market fluctuations. 2. Support for …” „… are a type of insurance that brings together a number of producers into a common pool. Generally …”

a Unlawful plantings planted after 31 August 1998 S. 302-304

„… plantings planted after 31 August 1998 1. Producers shall grub up at their own cost areas planted with vines …” „… producer. The products resulting from distillation may not be used in the preparation of alcohol having an …” „… penalties imposed by Member States, Member States shall impose penalties on producers who have not complied …”

x Crisis distillation S. 401-403

„… potable alcohol distillation, which may be granted to producers whose production has a final use for the …” „… producers who are not themselves grape producers. Article 103x Crisis distillation 1. Support may be granted …” „… producers while distorting the necessary balance between supply and demand as casting serious doubts on the …”

g Notification S. 562-563

„… producer organisations with the cartel prohibition needs to be assessed in the light of the requirements …” „… agricultural law, in particular the principle of nondiscrimination between EU producers.21 Second, according to …” „… forthwith of the rules which they have made binding on all producers in a specific economic area pursuant to …”

Titelei/Inhaltsverzeichnis

„… 240.00mm Editor’s preface The idea to produce this commentary was born at a time when the single CMO …” „… ......................................... 226 II. Processing of excess produce …” „… ................................. 227 V. Export of excess produce and WTO litigation …”

Payment of subscription by non-members S. 580-583

„… recognised producer organisations under the sCMO. 15Equally, pursuant to the second subpara. of para. 2, if …” „… (producer organisations). “New” recognition decisions concerning such organisations are not necessary. 17Art …” „… ) in the fruits and vegetables sector mutatis mutandis applicable to producer and interbranch …”

Implementing rules S. 299-300

„… may only produce starch within the subquota allocated to them. Any quantity produced in excess of that …” „… producer or a group of producers of starch potatoes. Each of these contracts are to be identified by a …” „… number and contain information allowing to identify the potato producer. The objective of that system, as …”

w Potable alcohol distillation S. 400-401

„… producers of a given Member States are so required by the national implementing rules. 4The aid is paid to …” „… producer or the distiller, depending on who actually bears such costs. The amount of this aid is fixed by …” „… , until 31 July 2012 to producers, for wine which is distilled into potable alcohol. 2. The relevant …”

Introduction S. 518-519

„… subject to the classification obligation in the first place which also enables producers in those Member …” „… production of wine which is entirely consumed in the producer’s household (second subpara. of para. 5) or (ii …” „… According to para. 6, Member States must control compliance of producers with the rules, EU or Member States …”

Registration of contracts in the hops sector S. 823-825

„… producers of cheeses with a protected designation of origin in accordance with Regulation (EC) No 510/2006 …” „… deadlines for the reports due according to points 4 (producer organisations, operational funds and …” „… concluded between a producer or producer organisation on the one hand and a buyer on the other shall be …”

Quota systems and production potential S. 204-216

„… paragraph 1 of this Article, if a producer exceeds the relevant quota and, with regard to sugar, does not …” „… legislator does mostly not actually forbid the producers to produce more than the quantities, allocated to …” „… milk and sugar sectors, in which producers that exceed their quota have to pay surplus levies over the …”

ANNEX XIV MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POULTRYMEAT SECTORS REFERRED TO IN ARTICLE 116 S. 955-957

„… sold directly to the final consumer by the producer: (a) on the production site, or (b) in a local …” „… such exemption is granted, each producer shall be able to choose whether to apply such exemption or not …” „… marked with the producer code. Class B eggs shall be marked with the producer code and/or with another …”

k Recognition and withdrawal of recognition S. 567-571

„… 2 9.1.431; Page size: 160.00mm 240.00mm 1 The present Article puts associations of producer …” „… organisations, which are defined by Art. 125c of the sCMO Regulation, on an equal footing with producer …” „… associations of producer organisations as of its first introduction into Community law by Regulation (EEC) No …”

j National and regional reserve of planting rights S. 313-314

„… from the reserve. 4. Producers may transfer replanting rights to national or regional reserves. The …” „… forfeited by producers for reason of their non-use within the (formerly) prescribed time limits. 3 It is the …” „… respectively prescribed period. 4 In addition, under para. 4 producers may sell unused replanting rights to the …”

y Use of concentrated grape must S. 403-404

„… entirety of their producers. 7 In accordance to Art. 28 of Commission Regulation (EC) No 555/2008 – Member …” „… entirety of their producers on the basis of objective and non discriminatory criteria. 8 The amount of the …” „… to the wine producers 10 According to Article 30(2) of the said Regulation, such a minimum price …”

n Financial contributions of non-members S. 575-576

„… down in Art. 125i to hold non-members of producer organisations in the fruit and vegetable sector …” „… , Art. 125i, point 2. Art. 125n Part II Title II Ch. II Producer organisations, interbranch …” „… producer organisations and interbranch organisations by the public authorities is based on considerations …”

Aids to operator organisations S. 349-351

„… or non-producing Member States by approved operator organisations from at least two producer Member …” „… payment of aid is made, the competent German authority must identify the eligible producer organisations …” „… sample determined on the basis of a risk analysis and comprising at least 30 % per year of producer …”

Introduction to Subsection I S. 301-302

„… year 2010/ 2011. The measure under which non-viable producers are granted a premium for grubbing up …” „… having a social vocation supporting producers who risk not being viable in the future in the absence of …” „… producer can rely on a corresponding planting right. The overall number of those rights was finite and …”

v By-product distillation S. 399-400

„… forms of distillations, two of which were obligatory for producers and two were voluntary: – A specific …” „… and producers’ income, the system con- 8 According to Art. 20 of Commission Regulation (EC) No …” „… or in its entirety) if the producers of a given Member States are so required by the national …”

Index S. 1038-1045

„… hemp grown for fibre 92 – aid schemes 86–104 – aid to producer organisations pre 122–127 25 …” „… – distillation of wine 182a 22, 24 – fruit and vegetable producer groups and organisations 103a, 103a–103g 7 …” „… – hops operator organisations 103 – hops producer organisations 102a – hops sector 102a–103 – mandatory …”

Marketing standards for products of the eggs and poultry meat sectors S. 448-454

„… producers and consumers. In this respect it must be stated that consumer habits have not changed to the …” „… , facilitate their sales. It was therefore considered to be in the interest of producers, traders and consumers …” „… producers from compliance with the marketing standards if their relevant products are sold directly to the …”

ANNEX XIII MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN ARTICLE 114(2) S. 953-955

„… REFERRED TO IN ARTICLE 114(2) I Definitions For the purposes of this Annex: (a) ‘milk’ means the produce of …” „… the final consumer by the producer: (a) on the production site, or (b) in a local public market or by …” „… , each producer shall be able to choose whether to apply such exemption or not. Where this exemption is …”

COUNCIL REGULATION (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 S. 1026-1032

„… percentage in Article 72(2) of that Regulation which a producer should use during a twelvemonth period and …” „… sustainable agriculture, it is necessary to continue the shift from production support to producer support by …” „… to the industry, the appropriate adjustments in the price paid to the producers of the raw materials …”

i Replanting rights S. 311-313

„… replanting rights to producers who have grubbed up an area planted with vines. However, grubbed-up areas for …” „… rights. 2. Member States may grant replanting rights to producers who undertake to grub up an area …” „… vines grubbed-up entitles the producer to replant a new hectare (unless the grubbing-up occurs under …”

Transitional rules S. 889-890

„… 2202/ 96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruit2 …” „… products concerned for the marketing year for that product ending in 2008. 2. Producer organisations and …” „… associations of producer organisations already recognised under Regulation (EC) No 2200/96 before the date of …”

f National framework and national strategy for operational programmes S. 355

„… ) reporting obligations for producer organisations. The national strategy shall also integrate the national …” „… recognised producer organisations. Article 103g Approval of operational programmes 1. Draft operational …” „… request their modification in line with the provisions of this subsection. 2. Producer organisations shall …”

Specific national provisions S. 796-798

„… paid only to producers of fruit and vegetables who are not members of a recognised producer …” „… organisation and who sign a contract with a recognised producer organisation in which they accept that they …” „… shall apply the crisis prevention and management measures of the producer organisation concerned; (b …”

Allocation of quotas from the national reserve S. 258

„… 2 9.1.431; Page size: 160.00mm 240.00mm the situation where a producer who has two types of quota …” „… with its purpose, which is to enable producers who have two quotas to adapt to changes in their …” „… so as to exclude from its scope producers who were not in fact carrying out both direct sales and …”

Implementing rules S. 583-586

„… the conditions and procedures for the recognition of producer, interbranch and operator organisations …” „… transnational producer organisations and transnational associations of producer organisations including …” „… Commission Regulation (EC) No 1299/2007 of 6 November 2007 on the recognition of producer groups for hops, OJ …”

Reporting in respect of certain sectors S. 822-823

„… as regards producer organisations, operational funds and operational programmes in the fruit and …” „… necessary by appropriate proposals. Furthermore, a report will study the consequences for producers of …” „… deadlines for the reports due according to points 4 (producer organisations, operational funds and …”

Introduction S. 458-466

„… some other major wine producers, such as United States or Australia4, were skeptical of the strong …” „… protection granted by the former’s legal system to their producers. These disagreements reflect obvious …” „… producers. In fact, some EU geographical indications were being used as generic names by USA producers (e.g …”

q Restructuring and conversion of vineyards S. 389-393

„… restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers. 2. The …” „… to producers for the loss of revenue due to the implementation of the measure; (b) contribution to …” „… the costs of restructuring and conversion. 5. Compensation to producers for the loss of revenue as …”

x Implementing measures S. 324-325

„… to producers concerning the availability of the scheme; (e) the reporting requirements as regards …” „… have concluded contracts with producers of fodder for drying. Where a contract is a special-order …” „… contract for processing of fodder delivered by a producer, it shall include a clause containing an …”

u Investments S. 396-399

„… the producers may have obtained from other support schemes related to the insured risk. 4. Support for …” „… tool which seeks to help safeguard producers’ incomes where these are affected by unusual developments …” „… beyond the producers’ control, such as natural disasters, adverse climatic events, diseases or pest …”

Minimum beet price S. 180-184

„… highest. It was applied in the United Kingdom and 3 EUR 46.72 a tonne for the A beet used to produce A …” „… quota sugar and EUR 32.42 a tonne for the B beet used to produce B quota sugar. 4 EUR 366 per tonne. 5 …” „… EUR 265 per tonne. 6 7.7 tonnes of beet to produce one tonne of sugar. Sect. III Measures in the sugar …”

Aid for the supply of milk products to pupils S. 343-345

„… production of casein and caseinates from skimmed milk4. 8 The aid is granted to producers of casein and …” „… packaging/labelling requirements (Art. 3). 9 The aid is paid on the basis of a producer’s application specifying …” „… these products. 10 No provision is made for formal approval of producers but Art. 4 establishes detailed …”

a Classification of wine grape varieties S. 516-518

„… areas where the relevant production is intended exclusively for consumption by the wine-producers …” „… ’ households. 6. Member States shall take the necessary measures to check compliance by producers with …” „… also enables producers in those Member States to plant, replant or graft the wine grape varities Noah …”

Production charge S. 190-197

„… figure includes the sugar substitutes isoglucose and inulin syrup. 7 In the previous sugar CMO, producers …” „… , compensation was not granted to cereals producers supplying isoglucose producers, under the assumption that the …” „… ) a temporary restructuring fund, financed via a contribution paid by producers on their quota …”

Retention of quotas S. 278-279

„… reallocation to other priority producers via the national reserve.7 Article 76 Retention of quotas 1. In the …” „… objective criteria and with the aim of ensuring that quotas are attributed solely to producers, whether and …” „… transfers out of regions, whilst lower rates would apply to certain groups of producers, such as young …”

b Operational funds S. 352

„… exceeds a threshold. A ceiling may be applied to the aid payable in any given year to a producer group …” „… . Subsection II Operational funds and operational programmes Article 103b Operational funds 1. Producer …” „… : (a) financial contributions of members or of the producer organisation itself; (b) Community …”

Introduction to Section IVa S. 300-301

„… obligations of purchasers and producers in terms of declarations and time limits for payment of the levy.4 At …” „… / 2011. The measure under which non-viable producers are granted a premium for grubbing up their vines …” „… social vocation supporting producers who risk not being viable in the future in the absence of market …”

b Compulsory declarations in the wine sector S. 827-828

„… declarations in the wine sector 1. Producers of grapes for wine making and producers of must and wine shall …” „… : 160.00mm 240.00mm 3. Producers of must and wine, and merchants other than retailers, shall declare to …” „… basis for requiring must and wine producers and merchants to make a series of compulsory declarations to …”

Aid for the purchase of cream, butter and concentrated butter at reduced prices (repealed) S. 343

„… production of casein and caseinates from skimmed milk4. 8 The aid is granted to producers of casein and …” „… packaging/labelling requirements (Art. 3). 9 The aid is paid on the basis of a producer’s application specifying …” „… these products. 10 No provision is made for formal approval of producers but Art. 4 establishes detailed …”

j Compatibility and consistency S. 379-381

„… increasingly competitive EU wine producers and the strengthening of the reputation of EU quality wine. 3 For …” „… producers concerned and the need to avoid unjustified unequal treatment between producers. Member States …” „… , Member States need to avoid unjustified differentiated treatment between producers and are bound to …”

z Optional particulars S. 507-511

„… there. This is not an exhaustive list, which means that wine producers may indicate other information …” „… producers more flexibility in order to better compete with third countries which have developed an …” „… producers producing “varietal wines” shall be approved by the Member States where the production takes place …”

Application of Articles 81 to 86 of the Treaty S. 779-783

„… contained in the sCMO Regulation related to agreements of producer organisations and interbranch (or …” „… on producer and interbranch organisations was considered as problematic11. The words “Save as …” „… between Arts 175 and 176 on the one hand and the specific rules for producer and interbranch organisations …”

Aid for skimmed milk processed into casein and caseinates S. 341-343

„… Member States and a limited number of producers. 2Compared to the original version of this Article in the …” „… casein and caseinates from skimmed milk4. 8 The aid is granted to producers of casein and caseinates as …” „… requirements (Art. 3). 9 The aid is paid on the basis of a producer’s application specifying notably the …”

p Promotion on third-country markets S. 387-389

„… provide support to wine producers under Art. 103o they are to establish a reference amount for each farmer …” „… producers within the SPS may not be available for other purposes and shall therefore reduce the amount of …” „… the competitiveness of the EU’s wine producers by strengthening the reputation of wine produced in the …”

Marketing standards S. 415-419

„… for consumers and are overall in the interest of producers, traders and consumers. 2Art. 113 covers a …” „… primarily in the interest of producers and traders. It also lays down, in the interest of consumers, the …” „… that standards help guide production as they serve as quality targets for growers and producers. At the …”

Eligible undertakings S. 325-326

„… producers of fodder for drying. Where a contract is a special-order contract for processing of fodder …” „… delivered by a producer, it 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; (b) undertakings …”

l Extension of rules S. 571-574

„… that laid down for the recognition of producer organisations provided for in Art. 125b(2). Unlike Art …” „… Producer organisations, interbranch organisations 570 von Rintelen Reemers Publishing Services GmbH …” „… extending the rules adopted by producer organisations and their associations, and on sharing the costs …”

Introduction to Section II S. 166-167

„… 2 9.1.431; Page size: 160.00mm 240.00mm producer contributions had been left open. Only when EESC …” „… guardian of the internal market had been empowered to regulate the question of producer contributions in …” „… producer contributions. These reflections point to a central problem of the way Arts 44 to 46 are construed …”

h New planting rights S. 310-311

„… 1. Member States may grant new planting rights to producers in respect of areas: (a) intended for …” „… the wine-grower’s household. 2. New planting rights granted shall be: (a) exercised by the producer to …” „… producers who have grubbed up an area planted with vines. However, grubbed-up areas for which a grubbing-up …”

k Granting planting rights from the reserve S. 314-315

„… rights from a reserve: (a) without payment, to producers who are under 40 years of age, who possess …” „… producers who intend to use the rights to plant vineyards the production of which has an assured outlet …” „… rights may be granted against payment to producers who intend to use them to plant vines the production …”

r Green harvesting S. 393-394

„… does not lead to compensation of individual wine producers in excess of the ceiling referred to in the …” „… produce fine wines, and consist of the removal of immature grape bunches, typically for the purpose of …” „… the area, must be provided by producers when submitting their applications8. Article 103s Mutual funds …”

b Scope S. 519-520

„… , often extraneous, circumstances, which was liable to compromise the competitiveness of EU wine producers …” „… for producers. The use of oak chips is authorised in some important third producer countries but had …” „… EU producers to apply this wine-making practice should they consider it in their interest. Eventually …”

c Accompanying documents and register in the wine sector S. 828-829

„… 2 9.1.431; Page size: 160.00mm 240.00mm 3. Producers of must and wine, and merchants other than …” „… . 1Art. 185b sCMO is the legal basis for requiring must and wine producers and merchants to make a …” „… by the wine sector in the exercise of their trade, in particular producers, bottlers and processors …”

Introduction to Section III S. 173-180

„… production. At a time when the most competitive EU undertakings were able to produce at lower cost and meet …” „… necessarily near the out of the EU plantations. As a result, world trade in cane sugar, from producer …” „… supplies on the EU market and guaranteeing remunerative prices for growers and producers, while being …”

Scope S. 227-230

„… explicitly require the producers that have a quota overrun to pay a “super levy”. The reason the sCMO …” „… following: II. Processing of excess produce 2Under Art. 61(a), the producers that have produced sugar …” „… these arrangements. V. Export of excess produce and WTO litigation 5 In September 2002, Australia and …”

Exceptions S. 783-791

„… was not foreseen in this CMO16; – price fixing by processors and producers of raw tobacco was clearly …” „… covering that product17; – an agreement between cauliflower producers’ associations and dealers limiting …” „… the relevant CMO was focused on producers alone and, therefore, the application of the competition …”

Introduction to Subsection II S. 307-309

„… application for regularisation does not neutralise this rule (nor does it allow for a marketing of the produce …” „… come by and the system turned out to sometimes actually hamper viable producers wishing to expand their …” „… always been conceived as only a temporary solution until market forces would guide producers in their …”

Industrial sugar S. 230-232

„… a producer and a user which have both been granted approval in accordance with Article 57; and (b …” „… applies to situations in which a producer and a processor, that have both been granted approval in …” „… sugar, industrial isoglucose or industrial inulin syrup for any given marketing year, and the producer …”

a Potato starch premium S. 331-333

„… referred to in Article 84a(2), provided that they have paid to potato producers a minimum price for all the …” „… potatoes necessary to produce starch up to that quota limit. 3 Council Regulation (EC) No 1673/2000 on the …” „… by the potato starch manufacturers to the producers of starch potatoes (para. 2) and a legal basis …”

Promotional levy in the milk and milk products sector S. 820-822

„… impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk …” „… specifies that a Member State may impose the promotional levy only on its milk producers in respect of …” „… milk but also to dairy products marketed by milk producers in which case the levy has to be based on …”

Single CMO Regulation and WTO rules S. 586-614

„… ) expressly allows for the payment of subsidies exclusively to domestic producers. 13Each Member has a …” „… These were producer financed subsidies in the case of sugar and direct export subsidies in all other …” „… payments-in-kind, to a firm, to an industry, to producers of an agricultural 20 Appellate Body Report, United …”

COUNCIL REGULATION (EC) No 1234/2007: Recitals, list of amendments S. 2-24

„… then divide the burden of payment among the producers who have contributed to the overrun. Those …” „… producers should be liable vis-a`-vis the Member State for payment of their contribution to the levy due by …” „… certain producers to make their contribution to the payment of the levy due. (39) Council Regulation (EC …”

m Notification and repeal of the extension of rules S. 574-575

„… of producer organisations. III. Decision to repeal 3For the decision to repeal an extension of rules …” „… down in Art. 125i to hold non-members of producer organisations in the fruit and vegetable sector …” „… , Art. 125i, point 2. Art. 125n Part II Title II Ch. II Producer organisations, interbranch …”

COMMISSION REGULATION (EU) No 513/2010 of 15 June 2010 amending Annex VI to Council Regulation (EC) No 1234/2007 as regards the adjustment of the quotas as from the 2010/2011 marketing year in the sugar sector S. 1037-1038

„… – aid schemes 86–104 – aid to producer organisations pre 122–127 25 – apiculture sector 105–110 – casein …” „… 22, 24 – fruit and vegetable producer groups and organisations 103a, 103a–103g 7 – hops operator …” „… organisations 103 – hops producer organisations 102a – hops sector 102a–103 – mandatory aid 28–30 (see mandatory …”

Marketing standards for fats S. 445-448

„… must be given to the question as to which extent it gives guidance for both producers and consumers. 22 …” „… at international level and made them compulsory. They channel competition among producers and help …” „… developments 4As long as only butter and margarine were sold to the producer there was no need for further …”

Marketing standards for milk and milk products S. 440-445

„… 2 9.1.431; Page size: 160.00mm 240.00mm the “consumption by individual wine-producers’ households …” „… and to avoid distortion of competition among producers. Compared to the marketing standards for other …” „… with the produce of the milking of one or more cows. 4. Interpretation 17Art. 114(2) and Ann. XIII set …”

d Accompanying measures S. 306-307

„… earlier common market organizations is that producers must prove non-circulation and if distillation is …” „… difficult. 2Para. 2 obliges Member States to monitor compliance by producers with the noncirculation …” „… allow for a marketing of the produce). Article 85e1 Implementing measures Detailed rules for the …”

Commentary on Arts 180–182a S. 799-820

„… extraordinary aid to Italian milk producers30. 3. Specific features of State aid in the agricultural sector 12 …” „… market of an aid that the Italian republic intends to grant to its milk producers, OJ 2003 L 184, p. 15 …” „… producer groups; aids to compensate for damage caused to agricultural production or the means of production …”

g Transitional prohibition on planting vines S. 309-310

„… , together with the market mechanisms to be phased out earlier, ensure that producers will have had the time …” „… rights to producers in respect of areas: (a) intended for new plantings carried out under measures for …” „… planting rights granted shall be: (a) exercised by the producer to whom they are granted; (b) used before …”

c Marketing rules to improve and stabilise the operation of the common market in wines S. 437-438

„… the common market in wines, including the grapes, musts and wines from which they derive, producer …” „… first marketing of the produce concerned; (b) allow for price fixing, including where prices are set for …” „… , the rules (a) must not relate to any transaction after the first marketing of the produce concerned …”

a Scope S. 466-467

„… paragraph 1 shall be based on: (a) protecting of legitimate interests of: (i) consumers; and (ii) producers …” „… essential characteristics of different products placed on the market2. Secondly, from the producers …” „… between producers, effectively identifying and differentiating wine products in terms of quality, taste …”

y Compulsory particulars S. 504-507

„… producer or vendor; (f) an indication of the importer in the case of imported wines; and (g) in the case of …” „… choice of the producers. Compulsory particulars qualify the product in itself (i.e. the category of the …” „… particulars mentioned in para. 1. In both cases, as it is stated that the use “may be omitted”, the producers …”

o Single Payment Scheme and support to vine-growers S. 386-387

„… Member States to grant decoupled aid to wine producers under the SPS, as was repeatedly demanded by some …” „… provide support to wine producers under Art. 103o they are to establish a reference amount for each farmer …” „… producers within the SPS may not be available for other purposes and shall therefore reduce the amount of …”

za Languages S. 511-512

„… by any EU or third country wine producers which produce wines in conformity with the “cre´mant …” „… flexibility for wine producers on the use of languages has been granted. Therefore, para. 1 departs from the …”

ANNEX XVI DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE OILS REFERRED TO IN ARTICLE 118 S. 963-964

„… distillation or for consumption in wine-producers’ households. 5. Without prejudice to the possibility for …” „… PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125L 1. Rules on production information (a) notification of …” „… from the market. XVI.a LIST OF RULES FOR NONMEMBER PRODUCERS Annexes A 963 …”

Import duties S. 643-649

„… products. The goal of an import duty in general is to allow domestic producers to compete equally on the …” „… certain protection to EU producers. This obviously involves that a duty is theoretically set for products …” „… neutralize the cost disadvantage of domestic processors granted to protect domestic producers of the …”

ANNEX XVb RESTRICTIONS S. 962-963

„… only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the …” „… natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants …” „… used only for distillation or for consumption in wine-producers’ households. 5. Without prejudice 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) S. 1017-1021

„… Member States to organisations of fruit and vegetable producers13, Regulation (EEC) No 1467/69 of the …” „… producers’ organisations and the maximum amount applied to aid for quality and marketing improvement in the …” „… O:/Beck/Moegele_Erlbacher/3d/Annex2.3d from 26.04.2011 16:30:32 3B2 9.1.431; Page size: 160.00mm 240.00mm producer …”

z Cross-compliance S. 404-406

„… grape must. Contrary to northern producers, southern wine producers were only allowed to use the latter …” „… environmental condition5: All farmers claiming direct payments, whether or not they actually produce from their …”

a Additional requirements for the marketing of the products of the fruit and vegetables sector S. 419-430

„… ] ECR I-7289; Case C-293/02 Jersey Produce Marketing Organisation [2005] ECR I-9543. Literature: Blumann …” „… EC to trade in that sector’s goods. Cfr. ECJ C- 293/02 Jersey Produce Marketing Organisation para. 73 …” „… technical character, resulting in high costs for producers which have to comply with labelling and grading …”

Carry forward of surplus sugar S. 232-234

„… beet producers will be addressed.6 These beet producers will receive in return for the sugar carried …” „… allocated to the producer – the carry forward of excess production; the use of excess production as …”

c Verification of non-circulation or distillation S. 306

„… earlier common market organizations is that producers must prove non-circulation and if distillation is …” „… difficult. 2Para. 2 obliges Member States to monitor compliance by producers with the noncirculation …”

Interprofessional agreements S. 184-190

„… the newly reformed system the fall in the minimum price for beet producers is intended to be …” „… established for each Member State on the standard quantity of beet needed to produce the quota allocation. The …” „… undertaking shall provide the Member State in which it produces sugar with the following information: (a) the …”

m Protection S. 487-490

„… indicated in the introductory part4, GIs are common property of the producers and traders of a specific and …” „… specification. This right attaches to ‘any operator’ and thus does not identify or privilege the producer as …” „… national authorities are bound to take on their own initiative the measures necessary to prevent producers …”

COUNCIL REGULATION (EC) No 1140/2009 of 20 November 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) S. 1036-1037

„… grant compensation to producers who undertake to abandon permanently all or part of their milk …” „… further the necessary restructuring, the surplus levy payable by the milk producers pursuant to Article …”

ANNEX VIII DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 60 S. 932-935

„… producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing …” „… undertaking which rents the factory in order to produce sugar in it. If the lease is terminated during the …” „… that it meets its obligations under Community legislation towards the sugar-beet or cane producers …”

v De minimis S. 323-324

„… Azores, Madeira and the Canary Islands. 6 Para. 8 provides that producers whose areas are affected by the …” „… penalties in case of delays in reporting and the information which Member States give to producers …”

COUNCIL REGULATION (EC) No 1047/2009 of 19 October 2009 amending Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets as regards the marketing standards for poultrymeat S. 1035-1036

„… 1234/200795 gives to the Member States the possibility to grant compensation to producers who undertake to …” „… payable by the milk producers pursuant to Article 78(1) of Regulation (EC) No 1234/2007 should be …”

COUNCIL REGULATION (EC) No 470/2008 of 26 May 2008 amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund S. 1021-1022

„… 2 9.1.431; Page size: 160.00mm 240.00mm producer organisations as provided for in Regulations (EEC …” „… and amending certain Regulations tobacco aid is granted to the producers of raw tobacco for the …”

Surplus levy S. 234-235

„… in the quota allocated to the producer – the carry forward of excess production; the use of excess …” „… producer with an excess production, a surplus levy will be levied according to Art. 64 sCMO. The objective …”

Implementing rules S. 330-331

„… Article 84a(2), provided that they have paid to potato producers a minimum price for all the potatoes …” „… necessary to produce starch up to that quota limit. 3 Council Regulation (EC) No 1673/2000 on the common …”

n General rules concerning support programmes S. 385-386

„… breakdown of the allocation of EU funds for each producer Member State for the period 2009–2013 …” „… to grant decoupled aid to wine producers under the SPS, as was repeatedly demanded by some …”

ga Aid for the supply of fruit and vegetable, processed fruit and vegetable and banana products to children S. 367-375

„… 2 9.1.431; Page size: 160.00mm 240.00mm regions where producer organisations have marketed less …” „… 31 December 2013 at the latest on the implementation of legislation relating to producer …” „… include seasonality, availability of produce or environmental concerns. In this connection, Member States …”

a Withdrawal of sugar in the 2008/2009 and 2009/2010 marketing years S. 198-203

„… (EC) No 320/2006. 10Pursuant to para. 3, the quantity withdrawn is stored at the producer’s own cost …” „… preventive withdrawals allowed producers to adapt by not producing quantities of sugar destined for …”

k Submission of support programmes S. 381-383

„… Article 103k Submission of support programmes 1. Each producer Member State referred to in Annex Xb shall …” „… O:/Beck/Moegele_Erlbacher/3d/Teil_2.3d from 26.04.2011 16:00:29 3B2 9.1.431; Page size: 160.00mm 240.00mm 3Each producer …”

c Oenological practices and restrictions S. 520-522

„… negotiations of the sector which pitted Northern producer Member States against Southern producer Member States …”

Animal diseases S. 128-155

„… in this important producer country for pigmeat, proved to be more complex than previous measures, and …” „… ECA an important aspect of the previous special measures was “that producers should have a controlled …” „… the payment of an adequate price to the producers should be ensured 15In the following time, the …”

u Exemptions S. 321-323

„… shall not apply in the Azores, Madeira and the Canary Islands. 8. Member States shall grant producers in …” „… Azores, Madeira and the Canary Islands. 6 Para. 8 provides that producers whose areas are affected by the …”

d Specific provisions for the marketing of wine S. 438-440

„… transaction after the first marketing of the produce concerned, (b) must not allow for price fixing, including …” „… individual wine-producers’ households, for the production of wine vinegar or for distillation”. However, this …”

Marketing standards for olive oils and olive-pomace oils S. 456-458

„… European producers of hop and hop products. III. Procedure and future developments 8The Commission is …” „… quality products compared to other oils, thereby favoring the interest of producers, traders and consumers …”

j Homonyms S. 480-482

„… , having regard to the need to treat the producers concerned in an equitable manner and the need not to …” „… from each other, taking into account the need to ensure equitable treatment of the producers concerned …”

a Vineyard register and inventory S. 825-827

„… the wine sector 1. Producers of grapes for wine making and producers of must and wine shall declare to …”

Introduction to Section I S. 125-128

„… beef, the cycle of production is extremely short, thereby in principle enabling the producer to adapt …” „… measures are especially needed if the EU decides to support the market in favour of the affected producers …”

i Decision on protection S. 477-480

„… ) Submission of the application by the producers. (ii) Examination of the application and the technical file by …” „… producers concerned in an equitable manner and the need not to mislead the consumer. 2. Paragraph 1 shall …”

u Definitions S. 496-499

„… defined such terms as those terms traditionally used in producer Member States to designate the production …” „… procedure for PDO/PGI, only Member States and not producers may be applicants since it is for the national …”

Imports of hemp S. 703-706

„… between sugar producers in third countries and EU importers are based on long-term supply contracts. Based …” „… imports of “hemp seeds other than for sowing” in order to avoid that seeds are sown and used to produce …”

ANNEX XVa ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN WINE-GROWING ZONES S. 960-962

„… to produce the wine in question were harvested. 4. Each of the processes referred to in paragraphs 1 …” „… their profession by natural or legal persons or groups of persons, in particular producers, bottlers …”

Scope of export refunds S. 720-727

„… penalise producers of the said goods for the prices at which they are obliged to procure their supplies as …” „… payments-inkind, to a firm, to an industry, to producers of an agricultural product, to a cooperative or other …” „… association of such producers, or to a marketing board, contingent on export performance; (b) the sale or …”

Loss in consumer confidence S. 155-158

„… shall ensure that, where producers contribute to the expenditure borne by Member States, this does not …” „… result in distortion of competition between producers in different Member States. Recitals: Recitals 21 …”

Additional and supplementary isoglucose quota S. 219-222

„… Regulation (EC) No 318/2006 isoglucose producers were granted an additional quota of 300.000 tonne over 3 …” „… punishing the producers of some isoglucose qualities.3 In the sCMO Regulation, this provision is maintained …”

Introduction to Section IVb S. 376-379

„… of how to better guarantee the income of less competitive producers. As a result, old intervention …” „… sustainable market featuring increasingly competitive EU wine producers and the strengthening of the …”

Scope S. 44-52

„… Regulation is a provision creating an aid scheme for producers who rear silkworms and silkworm eggs (Art. 111 …” „… . In respect of some sectors there are rules for example on producer and/or interbranch organisations …” „… 1782/2003 also to farmers who were, during a specific representative period, producers of, amongst other …”

Safeguard measures S. 712-717

„… third country wine producers13, besides “agencies and laboratories” published in application of Art. 158 …” „… producers as indicated by trends in certain economic factors such as production, capacity utilisation …”

Measures to facilitate the adjustment of supply to market requirements S. 204

„… paragraph 1 of this Article, if a producer exceeds the relevant quota and, with regard to sugar, does not …”

w Complementary national aid S. 324

„… to producers concerning the availability of the scheme; (e) the reporting requirements as regards …”

Implementing rules S. 703

„… between sugar producers in third countries and EU importers are based on long-term supply contracts. Based …”

e Implementing measures S. 307

„… application for regularisation does not neutralise this rule (nor does it allow for a marketing of the produce …”

i Scope S. 379

„… increasingly competitive EU wine producers and the strengthening of the reputation of EU quality wine. 3 For …”

n Implementing measures S. 316

„… would no longer operate – risked leaving non-viable producers stranded. It was widely accepted that vine …”

f Duration S. 309

„… , together with the market mechanisms to be phased out earlier, ensure that producers will have had the time …”

Implementing rules in respect of agreements and concerted practices in the fruit and vegetables and tobacco sectors S. 795

„… for the general rules on producer and interbranch organisations provided for in Art. 1273. Recent acts …”

Distribution to the most deprived persons in the Community S. 98-104

„… programme was exclusively designed to provide surplus stocks of farm produce (“intervention stocks”) to …” „… the market of this product with contracts being concluded between producers and intervention bodies …”

b Marketing of the meat of bovine animals aged 12 months or less S. 430-437

„… common market in wines, including the grapes, musts and wines from which they derive, producer Member …” „… the produce concerned; (b) allow for price fixing, including where prices are set for guidance or …”

General principles S. 614-620

„… Nygård [2002] ECR I-3657; Case C-72/03 Carbonati Apuani [2004] ECR I-8027; Case C-293/02 Jersey Produce …” „… WTO rules, point 149. 20 ECJ C-173/05 Commission v Italy, para. 28; ECJ C-293/02 Jersey Produce …”

Implementing rules S. 203-204

„… (a) and (b) of paragraph 1 of this Article, if a producer exceeds the relevant quota and, with regard …”

Security S. 625-638

„… v Intervention Board for Agricultural Produce (IBAP) [1985] ECR 2889; Case 137/85 Maizena …” „… Interagra SA v Intervention Board for Agricultural Produce [1993] ECR I-5061; Case C-136/93 Transa´frica SA …” „… Ortskrankenkasse Mu¨nchen [1995] ECR I-02079; Case C-263/97 The Queen v Intervention Board for Agricultural Produce …”

m Stricter national rules S. 315-316

„… would no longer operate – risked leaving non-viable producers stranded. It was widely accepted that vine …”

Introduction to Subsection III S. 316-317

„… would no longer operate – risked leaving non-viable producers stranded. It was widely accepted that vine …”

m Eligible measures S. 384-385

„… allocation of EU funds for each producer Member State for the period 2009–2013 corresponding to the …”

Binding effect of agreements and concerted practices on non members in the tobacco sector S. 794-795

„… to the legal basis for the adoption of such rules for the general rules on producer and interbranch …”

Application of Articles 87, 88 and 89 of the Treaty S. 795-796

„… for the general rules on producer and interbranch organisations provided for in Art. 1273. Recent acts …”

ANNEX XII DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK PRODUCTS REFERRED TO IN ARTICLE 114(1) S. 952-953

„… REFERRED TO IN ARTICLE 114(2) I Definitions For the purposes of this Annex: (a) ‘milk’ means the produce of …”

Introduction to Section III S. 104-105

„… the market of this product with contracts being concluded between producers and intervention bodies …”

r Amount of the grubbing-up premium S. 319-320

„… and 0 % in 2011. Article 85s1 Procedure and budget 1. Interested producers shall submit applications …”

s Procedure and budget S. 320-321

„… and 0 % in 2011. Article 85s1 Procedure and budget 1. Interested producers shall submit applications …”

d Designation of responsible national authorities for the wine sector S. 829-830

„… “producers, bottlers and processors, as well as merchants to be determined by the Commission”. The detailed …”

Commentary on Arts 186–188 S. 831-839

„… also for Union produce. Although Regulation (EC) No 1234/ 2007 offers a number of well established …” „… address the resulting problems for producers, processors or consumers. In both cases the measures would …”

Implementing rules S. 411-413

„… sector plays a crucial role in agriculture, as it not only produces honey but also facilitates …”

a National aid for distillation of wine in cases of crisis S. 798-799

„… of crisis 1. From 1 August 2012, Member States may grant national aid to wine producers for the …”

Specific rules S. 675-690

„… producers and consumers, but only between producers or between consumers. In Art. 144(2) sCMO the …” „… objectives set out in Art. 39 and shall exclude any discrimination between producers or consumers within the …”

Certification for hops S. 454-456

„… are used as a marketing tool by European producers of hop and hop products. III. Procedure and future …”

s Existing protected wine names S. 494-496

„… (EC) No 753/2002 stated that each producer Member State should notify to the Commission the list of …”

x Applicability of horizontal rules S. 502-504

„… , quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor; (f) an …”

Introduction to Section Ib S. 500-502

„… ) and the vintage year, allowing wine farmers in the EU to produce and market “varietal wines”4; – the …”

Definitions S. 52-54

„… , during a specific representative period, producers of, amongst other products, ware potatoes (see Art …”

Adoption of standards, implementing rules and derogations S. 525-528

„… . CHAPTER II Producer organisations, interbranch organisations, operator organisations Introduction to …”

Sugar Protocol commitments S. 700-703

„… between sugar producers in third countries and EU importers are based on long-term supply contracts. Based …”

a Special import requirements for wine S. 709-712

„… third country wine producers13, besides “agencies and laboratories” published in application of Art. 158 …”

COUNCIL REGULATION (EC) No 13/2009 of 18 December 2008 amending Regulations (EC) No 1290/2005 on the financing of the common agricultural policy and (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) in order to set up a School Fruit Scheme S. 1023-1026

„… including seasonality, availability of produce or environmental concerns. In this connection, Member States …”

Tobacco Fund S. 406-410

„… modification followed in 200510. As a result, the measures of the Fund aiming to help switch producers to other …”

Calculation of import duties for cereals S. 649-653

„… displaced European-grown cereals in the feeds used by domestic livestock producers. To address the problem …”

Traditional supply need for refining S. 695-700

„… domestic suppliers (French overseas departments and EU sugar beet producers), then from ACP suppliers under …”

Financial provisions S. 844-858

„… fluctuations on the market and guaranteeing a certain price for his produce, and, on the other hand, continuity …”

doi.org/10.5771/9783845266466

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Series: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Volume 82 2011

Results in this title

Leading Products or Producers Dependence S. 321

„… 321 4. Leading Products or Producers Dependence This dependence situation is, indeed, a refusal to …” „… supply case, where dependence is upon leading or top products or producers. In particular, it refers to …” „… If such a dependence upon leading products or producers exists, then, a retailer may claim to be …”

Joint Dominance and Oligopolies S. 127-133

„… dominant position in the market for dried spices and herbs due to its overall financial power as producer …” „… investigated the cement prices demanded by Romanian producers from 2000-2004 because of the producers …” „… constant over the whole period analysed.490Although the cement producers argued that the anticipated price …”

Dependence upon a Certain Undertaking S. 314-319

„… steel producer, to be dominant as the sole producer of iron bars that were in demand by the only buyer …” „… producers with the capacity of producing similar or better products. Thus, Cost’s potential competitors have …” „… the quantity ordered and purchased. The demand was also justified in order to provide the producer …”

Product Line-induced Dependence S. 320-321

„… Products or Producers Dependence This dependence situation is, indeed, a refusal to supply case, where …” „… dependence is upon leading or top products or producers. In particular, it refers to the branded goods or …” „… leading products or producers exists, then, a retailer may claim to be supplied by every single one of the …”

Selling below Costs S. 252-257

„… , the largest national tobacco producer, had abused its dominant position in the Romanian tobacco market …” „… included in the acquisition price contributions to advertising costs as a general rebate that producers …” „… mutually approved» by producers. Thus, the rebate did not cover a whole range of products and it was …”

Business or Demand-induced Dependence S. 321-322

„… 321 4. Leading Products or Producers Dependence This dependence situation is, indeed, a refusal to …” „… supply case, where dependence is upon leading or top products or producers. In particular, it refers to …” „… If such a dependence upon leading products or producers exists, then, a retailer may claim to be …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… is endorsed in the Guidance Paper, or consumer and/or producer welfare.204 Other 199 Ibid 197, paras …” „… amount he/she actually is required to pay», whilst producer welfare is the «difference between what …” „… producers are willing and able to supply a product for and the price they actually receive». Consumer …”

The Assessment of Market Dominance S. 112-127

„… covered entirely by domestic producers of normal parquet flooring and a member of the same group that is …” „… the largest domestic producer of normal parquet and it enjoyed this position for a period of one year …” „… , due to high transportation costs, other domestic producers cannot easily enter the market, whilst the …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… to produce maximum competition intensity because, within this structure, the pressure to innovate and …” „… producers rather than to improve one’s own performance in the service of consumer interests.175 This concept …” „… to the conflicting interests between consumer and producer welfare that arise under such a system …”

The Relevant Markets S. 104-112

„… Romanian Beer Producers v Interbrew Romania, 8 August 2006, para 7. 107 between producers and importers of …” „… car tyres.370 Thus, the CC’s analysis did not disclose the market share of Michelin as a producer with …” „… producers are dominant in the market for motor vehicle servicing, as only certain manufacturers are …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… harmful conduct relative to its effects on producers’, customers’, competitors’ or consumers’ welfare. The …” „… is endorsed in the Guidance Paper, or consumer and/or producer welfare.204 Other 199 Ibid 197, paras …” „… amount he/she actually is required to pay», whilst producer welfare is the «difference between what …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… attempted to preserve its monopoly position as a producer of innovative medicines, even after the expiry of …” „… that must be met by anyone in the industry, and examined the situation in which a producer participated …” „… steel producer, to be dominant as the sole producer of iron bars that were in demand by the only buyer …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… benefit of addressing the disproportion between a producer or supplier’s strong market power882 and that …” „… between producer and consumer welfare as societal welfare, since not all cases may be balanced in favour …” „… only necessary in markets characterised by the existence of many small or medium-sized producers or …”

Export Sales below Cost and Dumping Pricing S. 268-270

„… in Romania, Nörr Stiefenhofer Lutz. 270 by the exporting producers in the country/countries concerned …” „… exporting at prices below production costs where it found that the three cement producers were not dominant …”

Refusal to Supply S. 300-302

„… conditions with the potential of eliminating them. A producer of hard drawn steel wire and nails refused to …” „… termination of supply, the ECJ ruled that the dominant producer had abused its dominant position, as its …”

Exclusionary Abuses S. 133-142

„… technical development. This happens as it is addressed to both intermediary producers as well as end-users …” „… GhermProducers, 8 …” „… GhermProducers, 8 …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… term customers’ refers to producers or to IBM’s less powerful competitors. Article 102 (b) refers to …” „… the welfare of consumer,1209 and not of intermediaries such as users, customers or producers. This …”

Predatory Pricing S. 245-252

„… , decision no. 198, Association of the Independent Romanian Beer Producers, August 8, 2006, para 3. 979 Ibid …” „… of the Independent Romanian Beer Producers, 8 August 2006, para 6. 990 CC, decision no. 105, Condem …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… would follow the exclusionary focus, and not any possible exploitation of rival producers («growth of …” „… producers or customers’ rebates (not final consumers’), see Faella, The Antitrust Assessment of Loyalty …”

Scarcity Dependence S. 319-320

„… , contractual leasing dealers were not dependent on producers of heavy goods vehicles as long as the leasing …”

Discounts and Rebates S. 270-279

„… 270 by the exporting producers in the country/countries concerned; that the Union industry has …” „… production costs where it found that the three cement producers were not dominant, as each of them held …”

The Abuse of Economic Dependence S. 145-146

„… treatment applied to Section 20(2) against producers of certain kinds of goods or commercial services …”

Discrimination as a Structural Abuse S. 143-145

„… unjustified differential treatment applied to Section 20(2) against producers of certain kinds of goods or …”

Titelei/Inhaltsverzeichnis S. 2-10

„… Dependence 3193. Product Line-induced Dependence 3204. Leading Products or Producers Dependence 3215 …”

The Dominant Position and the Concept of Abuse S. 82-104

„… 82 includes situations that in both the EU and the Romanian competition law produce an enforcement …” „… prevention-abuse, and to broad unfair commercial practices that ensure producer, supplier or customers’ protection …” „… aggressive, harmful conduct is relevant because it directly harms customers, producers or competitors. The …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… defines it as all the users of a product, including intermediate producers, distributors and final …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… particular conduct might produce market-distorting effects. By pointing to not only the nature and form of …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… n 50, 420-1. 82 includes situations that in both the EU and the Romanian competition law produce an …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… . Because of the existence of a relatively low concentration level of producers, Section 20(4) aimed to …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… , its understanding of consumer is consistent with total welfare, including that of producers.868 …”

Contractual v Technological Tying S. 290-294

„… » for «rival» producers of MPs were sufficient to apply Article 102 (b). Therefore, it is essential that …”

Establishing Market Dominance S. 74-79

„… Romanian Beer Producers v Interbrew Romania, 8 August 2006 para 8; CC, decision no. 237, Astral Telecom …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… particular conduct might produce market-distorting effects. By pointing to not only the nature and form of …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… , sale or purchase prices. Novartis allegedly attempted to preserve its monopoly position as a producer …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… under consumer contracts. The distinction is based on the relationship between producers and …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… . 554/2004, OJ I-1154/2004. 223 Article 46 RCL have the legal character of administrative acts that produce …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… as indicating that it is the claimant’s burden to prove that the conduct produces anti-competitive …”

Overview of Major Policy Objectives S. 27-46

„… the object of secondary legislation and generally deceive customers or producers by a nondisclosure of …”

doi.org/10.5771/9783845230306

Tasso Alexandre Richetti Pires Cipriano - Waste prevention through product ecodesign regulation in Brazilian and EU environmental law

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Tasso Alexandre Richetti Pires Cipriano

Waste prevention through product ecodesign regulation in Brazilian and EU environmental law

Series: Umweltrechtliche Studien - Studies on Environmental Law

Volume 54 2023

Results in this title

Chapter 4 – Indirect product design regulation: extended producer responsibility S. 117-177

„… with other stakeholders.Who is the producer?In EPR, the term ‘producer’ is basically defined in …” „… producersSection I of Part E of the Annex520(Article 8(2))The costs of awareness raising measures (Article 10 of …” „… Indirect product design regulation: extended producer responsibilityExtended producer …”

LIST OF REFERENCES S. 293-316

„… R. W., “Should Extended Producer Responsibility Programs Use Eco-Fee-Included Pricing?”, Canadian …” „… Tax Journal 58 (2010), 927-950.CCahill, Rachel; Grimes, Sue M.; Wilson, David C., “Extended producer …” „… producer responsibility in the EU: a visible march of folly”, JIE 10 (2006), 5-7.Coase, Ronald Harry, “The …”

CONCLUSION (THESES) S. 285-292

„… impacts of products in general, one enabling the imposition of duties on producers and its suppliers of …” „… duties imposed on both producers and consumers with regard to their decisions as to whether, what, how …” „… much and how to produce and consume. Decisions made by producers about the design of the products they …”

Titelei/Inhaltsverzeichnis S. 1-26

„… ecodesignD. 99SummaryE. 114Indirect product design regulation: extended producer responsibilityChapter 4 –117 …” „… What does EPR stand for?C. 124Extended producer responsibilityI. 124Extended producer responsibilityII …” „… . 129Who is the producer?1. 130Producer, product or shared responsibility?2. 136Extended producer …”

Chapter 3 – Integrated waste management as the protagonist of integrated environmental law S. 71-116

„… , ‘“(waste) holder” means the waste producer or the natural or legal person who is in possession of the waste …” „… the decomposition of, or any sort of human action involving, waste materials can produce, and …” „… imposed on both waste producers and managers vis-à-vis the overall environmental duties imposed on waste …”

Chapter 2 – Theoretical reconstruction: sustainable development and its legal implementation S. 44-70

„… are the only creatures on this planet to produce exosomatic organs by which to produce exosomatic …” „… generation which produces it, we may rest assured that it will receive much more official attention than its …” „… economic freedom to decide whether, what, how much and how to produce and consume. Finally, a …”

Chapter 1 – The traditional economic-legal approach to the environmental and waste problems S. 27-43

„… as to what, how and to whom to produce – in short the best utilisation of scarce resources – must be …” „… goods – that is, those goods having utility – is manifested.23 Since no one can produce everything one …” „… service by municipal authorities in lieu of the economic agents – producers and consumers – generating …”

Chapter 5 – Selected examples of direct ecodesign regulation in product-oriented environmental law S. 178-284

„… encourage, inter alia, the development, production and marketing of products and components of products …” „… and thus freedom of movement within the EU market. Because standards are voluntary, producers that do …” „… , inspections and producer responsibility systems. The study also identified best practices for the …”

doi.org/10.5771/9783748922476

Axel Schaffer - Socio-Economic Impacts of Gender- and Generation-Specific Production and Consumption Patterns

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Axel Schaffer

Socio-Economic Impacts of Gender- and Generation-Specific Production and Consumption Patterns

Series: Karlsruher Beiträge zur wirtschaftspolitischen Forschung - Karlsruhe Papers in Economic Policy Research

Volume 26 2008

Results in this title

Producers of Paid and Unpaid Work S. 13-21

„… personal activities almost equals their share of the population. 2.2 Producers of Paid and Unpaid Work …” „… index p indicates that the groups’ roles as producers of work are considered. Time Accounts 15 …” „… . Thus, labour hours abroad are necessary to directly or indirectly produce the products which are …”

Producers of GDP and Household Production S. 27-31

„… misunderstandings caused by the high uncertainty of the supposed monetary values. 3.2 Producers of GDP and Household …” „… index p indicates that the groups’ role as producers of work is taken into account. Using equations (10 …”

Beneficiaries of Paid and Unpaid Work S. 21-24

„… . Thus, labour hours abroad are necessary to directly or indirectly produce the products which are …” „… Production and Consumption Patterns and indirectly necessary to produce imported products abroad can be …” „… ) of labour hours directly and indirectly necessary to produce imported products. In equation (7), the …”

Gender and Generational Dependencies S. 24-27

„… indicates that the demographic groups’ roles as producers and beneficiaries of work are considered at the …” „… and rely particularly on the type of household. Personal activities remain unconsidered, as “producers …” „… the high uncertainty of the supposed monetary values. 3.2 Producers of GDP and Household Production …”

Titelei/Inhaltsverzeichnis S. 2-8

„… ……………………………………………….... 11 2.2 Producers of Paid and Unpaid Work ………………………..…….. 13 2.2.1 Volume of Work …” „… ………………………………………………………. 27 3.1 Personal Activities ……………………………...……...………….. 27 3.2 Producers of GDP and Household …”

CO<sub>2</sub> Emissions Related to Personal Activities S. 37-38

„… calculate the CO2 emissions associated with the population groups as producers, the calculation follows the …” „… satisfy k categories of final demand. The index p indicates that the groups’ roles as producers of …”

Conclusions S. 73-74

„… men’s, minors’, adults’ (younger than 65 years) and seniors’ roles as producers and consumers of market …” „… role of men as producers of market goods. This is particularly true with regard to the production of …”

Gender and Generational Dependencies S. 43-46

„… Production and Consumption Patterns The index pb indicates that the demographic groups’ roles as producers …” „… order to satisfy the demand for educational and health services, for example, women produce monetary …”

CO<sub>2</sub> Emissions Related to Household Production and the Production of GDP S. 38-41

„… calculate the CO2 emissions associated with the population groups as producers, the calculation follows the …” „… satisfy k categories of final demand. The index p indicates that the groups’ roles as producers of …”

Impacts on Life Satisfaction S. 67-73

„… men’s, minors’, adults’ (younger than 65 years) and seniors’ roles as producers and consumers of market …” „… role of men as producers of market goods. This is particularly true with regard to the production of …”

Personal Activities S. 27

„… misunderstandings caused by the high uncertainty of the supposed monetary values. 3.2 Producers of GDP and Household …”

Introduction S. 9-10

„… terms, so that the demographic groups’ personal activities and their roles as producers and …”

Gender and Generational Dependencies S. 34-37

„… the demographic groups’ roles as producers and beneficiaries of work are considered at the same time …”

Personal Activities S. 11-13

„… in personal activities almost equals their share of the population. 2.2 Producers of Paid and Unpaid …”

Beneficiaries of GDP and Household Production S. 31-34

„… producers and beneficiaries of work are considered at the same time. Using equation (15), gender and …”

doi.org/10.5771/9783845209159

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