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Document 02021R2117-20211206
Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union
Consolidated text: Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union
Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union
02021R2117 — EN — 06.12.2021 — 000.001
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) 2021/2117 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 2 December 2021 (OJ L 435 6.12.2021, p. 262) |
Corrected by:
REGULATION (EU) 2021/2117 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 2 December 2021
amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union
Article 1
Amendments to Regulation (EU) No 1308/2013
Regulation (EU) No 1308/2013 is amended as follows:
Article 2 is replaced by the following:
‘Article 2
General common agricultural policy (CAP) provisions
Regulation (EU) 2021/2116 of the European Parliament and of the Council ( *1 ) and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.
Article 3 is amended as follows:
paragraph 2 is deleted;
paragraphs 3 and 4 are replaced by the following:
Article 5 is replaced by the following:
‘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 is replaced by the following:
‘Article 6
Marketing years
The following marketing years shall be established:
1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;
1 April to 31 March of the following year for the dried fodder and silkworm sectors;
1 July to 30 June of the following year for:
the cereals sector;
the seeds sector;
the flax and hemp sector;
the milk and milk products sector;
1 August to 31 July of the following year for the wine sector;
1 September to 31 August of the following year for the rice sector and with respect to table olives;
1 October to 30 September of the following year for the sugar sector and with respect to olive oil.’;
Article 12 is replaced by the following:
‘Article 12
Public intervention periods
Public intervention shall be available for:
common wheat, from 1 October to 31 May;
durum wheat, barley and maize, throughout the year;
paddy rice, throughout the year;
beef and veal, throughout the year;
butter and skimmed milk powder, from 1 February to 30 September.’;
Article 16 is amended as follows:
the following paragraph is inserted:
paragraph 3 is replaced by the following:
in Article 17, first paragraph, point (b) is replaced by the following:
olive oil and table olives;’;
Part II, Title I, Chapter II, is amended as follows:
the title is replaced by the following:
‘ CHAPTER II
Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments ’;
the heading ‘Section 1’ and its title are deleted;
in Article 23, paragraph 11 is replaced by the following:
Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.’;
Article 23a is amended as follows:
paragraph 1 is replaced by the following:
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:
for school fruit and vegetables: EUR 130 608 466 per school year;
for school milk: EUR 90 195 669 per school year.’;
in paragraph 2, third subparagraph, the last sentence is deleted;
in paragraph 4, the first subparagraph is replaced by the following:
Sections 2 to 6, containing Articles 29 to 60, are deleted;
Article 61 is replaced by the following:
‘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.’;
Article 62 is amended as follows:
paragraph 3 is amended as follows:
the following subparagraph is inserted after the first subparagraph:
‘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.’;
the second and third subparagraphs are replaced by the following:
‘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.’;
paragraph 4 is replaced by the following:
Article 63 is amended as follows:
paragraph 1 is replaced by the following:
Member States shall make available each year authorisations for new plantings corresponding to either:
1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or
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.’;
in paragraph 2, the following subparagraph is added:
‘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.’;
paragraph 3 is amended as follows:
point (b) is replaced by the following:
the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication;’;
the following point is added:
the wish to contribute to the development of the products in question while preserving the quality of those products.’;
the following paragraph is inserted:
Article 64 is amended as follows:
in paragraph 1, second subparagraph, the introductory wording is replaced by the following:
‘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:’;
paragraph 2 is amended as follows:
the introductory wording is replaced by the following:
point (b) is replaced by the following:
areas where vineyards contribute to the preservation of the environment or the conservation of the genetic resources of vines;’;
point (f) is replaced by the following:
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;’;
point (h) is replaced by the following:
areas to be newly planted in the framework of increasing the size of small and medium-sized vine holdings;’;
the following paragraph is inserted:
in Article 65, the first paragraph is replaced by the following:
‘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.’;
Article 68 is amended as follows:
the following paragraph is inserted:
paragraph 3 is replaced by the following:
in Article 81, the following paragraph is added:
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.’;
Article 86 is replaced by the following:
‘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:
reserving an additional optional reserved term, laying down its conditions of use;
amending the conditions of use of an optional reserved term; or
cancelling an optional reserved term.’;
Article 90 is amended as follows:
paragraph 1 is replaced by the following:
in paragraph 3, the introductory wording is replaced by the following:
in Part II, Title II, Chapter I, Section 1, the following subsection is inserted:
‘Subsection 4a
Checks and penalties
Article 90a
Checks and penalties related to marketing rules
In order to protect Union funds and to protect the identity, provenance and quality of Union wine, the Commission shall be empowered to adopt delegated acts in accordance with Article 227, supplementing this Regulation, relating to:
the establishment or maintenance of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;
rules governing control bodies and the mutual assistance between them;
rules governing the common use of the findings of Member States.
The Commission may adopt implementing acts laying down all measures necessary for:
the procedures relating to Member States’ respective databanks and to the analytical databank of isotopic data referred to in paragraph 5, point (a);
the procedures relating to cooperation and assistance between control authorities and bodies;
as regards the obligation referred to in paragraph 3, rules for performing checks on compliance with marketing standards, rules governing the authorities responsible for performing the checks, as well as rules on the content and the frequency of the checks and the marketing stage to which those checks are to apply.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;
in Article 92(1), the following subparagraph is added:
‘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.’;
Article 93 is amended as follows:
in paragraph 1, points (a) and (b) are replaced by the following:
“designation of origin” means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):
whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
as originating in a specific place, region or, in exceptional cases, country;
produced from grapes which originate exclusively from that geographical area;
the production of which takes place in that geographical area; and
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.
“geographical indication” means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):
whose specific quality, reputation or other characteristics are attributable to its geographical origin;
as originating in a specific place, region or, in exceptional cases, country;
as having at least 85 % of the grapes used for its production come exclusively from that geographical area;
the production of which takes place in that geographical area; and
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.’;
paragraph 2 is deleted;
paragraph 4 is replaced by the following:
Article 94 is amended as follows:
in paragraph 1, the introductory wording is replaced by the following:
‘Applications for protection of names as designations of origin or geographical indications shall include:’;
paragraph 2 is amended as follows:
point (g) is replaced by the following:
the details bearing out the link referred to in Article 93(1), point (a)(i), or, as the case may be, point (b)(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;
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);’;
the following subparagraphs are added:
‘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.’;
Article 96 is amended as follows:
paragraph 5 is replaced by the following:
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.’;
the following paragraph is added:
in Article 97, paragraphs 2, 3 and 4 are replaced by the following:
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.
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:
informs the Commission that the application has been invalidated at national level by an immediately applicable but not final judicial decision; or
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.
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).’;
Articles 98 and 99 are replaced by the following:
‘Article 98
Objection procedure
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.
Article 99
Decision on protection
Article 102 is replaced by the following:
‘Article 102
Relationship with trade marks
Trade marks registered in breach of the first subparagraph shall be invalidated.
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.
Article 103 is amended as follows:
in paragraph 2, points (a) and (b) are replaced by the following:
any direct or indirect commercial use of that protected name, including the use for products used as ingredients:
by comparable products not complying with the product specification of the protected name; or
in so far as such use exploits, weakens or dilutes the reputation of a designation of origin or a geographical indication;
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;’;
the following paragraph is added:
The protection referred to in paragraph 2 also applies with regard to:
goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and
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.’;
Article 105 is replaced by the following:
‘Article 105
Amendments to product specifications
For the purposes of this Regulation, “Union amendment” means an amendment to a product specification that:
includes a change in the name of the protected designation of origin or the protected geographical indication;
consists of a change, a deletion or an addition of a category of grapevine products referred to in Annex VII, Part II;
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
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.
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.
As regards third countries, amendments shall be approved in accordance with the law applicable in the third country concerned.’;
Article 106 is replaced by the following:
‘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:
where compliance with the corresponding product specification is no longer guaranteed;
where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;
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).’;
the following Article is inserted:
‘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.’;
Article 111 is deleted;
in Part II, Title II, Chapter I, Section 2, the following Subsection is added:
‘Subsection 4
Checks related to designations of origin, geographical indications and traditional terms
Article 116a
Checks
The Commission shall adopt implementing acts concerning the following:
the communication to be made by the Member States to the Commission;
rules governing the authority responsible for verifying compliance with product specifications, including where the geographical area is in a third country;
the actions to be implemented by the Member States to prevent the unlawful use of protected designations of origin, protected geographical indications and protected traditional terms;
the checks and verification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Article 119 is amended as follows:
paragraph 1 is amended as follows:
point (a) is replaced by the following:
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:
the term “de-alcoholised” if the actual alcoholic strength of the product is no more than 0,5 % by volume; or
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.’;
the following points are added:
the nutrition declaration pursuant to Article 9(1), point (l), of Regulation (EU) No 1169/2011;
the list of ingredients pursuant to Article 9(1), point (b), of Regulation (EU) No 1169/2011;
in the case of grapevine products which have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E and that have an actual alcoholic strength by volume of less than 10 %, the date of minimum durability pursuant to Article 9(1), point (f), of Regulation (EU) No 1169/2011.’;
paragraph 2 is replaced by the following:
the following paragraphs are added:
By way of derogation from paragraph 1, point (i), the list of ingredients may be provided by electronic means identified on the package or on a label attached thereto. In such cases, the following requirements apply:
no user data shall be collected or tracked;
the list of ingredients shall not be displayed with other information intended for sales or marketing purposes; and
the indication of the particulars referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011 shall appear directly on the package or on a label attached thereto.
The indication referred to in the first subparagraph, point (c), of this paragraph shall comprise the word “contains” followed by the name of the substance or product as listed in Annex II to Regulation (EU) No 1169/2011.’;
in Article 122, paragraph 1 is amended as follows:
point (b) is amended as follows:
point (ii) is deleted;
the following point is added:
rules for the indication and designation of ingredients for the application of Article 119(1), point (i).’;
in point (c), the following point is added:
terms referring to a holding and the conditions for their use.’;
in point (d), point (i) is replaced by the following:
the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;’;
Part II, Title II, Chapter II, Section 1, is amended as follows:
Article 124 is deleted;
the heading ‘Subsection 1’ and its title are deleted;
in Article 125, paragraph 3 is replaced by the following:
Subsections 2 and 3, containing Articles 127 to 144, are deleted;
in Article 145(3), the first sentence is replaced by the following:
‘Member States which provide in their CAP strategic plans for restructuring and conversion of vineyards in accordance with Article 58(1), first subparagraph, point (a), of Regulation (EU) 2021/2115, shall on the basis of the vineyard register submit to the Commission by 1 March each year an updated inventory of their production potential.’;
the following Article is inserted:
‘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:
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
the supply agreements between suppliers of wine in bulk and their direct buyers are multiannual or become multiannual.’;
in Article 148(2), point (c)(i) is replaced by the following:
the price payable for the delivery, which shall:
in Article 149(2), point (c)(i) is replaced by the following:
the volume of raw milk covered by such negotiations does not exceed 4 % of total Union production,’;
Article 150 is deleted;
Article 151 is amended as follows:
the first paragraph is replaced by the following:
‘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.’;
the third paragraph is replaced by the following:
‘Member States shall notify the Commission of the quantities of raw milk and the average prices referred to in the first paragraph.’;
Article 152(1), point (c), is amended as follows:
point (vii) is replaced by the following:
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;’;
point (x) is replaced by the following:
managing mutual funds;’;
Article 153 is amended as follows:
in paragraph 2, point (c) is replaced by the following:
rules enabling the producer members to scrutinise democratically their organisation and its decisions as well as its accounts and budgets;’;
the following paragraph is inserted:
paragraph 3 is replaced by the following:
in Article 154(1), point (b) is replaced by the following:
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;’;
Article 157 is amended as follows:
in paragraph 1, the introductory wording is replaced by the following:
in paragraph 1, point (c) is amended as follows:
point (vii) is replaced by the following:
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;’;
point (xiv) is replaced by the following:
contributing to the management and developing initiatives for the valorisation of by-products and the reduction and management of waste;’;
point (xvi) is replaced by the following:
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;’;
paragraph 1a is replaced by the following:
paragraph 3 is deleted.
Article 158 is amended as follows:
in paragraph 1, the following point is inserted:
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;’;
paragraph 4 is replaced by the following:
Article 163 is amended as follows:
paragraphs 1 and 2 are replaced by the following:
Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations:
fulfil the requirements laid down in Article 157;
carry out their activities in one or more regions in the territory concerned;
account for a significant share of the economic activities referred to in Article 157(1), point (a);
do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.
in paragraph 3, point (d) is replaced by the following:
withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer fulfilled;’;
Article 164 is amended as follows:
paragraph 2 is replaced by the following:
paragraph 4 is amended as follows:
points (l), (m) and (n) are replaced by the following:
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;
the prevention and management of phytosanitary, animal health, food safety or environmental risks;
the management and valorisation of by-products.’;
the second subparagraph is replaced by the following:
‘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.’;
Article 165 is replaced by the following:
‘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).’;
the following Article is inserted:
‘Article 166a
Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication
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:
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
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.
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.
The rules referred to in paragraph 1:
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;
shall have effect only on the product and, where applicable, the raw material, concerned;
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;
shall not damage trade in products other than those concerned by those rules;
shall not relate to any transaction after the first marketing of the product concerned;
shall not allow for price fixing, including where prices are set for guidance or recommendation;
shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;
shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;
shall contribute to maintaining the quality of the product concerned or to the development of the product concerned.
shall be without prejudice to Article 149 and Article 152(1a).
in Article 168(4), point (c)(i) is replaced by the following:
the price payable for the delivery, which shall:
Article 172 is deleted.
Article 172a is replaced by the following:
‘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.’;
in Article 182(1), the second subparagraph is replaced by the following:
‘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 %.’;
Articles 192 and 193 are deleted;
in Chapter IV, the following Article is added:
‘Article 193a
Suspension of import duties for molasses
in Part III, Chapter VI, containing Articles 196 to 204, is deleted;
in Article 206, the first paragraph is replaced by the following:
‘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.’;
Article 208 is replaced by the following:
‘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.’;
Article 210 is amended as follows:
paragraphs 1 and 2 are replaced by the following:
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.
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.’;
paragraphs 3, 5 and 6 are deleted;
the following Article is inserted:
‘Article 210a
Vertical and horizontal initiatives for sustainability
For the purposes of paragraph 1, “sustainability standard” means a standard which aims to contribute to one or more of the following objectives:
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;
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
animal health and animal welfare.
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.
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.’;
Article 212 is deleted;
Article 214a is replaced by the following:
‘Article 214a
National payments for certain sectors in Finland
Subject to authorisation by the Commission, for the period 2023-2027, Finland may continue to grant national aids which it granted in 2022 to producers on the basis of this Article provided that:
the total amount of income aid is degressive over the whole period and in 2027 does not exceed 67 % of the amount granted in 2022; and
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.’;
in Article 218(2), the row for the United Kingdom is deleted;
Article 219(1) is amended as follows:
the first subparagraph is replaced by the following:
the fourth subparagraph is replaced by the following:
‘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.’;
Part V, Chapter I, Section 2, is amended as follows:
the title is replaced by the following:
‘Market support measures related to animal diseases and plant pests and loss of consumer confidence due to public, animal or plant health risks’;
Article 220 is amended as follows:
the title is replaced by the following:
‘Measures concerning animal diseases and plant pests and the loss of consumer confidence due to public, animal or plant health risks’;
in paragraph 1, point (a) is replaced by the following:
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’;
in paragraph 2, the following point is inserted:
fruit and vegetables;’;
paragraph 4 is replaced by the following:
in Part V, the following Chapter and Articles are inserted:
‘Chapter Ia
Market transparency
Article 222a
Union market observatories
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:
production, supply and stocks;
prices, costs and, as far as possible, profit margins at all levels of the food supply chain;
short- and medium-term market forecasts;
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.
Article 222b
Commission reporting on market developments
in Article 223(1), the second subparagraph is replaced by the following:
‘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.’;
Article 225 is amended as follows:
point (a) is deleted;
points (b) and (c) are deleted;
point (d) is replaced by the following:
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;’;
the following points are inserted:
by 31 December 2023 on the Union market observatories set up in accordance with Article 222a;
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;
by 31 December 2024 on the use of new information and communication technologies to ensure better market transparency as referred to in Article 223;
by 30 June 2024 on sales designations and carcass classification in the sheepmeat and goatmeat sector;’;
in Part V, Chapter III, containing Article 226, is deleted.
Annex I is amended as follows:
in Part I(a), the first and second row (CN codes 0709 99 60 and 0712 90 19 ) are deleted;
in Part I(d), the entry in the first row (CN code 0714 ) is replaced by the following:
‘ 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;’;
Part IX is amended as follows:
the description in the fifth row (CN code 0706 ) is replaced by the following:
‘Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots ( 1 ), fresh or chilled
the description in the eighth row (CN code ex 07 09) is replaced by the following:
‘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 ’;
the following rows are inserted:
‘ 0714 20 sweet potatoes
ex 0714 90 90 Jerusalem artichokes’;
in Part X, the exclusions for sweetcorn are deleted;
in Part XII, the following entry is added:
ex 2202 99 19 : - - - Other, de-alcoholised wine with an alcoholic strength by volume not exceeding 0,5 % vol.’;
in Part XXIV, Section 1, the entry ‘0709 60 99 ’ is replaced by the following:
‘ ex 0709 60 99 : - - - Other, of genus Pimenta’;
in Annex II, Part II is amended as follows:
in Section A, point 4, the second sentence is deleted;
Section B is deleted;
Annex III is amended as follows:
the title is replaced by the following:
‘STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 1a OF REGULATION (EU) No 1370/2013 ( *6 )
in Part B, Section I is deleted;
Annex VI is deleted;
Annex VII is amended as follows:
Part I is amended as follows:
in point II, the following subparagraph is added:
‘At the request of a group referred to in Article 3(2) of Regulation (EU) No 1151/2012, the relevant Member State may decide that the conditions referred to in this point do not apply to the meat of bovine animals with a protected designation of origin or protected geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before 29 June 2007.’;
in point III.1(A), the row for the United Kingdom is deleted;
in point III.1(B), the row for the United Kingdom is deleted;
Part II is amended as follows:
the following introductory wording is added:
‘The categories of grapevine products shall be those set out in points (1) to (17). The categories of grapevine products set out in point (1) and points (4) to (9) may undergo a total or partial de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, after having fully attained their respective characteristics as described in those points.’;
in point 3, point (a) is replaced by the following:
with an actual alcoholic strength of not less than 15 % by volume and not more than 22 % by volume. Exceptionally, and for wines of prolonged ageing, those limits may differ in certain liqueur wines with a designation of origin or geographical indication on the list established by the Commission by means of delegated acts adopted in accordance with Article 75(2), on the condition that:
Appendix I is amended as follows:
point 1(c) is replaced by the following:
in Belgium, Denmark, Estonia, Ireland, Lithuania, the Netherlands, Poland and Sweden: the wine-growing areas of these Member States;’
in point 2(g), the word ‘area’ is replaced by ‘wine-growing region’;
point 4(f) is replaced by the following:
in Romania, areas planted with vines in the following wine-growing regions: Dealurile Munteniei și Olteniei with the vineyards Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions;’;
point 4(g) is replaced by the following:
in Croatia, areas planted with vines in the following sub-regions: Hrvatska Istra, Hrvatsko primorje and Dalmatinska zagora;’;
in point 6, the following point is added:
in Croatia, areas planted with vines in the following sub-regions: Sjeverna Dalmacija and Srednja i Južna Dalmacija.’;
Annex VIII is amended as follows:
Part I is amended as follows:
the title is replaced by the following:
‘Enrichment, acidification, de-acidification in certain wine-growing zones and de-alcoholisation’;
in Section B, point 7(b) is replaced by the following:
raise the total alcoholic strength by volume of the products referred to in point 6 for the production of wines with a protected designation of origin or protected geographical indication to a level to be determined by Member States.’;
Section C is replaced by the following:
‘C. Acidification and de-acidification
1. Fresh grapes, grape must, partially fermented grape must, new wine still in fermentation and wine may be subject to acidification and de-acidification.
2. Acidification of the products referred to in point 1 may be carried out only up to a limit of 4 g/l expressed as tartaric acid, or 53,3 milliequivalents per litre.
3. De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.
4. Grape must intended for concentration may be partially de-acidified.
5. Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant to Article 75(2), and acidification and de-acidification of one and the same product shall be mutually exclusive processes.’;
in Section D, point 3 is replaced by the following:
Acidification and de-acidification of wines shall take place only in the wine-growing zone where the grapes used to produce the wine in question were harvested.’;
the following Section is added:
‘E. De-alcoholisation processes
Each of the de-alcoholisation processes listed below, whether used on its own or in combination with other listed de-alcoholisation processes, shall be allowed in order to reduce part or almost all of the ethanol content in grapevine products referred to in Annex VII, Part II, point 1 and points 4 to 9:
partial vacuum evaporation;
membrane techniques;
distillation.
The de-alcoholisation processes used shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine products shall not be done in conjunction with an increase of the sugar content in the grape must.’;
in Part II, Section B, point 3 is replaced by the following:
Points 1 and 2 shall not apply to products intended for the production, in Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation “wine”.’;
in Annex X, point II, paragraph 2 is replaced by the following:
The price referred to in paragraph 1 shall apply to sugar beet of sound, fair and marketable quality having a sugar content of 16 % at the reception point.
The price shall be adjusted by price increases or reductions, agreed by the parties in advance, to allow for deviations from the quality referred to in the first subparagraph.’;
in Annex X, point XI, paragraph 1 is replaced by the following:
Agreements within the trade as described in Annex II, Part II, Section A, point 6, shall contain conciliation or mediation mechanisms and arbitration clauses.’;
Annexes XI, XII and XIII are deleted.
Article 2
Amendments to Regulation (EU) No 1151/2012
Regulation (EU) No 1151/2012 is amended as follows:
in Article 1(2), point (b) is replaced by the following:
value-adding attributes resulting from the farming or processing methods used in their production, or from the place of their production or marketing, or from their possible contribution to sustainable development.’;
in Article 2, paragraphs 2 and 3 are replaced by the following:
in Article 5, paragraphs 1 and 2 are replaced by the following:
For the purpose of this Regulation, a “designation of origin” is a name, which may be a traditionally used name, which identifies a product:
originating in a specific place, region or, in exceptional cases, country;
whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and
the production steps of which all take place in the defined geographical area.
For the purpose of this Regulation, a “geographical indication” is a name, including a traditionally used name, which identifies a product:
originating in a specific place, region or country;
whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and
at least one of the production steps of which takes place in the defined geographical area.’;
in Article 6, paragraph 2 is replaced by the following:
The conditions referred to in the first subparagraph shall be assessed in relation to the actual use of the names in conflict, including the use of the name of the plant variety or animal breed outside its area of origin and the use of the name of a plant variety protected by another intellectual property right.’;
in Article 7, paragraph 1 is amended as follows:
point (f) is replaced by the following:
details establishing the following:
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 5(1); the details concerning human factors of that geographical environment may, where relevant, be limited to a description of the soil 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 paragraph;
as regards a protected geographical indication, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);’
the following subparagraph is added:
‘The product specification may contain a description of the contribution of the designation of origin or geographical indication to sustainable development.’;
in Article 10(1), the introductory wording is replaced by the following:
‘A reasoned statement of opposition as referred to in Article 51(1) shall be admissible only if it is received by the Commission within the time limit set out in that paragraph and if it:’;
in Article 12, paragraph 3 is replaced by the following:
Article 13 is amended as follows:
in paragraph 1, point (a) is replaced by the following:
any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits, weakens or dilutes the reputation of the protected name, including when those products are used as an ingredient;’;
the following paragraph is added:
The protection referred to in paragraph 1 shall also apply with regard to:
goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and
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 or any operator 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.’;
Article 15 is amended as follows:
in paragraph 1, the second subparagraph is replaced by the following:
‘Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2) except where an admissible statement of opposition is lodged under Article 49(3).’;
in paragraph 2, the introductory wording is replaced by the following:
‘Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to up to 15 years in duly justified cases where it is shown that:’;
the following Article is inserted:
‘Article 16a
Existing geographical indications for aromatised wine products
Names entered in the register established pursuant to Article 21 of Regulation (EU) No 251/2014 of the European Parliament and of the Council ( *7 ) shall automatically be entered in the register referred to in Article 11 of this Regulation as protected geographical indications. The corresponding specifications shall be deemed to be specifications for the purposes of Article 7 of this Regulation.
in Article 21(1), the introductory wording is replaced by the following:
in Article 23, paragraph 3 is replaced by the following:
The symbol shall be optional on the labelling of traditional specialities guaranteed which are produced outside the Union.’;
Article 24 is amended as follows:
paragraph 1 is replaced by the following:
the following paragraph is added:
the following Article is inserted:
‘Article 24a
Transitional periods for use of traditional specialities guaranteed
The Commission may adopt implementing acts granting a transitional period of up to five years to enable products the designation of which consists of or contains a name that contravenes Article 24(1) to continue to use the designation under which they were marketed on condition that an admissible statement of opposition under Article 49(3) or Article 51 shows that such name has been legally used on the Union market for at least five years preceding the date of the publication provided for in Article 50(2), point (b).
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2) except where an admissible statement of opposition is lodged under Article 49(3).’;
in Article 49, the following paragraph is added:
Article 50 is replaced by the following:
‘Article 50
Scrutiny by the Commission and publication for opposition
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 applicant of the reasons for the delay in writing.
The Commission shall, at least each month, publish the list of names for which applications for registration have been submitted to it, as well as the date of their submission.
Where, based on the scrutiny carried out pursuant to paragraph 1 of this Article, the Commission considers that the conditions laid down in Articles 5 and 6 are fulfilled as regards registration applications under the scheme set out in Title II, or that the conditions laid down in Article 18(1) and (2) are fulfilled as regards applications under the scheme set out in Title III, it shall publish in the Official Journal of the European Union:
for applications under the scheme set out in Title II, the single document and the reference to the publication of the product specification;
for applications under the scheme set out in Title III, the specification.
The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in paragraph 1 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 49(4) which either:
informs the Commission that the application has been invalidated at national level by an immediately applicable but not final judicial decision; or
requests the Commission to suspend the scrutiny referred to in paragraph 1 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.’;
Article 51 is amended as follows:
paragraphs 1, 2 and 3 are replaced by the following:
Any natural or legal person resident or established in a Member State other than that from which the application was submitted, and having a legitimate interest, may lodge a reasoned statement of opposition with the Member State in which it is resident or established within a time limit permitting an opposition to be lodged pursuant to the first subparagraph.
The authority or person that lodged the reasoned statement of opposition and the authority or body that lodged the application shall start such appropriate consultations without undue delay. They shall provide each other with the relevant information to assess whether the application for registration complies with the conditions laid down in this Regulation. If no agreement is reached, this information shall be provided to the Commission.
At any time within the period of consultations, the Commission may, at the request of the applicant, extend the deadline for the consultations by a maximum of three months.’;
paragraph 5 is replaced by the following:
in Article 52, paragraphs 1 and 2 are replaced by the following:
Article 53 is amended as follows:
the title is replaced by the following:
‘Article 53
Amendments to product specifications’;
paragraph 2 is replaced by the following:
For the purposes of this Regulation, “Union amendment” means an amendment to a product specification that:
includes a change in the name of the protected designation of origin or protected geographical indication, or in the use of that name;
risks voiding the link referred to in Article 5(1), point (b), for protected designations of origin, or the link referred to in Article 5(2), point (b), for protected geographical indications;
concerns a traditional speciality guaranteed; or
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 a temporary amendment necessary because of a natural disaster or adverse weather conditions formally recognised by the competent authorities.
Union amendments shall be approved by the Commission. The approval procedure shall follow the procedure laid down in Articles 49 to 52, mutatis mutandis.
The scrutiny of the application shall focus on the proposed amendment. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.
Standard amendments shall be approved and made public by the Member State in whose territory the geographical area of the product concerned is located and communicated to the Commission. Third countries shall approve standard amendments in accordance with the law applicable in the third country concerned and communicate them to the Commission.’;
paragraph 3 is replaced by the following:
The Commission may adopt implementing acts laying down detailed rules on the procedures for, form of and presentation of an amendment application for Union amendments, and on the procedures for and form of standard amendments and their communication to the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).’;
in Annex I, Point I, the following indents are added:
aromatised wines as defined in Article 3(2) of Regulation (EU) No 251/2014,
other alcoholic beverages, except for spirit drinks and grapevine products as defined in Annex VII, Part II, to Regulation (EU) No 1308/2013,
beeswax.’.
Article 3
Amendments to Regulation (EU) No 251/2014
the title is replaced by the following:
‘Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation and labelling of aromatised wine products and repealing Council Regulation (EEC) No 1601/91’;
in Article 1, paragraph 1 is replaced by the following:
This Regulation lays down rules on the definition, description, presentation and labelling of aromatised wine products.’;
in Article 2, point 3 is deleted;
Article 5 is amended as follows:
paragraph 4 is replaced by the following:
the following paragraphs are added:
the following Article is inserted:
‘Article 6a
Nutrition declaration and ingredients list
The labelling of aromatised wine products marketed in the Union shall contain the following mandatory particulars:
the nutrition declaration pursuant to Article 9(1), point (l), of Regulation (EU) No 1169/2011; and
the list of ingredients pursuant to Article 9(1), point (b), of Regulation (EU) No 1169/2011.
By way of derogation from paragraph 1, point (b), the list of ingredients may be provided by electronic means identified on the package or on a label attached thereto. In such cases, the following requirements apply:
no user data shall be collected or tracked;
the list of ingredients shall not be displayed with other information intended for sales or marketing purposes; and
the indication of the particulars referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011 shall appear directly on the package or on a label attached thereto.
The indication referred to in the first subparagraph, point (c), of this paragraph shall comprise the word “contains” followed by the name of the substance or product as listed in Annex II to Regulation (EU) No 1169/2011.
in Article 8, paragraph 2 is replaced by the following:
Where the name of a geographical indication of aromatised wine products protected under Regulation (EU) No 1151/2012 is written in a non-Latin alphabet, it may also appear in one or more of the official languages of the Union.’;
Article 9 is deleted;
Chapter III, containing Articles 10 to 30, is deleted.
Article 33 is amended as follows:
the following paragraph is inserted:
paragraph 3 is replaced by the following:
paragraph 5 is replaced by the following:
in Annex I, point (1)(a), the following point is added:
spirit drinks in a quantity not exceeding 1 % of the overall volume.’;
Annex II is amended as follows:
in Part A, point (3), the first indent is replaced by the following:
to which alcohol may have been added; and’
Part B is amended as follows:
in point (8), the first indent is replaced by the following:
which is obtained exclusively from red or white wine or both,’;
the following point is added:
Wino ziołowe
Aromatised wine-based drink:
which is obtained from wine and in which grapevine products represent at least 85 % of the total volume,
which has been flavoured exclusively with flavouring preparations obtained from herbs or spices or both,
which has not been coloured,
which has an actual alcoholic strength by volume of not less than 7 %’.
Article 4
Amendment to Regulation (EU) No 228/2013
The following Article is inserted:
‘Article 22a
Interbranch agreements in Réunion
Article 5
Transitional provisions
Recognised producer organisations or their associations in the fruit and vegetables sector having an operational programme as referred to in Article 33 of Regulation (EU) No 1308/2013 that has been approved by a Member State for a duration beyond 31 December 2022 shall, by 15 September 2022, submit a request to that Member State to the effect that its operational programme:
be modified to meet the requirements of Regulation (EU) 2021/2115; or
be replaced by a new operational programme approved under Regulation (EU) 2021/2115; or
continue to operate until its end under the conditions applicable under Regulation (EU) No 1308/2013.
Where such recognised producer organisations or their associations do not submit such requests by 15 September 2022, their operational programmes which were approved under Regulation (EU) No 1308/2013 shall end on 31 December 2022.
The support programmes in the wine sector referred to in Article 40 of Regulation (EU) No 1308/2013 shall continue to apply until 15 October 2023. Articles 39 to 54 of Regulation (EU) No 1308/2013 shall continue to apply after 31 December 2022 as regards:
expenditure incurred and payments made for operations implemented pursuant to that Regulation before 16 October 2023 within the aid scheme referred to in Articles 39 to 52 of that Regulation;
expenditure incurred and payments made for operations implemented pursuant to Articles 46 and 50 of that Regulation before 16 October 2025, provided that by 15 October 2023 such operations have been partially implemented and the expenditure incurred amounts to at least 30 % of the total planned expenditure and that such operations are fully implemented by 15 October 2025.
Article 6
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Article 1, points (8)(d)(i), (8)(d)(iii), (10)(a)(ii) and (38), shall apply from 1 January 2021.
Article 2, point (19)(b), shall apply from 8 June 2022.
Article 1, points (1), (2)(b), (8)(a), (8)(b), (8)(e), (18), (31), (35), (62), (68)(a), (69) and (73), shall apply from 1 January 2023.
Article 1, points (32)(a)(ii) and (32)(c), and Article 3, point (5), shall apply from 8 December 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
( *1 ) Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agriculture policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187).’;
( *2 ) Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council (OJ L 435, 6.12.2021, p1).’;
( *3 ) Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 336, 23.12.2015, p. 1).
( *4 ) Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (OJ L 154, 16.6.2017, p. 1).’;
( *5 ) Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).’;
( 1 ) This includes swedes.’;
( *6 ) Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013, p. 12);’;
( *7 ) Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and repealing Council Regulation (EEC) No 1601/91 (OJ L 84, 20.3.2014, p. 14).’;