L 92/4 Official Journal of the European Union 30.3.2012 I (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) No 282/2012 of 28 March 2012 laying down common detailed rules for the application of the system of securities for agricultural products (codification) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 43(a), (d), () and (j), Article 47(2), Article 134, Article 143(b), Article 148, Article 161(3), Article 171 and Article 172(2), Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (?), and in particular Articles 37 and 38 thereof, Having regard to Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (}), and in particular Article 4(4), Article 6(4), Article 7(3), and Article 11(4) thereof, Having regard to Council Regulation (EC) No 247/2006 of 30 January 2006 laying down specific measures for agriculture in the outermost regions of the Union (¥, and in particular Article 25 thereof, Having regard to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, amending 299, 16.11.2007, p. 1. 17, 21.1.2000, p. 22. 328, 15.12.2009, p. 10. 42, 14.2.2006, p. 1. Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (°), and in particular Article 142(c) thereof, Having regard to Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (%), and in particular Article 9 thereof, Whereas: (1)  Commission Regulation (EEC) No 2220/85 of 22 July 1985 laying down common detailed rules for the appli- cation of the system of securities for agricultural prod- ucts () has been substantially amended several times (5). In the interests of clarity and rationality the said Regu- lation should be codified. (2)  Numerous provisions in agricultural regulations of the Union require that a security be given to ensure payment of a sum due if an obligation is not met. However, experience has shown that this requirement is in practice interpreted in widely differing fashions. Therefore, in order to avoid unequal competitive conditions, the requirement should be defined. (3)  In particular, the form of the security should be defined. (4)  Many provisions in agricultural regulations of the Union provide that the security given is forfeited if any obligation secured is breached, without making any distinction between breaches of fundamental and of secondary or subordinate obligations. In the interests of equity a distinction should be drawn between the consequences of breaching a fundamental obligation and the consequences of breaching a secondary or OJ L 30, 31.1.2009, p. 16. O] L 349, 24.12.1998, p. 1. OJ L 205, 3.8.1985, p. 5. See Annex 1.