HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 346/12
EN
Official Journal of the European Union
20.12.2013
COUNCIL REGULATION (EU) No 1370/2013
of 16 December 2013
determining measures on fixing certain aids and refunds related to the common organisation of the
markets in agricultural products
THE COUNCIL OF THE EUROPEAN UNION,
intervention as well as other forms of intervention that
do not use ex ante established price indications.
Having regard to the Treaty on the Functioning of the European
(3) The
level
of
the
public
intervention
price
at
which
Union, and in particular Article 43(3) thereof,
buying-in is carried out at a fixed price or under a
tendering procedure should be provided for, including
the cases for which an adjustment of the public inter
vention prices may be necessary. Equally, measures on
Having regard to the proposal from the European Commission,
quantitative limitations for carrying out the buying-in at
a fixed price need to be taken. In both cases, the prices
and quantitative limitation should reflect the practice and
experience acquired under previous common market
organisations.
Whereas:
(4)
Regulation (EU) No 1308/2013 provides for the granting
of aid for private storage as a market intervention
(1) The
Communication
from
the
Commission
to
the
European Parliament, the Council, the European
measure. Measures on the fixing of the aid amounts
Economic and Social Committee and the Committee of
need to be provided for. In view of the practice and
the Regions entitled ‘The CAP towards 2020: Meeting the
experience acquired under previous common market
food, natural resources and territorial challenges of the
organisations, it is appropriate to provide for the fixing
future’ sets out potential challenges, objectives and orien
of the aid amounts both in advance and by a tendering
tations for the Common Agricultural Policy (‘the CAP’)
procedure, and for certain elements to be taken into
after 2013. In the light of the debate on that Communi
account when the aid is fixed in advance.
cation, the CAP should be reformed with effect from
1 January 2014. That reform should cover all the main
instruments of the CAP, including Council Regulation
(5) In
order
to
ensure
a
sound
budgetary
management
of
the
(EC) No 1234/2007 ( 1 ). In the context of the reformed
school fruit and vegetables scheme, a fixed ceiling of
regulatory framework, measures on fixing prices, levies,
Union aid and maximum co-financing rates should be
aid and quantitative limitations should be taken.
provided for. In order to allow all Member States to
implement a cost-effective school fruit and vegetables
scheme, a specified minimum amount of Union aid
should be set.
(2) For
the
sake
of
clarity
and
transparency,
the
provisions
on public intervention should be made subject to a
common structure, whilst maintaining the policy
pursued in each sector. For that purpose, it is appropriate
(6)
To ensure the proper functioning of the aid for the
to distinguish between reference thresholds laid down in
supply of milk and milk products to children in
Regulation (EU) No 1308/2013 of the European
educational establishments and to ensure flexibility in
Parliament and of the Council (
the administration of such a scheme, a maximum

2 ) on the one hand and
intervention prices on the other hand, and to define the
quantity of milk eligible for aid, as well as the amount
latter. Only intervention prices for public intervention
of Union aid, should be fixed.
correspond to the applied administered prices referred
to in the first sentence of paragraph 8 of Annex 3 to
the WTO Agreement on Agriculture (i.e. market price
(7) Pursuant
to
Regulation
(EU)
No
1308/2013,
several
support). In this context, it should be understood that
measures in the sugar sector will expire at the end of
market intervention can take the form of public
the 2016/2017 marketing year for sugar when the
system of quotas is abolished.
( 1 ) Council Regulation (EC) No 1234/2007 of 22 October 2007 estab
lishing a common organisation of agricultural markets and on
specific provisions for certain agricultural products (Single CMO
Regulation) (OJ L 299, 16.11.2007, p. 1).
(8) Measures
on
the
fixing
of
the
production
charge
to
be
( 2 ) Regulation (EU) No 1308/2013 of the European Parliament and of
levied on the sugar quota, isoglucose quota and inulin
the Council of 17 December 2013 establishing a common organi
syrup quota provided for in the sugar sector should be
sation of the markets in agricultural products and repealing Council
Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/01
provided for in this Regulation in line with the prolon
and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
gation of the quota system until 30 September 2017.

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20.12.2013 Official
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(9) To
ensure
an
efficient
production
refund
system
for
ensure a swift response to fast changing market situ
certain products of the sugar sector, appropriate
ations, the Commission should be empowered to fix
conditions should be laid down to fix the amount of
new refund levels and, in the cereals and rice sectors,
the production refund.
to adapt the corrective amount without applying Regu
lation (EU) No 182/2011,
(10) A minimum price should be fixed for quota beet
corresponding to a standard quality which should be
HAS ADOPTED THIS REGULATION:
defined, in order to ensure a fair standard of living for
the Union growers of sugar beet and sugar cane.
Article 1
(11) To
avoid
a
threat
to
the
sugar
market
situation
due
to
Scope
the accumulation of quantities of sugar, isoglucose and
This Regulation provides for measures on fixing prices, levies,
inulin syrup for which the applicable conditions are not
aid and quantitative limitations related to the single common
met, provision should be made for a surplus levy.
organisation of agricultural markets established by Regulation
(EU) No 1308/2013.
(12) A
mechanism
to
ensure
a
sufficient
and
balanced
supply
of sugar to the Union markets has been set up in Regu
Article 2
lation (EU) No 1308/2013, allowing the Commission to
take the appropriate measures to achieve this. As the
Public intervention prices
market management instruments putting this
mechanism into practice are the temporary adjustments
1. The
level
of
the
public
intervention
price:
of the import duty payable on imported raw sugar as
well as the temporary application of a levy on out of
quota production released onto the internal market for
the purposes of adjusting supply to demand, a specific
(a) for common wheat, durum wheat, barley, maize, paddy rice
provision enabling the Commission to apply such a levy
and skimmed milk powder shall be equal to the respective
and to fix its amount should be included in this Regu
reference threshold set out in Article 7 of Regulation (EU)
lation.
No 1308/2013 in the case of buying-in at a fixed price and
shall not exceed the respective reference threshold in the
case of buying-in by tendering;
(13) To ensure the proper functioning of the export refund
system, appropriate measures should be provided for to
fix the amount of the refunds. In addition, in the cereals
(b) for butter shall be equal to 90 % of the reference threshold
and rice sectors, appropriate measures should be set to
set out in Article 7 of Regulation (EU) No 1308/2013 in
fix the corrective amounts and to provide for the
the case of buying-in at a fixed price and shall not exceed
adjustment of the refund amount in line with any
90 % of that reference threshold in the case of buying-in by
changes in the level of the intervention price.
tendering;
(14) To
ensure
an
efficient
day-to-day
management
of
the
(c) for beef and veal shall not exceed the level referred to in
CAP, the measures on fixing aid, refunds and prices set
point (c) of Article 13(1) of Regulation (EU) No 1308/2013.
out in this Regulation should be limited to the broad
conditions allowing concrete amounts to be laid down
in the specific circumstances of each case. In order to
ensure uniform conditions for the implementation of this
2. The
public
intervention
prices
for
common
wheat,
durum
Regulation, implementing powers should be conferred on
wheat, barley, maize and paddy rice referred to in paragraph 1
the Commission to lay down those amounts. Those
shall be adjusted by price increases or reductions to those prices
implementing powers should be exercised with the
based on the main quality criteria for the products.
assistance of the Committee for the Common Organi
sation of the Agricultural Markets and in accordance
with Regulation (EU) No 182/2011 of the European
Parliament and of the Council ( 1 ). Furthermore, to
3. The
Commission
shall
adopt
implementing
acts
deter
mining the increases or reductions to the public intervention
( 1 ) Regulation (EU) No 182/2011 of the European Parliament and of
prices of the products referred to in paragraph 2 of this Article
the Council of 16 February 2011 laying down the rules and general
under the conditions laid down therein. Those implementing
principles concerning mechanisms for control by the Member States
of the Commission's exercise of implementing powers (OJ L 55,
acts shall be adopted in accordance with the examination
28.2.2011, p. 13).
procedure referred to in Article 15(2).

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L 346/14
EN
Official Journal of the European Union
20.12.2013
Article 3
4. The buying-in prices referred to in paragraphs 2 and 3 for
common wheat, durum wheat, barley, maize and paddy rice
Buying-in prices and applicable quantitative limitations
shall be adjusted by increases or reductions to those prices
1.
Where public intervention is open pursuant to point (a) of
based on the main quality criteria for those products.
Article 13(1) of Regulation (EU) No 1308/2013, buying-in shall
be carried out at the fixed price referred to in Article 2 of this
Regulation and shall not exceed the following quantitative limi
tations for each period referred to in Article 12 of Regulation
The Commission shall adopt implementing acts determining
(EU) No 1308/2013 respectively:
such increases or reductions.
(a) for common wheat, 3 million tonnes;
5. The
implementing
acts
referred
to
in
paragraphs
2,
3
and
4 of this Article shall be adopted in accordance with the exam
ination procedure referred to in Article 15(2).
(b) for butter, 50 000 tonnes;
6. The
Commission
shall
adopt,
without
applying
the
procedure referred to in Article 15(2), the implementing acts
(c) for skimmed milk powder, 109 000 tonnes.
necessary in order to:
2. Where public intervention is open pursuant to
(a) respect the intervention limitations set out in paragraph 1
Article 13(1) of Regulation (EU) No 1308/2013:
of this Article; and
(a) for common wheat, butter and skimmed milk powder
(b) apply the tendering procedure referred to in paragraph 2 of
beyond the quantitative limitations referred to in
this Article for common wheat, butter and skimmed milk
paragraph 1 of this Article; and
powder beyond the quantitative limitations set out in
paragraph 1 of this Article.
(b) for durum wheat, barley, maize, paddy rice and beef and
veal,
Article 4
Aid for private storage
1. To establish the amount of aid for private storage for the
buying-in shall be carried out by way of a tendering procedure
products listed in Article 17 of Regulation (EU) No 1308/2013,
to determine the maximum buying-in price.
where aid is granted in accordance with Article 18(2) of that
Regulation, either a tendering procedure shall be opened for a
limited period or the aid shall be fixed in advance. The aid may
be fixed per Member State or per region of a Member State.
The maximum buying-in price shall not exceed the relevant
level referred to in Article 2(1) of this Regulation and shall be
fixed by means of implementing acts.
2. The
Commission
shall
adopt
implementing
acts:
3. In special and duly justified circumstances, the
Commission may adopt implementing acts:
(a) where a tendering procedure applies, establishing the
maximum amount of aid for private storage;
(a) restricting tendering procedures to a Member State or to a
region of a Member State, or
(b) where the aid is fixed in advance, fixing the amount of aid
based on the storage costs and/or other relevant market
elements.
(b) subject to Article 2(1), determining the buying-in prices for
public intervention, per Member State or per region of a
Member State on the basis of recorded average market
Those implementing acts shall be adopted in accordance with
prices.
the examination procedure referred to in Article 15(2).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
346/15
Article 5
Following the requests of the Member States in accordance with
the second subparagraph of Article 23(5) of Regulation (EU) No
Aid for the supply of fruit and vegetables to children
1308/2013, the Commission shall each year adopt imple
1. The
Union
aid
for
the
supply
of
fruit
and
vegetables, menting acts fixing the definitive allocation of the aid referred
processed fruit and vegetables and banana products to
to in paragraph 1 of this Article between participating Member
children referred to in Article 23 of Regulation (EU)
States in accordance with the conditions laid down in that
No 1308/2013 shall neither:
paragraph.
(a) exceed any of the following limits:
The implementing acts referred to in this paragraph shall be
adopted in accordance with the examination procedure referred
to in Article 15(2) of this Regulation.
(i) EUR 150 million per school year;
Article 6
(ii) 75 % of the costs of supply and related costs referred to
Aid for the supply of milk and milk products to children
in Article 23(1) of Regulation (EU) No 1308/2013, or
1. The Union aid for the supply of milk and milk products
90 % of such costs in less developed regions and in the
to children provided for in Article 26 of Regulation (EU)
outermost regions referred to in Article 349 of the
No 1308/2013 shall be granted for a maximum quantity of
Treaty; nor
0,25 litre of milk equivalent per child and per school day.
(b) cover costs other than the costs of supply and related costs
2. The Union aid shall be EUR 18,15/100 kg for all milk.
referred to in Article 23(1) of Regulation (EU) No
1308/2013.
3. The
Commission
shall
adopt
implementing
acts
fixing
the
For the purposes of point (a)(ii) of the first subparagraph, ‘less
aid amounts for eligible milk products other than milk, based,
developed regions’ means those regions defined as such in point
in particular, on the milk components of the product
(a) of the first subparagraph of Article 90(2) of Regulation (EU)
concerned. Those implementing acts shall be adopted in
No 1303/2013 of the European Parliament and of the Coun
accordance with the examination procedure referred to in
cil (
Article 15(2).

1 ).
2. Member
States
participating
in
the
school
fruit
and
Article 7
vegetables scheme shall each receive at least EUR 290 000 of
Sugar sector production charge
Union aid.
1. The
production
charge
on
sugar
quota,
isoglucose
quota
and inulin syrup quotas provided for in Article 128 of Regu
lation (EU) No 1308/2013 shall be set at EUR 12,00 per tonne
The Commission shall adopt implementing acts fixing the
for the quota sugar and quota inulin syrup. For isoglucose, the
indicative allocation of the aid referred to in paragraph 1 of
production charge shall be set at 50 % of the charge applicable
this Article to each Member State on the basis of the criteria
to sugar.
referred to in Article 23(5) of Regulation (EU) No 1308/2013.
2. The
totality
of
the
production
charge
paid
in
accordance
The Commission shall assess at least every three years whether
with paragraph 1 shall be charged by the Member State to
the indicative allocation remains consistent with criteria referred
undertakings on its territory on the basis of the quota held
to in Article 23(5) of Regulation (EU) No 1308/2013. Where
during the marketing year concerned.
necessary, the Commission shall adopt implementing acts fixing
a new indicative allocation.
( 1 ) Regulation (EU) No 1303/2013 of the European Parliament and of
Payments shall be made by those undertakings by the end of
the Council of 17 December 2013 laying down common provisions
February of the relevant marketing year at the latest.
on the European Regional Development Fund, the European Social
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund and
laying down general provisions on the European Regional Devel
3. Union
sugar
and
inulin
syrup
undertakings
may
require
opment Fund, the European Social Fund, the Cohesion Fund and
the European Maritime and Fisheries Fund and repealing Council
sugar beet or sugar cane growers or chicory suppliers to bear up
Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
to 50 % of the production charge concerned.

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L 346/16
EN
Official Journal of the European Union
20.12.2013
Article 8
Article 10
Sugar sector production refund
Adjustment of the national sugar quotas
The production refund for the products of the sugar sector
The Council may, in accordance with Article 43(3) of the
provided for in Article 129 of Regulation (EU) No
Treaty, on a proposal by the Commission, adjust the quotas
1308/2013 shall be fixed by the Commission by means of
set out in Annex XII to Regulation (EU) No 1308/2013 as a
implementing acts based on:
result of any decisions by Member States taken in accordance
with Article 138 of that Regulation.
(a) the costs arising from the use of imported sugar that the
Article 11
industry would have to bear in the event of supply from the
world market; and
Surplus levy in the sugar sector
1. A
surplus
levy,
including
as
provided
for
in
Article
142
of
Regulation (EU) No 1308/2013, shall be fixed at a level which
is sufficiently high so as to avoid the accumulation of quantities
(b) the price of surplus sugar available on the Union market or,
referred to in that Article. That levy shall be fixed by the
if there is no surplus sugar on that market, the reference
Commission by means of implementing acts. Those imple
threshold for sugar fixed in point (c) of Article 7(1) of
menting acts shall be adopted in accordance with the exam
Regulation (EU) No 1308/2013.
ination procedure referred to in Article 15(2) of this Regulation.
2. The
surplus
levy
referred
to
in
paragraph
1
shall
be
Those implementing acts shall be adopted in accordance with
charged by the Member State to the undertakings on its
the examination procedure referred to in Article 15(2) of this
territory on the basis of the quantities of production referred
Regulation.
to in that paragraph that have been established for those under
takings for the marketing year concerned.
Article 9
Article 12
Minimum beet price
Temporary market management mechanism in the sugar
1. The minimum price for quota beet provided for in
sector
Article 135 of Regulation (EU) No 1308/2013 shall be EUR
26,29 per tonne until the end of the 2016/2017 marketing year
With a view to ensuring a sufficient and balanced supply of
for sugar on 30 September 2017.
sugar to the Union market, until the end of the 2016/2017
marketing year for sugar on 30 September 2017, notwith
standing Article 142 of Regulation (EU) No 1308/2013, the
Commission may, for the quantity and time necessary, apply
temporarily by means of implementing acts a surplus levy on
2. The
minimum
price
referred
to
in
paragraph
1
shall
apply out-of-quota production referred to in point (e) of Article 139(1)
to sugar beet of the standard quality defined in Part B of Annex
of that Regulation.
III to Regulation (EU) No 1308/2013.
The Commission shall fix the amount of such levy by means of
implementing acts.
3. Sugar
undertakings
buying
quota
beet
suitable
for
processing into sugar and intended for processing into quota
sugar shall be required to pay at least the minimum price,
adjusted by price increases or reductions to allow for deviations
The implementing acts referred to in this Article shall be
from the standard quality. Such increases or reductions shall be
adopted in accordance with the examination procedure
determined by the Commission by means of implementing acts.
referred to in Article 15(2) of this Regulation.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 15(2).
Article 13
Fixing of export refunds
4. For
the
quantities
of
sugar
beet
corresponding
to
the
quantities of industrial sugar or surplus sugar that are subject
1. Under
the
conditions
laid
down
in
Article
196
of
Regu
to the surplus levy provided for in Article 11, the sugar under
lation (EU) No 1308/2013 and as provided for in Article 198
taking concerned shall adjust the purchase price so that it is at
of that Regulation, the Commission may adopt implementing
least equal to the minimum price for quota beet.
acts fixing export refunds:

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Union L
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(a) at regular intervals, for products from the list in
(h) demand on the Union market;
Article 196(1) of Regulation (EU) No 1308/2013;
(i) in respect of the pigmeat, eggs and poultrymeat sectors, the
(b) by tendering procedures for cereals, rice, sugar and milk and
difference between prices within the Union and prices on
milk products.
the world market for the quantity of feed grain input
required for the production in the Union of products of
those sectors.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 15(2) of this
Regulation.
3. The
amount
of
the
refund
may,
where
necessary
to
ensure
a swift response to fast changing market situations, be adjusted
by the Commission, by means of implementing acts, either at
the request of a Member State or on its own initiative. Those
2. One
or
more
of
the
following
shall
be
taken
into
account implementing acts shall be adopted without applying the
when export refunds for a product are being fixed:
procedure referred to in Article 15(2).
(a) the existing situation and future trends with regard to:
Article 14
Specific measures on export refunds for cereals and rice
(i) prices and availabilities of that product on the Union
1. The
Commission
may
adopt
implementing
acts
fixing
market,
corrective amounts applicable to the export refunds fixed in
respect of the cereals and rice sectors. Those implementing
acts shall be adopted in accordance with the examination
procedure referred to in Article 15(2).
(ii) prices of that product on the world market;
Where necessary to ensure a swift response to fast changing
(b) the aims of the common market organisation, which are to
market situations, the Commission may adopt implementing
ensure equilibrium and the natural development of prices
acts, without applying the procedure referred to in Article 15(2),
and trade on that market;
amending such corrective amounts.
(c) the need to avoid disturbances likely to cause a prolonged
The Commission may apply this paragraph to products of the
imbalance between supply and demand on the Union
cereals and rice sectors that are exported in the form of
market;
processed goods in accordance with Council Regulation (EC)
No 1216/2009 ( 1 ).
(d) the economic aspect of the proposed exports;
2. For the first three months of the marketing year, the
refund applicable to exports of malt, either in storage at the
end of the previous marketing year or made from barley in
(e) the limits resulting from international agreements concluded
stock at that time, shall be that which would have applied in
in accordance with the Treaty;
respect of the export licence in question to exports made during
the last month of the preceding marketing year.
(f) the need to establish a balance between the use of Union
basic products in the manufacture of processed goods for
3. The
refund
on
products
listed
in
points
(a)
and
(b)
of
Part
export to third countries and the use of third country
I of Annex I to Regulation (EU) No 1308/2013, established in
products brought in under processing arrangements;
accordance with Article 199(2) of that Regulation, may be
adjusted by the Commission, by means of implementing acts,
in line with any changes in the level of the intervention price.
(g) the most favourable marketing costs and transport costs
from Union markets to Union ports or other places of
( 1 ) Council Regulation (EC) No 1216/2009 of 30 November 2009
laying down the trade arrangements applicable to certain goods
export together with forwarding costs to the countries of
resulting from the processing of agricultural products (OJ L 328,
destination;
15.12.2009, p. 10).

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L 346/18
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Official Journal of the European Union
20.12.2013
The first subparagraph may be applied, in whole or in part, to
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
products listed in points (c) and (d) of Part I of Annex I to
Regulation (EU) No 182/2011 shall apply.
Regulation (EU) No 1308/2013 as well as to products listed in
Part I of that Annex and exported in the form of processed
goods in accordance with Regulation (EC) No 1216/2009. In
Article 16
that case, the Commission shall, by means of implementing
Correlation table
acts, correct the adjustment referred to in the first subparagraph
of this paragraph by applying a coefficient expressing the ratio
References to the relevant provisions of Regulation (EC)
between the quantity of basic product and the quantity thereof
No 1234/2007 following its repeal by Regulation (EU)
contained in the processed product exported or used in the
No 1308/2013 shall be construed as references to this Regu
goods exported.
lation and be read in accordance with the correlation table set
out in the Annex to this Regulation.
The implementing acts referred to in this paragraph shall be
adopted in accordance with the examination procedure referred
Article 17
to in Article 15(2) of this Regulation.
Entry into force and application
Article 15
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Union.
Committee procedure
1. The
Commission
shall
be
assisted
by
the
Committee
for It shall apply from 1 January 2014.
the Common Organisation of the Agricultural Markets, estab
lished by Article 299 of Regulation (EU) No 1308/2013. That
Committee shall be a committee within the meaning of Regu
Articles 7 to 12 shall apply until the end of the 2016/17
lation (EU) No 182/2011.
marketing year for sugar on 30 September 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 December 2013.
For the Council
The President
V. JUKNA

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Union L
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ANNEX
CORRELATION TABLE
referred to in Article 16
Regulation (EC) No 1234/2007 This
Regulation
Article 18(1) and (3) Article
2
Article 18(2)(a) Article
3(1)(a)
Article 13(1)(c) Article
3(1)(b)
Article 13(1)(d) Article
3(1)(c)
Article 18(2), first subparagraph Article
3(2)
Article 18(2), second subparagraph Article
3(3)
Article 18(4) Article
3(4)
Article 43(aa) Article
3(5)
Article 31(2) Article
4
Article 103ga(4) Article
5(1)
Article 103ga(5) Article
5(2)
Article 102(4) Article
6(1)
Article 102(3) Article
6(2)
and
(3)
Article 51(2) Article
7(1)
Article 51(3) Article
7(2)
Article 51(4) Article
7(3)
Article 97 Article
8
Article 49 Article
9
Article 64(2) Article
11(1)
Article 64(3) Article
11(2)
Article 164(2) Article
13(1)
and
(3)
Article 164(3) Article
13(2)
Article 164(4) Article
14(1)
Article 165 Article
14(2)
Article 166 Article
14(3)

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