21.5.2008 EN Official Journal of the European Union L 131/7 COUNCIL DECISION of 14 May 2008 establishing a European Migration Network (2008/381/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 66 thereof, Having regard to the proposal from the Commission, Having regard to the Opinion of the European Parliament (1), Whereas: (1) In 2003 the Commission set up a three-year preparatory action for the establishment of a European Migration Network (‘EMN’), with a view to providing the Community and its Member States with objective, reliable and up-to-date migration data. (2) The European Council, at its meeting in Thessaloniki in June 2003, taking into account the importance of monitoring and analysing the multidimensional migration phenomenon, welcomed in its Conclusions the establishment of the EMN and stated that it would examine the possibility of setting up a permanent structure in the future. (3) On 4 November 2004, the European Council endorsed a multiannual programme for strengthening the area of freedom, security and justice, known as the Hague Programme, which calls for the development of the second phase of a common policy in the field of asylum, migration, visas and borders, starting on 1 May 2004, based, inter alia, on closer practical cooperation between Member States and an improved exchange of information. The Hague Programme recognises that ‘The ongoing development of European asylum and migration policy should be based on a common analysis of migratory phenomena in all their aspects. Reinforcing the collection, provision, exchange and efficient use of up-to-date information and data on all relevant migratory developments is of key importance.’ (4) In order to consult relevant stakeholders about the future of the EMN, the Commission adopted on 28 November 2005 a ‘Green Paper on the future of the European Migration Network’ which, in addition to an assessment of the functioning of the EMN during the first years of the preparatory period, also dealt with issues such as the mandate and future structure of the EMN. (5) The public consultation demonstrated that most stakeholders are in favour of continuing and strengthening the activities of the EMN and maintaining the initial objective of the EMN, that is, to provide up-to-date, objective, reliable and comparable information on migration and asylum issues. It also appeared that most stakeholders wished to maintain the EMN attached to the Commission. (6) The EMN should avoid duplicating the work of existing Community instruments or structures whose purpose is to collect and exchange information in the areas of migration and asylum and should provide an added value in comparison with them, in particular through the broad scope of its tasks, a strong focus on analysis, links with the academic community and the public availability of its outputs. (7) Among other existing instruments and structures, Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection (2) constitutes an important reference framework for the functioning of the European Migration Network. Attention should also be paid to the valuable work carried out by the Centre for Information, Discussion and Exchange on the Crossing of Frontiers and Immigration (Cirefi) and to the provisions of Council Decision 2005/267/EC of 16 March 2005 establishing a secure web-based Information and Coordination Network for Member States’ Migration Management Services (3). (8) To achieve its objectives, the EMN should be supported by a ‘National Contact Point’ in each Member State. The activities of the National Contact Points should be coordinated at Community level by the Commission, assisted by a service provider with sufficient expertise to organise the routine work of the EMN, including its information exchange system. (9) To ensure that the National Contact Points have the necessary expertise to deal with the multifaceted aspects of migration and asylum issues, they should be composed of at least three experts who, individually or jointly, have competences in policymaking, law, research and statistics. These experts could come from the Member States’ administrations or from any other organisation. Each National Contact Point should also collectively have adequate expertise in information technology, in setting up collaboration schemes and networking with other national organisations and entities, and in collaborating in a multilingual environment at European level. (10) Each National Contact Point should establish a national migration network, composed of organisations and individuals active in the area of migration and asylum, and including, for example, universities, research organisations and researchers, governmental and non-governmental organisations and international organisations, in order to enable all relevant stakeholders to be heard. (11) A ‘Steering Board’ should provide political guidance to the EMN, including contributing to the preparation of and approving the EMN's annual programme of activities. (12) In order to ensure the widest possible dissemination of the information produced by the EMN in the form of studies and reports, such information should be available through the most advanced technological means, including a dedicated website. (13) When necessary for the achievement of its objectives, the EMN should be able to establish cooperative relationships with other entities active in the area of migration and asylum. When establishing such relationships, particular attention should be paid to ensuring a good degree of cooperation with entities in Denmark, Iceland, Norway, Switzerland, in the countries candidates for accession, in the countries covered by the European Neighbourhood Policy and in Russia. (14) The EMN should be co-financed through grants from the Commission, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002; the Financial Regulation applicable to the general budget of the European Communities (4). (15) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (5) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (6) should be taken into account in the context of the information exchange system of the EMN. (16) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom has notified its wish to take part in the adoption and application of this Decision. (17) In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, and without prejudice to Article 4 of the said Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application. (18) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application, HAS ADOPTED THIS DECISION: Article 1 Subject matter and scope 1. A European Migration Network (‘EMN’) is hereby established. 2. The objective of the EMN shall be to meet the information needs of Community institutions and of Member States’ authorities and institutions on migration and asylum, by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. 3. The EMN shall also serve to provide the general public with information on these subjects. Article 2 Tasks 1. To achieve the objective referred to in Article 1, the EMN shall: (a) collect and exchange up-to-date and reliable data and information from a wide range of sources; (b) undertake analysis of the data and information referred to in point (a) and provide it in a readily accessible format; (c) in collaboration with other relevant EU bodies, contribute to the development of indicators and criteria that will improve the consistency of information and help in the development of Community activities related to migratory statistics; (d) produce and publish periodic reports on the migration and asylum situation in the Community and the Member States; (e) create and maintain an Internet-based information exchange system which provides access to relevant documents and publications in the area of migration and asylum; (f) raise awareness of the EMN, by providing access to the information it gathers and disseminating the output of the EMN, unless this information is of a confidential nature; (g) coordinate information and cooperate with other relevant European and international bodies. 2. The EMN shall ensure that its activities are consistent and coordinated with the relevant Community instruments and structures in the area of migration and asylum. Article 3 Composition The EMN shall be composed of: — National Contact Points designated by the Member States, — the Commission. Article 4 Steering Board 1. The EMN shall be guided by a Steering Board composed of one representative from each Member State and one representative of the Commission, assisted by two scientific experts. 2. The representative of the Commission shall act as Chair of the Steering Board. 3. Each member of the Steering Board shall have one vote, including the Chair. Decisions shall be taken by a two-thirds majority of the votes cast. 4. A representative of the European Parliament may participate as an observer at the meetings of the Steering Board. 5. The Steering Board shall in particular: (a) contribute to the preparation of and approve the EMN's annual programme of activities, including an indicative amount of the minimum and maximum budget for each National Contact Point, which ensures that the basic costs arising from the proper functioning of the Network, in accordance with Article 5, are covered, on the basis of a draft from the Chair; (b) review progress made by the EMN, making recommendations for necessary actions when required; (c) provide a succinct status report to the European Parliament, the Council, the Commission, the Economic and Social Committee and the Committee of the Regions concerning the ongoing activities of the EMN and the key findings of its studies, at least once a year; (d) identify the most appropriate strategic cooperative relationships with other entities competent in the area of migration and asylum and approve, when necessary, the administrative arrangements for such cooperation, as referred to in Article 10; (e) advise the National Contact Points on how to improve their operations, and help them to take the necessary actions, when identified persistent shortcomings in the work of a National Contact Point may have negative consequences on the work of the EMN. 6. The Steering Board shall adopt its own rules of procedure and it shall meet, as convened by its Chair, at least twice a year. Article 5 National Contact Points 1. Each Member State shall designate one entity which shall act as its National Contact Point. In order to facilitate the work of the EMN and to ensure the achievement of its objectives, Member States shall take into account, when necessary, the need for a coordination between their representative in the Steering Board and their National Contact Point. 2. The National Contact Point shall be composed of at least three experts. One of these experts, who shall act as the national coordinator, shall be an official or employee of the entity so designated. The remaining experts may come from either the same entity, or from other national and international public or private organisations based in the Member State. 3. The experts of each National Contact Point shall collectively have expertise in the area of asylum and migration, covering aspects of policymaking, law, research and statistics. 4. Member States shall inform the Commission, no later than three months after the entry into force of this Decision, which experts comprise their National Contact Point, specifying how the latter respond to the requirements set out in paragraph 3. 5. The National Contact Points shall carry out the tasks of the EMN at national level and in particular: (a) provide national reports, including the reports referred to in Article 9; (b) contribute with national information to the information exchange system referred to in Article 8; (c) develop a capacity to issue ad-hoc requests and to respond quickly to such requests from other National Contact Points; (d) establish a national migration network, composed of a wide-range of organisations and individuals active in the area of migration and asylum and representing relevant stakeholders. Members of the national migration network may be requested to contribute to the activities of the EMN, in particular with regard to Articles 8 and 9. 6. The experts of each National Contact Point shall meet regularly to discuss its work, including, as appropriate, with members of the respective national migration networks referred to in paragraph 5(d), and to exchange information about ongoing and future activities. Article 6 Coordination 1. The Commission shall coordinate the work of the EMN, also in accordance with Article 2(2), and shall ensure that it appropriately reflects the political priorities of the Community in the area of migration and asylum. 2. For the organisation of the work of the EMN, the Commission shall be assisted by a service provider selected on the basis of a procurement procedure. This service provider shall fulfil the requirements established in Article 5(3), and any other relevant requirements defined by the Commission. 3. Under the supervision of the Commission the service provider shall, inter alia: (a) organise the day-to-day operation of the EMN; (b) establish and manage the information exchange system referred to in Article 8; (c) coordinate the input from the National Contact Points; (d) prepare the meetings referred to in Article 7; (e) prepare the compilations and syntheses of the reports and studies referred to in Article 9. 4. After consultation of the National Contact Points and approval by the Steering Board, the Commission shall, within the limits of the general objective and tasks defined in Articles 1 and 2, adopt the EMN's annual programme of activities. The programme shall specify the objectives and thematic priorities. The Commission shall monitor the execution of the annual programme of activities and regularly report on its execution and the development of the EMN to the Steering Board. 5. Following the advice provided by the Steering Board referred to in Article 4(5)(e), the Commission shall take the necessary actions on the basis of the grant agreements referred to in paragraph 6 of this Article. 6. The Commission shall, on the basis of the EMN's annual programme of activities, determine the indicative amounts available for grants and contracts in the framework of a financing decision pursuant to Article 75 of Regulation (EC, Euratom) No 1605/2002. 7. The Commission shall award operating grants to the National Contact Points which fulfil the requirements laid down in Article 5(2) and (3) on the basis of the individual grant applications submitted by the National Contact Points. The maximum Community co-financing is set at 80 % of the total eligible cost. 8. The grants shall, in accordance with Article 113(2) of Regulation (EC, Euratom) No 1605/2002, not be subject on renewal to the principle of gradual decrease. Article 7 Meetings 1. The EMN shall normally meet at least five times a year. 2. Each National Contact Point shall be represented at meetings of the EMN by at least one of its experts. No more than three experts from each National Contact Point shall attend the meetings. 3. The meetings of the EMN shall be convened and chaired by a representative of the Commission. 4. The purpose of the periodic meetings of the EMN shall be to: (a) enable the National Contact Points to exchange knowledge and experience, in particular as regards the operation of the EMN; (b) review progress in the work of the EMN, and in particular on the preparation of the reports and studies referred to in Article 9; (c) exchange information and views, in particular on the structure, organisation, content of and access to the available information mentioned in Article 8; (d) provide a platform for discussion of practical and legal problems encountered by the Member States in the area of migration and asylum, in particular discussion of the ad-hoc requests referred to in Article 5(5)(c); (e) consult with the National Contact Points in the development of the EMN's annual programme of activities referred to in Article 6(4). 5. Experts and entities which are not members of the EMN may be invited to its meetings if their presence is considered desirable. Joint meetings with other networks or organisations may also be organised. 6. The activities referred to in paragraph 5, if not planned in the EMN's annual programme of activities, shall be communicated in due time to the National Contact Points. Article 8 Information exchange system 1. An Internet-based information exchange system, accessible through a dedicated website, shall be established in accordance with this Article. 2. The content of the information exchange system shall normally be public. Without prejudice to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (7), access to confidential information shall be restricted to EMN members only. 3. The information exchange system shall comprise at least the following elements: (a) access to Community and national legislation, case law and policy developments in the areas of migration and asylum; (b) a functionality for ad-hoc requests, as referred to in Article 5(5)(c); (c) a migration and asylum glossary and thesaurus; (d) direct access to all EMN's publications, including the reports and studies mentioned in Article 9, as well as a regular newsletter; (e) a directory of researchers and research institutions in the area of migration and asylum. 4. For the purposes of access to the information mentioned in paragraph 3, the EMN may, when necessary, add links to other sites where the original information is to be found. 5. The dedicated website shall facilitate access to comparable public information initiatives in related matters and to sites containing information relating to the migration and asylum situation of the Member States and of third countries. Article 9 Reports and studies 1. Each National Contact Point shall provide every year a report describing the migration and asylum situation in the Member State, which shall include policy developments and statistical data. 2. The annual programme of activities shall include the preparation by each National Contact Point of other studies, following common specifications, covering specific migration and asylum-related issues necessary for the support of policymaking. Article 10 Cooperation with other entities 1. The EMN shall cooperate with entities in the Member States or in third countries, including EU agencies and international organisations, competent in the field of migration and asylum. 2. The administrative arrangements for the cooperation referred to in paragraph 1, which may include when necessary the conclusion by the Commission of agreements on behalf of the Community, shall be subject to the approval of the Steering Board. Article 11 Budgetary resources The budgetary resources allocated to the actions provided for in this Decision shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. Article 12 Implementation of the budget The Commission shall implement the Community financial support in accordance with Regulation (EC, Euratom) No 1605/2002. Article 13 Review No later than three years after the entry into force of this Decision, and every three years thereafter, the Commission shall present to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions, a report, based on an external and independent evaluation, on the development of the EMN. The report shall be accompanied, if necessary, by proposals for amendments. Article 14 Publication and date of application This Decision shall apply from the date of its publication in the Official Journal of the European Union. Article 15 Addressees This Decision is addressed to the Member States in accordance with the Treaty establishing the European Community. Done at Brussels, 14 May 2008. For the Council The President A. BAJUK (1) Opinion of 10 April 2008, not yet published in the Official Journal. (2) OJ L 199, 31.7.2007, p. 23. (3) OJ L 83, 1.4.2005, p. 48. (4) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9). (5) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1). (6) OJ L 8, 12.1.2001, p. 1. (7) OJ L 145, 31.5.2001, p. 43.

Summary: The European Migration Network The European Migration Network SUMMARY OF: European Migration Network — Council Decision 2008/381/EC SUMMARY WHAT DOES THIS DECISION DO? It establishes the European Migration Network (EMN), which aims to give up-to-date, objective, reliable and comparable information on migration and asylum to the EU institutions, EU countries, and the general public. KEY POINTS To achieve its objective, the EMN, in collaboration with other relevant EU bodies, collects and analyses data from a wide range of sources. It then produces reports and studies on the migration and asylum situation in the EU and its countries, which are shared on its information exchange system. The European Commission coordinates EMN work in cooperation with national contact points (EMN NCPs), which are appointed in each EU country and are responsible for developing a national network. Each EMN NCP is comprised of at least three asylum and migration experts covering the disciplines of policy-making, law, research and statistics. Other EMN NCP responsibilities include: attending EMN meetings in order to exchange data and views and provide input for the development of a work programme; preparing national reports and providing information via the information exchange system; helping to develop the EMN glossary and thesaurus; and developing capacity to respond to ad hoc queries. The EMN Steering Board (chaired by the Commission, and comprised of representatives from each EU country and an observer from the European Parliament) ensures that the EMN’s work is aligned with EU political priorities. The EMN is funded by the European Commission. Specifically, the Asylum, Migration and Integration Fund provides the financial resources for the activities and future development of the EMN. BACKGROUND The preparatory stage of the EMN started in 2003 in order to address the need to exchange information on all aspects of migration and to contribute to a common asylum and immigration policy. The Hague programme further reinforced the need for a common analysis of migration, which built momentum for the European Commission proposal for this Council decision formally establishing the EMN. European Migration Network. ACT Council Decision 2008/381/EC of 14 May 2008 establishing a European Migration Network REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2008/381/EC 21.5.2008 – OJ L 131, 21.5.2008, pp. 7-12 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Regulation (EU) No 516/2014 1.1.2014 – OJ L 150, 20.5.2014, pp. 168-194 last update 22.10.2015


6.3.2008 EN Official Journal of the European Union L 62/23 COUNCIL DECISION of 28 January 2008 concerning the conclusion of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (2008/202/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof, Having regard to the proposal from the Commission, Whereas: (1) On 5 April 1993 the Council authorised the Commission to start negotiating on behalf of the European Community customs cooperation agreements with some of the Community’s main trading partners. (2) The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters should be approved, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters is hereby approved on behalf of the European Community. The text of the Agreement is attached to this Decision. Article 2 The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Customs Cooperation Committee set up under Article 21 of the Agreement. Article 3 The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement on behalf of the Community. Article 4 The President of the Council shall effect the notification provided for in Article 22 of the Agreement on behalf of the Community (1). Article 5 This Decision shall be published in the Official Journal of the European Union. Done at Brussels, 28 January 2008. For the Council The President D. RUPEL (1) The date of the entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council. 6.3.2008 EN Official Journal of the European Union L 62/24 AGREEMENT between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters THE EUROPEAN COMMUNITY and THE GOVERNMENT OF JAPAN (hereinafter referred to as the Contracting Parties), CONSIDERING the importance of the commercial links between Japan and the European Community (hereinafter referred to as the Community), and desirous of contributing, to the benefit of both Contracting Parties, to the harmonious development of those links; BELIEVING that, in order to attain this objective, there should be an undertaking to develop customs cooperation; TAKING into account the development of customs cooperation between the Contracting Parties, concerning customs procedures; CONSIDERING that operations in breach of customs legislation are prejudicial to the economic, fiscal and commercial interests of both Contracting Parties, and recognising the importance of ensuring the accurate assessment of customs duties and other taxes; CONVINCED that action against such operations can be made more effective by cooperation between customs authorities; RECOGNISING the significant role of customs authorities and the importance of customs procedures in promoting trade facilitation; HAVING regard to the high level of commitment of both Contracting Parties to customs actions and cooperation in the fight against infringements of intellectual property rights; HAVING regard to obligations imposed under international conventions already accepted by, or applied to the Contracting Parties, as well as customs related activities undertaken by the World Trade Organisation (hereinafter referred to as the WTO); HAVING regard to the Recommendation of the Customs Cooperation Council (hereinafter referred to as the CCC) on Mutual Administrative Assistance of December 5, 1953; and WHEREAS in 1991 the Joint Declaration on Relations between The European Community and its Member States and Japan provided general guidelines for the relationship and set procedural objectives to further develop relations; HAVE AGREED AS FOLLOWS: TITLE I GENERAL PROVISIONS Article 1 Definitions For the purpose of this Agreement: (a) ‘customs legislation’ shall mean any laws and regulations of Japan or the Community, governing the import, export and transit of goods and placing of goods under any other customs procedures, including measures of prohibitions, restrictions and controls falling under the competence of the customs authorities; (b) ‘laws and regulations of the Contracting Party’ and ‘laws and regulations of each Contracting Party’ shall mean the laws and regulations of Japan or the laws and regulations of the Community, as the context requires; (c) ‘customs authority’ shall mean, in Japan, the Ministry of Finance and, in the Community, the competent services of the Commission of the European Communities responsible for customs matters and the customs authorities of the Member States of the Community; (d) ‘applicant authority’ shall mean a customs authority of a Contracting Party which makes a request for assistance, on the basis of this Agreement; (e) ‘requested authority’ shall mean a customs authority of a Contracting Party which receives a request for assistance, on the basis of this Agreement; (f) ‘personal data’ shall mean all information relating to an identified or identifiable individual; (g) ‘operation in breach of customs legislation’ shall mean any violation or attempted violation of the customs legislation; (h) ‘person’ shall mean any natural person, any legal person, or any other entity without legal personality constituted or organised under the laws and regulations of each Contracting Party, carrying on importation, exportation, or transit of goods; and (i) ‘information’ shall mean data, documents, reports, and other communications in any format, including electronic copies thereof. Article 2 Territorial application This Agreement shall apply, on the one hand, to the territory of Japan in which its customs legislation is in force and, on the other hand, to the territories where the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty. Article 3 Implementation This Agreement shall be implemented by the Contracting Parties in accordance with the laws and regulations of each Contracting Party, and within the available resources of their respective customs authorities. Article 4 Scope of the cooperation 1. Under this Agreement, customs cooperation shall cover all matters relating to the application of customs legislation. 2. The Contracting Parties through their customs authorities undertake to develop customs cooperation. In particular, the Contracting Parties shall cooperate in: (a) establishing and maintaining channels of communications between their customs authorities to facilitate the secure and rapid exchange of information; (b) facilitating effective coordination between their customs authorities; and (c) any other administrative matters related to this Agreement that may from time to time require their joint action. 3. The Contracting Parties also undertake to make cooperative efforts through their customs authorities in order to develop trade facilitation actions in the field of customs in accordance with international standards. Article 5 Scope of assistance 1. The Contracting Parties through their customs authorities shall assist each other, in the areas within their competence and within the limits of available resources, and in the manner and under the conditions laid down in this Agreement, to ensure the correct application of customs legislation, in particular by preventing, investigating and combating operations in breach of that legislation. 2. Assistance in customs matters under this Agreement shall be provided between the customs authorities of the Contracting Parties, which are competent for the application of this Agreement. It shall not prejudice the rights and obligations of either Contracting Party on mutual assistance in criminal matters under international agreements or the laws and regulations of each Contracting Party. Nor shall it cover information obtained under powers exercised at the request of a judicial authority. 3. Assistance to recover duties, taxes or fines is not covered by this Agreement. Article 6 Relation to other international agreements 1. The provisions of this Agreement shall not affect the rights and obligations of either Contracting Party under any other international agreements. 2. Notwithstanding the provisions of paragraph 1, the provisions of this Agreement shall take precedence over the provisions of any bilateral agreement on customs cooperation and mutual administrative assistance which has been or may be concluded between individual Member States of the Community and Japan, insofar as the provisions of the latter are incompatible with those of this Agreement. 3. The provisions of this Agreement shall not affect the Community provisions governing the communication between the competent services of the Commission and the customs authorities of the Member States of the Community of any information obtained under this Agreement which could be of interest to the Community. TITLE II CUSTOMS COOPERATION Article 7 Cooperation in customs procedures For the purpose of facilitating the legitimate movement of goods, the customs authorities shall exchange information and expertise on measures to improve customs techniques and procedures and on computerised systems in accordance with the provisions of this Agreement. Article 8 Technical cooperation The customs authorities may provide technical cooperation to each other and exchange personnel and expertise on measures to improve customs techniques and procedures and on computerised systems with a view towards achieving these objectives in accordance with the provisions of this Agreement. Article 9 Discussions in international organisations The customs authorities shall seek to develop and strengthen their cooperation on topics of common interest with a view to facilitating discussions on customs matters in the framework of relevant international organisations such as the CCC and the WTO. TITLE III MUTUAL ADMINISTRATIVE ASSISTANCE Article 10 Assistance on request 1. At the request of the applicant authority, the requested authority shall provide it with all relevant information which may enable it to ensure that customs legislation of the Contracting Party of the applicant authority is correctly applied, including information regarding activities detected or planned which are or could be operations in breach of such customs legislation. In particular, upon request, the requested authority shall furnish the applicant authority with information regarding activities that may result in operations in breach of customs legislation of the Contracting Party of the applicant authority, for example, incorrect customs declarations and certificates of origin, invoices, or other documents known to be, or suspected of being, incorrect or falsified. 2. At the request of the applicant authority, the requested authority shall inform it: (a) whether goods exported from the territory of one of the Contracting Parties have been properly imported into the other, specifying where appropriate, the customs procedure applied to the goods; and (b) whether goods imported into the territory of one of the Contracting Parties have been properly exported from the other, specifying where appropriate, the customs procedure applied to the goods. 3. At the request of the applicant authority, the requested authority shall, within the framework of the laws and regulations of the Contracting Party of the requested authority, provide information on and exercise special surveillance of: (a) persons in respect of whom there are reasonable grounds for believing that they are or have been involved in operations in breach of customs legislation of the Contracting Party of the applicant authority; (b) places where stocks of goods have been or may be stored or assembled in such a way that there are reasonable grounds for believing that these goods are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority; (c) goods that are or may be transported in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority; and (d) means of transport that are or may be used in such a way that there are reasonable grounds for believing that they are intended to be used in operations in breach of customs legislation of the Contracting Party of the applicant authority. Article 11 Spontaneous assistance The Contracting Parties shall assist each other, at their own initiative and in accordance with the laws and regulations of each Contracting Party, if they consider that to be necessary for the correct application of customs legislation, in particular, in situations that could involve substantial damage to the economy, public health, public security, or similar vital interest of the other Contracting Party, particularly by providing information obtained pertaining to: (a) activities which are or appear to be operations in breach of customs legislation and which may be of interest to the other Contracting Party; (b) new means or methods employed in carrying out operations in breach of customs legislation; (c) goods known to be subject to operations in breach of customs legislation; (d) persons in respect of whom there are reasonable grounds for believing they are or have been involved in operations in breach of customs legislation; and (e) means of transport in respect of which there are reasonable grounds for believing that they have been, are, or may be used in operations in breach of customs legislation. Article 12 Form and substance of requests for assistance 1. Requests pursuant to this Agreement shall be made in writing. They shall be accompanied by the documents necessary to enable compliance with the request. When required because of the urgency of the situation, an oral request may be accepted, but must be confirmed immediately in writing. 2. Requests pursuant to paragraph 1 shall include the following information: (a) the applicant authority; (b) the action requested; (c) the object of and the reason for the request; (d) indications as exact and comprehensive as possible on the persons who are the target of the investigations; (e) a summary of the relevant facts and of the enquiries already carried out; and (f) legal elements involved. 3. Requests shall be submitted in a language acceptable to both requested and applicant authorities. This requirement may also apply, to the extent necessary, to any documents that accompany the request under paragraph 1. 4. If a request does not meet the formal requirement set out above, its correction or completion may be requested; precautionary measures may be taken by the requested authority in the meantime. Article 13 Execution of requests 1. In order to comply with a request for assistance, the requested authority shall, within the limits of its competence and available resources, take all reasonable measures by supplying information already possessed, by carrying out appropriate enquiries or by arranging for them to be carried out. 2. Requests for assistance shall be executed in accordance with the laws and regulations of the Contracting Party of the requested authority. 3. Duly authorised officials from the applicant authority, may, with the agreement of the requested authority and subject to the conditions laid down by the latter, be present to obtain in the offices of the requested authority, information related to activities that are or may be operations in breach of customs legislation which the applicant authority needs for the purpose of this Agreement. 4. Duly authorised officials from the applicant authority may, with the agreement of the requested authority and subject to the conditions laid down by the latter, be present at enquiries carried out in the latter’s jurisdiction into specific cases. 5. In the event that the request cannot be complied with, the applicant authority shall be notified promptly of that fact with a statement of the reasons. The statement may be accompanied by the relevant information that the requested authority considers may be of assistance to the applicant authority. 6. The requested authority shall, upon request by the applicant authority and when it deems appropriate, advise the applicant authority of the time and place of the action it will take in response to the request for assistance so that such action may be coordinated. Article 14 Form in which information is to be communicated 1. The requested authority shall communicate results of enquiries to the applicant authority in writing together with relevant documents or other items. 2. This information may be in computerised form. Article 15 Exceptions to the obligation to provide assistance 1. Assistance may be refused or withheld, or may be made subject to the satisfaction of certain conditions or requirements, in cases where the Contracting Party of the requested authority is of the opinion that assistance under this Agreement would infringe upon the sovereignty of a Member State of the Community or of Japan, or upon its security, public policy, or other essential interest such as that referred to in paragraph 2 of Article 16. In particular, each Contracting Party may limit the information it communicates to the other Contracting Party when the latter Contracting Party is unable to give the assurance requested by the former Contracting Party with respect to confidentiality or with respect to the limitations of purposes for which the information will be used. 2. Assistance may be withheld by the requested authority on the ground that it will interfere with an ongoing investigation, including investigation by the relevant law enforcement agencies, prosecution or judicial and administrative proceedings. In such a case, the requested authority shall consult with the applicant authority to determine if assistance can be given subject to such terms or conditions as the requested authority may require. 3. Where the applicant authority seeks assistance which it would itself be unable to provide if so requested, it shall draw attention to that fact in its request. It shall then be for the requested authority to decide how to respond to such a request. 4. For the cases referred to in paragraphs 1 and 2, the decision of the requested authority and the reasons thereof must be communicated to the applicant authority without undue delay. Article 16 Information exchange and confidentiality 1. Any information communicated in whatsoever form pursuant to this Agreement shall be treated as of a confidential nature, depending on the laws and regulations of each Contracting Party and shall enjoy the protection extended to similar information under the relevant laws and regulations of the Contracting Party of the customs authority that received it and the corresponding provisions applying to the Community authorities, unless the Contracting Party which provided the information gives a prior consent to the disclosure of such information. 2. Personal data may be exchanged only where the Contracting Party which may receive it undertakes to protect such data in at least an equivalent way to the one applicable to that particular case in the Contracting Party that may supply it. The Contracting Party that may supply the information shall not stipulate any requirements that are more onerous than those applicable to it in its own jurisdiction. The Contracting Parties shall communicate to each other information on the laws and regulations of each Contracting Party, including where appropriate, those in the Member States of the Community. 3. Information obtained shall be used solely for the purposes of this Agreement. Where one of the Contracting Parties wishes to use such information for other purposes, it shall obtain the prior written consent of the customs authority which provided the information. Such use shall then be subject to any restrictions laid down by that authority. 4. Paragraph 3 shall not impede the use of information obtained in accordance with this Agreement as evidence in administrative proceedings subsequently instituted in respect of operations in breach of customs legislation. Therefore, the Contracting Parties may in their records of evidence, reports and testimonies and in administrative proceedings use as evidence information obtained in accordance with the provisions of this Agreement. The customs authority which supplied that information shall be notified of such use. 5. Notwithstanding paragraph 3 of this Article, unless otherwise notified by the customs authority providing the information, the customs authority receiving the information may provide the information received pursuant to this Agreement to the relevant law enforcement agencies of its Contracting Party. These agencies may only use this information for the correct application of customs legislation and shall be subject to the conditions set out in Articles 16 and 17 of this Agreement. 6. This Article shall not preclude the use or disclosure of information to the extent that there is an obligation to do so under the laws and regulations of the Contracting Party of the customs authority that received it. Such customs authority shall, wherever possible, give advance notice of any such disclosure to the customs authority which provided the information. The receiving Contracting Party shall, unless otherwise agreed by the Contracting Party which provided the information, wherever appropriate, use all available measures under the applicable laws and regulations of the former Contracting Party to maintain the confidentiality of information and to protect personal data as regards applications by a third party or other authorities for disclosure of the information concerned. Article 17 Criminal proceedings Information provided from the customs authority of a Contracting Party to the customs authority of the other Contracting Party pursuant to this Agreement shall not be used by the latter Contracting Party in criminal proceedings carried out by a court or a judge. Article 18 Assistance expenses 1. Expenses incurred in the implementation of this Agreement shall be borne by the respective Contracting Parties. 2. If during the execution of a request it becomes apparent that completion of the execution of the request will entail expenses of an extraordinary nature, the customs authorities shall consult to determine the terms and conditions under which the execution may continue. TITLE IV FINAL PROVISIONS Article 19 Headings The headings of the Titles and the Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of this Agreement. Article 20 Consultation All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by mutual consultation between the Contracting Parties. Article 21 Joint Customs Cooperation Committee 1. A Joint Customs Cooperation Committee is hereby established, consisting of officials from the Ministry of Finance and the Ministry of Foreign Affairs of Japan and of officials of the European Community responsible for customs matters. Other officials of both Contracting Parties with the necessary expertise relevant to the issues to be discussed may be included on an ad hoc basis. It shall meet at a place, on a date and with an agenda, fixed by mutual consent. 2. The Joint Customs Cooperation Committee shall, inter alia: (a) see to the proper functioning of this Agreement; (b) take measures necessary for customs cooperation in accordance with the objectives of this Agreement; (c) exchange views on any points of common interest regarding customs cooperation, including future measures and the resources for them; (d) recommend solutions aimed at attaining the objectives of this Agreement; and (e) adopt its internal rules of procedure. Article 22 Entry into force and duration 1. This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose through diplomatic notes exchanged between them. 2. This Agreement may be amended by mutual consent of the Contracting Parties through diplomatic notes exchanged between them. Amendments shall enter into force within the same conditions as mentioned in paragraph 1, except as otherwise agreed by the Contracting Parties. 3. Each Contracting Party may terminate this Agreement by giving notice to the other in writing. The termination shall take effect three months from the date of notification to the other Contracting Party. Requests for assistance which have been received prior to the termination of the Agreement shall be completed in accordance with the provisions of this Agreement. Article 23 Authentic texts This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Japanese languages, each text being equally authentic. In case of divergence of interpretation, the English and Japanese texts shall prevail over the other language texts. In witness whereof, the undersigned, being duly authorised to do so, have signed this Agreement. Done at Brussels, this thirtieth day of January, 2008. For the European Community For the Government of Japan

Summary: Customs Agreement with Japan Customs Agreement with Japan SUMMARY OF: Decision 2008/202/EC — conclusion of the EU-Japan agreement on cooperation and mutual administrative assistance in customs matters EU-Japan agreement on cooperation and mutual administrative assistance in customs matters WHAT IS THE AIM OF THE DECISION AND OF THE AGREEMENT? Due to their extensive trade relations, this cooperation agreement between EU and Japanese customs authorities* is essential to facilitate trade between the parties. It also seeks to safeguard the security of the supply chain and the effectiveness of the fight against fraud, including cooperation on the protection of intellectual property rights. The decision concludes the agreement on behalf of the EU. KEY POINTS Customs cooperation The agreement introduces cooperation encompassing all fields of customs legislation. This cooperation is achieved by establishing channels of communication and by introducing coordination between customs authorities. The parties undertake to facilitate commercial transactions while increasing their level of security. The agreement aims in particular at improving customs techniques and procedures. The objective is to strengthen cooperation at bilateral level and within international organisations. Mutual administrative assistance There are 2 types of assistance between authorities in the event of customs operations that are in breach of legislation: assistance on request, concerning the lawfulness of and customs procedure for imports and exports of goods, suspects, places of storage and the transport of goods; spontaneous assistance, concerning in particular the potential risks to the economy, public safety and public health. In the interests of the other party, the requested authority* provides all information relating to activities, resources and methods, goods, persons and means of transport. Formal aspects and exceptions to assistance Requests must be made in writing in a language understood by both authorities. In urgent cases, an oral request may precede the written request. To facilitate the processing of the request, the applicant authority* must provide sufficient information on the measure requested, the object of and the reason for the request. It also provides information on the suspects, the legislation involved, the relevant facts and investigations carried out. To comply with a request for assistance, the requested authority communicates all information already available to it or undertakes any necessary investigation. The measures taken must be coordinated with the applicant authority. If it is not possible to comply with a request, a reasoned communication is sent to the applicant authority without delay. A request may be refused or postponed. It may also be made subject to conditions in the event of prejudice to the sovereignty, security, public policy or interests of a country, especially where the protection of the information transmitted cannot be guaranteed. The data transmitted is confidential; it is protected under the laws and regulations applicable in the country of the applicant authority. However, this information may be used as evidence in the context of a preparatory inquiry. A Joint Customs Cooperation Committee is responsible for the proper functioning of this agreement. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 February 2008. BACKGROUND For more information, see: Taxation and Customs Union — Japan (European Commission). KEY TERMS Customs authority: in Japan, the Ministry of Finance, and, in the EU, the competent services of the European Commission and the customs authorities of the EU countries. Requested authority: a customs authority of a contracting party which receives a request for assistance on the basis of this agreement. Applicant authority: a customs authority of a contracting party which makes a request for assistance on the basis of this agreement. MAIN DOCUMENTS Council Decision 2008/202/EC of 28 January 2008 concerning the conclusion of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (OJ L 62, 6.3.2008, p. 23) Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters (OJ L 62, 6.3.2008, pp. 24-29) RELATED DOCUMENTS Commission Decision 2011/197/EU of 29 March 2011 pursuant to Regulation (EC) No 45/2001 of the European Parliament and of the Council on the adequate level of protection provided by Japan for personal data transferred from the European Union in the specific cases of transfer by the European Commission to Japanese customs authorities under Decision No 1/2010 of the Joint Customs Cooperation Committee pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on cooperation and mutual administrative assistance in customs matters regarding mutual recognition of authorised economic operator programmes in the European Union and in Japan and for the exclusive and specific purposes of Decision No 1/2010 of the Joint Customs Cooperation Committee (OJ L 85, 31.3.2011, pp. 8-9) 2010/637/EU: Decision No 1/2010 of the Joint Customs Cooperation Committee of 24 June 2010 pursuant to Article 21 of the Agreement between the European Community and the Government of Japan on Cooperation and Mutual Administrative Assistance in Customs Matters regarding mutual recognition of Authorised Economic Operators programmes in the European Union and in Japan (OJ L 279, 23.10.2010, pp. 71-73) last update 08.01.2019


4.8.2006 EN Official Journal of the European Union L 214/7 COUNCIL REGULATION (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of, and trade in, agricultural products (Codified version) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 36 and 37 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Parliament (1). Whereas: (1) The content of Council Regulation No 26 of 4 April 1962 applying certain rules of competition to production of and trade in agricultural products (2) has been amended (3). In the interests of clarity and rationality the said Regulation should be codified. (2) By virtue of Article 36 of the Treaty one of the matters to be decided under the common agricultural policy is whether the rules on competition laid down in the Treaty are to apply to the production of, and trade in, agricultural products. Accordingly, the provisions of this Regulation should be supplemented in the light of developments in that policy. (3) The rules on competition relating to the agreements, decisions and practices referred to in Article 81 of the Treaty and to the abuse of dominant positions are to be applied to the production of, and trade in, agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise attainment of the objectives of the common agricultural policy. (4) Special attention is warranted in the case of farmers' organisations the particular objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises attainment of the objectives of Article 33 of the Treaty. (5) In order both to avoid compromising the development of a common agricultural policy and to ensure certainty in the law and non-discriminatory treatment of the undertakings concerned, the Commission should have sole power, subject to review by the Court of Justice, to determine whether the conditions provided for in the two preceding recitals are fulfilled as regards the agreements, decisions and practices referred to in Article 81 of the Treaty. (6) In order to implement, as part of the development of the common agricultural policy, the rules on aid for production of, or trade in, agricultural products, the Commission should be in a position to draw up a list of existing, new or proposed types of aid, to make appropriate observations to the Member States and to propose suitable measures to them, HAS ADOPTED THIS REGULATION: Article 1 Articles 81 to 86 of the Treaty and provisions made for their implementation shall, subject to Article 2 of this Regulation, apply to all agreements, decisions and practices referred to in Articles 81(1) and 82 of the Treaty which relate to production of, or trade in, the products listed in Annex I to the Treaty. Article 2 1. Article 81(1) of the Treaty shall not apply to such of the agreements, decisions and practices referred to in Article 1 of this Regulation as form an integral part of a national market organisation or are necessary for attainment of the objectives set out in Article 33 of the Treaty In particular, it shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless the Commission finds that competition is thereby excluded or that the objectives of Article 33 of the Treaty are jeopardised. 2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers should be heard, the Commission shall have sole power, subject to review by the Court of Justice, to determine, by decision which shall be published, which agreements, decisions and practices fulfil the conditions specified in paragraph 1. The Commission shall so determine either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings. 3. The publication shall state the names of the parties and the main content of the decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets. Article 3 The provisions of Article 88(1) and of the first sentence of Article 88(3) of the Treaty shall apply to aid granted for production of, or trade in, the products listed in Annex I to the Treaty. Article 4 Regulation No 26 shall be repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Article 5 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 24 July 2006. For the Council The President M. PEKKARINEN (1) Opinion of the European Parliament of 27 April 2006 (not yet published in the Official Journal). (2) OJ 30, 20.4.1962, p. 993/62. Regulation as amended by Regulation No 49 (OJ 53, 1.7.1962, p. 1571/62). (3) See Annex I. ANNEX I Repealed Regulation with its amendment Council Regulation No 26 (OJ 30, 20.4.1962, p. 993/62) Council Regulation No 49 (OJ 53, 1.7.1962, p. 1571/62) Only Article 1(1)(g) ANNEX II Correlation table Regulation No 26 This Regulation Article 1 Article 1 Article 2(1) Article 2(1) Article 2(2) Article 2(2), first subparagraph Article 2(3) Article 2(2), second subparagraph Article 2(4) Article 2(3) Article 3 — Article 4 Article 3 — Article 4 Article 5 Article 5 — Annex I — Annex II

Summary: Application of certain EU competition rules to agricultural products Application of certain EU competition rules to agricultural products SUMMARY OF: Regulation (EC) No 1184/2006 applying certain rules of competition to the production of and trade in certain agricultural products WHAT IS THE AIM OF THE REGULATION? It lays down the rules with respect of the applicability of Articles 101 to 106 of the Treaty on the Functioning of the European Union (TFEU) (formerly Articles 81 to 86 of the Treaty establishing the European Community) — the EU’s competition rules — to the agricultural sector. KEY POINTS The regulation states that Articles 101(1) and 102 TFEU apply in the area of production of or trade in agricultural products except for products covered by Regulation (EU) No 1308/2013 on the common organisation of agricultural markets and Regulation (EU) No 1379/2013 on the common organisation of the markets in fishery and aquaculture products. It allows for two exceptions from the general rules. These are: agreements, decisions and practices which form an integral part of a national market organisation or are necessary to attain the objectives of the common agricultural policy (CAP) as set out by Article 39 of the TFEU; certain agreements, decisions and practices of farmers, farmers’ associations or associations of farmers’ associations belonging to a single EU country which concern the production or sale of agricultural products orthe use of joint facilities for the storage, treatment or processing of agricultural products andunder which there is no obligation to charge identical pricesprovided those agreements do not exclude competition or jeopardise the objectives of the CAP. The European Commission has the sole power, subject to review by the Court of Justice of the EU, to determine, by a decision which must be published, which agreements, decisions and practices meet the conditions. FROM WHEN DOES THE REGULATION APPLY? It has applied since 24 August 2016. BACKGROUND For more information, see: Competition — Agriculture and Food (European Commission). MAIN DOCUMENT Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in agricultural products (Codified version) (OJ L 214, 4.8.2006, pp. 7-9) Successive amendments to Regulation (EC) No 1184/2006 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 101 (ex Article 81 TEC) (OJ C 202, 7.6.2016, pp. 88-89) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 102 (ex Article 82 TEC) (OJ C 202, 7.6.2016, p. 89) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 103 (ex Article 83 TEC) (OJ C 202, 7.6.2016, pp. 89-90) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 104 (ex Article 84 TEC) (OJ C 202, 7.6.2016, p. 90) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 105 (ex Article 85 TEC) (OJ C 202, 7.6.2016, p. 90) Consolidated version of the Treaty on the Functioning of the European Union — Part Three — Union policies and internal actions — Title VII — Common rules on competition, taxation and approximation of laws — Chapter 1 — Rules on competition — Section 1 — Rules applying to undertakings — Article 106 (ex Article 86 TEC) (OJ C 202, 7.6.2016, pp. 90-91) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, pp. 671–854) See consolidated version. Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, pp. 1-21) See consolidated version. last update 25.05.2018