HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
20.12.2013 Official
Journal
of
the
European
Union L
347/671
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
those covering more than one agricultural sector,
EUROPEAN UNION,
including by ensuring that non-essential elements of
measures may be adopted by the Commission by way
of delegated acts.
Having regard to the Treaty on the Functioning of the European
Union, and in particular the first subparagraph of Article 42
and Article 43(2) thereof,
(2) This
Regulation
should
contain
all
the
basic
elements
of
the common organisation of the markets in agricultural
products.
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national
(3) This
Regulation
should
apply
to
all
agricultural
products
parliaments,
listed in Annex I to the Treaty on the European Union
(TEU) and to the Treaty on the Functioning of the
European Union (TFEU) (together, "the Treaties") in
Having regard to the opinion of the Court of Auditors (
order to ensure the existence of a common organisation

1 ),
of the market for all such products, as required by
Article 40(1) TFEU.
Having regard to the opinions of the European Economic and
Social Committee ( 2 ),
(4) It
should
be
clarified
that
Regulation
(EU)
No
1306/2013
of the European Parliament and of the Council ( 6 ) and
Having regard to the opinion of the Committee of the
the provisions adopted pursuant to it should in principle
Regions ( 3 ),
apply to the measures set out in this Regulation. In
particular, Regulation (EU) No 1306/2013 lays down
provisions guaranteeing compliance with obligations
Acting in accordance with the ordinary legislative procedure ( 4 ),
laid down by provisions relating to the CAP, including
checks and the application of administrative measures
and administrative penalties in case of non-compliance,
Whereas:
and rules related to the lodging and releasing of securities
and the recovery of undue payments.
(1) The
Communication
from
the
Commission
to
the
European Parliament, the Council, the European
(5)
Pursuant to Article 43(3) TFEU, the Council is to adopt
Economic and Social Committee and the Committee of
measures on fixing prices, levies, aid and quantitative
the Regions entitled "The CAP towards 2020: Meeting
limitations. In the interest of clarity, where Article 43(3)
the food, natural resources and territorial challenges of
TFEU applies, this Regulation should explicitly refer to
the future" sets out potential challenges, objectives and
the fact that measures will be adopted by the Council on
orientations for the Common Agricultural Policy ("the
that legal basis.
CAP") after 2013. In the light of the debate on that
Communication, the CAP should be reformed with
effect from 1 January 2014. That reform should cover
all the main instruments of the CAP, including Council
(6) In
order
to
supplement
or
amend
certain
non-essential
Regulation (EC) No 1234/2007 (
elements of this Regulation, the power to adopt acts in

5 ). In view of the scope
of the reform, it is appropriate to repeal that Regulation
accordance with Article 290 TFEU should be delegated to
and to replace it with a new regulation on the common
the Commission. It is of particular importance that the
organisation of the markets in agricultural products. The
Commission carry out appropriate consultations during
reform should also, as far as possible, harmonise,
its preparatory work, including at expert level. The
streamline and simplify the provisions, particularly
Commission, when preparing and drawing up delegated
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
( 1 ) Opinion of 8 March 2012 (not yet published in the Official Journal).
European Parliament and to the Council.
( 2 ) OJ C 191, 29.6.2012, p. 116, and OJ C 44, 15.2.2013, p. 158.
( 3 ) OJ C 225, 27.7.2012, p. 174.
( 4 ) Position of the European Parliament of 20 November 2013 (not yet
( 6 ) Regulation (EU) No 1306/2013 of the European Parliament and of
published in the Official Journal).
Council of 17 December 2013 on the financing, management and
( 5 ) Council Regulation (EC) No 1234/2007 of 22 October 2007 estab
monitoring of the common agricultural policy and repealing Council
lishing a common organisation of agricultural markets and on
Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98,
specific provisions for certain agricultural products (Single CMO
(EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008
Regulation) (OJ L 299, 16.11.2007, p. 1).
(See page 549 of this Official Journal).

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L 347/672
EN
Official Journal of the European Union
20.12.2013
(7) Certain
definitions
concerning
certain
sectors
should
be
is particularly important to clarify that only intervention
set out in this Regulation. In order to take into account
prices for public intervention correspond to the applied
the specific characteristics of the rice sector, the power to
administered prices referred to in the first sentence of
adopt certain acts should be delegated to the
paragraph 8 of Annex 3 to the WTO Agreement on
Commission in respect of amending the definitions
Agriculture (i.e. market price support). In this context,
concerning the rice sector to the extent necessary to
it should be understood that market intervention can
update them in the light of market developments.
take the form of public intervention, as well as of
other forms of intervention that do not use ex-ante
established price indications.
(8) This
Regulation
refers
to
the
description
of
products
and
contains references to the headings or subheadings of the
combined nomenclature. Amendments to the Common
(13) As appropriate to each sector concerned in the light of
Customs Tariff nomenclature may necessitate
the practice and experience under previous common
consequential technical adjustments to this Regulation.
organisations of the markets (CMOs), the system of
In order to take into account such amendments, the
public intervention should be available during certain
power to adopt certain acts should be delegated to the
periods of the year and should, during those periods,
Commission in respect of making the necessary technical
either be open on a permanent basis or be opened
adjustments. In the interests of clarity and simplicity,
depending on market prices.
Council Regulation (EEC) No
234/79
( 1 ), which
currently provides for such a power, should be repealed
and the power integrated into this Regulation.
(14) Public
intervention
price
should
consist
of
a
fixed
price
for certain quantities for some products and in other
(9) Marketing
years
should
be
fixed
for
cereals,
rice,
sugar,
cases should depend on tendering, reflecting the
dried fodder, seeds, wine, olive oil and table olives, flax
practice and experience under previous CMOs.
and hemp, fruit and vegetables, processed fruit and
vegetables, bananas, milk and milk products, and silk
worms, and adapted as far as possible to the biological
production cycles of each of those products.
(15) This
Regulation
should
provide
for
the
possibility
of
disposal of products bought in public intervention.
Such measures should be taken in a way that avoids
market disturbances and that ensures equal access to
(10) In order to stabilise the markets and to ensure a fair
goods and equal treatment of purchasers.
standard of living for the agricultural community, a
differentiated system of market support for the different
sectors has been developed and direct support schemes
have been introduced, taking into account the different
(16) The
existing
scheme
for
food
distribution
to
the
most
needs in each of these sectors on the one hand and the
deprived in the Union adopted under the CAP should be
interdependence between different sectors on the other.
the subject of a separate Regulation adopted to reflect the
Those measures take the form of public intervention or
social cohesion objectives of that scheme. Provision
the payment of aid for private storage. There continues
should nevertheless be made in this Regulation to
to be a need to maintain market support measures whilst
allow for the disposal of products held in public inter
streamlining and simplifying them.
vention by making them available for use in that scheme.
(11) Union
scales
for
the
classification,
identification
and
pres
entation of carcasses in the beef and veal, pigmeat and
(17) To achieve the aim of balancing the market and stabi
sheepmeat and goatmeat sectors should be fixed for the
lising the market prices, it may be necessary to grant aid
purpose of recording prices and applying the inter
for private storage of specific agricultural products. In
vention arrangements in those sectors. Moreover, such
order to provide for market transparency, the power to
Union scales pursue the objective of improving market
adopt certain acts should be delegated to the
transparency.
Commission in respect of laying down the conditions

under which it may decide to grant private storage aid,
taking into account the market situation.
(12) For
the
sake
of
clarity
and
transparency,
the
provisions
on public intervention should be made subject to a
common structure, whilst maintaining the policy
(18) In
order
to
ensure
that
products
bought
in
under
public
pursued in each sector. For that purpose, it is appropriate
intervention or subject to aid for private storage are
to distinguish between reference thresholds and inter
suitable for long-term storage and are of sound, fair
vention prices and to define the latter. In doing so, it
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
( 1 ) Council Regulation (EEC) No 234/79 of 5 February 1979 on the
procedure for adjusting the Common Customs Tariff nomenclature
operation of public intervention and private storage,
used for agricultural products (OJ L 34, 9.2.1979, p. 2).
the power to adopt certain acts should be delegated to

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/673
the Commission in respect of laying down the
(24) The consumption of fruit and vegetables, as well as of
requirements and conditions to be met by those
milk and milk products by school children should be
products concerning their quality and eligibility, in
encouraged with a view to durably increasing the share
addition to the requirements laid down in this Regu
of those products in the diets of children at the stage
lation.
when their eating habits are being formed, thereby
contributing to the achievement of the objectives of the
CAP in particular stabilising markets and ensuring the
availability of both current and future supplies. Union
(19) In
order
to
take
account
of
the
specific
characteristics
of
aid to finance or co-finance the supply to children in
the cereals and paddy rice sectors, the power to adopt
educational establishments of such products should
certain acts should be delegated to the Commission in
therefore be promoted.
respect of laying down the quality criteria as regards
buying-in and sales of those products.
(25) In
order
to
ensure
a
sound
budgetary
management
of
the
Union school fruit and vegetables scheme and school
(20) In
order
to
ensure
appropriate
storage
capacity
and
the
milk scheme, appropriate provisions for each one
efficiency of the public intervention system in terms of
should be established. Union aid should not be used to
cost-effectiveness, distribution and access for operators,
replace funding for any existing national school fruit and
and in order to maintain the quality of products
vegetables schemes and school milk schemes. In the light
bought in under public intervention for their disposal
of budgetary constraints, Member States should
at the end of the storage period, the power to adopt
nonetheless be able to replace their financial contribution
certain acts should be delegated to the Commission in
to those schemes with contributions from the private
respect of the requirements to be fulfilled by storage
sector. In order to make their school fruit and vegetables
places for all products subject to public intervention,
schemes effective, accompanying measures may be
rules on the storage of products inside and outside the
necessary for which they should be allowed to grant
Member State responsible for them and their treatment
national aid. Member States participating in the
as regards customs duties and any other amounts to be
schemes should publicise the subsiding role of the
granted or levied under the CAP.
Union aid.
(21) In
order
to
ensure
that
private
storage
has
the
desired
(26) In
order
to
promote
the
healthy
eating
habits
of
children
effect on the market, the power to adopt certain acts
and to ensure that the aid is targeted at children in
should be delegated to the Commission in respect of
regular attendance at educational establishments admin
rules and conditions applicable where the quantity
istered or recognised by Member States, the power to
stored is lower than the contracted quantity; the
adopt certain acts should be delegated to the
conditions for granting an advance payment; and the
Commission in respect of the school fruit and vegetables
conditions applicable to the re-marketing and disposal
scheme concerning the additional criteria related to the
of products covered by private storage contracts.
targeting of aid, the approval and selection of aid
applicants and the drawing-up of national or regional
strategies and on accompanying measures.
(22) In order to ensure the proper functioning of the public
intervention and private storage systems, the power to
adopt certain acts should be delegated to the
Commission in respect of providing for the use of
(27) In
order
to
ensure
the
efficient
and
targeted
use
of
Union
tendering procedures, and laying down additional
funds, the power to adopt certain acts should be
conditions to be fulfilled by operators and a requirement
delegated to the Commission in respect of the school
for them to lodge a security.
fruit and vegetables scheme concerning the method for
reallocating aid between Member States on the basis of
requests for aid applications received, the costs eligible
for Union aid, including the possibility of fixing an
overall ceiling for such costs, and the obligation for
(23) In
order
to
take
account
of
technical
developments
and
Member States to monitor and evaluate the effectiveness
of the needs of the beef and veal, pigmeat and sheepmeat
of their school fruit and vegetables schemes.
and goatmeat sectors, as well as of the need to stan
dardise the presentation of the different products for
the purposes of improving market transparency, price
recording and the application of the market intervention
measures, the power to adopt certain acts should be
(28) In
order
to
promote
awareness
of
the
school
fruit
and
delegated to the Commission in respect of adapting
vegetables scheme, the power to adopt certain acts
and updating Union scales for the classification of
should be delegated to the Commission in respect of
carcasses in those sectors, as well as in respect of
requiring participating Member States with a school
laying down certain related additional provisions and
fruit and vegetables scheme to publicise the subsidising
derogations.
role of the Union aid.

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L 347/674
EN
Official Journal of the European Union
20.12.2013
(29) In order to take into account the evolution in
improve the production quality of olive oil and table
consumption patterns for dairy products, the innovations
olives, the power to adopt certain acts should be
and developments on the dairy products market, the
delegated to the Commission in respect of the specific
availability of products on the different markets of the
measures that can be financed by the Union aid and the
Union and nutritional aspects, the power to adopt certain
activities and costs that cannot be so financed; the
acts should be delegated to the Commission in respect of
minimum allocation of Union financing to specific
the school milk scheme in respect of the products that
areas; the requirement to lodge a security; and the
are eligible for the scheme, the Member States' national
criteria to be taken into account by Member States in
or regional strategies, including accompanying measures
the selection and approval of work programmes.
where applicable, and the monitoring and evaluation of
the scheme.
(36) This
Regulation
should
make
a
distinction
between
fruit
and vegetables on the one hand, comprising fruit and
(30) In
order
to
ensure
that
the
appropriate
beneficiaries
and
applicants qualify for Union aid and that it is used effi
vegetables for direct consumption and fruit and
ciently and effectively, the power to adopt certain acts
vegetables intended for processing, and processed fruit
should be delegated to the Commission in respect of the
and vegetables on the other hand. Rules on operational
rules on the beneficiaries and applicants eligible for the
funds, operational programmes and Union financial
aid, the requirement for applicants to be approved by
assistance should only apply to the first category, and
Member States, and the use of dairy products in the
both types of fruit and vegetables within that category
preparation of meals in educational establishments.
should be treated in a similar way.


(31) In
order to ensure that aid applicants respect their
(37) The
production
of
fruit
and
vegetables
is
unpredictable
obligations, the power to adopt certain acts should be
and the products are perishable. Even limited surpluses
delegated to the Commission in respect of the
can significantly disturb the market. Therefore, measures
requirement to lodge a security where an advance of
for crisis management should be established and those
aid is paid.
measures should continue to be integrated into oper
ational programmes.
(32) In
order to promote awareness of the school milk
scheme, the power to adopt certain acts should be
delegated to the Commission in respect of the conditions
(38) The production and marketing of fruit and vegetables
in accordance with which Member States are to publicise
should fully take into account environmental concerns,
their participation in that scheme and the fact that it is
including cultivation practices, management of waste
subsidised by the Union.
materials and disposal of products withdrawn from the
market, in particular as regards protection of water
quality, maintenance of biodiversity and the upkeep of
the countryside.
(33) In order to ensure that the aid is reflected in the price of
the products, the power to adopt certain acts should be
delegated to the Commission in respect of the estab
lishment of price monitoring under the school milk
(39) Support for setting up producer groups should be
scheme.
provided for all sectors in all Member States under
rural development policy. The specific support in the
fruit and vegetables sector should therefore be discon
tinued.
(34) Union
financing
is
required
to encourage
recognised
producer organisations, associations of producer organi
sations or interbranch organisations to draw up work
programmes for the purpose of improving the
production and marketing of olive oil and table olives.
(40) In
order
to
give
producer
organisations
and
their
associ
In that context, this Regulation should provide for Union
ations in the fruit and vegetables sector greater respon
support to be allocated in accordance with the priorities
sibility for their financial decisions and to direct the
given to the activities undertaken within the respective
public resources assigned to them towards future require
work programmes. However, co-financing should be
ments, terms should be set out for the use of those
reduced in order to improve the efficiency of such
resources. Joint financing of operational funds set up
programmes.
by producer organisations and their associations is an
appropriate solution. Additional scope for financing
should be permitted in particular cases. Operational
funds should only be used to finance operational
(35) In
order
to
ensure
the
efficient
and
effective
use
of
the
programmes in the fruit and vegetables sector. In order
Union aid granted to producer organisations, associations
to control Union expenditure, there should be a cap on
of producer organisations or interbranch organisations in
assistance granted to producer organisations and their
the olive oil and table olives sector and in order to
associations that establish operational funds.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/675
(41) In
regions
where
the
organisation
of
production
in
the
year 2015 under Article 103n of Regulation (EC)
fruit and vegetables sector is weak, granting of additional
No 1234/2007 and subject to the conditions set out in
national financial contributions should be allowed. In the
that provision.
case of Member States which are at a particular
disadvantage with regard to structures, such
contributions should be reimbursed by the Union.
(47) In
order
to
ensure
that
Member
States'
wine
support
programmes meet their objectives and that there is an
efficient and effective use of the Union funds, the power
(42) In order to ensure an efficient, targeted and sustainable
to adopt certain acts should be delegated to the
support of producer organisations and their associations
Commission in respect of: rules on the responsibility
in the fruit and vegetables sector, the power to adopt
for expenditure between the date of receipt by the
certain acts should be delegated to the Commission in
Commission of the support programmes and modifi
respect of operational funds and operational
cations to support programmes, and their date of appli
programmes, the national framework and national
cability; rules on the content of support programmes and
strategy for operational programmes concerning the
the expenditure, administrative and personnel costs and
obligation to monitor and evaluate the effectiveness of
operations that may be included in Member States'
the national framework and the national strategies;
support programmes and the conditions for, and the
Union financial assistance; crisis prevention and
possibility to make, payments through intermediaries in
management measures; and national financial assistance.
the case of support for harvest insurance; rules on the
requirement to lodge a security where an advance
payment is made; rules on the use of certain terms;
rules on the fixing of a ceiling for expenditure on the
replanting of vineyards for health or phytosanitary
(43) It
is
important
to
provide
for
support
measures
in
the
reasons; rules on the avoidance of double funding of
wine sector which strengthen competitive structures.
projects; rules under which producers are to withdraw
While those measures should be defined and financed
the by-products of winemaking, and on exceptions to
by the Union, it should be left to Member States to
that obligation in order to avoid additional administrative
select an appropriate set of measures to meet the needs
burden, and rules for the voluntary certification of
of their regional bodies, taking into account their particu
distillers; and rules allowing Member States to establish
larities, where necessary, as well as integrate them into
conditions for the proper functioning of support
national support programmes. Member States should be
measures.
responsible for the implementation of such programmes.
(48) Beekeeping is characterised by the diversity of production
conditions and yields and the dispersion and variety of
(44) One key measure eligible for national support
economic operators, both at the production and
programmes should be the promotion and marketing
marketing stages. Moreover, in view of the increasing
of Union wines. Support for innovation can increase
incidence on bee health of certain types of hive
the marketability and competitiveness of Union
invasions, and in particular of the spread of varroasis
grapevine products. Restructuring and conversion
in several Member States in recent years and the
activities should continue to be covered on account of
problems which that disease causes to honey production,
their positive structural effects on the wine sector.
action by the Union continues to be necessary as
Support should also be available for investments in the
varroasis cannot be completely eradicated and is to be
wine sector which are geared towards improving the
treated with approved products. Given such circum
economic performance of the enterprises. Support for
stances, and in order to improve the production and
by-product distillation should be a measure available to
marketing of apiculture products in the Union, national
Member States which desire to use such an instrument to
programmes for the sector should be drawn up every
ensure the quality of wine, while protecting the
three years with a view to improving the general
environment.
conditions for the production and marketing of
apiculture products. Those national programmes should
be partly financed by the Union.
(45) Preventive
instruments
such
as
harvest
insurance,
mutual
funds and green harvesting should be eligible for support
under the wine support programmes so as to encourage
(49) The
measures
which
may
be
included
in
the
apiculture
a responsible approach to crisis situations.
programmes should be specified. In order to ensure that
the Union aid scheme is adapted to the latest devel
opments and that the measures covered are effective in
improving the general conditions for the production and
marketing of apiculture products, the power to adopt
(46) The
provisions
on
support
to
vine-growers
by
way
of
certain acts should be delegated to the Commission in
allocation of payment entitlements as decided by
respect of updating the list of measures, by adapting
Member States were made definitive from the financial
existing measures or adding new measures.

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L 347/676
EN
Official Journal of the European Union
20.12.2013
(50) In
order
to
ensure
the
effective
and
efficient
use
of
Union
and the support for structural measures and promotion
funds for apiculture, the power to adopt certain acts
of wine exports have enabled a better adaptation to
should be delegated to the Commission in respect of
decreasing demand at Union level, resulting from a
the avoidance of double funding between Member
progressive decrease in consumption in traditional
States' apiculture programmes and rural development
wine-producing Member States.
programmes and the basis of the allocation of the
Union's financial contribution to each participating
Member State.
(55) However, the perspectives
of progressive growth of
demand at world market level provide an incentive to
increase supply capacity, and therefore to plant new
(51) In accordance with Council Regulation (EC)
vines, over the next decade. While the key objective of
No 73/2009 ( 1 ), the hops area payment was decoupled
increasing the competitiveness of the Union wine sector
from 1 January 2010. In order to allow the hop
should be pursued in order not to lose market share in
producer organisations to continue their activities as
the world market, an excessively rapid increase in new
before, a specific provision should be made for equivalent
vine plantings in response to forecasted development in
amounts to be used in the Member State concerned for
international demand may lead again to a situation of
the same activities. In order to ensure that the aids
excessive supply capacity in the medium-term, with
finance the aims of producer organisations, as set out
possible social and environmental effects in specific
in this Regulation, the power to adopt certain acts
wine production areas. In order to ensure an orderly
should be delegated to the Commission in respect of
growth of vine plantings during the period between
aid applications, rules on eligible hop areas and the calcu
2016 and 2030, a new system for the management of
lation of aids.
vine plantings should be established at Union level, in the
form of a scheme of authorisations for vine plantings.
(52) Union
aid
for
silkworm
rearing
should
be
decoupled
and
integrated into the direct payments system following the
approach taken for aids in other sectors.
(56) Under
this
new
system,
authorisations
for
vine
plantings
may be granted without a cost being charged to
producers, and should expire after three years if they
are not used. This would contribute to the swift and
direct use of the authorisations by the wine producers
(53) The aid for Union-produced skimmed milk and
to whom they are granted, thereby avoiding speculation.
skimmed-milk powder intended for use as a feedingstuff
and for processing into casein and caseinates has not
proved effective in supporting the market and should
therefore be discontinued, along with the rules
concerning the use of casein and caseinates in the manu
(57) The growth of new vine plantings should be framed by a
facture of cheese.
safeguard mechanism at Union level based on the
obligation for Member States, on an annual basis, to
make available authorisations for new plantings repre
senting 1 % of the planted vine areas, while allowing
for certain flexibility in order to respond to the specific
(54) The
decision to end the transitional prohibition on
circumstances of each Member State. Member States
planting vines at Union level is justified by the
should be able to decide whether to make available
attainment of the main objectives of the reform of the
smaller areas at national or regional levels, including at
Union wine market organisation in 2008, in particular
the level of areas eligible for specific protected desig
by the end of the long-standing structural surplus of
nations of origin and protected geographical indications,
wine production and the progressive improvement of
on the basis of objective and non-discriminatory reasons,
competitiveness and market orientation of the wine
while ensuring the limitations imposed are above 0 %
sector in the Union. Such positive developments have
and are not overrestrictive in relation to the objectives
resulted from a marked decrease of vine areas across
pursued.
the Union, the exit of less competitive producers and
the phasing-out of certain market support measures
removing the incentive for investments without
economic viability. The reduction of supply capacity
(58) In
order
to
guarantee
that
authorisations
are
granted
in
a
( 1 ) Council Regulation (EC) No 73/2009 of 19 January 2009 estab
non-discriminatory manner, certain criteria should be laid
lishing common rules for direct support schemes for farmers
down, and in particular where the total number of
under the common agricultural policy and establishing certain
hectares made available by the authorisations offered by
support schemes for farmers, amending Regulations (EC)
Member States is exceeded by the total number of
No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and
repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009,
hectares requested in the applications submitted by
p. 16).
producers.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/677
(59) The
granting
of
authorisations
to
producers
grubbing
up
to the improvement of the economic conditions for the
an existing vine area should be automatic upon
production and marketing of agricultural products and
submission of an application and independently of the
their quality.
safeguard mechanism for new plantings, since it does not
contribute to the overall increase of vine areas. In specific
areas eligible for the production of wines with a
protected designation of origin or a protected
(66) Provisions
of
a
horizontal
nature
should
be
established
geographical indication, Member States should have the
for marketing standards.
possibility of restricting the granting of such authori
sations for replantings on the basis of recommendations
of recognised and representative professional organi
sations.
(67) Marketing standards should be divided between

obligatory rules for specific sectors or products and
optional reserved terms to be established on a sectoral
or product basis.
(60) This
new
scheme
of
authorisations
for
vine
plantings
should not apply to Member States not applying the
Union transitional planting rights regime and should be
optional for those Member States where, although the
(68) Marketing
standards
should,
in
principle,
apply
to
all
planting rights apply, the vine planting area is below a
agricultural products concerned that are marketed in
certain threshold.
the Union.
(61) Transitional
provisions
should
be
laid
down
in
order
to
(69) The sectors and products for which marketing standards
ensure a smooth transition from the former planting
may apply should be listed in this Regulation. However,
rights regime to the new scheme, in particular in order
in order to take account of the expectations of
to avoid excessive plantings before the start of the new
consumers and of the need to improve the quality of
scheme. Member States should have a certain flexibility
agricultural products and the economic conditions for
to decide on the deadline for the submission of requests
their production and marketing, the power to adopt
for conversion of planting rights into authorisations from
certain acts should be delegated to the Commission in
31 December 2015 to 31 December 2020.
respect of amending that list, subject to strict conditions.
(62) In
order
to
ensure
a
harmonised
and
effective
implemen
(70) In order to take account of the expectations of
tation of the new scheme of authorisations for vine
consumers and to improve the economic conditions for
plantings, the power to adopt certain acts should be
the production and marketing as well as the quality of
delegated to the Commission in respect of the conditions
certain agricultural products, and in order to adapt to
for the exemption of certain vine plantings from the
constantly changing market conditions, evolving
scheme, the rules relating to the eligibility and priority
consumer demands, and developments in relevant inter
criteria, the addition of eligibility and priority criteria, the
national standards, and in order to avoid creating
co-existence of vines to be grubbed up with newly
obstacles to product innovation, the power to adopt
planted vines, and the grounds on which Member
certain acts should be delegated to the Commission in
States may restrict the granting of authorisations for
respect of adopting marketing standards by sectors or
replantings.
products, at all stages of the marketing, as well as dero
gations and exemptions from such standards. The
marketing standards should take into account, inter
alia, the natural and essential characteristics of the
(63) The control of non-authorised plantings should be
products concerned, thereby avoiding causing substantial
carried out effectively in order to ensure the compliance
changes in the ordinary composition of the product
with the rules for the new scheme.
concerned. Moreover, the marketing standards should
take into account the possible risk of consumers being
misled, as a result of their expectations and perceptions.
(64) The application of standards for the marketing of agri
Any derogation or exemptions from the standards should
cultural products can contribute to improving the
not entail additional costs which should be borne solely
economic conditions for the production and marketing
by farmers.
and the quality of such products. The application of such
standards is therefore in the interest of producers, traders
and consumers.
(71) Marketing
standards
should
apply
to
enable
the
market
to be easily supplied with products of a standardised and
satisfactory quality, and in particular should relate to
(65) Following the Communication from the Commission on
technical definitions, classification, presentation,
agricultural product quality policy and subsequent
marking and labelling, packaging, production method,
debates, it is appropriate to maintain marketing
conservation, storage, transport, related administrative
standards by sectors or products, in order to take into
documents, certification and time limits, restrictions of
account the expectations of consumers and to contribute
use and disposal.

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20.12.2013
(72) Taking into account the interest of producers in
(78) In
order
to
ensure
that
operators
and
Member
States
communicating the product and farming characteristics,
have a clear and proper understanding of the definitions
and the interest of consumers in receiving adequate and
and sales descriptions laid down for certain sectors, the
transparent product information, it should be possible to
power to adopt certain acts should be delegated to the
determine the place of farming and/or the place of origin,
Commission in respect of the rules on their specification
on a case-by-case basis at the appropriate geographical
and application.
level, while taking into account the specific characteristics
of some sectors, in particular concerning processed agri
cultural products.
(79) In
order
to
take
into
account
the
specific
characteristics
of each product or sector, the different marketing stages,
the technical conditions, any possible considerable
(73) Special
rules
should
be
provided
in
respect
of
products
practical difficulty, and also the accuracy and repeatability
imported from third countries provided that national
of the methods of analysis, the power to adopt certain
provisions in force in third countries justify derogations
acts should be delegated to the Commission concerning
from the marketing standards and their equivalence to
tolerance for one or more specific standards in excess of
Union legislation is guaranteed. It is also appropriate to
which the entire batch of products should be considered
lay down rules relating to the application of the
not to respect the standard.
marketing standards applicable to the products
exported from the Union.
(80) Certain
oenological practices
and restrictions
for the
production of wine should be determined, in particular
(74) Products
of
the
fruit
and
vegetables
sector
intended
to
be
as regards coupage and the use of certain types of grape
sold fresh to the consumer should be marketed only if
must, grape juice and fresh grapes originating in third
they are sound, fair and of marketable quality and if the
countries. In order to meet international standards, for
country of origin is indicated. In order to ensure the
further oenological practices, the Commission should
proper application of that requirement and to take into
take into account the oenological practices recommended
account certain specific situations, the power to adopt
by the International Organisation of Vine and Wine
certain acts should be delegated to the Commission in
(OIV).
respect of specific derogations from that requirement.
(81) Rules
should
be
laid
down
for
the
classification
of
wine
(75) A
quality
policy
should
be
followed
throughout
the
grape varieties, according to which Member States
Union by applying a certification procedure for
producing more than 50
000 hectolitres per year
products of the hops sector and by prohibiting the
should continue to be responsible for classifying the
marketing of those products for which a certificate has
wine grape varieties from which wine may be made on
not been issued. In order to ensure the proper appli
their territories. Certain wine grape varieties should be
cation of that requirement and to take into account
excluded.
certain specific situations, the power to adopt certain
acts should be delegated to the Commission in respect
of measures derogating from that requirement in order to
satisfy the trade requirements of certain third countries or
(82) Member States should be able to maintain or adopt
for products intended for special uses.
certain national rules on quality levels as regards
spreadable fats.
(76) For
certain
sectors
and
products,
definitions,
designations
and sales descriptions are important elements for deter
(83) For
the
wine
sector,
Member
States
should
be
allowed
to
mining the conditions of competition. Therefore, it is
limit or to exclude the use of certain oenological prac
appropriate to lay down definitions, designations and
tices, should be allowed to keep more stringent
sales descriptions for those sectors and/or products,
restrictions for wines produced in their territory, and
which should only be used in the Union for the
should allow the experimental use of unauthorised oeno
marketing of products which comply with the
logical practices.
corresponding requirements.
(84) In
order
to
ensure
the
correct
and
transparent
application
(77) In
order
to
adapt
the
definitions
and
sales
descriptions
of national rules for certain products and sectors as
for certain products to needs resulting from evolving
regards marketing standards, the power to adopt
consumer demands, technical progress or the need for
certain acts should be delegated to the Commission in
product innovation, the power to adopt certain acts
respect of establishing conditions for the application of
should be delegated to the Commission in respect of
such marketing standards, as well as the conditions for
modifications, derogations or exemptions to definitions
the holding, circulation and use of the products obtained
and sales descriptions.
from experimental practices.

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EN
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the
European
Union L
347/679
(85) In
addition to marketing standards, optional quality
(91) Provisions
concerning
wine
should
be
applied
in
the
light
terms should be established in order to ensure that
of the international agreements concluded in accordance
terms describing specific product characteristics, or
with the TFEU.
farming or processing attributes are not misused in the
market place and can be relied on by consumers to
identify different qualities of product. In the light of
(92) The
concept
of
quality
wines
in
the
Union
is
based,
inter
the objectives of the present Regulation, and in the
alia, on the specific characteristics attributable to the
interest of clarity, existing optional quality terms should
wine's geographical origin. Such wines are identified for
be listed in this Regulation.
consumers through protected designations of origin and
geographical indications. In order to allow for a trans
parent and more elaborate framework underpinning the
claim by the products concerned to be of quality, a
(86) Member
States
should
be
allowed
to
lay
down
rules
system should be established in which applications for
concerning the disposal of wine products not
a designation of origin or a geographical indication are
complying with the requirements of this Regulation. In
examined in line with the approach followed by the
order to ensure the correct and transparent application of
Union's horizontal quality policy applicable to foodstuffs
national rules concerning wine products, the power to
other than wine and spirits, set out in Regulation (EU)
adopt certain acts should be delegated to the
No 1151/2012 of the European Parliament and of the
Commission in respect of establishing conditions for
Council ( 1 ).
the use of wine products not complying with the
requirements of this Regulation.
(93) In
order
to
preserve
the
particular
quality
characteristics
of wines with a protected designation of origin or a
protected geographical indication, Member States
(87) In
order
to
take
into
account
the
situation
in
the
market
and developments in marketing standards and in inter
should be allowed to apply more stringent rules.
national standards, the power to adopt certain acts
should be delegated to the Commission in respect of
reserving an additional optional reserved term and
(94) To
qualify
for
protection
in
the
Union,
designations
of
laying down the conditions for its use, amending the
origin and geographical indications for wine should be
conditions of use of an optional reserved term and
recognised and registered at the Union level in
cancelling an optional reserved term.
accordance with procedural rules laid down by the
Commission.
(88) In
order
to
take
into
account
the
characteristics
of
certain
(95) Protection should be open to designations of origin and
sectors and consumer expectations, the power to adopt
geographical indications of third countries where they are
certain acts should be delegated to the Commission in
protected in their country of origin.
respect of laying down further details on the
requirements for the introduction of an additional
reserved term.
(96) The
registration
procedure
should
enable
any
natural
or
legal person having a legitimate interest in a Member
State or a third country to exercise their rights by
notifying their objections.
(89) In
order
to
ensure
that
products
described
by
means
of
optional reserved terms conform to the applicable
conditions of use, the power to adopt certain acts
should be delegated to the Commission in respect of
(97) Registered
designations
of
origin
and
geographical
indi
laying down additional rules on the use of optional
cations should be protected against uses which take
reserved terms.
advantage of the reputation enjoyed by complying
products. So as to promote fair competition and not to
mislead consumers, that protection should also extend to
products and services not covered by this Regulation,
(90) In
order
to
take
account
of
the
specific
characteristics
of
including those not found in Annex I to the Treaties.
trade between the Union and certain third countries and
the special character of certain agricultural products, the
power to adopt certain acts should be delegated to the
(98) In
order
to
take
into
account
existing
labelling
practices,
Commission concerning the conditions under which
the power to adopt certain acts should be delegated to
imported products are considered to have an equivalent
the Commission in respect of permitting the use of a
level of conformity to the Union requirements
name of a wine grape variety which contains or
concerning marketing standards, and which allow for
consists of a protected designation of origin or a
measures derogating from the rules that products are
protected geographical indication.
to be marketed in the Union only in accordance with
such standards and the rules relating to the application of
( 1 ) Regulation (EU) No 1151/2012 of the European Parliament and of
the marketing standards to products exported from the
the Council of 21 November 2012 on quality schemes for agri
Union.
cultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

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(99) In
order
to
take
into
account
the
specific
characteristics
(105) In order to ensure an adequate level of protection, the
of the production in the demarcated geographical area,
power to adopt certain acts should be delegated to the
the power to adopt certain acts should be delegated to
Commission in respect of the language and the spelling
the Commission in respect of laying down the additional
of a traditional term to be protected.
criteria for the demarcation of the geographical area, and
the restrictions and derogations concerning the
production in the demarcated geographical area.
(106) In order to ensure the protection of the legitimate rights
of producers and operators, the power to adopt certain
(100) In order to ensure product quality and traceability, the
acts should be delegated to the Commission in respect of
power to adopt certain acts should be delegated to the
the type of applicants that may apply for the protection
Commission in respect of the conditions under which
of a traditional term; the conditions of validity of an
product specifications may include additional require
application for recognition of a traditional term; the
ments.
grounds for objecting to the proposed protection of a
traditional term; the scope of the protection, including
the relationship with trade marks, protected traditional
terms, protected designations of origin or geographical
(101) In order to ensure the protection of the legitimate rights
indications, homonyms, or certain wine grape names; the
or interests of producers and operators, the power to
grounds for the cancellation of a traditional term; the
adopt certain acts should be delegated to the
date of submission of an application or a request; and
Commission in respect of the type of applicant that
the procedures to be followed in respect of an appli
may apply for the protection of a designation of origin
cation for the protection of a traditional term,
or geographical indication; the conditions to be followed
including scrutiny by the Commission, the objection
in respect of an application for the protection of a desig
procedure and the procedures on cancellation and modi
nation of origin or geographical indication, scrutiny by
fication.
the Commission, the objection procedure, and
procedures for amendment, cancellation and conversion
of protected designations of origin or protected
geographical indication. That empowerment should also
(107) In order to take into account the specific characteristics
cover: the conditions applicable to trans-border appli
in trade between the Union and certain third countries,
cations; the conditions for applications relating to
the power to adopt certain acts should be delegated to
geographical areas in a third country; the date from
the Commission in respect of the conditions under which
which protection or an amendment to a protection
traditional terms may be used on products from third
applies; and the conditions relating to amendments to
countries and providing for related derogations.
product specifications.
(102) In order to ensure an adequate level of protection, the
(108) The description, designation and presentation of products
power to adopt certain acts should be delegated to the
of the wine sector covered by this Regulation can have
Commission in respect of restrictions regarding the
significant effects on their marketability. Differences
protected name.
between the laws of Member States on the labelling of
products of the wine sector may impede the smooth
functioning of the internal market. Rules should
therefore be laid down which take into account the
(103) In order to ensure that economic operators and
legitimate interests of consumers and producers. For
competent authorities are not unduly affected by the
this reason, it is appropriate to provide for Union rules
application of this Regulation to wine names which
on labelling and presentation.
have been granted protection prior to 1 August 2009,
or for which an application for protection has been made
prior to that date, the power to adopt certain acts should
be delegated to the Commission in respect of laying
(109) In order to ensure compliance with existing labelling
down transitional rules concerning such wine names,
practices, the power to adopt certain acts should be
wines placed on the market or labelled before a
delegated to the Commission in respect of laying down
specific date, and amendments to the product specifi
the exceptional circumstances in which it is justified to
cations.
omit reference to the terms "protected designation of
origin" or "protected geographical indication".
(104) Certain terms are traditionally used in the Union to
convey information to consumers about the particu
larities and the quality of wines, complementing the
(110) In order to take into account the specific characteristics
information conveyed by protected designations of
of the wine sector, the power to adopt certain acts
origin and geographical indications. In order to ensure
should be delegated to the Commission in respect of
the working of the internal market and fair competition
the presentation and use of labelling particulars other
and to avoid consumers being misled, those traditional
than those provided for in this Regulation; certain
terms should be eligible for protection in the Union.
compulsory and optional particulars; and presentation.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/681
(111) In order to ensure the protection of the legitimate
adopt certain acts should be delegated to the
interests of operators, the power to adopt certain acts
Commission in respect of: purchase terms and delivery
should be delegated to the Commission in respect of
contracts; updating the purchase terms for beet laid
temporary labelling and presentation of wines bearing a
down in this Regulation; and the criteria to be applied
designation of origin or a geographical indication where
by the sugar undertakings when allocating among beet
that designation of origin or geographical indication
sellers the quantities of beet to be covered by pre-sowing
fulfils the necessary requirements.
delivery contracts.
(112) In order to ensure that economic operators are not preju
(119) In order to take account of technical developments, the
diced, the power to adopt certain acts should be
power to adopt certain acts should be delegated to the
delegated to the Commission in respect of transitional
Commission in respect of establishing a list of products
provisions as regards wine placed on the market and
for the production of which industrial sugar, industrial
labelled in accordance with the relevant rules applying
isoglucose or industrial inulin syrup may be used.
before 1 August 2009.
(120) In order to ensure that approved undertakings producing
(113) In order to take into account the specific characteristics
or processing sugar, isoglucose or inulin syrup comply
in trade in wine sector products between the Union and
with their obligations, the power to adopt certain acts
certain third countries, the power to adopt certain acts
should be delegated to the Commission in respect of the
should be delegated to the Commission in respect of the
granting and the withdrawal of approval for such under
derogations from the rules on labelling and presentation
takings, as well as the criteria for administrative penalties.
as regards products to be exported where required by the
law of the third country concerned.
(121) In order to take into account the specific characteristics
of the sugar sector and to ensure that the interests of all
(114) Specific instruments will still be needed after the end of
parties are duly taken into account, the power to adopt
the quota system to ensure a fair balance of rights and
certain acts should be delegated to the Commission in
obligations between sugar undertakings and sugar beet
respect of the meaning of terms for the operation of the
growers. Therefore, the standard provisions governing
quota system and the conditions governing sales to
written agreements within the trade concluded between
outermost regions.
them should be established.


(115) The 2006 reform of the sugar regime introduced far-
(122) In order to ensure that the growers are closely associated
reaching changes to the Union sugar sector. In order to
with a decision to carry forward a certain quantity of
enable sugar beet growers to complete their adaptation
production, the power to adopt certain acts should be
to the new market situation and to the increased market
delegated to the Commission in respect of carry-forward
orientation of the sector, the present system of sugar
of sugar.
quotas should be extended until it is abolished at the
end of the 2016/2017 marketing year.
(123) For a better management of wine-growing potential,
Member States should communicate to the Commission
(116) In order to take into account the specific characteristics
an inventory of their production potential based on the
of the sugar sector, the power to adopt certain acts
vineyard register. To encourage Member States to
should be delegated to the Commission in respect of
communicate the inventory, support for restructuring
updating the technical definitions concerning the sugar
and conversion should be limited to those Member
sector; updating the purchase terms for beet laid down in
States which have communicated the inventory.
this Regulation; and further rules on the determination of
gross weight, tare and sugar content of sugar delivered to
an undertaking, and on sugar pulp.
(124) In order to facilitate the monitoring and the verification
of the production potential by Member States, the power
to adopt certain acts should be delegated to the
(117) Recent experience has demonstrated the need for specific
Commission in respect of the content of the vineyard
measures to ensure a sufficient supply of sugar to the
register and exemptions.
Union market during the remaining period of sugar
quotas.
(125) In order to provide for a satisfactory level of traceability
of the products concerned, in particular in the interest of
(118) In order to take into account the specific characteristics
consumer protection, it should be a requirement for all
of the sugar sector and to ensure that the interests of all
the wine sector products covered by this Regulation to
parties are duly taken into account, and given the need to
have an accompanying document when circulating
prevent any disturbance of the market, the power to
within the Union.

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L 347/682
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Official Journal of the European Union
20.12.2013
(126) In order to facilitate the transport of wine products and
(129) In view of the importance of protected designations of
the verification thereof by Member States, the power to
origin and protected geographical indications, notably for
adopt certain acts should be delegated to the
vulnerable rural regions, and in order to ensure the value-
Commission in respect of rules: on the accompanying
added and to maintain the quality of, in particular,
document and its use; on the conditions under which
cheeses benefiting from protected designations of origin
an accompanying document is to be regarded as
and protected geographical indications, and in view of
certifying protected designations of origin or
the coming expiration of the milk quota system, Member
geographical indications; on an obligation to keep a
States should be allowed to apply rules to regulate the
register and on its use; on specifying who shall keep a
entire supply of such cheese produced in the defined
register and on exemptions from the obligation to keep a
geographical area at the request of an interbranch organi
register; as well as on the operations to be included in
sation, a producer organisation or a group as defined in
the register.
Regulation (EU) No 1151/2012. Such a request should
be supported by a large majority of milk producers repre
senting a large majority of the volume of milk used for
that cheese and, in the case of interbranch organisations
and groups, it should be supported by a large majority of
cheese producers representing a large majority of the
(127) In the absence of Union legislation on formalised, written
production of that cheese.
contracts, Member States may, under national contract
law, decide to make the use of such contracts
compulsory, provided that, in doing so, Union law is
respected, and in particular that the proper functioning
of the internal market and the common market organi
sation is respected. Given the diversity of situations
(130) In order to follow developments in the market, the
across the Union, and in the interests of subsidiarity,
Commission needs timely information on volumes of
such a decision should remain with Member States.
raw milk delivered. Therefore, provision should be
However, in the milk and milk products sector, to
made to ensure that the first purchaser communicates
ensure appropriate minimum standards for such
such information to Member States on a regular basis
contracts and the proper functioning of the internal
and that the Member State notifies the Commission
market and the common market organisation, some
thereof.
basic conditions for the use of such contracts should
be laid down at the Union level. All such basic
conditions should be freely negotiated. Since some
dairy co-operatives possibly have rules with similar
effect in their statutes, they should, in the interests of
simplicity, be exempted from the requirement to enter
into a contract. In order to strengthen the effectiveness of
(131) Producer organisations and their associations can play
such system of contracts, Member States should decide
useful roles in concentrating supply, in improving the
whether they should also apply where intermediate
marketing, planning and adjusting of production to
parties collect milk from farmers to deliver to processors.
demand, optimising production costs and stabilising

producer prices, carrying out research, promoting best
practices and providing technical assistance, managing
by-products and risk management tools available to
their members, thereby contributing to strengthening
the position of producers in the food chain.
(128) In order to ensure the viable development of production
and a resulting fair standard of living for dairy farmers,
their bargaining power vis-à-vis processors should be
strengthened, which should result in a fairer distribution
of added value along the supply chain. In order to attain
those CAP objectives, a provision should be adopted
(132) Interbranch organisations can play an important part in
pursuant to Article 42 and Article 43(2) TFEU to allow
allowing dialogue between actors in the supply chain,
producer organisations constituted by dairy farmers or
and in promoting best practices and market trans
their associations to collectively negotiate with a dairy
parency.
contract terms, including price, for some or all of their
members' raw milk production. In order to maintain
effective competition on the dairy market, this possibility
should be subject to appropriate quantitative limits. In
order not to undermine the effective functioning of
cooperatives, and for the sake of clarity, it should be
(133) Existing rules on the definition and recognition of
specified that, when a farmer's membership of a
producer organisations, their associations, and inter
cooperative entails an obligation, in respect of all or a
branch organisations should therefore be harmonised,
part of that farmer's milk production, to deliver raw milk,
streamlined and extended to provide for possible recog
the conditions of which are set out in the cooperative's
nition on request under statutes set out in accordance
statutes or in the rules and decisions based thereon, those
with this Regulation for certain sectors. In particular, the
conditions should not be the subject of negotiations
recognition criteria and statutes of producer organi
through a producer organisation.
sations should ensure that such bodies are formed on

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/683
the initiative of producers, and are controlled in
(139) In order to ensure the viable development of production
accordance with rules enabling the producer members
and thus a fair standard of living for producers in the
to scrutinise democratically their organisation and its
beef and veal and olive oil sectors, as well as for
decisions.
producers of certain arable crops, their bargaining
power vis-à-vis downstream operators should be
strengthened, thereby resulting in a fairer distribution
of added value along the supply chain. To achieve
those CAP objectives, recognised producer organisations
(134) Existing provisions in various sectors, boosting the
should be able to negotiate, subject to quantitative limits,
impact of producer organisations, their associations and
the terms of delivery contracts, including prices, for some
interbranch organisations by permitting Member States,
or all of their members' production, provided that those
under certain conditions, to extend certain rules of such
organisations pursue one or more of the objectives of
organisations to non-member operators, have proved
concentrating supply, the placing on the market of the
effective, and should be harmonised, streamlined and
products produced by its members and optimising
extended to all sectors.
production costs, and provided that the pursuit of
those objectives leads to the integration of activities
and such integration is likely to generate significant effi
ciencies so that the activities of the producer organisation
overall contribute to the fulfilment of the objectives of
(135) Provision should be made for the possibility of adopting
Article 39 TFEU. This could be realised provided that the
certain measures to facilitate the adjustment of supply to
producer organisation carries out certain specific
market requirements which may contribute to stabilising
activities and that these activities are significant in
the markets and to ensuring a fair standard of living for
terms of volume of production concerned and in terms
the agricultural community concerned.
of cost of the production and placing of the product on
the market.
(136) In order to encourage action by producer organisations,
associations of producer organisations and interbranch
(140) In order to ensure the added value, and to maintain the
organisations to facilitate the adjustment of supply to
quality of, in particular, cured ham benefitting from a
market requirements, with the exception of actions
protected designation of origin or a protected
relating to withdrawal from the market, the power to
geographical indication, Member States should be
adopt certain acts should be delegated to the
allowed, subject to strict conditions, to apply rules to
Commission in respect of: measures improving quality;
regulate the supply of such cured ham, provided that
promoting better organisation of production, processing
those rules are supported by a large majority of its
and marketing; facilitating the recording of market price
producers and, where appropriate, by the producers of
trends; and permitting the establishment of short and
pigs in the geographical area relating to that ham.
long-term forecasts on the basis of the means of
production used.
(141) The obligation to register all supply contracts regarding
hops produced in the Union is burdensome and should
(137) In order to improve the operation of the market for
be discontinued.
wines, Member States should be able to implement
decisions taken by interbranch organisations. The scope
of such decisions should, however, exclude practices
which could distort competition.
(142) In order to ensure that the objectives and responsibilities
of producer organisations, associations of producer
organisations and interbranch organisations are clearly
defined and to contribute to the effectiveness of their
actions without imposing an undue administrative
(138) Whereas the use of formalised written contracts in the
burden and without undermining the principle of
milk sector is covered by separate provisions, the use of
freedom of association in particular with regard to
such contracts may also help to reinforce the responsi
non-members of such organisations, the power to
bility of operators in other sectors and to increase their
adopt certain acts should be delegated to the
awareness of the need to better take into account the
Commission in respect of:
signals of the market, to improve price transmission
and to adapt supply to demand, as well as to help to
avoid certain unfair commercial practices. In the absence
of Union legislation concerning such contracts, Member
States may, under national contract law, decide to make
rules on the specific aims which may, must or must not
the use of such contracts compulsory, provided that, in
be pursued by such organisations and associations and,
doing so, Union law is complied with, and in particular
where applicable, should be added to those laid down in
that the proper functioning of the internal market and
this Regulation; the rules of such organisations and
the common market organisation is respected.
associations, the statutes of organisations other than

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producer organisations, the specific conditions applicable
export licence, and the cases and situations where the
to the statutes of producer organisations in certain
presentation of an import or export licence is not
sectors, including derogations, the structure, membership
required.
period, size democratic accountability and activities of
such organisations and associations, as well as the
effects deriving from mergers; the conditions for recog
nition, withdrawal and suspension of recognition, the
(145) In order to provide further elements of the licence
effects deriving thereof, as well as requirements to take
system, the power to adopt certain acts should be
remedial measures in the event of non-respect of the
delegated to the Commission in respect of rules on: the
recognition criteria;
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
transnational organisations and associations and the rules
to be indicated, the issue of an import licence or the
relating to administrative assistance in the case of trans
release into free circulation being subject to the presen
national cooperation; the sectors subject to Member State
tation of a document issued by a third country or an
authorisation to which outsourcing applies and the
entity certifying inter alia the origin, the authenticity and
conditions and the nature of activities which may be
the quality characteristics of the products; the transfer of
outsourced, and the provision of technical means by
the licence or restrictions on its transferability; additional
organisations or associations; the basis for calculation
conditions for import licences for hemp and the principle
of minimum volume or value of marketable production
of administrative assistance between Member States to
of organisations and associations; rules on the calculation
prevent or deal with cases of fraud and irregularities;
of the volume of raw milk covered by negotiations by a
and the cases and situations where the lodging of a
producer organisation, the acceptance of members who
security guaranteeing that the products are imported or
are not producers, in the case of producer organisations,
exported within the period of validity of the licence is or
or who are not producer organisations, in the case of an
is not required.
association of producer organisations;
(146) The essential elements of customs duties applicable to
the extension of certain rules of the organisations to
agricultural products reflecting WTO agreements and
non-members and the compulsory payment of
bilateral agreements are laid down in the Common
subscriptions by non-members, including the use and
Customs Tariff. The Commission should be empowered
allocation of such payments by those organisations and
to adopt measures for the detailed calculation of import
a list of stricter production rules which may be extended,
duties pursuant to those essential elements.
further requirements as regards representativeness, the
economic areas concerned, including Commission
scrutiny of their definition, minimum periods during
which the rules should be in force before their extension,
(147) The entry price system should be maintained for certain
the persons or organisations to whom the rules or
products. In order to ensure the efficiency of that system,
contributions may be applied, and the circumstances in
the power to adopt certain acts should be delegated to
which the Commission may require that the extension of
the Commission in respect of checking the veracity of
rules or compulsory contributions be refused or with
the declared price of a consignment using a flat-rate
drawn.
import value, and providing for the conditions under
which the lodging of a security is required.
(143) Monitoring trade flows is primarily a management issue
which should be addressed in a flexible way. The decision
(148) In order to prevent or counteract adverse effects on the
on the introduction of licence requirements should be
Union market which might result from imports of
made taking account of the need for licences, the need
certain agricultural products, imports of such products
for the management of the markets concerned and, in
should be subject to payment of an additional duty,
particular, the need for monitoring the imports or
where certain conditions are fulfilled.
exports of the products in question.
(149) It is appropriate, under certain conditions, to open and
(144) In order to take into account the international
administer import tariff quotas resulting from inter
obligations of the Union and the applicable Union
national agreements concluded in accordance with the
social, environmental and animal welfare standards, the
TFEU or from other Union legal acts. For import tariff
need to monitor the evolution of trade and market devel
quotas, the method of administration adopted should
opments and imports and exports, the need for sound
give due weight to the supply requirements of the
market management and the need to reduce the adminis
existing and emerging Union production, processing
trative burden, the power to adopt certain acts should be
and consumption markets, in terms of the competi
delegated to the Commission in respect of the list of the
tiveness, certainty and continuity of supply, and to the
products subject to the presentation of an import or
need to safeguard the equilibrium of the market.

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(150) In order to comply with the undertakings contained in
sowing should continue to be subject to a control system
the agreements concluded as part of the Uruguay Round
which provides for the importers concerned to be auth
of multilateral trade negotiations concerning tariff quotas
orised.
for the import, into Spain, of 2 000 000 tonnes of maize
and 300 000 tonnes of sorghum and tariff quotas for the
import, into Portugal, of 500 000 tonnes of maize, the
power to adopt certain acts should be delegated to the
(155) A quality policy is being pursued throughout the Union
Commission in respect of establishing the provisions
as regards products of the hops sector. In the case of
necessary for carrying out the tariff quota imports and,
imported products, the provisions ensuring that only
where appropriate, the public storage of the quantities
products complying with equivalent minimum quality
imported by the paying agencies of the Member States
characteristics are imported should be incorporated in
concerned.
this Regulation. In order to minimise the administrative
burden, the power to adopt certain acts should be
delegated to the Commission in respect of the cases in
which obligations related to an attestation of equivalence
and the labelling of packaging should not apply.
(151) In order to ensure fair access to the quantities available
and the equal treatment of operators within the tariff
quota, the power to adopt certain acts should be
delegated to the Commission in respect of: determining
the conditions and eligibility requirements that an
(156) The Union has concluded several preferential market
operator has to fulfil to submit an application within
access arrangements with third countries which allow
the tariff quota; establishing rules on the transfer of
those countries to export cane sugar to the Union
rights between operators and, where necessary, the limi
under favourable conditions. The related provisions on
tations that apply to transfers within the management of
the evaluation of the refiners' need for sugar for refining
the tariff quota; making participation in the tariff quota
and, subject to certain conditions, the reservation of
subject to the lodging of a security; and providing, where
import licences to specialised users of significant quan
necessary, for any particular specific characteristics,
tities of imported raw cane sugar who are considered to
requirements or restrictions applicable to the tariff
be full-time refiners in the Union, should be maintained
quota as set out in the international agreement or
for a certain period. In order to ensure that imported
other act concerned.
sugar for refining is refined in accordance with those

requirements, the power to adopt certain acts should
be delegated to the Commission in respect of the use
of terms for the operation of import arrangements; the
conditions and eligibility requirements that an operator
has to fulfil to lodge an application for an import licence,
(152) Agricultural products may in certain cases benefit from
including the lodging of a security, and rules on adminis
special import treatment in third countries if the
trative penalties to be imposed.
products comply with certain specifications and/or price
conditions. Administrative cooperation between the auth
orities in the importing third country and the Union is
necessary to ensure the correct application of such a
system. To that end, the products should be accompanied
(157) The customs duty system makes it possible to dispense
by a certificate issued in the Union.
with all other protective measures at the external borders
of the Union. The internal market and duty mechanism
may, in exceptional circumstances, prove to be
inadequate. In such cases, in order not to leave the
Union market without defence against the disturbances
that might ensue, the Union should be able to take all
(153) In order to ensure that products that are exported may
benefit from a special treatment on import into a third
necessary measures without delay. Such measures should
country if certain conditions are respected, pursuant to
comply with the international commitments of the
international agreements concluded by the Union in
Union.
accordance with the TFEU, the power to adopt certain
acts should be delegated to the Commission in respect of
requiring the competent authorities of Member States, on
request and after appropriate checks, to issue a document
(158) It is appropriate to enable suspension of the use of
certifying that the conditions are met.
inward and outward processing arrangements where the
Union market is disturbed or is liable to be disturbed by
such arrangements.
(154) In order to prevent illicit crops from disturbing the
market for hemp for fibre, this Regulation should
(159) Refunds on exports to third countries, based on the
provide for checks on imports of hemp and hemp seed
difference between prices within the Union and on the
to ensure that such products offer certain guarantees with
world market, and falling within the limits set by the
regard to their tetrahydrocannabinol content. In addition,
commitments made within the WTO, should be
imports of hemp seed intended for uses other than
retained as a measure which may cover certain

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products to which this Regulation applies where the
or present an export licence may not be required, desig
conditions in the internal market are such as those
nating destinations or operations where an exemption
described for exceptional measures. Subsidised exports
from the obligation to present an export licence can be
should be subject to limits in terms of value and
justified, and permitting, in justified situations, export
quantity, and, without prejudice to the application of
licences to be granted ex-post.
exceptional measures, the refund available should be
zero.
(165) In order to address practical situations justifying the full
or partial eligibility for export refunds, and in order to
(160) Compliance with the limits expressed in terms of value
help operators bridge the period between the application
should be ensured at the time when the export refunds
for and the final payment of the export refund, the
are fixed through the monitoring of payments under the
power to adopt certain acts should be delegated to the
rules relating to the European Agricultural Guarantee
Commission in respect of rules on: another date for the
Fund. Monitoring should be facilitated by the compulsory
refund; advance payment of export refunds, including the
advance fixing of export refunds, while providing for the
conditions for the lodging and release of a security;
possibility, in the case of differentiated refunds, of
additional proof where doubts exist as to the real desti
changing the specified destination within a geographical
nation of products, and the opportunity for re-
area to which a single export refund rate applies. In the
importation into the customs territory of the Union;
case of a change of destination, the export refund
destinations treated as exports from the Union, and the
applicable to the actual destination should be paid,
inclusion of destinations within the customs territory of
with a ceiling on the amount applicable to the desti
the Union eligible for export refunds.
nation fixed in advance.
(166) In order to ensure equal access to export refunds for
exporters of products listed in Annex I to the Treaties
(161) Compliance with the quantity limits should be ensured
and of products processed therefrom, the power to adopt
by a reliable and effective system of monitoring. To that
certain acts should be delegated to the Commission in
end, the granting of export refunds should be made
respect of applying certain rules for agricultural products
subject to an export licence. Export refunds should be
to products exported in the form of processed goods.
granted up to the limits available, depending on the

particular situation of each product concerned.
Exceptions to that rule should be permitted only for
processed products not listed in Annex I to the
Treaties, to which volume limits do not apply.
(167) In order to ensure that products benefiting from export
Provision should be made for a derogation from the
refunds are exported from the customs territory of the
requirement of strict compliance with management
Union and to avoid their return to that territory, as well
rules where exports benefiting from export refunds are
as to minimise the administrative burden for operators in
not likely to exceed the quantity laid down.
generating and submitting proof that refund products
reached a country of destination for differentiated
refunds, the power to adopt certain acts should be
delegated to the Commission in respect of rules on: the
time limit by which the exit from the customs territory
(162) In the case of the export of live bovine animals, export
of the Union must be finalised, including the time for
refunds should be granted and paid only if the provisions
temporary re-entry; the processing that products bene
established in Union legislation concerning animal
fiting from export refunds may undergo during that
welfare, in particular those concerning the protection of
period; the proof of having reached a destination in
animals during transport, are respected.
order to be eligible for differentiated refunds; the
refund thresholds and conditions under which exporters
may be exempted from such proof; and conditions for
approval of proof, provided by independent third parties,
of reaching a destination where differentiated refunds
(163) In order to ensure the proper functioning of the export
apply.
refund system, the power to adopt certain acts should be
delegated to the Commission in respect of the
requirement to lodge a security guaranteeing the
execution of the operator's obligations.
(168) In order to encourage exporters to respect animal welfare
conditions, and in order to enable the competent auth
orities to verify correct expenditure of export refunds
where this is conditional on respect for animal welfare
(164) In order to minimise the administrative burden for
requirements, the power to adopt certain acts should be
operators and authorities, the power to adopt certain
delegated to the Commission in respect of animal welfare
acts should be delegated to the Commission in respect
requirements outside the customs territory of the Union,
of setting thresholds below which the obligation to issue
including the use of independent third parties.

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(169) In order to take account of the specific characteristics of
(175) Without prejudice to the regulation of supply for certain
the different sectors, the power to adopt certain acts
products, such as cheese and ham benefitting from a
should be delegated to the Commission in respect of
protected designation of origin or a protected geographic
specific requirements and conditions for operators and
indication, or wine, which is governed by a specific set of
of the products eligible for an export refund, and the
rules, a special approach should be taken as regards
establishment of coefficients for the purposes of calcu
certain activities of interbranch organisations on the
lating export refunds, taking into account the ageing
condition that they do not lead to the partitioning of
process of certain spirit drinks obtained from cereals.
markets, affect the sound operation of the CMO,
distort or eliminate competition, entail the fixing of
prices or quotas, or create discrimination.
(170) Minimum export prices for flowering bulbs are no longer
useful and should be abolished.
(176) The proper functioning of the internal market would be
jeopardised by the granting of national aid. Therefore, the
provisions of the TFEU concerning State aid should, as a
general rule, apply to agricultural products. This notwith
standing, in certain situations exceptions should be
(171) In accordance with Article 42 TFEU, the provisions of
allowed. Where such exceptions exist, the Commission
the TFEU concerning competition apply to the
should be in a position to draw up a list of existing, new
production of and trade in agricultural products only
or proposed national aid, to make appropriate obser
to the extent determined by Union legislation within
vations to Member States and to propose suitable
the framework of Article 43(2) TFEU and in accordance
measures.
with the procedure laid down therein.
(177) The provisions on the grubbing-up premium and certain
measures under wine support programmes should not, in
(172) In view of the specific characteristics of the agricultural
themselves, preclude national payments for the same
sector and its reliance on the good functioning of the
purposes.
entire food supply chain, including the effective appli
cation of competition rules in all related sectors
throughout the whole food chain, which can be highly
concentrated, special attention should be paid to the
(178) Due to the specific economic situation of the production
application of the competition rules laid down in
and marketing of reindeer and reindeer products, Finland
Article 42 TFEU. To that end, there is a need for close
and Sweden should continue to grant national payments
cooperation between the Commission and the
in that regard.
competition authorities of Member States. Moreover,
guidelines adopted, where appropriate, by the
Commission are a suitable instrument to provide
guidance to undertakings and other stakeholders
concerned.
(179) In Finland, sugar beet growing is subject to particular
geographical and climatic conditions which adversely
affect the sector in addition to the general effects of
the sugar reform. That Member State should therefore
be authorised, on a permanent basis, to make national
payments to its sugar beet growers.
(173) It should be provided that the rules on competition
relating to the agreements, decisions and practices
referred to in Article 101 TFEU and to abuse of a
dominant position apply to the production of, and the
trade in, agricultural products, provided that their appli
(180) Member States should be able to make national
cation does not jeopardise the attainment of the
payments in order to co-finance the apiculture
objectives of the CAP.
measures laid down under this Regulation, as well as
to protect of apiaries disadvantaged by structural or
natural conditions or subject to economic development
programmes, except national payment allocated for
production or trade.
(174) A special approach should be allowed in the case of
farmers' or producer organisations or their associations,
the objective of which is the joint production or
marketing of agricultural products or the use of joint
(181) Member States participating in the schemes to improve
facilities, unless such joint action excludes competition
access to food for children should be able to grant
or jeopardises the attainment of the objectives of
national aid in addition to Union aid for the supply of
Article 39 TFEU.
the products and for certain related costs.

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(182) In order to address justified cases of crisis even after the
related to health and veterinary measures adopted in
end of the transitional period, Member States should be
order to combat the spread of disease. They should be
able to make national payments for crisis distillation
taken at the request of Member States in order to avoid
within an overall budgetary limit of 15 % of the
serious disruption on the markets.
respective value of the Member State's relevant yearly
budget for its national support programme. Such
national payments should be notified to the Commission
and approved before being granted.
(188) In order to react effectively to exceptional circumstances,
the power to adopt certain acts should be delegated to
the Commission in respect of extending the list of
products, as set out in this Regulation, in respect of
(183) Member States should be allowed to continue to make
which exceptional support measures may be adopted.
national payments for nuts as currently provided for
under Article 120 of Regulation (EC) No 73/2009, in
order to cushion the effects of decoupling of the
former Union aid scheme for nuts. In the interest of
clarity, since that Regulation is to be repealed, those
(189) The Commission should be authorised to adopt the
national payments should be provided for in this Regu
necessary measures to solve specific problems in case
lation.
of emergency.
(184) Special intervention measures should be provided in
(190) Reacting efficiently and effectively against threats of
order to react efficiently and effectively against threats
market disturbance may be of particular importance for
of market disturbance. The scope of those measures
the milk sector. Similarly, specific problems in case of
should be defined.
emergency may arise. It is therefore necessary to
emphasise that the adoption by the Commission of the
above mentioned measures in case of market disturbance,
including market imbalance, or those needed to solve
(185) In order to react efficiently and effectively against threats
specific problems in case of emergency may address in
of market disturbance caused by significant price rises or
particular the milk sector.
falls on internal or external markets, or other events and
circumstances significantly disturbing or threatening to
disturb the market, where that situation, or its effects
on the market, is likely to continue or deteriorate, the
(191) In order to respond to periods of severe market
power to adopt certain acts should be delegated to the
imbalance, specific categories of collective actions by
Commission in respect of the measures necessary to
private operators may be appropriate, as exceptional
address that market situation, while respecting any
measures, in order to stabilise the sectors concerned,
obligations resulting from international agreements and
subject to precise safeguards, limits and conditions.
provided that any other measures available under this
Where such actions could fall under the scope of
Regulation appear to be insufficient, including measures
Article 101(1) TFEU, the Commission should be able
to extend or modify the scope, duration or other aspects
to provide a derogation for a limited period. These
of other measures provided for under this Regulation, or
actions should however complement Union action in
provide for export refunds, or suspend import duties, in
the framework of public intervention and private
whole or in part, including for certain quantities or
storage or exceptional measures envisaged by this Regu
periods, as necessary.
lation, and should not impair the functioning of the
internal market.
(186) Restrictions to free circulation resulting from the appli
cation of measures intended to combat the spread of
(192) It should be possible to require undertakings, Member
animal diseases could cause difficulties on the market
States or third countries to submit communications for
in one or more Member States. Experience shows that
the purposes of applying this Regulation, monitoring,
serious market disturbances such as a significant drop in
analysing and managing the market in agricultural
consumption or in prices may be attributed to a loss in
products, ensuring market transparency and the proper
consumer confidence due to public health or animal or
functioning of CAP measures, checking, controlling,
plant health risks. In the light of experience, measures
monitoring, evaluating and auditing CAP measures, and
attributable to a loss in consumer confidence should be
complying with the requirements laid down in inter
extended to plant products.
national agreements, including notification requirements
under those agreements. In order to ensure a
harmonised, streamlined and simplified approach, the
Commission should be empowered to adopt the
(187) The exceptional market support measures for beef and
necessary measures regarding communications. In so
veal, milk and milk products, pigmeat, sheepmeat and
doing, it should take into account the data needs and
goatmeat, eggs and poultrymeat should be directly
synergies between potential data sources.

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(193) In order to ensure the integrity of information systems
conferred on the Commission. Those powers should be
and the authenticity and legibility of documents and
exercised in accordance with Regulation (EU)
associated data transmitted, the power to adopt certain
No 182/2011 of the European Parliament and of the
acts should be delegated to the Commission in respect of
Council ( 5 ).
the nature and type of the information to be notified; the
categories of data to be processed and maximum
retention periods; the purpose of processing, in particular
(200) The examination procedure should be used for the
in the event of the publication of such data and their
adoption of the acts implementing this Regulation
transfer to third countries; the access rights to the
given that those acts relate to the CAP as referred to in
information or information systems made available; and
point (b)(ii) of Article 2(2) of Regulation (EU)
the conditions of publication of the information.
No 182/2011. However, the advisory procedure should
be used for the adoption of the acts implementing this
(194) Union law concerning the protection of individuals with
Regulation relating to competition matters given that the
regard to the processing of personal data and the free
advisory procedure is used in general for the adoption of
movement of such data, in particular Directive 95/46/EC
implementing acts in the field of competition law.
of the European Parliament and of the Council ( 1 ) and
Regulation (EC) No 45/2001 of the European Parliament
and of the Council (
(201) The Commission should adopt immediately applicable

2 ) is applicable.
implementing acts relating to adopting, amending or
revoking Union safeguard measures, to suspending the
(195) The European Data Protection Supervisor was consulted
use of processing or inward or outward processing
and delivered an opinion on 14 December 2011 ( 3 ).
arrangements, if that is necessary to react immediately
to the market situation, and to resolving specific
(196) Funds should be transferred from the Reserve for crises
problems, in an emergency, which need to be dealt
in the agricultural sector under the conditions and
with immediately, where, in duly justified cases,
procedure referred to in Article 24 of Regulation (EU)
imperative grounds of urgency so require.
No 1306/2013 and paragraph 22 of the Interinstitutional
17 December 2013 Agreement between the European
Parliament, the Council and the Commission on
(202) In respect of certain measures under this Regulation
budgetary discipline, cooperation in budgetary matters
which require swift action or which consist in the
and on sound financial management ( 4 ), and it should
mere application of general provisions to specific situ
be clarified that this Regulation is the applicable basic act.
ations without involving a discretion, the Commission
should be empowered to adopt implementing acts
without applying Regulation (EU) No 182/2011.
(197) 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,
(203) The Commission should further be empowered to carry
the power to adopt certain acts should be delegated to
out certain administrative or management tasks which do
the Commission in respect of establishing the necessary
not entail the adoption of delegated or implementing
measures, in particular those necessary to protect the
acts.
acquired rights and legitimate expectations of under
takings.
(204) This Regulation should provide for certain specific rules
(198) The use of urgency procedure when adopting delegated
concerning Croatia in accordance with the Act of
acts under this Regulation should be reserved for excep
Accession of Croatia ( 6 ).
tional cases where imperative grounds of urgency so
require in order to react efficiently and effectively
against threats of market disturbance or where market
(205) Pursuant to Regulation (EC) No 1234/2007, several
disturbances are occurring. The choice of an urgency
measures by sector will expire within a reasonable
procedure should be justified and the cases in which
period following the entry in force of this Regulation.
the urgency procedure should be used should be spec
After the repeal of Regulation (EC) No 1234/2007, the
ified.
relevant provisions should continue to apply until the
end of the schemes concerned.
(199) In order to ensure uniform conditions for the implemen
tation of this Regulation, implementing powers should be
(206) Council Regulation (EEC) No 922/72 ( 7 ) concerning aid
for silkworms for the 1972/1973 rearing year is now
( 1 ) Directive 95/46/EC of the European Parliament and of the Council
of 24 October 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement of such
( 5 ) Regulation (EU) No 182/2011 of the European Parliament and of
data (OJ L 281, 23.11.1995, p. 31).
the Council of 16 February 2011 laying down the rules and general
( 2 ) Regulation (EC) No 45/2001 of the European Parliament and of the
principles concerning mechanisms for control by the Member States
Council of 18 December 2000 on the protection of individuals with
of the Commission's exercise of implementing powers (OJ L 55,
regard to the processing of personal data by the Community insti
28.2.2011, p. 13).
tutions and bodies and on the free movement of such data (OJ L 8,
( 6 ) OJ L 112, 24.4.2012, p. 21.
12.1.2001, p. 1).
( 7 ) Council Regulation (EEC) No 922/72 laying down general rules for
( 3 ) OJ C 35, 9.2.2012, p. 1.
granting aid in respect of silkworms for the 1972/73 rearing year
( 4 ) OJ C 373, 20.12.2013, p. 1.
(OJ L 106, 5.5.1972, p. 1).

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obsolete; Regulation (EEC) No 234/79 concerning the
2. Agricultural
products
as
defined
in
paragraph
1
shall
be
procedures for adjusting the Common Customs Tariff
divided into the following sectors as listed in the respective
nomenclature is superseded by this Regulation; Council
parts of Annex I:
Regulation (EC) No 1601/96 ( 1 ) concerning aid to hops
producers for the 1995 harvest is a temporary measure,
which, by its nature, is now obsolete. Council Regulation
(a) cereals, Part I;
(EC) No 1037/2001 ( 2 ) authorising the offer and delivery
of certain imported wines has been superseded by the
(b) rice, Part II;
provisions of the Agreement between the European
Community and the United States of America on trade
in wine adopted by Council Decision 2006/232/EC ( 3 ),
(c) sugar, Part III;
and is therefore obsolete. In the interests of clarity and
legal certainty, those Regulations should be repealed.
(d) dried fodder, Part IV;
(e) seeds, Part V;
(207) Certain rules in the milk and milk products sector, in
particular those concerning contractual relations and
negotiations; regulation of the supply of cheese with a
(f) hops,
Part
VI;
protected designation of origin or protected geographical
indication; and declarations by first purchasers, producer
(g) olive oil and table olives, Part VII;
organisations, associations of producer organisations and
interbranch organisations have recently entered into force
and remain justified in the current economic circum
(h) flax and hemp, Part VIII;
stances of the dairy market and the structure of the
supply chain. They should therefore be applied in that
(i) fruit
and
vegetables,
Part
IX;
sector for a sufficiently long period (both before and after
the abolition of milk quotas) to allow them to have full
effect. However, those rules should be temporary in
(j) processed
fruit
and
vegetable
products,
Part
X;
nature and should be subject to review. The Commission
should adopt reports on the development of the milk
market, covering, in particular, potential incentives to
(k) bananas, Part XI;
encourage farmers to enter into joint production agree
ments, the first of which is to be submitted by 30 June
(l) wine,
Part
XII;
2014, and the second by 31 December 2018,
(m) live trees and other plants, bulbs, roots and the like, cut
flowers and ornamental foliage, Part XIII;
HAVE ADOPTED THIS REGULATION:
(n) tobacco, Part XIV;
PART I
(o) beef and veal, Part XV;
INTRODUCTORY PROVISIONS
(p) milk and milk products, Part XVI;
Article 1
Scope
(q) pigmeat, Part XVII;
1. This
Regulation
establishes
a
common
organisation
of
the
markets for agricultural products, which means all the products
(r) sheepmeat and goatmeat, Part XVIII;
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
(s) eggs, Part XIX;
aquaculture products.
(t) poultrymeat,
Part
XX;
( 1 ) Council Regulation (EC) No 1601/96 of 30 July 1996 laying down,
in respect of hops, the amount of aid to producers for the 1995
harvest (OJ L 206, 16.8.1996, p. 46).
(u) ethyl alcohol of agricultural origin, Part XXI;
( 2 ) Council Regulation (EC) No 1037/2001 of 22 May 2001 authorising
the offer and delivery for direct human consumption of certain
imported wines which may have undergone oenological processes
(v) apiculture products, Part XXII;
not provided for in Regulation (EC) No 1493/1999 (OJ L 145,
31.5.2001, p. 12).
( 3 ) Council Decision 2006/232/EC of 20 December 2005 on the
(w) silkworms, Part XXIII;
conclusion of the Agreement between the European Community
and the United States of America on trade in wine (OJ L 87,
24.3.2006, p. 1).
(x) other products, Part XXIV.

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Article 2
Article 4
General common agricultural policy (CAP) provisions
Adjustments to the Common Customs Tariff nomenclature
used for agricultural products
Regulation (EU) No 1306/2013 and the provisions adopted
pursuant to it shall apply in relation to the measures set out
Where necessary in order to take into account amendments to
in this Regulation.
the combined nomenclature, the Commission shall be
empowered to adopt delegated acts in accordance with
Article 3
Article 227 adjusting the description of products and references
in this Regulation to the headings or subheadings of the
Definitions
combined nomenclature.
1. For the purposes of this Regulation, the definitions
concerning certain sectors as set out in Annex II shall apply.
Article 5
Conversion rates for rice
2. The definitions set out in Section B of Part II of Annex II
shall only apply until the end of the 2016/2017 marketing year
The Commission may adopt implementing acts:
for sugar.
(a) fixing the conversion rates for rice at various stages of
3. The
definitions
set
out
in
Regulation
(EU)
No
1306/2013,
processing, the processing costs and the value of by-
Regulation (EU) No 1307/2013 ( 1 ) of the European Parliament
products;
and of the Council and Regulation (EU) No 1305/2013 of the
European Parliament and of the Council ( 2 ) shall apply for the
(b) adopting all necessary measures regarding the application of
purposes of this Regulation, save as otherwise provided for in
conversion rates for rice.
this Regulation.
Those implementing acts shall be adopted in accordance with
4. In
order
to
take
into
account
the
specific
characteristics
of the examination procedure referred to in Article 229(2).
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
Article 6
Annex II to the extent necessary to update the definitions in
the light of market developments.
Marketing years
The following marketing years shall be established:
5. For
the
purposes
of
this
Regulation:
(a) 1 January to 31 December of a given year for the fruit and
(a) "less developed regions" means those regions defined as
vegetables, processed fruit and vegetables and banana
such in point (a) of the first subparagraph of Article 90(2)
sectors;
of Regulation (EU) No
1303/2013 of the European
Parliament and of the Council ( 3 ).
(b) 1 April to 31 March of the following year for the dried
fodder and silkworm sectors;
(b) "adverse climatic event which can be assimilated to a natural
disaster" means weather conditions such as frost, hail, ice,
(c) 1 July to 30 June of the following year for:
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
(i) the cereals sector;
on the preceding five-year period, excluding the highest
and lowest entry.
(ii) the seeds sector;
( 1 ) Regulation (EU) No 1307/2013 of the European Parliament and of
the Council of 17 December 2013 establishing rules for direct
(iii) the olive oil and table olives sector;
payments to farmers under support schemes within the framework
of the common agricultural policy and repealing Council Regulation
(iv) the flax and hemp sector;
(EC) No 637/2008 and Council Regulation (EC) No 73/2009 (See
page 608 of this Official Journal)
( 2 ) Regulation (EU) No 1305/2013 of the European Parliament and of
(v) the milk and milk products sector;
the Council of 17 December 2013 on support for rural development
by the European Agricultural Fund for Rural Development (EAFRD)
and repealing Council Regulation (EC) No 1698/2005 (See page 487
(d) 1 August to 31 July of the following year for the wine
of this Official Journal).
( 3 ) Regulation (EU) No 1303/2013 of the European Parliament and of
sector;
the Council of 17 December 2013 laying down common provisions
on the European Regional Development Fund, the European Social
(e) 1 September to 31 August of the following year for the rice
Fund, the Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund and
sector;
laying down general provisions on the European Regional Devel
opment Fund, the European Social Fund, the Cohesion Fund and
the European Maritime and Fisheries Fund and repealing Council
(f) 1 October to 30 September of the following year for the
Regulation (EC) No 1083/2006 (See page 85 of this Official Journal).
sugar sector.

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Article 7
(iii) EUR 1 524/tonne for lampante olive oil with two
degrees of free acidity, this amount being reduced by
Reference thresholds
EUR 36,70/tonne for each additional degree of acidity.
1. The
following
reference
thresholds
are
fixed:
2. The
reference
thresholds
provided
for
in
paragraph
1
shall
be kept under review by the Commission, taking account of
(a) as regards the cereals sector, EUR 101,31/tonne, related to
objective criteria, notably developments in production, costs of
the wholesale stage for goods delivered to the warehouse,
production (particularly inputs), and market trends. When
before unloading;
necessary, the reference thresholds shall be updated in
accordance with the ordinary legislative procedure in the light
of developments in production and markets.
(b) as regards paddy rice, EUR 150/tonne for the standard
quality as defined in point A of Annex III, related to the
PART II
wholesale stage for goods delivered to the warehouse, before
unloading;
INTERNAL MARKET
TITLE I
(c) as regards sugar of standard quality as defined in point B of
Annex III, related to unpacked sugar, ex-factory:
MARKET INTERVENTION
CHAPTER I
(i) for white sugar: EUR 404,4/tonne;
Public intervention and aid for private storage
S e c t i o n 1
(ii) for raw sugar: EUR 335,2/tonne;
G e n e r a l p r o v i s i o n s o n p u b l i c i n t e r v e n t i o n
a n d a i d f o r p r i v a t e s t o r a g e
(d) as regards the beef and veal sector, EUR 2 224/tonne for
carcasses of male bovine animals of conformation/fat cover
Article 8
class R3 as laid down in the Union scale for the classifi
Scope
cation of carcasses of bovine animals aged eight months or
more referred to in point A of Annex IV;
This Chapter lays down rules on market intervention
concerning:
(e) as regards the milk and milk products sector:
(a) public intervention, where products are bought in by the
competent authorities of the Member States and stored by
them until disposed of; and
(i) EUR 246,39 per 100 kg for butter;
(b) granting of aid for the storage of products by private oper
ators.
(ii) EUR 169,80 per 100 kg for skimmed milk powder;
Article 9
(f) as regards pigmeat, EUR 1 509,39/tonne for pig carcasses of
Origin of eligible products
a standard quality defined in terms of weight and lean meat
content as laid down in the Union scale for the classification
Products eligible for buying-in under public intervention or for
of pig carcasses referred to in point B of Annex IV as
the granting of aid for private storage shall originate in the
follows:
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.
(i) carcasses weighing from 60 to less than 120 kg: class E;
Article 10
(ii) carcasses weighing from 120 to 180 kg: class R;
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
(g) as regards the olive oil sector:
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.
(i) EUR 1 779/tonne for extra virgin olive oil;
In the sheepmeat and goatmeat sector, Member States may
apply a Union scale for the classification of sheep carcasses in
(ii) EUR 1 710/tonne for virgin olive oil;
accordance with the rules laid down in point C of Annex IV.

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S e c t i o n 2
rice (including specific varieties or types of paddy rice), if
the market situation so requires. Those implementing acts
P u b l i c i n t e r v e n t i o n
shall be adopted in accordance with the examination
procedure referred to in Article 229(2);
Article 11
Products eligible for public intervention
(c) may be opened for the beef and veal sector by the
Public intervention shall apply in respect of the following
Commission, by means of implementing acts adopted
products in accordance with the conditions laid down in this
without applying the procedure referred to in Article 229(2)
Section and any additional requirements and conditions that
or (3), if, over a representative period determined pursuant
may be determined by the Commission, by means of
to point (c) of the first paragraph of Article 20 the average
delegated acts pursuant to Article 19 and implementing acts
market price in a Member State or in a region of a Member
pursuant to Article 20:
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
(a) common wheat, durum wheat, barley and maize;
threshold laid down in point (d) of Article 7(1).
(b) paddy rice;
2. The
Commission
may
adopt
implementing
acts
closing
public intervention for the beef and veal sector where, over a
(c) fresh or chilled meat of the beef and veal sector falling
representative period determined pursuant to point (c) of the
within CN codes 0201 10 00 and 0201 20 20 to
first paragraph of Article 20, the conditions provided for in
0201 20 50;
point (c) of paragraph 1 of this Article are no longer fulfilled.
Those implementing acts shall be adopted without applying the
(d) butter produced directly and exclusively from pasteurised
procedure referred to in Article 229(2) or (3).
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
Article 14
water content, by weight, of 16 %;
Buying-in at a fixed price or tendering
Where public intervention is open pursuant to Article 13(1),
(e) skimmed milk powder of top quality made from cow's milk
measures on fixing buying-in prices for the products referred to
in an approved undertaking in the Union by the spray
in Article 11 as well as, where applicable, measures on quanti
process, with a minimum protein content of 34,0 % by
tative limitations where buying-in is carried out at a fixed price,
weight of the fat free dry matter.
shall be taken by the Council in accordance with Article 43(3)
TFEU.
Article 12
Public intervention periods
Article 15
Public intervention shall be available for:
Public intervention price
1. Public
intervention
price
means:
(a) common wheat, durum wheat, barley and maize, from
1 November to 31 May;
(a) the price at which products shall be bought in under public
(b) paddy rice, from 1 April to 31 July;
intervention where this is done at a fixed price; or
(c) beef and veal, throughout the year;
(b) the maximum price at which products eligible for public
intervention may be bought in where this is done by
(d) butter and skimmed milk powder, from 1 March to
tendering.
30 September.
2.
The measures on fixing the level of the public intervention
Article 13
price, including the amounts of increases and reductions, shall
Opening and closing of public intervention
be taken by the Council in accordance with Article 43(3) TFEU.
1. During
the
periods
referred
to
in
Article
11,
public
inter
vention:
Article 16
General principles on disposal from public intervention
(a) shall be open for common wheat, butter and skimmed milk
powder;
1. Disposal of products bought in under public intervention
shall take place in such a way as to:
(b) may be opened by the Commission, by means of imple
menting acts, for durum wheat, barley, maize and paddy
(a) avoid any disturbance of the market,

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(b) ensure equal access to goods and equal treatment of
Article 18
purchasers, and
Conditions for granting aid
(c) be in compliance with the commitments resulting from
1. In
order
to
provide
for
market
transparency,
the
international agreements concluded in accordance with the
Commission shall, where necessary, be empowered to adopt
TFEU.
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
2. Products bought in under public intervention may be
account:
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. In such cases, the
(a) average recorded Union market prices and the reference
accounting value of such products shall be at the level of the
thresholds and production costs for the products concerned;
relevant fixed public intervention price referred to in
and/or
Article 14(2) of this Regulation.
3. Each
year
the
Commission
shall
publish
details
of
the (b) the need to respond in a timely way to a particularly
conditions under which products bought in under public inter
difficult market situation or economic developments
vention were sold in the previous year.
having a significant negative impact on the margins in the
sector.
S e c t i o n 3
A i d f o r p r i v a t e s t o r a g e
2. The
Commission
may
adopt
implementing
acts
Article 17
(a) granting private storage aid for the products listed in
Eligible products
Article 17, taking into account the conditions referred to
in paragraph 1 of this Article;
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
(b) restricting the granting of private storage aid.
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:
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(a) white sugar;
3. Measures on fixing the amount of aid for private storage
(b) olive oil;
provided for in Article 17 shall be taken by the Council in
accordance with Article 43(3) TFEU.
(c) flax fibre;
S e c t i o n 4
(d) fresh or chilled meat of bovine animals aged eight months
C o m m o n p r o v i s i o n s o n p u b l i c
or more;
i n t e r v e n t i o n a n d a i d f o r p r i v a t e s t o r a g e
(e) butter produced from cream obtained directly and
Article 19
exclusively from cow's milk;
Delegated powers
(f) cheese;
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,
(g) skimmed milk powder made from cow's milk;
and in order to take into account the specific characteristics of
the different sectors for the purposes of ensuring the cost-
(h) pigmeat;
effective operation of public intervention and private storage,
the Commission shall be empowered to adopt delegated acts in
(i) sheepmeat and goatmeat.
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
Point (f) of the first paragraph is restricted to cheese benefiting
and conditions shall aim to guarantee, for the products bought
from a protected designation of origin or from a protected
in and stored:
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
(a) their quality with respect to quality parameters, quality
of that Regulation and/or a period of maturation that
groups, quality grades, categories, product characteristics
contributes to increasing the value of the cheese.
and age;

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(b) their eligibility with respect to quantities, packaging
6. In
order
to
take
account
of
technical
developments
and
of
including labelling, preservation, previous storage contracts,
the needs of sectors referred to in Article 10, as well as of the
approval of undertakings and the stage of the products to
need to standardise the presentation of the different products
which the public intervention price and the aid for private
for the purposes of improving market transparency, price
storage applies.
recording and the application of the market intervention
measures, the Commission shall be empowered to adopt
delegated acts in accordance with Article 227:
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
(a) adapting and updating the provisions of Annex IV on the
Article 227 laying down the quality criteria as regards both
Union scales for the classification, identification and presen
buying-in and sales of common wheat, durum wheat, barley,
tation of carcasses;
maize and paddy rice.
3. In
order
to
ensure
appropriate
storage
capacity
and
the (b) laying down supplementary provisions relating to classifi
efficiency of the public intervention system in terms of cost-
cation, including by qualified classifiers, to grading,
effectiveness, distribution and access for operators, and in order
including by automated grading techniques, to identifi
to maintain the quality of products bought in under public
cation, weighing and marking of carcasses and to the calcu
intervention for their disposal at the end of the storage
lation of average Union prices and to the weighting coef
period, the Commission shall be empowered to adopt
ficients used in the calculation of those prices;
delegated acts in accordance with Article 227 laying down:
(c) laying down, in the beef and veal sector, derogations from
(a) the requirements to be fulfilled by storage places for all
provisions and specific derogations which may be granted
products subject to public intervention;
by Member States to slaughterhouses in which few bovine
animals are slaughtered, and additional provisions for the
products concerned, including regarding the classes of
(b) rules on the storage of products inside and outside the
conformation and fat cover and, in sheepmeat sector,
Member State responsible for them and for the treatment
further provisions as regards weight, colour of meat and
of such products as regards customs duties and any other
fat cover and the criteria for the classification of light lambs;
amounts to be granted or levied under the CAP.
(d) providing Member States with the authorisation not to
4. In
order
to
ensure
that
aid
for
private
storage
has
the
apply the grading scale for classification of pig carcasses
desired effect on the market, the Commission shall be
and the authorisation to use assessment criteria in
empowered to adopt delegated acts in accordance with
addition to weight and estimated lean-meat content, or
Article 227 laying down:
laying down derogations from that scale.
(a) rules and conditions applicable where the quantity stored is
Article 20
lower than the contracted quantity;
Implementing powers in accordance with the examination
procedure
(b) the conditions for granting an advance payment of such aid;
The Commission shall adopt implementing acts laying down
the measures necessary for the uniform application of this
(c) the conditions under which it may be decided that products
Chapter. Those measures may, in particular, concern the
covered by private storage contracts may be re-marketed or
following:
disposed of.
(a) the costs payable by the operator where products delivered
5. In order to ensure the proper functioning of the public
for public intervention do not meet the minimum quality
intervention and private storage systems, the Commission shall
requirements;
be empowered to adopt delegated acts in accordance with
Article 227:
(b) the fixing of minimum storage capacity for intervention
(a) providing for the use of tendering procedures guaranteeing
storage places;
equal access to goods and equal treatment of operators;
(c) the representative periods, markets, and market prices
(b) laying down the additional conditions to be fulfilled by
necessary for the application of this Chapter;
operators in order to facilitate the effective management
and control of the system for Member States and operators;
(d) the delivery of the products to be bought in under public
intervention, the transport costs to be borne by the offerer,
(c) laying down the requirement for operators to lodge a
the taking over of the products by paying agencies and the
security guaranteeing the fulfilment of their obligations.
payment;

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(e) the different operations connected with the boning process
(p) the implementation of Union scales for the classification of
for the beef and veal sector;
beef, pig and sheep carcasses;
(f) the practical arrangements for the packaging, marketing
(q) a different presentation of carcasses and half carcasses than
and labelling of products;
the one laid down in point A.IV of Annex IV for the
purpose of establishing market prices;
(g) the procedures for the approval of undertakings producing
butter and skimmed milk powder for the purposes of this
(r) the
corrective
factors
to
be
applied
by
Member
States
to
be
Chapter;
used for a different presentation of beef and sheep carcasses
where the reference presentation is not used;
(h) any authorisation of storage outside the territory of the
Member State where the products have been bought in
(s) the practical arrangements for the marking of classified
and stored;
carcasses and for the calculation by the Commission of
the weighted average Union price for beef, pig and sheep
carcasses;
(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
(t) the
authorisation
of
Member
States
to
provide,
with
regard
or destination of products released, including procedures
to pigs slaughtered in their territory, for a different presen
relating to products made available for use in the scheme
tation of pig carcasses than the one laid down in point B.III
referred to in Article 16(2), including transfers between
of Annex IV, if one of the following conditions is fulfilled:
Member States;
(i) normal commercial practice in their territory differs
(j) in respect of products bought in under public intervention,
from the standard presentation defined in the first
the provisions relating to the possibility for Member States
subparagraph of point B.III of Annex IV;
to sell, at their own responsibility, small quantities
remaining in storage or quantities which may no longer
be repackaged or which have deteriorated;
(ii) technical requirements warrant it;
(k) in respect of private storage, the conclusion and the
(iii) carcasses are dehided in a uniform manner;
content of contracts between the competent authority of
the Member State and the applicants;
(u) the provisions for the on-thespot review of the application
of classification of carcasses in Member States by a Union
(l) the
placing
and
keeping
of
products
in
private
storage
and
committee composed of experts from the Commission and
their removal from storage;
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
(m) the duration of the private storage period and the
costs resulting from the review activity.
provisions according to which such periods, once
specified in the contracts, may be curtailed or extended;
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(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
Article 21
advance for private storage;
Other implementing powers
The Commission shall adopt implementing acts in order to
(o) the use of tendering procedures, both for public inter
authorise Member States to use for lambs of less than 13 kg
vention and for private storage, in particular as regards:
carcass weight, by way of derogation from point C.III of Annex
IV, the following criteria for classification:
(i) the submission of offers or tenders and the minimum
quantity for an application or submission;
(a) carcass weight;
(ii) the procedures for, and the amount of, the security to
(b) colour of meat;
be lodged; and
(c) fat cover.
(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
Those implementing acts shall be adopted without applying the
not necessarily ensue;
procedure referred to in Article 229(2) or (3).

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CHAPTER II
Member States shall ensure that their competent health auth
orities endorse the list of such products that are eligible under
Aid schemes
their scheme.
S e c t i o n 1
S c h e m e s t o i m p r o v e a c c e s s t o f o o d
Member States shall choose their products on the basis of
objective criteria which may include health and environmental
Article 22
considerations, seasonality, variety or availability of produce,
giving priority, as far as practicable, to products originating in
Target group
the Union, and particularly to local purchasing, local markets,
Aid schemes intended to improve the distribution of agricultural
short supply chains or environmental benefits.
products and improving children's eating habits are aimed at
children who regularly attend nurseries, pre-schools or primary
or secondary-level educational establishments which are admin
4. Measures
on
fixing
the
Union
aid
referred
to
in
paragraph
istered or recognised by the competent authorities of Member
1 shall be taken by the Council in accordance with Article 43(3)
States.
TFEU.
S u b s e c t i o n 1
5. The
Union
aid
referred
to
in
paragraph
1
shall
be
S c h o o l f r u i t a n d v e g e t a b l e s s c h e m e
allocated to each Member State on the basis of objective
criteria based on their proportion of six- to ten-year old
Article 23
children.
Aid for the supply of fruit and vegetables, processed fruit
and vegetables and banana products to children
Member States participating in the scheme shall apply every
1. Union
aid
shall
be
granted
for:
year for Union aid on the basis of their strategy referred to
in paragraph 2.
(a) the supply to children in the educational establishments
referred to in Article 22 of products of the fruit and
Measures on fixing the minimum amount of Union aid for each
vegetables, processed fruit and vegetables, and bananas
Member State participating in the scheme and on the indicative
sectors; and
and definitive allocations of aid to Member States shall be taken
by the Council in accordance with Article 43(3) TFEU.
(b) certain related costs linked to logistics and distribution,
equipment, publicity, monitoring, evaluation and accom
6. Union
aid
provided
for
in
paragraph
1
shall
not
be
used
panying measures.
to replace funding for any existing national school fruit schemes
providing fruit and vegetables, processed fruit and vegetables,
and bananas or other school distribution schemes that include
such products.
2. Member
States
wishing
to
participate
in
the
scheme
shall
draw up, at national or regional level, a prior strategy for its
implementation. They shall also provide for the accompanying
measures necessary to make the scheme effective, which may
However, if a Member State already has a scheme in place that
include information on measures for education about healthy
would be eligible for Union aid under this Article and intends
eating habits, about local food chains and about combating
to extend it or make it more effective, including as regards the
food wastage.
target group of the scheme, its duration or eligible products,
Union aid may be granted provided that the limits set out in
accordance with Article 43(3) TFEU are respected as regards the
proportion of Union aid to the total national contribution. In
3. When
drawing
up
their
strategies,
Member
States
shall such a case, the Member State shall indicate in its implemen
draw up a list of products of the fruit and vegetables,
tation strategy how it intends to extend its scheme or make it
processed fruit and vegetables, and bananas sectors that will
more effective.
be eligible under their respective schemes. This list shall not
include products that are listed in Annex V.
7. Member
States
may,
in
addition
to
Union
aid,
grant
national aid in accordance with Article 217.
However, in duly justified cases, such as where a Member State
wants to ensure a broad assortment of products under its
scheme or wants to make its scheme more attractive, its
strategy may provide that such products may become eligible
8. The
Union
school
fruit
and
vegetables
scheme
shall
be
if only limited amounts of the substances referred to in that
without prejudice to any separate national school fruit and
Annex are added.
vegetables schemes which are compatible with Union law.

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9. The
Union
may
also
finance,
under
Article
6
of
Regu
Article 25
lation (EU) No
1306/2013, information, monitoring and
evaluation measures relating to the school fruit and vegetables
Implementing powers in accordance with the examination
scheme, including measures raising public awareness of it, and
procedure
related networking measures.
The Commission may adopt implementing acts laying down the
measures necessary for the application of this Subsection,
including:
10. Member States participating in the scheme shall
publicise, at the places where the food is distributed, their
(a) the information to be contained in Member States' strat
involvement in the aid scheme and the fact that it is subsidised
egies;
by the Union.
(b) the aid applications and payments;
Article 24
(c) the methods of publicising, and networking measures in
Delegated powers
respect of, the scheme;
1. In
order
to
promote
the
healthy
eating
habits
of
children
and to ensure that the aid is aimed at children in the target
group referred to in Article 22, the Commission shall be
(d) the submission, format and content of monitoring and
empowered to adopt delegated acts in accordance with
evaluation reports by Member States participating in the
Article 227 concerning rules on:
Union school fruit and vegetables scheme.
Those implementing acts shall be adopted in accordance with
(a) the additional criteria related to the targeting of aid by
the examination procedure referred to in Article 229(2).
Member States;
S u b s e c t i o n 2
S c h o o l m i l k s c h e m e
(b) the approval and selection of aid applicants by Member
States;
Article 26
Aid for the supply of milk and milk products to children
(c) the drawing-up of the national or regional strategies and on
1. Union aid shall be granted for supplying to children in
accompanying measures.
educational establishments referred to in Article 22 certain milk
and processed milk products falling within CN codes 0401,
0403, 0404 90 and 0406 or CN code 2202 90.
2. In
order
to
ensure
the
efficient
and
targeted
use
of
Union
funds, the Commission shall be empowered to adopt delegated
2. From
1
August
2015,
Member
States,
at
national
or
acts in accordance with Article 227 concerning:
regional level, wishing to participate in the scheme shall have
a prior strategy for its implementation. They may also provide
for the accompanying measures, which may include information
(a) the method for reallocating the indicative allocation of aid
on measures for education about healthy eating habits, about
referred to in Article 23(5) between Member States on the
local food chains and about combating food wastage, that are
basis of requests for aid received;
necessary to make the programme effective.
3. When
drawing
up
their
strategies,
Member
States
shall
(b) the costs in Member States' strategies that are eligible for
draw up a list of milk and milk products that will be eligible
Union aid and the possibility of fixing an overall ceiling for
under their respective schemes, in accordance with the rules
specific costs;
adopted by the Commission pursuant to Article 27.
4. Except
for
free
distribution
of
meals
to
children
in
(c) the obligation for Member States to monitor and evaluate
educational establishments, Union aid referred to in paragraph
the effectiveness of their school fruit and vegetables
1 shall not be used to replace funding for any existing national
schemes.
milk and milk products schemes or other school distribution
schemes that include milk or milk products. However, if a
Member State already has a scheme in place that would be
eligible for Union aid under this Article and intends to extend
3. In
order
to
promote
awareness
of
the
scheme,
the it or make it more effective, including as regards the target
Commission shall be empowered to adopt delegated acts in
group of the scheme, its duration or eligible products, Union
accordance with Article 227 requiring Member States with a
aid may be granted. In such a case, the Member State shall
school fruit and vegetables scheme to publicise the subsidising
indicate in its implementation strategy how it intends to
role of the Union aid.
extend its scheme or make it more effective.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/699
5. Member
States
may,
in
addition
to
Union
aid,
grant delegated acts in accordance with Article 227 concerning the
national aid in accordance with Article 217.
requirement to lodge a security where an advance of aid is paid.
6. The Union school milk and milk products scheme shall be
4. In
order
to
promote
awareness
of
the
aid
scheme,
the
without prejudice to any separate national school schemes to
Commission shall be empowered to adopt delegated acts in
encourage the consumption of milk and milk products that are
accordance with Article 227 specifying the conditions in
compatible with Union law.
accordance with which Member States are to publicise their
participation in the aid scheme and the fact that it is subsidised
by the Union.
7. Measures
on
fixing
the
Union
aid
for
all
milk
and
milk
products and the maximum quantity eligible for Union aid
provided for in paragraph 1 shall be taken by the Council in
5. In order to ensure that the aid is reflected in the price at
accordance with Article 43(3) TFEU.
which the products are available under the scheme, the
Commission shall be empowered to adopt delegated acts in
accordance with Article 227 laying down rules on the estab
lishment of price monitoring under the scheme.
8. Member
States
participating
in
the
scheme
shall
publicise,
at the places where the food is distributed, their involvement in
the aid scheme and the fact that it is subsidised by the Union.
Article 28
Implementing powers in accordance with the examination
Article 27
procedure
Delegated powers
The Commission may adopt implementing acts laying down the
measures necessary for the application of this Subsection
1. In order to take into account the evolution in including on:
consumption patterns for dairy products, the innovations and
developments on the dairy products market, the availability of
products on the different markets of the Union, and nutritional
(a) the procedures to ensure the respect of the maximum
aspects, the Commission shall be empowered to adopt delegated
quantity eligible for the aid;
acts in accordance with Article 227 determining:
(b) the procedures for, and the amount of, the security to be
(a) the products that are eligible for the scheme, in accordance
lodged where an advance payment is made;
with the provisions laid down in Article 26(1) and taking
into account nutritional aspects;
(c) the information to be supplied to Member States for
approval of applicants, aid applications and payments;
(b) the drawing up of the national or regional strategies by
Member States, including accompanying measures where
(d) the methods of publicising the scheme;
applicable; and
(e) the management of price monitoring pursuant to
(c) measures necessary for monitoring and evaluation.
Article 27(5).
2. In order to ensure the efficient and effective use of Union
Those implementing acts shall be adopted in accordance with
aid, the Commission shall be empowered to adopt delegated
the examination procedure referred to in Article 229(2).
acts in accordance with Article 227 concerning:
S e c t i o n 2
(a) rules on the eligibility for the aid of beneficiaries and appli
A i d i n t h e o l i v e o i l a n d t a b l e o l i v e s s e c t o r
cants;
Article 29
(b) the requirement for the applicants to be approved by the
Programmes to support the olive oil and table olives sector
Member States;
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
(c) the use of dairy products benefiting from the aid in the
under Article 156 or interbranch organisations recognised
preparation of meals in educational establishments.
under Article 157 in one or more of the following areas:
3. In
order
to
ensure
that
aid
applicants
respect
their (a) market follow-up and management in the olive oil and table
obligations, the Commission shall be empowered to adopt
olives sector;

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20.12.2013
(b) the improvement of the environmental impact of olive culti
(b) the minimum allocation by Member States of Union
vation;
financing to specific areas;
(c) the improvement of the competitiveness of olive cultivation
through modernisation;
(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 improvement of the production quality of olive oil and
table olives;
(d) the criteria to be taken into account by Member States in
(e) the traceability system, the certification and protection of
the selection and approval of work programmes.
the quality of olive oil and table olives, in particular the
monitoring of the quality of olive oils sold to final
Article 31
consumers, under the authority of the national adminis
trations;
Implementing powers in accordance with the examination
procedure
(f) the dissemination of information on measures carried out
The Commission may adopt implementing acts laying down the
by producer organisations, associations of producer organi
measures necessary for the application of this Section
sations or interbranch organisations to improve the quality
concerning:
of olive oil and table olives.
2. The
Union
financing
of
the
work
programmes
referred
to
(a) the implementation of work programmes and amendments
in paragraph 1 shall be:
to such programmes;
(a) EUR 11 098 000 per year for Greece;
(b) the payment of aid, including advance payments of aid;
(b) EUR 576 000 per year for France; and
(c) the procedures for, and the amount of, the security to be
(c) EUR 35 991 000 per year for Italy.
lodged when an application for approval of a work
programme is submitted and where an advance payment
of aid is made.
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
Those implementing acts shall be adopted in accordance with
eligible cost shall be:
the examination procedure referred to in Article 229(2).
(a) 75 % for activities in the areas referred to in points (a), (b)
and (c) of paragraph 1;
S e c t i o n 3
A i d i n t h e f r u i t a n d v e g e t a b l e s s e c t o r
(b) 75 % for fixed assets investments and 50 % for other
activities in the area referred to in point (d) of paragraph 1;
Article 32
Operational funds
(c) 75 % for the work programmes carried out in at least three
third countries or non-producing Member States by
1. Producer
organisations
in
the
fruit
and
vegetables
sector
recognised organisations referred to in paragraph 1 from
and/or their associations may set up an operational fund. The
at least two producer Member States in the areas referred
fund shall be financed by:
to in points (e) and (f) of paragraph 1, and 50 % for the
other activities in these areas.
(a) financial contributions from:
Complementary financing shall be ensured by the Member State
up to 50 % of the costs not covered by the Union funding.
(i) members of the producer organisation and/or the
producer organisation itself; or
Article 30
Delegated powers
(ii) associations of producer organisations through the
In order to ensure the efficient and effective use of the Union
members of those associations;
aid provided for in Article 29 and in order to improve the
production quality of olive oil and table olives, the Commission
(b) Union financial assistance, which may be granted to
shall be empowered to adopt delegated acts in accordance with
producer organisations, or to their associations where
Article 227 concerning:
those associations present, manage and implement an oper
ational programme or a partial operational programme, in
(a) in respect of the areas referred to in Article 29(1), the
accordance with the terms and conditions to be adopted by
specific measures that can be financed by the Union aid
the Commission by means of delegated acts pursuant to
and the activities and costs that cannot be so financed;
Article 37 and implementing acts pursuant to Article 38.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/701
2. Operational
funds
shall
be
used
only
to
finance
oper
3. Crisis
prevention
and
management
referred
to
in
point
(f)
ational programmes that have been submitted to and
of the first subparagraph of paragraph 1 shall be related to
approved by Member States.
avoiding and dealing with crises on the fruit and vegetable
markets and shall cover in this context:
Article 33
(a) investments making the management of the volumes placed
Operational programmes
on the market more efficient;
1. Operational
programmes
in
the
fruit
and
vegetables
sector
shall have a minimum duration of three years and a maximum
(b) training measures and exchanges of best practices;
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
(c) promotion and communication, whether for prevention or
the following objectives:
during a crisis period;
(d) support for the administrative costs of setting up mutual
(a) planning of production, including production and
funds;
consumption forecasting and follow-up;
(e) replanting of orchards where that is necessary following
(b) improvement of product quality, whether in a fresh or
mandatory grubbing up for health or phytosanitary
processed form;
reasons on the instruction of the Member State competent
authority;
(c) boosting products' commercial value;
(f) market withdrawal;
(d) promotion of the products, whether in a fresh or processed
(g) green harvesting or non-harvesting of fruit and vegetables;
form;
(h) harvest insurance.
(e) environmental measures, particularly those relating to water,
Support for harvest insurance shall contribute to safeguarding
and methods of production respecting the environment,
producers' incomes where there are losses as a consequence of
including organic farming;
natural disasters, adverse climatic events, diseases or pest infes
tations.
(f) crisis prevention and management.
Insurance contracts shall require that beneficiaries undertake
necessary risk prevention measures.
Operational programmes shall be submitted to the Member
States for their approval.
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
2. Associations of producer organisations may also present
expenditure under the operational programme.
an entire or partial operational programme composed of
measures identified, but not carried out, by member organi
sations under their operational programmes. The operational
Producer organisations may take out loans on commercial
programmes of associations of producer organisations shall be
terms for financing crisis prevention and management
subject to the same rules as operational programmes of
measures. In that case, the repayment of the capital and
producer organisations and shall be considered with the oper
interest on those loans may form part of the operational
ational programmes of member organisations.
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
To that end, the Member States shall ensure that:
or directly, or both.
4. For
the
purposes
of
this
Section:
(a) measures under operational programmes of an association
of producer organisations are entirely financed by
(a) "green harvesting" means the total harvesting on a given
contributions of those member organisations of that
area of unripe non-marketable products which have not
association and that such funding is collected from the
been damaged prior to the green harvesting, whether due
operational funds of those member organisations;
to climatic reasons, disease or otherwise;
(b) the measures and their corresponding financial share are
(b) "non-harvesting" means the termination of the current
identified in the operational programme of each member
production cycle on the area concerned where the
organisation;
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-
(c) there is no duplication of funding.
harvesting.

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20.12.2013
5. Member States shall ensure that:
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
(a) operational programmes include two or more environ
satisfying at least one of the following conditions:
mental actions; or
(a) it is submitted by several Union producer organisations
(b) at least 10 % of the expenditure under operational
operating in different Member States on transnational
programmes covers environmental actions.
schemes;
Environmental actions shall respect the requirements for agri-
(b) it is submitted by one or more producer organisations
environment-climate payments laid down in Article 28(3) of
engaged in schemes operated on an interbranch basis;
Regulation (EU) No 1305/2013.
Where at least 80 % of the producer members of a producer
(c) it covers solely specific support for the production of
organisation are subject to one or more identical agri-
organic products covered by Council Regulation (EC)
environment-climate commitments provided for in Article 28(3)
No 834/2007 ( 1 );
of Regulation (EU) No 1305/2013, then each one of those
commitments shall count as an environmental action as
referred to in point (a) of the first subparagraph of this para
(d) it is the first to be submitted by a recognised producer
graph.
organisation which is the result of a merger between two
recognised producer organisations;
Support for the environmental actions referred to in the first
subparagraph of this paragraph shall cover additional costs and
(e) it is the first to be submitted by a recognised association of
income foregone resulting from the action.
producer organisations;
6. Member
States
shall
ensure
that
investments
which (f) it is submitted by producer organisations in Member States
increase environmental pressure shall only be permitted in situ
where producer organisations market less than 20 % of fruit
ations where effective safeguards to protect the environment
and vegetables production;
from these pressures are in place.
Article 34
(g) it is submitted by a producer organisation in one of the
outermost regions referred to in Article 349 TFEU.
Union financial assistance
1. The
Union
financial
assistance
shall
be
equal
to
the
amount of the financial contributions referred to in point (a)
4. The
50
%
limit
provided
for
in
paragraph
1
shall
be
of Article 32(1) actually paid and limited to 50 % of the actual
increased to 100 % in the case of market withdrawals of fruit
expenditure incurred.
and vegetables which shall not exceed 5 % of the volume of
marketed production of each producer organisation and which
are disposed of by way of:
2. The
Union
financial
assistance
shall
be
limited
to
4,1
%
of
the value of the marketed production of each producer organi
sation or of their association.
(a) free distribution to charitable organisations and foundations,
approved for that purpose by the Member States, for use in
their activities to assist persons whose right to public
However, in the case of producer organisations, that percentage
assistance is recognised in national law, in particular
may be increased to 4,6 % of the value of the marketed
because they lack the necessary means of subsistence; or
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.
(b) free distribution to any of the following: penal institutions,
schools, establishments referred to in Article 22, children's
holiday camps, hospitals and old people's homes designated
In the case of associations of producer organisations, that
by the Member States, which shall take all necessary steps to
percentage may be increased to 4,7 % of the value of the
ensure that the quantities thus distributed are additional to
marketed production, provided that the amount in excess of
the quantities normally bought in by such establishments.
4,1 % of the value of the marketed production is used solely
for crisis prevention and management measures implemented
( 1 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic
by the association of producer organisations on behalf of its
production and labelling of organic products and repealing Regu
members.
lation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/703
Article 35
(b) justification of the priorities chosen;
National financial assistance
1. In regions of the Member States where the degree of
(c) the objectives of operational programmes and instruments,
organisation of producers in the fruit and vegetables sector is
and performance indicators;
particularly low, the Commission may adopt implementing acts
authorising Member States, at their duly substantiated request,
(d) assessment of operational programmes;
to pay producer organisations national financial assistance equal
to a maximum of 80 % of the financial contributions referred to
in point (a) of Article 32(1). This assistance shall be additional
(e) reporting obligations for producer organisations.
to the operational fund.
The national strategy shall also integrate the national framework
Those implementing acts shall be adopted in accordance with
referred to in paragraph 1.
the examination procedure referred to in Article 229(2).
3. Paragraphs 1 and 2 shall not apply to Member States
which have no recognised producer organisations.
2. In
regions
of
the
Member
States
where
producer
organi
sations, associations of producer organisations and the producer
groups referred to in Article 27 of Regulation (EU)
Article 37
No 1305/2013 market less than 15 % of the value of fruit
and vegetable production of those regions, where fruit and
Delegated powers
vegetable production represents at least 15 % of the total agri
In order to ensure an efficient, targeted and sustainable support
cultural output of those regions, the national financial assistance
of producer organisations and their associations in the fruit and
referred to in paragraph 1 of this Article may be reimbursed by
vegetables sector, the Commission shall be empowered to adopt
the Union at the request of the Member State concerned.
delegated acts in accordance with Article 227 establishing rules
on:
The Commission shall adopt implementing acts concerning that
reimbursement. Those implementing acts shall be adopted in
(a) operational funds and operational programmes, concerning:
accordance with the examination procedure referred to in
Article 229(2).
(i) the estimated amounts, the decisions by producer
organisations and their associations on the financial
contributions and the use of operational funds;
Article 36
National framework and national strategy for operational
(ii) the measures, actions, expenditure and administrative
programmes
and personnel costs to be included or excluded under
1. Member
States
shall
establish
a
national
framework
operational programmes, the modification thereof and
containing general conditions relating to the environmental
the additional requirements to be determined by
actions referred to in Article 33(5). That framework shall
Member States;
provide, in particular, that such actions are to meet the appro
priate requirements of Regulation (EU) No 1305/2013, in
particular those set out in Article 3 thereof.
(iii) the avoidance of double funding between operational
programmes and rural development programmes;
Member States shall submit their proposed framework to the
(iv) operational programmes of associations of producer
Commission which, by means of implementing acts adopted
organisations;
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
(v) the specific rules applicable to cases in which associ
to the achievement of the objectives set out in Article 191
ations of producer organisations manage, process,
TFEU and in the seventh Union environment action
implement and present, wholly or in part, operational
programme. Investments on individual holdings supported by
programmes;
operational programmes shall also respect those objectives.
(vi) the obligation to use common indicators for the
2. Each Member State shall establish a national strategy for
purposes of monitoring and evaluation of operational
sustainable operational programmes in the fruit and vegetable
programmes;
market. Such a strategy shall include:
(b) the national framework and national strategy for operational
programmes concerning the obligation to monitor and
(a) an analysis of the situation in terms of strengths and weak
evaluate the effectiveness of the national frameworks and
nesses and the potential for development;
the national strategies;

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20.12.2013
(c) Union financial assistance, concerning:
(e) national financial assistance, concerning:
(i) the basis for the calculation of Union financial
(i) the degree of organisation of producers;
assistance and of the value of the marketed production,
referred to in Article 34(2);
(ii) the requirement to lodge a security where an advance
payment is made;
(ii) applicable reference periods for the calculation of aid;
(iii) the maximum proportion of Union reimbursement of
(iii) the provision of advance payments and the requirement
the national financial assistance.
to lodge a security where an advance payment of aid is
made;
Article 38
(iv) the specific rules applicable to the financing of oper
Implementing powers in accordance with the examination
ational programmes of associations of producer organi
procedure
sations, particularly those relating to the application of
the limits provided for in Article 34(2);
The Commission may adopt implementing acts laying down
measures concerning:
(d) crisis prevention and management measures, concerning:
(a) the management of operational funds;
(i) the possibility for Member States not to apply one or
more crisis prevention and management measures;
(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
(ii) conditions relating to points (a), (b) and (c) of the first
Member States, time limits, accompanying documents and
subparagraph of Article 33(3);
approval by Member States;
(iii) permissible destinations to be decided by Member
(c) the implementation of operational programmes by producer
States for withdrawn products;
organisations and associations of producer organisations;
(iv) the maximum level of support for market withdrawals;
(d) the submission, format and content of monitoring and
evaluation reports of national strategies and operational
(v) the requirement for prior notifications in case of
programmes;
market withdrawals;
(e) aid applications and payments of aid, including advance and
(vi) the basis of the calculation of the volume of marketed
partial payments of aid;
production for free distribution referred to in
Article 34(4) and the determination of a maximum
volume of marketed production in case of with
(f) the practical arrangements for the display of the Union
drawals;
emblem on packages of products for free distribution;
(vii) the requirement to display the Union emblem on
(g) the respect for marketing standards in case of withdrawals;
packages of products for free distribution;
(h) transport, sorting and packaging costs in case of free
(viii) the conditions for the recipients of withdrawn
distribution;
products;
(i) promotion, communication and training measures in case
(ix) the use of terms for the purposes of this Section;
of crisis prevention and management;
(x) the conditions, to be adopted by Member States,
(j) the implementation of withdrawal operations, green
relating to green harvesting and non-harvesting;
harvesting, non-harvesting and harvest insurance measures;
(xi) harvest insurance;
(k) the application, authorisation, payment and reimbursement
of the national financial assistance;
(xii) mutual funds; and
(l) the procedures for, and the amount of, the security to be
lodged where an advance payment is made.
(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
Those implementing acts shall be adopted in accordance with
point (e) of the first subparagraph of Article 33(3);
the examination procedure referred to in Article 229(2).

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S e c t i o n 4
However, the Commission may adopt implementing acts estab
lishing that the submitted draft support programme does not
S u p p o r t p r o g r a m m e s i n t h e w i n e s e c t o r
comply with the rules laid down in this Section, and shall
inform the Member State thereof. In such a case, the Member
S u b s e c t i o n 1
State shall submit a revised draft support programme to the
G e n e r a l p r o v i s i o n s a n d e l i g i b l e m e a s u r e s
Commission. The revised support programme shall become
applicable two months after the submission of the draft
revised support programme unless an incompatibility persists,
Article 39
in which case this subparagraph shall apply.
Scope
This Section lays down the rules governing the attribution of
Those implementing acts shall be adopted without applying the
Union funds to Member States and the use of those funds by
procedure referred to in Article 229(2) or (3).
Member States through five-year national support programmes
("support programmes") to finance specific support measures to
5. Paragraph
4
shall
apply
mutatis
mutandis
to
changes
in
assist the wine sector.
respect of applicable support programmes submitted by
Member States.
Article 40
Compatibility and consistency
Article 42
1. Support
programmes
shall
be
compatible
with
Union
law
Content of support programmes
and shall be consistent with the activities, policies and priorities
Support programmes shall include at least the following
of the Union.
elements:
2. Member States shall be responsible for support
programmes and shall ensure that they are internally consistent
(a) a detailed description of the measures proposed, as well as
and that they are drawn up and implemented in an objective
their quantified objectives;
manner, taking into account the economic situation of the
producers concerned and the need to avoid unjustified
(b) the results of consultations held;
unequal treatment of producers.
(c) an appraisal showing the expected technical, economic,
3. No
support
shall
be
granted
for:
environmental and social impact;
(a) research projects and measures to support research projects
(d) a schedule for implementing the measures;
other than those referred to in points (d) and (e) of
Article 45(2);
(e) a general financing table showing the resources to be
deployed and the envisaged indicative allocation of the
(b) measures contained in Member States' rural development
resources between the measures in accordance with the
programmes under Regulation (EU) No 1305/2013.
budgetary limits provided for in Annex VI;
Article 41
(f) the criteria and quantitative indicators to be used for moni
Submission of support programmes
toring and evaluation as well as the steps taken to ensure
that the support programmes are implemented appro
1. Each
producer
Member
State
listed
in
Annex
VI
shall
priately and effectively; and
submit to the Commission a draft five-year support
programme containing at least one of the eligible measures
set out in Article 38.
(g) the designation of competent authorities and bodies
responsible for implementing the support programme.
2. The support measures in the draft support programmes
shall be drawn up at the geographical level which the Member
Article 43
State considers most appropriate. The Member State shall
consult the competent authorities and organisations at the
Eligible measures
appropriate territorial level on the draft support programme
Support programmes may contain only one or more of the
before submitting it to the Commission.
following measures:
3. Each
Member
State
shall
submit
a
single
draft
support (a) promotion, in accordance with Article 45;
programme, which may take into account regional particular
ities.
(b) restructuring and conversion of vineyards, in accordance
with Article 46;
4. Support
programmes
shall
become
applicable
three
months after the submission of the draft support programme
to the Commission.
(c) green harvesting, in accordance with Article 47;

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(d) mutual funds, in accordance with Article 48;
(d) studies of new markets, necessary for the expansion of
market outlets;
(e) harvest insurance, in accordance with Article 49;
(e) studies to evaluate the results of the information and
(f) investments, in accordance with Article 50;
promotion measures.
(g) innovation in the wine sector, in accordance with
3. The
Union
contribution
to
information
or
promotion
Article 51;
measures referred to in paragraph 1 shall not exceed 50 % of
the eligible expenditure.
(h) by-product distillation, in accordance with Article 52.
Article 46
Article 44
Restructuring and conversion of vineyards
General rules concerning support programmes
1. The
objective
of
measures
relating
to
the
restructuring
and
1. The
available
Union
funds
shall
be
allocated
within
the conversion of vineyards shall be to increase the competitiveness
budgetary limits provided for in Annex VI.
of wine producers.
2. Union
support
shall
only
be
granted
for
eligible
expen
2. The
restructuring
and
conversion
of
vineyards
shall
be
diture incurred after the submission of the relevant draft
supported if Member States submit the inventory of their
support programme.
production potential in accordance with Article 145(3).
3. Member
States
shall
not
contribute
to
the
costs
of 3. Support
for
the
restructuring
and
conversion
of
vineyards,
measures financed by the Union under the support
which could also contribute to improving sustainable
programmes.
production systems and the environmental footprint of the
wine sector, may only cover one or more of the following
S u b s e c t i o n 2
activities:
S p e c i f i c s u p p o r t m e a s u r e s
(a) varietal conversion, including by means of grafting-on;
Article 45
Promotion
(b) relocation of vineyards;
1. Support
under
this
Article
shall
cover
information
or
promotion measures concerning Union wines:
(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
(a) in Member States, with a view to informing consumers
authority;
about the responsible consumption of wine and about the
Union systems covering designations of origin and
geographical indications; or
(d) improvements to vineyard management techniques, in
particular the introduction of advanced systems of
(b) in third countries, with a view to improving their competi
sustainable production.
tiveness.
The normal renewal of vineyards, which means the replanting
2. The
measures
referred
to
in
point
(b)
of
paragraph
1
shall of the same parcel of land with the same wine grape variety
apply to wines with a protected designation of origin or a
according to the same system of vine cultivation, when vines
protected geographical indication or wines with an indication
have come to the end of their natural life, shall not be
of the wine grape variety and shall consist only of one or more
supported.
of the following:
Member States may lay down further specifications, especially as
(a) public relations, promotion or advertisement measures, in
regards the age of the vineyards replaced.
particular highlighting the high standards of the Union
products, especially in terms of quality, food safety or the
environment;
4. Support
for
the
restructuring
and
conversion
of
vineyards,
including improving vineyard management techniques, may
only take the following forms:
(b) participation at events, fairs or exhibitions of international
importance;
(a) compensation to producers for the loss of revenue due to
the implementation of the measure;
(c) information campaigns, in particular on the Union systems
covering designations of origin, geographical indications and
organic production;
(b) contribution to the costs of restructuring and conversion.

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5. Compensation
to
producers
for
the
loss
of
revenue
Article 49
referred to in point (a) of paragraph 4 may cover up to
100 % of the relevant loss and take one of the following forms:
Harvest insurance
1. Support
for
harvest
insurance
shall
contribute
to
safe
guarding producers' incomes where there are losses as a
(a) notwithstanding Subsection II of Section IVa of Chapter III
consequence of natural disasters, adverse climatic events,
of Title I of Part II of Regulation (EC) No 1234/2007 setting
diseases or pest infestations.
out the transitional planting right regime, the permission for
old and new vines to coexist until the end of the transi
tional regime for a maximum period which shall not exceed
Insurance contracts shall require that beneficiaries undertake
three years;
necessary risk prevention measures.
(b) financial compensation.
2. Support
for
harvest
insurance
may
be
granted
in
the
form
of a Union financial contribution which shall not exceed:
6. The
Union
contribution
to
the
actual
costs
of
the
restruc
(a) 80 % of the cost of the insurance premiums paid for by
turing and conversion of vineyards shall not exceed 50 %. In
producers for insurance against losses resulting from adverse
less developed regions, the Union contribution to the costs of
climatic events which can be assimilated to natural disasters;
restructuring and conversion shall not exceed 75 %.
(b) 50 % of the cost of the insurance premiums paid for by
Article 47
producers for insurance:
Green harvesting
1. For
the
purposes
of
this
Article, "green harvesting" means
(i) against losses referred to in point (a) and against other
the total destruction or removal of grape bunches while still in
losses caused by adverse climatic events;
their immature stage, thereby reducing the yield of the relevant
area to zero.
(ii) against losses caused by animals, plant diseases or pest
infestations.
Leaving commercial grapes on the plants at the end of the
normal production cycle (non-harvesting) shall not be
3. Support
for
harvest
insurance
may
be
granted
if
the
considered to be green harvesting.
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
2. Support
for
green
harvesting
shall
contribute
to
restoring from other support schemes related to the insured risk.
the balance of supply and demand in the Union wine market in
order to prevent market crises.
4. Support for harvest insurance shall not distort
competition in the insurance market.
3. Support
for
green
harvesting
may
be
granted
as
compen
sation in the form of a flat rate payment per hectare to be
determined by the Member State concerned. The payment
Article 50
shall not exceed 50 % of the sum of the direct costs of the
Investments
destruction or removal of grape bunches and the loss of
revenue related to such destruction or removal.
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
4. The
Member
State
concerned
shall
establish
a
system shall be intended to improve the overall performance of the
based on objective criteria to ensure that the green harvesting
enterprise and its adaptation to market demands, as well as
measure does not lead to compensation of individual wine
to increase its competitiveness, and shall concern the
producers in excess of the ceiling fixed in paragraph 3.
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.
Article 48
Mutual funds
2. Support under paragraph 1 at its maximum rate:
1. Support
for
the
setting
up
of
mutual
funds
shall
provide
assistance to producers seeking to insure themselves against
(a) shall apply only to micro, small and medium-sized enter
market fluctuations.
prises within the meaning of Commission Recommendation
2003/361/EC ( 1 );
2. Support
for
the
setting
up
of
mutual
funds
may
be
( 1 ) Commission Recommendation 2003/361/EC of 6 May 2003
granted in the form of temporary and degressive aid to cover
concerning the definition of micro, small and medium-sized enter
the administrative costs of the funds.
prises (OJ L 124, 20.5.2003, p. 36).

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(b) may, in addition, apply to all enterprises for the outermost
Article 52
regions referred to in Article 349 TFEU and the smaller
Aegean islands as defined in Article 1(2) of Regulation
By-product distillation
(EU) No 229/2013 of the European Parliament and of the
1. Support
may
be
granted
for
the
voluntary
or
obligatory
Council ( 1 ).
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.
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
The amount of aid shall be fixed per % volume and per
million, the maximum aid intensity shall be halved.
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
Support shall not be granted to enterprises in difficulty within
contained in the wine produced.
the meaning of the Community guidelines on State aid for
rescuing and restructuring firms in difficulty ( 2 ).
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.
3. The
eligible
expenditure
shall
exclude
the
non-eligible
costs referred to in Article 69(3) of Regulation (EU)
No 1303/2013.
Member States may make the granting of support conditional
upon the lodging of a security by the beneficiary.
4. The
following
maximum
aid
rates
concerning
the
eligible 3. The
maximum
applicable
aid
levels
shall
be
based
on
investment costs shall apply to the Union contribution:
collection and processing costs and shall be fixed by the
Commission by means of implementing acts pursuant to
Article 54.
(a) 50 % in less developed regions;
4. The relevant aid shall include a lump-sum amount to
(b) 40 % in regions other than less developed regions;
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.
(c) 75 % in the outermost regions referred to in Article 349
TFEU;
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.
(d) 65 % in the smaller Aegean islands as defined in Article 1(2)
of Regulation (EU) No 229/2013.
S u b s e c t i o n 3
P r o c e d u r a l p r o v i s i o n s
5. Article
71
of
Regulation
(EU)
No
1303/2013
shall
apply
mutatis mutandis to support referred to in paragraph 1 of this
Article 53
Article.
Delegated powers
In order to ensure that Member States' wine support
Article 51
programmes meet their objectives and that there is an
Innovation in the wine sector
efficient and effective use of Union funds, the Commission
shall be empowered to adopt delegated acts in accordance
Support may be granted for tangible or intangible investments
with Article 227 establishing:
aimed at the development of new products, processes and tech
nologies concerning the products referred to in Part II of Annex
VII. The support shall be intended to increase the marketability
(a) rules on the responsibility for expenditure between the date
and competitiveness of Union grapevine products and may
of receipt by the Commission of the support programmes
include an element of knowledge transfer. The maximum aid
and modifications to support programmes, and their date of
rates concerning the Union contribution to the support
applicability;
provided under this Article shall be the same as those set out
in Article 50(4).
(b) rules on the content of support programmes and the expen
diture, administrative and personnel costs and operations
( 1 ) Regulation (EU) No 229/2013 of the European Parliament and of
that may be included in Member States' support
the Council of 13 March 2013 laying down specific measures for
programmes and the conditions for, and the possibility to
agriculture in favour of the smaller Aegean islands and repealing
Council Regulation (EC) No 1405/2006 (OJ L 78, 20.3.2013, p. 41).
make, payments through intermediaries in the case of
( 2 ) OJ C 244, 1.10.2004, p. 2.
support for harvest insurance provided for in Article 49;

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(c) rules on the requirement to lodge a security where an
S e c t i o n 5
advance payment is made;
A i d i n t h e a p i c u l t u r e s e c t o r
(d) rules on the use of terms for the purposes of this Section;
Article 55
National programmes and financing
(e) rules on the fixing of a ceiling for expenditure on the
1. With
a
view
to
improving
general
conditions
for
the
replanting of vineyards for health or phytosanitary reasons
production and marketing of apiculture products, Member
in accordance with point (c) of the first subparagraph of
States may draw up national programmes for the apiculture
Article 46(3);
sector covering a period of three years ("apiculture
programmes"). These programmes shall be developed in
(f) rules on the avoidance of double funding between:
cooperation with representative organisations in the beekeeping
field.
(i) the different operations of a Member State's wine
2. The
Union
contribution
to
the
apiculture
programmes
support programme, and
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.
(ii) a Member State's wine support programme and its rural
development or promotional programmes;
3. To be eligible for the Union contribution provided for in
paragraph 2, Member States shall carry out a study of the
(g) rules under which producers are to withdraw the by-
production and marketing structure in the beekeeping sector
products of winemaking, and on exceptions to that
in their territory.
obligation in order to avoid additional administrative
burden, and rules for the voluntary certification of distillers;
4. The
following
measures
may
be
included
in
apiculture
programmes:
(h) rules allowing Member States to establish conditions for the
proper functioning of support measures in their
(a) technical assistance to beekeepers and beekeepers' organi
programmes.
sations;
Article 54
(b) combating beehive invaders and diseases, particularly
varroasis;
Implementing powers in accordance with the examination
procedure
(c) rationalisation of transhumance;
The Commission may adopt implementing acts laying down
measures concerning:
(d) measures to support laboratories for the analysis of
apiculture products with the aim of helping beekeepers to
(a) the submission of the support programmes, the
market and increase the value of their products;
corresponding financial planning and revision of support
programmes;
(e) measures to support the restocking of hives in the Union;
(b) application, selection and payment procedures;
(f) cooperation with specialised bodies for the implementation
of applied research programmes in the field of beekeeping
and apiculture products;
(c) the submission, format and content of the reports and
evaluations of Member States' support programmes;
(g) market monitoring;
(d) the fixing, by Member States, of the rates of aid for green
(h) enhancement of product quality with a view to exploiting
harvesting and by-product distillation;
the potential of products on the market.
(e) financial management and provisions concerning the appli
Article 56
cation of the support measures by the Member States;
Delegated powers
1. In
order
to
ensure
the
effective
and
efficient
use
of
Union
(f) the procedures for, and the amount of, the security to be
funds for apiculture, the Commission shall be empowered to
lodged where an advance payment is made.
adopt delegated acts in accordance with Article 227 on:
Those implementing acts shall be adopted in accordance with
(a) the avoidance of double funding between Member States'
the examination procedure referred to in Article 229(2).
apiculture programmes and rural development programmes;

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(b) the basis for allocating the Union's financial contribution to
(b) rules on eligible hop areas and the calculation of the
each participating Member State, based, inter alia, on the
amounts to be paid to each producer organisation.
total number of bee hives in the Union.
2. In
order
to
ensure
that
the
Union
aid
scheme
is
adapted
Article 60
to the latest developments and that the measures covered are
Implementing powers in accordance with the examination
effective in improving the general conditions for the production
procedure
and marketing of apiculture products, the Commission shall be
empowered to adopt delegated acts in accordance with
The Commission may adopt implementing acts laying down the
Article 227 to update the list of measures referred to in
measures necessary for the application of this Section
Article 55(4) that may be included in Member States' apiculture
concerning the payment of aid.
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
Those implementing acts shall be adopted in accordance with
prior to the entry into force of the delegated act.
the examination procedure referred to in Article 229(2).
Article 57
CHAPTER III
Implementing powers in accordance with the examination
procedure
Scheme of authorisations for vine plantings
The Commission may adopt implementing acts laying down the
Article 61
measures necessary for the application of this Section
concerning:
Duration
The scheme of authorisations for vine plantings established in
(a) the content of national programmes and of the studies
this Chapter shall apply from 1 January 2016 to 31 December
carried out by Member States on the production and
2030, with a mid-term review to be undertaken by the
marketing structure of their beekeeping sectors;
Commission to evaluate the operation of the scheme and, if
appropriate, make proposals.
(b) the procedure for the reallocation of unused funds;
(c) the approval of apiculture programmes submitted by
S e c t i o n 1
Member States, including the allocation of the Union's
M a n a g e m e n t o f t h e s c h e m e o f
financial contribution to each participating Member State
a u t h o r i s a t i o n s f o r v i n e p l a n t i n g s
and the maximum level of funding by Member States.
Article 62
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
Authorisations
1. Vines
of
wine
grape
varieties
classified
in
accordance
with
S e c t i o n 6
Article 81(2) may only be planted or replanted if an authori
A i d i n t h e h o p s s e c t o r
sation is granted in accordance with Articles 64, 66 and 68
under the conditions laid down in this Chapter.
Article 58
Aid to producer organisations
2. Member
States
shall
grant
the
authorisation
referred
to
in
paragraph 1, corresponding to a specific area expressed in
1. The
Union
shall
grant
an
aid
to
producer
organisations
in hectares, upon submission of an application by producers
the hops sector recognised in accordance with Article 152 to
which complies with objective and non-discriminatory eligibility
finance the pursuit of the aims referred to in points (c)(i), (ii) or
criteria. Such authorisation shall be granted without a fee being
(iii) of Article 152(1).
charged to the producers.
2. The
Union
financing
for
the
aid
to
producer
organisations
provided for in paragraph 1 shall be EUR 2 277 000 per year
3. The
authorisations
referred
to
in
paragraph
1
shall
be
for Germany.
valid for three years from the date on which they were
granted. A producer who has not used an authorisation
Article 59
granted during its period of validity shall be subject to adminis
trative penalties as provided for in Article 89(4) of Regulation
Delegated powers
(EU) No 1306/2013.
In order to ensure that the aid referred to in Article 58 finances
the pursuit of the aims referred to in Article 152, the
4. This
Chapter
shall
not
apply
to
the
planting
or
replanting
Commission shall be empowered to adopt delegated acts in
of areas intended for experimental purposes or for graft
accordance with Article 227 concerning:
nurseries, to areas whose wine or vine products are intended
solely for the consumption by the wine-grower's household or
(a) aid applications, including rules on deadlines and accom
to areas to be newly planted as a result of compulsory
panying documents;
purchases in the public interest under national law.

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Article 63
(c) the application shall not pose a significant risk of misappro
priation of the reputation of specific protected designations
Safeguard mechanism for new plantings
of origin, which shall be presumed unless the existence of
1. Member
States
shall
make
available
each
year
authori
such risk is demonstrated by the public authorities;
sations for new plantings corresponding to 1 % of the total
area actually planted with vines in their territory, as measured
on 31 July of the previous year.
(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.
2. Member
States
may:
2. If the total area covered by the eligible applications
(a) apply at national level a lower percentage than the
referred to in paragraph 1 in a given year exceeds the area
percentage set out in paragraph 1;
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
(b) limit the issuing of authorisations at regional level, for
requested the authorisation. Such granting may also be
specific areas eligible for the production of wines with a
partially or completely made according to one or more of the
protected designation of origin, for areas eligible for the
following objective and non-discriminatory priority criteria:
production of wines with a protected geographical indi
cation, or for areas without a geographical indication.
(a) producers who are setting up vine plantings for the first
time, and who are established as the head of the holding
3. Any
of
the
limitations
referred
to
in
paragraph
2
shall
(new entrants);
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:
(b) areas where vineyards contribute to the preservation of the
environment;
(a) the need to avoid a well-demonstrated risk of oversupply of
wine products in relation to market prospects for those
(c) areas to be newly planted in the framework of land consoli
products, not exceeding what is necessary to satisfy this
dation projects;
need;
(d) areas facing natural or other specific constraints;
(b) the need to avoid a well-demonstrated risk of significant
devaluation of a particular protected designation of origin
or a protected geographical indication.
(e) the sustainability of projects of development or replan
tations on the basis of an economic evaluation;
4. Member
States
shall
make
public
any
decisions
adopted
pursuant to paragraph 2, which shall be duly justified. Member
(f) areas to be newly planted which contribute to increasing the
States shall notify the Commission forthwith of those decisions
competitiveness at farm holding and regional level;
and justifications.
(g) projects with the potential to improve the quality of
Article 64
products with geographical indications;
Granting of authorisations for new plantings
1. If the total area covered by the eligible applications in a
(h) areas to be newly planted in the framework of increasing
given year does not exceed the area made available by the
the size of small and medium-sized holdings.
Member State, all such applications shall be accepted.
3. Member
States
shall
make
public
the
criteria
referred
to
in
Member States may, for the purpose of this Article, apply one
paragraphs 1 and 2 that they apply and shall notify them
or more of the following objective and non-discriminatory eligi
forthwith to the Commission.
bility criteria:
Article 65
(a) the applicant shall have an agricultural area which is not
Role of professional organisations
smaller than the area for which he requests the authori
sation;
When applying Article 63(2), a Member State may take into
account recommendations presented by recognised professional
organisations operating in the wine sector referred to in Articles
(b) the applicant shall possess adequate occupational skills and
152, 156 and 157, of interested groups of producers referred to
competence;
in Article 95, or of other types of professional organisation

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L 347/712
EN
Official Journal of the European Union
20.12.2013
recognised on the basis of that Member State's legislation,
been used by those producers and are still valid by that date
provided that those recommendations are preceded by an
may be converted into authorisations under this Chapter as
agreement entered into by the relevant representative parties
from 1 January 2016.
in the reference geographical area.
Such conversion shall take place upon a request to be submitted
The recommendations shall be made for no more than three
by those producers before 31 December 2015. Member States
years.
may decide to allow producers to submit such a request to
convert rights into authorisations until 31 December 2020.
Article 66
2. Authorisations
granted
pursuant
to
paragraph
1
shall
have
Replantings
the same period of validity as the planting rights referred to in
paragraph 1. If these authorisations are not used, they shall
1. Member
States
shall
automatically
grant
an
authorisation expire at the latest by 31 December 2018, or, where a
to producers who have grubbed up an area planted with vines
Member State has taken the decision referred to in the second
as from 1 January 2016 and submitted an application. Such
subparagraph of paragraph 1, at the latest by 31 December
authorisation shall correspond to the equivalent of that area in
2023.
terms of pure crop. The areas covered by such authorisations
shall not be counted for the purposes of Article 63.
3. The areas covered by the authorisations granted pursuant
to paragraph 1 shall be not be counted for the purposes of
2. Member
States
may
grant
the
authorisation
referred
to
in Article 63.
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
Article 69
date on which new vines have been planted.
Delegated powers
The Commission shall be empowered to adopt delegated acts in
3. The
authorisation
referred
to
in
paragraph
1
shall
be
used accordance with Article 227 concerning:
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
(a) the conditions for the application of the exemption referred
geographical indications, restrict the replanting, on the basis
to in Article 62(4);
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 spec
(b) the rules relating to the criteria referred to in Article 64(1)
ification as the area grubbed up.
and (2);
4. This
Article
shall
not
apply
in
the
case
of
grubbing
up
of (c) the addition of criteria to those listed in Article 64(1) and
non-authorised plantings.
(2);
(d) the co-existence of vines that the producer has undertaken
Article 67
to grub up with newly planted vines pursuant to
De minimis
Article 66(2);
1. The
scheme
of
authorisations
for
vine
plantings
estab
lished in this Chapter shall not apply in Member States where
(e) the grounds for Member State decisions under Article 66(3).
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.
Article 70
Implementing powers in accordance with the examination
procedure
2. Member States to which the regime referred to in
paragraph 1 applied on 31 December 2007, and in respect of
The Commission may adopt implementing acts laying down the
which the areas currently planted with vines do not exceed
necessary measures in relation to:
10 000 hectares, may decide not to implement the scheme of
authorisations for vine plantings established in this Chapter.
(a) the procedures for granting the authorisations;
Article 68
(b) the records to be kept by the Member States and notifi
Transitional provisions
cations to be sent to the Commission.
1. Planting
rights
granted
to
producers
in
accordance
with
Article 85h, Article 85i or Article 85k of Regulation (EC)
Those implementing acts shall be adopted in accordance with
No 1234/2007 before 31 December 2015 which have not
the examination procedure referred to in Article 229(2).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/713
S e c t i o n 2
veterinary, phytosanitary and food sectors to ensure that
products comply with hygiene and health standards and to
C o n t r o l o f t h e s c h e m e o f a u t h o r i s a t i o n s
protect animal, plant and human health, this Section lays
f o r v i n e p l a n t i n g s
down the rules concerning marketing standards. Those rules
shall be divided between obligatory rules and optional
Article 71
reserved terms for agricultural products.
Non-authorised plantings
1. Producers
shall
grub
up
at
their
own
cost
areas
planted
S u b s e c t i o n 2
with vines without an authorisation.
M a r k e t i n g s t a n d a r d s b y s e c t o r s o r p r o d u c t s
2. If
producers
do
not
grub
up
within
four
months
from
the
date on which they are notified of the irregularity, Member
Article 74
States shall ensure the grubbing up of such non-authorised
General principle
plantings within two years following the expiry of the four-
month period. The relevant cost shall be charged to the
The products for which marketing standards by sectors or
producers concerned.
products have been laid down in accordance with this Section
may be marketed in the Union only if they conform to those
3. Member
States
shall
communicate
to
the
Commission
by standards.
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
Article 75
paragraphs 1 and 2.
Establishment and content
4.
A producer who has not complied with the obligation laid
1. Marketing
standards
may
apply
to
one
or
more
of
the
down in paragraph 1 of this Article shall be subject to penalties
following sectors and products:
to be laid down in accordance with Article 64 of Regulation
(EU) No 1306/2013.
(a) olive oil and table olives;
5. Areas
planted
with
vines
without
an
authorisation
shall
not benefit from any national or Union support measures.
(b) fruit and vegetables;
Article 72
Implementing powers in accordance with the examination
procedure
(c) processed fruit and vegetable products;
The Commission may adopt implementing acts laying down
necessary measures setting out the details of the communication
(d) bananas;
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.
(e) live plants;
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(f) eggs;
TITLE II
RULES CONCERNING MARKETING AND PRODUCER
(g) poultrymeat;
ORGANISATIONS
(h) spreadable fats intended for human consumption;
CHAPTER I
Rules concerning marketing
(i) hops.
S e c t i o n 1
M a r k e t i n g s t a n d a r d s
2. In
order
to
take
into
account
the
expectations
of
consumers and to improve the economic conditions for the
S u b s e c t i o n 1
production and marketing as well as the quality of the agri
cultural products covered by paragraphs 1 and 4 of this Article,
I n t r o d u c t o r y p r o v i s i o n s
the Commission shall be empowered to adopt delegated acts in
accordance with Article 227 on marketing standards by sectors
Article 73
or products, at all stages of the marketing, as well as dero
Scope
gations and exemptions from such standards in order to
adapt to constantly changing market conditions, to evolving
Without prejudice to any other provisions applicable to agri
consumer demands, to developments in relevant international
cultural products, as well as to the provisions adopted in the
standards and to avoid creating obstacles to product innovation.

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Official Journal of the European Union
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3. Without
prejudice
to
Article
26
of
Regulation
(EU)
(l) specific
use;
No 1169/2011 of the European Parliament and of the Coun
cil ( 1 ), the marketing standards referred to in paragraph 1 may
cover one or more of the following, to be determined on a
(m) the conditions governing the disposal, the holding, circu
sectoral or product basis and based on the characteristics of
lation and use of products not in conformity with the
each sector, the need to regulate the placing on the market
marketing standards adopted pursuant to paragraph 1 or
and the conditions defined in paragraph 5 of this Article:
with the definitions, designations and sales descriptions as
referred to in Article 78, as well as the disposal of by-
products.
(a) the technical definitions, designation and sales descriptions
for sectors other than those set out in Article 78;
4. In
addition
to
paragraph
1,
marketing
standards
may
apply to the wine sector. Points (f), (g), (h), (k) and (m) of
(b) classification criteria such as grading into classes, weight,
paragraph 3 shall apply to that sector.
sizing, age and category;
5. The marketing standards by sectors or products adopted
(c) the species, plant variety or animal race or the commercial
pursuant to paragraph 1 of this Article shall be established
type;
without prejudice to Articles 84 to 88 and Annex IX and
shall take into account:
(d) the presentation, labelling linked to obligatory marketing
standards, packaging, rules to be applied in relation to
(a) the specific characteristics of the product concerned;
packing centres, marking, year of harvesting and use of
specific terms, without prejudice to Articles 92 to 123;
(b) the need to ensure the conditions to facilitate the placing of
the products on the market;
(e) criteria such as appearance, consistency, conformation,
product characteristics and the percentage of water content;
(c) the interest of producers to communicate the product and
farming characteristics, and the interest of consumers to
(f) specific substances used in production, or components or
receive adequate and transparent product information,
constituents, including their quantitative content, purity
including the place of farming to be determined on a
and identification;
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
(g) the type of farming and production method including
offered to producers and the end consumer;
oenological practices and advanced systems of sustainable
production;
(d) the methods available for determining physical, chemical
and organoleptic characteristics of the products;
(h) coupage of must and wine including definitions thereof,
blending and restrictions thereof;
(e) the standard recommendations adopted by international
bodies;
(i) the frequency of collection, delivery, preservation and
handling, the conservation method and temperature,
storage and transport;
(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.
(j) the
place
of
farming
and/or
origin,
excluding
poultrymeat
and spreadable fats;
6. In
order
to
take
into
account
the
expectations
of
consumers and the need to improve the quality and the
(k) restrictions as regards the use of certain substances and
economic conditions for the production and marketing of agri
practices;
cultural 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
( 1 ) Regulation (EU) No 1169/2011 of the European Parliament and of
the Council of 25 October 2011 on the provision of food
limited to demonstrated needs resulting from evolving
information to consumers, amending Regulations (EC)
consumer demand, technical progress or the need for product
No 1924/2006 and (EC) No 1925/2006 of the European Parliament
innovation, and shall be subject to a Commission report to the
and of the Council, and repealing Commission Directive
European Parliament and to the Council evaluating, in
87/250/EEC, Council Directive 90/496/EEC, Commission Directive
particular, the needs of the consumer, the costs and adminis
1999/10/EC, Directive 2000/13/EC of the European Parliament and
trative burdens for operators, including the impact on the
of the Council, Commission Directives 2002/67/EC and 2008/5/EC
and Commission Regulation (EC) No
608/2004 (OJ L 304,
internal market and on international trade, and the benefits
22.11.2011, p. 18).
offered to producers and to the end consumer.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/715
Article 76
In the case of imported products of the hops sector, the attes
tation provided for in Article 190(2) shall be deemed to be
Additional requirements for marketing of products in the
equivalent to that certificate.
fruit and vegetables sector
1. In addition, where relevant, to the applicable marketing
5. The
Commission
shall
be
empowered
to
adopt
delegated
standards referred to in Article 75, products of the fruit and
acts in accordance with Article 227 laying down measures
vegetables sector which are intended to be sold fresh to the
derogating from paragraph 4 of this Article:
consumer may only be marketed if they are sound, fair and
of marketable quality and if the country of origin is indicated.
(a) in order to satisfy the trade requirements of certain third
countries; or
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,
(b) for products intended for special uses.
shall apply at all marketing stages including import and export,
and may cover quality, categorisation, weight, size, packing,
The measures referred to in the first subparagraph shall:
packaging, storage, transport, presentation and marketing.
(i) not prejudice the normal marketing of products for which
3. The holder of products of the fruit and vegetables sector
the certificate has been issued; and
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
(ii) be accompanied by guarantees intended to avoid any
and shall be responsible for ensuring such conformity.
confusion with those products.
4. In
order
to
ensure
the
proper
application
of
requirements
Article 78
set out in paragraph 1 of this Article and to take into account
Definitions, designations and sales descriptions for certain
certain specific situations, the Commission shall be empowered
sectors and products
to adopt delegated acts in accordance with Article 227
concerning specific derogations to this Article which are
1. In
addition,
where
relevant,
to
the
applicable
marketing
necessary for its proper application.
standards, the definitions, designations and sales descriptions
provided for in Annex VII shall apply to the following sectors
or products:
Article 77
Certification for hops
(a) beef and veal;
1. In addition, where relevant, to the applicable marketing
standards, products of the hops sector harvested or prepared
(b) wine;
within the Union shall be subject to a certification procedure
under this Article.
(c) milk and milk products intended for human consumption;
2. Certificates
may
be
issued
only
for
products
having
the (d) poultrymeat;
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
(e) eggs;
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.
(f) spreadable fats intended for human consumption; and
(g) olive oil and table olives.
3. The
certificates
shall
at
least
indicate:
2. The
definitions,
designations
or
sales
descriptions
provided
(a) the place(s) of production of the hops;
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.
(b) the year(s) of harvesting; and
3. The
Commission
shall
be
empowered
to
adopt
delegated
(c) the variety or varieties.
acts in accordance with Article 227 concerning the modifica
tions, derogations or exemptions to the definitions and sales
descriptions provided for in Annex VII. Those delegated acts
4. Products
of
the
hops
sector
may
be
marketed
or
exported shall be strictly limited to demonstrated needs resulting from
only if covered by a certificate issued in accordance with this
evolving consumer demand, technical progress or the need for
Article.
product innovation.

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20.12.2013
4. In
order
to
ensure
that
operators
and
Member
States
have (a) they have undergone unauthorised Union oenological prac
a clear and proper understanding of the definitions and sales
tices;
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
(b) they have undergone unauthorised national oenological
application.
practices; or
(c) they do not comply with the rules laid down in Annex VIII.
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
The grapevine products which are unmarketable in accordance
in accordance with Article 227 to specify the milk products in
with the first subparagraph shall be destroyed. By way of dero
respect of which the animal species from which the milk orig
gation from this rule, Member States may authorise the use of
inates is to be stated, if it is not bovine, and to lay down the
certain of such products, the characteristics of which they shall
necessary rules.
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 unauth
Article 79
orised oenological practices.
Tolerance
1. In
order
to
take
into
account
the
specific
characteristics
of 3. When
authorising
oenological
practices
for
wine
as
each product or sector, the different marketing stages, the
referred to in point (g) of Article 75(3), the Commission shall:
technical conditions, any possible considerable practical
difficulty, and also the accuracy and repeatability of the
(a) take into account the oenological practices and methods of
methods of analysis, the Commission shall be empowered to
analyses recommended and published by the OIV, as well as
adopt delegated acts in accordance with Article 227 on
the results of experimental use of as-yet unauthorised oeno
tolerance for one or more specific standards in excess of
logical practices;
which the entire batch of products shall be considered not to
respect that standard.
(b) take into account the protection of human health;
2. When
adopting
the
acts
referred
to
in
paragraph
1,
the
Commission shall take into account the need not to alter the
(c) take into account the possible risk of consumers being
intrinsic characteristics of the product and to avoid lowering its
misled due to their well established perception of the
quality.
product and their corresponding expectations, having
regard to the availability and feasibility of informational
means to exclude such risks;
Article 80
Oenological practices and methods of analyses
(d) allow the preservation of the natural and essential character
istics of the wine and not cause a substantial change in the
1. Only
oenological
practices
authorised
in
accordance
with
composition of the product concerned;
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
(e) ensure an acceptable minimum level of environmental care;
the Union.
(f) respect the general rules concerning oenological practices
The first subparagraph shall not apply to:
and the rules laid down in Annex VIII.
(a) grape juice and concentrated grape juice; and
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
(b) grape must and concentrated grape must intended for the
on the national procedures referred to in the second
preparation of grape juice.
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.
Authorised oenological practices shall only be used for the
purposes of ensuring proper vinification, proper preservation
or proper refinement of the product.
5. The
Commission
shall,
where
necessary,
adopt
imple
menting acts laying down the methods referred to in point
(d) of Article 75(5) for products listed in Part II of Annex
Products listed in Part II of Annex VII shall be produced in the
VII. Those methods shall be based on any relevant methods
Union in accordance with the rules laid down in Annex VIII.
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
2. Products
listed
in
Part
II
of
Annex
VII
shall
not
be adopted in accordance with the examination procedure
marketed in the Union if:
referred to in Article 229(2).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/717
Pending the adoption of such implementing acts, the methods
5. Areas
planted
with
wine
grape
varieties
for
the
purpose
of
and rules to be used shall be those allowed by the Member State
wine production planted in breach of paragraphs 2, 3 and 4
concerned.
shall be grubbed up.
Article 81
However, there shall be no obligation to grub up such areas
Wine grape varieties
where the relevant production is intended exclusively for
consumption by the wine-producer's household.
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.
Article 82
Specific use of wine not conforming to the categories
2. Subject
to
paragraph
3,
Member
States
shall
classify
which
listed in Part II of Annex VII
wine grape varieties may be planted, replanted or grafted on
their territories for the purpose of wine production.
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
Only wine grape varieties meeting the following conditions may
drawn up in accordance with the first subparagraph of
be classified by Member States:
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
(a) the variety concerned belongs to the species Vitis vinifera or
the production of wine vinegar or for distillation.
comes from a cross between the species Vitis vinifera and
other species of the genus Vitis;
Article 83
(b) the variety is not one of the following: Noah, Othello,
National rules for certain products and sectors
Isabelle, Jacquez, Clinton and Herbemont.
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
Where a wine grape variety is deleted from the classification
be assessed on the basis of criteria relating, in particular, to the
referred to in the first subparagraph, grubbing up of this variety
raw materials used, the organoleptic characteristics of the
shall take place within 15 years of its deletion.
products and their physical and microbiological stability.
3. Member States whose wine production does not exceed
50 000 hectolitres per wine year, calculated on the basis of the
Member States making use of the option provided for in the
average production during the last five wine years, shall be
first subparagraph shall ensure that other Member States'
exempt from the classification obligation provided for in the
products complying with the criteria laid down by those
first subparagraph of paragraph 2.
national rules may, in a non-discriminatory way, use terms
which state that those criteria have been complied with.
However, also in those Member States, only wine grape varieties
complying with the second subparagraph of paragraph 2 may
2. Member
States
may
limit
or
prohibit
the
use
of
certain
be planted, replanted or grafted for the purpose of wine
oenological practices and provide for more stringent rules for
production.
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
4. By
way
of
derogation
from
the
first
and
third
subpara
or a protected geographical indication and of sparkling wines
graphs of paragraph 2 and the second subparagraph of
and liqueur wines.
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:
3. Member
States
may
allow
the
experimental
use
of
unauth
orised oenological practices.
(a) wine grape varieties which are not classified, in the case of
the Member States other than those referred to in
4. In
order
to
ensure
the
correct
and
transparent
application
paragraph 3;
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
(b) wine grape varieties which do not comply with the second
Article, as well as the conditions for the holding, circulation and
subparagraph of paragraph 2, in the case of the Member
use of the products obtained from the experimental practices
States referred to in paragraph 3.
referred to in paragraph 3 of this Article.

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L 347/718
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Official Journal of the European Union
20.12.2013
5. Member
States
may
only
adopt
or
maintain
additional
Article 87
national provisions on products covered by a Union
marketing standard if those provisions comply with Union
Additional optional reserved terms
law, in particular the principle of free movement of goods,
1. A term shall be eligible to be reserved as an additional
and subject to Directive 98/34/EC of the European Parliament
optional reserved term only if it fulfils all of the following
and of the Council ( 1 ).
requirements:
S u b s e c t i o n 3
(a) the term relates to a characteristic of a product or to a
O p t i o n a l r e s e r v e d t e r m s
farming or processing attribute and relates to a sector or
product;
Article 84
General provision
(b) the use of the term enables clearer communication of the
A scheme for optional reserved terms by sector or by product
added value of the product by its specific characteristics or
shall be established in order to make it easier for producers of
farming or processing attributes;
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
(c) when the product is placed on the market, the characteristic
complement the specific marketing standards.
or attribute referred to in point (a) is identifiable by
consumers in several Member States;
This Subsection shall not apply to wine products referred to in
Article 92(1).
(d) the conditions and use of the term are in conformity with
Directive 2000/13/EC of the European Parliament and of
the Council (
Article 85

2 ) or Regulation (EU) No 1169/2011.
Existing optional reserved terms
1. The
optional
reserved
terms
covered
by
this
scheme
on
When introducing an additional optional reserved term, the
20 December 2013 are listed in Annex IX and the conditions of
Commission shall take account of any relevant international
their use shall be laid down pursuant to point (a) of Article 86.
standard and of the existing reserved terms for the products
or sectors involved.
2. The optional reserved terms referred to in paragraph 1 of
this Article shall remain in force, subject to any amendment,
2. In
order
to
take
the
characteristics
of
certain
sectors
as
unless cancelled pursuant to Article 86.
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
Article 86
the introduction of an additional reserved term, as referred to in
paragraph 1 of this Article.
Reservation, amendment and cancellation of optional
reserved terms
In order to take account of the expectations of consumers,
Article 88
developments in scientific and technical knowledge, the
situation in the market and developments in marketing
Restrictions on use of optional reserved terms
standards and in international standards, the Commission
1. An
optional
reserved
term
may
only
be
used
to
describe
shall be empowered to adopt delegated acts in accordance
products that conform to the applicable conditions of use.
with Article 227:
2. Member
States
shall
adopt
appropriate
measures
to
ensure
(a) reserving an additional optional reserved term, laying down
that product labelling does not give rise to confusion with
its conditions of use;
optional reserved terms.
(b) amending the conditions of use of an optional reserved
term; or
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
(c) cancelling an optional reserved term.
acts in accordance with Article 227 laying down additional
rules on the use of optional reserved terms.
( 1 ) Directive 98/34/EC of the European Parliament and of the Council
of 22 June 1998 laying down a procedure for the provision of
( 2 ) Directive 2000/13/EC of the European Parliament and of the
information in the field of technical standards and regulations and
Council of 20 March 2000 on the approximation of the laws of
of rules on Information Society services (OJ L 204, 21.7.1998,
the Member States relating to the labelling, presentation and adver
p. 37).
tising of foodstuffs (OJ L 109, 6.5.2000, p. 29).

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S u b s e c t i o n 4
(a) establishing the list of milk and milk products referred to in
the second paragraph of point 5 of Part III of Annex VII
M a r k e t i n g s t a n d a r d s r e l a t e d t o i m p o r t a n d
and spreadable fats referred to in point (a) of the sixth
e x p o r t
paragraph of Section I of Part VII of Annex VII, on the
basis of indicative lists of products which Member States
Article 89
regard as corresponding, in their territory, to those
General provisions
provisions and which Member States shall send to the
Commission;
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
(b) laying down rules for the implementation of the marketing
be empowered to adopt delegated acts in accordance with
standards by sector or product;
Article 227 concerning:
(c) laying down rules for determining whether products have
(a) the conditions under which imported products are
undergone processes contrary to the authorised oenological
considered to have an equivalent level of conformity to
practices;
the Union marketing standards and conditions allowing
derogation from Article 74; and
(d) laying down rules for the methods of analysis for deter
(b) the rules concerning the application of the marketing
mining the characteristics of products;
standards to products exported from the Union.
(e) laying down rules for fixing the tolerance level;
Article 90
Special provisions for the imports of wine
(f) laying down rules for the implementation of the measures
1. Save
as
otherwise
provided
for
in
international
agreements
referred to in Article 89;
concluded in accordance with the TFEU, the provisions
concerning designation of origin and geographical indications
(g) laying down rules for the identification or registration of the
and labelling of wine set out in Section 2 of this Chapter, and
producer and/or the industrial facilities in which the product
the definitions, designations and sales descriptions referred to in
has been prepared or processed, for the certification
Article 78 of this Regulation shall apply to products imported
procedures and for the commercial documents, accom
into the Union and falling within CN codes 2009 61, 2009 69
panying documents and records to be kept.
and 2204.
2. Save
as
otherwise
provided
for
in
international
agreements Those implementing acts shall be adopted in accordance with
concluded in accordance with the TFEU, products referred to in
the examination procedure referred to in Article 229(2).
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
S e c t i o n 2
Article 80(3), produced in accordance with oenological
D e s i g n a t i o n s o f o r i g i n , g e o g r a p h i c a l
practices recommended and published by the OIV.
i n d i c a t i o n s a n d t r a d i t i o n a l t e r m s i n t h e
w i n e s e c t o r
3. The
import
of
the
products
referred
to
in
paragraph
1
shall be subject to the presentation of:
S u b s e c t i o n 1
I n t r o d u c t o r y p r o v i s i o n s
(a) a certificate evincing compliance with the provisions
referred to in paragraphs 1 and 2, drawn up by a
Article 92
competent body, included on a list to be made public by
the Commission, in the product's country of origin;
Scope
1. Rules
on
designations
of
origin,
geographical
indications
(b) an analysis report drawn up by a body or department
and traditional terms laid down in this Section shall apply to
designated by the product's country of origin, if the
the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16
product is intended for direct human consumption.
of Part II of Annex VIII.
S u b s e c t i o n 5
2. The
rules
referred
to
in
paragraph
1
shall
be
based
on:
C o m m o n p r o v i s i o n s
(a) protecting the legitimate interests of consumers and
Article 91
producers;
Implementing powers in accordance with the examination
procedure
(b) ensuring the smooth operation of the internal market in the
The Commission may adopt implementing acts:
products concerned; and

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(c) promoting the production of quality products referred to in
(c) fulfil the requirements referred to in points (a)(i) to (iv) of
this Section, whilst allowing national quality policy
paragraph 1; and
measures.
(d) have undergone the procedure conferring protection on
S u b s e c t i o n 2
designations of origin and geographical indications laid
down in this Subsection.
D e s i g n a t i o n s o f o r i g i n a n d g e o g r a p h i c a l
i n d i c a t i o n s
3. Designations
of
origin
and
geographical
indications,
Article 93
including those relating to geographical areas in third countries,
shall be eligible for protection in the Union in accordance with
Definitions
the rules laid down in this Subsection.
1. For
the
purposes
of
this
Section,
the
following
definitions
shall apply:
4. Production
as
referred
to
in
point
(a)(iii)
of
paragraph
1
shall cover all the operations involved, from the harvesting of
the grapes to the completion of the wine-making processes,
(a) "a designation of origin" means the name of a region, a
with the exception of any post-production processes.
specific place or, in exceptional and duly justifiable cases,
a country used to describe a product referred to in
Article 92(1) fulfilling the following requirements:
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
(i) the quality and characteristics of the product are essen
Member State or third country in which the demarcated area is
tially or exclusively due to a particular geographical
situated.
environment with its inherent natural and human
factors;
Article 94
Applications for protection
(ii) the grapes from which the product is produced come
exclusively from that geographical area;
1. Applications
for
protection
of
names
as
designations
of
origin or geographical indications shall include a technical file
containing:
(iii) the production takes place in that geographical area;
and
(a) the name to be protected;
(iv) the product is obtained from vine varieties belonging to
Vitis vinifera;
(b) the name and address of the applicant;
(b) "a geographical indication" means an indication referring to
(c) a product specification, as referred to in paragraph 2; and
a region, a specific place or, in exceptional and duly
justifiable cases, a country, used to describe a product
(d) a single document summarising the product specification
referred to in Article 92(1) fulfilling the following require
referred to in paragraph 2.
ments:
2. The
product
specification
shall
enable
interested
parties
to
(i) it possesses a specific quality, reputation or other char
verify the relevant conditions of production relating to the
acteristics attributable to that geographical origin;
designation of origin or geographical indication.
(ii) at least 85 % of the grapes used for its production come
The product specification shall at least consist of:
exclusively from that geographical area;
(a) the name to be protected;
(iii) its production takes place in that geographical area; and
(b) a description of the wine or wines:
(iv) it is obtained from vine varieties belonging to Vitis
vinifera or a cross between the Vitis vinifera species
(i) in respect of a designation of origin, the principal
and other species of the genus Vitis.
analytical and organoleptic characteristics;
2. Certain
traditionally
used
names
shall
constitute
a
desig
(ii) in respect of a geographical indication, the principal
nation of origin where they:
analytical characteristics as well as an evaluation or indi
cation of its organoleptic characteristics;
(a) designate a wine;
(c) where applicable, the specific oenological practices used to
make the wine or wines, as well as the relevant restrictions
(b) refer to a geographical name;
on making them;

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(d) the demarcation of the geographical area concerned;
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
(e) the maximum yields per hectare;
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
(f) an indication of the wine grape variety or varieties that the
substantiated statement with that Member State.
wine or wines are obtained from;
4. If
the
Member
State
assessing
the
application
considers
(g) the details bearing out the link referred to in point (a)(i) or,
that the designation of origin or the geographical indication
as the case may be, in point (b)(i) of Article 93(1);
does not comply with the conditions laid down in this
Subsection or is incompatible with Union law, it shall reject
the application.
(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
5. If
the
Member
State
assessing
the
application
considers
of origin or the protected geographical indication, having
that the requirements are fulfilled, it shall carry out a national
regard to the fact that such requirements must be objective,
procedure which ensures adequate publication of the product
non-discriminatory and compatible with Union law;
specification at least on the Internet and forward the application
to the Commission.
(i) the name and address of the authorities or bodies verifying
compliance with the provisions of the product specification,
Article 97
and their specific tasks.
Scrutiny by the Commission
1. The
Commission
shall
make
public
the
date
of
submission
3. Where the application for protection concerns a of the application for protection of the designation of origin or
geographical area in a third country, it shall contain, in
geographical indication.
addition to the elements provided for in paragraphs 1 and 2,
proof that the name concerned is protected in its country of
origin.
2. The
Commission
shall
examine
whether
the
applications
for protection as referred to in Article 94 meet the conditions
laid down in this Subsection.
Article 95
Applicants
3. Where
the
Commission
considers
that
the
conditions
laid
1. Any
interested
group
of
producers,
or
in
exceptional
and down in this Subsection are met, it shall adopt implementing
duly justifiable cases a single producer, may apply for the
acts concerning the publication, in the Official Journal of the
protection of a designation of origin or geographical indication.
European Union, of the single document referred to in point
Other interested parties may participate in the application.
(d) of Article 94(1) 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
2. Producers
may
apply
for
protection
only
for
wines
which without applying the procedure referred to in Article 229(2)
they produce.
or (3).
3. In the case of a name designating a trans-border
4. Where
the
Commission
considers
that
the
conditions
laid
geographical area or a traditional name connected to a trans-
down in this Subsection are not met, it shall adopt imple
border geographical area, a joint application may be submitted.
menting acts rejecting the application.
Article 96
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
Preliminary national procedure
1. Applications for protection of a designation of origin or a
geographical indication for wines originating in the Union shall
Article 98
be subject to a preliminary national procedure.
Objection procedure
Within two months from the date of the publication of the
2. The
application
for
protection
shall
be
filed
with
the single document as referred to in point (d) of Article 94(1),
Member State in the territory of which the designation of
any Member State or third country, or any natural or legal
origin or geographical indication originates.
person having a legitimate interest and resident or established
in a Member State other than that applying for the protection
or in a third country, may object to the proposed protection by
3. The
Member
State
with
which
the
application
for submitting to the Commission a duly substantiated statement
protection is filed shall examine it in order to verify whether
concerning the conditions of eligibility as laid down in this
it meets the conditions set out in this Subsection.
Subsection.

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In the case of natural or legal persons resident or established in
shall be without prejudice to protected geographical indications
third countries, such a statement shall be submitted, either
applying to spirit drinks as defined in Article 2 of Regulation
directly or via the authorities of the third country concerned,
(EC) No 110/2008 of the European Parliament and of the
within the two month period referred to in the first paragraph.
Council ( 1 ).
Article 99
Article 101
Decision on protection
Additional grounds for refusal of protection
On the basis of the information available to the Commission
1. A
name
that
has
become
generic
shall
not
be
protected
as
upon the completion of the objection procedure referred to in
a designation of origin or a geographical indication.
Article 98, the Commission shall adopt implementing acts
either conferring protection on the designation of origin or
For the purposes of this Section, a "name that has become
geographical indication which meets the conditions laid down
generic" means the name of a wine which, although it relates
in this Subsection and is compatible with Union law, or
to the place or the region where this product was originally
rejecting the application where those conditions are not met.
produced or marketed, has become the common name of a
wine in the Union.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
To establish whether or not a name has become generic, the
relevant factors shall be taken into account, in particular:
Article 100
(a) the existing situation in the Union, notably in areas of
Homonyms
consumption;
1. A
name
for
which
an
application
is
submitted
and
which
is wholly or partially homonymous with a name already
(b) the relevant Union or national law.
registered under this Regulation shall be registered with due
regard to local and traditional usage and any risk of confusion.
2. A
name
shall
not
be
protected
as
a
designation
of
origin
or geographical indication where, in the light of a trade mark's
A homonymous name which misleads the consumer into
reputation and renown, protection could mislead the consumer
believing that products come from another territory shall not
as to the true identity of the wine.
be registered even if the name is accurate as far as the actual
territory, region or place of origin of those products is
Article 102
concerned.
Relationship with trade marks
1. The
registration
of
a
trade
mark
that
contains
or
consists
A registered homonymous name may be used only if there is a
of a protected designation of origin or a geographical indication
sufficient distinction in practice between the homonym
which does not comply with the product specification
registered subsequently and the name already in the register,
concerned or the use of which falls under Article 103(2), and
having regard to the need to treat the producers concerned in
that relates to a product falling under one of the categories
an equitable manner and the need to avoid misleading the
listed in Part II of Annex VII shall be:
consumer.
(a) refused if the application for registration of the trade mark
2. Paragraph
1
shall
apply
mutatis
mutandis
if
a
name
for
is submitted after the date of submission of the application
which an application is submitted is wholly or partially
for protection of the designation of origin or geographical
homonymous with a geographical indication protected under
indication to the Commission and the designation of origin
the national law of Member States.
or geographical indication is subsequently protected; or
3. Where
the
name
of
a
wine
grape
variety
contains
or (b) invalidated.
consists of a protected designation of origin or a protected
geographical indication, that name shall not be used for the
2. Without
prejudice
to
Article
101(2),
a
trade
mark
referred
purposes of labelling agricultural products.
to in paragraph 1 of this Article which has been applied for,
registered or established by use in good faith, if that possibility
is provided for by the law concerned, in the territory of the
In order to take into account existing labelling practices, the
Union either before the date of protection of the designation of
Commission shall be empowered to adopt delegated acts in
origin or geographical indication in the country of origin, or
accordance with Article 227 laying down exceptions from
before 1 January 1996, may continue to be used and renewed
that rule.
( 1 ) Regulation (EC) No 110/2008 of the European Parliament and of the
Council of 15 January 2008 on the definition, description, presen
4. The protection of designations of origin and geographical
tation, labelling and the protection of geographical indications of
indications of products covered by Article 93 of this Regulation
spirit drinks (OJ L 39, 13.2.2008, p. 16).

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notwithstanding the protection of a designation of origin or
3. Protected designations of origin and protected
geographical indication, provided that no grounds for the
geographical indications shall not become generic in the
trade mark's invalidity or revocation exist under Directive
Union within the meaning of Article 101(1).
2008/95/EC of the European Parliament and of the Council ( 1 )
or under Council Regulation (EC) No 207/2009 ( 2 ).
Article 104
Register
In such cases, the use of the designation of origin or
geographical indication shall be permitted alongside the
The Commission shall establish and maintain an electronic
relevant trade marks.
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
Article 103
the Union pursuant to an international agreement to which the
Union is a contracting party may be entered in the register.
Protection
Unless specifically identified in that agreement as protected
1. A
protected
designation
of
origin
and
a
protected designations of origin within the meaning of this Regulation,
geographical indication may be used by any operator
such names shall be entered in the register as protected
marketing a wine which has been produced in conformity
geographical indications.
with the corresponding product specification.
Article 105
2. A
protected
designation
of
origin
and
a
protected
Amendments to product specifications
geographical indication, as well as the wine using that
An applicant satisfying the conditions laid down in Article 95
protected name in conformity with the product specifications,
may apply for approval of an amendment to the product spec
shall be protected against:
ification of a protected designation of origin or of a protected
geographical indication, in particular to take account of devel
opments in scientific and technical knowledge or to rede
(a) any direct or indirect commercial use of that protected
marcate the geographical area referred to in point (d) of the
name:
second subparagraph of Article 94(2). Applications shall
describe and state reasons for the amendments requested.
(i) by comparable products not complying with the
Article 106
product specification of the protected name; or
Cancellation
The Commission may, on its own initiative or on a duly
(ii) in so far as such use exploits the reputation of a desig
substantiated request by a Member State, a third country or a
nation of origin or a geographical indication;
natural or legal person having a legitimate interest, adopt imple
menting acts cancelling the protection of a designation of origin
or a geographical indication if compliance with the
(b) any misuse, imitation or evocation, even if the true origin of
corresponding product specification is no longer ensured.
the product or service is indicated or if the protected name
is translated, transcripted or transliterated or accompanied
Those implementing acts shall be adopted in accordance with
by an expression such as "style", "type", "method", "as
the examination procedure referred to in Article 229(2).
produced in", "imitation", "flavour", "like" or similar;
Article 107
(c) any other false or misleading indication as to the prov
Existing protected wine names
enance, origin, nature or essential qualities of the product,
on the inner or outer packaging, advertising material or
1. Wine names referred to in Articles 51 and 54 of
documents relating to the wine product concerned, as
Council Regulation (EC) No 1493/1999 ( 3 ) and Article 28 of
well as the packing of the product in a container liable to
Commission Regulation (EC) No 753/2002 ( 4 ) shall be auto
convey a false impression as to its origin;
matically protected under this Regulation. The Commission
shall list them in the register provided for in Article 104 of
this Regulation.
(d) any other practice liable to mislead the consumer as to the
true origin of the product.
( 3 ) Council Regulation (EC) No 1493/1999 of 17 May 1999 on the
common organisation of the market in wine (OJ L 179, 14.7.1999,
p. 1).
( 1 ) Directive 2008/95/EC of the European Parliament and of the
( 4 ) Commission Regulation (EC) No 753/2002 of 29 April 2002 laying
Council of 22 October 2008 to approximate the laws of the
down certain rules for applying Council Regulation (EC)
Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).
No 1493/1999 as regards the description, designation, presentation
( 2 ) Council Regulation (EC) No 207/2009 of 26 February 2009 on the
and protection of certain wine sector products (OJ L 118, 4.5.2002,
Community trade mark (OJ L 78, 24.3.2009, p. 1).
p. 1).

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2. The
Commission
shall
take
the
corresponding
formal
step (b) the conditions to be followed in respect of an application
of removing wine names to which Article 118s(3) of Regulation
for the protection of a designation of origin or geographical
(EC) No 1234/2007 applies from the register provided for in
indication, scrutiny by the Commission, the objection
Article 104 of this Regulation by means of implementing acts
procedure, and procedures for amendment, cancellation
adopted without applying the procedure referred to in
and conversion of protected designations of origin or
Article 229(2) or (3) of this Regulation.
protected geographical indications;
3. Article
106
shall
not
apply
to
existing
protected
wine (c) the conditions applicable to trans-border applications;
names referred to in paragraph 1 of this Article.
Until 31 December 2014, the Commission may, on its own
(d) the conditions for applications concerning geographical
initiative, adopt implementing acts cancelling the protection of
areas in a third country;
existing protected wine names referred to in paragraph 1 of this
Article if they do not meet the conditions laid down in
(e) the date from which a protection or an amendment to a
Article 93.
protection shall apply;
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(f) the conditions related to amendments to product specifi
cations.
4. For
Croatia,
the
wine
names
published
in
the Official
Journal of the European Union ( 1 ) shall be protected under this
4. In
order
to
ensure
an
adequate
level
of
protection,
the
Regulation, subject to a favourable outcome of the objection
Commission shall be empowered to adopt delegated acts in
procedure. The Commission shall list them in the register
accordance with Article 227 on restrictions regarding the
provided for in Article 104.
protected name.
Article 108
5. In order to ensure that economic operators and
competent authorities are not unduly affected by the application
Fees
of this Subsection as regards wine names which have been
Member States may charge fees to cover their costs, including
granted protection prior to 1 August 2009, or for which an
those incurred in examining the applications for protection,
application for protection has been made prior to that date, the
statements of objections, applications for amendments and
Commission shall be empowered to adopt delegated acts in
requests for cancellations under this Subsection.
accordance with Article 227 laying down transitional rules
concerning:
Article 109
Delegated powers
(a) wine names recognised by Member States as designations of
origin or geographical indications by 1 August 2009, and
1. In
order
to
take
into
account
the
specific
characteristics
of
wine names for which an application for protection has
the production in the demarcated geographical area, the
been made prior to that date;
Commission shall be empowered to adopt delegated acts in
accordance with Article 227 laying down:
(b) wines placed on the market or labelled before a specific
date; and
(a) the additional criteria for the demarcation of the
geographical area; and
(c) amendments to the product specifications.
(b) the restrictions and derogations concerning the production
in the demarcated geographical area.
Article 110
Implementing powers in accordance with the examination
2. In
order
to
ensure
product
quality
and
traceability,
the
procedure
Commission shall be empowered to adopt delegated acts in
accordance with Article 227 laying down the conditions
1. The
Commission
may
adopt
implementing
acts
laying
under which product specifications may include additional
down necessary measures concerning:
requirements.
(a) the information to be provided in the product specification
3. In order to ensure the protection of the legitimate rights
with regard to the link between the geographical area and
and interests of producers and operators, the Commission shall
the final product;
be empowered to adopt delegated acts in accordance with
Article 227 on:
(b) the making of decisions on protection or rejection available
(a) the type of applicant that may apply for the protection of a
to the public;
designation of origin or geographical indication;
(c) the establishment and the maintenance of the register
( 1 ) OJ C 116, 14.4.2011, p. 12.
referred to in Article 104;

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(d) the conversion from protected designation of origin to
Traditional terms shall be protected against unlawful use.
protected geographical indication;
(e) the submission of trans-border applications.
2. Traditional terms shall be protected, only in the language
and for the categories of grape vine products claimed in the
application, against:
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(a) any misuse of the protected term, including where it is
2. The
Commission
may
adopt
implementing
acts
laying
accompanied by an expression such as "style", "type",
"
down necessary measures concerning the procedure for the
method", "as produced in", "imitation", "flavour", "like"
examination of applications for protection or for the approval
or similar;
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
(b) any other false or misleading indication as to the nature,
related to existing protected wine names, in particular with
characteristics or essential qualities of the product, placed on
respect to:
the inner or outer packaging, advertising material or
documents relating to it;
(a) models for documents and the transmission format;
(c) any other practice likely to mislead the consumer, in
(b) time limits;
particular to give the impression that the wine qualifies
for the protected traditional term.
(c) the details of the facts, evidence and supporting documents
to be submitted in support of an application or a request.
3. Traditional
terms
shall
not
become
generic
in
the
Union.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
Article 114
Delegated powers
Article 111
1. In
order
to
ensure
an
adequate
level
of
protection,
the
Other implementing powers
Commission shall be empowered to adopt delegated acts in
accordance with Article 227 regarding the language and the
Where an objection is deemed inadmissible, the Commission
spelling of the traditional term to be protected.
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).
2. In order to ensure the protection of the legitimate rights
and interests of producers and operators, the Commission shall
S u b s e c t i o n 3
be empowered to adopt delegated acts in accordance with
Article 227 establishing:
T r a d i t i o n a l t e r m s
Article 112
(a) the type of applicants that may apply for the protection of a
traditional term;
Definition
A "traditional term" means a term traditionally used in Member
States for the products referred to in Article 92(1) to designate:
(b) the conditions of validity of an application for protection of
a traditional term;
(a) that the product has a protected designation of origin or a
protected geographical indication under Union or national
(c) the grounds for objecting to a proposed recognition of a
law; or
traditional term;
(b) the production or ageing method or the quality, colour, type
of place, or a particular event linked to the history of the
(d) the scope of the protection, the relationship with trade
product with a protected designation of origin or a
marks, protected traditional terms, protected designations
protected geographical indication.
of origin or geographical indications, homonyms, or
certain wine grape names;
Article 113
Protection
(e) the grounds for cancellation of a traditional term;
1. A
protected
traditional
term
may
only
be
used
for
a
product which has been produced in conformity with the defi
(f) the date of submission of an application or of a request for
nition provided for in Article 112.
objection or cancellation;

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(g) the procedures to be followed in respect of an application
S e c t i o n 3
for the protection of a traditional term, including scrutiny
by the Commission, the objection procedure and the
L a b e l l i n g a n d p r e s e n t a t i o n i n t h e w i n e
procedures on cancellation and modification.
s e c t o r
Article 117
3. In
order
to
take
into
account
the
specific
characteristics
of
Definition
trade between the Union and certain third countries, the
Commission shall be empowered to adopt delegated acts in
For the purposes of this Section:
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
(a) "labelling" means any words, particulars, trade marks, brand
and Article 113(2).
name, pictorial matter or symbol placed on any packaging,
document, notice, label, ring or collar accompanying or
referring to a given product;
Article 115
Implementing powers in accordance with the examination
(b) "presentation" means any information conveyed to
procedure
consumers by virtue of the packaging of the product
concerned, including the form and type of bottles.
1. The
Commission
may
adopt
implementing
acts
laying
down necessary measures concerning the procedure for the
Article 118
examination of applications for protection or for the approval
of a modification of a traditional term, as well as the procedure
Applicability of horizontal rules
for requests for objection or cancellation, in particular with
respect to:
Save as otherwise provided for in this Regulation, Council
Directive 89/396/EEC
( 1 ), Directive 2000/13/EC, Directive
2007/45/EC of the European Parliament and of the Council ( 2 ),
(a) models for documents and the transmission format;
Directive 2008/95/EC and Regulation (EU) No 1169/2011 shall
apply to the labelling and presentation.
(b) time limits;
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
(c) the details of the facts, evidence and supporting documents
unless those particulars satisfy the requirements of Directive
to be submitted in support of the application or request;
2000/13/EC or Regulation (EU) No 1169/2011.
(d) detailed rules on making protected traditional terms
Article 119
available to the public.
Compulsory particulars
1. Labelling
and
presentation
of
the
products
referred
to
in
2. The
Commission
shall
adopt
implementing
acts
accepting points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed
or rejecting an application for protection of a traditional term
in the Union or for export shall contain the following
or a request for a modification of the protected term or the
compulsory particulars:
cancellation of the protection of a traditional term.
(a) the designation for the category of the grapevine product in
accordance with Part II of Annex VII;
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
(b) for wines with a protected designation of origin or a
classifying them in accordance with Article 112 and by
protected geographical indication:
publishing a definition and/or the conditions of use.
(i) the term "protected designation of origin" or "protected
4. The
implementing
acts
referred
to
in
paragraphs
1,
2
and
geographical indication"; and
3 of this Article shall be adopted in accordance with the exam
ination procedure referred to in Article 229(2).
(ii) the name of the protected designation of origin or the
protected geographical indication;
Article 116
( 1 ) Council Directive 89/396/EEC of 14 June 1989 on indications or
Other implementing powers
marks identifying the lot to which a foodstuff belongs (OJ L 186,
30.6.1989, p. 21).
Where an objection is deemed inadmissible, the Commission
( 2 ) Directive 2007/45/EC of the European Parliament and of the
shall adopt an implementing act rejecting it as inadmissible.
Council of 5 September 2007 laying down rules on nominal quan
tities for prepacked products, repealing Council Directives
That implementing act shall be adopted without applying the
75/106/EEC and 80/232/EEC, and amending Council Directive
procedure referred to in Article 229(2) or (3).
76/211/EEC (OJ L 247, 21.9.2007, p. 17).

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(c) the actual alcoholic strength by volume;
(f) terms referring to certain production methods;
(d) an indication of provenance;
(g) for wines bearing a protected designation of origin or a
protected geographical indication, the name of another
(e) an indication of the bottler or, in the case of sparkling wine,
geographical unit that is smaller or larger than the area
aerated sparkling wine, quality sparkling wine or quality
underlying the designation of origin or geographical indi
aromatic sparkling wine, the name of the producer or
cation.
vendor;
2. Without
prejudice
to
Article
100(3),
as
regards
the
use
of
(f) an indication of the importer in the case of imported wines;
particulars referred to in points (a) and (b) of paragraph 1 of
and
this Article for wines without a protected designation of origin
or a protected geographical indication:
(g) in the case of sparkling wine, aerated sparkling wine, quality
sparkling wine or quality aromatic sparkling wine, an indi
cation of the sugar content.
(a) Member States shall introduce laws, regulations or adminis
trative provisions to ensure certification, approval and verifi
cation procedures so as to guarantee the veracity of the
2. By way of derogation from point (a) of paragraph 1, the
information concerned;
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 a protected geographical indi
(b) Member States may, on the basis of non-discriminatory and
cation.
objective criteria and with due regard to fair competition,
for wine produced from wine grape varieties on their
3. By
way
of
derogation
from
point
(b)
of
paragraph
1,
the
territory, draw up lists of excluded wine grape varieties, in
reference to the terms "protected designation of origin" or "pro
particular if:
tected geographical indication" may be omitted in the following
cases:
(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
(a) where a traditional term in accordance with point (a) of
variety forms an integral part of an existing protected
Article 112 is displayed on the label in accordance with
designation of origin or a protected geographical indi
the product specification referred to in Article 94(2);
cation;
(b) in exceptional and duly justified circumstances to be
determined by the Commission by means of delegated
(ii) checks would not be cost-effective due to the fact that
acts adopted in accordance with Article 227 in order to
the given wine grape variety represents a very small part
ensure compliance with existing labelling practices.
of the Member State vineyard;
Article 120
(c) mixtures of wines from different Member States shall not
Optional particulars
give rise to labelling of the wine grape variety unless the
Member States concerned agree otherwise and ensure the
1. Labelling
and
presentation
of
the
products
referred
to
in
feasibility of the relevant certification, approval and verifi
points 1 to 11, 13, 15 and 16 of Part II of Annex VII may, in
cation procedures.
particular, contain the following optional particulars:
(a) the vintage year;
Article 121
Languages
(b) the name of one or more wine grape varieties;
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.
(c) in the case of wines other than those referred to in point (g)
of Article 119(1), terms indicating the sugar content;
2. Notwithstanding
paragraph
1,
the
name
of
a
protected
(d) for wines with a protected designation of origin or a
designation of origin or a protected geographical indication or
protected geographical indication, traditional terms in
a traditional term as referred to in point (b) of Article 112 shall
accordance with point (b) of Article 112;
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
(e) the Union symbol indicating the protected designation of
specific designation using a non-Latin alphabet, the name may
origin or the protected geographical indication;
also appear in one or more official languages of the Union.

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Article 122
bearing a designation of origin or a geographical indication,
where that designation of origin or geographical indication
Delegated powers
fulfils the necessary requirements.
1. In
order
to
take
into
account
the
specific
characteristics
of
the wine sector, the Commission shall be empowered to adopt
3. In
order
to
ensure
that
economic
operators
are
not
preju
delegated acts in accordance with Article 227 concerning rules
diced, the Commission shall be empowered to adopt delegated
and restrictions on:
acts in accordance with Article 227 concerning transitional
provisions as regards wine placed on the market and labelled
(a) the presentation and use of labelling particulars other than
in accordance with the relevant rules applying before 1 August
those provided for in this Section;
2009.
4. In
order
to
take
account
of
the
specific
characteristics
in
(b) compulsory particulars concerning:
trade between the Union and certain third countries, the
Commission shall be empowered to adopt delegated acts in
(i) terms to be used to formulate the compulsory
accordance with Article 227 concerning derogations from this
particulars and their conditions of use;
Section as regards products to be exported where required by
the law of the third country concerned.
(ii) terms referring to a holding and the conditions for their
Article 123
use;
Implementing powers in accordance with the examination
procedure
(iii) provisions allowing the producing Member States to
establish additional rules relating to compulsory
The Commission may adopt implementing acts laying down
particulars;
necessary measures concerning the procedures and technical
criteria applicable to this Section, including the necessary
measures for the certification, approval and verification
(iv) provisions allowing further derogations in addition to
procedures applicable to wines without a protected designation
those referred to in Article 119(2) as regards the
of origin or a protected geographical indication. Those imple
omission of the reference to the category of the
menting acts shall be adopted in accordance with the exam
grapevine product; and
ination procedure referred to in Article 229(2).
(v) provisions on the use of languages;
CHAPTER II
Specific provisions for individual sectors
(c) optional particulars concerning:
S e c t i o n 1
(i) terms to be used to formulate the optional particulars
S u g a r
and their conditions of use;
Article 124
(ii) provisions allowing the producing Member States to
Duration
establish additional rules relating to optional particulars;
With the exceptions of Articles 125 and 126, this Section shall
apply until the end of the 2016/2017 marketing year.
(d) the presentation concerning:
S u b s e c t i o n 1
(i) the conditions of use of certain bottle shapes, and a list
S p e c i f i c m e a s u r e s
of certain specific bottle shapes;
Article 125
(ii) the conditions of use of "sparkling wine"-type bottles
Sugar sector agreements
and closures;
1. The
terms
for
buying
sugar
beet
and
sugar
cane,
including
pre-sowing delivery contracts, shall be governed by written
(iii) provisions allowing the producing Member States to
agreements within the trade concluded between, on the one
establish additional rules relating to presentation;
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
(iv) provisions on the use of languages.
their behalf, the organisations of which they are members.
2. In order to ensure the protection of the legitimate
2. Agreements
within
the
trade
as
described
in
point
6
of
interests of operators, the Commission shall be empowered to
Section A of Part II of Annex II shall be notified by sugar
adopt delegated acts in accordance with Article 227 concerning
undertakings to the competent authorities of the Member
rules as regards temporary labelling and presentation of wines
State in which they produce sugar.

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3. From
1
October
2017,
agreements
within
the
trade
shall (a) quota sugar; or
conform to the purchase terms laid down in Annex X.
(b) out-of-quota sugar.
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
3. Each
sugar
undertaking
shall
provide
the
Member
State
in
shall be empowered to adopt delegated acts in accordance
which it produces sugar with the following information:
with Article 227 to:
(a) the quantities of beet referred to in point (a) of paragraph 2
(a) update the terms referred to in Section A of Part II of
for which they have concluded pre-sowing delivery
Annex II;
contracts and the sugar content on which those contracts
are based;
(b) update the purchase terms for beet referred to in Annex X;
(b) the corresponding estimated yield.
(c) lay down further rules on the determination of gross weight,
tare and sugar content of sugar beet delivered to an under
Member States may require additional information.
taking, and on beet pulp.
4. Sugar
undertakings
which
have
not
signed
pre-sowing
5. The
Commission
may
adopt
implementing
acts
laying delivery contracts at the minimum price for quota beet, as
down the measures necessary for the application of this
referred to in Article 135, for a quantity of beet equivalent to
Article, including in respect of procedures, notifications and
the sugar for which they hold a quota, adjusted, as the case may
administrative assistance in the case of agreements within the
be, by the coefficient for a preventive withdrawal fixed pursuant
trade covering more than one Member State. Those imple
to the first subparagraph of Article 130(2), shall be required to
menting acts shall be adopted in accordance with the exam
pay at least the minimum price for quota beet for all the sugar
ination procedure referred to in Article 229(2).
beet they process into sugar.
Article 126
5. Subject
to
the
approval
of
the
Member
State
concerned,
Price reporting in the sugar market
agreements within the trade may derogate from paragraphs 2, 3
and 4.
The Commission may adopt implementing acts establishing a
system for reporting sugar market prices, including
arrangements for publishing the price levels for this market.
6. If no agreements within the trade exist, the Member State
Those implementing acts shall be adopted in accordance with
concerned shall take the necessary steps compatible with this
the examination procedure referred to in Article 229(2).
Regulation to protect the interests of the parties concerned.
The system referred to in the first subparagraph shall be based
Article 128
on information submitted by undertakings producing white
sugar or by other operators involved in the sugar trade. This
Production charge
information shall be treated as confidential.
1. A
production
charge
shall
be
levied
on
the
sugar
quota,
the isoglucose quota and the inulin syrup quota held by under
The Commission shall ensure that specific prices or names of
takings producing sugar, isoglucose or inulin syrup as referred
individual economic operators are not published.
to in Article 136(2).
S u b s e c t i o n 2
2. Measures on the fixing of the production charge for quota
sugar, quota isoglucose and quota inulin syrup referred to in
R e q u i r e m e n t s a p p l y i n g t o t h e s u g a r s e c t o r
paragraph 1 shall be taken by the Council in accordance with
d u r i n g t h e p e r i o d r e f e r r e d t o i n a r t i c l e 1 2 4
Article 43(3) TFEU.
Article 127
Article 129
Delivery contracts
Production refund
1. In addition to the requirements set out in Article 125(1),
agreements within the trade shall conform to the purchase
1. A
production
refund
may
be
granted
on
the
products
of
terms laid down in Annex XI.
the sugar sector listed in points (b) to (e) of Part III of Annex I if
surplus sugar or imported sugar, surplus isoglucose or surplus
inulin syrup is not available at a price corresponding to the
2. In
delivery
contracts,
a
distinction
shall
be
made world price for the manufacturing of the products referred to
depending on whether the quantities of sugar to be manu
in points (b) and (c) of the second subparagraph of
factured from sugar beet are:
Article 140(2).

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2. Measures on the fixing of the production refund referred
quantity of withdrawn sugar, isoglucose or inulin syrup to be
to in paragraph 1 shall be taken by the Council in accordance
sold on the Union market before the end of the period of
with Article 43(3) TFEU.
withdrawal.
5. Where withdrawn sugar is treated as the first sugar
Article 130
production of the following marketing year, the minimum
Withdrawal of sugar
price of that marketing year, as referred to in Article 135,
shall be paid to beet growers.
1. To avoid price collapses in the internal market and to
remedy situations of overproduction based on the forecast
supply balance, and taking into account the commitments of
Where withdrawn sugar becomes industrial sugar or is exported
the Union resulting from international agreements concluded in
in accordance with points (a) or (b) of the second subparagraph
accordance with the TFEU, the Commission may adopt imple
of paragraph 3 of this Article, the requirements of Article 135
menting acts withdrawing from the market, for a given
on the minimum price shall not apply.
marketing year, those quantities of sugar or isoglucose
produced under quotas which exceed the threshold calculated
in accordance with paragraph 2.
Where withdrawn sugar is sold on the Union market before the
end of the period of withdrawal in accordance with paragraph 4
of this Article, the minimum price of the ongoing marketing
year shall be paid to beet growers.
2. The
withdrawal
threshold
referred
to
in
paragraph
1
shall
be calculated, for each undertaking holding a quota, by multi
plying its quota by a coefficient. The Commission may adopt
6. Implementing
acts
pursuant
to
this
Article
shall
be
implementing acts fixing that coefficient for a marketing year
adopted in accordance with the examination procedure
no later than 28 February of the previous marketing year, on
referred to in Article 229(2).
the basis of expected market trends.
Article 131
On the basis of updated market trends, the Commission may,
Temporary market management mechanism
by 31 October of the marketing year concerned, adopt imple
1. For the duration of the period referred to in Article 124,
menting acts either adjusting or, where no coefficient has been
the Commission may adopt implementing acts laying down the
fixed pursuant to the first subparagraph, fixing a coefficient.
measures necessary in order to ensure a sufficient supply of
sugar to the Union market. Those implementing acts shall be
adopted in accordance with the examination procedure referred
3. Each
undertaking
holding
a
quota
shall
store,
at
its
own to in Article 229(2).
expense, until the beginning of the following marketing year,
the sugar produced under quota in excess of the threshold
calculated in accordance with paragraph 2. The sugar, isog
Such measures may adjust, for the quantity and time necessary,
lucose or inulin syrup quantities withdrawn during a
the level of the duty payable on imported raw sugar.
marketing year shall be treated as the first quantities produced
under quota for the following marketing year.
Within the context of the temporary market management
mechanism, measures on the fixing of a surplus levy are
taken by the Council in accordance with Article 43(3) TFEU.
By way of derogation from the first subparagraph, taking into
account the expected sugar market trends, the Commission may
adopt implementing acts providing that, for the current, the
2. The
Commission
shall
adopt
implementing
acts
deter
following or both marketing years, all or part of the
mining the appropriate quantity of out-of-quota sugar and
withdrawn sugar, isoglucose or inulin syrup is to be considered
imported raw sugar that can be released onto the Union
to be:
market. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 229(2).
(a) surplus sugar, isoglucose or inulin syrup available to
become industrial sugar, industrial isoglucose or industrial
Article 132
inulin syrup; or
Delegated powers
In order to take into account the specific characteristics of the
(b) temporary quota production of which a part may be
sugar sector and to ensure that the interests of all parties are
reserved for export respecting the commitments of the
duly taken into account, and given the need to prevent any
Union resulting from international agreements concluded
disturbance of the market, the Commission shall be
in accordance with the TFEU.
empowered to adopt delegated acts in accordance with
Article 227 concerning:
4. If sugar supply in the Union is inadequate, the
(a) purchase terms and delivery contracts referred to
Commission may adopt implementing acts allowing a certain
Article 127;

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(b) updating the purchase terms for beet referred to in
3. Where
a
quota
is
allocated
to
a
sugar
undertaking
having
Annex XI;
more than one production unit, the Member States shall adopt
the measures they consider necessary in order to take due
account of the interests of sugar beet and cane growers.
(c) the criteria to be applied by the sugar undertakings when
allocating among beet sellers the quantities of beet to be
covered by pre-sowing delivery contracts as referred to in
Article 137
Article 127(3).
Approved undertakings
1. On
request,
Member
States
shall
grant
approval
to
an
Article 133
undertaking producing sugar, isoglucose or inulin syrup or to
an undertaking that processes these products into a product
Implementing powers in accordance with the examination
included in the list referred to in Article 140(2) provided that
procedure
the undertaking:
The Commission may adopt implementing acts laying down the
measures necessary for the application of this Subsection
concerning procedures, content and technical criteria.
(a) proves its professional production capacities;
Those implementing acts shall be adopted in accordance with
(b) agrees to provide any information and to be subject to
examination procedure referred to in Article 229(2).
controls related to this Regulation;
(c) is not subject to suspension or withdrawal of the approval.
S u b s e c t i o n 3
S y s t e m o f p r o d u c t i o n r e g u l a t i o n
2. The
approved
undertakings
shall
provide
the
Member
Article 134
State in whose territory the harvest of beet, cane or the
refining takes place with the following information:
Quotas in the sugar sector
1. A
quota
system
shall
apply
to
sugar,
isoglucose
and
inulin
syrup.
(a) the quantities of beet or cane for which a delivery contract
has been concluded, as well as the corresponding estimated
yields of beet or cane and sugar per hectare;
2. As
regards
the
quota
system
referred
to
in
paragraph
1
of
this Article, if a producer exceeds the relevant quota and does
not make use of the surplus quantities as provided for in
(b) data on provisional and actual sugar beet, sugar cane and
Article 139, a surplus levy shall be payable on such quantities,
raw sugar deliveries, and on sugar production and
subject to the conditions set out in Articles 139 to 142.
statements of sugar stocks;
Article 135
(c) the quantities of white sugar sold and the corresponding
prices and conditions.
Minimum beet price
The minimum price for quota beet shall be fixed by the Council
in accordance with Article 43(3) TFEU.
Article 138
National quota reallocation and reduction of quotas
1. A Member State may reduce the sugar or isoglucose quota
Article 136
that has been allocated to an undertaking established on its
Quota allocation
territory by up to 10 %. In doing so, the Member States shall
apply objective and non-discriminatory criteria.
1. The
quotas
for
the
production
of
sugar,
isoglucose
and
inulin syrup at national or regional level are fixed in Annex XII.
2. Member
States
may
transfer
quotas
between
undertakings
in accordance with the rules laid down in Annex XIII and taking
2. The
Member
States
shall
allocate
a
quota
to
each
under
into consideration the interests of each of the parties concerned,
taking producing sugar, isoglucose or inulin syrup established in
particularly sugar beet and cane growers.
its territory and approved under Article 137.
3. The
quantities
reduced
pursuant
to
paragraphs
1
and
2
For each undertaking, the allocated quota shall be equal to the
shall be allocated by the Member State in question to one or
quota which was allocated to the undertaking for the marketing
more undertakings on its territory, whether or not holding a
year 2010/2011 under Regulation (EC) No 1234/2007.
quota.

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Article 139
2. In
order
to
take
account
of
technical
developments,
the
Commission shall be empowered to adopt delegated acts in
Out-of-quota production
accordance with Article 227 establishing a list of products for
1. The
sugar,
isoglucose
or
inulin
syrup
produced
during
a the production of which industrial sugar, industrial isoglucose
marketing year in excess of the quota referred to in Article 136
or industrial inulin syrup may be used.
may be:
The list shall, in particular, include:
(a) used for the processing of certain products as referred to in
Article 140;
(a) bioethanol, alcohol, rum, live yeast and quantities of syrups
(b) carried forward to the quota production of the next
for spreading and those to be processed into "Rinse appel
marketing year in accordance with Article 141;
stroop";
(c) used for the specific supply regime for the outermost
(b) certain industrial products without sugar content but which
regions, in accordance with Chapter III of Regulation (EU)
are processed using sugar, isoglucose or inulin syrup;
No 228/2013 of the European Parliament and of the
Council ( 1 );
(c) certain products of the chemical or pharmaceutical industry
(d) exported within a quantitative limit, to be fixed by the
which contain sugar, isoglucose or inulin syrup.
Commission by means of implementing acts, respecting
the commitments resulting from international agreements
concluded in accordance with the TFEU; or
Article 141
Carry-forward of surplus sugar
(e) released onto the internal market, in compliance with the
1. Each
undertaking
may
decide
to
carry
forward
all
or
part
mechanism described in Article 131, for the purpose of
of its production in excess of its sugar quota, its isoglucose
adjusting supply to demand on the basis of the forecast
quota or its inulin syrup quota to be treated as part of the
supply balance.
next marketing year's production. Without prejudice to
paragraph 3, that decision shall be irrevocable.
The measures referred to in point (e) of the first paragraph of
this Article shall be implemented before any activation of the
measures to prevent market disturbance referred to in
2. Undertakings
which
take
the
decision
referred
to
in
Article 219(1).
paragraph 1 shall:
Other quantities shall be subject to the surplus levy referred to
(a) inform the Member State concerned before a date to be
in Article 142.
determined by that Member State:
2. Implementing
acts
pursuant
to
this
Article
shall
be
adopted in accordance with the examination procedure
(i) between 1 February and 31 August of the current
referred to in Article 229(2).
marketing year for quantities of cane sugar being
carried forward;
Article 140
(ii) between 1 February and 31 August of the current
Industrial sugar
marketing year for other quantities of beet sugar, isog
1. Industrial sugar, industrial isoglucose or industrial inulin
lucose or inulin syrup being carried forward;
syrup shall be reserved for the production of one of the
products referred to in paragraph 2 when:
(b) undertake to store such quantities at their own expense
until the end of the current marketing year.
(a) it has been subject to a delivery contract concluded before
the end of the marketing year between a producer and a
user which have both been granted approval in accordance
3. If
an
undertaking's
definitive
production
in
the
marketing
with Article 137; and
year concerned was less than the estimate made when the
decision in accordance with paragraph 1 was taken, the
(b) it has been delivered to the user on 30 November of the
quantity carried forward may be adjusted retroactively by
following marketing year at the latest.
31 October of the following marketing year at the latest.
( 1 ) Regulation (EU) No 228/2013 of the European Parliament and of
4. The quantities carried forward shall be deemed to be the
the Council of 13 March 2013 laying down specific measures for
agriculture in the outermost regions of the Union and repealing
first quantities produced under the quota of the following
Council Regulation (EC) No 247/2006 (OJ L 78, 20.3.2013, p. 23).
marketing year.

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5. Sugar
stored
in
accordance
with
this
Article
during
a
Article 144
marketing year may not be subject to any other storage
measures provided for in Articles 16 or 130.
Implementing powers in accordance with the examination
procedure
With regard to the undertakings referred to in Article 137, the
Article 142
Commission may adopt implementing acts establishing rules
Surplus levy
concerning:
1. A
surplus
levy
shall
be
levied
on
quantities
of:
(a) applications for approval made by undertakings, the records
to be kept by approved undertakings, the information to be
(a) surplus sugar, surplus isoglucose and surplus inulin syrup
submitted by approved undertakings;
produced during any marketing year, except for quantities
carried forward to the quota production of the following
(b) the system of checks to be carried out by Member States on
marketing year and stored in accordance with Article 141
approved undertakings;
or quantities referred to in points (c), (d) and (e) of the first
subparagraph of Article 139(1);
(c) Member States' communications with the Commission and
with approved undertakings;
(b) industrial sugar, industrial isoglucose or industrial inulin
syrup in respect of which no proof of use in one of the
products referred to in Article 140(2) has been supplied
(d) the delivery to undertakings of raw materials, including
within a time limit, to be fixed by the Commission by
delivery contracts and delivery notes;
means of implementing acts;
(e) equivalence regarding sugar referred to in point (a) of the
(c) sugar, isoglucose and inulin syrup withdrawn from the
first subparagraph of Article 139(1);
market in accordance with Article 130 and for which the
obligations provided for in Article 130(3) are not met.
(f) the specific supply regime for the outermost regions;
Implementing acts pursuant to point (b) of the first
(g) exports as referred to in point (d) of the first subparagraph
subparagraph shall be adopted in accordance with the exam
of Article 139(1);
ination procedure referred to in Article 229(2).
(h) Member State cooperation to ensure effective checks;
2. Measures
on
the
fixing
of
a
surplus
levy
referred
to
in
paragraph 1 shall be taken by the Council in accordance with
(i) modifying the dates laid down in Article 141 for specific
Article 43(3) TFEU.
marketing years;
Article 143
(j) the establishment of the surplus quantity, the communi
Delegated powers
cations and payment of the surplus levy referred to in
Article 142;
1. In order to ensure that undertakings referred to in
Article 137 comply with their obligations, the Commission
shall be empowered to adopt delegated acts in accordance
(k) the adoption of a list of full-time refiners within the
with Article 227 laying down rules on the granting and the
meaning of point 6 of Section B of Part II of Annex II.
withdrawal of approval for such undertakings, as well as the
criteria for administrative penalties.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
2. In
order
to
take
into
account
the
specific
characteristics
of
the sugar sector and to ensure that the interests of all parties are
S e c t i o n 2
duly taken into account, the Commission shall be empowered
to adopt delegated acts in accordance with Article 227 on the
W i n e
meaning of terms for the operation of the quota system, as well
as laying down the conditions governing sales to outermost
Article 145
regions.
Vineyard register and inventory of production potential
1. Member
States
shall
maintain
a
vineyard
register
which
3. In
order
to
ensure
that
the
growers
are
closely
associated shall contain updated information on the production potential.
with a decision to carry forward a certain quantity of
From 1 January 2016, this obligation shall only apply if
production, the Commission shall be empowered to adopt
Member States implement the scheme of authorisations for
delegated acts in accordance with Article 227 laying down
vine plantings referred to in Chapter III of Title I, or a
rules concerning carry-forward of sugar.
national support programme.

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2. Until
31
December
2015,
Member
States
in
which
the (b) the conditions under which an accompanying document is
total area planted with vines of wine grape varieties classified
to be regarded as certifying protected designations of origin
in accordance with Article 81(2) is less than 500 hectares shall
or geographical indications;
not be subject to the obligation laid down in paragraph 1 of
this Article.
(c) an obligation to keep a register and its use;
3. Member
States
which
provide
for
restructuring
and
conversion of vineyards in their support programmes in
(d) who is obliged to keep a register and exemptions from that
accordance with Article 46 shall, on the basis of the vineyard
obligation;
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
(e) the operations to be included in the register.
regarding wine-growing areas shall be laid down by the
Commission by means of implementing acts. Those imple
menting acts shall be adopted in accordance with the exam
4. The
Commission
may
adopt
implementing
acts
estab
ination procedure referred to in Article 229(2).
lishing:
4. In
order
to
facilitate
the
monitoring
and
the
verification
of
(a) rules on the composition of the registers, the products to be
the production potential by Member States, the Commission
contained therein, deadlines for entries in registers and the
shall be empowered to adopt delegated acts in accordance
closures of registers;
with Article 227 concerning rules on the content of the
vineyard register and exemptions therefrom.
(b) measures requiring Member States to determine the
maximum acceptable percentages for losses;
Article 146
Competent national authorities for the wine sector
(c) general and transitional provisions for the keeping of
1. Without
prejudice
to
any
other
provisions
of
this
Regu
registers;
lation concerning the determination of competent national
authorities, Member States shall designate one or more auth
orities which shall be responsible for ensuring compliance with
(d) rules determining how long accompanying documents and
Union rules in the wine sector. In particular, Member States
the registers are to be kept.
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 labora
Those implementing acts shall be adopted in accordance with
tories set out in ISO/IEC 17025.
the examination procedure referred to in Article 229(2).
2. Member
States
shall
inform
the
Commission
of
the
names
S e c t i o n 3
and addresses of the authorities and laboratories referred to in
paragraph 1. The Commission shall make this information
M i l k a n d m i l k p r o d u c t s
public and shall update it periodically.
Article 148
Article 147
Contractual relations in the milk and milk products sector
Accompanying documents and register
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
1. The
products
of
the
wine
sector
shall
be
put
into
circu
be covered by a written contract between the parties and/or
lation in the Union with an officially authorised accompanying
decides that first purchasers must make a written offer for a
document.
contract for the delivery of raw milk by the farmers, such
contract and/or such offer for a contract shall fulfil the
2. Natural or legal persons or groups of persons who hold
conditions laid down in paragraph 2.
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
Where a Member State decides that deliveries of raw milk by a
of those products.
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
3. In
order
to
facilitate
the
transport
of
wine
products
and delivery of raw milk is made through one or more collectors.
the verification thereof by Member States, the Commission shall
be empowered to adopt delegated acts in accordance with
Article 227 on:
For the purposes of this Article, a "collector" means an under
taking which transports raw milk from a farmer or another
collector to a processor of raw milk or another collector,
(a) rules on the accompanying document and its use;
where the ownership of the raw milk is transferred in each case.

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2. The contract and/or the offer for a contract referred to in
set by national law for this purpose; such a minimum
paragraph 1 shall:
duration shall be at least six months, and shall not impair
the proper functioning of the internal market.
(a) be made in advance of the delivery,
The second subparagraph shall be without prejudice to the
(b) be made in writing, and
farmer's right to refuse such a minimum duration provided
that he does so in writing. In such a case, the parties shall be
(c) include, in particular, the following elements:
free to negotiate all elements of the contract, including the
elements referred to in point (c) of paragraph 2.
(i) the price payable for the delivery, which shall:
5. The
Member
States
which
make
use
of
the
options
— be static and be set out in the contract, and/or
referred to in this Article shall notify the Commission of how
they are applied.
— be calculated by combining various factors set out
in the contract, which may include market indi
6. The
Commission
may
adopt
implementing
acts
laying
cators reflecting changes in market conditions, the
down measures necessary for the uniform application of
volume delivered and the quality or composition of
points (a) and (b) of paragraph 2 and paragraph 3 of this
the raw milk delivered,
Article and measures relating to notifications to be made by
the Member States in accordance with this Article. Those imple
(ii) the volume of raw milk which may and/or must be
menting acts shall be adopted in accordance with the exam
delivered and the timing of such deliveries,
ination procedure referred to in Article 229(2).
(iii) the duration of the contract, which may include either a
Article 149
definite or an indefinite duration with termination
clauses,
Contractual negotiations in the milk and milk products
sector
(iv) details regarding payment periods and procedures,
1. A producer organisation in the milk and milk products
sector which is recognised under Article 152(3) may negotiate
(v) arrangements for collecting or delivering raw milk, and
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
(vi) rules applicable in the event of force majeure.
meaning of the third subparagraph of Article 148(1).
3. By
way
of
derogation
from
paragraph
1,
a
contract
and/or
an offer for a contract shall not be required where raw milk is
2. The
negotiations
by
the
producer
organisation
may
take
delivered by a farmer to a co-operative of which the farmer is a
place:
member if the statutes of that cooperative or the rules and
decisions provided for in or derived from these statutes
(a) whether or not there is a transfer of ownership of the raw
contain provisions having similar effects to the provisions set
milk by the farmers to the producer organisation;
out in points (a), (b) and (c) of paragraph 2.
4. All elements of contracts for the delivery of raw milk
(b) whether or not the price negotiated is the same as regards
concluded by farmers, collectors or processors of raw milk,
the joint production of some or all of the farmer members;
including the elements referred to in point (c) of paragraph 2,
shall be freely negotiated between the parties.
(c) provided that, for a particular producer organisation, all of
the following conditions are fulfilled:
Notwithstanding the first subparagraph, one or both of the
following shall apply:
(i) the volume of raw milk covered by such negotiations
(a) where a Member State decides to make a written contract
does not exceed 3,5 % of total Union production,
for the delivery of raw milk compulsory in accordance with
paragraph 1, it may establish a minimum duration,
applicable only to written contracts between a farmer and
(ii) the volume of raw milk covered by such negotiations
the first purchaser of raw milk; such a minimum duration
which is produced in any particular Member State does
shall be at least six months, and shall not impair the proper
not exceed 33 % of the total national production of
functioning of the internal market;
that Member State, and
(b) where a Member State decides that the first purchaser of
(iii) the volume of raw milk covered by such negotiations
raw milk must make a written offer for a contract to the
which is delivered in any particular Member State does
farmer in accordance with paragraph 1, it may provide that
not exceed 33 % of the total national production of
the offer must include a minimum duration for the contract,
that Member State;

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(d) provided that the farmers concerned are not members of
7. For
the
purposes
of
this
Article:
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
(a) a "national competition authority" means the authority
farmers hold two distinct production units located in
referred to in Article 5 of Council Regulation (EC)
different geographic areas;
No 1/2003 ( 1 );
(e) provided that the raw milk is not covered by an obligation
(b) a "SME" means a micro, small or medium-sized enterprise
to deliver arising from the farmer's membership of a
within the meaning of Recommendation 2003/361/EC.
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
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.
(f) provided that the producer organisation notifies the
competent authorities of the Member State or Member
Article 150
States in which it operates of the volume of raw milk
covered by such negotiations.
Regulation of supply for cheese with a protected
designation of origin or protected geographical indication
1. Upon
the
request
of
a
producer
organisation
recognised
3. Notwithstanding
the
conditions
set
out
in
of
point
(c)(ii) under Article 152(3), an interbranch organisation recognised
and (iii) of paragraph 2, a producer organisation may negotiate
under Article 157(3) or a group of operators referred to in
pursuant to paragraph 1 provided that, with regard to that
Article 3(2) of Regulation (EU) No 1151/2012, Member States
producer organisation, the volume of raw milk covered by
may lay down, for a limited period of time, binding rules for
the negotiations which is produced in or delivered in a
the regulation of the supply of cheese benefiting from a
Member State having a total annual raw milk production of
protected designation of origin or from a protected geographical
less than 500 000 tonnes does not exceed 45 % of the total
indication under Article 5(1) and (2) of Regulation (EU)
national production of that Member State.
No 1151/2012.
4. For
the
purposes
of
this
Article,
references
to
producer 2. The
rules
referred
to
in
paragraph
1
of
this
Article
shall
be
organisations include associations of such producer organi
subject to the existence of a prior agreement between the
sations.
parties in the geographical area referred to in point (c) of
Article 7(1) of Regulation (EU) No 1151/2012. Such an
agreement shall be concluded between at least two-thirds of
5. For the purposes of applying point (c) of paragraph 2 and
the milk producers or their representatives representing at
paragraph 3, the Commission shall publish, by such means as it
least two thirds of the raw milk used for the production of
considers appropriate, the amounts of raw milk production in
the cheese referred to in paragraph 1 of this Article and,
the Union and the Member States using the most up-to-date
where relevant, at least two-thirds of the producers of that
information available.
cheese representing at least two thirds of the production of
that cheese in the geographical area referred to in point (c) of
Article 7(1) of Regulation (EU) No 1151/2012.
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
3. For
the
purpose
of
paragraph
1,
concerning
cheese
bene
subparagraph of this paragraph may decide in an individual case
fiting from a protected geographical indication, the geographical
that a particular negotiation by the producer organisation
area of origin of the raw milk, as set in the product specification
should either be reopened or should not take place at all if it
for the cheese, shall be the same as the geographical area
considers that this is necessary in order to prevent competition
referred to in point (c) of Article 7(1) of Regulation (EU)
from being excluded or in order to avoid seriously damaging
No 1151/2012 relating to that cheese.
SME processors of raw milk in its territory.
4. The
rules
referred
to
in
paragraph
1:
For negotiations covering more than one Member State, the
decision referred to in the first subparagraph shall be taken
(a) shall only cover the regulation of supply of the product
by the Commission without applying the procedure referred
concerned and shall have the aim of adapting the supply
to in Article 229(2) or (3). In other cases, that decision shall
of that cheese to demand;
be taken by the national competition authority of the Member
State to which the negotiations relate.
(b) shall have effect only on the product concerned;
The decisions referred to in this paragraph shall not apply
( 1 ) Council Regulation (EC) No 1/2003 of 16 December 2002 on the
earlier than the date of their notification to the undertakings
implementation of the rules on competition laid down in Articles
concerned.
101 and 102 of the Treaty (OJ L 1, 4.1.2003, p. 1).

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(c) may be made binding for no more than three years and
For the purposes of this Article and Article 148, a "first
may be renewed after this period, following a new request,
purchaser" means an undertaking or group which buys milk
as referred to in paragraph 1;
from producers in order to:
(d) shall not damage the trade in products other than those
(a) subject it to collecting, packing, storing, chilling or
concerned by those rules;
processing, including under a contract;
(e) shall not relate to any transaction after the first marketing
(b) sell it to one or more undertakings treating or processing
of the cheese concerned;
milk or other milk products.
(f) shall not allow for price fixing, including where prices are
Member States shall notify the Commission of the quantity of
set for guidance or recommendation;
raw milk referred to in the first subparagraph.
(g) shall not render unavailable an excessive proportion of the
The Commission may adopt implementing acts laying down
product concerned that would otherwise be available;
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 imple
(h) shall not create discrimination, constitute a barrier for new
menting acts shall be adopted in accordance with the exam
entrants in the market, or lead to small producers being
ination procedure referred to in Article 229(2).
adversely affected;
CHAPTER III
(i) shall contribute to maintaining the quality and/or the devel
Producer organisations and associations and interbranch
opment of the product concerned;
organisations
(j) shall be without prejudice to Article 149.
S e c t i o n 1
D e f i n i t i o n a n d r e c o g n i t i o n
5. The
rules
referred
to
in
paragraph
1
shall
be
published
in
an official publication of the Member State concerned.
Article 152
Producer organisations
6. Member
States
shall
carry
out
checks
in
order
to
ensure 1. Member
States
may,
on
request,
recognise
producer
that the conditions laid down in paragraph 4 are complied with,
organisations, which:
and, where it has been found by the competent national auth
orities that such conditions have not been complied with, shall
repeal the rules referred to in paragraph 1.
(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);
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
(b) are formed on the initiative of the producers;
notification of such rules.
(c) pursue a specific aim which may include at least one of the
following objectives:
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 if the
(i) ensuring that production is planned and adjusted to
Commission finds that those rules do not comply with the
demand, particularly in terms of quality and quantity;
conditions laid down in paragraph 4, prevent or distort
competition in a substantial part of the internal market or
jeopardise free trade or the attainment of the objectives of
(ii) concentration of supply and the placing on the market
Article 39 TFEU. Those implementing acts shall be adopted
of the products produced by its members, including
without applying the procedure referred to in Article 229(2)
through direct marketing;
or (3) of this Regulation.
(iii) optimising production costs and returns on
Article 151
investments in response to environmental and
animal welfare standards, and stabilising producer
Compulsory declarations in the milk and milk products
prices;
sector
From 1 April 2015, the first purchasers of raw milk shall
(iv) carrying out research and developing initiatives on
declare to the competent national authority the quantity of
sustainable production methods, innovative practices,
raw milk that has been delivered to them each month.
economic competitiveness and market developments;

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(v) promoting, and providing technical assistance for, the
Article 153
use of environmentally sound cultivation practices and
production techniques, and sound animal welfare
Statutes of producer organisations
practices and techniques;
1. The statutes of a producer organisation shall require its
producer members, in particular, to:
(vi) promoting, and providing technical assistance for, the
use of production standards, improving product
(a) apply the rules adopted by the producer organisation
quality and developing products with a protected
relating to production reporting, production, marketing
designation of origin, with a protected geographical
and protection of the environment;
indication or covered by a national quality label;
(vii) the management of by-products and of waste in
(b) be members of only one producer organisation for any
particular to protect the quality of water, soil and
given product of the holding; however Member States
landscape and preserving or encouraging biodiversity;
may derogate from this condition in duly justified cases
where producer members hold two distinct production
units located in different geographical areas;
(viii) contributing to a sustainable use of natural resources
and to climate change mitigation;
(c) provide the information requested by the producer organi
sation for statistical purposes.
(ix) developing initiatives in the area of promotion and
marketing;
2. The
statutes
of
a
producer
organisation
shall
also
provide
for:
(x) managing of the mutual funds referred to in oper
ational programmes in the fruit and vegetables sector
referred to in Article 31(2) of this Regulation and
(a) procedures for determining, adopting and amending the
under Article 36 of Regulation (EU) No 1305/2013
rules referred to in point (a) of paragraph 1;
(xi) providing the necessary technical assistance for the use
(b) the imposition on members of financial contributions
of the futures markets and of insurance schemes.
needed to finance the producer organisation;
2. A
producer
organisation
recognised
under
paragraph
1
may continue to be recognised if it engages in the marketing
(c) rules enabling the producer members to scrutinise demo
of products falling within CN code ex 2208 other than those
cratically their organisation and its decisions;
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
(d) penalties for infringement of obligations under the statutes,
and that such products do not benefit from Union support.
particularly for non-payment of financial contributions, or
Those products do not count, for producer organisations in
of the rules laid down by the producer organisation;
the fruit and vegetables sector, towards the calculation of the
value of marketed production for the purposes of Article 34(2).
(e) rules on the admission of new members, and in particular
the minimum period of membership which may not be less
3. By
way
of
derogation
from
paragraph
1,
Member
States
than one year;
shall recognise producer organisations, constituted by producers
in the milk and milk products sector, which:
(f) the accounting and budgetary rules necessary for the
operation of the organisation.
(a) are formed on the initiative of the producers;
3. Paragraphs 1 and 2 shall not apply to producer organi
(b) pursue a specific aim which may include one or more of the
sations in the milk and milk products sector.
following objectives:
Article 154
(i) ensuring that production is planned and adjusted to
demand, particularly in terms of quality and quantity;
Recognition of producer organisations
1. In
order
to
be
recognised
by
a
Member
State,
the
producer
(ii) concentration of supply and the placing on the market
organisation applying for such recognition shall be a legal entity
of the products produced by its members;
or clearly defined part of a legal entity which:
(iii) optimising production costs and stabilising producer
(a) fulfils the requirements laid down in points (a), (b) and (c) of
prices.
Article 152(1);

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(b) has a minimum number of members and/or covers a
responsible for ensuring the carrying out of the outsourced
minimum volume or value of marketable production, to
activity and overall management control and supervision of
be laid down by the Member State concerned, in the area
the commercial arrangement for the carrying out of the activity.
where it operates;
Article 156
(c) provides sufficient evidence that it can carry out its activities
properly, both over time and in terms of effectiveness,
Associations of producer organisations
provision of human, material and technical support to its
1. Member
States
may,
on
request,
recognise
associations
of
members, and as appropriate concentration of supply;
producer organisations in a specific sector listed in Article 1(2)
which are formed at the initiative of recognised producer
organisations.
(d) has statutes that are consistent with points (a), (b) and (c) of
this paragraph.
Subject to the rules adopted pursuant to Article 173, associ
2. Member
States
may
decide
that
producer
organisations ations of producer organisations may carry out any of the
which have been recognised before 1 January 2014 on the
activities or functions of producer organisations.
basis of national law and which fulfil the conditions laid
down in paragraph 1 of this Article are deemed to be
recognised as producer organisations pursuant to Article 152.
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
3. Producer
organisations
which
have
been
recognised
before if the Member State concerned considers that the association
1 January 2014 on the basis of national law and which do not
is capable of carrying out effectively any of the activities of a
fulfil the conditions laid down in paragraph 1 may continue to
recognised producer organisation, and that it fulfils the
exercise their activities under national law until 1 January 2015.
conditions laid down in Article 161(1).
4. Member
States
shall:
Article 157
Interbranch organisations
(a) decide whether to grant recognition to a producer organi
1. Member
States
may,
on
request,
recognise
interbranch
sation within four months of the lodging of an application,
organisations in a specific sector listed in Article 1(2) which:
accompanied by all the relevant supporting evidence; this
application shall be lodged with the Member State where
the organisation has its headquarters;
(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
(b) carry out, at intervals to be determined by them, checks to
trade in, including distribution of, products in one or more
verify that recognised producer organisations are complying
sectors;
with this Chapter;
(b) are formed on the initiative of all or some of the organi
(c) in the event of non-compliance or irregularities in the appli
sations or associations which constitute them;
cation 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;
(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:
(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.
(i) improving knowledge and the transparency of
production and the market, including by publication
of aggregated statistical data on production costs,
Article 155
prices, including, where appropriate, price indices,
volumes and duration of contracts which have been
Outsourcing
previously concluded, and by providing analyses of
Member States may permit a recognised producer organisation
potential future market developments at regional,
or a recognised association of producer organisations in the
national or international level;
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
(ii) forecasting of production potential, and recording
organisation or association of producer organisations remains
public market prices;

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(iii) helping to coordinate better the way the products are
(xiv) contributing to the management of by-products and
placed on the market, in particular by means of
the reduction and management of waste.
research and market studies;
2. In
duly
justified
cases,
Member
States
may
decide
on
the
(iv) exploring potential export markets;
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
(v) without prejudice to Articles 148 and 168, drawing
national level if so provided for by national rules in place
up standard forms of contract, compatible with Union
before 1 January 2014, and where this does not impair the
rules, for the sale of agricultural products to
proper functioning of the internal market.
purchasers and/or the supply of processed products
to distributors and retailers, taking into account the
need to achieve fair competitive conditions and to
3. By way of derogation from paragraph 1, as regards the
avoid market distortions;
milk and milk products sector, Member States may recognise
interbranch organisations which:
(vi) exploiting to a fuller extent the potential of the
products, including at the level of market outlets,
and developing initiatives to strengthen economic
(a) have formally requested recognition and are made up of
competitiveness and innovation;
representatives of economic activities linked to the
production of raw milk and linked to at least one of the
following stages of the supply chain: the processing of or
(vii) providing the information and carrying out the
trade in, including distribution of, products of the milk and
research necessary to innovate, rationalise, improve
milk products sector;
and adjust production and, where applicable, the
processing and marketing, towards products more
suited to market requirements and consumer tastes
(b) are formed on the initiative of all or some of the represen
and expectations, in particular with regard to
tatives referred to in point (a);
product quality, including the specific characteristics
of products with a protected designation of origin or
a protected geographical indication, and protection of
(c) carry out, in one or more regions of the Union, taking into
the environment;
account the interests of the members of those interbranch
organisations and of consumers, one or more of the
following activities:
(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
(i) improving the knowledge and the transparency of
conservation, promoting food safety, in particular
production and the market, including by publication
through traceability of products, and improving
of statistical data on the prices, volumes and durations
animal health and welfare;
of contracts for the delivery of raw milk which have
been previously concluded, and by providing analyses
of potential future market developments at regional,
(ix) developing methods and instruments for improving
national and international level;
product quality at all stages of production and,
where applicable, of processing and marketing;
(ii) helping to coordinate better the way the products of
the milk and milk products sector are placed on the
(x) taking all possible actions to uphold, protect and
market, in particular by means of research and market
promote organic farming and designations of origin,
studies;
quality labels and geographical indications;
(xi) promoting and carrying out research into integrated,
(iii) promoting consumption of, and providing
sustainable production or other environmentally
information on, milk and milk products in both
sound production methods;
internal and external markets;
(xii) encouraging healthy and responsible consumption of
(iv) exploring potential export markets;
the products on the internal market and/or informing
about the harm linked to hazardous consumption
patterns;
(v) drawing up standard forms of contract compatible
with Union rules for the sale of raw milk to
purchasers or the supply of processed products to
(xiii) promoting consumption of, and/or furnishing
distributors and retailers, taking into account the
information concerning, products on the internal
need to achieve fair competitive conditions and to
market and external markets;
avoid market distortions;

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(vi) providing the information and carrying out the
3. Interbranch
organisations
which
have
been
recognised
research necessary to adjust production in favour of
before 1 January 2014 on the basis of national law and
products more suited to market requirements and
which do not fulfil the conditions laid down in paragraph 1
consumer tastes and expectations, in particular with
of this Article may continue to exercise their activities under
regard to product quality and protection of the
national law until 1 January 2015.
environment;
4. Member
States
may
recognise
interbranch
organisations
in
(vii) maintaining and developing the production potential
all sectors existing prior to 1 January 2014, whether they were
of the dairy sector, inter alia, by promoting innovation
recognised on request or established by law, even though they
and supporting programmes for applied research and
do not fulfil the condition laid down in point (b) of
development in order to exploit the full potential of
Article 157(1) or in point (b) of Article 157(3).
milk and milk products, especially in order to create
products with added value which are more attractive
to the consumer;
5. Where
Member
States
recognise
an
interbranch
organi
sation in accordance with paragraph 1 or 2, they shall:
(viii) seeking ways of restricting the use of animal health
products, improving the management of other inputs
(a) decide whether to grant recognition within four months of
and enhancing food safety and animal health;
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;
(ix) developing methods and instruments for improving
product quality at all stages of production and
marketing;
(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;
(x) exploiting the potential of organic farming and
protecting and promoting such farming as well as
the production of products with designations of
(c) in the event of non-compliance or irregularities in the
origin, quality labels and geographical indications; and
implementation of the measures provided for in this Regu
lation, impose on those organisations the applicable
penalties they have laid down and, if necessary, decide
(xi) promoting integrated production or other environ
whether recognition should be withdrawn;
mentally sound production methods.
(d) withdraw recognition if the requirements and conditions for
Article 158
recognition laid down in this Article are no longer met;
Recognition of interbranch organisations
1. Member
States
may
recognise
interbranch
organisations (e) inform the Commission by 31 March of each year of every
applying for such recognition, provided that they:
decision to grant, refuse or withdraw recognition taken
during the previous calendar year.
(a) fulfil the requirements laid down in Article 157;
S e c t i o n 2
A d d i t i o n a l r u l e s f o r s p e c i f i c s e c t o r s
(b) carry out their activities in one or more regions in the
territory concerned;
Article 159
Obligatory recognition
(c) account for a significant share of the economic activities
By way of derogation from Articles 152 to 158, Member States
referred to in point (a) of Article 157(1);
shall, on request, recognise:
(d) with the exception of the cases laid down in Article 162, do
(a) producer organisations in:
not, themselves, engage in production, processing or trade.
(i) the fruit and vegetables sector in respect of one or more
2. Member
States
may
decide
that
interbranch
organisations
products of that sector and/or such products solely
which have been recognised before 1 January 2014 on the basis
intended for processing,
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.
(ii) the olive oil and table olives sector,

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(iii) the silkworm sector,
accompanied by all the relevant supporting evidence; this
application shall be lodged with the Member State where
the organisation has its headquarters;
(iv) the hops sector;
(b) carry out, at intervals to be determined by them, checks to
(b) interbranch organisations in the olive oil and table olives
verify that recognised producer organisations and associ
sector and the tobacco sector.
ations of producer organisations are complying with the
provisions of this Chapter;
Article 160
Producer organisations in the fruit and vegetables sector
(c) in the event of non-compliance or irregularities in the
implementation of the measures provided for in this
In the fruit and vegetables sector producer organisations shall
Chapter, impose on those organisations and associations
pursue at least one of the objectives set out in points (c)(i), (ii)
the applicable penalties that they have laid down and, if
and (iii) of Article 152(1).
necessary, decide whether recognition should be withdrawn;
The statutes of a producer organisation in the fruit and
vegetables sector shall require its producer members to
(d) inform the Commission by 31 March of each year of every
market their entire production concerned through the
decision to grant, refuse or withdraw recognition which
producer organisation.
they have taken during the previous calendar year.
Producer organisations and associations of producer organi
Article 162
sations in the fruit and vegetables sector shall be deemed to
Interbranch organisations in the olive oil and table olives
be acting in the name and on behalf of their members in
and tobacco sectors
economic matters within their terms of reference.
For interbranch organisations in the olive oil and table olives
and tobacco sectors, the specific aim referred to in point (c) of
Article 161
Article 157(1) may also include at least one of the following
Recognition of producer organisations in the milk and milk
objectives:
products sector
1. Member
States
shall
recognise
as
producer
organisations (a) concentrating and co-ordinating supply and marketing of
in the milk and milk products sector all legal entities or clearly
the produce of the members;
defined parts of legal entities applying for such recognition,
provided that:
(b) adapting production and processing jointly to the
requirements of the market and improving the product;
(a) they fulfil the requirements laid down in Article 152(3);
(c) promoting the rationalisation and improvement of
(b) they have a minimum number of members and/or cover a
production and processing.
minimum volume of marketable production, to be laid
down by the Member State concerned, in the area where
they operate;
Article 163
Recognition of interbranch organisations in the milk and
(c) there is sufficient evidence that they can carry out their
milk products sector
activities properly, both over time and in terms of effec
1. Member
States
may
recognise
interbranch
organisations
in
tiveness and concentration of supply;
the milk and milk products sector provided that such organi
sations:
(d) they have statutes that are consistent with points (a), (b) and
(c) of this paragraph.
(a) fulfil the requirements laid down in Article 157(3);
2. Member
States
may
decide
that
producer
organisations
which have been recognised before 2 April 2012 on the basis
(b) carry out their activities in one or more regions in the
of national law and which fulfil the conditions laid down in
territory concerned;
paragraph 1 of this Article are to be considered to be
recognised as producer organisations pursuant to Article 152(3).
(c) account for a significant share of the economic activities
referred to in point (a) of Article 157(3);
3. Member
States
shall:
(d) do not themselves engage in the production of, the
(a) decide whether to grant recognition to a producer organi
processing of, or the trade in, products in the milk and
sation within four months of the lodging of an application,
milk products sector.

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2. Member
States
may
decide
that
interbranch
organisations or areas of a Member State is considered to be representative of
which have been recognised before 2 April 2012 on the basis
the production of or trade in, or processing of, a given product,
of national law and which fulfil the conditions laid down in
the Member State concerned may, at the request of that organi
paragraph 1 are to be considered to be recognised as inter
sation, make binding for a limited period of time some of the
branch organisations under Article 157(3).
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
3. Where
Member
States
make
use
of
the
option
to belong to the organisation or association.
recognise an interbranch organisation in accordance with
paragraph 1 or 2, they shall:
2. For
the
purposes
of
this
Section,
an "economic area"
means a geographical zone made up of adjoining or neigh
(a) decide whether to grant recognition to the interbranch
bouring production regions in which production and
organisation within four months of the lodging of an appli
marketing conditions are homogeneous.
cation, accompanied by all the relevant supporting evidence;
this application shall be lodged with the Member State
where the organisation has its headquarters;
3. An
organisation
or
association
shall
be
deemed
represen
tative where, in the economic area or areas concerned of a
Member State, it accounts for:
(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;
(a) as a proportion of the volume of production of, or of trade
in, or of processing of the product or products concerned:
(c) in the event of non-compliance or irregularities in the
implementation of the measures provided for in this Regu
(i) for producer organisations in the fruit and vegetables
lation, impose on those organisations the applicable
sector, at least 60 %, or
penalties they have laid down and, if necessary, decide
whether recognition should be withdrawn;
(ii) in other cases, at least two thirds; and
(d) withdraw recognition if:
(b) in the case of producer organisations, more than 50 % of
the producers concerned.
(i) the requirements and conditions for recognition laid
down in this Article are no longer fulfilled;
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
(ii) the interbranch organisation takes part in any of the
concerned gives rise to practical difficulties, a Member State
agreements, decisions and concerted practices referred
may lay down national rules for determining the specified
to in Article 210(4); such withdrawal of recognition
level of representativeness referred to in point (a)(ii) of the
shall be without prejudice to any other penalties to
first subparagraph.
be imposed pursuant to national law;
Where the request for an extension of its rules to other
(iii) the interbranch organisation fails to comply with the
operators covers more than one economic area, the organi
notification obligation referred to in point (a) of the
sation or association shall demonstrate the minimum level of
first subparagraph of Article 210(2);
representativeness as defined in the first subparagraph for each
of the branches it groups in each of the economic areas
concerned.
(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.
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:
S e c t i o n 3
E x t e n s i o n o f r u l e s a n d c o m p u l s o r y
c o n t r i b u t i o n s
(a) production and market reporting;
Article 164
(b) stricter production rules than those laid down in Union or
Extension of rules
national rules;
1. In
cases
where
a
recognised
producer
organisation,
a
recognised association of producer organisations or a recognised
(c) the drawing up of standard contracts which are compatible
interbranch organisation operating in a specific economic area
with Union rules;

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(d) marketing;
S e c t i o n 4
A d j u s t m e n t o f s u p p l y
(e) protecting the environment;
Article 166
(f) measures
to
promote
and
exploit
the
potential
of
products;
Measures to facilitate the adjustment of supply to market
requirements
(g) measures to protect organic farming as well as designations
In order to encourage action by the organisations referred to in
of origin, quality labels and geographical indications;
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
(h) research to add value to the products, in particular through
empowered to adopt delegated acts in accordance with
new uses which do not pose a threat to public health;
Article 227 concerning measures in the sectors listed in
Article 1(2):
(i) studies
to
improve
the
quality
of
products;
(a) improving quality;
(j) research, in particular into methods of cultivation
permitting reduced use of plant protection or animal
(b) promoting better organisation of production, processing
health products and guaranteeing conservation of the soil
and marketing;
and conservation or improvement of the environment;
(c) facilitating the recording of market price trends;
(k) the definition of minimum qualities and definition of
minimum standards of packing and presentation;
(d) permitting the establishment of short and long-term
(l) the
use
of
certified
seed
and
monitoring
of
product
quality;
forecasts on the basis of the means of production used.
(m) animal health, plant health or food safety;
Article 167
Marketing rules to improve and stabilise the operation of
(n) the management of by-products.
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
Those rules shall not cause any damage to other operators in
wines from which they derive, producer Member States may
the Member State concerned or the Union and shall not have
lay down marketing rules to regulate supply, particularly by
any of the effects listed in Article 210(4) or be otherwise
way of decisions taken by interbranch organisations recognised
incompatible with Union law or national rules in force.
under Articles 157 and 158.
5. The
extension
of
the
rules
referred
to
in
paragraph
1
shall Such rules shall be proportionate to the objective pursued and
be brought to the attention of operators by publication in full
shall not:
in an official publication of the Member State concerned.
6. Member
States
shall
notify
the
Commission
of
any (a) relate to any transaction after the first marketing of the
decisions taken under this Article.
produce concerned;
Article 165
(b) allow for price fixing, including where prices are set for
guidance or recommendation;
Financial contributions of non-members
Where rules of a recognised producer organisation, a recognised
(c) render unavailable an excessive proportion of the vintage
association of producer organisations or a recognised inter
that would otherwise be available;
branch 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
(d) provide scope for refusing to issue the national and Union
products concerned, the Member State which has granted recog
certificates required for the circulation and marketing of
nition may, after consulting the relevant stakeholders, decide
wines where such marketing is in accordance with those
that individual economic operators or groups which are not
rules.
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
2. The
rules
provided
for
in
paragraph
1
shall
be
brought
to
contributions are intended to cover costs directly incurred as
the attention of operators by being published in full in an
a result of pursuing the activities in question.
official publication of the Member State concerned.

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3. Member
States
shall
notify
the
Commission
of
any
the quantities delivered and the quality or
decisions taken under this Article.
composition of the agricultural products delivered,
S e c t i o n 5
(ii) the quantity and quality of the products concerned
C o n t r a c t s y s t e m s
which may or must be delivered and the timing of
such deliveries,
Article 168
Contractual relations
(iii) the duration of the contract, which may include either a
definite duration or an indefinite duration with
1. Without
prejudice
to
Article
148
concerning
the
milk
and
termination clauses,
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
(iv) details regarding payment periods and procedures,
and milk products and sugar:
(v) arrangements for collecting or delivering the agri
(a) that every delivery in its territory of those products by a
cultural products, and
producer to a processor or distributor must be covered by a
written contract between the parties; and/or
(vi) rules applicable in the event of force majeure.
(b) that the first purchasers must make a written offer for a
contract for the delivery in its territory of those agricultural
5. By
way
of
derogation
from
paragraph
1,
a
contract
or
an
products by the producer,
offer for a contract shall not be required where the products
concerned are delivered by a producer to a purchaser which is a
such a contract or such an offer for a contract shall fulfil the
cooperative of which the producer is a member if the statutes of
conditions laid down in paragraphs 4 and 6 of this Article.
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
2. Where
the
Member
State
decides
that
deliveries
of
the paragraph 4.
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
6. All elements of contracts for the delivery of agricultural
covered by such a contract if delivery of the products concerned
products concluded by producers, collectors, processors or
is made through one or more intermediaries.
distributors, including those elements referred to in point (c)
of paragraph 4, shall be freely negotiated between the parties.
Member States shall ensure that the provisions that they adopt
under this Article do not impair the proper functioning of the
Notwithstanding the first subparagraph, one or both of the
internal market.
following shall apply:
3. In the case described in paragraph 2, the Member State
(a) where a Member State decides to make written contracts for
may establish a mediation mechanism to cover cases in which
the delivery of agricultural products compulsory in
there is no mutual agreement to conclude such a contract,
accordance with paragraph 1, it may establish a minimum
thereby ensuring fair contractual relations.
duration, applicable only to written contracts between a
producer and the first purchaser of the agricultural
4. Any
contract
or
offer
for
a
contract
referred
to
in
products. Such a minimum duration shall be at least six
paragraph 1 shall:
months and shall not impair the proper functioning of
the internal market;
(a) be made in advance of the delivery;
(b) where a Member State decides that the first purchaser of
agricultural products must make the producer a written
(b) be made in writing; and
offer for a contract in accordance with paragraph 1, it
may provide that the offer must include a minimum
(c) include, in particular, the following elements:
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
(i) the price payable for the delivery, which shall:
the internal market.
— be static and be set out in the contract, and/or
The second subparagraph shall be without prejudice to the
producer's right to refuse such a minimum duration provided
— be calculated by combining various factors set
that he does so in writing. In this case, the parties shall be free
out in the contract, which may include market
to negotiate all elements of the contract, including those
indicators reflecting changes in market conditions,
elements referred to in point (c) of paragraph 4.

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7. Member
States
which
make
use
of
the
options
referred
to
2. The
negotiations
by
the
recognised
producer
organisation
in this Article shall ensure that the provisions set in place do
may take place:
not impair the proper functioning of the internal market.
Member States shall notify the Commission of how they apply
(a) whether or not there is a transfer of ownership of the olive
any measures introduced under this Article.
oil in question by the producers to the producer organi
sation;
8. The
Commission
may
adopt
implementing
acts
laying
down the measures necessary for the uniform application of
(b) whether or not the price negotiated is the same as regards
points (a) and (b) of paragraph 4 and paragraph 5 of this
the aggregate production of some or all of the members;
Article and measures relating to notifications to be made by
the Member States in accordance with this Article.
(c) provided that, for a particular producer organisation, the
Those implementing acts shall be adopted in accordance with
volume of olive oil production covered by such negotiations
the examination procedure referred to in Article 229(2).
which is produced in any particular Member State does not
exceed 20 % of the relevant market; for the purpose of
calculating that volume, a distinction shall be made
Article 169
between olive oil for human consumption and olive oil
for other uses;
Contractual negotiations in the olive oil sector
1. A
producer
organisation
in
the
olive
oil
sector
which
is
recognised under Article 152(1) and which pursues one or
(d) provided that, for the volume of olive oil covered by such
more of the objectives of concentrating supply, the placing
negotiations, the producer organisation concentrates supply
on the market of the products produced by its members and
and places the product of its members on the market;
optimising production costs, may negotiate on behalf of its
members, in respect of part or all of the aggregate production
of their members, contracts for the supply of olive oil.
(e) provided that the producers concerned are not members of
any other producer organisation which also negotiates such
contracts on their behalf;
A producer organisation fulfils the objectives mentioned in this
paragraph provided that the pursuit of those objectives leads to
the integration of activities and such integration is likely to
(f) provided that the olive oil in question is not covered by an
generate significant efficiencies so that the activities of the
obligation to supply arising from the producer's
producer organisation overall contribute to the fulfilment of
membership of a cooperative, which is not itself a
the objectives of Article 39 TFEU.
member of the concerned producer organisation, in
accordance with the conditions set out in the cooperative's
This could be realised provided that:
statutes or the rules and decisions provided for in or derived
from these statutes; and
(a) the producer organisation carries out at least one of the
following activities:
(g) provided that the producer organisation notifies the
competent authorities of the Member State in which it
(i) joint distribution, including joint selling platform or
operates of the volume of olive oil production covered by
joint transportation;
such negotiations.
(ii) joint packaging, labelling or promotion;
3. For
the
purposes
of
this
Article,
references
to
producer
organisations shall also include associations of such producer
(iii) joint organising of quality control;
organisations recognised under Article 156(1).
(iv) joint use of equipment or storage facilities;
4. For the purposes of applying point (c) of paragraph 2, the
Commission shall publish, by such means as it considers appro
(v) joint processing;
priate, the volume of olive oil production in Member States.
(vi) joint management of waste directly related to the
5. By way of derogation from point (c) of paragraph 2, even
production of olive oil;
where the threshold set out therein is not exceeded, the
competition authority referred to in the second subparagraph
(vii) joint procurement of inputs;
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
(b) these activities are significant in terms of volume of olive oil
considers that this is necessary in order to prevent competition
concerned and in terms of cost of the production and
being excluded or if it finds that the objectives of Article 39
placing of the product on the market.
TFEU are jeopardised.

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For negotiations covering more than one Member State, the
(v) joint management of waste directly related to the
decision referred to in the first subparagraph shall be taken
production of live cattle;
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
(vi) joint procurement of inputs;
State to which the negotiations relate.
(b) these activities are significant in terms of quantity of beef
The decisions referred to in this paragraph shall not apply
and veal concerned and in terms of cost of the production
earlier than the date of their notification to the undertakings
and placing of the product on the market.
concerned.
2. The
negotiations
by
the
recognised
producer
organisation
For the purposes of this Article, the definition of "national
may take place:
competition authority" in point (a) of Article 149(7) shall apply.
(a) whether or not there is a transfer of ownership by the
6. The
Member
States
in
which
negotiations
take
place
in
farmers to the producer organisation;
accordance with this Article shall notify the Commission of the
application of point (g) of paragraph 2 and paragraph 5.
(b) whether or not the price negotiated is the same as regards
the aggregate production of some or all of the members;
Article 170
Contractual negotiations in the beef and veal sector
(c) provided that, for a particular producer organisation, the
1. A
producer
organisation
in
the
beef
and
veal
sector
which
quantity of beef and veal production covered by such
is recognised under Article 152(1) and which pursues one or
negotiations which is produced in any particular Member
more of the objectives of concentrating supply, the placing on
State does not exceed 15 % of the total national production
the market of the products produced by its members and opti
of each product referred to in (a) and (b) of the first
mising production costs may negotiate on behalf of its
subparagraph of paragraph 1 of that Member State
members, in respect of part or all of the aggregate production
expressed in carcass weight equivalent;
of their members, contracts for the supply of live cattle of
genus Bos taurus for slaughter falling within CN codes
ex 0102 29 21, ex 0102 29 41, ex 0102 29 51, ex 0102 29 61,
(d) provided that, for the quantity of beef and veal covered by
or ex 0102 29 91:
such negotiations, the producer organisation concentrates
supply and places the product of its members on the
market;
(a) aged less than 12 months; and
(e) provided that the producers concerned are not members of
(b) aged from 12 months and older.
any other producer organisation which also negotiates such
contracts on their behalf;
A producer organisation fulfils the objectives mentioned in this
paragraph provided that the pursuit of those objectives leads to
(f) provided that the product in question is not covered by an
the integration of activities and such integration is likely to
obligation to supply arising from the producer's
generate significant efficiencies so that the activities of the
membership of a cooperative, which is not itself a
producer organisation overall contribute to the fulfilment of
member of the concerned producer organisation, in
the objectives of Article 39 TFEU.
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
This could be realised provided that:
(g) provided that the producer organisation notifies the
(a) the producer organisation carries out at least one of the
competent authorities of the Member State in which it
following activities:
operates of the quantity of beef and veal production
covered by such negotiations.
(i) joint distribution, including joint selling platform or
joint transportation;
3. For
the
purposes
of
this
Article,
references
to
producer
organisations shall also include associations of such producer
(ii) joint promotion;
organisations recognised under Article 156(1).
(iii) joint organising of quality control;
4. For the purposes of applying point (c) of paragraph 2, the
Commission shall publish, by such means as it considers appro
priate, the quantity of beef and veal production in Member
(iv) joint use of equipment or storage facilities;
States expressed in carcass weight equivalent.

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5. By way of derogation from point (c) of paragraph 2, even
(h) rapeseed falling within CN code ex 1205;
where the thresholds set out therein are not exceeded, the
competition authority referred to in the second subparagraph
(i) sunflower seed falling within CN code ex 1206 00;
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
(j) soya beans falling within CN code 1201 90 00;
considers that this is necessary in order to prevent competition
being excluded or it finds that the product covered by the
(k) field beans falling within CN codes ex 0708 and ex 0713;
negotiations forms part of a separate market by virtue of the
specific characteristics of the product or its intended use and
(l) field peas falling within CN codes ex 0708 and ex 0713.
that such collective negotiation would cover more than 15 % of
the national production of such market, or if it finds that the
objectives of Article 39 TFEU are jeopardised.
A producer organisation fulfils the objectives mentioned in this
paragraph provided that the pursuit of those objectives leads to
the integration of activities and such integration is likely to
For negotiations covering more than one Member State, the
generate significant efficiencies so that the activities of the
decision referred to in the first subparagraph shall be taken
producer organisation overall contribute to the fulfilment of
by the Commission without applying the procedure referred
the objectives of Article 39 TFEU.
to in Article 229(2) or (3). In other cases, that decision shall
be taken by the national competition authority of the Member
This could be realised provided that:
State to which the negotiations relate.
(a) the producer organisation carries out at least one of the
The decisions referred to in this paragraph shall not apply
following activities:
earlier than the date of their notification to the undertakings
concerned.
(i) joint distribution, including joint selling platform or
joint transportation;
For the purposes of this Article, the definition of "national
competition authority" in point (a) of Article 149(7) shall apply.
(ii) joint promotion;
6. The
Member
States
in
which
negotiations
take
place
in
(iii) joint organising of quality control;
accordance with this Article shall notify the Commission of the
application of point (g) of paragraph 2 and paragraph 5.
(iv) joint use of equipment or storage facilities;
Article 171
(v) joint procurement of inputs:
Contractual negotiations for certain arable crops
(b) these activities are significant in terms of quantity of the
1. A
producer
organisation
which
is
recognised
under
product concerned and in terms of cost of the production
Article 152(1) and which pursues one or more of the objectives
and placing of the product on the market.
of concentrating supply, the placing on the market of the
products produced by its members and optimising production
2. The
negotiations
by
the
recognised
producer
organisation
costs, may negotiate on behalf of its members, in respect of part
may take place:
or all of the aggregate production of their members, contracts
for the supply of one or more of the following products not
(a) whether or not there is a transfer of ownership by the
intended for sowing and in the case of barley not intended for
producers to the producer organisation;
malting:
(b) whether or not the price negotiated is the same as regards
(a) common wheat falling within CN code ex 1001 99 00;
the aggregate production of some or all of the members;
(b) barley falling within CN code ex 1003 90 00;
(c) provided that, for each product referred to in paragraph 1
and for a particular producer organisation, the quantity of
production covered by such negotiations which is produced
(c) maize falling within CN code 1005 90 00;
in any particular Member State does not exceed 15 % of the
total national production of that product in the Member
State concerned;
(d) rye falling within CN code 1002 90 00;
(d) provided that, for the quantity of products covered by such
(e) durum wheat falling within CN code 1001 19 00;
negotiations, the producer organisation concentrates supply
and places the product of its members on the market;
(f) oats falling within CN code 1004 90 00;
(e) provided that the producers concerned are not members of
any other producer organisation which also negotiates such
(g) triticale falling within CN code ex 1008 60 00;
contracts on their behalf;

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(f) provided that the product in question is not covered by an
group of operators referred to in Article 3(2) of Regulation (EU)
obligation to supply arising from the producer's
No 1151/2012, Member States may lay down, for a limited
membership of a cooperative, which is not itself a
period of time, binding rules for the regulation of the supply
member of the concerned producer organisation, in
of ham benefiting from a protected designation of origin or
accordance with the conditions set out in the cooperative's
from a protected geographical indication under Article 5(1)
statutes or the rules and decisions provided for in or derived
and (2) of Regulation (EU) No 1151/2012.
from these statutes; and
2. The
rules
referred
to
in
paragraph
1
of
this
Article
shall
be
(g) provided that the producer organisation notifies the
subject to the existence of a prior agreement between the
competent authorities of the Member State in which it
parties in the geographical area referred to in point (c) of
operates of the quantity of production for each product
Article 7(1) of Regulation (EU) No 1151/2012. Such an
covered by such negotiations.
agreement shall be concluded, after consultation with pig
producers in the geographical area, between at least two
3. For
the
purposes
of
this
Article,
references
to
producer thirds of the processors of that ham representing at least two
organisations shall also include associations of such producer
thirds of the production of that ham in the geographical area
organisations recognised under Article 156(1).
referred to in point (c) of Article 7(1) of Regulation (EU)
No 1151/2012 and, if considered to be appropriate by the
Member State, at least two thirds of the pig producers in the
4. For the purposes of applying point (c) of paragraph 2, the
geographical area referred to in point (c) of Article 7(1) of
Commission shall publish for the products referred to in
Regulation (EU) No 1151/2012.
paragraph 1, by such means as it considers appropriate, the
quantity of production in Member States.
3. The
rules
referred
to
in
paragraph
1:
5. By way of derogation from point (c) of paragraph 2, even
where the thresholds set out therein are not exceeded, the
competition authority referred to in the second subparagraph
(a) shall only cover the regulation of supply of the product
of this paragraph may decide in an individual case that a
concerned and/or its raw material and shall have the aim
particular negotiation by the producer organisation should
of adapting the supply of that ham to demand;
either be reopened or should not take place at all if it
considers that this is necessary in order to prevent competition
being excluded, or it finds that the product covered by the
(b) shall have effect only on the product concerned;
negotiations forms part of a separate market by virtue of the
specific characteristics of the product or its intended use and
that such collective negotiation would cover more than 15 % of
(c) may be made binding for no more than three years and
the national production of such market, or if it finds that the
may be renewed after this period, following a new request,
objectives of Article 39 TFEU are jeopardised.
as referred to in paragraph 1;
For negotiations covering more than one Member State, the
(d) shall not damage the trade in products other than those
decision referred to in the first subparagraph shall be taken
concerned by those rules;
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
(e) shall not relate to any transaction after the first marketing
State to which the negotiations relate.
of the ham concerned;
The decisions referred to in this paragraph shall not apply
earlier than the date of their notification to the undertakings
(f) shall not allow for price fixing, including where prices are
concerned.
set for guidance or recommendation;
For the purposes of this Article, the definition of "national
(g) shall not render unavailable an excessive proportion of the
competition authority" in point (a) of Article 149(7) shall apply.
product concerned that would otherwise be available;
6. The
Member
States
in
which
negotiations
take
place
in
accordance with this Article shall notify the Commission of the
(h) shall not create discrimination, constitute a barrier for new
application of point (g) of paragraph 2 and paragraph 5.
entrants in the market, or lead to small producers being
adversely affected;
Article 172
Regulation of supply for ham with a protected designation
(i) shall contribute to maintaining the quality and/or the devel
of origin or protected geographical indication
opment of the product concerned.
1. Upon
the
request
of
a
producer
organisation
recognised
under Article 152(1) of this Regulation, an interbranch organi
4. The
rules
referred
to
in
paragraph
1
shall
be
published
in
sation recognised under Article 157(1) of this Regulation or a
an official publication of the Member State concerned.

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5. Member
States
shall
carry
out
checks
in
order
to
ensure
requirements for such organisations and associations to take
that the conditions laid down in paragraph 3 are complied with,
remedial measures in the event of non-respect of the recog
and, where it has been found by the competent national auth
nition criteria;
orities that such conditions have not been complied with, shall
repeal the rules referred to in paragraph 1.
(d) transnational organisations and associations including the
rules referred to in points (a), (b) and (c) of this paragraph;
6. 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
(e) rules relating to the establishment and the conditions of
notification of such rules.
administrative assistance to be given by the relevant
competent authorities in the case of transnational cooper
ation;
7. The
Commission
may
at
any
time
adopt
implementing
acts requiring that a Member State repeal the rules laid down
(f) the sectors to which Article 161 applies, the conditions for
by that Member State pursuant to paragraph 1 if the
the outsourcing of activities, the nature of activities that
Commission finds that those rules do not comply with the
may be outsourced and the provision of technical means
conditions laid down in paragraph 4, prevent or distort
by organisations or associations;
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
(g) the basis for the calculation of minimum volume or value
without applying the procedure referred to in Article 229(2)
of marketable production of organisations and associations;
or (3) of this Regulation.
(h) the acceptance of members who are not producers in the
S e c t i o n 6
case of producer organisations and who are not producer
organisations in the case of associations of producer organi
P r o c e d u r a l r u l e s
sations;
Article 173
(i) the extension of certain rules of the organisations provided
Delegated powers
for in Article 164 to non-members and the compulsory
1. In
order
to
ensure
that
the
objectives
and
responsibilities
payment of subscriptions by non-members referred to in
of producer organisations, associations of producer organi
Article 165 including the use and allocation of that
sations and interbranch organisations are clearly defined so as
payment by those organisations and a list of the stricter
to contribute to the effectiveness of the actions of such organi
production rules which may be extended under point (b)
sations and associations without resulting in undue adminis
of the first subparagraph of Article 164(4), while ensuring
trative burden and without undermining the principle of
that such organisations are transparent and accountable
freedom of association in particular toward non-members of
toward non-members and that members of such organi
such organisations, the Commission shall be empowered to
sations do not enjoy a more favourable treatment than
adopt delegated acts in accordance with Article 227 concerning
non-members, in particular as to the use of the compulsory
the following matters regarding producer organisations, associ
payment of subscriptions;
ations of producer organisations, and interbranch organisations
for one or more of the sectors referred to in Article 1(2), or
(j) further requirements as regards representativeness of the
specific products of those sectors:
organisations referred to in Article 164, the economic
areas concerned, including Commission scrutiny of their
definition, minimum periods during which the rules shall
(a) the specific aims which may, must or must not be pursued
apply before their extension, the persons or organisations to
by such organisations and associations and, where appli
whom the rules or contributions may be applied, and the
cable, added to those laid down in Articles 152 to 163;
circumstances in which the Commission may require that
the extension of rules or compulsory contributions be
(b) the rules of such organisations and associations, the statutes
refused or withdrawn.
of organisations other than producer organisations, the
specific conditions applicable to the statutes of producer
2. By
way
of
derogation
from
paragraph
1,
in
order
to
organisations in certain sectors, including derogations
ensure that the objectives and responsibilities of producer
from the obligation to market the entire production
organisations, associations of producer organisations and inter
through the producer organisation referred to in the
branch organisations in the milk and milk products sector are
second paragraph of Article 160, the structure, membership
clearly defined, so as to contribute to the effectiveness of the
period, size, accountability and activities of such organi
actions of such organisations without imposing an undue
sations and associations, the effects deriving from recog
burden, the Commission shall be empowered to adopt
nition, the withdrawal of recognition, and mergers;
delegated acts in accordance with Article 227 laying down:
(c) the conditions for recognition, withdrawal and suspension
(a) the conditions for recognising transnational producer
of recognition, the effects deriving from recognition,
organisations and transnational associations of producer
withdrawal and suspension of recognition as well as
organisations;

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(b) rules relating to the establishment and the conditions of
(c) the notifications to be made by the Member States to the
administrative assistance to be given to producer organi
Commission in accordance with point (d) of Article 161(3),
sations, including associations of producer organisations
point (e) of Article 163(3), Article 149(8) and
by the relevant competent authorities in the case of trans
Article 150(7);
national cooperation;
(d) the procedures relating to administrative assistance in the
(c) additional rules regarding the calculation of the volume of
case of transnational cooperation.
raw milk covered by the negotiations referred to in point (c)
of Article 149(2) and Article 149(3);
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
(d) rules concerning the extension of certain rules of the organi
sations provided for in Article 164 to non-members and the
Article 175
compulsory payment of subscriptions by non-members
referred to in Article 165.
Other implementing powers
The Commission may, by means of implementing acts, adopt
Article 174
individual decisions regarding:
Implementing powers in accordance with the examination
procedure
(a) the recognition of organisations carrying out activities in
more than one Member State, pursuant to the rules
1. The
Commission
may
adopt
implementing
acts
laying
adopted under point (d) of Article 174(1);
down the measures necessary for the application of this
Chapter, in particular:
(b) the objection to, or the withdrawal of, recognition of an
interbranch organisation by a Member State;
(a) measures for the implementation of the conditions for
recognition of producer organisations and interbranch
organisations set out in Articles 154 and 158;
(c) the list of economic areas notified by Member States
pursuant to the rules adopted under point (h) of
Article 174(1) and point (d) of Article 174(2);
(b) procedures in the event of a merger of producer organi
sations;
(d) the requirement that a Member State refuse or repeal an
extension of rules or financial contributions by non-
(c) procedures to be determined by Member States in relation
members decided on by that Member State.
to the minimum size and minimum membership period;
Those implementing acts shall be adopted without applying the
(d) procedures relating to the extension of rules and financial
procedure referred to in Article 229(2) or (3).
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);
PART III
TRADE WITH THIRD COUNTRIES
(e) procedures relating to administrative assistance;
CHAPTER I
(f) procedures relating to the outsourcing of activities;
Import and export licences
Article 176
(g) procedures and technical conditions as regards the imple
mentation of the measures referred to in Article 166.
General rules
1. Without
prejudice
to
cases
where
import
or
export
Those implementing acts shall be adopted in accordance with
licences are required in accordance with this Regulation, the
the examination procedure referred to in Article 229(2).
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:
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) cereals;
(a) the implementation of the conditions for recognition of
(b) rice;
producer organisations and their associations and inter
branch organisations set out in Articles 161 and 163;
(c) sugar;
(b) the notification referred to in point (f) of Article 149(2);
(d) seeds;

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(e) olive oil and table olives, with regard to products falling
customs status of the products concerned, the trade
within CN codes 1509, 1510 00, 0709 92 90,
arrangements to be respected, the purposes of operations,
0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;
the legal status of the applicant and the quantities involved.
(f) flax and hemp, as far as hemp is concerned;
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:
(g) fruit and vegetables;
(a) the rights and obligations deriving from the licence, its legal
(h) processed fruit and vegetables;
effects, and the cases where a tolerance applies as regards
compliance with the obligation to import or export the
(i) bananas;
quantity mentioned in the licence or where the origin is
to be indicated in the licence;
(j) wine;
(b) the issue of an import licence or the release into free circu
lation being subject to the presentation of a document
(k) live plants;
issued by a third country or an entity certifying inter alia
the origin, the authenticity and the quality characteristics of
(l) beef
and
veal;
the products;
(m) milk and milk products;
(c) the transfer of the licence or restrictions on its transfer
ability;
(n) pigmeat;
(d) additional conditions for import licences for hemp in
accordance with Article 189 and the principle of adminis
(o) sheepmeat and goatmeat;
trative assistance between Member States to prevent or deal
with cases of fraud and irregularities;
(p) eggs;
(e) the cases and situations where the lodging of a security
guaranteeing that the products are imported or exported
(q) poultrymeat;
within the period of validity of the licence is or is not
required.
(r) ethyl alcohol of agricultural origin.
Article 178
2. Licences
shall
be
issued
by
Member
States
to
any Implementing powers in accordance with the examination
applicant, irrespective of their place of establishment in the
procedure
Union, unless an act adopted in accordance with Article 43(2)
TFEU provides otherwise, and without prejudice to the appli
The Commission shall adopt implementing acts laying down
cation of Articles 177, 178 and 179 of this Regulation.
the measures necessary for the application of this Chapter,
including rules on:
3. Licences
shall
be
valid
throughout
the
Union.
(a) the format and content of the licence;
Article 177
(b) the submission of applications and the issuing of licences
Delegated powers
and their use;
1. In
order
to
take
into
account
the
international
obligations
of the Union and the applicable Union social, environmental
(c) the period of validity of the licence,
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
(d) the procedures for, and the amount of, a security to be
to reduce the administrative burden, the Commission shall be
lodged;
empowered to adopt delegated acts in accordance with
Article 227 determining:
(e) the proof that the requirements for the use of licences have
been fulfilled;
(a) the list of the products of the sectors referred to in
Article 176(1) subject to the presentation of an import or
(f) the level of the tolerance as regards the respect of the
export licence;
obligation to import or export the quantity mentioned in
the licence;
(b) the cases and situations where the presentation of an import
or export licence is not required, taking account of the
(g) the issue of replacement licences and duplicate licences;

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(h) the treatment of licences by Member States and the
2. In
order
to
ensure
the
efficiency
of
the
system,
the
exchange of information needed for the management of
Commission shall be empowered to adopt delegated acts in
the system, including the procedures relating to the
accordance with Article 227 to provide that the veracity of
specific administrative assistance between Member States.
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.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
3. The
Commission
shall
adopt
implementing
acts
estab
lishing rules for the calculation of the flat-rate import value
Article 179
referred to in paragraph 2. Those implementing acts shall be
Other implementing powers
adopted in accordance with the examination procedure referred
to in Article 229(2).
The Commission may adopt implementing acts:
Article 182
(a) limiting the quantities for which licences may be issued;
Additional import duties
1. The
Commission
may
adopt
implementing
acts
deter
(b) rejecting the quantities applied for;
mining the products of the cereals, rice, sugar, fruit and
vegetables, processed fruit and vegetables, beef and veal, milk
(c) suspending the submission of applications in order to
and milk products, pigmeat, sheepmeat and goatmeat, eggs,
manage the market where large quantities are applied for.
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
Those implementing acts shall be adopted without applying the
import duty shall apply in order to prevent or counteract
procedure referred to in Article 229(2) or (3).
adverse effects on the Union market which may result from

those imports, if:
CHAPTER II
(a) the imports are made at a price below the level notified by
Import duties
the Union to the WTO (the trigger price); or
Article 180
Implementation of international agreements and certain
(b) the volume of imports in any year exceeds a certain level
other acts
(the trigger volume).
The Commission shall adopt implementing acts laying down
measures to comply with requirements laid down in inter
The trigger volume shall be based on market access oppor
national agreements which have been concluded in accordance
tunities defined as imports expressed as a percentage of the
with the TFEU or in any other relevant act adopted in
corresponding domestic consumption during the three
accordance with Article 43(2) or Article 207 TFEU or the
previous years.
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
Those implementing acts shall be adopted in accordance with
referred to in Article 229(2).
the examination procedure referred to in Article 229(2).
Article 181
2. Additional
import
duties
shall
not
be
imposed
where
the
Entry price system for certain products of the fruit and
imports are unlikely to disturb the Union market, or where the
vegetables, processed fruit and vegetables and wine sectors
effects would be disproportionate to the intended objective.
1. For the application of the Common Customs Tariff duty
rate for products of the fruit and vegetables and processed fruit
3. For the purposes of point (a) of the first subparagraph of
and vegetables sectors and for grape juice and musts, the entry
paragraph 1, import prices shall be determined on the basis of
price of a consignment shall be equal to its customs value
the c.i.f. import prices of the consignment under consideration.
calculated in accordance with Council Regulation (EC)
C.i.f. import prices shall be checked against the representative
No 2913/92 ( 1 ) (the Customs Code) and Commission Regu
prices for the product on the world market or on the Union
lation (EC) No 2454/93 ( 2 ).
import market for that product.
( 1 ) Council Regulation (EC) No 2913/92 of 12 October 1992 estab
lishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).
4. The
Commission
may
adopt
implementing
acts
laying
( 2 ) Commission Regulation (EC) No 2454/93 of 2 July 1993 laying
down the measures necessary for the application of this
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code
Article. Those implementing acts shall be adopted in accordance
(OJ L 253, 11.10.1993, p. 1).
with the examination procedure referred to in Article 229(2).

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Article 183
of competitiveness, certainty and continuity of supply and
the need to safeguard the equilibrium of that market; and
Other implementing powers
The Commission may adopt implementing acts:
(b) for export tariff quotas, permit the full use of the possi
bilities available under the quota concerned.
(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 185
Article 180;
Specific tariff quotas
In order to give effect to tariff quotas for import into Spain of
(b) fixing the representative prices and trigger volumes for the
2 000 000 tonnes of maize and 300 000 tonnes of sorghum
purposes of applying additional import duties in the
and tariff quotas for import into Portugal of 500 000 tonnes of
framework of the rules adopted pursuant to Article 182(1).
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
Those implementing acts shall be adopted without applying the
appropriate, the public storage of the quantities imported by the
procedure referred to in Article 229(2) or (3).
paying agencies of the Member States concerned and their
disposal on the markets of those Member States.
CHAPTER III
Tariff quota management and special treatment of imports by
Article 186
third countries
Delegated powers
Article 184
1. In
order
to
ensure
fair
access
for
the
quantities
available
Tariff quotas
and the equal treatment of operators within the tariff quota, the
Commission shall be empowered to adopt delegated acts in
1. Tariff quotas for the import of agricultural products for
accordance with Article 227:
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
(a) determining the conditions and eligibility requirements that
by the Union, resulting from international agreements
an operator has to fulfil to submit an application within the
concluded in accordance with the TFEU or any other act
tariff quota; the provisions concerned may require a
adopted in accordance with Article 43(2) or Article 207
minimum experience in trade with third countries and
TFEU, shall be opened and/or administered by the Commission
assimilated territories, or in processing activity, expressed
by means of delegated acts pursuant to Article 186 of this
as a minimum quantity and period of time in a given
Regulation and implementing acts pursuant to Articles 187
market sector; those provisions may include specific rules
and 188 of this Regulation.
to suit the needs and practices in force in a certain sector
and the uses and needs of the processing industries;
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
(b) establishing rules on the transfer of rights between operators
of them or another appropriate method:
and, where necessary, the limitations to such transfer within
the management of the tariff quota;
(a) a method based on the chronological order of the
submission of applications ("first come, first served" prin
(c) making participation in the tariff quota subject to the
ciple);
lodging of a security;
(b) a method of distribution in proportion to the quantities
requested when the applications were submitted (the "sim
(d) providing, where necessary, for any particular specific char
ultaneous examination method");
acteristics, requirements or restrictions applicable to the
tariff quota as set out in the international agreement or
other act referred to in Article 184(1).
(c) a method based on taking traditional trade patterns into
account (the "traditional/newcomers method").
2. In
order
to
ensure
that
exported
products
may
benefit
3. The
method
of
administration
adopted
shall:
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
(a) for import tariff quotas, give due weight to the supply
Commission shall be empowered to adopt delegated acts in
requirements of the existing and emerging Union
accordance with Article 227 of this Regulation concerning
production, processing and consumption market in terms
rules requiring the competent authorities of Member States to

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issue, on request and after appropriate checks, a document
the quantities available within the tariff quota are not exceeded,
certifying that the conditions are met for products that, if
in particular by fixing an allocation coefficient to each appli
exported, may benefit from a special treatment on importation
cation when the available quantities are reached, rejecting
into a third country if certain conditions are respected.
pending applications and where necessary suspending the
submission of applications.
Article 187
Implementing powers in accordance with the examination
2. The Commission may adopt implementing acts
procedure
concerning the reallocation of the unused quantities.
The Commission may adopt implementing acts laying down:
3. Implementing
acts
referred
to
in
this
Article
shall
be
(a) the annual tariff quotas, if necessary suitably phased over
adopted without applying the procedure referred to in
the year, and the method of administration to be used;
Article 229(2) or (3).
(b) procedures for the application of the specific provisions laid
CHAPTER IV
down in the agreement or act adopting the import or
export regime, in particular, on:
Special import provisions for certain products
Article 189
(i) guarantees covering the nature, provenance and origin
of the product;
Imports of hemp
1. The
following
products
may
be
imported
into
the
Union
only if the following conditions are met:
(ii) recognition of the document used for verifying the
guarantees referred to in point (i);
(a) raw true hemp falling within CN code 5302 10 00 meeting
(iii) the presentation of a document issued by the exporting
the conditions laid down in Article 32(6) and in
country;
Article 35(3) of Regulation (EU) No 1307/2013
(iv) destination and use of the products;
(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
(c) the period of validity of the licences or of the authori
not exceed that fixed in accordance with Article 32(6) and
sations;
in Article 35(3) of Regulation (EU) No 1307/2013;
(d) the procedures for, and the amount of, the security to be
lodged;
(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
(e) the use of licences, and, where necessary, specific measures
intended for sowing.
relating to, in particular, the conditions under which appli
cations for import shall be submitted and authorisation
granted within the tariff quota;
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
(f) procedures and technical criteria for the application of
Agriculture.
Article 185;
(g) necessary measures concerning the content, form, issue and
Article 190
use of the document referred to in Article 186(2).
Imports of hops
1. Products
of
the
hops
sector
may
be
imported
from
third
Those implementing acts shall be adopted in accordance with
countries only if their quality standards are at least equivalent to
the examination procedure referred to in Article 229(2).
those adopted for like products harvested within the Union or
made from such products.
Article 188
Other implementing powers
2. Products shall be considered to be of the standard referred
to in paragraph 1 if they are accompanied by an attestation
1. The Commission shall adopt implementing acts issued by the authorities of the country of origin and recognised
concerning the management of the process guaranteeing that
as equivalent to the certificate referred to in Article 77.

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In the case of hop powder, hop powder with higher lupulin
2. The
sole
sugar
beet
processing
plant
at
work
in
2005
in
content, extract of hops and mixed hop products, the attestation
Portugal shall be deemed to be a full-time refiner.
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. Import licences for sugar for refining shall be issued only
to full-time refiners provided that the quantities concerned do
not exceed the quantities referred to in paragraph1. The licences
3. In
order
to
minimise
the
administrative
burden,
the may be transferred only between full-time refiners and their
Commission shall be empowered to adopt delegated acts in
validity shall expire at the end of the marketing year for
accordance with Article 227 setting the conditions under
which they have been issued.
which obligations related to an attestation of equivalence and
the labelling of packaging are not to apply.
This paragraph shall apply for the first three months of each
marketing year.
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.
4. Taking
into
account
the
need
to
ensure
that
sugar
for
Those implementing acts shall be adopted in accordance with
refining imported in accordance with this Article is refined,
the examination procedure referred to in Article 229(2).
the Commission shall be empowered to adopt delegated acts
in accordance with Article 227 laying down:
Article 191
(a) the use of terms for the operation of the import
Derogations for imported products and special security in
arrangements referred to in paragraph 1;
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
(b) the conditions and eligibility requirements that an operator
accordance with Article 43(2) TFEU, pursuant to the inter
has to fulfil to lodge an application for an import licence,
national obligations of the Union.
including the lodging of a security;
In the case of derogations from point 5 of Section B of Part II
(c) rules on administrative penalties to be charged.
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
5. The
Commission
may
adopt
implementing
acts
laying
the customs authorities of the Member State of release into free
down necessary rules concerning the supporting documents to
circulation, that:
be supplied in connection with the requirements and
obligations applicable to importers, and in particular to full-
time refiners. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
(a) the products have not benefited from the derogations; or,
Article 229(2).
(b) if they have benefited from the derogations, the products
Article 193
have not been vinified, or if they have been vinified, the
resulting products have been appropriately labelled.
Suspension of import duties in the sugar sector
In order to guarantee the supply necessary for the manufac
turing of products referred to in Article 140(2), the Commission
The Commission may adopt implementing acts laying down
may, until the end of the 2016-2017 marketing year, adopt
rules to ensure the uniform application of this Article,
implementing acts suspending import duties in whole or in
including on the amounts of the security and appropriate
part for certain quantities in respect of the following products:
labelling. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in
Article 229(2).
(a) sugar falling within CN code 1701;
Article 192
(b) isoglucose falling within CN codes 1702 30 10,
Imports of raw sugar for refining
1702 40 10, 1702 60 10 and 1702 90 30.
1. Until the end of the 2016-2017 marketing year, an
exclusive import capacity of 2 500 000 tonnes per marketing
year, expressed in white sugar, shall be granted to full-time
Those implementing acts shall be adopted in accordance with
refiners.
the examination procedure referred to in Article 229(2).

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CHAPTER V
a Member State or on its own initiative, fully or partially
suspending the use of processing or inward processing
Safeguard and inward processing
arrangements for the products of the cereals, rice, sugar, olive
oil and table olives, fruit and vegetables, processed fruit and
Article 194
vegetables, wine, beef and veal, milk and milk products,
Safeguard measures
pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agri
cultural ethyl alcohol sectors. Those implementing acts shall be
1. Safeguard
measures
against
imports
into
the
Union
shall adopted in accordance with the examination procedure referred
be taken by the Commission, subject to paragraph 3 of this
to in Article 229(2).
Article, in accordance with Council Regulations (EC)
No 260/2009 ( 1 ) and (EC) No 625/2009 ( 2 ).
Where the Commission receives a request from a Member State,
it shall, by means of implementing acts, take a decision thereon
2. Save
as
otherwise
provided
for
in
any
other
act
of
the within five working days following the receipt of the request.
European Parliament and the Council and any other act of the
Those implementing acts shall be adopted in accordance with
Council, safeguard measures against imports into the Union
the examination procedure referred to in Article 229(2).
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.
On duly justified imperative grounds of urgency, the
Commission shall adopt immediately applicable implementing
acts in accordance with the procedure referred to in
3. The
Commission
may
adopt
implementing
acts
estab
Article 229(3).
lishing 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 measures adopted shall be communicated to the Members
the examination procedure referred to in Article 229(2).
States and shall take effect immediately.
Where the Commission receives a request from a Member State,
CHAPTER VI
it shall, by means of implementing acts, take a decision thereon
within five working days following the receipt of the request.
Export refunds
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
Article 196
Scope
On duly justified imperative grounds of urgency, the
Commission shall adopt immediately applicable implementing
1. To the extent necessary to enable exports on the basis of
acts in accordance with the procedure referred to in
world market quotations or prices when conditions on the
Article 229(3).
internal market are such as those described in Article 219(1)
or Article 221 and within the limits resulting from international
agreements concluded in accordance with the TFEU, the
The measures adopted shall be communicated to the Members
difference between those quotations or prices and prices in
States and shall take effect immediately.
the Union may be covered by export refunds for:
4. The
Commission
may
adopt
implementing
acts
revoking
or amending Union safeguard measures adopted pursuant to
(a) the products of the following sectors to be exported without
paragraph 3 of this Article. Those implementing acts shall be
further processing:
adopted in accordance with the examination procedure referred
to in Article 229(2).
(i) cereals;
On duly justified imperative grounds of urgency, the
(ii) rice;
Commission shall adopt immediately applicable implementing
acts in accordance with the procedure referred to in
Article 229(3).
(iii) sugar, with regard to the products listed in points (b)
to (d) and (g) of Part III of Annex I;
Article 195
Suspension of processing and inward processing
(iv) beef and veal;
arrangements
Where the Union market is disturbed or is liable to be disturbed
(v) milk and milk products;
by processing or inward processing arrangements, the
Commission may adopt implementing acts, at the request of
(vi) pigmeat;
( 1 ) Council Regulation (EC) No 260/2009 of 26 February 2009 on the
common rules for imports (OJ L 84, 31.3.2009, p. 1).
(vii) eggs;
( 2 ) Council Regulation (EC) No 625/2009 of 7 July 2009 on common
rules for imports from certain third countries (OJ L 185, 17.7.2009,
p. 1).
(viii) poultrymeat;

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(b) the products listed in points (i) to (iii), (v) and (vii) of point
2. The
refund
applicable
to
products
listed
in
point
(a)
of
(a) of this paragraph to be exported in the form of
Article 196(1) shall be the refund applicable on the day of
processed goods in accordance with Council Regulation
application for the licence or the refund resulting from the
(EC) No 1216/2009 ( 1 ), and in the form of the products
tendering procedure concerned and, in the case of a differ
containing sugar listed in point (b) of Part X of Annex I
entiated refund, the refund applicable on the same day:
to this Regulation.
(a) for the destination indicated on the licence; or
2. Export
refunds
on
products
exported
in
the
form
of
processed goods shall not be higher than those applicable to
the same products exported without further processing.
(b) for the actual destination if it differs from the destination
indicated on the licence, in which case the amount
applicable shall not exceed the amount applicable to the
3. Without
prejudice
to
the
application
of
Article
219(1)
and
destination indicated on the licence.
Article 221, the refund available for the products referred to in
paragraph 1 of this Article shall be EUR 0.
3. The refund shall be paid upon submission of proof that:
Article 197
Export refund distribution
(a) the products have left the customs territory of the Union in
The method of allocation for quantities which may be exported
accordance with the export procedure referred to in
with an export refund shall be the one that:
Article 161 of the Customs Code;
(a) is most suited to the nature of the product and the situation
(b) in the case of a differentiated refund, the products have
on the relevant market, allowing the most efficient use of
been imported into the destination indicated on the
the resources available, taking into account the efficiency
licence or another destination for which a refund was
and structure of Union exports and their impact on the
fixed, without prejudice to point (b) of paragraph 2.
market balance without creating discrimination between
the operators concerned, and in particular between large
and small operators;
Article 200
Export refunds for live animals in the beef and veal sector
(b) is least cumbersome administratively for operators, taking
With regard to products of the beef and veal sector, the
into account the administrative requirements.
granting and the payment of the refund for exports of live
animals shall be subject to compliance with the animal
welfare requirements established in Union law, and in particular
Article 198
with those for the protection of animals during transport.
Export refund fixation
1. The
same
export
refunds
shall
apply
to
the
same
products
Article 201
in the whole Union. They may vary according to destination,
especially where the world market situation, the specific
Export limits
requirements of certain markets, or obligations resulting from
The volume commitments resulting from the international
international agreements concluded in accordance with the
agreements concluded in accordance with the TFEU shall be
TFEU make this necessary.
respected on the basis of export licences issued for the
reference periods applying to the products concerned.
2. Measures
on
the
fixing
of
refunds
shall
be
taken
by
the
Council in accordance with Article 43(3) TFEU.
With regard to compliance with the obligations under the WTO
Agreement on Agriculture, the ending of a reference period
shall not affect the validity of export licences.
Article 199
Granting of export refund
1. Refunds
on
products
listed
in
point
(a)
of
Article
196(1)
Article 202
exported as such without further processing shall only be
Delegated powers
granted on application and on presentation of an export licence.
1. In
order
to
ensure
the
proper
functioning
of
the
export
refund system, the Commission shall be empowered to adopt
( 1 ) Council Regulation (EC) No 1216/2009 of 30 November 2009
delegated acts in accordance with Article 227 laying down the
laying down the trade arrangements applicable to certain goods
resulting from the processing of agricultural products (OJ L 328,
requirement to lodge a security guaranteeing the fulfilment of
15.12.2009, p. 10).
the operators' obligations.

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2. In
order
to
minimise
the
administrative
burden
for
(b) the processing that products benefiting from export refunds
operators and authorities, the Commission shall be
may undergo during that period;
empowered to adopt delegated acts in accordance with
Article 227 setting thresholds below which the obligation to
issue or present an export licence may not be required, desig
nating destinations or operations where an exemption for the
(c) the proof of having reached a destination in order to be
obligation to present an export licence may be justified and
eligible for differentiated refunds;
permitting export licences to be granted ex-post in justified
situations.
(d) the refund thresholds and conditions under which exporters
may be exempted from such proof;
3. In
order
to
address
practical
situations
justifying
the
full
or
partial eligibility for export refunds and to help operators bridge
the period between the application and the final payment of the
(e) conditions for approval of proof, provided by independent
export refund, the Commission shall be empowered to adopt
third parties, of reaching a destination where differentiated
delegated acts in accordance with Article 227 concerning rules
refunds apply.
on:
6. In
order
to
encourage
exporters
to
respect
animal
welfare
conditions, and in order to enable the competent authorities to
(a) another date for the refund;
verify correct expenditure of export refunds where that is
conditional on respect for animal welfare requirements, the
Commission shall be empowered to adopt delegated acts in
accordance with Article 227 on the respect of animal welfare
(b) advance payment of export refunds, including the
requirements outside the customs territory of the Union,
conditions for the lodging and release of a security;
including the use of independent third parties.
7. In
order
to
take
into
account
the
specific
characteristics
of
(c) additional proof where doubts exist as to the real desti
the different sectors, the Commission shall be empowered to
nation of products, and the opportunity for re-importation
adopt delegated acts in accordance with Article 227 establishing
into the customs territory of the Union;
specific requirements and conditions for operators and for the
products eligible for an export refund, and coefficients for the
purposes of calculating export refunds taking into account the
ageing process of certain spirit drinks obtained from cereals.
(d) destinations treated as exports from the Union, and the
inclusion of destinations within the customs territory of
the Union eligible for export refunds.
Article 203
Implementing powers in accordance with the examination
procedure
4. In
order
to
ensure
the
equal
access
of
exporters
of
products listed in Annex I to the Treaties and of products
The Commission shall adopt implementing acts laying down
processed therefrom to export refunds, the Commission shall
the measures necessary for the application of this Chapter, in
be empowered to adopt delegated acts in accordance with
particular on:
Article 227 on the application of Article 199(1) and (2) to
products referred to in point (b) of Article 196(1).
(a) the redistribution of exportable quantities which have not
been allocated or utilised;
5. In
order
to
ensure
that
products
benefiting
from
export
refunds are exported from the customs territory of the Union,
and to avoid their return to that territory and to minimise the
(b) the method for recalculation of the payment of the export
administrative burden for operators in generating and
refund when the product code or destination mentioned in
submitting proof that refund products reached a country of
a licence is not in conformity with the actual product or
destination for differentiated refunds, the Commission shall be
destination;
empowered to adopt delegated acts in accordance with
Article 227 concerning rules on:
(c) products referred to in point (b) of Article 196(1);
(a) the time limit by which the exit from the customs territory
of the Union must be finalised, including the time for
(d) the procedures for, and the amount of, the security to be
temporary re-entry;
lodged;

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(e) the application of measures adopted pursuant to
The measures adopted shall be communicated to the Members
Article 202(4).
States and shall take effect immediately.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
PART IV
COMPETITION RULES
Article 204
CHAPTER I
Other implementing powers
Rules applying to undertakings
The Commission may adopt implementing acts:
Article 206
Commission guidelines on the application of competition
(a) laying down appropriate measures to prevent abuse of the
rules to agriculture
flexibility provided for in Article 199(2), in particular
concerning the procedure for submitting applications;
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 210 of this Regulation, apply to all agreements,
(b) laying down the measures necessary to respect the volume
decisions and practices referred to in Article 101(1) and
commitments referred to in Article 201, including ceasing
Article 102 TFEU which relate to the production of, or trade
or limiting the issue of export licences when such
in, agricultural products.
commitments are or can be exceeded;
(c) fixing coefficients which apply to the export refunds in
In order to ensure the functioning of the internal market and
accordance with the rules adopted pursuant to
the uniform application of Union competition rules, the
Article 202(7).
Commission and the competition authorities of the Member
States shall apply the Union competition rules in close cooper
ation.
Those implementing acts shall be adopted without applying the
procedure referred to in Article 229(2) or (3).
In addition, the Commission shall, where appropriate, publish
guidelines to assist the national competition authorities, as well
CHAPTER VII
as undertakings.
Outward processing
Article 205
Article 207
Suspension of outward processing arrangements
Relevant market
Where the Union market is disturbed or could be disturbed by
outward processing arrangements, the Commission may adopt
The definition of the relevant market is a tool to identify and
implementing acts, on a request from a Member State or on its
define the boundaries of competition between undertakings, and
own initiative, fully or partially suspending the use of outward
shall be founded on two cumulative elements:
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
(a) the relevant product market: for the purposes of this
with the examination procedure referred to in Article 229(2).
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;
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
(b) the relevant geographic market: for the purposes of this
examination procedure referred to in Article 229(2).
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
On duly justified imperative grounds of urgency, the
conditions of competition are sufficiently homogeneous
Commission shall adopt immediately applicable implementing
and which can be distinguished from neighbouring areas,
acts in accordance with the procedure referred to in
particularly because the conditions of competition are
Article 229(3).
appreciably different in those areas.

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Union L
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Article 208
recognised under Article 157 of this Regulation with the object
of carrying out the activities listed in point (c) of Article 157(1)
Dominant position
and, for the milk and milk products sector, in point (c) of
For the purposes of this Chapter, "dominant position" means a
Article 157(3) of this Regulation, and, for the olive oil and
position of economic strength enjoyed by an undertaking which
table olives and tobacco sectors, in Article 162 of this Regu
enables it to prevent effective competition being maintained in
lation.
the relevant market by giving it the power to behave to an
appreciable extent independently of its competitors, customers
and ultimately of consumers.
2. Paragraph
1
shall
apply
provided
that:
(a) the agreements, decisions and concerted practices referred to
Article 209
therein have been notified to the Commission; and
Exceptions for the objectives of the CAP and farmers and
their associations
(b) within two months of receipt of all the details required the
1. Article
101(1)
TFEU
shall
not
apply
to
the
agreements,
Commission has not found that those agreements, decisions
decisions and practices referred to in Article 206 of this Regu
or concerted practices are incompatible with Union rules.
lation necessary for the attainment of the objectives set out in
Article 39 TFEU.
Where the Commission finds that the agreements, decisions or
concerted practices referred to in paragraph 1 are incompatible
with Union rules, it shall set out its finding without applying
Article 101(1) TFEU shall not apply to agreements, decisions
the procedure referred to in Article 229(2) or (3).
and concerted practices of farmers, farmers' associations, or
associations of such associations, or producer organisations
recognised under Article 152 of this Regulation, or associations
3. The
agreements,
decisions
and
concerted
practices
referred
of producer organisations recognised under Article 156 of this
to in paragraph 1 may not be put into effect before the lapse of
Regulation, which concern the production or sale of agricultural
the two-month period referred to in point (b) of the first
products or the use of joint facilities for the storage, treatment
subparagraph of paragraph 2.
or processing of agricultural products, unless the objectives of
Article 39 TFEU are jeopardised.
4. Agreements,
decisions
and
concerted
practices
shall
in
any
case be declared incompatible with Union rules if they:
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.
(a) may lead to the partitioning of markets within the Union in
any form;
2. Agreements,
decisions
and
concerted
practices
which
fulfil (b) may affect the sound operation of the market organisation;
the conditions referred to in paragraph 1 of this Article shall
not be prohibited, no prior decision to that effect being
required.
(c) may create distortions of competition which are not
essential to achieving the objectives of the CAP pursued
by the interbranch organisation activity;
In any national or Union proceedings for the application of
Article 101 TFEU, the burden of proving an infringement of
(d) entail the fixing of prices or the fixing of quotas;
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
(e) may create discrimination or eliminate competition in
bear the burden of proving that the conditions of that
respect of a substantial proportion of the products in
paragraph are fulfilled.
question.
5. If,
following
the
expiry
of
the
two-month
period
referred
Article 210
to in point (b) of the first subparagraph of paragraph 2, the
Agreements and concerted practices of recognised
Commission finds that the conditions for applying paragraph 1
interbranch organisations
have not been met, it shall, without applying the procedure
referred to in Article 229(2) or (3), take a decision declaring
1. Article
101(1)
TFEU
shall
not
apply
to
agreements, that Article 101(1) TFEU applies to the agreement, decision or
decisions and concerted practices of interbranch organisations
concerted practice in question.

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L 347/762
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20.12.2013
That Commission decision shall not apply earlier than the date
Article 214
of its notification to the interbranch organisation concerned,
unless that interbranch organisation has given incorrect
National payments for the sugar sector in Finland
information or abused the exemption provided for in
Finland may make national payments of up to EUR 350 per
paragraph 1.
hectare per marketing year to sugar beet growers.
6. In the case of multiannual agreements, the notification for
the first year shall be valid for the subsequent years of the
Article 215
agreement. However, in that event, the Commission may, on
its own initiative or at the request of another Member State,
National payments for apiculture
issue a finding of incompatibility at any time.
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
7. The
Commission
may
adopt
implementing
acts
laying allocated for production or trade.
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).
Article 216
National payments for distillation of wine in cases of crisis
CHAPTER II
1. Member
States
may
make
national
payments
to
wine
State aid rules
producers for the voluntary or mandatory distillation of wine
in justified cases of crisis.
Article 211
Application of Articles 107 to 109 TFEU
Those payments shall be proportionate and shall allow that
1. Articles 107 to 109 TFEU shall apply to the production
crisis to be addressed.
of, and trade in, agricultural products.
2. By
way
of
derogation
from
paragraph
1,
Articles
107
to The overall amount of payments available in a Member State in
109 TFEU shall not apply to payments made by Member States
any given year for such payments shall not exceed 15 % of the
pursuant to and in conformity with either of the following:
globally available funds per Member State for that year as laid
down in Annex VI.
(a) the measures provided for in this Regulation which are
partly or wholly financed by the Union;
2. Member
States
wishing
to
make
use
of
the
national
payments referred to in paragraph 1 shall submit a duly
(b) Articles 213 to 218 of this Regulation.
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
Article 212
whether the payments may be made.
National payments related to wine support programmes
By way of derogation from Article 44(3), Member States may
3. The
alcohol
resulting
from
distillation
referred
to
in
grant national payments in accordance with the Union rules on
paragraph 1 shall be used exclusively for industrial or energy
State aid for the measures referred to in Articles 45, 49 and 50.
purposes so as to avoid any distortion of competition.
The maximum aid rate as laid down in the relevant Union rules
on State aid shall apply to the global public financing, including
4. The
Commission
may
adopt
implementing
acts
laying
both Union and national funds.
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 213
National payments for reindeer in Finland and Sweden
Subject to an authorisation by the Commission adopted without
Article 217
applying the procedure referred to in Article 229(2) or (3),
National payments for distribution of products to children
national payments for the production and marketing of
reindeer and reindeer products (CN codes ex 0208 and
Member States may, in addition to Union aid provided for in
ex 0210) may be made by Finland and Sweden insofar as
Articles 23 and 26, make national payments for supplying the
they do not entail any increase in traditional levels of
products to children in educational establishments or for the
production.
related costs referred to in Article 23(1).

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Member States may finance those payments by means of a levy
Member State Maximum
area
(ha)
on the sector concerned or by any other contribution from the
private sector.
Romania 1
645
Member States may, in addition to Union aid provided for in
Slovenia 300
Article 23, make national payments for financing accompanying
measures necessary to make the Union scheme for the supply of
Slovakia 3
100
fruit and vegetable, processed fruit and vegetable and banana
products effective, as referred to in Article 23(2).
United Kingdom 100
Article 218
3. Member
States
may
make
the
granting
of
national
National payments for nuts
payments referred to in paragraph 1 conditional on farmers
1. Member
States
may
make
national
payments,
up
to
a being members of a producer organisation recognised under
maximum of EUR 120,75 per hectare per year, to farmers
Article 152.
producing the following products:
(a) almonds falling within CN codes 0802 11 and 0802 12;
PART V
GENERAL PROVISIONS
(b) hazelnuts or filberts falling within CN codes 0802 21 and
0802 22;
CHAPTER I
Exceptional measures
(c) walnuts falling within CN codes 0802 31 00 and
0802 32 00;
S e c t i o n 1
M a r k e t d i s t u r b a n c e
(d) pistachios falling within CN codes 0802 51 00 and
0802 52 00;
Article 219
Measures against market disturbance
(e) locust beans falling within CN code 1212 92 00.
1. In order to react efficiently and effectively against threats
2. The
national
payments
referred
to
in
paragraph
1
may
be of market disturbance caused by significant price rises or falls
paid only for a maximum area of:
on internal or external markets or other events and circum

stances significantly disturbing or threatening to disturb the
market, where that situation, or its effects on the market, is
likely to continue or deteriorate, the Commission shall be
Member State Maximum
area
(ha)
empowered to adopt delegated acts in accordance with
Belgium 100
Article 227 to take the measures necessary to address that
market situation, while respecting any obligations resulting
Bulgaria 11
984
from international agreements concluded in accordance with
the TFEU and provided that any other measures available
Germany 1
500
under this Regulation appear to be insufficient.
Greece 41
100
Where, in the cases of threats of market disturbances referred to
Spain 568
200
in the first subparagraph of this paragraph, imperative grounds
of urgency so require, the procedure provided for in Article 228
France 17
300
shall apply to delegated acts adopted pursuant to the first
subparagraph of this paragraph.
Italy 130
100
Cyprus 5
100
Those imperative grounds of urgency may include the need to
take immediate action to address or prevent market disturbance,
Luxembourg 100
where threats of market disturbance occur so swiftly or
unexpectedly that immediate action is necessary to efficiently
Hungary 2
900
and effectively address the situation, or where action would
prevent such threats of market disturbance from materialising,
Netherlands 100
continuing or turning into a more severe or prolonged
disturbance, or where delaying immediate action would
Poland 4
200
threaten to cause or aggravate the disturbance or would
increase the extent of the measures which would later be
Portugal 41
300
necessary to address the threat or disturbance or would be
detrimental to production or market conditions.

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20.12.2013
Such measures may to the extent and for the time necessary to
(d) sheepmeat and goatmeat;
address the market disturbance or threat thereof extend or
modify the scope, duration or other aspects of other measures
provided for under this Regulation, or provide for export
(e) eggs;
refunds, or suspend import duties in whole or in part
including for certain quantities or periods as necessary.
(f) poultrymeat.
2. The
measures
referred
to
in
paragraph
1
shall
not
apply
to
products listed in Section 2 of Part XXIV of Annex I.
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 agri
However, the Commission may, by means of delegated acts
cultural products except those listed in Section 2 of Part XXIV
adopted in accordance with the urgency procedure referred to
of Annex I.
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.
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
3. The
Commission
may
adopt
implementing
acts
laying subparagraphs of this paragraph.
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).
3. The
measures
provided
for
in
paragraph
1
shall
be
taken
at the request of the Member State concerned.
S e c t i o n 2
4. The
measures
provided
for
in
point
(a)
of
the
first
M a r k e t s u p p o r t m e a s u r e s r e l a t e d t o a n i m a l
subparagraph of paragraph 1 may be taken only if the
d i s e a s e s a n d l o s s o f c o n s u m e r c o n f i d e n c e
Member State concerned has taken health and veterinary
d u e t o p u b l i c , a n i m a l o r p l a n t h e a l t h r i s k s
measures quickly to stamp out the disease, and only to the
extent and for the duration strictly necessary to support the
Article 220
market concerned.
Measures concerning animal diseases and loss of consumer
confidence due to public, animal or plant health risks
5. The
Union
shall
provide
part-financing
equivalent
to
50
%
1. The
Commission
may
adopt
implementing
acts
taking of the expenditure borne by Member States for the measures
exceptional support measures for the affected market in order
provided for in paragraph 1.
to take account of:
However, with regard to the beef and veal, milk and milk
(a) restrictions on intra-Union and third-country trade which
products, pigmeat and sheepmeat and goatmeat sectors, the
may result from the application of measures for
Union shall provide part-financing equivalent to 60 % of such
combating the spread of diseases in animals; and
expenditure when combating foot-and-mouth disease.
(b) serious market disturbances directly attributed to a loss in
6. Member States shall ensure that, where producers
consumer confidence due to public, animal or plant health
contribute to the expenditure borne by Member States, this
and disease risks.
does not result in a distortion of competition between
producers in different Member States.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 229(2).
S e c t i o n 3
S p e c i f i c p r o b l e m s
2. The
measures
provided
for
in
paragraph
1
shall
apply
to
any of the following sectors:
Article 221
Measures to resolve specific problems
(a) beef and veal;
1. The
Commission
shall
adopt
implementing
acts
taking
necessary and justifiable emergency measures to resolve
specific problems. Those measures may derogate from the
(b) milk and milk products;
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
(c) pigmeat;
examination procedure referred to in Article 229(2).

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2. To
resolve
specific
problems,
and
on
duly
justified (f) joint purchasing of inputs necessary to combat the spread
imperative grounds of urgency, relating to situations likely to
of pests and diseases in animals and plants in the Union or
cause a rapid deterioration of production and market conditions
of inputs necessary to address the effects of natural disasters
which could be difficult to address if the adoption of measures
in the Union;
were delayed, the Commission shall adopt immediately
applicable implementing acts in accordance with the
procedure referred to in Article 229(3).
(g) temporary planning of production taking into account the
specific nature of the production cycle.
3. The
Commission
shall
adopt
measures
under
paragraph
1
or 2 only if it is not possible to adopt the required emergency
The Commission shall specify in implementing acts the
measures in accordance with Article 219 or 220.
substantive and geographic scope of this derogation and,
subject to paragraph 3, the period for which the derogation
applies.
4. Measures adopted under paragraph 1 or 2 shall remain in
force for a period not exceeding twelve months. If after this
Those implementing acts shall be adopted in accordance with
period the specific problems that led to the adoption of those
the examination procedure referred to in Article 229(2).
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 legis
lative proposals.
2. Paragraph
1
shall
apply
only
if
the
Commission
has
already adopted one of the measures referred to in this
Chapter, if products have been bought in under public inter
vention or if aid for private storage referred to in Chapter I of
5. The
Commission
shall
inform
the
European
Parliament Title I of Part II has been granted.
and the Council of any measure adopted under paragraph 1
or 2 within two working days of its adoption.
3. The
agreements
and
decisions
referred
to
in
paragraph
1
shall only be valid for a period of up to six months.
S e c t i o n 4
A g r e e m e n t s a n d d e c i s i o n s d u r i n g p e r i o d s
However, the Commission may adopt implementing acts auth
o f s e v e r e i m b a l a n c e i n m a r k e t s
orising such agreements and decisions for a further period of up
to six-months. Those implementing acts shall be adopted in
Article 222
accordance with the examination procedure referred to in
Article 229(2).
Application of Article 101(1) TFEU
1. During
periods
of
severe
imbalance
in
markets,
the
Commission may adopt implementing acts to the effect that
CHAPTER II
Article 101(1) TFEU is not to apply to agreements and
Communications and reporting
decisions of recognised producer organisations, their associ
ations and recognised interbranch organisations in any of the
sectors referred to in Article 1(2) of this Regulation, provided
Article 223
that such agreements and decisions do not undermine the
Communication requirements
proper functioning of the internal market, strictly aim to
stabilise the sector concerned and fall under one or more of
1. For
the
purposes
of
applying
this
Regulation,
monitoring,
the following categories:
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
(a) market withdrawal or free distribution of their products;
laid down in international agreements concluded in accordance
with the TFEU, including notification requirements under those
agreements, the Commission may, in accordance with the
(b) transformation and processing;
procedure referred to in paragraph 2, adopt the necessary
measures regarding communications to be made by under
takings, Member States and third countries. In so doing, it
shall take into account the data needs and synergies between
(c) storage by private operators;
potential data sources.
(d) joint promotion measures;
The information obtained may be transmitted or made available
to international organisations, 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
(e) agreements on quality requirements;
protection of their business secrets, including prices.

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2. In
order
to
ensure
the
integrity
of
information
systems for which they are further processed, taking into account the
and the authenticity and legibility of documents and associated
minimum retention periods laid down in the applicable national
data transmitted, the Commission shall be empowered to adopt
and Union law.
delegated acts in accordance with Article 227 laying down:
4. Member
States
shall
inform
the
data
subjects
that
their
(a) the nature and type of information to be notified;
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
(b) the categories of data to be processed, the maximum
Regulation (EC) No 45/2001.
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;
Article 225
Reporting obligation of the Commission
(c) the access rights to the information or information systems
made available;
The Commission shall present a report to the European
Parliament and to the Council:
(d) the conditions of publication of the information.
(a) every three years and for the first time by21 December
2016 the implementation of the measures concerning the
3. The
Commission
shall
adopt
implementing
acts
laying
apiculture sector as set out in Articles 55, 56 and 57,
down the measures necessary for the application of this
including on the latest developments on beehive identifi
Article, including:
cation systems;
(a) the methods of notification;
(b) by 30 June 2014 and also by 31 December 2018, on the
development of the market situation in the milk and milk
products sector, and in particular on the operation of
(b) rules on the information to be notified;
Articles 148 to 151, Article 152(3) and Article 157(3),
assessing in particular the effects on milk producers and
(c) arrangements for the management of the information to be
milk production in disadvantaged regions in connection
notified, as well as on the content, form, timing, frequency
with the general objective of maintaining production in
and deadlines of the notifications;
such regions, and covering potential incentives to
encourage farmers to enter into joint production agree
ments, together with any appropriate proposals;
(d) the arrangements for transmitting or making information
and documents available to the Member States, international
organisations, the competent authorities in third countries,
(c) by 31 December 2014, on the possibility of extending the
or the public, subject to the protection of personal data and
scope of the school schemes to include olive oil and table
the legitimate interest of undertakings in the protection of
olives;
their business secrets.
(d) by 31 December 2017, on the application of the
Those implementing acts shall be adopted in accordance with
competition rules to the agricultural sector in all Member
the examination procedure referred to in Article 229(2).
States, in particular on the operation of Articles 209 and
210, and of Articles 169, 170 and 171 in the sectors
concerned.
Article 224
Processing and protection of personal data
CHAPTER III
1. The
Member
States
and
the
Commission
shall
collect
Reserve for crises in the agricultural sector
personal data for the purposes set out in Article 223(1) and
shall not process those data in a way incompatible with those
Article 226
purposes.
Use of the Reserve
2. Where
personal
data
are
processed
for
monitoring
and
Funds transferred from the Reserve for crises in the agricultural
evaluation purposes as referred to in Article 223(1), they shall
sector under the conditions and procedure referred to in
be made anonymous and shall be processed in aggregated form
Article 25 of Regulation (EU) No 1306/2013 and paragraph
only.
22 of the Interinstitutional Agreement between the European
Parliament, the Council and the Commission on budgetary
discipline, cooperation in budgetary matters and on sound
3. Personal
data
shall
be
processed
in
accordance
with financial management shall be made available for the
Directive 95/46/EC and Regulation (EC) No 45/2001. In
measures to which this Regulation applies for the year or
particular, such data shall not be stored in a form which
years for which the additional support is required and which
permits identification of data subjects for longer than is
are implemented in circumstances that go beyond normal
necessary for the purposes for which they were collected or
market developments.

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In particular, funds shall be transferred for any expenditure
expressed in accordance with paragraph 2. The notification of a
under:
delegated act adopted under this Article to the European
Parliament and to the Council shall state the reasons for the
(a) Articles 8 to 21;
use of the urgency procedure.
(b) Articles 196 to 204; and
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
(c) Articles 219, 220 and 221 of this Regulation.
Commission shall repeal the act without delay following the
notification of the decision to object by the European
PART VI
Parliament or by the Council.
DELEGATIONS OF POWER, IMPLEMENTING
Article 229
PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS
Committee procedure
CHAPTER I
1. The
Commission
shall
be
assisted
by
a
committee
called
Delegations of power and implementing provisions
the Committee for the Common Organisation of the Agri
cultural Markets. That Committee shall be a committee within
Article 227
the meaning of Regulation (EU) No 182/2011.
Exercise of the delegation
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
1. The
power
to
adopt
the
delegated
acts
is
conferred
on
the Regulation (EU) No 182/2011 shall apply.
Commission subject to the conditions laid down in this Article.
In the case of acts referred to in Article 80(5), points (c) and (d)
2. The power to adopt delegated acts referred to in this
of Article 91, Article 97(4), Article 99, Article 106 and
Regulation shall be conferred on the Commission for a period
Article 107(3), where the committee delivers no opinion, the
of seven years from 20 December 2013. The Commission shall
Commission shall not adopt the draft implementing act and the
draw up a report in respect of the delegation of power not later
third subparagraph of Article 5(4) of Regulation (EU)
than nine months before the end of the seven-year period. The
No 182/2011 shall apply.
delegation of power shall be tacitly extended for periods of an
identical duration, unless the European Parliament or the
3. Where
reference
is
made
to
this
paragraph,
Article
8
of
Council opposes such extension not later than three months
Regulation (EU) No 182/2011, in conjunction with Article 5
before the end of each period.
thereof, shall apply.
3. The
delegation
of
power
referred
to
in
this
Regulation
CHAPTER II
may be revoked at any time by the European Parliament or
by the Council. A decision to revoke shall put an end to the
Transitional and final provisions
delegation of the power specified in that decision. It shall take
effect the day following the publication of the decision in the
Article 230
Official Journal of the European Union or at a later date specified
therein. It shall not affect the validity of any delegated acts
Repeals
already in force.
1. Regulation
(EC)
No
1234/2007
is
repealed.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall However, the following provisions of Regulation (EC)
notify it simultaneously to the European Parliament and to the
No 1234/2007 shall continue to apply:
Council.
(a) as regards the system of milk production limitation: Section
5. A
delegated
act
adopted
pursuant
to
this
Regulation
shall
III of Chapter III of Title I of Part II, Article 55, Article 85
enter into force only if no objection has been expressed either
and Annexes IX and X, until 31 March 2015;
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
(b) as regards the wine sector:
period, the European Parliament and the Council have both
informed the Commission that they will not object. That
(i) Articles 85a to 85e as regards areas referred to in
period shall be extended by two months at the initiative of
Article 85a(2) which have not yet been grubbed up
the European Parliament or of the Council.
and as regards areas referred to in Article 85b(1)
which have not been regularised, until such areas are
Article 228
grubbed up or regularised, and Article 188a(1) and (2);
Urgency procedure
(ii) the transitional planting right regime set out in
1. Delegated
acts
adopted
under
this
Article
shall
enter
into
Subsection II of Section IVa of Chapter III of Title I
force without delay and shall apply as long as no objection is
of Part II until 31 December 2015;

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L 347/768
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Official Journal of the European Union
20.12.2013
(iii) Article 118m(5) until clearance of the stocks of wines
Article 231
with the denomination "Mlado vino portugizac"
existing on 1 July 2013;
Transitional rules
1. In
order
to
ensure
the
smooth
transition
from
the
(iv) Article 118s(5) until 30 June 2017;
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
(c) Article 113a(4), Articles 114, 115 and 116, Article 117(1)
Article 227 concerning measures necessary to protect the
to (4) and point (e)(iv) of Article 121, as well as points I(2)
acquired rights and legitimate expectations of undertakings.
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
2. All
multiannual
programmes
adopted
before
1
January
the date of application of the corresponding marketing rules
2014 shall continue to be governed by the concerned
to be established pursuant to the delegated acts provided for
provisions of Regulation (EC) No 1234/2007 following the
in Article 75(2), Article 76(4), Article 78(3) and (4),
entry into force of this Regulation until those programmes
Article 79(1), Article 80(4), Article 83(4), Article 86,
come to an end.
Article 87(2), Article 88(3) and Article 89 of this Regu
lation;
Article 232
(d) Article 133a(1) and Article 140a until 30 September 2014;
Entry into force and application
1. This
Regulation
shall
enter
into
force
on
the
day
of
its
(e) the first and second subparagraphs of Article 182(3) until
publication in the Official Journal of the European Union.
the end of the 2013/2014 marketing year for sugar on
30 September 2014;
It shall apply from 1 January 2014.
(f) Article 182(4) until 31 December 2017;
However:
(g) Article 182(7) until 31 March 2014;
(h) Point 3(b) of Part III of Annex XV until 31 December 2015;
(a) Article 181 shall apply from 1 October 2014;
(i) Annex XX until date of entry into force of legislative act
(b) point II(3) of Part VII of Annex VII shall apply from
replacing Regulation (EC) No 1216/2009 and Council Regu
1 January 2016;
lation (EC) No 614/2009 ( 1 ).
2. References
to
Regulation
(EC)
No
1234/2007
shall
be
2. Articles 148 to 151, Article 152(3), Article 156(2),
construed as references to this Regulation and to Regulation
Article 157(3), Articles 161 and 163, Article 173(2) and
(EU) No 1306/2013 and be read in accordance with the
Article 174(2) shall apply until 30 June 2020.
correlation table set out in Annex XIV to this Regulation.
3. Articles 127 to 144 and Articles 192 and 193 shall apply
3. Council Regulations (EEC) No 922/72, (EEC) No 234/79,
until the end of the 2016/2017 marketing year for sugar on
(EC) No 1601/96 and (EC) No 1037/2001 are repealed.
30 September 2017.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. JUKNA
( 1 ) Council Regulation (EC) No 614/2009 of 7 July 2009 on the
common system of trade for ovalbumin and lactalbumin
(OJ L 181, 14.7.2009, p. 8).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/769
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) 0709
99
60 Sweetcorn,
fresh
or
chilled
0712 90 19
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,
Grain sorghum, other than hybrids for sowing
1007 90 00
1008 Buckwheat,
millet
and
canary
seed;
other
cereals
(b) 1001
11
00,
Durum wheat
1001 19 00
(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) 0714 Manioc,
arrowroot,
salep,
Jerusalem
artichokes,
sweet
potatoes
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; sago pith
ex 1102 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 1103
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 1104 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

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L 347/770
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Official Journal of the European Union
20.12.2013
CN code Description
ex 1108 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 2302 Bran,
sharps
and
other
residues,
whether
or
not
in
the
form
of
pellets,
derived
from
the
sifting, milling or other working of cereals
ex 2303 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 2306
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

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/771
CN code Description
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
– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of
2309 10 13
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products
2309 10 31
2309 10 33
2309 10 51
2309 10 53
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
– – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of
2309 90 33
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products:
2309 90 41
2309 90 43
2309 90 51
2309 90 53
( 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 Rice in the husk (paddy or rough), other than for sowing
1006 10 98
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

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L 347/772
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Official Journal of the European Union
20.12.2013
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
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 95
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
Isoglucose
1702 40 10
1702 60 10
1702 90 30
(e) 1702
60
80
Inulin syrup
1702 90 80
(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

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/773
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

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L 347/774
EN
Official Journal of the European Union
20.12.2013
CN code Description
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 1207 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

---

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/775
CN code Description
(c) 1522
00
31
Residues resulting from the treatment of fatty substances or animal or vegetable waxes
1522 00 39
containing oil having the characteristics of olive oil
2306 90 11
Oil-cake and other solid residues resulting from the extractions of olive oil
2306 90 19
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 Carrots,
turnips,
salad
beetroot,
salsify,
celeriac,
radishes
and
similar
edible
roots,
fresh
or
chilled
0707 00 Cucumbers
and
gherkins,
fresh
or
chilled
0708
Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709 Other
vegetables,
fresh
or
chilled,
excluding
vegetables
of
subheadings
0709
60
91,
0709 60 95, 0709 60 99, 0709 92 10, 0709 92 90 and 0709 99 60
ex 0802
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

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L 347/776
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Official Journal of the European Union
20.12.2013
CN code Description
0809 Apricots,
cherries,
peaches
(including
nectarines),
plums
and
sloes,
fresh
0810 Other
fruit,
fresh
0813 50 31
Mixtures exclusively of nuts of headings 0801 and 0802
0813 50 39
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)
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 0710
Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn
of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum
or of the genus Pimenta of subheading 0710 80 59
ex 0711
Vegetables 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, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of
the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30
ex 0712 Dried
vegetables,
whole,
cut,
sliced,
broken
or
in
powder,
but
not
further
prepared,
excluding
potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within
subheading ex 0712 90 05, sweetcorn falling within the subheadings 0712 90 11 and
0712 90 19 and olives falling within subheading ex 0712 90 90
0804 20 90 Dried
figs
0806 20 Dried
grapes
ex 0811
Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing
added sugar or other sweetening matter, excluding frozen bananas falling within subheading
ex 0811 90 95
ex 0812
Fruit and nuts, 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, excluding bananas provisionally preserved falling within subheading
ex 0812 90 98
ex 0813
Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this
chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within
subheadings 0813 50 31 and 0813 50 39
0814 00 00
Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally
preserved in brine, in sulphur water or in other preservative solutions
0904 21 10 Dried
sweet
peppers
(Capsicum annuum), neither crushed nor ground
(b) ex 0811
Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added
sugar or other sweetening matter
ex 1302 20 Pectic
substances
and
pectinates

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/777
CN code Description
ex 2001 Vegetables,
fruit,
nuts
and
other
edible
parts
of
plants,
prepared
or
preserved
by
vinegar
or
acetic acid, excluding:
— fruit of the genus Capsicum other than sweet peppers or pimentos of subheading
2001 90 20
— sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30
— yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight
of starch of subheading 2001 90 40
— palm hearts of subheading ex 2001 90 92
— olives of subheading 2001 90 65
— vine leaves, hop shoots and other similar edible parts of plants falling within subheading
ex 2001 90 97
2002
Tomatoes prepared or preserved otherwise than by vinegar or acetic acid
2003
Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid
ex 2004
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other
than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of
subheading 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or
preserved in the form of flour, meal or flakes of subheading 2004 10 91
ex 2005
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen,
other than products of heading 2006 excluding olives of subheading 2005 70 00, sweetcorn
(Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other
than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or
preserved in the form of flour, meal or flakes of subheading 2005 20 10
ex 2006 00 Vegetables,
fruit,
nuts,
fruit-peel
and
other
parts
of
plants,
preserved
by
sugar
(drained,
glacé
or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38
and ex 2006 00 99
ex 2007
Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, obtained by cooking,
whether or not containing added sugar or other sweetening matter, excluding:
— homogenised preparations of bananas of subheading ex 2007 10
— jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39,
ex 2007 99 50 and ex 2007 99 97
ex 2008 Fruit,
nuts
and
other
edible
parts
of
plants,
otherwise
prepared
or
preserved,
whether
or
not
containing added sugar or other sweetening matter or spirit, not elsewhere specified or
included, excluding:
— peanut butter of subheading 2008 11 10
— palm hearts of subheading 2008 91 00
— maize of subheading 2008 99 85
— yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight
of starch of subheading 2008 99 91
— vine leaves, hop shoots and other similar edible parts of plants falling within subheading
ex 2008 99 99
— mixtures of banana otherwise prepared or preserved of subheadings ex 2008 97 59,
ex 2008 97 78, ex 2008 97 93 and ex 2008 97 98
— bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67
and ex 2008 99 99
ex 2009
Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and
banana juice of subheading ex 2009 89 35, 2009 89 38, 2009 89 79, 2009 89 86,
2009 89 89 and 2009 89 99) and vegetable juices, unfermented and not containing added
spirit, whether or not containing added sugar or other sweetening matter

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L 347/778
EN
Official Journal of the European Union
20.12.2013
PART XI
Bananas
The bananas sector shall cover the products listed in the following table:
CN code Description
0803 90 10 Fresh
bananas,
excluding
plantains
0803 90 90 Dried
bananas,
excluding
plantains
ex 0812 90 98 Bananas
provisionally
preserved
ex 0813 50 99 Mixtures
containing
dried
bananas
1106 30 10 Flour,
meal
and
powder
of
bananas
ex 2006 00 99 Bananas
preserved
by
sugar
ex 2007 10 99 Homogenised
preparations
of
bananas
ex 2007 99 39
Jams, jellies, marmalades, purées and pastes of bananas
ex 2007 99 50
ex 2007 99 97
ex 2008 97 59
Mixtures containing bananas otherwise prepared or preserved, not containing added spirit
ex 2008 97 78
ex 2008 97 93
ex 2008 97 96
ex 2008 97 98
ex 2008 99 49
Bananas otherwise prepared or preserved
ex 2008 99 67
ex 2008 99 99
ex 2009 89 35
Banana juice
ex 2009 89 38
ex 2009 89 79
ex 2009 89 86
ex 2009 89 89
ex 2009 89 99
PART XII
Wine
The wine sector shall cover the products listed in the following table:
CN code Description
(a) 2009
61
Grape juice (including grape must)
2009 69
2204 30 92
Other grape musts, other than those in fermentation or with fermentation arrested otherwise
2204 30 94
than by the addition of alcohol
2204 30 96
2204 30 98
(b) ex 2204
Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009,
excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and
2204 30 98
(c) 0806
10
90 Fresh
grapes
other
than
table
grapes
2209 00 11
Wine vinegar
2209 00 19

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/779
CN code Description
(d) 2206
00
10 Piquette
2307 00 11
Wine lees
2307 00 19
2308 00 11
Grape marc
2308 00 19
PART XIII
Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage
The live plants sector shall cover all the products falling within Chapter 6 of the Combined Nomenclature.
PART XIV
Tobacco
The tobacco sector shall cover raw or non-manufactured tobacco and tobacco refuse falling within CN code 2401.
PART XV
Beef and veal
The beef and veal sector shall cover the products listed in the following table:
CN code Description
(a) 0102
29
05
to Live animals of the domestic bovine species, other than pure-bred breeding animals
0102 29 99,
0102 39 10 and
0102 90 91
0201 Meat
of
bovine
animals,
fresh
or
chilled
0202 Meat
of
bovine
animals,
frozen
0206 10 95 Thick
skirt
and
thin
skirt,
fresh
or
chilled
0206 29 91 Thick
skirt
and
thin
skirt,
frozen
0210 20 Meat
of
bovine
animals,
salted,
in
brine,
dried
or
smoked
0210 99 51
Thick skirt and thin skirt, salted, in brine, dried or smoked
0210 99 90 Edible
flours
and
meals
of
meat
or
meat
offal
1602 50 10
Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of
cooked meat or offal and uncooked meat or offal
1602 90 61
Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of
cooked meat or offal and uncooked meat or offal
(b) 0102
21,
Live bovine pure-bred breeding animals
0102 31 00 and
0102 90 20
0206 10 98 Edible
offal
of
bovine
animals
excluding
thick
skirt
and
thin
skirt,
fresh
or
chilled,
other
than
for the manufacture of pharmaceutical products
0206 21 00
Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the
0206 22 00
manufacture of pharmaceutical products
0206 29 99
0210 99 59
Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt
and thin skirt

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L 347/780
EN
Official Journal of the European Union
20.12.2013
CN code Description
ex 1502 10 90 Fats
of
bovine
animals
other
than
those
of
heading
1503
1602 50 31 and
Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked
1602 50 95
meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal
1602 90 69
Other prepared or preserved meat containing bovine meat or offal other than uncooked, and
mixtures of cooked meat or offal and uncooked meat or offal.
PART XVI
Milk and milk products
The milk and milk products sector shall cover the products listed in the following table:
CN code Description
(a) 0401 Milk
and
cream,
not
concentrated
nor
containing
added
sugar
or
other
sweetening
matter
(b) 0402
Milk and cream, concentrated or containing added sugar or other sweetening matter
(c) 0403
10
11
to Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and
0403 10 39
cream, whether or not concentrated or containing added sugar or other sweetening matter
not flavoured nor containing added fruit, nuts or cocoa
0403 9011 to
0403 90 69
(d) 0404
Whey, whether or not concentrated or containing added sugar or other sweetening matter;
products consisting of natural milk constituents, whether or not containing added sugar or
other sweetening matter, not elsewhere specified or included
(e) ex 0405
Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than
75 % but less than 80 %
(f) 0406 Cheese
and
curd
(g) 1702
19
00
Lactose and lactose syrup not containing added flavouring or colouring matter, containing by
weight less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter
(h) 2106
90
51 Flavoured
or
coloured
lactose
syrup
(i) ex 2309 Preparations
of
a
kind
used
in
animal
feeding:
ex 2309 10
– Dog or cat food, put up for retail sale:
2309 10 15
– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of
2309 10 19
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products
2309 10 39
2309 10 59
2309 10 70
ex 2309 90
– Other:
2309 90 35 –
– Other, including premixes:
2309 90 39
– – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of
2309 90 49
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or
milk products
2309 90 59
2309 90 70

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/781
PART XVII
Pigmeat
The pigmeat sector shall cover the products listed in the following table:
CN code Description
(a) ex 0103 Live
swine,
of
domestic
species,
other
than
pure-bred
breeding
animals
(b) ex 0203 Meat
of
domestic
swine,
fresh,
chilled,
or
frozen
ex 0206
Edible offal of domestic swine, other than for the manufacture of pharmaceutical products,
fresh, chilled or frozen
0209 10 Pig
fat,
free
of
lean
meat,
not
rendered
or
otherwise
extracted,
fresh,
chilled,
frozen,
salted,
in
brine, dried or smoked
ex 0210 Meat
and
edible
meat
offal
of
domestic
swine,
salted,
in
brine,
dried
or
smoked
1501 10
Pig fat (including lard)
1501 20
(c) 1601
00
Sausages and similar products, of meat, meat offal or blood; food preparations based on these
products
1602 10 00 Homogenised
preparations
of
meat,
meat
offal
or
blood
1602 20 90
Preparations or preserves of liver of any animal, other than goose or duck
1602 41 10
Other preparations and preserves containing meat or offal of domestic swine
1602 42 10
1602 49 11 to
1602 49 50
1602 90 10
Preparations of blood of any animal
1602 90 51
Other preparations or preserves containing meat or meat offal of domestic swine
1902 20 30 Stuffed
pasta,
whether
or
not
cooked
or
otherwise
prepared,
containing
more
than
20
%
by
weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind
or origin
PART XVIII
Sheepmeat and goatmeat
The sheepmeat and goatmeat sector shall cover the products listed in the following table:
CN code Description
(a) 0104
10
30 Lambs
(up
to
one
year
old)
0104 10 80 Live
sheep
other
than
pure-bred
breeding
animals
and
lambs
0104 20 90 Live
goats
other
than
pure-bred
breeding
animals
0204
Meat of sheep or goats, fresh, chilled or frozen
0210 99 21 Meat
of
sheep
and
goats,
with
bone
in,
salted,
in
brine,
dried
or
smoked
0210 99 29 Meat
of
sheep
and
goats,
boneless,
salted,
in
brine,
dried
or
smoked
(b) 0104
10
10 Live
sheep
—
pure-bred
breeding
animals
0104 20 10 Live
goats
—
pure-bred
breeding
animals
0206 80 99
Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of phar
maceutical products

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L 347/782
EN
Official Journal of the European Union
20.12.2013
CN code Description
0206 90 99
Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical
products
0210 99 85 Edible
offal
of
sheep
and
goats,
salted,
in
brine,
dried
or
smoked
ex 1502 90 90 Fats
of
sheep
or
goats,
other
than
those
of
heading
1503
(c) 1602
90
91
Other prepared or preserved meat or meat offal of sheep or goats;
1602 90 95
PART XIX
Eggs
The eggs sector shall cover the products listed in the following table:
CN code Description
(a) 0407
11
00
Poultry eggs, in shell, fresh, preserved or cooked
0407 19 11
0407 19 19
0407 21 00
0407 29 10
0407 90 10
(b) 0408
11
80
Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in
0408 19 81
water, moulded, frozen or otherwise preserved, whether or not containing added sugar or
other sweetening matter, other than unfit for human consumption
0408 19 89
0408 91 80
0408 99 80
PART XX
Poultrymeat
The poultrymeat sector shall cover the products listed in the following table:
CN code Description
(a) 0105 Live
poultry,
that
is
to
say,
fowls
of
the
species Gallus domesticus, ducks, geese, turkeys and
guinea fowls
(b) ex 0207
Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers
falling within point (c)
(c) 0207
13
91
Poultry liver, fresh, chilled or frozen
0207 14 91
0207 26 91
0207 27 91
0207 43 00
0207 44 91
0207 45 93
0207 45 95
0210 99 71
Poultry livers, salted, in brine, dried or smoked
0210 99 79
(d) 0209
90
00 Poultry
fat,
not
rendered
or
otherwise
extracted,
fresh,
chilled,
frozen,
salted,
in
brine,
dried
or
smoked
(e) 1501
90
00 Poultry
fat

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/783
CN code Description
(f) 1602
20
10
Goose or duck livers, otherwise prepared or preserved
1602 31
Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved
1602 32
1602 39
PART XXI
Ethyl alcohol of agricultural origin
1. The ethyl alcohol sector shall cover the products listed in the following table:
CN code Description
ex 2207 10 00
Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher
obtained from the agricultural products listed in Annex I to the Treaties
ex 2207 20 00 Ethyl
alcohol
and
other
spirits,
denatured,
of
any
strength,
obtained
from
the
agricultural
products listed in Annex I to the Treaties
ex 2208 90 91
Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol. obtained
and
from the agricultural products listed in Annex I to the Treaties
ex 2208 90 99
2. The ethyl alcohol sector shall also cover products based on ethyl alcohol of agricultural origin falling within CN code
2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in
point 1.
PART XXII
Apiculture products
The apiculture sector shall cover the products listed in the following table:
CN code Description
0409 00 00 Natural
honey
ex 0410 00 00 Royal
jelly
and
propolis,
edible
ex 0511 99 85 Royal
jelly
and
propolis,
non-edible
ex 1212 99 95 Pollen
ex 1521 90 Beeswax
PART XXIII
Silkworms
The silkworm sector shall cover silkworms falling within CN code ex 0106 90 00 and silkworm eggs falling within CN
code ex 0511 99 85.
PART XXIV
Other products
"Other products" means all agricultural products other than those listed in Parts I to XXIII, including those listed in the
following Sections 1 and 2 of this Part.

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L 347/784
EN
Official Journal of the European Union
20.12.2013
Section 1
CN code Description
ex 0101 Live
horses,
asses,
mules
and
hinnies:
– Horses
0101 21 00 –
– Pure-bred breeding animals ( a ):
0101 29 –
– Other:
0101 29 90 –
–
– Other than for slaughter
0101 30 00 –
– Asses
0101 90 00 Other
ex 0102 Live
bovine
animals:
– – Other than pure-bred breeding animals:
– – – Other than domestic species
0102 39 90,
0102 90 99
ex 0103 Live
swine:
0103 10 00
– Pure-bred breeding animals ( b )
– Other:
ex 0103 91 –
– Weighing less than 50 kg:
0103 91 90 –
–
– Other than domestic species
ex 0103 92 –
– Weighing 50 kg or more
0103 92 90 –
– Other than domestic species
0106 Other
live
animals
ex 0203 Meat
of
swine,
fresh,
chilled
or
frozen:
– Fresh or chilled:
ex 0203 11 –
– Carcasses and half-carcasses:
0203 11 90 –
–
– Other than of domestic swine
ex 0203 12 –
– Hams, shoulders and cuts thereof, with bone in:
0203 12 90 –
–
– Other than of domestic swine
ex 0203 19 –
– Other:
0203 19 90 –
–
– Other than of domestic swine
– Frozen:
ex 0203 21 –
– Carcasses and half-carcasses:
0203 21 90 –
–
– Other than of domestic swine
ex 0203 22 –
– Hams, shoulders and cuts thereof, with bone in:
0203 22 90 –
–
– Other than of domestic swine
ex 0203 29 –
– Other:
0203 29 90 –
–
– Other than of domestic swine
ex 0205 00
Meat of asses, mules or hinnies, fresh, chilled or frozen

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/785
CN code Description
ex 0206 Edible
offal
of
bovine
animals,
swine,
sheep,
goats,
horses,
asses,
mules
or
hinnies,
fresh,
chilled or frozen:
ex 0206 10
– Of bovine animals, fresh or chilled:
0206 10 10 –
– For the manufacture of pharmaceutical products ( c )
– Of bovine animals, frozen:
ex 0206 22 00 –
– Livers:
– – – For the manufacture of pharmaceutical products ( c )
ex 0206 29 –
– Other:
0206 29 10 –
–
– For the manufacture of pharmaceutical products ( c )
ex 0206 30 00
– Of swine, fresh or chilled:
– – For the manufacture of pharmaceutical products ( c )
– – Other:
– – – other than of domestic swine
– Of swine, frozen:
ex 0206 41 00 –
– Livers:
– – – For the manufacture of pharmaceutical products ( c )
– – – Other:
– – – – other than of domestic swine
ex 0206 49 00 –
– Other:
– – – Of domestic swine:
– – – – For the manufacture of pharmaceutical products ( c )
– – – Other
ex 0206 80
– Other, fresh or chilled:
0206 80 10 –
– For the manufacture of pharmaceutical products ( c )
– – Other:
0206 80 91 –
–
– Of horses, asses, mules and hinnies
ex 0206 90
– Other, frozen:
0206 90 10 –
– For the manufacture of pharmaceutical products ( c )
– – Other:
0206 90 91 –
–
– Of horses, asses, mules and hinnies
0208
Other meat and edible meat offal, fresh, chilled or frozen
ex 0210
Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat
or meat offal:
– Meat of swine:
ex 0210 11 –
– Hams, shoulders and cuts thereof, with bone in:
0210 11 90 –
–
– Other than of domestic swine
ex 0210 12 –
– Bellies (streaky) and cuts thereof:
0210 12 90 –
–
– Other than of domestic swine

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L 347/786
EN
Official Journal of the European Union
20.12.2013
CN code Description
ex 0210 19 –
– Other:
0210 19 90 –
–
– Other than of domestic swine
– Other, including edible flours and meals of meat or meat offal:
0210 91 00 –
– Of primates
0210 92 –
– Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and
dugongs (mammals of the order Sirenia); of seals, sea lions and walruses (mammals of
the suborder Pinnipedia)
0210 93 00 –
– Of reptiles (including snakes and turtles)
ex 0210 99 –
– Other:
– – – Meat:
0210 99 31
– – – – Of reindeer
0210 99 39
– – – – Other
– – – Offal:
– – – – Other than of domestic swine, bovine animals, sheep and goats
0210 99 85
– – – – – Other than poultry livers
ex 0407 Birds'
eggs,
in
shell,
fresh,
preserved
or
cooked:
0407 19 90,
– Other than of poultry
0407 29 90 and
0407 90 90
ex 0408
Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in
water, moulded, frozen or otherwise preserved, whether or not containing added sugar or
other sweetening matter:
– Egg yolks:
ex 0408 11 –
– Dried:
0408 11 20 –
–
– Unfit for human consumption ( d )
ex 0408 19 –
– Other:
0408 19 20 –
–
– Unfit for human consumption ( d )
– Other:
ex 0408 91 –
– Dried:
0408 91 20 –
–
– Unfit for human consumption ( d )
ex 0408 99 –
– Other:
0408 99 20 –
–
– Unfit for human consumption ( d )
0410 00 00 Edible
products
of
animal
origin,
not
elsewhere
specified
or
included
0504 00 00 Guts,
bladders
and
stomachs
of
animals
(other
than
fish),
whole
and
pieces
thereof,
fresh,
chilled, frozen, salted, in brine, dried or smoked
ex 0511
Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit
for human consumption:
0511 10 00
– Bovine semen
– Other:
ex 0511 99 –
– Other:
0511 99 85 –
–
– Other

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/787
CN code Description
ex 0709 Other
vegetables,
fresh
or
chilled:
ex 0709 60
– Fruits of the genus Capsicum or of the genus Pimenta:
– – Other:
0709 60 91 –
–
–
– Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes ( c )
0709 60 95 –
–
– For the industrial manufacture of essential oils or resinoids ( c )
0709 60 99 –
–
– Other
ex 0710
Vegetables (uncooked or cooked by steaming or boiling in water), frozen:
ex 0710 80
– Other vegetables:
– – Fruits of the genus Capsicum or of the genus Pimenta:
0710 80 59 –
–
– Other than sweet peppers
ex 0711
Vegetables 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 consump
tion:
ex 0711 90
– Other vegetables; mixtures of vegetables:
– – Vegetables:
0711 90 10 –
–
–
– Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers
ex 0713
Dried leguminous vegetables, shelled, whether or not skinned or split:
ex 0713 10
– Peas (Pisum sativum):
0713 10 90 –
– Other than for sowing
ex 0713 20 00
– Chickpeas (garbanzos):
– – Other than for sowing
– Beans (Vigna spp., Phaseolus spp.):
ex 0713 31 00 –
– Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek:
– – – Other than for sowing
ex 0713 32 00 –
– Small red (Adzuki) beans (Phaseolus or Vigna angularis):
– – – Other than for sowing
ex 0713 33 –
– Kidney beans, including white pea beans (Phaseolus vulgaris):
0713 33 90 –
–
– Other than for sowing
ex 0713 34 00 –
– Bambara beans (Vigna subterranea or Voandzeia subterranea)
ex 0713 35 00 –
–
– Other than for sowing
ex 0713 39 00 –
– Cow peas (Vigna unguiculata):
– – – Other than for sowing
– – Other:
– – – Other than for sowing
ex 0713 40 00
– Lentils:
– – Other than for sowing
ex 0713 50 00
– Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia faba var.
minor):
– – Other than for sowing
ex 0713 60 00
– Pigeon peas (Cajanus cajan):

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L 347/788
EN
Official Journal of the European Union
20.12.2013
CN code Description
– – Other than for sowing
ex 0713 90 00
– Other:
– – Other than for sowing
0801
Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled
ex 0802
Other nuts, fresh or dried, whether or not shelled or peeled:
0802 70 00
– Kola nuts (Cola spp.)
0802 80 00
– Areca nuts
ex 0804 Dates,
figs,
pineapples,
avocados,
guavas,
mangoes
and
mangosteens,
fresh
or
dried:
0804 10 00
– Dates
0902 Tea,
whether
or
not
flavoured
ex 0904 Pepper
of
the
genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the
genus Pimenta, excluding sweet peppers falling within subheading 0904 21 10
0905 Vanilla
0906 Cinnamon
and
cinnamon-tree
flowers
0907 Cloves
(whole
fruit,
cloves
and
stems)
0908 Nutmeg,
mace
and
cardamoms
0909
Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries
ex 0910 Ginger,
turmeric
(curcuma),
bay
leaves,
curry
and
other
spices
excluding
thyme
and
saffron
ex 1106
Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of
roots or tubers of heading 0714 or of the products of Chapter 8:
1106 10 00
– Of the dried leguminous vegetables of heading 0713
ex 1106 30
– Of the products of Chapter 8:
1106 30 90 –
– Other than bananas
ex 1108 Starches;
inulin:
1108 20 00
– Inulin
1201 90 00 Soya
beans,
whether
or
not
broken,
other
than
seed
1202 41 00 Groundnuts,
not
roasted
or
otherwise
cooked,
in
shell,
other
than
seed
1202 42 00
Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken, other than
seed
1203 00 00 Copra
1204 00 90 Linseed,
whether
or
not
broken,
other
than
for
sowing
1205 10 90 and
Rape or colza seeds, whether or not broken, other than for sowing
ex 1205 90 00
1206 00 91 Sunflower
seeds,
whether
or
not
broken,
other
than
for
sowing
1206 00 99
1207 29 00 Cotton
seeds,
whether
or
not
broken,
other
than
for
sowing
1207 40 90 Sesamum
seeds,
whether
or
not
broken,
other
than
for
sowing
1207 50 90 Mustard
seeds,
whether
or
not
broken,
other
than
for
sowing
1207 91 90 Poppy
seeds,
whether
or
not
broken,
other
than
for
sowing
1207 99 91 Hemp
seeds,
whether
or
not
broken,
other
than
for
sowing

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CN code Description
ex 1207 99 96
Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing
1208 Flours
and
meals
of
oil
seeds
or
oleaginous
fruits,
other
than
those
of
mustard
ex 1211
Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery,
in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not
cut, crushed or powdered excluding the products listed under CN code ex 1211 90 86 in
Part IX;
ex 1212
Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or
dried, whether or not ground; fruit stones and kernels and other vegetable products
(including unroasted chicory roots of Cichorium intybus var. sativum) of a kind used
primarily for human consumption, not elsewhere specified or included:
ex 1212 99 –
– Other than sugar cane:
1212 99 41 and
– – – Locust bean seeds
1212 99 49
ex 1212 99 95 –
–
– Other, excluding chicory root
1213 00 00
Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form
of pellets
ex 1214
Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines,
vetches and similar forage products, whether or not in the form of pellets:
ex 1214 10 00
– Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne
otherwise dried and ground
ex 1214 90
– Other:
1214 90 10 –
– Mangolds, swedes and other fodder roots
ex 1214 90 90 –
– Other, excluding:
– Lucerne, sainfoin, clover, lupines, vetches and similar fodder products artificially heat-dried,
except hay and fodder kale and products containing hay
– Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and birdsfoot,
otherwise dried and ground
ex 1502
Fats of bovine animals, sheep or goats, other than those of heading 1503:
ex 1502 10 10
– For industrial uses other than the manufacture of foodstuffs for human consumption,
ex 1502 90 10
excluding fats obtained from bones and waste ( c )

1503 00
Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise
prepared
ex 1504
Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not
chemically modified, excluding fish liver oils and the fractions of heading 1504 10 and fats
and oils and their fractions, of fish, other than liver oils of heading 1504 20
1507
Soya-bean oil and its fractions, whether or not refined, but not chemically modified
1508
Groundnut oil and its fractions, whether or not refined, but not chemically modified

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CN code Description
1511
Palm oil and its fractions, whether or not refined, but not chemically modified
1512 Sunflower-seed,
safflower
or
cotton-seed
oil
and
fractions
thereof,
whether
or
not
refined,
but
not chemically modified
1513
Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but
not chemically modified
1514
Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically
modified
ex 1515 Other
fixed
vegetable
fats
and
oils
(excluding
jojoba
oil
of
subheading
ex
1515
90
11)
and
their fractions, whether or not refined, but not chemically modified
ex 1516
Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-
esterified, re-esterified or elaidinised, whether or not refined, but not further prepared
(excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10)
ex 1517
Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions
of different fats or oils of this chapter, other than edible fats or oils or their fractions of
heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93
1518 00 31 and
Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture
1518 00 39
of foodstuffs for human consumption ( c )
1522 00 91 Oil
foots
and
dregs;
soapstocks,
resulting
from
the
treatment
of
fatty
substances
or
animal
or
vegetable waxes, excluding those containing oil having the characteristics of olive oil
1522 00 99
Other residues resulting from the treatment of fatty substances or animal or vegetable waxes,
excluding those containing oil having the characteristics of olive oil
ex 1602
Other prepared or preserved meat, meat offal or blood:
– Of swine:
ex 1602 41 –
– Hams and cuts thereof:
1602 41 90 –
–
– Other than of domestic swine
ex 1602 42 –
– Shoulders and cuts thereof:
1602 42 90 –
–
– Other than of domestic swine
ex 1602 49 –
– Other, including mixtures:
1602 49 90 –
–
– Other than of domestic swine
ex 1602 90
– Other, including preparations of blood of any animal:
– – Other than preparations of blood of any animal:
1602 90 31 –
–
– Of game or rabbit
– – – Other:
– – – – Other than containing the meat or meat offal of domestic swine:
– – – – – Other than containing bovine meat or offal:
1602 90 99
– – – – – – Other than of sheep or goats
ex 1603 00 Extracts
and
juices
of
meat
1801 00 00 Cocoa
beans,
whole
or
broken,
raw
or
roasted
1802 00 00 Cocoa
shells,
husks,
skins
and
other
cocoa
waste

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CN code Description
ex 2001 Vegetables,
fruit,
nuts
and
other
edible
parts
of
plants,
prepared
or
preserved
by
vinegar
or
acetic acid:
ex 2001 90
– Other:
2001 90 20 –
– Fruits of the genus Capsicum other than sweet peppers or pimentos
ex 2005
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen,
other than products of heading 2006:
ex 2005 99
– Other vegetables and mixtures of vegetables:
2005 99 10 –
– Fruits of the genus Capsicum other than sweet peppers or pimentos
ex 2206
Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages
and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or
included:
2206 00 31 to
– Other than piquette
2206 00 89
ex 2301
Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other
aquatic invertebrates, unfit for human consumption; greaves:
2301 10 00
– Flours, meals and pellets, of meat or meat offal; greaves
ex 2302
Bran, sharps and other residues, whether or not in the form of pellets, derived from the
sifting, milling or other working of cereals or of leguminous plants:
2302 50 00
– Of leguminous plants
2304 00 00
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting
from the extraction of soya-bean oil
2305 00 00
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting
from the extraction of groundnut oil
ex 2306
Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting
from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305 with
the exception of subheading 2306 90 05 (oilcake and other solid residues resulting from the
extraction of maize (corn) germ) and 2306 90 11 and 2306 90 19 (oilcake and other solid
residues resulting from the extraction of olive oil)
ex 2307 00 Wine
lees;
argol:
2307 00 90
– Argol
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 90
– Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than
grapes
ex 2309 Preparations
of
a
kind
used
in
animal
feeding:
ex 2309 10
– Dog or cat food, put up for retail sale:
2309 10 90 –
– Other than 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:
ex 2309 90 10 –
– Other, including premixes:
– – Marine mammal solubles

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CN code Description
ex 2309 90 91 to
– – – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine
2309 90 96
syrup of subheadings 1702
30
50, 1702
30
90, 1702
40
90, 1702
90
50 and

2106 90 55 or milk products, excluding
– Protein concentrates obtained from lucerne juice and grass juice
– Dehydrated products obtained exclusively from solid residues and juice resulting from the
preparation of the concentrates referred to in the first indent
( a ) Entry under this subheading is subject to the conditions laid down in the relevant Union provisions (see Council Directive 94/28/EC ( 1 )
and Commission Regulation (EC) No 504/2008 ( 2 ).
( 1 ) Council Directive 94/28/EC of 23 June 1994 laying down the principles relating to the zootechnical and genealogical conditions
applicable to imports from third countries of animals, their semen, ova and embryos, and amending Directive 77/504/EEC on pure-
bred breeding animals of the bovine species (OJ L 178, 12.7.1994, p. 66).
( 2 ) Commission Regulation (EC) No 504/2008 of 6 June 2008 implementing Council Directives 90/426/EEC and 90/427/EEC as
regards methods for the identification of equidae (OJ L 149, 7.6.2008, p. 3).
( b ) Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Council Directive 88/661/EEC ( 3 ),
Directive 94/28/EC and Commission Decision 96/510/EC ( 4 )).
( 3 ) Council Directive 88/661/EEC of 19 December 1988 on the zootechnical standards applicable to breeding animals of the porcine
species (OJ L 382, 31.12.1988, p. 36).
( 4 ) Commission Decision 96/510/EC of 18 July 1996 laying down the pedigree and zootechnical certificates for the importation of
breeding animals, their semen, ova and embryos (OJ L 210, 20.8.1996, p. 53).
( c ) Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Articles 291 to 300 of Regulation
(EEC) No 2454/93).
( d ) Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the
Combined Nomenclature.
Section 2
CN code Description
0101 29 10 Live
horses,
for
slaughter
( a )
ex 0205 00 Meat
of
horses,
fresh,
chilled
or
frozen
0210 99 10 Horsemeat,
salted
in
brine
or
dried
0511 99 10
Sinews or tendons; parings and similar wastes of raw hides or skins
0701 Potatoes,
fresh
or
chilled
0901
Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes
containing coffee in any proportion
1105 Flour,
meal,
powder,
flakes,
granules
and
pellets
of
potatoes
ex 1212 94 00 Chicory
roots
2209 00 91 and
Vinegar and substitutes for vinegar obtained from acetic acid other than wine vinegar
2209 00 99
4501
Natural cork, raw or simply prepared; waste cork; crushed, granulated or ground cork
( a ) Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Articles 291 to 300 of Regulation
(EEC) No 2454/93).

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ANNEX II
DEFINITIONS REFERRED TO IN ARTICLE 3(1)
PART I
Definitions concerning the rice sector
I. The terms 'paddy rice', 'husked rice', 'semi-milled rice', 'wholly milled rice', 'round grain rice', 'medium grain rice', 'long
grain rice A or B' and 'broken rice' shall be defined as follows:
1. (a) "Paddy rice" means rice which has retained its husk after threshing.
(b) "Husked rice" means paddy rice from which only the husk has been removed. Examples of rice falling within
this definition are those with the commercial descriptions 'brown rice', 'cargo rice', 'loonzain' and 'riso sbra
mato'.
(c) "Semi-milled rice" means paddy rice from which the husk, part of the germ and the whole or part of the outer
layers of the pericarp but not the inner layers have been removed.
(d) "Wholly milled rice" means paddy rice from which the husk, the whole of the outer and inner layers of the
pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the
case of round grain rice have been removed, but in which longitudinal white striations may remain on not
more than 10 % of the grains.
2. (a) "Round grain rice" means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width
ratio of less than 2.
(b) "Medium grain rice" means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding
6,0 mm and of a length/width ratio no greater than 3.
(c) "Long grain rice" means
(i) long grain rice A, namely rice, the grains of which are of a length exceeding 6,0 mm and of a length/width
ratio greater than 2 but less than 3;
(ii) long grain rice B, namely rice, the grains of which are of a length exceeding 6,0 mm and of a length/width
ratio equal to or greater than 3.
(d) "Measurements of the grains" means grain measurements on wholly milled rice taken by the following method:
(i) take a sample representative of the batch;
(ii) sieve the sample so as to retain only whole grains, including immature grains;
(iii) carry out two measurements of 100 grains each and work out the average;
(iv) express the result in millimetres, rounded off to one decimal place.
3. "Broken rice" means grain fragments the length of which does not exceed three quarters of the average length of
the whole grain.
II. As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:
1. "Whole grains" means grains from which only part of the end has been removed, irrespective of characteristics
produced at each stage of milling.
2. "Clipped grains" means grains from which the entire end has been removed.
3. "Broken grains or fragments" means grains from which a part of the volume greater than the end has been
removed; broken grains include:
(i) large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a
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(ii) medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which
are smaller than the minimum size of 'large broken grains'),
(iii) fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a
sieve with a mesh of 1,4 mm),
(iv) fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split
grains (pieces produced by a longitudinal split in the grain) come under this definition.
4. "Green grains" means grains which are not fully ripened.
5. "Grains showing natural malformation" means grains showing a natural malformation, whether or not of
hereditary origin, as compared with the morphological characteristics typical of the variety.
6. "Chalky grains" means grains at least three-quarters of the surface of which looks opaque and chalky.
7. "Grains striated with red" means grains showing longitudinal red striations of differing intensity and shades, due
to residues from the pericarp.
8. "Spotted grains" means grains showing a well-defined small circle of dark colour of more or less regular shape;
spotted grains also include those which show slight black striations on the surface only; the striations and spots
must not show a yellow or dark aureole.
9. "Stained grains" means grains which have undergone, on a small area of their surface, an obvious change in their
natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to
be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be
immediately visible and if they cover an area not less than half that of the grain, the grains must be considered
to be yellow grains.
10. "Yellow grains" means grains which have undergone, totally or partially, otherwise than by drying, a change in
their natural colour and have taken on a lemon or orange-yellow tone.
11. "Amber grains" means grains which have undergone, otherwise than by drying, a slight uniform change in colour
over the whole surface; this change alters the colour of the grains to a light amber-yellow.
PART II
Technical definitions concerning the sugar sector
Section A
General definitions
1. "White sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the
dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method.
2. "Raw sugars" means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry
state, less than 99,5 % by weight of sucrose, determined by the polarimetric method.
3. "Isoglucose" means the product obtained from glucose or its polymers, with a content by weight in the dry state of at
least 10 % fructose.
4. "Inulin syrup" means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry
state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid
restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin
syrup quota, this definition may be amended by the Commission by means of delegated acts pursuant to point (a) of
Article 125(4).
5. A "delivery contract" means a contract concluded between a seller and an undertaking for the delivery of beet for the
manufacture of sugar.
6. "Agreement within the trade" means one of the following:
(a) an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an under
takings' organisation recognised by the Member State concerned, or a group of such undertakings' organisations,
on the one hand and a sellers' association recognised by the Member State concerned or a group of such sellers'
organisations on the other;

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(b) in the absence of any agreement as referred to in point (a), the law on companies and the law on cooperatives, in
so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative
manufacturing sugar.
Section B
Definitions applying during the period referred to in Article 124
1. "Quota sugar", "quota isoglucose" and "quota inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup
production attributed to a specific marketing year under the quota of the undertaking concerned.
2. "Industrial sugar" means any quantity of sugar production attributed to a specific marketing year over and above the
sugar quantity referred to in point 5, intended for the production by the industry of one of the products referred to in
Article 140(2).
3. "Industrial isoglucose" and "industrial inulin syrup" mean any quantity of isoglucose or inulin syrup production
attributed to a specific marketing year, intended for the production by the industry of one of the products referred
to in Article 140(2).
4. "Surplus sugar", "surplus isoglucose" and "surplus inulin syrup" mean any quantity of sugar, isoglucose or inulin syrup
production attributed to a specific marketing year over and above the respective quantities referred to in points 1, 2
and 3.
5. "Quota beet" means all sugar beet processed into quota sugar.
6. "Full-time refiner" means a production unit:
— of which the sole activity consists of refining imported raw cane sugar, or
— which refined in the marketing year 2004/2005 or, in the case of Croatia, 2007/2008 a quantity of at least
15 000 tonnes of imported raw cane sugar.
PART III
Definitions concerning the hops sector
1. "Hops" means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus);
these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension
generally varies from 2 to 5 cm.
2. "Hop powder" means the product obtained by milling the hops, containing all the natural elements thereof.
3. "Hop powder with higher lupulin content" means the product obtained by milling the hops after mechanical removal
of a part of the leaves, stalks, bracts and rachides.
4. "Extract of hops" means the concentrated products obtained by the action of a solvent on the hops or on the hop
powder.
5. "Mixed hop products" means a mixture of two or more of the products referred to in points 1 to 4.
PART IV
Definitions concerning the wine sector
Vine-related
1. "Grubbing up" means the complete elimination of all vine stocks on an area planted with vines.
2. "Planting" means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a
view to producing grapes or to establishing a graft nursery.
3. "Grafting-on" means the grafting of a vine which has already been subject to a previous grafting.

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Produce-related
4. "Fresh grapes" means the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed
or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation.
5. "Fresh grape must with fermentation arrested by the addition of alcohol" means a product which:
(a) has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume;
(b) is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 %
volume and is exclusively derived from wine grape varieties classifiable in accordance with Article 81(2):
(i) either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes,
having an actual alcoholic strength of not less than 96 % volume;
(ii) or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of
not less than 52 % volume and not more than 80 % volume.
6. "Grape juice" means the unfermented but fermentable liquid product which:
(a) is obtained by appropriate treatment rendering it fit for consumption as it is;
(b) is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall
be reconstituted from concentrated grape must or concentrated grape juice.
An actual alcoholic strength of the grape juice of not more than 1 % volume is permissible.
7. "Concentrated grape juice" means uncaramelised grape juice obtained by partial dehydration of grape juice carried out
by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in
accordance with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %.
An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.
8. "Wine lees" means the residue:
(a) accumulating in vessels containing wine after fermentation, during storage or after authorised treatment;
(b) obtained from filtering or centrifuging the product referred to in (a);
(c) accumulating in vessels containing grape must during storage or after authorised treatment; or
(d) obtained from filtering or centrifuging the product referred to in (c).
9. "Grape marc" means the residue from the pressing of fresh grapes, whether or not fermented.
10. "Piquette" means a product obtained by:
(a) the fermentation of untreated grape marc macerated in water; or
(b) leaching fermented grape marc with water.
11. "Wine fortified for distillation" means a product which:
(a) has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume;

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(b) is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived
from the distillation of wine and having a maximum actual alcoholic strength of 86 % volume; or
(c) has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.
12. "Cuvée" means
(a) the grape must;
(b) the wine; or
(c) the mixture of grape musts and/or wines with different characteristics,
intended for the preparation of a specific type of sparkling wine.
Alcoholic strength
13. "Actual alcoholic strength by volume" means the number of volumes of pure alcohol contained at a temperature of
20 °C in 100 volumes of the product at that temperature.
14. "Potential alcoholic strength by volume" means the number of volumes of pure alcohol at a temperature of 20 °C
capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that
temperature.
15. "Total alcoholic strength by volume" means the sum of the actual and potential alcoholic strengths.
16. "Natural alcoholic strength by volume" means the total alcoholic strength by volume of a product before any
enrichment.
17. "Actual alcoholic strength by mass" means the number of kilograms of pure alcohol contained in 100 kilograms of
product.
18. "Potential alcoholic strength by mass" means the number of kilograms of pure alcohol capable of being produced by
total fermentation of the sugars contained in 100 kilograms of product.
19. "Total alcoholic strength by mass" means the sum of the actual and potential alcoholic strength.
PART V
Definitions concerning the beef and veal sector
"Bovine animals" means live animals of the domestic bovine species falling within CN codes 0102 21, 0102 31 00,
0102 90 20, ex 0102 29 10 to ex 0102 29 99, 0102 39 10, 0102 90 91.
PART VI
Definitions concerning the milk and milk products sector
For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase 'manufactured
directly from milk or cream' does not exclude butter manufactured from milk or cream, without the use of stored
materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of
concentrated milk fat and/or the fractionation of such milk fat.
PART VII
Definitions concerning the eggs sector
1. "Eggs in shell" means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in
point 2.
2. "Eggs for hatching" means poultry eggs for hatching
3. "Whole products" means birds' eggs not in shell, whether or not containing added sugar or other sweetening matter
suitable for human consumption.
4. "Separated products" means birds' egg yolks, whether or not containing added sugar or other sweetening matter
suitable for human consumption.

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PART VIII
Definitions concerning the poultrymeat sector
1. "Live poultry" means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams.
2. "Chicks" means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams.
3. "Slaughtered poultry" means dead fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls,
whole, with or without offal.
4. "Derived products" means the following:
(a) products specified in point (a) of Part XX of Annex I;
(b) products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as
'poultry cuts';
(c) edible offals specified in point (b) of Part XX of Annex I;
(d) products specified in point (c) of Part XX of Annex I;
(e) products specified in points (d) and (e) of Part XX of Annex I;
(f) products referred to in point (f) of Part XX of Annex I, other than those falling within CN code 1602 20 10.
PART IX
Definitions concerning the apiculture sector
1. Honey shall be understood as honey within the meaning of Council Directive 2001/110/EC ( 1 ) including as regards to
the main types of honey.
2. "Apiculture products" means honey, beeswax, royal jelly, propolis or pollen.
( 1 ) Council Directive 2001/110/EC of 20 December 2001 relating to honey (OJ L 10, 12.1.2002, p. 47).

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ANNEX III
STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLES 7 AND 135
A. Standard quality for paddy rice
Paddy rice of standard quality shall:
(a) be of sound, fair and marketable quality, free of odour;
(b) contain a moisture content of maximum 13 %;
(c) have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of which
a percentage by weight of wholly milled rice grains which are not of unimpaired quality:
chalky grains of paddy rice under CN codes 1006 10 27 and 1006 10 98 1,5
%
chalky grains of paddy rice under CN codes other than 1006 10 27 and 2,0 %
1006 10 98:
grains striated with red 1,0
%
spotted grains 0,50
%
stained grains 0,25
%
yellow grains 0,02
%
amber grains 0,05
%
B. Standard qualities for sugar
I. Standard quality for sugar beet
Standard quality beet shall:
(a) be of sound, fair and marketable quality;
(b) have a sugar content of 16 % at the reception point.
II. Standard quality for white sugar
1. White sugar of the standard quality shall have the following characteristics:
(a) sound, fair and marketable quality; dry, in homogeneous granulated crystals, free-flowing;
(b) minimum polarisation: 99,7;
(c) maximum moisture content: 0,06 %;
(d) maximum invert sugar content: 0,04 %;
(e) the number of points determined under point 2 not exceeding a total of 22, nor:
— 15 for the ash content,
— 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology ("the
Brunswick method"),
— 6 for the colouring of the solution, determined using the method of the International Commission for Uniform
Methods of Sugar Analysis ("the ICUMSA method").

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2. One point shall correspond to:
(a) 0,0018 % of ash content determined using the ICUMSA method at 28 o Brix;
(b) 0,5 units of colour type determined using the Brunswick method;
(c) 7,5 units of colouring of the solution determined using the ICUMSA method.
3. The methods for determining the factors referred to in point 1 shall be those used for determining those factors under
the intervention measures.
III. Standard quality for raw sugar
1. Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %.
2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:
(a) its percentage ash content multiplied by four;
(b) its percentage invert sugar content multiplied by two;
(c) the number 1.
3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar
multiplied by two.

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ANNEX IV
UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 10
A. Union scale for the classification of carcasses of bovine animals aged eight months or more
I. Definitions
The following definitions shall apply:
1. "carcass" means the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;
2. "half-carcass" means the product obtained by separating the carcass symmetrically through the middle of each cervical,
dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis.
II. Categories
The bovine carcasses shall be divided into the following categories:
Z: carcasses of animals aged from 8 months to less than 12 months;
A: carcasses of uncastrated male animals aged from 12 months to less than 24 months;
B: carcasses of uncastrated male animals aged from 24 months;
C: carcasses of castrated male animals aged from 12 months;
D: carcasses of female animals that have calved;
E: carcasses of other female animals aged from 12 months.
III. Classification
The carcasses shall be classified by successive assessment of:
1. Conformation, defined as follows:
Development of carcass profiles, in particular the essential parts (round, back, shoulder)
Conformation class Description
S
All profiles extremely convex; exceptional muscle development (double muscled carcass
Superior
type)
E
All profiles convex to super-convex; exceptional muscle development
Excellent
U
Profiles on the whole convex, very good muscle development
Very good
R
Profiles on the whole straight; good muscle development
Good
O
Profiles straight to concave; average muscle development
Fair
P
All profiles concave to very concave; poor muscle development
Poor
2. Fat cover, defined as follows:
— Amount of fat on the outside of the carcass and in the thoracic cavity

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Class of fat cover Description
1
None up to low fat cover
low
2
Slight fat cover, flesh visible almost everywhere
slight
3
Flesh with the exception of the round and shoulder, almost everywhere covered with
average
fat, slight deposits of fat in the thoracic cavity
4
Flesh covered with fat, but on the round and shoulder still partly visible, some
high
distinctive fat deposits in the thoracic cavity
5
Entire carcass covered with fat; heavy deposits in the thoracic cavity
very high
Member States are authorised to subdivide each of the classes provided for in points 1 and 2 into a maximum of three
subclasses.
IV. Presentation
Carcasses and half-carcasses shall be presented:
(a) without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and
the feet shall be severed at the carpametacarpal or tarsometatarsal joints;
(b) without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and
the pelvic fat;
(c) without the sexual organs and the attached muscles and without the udder or the mammary fat.
V. Classification and identification
Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the
Council ( 1 ) shall take measures to ensure that all carcasses or half-carcasses bovine animals aged eight months or
more slaughtered in such slaughterhouses and bearing a health mark provided for Article 5(2) in conjunction with
Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council ( 2 ) are
classified and identified in accordance with the Union scale.
Before identification by marking, Member States may grant authorisation to have the external fat removed from the
carcasses or half-carcasses if this is justified by the fat cover.
B. Union scale for the classification of pig carcasses
I. Definition
"Carcass" means the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.
II. Classification
Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:
Classes Lean
meat
as
percentage
of
carcass
weight
S 60
or
more
E 55
or
more
but
less
than
60
U 50
or
more
but
less
than
55
( 1 ) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for
food of animal origin (OJ L 139, 30.4.2004, p. 55).
( 2 ) Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the
organisation of official controls on products of animal origin intended for human consumption (OJ L 139, 30.4.2004, p. 206).

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Classes Lean
meat
as
percentage
of
carcass
weight
R 45
or
more
but
less
than
50
O 40
or
more
but
less
than
45
P less
than
40
III. Presentation
Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.
IV. Lean-meat content
1. The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only statistically
proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass
may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for
statistical error in assessment.
2. However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content.
V. Identification of carcasses
Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in accordance with
the Union scale.
C. Union scale for the classification of sheep carcasses
I. Definition
The definitions of "carcass" and "half-carcass" laid down in point A.I shall apply.
II. Categories
The carcasses shall be divided into the following categories:
A: carcasses of sheep under 12 months old,
B: carcasses of other sheep.
III. Classification
The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term
"round" in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term "hindquarter".
IV. Presentation
Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet (severed at
the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh caudal vertebrae), the
udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the carcass.
Member States are authorised to permit different presentations when the refeence presentation is not used.
V. Identification of carcasses
Classified carcasses and half-carcasses shall be identified by marking in accordance with the Union scale.

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ANNEX V
LIST OF PRODUCTS EXCLUDED FROM A SCHOOL FRUIT AND VEGETABLES SCHEME THAT IS
CO-FINANCED WITH UNION AID REFERRED TO IN ARTICLE 23(3)
Products with any of the following:
— added sugar,
— added fat,
— added salt,
— added sweeteners.

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ANNEX VI
BUDGETARY LIMITS FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 44(1)
in 1 000 EUR per budget year
2014 2015 2016 2017
onwards
Bulgaria 26
762 26
762 26
762 26
762
Czech Republic 5
155 5
155 5
155 5
155
Germany 38
895 38
895 38
895 38
895
Greece 23
963 23
963 23
963 23
963
Spain 353
081 210
332 210
332 210
332
France 280
545 280
545 280
545 280
545
Croatia 11
885 11
885 11
885 10
832
Italy 336
997 336
997 336
997 336
997
Cyprus 4
646 4
646 4
646 4
646
Lithuania 45 45 45 45
Luxembourg 588
—
—
—
Hungary 29
103 29
103 29
103 29
103
Malta 402
—
—
—
Austria 13
688 13
688 13
688 13
688
Portugal 65
208 65
208 65
208 65
208
Romania 47
700 47
700 47
700 47
700
Slovenia 5
045 5
045 5
045 5
045
Slovakia 5
085 5
085 5
085 5
085
United Kingdom 120
—
—
—

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ANNEX VII
DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 78
For the purposes of this Annex, the "sale description" means the name under which a foodstuff is sold, within the
meaning of Article 5(1) of Directive 2000/13/EC, or the name of the food, within the meaning of Article 17 of
Regulation (EU) No 1169/2011.
PART I
Meat of bovine animals aged less than 12 months
I. Definition
For the purposes of this Part of this Annex, "meat" means all carcases, meat on the bone or boned, and offal, whether
or not cut, intended for human consumption, obtained from bovine animals aged less than 12 months, presented
fresh, frozen or deep-frozen, whether or not wrapped or packed.
II. Classification of bovine animals aged less than 12 months at the slaughterhouse
On slaughter, all bovine animals aged less than 12 months shall be classified by the operators, under the supervision
of the competent authority, in one of the following two categories:
(A) Category V: bovine animals aged less than eight months
Category identification letter: V;
(B) Category Z: bovine animals aged from 8 months to less than 12 months
Category identification letter: Z.
This classification shall be carried out on the basis of the information contained in the passport accompanying the
bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in
Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council ( 1 ).
III. Sales descriptions
1. The meat of bovine animals aged less than 12 months shall only be marketed in the Member States under the
following sales description(s) laid down for each Member State:
(A) For the meat of bovine animals aged less than eight months (category identification letter: V):
Country of marketing Sales
descriptions
to
be
used
Belgium veau,
viande
de
veau/kalfsvlees/Kalbfleisch
Bulgaria
месо от малки телета
Czech Republic Telecí
Denmark Lyst
kalvekd
Germany Kalbfleisch
Estonia Vasikaliha
Ireland Veal
Greece
μοσχρι γλακτο
Spain Ternera
blanca,
carne
de
ternera
blanca
France veau,
viande
de
veau
Croatia teletina
Italy vitello,
carne
di
vitello
( 1 ) Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the
identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).

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Cyprus
μοσχρι γλακτο
Latvia Tea gaa
Lithuania Veriena
Luxembourg veau,
viande
de
veau/Kalbfleisch
Hungary Borjúhús
Malta Vitella
Netherlands Kalfsvlees
Austria Kalbfleisch
Poland Cielcina
Portugal Vitela
Romania carne
de
viel
Slovenia Teletina
Slovakia Teacie mso
Finland vaalea
vasikanliha/ljust
kalvktt
Sweden ljust
kalvktt
United Kingdom Veal
(B) For the meat of bovine animals aged from 8 months to less than 12 months (category identification letter: Z):
Country of marketing Sales
descriptions
to
be
used
Belgium jeune
bovin,
viande
de
jeune
bovin/jongrundvlees/Jungrindfleisch
Bulgaria
Телешко месо
Czech Republic hovězí maso z mladého skotu
Denmark Kalvekd
Germany Jungrindfleisch
Estonia noorloomaliha
Ireland rosé
veal
Greece
νεαρ μοσχρι
Spain Ternera,
carne
de
ternera
France jeune
bovin,
viande
de
jeune
bovin
Croatia mlada
junetina
Italy vitellone,
carne
di
vitellone
Cyprus
νεαρ μοσχρι
Latvia jaunlopa
gaa
Lithuania Jautiena
Luxembourg jeune
bovin,
viande
de
jeune
bovin/Jungrindfleisch
Hungary Nvendék
marha
húsa
Malta Vitellun
Netherlands rosé
kalfsvlees
Austria Jungrindfleisch
Poland
moda woowina
Portugal Vitelo

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Romania carne
de
tineret
bovin
Slovenia meso
tejih
telet
Slovakia mso
z
mladého
dobytka
Finland vasikanliha/kalvktt
Sweden Kalvktt
United Kingdom Beef
2. The sales descriptions referred to in paragraph 1 may be supplemented by an indication of the name or
designation of the pieces of meat or offal concerned.
3. The sales descriptions listed for category V in point A of the table set out in paragraph 1 and any new name
derived from those sales descriptions shall only be used if the requirements of this Annex are fulfilled.
In particular, the terms "veau", "telecí", "Kalb", "μοσχρι", "ternera", "kalv", "veal", "vitello", "vitella", "kalf", "vitela"
and "teletina" shall not be used in a sales description or be indicated on the labelling of the meat of bovine
animals aged more than 12 months.
4. The conditions referred to in paragraph 1 shall not apply to the meat of bovine animals with a designation of
origin or geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before
29 June 2007.
IV. Compulsory indication on the label
1. Without prejudice to Directive 2000/13/EC, Regulation (EU) No 1169/2011 and Articles 13, 14 and 15 of
Regulation (EC) No 1760/2000, at each stage of production and marketing, operators shall label the meat of
bovine animals aged less than 12 months with the following information:
(a) the sales description in accordance with point III of this Part;
(b) the age of the animals on slaughter, indicated, as the case may be, on the form:
— "age on slaughter: less than 8 months";
— "age on slaughter: from 8 to less than 12 months".
By way of derogation from point (b) of the first subparagraph, operators may replace the indication on the age at
slaughter by the indication of the category, respectively: "category V" or "category Z", at stages preceding the
release to the final consumer.
2. In the case of the meat of bovine animals aged less than 12 months presented for sale un-prepacked at the point
of retail sale to the final consumer, Member States shall lay down rules on how the information referred to in
paragraph 1 is to be indicated.
V. Recording
At each stage of production and marketing, operators shall record the following information:
(a) the identification number and the date of birth of the animals, at slaughterhouse level only;
(b) a reference number making it possible to establish a link between, on the one hand, the identification of the
animals from which the meat originates and, on the other hand, the sales description, the age on slaughter and
the category identification letter given on the meat label;
(c) the date of arrival and departure of the animals and meat in the establishment.
VI. Official checks
1. Member States shall designate the competent authority or authorities responsible for official checks performed to
verify the application of this Part and inform the Commission thereof.

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2. Official checks shall be carried out by the competent authority or authorities in accordance with the general
principles laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council ( 1 ).
3. The Commission's experts shall carry out, where required, jointly with the competent authorities concerned, and
where applicable, the Member States' experts, on the spot checks to ensure that the provisions of this Annex are
being implemented.
4. Any Member State on whose territory checks are carried out shall provide the Commission with all necessary
assistance which it may require for the accomplishment of its tasks.
5. For meat imported from third countries a competent authority designated by the third country or, where
applicable, an independent third-party body shall ensure that the requirements of this Part are fulfilled. The
independent body shall provide full assurance of compliance with the conditions laid down in European
Standard EN 45011 or ISO/IEC Guide 65.
PART II
Categories of grapevine products
(1) Wine
"Wine" means the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes,
whether or not crushed, or of grape must.
Wine shall:
(a) have, whether or not following application of the processes specified in Section B of Part I of Annex VIII, an
actual alcoholic strength of not less than 8,5 % volume provided that the wine derives exclusively from grapes
harvested in wine-growing zones A and B referred to in Appendix I to this Annex, and of not less than 9 %
volume in other wine-growing zones;
(b) have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a
protected designation of origin or a protected geographical indication, whether or not following application of
the processes specified in Section B of Part I of Annex VIII, an actual alcoholic strength of not less than 4,5 %
volume;
(c) have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:
— the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been
produced without any enrichment from certain wine-growing areas of the Union, to be determined by the
Commission by means of delegated acts pursuant to Article 75(2),
— the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected
designation of origin which have been produced without enrichment;
(d) have, subject to derogations which may be adopted by the Commission by means of delegated acts pursuant to
Article 75(2), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6
milliequivalents per litre.
"Retsina" means wine produced exclusively in the geographical territory of Greece using grape must treated with
resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining "Retsina"
wine under the conditions laid down in Greece's applicable provision.
By way of derogation from point (b) of the second subparagraph "Tokaji eszencia" and "Tokajská esencia" are
considered to be wine.
However, Member States may allow the use of the term "wine" if:
(a) it is accompanied by the name of a fruit in the form of a composite name to market products obtained by the
fermentation of fruit other than grapes; or
(b) it is part of a composite name.
Any confusion with products corresponding to the wine categories in this Annex shall be avoided.
( 1 ) Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to
ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ L 165, 30.4.2004, p. 1).

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(2) New
wine
still
in
fermentation
"New wine still in fermentation" means the product in which the alcoholic fermentation is not yet complete and
which is not yet separated from its lees.
(3) Liqueur
wine
"Liqueur wine" means the product:
(a) which has an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume;
(b) which has a total alcoholic strength of not less than 17,5 % volume, except for certain liqueur wines with a
designation of origin or with a geographical indication appearing on a list to be drawn up by the Commission
by means of delegated acts pursuant to Article 75(2);
(c) which is obtained from:
— grape must in fermentation,
— wine,
— a combination of the above products, or
— grape must or a mixture thereof with wine for certain liqueur wines with a protected designation of origin or
a protected geographical indication, to be determined by the Commission by means of delegated acts
pursuant to Article 75(2);
(d) which has an initial natural alcoholic strength of not less than 12 % volume, except for certain liqueur wines
with a protected designation of origin or a protected geographical indication appearing on a list to be drawn up
by the Commission by means of delegated acts pursuant to Article 75(2);
(e) to which the following has been added:
(i) individually or in combination:
— neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an
actual alcoholic strength of not less than 96 % volume,
— wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not
more than 86 % volume;
(ii) together with one or more of the following products where appropriate:
— concentrated grape must,
— a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first
and fourth indent of point (c);
(f) to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a
protected designation of origin or a protected geographical indication are concerned which appear on a list to be
drawn up by the Commission by means of delegated acts pursuant to Article 75(2):
(i) either of products listed in point (e)(i) individually or in combination; or
(ii) one or more of the following products:
— wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and
not more than 96 % volume,
— spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 %
volume and not more than 86 % volume,
— spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of
less than 94,5 % volume; and

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(iii) one or more of the following products, where appropriate:
— partially fermented grape must obtained from raisined grapes,
— concentrated grape must obtained by the action of direct heat, complying, with the exception of this
operation, with the definition of concentrated grape must,
— concentrated grape must,
— a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and
fourth indents of point (c).
(4) Sparkling
wine
"Sparkling wine" means the product:
(a) which is obtained by first or second alcoholic fermentation:
— from fresh grapes,
— from grape must, or
— from wine;
(b) which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;
(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a
temperature of 20 °C in closed containers; and
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 %
volume.
(5) Quality
sparkling
wine
"Quality sparkling wine" means the product:
(a) which is obtained by first or second alcoholic fermentation:
— from fresh grapes,
— from grape must, or
— from wine;
(b) which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;
(c) which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a
temperature of 20 °C in closed containers; and
(d) for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 %
volume.
(6) Quality
aromatic
sparkling
wine
"Quality aromatic sparkling wine" means the quality sparkling wine:
(a) which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermen
tation which is derived from specific wine grape varieties on a list to be drawn up by the Commission by means
of delegated acts pursuant to Article 75(2).
Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée shall be
determined by the Commission by means of delegated acts pursuant to in Article 75(2);

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(b) which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a
temperature of 20°C in closed containers;
(c) of which the actual alcoholic strength may not be less than 6 % volume; and
(d) of which the total alcoholic strength may not be less than 10 % volume.
(7) Aerated
sparkling
wine
"Aerated sparkling wine" means the product which:
(a) is obtained from wine without a protected designation of origin or a protected geographical indication;
(b) releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas;
and
(c) has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of
20 °C in closed containers.
(8) Semi-sparkling
wine
"Semi-sparkling wine" means the product which:
(a) obtained from wine, new wine still in fermentation, grape must or grape must in fermentation in so far as these
products have a total alcohol strength of at least 9 % vol;
(b) has an actual alcoholic strength of not less than 7 % volume;
(c) has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than
2,5 bar when kept at a temperature of 20 °C in closed containers; and
(d) is placed in containers of 60 litres or less.
(9) Aerated
semi-sparkling
wine
"Aerated semi-sparkling wine" means the product which:
(a) obtained from wine, new wine still in fermentation, grape must or grape must in fermentation;
(b) has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 %
volume;
(c) has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in
closed containers due to carbon dioxide in solution which has been wholly or partially added; and
(d) is placed in containers of 60 litres or less.
(10) Grape must
"Grape must" means the liquid product obtained naturally or by physical processes from fresh grapes. An actual
alcoholic strength of the grape must of not more than 1 % volume is permissible.
(11) Partially fermented grape must
"Grape must in fermentation" means the product obtained from the fermentation of grape must which has an actual
alcoholic strength of more than 1 % volume but less than three fifths of its total alcoholic strength by volume.
(12) Partially fermented grape must extracted from raisined grapes
"Grape must in fermentation extracted from raisined grapes" means the product obtained from the partial fermen
tation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least
272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % volume.
However, certain wines, to be determined by the Commission by means of delegated acts pursuant to Article 75(2),
that meet these requirements shall not be considered to be grape must in fermentation extracted from raisined
grapes.

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(13) Concentrated grape must
"Concentrated grape must" means uncaramelised grape must which is obtained by partial dehydration of grape must
carried out by any authorised method other than by direct heat in such a way that the figure indicated by a
refractometer used in accordance with a method to be prescribed in accordance with the first subparagraph of
Article 80(5) and point (d) of the first subparagraph of Article 91 at a temperature of 20 °C is not less than 50,9 %.
An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible.
(14) Rectified concentrated grape must
"Rectified concentrated grape must" means:
(a) the liquid uncaramelised product which:
(i) is obtained by partial dehydration of grape must carried out by any authorised method other than direct
heat in such a way that the figure indicated by a refractometer used according to a method to be prescribed
in accordance with the first subparagraph of Article 80(5) and point (d) of the first subparagraph of
Article 91 at a temperature of 20 °C is not less than 61,7 %;
(ii) has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;
(iii) has the following characteristics:
— a pH of not more than 5 at 25 Brix,
— an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concen
trated at 25 Brix,
— a sucrose content undetectable by a method of analysis to be defined,
— a Folin-Ciocalteu index of not more than 6,00 at 25 Brix,
— a titratable acidity of not more than 15 millequivalents per kilogram of total sugars,
— a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,
— a total cation content of not more than 8 milliequivalents per kilogram of total sugars,
— a conductivity at 25 Brix and 20°C of not more than 120 micro-Siemens/cm,
— a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,
— presence of mesoinositol.
(b) the solid uncaramelised product which:
(i) is obtained by crystallisation of liquid rectified concentrated grape must without the use of solvents;
(ii) has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;
(iii) has the following characteristics after dilution in a solution at 25 Brix:
— a pH of not more than 7,5,
— an optical density at 425 nm for a thickness of 1 cm of not more than 0,100,
— a sucrose content undetectable by a method of analysis to be defined,
— a Folin-Ciocalteu index of not more than 6,00,
— a titratable acidity of not more than 15 millequivalents per kilogram of total sugars,
— a sulphur dioxide content of not more than 10 milligrams per kilogram of total sugars,

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— a total cation content of not more than 8 millequivalents per kilogram of total sugars,
— a conductivity at 20 °C of not more than 120 micro-Siemens/cm,
— a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,
— presence of mesoinositol.
An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % volume is permissible.
(15) Wine from raisined grapes
"Wine from raisined grapes" means the product which:
(a) is produced without enrichment, from grapes left in the sun or shade for partial dehydration;
(b) has a total alcoholic strength of at least 16 % volume and an actual alcoholic strength of at least 9 % volume;
and
(c) has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre).
(16) Wine of overripe grapes
"Wine of overripe grapes" means the product which:
(a) is produced without enrichment;
(b) has a natural alcoholic strength of more than 15 % volume; and
(c) has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than
12 % volume.
Member States may prescribe a period of ageing for this product.
(17) Wine vinegar
"Wine vinegar" means vinegar which:
(a) is obtained exclusively by acetous fermentation of wine; and
(b) has a total acidity of not less than 60 grams per litre expressed as acetic acid.
PART III
Milk and milk products
1. "Milk" means exclusively the normal mammary secretion obtained from one or more milkings without either addition
thereto or extraction therefrom.
However, the term "milk" may be used:
(a) for milk treated without altering its composition or for milk the fat content of which is standardised under Part IV;
(b) in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to
describe the physical treatment or the modification in composition to which it has been subjected, provided that
the modification is restricted to an addition and/or withdrawal of natural milk constituents.
2. For the purposes of this Part, "milk products" means products derived exclusively from milk, on the understanding
that substances necessary for their manufacture may be added provided that those substances are not used for the
purpose of replacing, in whole or in part, any milk constituent.

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The following shall be reserved exclusively for milk products.
(a) the following names used at all stages of marketing:
(i) whey,
(ii) cream,
(iii) butter,
(iv) buttermilk,
(v) butteroil,
(vi) caseins,
(vii) anhydrous milk fat (AMF),
(viii) cheese,
(ix) yogurt,
(x) kephir,
(xi) koumiss,
(xii) viili/fil,
(xiii) smetana,
(xiv) fil;
(xv) rjaenka,
(xvi) rūgupiens;
(b) names within the meaning of Article 5 of Directive 2000/13/EC or Article 17 of Regulation (EU) No 1169/2011
actually used for milk products.
3. The term 'milk' and the designations used for milk products may also be used in association with a word or words to
designate composite products of which no part takes or is intended to take the place of any milk constituent and of
which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product.
4. As regards milk, the animal species from which the milk originates shall be stated, if it is not bovine.
5. The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that
point.
However, this provision shall not apply to the designation of products the exact nature of which is clear from
traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.
6. In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document,
publicity material or any form of advertising as defined in Article 2 of Council Directive 2006/114/EC ( 1 ) or any form
of presentation may be used which claims, implies or suggests that the product is a dairy product.
However, in respect of a product which contains milk or milk products, the designation 'milk' or the designations
referred to in the second subparagraph of points 2 of this Part may be used only to describe the basic raw materials
and to list the ingredients in accordance with Directive 2000/13/EC or Regulation (EU) No 1169/2011.
( 1 ) Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative
advertising (OJ L 376, 27.12.2006, p. 21).

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PART IV
Milk for human consumption falling within CN code 0401
I. Definitions
For the purposes of this Part:
(a) 'milk' means the produce of the milking of one or more cows;
(b) 'drinking milk' means the products referred to in point III intended for delivery without further processing to the
consumer;
(c) 'fat content' means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;
(d) 'protein content' means the ratio by mass of parts of protein per hundred parts of milk in the milk concerned
(obtained by multiplying by 6,38 the total nitrogen content of the milk expressed as a percentage by mass).
II. Delivery or sale to the final consumer
1. Only milk complying with the requirements laid down for drinking milk may be delivered or sold without
processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens
or other similar mass caterers.
2. The sales descriptions to be used for those products shall be those given in point III. Those descriptions shall be
used only for the products referred to in that point, without prejudice to their use in composite descriptions.
3. Member States shall adopt measures to inform consumers of the nature and composition of the products
concerned where the absence of such information is likely to cause confusion.
III. Drinking milk
1. The following products shall be considered to be drinking milk:
(a) raw milk: milk which has not been heated above 40 o C or subjected to treatment having equivalent effect;
(b) whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:
(i) standardised whole milk: milk with a fat content of at least 3,50 % (m/m). However, Member States may
provide for an additional category of whole milk with a fat content of 4,00 % (m/m) or above;
(ii) non-standardised whole milk: milk with a fat content that has not been altered since the milking stage
either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has
been altered. However, the fat content may not be less than 3,50 % (m/m);
(c) semi-skimmed milk: heat-treated milk whose fat content has been reduced to at least 1,50 % (m/m) and at
most 1,80 % (m/m);
(d) skimmed-milk: heat-treated milk whose fat content has been reduced to not more than 0,50 % (m/m).
Heat-treated milk not complying with the fat content requirements laid down in points (b), (c) and (d) of the first
subparagraph shall be considered to be drinking milk provided that the fat content is clearly indicated with one
decimal and easily readable on the packaging in form of "… % fat". Such milk shall not be described as whole
milk, semi-skimmed milk or skimmed milk.
2. Without prejudice to point 1(b)(ii), only the following modifications shall be allowed:
(a) in order to meet the fat contents laid down for drinking milk, modification of the natural fat content by the
removal or addition of cream or the addition of whole milk, semi-skimmed milk or skimmed milk;

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(b) enrichment of milk with milk proteins, mineral salts or vitamins, in accordance with Regulation (EC)
No 1925/2006 of the European Parliament and of the Council ( 1 );
(c) reduction of the lactose content by conversion to glucose and galactose.
Modifications in the composition of milk referred to in points (b) and (c) shall be allowed only if they are indelibly
indicated on the packing of the product so that it can be easily seen and read. However, such indication shall not
remove the obligation as regards nutrition labelling laid down by Regulation (EU) No 1169/2011. Where proteins
are added, the protein content of the enriched milk must be 3,8 % (m/m) or more.
However, Member States may limit or prohibit modifications to the composition of milk referred to in points (b)
and (c).
3. Drinking milk shall:
(a) have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the
drinking milk collected;
(b) have a mass of not less than 1 028 grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of
20 °C or the equivalent weight per litre for milk having a different fat content;
(c) contain a minimum of 2,9 % (m/m) of protein for milk containing 3,5 % (m/m) of fat or an equivalent
concentration in the case of milk having a different fat content.
PART V
Products of the poultrymeat sector
I. This Part shall apply in relation to the marketing within the Union by way of business or trade, of certain types and
presentations of poultrymeat, and poultrymeat or poultry offal preparations and products, of the following species
— Gallus domesticus,
— ducks,
— geese,
— turkeys,
— guinea fowls.
These provisions shall also apply to poultrymeat in brine falling within CN code 0210 99 39.
II. Definitions
(1) "poultrymeat" means poultrymeat suitable for human consumption, which has not undergone any treatment
other than cold treatment;
(2) "fresh poultrymeat" means poultrymeat which has not been stiffened at any time by the cooling process prior to
being kept at a temperature not below – 2 °C and not higher than + 4 °C. However, Member States may lay down
slightly different temperature requirements for the minimum length of time necessary for the cutting and handling
of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and
handling are performed solely for the purpose of supplying the consumer directly on the spot;
(3) "frozen poultrymeat" means poultrymeat which must be frozen as soon as possible within the constraints of
normal slaughtering procedures and is to be kept at a temperature no higher than – 12 °C at any time;
(4) "quick-frozen poultrymeat" means poultrymeat which is to be kept at a temperature no higher than – 18 °C at
any time within the tolerances as provided for in Council Directive 89/108/EEC ( 2 );
( 1 ) Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and
minerals and of certain other substances to foods (OJ L 404, 30.12.2006, p. 26).
( 2 ) Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen
foodstuffs for human consumption (OJ L 40, 11.2.1999, p. 34).

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(5) "poultrymeat preparation" means poultrymeat including poultrymeat that has been reduced to fragments, which
has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify
the internal muscle fibre structure of the meat;
(6) "fresh poultrymeat preparation" means a poultrymeat preparation for which fresh poultrymeat has been used.
However, Member States may lay down slightly different temperature requirements to be applied for the
minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling
performed in the factory during the production of fresh poultrymeat preparations;
(7) "poultrymeat product" means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004
for which poultrymeat has been used.
III. Poultrymeat and poultrymeat preparations shall be marketed in one of the following conditions:
— fresh,
— frozen,
— quick-frozen.
PART VI
Eggs of hens of the Gallus gallus species
I. Scope
1. Without prejudice to Article 75 concerning the marketing standards of eggs for hatching and of farmyard poultry
chicks, this Part shall apply in relation to the marketing within the Union of the eggs produced in the Union,
imported from third countries or intended for export outside the Union.
2. Member States may exempt from the requirements provided for in this Part, with the exception of point III(3), eggs
sold directly to the final consumer by the producer:
(a) on the production site, or
(b) in a local public market or by door-to-door selling in the region of production of the Member State concerned.
Where such exemption is granted, each producer shall be able to choose whether to apply such exemption or not.
Where this exemption is applied, no quality and weight grading may be used.
The Member State may establish, in accordance with their national law, the definition of the terms 'local public
market', 'door-to-door selling' and 'region of production'.
II. Quality and weight grading
1. Eggs shall be graded by quality as follows:
(a) Class A or "fresh";
(b) Class B.
2. Class A eggs shall also be graded by weight. However, grading by weight shall not be required for eggs delivered to
the food and non-food industry.
3. Class B eggs shall only be delivered to the food and non-food industry.
III. Marking of eggs
1. Class A eggs shall be marked with the producer code.
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Member States may exempt Class B eggs from this requirement where those eggs are marketed exclusively on their
territory.
2. The marking of eggs in accordance with point 1 shall take place at the production site or at the first packing
centre to which eggs are delivered.
3. Eggs sold by the producer to the final consumer on a local public market in the region of production of the
Member State concerned shall be marked in accordance with point 1.
However, Member States may exempt from this requirement producers with up to 50 laying hens, provided that
the name and address of the producer are indicated at the point of sale.
PART VII
Spreadable fats
I. Sales description
The products referred to in point (f) of Article 78(1) may not be supplied or transferred without processing to the
ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they fulfil
the requirements set out in the Appendix II.
The sales descriptions of these products shall be those specified in Appendix II without prejudice to point II(2), (3)
and (4).
The sales descriptions in Appendix II shall be reserved to the products defined therein with the following CN codes
and having a fat content of at least 10 % but less than 90 % by weight:
(a) milk fats falling within CN codes 0405 and ex 2106;
(b) fats falling within CN code ex 1517;
(c) fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.
The fat content excluding salt shall be at least two-thirds of the dry matter.
However, those sales descriptions shall only apply to products which remain solid at a temperature of 20 °C and
which are suitable for use as spreads.
These definitions shall not apply to:
(a) the designation of products the exact nature of which is clear from traditional usage and/or when the designations
are clearly used to describe a characteristic quality of the product;
(b) concentrated products (butter, margarine, blends) with a fat content of 90 % or more.
II. Terminology
1. The term "traditional" may be used together with the name "butter" provided for in point 1 of part A of Appendix
II, where the product is obtained directly from milk or cream.
For the purposes of this point, "cream" means the product obtained from milk in the form of an emulsion of the
oil-in-water type with a milk-fat content of at least 10 %.
2. Terms for products referred to in Appendix II which state, imply or suggest fat content other than those referred to
in that Appendix shall be prohibited.
3. By way of derogation from paragraph 2 and in addition, the term "reduced-fat" or "light" may be used for products
referred to in Appendix II with a fat content of not more than 62 %.
The term "reduced-fat" and the term "light" may, however, replace the terms "three-quarter-fat" or "half-fat" used in
Appendix II.
4. The sales descriptions "minarine" or "halvarine" may be used for products referred to in point 3 of Part B of
Appendix II.

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5. The term "vegetable" may be used together with the sales descriptions in Part B of Appendix II, provided that the
product contains only fat of vegetable origin with a tolerance of 2 % of the fat content for animal fats. This
tolerance shall also apply where reference is made to a vegetable species.
PART VIII
Descriptions and definitions of olive oil and olive pomace oils
The use of the descriptions and definitions of olive oils and olive pomace oils set out in this Part shall be compulsory as
regards the marketing of the products concerned within the Union and, insofar as compatible with international
compulsory rules, in trade with third countries.
Only oils referred to in points 1(a) and (b), 3 and 6 may be marketed at the retail stage.
(1) VIRGIN OLIVE OILS
"Virgin olive oils" mean oils obtained from the fruit of the olive tree solely by mechanical or other physical means
under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than
washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants
having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.
Virgin olive oils are exclusively classified and described as follows:
(a) Extra virgin olive oil
"Extra virgin olive oil" means virgin olive oil having a maximum free acidity in terms of oleic acid, of 0,8 g per
100 g, the other characteristics of which comply with those laid down by the Commission in accordance with
Article 75(2) for this category.
(b) Virgin olive oil
"Virgin olive oil" means virgin olive oil having a maximum free acidity in terms of oleic acid, of 2 g per 100 g,
the other characteristics of which comply with those laid down by the Commission in accordance with
Article 75(2) for this category.
(c) Lampante olive oil
"Lampante olive oil" means virgin olive oil having a free acidity in terms of oleic acid, of more than 2 g per 100
g, and/or the other characteristics of which comply with those laid down by the Commission in accordance with
Article 75(2) for this category.
(2) REFINED OLIVE OIL
"Refined olive oil" means olive oil obtained by refining virgin olive oil, having a free acidity content, expressed as
oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down by
the Commission in accordance with Article 75(2) for this category.
(3) OLIVE OIL — COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS
"Olive oils composed of refined olive oils and virgin olive oils" means olive oil obtained by blending refined olive oil
and virgin olive oil other than lampante olive oil, having a free acidity content, expressed as oleic acid, of not more
than 1 g per 100 g, and the other characteristics of which comply with those laid down by the Commission in
accordance with Article 75(2) for this category.
(4) CRUDE OLIVE-POMACE OIL
"Crude olive-pomace oil" means oil obtained from olive pomace by treatment with solvents or by physical means or
oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of
re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid
down by the Commission in accordance with Article 75(2) for this category.

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(5) REFINED OLIVE-POMACE OIL
"Refined olive-pomace oil" means oil obtained by refining crude olive-pomace oil, having free acidity content,
expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with
those laid down by the Commission in accordance with Article 75(2) for this category.
(6) OLIVE-POMACE OIL
"Olive-pomace oil" means oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante
olive oil, having a free acidity content, expressed as oleic acid, of not more than 1 g per 100 g, and the other
characteristics of which comply with those laid down by the Commission in accordance with Article 75(2) for this
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Appendix I
Wine-growing zones
The wine-growing zones shall be the following:
(1) Wine-growing zone A comprises:
(a) in Germany: the areas planted with vines other than those included in point 2(a);
(b) in Luxembourg: the Luxembourg wine-growing region;
(c) in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom: the wine-growing areas
of these Member States;
(d) in the Czech Republic: the wine growing region of echy.
(2) Wine-growing zone B comprises:
(a) in Germany, the areas planted with vines in the specified region Baden;
(b) in France, the areas planted with vines in the departments not mentioned in this Annex and in the following
departments:
— in Alsace: Bas-Rhin, Haut-Rhin,
— in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges,
— in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne,
— in the Jura: Ain, Doubs, Jura, Haute-Sane,
— in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan),
— in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-
Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the
department of Nièvre;
(c) in Austria, the Austrian wine-growing area;
(d) in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in
point 1(d);
(e) in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblas,
Junoslovenská vinohradnícka oblas, Nitrianska vinohradnícka oblas, Stredoslovenská vinohradnícka oblas,
Vchodoslovenská vinohradnícka oblas and the wine growing areas not included in point 3(f);
(f) in Slovenia, the areas planted with vines in the following regions:
— in the Podravje region: tajerska Slovenija, Prekmurje,
— in the Posavje region: Bizeljsko Sremi, Dolenjska and Bela krajina, and the areas planted with vines in the
regions not included in point 4(d);
(g) in Romania, in the area of Podiul Transilvaniei;
(h) in Croatia, the areas planted with vines in the following sub-regions: Moslavina, Prigorje-Bilogora, Pleivica,
Pokuplje and Zagorje-Meimurje.
(3) Wine-growing zone C I comprises:
(a) in France, areas planted with vines:
— in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège,
Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Cte-d'Or, Dordogne, Haute-Garonne, Gers,
Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-
et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dme, Pyrénées-Atlan
tiques, Hautes-Pyrénées, Rhne, Sane-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,

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— in the arrondissements of Valence and Die in the department of Drme (except for the cantons of Dieulefit,
Loriol, Marsanne and Montélimar),
— in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon,
Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhne of the department of
Ardèche;
(b) in Italy, areas planted with vines in the Valle d'Aosta region and in the provinces of Sondrio, Bolzano, Trento and
Belluno;
(c) in Spain, areas planted with vines in the provinces of A Corua, Asturias, Cantabria, Guipúzcoa and Vizcaya;
(d) in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine
area of 'Vinho Verde' as well as the "Concelhos de Bombarral, Lourinh, Mafra e Torres Vedras" (with the
exception of "Freguesias da Carvoeira e Dois Portos"), belonging to the 'Regio viticola da Extremadura';
(e) in Hungary, all areas planted with vines;
(f) in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblas;
(g) in Romania, areas planted with vines not included in point 2(g) or 4(f);
(h) in Croatia, areas planted with vines in the following sub-regions: Hrvatsko Podunavlje and Slavonija.
(4) Wine-growing zone C II comprises:
(a) in France, areas planted with vines:
— in the following departments: Aude, Bouches-du-Rhne, Gard, Hérault, Pyrénées-Orientales (except for the
cantons of Olette and Arles-sur-Tech), Vaucluse,
— in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos,
Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-
Maxime,
— in the arrondissement of Nyons and the canton of Loriol-sur-Drme in the department of Drme,
— in those parts of the department of Ardèche not listed in point 3(a);
(b) in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia
Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria,
Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the
other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;
(c) in Spain, areas planted with vines in the following provinces:
— Lugo, Orense, Pontevedra,
— vila (except for the communes which correspond to the designated wine 'comarca' of Cebreros), Burgos,
León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,
— La Rioja,
— lava,
— Navarra,
— Huesca,
— Barcelona, Girona, Lleida,
— in that part of the province of Zaragoza which lies to the north of the river Ebro,
— in those communes of the province of Tarragona included in the Penedés designation of origin,

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— in that part of the province of Tarragona which corresponds to the designated wine 'comarca' of Conca de
Barberá;
(d) in Slovenia, areas planted with vines in the following regions: Brda or Gorika Brda, Vipavska dolina or Vipava,
Kras and Slovenska Istra;
(e) in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Cherno
morski Rayon (Черноморски район), Rozova Dolina (Розова долина);
(f) in Romania, areas planted with vines in the following regions:
Dealurile Buzului, Dealu Mare, Severinului and Plaiurile Drncei, Colinele Dobrogei, Terasele Dunrii, the South
wine region, including sands and other favourable regions;
(g) in Croatia, areas planted with vines in the following sub-regions: Hrvatska Istra, Hrvatsko primorje, Dalmatinska
zagora, Sjeverna Dalmacija and Srednja i Juna Dalmacija.
(5) Wine-growing zone C III (a) comprises:
(a) in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina,
Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira
(Santorini);
(b) in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;
(c) in Bulgaria, areas planted with vines not included in point 4(e).
(6) Wine-growing zone C III (b) comprises:
(a) in France, areas planted with vines:
— in the departments of Corsica,
— in that part of the department of Var situated between the sea and a line bounded by the communes (which
are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-
Freinet, Plan-de-la-Tour and Sainte-Maxime,
— in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales;
(b) in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including
the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands;
(c) in Greece, areas planted with vines not listed in point 5(a);
(d) in Spain: areas planted with vines not included in points 3(c) or 4(c);
(e) in Portugal, areas planted with vines in the regions not included in point 3(d);
(f) in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;
(g) in Malta, areas planted with vines.
(7) The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from
the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on
1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998.

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Appendix II
Spreadable fats
Fat group
Product categories
Sales description
Definitions
Additional description of the category with an indication of
the % fat content by weight
A. Milk fats
1. Butter The
product
with
a
milk-fat
content
of
not
less
than
80 % but less than 90 %, a maximum water content
Products in the form of a solid,
of 16 % and a maximum dry non-fat milk-material
malleable emulsion, principally of the
content of 2 %.
water-in-oil type, derived exclusively
from milk and/or certain milk
products, for which the fat is the
essential constituent of value.
2. Three-quarter
fat The product with a milk-fat content of not less than
However, other substances necessary
butter (*)
60 % but not more than 62 %.
for their manufacture may be added,
provided those substances are not
used for the purpose of replacing, 3. Half fat butter (**) The
product
with
a
milk-fat
content
of
not
less
than
either in whole or in part, any milk
39 % but not more than 41 %.
constituents.
4. Dairy spread X % The
product
with
the
following
milk-fat
contents:
— less than 39 %,
— more than 41 % but less than 60 %,
— more than 62 % but less than 80 %.
B. Fats
1. Margarine The
product
obtained
from
vegetable
and/or
animal
fats with a fat content of not less than 80 % but less
Products in the form of a solid,
than 90 %.
malleable emulsion, principally of the
water-in-oil type, derived from solid
and/or liquid vegetable and/or animal
fats suitable for human consumption, 2. Three-quarter-fat
The product obtained from vegetable and/or animal
with a milk-fat content of not more
margarine (***)
fats with a fat content of not less than 60 % but nor
than 3 % or the fat content.
more than 62 %.
3. Half-fat
margar The product obtained from vegetable and/or animal
ine (****)
fats with a fat content of not less than 39 % but not
more than 41 %.
4. Fat spreads X % The
product
obtained
from
vegetable
and/or
animal
fats with the following fat contents:
— less than 39 %,
— more than 41 % but less than 60 %,
— more than 62 % but less than 80 %.
C. Fats composed of plant and/or 1. Blend The
product
obtained
from
a
mixture
of
vegetable
animal products
and/or animal fats with a fat content of not less
than 80 % but less than 90 %.
Products in the form of a solid,
malleable emulsion principally of the
water-in-oil type, derived from solid
and/or liquid vegetable and/or animals 2. Three-quarter-fat
The product obtained from a mixture of vegetable
fats suitable for human consumption,
blend (*****)
and/or animal fats with a fat content of not less
with a milk-fat content of between
than 60 % but not more than 62 %.
10 % and 80 % of the fat content.
3. Half-fat
The product obtained from a mixture of vegetable
blend (******)
and/or animal fats with a fat content of not less
than 39 % but not more than 41 %.

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Fat group
Product categories
Sales description
Definitions
Additional description of the category with an indication of
the % fat content by weight
4. Blended spread X % The
product
obtained
from
a
mixture
of
vegetable
and/or animal fats with the following fat contents:
— less than 39 %,
— more than 41 % but less than 60 %,
— more than 62 % but less than 80 %.
(*) corresponding to 'smr 60' in Danish.
(**) corresponding to 'smr 40' in Danish.
(***) corresponding to 'margarine 60' in Danish.
(****) corresponding to 'margarine 40' in Danish.
(*****) corresponding to 'blandingsprodukt 60' in Danish.
(******) corresponding to 'blandingsprodukt 40' in Danish.

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ANNEX VIII
OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 80
PART I
Enrichment, acidification and de-acidification in certain wine-growing zones
A. Enrichment limits
1. Where climatic conditions have made it necessary in certain wine-growing zones of the Union, the Member States
concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must
in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to
Article 81.
2. The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred
to in Section B and shall not exceed the following limits:
(a) 3 % volume in wine-growing zone A;
(b) 2 % volume in wine-growing zone B;
(c) 1,5 % volume in wine-growing zones C.
3. In years when climatic conditions have been exceptionally unfavourable, Member States may request that the limit(s)
laid down in point 2 be raised by 0,5 %. In response to such a request, the Commission under the powers as referred
to in Article 91 shall adopt the implementing act as soon as possible. The Commission shall endeavour to take a
decision within four weeks after the request has been submitted.
B. Enrichment processes
1. The increase in natural alcoholic strength by volume provided for in Section A shall only be effected:
(a) in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose,
concentrated grape must or rectified concentrated grape must;
(b) in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by
partial concentration, including reverse osmosis;
(c) in respect of wine, by partial concentration through cooling.
2. The processes referred to in point 1 shall be mutually exclusive where wine or grape must is enriched with concen
trated grape must or rectified concentrated grape must and an aid has been paid under Article 103y of Regulation (EC)
No 1234/2007.
3. The addition of sucrose provided for in points 1(a) and (b) may only be performed by dry sugaring and only in the
following areas:
(a) wine-growing zone A;
(b) wine-growing zone B;
(c) wine-growing zone C,
with the exception of vineyards in Greece, Spain, Italy, Cyprus, Portugal and vineyards in the French departments
under jurisdiction of the courts of appeal of:
— Aix-en-Provence,
— Nmes,
— Montpellier,
— Toulouse,
— Agen,

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— Pau,
— Bordeaux,
— Bastia.
However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the above
mentioned French departments. France shall notify the Commission and the other Member States forthwith of any
such authorisations.
4. The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing
the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation
by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C.
5. The concentration of grape must or of wine subjected to the processes referred to in point 1:
(a) shall not have the effect of reducing the initial volume of these products by more than 20 %;
(b) shall, notwithstanding point 2(c) of Section A, not increase the natural alcoholic strength of these products by
more than 2 % volume.
6. The processes referred to in points 1 and 5 shall not raise the total alcoholic strength by volume of the fresh grapes,
grape must, grape must in fermentation, new wine still in fermentation, or wine:
(a) in wine-growing zone A to more than 11,5 % volume;
(b) in wine-growing zone B to more than 12 % volume;
(c) in wine-growing zone C I to more than 12,5 % volume;
(d) in wine-growing zone C II to more than 13 % volume; and
(e) in wine-growing zone C III to more than 13,5 % volume.
7. By way of derogation from point 6, Member States may:
(a) in relation to red wine, raise the upper limit of total alcoholic strength by volume of the products referred to in
point 6 to 12 % volume in wine-growing zone A and 12,5 % volume in wine-growing zone B;
(b) raise the total alcoholic strength by volume of the products referred to in point 6 for the production of wines with
a designation of origin to a level to be determined by Member States.
C. Acidification and de-acidification
1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:
(a) de-acidification in wine-growing zones A, B and C I;
(b) acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7; or
(c) acidification in wine-growing zone C III (b).
2. Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l
expressed as tartaric acid, or 20 milliequivalents per litre.
3. Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequi
valents per litre.
4. De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequi
valents per litre.
5. Grape must intended for concentration may be partially de-acidified.

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6. Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise
acidification of the products referred to in point 1 in wine-growing zones A and B, under the conditions referred to in
points 2 and 3.
7. 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.
D. Processes
1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of
wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of
delegated acts pursuant to Article 75(2), at the time when the fresh grapes, grape must, grape must in fermentation or
new wine still in fermentation are being turned into wine or into any other wine sector beverage intended for direct
human consumption other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh
grapes used were harvested.
2. The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.
3. Acidification and de-acidification of wines shall take place only in the wine-making undertaking and in the wine-
growing zone where the grapes used to produce the wine in question were harvested.
4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall
apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the
exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers,
processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 75(2),
at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The
notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.
5. Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided
for in Article 147, under cover of which the products having undergone the processes are put into circulation.
6. The processes referred to in Sections B and C, subject to derogations justified by exceptional climatic conditions, shall
not be carried out:
(a) in wine-growing zone C after 1 January;
(b) in wine-growing zones A and B after 16 March, and they shall be carried out only for products of the grape
harvest immediately preceding those dates.
7. Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised
throughout the year.
PART II
Restrictions
A. General
1. All authorised oenological practices shall exclude the addition of water, except where required on account of a specific
technical necessity.
2. All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh
grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for
distillation and semi-sparkling wine.
3. Wine fortified for distillation shall only be used for distillation.
B. Fresh grapes, grape must and grape juice
1. Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of
preparation of products which do not fall within CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice
to any stricter provisions which Member States may apply to the preparation in their territory of products which do
not fall within CN codes 2204 10, 2204 21 and 2204 29.
2. Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo
alcoholic fermentation in the territory of the Union.

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3. Points 1 and 2 shall not apply to products intended for the production, in Ireland, Poland and the United Kingdom, 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'.
4. Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of
liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the
manufacture of wine of overripe grapes.
5. Fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must,
grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or
mixtures of those products, originating in third countries, may not be turned into products referred to in Part II of
Annex VII or added to such products in the territory of the Union.
C. Blending of wines
Coupage of a wine originating in a third country with a Union wine and coupage between wines originating in third
countries shall be prohibited in the Union.
D. By-products
1. The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical
conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of
grapes.
The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to
5 % in relation to the volume of alcohol contained in the wine produced.
2. Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not
be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be
allowed under conditions to be determined by the Commission by means of delegated acts pursuant to Article 75(2)
where this practice is traditionally used for the production of 'Tokaji fordítás' and 'Tokaji máslás' in Hungary and
'Tokajsk forditá' and 'Tokajsk málá' in Slovakia.
3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of
piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the
products obtained are of sound, fair and marketable quality.
4. Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for
consumption in wine-producers' households.
5. Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of
distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose
of them subject to conditions to be determined by the Commission by means of delegated acts pursuant to
Article 75(2).

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ANNEX IX
OPTIONAL RESERVED TERMS
Product category
(reference to combined nomenclature classification)
Optional reserved term
poultrymeat
fed with … % of …
(CN codes 0207 and 0210)
oats fed goose
extensive indoor / barn-reared
free range
traditional free range
free range – total freedom
age at slaughter
length of fattening period
eggs
fresh
(CN code 0407)
extra or extra fresh
indication on how laying hens are fed
olive oil
first cold pressing
(CN code 1509)
cold extraction
acidity
pungent
fruity: ripe or green
bitter
intense
medium
light
well-balanced
mild oil

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ANNEX X
PURCHASE TERMS FOR BEET DURING THE PERIODREFERRED TO IN ARTICLE 125(3)
POINT I
1. Delivery contracts shall be made in writing for a specified quantity of beet.
2. The duration of the delivery contracts may be pluriannual.
3. Delivery contracts may specify whether an additional quantity of beet may be supplied, and under what terms.
POINT II
1. Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in Point I.
2. The price referred to in paragraph 1 shall apply to sugar beet of a standard quality as defined in point B of Annex III.
The price shall be adjusted by price increases or reductions, agreed by the parties in advance, to allow for deviations
from the standard quality.
3. The delivery contract shall specify how the evolution of market prices is to be allocated between the parties.
4. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the
different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the
sugar content shown in the delivery contract.
The scale shall be based on the yields corresponding to the different sugar contents.
POINT III
Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.
POINT IV
1. Delivery contracts shall provide for beet collection places and the conditions linked to delivery and transport.
2. Delivery contracts shall provide that responsibility for loading and transport costs from the collection places are clearly
stipulated. Where delivery contracts require sugar undertakings to contribute to loading and transport costs, the
percentage or amounts shall be clearly stipulated.
3. Delivery contracts shall provide that the costs incumbent upon each party are clearly specified.
POINT V
1. Delivery contracts shall provide for reception points for beet.
2. Where beet sellers and sugar undertakings have already signed a delivery contract for the previous marketing year, the
reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements
within the trade may derogate from this provision.
POINT VI
1. Delivery contracts shall provide for the sugar content to be determined using the polarimetric method or, in order to
take into account technological developments, another method agreed between the two parties. A sample of the beet
shall be drawn at the time of reception.
2. Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery
contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the
drawing of the sample.

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POINT VII
Delivery contracts shall provide for the gross weight, tare and sugar content to be determined using procedures agreed:
(a) jointly, by the sugar undertaking and the beet growers' trade organisation, if an agreement within the trade so
provides;
(b) by the sugar undertaking, under the supervision of the beet growers' trade organisation;
(c) by the sugar undertaking, under the supervision of an expert recognised by the Member State concerned, provided the
beet seller defrays the costs thereof.
POINT VIII
1. Delivery contracts shall require sugar undertakings to do one or more of the following for the whole quantity of beet
delivered:
(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the beet seller, ex-factory;
(b) to return part of that pulp, pressed, dried or dried and molassed, free of charge to the beet seller, ex-factory;
(c) to return the pulp, pressed or dried, to the beet seller, ex-factory; in this case, the sugar undertaking may require
the beet seller to pay the pressing or drying costs;
(d) to pay the beet seller compensation which takes account of the possibilities of selling the pulp concerned.
2. When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall
impose more than one of the obligations provided for in paragraph 1.
3. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in points (a),
(b) and (c) of paragraph 1.
POINT IX
Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.
POINT X
Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain
provisions governing other matters, their provisions and effects shall not conflict with this Annex.
POINT XI
1. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration
clauses.
2. Agreements within the trade may lay down a standard template for delivery contracts compatible with this Regulation
and Union rules.
3. Where agreements within the trade at Union, regional or local level lay down rules covering matters which are dealt
with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall
not conflict with this Annex.
4. Agreements referred to in paragraph 3 lay down, in particular:
(a) the conversion scale referred to in Point II(4);
(b) rules on the choice and supply of seeds of the varieties of beet to be produced;
(c) the minimum sugar content of beet to be delivered;

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(d) a requirement for consultation between the sugar undertaking and the beet sellers' representatives before the
starting date of beet deliveries is fixed;
(e) the payment of premiums to beet sellers for early or late deliveries;
(f) details of the conditions and costs relating to pulp as referred to in Point VIII;
(g) the removal of the pulp by the beet seller;
(h) rules on adapting prices in cases where pluriannual contracts are agreed;
(i) rules on sampling and methods for determining gross weight, tare and sugar content.

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ANNEX XI
PURCHASE TERMS FOR BEET DURING THE PERIOD REFERRED TO IN ARTICLE 124
POINT I
1. Delivery contracts shall be made in writing for a specified quantity of quota beet.
2. Delivery contracts shall specify whether an additional quantity of beet may be supplied, and under what terms.
POINT II
1. Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in point (a) and, if
appropriate, point (b) of Article 127(2). In the case of the quantities referred to in point (a) of Article 127(2),
those prices may not be lower than the minimum price for quota beet referred to in Article 135.
2. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the
different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the
sugar content shown in the delivery contract.
The scale shall be based on the yields corresponding to the different sugar contents.
3. Where a beet seller has signed a delivery contract with a sugar undertaking for the delivery of beet as referred to in
point (a) of Article 127(2), all deliveries by that seller, converted in accordance with paragraph 2 of this Point, shall be
considered to be deliveries within the meaning of point (a) of Article 127(2), up to the quantity of beet specified in the
delivery contract.
4. Sugar undertakings producing a quantity of sugar lower than their quota beet for which they have signed pre-sowing
delivery contracts under point (a) of Article 127(2), shall distribute the quantity of beet corresponding to any
additional production up to the amount of their quota among the beet sellers with whom they have signed pre-
sowing delivery contracts within the meaning of point (a) of Article 127(2).
Agreements within the trade may derogate from this provision.
POINT III
1. Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries.
2. Provisions referred to in paragraph 1 shall be those applicable during the previous marketing year, taking account of
the level of actual production; agreements within the trade may derogate therefrom.
POINT IV
1. Delivery contracts shall provide for beet collection places.
2. Where beet sellers and sugar undertakings have already signed a delivery contract for the previous marketing year, the
collection places agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements
within the trade may derogate from this provision.
3. Delivery contracts shall provide that loading and transport costs from the collection places are to be borne by the
sugar undertaking subject to special agreements based on local rules or usages in operation before the previous
marketing year.
4. However, in Denmark, Ireland, Greece, Spain, Portugal, Finland and the United Kingdom, where beet is delivered free-
at-factory, delivery contracts shall require sugar undertakings to contribute to loading and transport costs and shall
stipulate the percentage or amounts.
POINT V
1. Delivery contracts shall provide for reception points for beet.
2. Where beet sellers and sugar undertakings have already signed a delivery contract for the previous marketing year, the
reception points agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements
within the trade may derogate from this provision.

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POINT VI
1. Delivery contracts shall provide for the sugar content to be determined using the polarimetric method. A sample of
the beet shall be drawn at the time of reception.
2. Agreements within the trade may provide for samples to be drawn at another stage. In such cases, the delivery
contract shall provide for a correction to compensate for any drop in the sugar content between the reception and the
drawing of the sample.
POINT VII
Delivery contracts shall provide for gross weight, tare and sugar content to be determined using one of the following
procedures:
(a) jointly, by the sugar undertaking and the beet growers' trade organisation, if an agreement within the trade so
provides;
(b) by the sugar undertaking, under the supervision of the beet growers' trade organisation;
(c) by the sugar undertakings, under the supervision of an expert recognised by the Member State concerned, provided
the beet seller defrays the costs thereof.
POINT VIII
1. Delivery contracts shall require sugar undertakings to do one or more of the following for the whole quantity of beet
delivered:
(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the beet seller, ex-factory;
(b) to return part of that pulp, pressed, dried or dried and molassed, free of charge to the beet seller, ex-factory;
(c) to return the pulp, pressed or dried, to the beet seller, ex-factory; in this case, the sugar undertaking may require
the beet seller to pay the pressing or drying costs;
(d) to pay the beet seller compensation which takes account of the possibilities of selling the pulp concerned.
2. When parts of the whole quantity of beet delivered are subject to different treatment, the delivery contract shall
impose more than one of the obligations provided for in paragraph 1.
3. Agreements within the trade may provide for pulp to be delivered at a stage other than that referred to in points (a),
(b) and (c) of paragraph 1.
POINT IX
1. Delivery contracts shall fix the time limits for any advance payments and for payment of the purchase price for beet.
2. The time limits referred to in paragraph 1 shall be those valid during the previous marketing year. Agreements within
the trade may derogate from this provision.
POINT X
Where delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain
provisions governing other matters, their provisions and effects shall not conflict with this Annex.
POINT XI
1. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration
clauses.
2. Where agreements within the trade at Union, regional or local level lay down rules covering matters which are dealt
with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall
not conflict with this Annex.

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/837
3. Agreements referred to in paragraph 2 lay down, in particular:
(a) rules on the distribution to beet sellers of quantities of beet which the sugar undertaking decides to buy prior to
sowing, for the manufacture of sugar within the limits of the quota;
(b) rules on distribution as referred to in Point II(4);
(c) the conversion scale referred to in Point II(2);
(d) rules on the choice and supply of seeds of the varieties of beet to be produced;
(e) the minimum sugar content of beet to be delivered;
(f) a requirement for consultation between the sugar undertaking and the beet sellers' representatives before the
starting date of beet deliveries is fixed;
(g) the payment of premiums to beet sellers for early or late deliveries;
(h) details of:
(i) the part of the pulp referred to in Point VIII(1)(b),
(ii) the costs referred to in Point VIII(1)(c),
(iii) the compensation referred to in Point VIII(1)(d);
(i) the removal of pulp by the beet seller;
(j) without prejudice to Article 135, rules on how any difference between the reference threshold and the actual
selling price of the sugar is to be allocated between the sugar undertaking and beet sellers.
POINT XII
Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar
within the quota limits which the sugar undertaking offers to buy before sowing should be allocated among the beet
sellers, the Member State concerned may itself lay down rules for such allocation.
Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they would
enjoy if they belonged to such cooperatives.

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L 347/838
EN
Official Journal of the European Union
20.12.2013
ANNEX XII
NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF SUGAR, ISOGLUCOSE AND INULIN
SYRUP AS REFERRED TO IN ARTICLE 136
(in tonnes)
Member States or regions
Sugar
Isoglucose
Inulin syrup
(1)
(2)
(3)
(4)
Belgium 676
235,0 114
580,2
0
Bulgaria
0 89
198,0
Czech Republic 372
459,3
Denmark 372
383,0
Germany 2
898
255,7 56
638,2
Ireland
0
Greece 158
702,0
0
Spain 498
480,2 53
810,2
France (metropolitan) 3
004
811,15
0
French overseas departments 432
220,05
Croatia 192
877,0
Italy 508
379,0 32
492,5
Latvia
0
Lithuania 90
252,0
Hungary 105
420,0 250
265,8
Netherlands 804
888,0
0
0
Austria 351
027,4
Poland 1
405
608,1 42
861,4
Portugal (mainland)
0 12
500,0
Autonomous Region of the Azores 9
953,0
Romania 104
688,8
0
Slovenia
0
Slovakia 112
319,5 68
094,5
Finland 80
999,0
0
Sweden 293
186,0
United Kingdom 1
056
474,0
0
TOTAL 13
529
618,2 720
440,8
0

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/839
ANNEX XIII
DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH
ARTICLE 138
POINT I
For the purpose of this Annex:
(a) "merger of undertakings" means the consolidation of two or more undertakings into a single undertaking;
(b) "transfer of an undertaking" means the transfer or absorption of the assets of an undertaking having quota to one or
more undertakings;
(c) "transfer of a factory" means the transfer of ownership of a technical unit, including all the plant required to
manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of
the production of the undertaking making the transfer;
(d) "lease of a factory" means the leasehold contract of a technical unit including all the plant required for the manu
facture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years,
which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is
established in the same Member State as the factory concerned, if, after the lease takes effect, the undertaking which
rents the factory can be considered to be a solely sugar-producing undertaking for its entire production.
POINT II
1. Without prejudice to paragraph 2, in the event of the merger or transfer of sugar-producing undertakings or the
transfer of sugar factories, the quota shall be adjusted as follows:
(a) in the event of the merger of sugar-producing undertakings, Member States shall allocate to the undertaking
resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-
producing undertakings concerned;
(b) in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the
transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one
transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of
them;
(c) in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking
transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or under
takings purchasing the factory in question by the quantity deducted in proportion to the production absorbed.
2. Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in paragraph
1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to
those operations, the Member State may make the allocation on the basis of the production absorbed by the under
taking to which they intend to supply their beet or cane.
3. In the event of closure, in circumstances other than those referred to in paragraph 1, of:
(a) a sugar-producing undertaking,
(b) one or more factories of a sugar-producing undertaking.
the Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing
undertakings.
Also in the case referred to in point (b) of the first subparagraph, where some of the producers concerned expressly
show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may
allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they
intend to supply with those products.
4. Where the derogation referred to in Article 127(5) is invoked, the Member State concerned may require the beet
growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade
special clauses enabling the Member State to apply paragraphs 2 and 3 of this Point.

---

L 347/840
EN
Official Journal of the European Union
20.12.2013
5. In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the
quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the
undertaking which rents the factory in order to produce sugar in it.
If the lease is terminated during the period of three marketing years referred to in Point I(d) the adjustment of quota
under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which
the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be
bound to cancel the adjustment.
6. Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Union legislation
towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent
authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the
quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed.
7. Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into
ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all
or part of the sugar production quotas to one or more other undertakings for one or more marketing years.
POINT III
In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing
factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other
undertakings, whether or not they have a production quota.
POINT IV
The measures taken pursuant to Points II and III may take effect only if the following conditions are met:
(a) the interests of each of the parties concerned are taken into consideration;
(b) the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-
manufacturing sectors;
(c) they concern undertakings established in the same territory for which the quota is set in Annex XII.
POINT V
When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in
Points II and III shall take effect for the current marketing year.
When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in
Points II and III shall take effect for the following marketing year.
POINT VI
Where Points II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15
days after the expiry of the periods referred to in Point V.

---

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/841
ANNEX XIV
CORRELATION TABLE REFERRED TO IN ARTICLE 230
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 1 Article
1
—
Article 2(1) Article
3(1)
and
(2)
—
Article 2(2)(a) and (b)
—
—
Article 2(2)(c) Article
15(1)(a)
—
Article 3 Article
6
—
Article 4
—
—
Article 5, first paragraph
—
—
Article 5, second paragraph, first part Article
3(4)
—
Article 5, second paragraph, second
—
—
part
Article 5, third paragraph Article
5(a)
—
Article 6
—
—
Article 7 Article
9
—
Article 8 Article
7
—
Article 9 Article
126
—
Article 10 Article
11
—
Article 11 Article
12
—
Article 12 Article
13
—
Article 13 Article
14
( 1 )
—
Article 14 (deleted)
—
—
Article 15 (deleted)
—
—
Article 16 (deleted)
—
—
Article 17 (deleted)
—
—
Article 18(1) to(4) Article
15(2)
( 1 )
—
Article 18(5)
—
—
Article 19 (deleted)
—
—
Article 20 (deleted)
—
—
Article 21 (deleted)
—
—
Article 22 (deleted)
—
—
Article 23 (deleted)
—
—
Article 24 (deleted)
—
—
Article 25 Article
16(1)
—

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L 347/842
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 26
—
—
Article 27
—
—
Article 28
—
—
Article 29
—
—
Article 30 (deleted)
—
—
Article 31 Article
17
—
Article 32
—
—
Article 33 [Article
18]
—
Article 34 [Article
18]
—
Article 35 (deleted)
—
—
Article 36 (deleted)
—
—
Article 37 [Article
18]
—
Article 38 [Article
18]
—
Article 39 [Article
19(3)]
—
Article 40 [Article
19(5)(a)
and
Article
20(o)(iii)] —
Article 41
—
—
Article 42(1) Article
10
—
Article 42(2) Article
20(u)
—
Article 43(a) to (f), (i), (j) and (l) Articles
19
and
20
—
Article 43(g), (h) and (k)
—
—
Article 44 Article
220(1)(a),
(2)
and
(3)
—
Article 45 Article
220(1)(b),
(2)
and
(3)
—
Article 46(1) Article
220(5)
—
Article 46(2) Article
220(6)
—
Article 47 Article
219
—
Article 48 Article
219
—
Article 49 Article
135
( 1 )
—
Article 50 Articles
125
and
127
—
Article 51 Article
128
( 1 )
—
Article 52 Article
130
—
Article 52a
—
—
Article 53(a) Article
132(c)
—
Article 53(b) Article
130(2)
—
Article 53(c) Article
130(6)
—

---

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/843
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 54 Article
166
—
Article 55 —
( 2 )
—
Article 56 Article
136
—
Article 57 Article
137
—
Article 58
—
—
Article 59
—
—
Article 60 Article
138
—
Article 61 Article
139
—
Article 62 Article
140
—
Article 63 Article
141
—
Article 64(1) Article
142(1)
—
Article 64(2) and(3) Article
142(2)
( 1 )
—
Article 65 —
( 2 )
—
Article 66
—
—
Article 67
—
—
Article 68
—
—
Article 69
—
—
Article 70
—
—
Article 71
—
—
Article 72
—
—
Article 73
—
—
Article 74
—
—
Article 75
—
—
Article 76
—
—
Article 77
—
—
Article 78
—
—
Article 79
—
—
Article 80
—
—
Article 81
—
—
Article 82
—
—
Article 83
—
—
Article 84
—
—
Article 84a
—
—
Article 85(a) Article
143(1)
and
Article
144(a)
—
Article 85(b) Article
144(j)
—

---

L 347/844
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 85(c) Article
144(i)
—
Article 85(d)
—
—
Article 85a —
( 1 )
—
Article 85b —
( 1 )
—
Article 85c —
( 1 )
—
Article 85d —
( 1 )
—
Article 85e —
( 1 )
—
Article 85f —
( 1 )
—
Article 85g —
( 1 )
—
Article 85h —
( 1 )
—
Article 85i —
( 1 )
—
Article 85j —
( 1 )
—
Article 85k —
( 1 )
—
Article 85l —
( 1 )
—
Article 85m —
( 1 )
—
Article 85n —
( 1 )
—
Article 85o
—
—
Article 85p
—
—
Article 85q
—
—
Article 85r
—
—
Article 85s
—
—
Article 85t
—
—
Article 85u
—
—
Article 85v
—
—
Article 85w
—
—
Article 85x
—
—
Article 86 (deleted)
—
—
Article 87 (deleted)
—
—
Article 88 (deleted)
—
—
Article 89 (deleted)
—
—
Article 90 (deleted)
—
—
Article 91
—
—
Article 92
—
—
Article 93
—
—
Article 94
—
—
Article 94a
—
—

---

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/845
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 95
—
—
Article 95a
—
—
Article 96 (deleted)
—
—
Article 97 Article
129
( 1 )
—
Article 98 —
( 1 )
—
Article 99
—
—
Article 100
—
—
Article 101 (deleted)
—
—
Article 102 Article
26
( 1 )
—
Article 102(2) Article
217
—
Article 102a Article
58
—
Article 103 Articles
29,
30
and
31
—
Article 103a
—
—
Article 103b Article
32
—
Article 103c Article
33
—
Article 103d Article
34
—
Article 103e Article
35
—
Article 103f Article
36
—
Article 103g
Article 37(a) and Article 38(b)
—
Article 103ga Article
23
—
Article 103ga(7) Article
217
—
Article 103h(a) to (e) Articles
37
and
38
—
Article 103h(f) Articles
24
and
25
—
Article 103i Article
39
—
Article 103j Article
40
—
Article 103k Article
41
—
Article 103l Article
42
—
Article 103m Article
43
—
Article 103n Article
44
—
Article 103n(4) Article
212
—
Article 103o
—
—
Article 103p Article
45
—
Article 103q Article
46
—
Article 103r Article
47
—
Article 103s Article
48
—

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L 347/846
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 103t Article
49
—
Article 103u(1)(a) Article
50
—
Article 103u(1)(b) Article
51
—
Article 103u(2) to (5) Article
52
—
Article 103v Article
50
—
Article 103w
—
—
Article 103x
—
—
Article 103y
—
—
Article 103z
—
—
Article 103za Articles
53
and
54
—
Article 104
—
—
Article 105(1) Article
55(1)
—
Article 105(2) Article
215
—
Article 106 Article
55(4)
—
Article 107 Article
55(3)
—
Article 108(1) Article
55(2)
—
Article 108(2)
—
—
Article 109, first sentence Article
55(1),
last
sentence
—
Article 110 Articles
56
and
57
—
Article 111
—
—
Article 112
—
—
Article 113(1) Article
75(1)(a)
to
(e)
and
(2)
—
Article 113(2) Article
75(5)
—
Article 113(3), first subparagraph Article
74
—
Article 113(3), second subparagraph
— Article
89
Article 113a(1) to (3) Article
76
—
Article 113a(4) —
( 1 ) Article
89
Article 113b Article
75(3)
—
Article 113c Article
167
—
Article 113d(1), first subparagraph Article
78(1)
and
(2)
—
Article 113d(1), second subparagraph Annex
VII,
Part
II(1)
—
Article 113d(2) Article
78(3)
—

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/847
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 113d(3) Article
82
—
Article 114 Article
78(1)
( 1 )
—
Article 115
Article 78(1), Article 75(1)(h)
—
Article 116
Article 78(1), Article 75(1)(f) and (g) —
Article 117 Article
77
—
Article 118 Article
78(1)
—
Article 118a Article
92
—
Article 118b Article
93
—
Article 118c Article
94
—
Article 118d(1) Article
94(3)
—
Article 118d(2) and (3) [Article
109(3)]
—
Article 118e Article
95
—
Article 118f Article
96
—
Article 118g Article
97
—
Article 118h Article
98
—
Article 118i Article
99
—
Article 118j Article
100
—
Article 118k Article
101
—
Article 118l Article
102
—
Article 118m Article
103
—
Article 118n Article
104
—
Article 118o
—
—
Article 118p
—
—
Article 118q Article
105
—
Article 118r Article
106
—
Article 118s Article
107
—
Article 118t Article
108
—
Article 118u Article
112
—
Article 118v Article
113
—
Article 118w Article
117
—
Article 118x Article
118
—
Article 118y Article
119
—
Article 118z Article
120
—
Article 118za Article
121
—

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L 347/848
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 118zb
—
—
Article 119
—
—
Article 120
—
—
Article 120a Article
81
—
Article 120b
—
—
Article 120c Article
80
—
Article 120d, first subparagraph Article
83(2)
—
Article 120d, second subparagraph [Article
223]
—
Article 120e(1) Article
75(3)
and
(4)
—
Article 120e(2) Article
83(3)
and
(4)
—
Article 120f Article
80(3)
—
Article 120g Article
80(5)
and
Article
91(c)
—
Article 121(a)(i) Article
75(2)
—
Article 121(a)(ii) Article
75(3)
—
Article 121(a)(iii) Article
89
—
Article 121(a)(iv) Article
75(2)
and
Article
91(b)
—
Article 121(b) Article
91(a),
Article
78(3)
—
Article 121(c)(i) Article
91(a)
—
Article 121(c)(ii) and (iii) Article
91(d)
—
Article 121(c)(iv) [Article
223]
—
Article 121(d)(i) Article
78(1)
—
Article 121(d)(ii) to (v) and (vii) Article
75(2)
and
(3)
—
Article 121(d)(vi) Article
89
—
Article 121(e)(i) Article
78(1)
—
Article 121(e)(ii) to (v), (vii) Article
75(2)
and
(3)
—
Article 121(e)(vi) Article
75(2)
—
Article 121(f)(i) Article
78(1)
—
Article 121(f)(ii), (iii) and (v) Article
75(3)
—

---

EN
20.12.2013 Official
Journal
of
the
European
Union L
347/849
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 121(f)(iv) and (vii) Article
91(g)
—
Article 121(f)(vi) [Article
223]
—
Article 121(g) Article
75(3)
—
Article 121(h) Article
91(d)
—
Article 121(i)
—
—
Article 121(j)(i) Article
75(3)
—
Article 121(j)(ii) Article
91(d)
Article 121(k) Article
122
—
Article 121(l) Articles
114,
115
and
116
—
Article 121(m) Article
122
—
Article 121, second paragraph Article
78(3)
—
Article 121, third paragraph Article
75(3)
and
(4)
—
Article 121, fourth paragraph, (a) to (f) Article
75(3)
—
Article 121, fourth paragraph, (g) Article
75(3)(m)
—
Article 121, fourth paragraph, (h) Article
80(4)
—
Article 122 Article
152
—
Article 123 Article
157
—
Article 124
—
—
Article 125
—
—
Article 125a Article
153
—
Article 125b Article
154
—
Article 125c Article
156
—
Article 125d Article
155
—
Article 125e
—
—
Article 125f Article
164
—
Article 125g Article
164(6)
—
Article 125h Article
175(d)
—
Article 125i Article
165
—
Article 125j Article
164
—
Article 125k Article
158
—
Article 125l Article
164
—
Article 125m Article
164(6)
[and
Article
175(d)]
—
Article 125n Article
165
—
Article 125o Articles
154
and
158
—

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L 347/850
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 126 Article
165
—
Article 126a(1), (3) and (4) Article
161
—
Article 126a(2) Article
156(2)
Article 126b Article
157(3)
—
Article 126c Article
149
—
Article 126d Article
150
—
Article 126e Article
173(2)
and
Article
174(2)
—
Article 127 Article
173
—
Article 128
—
—
Article 129
—
—
Article 130 Article
176(1)
—
Article 131 Article
176(2)
—
Article 132 Article
176(3)
—
Article 133 [Article
177(2)(e)]
—
Article 133a(1) Article
181
—
Article 133a(2) Article
191
—
Article 134 Articles
177
and
178
—
Article 135
—
—
Article 136 [Article
180]
—
Article 137 [Article
180]
—
Article 138 [Article
180]
—
Article 139 [Article
180]
—
Article 140 [Article
180]
—
Article 140a Article
181
—
Article 141 Article
182
—
Article 142 Article
193
—
Article 143 Article
180
—
Article 144 Article
184
—
Article 145 Article
187(a)
—
Article 146(1)
—
—
Article 146(2) Article
185
—
Article 147
—
—
Article 148 Article
187
—
Article 149 [Article
180]
—
Article 150 [Article
180]
—
Article 151 [Article
180]
—

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/851
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 152 [Article
180]
—
Article 153 Article
192
—
Article 154
—
—
Article 155
—
—
Article 156 Article
192(5)
—
Article 157 Article
189
—
Article 158 Article
190
—
Article 158a Article
90
—
Article 159 Article
194
—
Article 160 Article
195
—
Article 161
Articles 176, 177, 178 and 179
—
Article 162 Article
196
—
Article 163 Article
197
—
Article 164(1) Article
198(1)
—
Article 164(2) to (4) Article
198(2)
( 1 )
—
Article 165 —
( 1 )
—
Article 166 —
( 1 )
—
Article 167 Article
199
—
Article 168 Article
200
—
Article 169 Article
201
—
Article 170 Articles
202
and
203
—
Article 171 Article
184
—
Article 172 [Article
186(2)]
—
Article 173
—
—
Article 174 Article
205
—
Article 175 Article
206
—
Article 176 Article
209
—
Article 176a Article
210
—
Article 177 Article
210
—
Article 177a Article
210
—
Article 178 Article
164
—
Article 179 Article
210(7)
—
Article 180 Article
211
—
Article 181 Article
211
—
Article 182(1) Article
213
—
Article 182(2)
—
—
Article 182(3), third subparagraph Article
214
—

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L 347/852
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 182(3), first, second and fourth —
—
subparagraph
Article 182(4) to (7)
—
—
Article 182a Article
216
—
Article 183
—
—
Article 184(1)
—
—
Article 184(2) Article
225(a)
—
Article 184(3) to (8)
—
—
Article 184(9) Article
225(b)
—
Article 185
—
—
Article 185a Article
145
—
Article 185b Article
223
—
Article 185c Article
147
—
Article 185d Article
146
—
Article 185e Article
151
—
Article 185f Article
148
—
Article 186 Article
219
—
Article 187 Article
219
—
Article 188 Article
219
—
Article 188a(1) and (2) —
( 1 )
—
Article 188a(3) and (4)
—
—
Article 188a(5) to (7) [Article
223]
—
Article 189 [Article
223]
—
Article 190
—
—
Article 190a
—
—
Article 191 Article
221
—
Article 192 Article
223
—
Article 193
—
—
Article 194
— Articles
62
and
64
Article 194a
— Article
61
Article 195 Article
229
—
Article 196
—
—
Article 196a Article
227
—
Article 196b Article
229
—
Article 197
—
—
Article 198
—
—
Article 199
—
—
Article 200
—
—

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/853
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Article 201 230(1)
and
(3)
—
Article 202 230(2)
—
Article 203
—
—
Article 203a Article
231
—
Article 203b Article
231
—
Article 204 Article
232
—
Annex I
Annex I (Parts I to XX, XXIV/1)
—
Annex II Annex
I
(Parts
XXI
to
XXIII)
—
Annex III Annex
II
—
Annex IV Annex
III
—
Annex V Annex
IV
—
Annex VI Annex
XII
—
Annex VII
—
—
Annex VIIa
—
—
Annex VIIb
—
—
Annex VIIc
—
—
Annex VIII Annex
XIII
—
Annex IX —
( 1 )
—
Annex X —
( 1 )
—
Annex Xa
—
—
Annex Xb Annex
VI
—
Annex Xc
—
—
Annex Xd
—
—
Annex Xe
—
—
Annex XI
—
—
Annex XIa Annex
VII,
Part
I
—
Annex XIb Annex
VII,
Part
II
—
Annex XII Annex
VII,
Part
III
—
Annex XIII Annex
VII,
Part
IV
—
Annex XIV.A Annex
VII,
Part
VI
—
Annex XIV.B Annex
VII,
Part
V
—
Annex XIV.C Article
75(2)
and
(3)
( 1 )
—
Annex XV Annex
VII,
Part
VII
—

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L 347/854
EN
Official Journal of the European Union
20.12.2013
Regulation (EC) No 1234/2007 This
Regulation Regulation
(EU)
No
1306/2013
Annex XVa Annex
VIII,
Part
I
—
Annex XVb Annex
VIII,
Part
II
—
Annex XVI Annex
VII,
Part
VIII
—
Annex XVIa [Article
173(1)(i)]
—
Annex XVII [Article
180]
—
Annex XVIII [Article
180]
—
Annex XIX
—
—
Annex XX
—
—
Annex XXI
—
—
Annex XXII Annex
XIV
—
( 1 ) See also Council Regulation to be adopted in accordance with Article 43(3) TFEU.
( 2 ) However, see Article 230.

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