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Document 02013R1308-20211207

Consolidated text: 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

ELI: http://data.europa.eu/eli/reg/2013/1308/2021-12-07

02013R1308 — EN — 07.12.2021 — 007.001


This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document

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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, p. 671)

Amended by:

 

 

Official Journal

  No

page

date

►M1

REGULATION (EU) No 1310/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 17 December 2013

  L 347

865

20.12.2013

►M2

REGULATION (EU) 2016/791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 May 2016

  L 135

1

24.5.2016

►M3

COMMISSION DELEGATED REGULATION (EU) 2016/1166 of 17 May 2016

  L 193

17

19.7.2016

►M4

COMMISSION DELEGATED REGULATION (EU) 2016/1226 of 4 May 2016

  L 202

5

28.7.2016

►M5

REGULATION (EU) 2017/2393 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2017

  L 350

15

29.12.2017

►M6

REGULATION (EU) 2020/2220 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 December 2020

  L 437

1

28.12.2020

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REGULATION (EU) 2021/2117 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 December 2021

  L 435

262

6.12.2021


Corrected by:

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Corrigendum, OJ L 189, 27.6.2014, p.  261 (1308/2013)

►C2

Corrigendum, OJ L 130, 19.5.2016, p.  9 (1308/2013)




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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



PART I

INTRODUCTORY PROVISIONS

Article 1

Scope

1.  
This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products.
2.  

Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

(a) 

cereals, Part I;

(b) 

rice, Part II;

(c) 

sugar, Part III;

(d) 

dried fodder, Part IV;

(e) 

seeds, Part V;

(f) 

hops, Part VI;

(g) 

olive oil and table olives, Part VII;

(h) 

flax and hemp, Part VIII;

(i) 

fruit and vegetables, Part IX;

(j) 

processed fruit and vegetable products, Part X;

(k) 

bananas, Part XI;

(l) 

wine, Part XII;

(m) 

live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

(n) 

tobacco, Part XIV;

(o) 

beef and veal, Part XV;

(p) 

milk and milk products, Part XVI;

(q) 

pigmeat, Part XVII;

(r) 

sheepmeat and goatmeat, Part XVIII;

(s) 

eggs, Part XIX;

(t) 

poultrymeat, Part XX;

(u) 

ethyl alcohol of agricultural origin, Part XXI;

(v) 

apiculture products, Part XXII;

(w) 

silkworms, Part XXIII;

(x) 

other products, Part XXIV.

Article 2

General common agricultural policy (CAP) provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

Article 3

Definitions

1.  
For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex II shall apply.

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3.  
The definitions set out in Regulation (EU) No 1306/2013, Regulation (EU) No 1307/2013 ( 1 ) of the European Parliament and of the Council and Regulation (EU) No 1305/2013 of the European Parliament and of the Council ( 2 ) shall apply for the purposes of this Regulation, save as otherwise provided for in this Regulation.
4.  
In order to take into account the specific characteristics of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 amending the definitions concerning the rice sector set out in Part I of Annex II to the extent necessary to update the definitions in the light of market developments.
5.  

For the purposes of this Regulation:

(a) 

"less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council ( 3 ).

(b) 

"adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

Article 4

Adjustments to the Common Customs Tariff nomenclature used for agricultural products

Where necessary in order to take into account amendments to the combined nomenclature, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 adjusting the description of products and references in this Regulation to the headings or subheadings of the combined nomenclature.

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Article 5

Conversion rates for rice

The Commission may adopt implementing acts fixing the conversion rates for rice at various stages of processing.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 6

Marketing years

The following marketing years shall be established:

(a) 

1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

(b) 

1 April to 31 March of the following year for the dried fodder and silkworm sectors;

(c) 

1 July to 30 June of the following year for:

(i) 

the cereals sector;

(ii) 

the seeds sector;

(iii) 

the flax and hemp sector;

(iv) 

the milk and milk products sector;

(d) 

1 August to 31 July of the following year for the wine sector;

(e) 

1 September to 31 August of the following year for the rice sector and with respect to table olives;

(f) 

1 October to 30 September of the following year for the sugar sector and with respect to olive oil.

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Article 7

Reference thresholds

1.  

The following reference thresholds are fixed:

(a) 

as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading;

(b) 

as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading;

(c) 

as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:

(i) 

for white sugar: EUR 404,4/tonne;

(ii) 

for raw sugar: EUR 335,2/tonne;

(d) 

as regards the beef and veal sector, EUR 2 224 /tonne for carcasses of male bovine animals of conformation/fat cover class R3 as laid down in the Union scale for the classification of carcasses of bovine animals aged eight months or more referred to in point A of Annex IV;

(e) 

as regards the milk and milk products sector:

(i) 

EUR 246,39 per 100 kg for butter;

(ii) 

EUR 169,80 per 100 kg for skimmed milk powder;

(f) 

as regards pigmeat, EUR 1 509,39 /tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses referred to in point B of Annex IV as follows:

(i) 

carcasses weighing from 60 to less than 120 kg: class E;

(ii) 

carcasses weighing from 120 to 180 kg: class R;

(g) 

as regards the olive oil sector:

(i) 

EUR 1 779 /tonne for extra virgin olive oil;

(ii) 

EUR 1 710 /tonne for virgin olive oil;

(iii) 

EUR 1 524 /tonne for lampante olive oil with two degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity.

2.  
The reference thresholds provided for in paragraph 1 shall be kept under review by the Commission, taking account of objective criteria, notably developments in production, costs of production (particularly inputs), and market trends. When necessary, the reference thresholds shall be updated in accordance with the ordinary legislative procedure in the light of developments in production and markets.



PART II

INTERNAL MARKET



TITLE I

MARKET INTERVENTION



CHAPTER I

Public intervention and aid for private storage



Section 1

General provisions on public intervention and aid for private storage

Article 8

Scope

This Chapter lays down rules on market intervention concerning:

(a) 

public intervention, where products are bought in by the competent authorities of the Member States and stored by them until disposed of; and

(b) 

granting of aid for the storage of products by private operators.

Article 9

Origin of eligible products

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union, and if they come from milk, that milk shall have been produced in the Union.

Article 10

Union scales for the classification of carcasses

Union scales for the classification of carcasses shall apply in accordance with, respectively, points A and B of Annex IV in the beef and veal sector as regards carcasses of bovine animals aged eight months or more and in the pigmeat sector as regards pigs other than those that have been used for breeding.

In the sheepmeat and goatmeat sector, Member States may apply a Union scale for the classification of sheep carcasses in accordance with the rules laid down in point C of Annex IV.



Section 2

Public intervention

Article 11

Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

(a) 

common wheat, durum wheat, barley and maize;

(b) 

paddy rice;

(c) 

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 ;

(d) 

butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

(e) 

skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

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Article 12

Public intervention periods

Public intervention shall be available for:

(a) 

common wheat, from 1 October to 31 May;

(b) 

durum wheat, barley and maize, throughout the year;

(c) 

paddy rice, throughout the year;

(d) 

beef and veal, throughout the year;

(e) 

butter and skimmed milk powder, from 1 February to 30 September.

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Article 13

Opening and closing of public intervention

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1.  

During the periods referred to in Article 12, public intervention:

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(a) 

shall be open for common wheat, butter and skimmed milk powder;

(b) 

may be opened by the Commission, by means of implementing acts, for durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

(c) 

may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

2.  
The Commission may adopt implementing acts closing public intervention for the beef and veal sector where, over a representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in point (c) of paragraph 1 of this Article are no longer fulfilled. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

Article 14

Buying-in at a fixed price or tendering

Where public intervention is open pursuant to Article 13(1), measures on fixing buying-in prices for the products referred to in Article 11 as well as, where applicable, measures on quantitative limitations where buying-in is carried out at a fixed price, shall be taken by the Council in accordance with Article 43(3) TFEU.

Article 15

Public intervention price

1.  

Public intervention price means:

(a) 

the price at which products shall be bought in under public intervention where this is done at a fixed price; or

(b) 

the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.

2.  
The measures on fixing the level of the public intervention price, including the amounts of increases and reductions, shall be taken by the Council in accordance with Article 43(3) TFEU.

Article 16

General principles on disposal from public intervention

1.  

Disposal of products bought in under public intervention shall take place in such a way as to:

(a) 

avoid any disturbance of the market,

(b) 

ensure equal access to goods and equal treatment of purchasers, and

(c) 

be in compliance with the commitments resulting from international agreements concluded in accordance with the TFEU.

2.  
Products bought in under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union as set out in the relevant Union legal acts. ►C2  In such cases, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 15(2) of this Regulation. ◄

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2a.  
Member States shall notify to the Commission all the information needed to allow for the monitoring of compliance with the principles laid down in paragraph 1.

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3.  
Each year the Commission shall publish details of the conditions under which products bought in under public intervention were bought or sold in the previous year. Those details shall include the relevant volumes and the buying and selling prices.

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Section 3

Aid for private storage

Article 17

Eligible products

Aid for private storage may be granted in respect of the following products in accordance with the conditions set out in this Section and any further requirements and conditions to be adopted by the Commission, by means of delegated acts pursuant to Article 18(1) or Article 19 and implementing acts pursuant to Article 18(2) or Article 20:

(a) 

white sugar;

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(b) 

olive oil and table olives;

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(c) 

flax fibre;

(d) 

fresh or chilled meat of bovine animals aged eight months or more;

(e) 

butter produced from cream obtained directly and exclusively from cow's milk;

(f) 

cheese;

(g) 

skimmed milk powder made from cow's milk;

(h) 

pigmeat;

(i) 

sheepmeat and goatmeat.

Point (f) of the first paragraph is restricted to cheese benefiting from a protected designation of origin or from a protected geographical indication under Regulation (EU) No 1151/2012 that is stored beyond the period of maturation laid down in the product specification for the product referred to in Article 7 of that Regulation and/or a period of maturation that contributes to increasing the value of the cheese.

Article 18

Conditions for granting aid

1.  

In order to provide for market transparency, the Commission shall, where necessary, be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which it may decide to grant private storage aid for the products listed in Article 17, taking into account:

(a) 

average recorded Union market prices and the reference thresholds and production costs for the products concerned; and/or

(b) 

the need to respond in a timely way to a particularly difficult market situation or economic developments having a significant negative impact on the margins in the sector.

2.  

The Commission may adopt implementing acts

(a) 

granting private storage aid for the products listed in Article 17, taking into account the conditions referred to in paragraph 1 of this Article;

(b) 

restricting the granting of private storage aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

3.  
Measures on fixing the amount of aid for private storage provided for in Article 17 shall be taken by the Council in accordance with Article 43(3) TFEU.



Section 4

Common provisions on public intervention and aid for private storage

Article 19

Delegated powers

1.  

In order to ensure that products bought in under public intervention or subject to aid for private storage are suitable for long-term storage and are of sound, fair and marketable quality, and in order to take into account the specific characteristics of the different sectors for the purposes of ensuring the cost-effective operation of public intervention and private storage, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the requirements and conditions to be met by those products, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim to guarantee, for the products bought in and stored:

(a) 

their quality with respect to quality parameters, quality groups, quality grades, categories, product characteristics and age;

(b) 

their eligibility with respect to quantities, packaging including labelling, preservation, previous storage contracts, approval of undertakings and the stage of the products to which the public intervention price and the aid for private storage applies.

2.  
In order to take account of the specific characteristics of the cereals and paddy rice sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the quality criteria as regards both buying-in and sales of common wheat, durum wheat, barley, maize and paddy rice.
3.  

In order to ensure appropriate storage capacity and the efficiency of the public intervention system in terms of cost-effectiveness, distribution and access for operators, and in order to maintain the quality of products bought in under public intervention for their disposal at the end of the storage period, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

(a) 

the requirements to be fulfilled by storage places for all products subject to public intervention;

(b) 

rules on the storage of products inside and outside the Member State responsible for them and for the treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.

4.  

In order to ensure that aid for private storage has the desired effect on the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

(a) 

rules and conditions applicable where the quantity stored is lower than the contracted quantity;

(b) 

the conditions for granting an advance payment of such aid;

(c) 

the conditions under which it may be decided that products covered by private storage contracts may be re-marketed or disposed of.

5.  

In order to ensure the proper functioning of the public intervention and private storage systems, the Commission shall be empowered to adopt delegated acts in accordance with Article 227:

(a) 

providing for the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

(b) 

laying down the additional conditions to be fulfilled by operators in order to facilitate the effective management and control of the system for Member States and operators;

(c) 

laying down the requirement for operators to lodge a security guaranteeing the fulfilment of their obligations.

6.  

In order to take account of technical developments and of the needs of sectors referred to in Article 10, as well as of the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention measures, the Commission shall be empowered to adopt delegated acts in accordance with Article 227:

(a) 

adapting and updating the provisions of Annex IV on the Union scales for the classification, identification and presentation of carcasses;

(b) 

laying down supplementary provisions relating to classification, including by qualified classifiers, to grading, including by automated grading techniques, to identification, weighing and marking of carcasses and to the calculation of average Union prices and to the weighting coefficients used in the calculation of those prices;

(c) 

laying down, in the beef and veal sector, derogations from provisions and specific derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered, and additional provisions for the products concerned, including regarding the classes of conformation and fat cover and, in sheepmeat sector, further provisions as regards weight, colour of meat and fat cover and the criteria for the classification of light lambs;

(d) 

providing Member States with the authorisation not to apply the grading scale for classification of pig carcasses and the authorisation to use assessment criteria in addition to weight and estimated lean-meat content, or laying down derogations from that scale.

Article 20

Implementing powers in accordance with the examination procedure

The Commission shall adopt implementing acts laying down the measures necessary for the uniform application of this Chapter. Those measures may, in particular, concern the following:

(a) 

the costs payable by the operator where products delivered for public intervention do not meet the minimum quality requirements;

(b) 

the fixing of minimum storage capacity for intervention storage places;

(c) 

the representative periods, markets, and market prices necessary for the application of this Chapter;

(d) 

the delivery of the products to be bought in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

(e) 

the different operations connected with the boning process for the beef and veal sector;

(f) 

the practical arrangements for the packaging, marketing and labelling of products;

(g) 

the procedures for the approval of undertakings producing butter and skimmed milk powder for the purposes of this Chapter;

(h) 

any authorisation of storage outside the territory of the Member State where the products have been bought in and stored;

(i) 

the sale or disposal of products bought in under public intervention, regarding, in particular, selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme referred to in Article 16(2), including transfers between Member States;

(j) 

in respect of products bought in under public intervention, the provisions relating to the possibility for Member States to sell, at their own responsibility, small quantities remaining in storage or quantities which may no longer be repackaged or which have deteriorated;

(k) 

in respect of private storage, the conclusion and the content of contracts between the competent authority of the Member State and the applicants;

(l) 

the placing and keeping of products in private storage and their removal from storage;

(m) 

the duration of the private storage period and the provisions according to which such periods, once specified in the contracts, may be curtailed or extended;

(n) 

the procedures to be followed for buying-in at a fixed price, including the procedures for, and the amount of, the security to be lodged, or for the granting of aid fixed in advance for private storage;

(o) 

the use of tendering procedures, both for public intervention and for private storage, in particular as regards:

(i) 

the submission of offers or tenders and the minimum quantity for an application or submission;

(ii) 

the procedures for, and the amount of, the security to be lodged; and

(iii) 

the selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract does not necessarily ensue;

(p) 

the implementation of Union scales for the classification of beef, pig and sheep carcasses;

(q) 

a different presentation of carcasses and half carcasses than the one laid down in point A.IV of Annex IV for the purpose of establishing market prices;

(r) 

the corrective factors to be applied by Member States to be used for a different presentation of beef and sheep carcasses where the reference presentation is not used;

(s) 

the practical arrangements for the marking of classified carcasses and for the calculation by the Commission of the weighted average Union price for beef, pig and sheep carcasses;

(t) 

the authorisation of Member States to provide, with regard to pigs slaughtered in their territory, for a different presentation of pig carcasses than the one laid down in point B.III of Annex IV, if one of the following conditions is fulfilled:

(i) 

normal commercial practice in their territory differs from the standard presentation defined in the first subparagraph of point B.III of Annex IV;

(ii) 

technical requirements warrant it;

(iii) 

carcasses are dehided in a uniform manner;

(u) 

the provisions for the on-thespot review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by Member States in order to ensure the accuracy and reliability of the classification of carcasses. Those provisions shall provide for the Union to bear the costs resulting from the review activity.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 21

Other implementing powers

The Commission shall adopt implementing acts in order to authorise Member States to use for lambs of less than 13 kg carcass weight, by way of derogation from point C.III of Annex IV, the following criteria for classification:

(a) 

carcass weight;

(b) 

colour of meat;

(c) 

fat cover.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).



CHAPTER II

Aid schemes

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Section 1

Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22

Target group

The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the competent authorities of Member States.

Article 23

Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1.  

Union aid shall be granted in respect of children in the educational establishments referred to in Article 22:

(a) 

for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;

(b) 

for accompanying educational measures; and

(c) 

to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.

The Council shall, in accordance with Article 43(3) TFEU, lay down limits for the proportion of Union aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.

2.  

For the purposes of this Section:

(a) 

‘school fruit and vegetables’ means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;

(b) 

‘school milk’ means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.

3.  

Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (‘the school scheme’) and requesting the corresponding Union aid shall, taking into account national circumstances, prioritise the distribution of products of either or both of the following groups:

(a) 

fruit and vegetables and fresh products of the banana sector;

(b) 

drinking milk and lactose-free versions thereof.

4.  

Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in their territory, Member States may provide for the distribution of products of either or both of the following groups:

(a) 

processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

(b) 

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

5.  
In cases where Member States consider it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, they may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the Union aid shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.

The level of Union aid for the milk component shall be fixed by the Council in accordance with Article 43(3) TFEU.

6.  

Products distributed under the school scheme shall not contain any of the following:

(a) 

added sugars;

(b) 

added salt;

(c) 

added fat;

(d) 

added sweeteners;

(e) 

added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council ( 4 ).

Notwithstanding the first subparagraph of this paragraph, any Member State may, after obtaining the appropriate authorisation from its national authorities responsible for health and nutrition in accordance with its national procedures, decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.

7.  
In addition to products referred to in paragraphs 3, 4 and 5 of this Article, Member States may provide for the inclusion of other agricultural products under the accompanying educational measures, in particular those listed in points (g) and (v) of Article 1(2).
8.  
As a condition for its participation in the school scheme, a Member State shall draw up, prior to its participation in the school scheme, and subsequently every six years, at national or regional level, a strategy for the implementation of the scheme. The strategy may be amended by the authority responsible for drawing it up at national or regional level, in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.

9.  
Member States shall determine in their strategies the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. Without prejudice to paragraph 6, they shall also ensure the appropriate involvement of their national authorities responsible for health and nutrition in drawing up that list, or the appropriate authorisation by those authorities of that list, in accordance with national procedures.
10.  
Member States shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.

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11.  
Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits, including sustainable packaging, and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

▼M2

Article 23a

Financing provisions

▼M7

1.  

Without prejudice to paragraph 4 of this Article, the aid under the school scheme allocated for the distribution of products, the accompanying educational measures and the related costs referred to in Article 23(1) shall not exceed EUR 220 804 135 per school year. Within that overall limit, the aid shall not exceed:

(a) 

for school fruit and vegetables: EUR 130 608 466 per school year;

(b) 

for school milk: EUR 90 195 669 per school year.

▼M2

2.  

The aid referred to in paragraph 1 shall be allocated to each Member State taking into account the following:

(a) 

the number of six- to ten-year-old children in the Member State concerned;

(b) 

the degree of development of the regions within the Member State concerned so as to ensure that higher aid is allocated to less developed regions and to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013; and

(c) 

for school milk, in addition to the criteria referred to in points (a) and (b), the historical use of the Union aid for the supply of milk and milk products to children.

The allocations for the Member States concerned shall ensure that higher aid is allocated to the outermost regions listed in Article 349 TFEU in order to take into account the specific situation of those regions in the sourcing of products and to promote such sourcing between outermost regions that are in geographical proximity to each other.

The allocations for school milk resulting from the application of the criteria laid down in this paragraph shall ensure that all Member States are entitled to receive at least a minimum amount of Union aid per child in the age group referred to in point (a) of the first subparagraph. ►M7  ————— ◄

Measures on the fixing of indicative and definitive allocations and on reallocation of Union aid for school fruit and vegetables and for school milk shall be taken by the Council in accordance with Article 43(3) TFEU.

3.  
Member States wishing to participate in the school scheme shall submit every year their request for Union aid, specifying the amount requested for the school fruit and vegetables and the amount requested for the school milk that they wish to distribute.

▼M7

4.  
Without exceeding the overall limit of EUR 220 804 135 laid down in paragraph 1, any Member State may transfer once per school year up to 20 % of either one or the other of its indicative allocations.

▼M2

That percentage may be increased up to 25 % for the Member States with outermost regions listed in Article 349 TFEU and in other duly justified cases, such as where a Member State needs to address a specific market situation in the sector covered by the school scheme, its particular concerns regarding low consumption of either one of the groups of products, or other societal changes.

Transfers may be made either:

(a) 

prior to the fixing of definitive allocations for the following school year, between the Member State's indicative allocations; or

(b) 

after the start of school year, between the Member State's definitive allocations, where such allocations have been set for the Member State in question.

The transfers referred to in point (a) of the third subparagraph may not be made from the indicative allocation for the group of products for which the Member State concerned requests an amount exceeding its indicative allocation. Member States shall notify to the Commission the amount of any transfers between indicative allocations.

5.  
The school scheme shall be without prejudice to any separate national school schemes which are compatible with Union law. Union aid provided for in Article 23 may be used to extend the scope or effectiveness of any existing national school schemes or school distribution schemes providing school fruit and vegetables and school milk but shall not replace funding for those existing national schemes, except for free distribution of meals to children in educational establishments. If a Member State decides to extend the scope of an existing national school scheme or to make it more effective by requesting Union aid, it shall indicate in the strategy referred to in Article 23(8) how this will be achieved.
6.  
Member States may, in addition to Union aid, grant national aid for the financing of the school scheme.

Member States may finance that aid by means of a levy on the sector concerned or by means of any other contribution from the private sector.

7.  
The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013, information, publicity, monitoring and evaluation measures relating to the school scheme, including measures to raise public awareness of the scheme's objectives, and related networking measures aimed at exchanging experience and best practices in order to facilitate the implementation and management of the scheme.

The Commission may develop, in accordance with Article 24(4) of this Regulation, a common identifier or graphic elements to enhance the visibility of the school scheme.

8.  
Member States participating in the school scheme shall publicise, at school premises or other relevant places, their involvement in the scheme and the fact that it is subsidised by the Union. Member States may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

Article 24

Delegated powers

1.  

In order to promote the healthy eating habits of children and to ensure that the aid under the school scheme is aimed at children in the target group referred to in Article 22, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on:

(a) 

the additional criteria related to the eligibility of the target group referred to in Article 22;

(b) 

the approval and selection of aid applicants by Member States;

(c) 

the drawing up of the national or regional strategies and on the accompanying educational measures.

2.  

In order to ensure the efficient and targeted use of Union funds and to facilitate the implementation of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

(a) 

the identification of costs and measures that are eligible for Union aid;

(b) 

the obligation for Member States to monitor and evaluate the effectiveness of their school scheme.

3.  
In order to take account of scientific developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement the list of artificial flavour-enhancers referred to in point (e) of the first subparagraph of Article 23(6).

In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to define the maximum levels for added sugar, added salt and added fat which may be allowed by Member States under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.

4.  

In order to promote awareness of the school scheme and to increase the visibility of Union aid, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring the Member States participating in the school scheme to clearly publicise the fact that they are receiving Union support to implement the scheme, including in relation to:

(a) 

if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;

(b) 

the specific criteria related to the use of publicity tools.

5.  
In order to ensure the added value and the visibility of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.
6.  
Taking into account the need to ensure that the Union aid is reflected in the price at which the products are available under the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring Member States to explain in their strategies how this will be achieved.

Article 25

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the measures necessary for the application of this Section, including those concerning:

(a) 

the information to be contained in Member States' strategies;

(b) 

the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme;

(c) 

the methods of publicising, and networking measures in respect of, the school scheme;

(d) 

the submission, format and content of annual requests for aid, monitoring and evaluation reports by Member States participating in the school scheme;

(e) 

the application of Article 23a(4), including on the deadlines for the transfers and on the submission, format and content of transfer notifications.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼B



Section 2

Aid in the olive oil and table olives sector

Article 29

Programmes to support the olive oil and table olives sector

1.  

The Union shall finance three-year work programmes to be drawn up by producer organisations recognised under Article 152, associations of producer organisations recognised under Article 156 or interbranch organisations recognised under Article 157 in one or more of the following areas:

(a) 

market follow-up and management in the olive oil and table olives sector;

(b) 

the improvement of the environmental impact of olive cultivation;

(c) 

the improvement of the competitiveness of olive cultivation through modernisation;

(d) 

the improvement of the production quality of olive oil and table olives;

(e) 

the traceability system, the certification and protection of the quality of olive oil and table olives, in particular the monitoring of the quality of olive oils sold to final consumers, under the authority of the national administrations;

(f) 

the dissemination of information on measures carried out by producer organisations, associations of producer organisations or interbranch organisations to improve the quality of olive oil and table olives.

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Work programmes drawn up for the period running from 1 April 2021 shall end on 31 December 2022.

▼M6

2.  

The Union financing of the work programmes referred to in paragraph 1 for 2020 shall be:

(a) 

EUR 11 098 000 for Greece;

(b) 

EUR 576 000 for France;

(c) 

EUR 35 991 000 for Italy.

The Union financing of the work programmes referred to in paragraph 1 for each of the years 2021 and 2022 shall be:

(a) 

EUR 10 666 000 for Greece;

(b) 

EUR 554 000 for France;

(c) 

EUR 34 590 000 for Italy.

▼B

3.  

The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the amounts withheld by the Member States. The maximum funding of the eligible cost shall be:

(a) 

75 % for activities in the areas referred to in points (a), (b) and (c) of paragraph 1;

(b) 

75 % for fixed assets investments and 50 % for other activities in the area referred to in point (d) of paragraph 1;

(c) 

75 % for the work programmes carried out in at least three third countries or non-producing Member States by recognised organisations referred to in paragraph 1 from at least two producer Member States in the areas referred to in points (e) and (f) of paragraph 1, and 50 % for the other activities in these areas.

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.

Article 30

Delegated powers

In order to ensure the efficient and effective use of the Union aid provided for in Article 29 and in order to improve the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

(a) 

in respect of the areas referred to in Article 29(1), the specific measures that can be financed by the Union aid and the activities and costs that cannot be so financed;

(b) 

the minimum allocation by Member States of Union financing to specific areas;

(c) 

the requirement to lodge a security when an application for approval of a work programme is submitted and where an advance payment of aid is made;

(d) 

the criteria to be taken into account by Member States in the selection and approval of work programmes.

Article 31

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down the measures necessary for the application of this Section concerning:

(a) 

the implementation of work programmes and amendments to such programmes;

(b) 

the payment of aid, including advance payments of aid;

(c) 

the procedures for, and the amount of, the security to be lodged when an application for approval of a work programme is submitted and where an advance payment of aid is made.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 3

Aid in the fruit and vegetables sector

Article 32

Operational funds

1.  

Producer organisations in the fruit and vegetables sector and/or their associations may set up an operational fund. The fund shall be financed by:

(a) 

financial contributions from:

(i) 

members of the producer organisation and/or the producer organisation itself; or

(ii) 

associations of producer organisations through the members of those associations;

(b) 

Union financial assistance, which may be granted to producer organisations, or to their associations where those associations present, manage and implement an operational programme or a partial operational programme, in accordance with the terms and conditions to be adopted by the Commission by means of delegated acts pursuant to Article 37 and implementing acts pursuant to Article 38.

2.  
Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.

Article 33

Operational programmes

1.  

Operational programmes in the fruit and vegetables sector shall have a minimum duration of three years and a maximum duration of five years. They shall have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives:

(a) 

planning of production, including production and consumption forecasting and follow-up;

(b) 

improvement of product quality, whether in a fresh or processed form;

(c) 

boosting products' commercial value;

(d) 

promotion of the products, whether in a fresh or processed form;

(e) 

environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming;

▼M5

(f) 

crisis prevention and management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers.

▼B

Operational programmes shall be submitted to the Member States for their approval.

▼M6

Operational programmes for which an extension in line with the maximum duration of five years referred to in the first subparagraph is to be approved after 29 December 2020 may only be extended until 31 December 2022.

By way of derogation from the first subparagraph, new operational programmes that are approved after 29 December 2020 shall have a maximum duration of three years.

▼B

2.  
Associations of producer organisations may also present an entire or partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. The operational programmes of associations of producer organisations shall be subject to the same rules as operational programmes of producer organisations and shall be considered with the operational programmes of member organisations.

To that end, the Member States shall ensure that:

(a) 

measures under operational programmes of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations;

(b) 

the measures and their corresponding financial share are identified in the operational programme of each member organisation;

(c) 

there is no duplication of funding.

3.  

Crisis prevention and management referred to in point (f) of the first subparagraph of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:

(a) 

investments making the management of the volumes placed on the market more efficient;

(b) 

training measures and exchanges of best practices;

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(c) 

promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period;

(d) 

support for the administrative costs of setting up mutual funds and financial contributions to replenish mutual funds, following the compensation paid to producer members who experience a severe drop in their income as a result of adverse market conditions;

▼B

(e) 

replanting of orchards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority;

(f) 

market withdrawal;

(g) 

green harvesting or non-harvesting of fruit and vegetables;

(h) 

harvest insurance;

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(i) 

coaching to other producer organisations, associations of producer organisations, producer groups or individual producers.

▼B

Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations.

Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fifth subparagraph, shall not comprise more than one third of the expenditure under the operational programme.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both.

4.  

For the purposes of this Section:

(a) 

"green harvesting" means the total harvesting on a given area of unripe non-marketable products which have not been damaged prior to the green harvesting, whether due to climatic reasons, disease or otherwise;

(b) 

"non-harvesting" means the termination of the current production cycle on the area concerned where the product is well developed and is of sound, fair and marketable quality. Destruction of products due to a climatic event or disease is not considered as non-harvesting.

5.  

Member States shall ensure that:

(a) 

operational programmes include two or more environmental actions; or

(b) 

at least 10 % of the expenditure under operational programmes covers environmental actions.

▼M5

Environmental actions shall respect the requirements for agri-environment-climate or organic farming commitments laid down in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment-climate or organic farming commitments provided for in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013, each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph.

▼B

Support for the environmental actions referred to in the first subparagraph of this paragraph shall cover additional costs and income foregone resulting from the action.

6.  
Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.

Article 34

Union financial assistance

1.  
The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 32(1) actually paid and limited to 50 % of the actual expenditure incurred.
2.  
The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation or of their association.

However, in the case of producer organisations, that percentage may be increased to 4,6 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

In the case of associations of producer organisations, that percentage may be increased to 4,7 % of the value of the marketed production, provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures implemented by the association of producer organisations on behalf of its members.

3.  

At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme satisfying at least one of the following conditions:

(a) 

it is submitted by several Union producer organisations operating in different Member States on transnational schemes;

(b) 

it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

(c) 

it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007 ( 5 );

(d) 

it is the first to be submitted by a recognised producer organisation which is the result of a merger between two recognised producer organisations;

(e) 

it is the first to be submitted by a recognised association of producer organisations;

(f) 

it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;

(g) 

it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 TFEU.

▼M5

4.  

The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the following cases:

(a) 

market withdrawals of fruit and vegetables which do not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:

(i) 

free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;

(ii) 

free distribution to penal institutions, schools and public education institutions, establishments referred to in Article 22 and to children's holiday camps as well as to hospitals and old people's homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments;

(b) 

actions related to coaching of other producer organisations, or of producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or Article 27 of Regulation (EU) No 1305/2013, provided those organisations or groups are from regions of Member States referred to in Article 35(1) of this Regulation, or of individual producers.

Article 35

National financial assistance

1.  
In regions of Member States in which the degree of organisation of producers in the fruit and vegetables sector is significantly below the Union average, Member States may grant producer organisations national financial assistance equal to a maximum of 80 % of the financial contributions referred to in point (a) of Article 32(1) and up to 10 % of the value of the marketed production of any such producer organisation. That assistance shall be additional to the operational fund.
2.  
The degree of organisation of producers in a region of a Member State shall be considered as significantly below the Union average where the average degree of organisation has been less than 20 % for three consecutive years preceding the implementation of the operational programme. The degree of organisation shall be calculated as the value of fruit and vegetable production that was obtained in the region concerned and marketed by producer organisations, associations of producer organisations and producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or Article 27 of Regulation (EU) No 1305/2013, divided by the total value of the fruit and vegetable production that was obtained in that region.
3.  
Member States that grant national financial assistance in accordance with paragraph 1 shall inform the Commission of the regions that meet the criteria referred to in paragraph 2 and of the national financial assistance granted to producer organisations in those regions.

▼B

Article 36

National framework and national strategy for operational programmes

1.  
Member States shall establish a national framework containing general conditions relating to the environmental actions referred to in Article 33(5). That framework shall provide, in particular, that such actions are to meet the appropriate requirements of Regulation (EU) No 1305/2013, in particular those set out in Article 3 thereof.

Member States shall submit their proposed framework to the Commission which, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), may within three months of the submission require modifications if it finds that the proposal would not contribute to the achievement of the objectives set out in Article 191 TFEU and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

2.  

Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:

(a) 

an analysis of the situation in terms of strengths and weaknesses and the potential for development;

(b) 

justification of the priorities chosen;

(c) 

the objectives of operational programmes and instruments, and performance indicators;

(d) 

assessment of operational programmes;

(e) 

reporting obligations for producer organisations.

The national strategy shall also integrate the national framework referred to in paragraph 1.

3.  
Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.

Article 37

Delegated powers

In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing rules on:

(a) 

operational funds and operational programmes, concerning:

(i) 

the estimated amounts, the decisions by producer organisations and their associations on the financial contributions and the use of operational funds;

(ii) 

the measures, actions, expenditure and administrative and personnel costs to be included or excluded under operational programmes, the modification thereof and the additional requirements to be determined by Member States;

(iii) 

the avoidance of double funding between operational programmes and rural development programmes;

(iv) 

operational programmes of associations of producer organisations;

(v) 

the specific rules applicable to cases in which associations of producer organisations manage, process, implement and present, wholly or in part, operational programmes;

(vi) 

the obligation to use common indicators for the purposes of monitoring and evaluation of operational programmes;

(b) 

the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national frameworks and the national strategies;

(c) 

Union financial assistance, concerning:

(i) 

the basis for the calculation of Union financial assistance and of the value of the marketed production, referred to in Article 34(2);

(ii) 

applicable reference periods for the calculation of aid;

(iii) 

the provision of advance payments and the requirement to lodge a security where an advance payment of aid is made;

(iv) 

the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the application of the limits provided for in Article 34(2);

(d) 

crisis prevention and management measures, concerning:

(i) 

the possibility for Member States not to apply one or more crisis prevention and management measures;

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(ii) 

conditions relating to points (a), (b), (c) and (i) of the first subparagraph of Article 33(3);

▼B

(iii) 

permissible destinations to be decided by Member States for withdrawn products;

(iv) 

the maximum level of support for market withdrawals;

(v) 

the requirement for prior notifications in case of market withdrawals;

(vi) 

the basis of the calculation of the volume of marketed production for free distribution referred to in Article 34(4) and the determination of a maximum volume of marketed production in case of withdrawals;

(vii) 

the requirement to display the Union emblem on packages of products for free distribution;

(viii) 

the conditions for the recipients of withdrawn products;

(ix) 

the use of terms for the purposes of this Section;

(x) 

the conditions, to be adopted by Member States, relating to green harvesting and non-harvesting;

(xi) 

harvest insurance;

(xii) 

mutual funds; and

(xiii) 

the conditions relating to, and the fixing of a ceiling for expenditure on, the replanting of orchards for health or phytosanitary reasons in accordance with point (e) of the first subparagraph of Article 33(3);

(e) 

national financial assistance, concerning:

(i) 

the degree of organisation of producers;

(ii) 

the requirement to lodge a security where an advance payment is made;

(iii) 

the maximum proportion of Union reimbursement of the national financial assistance.

Article 38

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down measures concerning:

(a) 

the management of operational funds;

(b) 

the information to be contained in operational programmes, national frameworks and national strategies referred to in Article 36, the submission of operational programmes to Member States, time limits, accompanying documents and approval by Member States;

(c) 

the implementation of operational programmes by producer organisations and associations of producer organisations;

(d) 

the submission, format and content of monitoring and evaluation reports of national strategies and operational programmes;

(e) 

aid applications and payments of aid, including advance and partial payments of aid;

(f) 

the practical arrangements for the display of the Union emblem on packages of products for free distribution;

(g) 

the respect for marketing standards in case of withdrawals;

(h) 

transport, sorting and packaging costs in case of free distribution;

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(i) 

promotion, communication, training and coaching measures in cases of crisis prevention and management;

▼B

(j) 

the implementation of withdrawal operations, green harvesting, non-harvesting and harvest insurance measures;

(k) 

the application, authorisation, payment and reimbursement of the national financial assistance;

(l) 

the procedures for, and the amount of, the security to be lodged where an advance payment is made.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 4

Support programmes in the wine sector



Subsection 1

General provisions and eligible measures

Article 39

Scope

This Section lays down the rules governing the attribution of Union funds to Member States and the use of those funds by Member States through five-year national support programmes ("support programmes") to finance specific support measures to assist the wine sector.

Article 40

Compatibility and consistency

1.  
Support programmes shall be compatible with Union law and shall be consistent with the activities, policies and priorities of the Union.
2.  
Member States shall be responsible for support programmes and shall ensure that they are internally consistent and that they are drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment of producers.
3.  

No support shall be granted for:

(a) 

research projects and measures to support research projects other than those referred to in points (d) and (e) of Article 45(2);

(b) 

measures contained in Member States' rural development programmes under Regulation (EU) No 1305/2013.

Article 41

Submission of support programmes

▼C2

1.  
Each producer Member State listed in Annex VI shall submit to the Commission a draft five-year support programme containing at least one of the eligible measures set out in Article 43.

▼B

2.  
The support measures in the draft support programmes shall be drawn up at the geographical level which the Member State considers most appropriate. The Member State shall consult the competent authorities and organisations at the appropriate territorial level on the draft support programme before submitting it to the Commission.
3.  
Each Member State shall submit a single draft support programme, which may take into account regional particularities.
4.  
Support programmes shall become applicable three months after the submission of the draft support programme to the Commission.

However, the Commission may adopt implementing acts establishing that the submitted draft support programme does not comply with the rules laid down in this Section, and shall inform the Member State thereof. In such a case, the Member State shall submit a revised draft support programme to the Commission. The revised support programme shall become applicable two months after the submission of the draft revised support programme unless an incompatibility persists, in which case this subparagraph shall apply.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

5.  
Paragraph 4 shall apply mutatis mutandis to changes in respect of applicable support programmes submitted by Member States.

Article 42

Content of support programmes

Support programmes shall include at least the following elements:

(a) 

a detailed description of the measures proposed, as well as their quantified objectives;

(b) 

the results of consultations held;

(c) 

an appraisal showing the expected technical, economic, environmental and social impact;

(d) 

a schedule for implementing the measures;

(e) 

a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with the budgetary limits provided for in Annex VI;

(f) 

the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and

(g) 

the designation of competent authorities and bodies responsible for implementing the support programme.

Article 43

Eligible measures

Support programmes may contain only one or more of the following measures:

(a) 

promotion, in accordance with Article 45;

(b) 

restructuring and conversion of vineyards, in accordance with Article 46;

(c) 

green harvesting, in accordance with Article 47;

(d) 

mutual funds, in accordance with Article 48;

(e) 

harvest insurance, in accordance with Article 49;

(f) 

investments, in accordance with Article 50;

(g) 

innovation in the wine sector, in accordance with Article 51;

(h) 

by-product distillation, in accordance with Article 52.

Article 44

General rules concerning support programmes

1.  
The available Union funds shall be allocated within the budgetary limits provided for in Annex VI.
2.  
Union support shall only be granted for eligible expenditure incurred after the submission of the relevant draft support programme.
3.  
Member States shall not contribute to the costs of measures financed by the Union under the support programmes.



Subsection 2

Specific support measures

Article 45

Promotion

1.  

Support under this Article shall cover information or promotion measures concerning Union wines:

(a) 

in Member States, with a view to informing consumers about the responsible consumption of wine and about the Union systems covering designations of origin and geographical indications; or

(b) 

in third countries, with a view to improving their competitiveness.

2.  

The measures referred to in point (b) of paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety and shall consist only of one or more of the following:

(a) 

public relations, promotion or advertisement measures, in particular highlighting the high standards of the Union products, especially in terms of quality, food safety or the environment;

(b) 

participation at events, fairs or exhibitions of international importance;

(c) 

information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;

(d) 

studies of new markets, necessary for the expansion of market outlets;

(e) 

studies to evaluate the results of the information and promotion measures.

3.  
The Union contribution to information or promotion measures referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.

Article 46

Restructuring and conversion of vineyards

1.  
The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.
2.  
The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 145(3).
3.  

Support for the restructuring and conversion of vineyards, which could also contribute to improving sustainable production systems and the environmental footprint of the wine sector, may only cover one or more of the following activities:

(a) 

varietal conversion, including by means of grafting-on;

(b) 

relocation of vineyards;

(c) 

replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority;

(d) 

improvements to vineyard management techniques, in particular the introduction of advanced systems of sustainable production.

The normal renewal of vineyards, which means the replanting of the same parcel of land with the same wine grape variety according to the same system of vine cultivation, when vines have come to the end of their natural life, shall not be supported.

Member States may lay down further specifications, especially as regards the age of the vineyards replaced.

4.  

Support for the restructuring and conversion of vineyards, including improving vineyard management techniques, may only take the following forms:

(a) 

compensation to producers for the loss of revenue due to the implementation of the measure;

(b) 

contribution to the costs of restructuring and conversion.

5.  

Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:

(a) 

notwithstanding Subsection II of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;

(b) 

financial compensation.

6.  
The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions, the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.

Article 47

Green harvesting

1.  
For the purposes of this Article, "green harvesting" means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.

Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting.

2.  
Support for green harvesting shall contribute to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
3.  
Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned. The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.
4.  
The Member State concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling fixed in paragraph 3.

Article 48

Mutual funds

1.  
Support for the setting up of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.
2.  
Support for the setting up of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds.

Article 49

Harvest insurance

1.  
Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations.

Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures.

2.  

Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:

(a) 

80 % of the cost of the insurance premiums paid for by producers for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;

(b) 

50 % of the cost of the insurance premiums paid for by producers for insurance:

(i) 

against losses referred to in point (a) and against other losses caused by adverse climatic events;

(ii) 

against losses caused by animals, plant diseases or pest infestations.

3.  
Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.
4.  
Support for harvest insurance shall not distort competition in the insurance market.

Article 50

Investments

1.  
Support may be granted for tangible or intangible investments in processing facilities and winery infrastructure, as well as marketing structures and tools. Those investments shall be intended to improve the overall performance of the enterprise and its adaptation to market demands, as well as to increase its competitiveness, and shall concern the production or marketing of grapevine products referred to in Part II of Annex VII, including with a view to improving energy savings, global energy efficiency and sustainable processes.
2.  

Support under paragraph 1 at its maximum rate:

(a) 

shall apply only to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC ( 6 );

(b) 

may, in addition, apply to all enterprises for the outermost regions referred to in Article 349 TFEU and the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013 of the European Parliament and of the Council ( 7 ).

For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with fewer than 750 employees, or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty ( 8 ).

3.  
The eligible expenditure shall exclude the non-eligible costs referred to in Article 69(3) of Regulation (EU) No 1303/2013.
4.  

The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:

(a) 

50 % in less developed regions;

(b) 

40 % in regions other than less developed regions;

(c) 

75 % in the outermost regions referred to in Article 349 TFEU;

(d) 

65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EU) No 229/2013.

5.  
Article 71 of Regulation (EU) No 1303/2013 shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.

Article 51

Innovation in the wine sector

Support may be granted for tangible or intangible investments aimed at the development of new products, processes and technologies concerning the products referred to in Part II of Annex VII. The support shall be intended to increase the marketability and competitiveness of Union grapevine products and may include an element of knowledge transfer. The maximum aid rates concerning the Union contribution to the support provided under this Article shall be the same as those set out in Article 50(4).

Article 52

By-product distillation

1.  
Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VIII.

The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.

2.  
The aid shall be paid to distillers that process by-products of winemaking delivered for distillation into raw alcohol with an alcoholic strength of at least 92 % by volume.

Member States may make the granting of support conditional upon the lodging of a security by the beneficiary.

3.  
The maximum applicable aid levels shall be based on collection and processing costs and shall be fixed by the Commission by means of implementing acts pursuant to Article 54.
4.  
The relevant aid shall include a lump-sum amount to compensate for the costs of collection of the by-products of winemaking. That amount shall be transferred from the distiller to the producer, where the relevant costs are borne by the latter.
5.  
The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.



Subsection 3

Procedural provisions

Article 53

Delegated powers

In order to ensure that Member States' wine support programmes meet their objectives and that there is an efficient and effective use of Union funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing:

(a) 

rules on the responsibility for expenditure between the date of receipt by the Commission of the support programmes and modifications to support programmes, and their date of applicability;

(b) 

rules on the content of support programmes and the expenditure, administrative and personnel costs and operations that may be included in Member States' support programmes and the conditions for, and the possibility to make, payments through intermediaries in the case of support for harvest insurance provided for in Article 49;

(c) 

rules on the requirement to lodge a security where an advance payment is made;

(d) 

rules on the use of terms for the purposes of this Section;

(e) 

rules on the fixing of a ceiling for expenditure on the replanting of vineyards for health or phytosanitary reasons in accordance with point (c) of the first subparagraph of Article 46(3);

(f) 

rules on the avoidance of double funding between:

(i) 

the different operations of a Member State's wine support programme, and

(ii) 

a Member State's wine support programme and its rural development or promotional programmes;

(g) 

rules under which producers are to withdraw the by-products of winemaking, and on exceptions to that obligation in order to avoid additional administrative burden, and rules for the voluntary certification of distillers;

(h) 

rules allowing Member States to establish conditions for the proper functioning of support measures in their programmes.

Article 54

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down measures concerning:

(a) 

the submission of the support programmes, the corresponding financial planning and revision of support programmes;

(b) 

application, selection and payment procedures;

(c) 

the submission, format and content of the reports and evaluations of Member States' support programmes;

(d) 

the fixing, by Member States, of the rates of aid for green harvesting and by-product distillation;

(e) 

financial management and provisions concerning the application of the support measures by the Member States;

(f) 

the procedures for, and the amount of, the security to be lodged where an advance payment is made.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 5

Aid in the apiculture sector

Article 55

National programmes and financing

1.  
With a view to improving general conditions for the production and marketing of apiculture products, Member States may draw up national programmes for the apiculture sector covering a period of three years ("apiculture programmes"). These programmes shall be developed in cooperation with representative organisations in the beekeeping field.

▼M6

By way of derogation from the first subparagraph, national programmes drawn up for the period running from 1 August 2019 until 31 July 2022 shall be extended until 31 December 2022. Member States shall modify their national programmes to take account of that extension and shall notify the modified programmes to the Commission for their approval.

▼B

2.  
The Union contribution to the apiculture programmes shall be equivalent to 50 % of the expenditure borne by Member States for those programmes, as approved in accordance with point (c) of the first paragraph of Article 57.
3.  
To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.
4.  

The following measures may be included in apiculture programmes:

(a) 

technical assistance to beekeepers and beekeepers' organisations;

(b) 

combating beehive invaders and diseases, particularly varroasis;

(c) 

rationalisation of transhumance;

(d) 

measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;

(e) 

measures to support the restocking of hives in the Union;

(f) 

cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;

(g) 

market monitoring;

(h) 

enhancement of product quality with a view to exploiting the potential of products on the market.

Article 56

Delegated powers

1.  

In order to ensure the effective and efficient use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:

(a) 

the avoidance of double funding between Member States' apiculture programmes and rural development programmes;

(b) 

the basis for allocating the Union's financial contribution to each participating Member State, based, inter alia, on the total number of bee hives in the Union.

2.  
In order to ensure that the Union aid scheme is adapted to the latest developments and that the measures covered are effective in improving the general conditions for the production and marketing of apiculture products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to update the list of measures referred to in Article 55(4) that may be included in Member States' apiculture programmes, by adding other measures or adapting those measures without deleting any of them. That update of the list of measures shall not affect national programmes adopted prior to the entry into force of the delegated act.

Article 57

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down the measures necessary for the application of this Section concerning:

(a) 

the content of national programmes and of the studies carried out by Member States on the production and marketing structure of their beekeeping sectors;

(b) 

the procedure for the reallocation of unused funds;

(c) 

the approval of apiculture programmes submitted by Member States, including the allocation of the Union's financial contribution to each participating Member State and the maximum level of funding by Member States.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 6

Aid in the hops sector

Article 58

Aid to producer organisations

1.  
The Union shall grant an aid to producer organisations in the hops sector recognised in accordance with Article 152 to finance the pursuit of the aims referred to in points (c)(i), (ii) or (iii) of Article 152(1).

▼M6

2.  
The Union financing for the aid to producer organisations provided for in paragraph 1 for 2020 shall be EUR 2 277 000 for Germany.

The Union financing for the aid to producer organisations provided for in paragraph 1 for each of the years 2021 and 2022 shall be EUR 2 188 000 for Germany.

▼B

Article 59

Delegated powers

In order to ensure that the aid referred to in Article 58 finances the pursuit of the aims referred to in Article 152, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

(a) 

aid applications, including rules on deadlines and accompanying documents;

(b) 

rules on eligible hop areas and the calculation of the amounts to be paid to each producer organisation.

Article 60

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down the measures necessary for the application of this Section concerning the payment of aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



CHAPTER III

Scheme of authorisations for vine plantings

▼M7

Article 61

Duration

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2045, with two mid-term reviews to be undertaken by the Commission in 2028 and 2040 to evaluate the operation of the scheme and, if appropriate, make proposals.

▼B



Section 1

Management of the scheme of authorisations for vine plantings

Article 62

Authorisations

1.  
Vines of wine grape varieties classified in accordance with Article 81(2) may only be planted or replanted if an authorisation is granted in accordance with Articles 64, 66 and 68 under the conditions laid down in this Chapter.
2.  
Member States shall grant the authorisation referred to in paragraph 1, corresponding to a specific area expressed in hectares, upon submission of an application by producers which complies with objective and non-discriminatory eligibility criteria. Such authorisation shall be granted without a fee being charged to the producers.
3.  
The authorisations referred to in paragraph 1 shall be valid for three years from the date on which they were granted. A producer who has not used an authorisation granted during its period of validity shall be subject to administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013.

▼M7

By way of derogation from the first subparagraph, Member States may decide that when replanting takes place on the same parcel or parcels on which the grubbing up was undertaken, the authorisations referred to in Article 66(1) are valid for six years from the date on which they were granted. Such authorisations shall clearly identify the parcel or parcels on which the grubbing up and the replanting will take place.

▼M7

By way of derogation from the first subparagraph, the validity of authorisations granted in accordance with Article 64 and Article 66(1), which expires in the years 2020 and 2021, is extended until 31 December 2022.

Producers who hold authorisations in accordance with Article 64 and Article 66(1) of this Regulation, which expire in 2020 and 2021, shall not, by way of derogation from the first subparagraph of this paragraph, be subject to the administrative penalty referred to in Article 89(4) of Regulation (EU) No 1306/2013 provided that they inform the competent authorities by 28 February 2022 that they do not intend to make use of their authorisation and do not wish to benefit from the extension of their validity as referred to in the third subparagraph of this paragraph. Where producers who hold authorisations, the validity of which was extended until 31 December 2021, have declared to the competent authority by 28 February 2021 that they do not intend to make use of those authorisations, they shall be allowed to retract their declarations by means of a written communication to the competent authority by 28 February 2022 and to make use of their authorisations within the extended validity period provided for in the third subparagraph.

4.  
This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower’s household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.

▼M5

5.  
Member States may apply this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council ( 9 ). For the purposes of this Chapter, those areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.

▼B

Article 63

Safeguard mechanism for new plantings

▼M7

1.  

Member States shall make available each year authorisations for new plantings corresponding to either:

(a) 

1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or

(b) 

1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 that were available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.

▼B

2.  

Member States may:

(a) 

apply at national level a lower percentage than the percentage set out in paragraph 1;

(b) 

limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication.

▼M7

Member States that limit the issuing of authorisations at regional level for specific areas eligible for the production of wines with a protected designation of origin or for areas eligible for the production of wines with a protected geographical indication in accordance with the first subparagraph, point (b), may require such authorisations to be used in those regions.

▼B

3.  

Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds:

(a) 

the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need;

▼M7

(b) 

the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication;

▼M7

(c) 

the wish to contribute to the development of the products in question while preserving the quality of those products.

3a.  
Member States may take any regulatory measures necessary to prevent circumvention by operators of the restrictive measures taken pursuant to paragraphs 2 and 3.

▼B

4.  
Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

Article 64

Granting of authorisations for new plantings

1.  
If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted.

▼M7

Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria at national or regional level:

▼B

(a) 

the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation;

(b) 

the applicant shall possess adequate occupational skills and competence;

(c) 

the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities;

▼M5

(ca) 

the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007;

▼B

(d) 

where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner.

▼M7

2.  

If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria that may apply at national or regional level.

▼B

(a) 

producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants);

▼M7

(b) 

areas where vineyards contribute to the preservation of the environment or the conservation of the genetic resources of vines;

▼B

(c) 

areas to be newly planted in the framework of land consolidation projects;

(d) 

areas facing natural or other specific constraints;

(e) 

the sustainability of projects of development or replantations on the basis of an economic evaluation;

▼M7

(f) 

areas to be newly planted which contribute to increasing the production of holdings of the wine-growing sector that show increased cost-efficiency or competitiveness or presence on the markets;

▼B

(g) 

projects with the potential to improve the quality of products with geographical indications;

▼M7

(h) 

areas to be newly planted in the framework of increasing the size of small and medium-sized vine holdings;

▼M5

2a.  
If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application.

▼M7

2b.  
Member States may take any necessary regulatory measures to prevent the circumvention by operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a.

▼M5

3.  
Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

▼B

Article 65

Role of professional organisations

▼M7

When applying Article 63(2), a Member State shall take into consideration recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157, by interested groups of producers referred to in Article 95, or by other types of professional organisation recognised on the basis of that Member State’s legislation, provided that those recommendations are preceded by an agreement entered into by the relevant representative parties in the reference geographical area.

▼B

The recommendations shall be made for no more than three years.

Article 66

Replantings

1.  
Member States shall automatically grant an authorisation to producers who have grubbed up an area planted with vines as from 1 January 2016 and submitted an application. Such authorisation shall correspond to the equivalent of that area in terms of pure crop. The areas covered by such authorisations shall not be counted for the purposes of Article 63.
2.  
Member States may grant the authorisation referred to in paragraph 1 to producers undertaking to grub up an area planted with vines if the grubbing up of the pledged area is carried out at the latest by the end of the fourth year from the date on which new vines have been planted.
3.  
The authorisation referred to in paragraph 1 shall be used on the same holding on which the grubbing up was undertaken. Member States may, in areas eligible for the production of wines with protected designations of origin or protected geographical indications, restrict the replanting, on the basis of a recommendation from a professional organisation in accordance with Article 65, to vines complying with the same protected designation of origin or geographical indication specification as the area grubbed up.
4.  
This Article shall not apply in the case of grubbing up of non-authorised plantings.

Article 67

De minimis

1.  
The scheme of authorisations for vine plantings established in this Chapter shall not apply in Member States where the transitional planting right regime established in Subsection II of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 did not apply on 31 December 2007.
2.  
Member States to which the regime referred to in paragraph 1 applied on 31 December 2007, and in respect of which the areas currently planted with vines do not exceed 10 000 hectares, may decide not to implement the scheme of authorisations for vine plantings established in this Chapter.

Article 68

Transitional provisions

1.  
Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016.

▼M6

Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December 2022.

2.  
Authorisations granted pursuant to paragraph 1 shall have the same period of validity as the planting rights referred to in paragraph 1. If those authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December 2025.

▼M7

2a.  
From 1 January 2023, an area equivalent to the area covered by planting rights that were eligible for conversion into planting authorisations on 31 December 2022 but have not yet been converted into authorisations in accordance to paragraph 1, shall remain at the disposal of the Member States concerned, which may grant authorisations in accordance with Article 64 at the latest by 31 December 2025.

▼M7

3.  
The areas covered by the authorisations granted pursuant to paragraphs 1 and 2a of this Article shall not be counted for the purposes of Article 63.

▼B

Article 69

Delegated powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

(a) 

the conditions for the application of the exemption referred to in Article 62(4);

(b) 

the rules relating to the criteria referred to in Article 64(1) and (2);

(c) 

the addition of criteria to those listed in Article 64(1) and (2);

(d) 

the co-existence of vines that the producer has undertaken to grub up with newly planted vines pursuant to Article 66(2);

(e) 

the grounds for Member State decisions under Article 66(3).

Article 70

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down the necessary measures in relation to:

(a) 

the procedures for granting the authorisations;

(b) 

the records to be kept by the Member States and notifications to be sent to the Commission.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 2

Control of the scheme of authorisations for vine plantings

Article 71

Non-authorised plantings

1.  
Producers shall grub up at their own cost areas planted with vines without an authorisation.
2.  
If producers do not grub up within four months from the date on which they are notified of the irregularity, Member States shall ensure the grubbing up of such non-authorised plantings within two years following the expiry of the four-month period. The relevant cost shall be charged to the producers concerned.
3.  
Member States shall communicate to the Commission by 1 March each year the total size of the areas ascertained as planted with vines without an authorisation after 1 January 2016, as well as the areas grubbed up in accordance with paragraphs 1 and 2.
4.  
A producer who has not complied with the obligation laid down in paragraph 1 of this Article shall be subject to penalties to be laid down in accordance with Article 64 of Regulation (EU) No 1306/2013.
5.  
Areas planted with vines without an authorisation shall not benefit from any national or Union support measures.

Article 72

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down necessary measures setting out the details of the communication requirements that Member States are to comply with, including possible reductions of the budgetary limits provided for in Annex VI in the case of non-compliance.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



TITLE II

RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS



CHAPTER I

Rules concerning marketing



Section 1

Marketing standards



Subsection 1

Introductory provisions

Article 73

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards. Those rules shall be divided between obligatory rules and optional reserved terms for agricultural products.



Subsection 2

Marketing standards by sectors or products

Article 74

General principle

The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in the Union only if they conform to those standards.

Article 75

Establishment and content

1.  

Marketing standards may apply to one or more of the following sectors and products:

(a) 

olive oil and table olives;

(b) 

fruit and vegetables;

(c) 

processed fruit and vegetable products;

(d) 

bananas;

(e) 

live plants;

(f) 

eggs;

(g) 

poultrymeat;

(h) 

spreadable fats intended for human consumption;

(i) 

hops.

2.  
In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.
3.  

Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( 10 ), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

(a) 

the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(b) 

classification criteria such as grading into classes, weight, sizing, age and category;

(c) 

the species, plant variety or animal race or the commercial type;

(d) 

the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(e) 

criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(f) 

specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(g) 

the type of farming and production method including oenological practices and advanced systems of sustainable production;

(h) 

coupage of must and wine including definitions thereof, blending and restrictions thereof;

(i) 

the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

(j) 

the place of farming and/or origin, excluding poultrymeat and spreadable fats;

(k) 

restrictions as regards the use of certain substances and practices;

(l) 

specific use;

(m) 

the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

4.  
In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.
5.  

The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

(a) 

the specific characteristics of the product concerned;

(b) 

the need to ensure the conditions to facilitate the placing of the products on the market;

(c) 

the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

(d) 

the methods available for determining physical, chemical and organoleptic characteristics of the products;

(e) 

the standard recommendations adopted by international bodies;

(f) 

the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

6.  
In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to modify the list of sectors in paragraph 1. Such delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, and shall be subject to a Commission report to the European Parliament and to the Council evaluating, in particular, the needs of the consumer, the costs and administrative burdens for operators, including the impact on the internal market and on international trade, and the benefits offered to producers and to the end consumer.

Article 76

Additional requirements for marketing of products in the fruit and vegetables sector

1.  
In addition, where relevant, to the applicable marketing standards referred to in Article 75, products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if they are sound, fair and of marketable quality and if the country of origin is indicated.
2.  
The marketing standards referred to in paragraph 1, as well as any marketing standard applicable to the fruit and vegetables sector laid down in accordance with this subsection, shall apply at all marketing stages including import and export, and may cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.
3.  
The holder of products of the fruit and vegetables sector covered by marketing standards shall not display such products, offer them for sale or deliver or market them in any manner within the Union other than in conformity with those standards and shall be responsible for ensuring such conformity.
4.  
In order to ensure the proper application of requirements set out in paragraph 1 of this Article and to take into account certain specific situations, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning specific derogations to this Article which are necessary for its proper application.

Article 77

Certification for hops

1.  
In addition, where relevant, to the applicable marketing standards, products of the hops sector harvested or prepared within the Union shall be subject to a certification procedure under this Article.
2.  
Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.
3.  

The certificates shall at least indicate:

(a) 

the place(s) of production of the hops;

(b) 

the year(s) of harvesting; and

(c) 

the variety or varieties.

4.  
Products of the hops sector may be marketed or exported only if covered by a certificate issued in accordance with this Article.

In the case of imported products of the hops sector, the attestation provided for in Article 190(2) shall be deemed to be equivalent to that certificate.

5.  

The Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down measures derogating from paragraph 4 of this Article:

(a) 

in order to satisfy the trade requirements of certain third countries; or

(b) 

for products intended for special uses.

The measures referred to in the first subparagraph shall:

(i) 

not prejudice the normal marketing of products for which the certificate has been issued; and

(ii) 

be accompanied by guarantees intended to avoid any confusion with those products.

Article 78

Definitions, designations and sales descriptions for certain sectors and products

1.  

In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

(a) 

beef and veal;

(b) 

wine;

(c) 

milk and milk products intended for human consumption;

(d) 

poultrymeat;

(e) 

eggs;

(f) 

spreadable fats intended for human consumption; and

(g) 

olive oil and table olives.

2.  
The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.
3.  
The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.
4.  
In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.
5.  
In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.

Article 79

Tolerance

1.  
In order to take into account the specific characteristics of each product or sector, the different marketing stages, the technical conditions, any possible considerable practical difficulty, and also the accuracy and repeatability of the methods of analysis, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on tolerance for one or more specific standards in excess of which the entire batch of products shall be considered not to respect that standard.
2.  
When adopting the acts referred to in paragraph 1, the Commission shall take into account the need not to alter the intrinsic characteristics of the product and to avoid lowering its quality.

Article 80

Oenological practices and methods of analyses

1.  
Only oenological practices authorised in accordance with Annex VIII and provided for in point (g) of Article 75(3) and in Article 83(2) and (3) shall be used in the production and conservation of the products listed in Part II of Annex VII in the Union.

The first subparagraph shall not apply to:

(a) 

grape juice and concentrated grape juice; and

(b) 

grape must and concentrated grape must intended for the preparation of grape juice.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VII shall be produced in the Union in accordance with the rules laid down in Annex VIII.

2.  

Products listed in Part II of Annex VII shall not be marketed in the Union if:

(a) 

they have undergone unauthorised Union oenological practices;

(b) 

they have undergone unauthorised national oenological practices; or

(c) 

they do not comply with the rules laid down in Annex VIII.

The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.

3.  

When authorising oenological practices for wine as referred to in point (g) of Article 75(3), the Commission shall:

(a) 

take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;

(b) 

take into account the protection of human health;

(c) 

take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;

(d) 

allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;

(e) 

ensure an acceptable minimum level of environmental care;

(f) 

respect the general rules concerning oenological practices and the rules laid down in Annex VIII.

4.  
In order to ensure the correct treatment of unmarketable wine products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on the national procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
5.  
The Commission shall, where necessary, adopt implementing acts laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued by the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Pending the adoption of such implementing acts, the methods and rules to be used shall be those allowed by the Member State concerned.

Article 81

Wine grape varieties

1.  
Products listed in Part II of Annex VII and produced in the Union shall be made from wine grape varieties classifiable in accordance with paragraph 2 of this Article.
2.  
Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted on their territories for the purpose of wine production.

Only wine grape varieties meeting the following conditions may be classified by Member States:

(a) 

the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

(b) 

the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.

3.  
Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, shall be exempt from the classification obligation provided for in the first subparagraph of paragraph 2.

However, also in those Member States, only wine grape varieties complying with the second subparagraph of paragraph 2 may be planted, replanted or grafted for the purpose of wine production.

4.  

By way of derogation from the first and third subparagraphs of paragraph 2 and the second subparagraph of paragraph 3, the planting, replanting or grafting of the following wine grape varieties shall be allowed by the Member States for scientific research and experimental purposes:

(a) 

wine grape varieties which are not classified, in the case of the Member States other than those referred to in paragraph 3;

(b) 

wine grape varieties which do not comply with the second subparagraph of paragraph 2, in the case of the Member States referred to in paragraph 3.

5.  
Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up.

However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producer's household.

▼M7

6.  
Areas planted for purposes other than wine production with vine varieties which, in the case of Member States other than those referred to in paragraph 3, are not classified or which, in the case of Member States referred to in paragraph 3, do not comply with paragraph 2, second subparagraph, shall not be subject to a grubbing up obligation.

The planting and replanting of the vine varieties referred to in the first subparagraph for purposes other than wine production shall not be subject to the scheme of authorisations for vine planting laid down in Part II, Title I, Chapter III.

▼B

Article 82

Specific use of wine not conforming to the categories listed in Part II of Annex VII

Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 81(2) but not conforming to one of the categories laid down in Part II of Annex VII shall be used only for consumption by individual wine-producers' households, for the production of wine vinegar or for distillation.

Article 83

National rules for certain products and sectors

1.  
Notwithstanding Article 75(2), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating, in particular, to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria have been complied with.

2.  
Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.
3.  
Member States may allow the experimental use of unauthorised oenological practices.
4.  
In order to ensure the correct and transparent application of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 setting out the conditions for the application of paragraphs 1, 2 and 3 of this Article, as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.
5.  
Member States may only adopt or maintain additional national provisions on products covered by a Union marketing standard if those provisions comply with Union law, in particular the principle of free movement of goods, and subject to Directive 98/34/EC of the European Parliament and of the Council ( 11 ).



Subsection 3

Optional reserved terms

Article 84

General provision

A scheme for optional reserved terms by sector or by product shall be established in order to make it easier for producers of agricultural products that have value-adding characteristics or attributes to communicate those characteristics or attributes within the internal market, and in particular to support and complement the specific marketing standards.

This Subsection shall not apply to wine products referred to in Article 92(1).

Article 85

Existing optional reserved terms

1.  
The optional reserved terms covered by this scheme on 20 December 2013 are listed in Annex IX and the conditions of their use shall be laid down pursuant to point (a) of Article 86.
2.  
The optional reserved terms referred to in paragraph 1 of this Article shall remain in force, subject to any amendment, unless cancelled pursuant to Article 86.

▼M7

Article 86

Reservation, amendment and cancellation of optional reserved terms

In order to take account of the expectations of consumers, including as regards production methods and sustainability in the supply chain, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts in accordance with Article 227:

(a) 

reserving an additional optional reserved term, laying down its conditions of use;

(b) 

amending the conditions of use of an optional reserved term; or

(c) 

cancelling an optional reserved term.

▼B

Article 87

Additional optional reserved terms

1.  

A term shall be eligible to be reserved as an additional optional reserved term only if it fulfils all of the following requirements:

(a) 

the term relates to a characteristic of a product or to a farming or processing attribute and relates to a sector or product;

(b) 

the use of the term enables clearer communication of the added value of the product by its specific characteristics or farming or processing attributes;

(c) 

when the product is placed on the market, the characteristic or attribute referred to in point (a) is identifiable by consumers in several Member States;

(d) 

the conditions and use of the term are in conformity with Directive 2000/13/EC of the European Parliament and of the Council ( 12 ) or Regulation (EU) No 1169/2011.

When introducing an additional optional reserved term, the Commission shall take account of any relevant international standard and of the existing reserved terms for the products or sectors involved.

2.  
In order to take the characteristics of certain sectors as well as consumer expectations into account, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down further details on the requirements for the introduction of an additional reserved term, as referred to in paragraph 1 of this Article.

Article 88

Restrictions on use of optional reserved terms

1.  
An optional reserved term may only be used to describe products that conform to the applicable conditions of use.
2.  
Member States shall adopt appropriate measures to ensure that product labelling does not give rise to confusion with optional reserved terms.
3.  
In order to ensure that products described by means of optional reserved terms conform to the applicable conditions of use, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down additional rules on the use of optional reserved terms.



Subsection 4

Marketing standards related to import and export

Article 89

General provisions

In order to take into account the specific characteristics of trade between the Union and certain third countries and the special character of certain agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

(a) 

the conditions under which imported products are considered to have an equivalent level of conformity to the Union marketing standards and conditions allowing derogation from Article 74; and

(b) 

the rules concerning the application of the marketing standards to products exported from the Union.

Article 90

Special provisions for the imports of wine

▼M7

1.  
Save as otherwise provided for in international agreements concluded in accordance with the TFEU, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter, and the definitions, designations and sales descriptions referred to in Article 78 of this Regulation shall apply to products imported into the Union and falling within CN codes 2009 61 , 2009 69 , 2204 and, where applicable, ex 2202 99 19 (other, de-alcoholised wine with an alcoholic strength by volume not exceeding 0,5 %)

▼B

2.  
Save as otherwise provided for in international agreements concluded in accordance with the TFEU, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation or, prior to the authorisation pursuant to Article 80(3), produced in accordance with oenological practices recommended and published by the OIV.

▼M7

3.  

Save as otherwise provided for in international agreements concluded in accordance with the TFEU, the import of the products referred to in paragraph 1 shall be subject to the presentation of:

▼B

(a) 

a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product's country of origin;

(b) 

an analysis report drawn up by a body or department designated by the product's country of origin, if the product is intended for direct human consumption.



Subsection 5

Common provisions

Article 91

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts:

►C2  (a) 

establishing the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VII and spreadable fats referred to in point (a) of the sixth paragraph of point I of Part VII of Annex VII, ◄ on the basis of indicative lists of products which Member States regard as corresponding, in their territory, to those provisions and which Member States shall send to the Commission;

(b) 

laying down rules for the implementation of the marketing standards by sector or product;

(c) 

laying down rules for determining whether products have undergone processes contrary to the authorised oenological practices;

(d) 

laying down rules for the methods of analysis for determining the characteristics of products;

(e) 

laying down rules for fixing the tolerance level;

(f) 

laying down rules for the implementation of the measures referred to in Article 89;

(g) 

laying down rules for the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed, for the certification procedures and for the commercial documents, accompanying documents and records to be kept.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 2

Designations of origin, geographical indications and traditional terms in the wine sector



Subsection 1

Introductory provisions

Article 92

Scope

▼C2

1.  
Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.

▼M7

However, the rules laid down in this section do not apply to products referred to in Annex VII, Part II, points (1), (4), (5), (6), (8) and (9), when such products have undergone a total de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E.

▼B

2.  

The rules referred to in paragraph 1 shall be based on:

(a) 

protecting the legitimate interests of consumers and producers;

(b) 

ensuring the smooth operation of the internal market in the products concerned; and

(c) 

promoting the production of quality products referred to in this Section, whilst allowing national quality policy measures.



Subsection 2

Designations of origin and geographical indications

Article 93

Definitions

1.  

For the purposes of this Section, the following definitions shall apply:

▼M7

(a) 

‘designation of origin’ means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):

(i) 

whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

(ii) 

as originating in a specific place, region or, in exceptional cases, country;

(iii) 

produced from grapes which originate exclusively from that geographical area;

(iv) 

the production of which takes place in that geographical area; and

(v) 

which is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

(b) 

‘geographical indication’ means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):

(i) 

whose specific quality, reputation or other characteristics are attributable to its geographical origin;

(ii) 

as originating in a specific place, region or, in exceptional cases, country;

(iii) 

as having at least 85 % of the grapes used for its production come exclusively from that geographical area;

(iv) 

the production of which takes place in that geographical area; and

(v) 

which is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.

▼M7 —————

▼B

3.  
Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.

▼M7

4.  
Production as referred to in paragraph 1, points (a)(iv) and (b)(iv), includes all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of the harvesting of grapes not coming from the geographical area concerned as referred to in paragraph 1, point (b)(iii), and with the exception of any post-production processes.

▼B

5.  
For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated area shall originate from the Member State or third country in which the demarcated area is situated.

Article 94

Applications for protection

1.  

►M7  Applications for protection of names as designations of origin or geographical indications shall include: ◄

(a) 

the name to be protected;

(b) 

the name and address of the applicant;

(c) 

a product specification, as referred to in paragraph 2; and

(d) 

a single document summarising the product specification referred to in paragraph 2.

2.  
The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication.

The product specification shall at least consist of:

(a) 

the name to be protected;

(b) 

a description of the wine or wines:

(i) 

in respect of a designation of origin, the principal analytical and organoleptic characteristics;

(ii) 

in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

(c) 

where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(d) 

the demarcation of the geographical area concerned;

(e) 

the maximum yields per hectare;

(f) 

an indication of the wine grape variety or varieties that the wine or wines are obtained from;

▼M7

(g) 

the details bearing out the link referred to in Article 93(1), point (a)(i), or, as the case may be, point (b)(i):

(i) 

as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in Article 93(1), point (a)(i); the details concerning the human factors of that geographical environment may, where relevant, be limited to a description of the soil, plant material and landscape management, cultivation practices or any other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in that point;

(ii) 

as regards a protected geographical indication, the link between a specific quality, the reputation or other characteristic of the product, and the geographical origin referred to in Article 93(1), point (b)(i);

▼B

(h) 

applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law;

(i) 

the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

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The product specification may contain a description of the contribution of the designation of origin or geographical indication to sustainable development.

Where the wine or wines may be partially de-alcoholised, the product specification shall also contain a description of the partially de-alcoholised wine or wines in accordance with the second subparagraph, point (b), mutatis mutandis, and, where applicable, the specific oenological practices used to make the partially de-alcoholised wine or wines, as well as the relevant restrictions on making them.

▼B

3.  
Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

Article 95

Applicants

1.  
Any interested group of producers, or in exceptional and duly justifiable cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.
2.  
Producers may apply for protection only for wines which they produce.
3.  
In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be submitted.

Article 96

Preliminary national procedure

1.  
Applications for protection of a designation of origin or a geographical indication for wines originating in the Union shall be subject to a preliminary national procedure.
2.  
The application for protection shall be filed with the Member State in the territory of which the designation of origin or geographical indication originates.
3.  
The Member State with which the application for protection is filed shall examine it in order to verify whether it meets the conditions set out in this Subsection.

That Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with that Member State.

4.  
If the Member State assessing the application considers that the designation of origin or the geographical indication does not comply with the conditions laid down in this Subsection or is incompatible with Union law, it shall reject the application.

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5.  
If the Member State assessing the application considers that the requirements are fulfilled, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet and forward the application to the Commission.

When forwarding an application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a declaration that it considers that the application lodged by the applicant meets the conditions for protection under this Section and the provisions adopted pursuant thereto and that it certifies that the single document referred to in Article 94(1), point (d), constitutes a faithful summary of the product specification.

Member States shall inform the Commission of any admissible oppositions submitted under the national procedure.

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6.  
The Member State shall inform the Commission without delay if any proceedings are initiated before a national court or other national body concerning an application for protection that the Member State has forwarded to the Commission, in accordance with paragraph 5, and if the application has been invalidated at national level by an immediately applicable but not final judicial decision.

▼B

Article 97

Scrutiny by the Commission

1.  
The Commission shall make public the date of submission of the application for protection of the designation of origin or geographical indication.

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2.  
The Commission shall examine applications for protection that it receives in accordance with Article 96(5). The Commission shall check that the applications contain the required information and that they do not contain manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned. That scrutiny shall focus in particular on the single document referred to in Article 94(1), point (d).

Scrutiny by the Commission should not exceed a period of six months from the date of receipt of the application from the Member State. Where that period is exceeded, the Commission shall inform the applicants of the reasons for the delay, in writing.

3.  

The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in paragraph 2, second subparagraph, and to inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration lodged with the Commission in accordance with Article 96(5), which either:

(a) 

informs the Commission that the application has been invalidated at national level by an immediately applicable but not final judicial decision; or

(b) 

requests the Commission to suspend the scrutiny referred to in paragraph 2 because national judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.

The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension.

4.  
Where, on the basis of the scrutiny carried out pursuant to paragraph 2 of this Article, the Commission considers that the conditions laid down in Articles 93, 100 and 101 are met, it shall adopt implementing acts concerning the publication, in the Official Journal of the European Union, of the single document referred to in Article 94(1), point (d), and of the reference to the publication of the product specification made in the course of the preliminary national procedure. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

Where, on the basis of the scrutiny carried out pursuant to paragraph 2 of this Article, the Commission considers that the conditions laid down in Articles 93, 100 and 101 are not met, it shall adopt implementing acts rejecting the application.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 98

Objection procedure

1.  
Within three months from the date of publication of the single document referred to in Article 94(1), point (d), in the Official Journal of the European Union, the authorities of a Member State or of a third country, or any natural or legal person residing or established in a third country and having a legitimate interest, may submit a reasoned statement of objection to the Commission opposing the proposed protection.

Any natural or legal person residing or established in a Member State other than the Member State that forwarded the application for protection and having a legitimate interest, may submit the statement of objection via the authorities of the Member State in which it is resident or established within a time limit permitting a statement of objections to be submitted pursuant to the first subparagraph.

2.  
If the Commission considers that the objection is admissible, it shall invite the authority or natural or legal person that lodged the objection and the authority or natural or legal person that lodged the application for protection to engage in appropriate consultations for a reasonable period that shall not exceed three months. The invitation shall be issued within a period of five months from the date on which the application for protection to which the reasoned statement of objection relates was published in the Official Journal of the European Union. The invitation shall be accompanied by a copy of the reasoned statement of objection. At any time during these three months, the Commission may extend the deadline for the consultations by a maximum of three months at the request of the authority or natural or legal person that lodged the application.
3.  
The authority or person that lodged the objection and the authority or person that lodged the application for protection shall start the consultations referred to in paragraph 2 without undue delay. They shall provide each other with the information necessary to assess whether the application for protection complies with this Regulation and the provisions adopted pursuant thereto.
4.  
If the authority or person that lodged the objection and the authority or person that lodged the application for protection reach an agreement, either the applicant established in the third country or the authorities of the Member State or of the third country from which the application for protection was lodged shall notify the Commission of the results of the consultations and of all the factors which enabled that agreement to be reached, including the opinions of the parties. If the details published pursuant to Article 97(4) have been substantially amended, the Commission shall repeat the scrutiny referred to in Article 97(2) after a national procedure ensuring adequate publication of those amended details has been carried out. Where, following the agreement, there are no amendments to the product specification or where the amendments to the product specification are not substantial, the Commission shall adopt a decision in accordance with Article 99(1) conferring protection on the designation of origin or geographical indication, notwithstanding the receipt of an admissible statement of objection.
5.  
If no agreement is reached, either the applicant established in the third country or the authorities of the Member State or of the third country from which the application for protection was lodged shall notify the Commission of the results of the consultations carried out and of all the related information and documents. The Commission shall adopt a decision in accordance with Article 99(2) either conferring protection or rejecting the application.

Article 99

Decision on protection

1.  
Where the Commission has not received an admissible statement of objection in accordance with Article 98, it shall adopt implementing acts conferring protection. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).
2.  
Where the Commission has received an admissible statement of objection, it shall adopt implementing acts either conferring protection or rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
3.  
Protection conferred under this Article is without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market and to food labelling.

▼B

Article 100

Homonyms

1.  
A name for which an application is submitted and which is wholly or partially homonymous with a name already registered under this Regulation shall be registered with due regard to local and traditional usage and any risk of confusion.

A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of those products is concerned.

A registered homonymous name may be used only if there is a sufficient distinction in practice between the homonym registered subsequently and the name already in the register, having regard to the need to treat the producers concerned in an equitable manner and the need to avoid misleading the consumer.

2.  
Paragraph 1 shall apply mutatis mutandis if a name for which an application is submitted is wholly or partially homonymous with a geographical indication protected under the national law of Member States.
3.  
Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products.

In order to take into account existing labelling practices, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down exceptions from that rule.

4.  
The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council ( 13 ).

Article 101

Additional grounds for refusal of protection

1.  
A name that has become generic shall not be protected as a designation of origin or a geographical indication.

For the purposes of this Section, a "name that has become generic" means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Union.

To establish whether or not a name has become generic, the relevant factors shall be taken into account, in particular:

(a) 

the existing situation in the Union, notably in areas of consumption;

(b) 

the relevant Union or national law.

2.  
A name shall not be protected as a designation of origin or geographical indication where, in the light of a trade mark's reputation and renown, protection could mislead the consumer as to the true identity of the wine.

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Article 102

Relationship with trade marks

1.  
Where a designation of origin or a geographical indication is registered under this Regulation, the registration of a trade mark the use of which would contravene Article 103(2), and which relates to a product falling under one of the categories listed in Annex VII, Part II, shall be refused if the application for registration of the trade mark was submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission.

Trade marks registered in breach of the first subparagraph shall be invalidated.

2.  
Without prejudice to Article 101(2) of this Regulation, a trade mark the use of which contravenes Article 103(2) of this Regulation, which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication was submitted to the Commission, may continue to be used and renewed, notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive (EU) 2015/2436 of the European Parliament and of the Council ( 14 ) or under Regulation (EU) 2017/1001 of the European Parliament and of the Council ( 15 ).

In such cases, the use of the designation of origin or geographical indication shall be permitted as well as use of the relevant trade marks.

▼B

Article 103

Protection

1.  
A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.
2.  

A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

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(a) 

any direct or indirect commercial use of that protected name, including the use for products used as ingredients:

(i) 

by comparable products not complying with the product specification of the protected name; or

(ii) 

in so far as such use exploits, weakens or dilutes the reputation of a designation of origin or a geographical indication;

(b) 

any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’, ‘flavour’, ‘like’ or similar, including where those products are used as ingredients;

▼B

(c) 

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

(d) 

any other practice liable to mislead the consumer as to the true origin of the product.

3.  
Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).

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4.  

The protection referred to in paragraph 2 also applies with regard to:

(a) 

goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and

(b) 

goods sold by means of distance selling, such as electronic commerce.

For goods entering the customs territory of the Union without being released for free circulation within that territory, the group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation the protected designation of origin or protected geographical indication.

▼B

Article 104

Register

The Commission shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible. Designations of origin and geographical indications pertaining to products of third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the register. Unless specifically identified in that agreement as protected designations of origin within the meaning of this Regulation, such names shall be entered in the register as protected geographical indications.

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Article 105

Amendments to product specifications

1.  
An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to modify the demarcation of the geographical area referred to in Article 94(2), second subparagraph, point (d). Applications shall describe and state reasons for the amendments requested.
2.  
Amendments to a product specification shall be classified into two categories as regards their importance: Union amendments requiring an objection procedure at Union level and standard amendments to be dealt with at Member State or third country level.

For the purposes of this Regulation, ‘Union amendment’ means an amendment to a product specification that:

(a) 

includes a change in the name of the protected designation of origin or the protected geographical indication;

(b) 

consists of a change, a deletion or an addition of a category of grapevine products referred to in Annex VII, Part II;

(c) 

risks voiding the link referred to in Article 93(1), point (a)(i), for protected designations of origin, or the link referred to in Article 93(1), point (b)(i), for protected geographical indications; or

(d) 

entails further restrictions on the marketing of the product.

‘Standard amendment’ means any amendment to a product specification that is not a Union amendment.

‘Temporary amendment’ means a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.

3.  
Union amendments shall be approved by the Commission. The approval procedure shall follow the procedure laid down in Article 94 and Articles 96 to 99, mutatis mutandis.

Applications for approval of Union amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in that third country.

Applications for approval of Union amendments shall relate exclusively to Union amendments. If an application for a Union amendment also relates to standard amendments, the parts relating to standard amendments shall be deemed as not having been submitted, and the procedure for Union amendments shall apply only to the parts relating to that Union amendment.

The scrutiny of such applications shall focus on the proposed Union amendments.

4.  
Standard amendments shall be approved and made public by Member States in whose territory the geographical area of the product concerned is located and communicated to the Commission.

As regards third countries, amendments shall be approved in accordance with the law applicable in the third country concerned.

Article 106

Cancellation

The Commission may, on its own initiative or at the duly substantiated request of a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication in one or more of the following circumstances:

(a) 

where compliance with the corresponding product specification is no longer guaranteed;

(b) 

where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

(c) 

where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wishes to maintain the protection of a designation of origin or a geographical indication.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 106a

Temporary labelling and presentation

After an application for the protection of a designation of origin or geographical indication has been forwarded to the Commission, producers may indicate in the labelling and presentation of the product that an application has been filed and use national logos and indications, in compliance with Union law, in particular with Regulation (EU) No 1169/2011.

Union symbols indicating the protected designation of origin or protected geographical indication and the Union indications ‘protected designation of origin’ or ‘protected geographical indication’ may appear on the labelling only after the publication of the decision conferring protection on that designation of origin or geographical indication.

Where an application is rejected, any grapevine products labelled in accordance with the first paragraph may be marketed until the stocks are exhausted.

▼B

Article 107

Existing protected wine names

1.  
Wine names referred to in Articles 51 and 54 of Council Regulation (EC) No 1493/1999 ( 16 ) and Article 28 of Commission Regulation (EC) No 753/2002 ( 17 ) shall be automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 104 of this Regulation.
2.  
The Commission shall take the corresponding formal step of removing wine names to which Article 118s(3) of Regulation (EC) No 1234/2007 applies from the register provided for in Article 104 of this Regulation by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.
3.  
Article 106 shall not apply to existing protected wine names referred to in paragraph 1 of this Article.

Until 31 December 2014, the Commission may, on its own initiative, adopt implementing acts cancelling the protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 93.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

4.  
For Croatia, the wine names published in the Official Journal of the European Union ( 18 ) shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 104.

Article 108

Fees

Member States may charge fees to cover their costs, including those incurred in examining the applications for protection, statements of objections, applications for amendments and requests for cancellations under this Subsection.

Article 109

Delegated powers

1.  

In order to take into account the specific characteristics of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

(a) 

the additional criteria for the demarcation of the geographical area; and

(b) 

the restrictions and derogations concerning the production in the demarcated geographical area.

2.  
In order to ensure product quality and traceability, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which product specifications may include additional requirements.
3.  

In order to ensure the protection of the legitimate rights and interests of producers and operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:

(a) 

the type of applicant that may apply for the protection of a designation of origin or geographical indication;

(b) 

the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;

(c) 

the conditions applicable to trans-border applications;

(d) 

the conditions for applications concerning geographical areas in a third country;

(e) 

the date from which a protection or an amendment to a protection shall apply;

(f) 

the conditions related to amendments to product specifications.

4.  
In order to ensure an adequate level of protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on restrictions regarding the protected name.
5.  

In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009, or for which an application for protection has been made prior to that date, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down transitional rules concerning:

(a) 

wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009, and wine names for which an application for protection has been made prior to that date;

(b) 

wines placed on the market or labelled before a specific date; and

(c) 

amendments to the product specifications.

Article 110

Implementing powers in accordance with the examination procedure

1.  

The Commission may adopt implementing acts laying down necessary measures concerning:

(a) 

the information to be provided in the product specification with regard to the link between the geographical area and the final product;

(b) 

the making of decisions on protection or rejection available to the public;

(c) 

the establishment and the maintenance of the register referred to in Article 104;

(d) 

the conversion from protected designation of origin to protected geographical indication;

(e) 

the submission of trans-border applications.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2.  

The Commission may adopt implementing acts laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of an amendment of a designation of origin or a geographical indication, as well as the procedure for requests for objection, cancellation, or conversion, and the submission of information related to existing protected wine names, in particular with respect to:

(a) 

models for documents and the transmission format;

(b) 

time limits;

(c) 

the details of the facts, evidence and supporting documents to be submitted in support of an application or a request.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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▼B



Subsection 3

Traditional terms

Article 112

Definition

A "traditional term" means a term traditionally used in Member States for the products referred to in Article 92(1) to designate:

(a) 

that the product has a protected designation of origin or a protected geographical indication under Union or national law; or

(b) 

the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.

Article 113

Protection

1.  
A protected traditional term may only be used for a product which has been produced in conformity with the definition provided for in Article 112.

Traditional terms shall be protected against unlawful use.

2.  

Traditional terms shall be protected, only in the language and for the categories of grape vine products claimed in the application, against:

(a) 

any misuse of the protected term, including where it is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(b) 

any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;

(c) 

any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.

3.  
Traditional terms shall not become generic in the Union.

Article 114

Delegated powers

1.  
In order to ensure an adequate level of protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 regarding the language and the spelling of the traditional term to be protected.
2.  

In order to ensure the protection of the legitimate rights and interests of producers and operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing:

(a) 

the type of applicants that may apply for the protection of a traditional term;

(b) 

the conditions of validity of an application for protection of a traditional term;

(c) 

the grounds for objecting to a proposed recognition of a traditional term;

(d) 

the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

(e) 

the grounds for cancellation of a traditional term;

(f) 

the date of submission of an application or of a request for objection or cancellation;

(g) 

the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the Commission, the objection procedure and the procedures on cancellation and modification.

3.  
In order to take into account the specific characteristics of trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which traditional terms may be used on products from third countries and providing for derogations from Article 112 and Article 113(2).

Article 115

Implementing powers in accordance with the examination procedure

1.  

The Commission may adopt implementing acts laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure for requests for objection or cancellation, in particular with respect to:

(a) 

models for documents and the transmission format;

(b) 

time limits;

(c) 

the details of the facts, evidence and supporting documents to be submitted in support of the application or request;

(d) 

detailed rules on making protected traditional terms available to the public.

2.  
The Commission shall adopt implementing acts accepting or rejecting an application for protection of a traditional term or a request for a modification of the protected term or the cancellation of the protection of a traditional term.
3.  
The Commission shall adopt implementing acts providing for the protection of traditional terms in respect of which an application for protection has been accepted, in particular by classifying them in accordance with Article 112 and by publishing a definition and/or the conditions of use.
4.  
The implementing acts referred to in paragraphs 1, 2 and 3 of this Article shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 116

Other implementing powers

Where an objection is deemed inadmissible, the Commission shall adopt an implementing act rejecting it as inadmissible. That implementing act shall be adopted without applying the procedure referred to in Article 229(2) or (3).



Section 3

Labelling and presentation in the wine sector

Article 117

Definition

For the purposes of this Section:

(a) 

"labelling" means any words, particulars, trade marks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product;

(b) 

"presentation" means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles.

Article 118

Applicability of horizontal rules

Save as otherwise provided for in this Regulation, Council Directive 89/396/EEC ( 19 ), Directive 2000/13/EC, Directive 2007/45/EC of the European Parliament and of the Council ( 20 ), Directive 2008/95/EC and Regulation (EU) No 1169/2011 shall apply to the labelling and presentation.

The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Directive 2000/13/EC or Regulation (EU) No 1169/2011.

Article 119

Compulsory particulars

1.  

Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:

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(a) 

the designation for the category of the grapevine product in accordance with Annex VII, Part II. For grapevine products categories defined under Annex VII, Part II, points (1) and points (4) to (9), where such products have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, the designation of the category shall be accompanied by:

(i) 

the term ‘de-alcoholised’ if the actual alcoholic strength of the product is no more than 0,5 % by volume; or

(ii) 

the term ‘partially de-alcoholised’ if the actual alcoholic strength of the product is above 0,5 % by volume and is below the minimum actual alcoholic strength of the category before de-alcoholisation.

▼B

(b) 

for wines with a protected designation of origin or a protected geographical indication:

(i) 

the term "protected designation of origin" or "protected geographical indication"; and

(ii) 

the name of the protected designation of origin or the protected geographical indication;

(c) 

the actual alcoholic strength by volume;

(d) 

an indication of provenance;

(e) 

an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

(f) 

an indication of the importer in the case of imported wines; and

(g) 

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

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2.  
By way of derogation from paragraph 1, point (a), for grapevine products other than those which have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or protected geographical indication.

▼B

3.  

By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:

(a) 

where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

(b) 

in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

Article 120

Optional particulars

1.  

Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may, in particular, contain the following optional particulars:

(a) 

the vintage year;

(b) 

the name of one or more wine grape varieties;

(c) 

in the case of wines other than those referred to in point (g) of Article 119(1), terms indicating the sugar content;

(d) 

for wines with a protected designation of origin or a protected geographical indication, traditional terms in accordance with point (b) of Article 112;

(e) 

the Union symbol indicating the protected designation of origin or the protected geographical indication;

(f) 

terms referring to certain production methods;

(g) 

for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication.

2.  

Without prejudice to Article 100(3), as regards the use of particulars referred to in points (a) and (b) of paragraph 1 of this Article for wines without a protected designation of origin or a protected geographical indication:

(a) 

Member States shall introduce laws, regulations or administrative provisions to ensure certification, approval and verification procedures so as to guarantee the veracity of the information concerned;

(b) 

Member States may, on the basis of non-discriminatory and objective criteria and with due regard to fair competition, for wine produced from wine grape varieties on their territory, draw up lists of excluded wine grape varieties, in particular if:

(i) 

there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication;

(ii) 

checks would not be cost-effective due to the fact that the given wine grape variety represents a very small part of the Member State vineyard;

(c) 

mixtures of wines from different Member States shall not give rise to labelling of the wine grape variety unless the Member States concerned agree otherwise and ensure the feasibility of the relevant certification, approval and verification procedures.

Article 121

Languages

1.  
The compulsory and optional particulars referred to in Articles 119 and 120 shall, where expressed in words, appear in one or more official language of the Union.
2.  
Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in point (b) of Article 112 shall appear on the label in the language or languages for which the protection applies. In the case of a protected designation of origin or a protected geographical indication or a national specific designation using a non-Latin alphabet, the name may also appear in one or more official languages of the Union.

Article 122

Delegated powers

1.  

In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on:

(a) 

the presentation and use of labelling particulars other than those provided for in this Section;

(b) 

compulsory particulars concerning:

(i) 

terms to be used to formulate the compulsory particulars and their conditions of use;

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(iii) 

provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

(iv) 

provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and

(v) 

provisions on the use of languages;

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(vi) 

rules for the indication and designation of ingredients for the application of Article 119(1), point (i).

▼B

(c) 

optional particulars concerning:

(i) 

terms to be used to formulate the optional particulars and their conditions of use;

(ii) 

provisions allowing the producing Member States to establish additional rules relating to optional particulars;

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(iii) 

terms referring to a holding and the conditions for their use.

▼B

(d) 

the presentation concerning:

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(i) 

the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;

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(ii) 

the conditions of use of "sparkling wine"-type bottles and closures;

(iii) 

provisions allowing the producing Member States to establish additional rules relating to presentation;

(iv) 

provisions on the use of languages.

2.  
In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.
3.  
In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.
4.  
In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

Article 123

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down necessary measures concerning the procedures and technical criteria applicable to this Section, including the necessary measures for the certification, approval and verification procedures applicable to wines without a protected designation of origin or a protected geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



CHAPTER II

Specific provisions for individual sectors



Section 1

Sugar



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Article 125

Sugar sector agreements

1.  
The terms for buying sugar beet and sugar cane, including pre-sowing delivery contracts, shall be governed by written agreements within the trade concluded between, on the one hand, Union growers of sugar beet and sugar cane or, on their behalf, the organisations of which they are members, and, on the other hand, Union sugar undertakings or, on their behalf, the organisations of which they are members.
2.  
Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall be notified by sugar undertakings to the competent authorities of the Member State in which they produce sugar.

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3.  
Agreements within the trade shall conform to the purchase terms laid down in Annex X.

▼B

4.  

In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to:

(a) 

update the terms referred to in Section A of Part II of Annex II;

(b) 

update the purchase terms for beet referred to in Annex X;

(c) 

lay down further rules on the determination of gross weight, tare and sugar content of sugar beet delivered to an undertaking, and on beet pulp.

5.  
The Commission may adopt implementing acts laying down the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of agreements within the trade covering more than one Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 126

Price reporting in the sugar market

The Commission may adopt implementing acts establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

The system referred to in the first subparagraph shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential.

The Commission shall ensure that specific prices or names of individual economic operators are not published.

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Section 2

Wine

Article 145

Vineyard register and inventory of production potential

1.  
Member States shall maintain a vineyard register which shall contain updated information on the production potential. From 1 January 2016, this obligation shall only apply if Member States implement the scheme of authorisations for vine plantings referred to in Chapter III of Title I, or a national support programme.
2.  
Until 31 December 2015, Member States in which the total area planted with vines of wine grape varieties classified in accordance with Article 81(2) is less than 500 hectares shall not be subject to the obligation laid down in paragraph 1 of this Article.
3.  
Member States which provide for restructuring and conversion of vineyards in their support programmes in accordance with Article 46 shall, on the basis of the vineyard register, submit to the Commission by 1 March each year an updated inventory of their production potential. From 1 January 2016, details in respect of communications to the Commission regarding wine-growing areas shall be laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
4.  
In order to facilitate the monitoring and the verification of the production potential by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on the content of the vineyard register and exemptions therefrom.

Article 146

Competent national authorities for the wine sector

1.  
Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall satisfy the general criteria for the operation of testing laboratories set out in ISO/IEC 17025.
2.  
Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and shall update it periodically.

Article 147

Accompanying documents and register

1.  
The products of the wine sector shall be put into circulation in the Union with an officially authorised accompanying document.
2.  
Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers, processors and merchants, shall keep inward and outward registers in respect of those products.
3.  

In order to facilitate the transport of wine products and the verification thereof by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:

(a) 

rules on the accompanying document and its use;

(b) 

the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;

(c) 

an obligation to keep a register and its use;

(d) 

who is obliged to keep a register and exemptions from that obligation;

(e) 

the operations to be included in the register.

4.  

The Commission may adopt implementing acts establishing:

(a) 

rules on the composition of the registers, the products to be contained therein, deadlines for entries in registers and the closures of registers;

(b) 

measures requiring Member States to determine the maximum acceptable percentages for losses;

(c) 

general and transitional provisions for the keeping of registers;

(d) 

rules determining how long accompanying documents and the registers are to be kept.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 147a

Payment delays for sales of wine in bulk

By way of derogation from Article 3(1) of Directive (EU) 2019/633, Member States may, upon request of an interbranch organisation recognised under Article 157 of this Regulation operating in the wine sector, provide that the prohibition referred to in Article 3(1), first subparagraph, point (a), of Directive (EU) 2019/633 does not apply to payments made under supply agreements between producers or resellers of wine and their direct buyers for sales transactions concerning wine in bulk, provided that:

(a) 

specific terms that allow payments to be made after 60 days are included in standard contracts for sales transactions concerning wine in bulk which have been made binding by the Member State pursuant to Article 164 of this Regulation before 30 October 2021 and this extension of the standard contracts is renewed by the Member State as from that date without any significant changes to the terms of payment that would be to the disadvantage of suppliers of wine in bulk; and

(b) 

the supply agreements between suppliers of wine in bulk and their direct buyers are multiannual or become multiannual.

▼B



Section 3

Milk and milk products

Article 148

Contractual relations in the milk and milk products sector

1.  
Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

For the purposes of this Article, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

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1a.  
Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

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2.  

The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:

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(a) 

be made in advance of the delivery,

(b) 

be made in writing, and

(c) 

include, in particular, the following elements:

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(i) 

the price payable for the delivery, which shall:

— 
be static and be set out in the contract and/or
— 
be calculated by combining various factors set out in the contract, which may include objective indicators, indices and methods of calculation of the final price that are easily accessible and comprehensible and that reflect changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered; those indicators may be based on relevant prices, production and market costs; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain; the parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant,

▼B

(ii) 

the volume of raw milk which may and/or must be delivered and the timing of such deliveries,

(iii) 

the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

(iv) 

details regarding payment periods and procedures,

(v) 

arrangements for collecting or delivering raw milk, and

(vi) 

rules applicable in the event of force majeure.

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3.  
By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

▼B

4.  
All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

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Notwithstanding the first subparagraph, one or more of the following shall apply:

(a) 

where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:

(i) 

an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

(ii) 

a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

▼B

(b) 

where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

5.  
The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.
6.  
The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 149

Contractual negotiations in the milk and milk products sector

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1.  
A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).

▼B

2.  

The negotiations by the producer organisation may take place:

(a) 

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

(b) 

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

(c) 

provided that, for a particular producer organisation, all of the following conditions are fulfilled:

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(i) 

the volume of raw milk covered by such negotiations does not exceed 4 % of total Union production,

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(ii) 

the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

(iii) 

the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

(d) 

provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

(e) 

provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

(f) 

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

3.  
Notwithstanding the conditions set out in of point (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1 provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.
4.  
For the purposes of this Article, references to producer organisations include associations of such producer organisations.
5.  
For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.
6.  
By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7.  

For the purposes of this Article:

(a) 

a "national competition authority" means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 ( 21 );

(b) 

a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

8.  
The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

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Article 151

Compulsory declarations in the milk and milk products sector

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The first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month and the average price paid. A distinction shall be made between organic and non-organic milk.

▼B

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

(a) 

subject it to collecting, packing, storing, chilling or processing, including under a contract;

(b) 

sell it to one or more undertakings treating or processing milk or other milk products.

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Member States shall notify the Commission of the quantities of raw milk and the average prices referred to in the first paragraph.

▼B

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



CHAPTER III

Producer organisations and associations and interbranch organisations



Section 1

Definition and recognition

Article 152

Producer organisations

1.  

Member States may, on request, recognise producer organisations, which:

(a) 

are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

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(b) 

are formed on the initiative of the producers and which carry out at least one of the following activities:

(i) 

joint processing;

(ii) 

joint distribution, including by joint selling platforms or joint transportation;

(iii) 

joint packaging, labelling or promotion;

(iv) 

joint organising of quality control;

(v) 

joint use of equipment or storage facilities;

(vi) 

joint management of waste directly related to the production;

(vii) 

joint procurement of inputs;

(viii) 

any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

▼B

(c) 

pursue a specific aim which may include at least one of the following objectives:

(i) 

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii) 

concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(iii) 

optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iv) 

carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(v) 

promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(vi) 

promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

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(vii) 

the management and valorisation of by-products, of residual flows and of waste, in particular to protect the quality of water, soil and landscape, preserving or encouraging biodiversity, and boosting circularity;

▼B

(viii) 

contributing to a sustainable use of natural resources and to climate change mitigation;

(ix) 

developing initiatives in the area of promotion and marketing;

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(x) 

managing mutual funds;

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(xi) 

providing the necessary technical assistance for the use of the futures markets and of insurance schemes.

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1a.  
By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production.

The activities referred to in the first subparagraph may take place:

(a) 

provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU;

(b) 

provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation;

(c) 

whether or not the price negotiated is the same as regards the aggregate production of some or all of the members;

(d) 

provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph;

(e) 

provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes.

However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas.

1b.  
For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article.
1c.  
The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3).

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

▼B

2.  
A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex  22 08 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from Union support. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2).

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Article 153

Statutes of producer organisations

1.  

The statutes of a producer organisation shall require its producer members, in particular, to:

(a) 

apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(b) 

be members of only one producer organisation for any given product of the holding; however Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas;

(c) 

provide the information requested by the producer organisation for statistical purposes.

2.  

The statutes of a producer organisation shall also provide for:

(a) 

procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1;

(b) 

the imposition on members of financial contributions needed to finance the producer organisation;

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(c) 

rules enabling the producer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets;

▼B

(d) 

penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation;

(e) 

rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year;

(f) 

the accounting and budgetary rules necessary for the operation of the organisation.

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2a.  
The statutes of a producer organisation may provide for the possibility of producer members being in direct contact with purchasers, provided that such direct contact does not jeopardise the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply shall be deemed to have been ensured if the essential elements of the sales such as price, quality and volume are negotiated and determined by the producer organisation.

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3.  
Paragraphs 1, 2 and 2a shall not apply to producer organisations in the milk and milk products sector.

▼B

Article 154

Recognition of producer organisations

1.  

In order to be recognised by a Member State, the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:

(a) 

fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);

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(b) 

has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; such provisions shall not prevent the recognition of producer organisations which are dedicated to small-scale production;

▼B

(c) 

provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;

(d) 

has statutes that are consistent with points (a), (b) and (c) of this paragraph.

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1a.  
Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.

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2.  
Member States may decide that producer organisations which have been recognised before 1 January 2018 and which fulfil the conditions laid down in paragraph 1 of this Article shall be deemed to be recognised as producer organisations pursuant to Article 152.
3.  
Where producer organisations have been recognised before 1 January 2018 but do not fulfil the conditions set out in paragraph 1 of this Article, Member States shall withdraw their recognition no later than 31 December 2020.

▼B

4.  

Member States shall:

(a) 

decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

(b) 

carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;

(c) 

in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

(d) 

inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

Article 155

Outsourcing

Member States may permit a recognised producer organisation or a recognised association of producer organisations in the sectors specified by the Commission in accordance with point (f) of Article 173(1) to outsource any of its activities other than production, including to subsidiaries, provided that the producer organisation or association of producer organisations remains responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity.

Article 156

Associations of producer organisations

1.  
Member States may, on request, recognise associations of producer organisations in a specific sector listed in Article 1(2) which are formed at the initiative of recognised producer organisations.

Subject to the rules adopted pursuant to Article 173, associations of producer organisations may carry out any of the activities or functions of producer organisations.

2.  
By way of derogation from paragraph 1, Member States may, on request, recognise an association of recognised producer organisations in the milk and milk products sector if the Member State concerned considers that the association is capable of carrying out effectively any of the activities of a recognised producer organisation, and that it fulfils the conditions laid down in Article 161(1).

Article 157

Interbranch organisations

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1.  

Member States may, on request, recognise interbranch organisations at national and regional levels and at the level of the economic areas referred to in Article 164(2) in a specific sector listed in Article 1(2) which:

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(a) 

are constituted of representatives of economic activities linked to the production and to at least one of the following stages of the supply chain: the processing of or trade in, including distribution of, products in one or more sectors;

(b) 

are formed on the initiative of all or some of the organisations or associations which constitute them;

(c) 

pursue a specific aim taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives:

(i) 

improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level;

(ii) 

forecasting of production potential, and recording public market prices;

(iii) 

helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies;

(iv) 

exploring potential export markets;

(v) 

without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions;

(vi) 

exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation;

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(vii) 

providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or protected geographical indication, and protection of the environment, climate action, animal health and animal welfare;

▼B

(viii) 

seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare;

(ix) 

developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing;

(x) 

taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications;

(xi) 

promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods;

(xii) 

encouraging healthy and responsible consumption of the products on the internal market and/or informing about the harm linked to hazardous consumption patterns;

(xiii) 

promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets;

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(xiv) 

contributing to the management and developing initiatives for the valorisation of by-products and the reduction and management of waste;

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(xv) 

establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them;

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(xvi) 

promoting and implementing measures to prevent, control and manage animal health, plant-protection and environmental risks, including by setting up and managing mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for costs and economic losses arising from the promotion and implementation of such measures;

1a.  
Member States may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 for each sector for which it seeks recognition.

▼B

2.  
In duly justified cases, Member States may decide on the basis of objective and non-discriminatory criteria that the condition in point (c) of Article 158(1) is fulfilled by limiting the number of interbranch organisations on a regional or national level if so provided for by national rules in place before 1 January 2014, and where this does not impair the proper functioning of the internal market.

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▼B

Article 158

Recognition of interbranch organisations

1.  

Member States may recognise interbranch organisations applying for such recognition, provided that they:

(a) 

fulfil the requirements laid down in Article 157;

(b) 

carry out their activities in one or more regions in the territory concerned;

(c) 

account for a significant share of the economic activities referred to in point (a) of Article 157(1);

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(ca) 

strive for a balanced representation of the organisations in the stages of the supply chain referred to in Article 157(1), point (a), that constitute the interbranch organisation;

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(d) 

with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade.

2.  
Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as interbranch organisations pursuant to Article 157.
3.  
Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015.

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4.  
Member States may recognise interbranch organisations in all sectors existing prior to 1 January 2014, whether they were recognised on request or established by law, even though they do not fulfil the condition laid down in Article 157(1), point (b).

▼B

5.  

Where Member States recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

(a) 

decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; this application shall be lodged with the Member State where the organisation has its headquarters;

(b) 

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) 

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

(d) 

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met;

(e) 

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.



Section 2

Additional rules for specific sectors

Article 159

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Mandatory recognition

▼B

By way of derogation from Articles 152 to 158, Member States shall, on request, recognise:

(a) 

producer organisations in:

(i) 

the fruit and vegetables sector in respect of one or more products of that sector and/or such products solely intended for processing,

(ii) 

the olive oil and table olives sector,

(iii) 

the silkworm sector,

(iv) 

the hops sector;

(b) 

interbranch organisations in the olive oil and table olives sector and the tobacco sector.

Article 160

Producer organisations in the fruit and vegetables sector

In the fruit and vegetables sector producer organisations shall pursue at least one of the objectives set out in points (c)(i), (ii) and (iii) of Article 152(1).

The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to market their entire production concerned through the producer organisation.

Producer organisations and associations of producer organisations in the fruit and vegetables sector shall be deemed to be acting in the name and on behalf of their members in economic matters within their terms of reference.

Article 161

Recognition of producer organisations in the milk and milk products sector

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1.  

Member States shall, on request, recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of such entities, provided that:

(a) 

they are constituted by producers in the milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives:

(i) 

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii) 

concentration of supply and the placing on the market of the products produced by their members;

(iii) 

optimising production costs and stabilising producer prices;

▼B

(b) 

they have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate;

(c) 

there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;

(d) 

they have statutes that are consistent with points (a), (b) and (c) of this paragraph.

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2.  
Member States may decide that producer organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 are to be considered as recognised producer organisations.

▼B

3.  

Member States shall:

(a) 

decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

(b) 

carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter;

(c) 

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn;

(d) 

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition which they have taken during the previous calendar year.

Article 162

Interbranch organisations in the olive oil and table olives and tobacco sectors

For interbranch organisations in the olive oil and table olives and tobacco sectors, the specific aim referred to in point (c) of Article 157(1) may also include at least one of the following objectives:

(a) 

concentrating and co-ordinating supply and marketing of the produce of the members;

(b) 

adapting production and processing jointly to the requirements of the market and improving the product;

(c) 

promoting the rationalisation and improvement of production and processing.

Article 163

Recognition of interbranch organisations in the milk and milk products sector

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1.  

Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations:

(a) 

fulfil the requirements laid down in Article 157;

(b) 

carry out their activities in one or more regions in the territory concerned;

(c) 

account for a significant share of the economic activities referred to in Article 157(1), point (a);

(d) 

do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.

2.  
Member States may decide that interbranch organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are to be considered to be recognised as interbranch organisations under Article 157(1).

▼B

3.  

Where Member States make use of the option to recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:

(a) 

decide whether to grant recognition to the interbranch organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;

(b) 

carry out, at intervals to be determined by them, checks to verify that recognised interbranch organisations are complying with the conditions governing their recognition;

(c) 

in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;

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(d) 

withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer fulfilled;

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(e) 

inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.



Section 3

Extension of rules and compulsory contributions

Article 164

Extension of rules

1.  
In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of a Member State is considered to be representative of the production of or trade in, or processing of, a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups, who do not belong to the organisation or association.

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2.  
For the purposes of this Section, an ‘economic area’ means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous, or, for products with a protected designation of origin or protected geographical indication recognised under Union law, the geographical zone specified in the product specification.

▼B

3.  

An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State, it accounts for:

(a) 

as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned:

(i) 

for producer organisations in the fruit and vegetables sector, at least 60 %, or

(ii) 

in other cases, at least two thirds; and

(b) 

in the case of producer organisations, more than 50 % of the producers concerned.

However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph.

Where the request for an extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned.

4.  

The rules for which extension to other operators may be requested as provided for in paragraph 1 shall have one of the following aims:

(a) 

production and market reporting;

(b) 

stricter production rules than those laid down in Union or national rules;

(c) 

the drawing up of standard contracts which are compatible with Union rules;

(d) 

marketing;

(e) 

protecting the environment;

(f) 

measures to promote and exploit the potential of products;

(g) 

measures to protect organic farming as well as designations of origin, quality labels and geographical indications;

(h) 

research to add value to the products, in particular through new uses which do not pose a threat to public health;

(i) 

studies to improve the quality of products;

(j) 

research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment;

(k) 

the definition of minimum qualities and definition of minimum standards of packing and presentation;

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(l) 

the use of certified seed except when used for organic production within the meaning of Regulation (EU) 2018/848, and the monitoring of product quality;

(m) 

the prevention and management of phytosanitary, animal health, food safety or environmental risks;

(n) 

the management and valorisation of by-products.

Those rules shall not cause any damage to other operators, nor prevent the entry of new operators, in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force.

▼B

5.  
The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned.
6.  
Member States shall notify the Commission of any decisions taken under this Article.

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Article 165

Financial contributions of non-members

Where rules of a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation are extended under Article 164 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to the products concerned, the Member State which has granted recognition may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing one or more of the activities in question. Any organisation which receives contributions from non-members under this Article, if requested by a member or a non-member that contributes financially to the activities of the organisation, shall make available those parts of its yearly budget which relate to the pursuit of activities listed in Article 164(4).

▼B



Section 4

Adjustment of supply

Article 166

Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by the organisations referred to in Articles 152 to 163 to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning measures in the sectors listed in Article 1(2):

(a) 

improving quality;

(b) 

promoting better organisation of production, processing and marketing;

(c) 

facilitating the recording of market price trends;

(d) 

permitting the establishment of short and long-term forecasts on the basis of the means of production used.

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Article 166a

Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication

1.  
Without prejudice to Articles 167 and 167a of this Regulation, at the request of a producer organisation or association of producer organisations recognised under Article 152(1) or 161(1) of this Regulation, an interbranch organisation recognised under Article 157(1) of this Regulation, a group of operators as referred to in Article 3(2) of Regulation (EU) No 1151/2012 or a group of producers as referred to in Article 95(1) of this Regulation, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of agricultural products referred to in Article 1(2) of this Regulation benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012 or under Article 93(1), points (a) and (b), of this Regulation.
2.  

The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement that is to be concluded between at least two-thirds of the producers of the product as referred to in paragraph 1 of this Article or their representatives, accounting for at least two-thirds of the production of that product in the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012 or Article 93(1), points (a)(iii) and (b)(iv), of this Regulation for wine. Where the production of the product referred to in paragraph 1 of this Article involves processing and the product specification referred to in Article 7(1) of Regulation (EU) No 1151/2012 or in Article 94(2) of this Regulation restricts the sourcing of the raw material to a specific geographical area, Member States shall require, for the purposes of the rules to be laid down according to paragraph 1 of this Article:

(a) 

that the producers of that raw material in the specific geographical area be consulted prior to the conclusion of the agreement referred to in this paragraph; or

(b) 

that at least two-thirds of the producers of the raw material or their representatives, representing at least two-thirds of the production of the raw material used in the processing in the specific geographical area, are also parties to the agreement referred to in this paragraph.

3.  
By way of derogation from paragraph 2 of this Article, for the production of cheese benefitting from a protected designation of origin or protected geographic indication, the rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between at least two-thirds of the milk producers or their representatives representing at least two-thirds of the raw milk used for the production of that cheese and, where relevant, at least two-thirds of the producers of that cheese or their representatives representing at least two-thirds of the production of that cheese in the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012.

For the purpose of the first subparagraph of this paragraph, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012 relating to that cheese.

4.  

The rules referred to in paragraph 1:

(a) 

shall only cover the regulation of supply of the product concerned and, where applicable, the raw material and shall have the aim of adapting the supply of that product to demand;

(b) 

shall have effect only on the product and, where applicable, the raw material, concerned;

(c) 

may be made binding for no more than three years, but may be renewed after that period following a new request, as referred to in paragraph 1;

(d) 

shall not damage trade in products other than those concerned by those rules;

(e) 

shall not relate to any transaction after the first marketing of the product concerned;

(f) 

shall not allow for price fixing, including where prices are set for guidance or recommendation;

(g) 

shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

(h) 

shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

(i) 

shall contribute to maintaining the quality of the product concerned or to the development of the product concerned.

(j) 

shall be without prejudice to Article 149 and Article 152(1a).

5.  
The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.
6.  
Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall repeal the rules referred to in paragraph 1.
7.  
Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.
8.  
The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 of this Article if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4 of this Article, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedures referred to in Article 229(2) and (3) of this Regulation.

▼B

Article 167

Marketing rules to improve and stabilise the operation of the common market in wines

1.  
In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by interbranch organisations recognised under Articles 157 and 158.

Such rules shall be proportionate to the objective pursued and shall not:

(a) 

relate to any transaction after the first marketing of the produce concerned;

(b) 

allow for price fixing, including where prices are set for guidance or recommendation;

(c) 

render unavailable an excessive proportion of the vintage that would otherwise be available;

(d) 

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

2.  
The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.
3.  
Member States shall notify the Commission of any decisions taken under this Article.

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Article 167a

Marketing rules to improve and stabilise the operation of the common market in olive oils

1.  

In order to improve and stabilise the operation of the common market in olive oils, including the olives from which they derive, producer Member States may lay down marketing rules to regulate supply.

Such rules shall be proportionate to the objective pursued and shall not:

(a) 

relate to any transaction after the first marketing of the produce concerned;

(b) 

allow for price fixing, including where prices are set for guidance or recommendation;

(c) 

render unavailable an excessive proportion of the production of the marketing year that would otherwise be available.

2.  
The rules provided for in paragraph 1 shall be brought to the attention of operators by being published in full in an official publication of the Member State concerned.
3.  
Member States shall notify the Commission of any decisions taken under this Article.

▼B



Section 5

Contract systems

Article 168

Contractual relations

1.  

Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if a Member State decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar:

(a) 

that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or

(b) 

that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer,

such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article.

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1a.  
Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

▼B

2.  
Where the Member State decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries.

Member States shall ensure that the provisions that they adopt under this Article do not impair the proper functioning of the internal market.

3.  
In the case described in paragraph 2, the Member State may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations.

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4.  

Any contract or offer for a contract referred to in paragraphs 1 and 1a shall:

▼B

(a) 

be made in advance of the delivery;

(b) 

be made in writing; and

(c) 

include, in particular, the following elements:

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(i) 

the price payable for the delivery, which shall:

— 
be static and be set out in the contract and/or
— 
be calculated by combining various factors set out in the contract, which may include objective indicators, indices and methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered; those indicators may be based on relevant prices, production and market costs; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain; the parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant.

▼B

(ii) 

the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries,

(iii) 

the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses,

(iv) 

details regarding payment periods and procedures,

(v) 

arrangements for collecting or delivering the agricultural products, and

(vi) 

rules applicable in the event of force majeure.

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5.  
By way of derogation from paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4.

▼B

6.  
All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties.

Notwithstanding the first subparagraph, one or both of the following shall apply:

(a) 

where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market;

(b) 

where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4.

7.  
Member States which make use of the options referred to in this Article shall ensure that the provisions set in place do not impair the proper functioning of the internal market.

Member States shall notify the Commission of how they apply any measures introduced under this Article.

8.  
The Commission may adopt implementing acts laying down the measures necessary for the uniform application of points (a) and (b) of paragraph 4 and paragraph 5 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Section 5a

Value-sharing clauses

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Article 172a

Value sharing

Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers, may agree with downstream operators on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them.

Article 172b

Guidance by interbranch organisations for the sale of grapes for wines with a protected designation of origin or protected geographical indication

By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.

▼B



Section 6

Procedural rules

Article 173

Delegated powers

1.  

In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and associations without resulting in undue administrative burden and without undermining the principle of freedom of association in particular toward non-members of such organisations, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the following matters regarding producer organisations, associations of producer organisations, and interbranch organisations for one or more of the sectors referred to in Article 1(2), or specific products of those sectors:

(a) 

the specific aims which may, must or must not be pursued by such organisations and associations and, where applicable, added to those laid down in Articles 152 to 163;

(b) 

the rules of such organisations and associations, the statutes of organisations other than producer organisations, the specific conditions applicable to the statutes of producer organisations in certain sectors, including derogations from the obligation to market the entire production through the producer organisation referred to in the second paragraph of Article 160, the structure, membership period, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers;

(c) 

the conditions for recognition, withdrawal and suspension of recognition, the effects deriving from recognition, withdrawal and suspension of recognition as well as requirements for such organisations and associations to take remedial measures in the event of non-respect of the recognition criteria;

(d) 

transnational organisations and associations including the rules referred to in points (a), (b) and (c) of this paragraph;

(e) 

rules relating to the establishment and the conditions of administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

►C2  (f) 

the sectors to which Article 155 applies, ◄ the conditions for the outsourcing of activities, the nature of activities that may be outsourced and the provision of technical means by organisations or associations;

(g) 

the basis for the calculation of minimum volume or value of marketable production of organisations and associations;

(h) 

the acceptance of members who are not producers in the case of producer organisations and who are not producer organisations in the case of associations of producer organisations;

(i) 

the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165 including the use and allocation of that payment by those organisations and a list of the stricter production rules which may be extended under point (b) of the first subparagraph of Article 164(4), while ensuring that such organisations are transparent and accountable toward non-members and that members of such organisations do not enjoy a more favourable treatment than non-members, in particular as to the use of the compulsory payment of subscriptions;

(j) 

further requirements as regards representativeness of the organisations referred to in Article 164, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules shall apply before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.

2.  

By way of derogation from paragraph 1, in order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations and interbranch organisations in the milk and milk products sector are clearly defined, so as to contribute to the effectiveness of the actions of such organisations without imposing an undue burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

(a) 

the conditions for recognising transnational producer organisations and transnational associations of producer organisations;

(b) 

rules relating to the establishment and the conditions of administrative assistance to be given to producer organisations, including associations of producer organisations by the relevant competent authorities in the case of transnational cooperation;

(c) 

additional rules regarding the calculation of the volume of raw milk covered by the negotiations referred to in point (c) of Article 149(2) and Article 149(3);

(d) 

rules concerning the extension of certain rules of the organisations provided for in Article 164 to non-members and the compulsory payment of subscriptions by non-members referred to in Article 165.

Article 174

Implementing powers in accordance with the examination procedure

1.  

The Commission may adopt implementing acts laying down the measures necessary for the application of this Chapter, in particular:

(a) 

measures for the implementation of the conditions for recognition of producer organisations and interbranch organisations set out in Articles 154 and 158;

(b) 

procedures in the event of a merger of producer organisations;

(c) 

procedures to be determined by Member States in relation to the minimum size and minimum membership period;

(d) 

procedures relating to the extension of rules and financial contributions as referred to in Articles 164 and 165, in particular the implementation of the concept of "economic area" referred to in Article 164(2);

(e) 

procedures relating to administrative assistance;

(f) 

procedures relating to the outsourcing of activities;

(g) 

procedures and technical conditions as regards the implementation of the measures referred to in Article 166.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2.  

By way of derogation from paragraph 1, as regards the milk and the milk product sector, the Commission may adopt implementing acts laying down detailed rules necessary for:

(a) 

the implementation of the conditions for recognition of producer organisations and their associations and interbranch organisations set out in Articles 161 and 163;

(b) 

the notification referred to in point (f) of Article 149(2);

(c) 

the notifications to be made by the Member States to the Commission in accordance with point (d) of Article 161(3), point (e) of Article 163(3), Article 149(8) and Article 150(7);

(d) 

the procedures relating to administrative assistance in the case of transnational cooperation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 175

Other implementing powers

The Commission may, by means of implementing acts, adopt individual decisions regarding:

▼C2

(a) 

the recognition of organisations carrying out activities in more than one Member State, pursuant to the rules adopted under point (d) of Article 173(1);

▼B

(b) 

the objection to, or the withdrawal of, recognition of an interbranch organisation by a Member State;

▼C2

(c) 

the list of economic areas notified by Member States pursuant to the rules adopted under point (i) of Article 173(1) and point (d) of Article 173(2);

▼B

(d) 

the requirement that a Member State refuse or repeal an extension of rules or financial contributions by non-members decided on by that Member State.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).



PART III

TRADE WITH THIRD COUNTRIES



CHAPTER I

Import and export licences

Article 176

General rules

1.  

Without prejudice to cases where import or export licences are required in accordance with this Regulation, the import for release into free circulation into, or the export of one or more products of the following sectors from, the Union may be made subject to the presentation of a licence:

(a) 

cereals;

(b) 

rice;

(c) 

sugar;

(d) 

seeds;

(e) 

olive oil and table olives, with regard to products falling within CN codes 1509 , 1510 00 , 0709 92 90 , 0711 20 90 , 2306 90 19 , 1522 00 31 and 1522 00 39 ;

(f) 

flax and hemp, as far as hemp is concerned;

(g) 

fruit and vegetables;

(h) 

processed fruit and vegetables;

(i) 

bananas;

(j) 

wine;

(k) 

live plants;

(l) 

beef and veal;

(m) 

milk and milk products;

(n) 

pigmeat;

(o) 

sheepmeat and goatmeat;

(p) 

eggs;

(q) 

poultrymeat;

(r) 

ethyl alcohol of agricultural origin.

2.  
Licences shall be issued by Member States to any applicant, irrespective of their place of establishment in the Union, unless an act adopted in accordance with Article 43(2) TFEU provides otherwise, and without prejudice to the application of Articles 177, 178 and 179 of this Regulation.
3.  
Licences shall be valid throughout the Union.

Article 177

Delegated powers

1.  

In order to take into account the international obligations of the Union and the applicable Union social, environmental and animal welfare standards, the need to monitor the evolution of trade and market developments, of imports and exports of products, the need for sound market management and the need to reduce the administrative burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 determining:

(a) 

the list of the products of the sectors referred to in Article 176(1) subject to the presentation of an import or export licence;

(b) 

the cases and situations where the presentation of an import or export licence is not required, taking account of the customs status of the products concerned, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

2.  

In order to provide further elements of the licence system, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down rules on:

(a) 

the rights and obligations deriving from the licence, its legal effects, and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or where the origin is to be indicated in the licence;

(b) 

the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

(c) 

the transfer of the licence or restrictions on its transferability;

(d) 

additional conditions for import licences for hemp in accordance with Article 189 and the principle of administrative assistance between Member States to prevent or deal with cases of fraud and irregularities;

(e) 

the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

Article 178

Implementing powers in accordance with the examination procedure

The Commission shall adopt implementing acts laying down the measures necessary for the application of this Chapter, including rules on:

(a) 

the format and content of the licence;

(b) 

the submission of applications and the issuing of licences and their use;

(c) 

the period of validity of the licence,

(d) 

the procedures for, and the amount of, a security to be lodged;

(e) 

the proof that the requirements for the use of licences have been fulfilled;

(f) 

the level of the tolerance as regards the respect of the obligation to import or export the quantity mentioned in the licence;

(g) 

the issue of replacement licences and duplicate licences;

(h) 

the treatment of licences by Member States and the exchange of information needed for the management of the system, including the procedures relating to the specific administrative assistance between Member States.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 179

Other implementing powers

The Commission may adopt implementing acts:

(a) 

limiting the quantities for which licences may be issued;

(b) 

rejecting the quantities applied for;

(c) 

suspending the submission of applications in order to manage the market where large quantities are applied for.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).



CHAPTER II

Import duties

Article 180

Implementation of international agreements and certain other acts

The Commission shall adopt implementing acts laying down measures to comply with requirements laid down in international agreements which have been concluded in accordance with the TFEU or in any other relevant act adopted in accordance with Article 43(2) or Article 207 TFEU or the Common Customs Tariff as regards the calculation of import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 181

Entry price system for certain products of the fruit and vegetables, processed fruit and vegetables and wine sectors

▼C2

1.  
For the application of the Common Customs Tariff duty rate for products of the fruit and vegetables and processed fruit and vegetables sectors and for grape juice and musts, the entry price of a consignment shall be equal to its customs value calculated in accordance with Council Regulation (EEC) No 2913/92 ( 22 ) (the Customs Code) and Commission Regulation (EEC) No 2454/93 ( 23 ).

▼B

2.  
In order to ensure the efficiency of the system, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to provide that the veracity of the declared entry price of a consignment is to be checked using a flat-rate import value, and to provide the conditions under which the lodging of a security is required.
3.  
The Commission shall adopt implementing acts establishing rules for the calculation of the flat-rate import value referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 182

Additional import duties

1.  

The Commission may adopt implementing acts determining the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in the Common Customs Tariff, an additional import duty shall apply in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

(a) 

the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or

(b) 

the volume of imports in any year exceeds a certain level (the trigger volume).

▼M7

The trigger volume shall be equal to either 125 %, 110 % or 105 %, depending on whether market access opportunities, defined as imports expressed as a percentage of the corresponding domestic consumption during the three preceding years, are less than or equal to 10 %, greater than 10 % but less than or equal to 30 %, or greater than 30 %, respectively.

Where domestic consumption is not taken into account, the trigger volume shall be equal to 125 %.

▼B

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2.  
Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective.
3.  
For the purposes of point (a) of the first subparagraph of paragraph 1, import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration. C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.
4.  
The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 183

Other implementing powers

The Commission may adopt implementing acts:

(a) 

fixing the level of the applied import duty in accordance with the rules set out in an international agreement concluded in accordance with the TFEU, in the Common Customs Tariff and in the implementing acts referred to in Article 180;

(b) 

fixing the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 182(1).

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).



CHAPTER III

Tariff quota management and special treatment of imports by third countries

Article 184

Tariff quotas

▼M5

1.  
Tariff quotas for the import of agricultural products for release into free circulation in the Union or a part thereof, or tariff quotas for imports of Union agricultural products into third countries, which are to be partly or fully administered by the Union, resulting from international agreements concluded in accordance with the TFEU or any other act adopted in accordance with Article 43(2) or Article 207 TFEU, shall be opened and/or administered by the Commission by means of delegated acts pursuant to Article 186 of this Regulation and implementing acts pursuant to Article 187 of this Regulation.

▼B

2.  

Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

(a) 

a method based on the chronological order of the submission of applications ("first come, first served" principle);

(b) 

a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

(c) 

a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

3.  

The method of administration adopted shall:

(a) 

for import tariff quotas, give due weight to the supply requirements of the existing and emerging Union production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market; and

(b) 

for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

Article 185

Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186

Delegated powers

1.  

In order to ensure fair access for the quantities available and the equal treatment of operators within the tariff quota, the Commission shall be empowered to adopt delegated acts in accordance with Article 227:

(a) 

determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

(b) 

establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

(c) 

making participation in the tariff quota subject to the lodging of a security;

(d) 

providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

2.  
In order to ensure that exported products may benefit from a special treatment on importation into a third country under certain conditions, pursuant to international agreements concluded by the Union in accordance with the TFEU, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 of this Regulation concerning rules requiring the competent authorities of Member States to issue, on request and after appropriate checks, a document certifying that the conditions are met for products that, if exported, may benefit from a special treatment on importation into a third country if certain conditions are respected.

Article 187

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down:

(a) 

the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

(b) 

procedures for the application of the specific provisions laid down in the agreement or act adopting the import or export regime, in particular, on:

(i) 

guarantees covering the nature, provenance and origin of the product;

(ii) 

recognition of the document used for verifying the guarantees referred to in point (i);

(iii) 

the presentation of a document issued by the exporting country;

(iv) 

destination and use of the products;

(c) 

the period of validity of the licences or of the authorisations;

(d) 

the procedures for, and the amount of, the security to be lodged;

(e) 

the use of licences, and, where necessary, specific measures relating to, in particular, the conditions under which applications for import shall be submitted and authorisation granted within the tariff quota;

(f) 

procedures and technical criteria for the application of Article 185;

(g) 

necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼M5

Article 188

Allocation process for tariff quotas

1.  
The Commission shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.
2.  
The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.
3.  
Member States shall issue import licences and export licences for the quantities applied for within the import tariff quotas and export tariff quotas, subject to the respective allocation coefficients and after they are made public by the Commission in accordance with paragraph 1.

▼B



CHAPTER IV

Special import provisions for certain products

Article 189

Imports of hemp

1.  

The following products may be imported into the Union only if the following conditions are met:

(a) 

raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013

(b) 

seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013;

(c) 

hemp seeds other than for sowing, falling within CN code 1207 99 91 and imported only by importers authorised by the Member State in order to ensure that such seeds are not intended for sowing.

2.  
This Article shall apply without prejudice to more restrictive rules adopted by Member States in compliance with the TFEU and the obligations under the WTO Agreement on Agriculture.

Article 190

Imports of hops

1.  
Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Union or made from such products.
2.  
Products shall be considered to be of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 77.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of those products is not lower than that of the hops from which they have been prepared.

3.  
In order to minimise the administrative burden, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 setting the conditions under which obligations related to an attestation of equivalence and the labelling of packaging are not to apply.
4.  
The Commission shall adopt implementing acts laying down the measures necessary for the application of this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 191

Derogations for imported products and special security in the wine sector

Derogations from point 5 of Section B or Section C of Part II of Annex VIII for imported products may be adopted in accordance with Article 43(2) TFEU, pursuant to the international obligations of the Union.

In the case of derogations from point 5 of Section B of Part II of Annex VIII, importers shall lodge a security for those products with the designated customs authorities at the time of release into free circulation. The security shall be released on the presentation of proof by the importer, to the satisfaction of the customs authorities of the Member State of release into free circulation, that:

(a) 

the products have not benefited from the derogations; or,

(b) 

if they have benefited from the derogations, the products have not been vinified, or if they have been vinified, the resulting products have been appropriately labelled.

The Commission may adopt implementing acts laying down rules to ensure the uniform application of this Article, including on the amounts of the security and appropriate labelling. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼M7 —————

▼M7

Article 193a

Suspension of import duties for molasses

1.  
The Commission shall be empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by establishing rules for the suspension of import duties in whole or in part for molasses falling within CN Code 1703 .
2.  
In application of the rules referred to in paragraph 1 of this Article, the Commission may adopt implementing acts to suspend in whole or in part import duties for molasses falling within CN Code 1703 , without applying the procedure referred to in Article 229(2) or (3).

▼B



CHAPTER V

Safeguard and inward processing

Article 194

Safeguard measures

1.  
Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009 ( 24 ) and (EC) No 625/2009 ( 25 ).
2.  
Save as otherwise provided for in any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with the TFEU shall be taken by the Commission in accordance with paragraph 3 of this Article.
3.  
The Commission may adopt implementing acts establishing the measures referred to in paragraphs 1 and 2 of this Article at the request of a Member State or on its own initiative. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

4.  
The Commission may adopt implementing acts revoking or amending Union safeguard measures adopted pursuant to paragraph 3 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

Article 195

Suspension of processing and inward processing arrangements

Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may adopt implementing acts, at the request of a Member State or on its own initiative, fully or partially suspending the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.



CHAPTER VI

Export refunds

▼M7 —————

▼B



CHAPTER VII

Outward processing

Article 205

Suspension of outward processing arrangements

Where the Union market is disturbed or could be disturbed by outward processing arrangements, the Commission may adopt implementing acts, on a request from a Member State or on its own initiative, fully or partially suspending the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.



PART IV

COMPETITION RULES



CHAPTER I

Rules applying to undertakings

Article 206

Commission guidelines on the application of competition rules to agriculture

▼M7

Save as otherwise provided in this Regulation, and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210a of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products.

▼B

In order to ensure the functioning of the internal market and the uniform application of Union competition rules, the Commission and the competition authorities of the Member States shall apply the Union competition rules in close cooperation.

In addition, the Commission shall, where appropriate, publish guidelines to assist the national competition authorities, as well as undertakings.

Article 207

Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

(a) 

the relevant product market: for the purposes of this Chapter, "product market" means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

(b) 

the relevant geographic market: for the purposes of this Chapter, "geographic market" means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

▼M7

Article 208

Dominant position

For the purposes of this Chapter, ‘dominant position’ means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, of its suppliers or customers, and ultimately of consumers.

▼B

Article 209

Exceptions for the objectives of the CAP and farmers and their associations

1.  
Article 101(1) TFEU shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU.

▼M5

Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.

▼B

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

2.  
Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required.

▼M5

However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

▼B

In any national or Union proceedings for the application of Article 101 TFEU, the burden of proving an infringement of Article 101(1) TFEU shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

Article 210

Agreements and concerted practices of recognised interbranch organisations

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1.  
Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation which are necessary in order to meet the objectives listed in Article 157(1), point (c), of this Regulation or, as regards the olive oil and table olives and tobacco sectors, the objectives listed in Article 162 of this Regulation, and which are not incompatible with Union rules under paragraph 4 of this Article.

Agreements, decisions and concerted practices which fulfil the conditions referred to in the first subparagraph of this paragraph shall not be prohibited, no prior decision to that effect being required.

2.  
Recognised interbranch organisations may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with this Article. The Commission shall send the requesting interbranch organisation its opinion within four months of receipt of a complete request.

If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraph 1 of this Article are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or concerted practice in question and inform the interbranch organisation accordingly.

The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the requesting interbranch organisation has provided inaccurate information or misused the opinion.

▼M7 —————

▼B

4.  

Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they:

(a) 

may lead to the partitioning of markets within the Union in any form;

(b) 

may affect the sound operation of the market organisation;

(c) 

may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;

(d) 

entail the fixing of prices or the fixing of quotas;

(e) 

may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

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▼B

7.  
The Commission may adopt implementing acts laying down the measures necessary for the uniform application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 210a

Vertical and horizontal initiatives for sustainability

1.  
Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of producers of agricultural products that relate to the production of or trade in agricultural products and that aim to apply a sustainability standard higher than mandated by Union or national law, provided that those agreements, decisions and concerted practices only impose restrictions of competition that are indispensable to the attainment of that standard.
2.  
Paragraph 1 applies to agreements, decisions and concerted practices of producers of agricultural products to which several producers are party or to which one or more producers and one or more operators at different levels of the production, processing, and trade in the food supply chain, including distribution, are party.
3.  

For the purposes of paragraph 1, ‘sustainability standard’ means a standard which aims to contribute to one or more of the following objectives:

(a) 

environmental objectives, including climate change mitigation and adaptation, the sustainable use and protection of landscapes, water and soil, the transition to a circular economy, including the reduction of food waste, pollution prevention and control, and the protection and restoration of biodiversity and ecosystems;

(b) 

the production of agricultural products in ways that reduce the use of pesticides and manage risks resulting from such use, or that reduce the danger of antimicrobial resistance in agricultural production; and

(c) 

animal health and animal welfare.

4.  
Agreements, decisions and concerted practices that fulfil the conditions referred to in this Article shall not be prohibited, no prior decision to that effect being required.
5.  
The Commission shall issue guidelines for operators concerning the conditions for the application of this Article by 8 December 2023.
6.  
From 8 December 2023, producers as referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with this Article. The Commission shall send the applicant its opinion within four months of receipt of a complete request.

If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraphs 1, 3 and 7 of this Article are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or concerted practice in question and inform the producers accordingly.

The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the applicant has provided inaccurate information or misused the opinion.

7.  
The national competition authority as referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, in the future, one or more of the agreements, decisions and concerted practices referred to in paragraph 1 are to be modified, discontinued or not take place at all, if it considers that such a decision is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised.

For agreements, decisions and concerted practices covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedures referred to in Article 229(2) and (3).

When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing after initiating the first formal measure of the investigation and shall notify the Commission of any resulting decisions without delay after their adoption.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

▼B



CHAPTER II

State aid rules

Article 211

Application of Articles 107 to 109 TFEU

1.  
Articles 107 to 109 TFEU shall apply to the production of, and trade in, agricultural products.
2.  

By way of derogation from paragraph 1, Articles 107 to 109 TFEU shall not apply to payments made by Member States pursuant to and in conformity with either of the following:

(a) 

the measures provided for in this Regulation which are partly or wholly financed by the Union;

(b) 

Articles 213 to 218 of this Regulation.

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3.  
By way of derogation from paragraph 1 of this Article, Articles 107, 108 and 109 TFEU shall not apply to national fiscal measures whereby Member States decide to deviate from general tax rules by allowing for the income tax base applied to farmers to be calculated on the basis of a multiannual period with a view to evening out the tax base over a certain number of years.

▼M7 —————

▼B

Article 213

National payments for reindeer in Finland and Sweden

Subject to an authorisation by the Commission adopted without applying the procedure referred to in Article 229(2) or (3), national payments for the production and marketing of reindeer and reindeer products (CN codes ex  02 08 and ex  02 10 ) may be made by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.

Article 214

National payments for the sugar sector in Finland

Finland may make national payments of up to EUR 350 per hectare per marketing year to sugar beet growers.

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Article 214a

National payments for certain sectors in Finland

Subject to authorisation by the Commission, for the period 2014-2020, Finland may continue to grant national aids which it granted in 2013 to producers on the basis of Article 141 of the 1994 Act of Accession, provided that:

(a) 

the amount of income aid is degressive over the whole period and in 2020 does not exceed 30 % of the amount granted in 2013; and

(b) 

prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

The Commission shall adopt its authorisation without applying the procedure referred to in Article 229(2) or (3) of this Regulation.

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In 2021 and 2022, Finland may continue to grant the national aids referred to in the first paragraph subject to the same conditions and amounts as authorised by the Commission for 2020.

▼B

Article 215

National payments for apiculture

Member States may make national payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.

Article 216

National payments for distillation of wine in cases of crisis

1.  
Member States may make national payments to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis.

Those payments shall be proportionate and shall allow that crisis to be addressed.

The overall amount of payments available in a Member State in any given year for such payments shall not exceed 15 % of the globally available funds per Member State for that year as laid down in Annex VI.

2.  
Member States wishing to make use of the national payments referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall decide, without applying the procedure referred to in Article 229(2) or (3), whether the measure is approved and whether the payments may be made.
3.  
The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid any distortion of competition.
4.  
The Commission may adopt implementing acts laying down the measures necessary for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼M2

Article 217

National payments for the distribution of products to children

Member States may make national payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

Member States may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.

▼B

Article 218

National payments for nuts

1.  

Member States may make national payments, up to a maximum of EUR 120,75 per hectare per year, to farmers producing the following products:

(a) 

almonds falling within CN codes 0802 11 and 0802 12 ;

(b) 

hazelnuts or filberts falling within CN codes 0802 21 and 0802 22 ;

(c) 

walnuts falling within CN codes 0802 31 00 and 0802 32 00 ;

(d) 

pistachios falling within CN codes 0802 51 00 and 0802 52 00 ;

(e) 

locust beans falling within CN code 1212 92 00 .

2.  

The national payments referred to in paragraph 1 may be paid only for a maximum area of:



Member State

Maximum area (ha)

Belgium

100

Bulgaria

11 984

Germany

1 500

Greece

41 100

Spain

568 200

France

17 300

Italy

130 100

Cyprus

5 100

Luxembourg

100

Hungary

2 900

Netherlands

100

Poland

4 200

Portugal

41 300

Romania

1 645

Slovenia

300

Slovakia

3 100

▼M7 —————

▼B

3.  
Member States may make the granting of national payments referred to in paragraph 1 conditional on farmers being members of a producer organisation recognised under Article 152.



PART V

GENERAL PROVISIONS



CHAPTER I

Exceptional measures



Section 1

Market disturbance

Article 219

Measures against market disturbance

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1.  
In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or other events and circumstances significantly disturbing or threatening to disturb the market concerned, where that situation, or its effects on the market, is likely to continue or deteriorate, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements concluded in accordance with the TFEU and provided that any other measures available under this Regulation appear to be insufficient or not suitable.

▼B

Where, in the cases of threats of market disturbances referred to in the first subparagraph of this paragraph, imperative grounds of urgency so require, the procedure provided for in Article 228 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph.

Those imperative grounds of urgency may include the need to take immediate action to address or prevent market disturbance, where threats of market disturbance occur so swiftly or unexpectedly that immediate action is necessary to efficiently and effectively address the situation, or where action would prevent such threats of market disturbance from materialising, continuing or turning into a more severe or prolonged disturbance, or where delaying immediate action would threaten to cause or aggravate the disturbance or would increase the extent of the measures which would later be necessary to address the threat or disturbance or would be detrimental to production or market conditions.

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Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, adjust or suspend import duties in whole or in part including for certain quantities or periods as necessary, or take the form of a temporary voluntary production reduction scheme, in particular in cases of oversupply.

▼B

2.  
The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I.

However, the Commission may, by means of delegated acts adopted in accordance with the urgency procedure referred to in Article 228, decide that the measures referred to in paragraph 1 shall apply to one or more of the products listed in Section 2 of Part XXIV of Annex I.

3.  
The Commission may adopt implementing acts laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).



Section 2

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Market support measures related to animal diseases and plant pests and loss of consumer confidence due to public, animal or plant health risks

▼B

Article 220

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Measures concerning animal diseases and plant pests and the loss of consumer confidence due to public, animal or plant health risks

▼B

1.  

The Commission may adopt implementing acts taking exceptional support measures for the affected market in order to take account of:

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(a) 

restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals or the spread of plant pests; and

▼B

(b) 

serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

2.  

The measures provided for in paragraph 1 shall apply to any of the following sectors:

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(-a) 

fruit and vegetables;

▼B

(a) 

beef and veal;

(b) 

milk and milk products;

(c) 

pigmeat;

(d) 

sheepmeat and goatmeat;

(e) 

eggs;

(f) 

poultrymeat.

The measures provided for in point (b) of the first subparagraph of paragraph 1 related to a loss in consumer confidence due to public or plant health risks shall also apply to all other agricultural products except those listed in Section 2 of Part XXIV of Annex I.

The Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure referred to in Article 228, extending the list of products in the first two subparagraphs of this paragraph.

3.  
The measures provided for in paragraph 1 shall be taken at the request of the Member State concerned.

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4.  
The measures provided for in paragraph 1, first subparagraph, point (a) may be taken only if the Member State concerned has taken health, veterinary or phytosanitary measures quickly to stamp out the disease or to monitor, control and eradicate or contain the pest, and only to the extent and for the duration strictly necessary to support the market concerned.

▼B

5.  
The Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States for the measures provided for in paragraph 1.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

6.  
Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in a distortion of competition between producers in different Member States.



Section 3

Specific problems

Article 221

Measures to resolve specific problems

1.  
The Commission shall adopt implementing acts taking necessary and justifiable emergency measures to resolve specific problems. Those measures may derogate from the provisions of this Regulation only to an extent that is strictly necessary and for a period that is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
2.  
To resolve specific problems, and on duly justified imperative grounds of urgency, relating to situations likely to cause a rapid deterioration of production and market conditions which could be difficult to address if the adoption of measures were delayed, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).
3.  
The Commission shall adopt measures under paragraph 1 or 2 only if it is not possible to adopt the required emergency measures in accordance with Article 219 or 220.
4.  
Measures adopted under paragraph 1 or 2 shall remain in force for a period not exceeding twelve months. If after this period the specific problems that led to the adoption of those measures persist, the Commission may, in order to establish a permanent solution, adopt delegated acts in accordance with Article 227 regarding the matter or present appropriate legislative proposals.
5.  
The Commission shall inform the European Parliament and the Council of any measure adopted under paragraph 1 or 2 within two working days of its adoption.



Section 4

Agreements and decisions during periods of severe imbalance in markets

Article 222

Application of Article 101(1) TFEU

▼M5

1.  

During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:

▼B

(a) 

market withdrawal or free distribution of their products;

(b) 

transformation and processing;

(c) 

storage by private operators;

(d) 

joint promotion measures;

(e) 

agreements on quality requirements;

(f) 

joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;

(g) 

temporary planning of production taking into account the specific nature of the production cycle.

The Commission shall specify in implementing acts the substantive and geographic scope of this derogation and, subject to paragraph 3, the period for which the derogation applies.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼M5 —————

▼B

3.  
The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months.

However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

▼M7



Chapter Ia

Market transparency

Article 222a

Union market observatories

1.  
In order to improve transparency within the food supply chain, to inform the choices of economic operators and public authorities, to facilitate the monitoring of market developments and threats of market disturbance, the Commission shall establish Union market observatories.
2.  
The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established.
3.  

The Union market observatories shall make available the statistical data and information necessary for the monitoring of market developments and threats of market disturbance, in particular:

(a) 

production, supply and stocks;

(b) 

prices, costs and, as far as possible, profit margins at all levels of the food supply chain;

(c) 

short- and medium-term market forecasts;

(d) 

imports and exports of agricultural products, in particular the filling of tariff quotas for the import of agricultural products into the Union.

The Union market observatories shall produce reports containing the elements referred to in the first subparagraph.

4.  
The Member States shall collect the information referred to in paragraph 3 and provide it to the Commission.

Article 222b

Commission reporting on market developments

1.  
In their reports, Union market observatories established pursuant to Article 222a shall identify threats of market disturbance related to significant price increases or decreases in internal or external markets or to other events or circumstances having similar effects.
2.  
The Commission shall regularly present to the European Parliament and to the Council information on the market situation for agricultural products, the causes of market disturbances and possible measures to be taken in response to those market disturbances, in particular measures provided for in Part II, Title I, Chapter I, and Articles 219, 220, 221 and 222, as well as the rationale for those measures

▼B



CHAPTER II

Communications and reporting

Article 223

Communication requirements

1.  
For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, checking, controlling, monitoring, evaluating and auditing CAP measures, and complying with the requirements laid down in international agreements concluded in accordance with the TFEU, including notification requirements under those agreements, the Commission may, in accordance with the procedure referred to in paragraph 2, adopt the necessary measures regarding communications to be made by undertakings, Member States and third countries. In so doing, it shall take into account the data needs and synergies between potential data sources.

▼M7

The information obtained may be transmitted or made available to international organisations, Union and national financial market authorities, the competent authorities of third countries and may be made public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets, including prices.

The Commission shall cooperate and exchange information with competent authorities designated in accordance with Article 22 of Regulation (EU) No 596/2014 and with the European Securities and Markets Authority (ESMA), to help them fulfil their tasks under Regulation (EU) 596/2014.

▼B

2.  

In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:

(a) 

the nature and type of information to be notified;

(b) 

the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries;

(c) 

the access rights to the information or information systems made available;

(d) 

the conditions of publication of the information.

3.  

The Commission shall adopt implementing acts laying down the measures necessary for the application of this Article, including:

(a) 

the methods of notification;

(b) 

rules on the information to be notified;

(c) 

arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications;

(d) 

the arrangements for transmitting or making information and documents available to the Member States, international organisations, the competent authorities in third countries, or the public, subject to the protection of personal data and the legitimate interest of undertakings in the protection of their business secrets.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 224

Processing and protection of personal data

1.  
The Member States and the Commission shall collect personal data for the purposes set out in Article 223(1) and shall not process those data in a way incompatible with those purposes.
2.  
Where personal data are processed for monitoring and evaluation purposes as referred to in Article 223(1), they shall be made anonymous and shall be processed in aggregated form only.
3.  
Personal data shall be processed in accordance with Directive 95/46/EC and Regulation (EC) No 45/2001. In particular, such data shall not be stored in a form which permits identification of data subjects for longer than is necessary for the purposes for which they were collected or for which they are further processed, taking into account the minimum retention periods laid down in the applicable national and Union law.
4.  
Member States shall inform the data subjects that their personal data may be processed by national and Union bodies in accordance with paragraph 1 and that in this respect they enjoy the rights set out in, respectively, Directive 95/46/EC and Regulation (EC) No 45/2001.

Article 225

Reporting obligation of the Commission

The Commission shall present a report to the European Parliament and to the Council:

(a) 

every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

▼M7 —————

▼M7

(d) 

by 31 December 2025, and every seven years thereafter, on the application of the competition rules as laid down in this Regulation to the agricultural sector in all Member States;

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(da) 

by 31 December 2023 on the Union market observatories set up in accordance with Article 222a;

(db) 

by 31 December 2023, and every three years thereafter, on the use of the crisis measures in particular adopted pursuant to Articles 219, to 222;

(dc) 

by 31 December 2024 on the use of new information and communication technologies to ensure better market transparency as referred to in Article 223;

(dd) 

by 30 June 2024 on sales designations and carcass classification in the sheepmeat and goatmeat sector;

▼M2

(e) 

by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(f) 

by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.

▼B



CHAPTER III

Reserve for crises in the agricultural sector

Article 226

Use of the Reserve

Funds transferred from the Reserve for crises in the agricultural sector under the conditions and procedure referred to in Article 25 of Regulation (EU) No 1306/2013 and paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, cooperation in budgetary matters and on sound financial management shall be made available for the measures to which this Regulation applies for the year or years for which the additional support is required and which are implemented in circumstances that go beyond normal market developments.

In particular, funds shall be transferred for any expenditure under:

(a) 

Articles 8 to 21;

(b) 

Articles 196 to 204; and

(c) 

Articles 219, 220 and 221 of this Regulation.



PART VI

DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS



CHAPTER I

Delegations of power and implementing provisions

Article 227

Exercise of the delegation

1.  
The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.  
The power to adopt delegated acts referred to in this Regulation shall be conferred on the Commission for a period of seven years from 20 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the seven-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3.  
The delegation of power referred to in this Regulation may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.  
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.  
A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 228

Urgency procedure

1.  
Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
2.  
Either the European Parliament or the Council may object to a delegated act adopted under this Article in accordance with the procedure referred to in Article 227(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 229

Committee procedure

1.  
The Commission shall be assisted by a committee called the Committee for the Common Organisation of the Agricultural Markets. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2.  
Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

In the case of acts referred to in Article 80(5), points (c) and (d) of Article 91, Article 97(4), Article 99, Article 106 and Article 107(3), where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

3.  
Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.



CHAPTER II

Transitional and final provisions

Article 230

Repeals

1.  
Regulation (EC) No 1234/2007 is repealed.

However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply:

(a) 

as regards the system of milk production limitation: Section III of Chapter III of Title I of Part II, Article 55, Article 85 and Annexes IX and X, until 31 March 2015;

(b) 

as regards the wine sector:

(i) 

Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised, until such areas are grubbed up or regularised, and Article 188a(1) and (2);

(ii) 

the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II until 31 December 2015;

(iii) 

Article 118m(5) until clearance of the stocks of wines with the denomination "Mlado vino portugizac" existing on 1 July 2013;

(iv) 

Article 118s(5) until 30 June 2017;

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(ba) 

Article 111 until 31 March 2015;

▼B

►C2  (c) 

Article 113a(4), Articles 114, 115 and 116, Article 117(1) to (4) and point (e)(iv) of Article 121, as well as point IV of Part A, points I(2) and (3) and III(1) of Part B and Part C of Annex XIV, and points 1, 3, 5 and 6 of Part II and point 2 of Part IV of Annex XV for the purpose of applying those Articles, ◄ until the date of application of the corresponding marketing rules to be established pursuant to the delegated acts provided for in Article 75(2), Article 76(4), Article 78(3) and (4), Article 79(1), Article 80(4), Article 83(4), Article 86, Article 87(2), Article 88(3) and Article 89 of this Regulation;

▼M1

(ca) 

Article 125a(1)(e) and (2) and, in respect of the fruit and vegetables sector, Annex XVIa, until the date of application of the related rules to be established pursuant to the delegated acts provided for in points (b) and (i) of Article 173(1);

▼B

(d) 

Article 133a(1) and Article 140a until 30 September 2014;

▼M1

(da) 

Articles 136, 138 and 140, as well as Annex XVIII for the purposes of applying those Articles, until the date of application of the rules to be established pursuant to the implementing acts provided for in Article 180 and in point (a) of Article 183 or until 30 June 2014, whichever is the earlier;

▼B

(e) 

the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar on 30 September 2014;

(f) 

Article 182(4) until 31 December 2017;

(g) 

Article 182(7) until 31 March 2014;

▼C2

(h) 

Point 3 of Part III of Annex XV until 31 December 2015;

▼B

(i) 

Annex XX until date of entry into force of legislative act replacing Regulation (EC) No 1216/2009 and Council Regulation (EC) No 614/2009 ( 26 ).

2.  
References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and to Regulation (EU) No 1306/2013 and be read in accordance with the correlation table set out in Annex XIV to this Regulation.
3.  
Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are repealed.

Article 231

Transitional rules

1.  
In order to ensure the smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 to those laid down in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning measures necessary to protect the acquired rights and legitimate expectations of undertakings.
2.  
All multiannual programmes adopted before 1 January 2014 shall continue to be governed by the concerned provisions of Regulation (EC) No 1234/2007 following the entry into force of this Regulation until those programmes come to an end.

Article 232

Entry into force and application

1.  
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2014.

However:

(a) 

Article 181 shall apply from 1 October 2014;

(b) 

point II(3) of Part VII of Annex VII shall apply from 1 January 2016;

▼M5 —————

▼B

3.  
Articles 127 to 144 and Articles 192 and 193 shall apply until the end of the 2016/2017 marketing year for sugar on 30 September 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.




ANNEX I

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2)

PART I

Cereals

The cereals sector shall cover the products listed in the following table:



CN code

Description

(a)

►M7  

Sweetcorn, fresh or chilled ◄

►M7  

Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing ◄

1001 91 20

Common wheat and meslin seed

ex 1001 99 00

Spelt, common wheat and meslin other than for sowing

1002

Rye

1003

Barley

1004

Oats

1005 10 90

Maize (corn) seed other than hybrid

1005 90 00

Maize other than seed

1007 10 90 ,

1007 90 00

Grain sorghum, other than hybrids for sowing

1008

Buckwheat, millet and canary seed; other cereals

(b)

1001 11 00 ,

1001 19 00

Durum wheat

(c)

1101 00

Wheat or meslin flour

1102 90 70

Rye flour

1103 11

Groats and meal of wheat

1107

Malt, whether or not roasted

(d)

►M7  ex  07 14

- Manioc, arrowroot, salep and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets, excluding sweet potatoes of subheading 0714 20 and Jerusalem artichokes of subheading ex 0714 90 90 ; sago pith; ◄

ex  11 02

Cereal flours other than of wheat or meslin:

1102 20

– Maize (corn) flour

1102 90

– Other:

1102 90 10

– – Barley flour

1102 90 30

– – Oat flour

1102 90 90

– – Other

ex  11 03

Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11 ), groats and meal of rice (subheading 1103 19 50 ) and pellets of rice (subheading 1103 20 50 )

ex  11 04

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 and flaked rice of subheading 1104 19 91 ; germ of cereals, whole, rolled, flaked or ground

1106 20

Flour, meal and powder of sago or of roots or tubers of heading 0714

ex  11 08

Starches; inulin:

– Starches:

1108 11 00

– – Wheat starch

1108 12 00

– – Maize (corn) starch

1108 13 00

– – Potato starch

1108 14 00

– – Manioc (cassava) starch

ex 1108 19

– – Other starches:

1108 19 90

– – – Other

1109 00 00

Wheat gluten, whether or not dried

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

ex 1702 30

– Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose:

– – Other:

ex 1702 30 50

– – – In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose

ex 1702 30 90

– – – Other, containing in the dry state less than 99 % by weight of glucose

ex 1702 40

– Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar:

1702 40 90

– – Other

ex 1702 90

– Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose:

1702 90 50

– – Maltodextrine and maltodextrine syrup

– – Caramel:

– – – Other:

1702 90 75

– – – – In the form of powder, whether or not agglomerated

1702 90 79

– – – – Other

2106

Food preparations not elsewhere specified or included:

ex 2106 90

– Other

– – Flavoured or coloured sugar syrups:

– – – Other

2106 90 55

– – – – Glucose syrup and maltodextrine syrup

ex  23 02

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals

ex  23 03

Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets:

2303 10

– Residues of starch manufacture and similar residues

2303 30 00

– Brewing or distilling dregs and waste

ex  23 06

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305 :

– Other

2306 90 05

– – Of maize (corn) germ

ex 2308 00

Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:

2308 00 40

– Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes

2309

Preparations of a kind used in animal feeding:

ex 2309 10

– Dog or cat food, put up for retail sale:

2309 10 11

2309 10 13

2309 10 31

2309 10 33

2309 10 51

2309 10 53

– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50 , 1702 30 90 , 1702 40 90 , 1702 90 50 and 2106 90 55 or milk products

ex 2309 90

– Other:

2309 90 20

– – Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature

– – Other, including premixes:

2309 90 31

2309 90 33

2309 90 41

2309 90 43

2309 90 51

2309 90 53

– – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50 , 1702 30 90 , 1702 40 90 , 1702 90 50 and 2106 90 55 or milk products:

(1)  For the purposes of this subheading 'milk products' means products falling within headings 0401 to 0406 as well as subheadings 1702 11 00 , 1702 19 00 and 2106 90 51 .

PART II

Rice

The rice sector shall cover the products listed in the following table:



CN code

Description

(a)

1006 10 21 to

1006 10 98

Rice in the husk (paddy or rough), other than for sowing

1006 20

Husked (brown) rice

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed

(b)

1006 40 00

Broken rice

(c)

1102 90 50

Rice flour

1103 19 50

Rice groats and meal

1103 20 50

Pellets of rice

1104 19 91

Flaked grains of rice

ex 1104 19 99

Rolled grains of rice

1108 19 10

Rice starch

PART III

Sugar

The sugar sector shall cover the products listed in the following table:



CN code

Description

(a)

1212 91

Sugar beet

1212 93 00

Sugar cane

(b)

1701

Cane or beet sugar and chemically pure sucrose, in solid form

(c)

1702 20

Maple sugar and maple syrup

1702 60 95 and

1702 90 95

Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose

1702 90 71

Caramel containing 50 % or more by weight of sucrose in the dry matter

2106 90 59

Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups

(d)

1702 30 10

1702 40 10

1702 60 10

1702 90 30

Isoglucose

(e)

1702 60 80

1702 90 80

Inulin syrup

(f)

1703

Molasses resulting from the extraction or refining of sugar

(g)

2106 90 30

Flavoured or coloured isoglucose syrups

(h)

2303 20

Beet pulp, bagasse and other waste of sugar manufacture

PART IV

Dried fodder

The dried fodder sector shall cover the products listed in the following table:



CN code

Description

(a)

ex 1214 10 00

– Meal and pellets of lucerne artificially heat-dried

– Meal and pellets of lucerne otherwise dried and ground

ex 1214 90 90

– Lucerne, sainfoin, clover, lupins, vetches and similar fodder products, artificially heat-dried, except hay and fodder kale and products containing hay

– Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground

(b)

ex 2309 90 96

– Protein concentrates obtained from lucerne juice and grass juice

– Dehydrated products obtained exclusively from solid residues and juice resulting from preparation of the abovementioned concentrates

PART V

Seeds

The seeds sector shall cover the products listed in the following table



CN code

Description

0712 90 11

Sweetcorn hybrids:

– for sowing

0713 10 10

Peas (Pisum sativum):

– for sowing

ex 0713 20 00

Chickpeas (garbanzos):

– for sowing

ex 0713 31 00

Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:

– for sowing

ex 0713 32 00

Small red (Adzuki) beans (Phaseolus or Vigna angularis):

– for sowing

0713 33 10

Kidney beans, including white pea beans (Phaseolus vulgaris):

– for sowing

ex 0713 34 00

Bambara beans (Vigna subterranea or Voandzeia subterranea):

ex 0713 35 00

– for sowing

ex 0713 39 00

Cow peas (Vigna unguiculta):

– for sowing

Other:

– for sowing

ex 0713 40 00

Lentils:

– for sowing

ex 0713 50 00

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor):

ex 0713 60 00

– for sowing

Pigeon peas (Cajanus cajan):

– for sowing

ex 0713 90 00

Other dried leguminous vegetables:

– for sowing

1001 91 10

Spelt:

– seed

1001 91 90

Other

– seed

ex 1005 10

Hybrid maize (corn) seed

1006 10 10

Rice in the husk (paddy or rough):

– for sowing

1007 10 10

Grain sorghum hybrids:

– seed

1201 10 00

Soya beans, whether or not broken:

– seed

1202 30 00

Groundnuts, not roasted or otherwise cooked, whether or not shelled or broken:

– seed

1204 00 10

Linseed, whether or not broken:

– for sowing

1205 10 10 and

Rape or colza seeds, whether or not broken:

ex 1205 90 00

– for sowing

1206 00 10

Sunflower seeds, whether or not broken:

– for sowing

ex  12 07

Other oil seeds and oleaginous fruits, whether or not broken:

– for sowing

1209

Seeds, fruit and spores, of a kind used for sowing

 

PART VI

Hops

The hops sector shall cover the products listed in the following table



CN code

Description

1210

Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin

1302 13 00

Vegetable saps and extracts of hops

PART VII

Olive oil and table olives

The olive oil and table olives sector shall cover the products listed in the following table:



CN code

Description

(a)

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

1510 00

Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509

(b)

0709 92 10

Olives, fresh or chilled, for uses other than the production of oil

0709 92 90

Other olives, fresh or chilled

0710 80 10

Olives (uncooked or cooked by steaming or boiling water), frozen

0711 20

Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

ex 0712 90 90

Olives dried, whole, cut, sliced, broken or in powder, but not further prepared

2001 90 65

Olives prepared or preserved by vinegar or acetic acid

ex 2004 90 30

Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen

2005 70 00

Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen

(c)

1522 00 31

1522 00 39

Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil

2306 90 11

2306 90 19

Oil-cake and other solid residues resulting from the extractions of olive oil

PART VIII

Flax and hemp

The flax and hemp sector shall cover the products listed in the following table:



CN code

Description

5301

Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)

5302

True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)

PART IX

Fruit and vegetables

The fruit and vegetables sector shall cover the products listed in the following table:



CN code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

►M7  Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots (1), fresh or chilled ◄

0707 00

Cucumbers and gherkins, fresh or chilled

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

ex  07 09

►M7  Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91 , 0709 60 95 , ex 0709 60 99 of genus Pimenta, 0709 92 10 and 0709 92 90  ◄

▼M7

0714 20

sweet potatoes

ex 0714 90 90

Jerusalem artichokes

▼B

ex  08 02

Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and kola nuts falling within subheading 0802 70 00 , 0802 80 00

0803 10 10

Fresh plantains

0803 10 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

Melons (including watermelons) and papaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31

0813 50 39

Mixtures exclusively of nuts of headings 0801 and 0802

0910 20

Saffron

ex 0910 99

Thyme, fresh or chilled

ex 1211 90 86

Basil, melissa, mint, Origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled

1212 92 00

Locust beans (carob)

(1)   

This includes swedes.

PART X

Processed fruit and vegetable products

The processed fruit and vegetable sector shall cover the products listed in the following table:



CN code

Description

(a)

ex  07 10

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, ►M7  — ◄ , olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59

ex  07 11

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water o