IP/N/1/EU/G/1  
 
29 April 2013  
(13-2261)  Page: 1/307  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION1 
This document reproduces the text2 of Council Regulation (EC) No 1234/2007 of 22 October 2007 
establishing a common organisation of agricultural  markets and on specific provisions for certain 
agricultural products (Single CMO Regulation), as notified by th e European Union on 20 March 2013 
under Article 63.2 of the Agreement (see document IP/N/1/EU/1).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUE LLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE1 
Le présent document contient le texte2 du Règlement (CE) n° 1234/ 2007 du 22 octobre 2007 portant 
organisation commune des marchés dans le secteur agricole et dispositions spécifiques en ce qui 
concerne certains produits de ce secteur (Règlement "OCM unique"), notifié par l'Union européenne le 
20 mars 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/EU/1). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍ CULO 63 DEL ACUERDO 
UNIÓN EUROPEA1 
En el presente documento se reproduce el texto2 del Reglamento (CE) Nº  1234/2007 del Consejo, de 22 
de octubre de 2007, por el que se crea una organización común de me rcados agrícolas y se establecen 
disposiciones específicas para determinados prod uctos agrícolas (Reglament o único para las OCM), 
notificado por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase  el documento IP/N/1/EU/1). 
                                               
1 Texts of legislative instruments related to geograph ical indications notified earlier by the European 
Communities have been circulated in the IP/N/1/EEC/G/- series of documents./Les textes des instruments législatifs relatifs aux indications géographiques notifi és antérieurement par les Communautés européennes ont 
été distribués dans la série de documents IP/N/1/EEC/G/- ./Los textos de los instrumentos legislativos relativos 
a indicaciones geográficas notificados anteriormente po r las Comunidades Europeas se han distribuido en la 
serie de documentos IP/N/1/EEC/G/-. 
2 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/G/1 
 
- 2 - 
 
  PP 3-307 - Offset (Pdf file attached) 
PP 3 à 307 - Offset (fichier Pdf joint) PP 3-307 - Offset (fichero Pdf adjunto) This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC) No 1234/2007
of 22 October 2007
establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (Single CMO Regulation)
(OJ L 299, 16.11.2007, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 247/2008 of 17 March 2008 L 76 1 19.3.2008
►M2 Council Regulation (EC) No 248/2008 of 17 March 2008 L 76 6 19.3.2008
►M3 Council Regulation (EC) No 361/2008 of 14 April 2008 L 121 1 7.5.2008
►M4 Council Regulation (EC) No 470/2008 of 26 May 2008 L 140 1 30.5.2008
►M5 Commission Regulation (EC) No 510/2008 of 6 June 2008 L 149 61 7.6.2008
►M6 Council Regulation (EC) No 13/2009 of 18 December 2008 L 5 1 9.1.2009
►M7 Council Regulation (EC) No 72/2009 of 19 January 2009 L 30 1 31.1.2009
►M8 Commission Regulation (EC) No 183/2009 of 6 March 2009 L 63 9 7.3.2009
►M9 Commission Regulation (EC) No 435/2009 of 26 May 2009 L 128 12 27.5.2009
►M10 Council Regulation (EC) No 491/2009 of 25 May 2009 L 154 1 17.6.2009
►M11 Council Regulation (EC) No 1047/2009 of 19 October 2009 L 290 1 6.11.2009
►M12 Council Regulation (EC) No 1140/2009 of 20 November 2009 L 312 4 27.11.2009
Corrected by:
►C1 Corrigendum, OJ L 26, 30.1.2009, p. 6 (361/2008)
►C2 Corrigendum, OJ L 230, 2.9.2009, p. 6 (72/2009)2007R1234 —EN—01.05.2010 —006.001 —1
IP/N/1/EU/G/1 
        - 3 -COUNCIL REGULATION (EC) No 1234/2007
of 22 October 2007
establishing a common organisation of agricultural markets and on
specific provisions for certain agricultural products (Single CMO
Regulation)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Articles 36 and 37 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) The operation and development of the common market for agri-
cultural products should be accompanied by the establishment ofa common agricultural policy (hereinafter CAP) to include, inparticular, a common organisation of agricultural markets (here-inafter CMO) which may, according to Article 34 of the Treaty,take various forms depending on the product.
(2) Since the introduction of a CAP, the Council has adopted 21CMOs for each product or group of products, each governedby a separate Council basic regulation:
—Council Regulation (EEC) No 234/68 of 27 February 1968 on
the establishment of a common organisation of the market inlive trees and other plants, bulbs, roots and the like, cutflowers and ornamental foliage (
2),
—Council Regulation (EEC) No 827/68 of 28 June 1968 on thecommon organisation of the market in certain products listedin Annex II to the Treaty (
3),
—Council Regulation (EEC) No 2759/75 of 29 October 1975
on the common organisation of the market in pigmeat (4),
—Council Regulation (EEC) No 2771/75 of 29 October 1975on the common organisation of the market in eggs (
5),
—Council Regulation (EEC) No 2777/75 of 29 October 1975
on the common organisation of the market in poultrymeat (6),
—Council Regulation (EEC) No 2075/92 of 30 June 1992 on
the common organisation of the market in raw tobacco (7),▼B2007R1234 —EN—01.05.2010 —006.001 —2
(1) Opinion of 24 May 2007 (not yet published in the Official Journal).
(2) OJ L 55, 2.3.1968, p. 1. Regulation as last amended by Regulation (EC)
No 806/2003 (OJ L 122, 16.5.2003, p. 1).
(3) OJ L 151, 30.6.1968, p. 16. Regulation as last amended by Regulation (EC)
No 865/2004 (OJ L 161, 30.4.2004, p. 97).
(4) OJ L 282, 1.11.1975, p. 1. Regulation as last amended by Regulation (EC)
No 1913/2005 (OJ L 307, 25.11.2005, p. 2).
(5) OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC)
No 679/2006 (OJ L 119, 4.5.2006, p. 1).
(6) OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC)
No 679/2006.
(7) OJ L 215, 30.7.1992, p. 70. Regulation as last amended by Regulation (EC)
No 1679/2005 (OJ L 271, 15.10.2005, p. 1).
IP/N/1/EU/G/1 
        - 4 -—Council Regulation (EEC) No 404/93 of 13 February 1993 on
the common organisation of the market in bananas (1),
—Council Regulation (EC) No 2200/96 of 28 October 1996 on
the common organisation of the market in fruit and vege-tables (
2),
—Council Regulation (EC) No 2201/96 of 28 October 1996 on
the common organisation of the markets in processed fruitand vegetable products (
3),
—Council Regulation (EC) No 1254/1999 of 17 May 1999 on
the common organisation of the market in beef and veal (4),
—Council Regulation (EC) No 1255/1999 of 17 May 1999 onthe common organisation of the market in milk and milkproducts (
5),
—Council Regulation (EC) No 1493/1999 of 17 May 1999 onthe common organisation of the market in wine (
6),
—Council Regulation (EC) No 1673/2000 of 27 July 2000 on
the common organisation of the markets in flax and hemp
grown for fibre (7),
—Council Regulation (EC) No 2529/2001 of 19 December
2001 on the common organisation of the market insheepmeat and goatmeat (
8),
—Council Regulation (EC) No 1784/2003 of 29 September2003 on the common organisation of the market in cereals (
9),
—Council Regulation (EC) No 1785/2003 of 29 September2003 on the common organisation of the market in rice (
10),
—Council Regulation (EC) No 1786/2003 of 29 September
2003 on the common organisation of the market in driedfodder (
11),
—Council Regulation (EC) No 865/2004 of 29 April 2004 onthe common organisation of the market in olive oil and tableolives (
12),▼B2007R1234 —EN—01.05.2010 —006.001 —3
(1) OJ L 47, 25.2.1993, p. 1. Regulation as last amended by Regulation (EC)
No 2013/2006 (OJ L 384, 29.12.2006, p. 13).
(2) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regulation (EC)
No 1182/2007 (OJ L 273, 17.10.2007, p. 1).
(3) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by Regulation (EC)
No 1182/2007.
(4) OJ L 160, 26.6.1999, p. 21. Regulation as last amended by Regulation (EC)
No 1913/2005.
(5) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC)
No 1152/2007 (OJ L 258, 4.10.2007, p. 3).
(6) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(7) OJ L 193, 29.7.2000, p. 16. Regulation as last amended by Regulation (EC)
No 953/2006 (OJ L 175, 29.6.2006, p. 1).
(8) OJ L 341, 22.12.2001, p. 3. Regulation as last amended by Regulation (EC)
No 1913/2005.
(9) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation
(EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).
(10) OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regulation (EC)
No 797/2006 (OJ L 144, 31.5.2006, p. 1).
(11) OJ L 270, 21.10.2003, p. 114. Regulation as last amended by Regulation
(EC) No 456/2006 (OJ L 82, 21.3.2006, p. 1).
(12) OJ L 161, 30.4.2004, p. 97, corrected by OJ L 206, 9.6.2004, p. 37.
IP/N/1/EU/G/1 
        - 5 -—Council Regulation (EC) No 1947/2005 of 23 November
2005 on the common organisation of the market in seeds (1),
—Council Regulation (EC) No 1952/2005 of 23 November2005 concerning the common organisation of the market inhops (
2),
—Council Regulation (EC) No 318/2006 of 20 February 2006
on the common organisation of the markets in the sugarsector (
3).
(3) In addition, the Council has adopted three regulations with
specific rules for certain products without, however, setting up
a CMO for these products:
—Council Regulation (EC) No 670/2003 of 8 April 2003 laying
down specific measures concerning the market in ethylalcohol of agricultural origin (
4),
—Council Regulation (EC) No 797/2004 of 26 April 2004 on
measures improving general conditions for the production andmarketing of apiculture products (
5),
—Council Regulation (EC) No 1544/2006 of 5 October 2006
laying down special measures to encourage silkwormrearing (
6).
(4) The abovementioned Regulations (hereinafter basic regulations)are often accompanied by a collateral set of further Councilregulations. Most of the basic regulations follow the samestructure and have numerous provisions in common. This is thecase in particular with regard to the rules on trade with thirdcountries and the general provisions, but also, to a certainextent for the rules related to the internal market. The basicregulations often contain different solutions to identical orsimilar problems.
(5) The Community has, for some time, been pursuing the aim ofsimplifying the regulatory environment of the CAP. Accordingly,a horizontal legal framework for all direct payments was estab-lished amalgamating an array of support systems into a singlepayment scheme by the adoption of Council Regulation (EC)No 1782/2003 of 29 September 2003 establishing commonrules for direct support schemes under the common agriculturalpolicy and establishing certain support schemes for farmers (
7).
This approach should also be applied to the basic regulations. In
this context the rules contained therein should be amalgamated
into a single legal framework and sectoral approaches be replacedby horizontal ones where this is possible.
(6) In the light of the aforementioned considerations, the basic Regu-lations should be repealed and replaced by one single Regulation.
(7) Simplification should not lead to calling into question the policydecisions that have been taken over the years in the CAP. ThisRegulation should, therefore, essentially be an act of technicalsimplification. It should not, therefore, repeal or changeexisting instruments unless they have become obsolete,redundant or should not, by their very nature, be dealt with at▼
B2007R1234 —EN—01.05.2010 —006.001 —4
(1) OJ L 312, 29.11.2005, p. 3. Regulation as amended by Regulation (EC)
No 1247/2007 (OJ L 282, 26.10.2007, p. 1).
(2) OJ L 314, 30.11.2005, p. 1.
(3) OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC)
No 1260/2007 (OJ L 283, 27.10.2007, p. 1).
(4) OJ L 97, 15.4.2003, p. 6.
(5) OJ L 125, 28.4.2004, p. 1.
(6) OJ L 286, 17.10.2006, p. 1.
(7) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission
Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007, p. 10).
IP/N/1/EU/G/1 
        - 6 -Council level, nor should it provide for new instruments or
measures.
(8) Against this background, this Regulation should not include thoseparts of CMOs which are subject to policy reforms. This is thecase with regard to most parts of the fruit and vegetables,processed fruit and vegetables and the wine sectors. Theprovisions contained in the respective Regulations (EC)No 2200/96, (EC) No 2201/96 and (EC) No 1493/1999 should,therefore, be incorporated into this Regulation only to the extentthat they are not themselves subject to any policy reforms. Thesubstantive provisions of these CMOs should only be incor-porated once the respective reforms have been enacted.
(9) The CMOs for cereals, rice, sugar, dried fodder, seeds, olive oiland table olives, flax and hemp, bananas, milk and milk products,and silkworms provide for marketing years mainly adapted to thebiological production cycles of each of these products. Themarketing years as they have been fixed in these sectorsshould, therefore, be incorporated into this Regulation.
(10) In order to stabilise the markets and to ensure a fair standard ofliving for the agricultural community, a differentiated system ofprice support for the different sectors has been developed, inparallel to the introduction of direct support schemes, takingaccount of the different needs in each of these sectors on theone hand and the interdependence between different sectors onthe other. These measures take the form of public intervention orthe payment of aid for the private storage of products of thecereals, rice, sugar, olive oil and table olives, beef and veal,milk and milk products, pigmeat and sheepmeat and goatmeatsectors. Given the objectives of the present Regulation, there is,therefore, a need to maintain price support measures where theyare foreseen in the instruments as they were developed in the
past, without making any substantial changes as compared to
the previous legal situation.
(11) For the sake of clarity and transparency, the provisions governingthese measures should be made subject to a common structure,whilst maintaining the policy pursued in each sector. For thatpurpose it is appropriate to distinguish between reference pricesand intervention prices.
(12) The CMOs for cereals, beef and veal and milk and milk productscontained provisions according to which the Council, acting inaccordance with the procedure laid down in Article 37(2) of theTreaty, may change the price levels. Given the sensitivity of theprice systems it should be made clear that the possibility underArticle 37(2) to change price levels exists with regard to allsectors covered by this Regulation.
(13) Moreover, the CMO for sugar provided for the possibility ofreviewing the standard qualities of sugar, as further defined inRegulation (EC) No 318/2006, to take account, in particular, ofcommercial requirements and developments in technical analysis.That Regulation therefore provided for the power of theCommission to amend the relevant Annex. There is a particularneed to maintain that possibility in order to enable theCommission to take swift action if necessary.
(14) To ensure reliable information on Community market prices forsugar, the price reporting system as provided for in the CMO forsugar should be incorporated into this Regulation, on the basis ofwhich market price levels for white sugar should be determined.
(15) To prevent the system of intervention in respect of cereals, rice,butter and skimmed milk powder from becoming an outlet initself the possibility to provide for the opening of public inter-vention only during certain periods of the year should be main-▼
B2007R1234 —EN—01.05.2010 —006.001 —5
IP/N/1/EU/G/1 
        - 7 -tained. In respect of beef and veal products, pigmeat and butter,
the opening and closing of public intervention should bedependent on market price levels during a certain period. Asregards maize, rice and sugar, the limitation of the quantitiesup to which buying-in under public intervention can be carriedout, should be maintained. With regard to butter and skimmedmilk powder, the power of the Commission needs to be main-tained to suspend the normal buying-in once a certain quantity is
reached or to replace it by buying-in under a tender procedure.
(16) The price level at which buying-in under public intervention
should be carried out was, in the past, decreased in the CMOs
for cereals, rice and beef and veal and fixed along with the
introduction of direct support schemes in these sectors. Aidunder those schemes on the one hand and intervention priceson the other are, therefore, closely linked. For the products ofthe milk and milk products sector, that price level was fixed inorder to promote consumption of the products concerned andimprove their competitiveness. In the rice and sugar sectors, theprices were fixed in order to contribute to stabilising the marketin instances where the market price in a given marketing yearfalls below the reference price fixed for the following marketingyear. These policy decisions of the Council still remain valid.
(17) As in previous CMOs, this Regulation should provide for thepossibility of disposal of products bought into public intervention.Such measures should be taken in a way that avoids marketdisturbances and that ensures equal access to the goods andequal treatment of purchasers.
(18) Due to its intervention stocks of various agricultural products, theCommunity has the potential means to make a significant contri-bution towards the well-being of its most deprived citizens. It isin the Community interest to exploit this potential on a durablebasis until the stocks have been run down to a normal level byintroducing appropriate measures. In the light of these consid-erations, Council Regulation (EEC) No 3730/87 of
10 December 1987 laying down the general rules for the
supply of food from intervention stocks to designated organi-sations for distribution to the most deprived persons in theCommunity (
1) has, so far, provided for the distribution of food
by charitable organisations. This important social measure, which
can be of considerable value to the most deprived persons, shouldbe maintained and incorporated into the framework of this Regu-lation.
(19) In order to contribute to balancing the milk market and to stabi-lising market prices, the CMO for milk and milk products hasprovided for the granting of aid for private storage in respect ofcream, certain butter products and certain cheese products.Moreover, the Commission has been empowered to decide togrant aid for private storage of certain other cheese products aswell as for white sugar, certain kinds of olive oil and of certainbeef and veal products, skimmed milk powder, pigmeat andsheepmeat and goatmeat. Given the purpose of this Regulation,these measures should be maintained.
(20) Council Regulation (EC) No 1183/2006 of 24 July 2006concerning the Community scale for the classification ofcarcasses of adult bovine animals (
2), Council
Regulation (EEC) No 1186/90 of 7 May 1990 extending▼B2007R1234 —EN—01.05.2010 —006.001 —6
(1) OJ L 352, 15.12.1987, p. 1. Regulation as amended by Regulation (EC)
No 2535/95 (OJ L 260, 31.10.1995, p. 3).
(2) OJ L 214, 4.8.2006, p. 1.
IP/N/1/EU/G/1 
        - 8 -the scope of the Community scale for the classification of
carcasses of adult bovine animals (1), Council Regulation (EEC)
No 3220/84 of 13 November 1984 determining the Community
scale for grading pig carcasses (2) and Council Regulation (EEC)
No 2137/92 of 23 July 1992 concerning the Community scale forthe classification of carcasses of ovine animals and determiningthe Community standard quality of fresh or chilled sheepcarcasses (
3) provide for Community scales for the classification
of carcasses in the beef and veal, pigmeat and sheepmeat andgoatmeat sectors. These schemes are essential for the purposes ofprice recording and for the application of the interventionarrangements in those sectors. Moreover, they pursue theobjective of improving market transparency. Such carcass classi-fication schemes should be maintained. It is therefore appropriateto incorporate their essential elements into this Regulation, whilstempowering the Commission to regulate certain issues of a rathertechnical character through implementing rules.
(21) Restrictions to free circulation resulting from the application ofmeasures intended to combat the spread of animal diseases couldcause difficulties on the market in certain products in one or moreMember States. Experience shows that serious market distur-bances such as a significant drop in consumption or in pricesmay be attributed to a loss in consumer confidence due topublic health or animal health risks.
(22) The exceptional market support measures in order to remedy suchsituations provided for in the respective CMOs for beef and veal,milk and milk products, pigmeat, sheepmeat and goatmeat, eggsand poultrymeat should, therefore, be incorporated into this Regu-lation under the same conditions as they have applied so far.Such exceptional market support measures should be taken bythe Commission and should be directly related to or consequentupon health and veterinary measures adopted in order to combatthe spread of disease. They should be taken at the request ofMember States in order to avoid serious disruption on themarkets concerned.
(23) The possibility for the Commission to adopt special interventionmeasures where this proves to be necessary in order to reactefficiently and effectively against threats of market disturbancesin the cereals sector and in order to prevent large-scale appli-cation of public intervention in certain regions of theCommunity in the rice sector or to make up for paddy riceshortages following natural disasters, as they have beenprovided for in the CMOs for cereals and rice respectivelyshould be maintained in this Regulation.
(24) A minimum price should be fixed for quota beet corresponding toa standard quality which should be defined, in order to ensure afair standard of living for the Community growers of sugar beetand sugar cane.
(25) Specific instruments are needed to ensure a fair balance of rightsand obligations between sugar undertakings and sugar beetgrowers. Therefore, the standard provisions governing the inter-professional agreements previously contained in the CMO forsugar should be maintained.
(26) The diversity of natural, economic and technical situations makesit difficult to provide for uniform purchase terms for sugar beetthroughout the Community. Agreements within the trade already▼
B2007R1234 —EN—01.05.2010 —006.001 —7
(1) OJ L 119, 11.5.1990, p. 32. Regulation as amended by the 1994 Act of
Accession.
(2) OJ L 301, 20.11.1984, p. 1. Regulation as last amended by Regulation (EC)
No 3513/93 (OJ L 320, 22.12.1993, p. 5).
(3) OJ L 214, 30.7.1992, p. 1. Regulation as last amended by Regulation (EC)
No 1791/2006.
IP/N/1/EU/G/1 
        - 9 -exist between associations of sugar beet growers and sugar under-
takings. Therefore, framework provisions should define only theminimum guarantees required by both sugar beet growers and thesugar industry to ensure a smooth functioning of the sugar marketwith the possibility to derogate from some rules in the context ofan agreement within the trade. More detailed terms havepreviously been provided in the CMO for sugar in Annex II toRegulation (EC) No 318/2006. Given the highly technical
character of these terms, it is more appropriate to deal with
these questions at Commission level.
(27) The production charge provided for under the CMO for sugar tocontribute to the financing of the expenditure occurring under thatCMO should be incorporated in this Regulation.
(28) To maintain the structural balance of the markets in sugar at aprice level close to the reference price, the possibility for theCommission to decide to withdraw sugar from the market for
as long as it takes for the market to rebalance should be main-
tained.
(29) The CMOs for live plants, beef and veal, pigmeat, sheepmeat andgoatmeat, eggs and poultrymeat provided for the possibility ofadopting certain measures to facilitate the adjustment of supply tomarket requirements. Such measures may contribute to stabilisingthe markets and to ensuring a fair standard of living for theagricultural community concerned. Given the objectives of thisRegulation, that possibility should be maintained. According tothose provisions, the Council may adopt the general rulesconcerning such measures in accordance with the procedurelaid down in Article 37 of the Treaty. The aims to be pursuedby such measures are clearly circumscribed and delimit the nature
of the measures that may be adopted. Therefore, the adoption of
additional general rules by the Council in those sectors is notnecessary and should no longer be provided for.
(30) In the sugar and in the milk and milk products sectors the quan-titative limitation of production as set out in Regulations (EC)No 318/2006 and Council Regulation (EC) No 1788/2003 of29 September 2003 establishing a levy in the milk and milkproducts sector (
1) has been an essential market policy instrument
for many years. The reasons which in the past led the Communityto adopt production quota systems in both sectors remain valid.
(31) Whereas the sugar quota system was provided for in the CMOfor sugar, the corresponding system in the dairy sector has so farbeen regulated in a legal act separate from the CMO for milk andmilk products, namely Regulation (EC) No 1788/2003. Given thecrucial importance of these schemes and the objectives of thisRegulation, it is appropriate to incorporate the relevant provisionsfor both sectors in this Regulation without making any substantialchanges to the schemes and their modes of operation as comparedto the previous legal situation.
(32) The sugar quota scheme under this Regulation should therefore
reflect the arrangements set out in Regulation (EC) No 318/2006
and, in particular, maintain the legal status of the quotas in so faras, according to the case-law of the Court of Justice, the systemof quotas constitutes a mechanism for regulating the market inthe sugar sector aiming to ensure the attainment of public interestobjectives.
(33) This Regulation should, therefore, also enable the Commission toadjust the quotas to a sustainable level after the termination, in2010, of the restructuring fund established by Council Regulation(EC) No 320/2006 of 20 February 2006 establishing a temporary▼
B2007R1234 —EN—01.05.2010 —006.001 —8
(1) OJ L 270, 21.10.2003, p. 123. Regulation as last amended by Commission
Regulation (EC) No 1186/2007 (OJ L 265, 11.10.2007, p. 22).
IP/N/1/EU/G/1 
        - 10 -scheme for the restructuring of the sugar industry in the
Community (1).
(34) In the light of the need to allow for a certain amount of nationalflexibility in relation to the structural adjustment of theprocessing industry and of beet and cane growing during theperiod in which the quotas are to be applied, the possibility forMember States to be allowed to alter the quotas of undertakingswithin certain limits whilst not restricting the operation of therestructuring fund as an instrument should be maintained.
(35) The CMO for sugar provided that, in order to avoid that surplussugar distorts the sugar market, the Commission should beenabled, according to certain criteria, to provide for carryingforward the surplus sugar, isoglucose or inulin syrup to be
treated as quota production of the following marketing year.
Moreover, if, for certain quantities, the applicable conditionsare not met, it also provided for a levy on the surplus in orderto avoid the accumulation of these quantities threatening themarket situation. These provisions should be maintained.
(36) The main purpose of the milk quota system of reducing theimbalance between supply and demand on the respectivemarket and the resulting structural surpluses, thereby achievinga better market equilibrium, still prevails. The application of alevy to quantities of milk collected or sold for direct consumptionabove a certain guarantee threshold should, therefore, be main-
tained. In line with the purpose of this Regulation, there is, to a
certain extent, a need in particular for terminological harmoni-sation between the sugar and milk-quota schemes, whilst fullypreserving their legal status quo . It therefore seems appropriate to
harmonise the terminology in the milk sector with that in the
sugar sector. The terms ’national reference quantity ’and’indi-
vidual reference quantity ’in Regulation (EC) No 1788/2003
should, therefore, be replaced by the terms ’national quota ’and
’individual quota ’whilst retaining the legal notion that is being
defined.
(37) In substance, the milk quota scheme in this Regulation should be
shaped according to Regulation (EC) No 1788/2003. In
particular, the distinction between deliveries and direct salesshould be maintained and the scheme should be applied on thebasis of individual representative fat contents and a nationalreference fat content. Farmers should be authorised undercertain conditions to temporarily transfer their individual quota.Moreover the principle should be maintained that when a farm issold, leased or transferred by inheritance, the corresponding quotais transferred to the purchaser, tenant or heir together with therelevant land, while the exceptions to the principle that quotas aretied to farms in order to continue the restructuring of milkproduction and improve the environment should be maintained.In line with the various types of transfer of quotas and usingobjective criteria, the provisions authorising Member States toplace part of the transferred quantities in the national reserveshould also be maintained.
(38) The surplus levy should be set at a dissuasive level and bepayable by the Member States as soon as the national quota isexceeded. The Member State should then divide the burden ofpayment among the producers who have contributed to theoverrun. Those producers should be liable vis-à-vis the MemberState for payment of their contribution to the levy due by virtueof the fact of having overrun their available quantity. MemberStates should pay to the European Agricultural Guarantee Fund(EAGF) the levy corresponding to the overrun of their national▼
B2007R1234 —EN—01.05.2010 —006.001 —9
(1) OJ L 58, 28.2.2006, p. 42. Regulation as last amended by Regulation (EC)
No 1261/2007 (OJ L 283, 27.10.2007, p. 8).
IP/N/1/EU/G/1 
        - 11 -quota, reduced by a flat-rate amount of 1 % in order to take
account of cases of bankruptcy or the definitive inability ofcertain producers to make their contribution to the payment ofthe levy due.
(39) Council Regulation (EC) No 1290/2005 of 21 June 2005 on thefinancing of the common agricultural policy (
1) qualifies the
proceeds flowing from the application of the additional levy inthe dairy sector as ’assigned revenue ’which has to be paid to the
Community budget and, in the event of reuse, has to be usedexclusively to finance expenditure under the EAGF or theEuropean Agricultural Fund for Rural Development (EAFRD).Article 22 of Regulation (EC) No 1788/2003 according towhich levy proceeds are considered as intervention to stabiliseagricultural markets and are to be applied to financing expen-diture in the milk sector, has therefore become obsolete andshould not be incorporated in this Regulation.
(40) Various CMOs have provided for different kinds of aid schemes.
(41) The CMOs for dried fodder and for flax and hemp provided forprocessing aids for these sectors as a means to govern the internalmarket in respect of the sectors concerned. These provisionsshould be maintained.
(42) In view of the special market situation for cereals and potatostarch the CMO for cereals contained provisions which allowedthe granting of a production refund if that proves necessary. The
production refund should be of such a nature that the basic
products used by the industry concerned can be made availableto it at a lower price than that resulting from the application ofthe common prices. The CMO for sugar established the possi-bility of the granting of a production refund in cases where, withregard to the manufacturing of certain industrial, chemical orpharmaceutical products the need arises to take measures aimedat making available certain sugar products. These provisionsshould be maintained.
(43) To contribute to balancing the milk market and to stabilise themarket prices for milk and milk products, measures are needed toincrease the possibility of disposing of milk products. The CMOfor milk and milk products therefore provided for the grant of
aids for the marketing of certain milk products with a view to
specific uses and destinations. Moreover, that CMO providedthat, in order to stimulate the consumption of milk by youngpeople, the Community should defray a part of the expenditureoccasioned by granting aid for the supply of milk to pupils inschools. These provisions should be maintained.
(44) Community finance, consisting of the percentage of direct aidthat Member States are allowed to withhold in accordance withArticle 110i(4) of Regulation (EC) No 1782/2003, is required toencourage approved operator organisations to draw up workprogrammes for the purpose of improving the productionquality of olive oil and table olives. In that context, the CMO
for olive oil and table olives provided for Community support to
be allocated in accordance with the priorities given to theactivities undertaken within the work programmes in question.These provisions should be maintained.
(45) A Community tobacco fund financed by certain deductions fromaid schemes in that sector was established under Regulation(EEC) No 2075/92 with a view to carrying out variousmeasures in respect of that sector. The year 2007 is the last inwhich deductions from the aid scheme provided for inChapter 10c of Title IV of Regulation (EC) No 1782/2003▼
B2007R1234 —EN—01.05.2010 —006.001 —10
(1) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation (EC)
No 378/2007 (OJ L 95, 5.4.2007, p. 1).
IP/N/1/EU/G/1 
        - 12 -would be made available to the Community Tobacco Fund.
Whilst the financing of the fund will expire prior to the entryinto force of this Regulation, Article 13 of Regulation (EEC)No 2075/92 should nevertheless be maintained to serve as alegal basis for the multiannual programmes that may befinanced by the Community Tobacco Fund.
(46) Beekeeping, being a sector of agriculture, is characterised by the
diversity of production conditions and yields and the dispersion
and variety of economic operators, both at the production andmarketing stages. Moreover, in view of the spread of varroasis inseveral Member States in recent years and the problems whichthat disease causes for honey production, action by theCommunity continues to be necessary as varroasis cannot becompletely eradicated and is to be treated with approvedproducts. Given such circumstances and in order to improvethe production and marketing of apiculture products in theCommunity, national programmes should be drawn up everythree years, comprising technical assistance, control ofvarroasis, rationalisation of transhumance, management of therestocking of hives in the Community, and cooperation onresearch programmes on beekeeping and apiculture productswith a view to improving the general conditions for theproduction and marketing of apiculture products. Those nationalprogrammes should be partly financed by the Community.
(47) Regulation (EC) No 1544/2006 replaced all national silkwormaids by a Community aid scheme for silkworm rearing whichtakes the form of a fixed sum per box of silkworm eggs used.
(48) As the policy considerations which led to the introduction of theabovementioned aid schemes for beekeeping and silkwormrearing still persist, these aid schemes should be incorporated inthe framework of this Regulation.
(49) The application of standards for the marketing of agriculturalproducts can contribute to improving the economic conditionsfor the production and marketing as well as the quality of suchproducts. The application of such standards is therefore in theinterest of producers, traders and consumers. Accordingly, withinthe CMOs for bananas, olive oil and table olives, live plants, eggsand poultrymeat, marketing standards were put in place which
relate, in particular, to quality, grading, weight, sizing, packaging,
wrapping, storage, transport, presentation, origin and labelling. Itis appropriate to maintain that approach under this Regulation.
(50) Under the CMOs for olive oil and table olives and for bananasthe Commission has, so far, been entrusted with the adoption ofthe provisions on marketing standards. Given their detailedtechnical character and the need to constantly improve their effec-tiveness and to adapt them to evolving trade practices, it isappropriate to extend this approach to the live plants sectorswhile specifying the criteria to be taken into account by theCommission in setting out the relevant rules. Moreover, specialmeasures, in particular up-to-date methods of analysis and othermeasures to determine the characteristics of the standardsconcerned, may need to be adopted to avoid abuses as regardsthe quality and authenticity of the products presented toconsumers and the important disturbances on the markets such
abuses may entail.
(51) Several legal instruments have been put in place to regulate the
marketing and designation of milk, milk products and fats. Theypursue the objective of improving the position of milk and milkproducts on the market on the one hand and ensuring a faircompetition between spreadable fats of milk and non-milkorigin on the other, both to the benefit of producers andconsumers. The rules contained in Council Regulation (EEC)▼
B2007R1234 —EN—01.05.2010 —006.001 —11
IP/N/1/EU/G/1 
        - 13 -No 1898/87 of 2 July 1987 on the protection of designations used
in marketing milk and milk products (1) are aimed at protecting
the consumer and at establishing conditions of competition
between milk products and competing products in the field ofproduct designation, labelling and advertising which avoid anydistortion. Council Regulation (EC) No 2597/97 of 18 December1997 laying down additional rules on the common organisationof the market in milk and milk products for drinking milk (
2)
provides for rules aimed at guaranteeing a high quality ofdrinking milk and products which fulfil consumers' needs andwishes, thus stabilising the market concerned and providing theconsumer with high quality drinking milk. Council Regulation(EC) No 2991/94 of 5 December 1994 laying down standardsfor spreadable fats (
3) sets out the marketing standards for the
milk and non-milk products concerned with a clear and distinct
classification accompanied by rules on designation. In line withthe objectives of the present Regulation, these rules should bemaintained.
(52) Concerning the eggs and poultrymeat sectors, provisions exist inrelation to marketing standards and, in certain cases, toproduction. These provisions are contained in Council Regulation(EC) No 1028/2006 of 19 June 2006 on marketing standards foreggs (
4), Council Regulation (EEC) No 1906/90 of 26 June 1990
on certain marketing standards for poultrymeat (5) and Council
Regulation (EEC) No 2782/75 of 29 October 1975 on the
production and marketing of eggs for hatching and of farmyardpoultry chicks (
6). The essential rules contained in those Regu-
lations should be incorporated into this Regulation.
(53) Regulation (EC) No 1028/2006 provides that marketing standards
for eggs should, in principle, apply to all eggs of hens of thespecies Gallus gallus, marketed in the Community and, as a
general rule, also to those intended for export to thirdcountries. It also draws a distinction between eggs suitable andeggs not suitable for direct human consumption by the creation oftwo quality classes of eggs and lays down provision to ensureappropriate information to the consumer as regards quality andweight grades and the identification of the farming method used.Finally, that Regulation provides for special rules in respect ofeggs imported from third countries according to which special
provisions in force in certain third countries may justify dero-
gations from the marketing standards if their equivalence toCommunity legislation is guaranteed.
(54) As regards poultrymeat, Regulation (EEC) No 1906/90determines that marketing standards should, in principle, applyto certain types of poultrymeat suitable for human consumptionmarketed in the Community and that poultrymeat intended forexport to third countries should, however, be excluded from theapplication of the marketing standards. That Regulation providesfor the grading of poultrymeat in two categories according toconformation and appearance and the conditions under whichthe meat is to be offered for sale.
(55) According to those Regulations, Member States should be able toexempt from the application of those marketing standards eggsand poultrymeat, respectively, sold through certain forms of▼
B2007R1234 —EN—01.05.2010 —006.001 —12
(1) OJ L 182, 3.7.1987, p. 36. Regulation as last amended by the 1994 Act of
Accession.
(2) OJ L 351, 23.12.1997, p. 13. Regulation as last amended by Regulation (EC)
No 1153/2007 (OJ L 258, 4.10.2007, p. 6).
(3) OJ L 316, 9.12.1994, p. 2.
(4) OJ L 186, 7.7.2006, p. 1.
(5) OJ L 173, 6.7.1990, p. 1. Regulation as last amended by Regulation (EC)
No 1029/2006 (OJ L 186, 7.7.2006, p. 6).
(6) OJ L 282, 1.11.1975, p. 100. Regulation as last amended by Regulation (EC)
No 1791/2006.
IP/N/1/EU/G/1 
        - 14 -direct sale from the producer to the final consumer where small
quantities are involved.
(56) Regulation (EC) No 2782/75 establishes special rules concerningthe marketing and transport of eggs for hatching and of farmyard
poultry chicks as well as for the incubation of eggs for hatching.
That Regulation provides, in particular, for the individualmarking of eggs for hatching used for chick production, for theway of packing and the kind of packing material for transport.However, it excludes small sized pedigree breeding and otherbreeding establishments from the compulsory application of thestandards laid down therein.
(57) In line with the objectives of the present Regulation, those rulesshould be maintained without touching upon their substance.However, further provisions contained in those Regulationswhich are of technical character should be dealt with in imple-menting rules to be adopted by the Commission.
(58) As it has been the case so far under the CMO for hops, a qualitypolicy should be followed throughout the Community by imple-menting provisions concerning certification together with rulesprohibiting, as a general rule, the marketing of products forwhich a certificate has not been issued, or, in the case ofimported products, those which do not comply with equivalentquality characteristics.
(59) The descriptions and definitions of olive oil and the denomination
are an essential element of the market order with respect to
setting quality standards and providing consumers withadequate information on the product and should be maintainedin this Regulation.
(60) One of the aforementioned aid schemes contributing to balancingthe market in milk and milk products and to stabilising themarket prices in that sector consists of an aid scheme,contained in Regulation (EC) No 1255/1999, for the processingof skimmed milk into casein and caseinates. Council Regulation(EEC) No 2204/90 of 24 July 1990 laying down additionalgeneral rules on the common organisation of the market inmilk and milk products as regards cheese (
1) provided for rules
concerning the use of casein and caseinates in the manufacture of
cheese in order to counter adverse effects that may result from
that aid scheme, taking into account the vulnerability of cheese tosubstitution operations with casein and caseinates, therebyintending to stabilise the market. These rules should be incor-porated into this Regulation.
(61) The processing of certain agricultural raw materials into ethylalcohol is closely linked with the economy of those rawmaterials. This can contribute considerably to enhancing theirvalue and may be of particular economic and social importancefor the economy of certain regions of the Community or may bea significant source of income for the producers of the rawmaterials concerned. It also permits the disposal of products of
unsatisfactory quality and short-term surpluses that may cause
temporary problems in certain sectors.
(62) In the hops, olive oil and table olives, tobacco and silkwormsectors the legislation focuses on various kinds of organisationsin order to achieve policy aims in particular with a view tostabilising the markets in, and of improving and guaranteeingthe quality of, the products concerned through joint action. Theprovisions which have regulated that system of organisations sofar are based on organisations which are recognised by theMember States or, under certain conditions, by the Commission,▼
B2007R1234 —EN—01.05.2010 —006.001 —13
(1) OJ L 201, 31.7.1990, p. 7. Regulation as amended by Regulation (EC)
No 2583/2001 (OJ L 345, 29.12.2001, p. 6).
IP/N/1/EU/G/1 
        - 15 -in accordance with provisions to be adopted by the Commission.
That system should be maintained and the provisions as theyhave been in place so far should be harmonised.
(63) To support certain activities of inter-branch organisations whichare of particular interest in the light of the current rulesconcerning the CMO for tobacco, provision should be made forthe rules adopted by an inter-branch organisation for its membersto be extended, subject to certain conditions, to all non-memberproducers and groups in one or more regions. The same should
also apply in respect of other activities of inter-branch organi-
sations which are of general economic or technical interest for thetobacco sector so as to be of benefit to all persons active in thebranches in question. There should be close cooperation betweenthe Member States and the Commission. The Commission shouldhave permanent monitoring powers, particularly as regards theagreements and concerted practices adopted by such organi-sations.
(64) In certain sectors apart from those for which current rules providefor the recognition of producer or interbranch organisations,Member States may wish to recognise such kinds of organisationsbased on national law as far as this is compatible withCommunity law. This possibility should therefore be clarified.Moreover, rules should be adopted stating that the recognitionof producer and interbranch organisations in accordance withthe current Regulations remains valid after the adoption of thisRegulation.
(65) A single Community market involves a trading system at theexternal borders of the Community. That trading system shouldinclude import duties and export refunds and should, in principle,
stabilise the Community market. The trading system should be
based on the undertakings accepted under the Uruguay Round ofmultilateral trade negotiations.
(66) Monitoring the volume in trade in agricultural products with thirdcountries in the CMOs for the cereals, rice, sugar, seeds, olive oiland table olives, flax and hemp, beef and veal, milk and milkproducts, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat,live plants and agricultural ethyl alcohol sectors, has, so far, bothfor imports and exports been subject to either compulsory licencesystems or to systems where the Commission was empowered toprovide for licence requirements.
(67) Monitoring trade flows is foremost a matter of managementwhich should be addressed in a flexible way. Against this back-ground and in the light of the experience gained in the CMOswhere the management of licences is already conferred on theCommission, it appears appropriate to extend this approach to allsectors where import and export licences are being used. Thedecision on the introduction of licence requirements should bemade by the Commission taking account of the need for importlicences for the management of the markets concerned and, in
particular, for monitoring the imports of the products in question.
(68) For the most part, the customs duties applicable to agriculturalproducts under the World Trade Organisation (WTO) agreements
are laid down in the Common Customs Tariff. However, forsome products of the cereals and rice sectors, the introductionof additional mechanisms makes it necessary to provide for thepossibility to adopt derogations.
(69) In order to prevent or counteract adverse effects on theCommunity market which could result from imports of certainagricultural products, imports of such products should be subjectto payment of an additional duty, if certain conditions arefulfilled.▼
B2007R1234 —EN—01.05.2010 —006.001 —14
IP/N/1/EU/G/1 
        - 16 -(70) It is appropriate, under certain conditions, to confer on the
Commission the power to open and administer import tariffquotas resulting from international agreements concluded inaccordance with the Treaty or from other acts of the Council.
(71) Council Regulation (EEC) No 2729/75 of 29 October 1975 onthe import levies on mixtures of cereals, rice and broken rice (
1)
aims to ensure the proper working of the duty system for importsof mixtures of cereals, rice and broken rice. These rules should beincluded in this Regulation.
(72) The Community has concluded several preferential market accessarrangements with third countries which allow those countries toexport cane sugar to the Community under favourable conditions.The CMO for sugar provided for the evaluation of the refiners'need for sugar for refining and, under certain conditions, thereservation of import licences to specialised users of significantquantities of imported raw cane sugar, which are considered to befull-time refiners in the Community. These provisions should bemaintained.
(73) In order to prevent illicit crops from disturbing the CMO for
hemp for fibre, the respective Regulation provided for checks
on imports of hemp and hemp seed to ensure that suchproducts offer certain guarantees with regard to the tetrahydro-cannabinol content. In addition, imports of hemp seed intendedfor uses other than sowing were subject to a control systemwhich makes provision for the authorisation of the importersconcerned. These provisions should be maintained.
(74) A quality policy is being followed throughout the Community asregards products of the hops sector. In the case of importedproducts, the provisions ensuring that only products complyingwith equivalent minimum quality characteristics are importedshould be incorporated in this Regulation.
(75) The customs duty system makes it possible to dispense with all
other protective measures at the external frontiers of the
Community. The internal market and duty mechanism could, inexceptional circumstances, prove to be inadequate. In such cases,in order not to leave the Community market without defenceagainst disturbances that might ensue, the Community shouldbe able to take all necessary measures without delay. Suchmeasures should comply with the international commitments ofthe Community.
(76) To ensure the proper functioning of the CMOs and, in particular,avoid market disturbance, the CMOs for a number of productstraditionally provided for the possibility of prohibiting the use ofinward and outward processing arrangements. This possibilityshould be maintained. Moreover, experience shows that wheremarkets are disturbed or threatened to be disturbed by the use
of these arrangements, action needs to be taken without major
delays. The Commission should therefore be entrusted with therelevant powers. It is thus appropriate to enable the Commissionto suspend the use of inward and outward processingarrangements in such situations.
(77) Provisions for granting refunds on exports to third countries,based on the difference between prices within the Communityand on the world market, and falling within the limits set bythe Community's commitments in the WTO, should serve tosafeguard the Community's participation in international trade incertain products falling within this Regulation. Subsidised exportsshould be subject to limits in terms of value and quantity.▼
B2007R1234 —EN—01.05.2010 —006.001 —15
(1) OJ L 281, 1.11.1975, p. 18. Regulation as amended by Regulation (EC)
No 3290/94 (OJ L 349, 31.12.1994, p. 105).
IP/N/1/EU/G/1 
        - 17 -(78) Compliance with the limits in terms of value should be ensured at
the time when the export refunds are fixed through the moni-toring of payments under the rules relating to the EAGF. Moni-toring can be facilitated by the compulsory advance fixing ofexport refunds, while allowing the possibility, in the case ofdifferentiated refunds, of changing the specified destinationwithin a geographical area to which a single export refund rateapplies. In the case of a change of destination, the export refund
applicable to the actual destination should be paid, with a ceiling
on the amount applicable to the destination fixed in advance.
(79) Compliance with the quantity limits should be ensured by areliable and effective system of monitoring. To that end, the
granting of export refunds should be made subject to an export
licence. Export refunds should be granted up to the limitsavailable, depending on the particular situation of each productconcerned. Exceptions to that rule should be permitted only forprocessed products not listed in Annex I to the Treaty, to whichvolume limits do not apply. Provision should be made for aderogation from strict compliance with management rules whereexports benefiting from export refunds are not likely to exceedthe quantity laid down.
(80) In the case of the export of live bovine animals, provision shouldbe made whereby export refunds are granted and paid only if theprovisions established in Community legislation concerninganimal welfare, in particular those concerning the protection ofanimals during transport, are respected.
(81) Agricultural products may in certain cases benefit from specialimport treatment in third countries if the products comply withcertain specifications and/or price conditions. Administrativecooperation between the authorities in the importing thirdcountry and the Community is necessary to ensure the correctapplication of such a system. To that end the products should beaccompanied by a certificate issued in the Community.
(82) Exports of flowering bulbs to third countries are of considerableeconomic importance to the Community. The continuation anddevelopment of such exports may be ensured by stabilising pricesin this trade. Provision should therefore be made for minimumexport prices for the products in question.
(83) In accordance with Article 36 of the Treaty the provisions of thechapter of the Treaty relating to rules on competition shall applyto production of and trade in agricultural products only to theextent determined by the Council within the framework ofArticle 37(2) and (3) of the Treaty and in accordance with theprocedure laid down therein. In the various CMOs the provisions
on state aid had been largely declared applicable. The application
in particular of the Treaty rules applying to undertakings wasfurthermore defined in Council Regulation (EC) No 1184/2006of 24 July 2006 applying certain rules on competition to theproduction of, and trade in, agricultural products (
1). In line
with the objective of creating one comprehensive set of marketpolicy rules it is appropriate to incorporate the provisionsconcerned in this Regulation.
(84) The rules on competition relating to the agreements, decisionsand practices referred to in Article 81 of the Treaty and to theabuse of dominant positions should be applied to the productionof, and trade in, agricultural products, in so far as their appli-cation does not impede the functioning of national organisationsof agricultural markets or jeopardise the attainment of theobjectives of the CAP.▼
B2007R1234 —EN—01.05.2010 —006.001 —16
(1) OJ L 214, 4.8.2006, p. 7.
IP/N/1/EU/G/1 
        - 18 -(85) A special approach is warranted in the case of farmers' organi-
sations the particular objective of which is the joint production ormarketing of agricultural products or the use of joint facilities,unless such joint action excludes competition or jeopardises theattainment of the objectives of Article 33 of the Treaty.
(86) In order both to avoid compromising the development of a CAPand to ensure legal certainty and non-discriminatory treatment of
the undertakings concerned, the Commission should have the sole
power, subject to review by the Court of Justice, to determinewhether agreements, decisions and practices referred to inArticle 81 of the Treaty are compatible with the objectives ofthe CAP.
(87) The proper working of the single market based on common priceswould be jeopardised by the granting of national aid. Therefore,the provisions of the Treaty governing State aid should, as ageneral rule, apply to the products covered by this Regulation.In certain situations exceptions should be allowed. Where suchexceptions apply, the Commission should, however, be in aposition to draw up a list of existing, new or proposed nationalaids, to make appropriate observations to the Member States andto propose suitable measures to them.
(88) Since their accession, Finland and Sweden may, due to the
specific economic situation of the production and marketing of
reindeer and reindeer products, grant aids in that regard.Moreover, Finland may, subject to authorisation by theCommission, grant aid respectively for certain quantities ofseeds and for certain quantities of cereal seed produced solelyin Finland, because of its specific climatic conditions. Theseexceptions need to be maintained.
(89) In Member States with a significant reduction of sugar quota,sugar beet growers will face particularly severe adaptationproblems. In such cases the transitional Community aid tosugar beet growers provided for in Chapter 10f of Title IV ofRegulation (EC) No 1782/2003 will not suffice to fully addressthe beet growers' difficulties. Therefore, Member States havingreduced their quota by more than 50 % of the sugar quota fixedon 20 February 2006 in Annex III to Regulation (EC)No 318/2006 should be authorised to grant State aid to sugar
beet growers during the period of application of the transitional
Community aid. To ensure that Member States do not grant Stateaid exceeding the needs of their sugar beet growers, the determi-nation of the total amount of the State aid concerned shouldcontinue to be made subject to Commission approval, except inthe case of Italy where the maximum need for the mostproductive sugar beet growers to adapt to the market conditionsafter the reform has been estimated at EUR 11 per tonne of sugarbeet produced. Moreover, due to the particular problems expectedto arise in Italy, the provision for arrangements allowing sugarbeet growers to benefit directly or indirectly from the State aidgranted should be maintained.
(90) In Finland sugar beet growing is subject to particular geogra-phical and climatic conditions which will adversely affect thesector beyond the general effects of the sugar reform. For thisreason the provision made in the CMO for sugar authorising that
Member State, on a permanent basis, to grant its sugar beet
growers an adequate amount of State aid should be maintained.
(91) Given the particular situation in Germany, where national supportis currently granted to a large number of smaller producers ofalcohol under the specific conditions of the German alcoholmonopoly, it is necessary to permit, during a limited period oftime, the continuation of the granting of such support. It is alsonecessary to provide for the submission of a report by the▼
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IP/N/1/EU/G/1 
        - 19 -Commission on the functioning of that derogation, at the end of
that period, accompanied by any appropriate proposals.
(92) If a Member State wishes to support, on its territory, measurespromoting the consumption of milk and milk products in theCommunity, provision should be made for the possibility offinancing such measures by a promotional levy on milkproducers at national level.
(93) In order to take account of possible developments in dried fodderproduction, the Commission should, before 30 September 2008,on the basis of an evaluation of the CMO for dried fodder,present a report to the Council on that sector. The reportshould be accompanied, if necessary, by appropriate proposals.Moreover, the Commission should report at regular intervals tothe European Parliament and the Council on the aid schemeapplied in respect of the apiculture sector.
(94) Adequate information is needed about the present state of themarket in hops within the Community and the prospects for itsdevelopment. Provision should therefore be made for the regis-tration of all supply contracts regarding hops produced within theCommunity.
(95) It is appropriate to provide, under certain conditions and forcertain products, for measures to be taken in cases where distur-bances are occurring or are likely to occur due to significantchanges in the internal market prices or as regards quotationsor prices on the world market.
(96) It is necessary to establish a framework of specific measures forethyl alcohol of agricultural origin so that economic data can becollected and statistical information analysed for the purpose ofmonitoring the market. In so far as the market in ethyl alcohol ofagricultural origin is linked to the market in ethyl alcohol ingeneral, information also needs to be made available concerningthe market in ethyl alcohol of non-agricultural origin.
(97) Expenditure incurred by the Member States as a result of theobligations arising from the application of this Regulationshould be financed by the Community in accordance with Regu-lation (EC) No 1290/2005.
(98) The Commission should be authorised to adopt the necessarymeasures to solve specific practical problems in case ofemergency.
(99) Since the common markets in agricultural products arecontinuously evolving, the Member States and the Commissionshould keep each other informed of relevant developments.
(100) In order to avoid abuse of any of the advantages provided for inthis Regulation, such advantages should not be granted or, as thecase may be, should be withdrawn, in cases where it is found thatthe conditions for obtaining any of those advantages have beencreated artificially, contrary to the objectives of this Regulation.
(101) To guarantee compliance with the obligations laid down by thisRegulation, there is a need for controls and the application ofadministrative measures and administrative penalties in case ofnon-compliance. Power should, therefore, be conferred on theCommission to adopt the corresponding rules, including thoseconcerning the recovery of undue payments and the reportingobligations of the Member States resulting from the applicationof this Regulation.
(102) The measures necessary for the implementation of this Regulationshould, as a general rule, be adopted in accordance with CouncilDecision 1999/468/EC of 28 June 1999 laying down theprocedures for the exercise of implementing powers conferred▼
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IP/N/1/EU/G/1 
        - 20 -on the Commission (1). However, in respect of certain measures
under this Regulation which relate to Commission powers,
require swift action or are of a purely administrative nature, theCommission should be empowered to act on its own.
(103) Due to the incorporation into this Regulation of certain elementsof the CMOs for fruit and vegetables and processed fruit and
vegetable products and wine, certain amendments should be
made to these CMOs.
(104) This Regulation incorporates provisions concerning the applica-bility of the competition rules under the Treaty. Such provisionshave, so far, been dealt with in Regulation (EC) No 1184/2006.The scope of that Regulation should be amended so that itsprovisions only apply to products listed in Annex I to theTreaty that are not covered by this Regulation.
(105) This Regulation incorporates the provisions contained in the basicregulations listed in recitals (2) and (3) with the exception ofthose contained in Regulations (EC) No 2200/96, (EC)No 2201/96 and (EC) No 1493/1999. Moreover, this Regulationincorporates the provisions of the following Regulations:
—Council Regulation (EEC) No 2729/75 of 29 October 1975
on the import levies on mixtures of cereals, rice and brokenrice,
—Council Regulation (EEC) No 2763/75 of 29 October 1975
laying down general rules for granting private storage aid forpigmeat (
2),
—Council Regulation (EEC) No 2782/75 of 29 October 1975
on the production and marketing of eggs for hatching and offarmyard poultry chicks,
—Council Regulation (EEC) No 707/76 of 25 March 1976 on
the recognition of producer groups of silkworm rearers (
3),
—Council Regulation (EEC) No 1055/77 of 17 May 1977 on
the storage and movement of products bought in by an inter-vention agency (
4),
—Council Regulation (EEC) No 2931/79 of 20 December 1979
on the granting of assistance for the exportation of agri-cultural products which may benefit from a special importtreatment in a third country (
5),
—Council Regulation (EEC) No 3220/84 of 13 November 1984determining the Community scale for grading pig carcasses,
—Council Regulation (EEC) No 1898/87 of 2 July 1987 on theprotection of designations used in marketing milk and milk
products,
—Council Regulation (EEC) No 3730/87 of 10 December 1987
laying down the general rules for the supply of food fromintervention stocks to designated organisations for distributionto the most deprived persons in the Community,
—Council Regulation (EEC) No 386/90 of 12 February 1990 onthe monitoring carried out at the time of export of agriculturalproducts receiving refunds or other amounts (
6),▼B2007R1234 —EN—01.05.2010 —006.001 —19
(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC
(OJ L 200, 22.7.2006, p. 11).
(2) OJ L 282, 1.11.1975, p. 19.
(3) OJ L 84, 31.3.1976, p. 1.
(4) OJ L 128, 24.5.1977, p. 1.
(5) OJ L 334, 28.12.1979, p. 8.
(6) OJ L 42, 16.2.1990, p. 6. Regulation as amended by Regulation (EC)
No 163/94 (OJ L 24, 29.1.1994, p. 2).
IP/N/1/EU/G/1 
        - 21 -—Council Regulation (EEC) No 1186/90 of 7 May 1990
extending the scope of the Community scale for the classifi-cation of carcasses of adult bovine animals,
—Council Regulation (EEC) No 1906/90 of 26 June 1990 on
certain marketing standards for poultrymeat,
—Council Regulation (EEC) No 2204/90 of 24 July 1990 laying
down additional general rules on the common organisation of
the market in milk and milk products as regards cheese,
—Council Regulation (EEC) No 2077/92 of 30 June 1992concerning inter-branch organisations and agreements in thetobacco sector (
1),
—Council Regulation (EEC) No 2137/92 of 23 July 1992
concerning the Community scale for the classification ofcarcasses of ovine animals and determining the Communitystandard quality of fresh or chilled sheep carcasses,
—Council Regulation (EC) No 2991/94 of 5 December 1994laying down standards for spreadable fats,
—Council Regulation (EC) No 2597/97 of 18 December 1997
laying down additional rules on the common organisation ofthe market in milk and milk products for drinking milk,
—Council Regulation (EC) No 2250/1999 of 22 October 1999
concerning the tariff quota for butter of New Zealandorigin (
2),
—Council Regulation (EC) No 1788/2003 of 29 September2003 establishing a levy in the milk and milk products sector,
—Council Regulation (EC) No 1028/2006 of 19 June 2006 onmarketing standards for eggs,
—Council Regulation (EC) No 1183/2006 of 24 July 2006
concerning the Community scale for the classification ofcarcasses of adult bovine animals.
(106) These Regulations should therefore be repealed. In the interestsof legal certainty and given the number of acts to be repealed bythis Regulation and the number of acts adopted pursuant to oramended by those acts, it is appropriate to clarify that repeal doesnot affect the validity of any legal acts adopted on the basis ofthe repealed act or of any amendments to other legal acts madethereby.
(107) This Regulation should, as a general rule, start to apply on1 January 2008. However, in order to ensure that the newprovisions of this Regulation do not interfere with the ongoing2007/2008 marketing year, a later date of application should beprovided for in respect of those sectors for which marketing yearsare foreseen. This Regulation should therefore only apply as ofthe start of the 2008/2009 marketing year for the sectorsconcerned. As a consequence, the respective regulationsgoverning those sectors should continue to apply until the endof the corresponding marketing year 2007/2008.
(108) Moreover, in respect of certain other sectors for which nomarketing years are foreseen, a later date of application shouldalso be provided for in order to ensure the smooth transition fromthe existing CMOs to this Regulation. As a consequence, theregulations governing the existing CMOs for those sectorsshould continue to apply until the later date of applicationprovided for in this Regulation.▼
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(1) OJ L 215, 30.7.1992, p. 80.
(2) OJ L 275, 26.10.1999, p. 4.
IP/N/1/EU/G/1 
        - 22 -(109) As regards Regulation (EC) No 386/90, the competence for the
adoption of the substance dealt with by that Regulation is beingtransferred to the Commission by this Regulation. Moreover,Regulations (EEC) No 3220/84, (EEC) No 1186/90, (EEC)No 2137/92 and (EC) No 1183/2006 are being repealed by thisRegulation whilst only certain provisions of those Regulations arebeing incorporated into this Regulation. Further details containedin those Regulations will therefore have to be dealt with in
implementing rules yet to be adopted by the Commission.
Some more time should be allowed for the Commission toestablish the respective rules. The mentioned Regulationsshould therefore continue to apply until 31 December 2008.
(110) The following acts of the Council have become redundant andshould be repealed:
—Council Regulation (EEC) No 315/68 of 12 March 1968
fixing quality standards for flowering bulbs, corms andtubers (
1),
—Council Regulation (EEC) No 316/68 of 12 March 1968
fixing quality standards for fresh cut flowers and fresh orna-mental foliage (
2),
—Council Regulation (EEC) No 2517/69 of 9 December 1969
laying down certain measures for reorganising Communityfruit production (
3),
—Council Regulation (EEC) No 2728/75 of 29 October 1975on aids for the production of and trade in potato starch andpotatoes for starch manufacture (
4),
—Council Regulation (EEC) No 1358/80 of 5 June 1980 fixingthe guide price and the intervention price for adult bovineanimals for the 1980/81 marketing year and introducing aCommunity grading scale for carcasses of adult bovineanimals (
5),
—Council Regulation (EEC) No 4088/87 of 21 December 1987fixing conditions for the application of preferential customs
duties on imports of certain flowers originating in Cyprus,
Israel and Jordan (
6),
—Council Decision 74/583/EEC of 20 November 1974 on themonitoring of sugar movements (
7).
(111) The transition from the arrangements provided for in theprovisions and Regulations repealed by this Regulation couldgive rise to difficulties which are not dealt with in this Regu-lation. In order to deal with such difficulties, the Commissionshould be enabled to adopt transitional measures,
HAS ADOPTED THIS REGULATION:▼
B2007R1234 —EN—01.05.2010 —006.001 —21
(1) OJ L 71, 21.3.1968, p. 1. Regulation as last amended by Regulation (EEC)
No 4112/88 (OJ L 361, 29.12.1988, p. 7).
(2) OJ L 71, 21.3.1968, p. 8. Regulation as last amended by Regulation (EEC)
No 309/79 (OJ L 42, 17.2.1979, p. 21).
(3) OJ L 318, 18.12.1969, p. 15. Regulation as last amended by Regulation
(EEC) No 1153/78 (OJ L 144, 31.5.1978, p. 4).
(4) OJ L 281, 1.11.1975, p. 17.
(5) OJ L 140, 5.6.1980 p. 4.
(6) OJ L 382, 31.12.1987, p. 22. Regulation as last amended by Regulation (EC)
No 1300/97 (OJ L 177 5.7.1997 p. 1).
(7) OJ L 317, 27.11.1974, p. 21.
IP/N/1/EU/G/1 
        - 23 -TABLE OF CONTENTS
PART I INTRODUCTORY PROVISIONS ....................................
PART II INTERNAL MARKET ............................................
TITLE I MARKET INTERVENTION ........................................
CHAPTER I Public intervention and private storage .............................
Section I General provisions ...............................
Section II Public intervention ..............................
Subsection I General provisions ...........................
Subsection II Opening and suspension of buying-in ........
Subsection III Intervention price ...........................
Subsection IV Disposal from intervention ...................
Section III Private storage ...................................
Subsection I Mandatory aid ...............................
Subsection II Optional aid .................................
Section IV Common provisions ..............................
CHAPTER II Special intervention measures ...................................
Section I Exceptional market support measures ............
Section II Measures in the cereals and rice sectors .........
Section III Measures in the sugar sector .....................
Section IV Adjustment of supply ............................
CHAPTER III Systems of production limitation .................................
Section I General provisions ...............................
Section II Sugar ............................................
Subsection I Quota allocation and management ...........
Subsection II Quota overrun ...............................
Section III Milk ..............................................
Subsection I General provisions ...........................
Subsection II Quota allocation and management ...........
Subsection III Quota overrun ...............................
Section IV Procedural rules concerning sugar, milk and po-
tato starch quotas ................................
Section IVa Production potential in the wine sector ..........
Subsection I Unlawful plantings ...........................
Subsection II Transitional planting right regime ...........
Subsection III Grubbing up scheme ..........................
Section IVb Sup port programmes in the wine sector ..........
Subsection I Introductory provisions ......................
Subsection II Submission and content of support pro-grammes .....................................
Subsection III Specific support measures ...................
Subsection IV Procedural provisions ........................
CHAPTER IV Aid schemes ................................................
Section I Aid for processing ...............................▼
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IP/N/1/EU/G/1 
        - 24 -Subsection I Dried fodder .................................
Subsection II Flax grown for fibre ..........................
Section II Production refund ...............................
Section III Aids in the milk and milk products sector ........
Section IV Aids in the olive oil and table olives sector ......
Section V Community Tobacco Fund ........................
Section VI Special provisions for the apiculture sector ......
Section VII Aids in the silkworm sector ......................
TITLE II RULES CONCERNING MARKETING AND PRODUCTION ...............
CHAPTER I Rules concerning marketing and production .........................
Section I Marketing rules ..................................
Section Ia Designations of origin, geographical indications
and traditional term s in the wine sector .........
Subsection I Designations of origin and geographical indica-
tions .............................................
Subsection II Traditional terms ................................
Section Ib L a b e l l i n ga n dp r e s e n t a t i o ni nt h ew i n es e c t o r ....
Section II Conditions for production .......................
Section IIa Production rules in the wine sector ..............
Subsection I Wine grape varieties ..............................
Subsection II Oenological practices and restrictions .......
Section III Procedural rules ..................................
CHAPTER II Producer organisations, interbranch organisations, operator organisations ...
Section I General principles ...............................
Section Ia Rules concerning producer and interbranch orga-
nisations and producer groups in the fruit andvegetables sector .................................
Section Ib Rules concerning producer and inter-branch or-ganisations in the wine sector ....................
Section II Rules concerning interbranc h organisations in the
tobacco sector ....................................
Section III Procedural rules .................................
PART III TRADE WITH THIRD COUNTRIES .................................
CHAPTER I General provisions ...........................................
CHAPTER II Imports ...................................................
Section I Import licences ..................................
Section II Import duties and levies .........................
Section III Import quota management ..
 .....................
Section IV Special provisions fo r certain products ..........
Subsection I Special provisions for imports in respect of thecereals and rice sectors ......................
Subsection II Preferential import arrangements for sugar .
Subsection III Special provisions for imports of hemp ......
Subsection IV Special provisions for imports of hops .......
Subsection V Special provisions for imports of wine .......
Section V Safeguard and inward processing ................▼
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IP/N/1/EU/G/1 
        - 25 -CHAPTER III Exports ...................................................
Section I Export licences ..................................
Section II Export refunds ...................................
Section III Export quota management in the milk and milk
products sector ..................................
Section IV Special imort treatment by third countries ......
Section V Special provisions for live plants ................
Section VI Outward processing ..............................
PART IV COMPETITION RULES ...........................................
CHAPTER I Rules applying to undertakings ..................................
CHAPTER II State aid rules ..............................................
PART V SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS ...................
PART VI GENERAL PROVISIONS ..........................................
PART VII IMPLEMENTING, TRANSITIONAL AND FINAL RULES .................
CHAPTER Implementing provisions .......................................
CHAPTER II Transitional and final provisions .................................
ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) ...............
Part I: Cereals .......................................................
Part II: Rice .........................................................
Part III: Sugar ........................................................
Part IV: Dried fodder ...................................................
Part V: Seeds ........................................................
Part VI: Hops .........................................................
Part VII: Olive oil and table olives ..........................................
Part VIII: Flax and hemp grown for fibre .....................................
Part IX: Fruit and vegetables .............................................
Part X: Processed fruit and vegetable products ................................
Part XI: Bananas ......................................................
Part XII: Wine .........................................................
Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental
foliage ........................................................
Part XIV: Raw tobacco ...................................................
Part XV: Beef and teal ...................................................
Part XVI: Milk and milk products ...........................................
Part XVII: Pigmeat .......................................................
Part XVIII: Sheepmeat and goatmeat ..........................................
Part XIX: Eggs .........................................................
Part XX: Poultrymeat ...................................................
Part XXI: Other products .................................................
ANNEX II LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3) ...............
Part I: Ethyl alcohol of agricultural origin ...................................
Part II: Apiculture products ..............................................
Part III: Silkworms .....................................................
ANNEX III DEFINITIONS REFERRED TO IN ARTICLE 2(1) ....................▼B2007R1234 —EN—01.05.2010 —006.001 —24
IP/N/1/EU/G/1 
        - 26 -Part I: Definitions concerning the rice sector .................................
Part II: Definitions concerning the sugar sector ................................
Part III: Definitions concerning the hops sector ................................
Part IIIa: Definitions concerning the wine sector ................................
Part IV: Definitions concerning the beef and veal sector ..........................
Part V: Definitions concerning the milk and milk products sector ..................
Part VI: Definitions concerning the eggs sector .................................
Part VII: Definitions concerning the poultrymeat sector ...........................
Part VIII: Definitions concerning the apiculture sector ............................
ANNEX IV STANDARD QUALITY OF RICE AND SUGAR ......................
A. Standard quality for paddy rice ..........................................
B. Standard qualities for sugar .............................................
ANNEX V COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES
REFERRED TO IN ARTICLE 42 .................................
A. Community scale for the classification of carcasses of adult bovine animals ..........
B. Community scale for the classification of pig carcasses .........................
C. Community scale for the classification of sheep carcasses .......................
ANNEX VI NATIONAL AND REGIONAL QUOTASfrom the 2008/09 marketing year onwards . . . ..........................
ANNEX VII SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN ARTI-CLE 58(2) ...................................................
ANNEX VIIa CALCULATION OF THE PERCENTAGE TO BE ESTABLISHED IN ACCOR-DANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 59(2) .....
ANNEX VIIb CALCULATION OF THE PERCENTAGE APPLICABLE TO UNDERTAKINGS
IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTI-CLE 59(2) ...................................................
ANNEX VIIc CALCULATION OF THE COEFFICIENT TO BE ESTABLISHED IN ACCOR-
DANCE WITH ARTICLE 52A(1) .................................
ANNEX VIII DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTASIN ACCORDANCE WITH ARTICLE 60 ............................
ANNEX IX NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIESREFERRED TO IN ARTICLE 66 .................................
ANNEX X REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70 .........
ANNEX Xa POTATO STARCH QUOTAS PER MARKETING YEAR AS REFERRED TO INARTICLE 84 a................................................
ANNEX Xb BUDGET FOR SUPPORT PROGRAMMES (REFERRED TO INARTICLE 103N(1)) ............................................
ANNEX Xc BUDGET ALLOCATION FOR RURAL DEVELOPMENT (REFERRED TO INARTICLE 190A(3)) ............................................
ANNEX Xd BUDGET FOR THE GRUBBING-UP SCHEME ......................
ANNEX Xe AREAS WHICH MEMBER STATES MAY DECLARE INELIGIBLE FOR THEGRUBBING-UP SCHEME (REFERRED TO IN ARTICLE 85U(1), (2) AND (5))
ANNEX XI ...........................................................
A.I. Apportionment of the maximum guaranteed quantity for long flax fibre among the Member
States referred to in Article 94(1) .........................................
A.II. Apportionment of the maximum guaranteed quantity for the marketing year 2008/2009 for
short flax and hemp fibre among the Member States referred to in Article 94(1a)Répartitionentre les États membres de la quantité maximale garantie pour la campagne decommercialisation 2008/2009 pour les fibres courtes de lin et pour les fibres de chanvrevisée à l'article 94, paragraphe 1 bis.......................................▼
B2007R1234 —EN—01.05.2010 —006.001 —25
IP/N/1/EU/G/1 
        - 27 -A.III. Zones eligible for the aid referred to in Article 94a . . ..........................
B. Apportionment of the maximum guaranteed quantity among the Member States referred to
in Article 89 ........................................................
ANNEX XIa MARKETING OF THE MEAT OF BOVINE ANIMALS AGED 12 MONTHS ORLESS IN ACCORDANCE WITH ARTICLE 113B .....................
I. Definition ..........................................................
II. Classification of bovine animals aged 12 months or less at the slaughterhouse ........
III. Sales descriptions .....................................................
IV. Compulsory information on the label ......................................
V. Optional information on the label .........................................
VI. Recording ..........................................................
VII. Official checks .......................................................
VIII. Meat imported from third countries .......................................
IX. Penalties ...........................................................
ANNEX XIb CATEGORIES OF GRAPEVINE PRODUCTS ........................
1. Wine ..............................................................
2. New wine still in fermentation ...........................................
3. Liqueur wine ........................................................
4. Sparkling wine ......................................................
5. Quality sparkling wine .................................................
6. Quality aromatic sparkling wine ..........................................
7. Aerated sparkling wine ................................................
8. Semi-sparkling wine ...................................................
9. Aerated semi-sparkling wine ............................................
10. Grape must .........................................................
11. Partially fermented grape must ..........................................
12. Partially fermented grape must extracted from raisined grapes ...................
13. Concentrated grape must ...............................................
14. Rectified concentrated grape must ........................................
15. Wine from raisined grapes ..............................................
16. Wine of overripe grapes ................................................
17. Wine vinegar ........................................................
Appendix to Annex XIb Wine growing zones .......................................
ANNEX XII DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND MILK
PRODUCTS REFERRED TO IN ARTICLE 114(1) ....................
ANNEX XIII MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED TO IN
ARTICLE 114(2) ....
 ..........................................
ANNEX XIV MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND POUL-
TRYMEAT SECTORS REFERRED TO IN ARTICLE 116 ...............
A. Marketing standards for eggs of hens of the Gallus gallus species .................
B. Marketing standards for poultrymeat ......................................
C. Standards for the production and marketing of eggs for hatching and of farmyard poultry
chicks .............................................................
ANNEX XV MARKETING STANDARDS APPLYING TO SPREADABLE FATS REFERREDTO IN ARTICLE 115 ..........................................
ANNEX XVa ENRICHMENT, ACIDIFICATION AND DE-ACIDIFICATION IN CERTAIN▼
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IP/N/1/EU/G/1 
        - 28 -WINE-GROWING ZONES ......................................
A. Enrichment limits ................................................
B. Enrichment processes ............................................
C. Acidification and de-acidification ....................................
D. Processes ......................................................
ANNEX XVb RESTRICTIONS ..............................................
A. General .......................................................
B. Fresh grapes, grape must and grape juice ..............................
C. Blending of wines ...............................................
D. By-products ....................................................
Appendix to Annex XV ..........................................................
ANNEX XVI DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE POMAGE
OILS REFERRED TO IN ARTICLE 118 ............................
ANNEX XVIa EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-
MEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125L
ANNEX XVII IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND 139
ANNEX XVIII VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138 ......
ANNEX XIX STATES REFERRED TO IN ARTICLES 153(3) AND 154(1)(b) AND IN
POINT 12 OF PART II OF ANNEX III .............................
ANNEX XX LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGGSECTORS FOR THE PURPOSE OF ARTICLE 26(a)(ii) AND FOR THEGRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OFCHAPTER III OF PART III .....................................
Part I: Cereals .......................................................
Part II: Rice .........................................................
Part III: Sugar ........................................................
Part IV: Milk .........................................................
Part V: Eggs .........................................................
ANNEX XXI LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OFTHE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OFCHAPTER III OF PART III .....................................
ANNEX XXII CORRELATION TABLES REFERRED TO IN ARTICLE 202 ............▼
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IP/N/1/EU/G/1 
        - 29 -PART I
INTRODUCTORY PROVISIONS
Article 1
Scope
1. This Regulation establishes a common organisation of the markets
for the products of the following sectors, as provided further in Annex I:
(a) cereals, Part I of Annex I;
(b) rice, Part II of Annex I;(c) sugar, Part III of Annex I;
(d) dried fodder, Part IV of Annex I;
(e) seeds, Part V of Annex I;
(f) hops, Part VI of Annex I;
(g) olive oil and table olives, Part VII of Annex I;(h) flax and hemp, Part VIII of Annex I;
(i) fruit and vegetables, Part IX of Annex I;
(j) processed fruit and vegetables, Part X of Annex I;
(k) bananas, Part XI of Annex I;
(l) wine, Part XII of Annex I;(m) live plants and products of floriculture, Part XIII of Annex I (here-
inafter referred to as the live plants sector);
(n) raw tobacco, Part XIV of Annex I;(o) beef and veal, Part XV of Annex I;
(p) milk and milk products, Part XVI of Annex I;
(q) pigmeat, Part XVII of Annex I;
(r) sheepmeat and goatmeat, Part XVIII of Annex I;
(s) eggs, Part XIX of Annex I;(t) poultrymeat, Part XX of Annex I;
(u) other products, Part XXI of Annex I.
▼
M10__________
▼B
3. This Regulation establishes specific measures for the following
sectors as listed and, as the case may be, as further defined in Annex II:
(a) ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter
referred to as the agricultural ethyl alcohol sector);
(b) apiculture products, Part II of Annex II (hereinafter referred to as
the apiculture sector);
(c) silkworms, Part III of Annex II.
▼M3
4. In respect of potatoes, fresh or chilled of CN code 0701, Chapter
II of Part IV shall apply.▼B2007R1234 —EN—01.05.2010 —006.001 —28
IP/N/1/EU/G/1 
        - 30 -Article 2
Definitions
1. For the purposes of application of this Regulation, the definitions
concerning certain sectors as set out in Annex III shall apply.
2. For the purposes of this Regulation:(a)‘farmer ’shall mean a farmer as defined in Regulation (EC)
No 1782/2003;
(b)‘paying agency ’shall mean the body or the bodies assigned by a
Member State in accordance with Regulation (EC) No 1290/2005;
(c)‘intervention price ’shall mean the price at which products shall be
bought into public intervention.
Article 3
Marketing years
The following marketing years shall be established:(a) 1 January to 31 December of a given year for the banana sector;(b) 1 April to 31 March of the following year for:
(i) the dried fodder sector;(ii) the silkworm sector;
(c) 1 July to 30 June of the following year for:
(i) the cereals sector;(ii) the seeds sector;(iii) the olive oil and table olives sector;(iv) the flax and hemp sector;(v) the milk and milk products sector;
▼
M10
(ca) 1 August to 31 July of the following year for the wine sector;
▼B
(d) 1 September to 31 August of the following year for the rice sector;(e) 1 October to 30 September of the following year for the sugar
sector.
▼
M3
For products of the fruit and vegetables and processed fruit and vege-
tables sectors, the marketing years shall, if necessary, be fixed by theCommission.
▼
B
Article 4
Commission powers
Save as otherwise provided for by this Regulation, where powers are
conferred upon the Commission, it shall act in accordance with theprocedure referred to in Article 195(2).▼
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IP/N/1/EU/G/1 
        - 31 -Article 5
Implementing rules
The Commission may adopt the detailed rules for the application of
Article 2.
The Commission may amend the definitions concerning rice set out in
Part I of Annex III and the definition of ‘ACP/Indian sugar’ set out in
point 12 of Part II of that Annex.
The Commission may also fix the conversion rates for rice at various
stages of processing, the processing costs and the value of by-products.
PART II
INTERNAL MARKET
TITLE I
MARKET INTERVENTION
CHAPTER I
Public intervention and private storage
Section I
General provisions
Article 6
Scope
1. This Chapter lays down the rules concerning, where applicable,
buying-in under public intervention and the granting of aids for privatestorage with regard to the following sectors:
(a) cereals;
(b) rice;
(c) sugar;(d) olive oil and table olives;
(e) beef and veal;
(f) milk and milk products;(g) pigmeat;
(h) sheepmeat and goatmeat.
2. For the purposes of this Chapter:(a)‘cereals ’shall mean cereals harvested in the Community;
(b)‘milk’shall mean cow's milk produced in the Community;
▼
M3__________
▼B
(d)‘cream ’shall mean cream obtained directly and exclusively from
milk.▼B2007R1234 —EN—01.05.2010 —006.001 —30
IP/N/1/EU/G/1 
        - 32 -Article 7
Community origin
Without prejudice to Article 6(2) only products originating in the
Community shall be eligible for buying-in under public interventionor for the granting of aid for the private storage thereof.
Article 8
Reference prices
1. For products subject to the intervention measures referred to inArticle 6(1) the following reference prices shall be fixed:
▼
M7
(a) as regards the cereals sector, EUR 101,31 per tonne;
▼B
(b) as regards paddy rice, EUR 150/tonne for standard quality as
defined in point A of Annex IV;
(c) as regards sugar:
(i) for white sugar:
—EUR 541,5/tonne for the marketing year 2008/2009,
—EUR 404,4/tonne as from the marketing year 2009/2010;
(ii) for raw sugar:
—EUR 448,8/tonne for the marketing year 2008/2009,
—EUR 335,2/tonne as from the marketing year 2009/2010.
The reference prices laid down in points (i) and (ii) shall apply to
unpacked sugar, ex factory of standard quality as defined in pointB of Annex IV;
(d) as regards the beef and veal sector, EUR 2 224/tonne for carcasses
of male bovine animals of grade R3 as laid down in theCommunity scale for the classification of carcasses of adultbovine animals provided for in Article 42(1)(a);
(e) as regards the milk and milk products sector:
(i) EUR 246,39 per 100 kg for butter;
▼
M3
(ii) EUR 169,80 per 100 kg for skimmed milk powder;
▼B
(f) as regards the pigmeat sector, EUR 1 509,39/tonne for pig
carcasses of standard quality defined in terms of weight and lean
meat content in accordance with the Community scale for theclassification of pig carcasses, provided for in Article 42(1)(b) asfollows:
(i) carcasses weighing from 60 to less than 120 kg: grade E as
laid down in point B II of Annex V;
(ii) carcasses weighing from 120 to 180 kg: grade R as laid down
in point B II of Annex V.
2. The reference prices for cereals and rice set out in points (a) and
(b) of paragraph 1 respectively, shall relate to the wholesale stage forgoods delivered to the warehouse, before unloading. Those referenceprices shall be valid for all Community intervention centres designatedin accordance with Article 41.
3. The Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty, may change the reference prices fixed in▼
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        - 33 -paragraph 1 of this Article in the light of developments in production
and the markets.
Article 9
Price reporting in the sugar market
The Commission shall set up an information system on prices in thesugar market, including a system for the publication of price levels forthe sugar market.
The system shall be based on information submitted by undertakings
producing white sugar or by other operators involved in the sugar trade.
This information shall be treated with confidentiality.
The Commission shall ensure that the information published does not
permit the identification of prices of individual undertakings or
operators.
Section II
Public intervention
Subsection I
General provisions
Article 10
Products eligible for public intervention
1. Public intervention shall be applicable in respect of the following
products subject to the conditions laid down in this Section and furtherrequirements and conditions to be determined by the Commission inaccordance with Article 43:
(a) common wheat, durum wheat, barley, maize and sorghum;(b) paddy rice;(c) white or raw sugar provided that the sugar concerned has been
produced under quota and manufactured from beet or cane
harvested in the Community;
(d) fresh or chilled meat of the beef and veal sector falling within CN
codes 0201 10 00 and 0201 20 20 to 0201 20 50;
(e) butter produced directly and exclusively from pasteurised cream in
an approved undertaking of the Community of a minimum butterfatcontent, by weight, of 82 % and a maximum water content, byweight, of 16 %;
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(f) skimmed milk powder of top quality made from milk in an
approved undertaking in the Community by the spray process,with a minimum protein-content of 34,0 % by weight of the fatfree dry matter.▼
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        - 34 -__________
Subsection II
Opening of buying-in
Article 11
Public intervention periods
Public intervention shall be available:
(a) for cereals, from 1 November to 31 May;(b) for paddy rice, from 1 April to 31 July;(c) for sugar, throughout the marketing years 2008/2009 and
2009/2010;
(d) for beef and veal, throughout any marketing year;(e) for butter and skimmed milk powder, from 1 March to 31 August.
Article 12
Opening of public intervention
1. During the periods referred to in Article 11, public intervention:(a) shall be open for common wheat;(b) shall be open for durum wheat, barley, maize, sorghum, paddy rice,
sugar, butter and skimmed milk powder up to the intervention limits
referred to in Article 13(1);
(c) shall be opened for beef and veal by the Commission, without the
assistance of the Committee referred to in Article 195(1), if theaverage market price for beef and veal over a representativeperiod in a Member State or in a region of a Member Staterecorded on the basis of the Community scale for the classificationof carcasses provided for in Article 42(1) is below
EUR 1 560/tonne.
2. Public intervention for beef and veal, referred to in point (c) of
paragraph 1, shall be closed by the Commission, without the assistanceof the Committee referred to in Article 195(1), where, over a represen-tative period, the conditions provided for in that point are no longerfulfilled.
Article 13
Intervention limits
1. Buying into public intervention shall be carried out within the
following limits:
(a) for durum wheat, barley, maize, sorghum and paddy rice, 0 tonnes
for the periods referred to in Article 11(a) and (b) respectively;
(b) for sugar, 600 000 tonnes, expressed in white sugar, for each
marketing year;
(c) for butter, 30 000 tonnes for each period referred to in Article 11(e);(d) for skimmed milk powder 109 000 tonnes for each period referred
to Article 11(e).
2. Sugar stored in accordance with point (b) of paragraph 1 of this
Article during a marketing year shall not be subject to any of the otherstorage measures provided for in Articles 32, 52 and 63.▼
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        - 35 -3. By way of derogation from paragraph 1, for the products referred
to in points (a), (c) and (d) of that paragraph, the Commission maydecide to continue public intervention beyond the amounts referred to inthat paragraph if the market situation and, in particular, the developmentof market prices, so requires.
Subsection III
Intervention prices
Article 18
Intervention prices
1. The intervention price:
(a) for common wheat shall be equal to the reference price for a
maximum quantity offered of 3 million tonnes per intervention
period as fixed in Article 11(a);
(b) for butter shall be equal to 90 % of the reference price for amounts
offered within the limit in Article 13(1)(c);
(c) for skimmed milk powder shall be equal to the reference price for
amounts offered within the limit in Article 13(1)(d).
2. The intervention prices and the quantities for intervention for thefollowing products shall be determined by the Commission by means oftendering procedures:
(a) common wheat for amounts in excess of the maximum quantity
offered of 3 million tonnes per intervention period as fixed in
Article 11(a);
(b) durum wheat, barley, maize, sorghum and paddy rice, in application
of Article 13(3);
(c) beef and veal;
(d) butter for amounts offered in excess of the limit in Article 13(1)(c),
in application of Article 13(3), and
(e) skimmed milk powder for amounts offered in excess of the limit in
Article 13(1)(d), in application of Article 13(3).
In special circumstances, tendering procedures may be restricted to, or
the intervention prices and the quantities for intervention may be fixedper, Member State or region of a Member State on the basis of recordedaverage market prices.
3. The maximum buying-in price determined in accordance with
tendering procedures under paragraph 2 shall not be higher:
(a) for cereals and paddy rice, than the respective reference prices;
(b) for beef and veal, than the average market price recorded in a
Member State or a region of a Member State increased by an
amount to be determined by the Commission on the basis ofobjective criteria;
(c) for butter, than 90 % of the reference price;
(d) for skimmed milk powder, than the reference price.
4. The intervention prices referred to in paragraphs 1, 2 and 3 shall
be:
(a) for cereals, without prejudice to price increases or reductions for
quality reasons, and
(b) for paddy rice, increased or decreased accordingly if the quality of
the products offered to the paying agency differs from the standard
quality, defined in point A of Annex IV. Moreover, increases and▼
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        - 36 -reductions of the intervention price may be fixed by the
Commission in order to ensure that production is orientatedtowards certain varieties.
5. The intervention price for sugar shall be 80 % of the referenceprice fixed for the marketing year following the marketing year duringwhich the offer is lodged. However, if the quality of the sugar offered tothe paying agency differs from the standard quality defined in point Bof Annex IV for which the reference price is fixed, the interventionprice shall be increased or reduced accordingly.
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Subsection IV
Disposal from intervention
Article 25
General principles
Disposal of products bought into public intervention shall take place insuch a way as to avoid any disturbance of the market, to ensure equalaccess to the goods and equal treatment of purchasers and in compliancewith the commitments resulting from agreements concluded inaccordance with Article 300 of the Treaty.
Article 26
Sugar disposal
As regards sugar bought-in under public intervention, paying agencies
may sell it only at a price which is higher than the reference price fixedfor the marketing year in which the sale takes place.
However, the Commission may decide that paying agencies:
(a) may sell the sugar at a price equal to or lower than the reference
price referred to in the first paragraph if the sugar is intended:
(i) for use as animal feed, or
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(ii) for export, either without further processing or after processing
into products listed in Annex I to the Treaty or into goods
listed in Part III of Annex XX to this Regulation, or
(iii) for industrial use referred to in Article 62.
▼B
(b) are to make unprocessed sugar held by them available, for human
consumption on the internal market of the Community, to charitableorganisations —recognised by the Member State concerned or by
the Commission in cases where a Member State has not recognisedany such organisation —at a price which is lower than the current
reference price or free of charge for distribution as part of individualemergency aid operations.
Article 27
Distribution to the most deprived persons in the Community
1. Products which are in intervention stocks shall be made availableto certain designated organisations to enable food to be distributed to
the most deprived persons in the Community in accordance with an
annual plan.
The distribution shall be:▼
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        - 37 -(a) free of charge, or
(b) at a price which is in no case greater than that justified by the costs
incurred by the designated organisations in implementing the action.
2. A product may be mobilised on the Community market where:(a) it is temporarily unavailable in Community intervention stocks
during implementation of the annual plan referred to in
paragraph 1, to the extent necessary to allow implementation ofthe plan in one or more Member States, and provided that thecosts remain within the limits of the costs provided for in theCommunity budget for that purpose, or
(b) implementation of the plan would involve the transfer between
Member States of small quantities of products in intervention in a
Member State other than that or those in which the product is
required.
3. Member States concerned shall designate the organisations referred
to in paragraph 1 and shall notify the Commission in due time each yearif they wish to apply this scheme.
4. The products referred to in paragraphs 1 and 2 shall be released
free of charge to the designated organisations. The accounting value ofsuch products shall be the intervention price, adjusted by coefficientswhere necessary to take account of quality differences.
5. Without prejudice to Article 190, the products made available
under paragraphs 1 and 2 of this Article shall be financed by appro-priations in the relevant budgetary heading within the EAGF of thebudget of the European Communities. Provision may also be madefor this financing to contribute towards the costs of transport ofproducts from intervention centres and for administrative costs for thedesignated organisations generated by the implementation of the schemeset out in this Article, excluding any costs which may be borne by thebeneficiaries within the framework of the application of paragraphs 1and 2.
Section III
Private storage
Subsection I
Mandatory aid
Article 28
Eligible products
Aid for private storage shall be granted for the following productssubject to the conditions set out in this Section and to furtherrequirements and conditions to be adopted by the Commission inaccordance with Article 43:
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(a) in respect of:
(i) unsalted butter produced from cream or milk in an approved
undertaking of the Community of a minimum butterfat content,
by weight, of 82 %, a maximum milk solids-non-fat content,
by weight, of 2 % and a maximum water content, by weight,
of 16 %,
(ii) salted butter produced from cream or milk in an approved
undertaking of the Community of a minimum butterfat
content, by weight, of 80 %, a maximum milk solids-non-fatcontent, by weight, of 2 %, a maximum water content, by▼
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        - 38 -weight, of 16 % and a maximum salt content, by weight, of
2% .
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Article 29
Conditions and aid-level for butter
The amount of aid for butter shall be fixed by the Commission in the
light of storage costs and the likely trends in prices for fresh butter and
butter from stocks.
Where, at the time of removal from storage, an adverse change unfor-
eseeable at the time of entry into storage has occurred on the market,the aid may be increased.
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Subsection II
Optional Aid
Article 31
Eligible products
1. Aid for private storage may be granted in respect of the followingproducts subject to the conditions set out in this Section and to furtherrequirements and conditions to be adopted by the Commission inaccordance with Article 43:
(a) white sugar;
(b) olive oil;
(c) fresh or chilled meat of adult bovine animals presented in the form
of carcasses, half-carcasses, compensated quarters, forequarters or
hindquarters, classified in accordance with the Community scale forthe classification of carcasses of adult bovine animals provided forin Article 42(1);
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(f) pigmeat;
(g) sheepmeat and goatmeat.The Commission may amend the list of products laid down in point (c)
of the first subparagraph if the market situation so requires
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2. The Commission shall fix the aid for private storage provided forin paragraph 1 in advance or by means of tendering procedures.
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Article 32
Conditions of granting for white sugar
1. If the average Community price recorded for white sugar is belowthe reference price, during a representative period, and is likely to▼
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        - 39 -remain at that level, taking into account the market situation, the
Commission may decide to grant aid for private storage of whitesugar to undertakings which are allocated a sugar quota.
2. Sugar stored in accordance with paragraph 1 during a marketing
year may not be subject to any other storage measures provided for inArticles 13, 52 or 63.
Article 33
Conditions of granting for olive oil
The Commission may decide to authorise bodies, offering sufficient
guarantees and approved by the Member States, to conclude contractsfor the storage of olive oil that they market in the event of a seriousdisturbance on the market in certain regions of the Community, inter
alia, when the average price recorded on the market during a represen-
tative period is less than:
(a) EUR 1 779/tonne for extra virgin olive oil, or
(b) EUR 1 710/tonne for virgin olive oil, or(c) EUR 1 524/tonne for lampante olive oil having 2 degrees of free
acidity, this amount being reduced by EUR 36,70/tonne for each
additional degree of acidity.
Article 34
Conditions of granting for products of the beef and veal sector
When the average Community market price recorded on the basis of the
Community scale for the classification of carcasses of adult bovine
animals provided for in Article 42(1) is, and is likely to remain, at
less than 103 % of the reference price, the Commission may decideto grant aid for private storage.
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▼B
Article 37
Conditions of granting for pigmeat
When the average Community market price for pig carcasses as estab-
lished by reference to the prices recorded in each Member State on therepresentative markets of the Community and weighted by means ofcoefficients reflecting the relative size of the pig herd in each MemberState is, and is likely to remain, at less than 103 % of the referenceprice, the Commission may decide to grant aid for private storage.
Article 38
Conditions of granting for sheepmeat and goatmeat
The Commission may decide to grant aid for private storage when thereis a particularly difficult market situation for sheepmeat and goatmeat inone or more of the following quotation areas:
(a) Great Britain;(b) Northern Ireland;(c) any Member State other than the United Kingdom, taken separately.▼
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        - 40 -Section IV
Common provisions
Article 39
Rules concerning storage
1. Paying agencies may not store, outside the territory of the Member
State within whose jurisdiction they fall, products they have bought inunless they have obtained prior authorisation from the Commission.
The territories of Belgium and Luxembourg shall be considered as a
single Member State for the purposes of this Article.
2. Authorisation shall be granted if storage is essential and taking
into account the following factors:
(a) storage possibilities and storage requirements in the Member State
within whose jurisdiction the paying agency falls and in other
Member States;
(b) any additional costs resulting from storage in the Member State
within whose jurisdiction the paying agency falls and from trans-portation.
3. Authorisation for storage in a third country shall be granted only
if, on the basis of the criteria set out in paragraph 2, storage in anotherMember State would create significant difficulties.
4. The information referred to in point (a) of paragraph 2 shall be
drawn up after consulting all the Member States.
5. Any customs duties and any other amounts to be granted or levied
under the common agricultural policy shall not apply to products:
(a) transported following an authorisation granted under paragraphs 1, 2
and 3, or
(b) transferred from one paying agency to another.6. Any paying agency acting in accordance with paragraphs 1, 2 and
3 shall remain responsible for products stored outside the territory of theMember State within whose jurisdiction it falls.
7. If products held by a paying agency outside the territory of the
Member State within whose jurisdiction it falls are not brought backinto that Member State, they shall be disposed of at the prices andsubject to the conditions laid down or to be laid down for the placeof storage.
Article 40
Rules for tendering procedures
Tender procedures shall ensure equality of access of all persons
concerned.
In the selection of tenders preference shall be given to those which are
most favourable to the Community. In any case, the award of a contract
shall not necessarily ensue.
Article 41
Intervention centres
1. The Commission shall designate the intervention centres in thecereals and rice sectors and determine the conditions applying thereto.▼
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        - 41 -In respect of products of the cereals sector, the Commission may
designate intervention centres for each cereal.
2. When drawing up the list of intervention centres the Commission
shall in particular take account of the following factors:
(a) situation of the centres in surplus areas in respect of the products
concerned;
(b) availability of sufficient premises and technical equipment;
(c) favourable situation as regards means of transport.
Article 42
Carcass classification
1. Community scales for the classification of carcasses shall apply in
accordance with the rules laid down in Annex V in the followingsectors:
(a) beef and veal as regards carcasses of adult bovine animals;
(b) pigmeat as regards carcasses of pigs other than those which have
been used for breeding.
In the sheepmeat and goatmeat sector Member States may apply a
Community scale for the classification of carcasses as regards sheepcarcasses in accordance with the rules laid down in point C of Annex V.
2. On-the-spot inspections in relation to the classification of carcasses
of adult bovine animals and sheep shall be carried out on behalf of the
Community by a Community inspection committee composed of experts
from the Commission and experts appointed by the Member States. ThisCommittee shall report back to the Commission and the Member Stateson the inspections carried out.
The Community shall bear the costs resulting from the inspections
carried out.
Article 43
Implementing rules
Without prejudice to any specific powers conferred upon theCommission by the provisions of this Chapter, the Commission shalladopt the detailed rules for its implementation, which may relate inparticular to:
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(a) the requirements and conditions to be met by products to be
bought into public intervention as referred to in Article 10 orfor which aid for private storage is granted as referred to inArticles 28 and 31, in particular with respect to quality, qualitygroups, quality grades, categories, quantities, packaging includinglabelling, maximum ages, preservation, the stage of the productsto which the intervention price relates, and the duration of privatestorage;
(aa) the respect of the maximum quantities and quantitative limits set
out in Article 13(1) and point (a) of Article 18(1); in this context,the implementing rules may authorise the Commission to closebuying-in at a fixed price, adopt allocation coefficients and, forcommon wheat, switch to the tendering procedure referred to inArticle 18(2), without the assistance of the Committee referred toin Article 195(1);▼
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        - 42 -(b) amendments to Part B of Annex IV;
(c) where applicable, the scale of applicable price increases and
reductions;
(d) the procedures and conditions for taking over into public inter-
vention by paying agencies and the granting of aid for private
storage, in particular:
(i) with regard to the conclusion and the content of contracts;
(ii) the duration of the period of private storage and the
conditions according to which such periods, once specified
in the contracts, may be curtailed or extended;
(iii) the conditions according to which it may be decided that
products covered by private storage contracts may be
remarketed or disposed of;
(iv) the Member State where a request for private storage may be
submitted;
(e) the adoption of the list of representative markets referred to in
Articles 17 and 37;
(f) the rules as regards the conditions for disposal of products
bought-in under public intervention, in particular as regardsselling prices, the conditions for release from storage, whereappropriate, the subsequent use or destination of products thusreleased, checks to be carried out and, as the case may be, asystem of securities to be applied;
(g) the setting-up of the annual plan referred to in Article 27(1);
(h) the condition of mobilisation on the Community market referred
to in Article 27(2);
(i) the rules concerning the authorisations referred to in Article 39
including, as far as strictly necessary, derogations from the rules
on trade;
(j) the rules relating to the procedures to be followed in the case of
the making use of tendering procedures;
(k) the rules concerning the designation of intervention centres
referred to in Article 41;
(l) the conditions to be met by the stores where products may be
stored;
(m) the Community scales for the classification of carcasses provided
for in Article 42(1), in particular as regards:
(i) definitions;(ii) carcass presentations for the purpose of price reporting in
respect of the classification of carcasses of adult bovine
animals;
(iii) in respect of the measures to be taken by slaughterhouses as
provided for in point III of point A of Annex V:
—any derogations referred to in Article 5 of Directive
88/409/EEC for slaughterhouses wishing to restrict theirproduction to the local market,
—any derogations which may be granted to Member Stateswhich so request for slaughterhouses in which fewbovine animals are slaughtered;
(iv) authorising the Member States not to apply the grading scale
for the classification of pig carcasses and to use assessment
criteria in addition to weight and estimated lean-meatcontent;▼
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        - 43 -(v) rules concerning the reporting of prices of certain products
by the Member States.
CHAPTER II
Special intervention measures
Section I
Exceptional market support measures
Article 44
Animal diseases
1. The Commission may adopt exceptional support measures for the
affected market in order to take account of restrictions on intra-Community and third-country trade which may result from the appli-cation of measures for combating the spread of diseases in animals.
The measures provided for in the first subparagraph shall apply to the
following sectors:
(a) beef and veal;(b) milk and milk products;(c) pigmeat;(d) sheepmeat and goatmeat;(e) eggs;(f) poultrymeat.2. The measures provided for in the first subparagraph of paragraph 1
shall be taken at the request of the Member State(s) concerned.
They may be taken only if the Member State(s) concerned has (have)
taken health and veterinary measures quickly to stamp out the disease,and only to the extent and for the duration strictly necessary to supportthe market concerned.
Article 45
Loss in consumer confidence
With regard to the poultrymeat and eggs sectors, the Commission may
adopt exceptional market support measures in order to take account ofserious market disturbances directly attributed to a loss in consumerconfidence due to public health, or animal health risks.
Those measures shall be taken at the request of the Member State(s)
concerned.
Article 46
Financing
1. For exceptional measures referred to in Articles 44 and 45, theCommunity shall provide part-financing equivalent to 50 % of theexpenditure borne by Member States.
However, with regard to the beef and veal, milk and milk products,
pigmeat and sheepmeat and goatmeat sectors, the Community shallprovide part-financing equivalent to 60 % of such expenditure whencombating foot-and-mouth disease.▼
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        - 44 -2. Member States shall ensure that, where producers contribute to the
expenditure borne by Member States, this does not result in distortion ofcompetition between producers in different Member States.
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Section II
Measures in the cereals and rice sectors
Article 47
Special market measures in the cereals sector
1. Where the market situation so dictates, the Commission may take
special intervention measures in respect of the cereals sector. Suchintervention measures may in particular be taken if, in one or moreregions of the Community, market prices fall, or threaten to fall, inrelation to the intervention price.
2. The nature and application of the special intervention measures
and the conditions and procedures for the sale or for any other meansof disposal of the products subject to those measures shall be adoptedby the Commission.
Article 48
Special market measures in the rice sector
1. The Commission may take special measures to:
(a) prevent large-scale application of public intervention, as provided
for in Section II of Chapter I of this Part, in the rice sector in certain
regions of the Community;
(b) make up for paddy rice shortages following natural disasters.
2. The Commission shall adopt the detailed rules for the implemen-
tation of this Article.
Section III
Measures in the sugar sector
Article 49
Minimum beet price
1. The minimum price for quota beet shall be:
(a) EUR 27,83 per tonne for the marketing year 2008/2009;
(b) EUR 26,29 per tonne as from the marketing year 2009/2010.
2. The minimum price referred to in paragraph 1 shall apply to sugar
beet of the standard quality defined in Part B of Annex IV.
3. Sugar undertakings buying quota beet suitable for processing into
sugar and intended for processing into quota sugar shall be required topay at least the minimum price, adjusted by price increases orreductions to allow for deviations from the standard quality.
Increases and reductions referred to in the first subparagraph shall be
applied in accordance with implementing rules to be laid down by theCommission.▼
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        - 45 -4. For the quantities of sugar beet corresponding to the quantities of
industrial sugar or surplus sugar that are subject to the surplus levyprovided for in Article 64, the sugar undertaking concerned shalladjust the purchase price so that it is at least equal to the minimumprice for quota beet.
Article 50
Interprofessional agreements
1. Agreements within the trade and delivery contracts shall conformto paragraph 3 and to purchase terms to be determined by theCommission, in particular as regards the conditions governing thepurchase, delivery, taking over and payment of beet.
2. The terms for buying sugar beet and sugar cane shall be governed
by agreements within the trade concluded between Community growersof these raw materials and Community sugar undertakings.
3. In delivery contracts, a distinction shall be made according to
whether the quantities of sugar to be manufactured from sugar beetwill be:
(a) quota sugar;(b) out-of-quota sugar.4. Each sugar undertaking shall provide the Member State in which it
produces sugar with the following information:
(a) the quantities of beet referred to in point (a) of paragraph 3, for
which they have concluded pre-sowing delivery contracts and the
sugar content on which those contracts are based;
(b) the corresponding estimated yield.
Member States may require additional information.
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5. Sugar undertakings which have not signed pre-sowing delivery
contracts at the minimum price for quota beet for a quantity of beetequivalent to the sugar for which they hold a quota, adjusted, as thecase may be, by the coefficient for a preventive withdrawal fixed inaccordance with the first subparagraph of Article 52(2), shall berequired to pay at least the minimum price for quota beet for all thesugar beet they process into sugar.
6. Subject to the approval of the Member State concerned,
agreements within the trade may derogate from paragraphs 3, 4 and 5.
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7. If no agreements within the trade exist, the Member Stateconcerned shall take the necessary steps compatible with this Regulationto protect the interests of the parties concerned.
Article 51
Production charge
1. A production charge shall be levied on the sugar quota, theisoglucose quota and the inulin syrup quota held by undertakingsproducing sugar, isoglucose or inulin syrup as referred to inArticle 56(2).
2. The production charge shall be set at EUR 12,00 per tonne of the
quota sugar and quota inulin syrup. For isoglucose, the productioncharge shall be set at 50 % of the charge applicable to sugar.
3. The totality of the production charge paid in accordance with
paragraph 1 shall be charged by the Member State to the undertakings▼
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        - 46 -on its territory according to the quota held during the marketing year
concerned.
Payments shall be made by the undertakings by the end of February of
the relevant marketing year at the latest.
4. Community sugar and inulin syrup undertakings may require
sugar-beet or sugar-cane growers or chicory suppliers to bear up to50 % of the production charge concerned.
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Article 52
Withdrawal of sugar
1. In order to preserve the structural balance of the market at a pricelevel which is close to the reference price, taking into account thecommitments of the Community resulting from agreements concludedin accordance with Article 300 of the Treaty, the Commission maydecide to withdraw from the market, for a given marketing year,those quantities of sugar or isoglucose produced under quotas whichexceed the threshold calculated in accordance with paragraph 2 of thisArticle.
2. The withdrawal threshold referred to in paragraph 1 of this Article
shall be calculated, for each undertaking holding a quota, by multiplyingits quota by a coefficient, which shall be fixed by the Commission by16 March of the previous marketing year, on the basis of expectedmarket trends. For the marketing year 2008/2009, that coefficientshall be applied to the quota after renunciations in accordance withRegulation (EC) No 320/2006 granted on 15 March 2008 at the latest.
On the basis of updated market trends, the Commission may decide by
31 October of the marketing year concerned either to adjust or, in thecase where no such decision has been taken in accordance with the first
subparagraph of this paragraph, to fix a coefficient.
3. Each undertaking provided with a quota shall store at its own
expense until the beginning of the following marketing year the sugarproduced under quota beyond the threshold calculated in accordancewith paragraph 2. The sugar or isoglucose quantities withdrawnduring a marketing year shall be treated as the first quantitiesproduced under quota for the following marketing year.
By way of derogation from the first subparagraph of this paragraph,
taking into account the expected sugar market trends, the Commission
may decide to consider, for the current and/or the following marketingyear, all or part of the withdrawn sugar or isoglucose as:
(a) surplus sugar or surplus isoglucose available to become industrial
sugar or industrial isoglucose; or
(b) temporary quota production of which a part may be reserved for
export respecting the commitments of the Community resulting
from agreements concluded in accordance with Article 300 of the
Treaty.
4. If sugar supply in the Community is inadequate, the Commission
may decide that a certain quantity of withdrawn sugar may be sold onthe Community market before the end of the period of withdrawal.
5. In the case where withdrawn sugar is treated as the first sugar
production of the following marketing year, the minimum price of thatmarketing year shall be paid to beet growers.
In the case where withdrawn sugar becomes industrial sugar or is
exported according to points (a) and (b) of paragraph 3 of thisArticle, the requirements of Article 49 on the minimum price shallnot apply.▼
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        - 47 -In the case where withdrawn sugar is sold on the Community market
before the end of the period of withdrawal according to paragraph 4, theminimum price of the ongoing marketing year shall be paid to beetgrowers.
Article 52a
Withdrawal of sugar in the 2008/2009 and 2009/2010 marketing
years
1. By way of derogation from Article 52(2) of this Regulation, forMember States for which the national sugar quota has been reduced as aresult of renunciations of quota in accordance with Articles 3 and 4a(4)of Regulation (EC) No 320/2006, the coefficient shall be fixed by theCommission for the 2008/2009 and 2009/2010 marketing years by wayof application of Annex VIIc to this Regulation.
2. An undertaking which, in accordance with Article 3(1)(a) or (b) of
Regulation (EC) No 320/2006, renounces, with effect from thefollowing marketing year, the total quota assigned to it shall, at itsrequest, not be submitted to the application of the coefficients referredto in Article 52(2) of this Regulation. That request shall be submittedbefore the end of the marketing year to which the withdrawal applies.
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Article 53
Implementing rules
The Commission may adopt the detailed rules for the implementation of
this Section and, in particular:
(a) 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 50(4);
(b) the percentage of withdrawn quota sugar referred to in
Article 52(1);
(c) the conditions for the payment of the minimum price where the
withdrawn sugar is being sold on the Community market underArticle 52(4).
Section IV
Adjustment of supply
Article 54
Measures to facilitate the adjustment of supply to market
requirements
In order to encourage action by trade organisations and joint trade
organisations to facilitate the adjustment of supply to marketrequirements, with the exception of action relating to withdrawal fromthe market, the Commission may take the following measures in respectof the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggsand poultrymeat sectors:
(a) measures to improve quality;(b) measures to promote better organisation of production, processing
and marketing;
(c) measures to facilitate the recording of market price trends;(d) measures to permit the establishment of short and long-term
forecasts on the basis of the means of production used.▼
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        - 48 -CHAPTER III
Systems of production limitation
Section I
General provisions
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Article 55
Quota systems and production potential
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1. A quota system shall apply to the following products:
(a) milk and other milk products within the meaning of points (a) and
(b) of Article 65;
(b) sugar, isoglucose and inulin syrup;
(c) potato starch which may benefit from Community aid.
2. As regards the quota systems referred to in points (a) and (b) of
paragraph 1 of this Article, if a producer exceeds the relevant quota and,with regard to sugar, does not make use of the surplus quantities asprovided for in Article 61, a surplus levy shall be payable on such
quantities, subject to the conditions set out in Sections II and III.
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2a. In relation to the wine sector, rules concerning production
potential as regards unlawful plantings, transitional planting rights aswell as a grubbing-up scheme shall apply in accordance with theprovisions set out in Section IVa.
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Section II
Sugar
Subsection I
Quota allocation and management
Article 56
Quota allocation
1. The quotas for the production of sugar, isoglucose and inulin
syrup at national or regional level are fixed in Annex VI.
2. Member States shall allocate a quota to each undertaking
producing sugar, isoglucose or inulin syrup established in its territoryand approved in accordance with Article 57.
For each undertaking, the allocated quota shall be equal to the quota
under Regulation (EC) No 318/2006 which was allocated to the under-taking for the marketing year 2007/2008.
3. In case of allocation of a quota to a sugar undertaking having
more than one production unit, the Member States shall adopt themeasures they consider necessary in order to take due account of theinterests of sugar beet and cane growers.▼
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        - 49 -Article 57
Approved undertakings
1. On request, Member States shall grant an approval to an under-
taking producing sugar, isoglucose or inulin syrup or to an undertakingthat processes these products into a product included in the list referredto in Article 62(2) provided that the undertaking:
(a) proves its professional production capacities;
(b) agrees to provide any information and to be subject to controls
related to this Regulation;
(c) is not subject to suspension or withdrawal of the approval.
2. The approved undertakings shall provide the Member State in
whose territory the harvest of beet, cane or the refining takes place,with the following information:
(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;
(b) data regarding provisional and actual sugar beet, sugar cane and raw
sugar deliveries, and regarding sugar production and statements ofsugar stocks;
(c) quantities of white sugar sold and corresponding prices and
conditions.
Article 58
Additional and supplementary isoglucose quota
1. In the marketing year 2008/2009 an additional isoglucose quota of
100 000 tonnes shall be added to the quota of the preceding marketingyear. This increase shall not concern Bulgaria and Romania.
In the marketing year 2008/2009 an additional isoglucose quota of
11 045 tonnes for Bulgaria and of 1 966 tonnes for Romania shall be
added to the quota of the preceding marketing year.
Member States shall allocate the additional quotas to undertakings,
proportionately to the isoglucose quotas that have been allocated inaccordance with Article 56(2).
2. Italy, Lithuania and Sweden may allocate, upon request by any
undertaking established on their respective territories, a supplementaryisoglucose quota in the marketing years 2008/2009 and 2009/2010. Themaximum supplementary quotas are fixed per Member State inAnnex VII.
3. A one-off amount of EUR 730 shall be levied on the quotas that
have been allocated to undertakings in accordance with paragraph 2. Itshall be collected per tonne of supplementary quota allocated.
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Article 59
Quota management
1. The Commission shall adjust the quotas set out in Annex VI by30 April 2008 for the 2008/2009 marketing year and by 28 February2009 and 2010 respectively for the 2009/2010 and 2010/2011 marketingyears. The adjustments shall result from the application of paragraph 2of this Article and Article 58 of this Regulation, and of Articles 3and 4a(4) of Regulation (EC) No 320/2006.▼
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        - 50 -2. Taking into account the results of the restructuring scheme
provided for in Regulation (EC) No 320/2006, the Commission shalldecide by 28 February 2010 the common percentage needed to reducethe existing quotas for sugar and isoglucose per Member State or regionwith a view to avoiding market imbalances in the marketing years fromthe 2010/2011 marketing year. The Member States shall adjust thequota of each undertaking accordingly.
By way of derogation from the first subparagraph of this paragraph, for
Member States for which the national quota has been reduced as a result
of renunciations of quota in accordance with Articles 3 and 4a(4) ofRegulation (EC) No 320/2006, the Commission shall fix the percentageby way of application of Annex VIIa to this Regulation. Such MemberStates shall adjust, for each undertaking in their territory holding aquota, the percentage in accordance with Annex VIIb to this Regulation.
The first and second subparagraphs of this paragraph shall not apply to
the outermost regions referred to in Article 299(2) of the Treaty.
Article 60
National quota reallocation and reduction of quotas
1. A Member State may reduce the sugar or isoglucose quota
allocated to an undertaking established on its territory by up to 10 %
for the marketing year 2008/2009 and following, whilst respecting thefreedom of undertakings to participate in the mechanisms established byRegulation (EC) No 320/2006. In doing so, the Member States shallapply objective and non discriminatory criteria.
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2. Member States may transfer quotas between undertakings inaccordance with the rules laid down in Annex VIII and taking intoconsideration the interests of each of the parties concerned, particularlysugar beet and cane growers.
3. The quantities reduced pursuant to paragraphs 1 and 2 shall be
allocated by the Member State in question to one or more undertakingson its territory, whether or not holding a quota.
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4. By way of derogation from paragraph 3 of this Article, where
Article 4a of Regulation (EC) No 320/2006 is applied, Member Statesshall adjust the sugar quota allocated to the undertaking concerned byapplying the reduction defined under paragraph 4 of that Article, withinthe limit of the percentage fixed in paragraph 1 of this Article.
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Subsection II
Quota Overrun
Article 61
Scope
The sugar, isoglucose or inulin syrup produced during a marketing year
in excess of the quota referred to in Article 56 may be:
(a) used for the processing of certain products as referred to in
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        - 51 -(b) carried forward to the quota production of the next marketing year,
in accordance with Article 63;
(c) used for the specific supply regime for the outermost regions, in
accordance with Title II of Council Regulation (EC)
No 247/2006 (1); or
(d) exported within the quantitative limit fixed by the Commission
respecting the commitments resulting from agreements concludedin accordance with Article 300 of the Treaty.
Other quantities shall be subject to the surplus levy referred to inArticle 64.
Article 62
Industrial sugar
1. Industrial sugar, industrial isoglucose or industrial inulin syrup
shall be reserved for the production of one of the products referred to
in paragraph 2 when:
(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 with Article 57; and
(b) it has been delivered to the user by 30 November of the following
marketing year at the latest.
2. The Commission shall draw up a list of products for the
production of which industrial sugar, industrial isoglucose or industrialinulin syrup is used.
The list shall in particular include:(a) bioethanol, alcohol, rum, live yeast and quantities of syrups for
spreading and those to be processed into Rinse appelstroop ;
(b) certain industrial products without sugar content but the processing
of which uses sugar, isoglucose or inulin syrup;
(c) certain products of the chemical or pharmaceutical industry which
contain sugar, isoglucose or inulin syrup.
Article 63
Carry forward of surplus sugar
1. Each undertaking may decide to carry forward all or part of its
production in excess of its sugar quota, its isoglucose quota or its inulinsyrup quota to be treated as part of the next marketing year's production.Without prejudice to paragraph 3, that decision shall be irrevocable.
2. Undertakings which take the decision referred to in paragraph 1
shall:
(a) inform the Member State concerned before a date to be determined
by that Member State:—between 1 February and 30 June of the current marketing year
for quantities of cane sugar being carried forward,
—between 1 February and 15 April of the current marketing yearfor other quantities of sugar or inulin syrup being carriedforward;
(b) undertake to store such quantities at their own expense until the end
of the current marketing year.▼
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        - 52 -3. If an undertaking's definitive production in the marketing year
concerned was less than the estimate made when the decision inaccordance with paragraph 1 was taken, the quantity carried forwardmay be adjusted retroactively by 31 October of the following marketingyear at the latest.
4. The quantities carried forward shall be deemed to be the first
quantities produced under the quota of the following marketing year.
5. Sugar stored in accordance with this Article during a marketing
year may not be subject to any other storage measures provided for inArticles 13, 32 or 52.
Article 64
Surplus levy
1. A surplus levy shall be levied on quantities of:
(a) surplus sugar, surplus isoglucose and surplus inulin syrup produced
during any marketing year, except for quantities carried forward to
the quota production of the following marketing year and stored inaccordance with Article 63 or quantities referred to in points (c)and (d) of Article 61;
(b) industrial sugar, industrial isoglucose and industrial inulin syrup for
which no proof has been supplied, by a date to be determined bythe Commission, that it has been processed into one of the productsreferred to in Article 62(2);
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(c) sugar and isoglucose withdrawn from the market in accordance with
Articles 52 and 52a and for which the obligations provided for inArticle 52(3) are not met.
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2. The surplus levy shall be fixed by the Commission at a suffici-ently high level in order to avoid the accumulation of quantities referredto in paragraph 1.
3. The surplus levy referred to in paragraph 1 shall be charged by the
Member State to the undertakings on its territory according to thequantities of production referred to in paragraph 1 that have been estab-
lished for those undertakings for the marketing year concerned.
Section III
Milk
Subsection I
General provisions
Article 65
Definitions
For the purposes of this Section:
(a)‘milk’shall mean the produce of the milking of one or more cows;
(b)‘other milk products ’means any milk product other than milk, in
particular skimmed milk, cream, butter, yoghurt and cheese; when
relevant, these shall be converted into ‘milk equivalents ’by
applying coefficients to be fixed by the Commission;▼
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        - 53 -(c)‘producer ’means a farmer with a holding located within the geogra-
phical territory of a Member State, who produces and markets milk
or who is preparing to do so in the very near future;
(d)‘holding ’means a holding as defined in Article 2 of Regulation
(EC) No 1782/2003;
(e)‘purchaser ’means undertakings or groups which buy milk from
producers:
—to subject it to collecting, packing, storing, chilling or
processing, including under contract,
—to sell it to one or more undertakings treating or processing milkor other milk products.
However, any group of purchasers in the same geographical areawhich carries out the administrative and accounting operationsnecessary for the payment of the surplus levy on behalf of itsmembers shall be regarded as a purchaser. For the purposes ofthe first sentence of this subparagraph, Greece shall be considereda single geographical area and it may deem an official body to be agroup of purchasers;
(f)‘delivery ’means any delivery of milk, not including any other milk
products, by a producer to a purchaser, whether the transport iscarried out by the producer, a purchaser, an undertaking processingor treating such products or a third party;
(g)‘direct sale ’means any sale or transfer of milk by a producer
directly to consumers, as well as any sale or transfer of othermilk products by a producer. The Commission may, whilerespecting the definition of ‘delivery ’given in point (f), adjust the
definition of ‘direct sale ’in order to ensure, in particular, that no
quantity of marketed milk or other milk products is excluded from
the quota arrangements;
(h)‘marketing ’means deliveries of milk or direct sales of milk or other
milk products;
(i)‘individual quota ’means a producer's quota at 1 April of any
twelve-month period;
(j)‘national quota ’means the quota referred to in Article 66, fixed for
each Member State;
(k)‘available quota ’means the quota available to producers on 31
March of the twelve-month period for which the surplus levy iscalculated, taking account of all transfers, sales, conversions andtemporary re-allocations provided for in this Regulation whichhave taken place during that twelve-month period.
Subsection II
Quota allocation and management
Article 66
National quotas
1. The national quotas for the production of milk and other milkproducts marketed during seven consecutive periods of twelve months
commencing on 1 April 2008 (hereinafter referred to as ‘twelve-month
periods ’) are fixed in point 1 of Annex IX.
2. The quotas referred to in paragraph 1 shall be divided between
producers in accordance with Article 67, distinguishing betweendeliveries and direct sales. Any overrun of the national quotas shallbe determined nationally in each Member State, in accordance with▼
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        - 54 -this Section and making a distinction between deliveries and direct
sales.
3. The national quotas set out in point 1 of Annex IX shall be fixed
without prejudice to possible review in the light of the general market
situation and particular conditions existing in certain Member States.
4. For Bulgaria and Romania a special restructuring reserve shall be
established as set out in point 2 of Annex IX. This reserve shall bereleased as from 1 April 2009 to the extent that the on-farmconsumption of milk and milk products in each of these countries hasdecreased since 2002.
The decision on releasing the reserve and its distribution to the
deliveries and direct sales quota shall be taken by the Commission on
the basis of a report to be submitted by Bulgaria and Romania to the
Commission by 31 December 2008. This report shall detail the resultsand trends of the actual restructuring process in each country's dairysector, and in particular the shift from production for on-farmconsumption to production for the market.
5. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia,
Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakiathe national quotas shall include all milk or milk equivalent deliveredto a purchaser or sold directly, irrespective of whether it is produced ormarketed under a transitional measure applicable in those countries.
Article 67
Individual quotas
1. The producers' individual quota or quotas at 1 April 2008 shall beequal to their individual reference quantity or quantities at 31 March2008 without prejudice to transfers, sales and conversions of quota thattake effect on 1 April 2008.
2. Producers may have either one or two individual quotas, one for
deliveries and the other for direct sales. A producer's quantities may be
converted from one quota to the other only by the competent authority
of the Member State, at the duly justified request of the producer.
3. Where a producer has two quotas, his contribution to any surplus
levy due shall be calculated separately for each.
4. The part of the Finnish national quota allocated to the deliveries
referred to in Article 66 may be increased by the Commission tocompensate Finnish SLOM producers up to200 000 tonnes. Thisreserve, to be allocated in accordance with Community legislation,
must be used exclusively on behalf of producers whose right to take
up production again has been affected as a result of accession.
5. Individual quotas shall be modified, where appropriate, for each of
the twelve-month periods concerned, so that, for each Member State, thesum of the individual quotas for the deliveries and that for the directsales does not exceed the corresponding part of the national quotaadapted in accordance with Article 69, taking account of any reductionsmade for allocation to the national reserve as provided for in Article 71.
Article 68
Allocation of quotas from the national reserve
Member States shall adopt rules allowing for allocation to producers of
all or part of the quotas from the national reserve provided for inArticle 71 on the basis of objective criteria to be notified to theCommission.▼
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        - 55 -Article 69
Management of quotas
1. The Commission shall adapt, for each Member State and for each
period, before the end of that period, the division between ‘deliveries ’
and‘direct sales’ of national quotas, in the light of the conversions
requested by producers, between individual quotas for deliveries andfor direct sales.
2. Member States shall each year forward to the Commission, by
dates and according to rules to be fixed by the Commission inaccordance with Article 192(2), the information necessary to:
(a) make the adaptation referred to in paragraph 1 of this Article;
(b) calculate the surplus levy to be paid by them.
Article 70
Fat content
1. Each producer shall be assigned a reference fat content, to be
applied to the individual quota for deliveries allocated to that producer.
2. For the quotas allocated to producers on 31 March 2008 in
accordance with Article 67(1), the reference fat content referred to inparagraph 1 shall be the same as the reference fat content applied to thatquota at that date.
3. The reference fat content shall be altered during the conversion
referred to in Article 67(2) and where quotas are acquired, transferred ortemporarily transferred in accordance with rules to be established by theCommission.
4. For new producers having an individual quota for deliveries
allocated entirely from the national reserve, the fat content shall be
fixed in accordance with rules to be established by the Commission.
5. The individual reference fat content referred to in paragraph 1
shall be adjusted, where appropriate, upon the entry into force of thisRegulation and thereafter, at the beginning of each twelve-month periodas necessary, so that, for each Member State, the weighted average ofthe individual representative fat contents does not exceed by more than0,1 gram per kg the reference fat content set in Annex X.
For Romania the reference fat content set in Annex X shall be reviewed
on the basis of the figures for the full year 2004 and, if necessary,adjusted by the Commission.
Article 71
National reserve
1. Each Member State shall set up a national reserve as part of thenational quotas fixed in Annex IX, in particular with a view to makingthe allocations provided for in Article 68. The national reserve shall bereplenished, as appropriate, by withdrawing some quantities as providedfor in , retaining part of transfers as provided for in Article 76, or bymaking an across-the-board reduction in all individual quotas. Thequotas in question shall retain their original purpose, i.e. deliveries ordirect sales.
2. Any additional quota allocated to a Member State shall automa-
tically be placed in the national reserve and divided into deliveries anddirect sales according to foreseeable needs.
3. The quotas placed in the national reserve shall not have a
reference fat content.▼
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        - 56 -Article 72
Cases of inactivity
1. When a natural or legal person holding individual quotas no
longer meets the conditions referred to in point (c) of Article 65during a twelve-month period, the corresponding quantities shallrevert to the national reserve no later than 1 April of the followingcalendar year, unless that person becomes once again a producerwithin the meaning of point (c) of Article 65 before that date.
Where that person becomes once again a producer not later than the end
of the second twelve-month period following withdrawal, all or part ofthe individual quota which had been withdrawn shall revert to thatperson no later than 1 April following the date of application.
2. Where producers do not market a quantity equal to at least
►
M7 85 %◄of their individual quota during at least one twelve-
month period, Member States may decide whether and on what
conditions all or part of the unused quota shall revert to the national
reserve.
Member States may determine on what conditions a quota shall be re-
allocated to the producer concerned should he resume marketing.
3. Paragraphs 1 and 2 shall not apply in cases of force majeure and
in duly justified cases temporarily affecting the production capacity of
the producers concerned and recognised by the competent authority.
Article 73
Temporary transfers
1. By the end of each twelve-month period, Member States shallauthorise, for the period concerned, any temporary transfers of part ofindividual quotas which the producers who are entitled thereto do notintend to use.
Member States may regulate transfer operations according to the cate-
gories of producers or milk production structures concerned, may limit
them to the level of the purchaser or within regions, authorise complete
transfers in the cases referred to in (3) and determine to what extent thetransferor can repeat transfer operations.
2. Any Member State may decide not to implement paragraph 1 on
the basis of one or both of the following criteria:
(a) the need to facilitate structural changes and adjustments;(b) overriding administrative needs.
Article 74
Transfers of quotas together with land
1. Individual quotas shall be transferred with the holding to the
producers taking it over when it is sold, leased, transferred by actualor anticipated inheritance or any other means involving comparablelegal effects for the producers, in accordance with detailed rules to be
determined by the Member States, taking account of the areas used for
dairy production or other objective criteria and, where applicable, of anyagreement between the parties. The part of the quota which, whereapplicable, has not been transferred with the holding shall be addedto the national reserve.
2. Where quotas have been or are transferred in accordance with
paragraph 1 by means of rural leases or by other means involvingcomparable legal effects, Member States may decide, on the basis ofobjective criteria and with the aim of ensuring that quotas are attributed▼
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        - 57 -solely to producers, that the quota shall not be transferred with the
holding.
3. Where land is transferred to the public authorities and/or for use in
the public interest, or where the transfer is carried out for non-agri-cultural purposes, Member States shall ensure that the necessarymeasures are taken to protect the legitimate interests of the parties,and in particular, that producers giving up such land are in a positionto continue milk production if they so wish.
4. Where there is no agreement between the parties, in the case of
tenancies due to expire without any possibility of renewal on similarterms, or in situations involving comparable legal effects, the individualquotas in question shall be transferred in whole or in part to theproducer taking them over, in accordance with provisions adopted bythe Member States, taking account of the legitimate interests of theparties.
Article 75
Special transfer measures
1. With a view to successfully restructuring milk production orimproving the environment, Member States may, in accordance withdetailed rules which they shall lay down, taking account of thelegitimate interests of the parties concerned:
(a) grant compensation in one or more annual instalments to producers
who undertake to abandon permanently all or part of their milk
production and place the individual quotas thus released in thenational reserve;
(b) determine on the basis of objective criteria the conditions on which
producers may obtain, in return for payment, at the beginning of a
twelve-month period, the re-allocation by the competent authority ora body designated by that authority of individual quotas releaseddefinitively at the end of the preceding twelve-month period byother producers in return for compensation in one or more annualinstalments equal to the abovementioned payment;
(c) centralise and supervise transfers of quotas without land;
(d) provide, in the case of land transferred with a view to improving the
environment, for the individual quota concerned to be allocated to a
producer giving up the land but wishing to continue milkproduction;
(e) determine, on the basis of objective criteria, the regions or
collection areas within which the permanent transfer of quotaswithout transfer of the corresponding land is authorised, with theaim of improving the structure of milk production;
(f) authorise, upon application by a producer to the competent authority
or a body designated by that authority, the definitive transfer ofquotas without transfer of the corresponding land, or vice versa,with the aim of improving the structure of milk production at thelevel of the holding or to allow for extensification of production.
2. Paragraph 1 may be implemented at national level, at the appro-priate territorial level or in specified collection areas.
Article 76
Retention of quotas
1. In the case of transfers as referred to in Articles 74 and 75
Member States may, on the basis of objective criteria, retain part ofthe individual quotas for their national reserve.▼
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        - 58 -2. Where quotas have been or are transferred in accordance with
Articles 74 and 75 with or without the corresponding land by meansof rural leases or by other means involving comparable legal effects,Member States may decide, on the basis of objective criteria and withthe aim of ensuring that quotas are attributed solely to producers,whether and under which conditions all or part of the transferredquota shall revert to the national reserve.
Article 77
Aid for the acquisition of quotas
No financial assistance linked directly to the acquisition of quotas maybe granted by any public authority for the sale, transfer or allocation ofquotas under this Section.
Subsection III
Quota overrun
Article 78
Surplus levy
1. A surplus levy shall be payable on milk and other milk productsmarketed in excess of the national quota as established in accordancewith Subsection II.
The levy shall be set, per 100 kilograms of milk, at EUR 27,83.
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However, for the twelve-month periods starting on 1 April 2009 and
1 April 2010, the surplus levy for milk delivered in excess of 106 % of
the national quota for deliveries applicable for the twelve-month periodstarting on 1 April 2008 shall be set at 150 % of the levy referred to inthe second subparagraph.
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1a. By way of derogation from the first subparagraph of paragraph 1,
for the 12-month periods starting on 1 April 2009 and 1 April 2010 and
as regards deliveries the surplus levy shall be payable on milk marketed
in excess of the national quota as established in accordance withSubsection II and reduced by individual quotas for deliveries releasedinto the national reserve in accordance with Article 75(1)(a) as from30 November 2009 and kept therein until 31 March of the 12-monthperiod concerned.
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2. Member States shall be liable to the Community for the surpluslevy resulting from overruns of the national quota, determinednationally and separately for deliveries and direct sales, and between16 October and 30 November following the twelve-month periodconcerned, shall pay 99 % of the amount due to the EAGF.
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2a. The difference between the amount of the surplus levy resulting
from the application of paragraph 1 aand that resulting from the appli-
cation of the first subparagraph of paragraph 1 shall be used by theMember State for financing restructuring measures in the dairy sector.
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3. If the surplus levy provided for in paragraph 1 has not been paidbefore the due date and after consultation of the Committee of theAgricultural Funds, the Commission shall deduct a sum equivalent tothe unpaid surplus levy from the monthly payments within the meaningof Articles 14 and 15(2) of Regulation (EC) No 1290/2005. Beforetaking its decision, the Commission shall warn the Member State▼
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        - 59 -concerned, which shall make its position known within one week.
Article 14 of Council Regulation (EC) No 2040/2000 (1) shall not apply.
4. The Commission shall determine the arrangements for the imple-
mentation of this Article.
Article 79
Contribution of producers to the surplus levy due
The surplus levy shall be entirely allocated, in accordance withArticles 80 and 83, among the producers who have contributed toeach of the overruns of the national quotas referred to in Article 66(2).
Without prejudice to Articles 80(3) and 83(1), producers shall be liable
vis-à-vis the Member State for payment of their contribution to thesurplus levy due, calculated in accordance with Articles 69, 70 and80, for the mere fact of having overrun their available quotas.
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For the 12-month periods starting on 1 April 2009 and 1 April 2010 and
as regards the deliveries, the surplus levy shall be entirely allocated, inaccordance with Articles 80 and 83, among the producers who havecontributed to the overrun of the national quota as established by appli-cation of Article 78(1 a).
▼
B
Article 80
Surplus levy on deliveries
1. In order to draw up the definitive surplus levy statement, thequantities delivered by each producer shall be increased or reduced toreflect any difference between the real fat content and the reference fatcontent, using coefficients and on terms to be laid down by theCommission.
▼
M7
At national level, the surplus levy shall be calculated on the basis of thesum of the deliveries, adjusted in accordance with the first subpara-graph.
__________
▼B
3. Each producer's contribution to payment of the surplus levy shallbe established by decision of the Member State, after any unused part ofthe national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer oraccording to objective criteria to be set by the Member States:
(a) either at national level on the basis of the amount by which each
producer's quota has been exceeded;
(b) or firstly at the level of the purchaser and thereafter at national level
where appropriate.
▼
M7
Where the third subparagraph of Article 78(1) applies, Member States,
in establishing each producer's contribution to the amount of levypayable due to the application of the higher rate referred to in thatsubparagraph, shall ensure that this amount is contributed proportio-nately by the producers responsible according to objective criteria tobe set by the Member State.▼
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(1) OJ L 244, 29.9.2000, p. 27.
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        - 60 -Article 81
Role of purchasers
1. Purchasers shall be responsible for collecting from producers
contributions due from the latter by virtue of the surplus levy andshall pay to the competent body of the Member State, before a dateand following a procedure to be laid down by the Commission, theamount of these contributions deducted from the price of the milkpaid to the producers responsible for the overrun or, failing this,collected by any other appropriate means.
2. Where a purchaser fully or partially replaces one or more other
purchasers, the individual quotas available to the producers shall betaken into account for the remainder of the twelve-month period inprogress, after deduction of quantities already delivered and accountbeing taken of their fat content. This paragraph shall also applywhere a producer transfers from one purchaser to another.
3. Where, during the reference period, quantities delivered by a
producer exceed that producer's available quota, the relevant MemberState may decide that the purchaser shall deduct part of the price of the
milk in any delivery by the producer concerned in excess of the quota,
by way of an advance on the producer's contribution, in accordancewith detailed rules laid down by the Member State. The MemberState may make specific arrangements to enable purchasers to deductthis advance where producers deliver to several purchasers.
Article 82
Approval
Purchaser status shall be subject to prior approval by the Member State
in accordance with criteria to be laid by the Commission.
The conditions to be fulfilled and information to be provided by
producers in the case of direct sales shall be established by theCommission.
Article 83
Surplus levy on direct sales
1. In the case of direct sales, each producer's contribution to payment
of the surplus levy shall be established by decision of the Member State,after any unused part of the national quota allocated to direct sales hasor has not been re-allocated, at the appropriate territorial level or atnational level.
2. Member States shall establish the basis of calculation of the
producer's contribution to the surplus levy due on the total quantityof milk sold, transferred or used to manufacture the milk productssold or transferred by applying criteria fixed by the Commission.
3. No correction linked to fat content shall be taken into account for
the purpose of drawing up the definitive surplus levy statement.
4. The Commission shall determine how and when the surplus levy
must be paid to the Member State's competent body.
Article 84
Amounts paid in excess or unpaid
1. Where, in the case of deliveries or direct sales, the surplus levy is
found to be payable and the contribution collected from producers isgreater than that levy, the Member State may:▼
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        - 61 -(a) use partially or totally the excess to finance the measures in point
(a) of Article 75(1), and/or
(b) redistribute it partially or totally to producers who:
—fall within priority categories established by the Member State
on the basis of objective criteria and within the period to be laiddown by the Commission, or
—are affected by an exceptional situation resulting from a national
rule unconnected with the quota system for milk and other milk
products set up by this Chapter.
2. Where it is established that no surplus levy is payable, any
advances collected by purchasers or the Member State shall be reim-bursed no later than the end of the following twelve-month period.
3. Where a purchaser does not meet the obligation to collect the
producers' contribution to the surplus levy in accordance withArticle 81, the Member State may collect unpaid amounts directlyfrom the producer, without prejudice to any penalties it may imposeupon the defaulting purchaser.
4. Where a producer or a purchaser fails to comply with the time
limit for payment, interest on arrears to be fixed by the Commissionshall be paid to the Member State.
▼
M7
Section IIIa
Potato starch quotas
Article 84a
Potato starch quotas
1. The potato starch producing Member States shall be allocated
quotas for the marketing year during which the quota scheme appliesin accordance with Article 204(5) and Annex Xa.
2. Each producer Member State referred to in Annex Xa shall
allocate its quota among potato starch manufacturers for use in themarketing years concerned on the basis of the subquotas allocated toeach manufacturer in 2007/2008.
3. An undertaking producing potato starch shall not conclude culti-
vation contracts with potato producers for a quantity of potatoes whichwould produce a quantity of starch in excess of its quota as referred toin paragraph 2.
4. Any potato starch produced in excess of the quota as referred to in
paragraph 2 shall be exported, as such, from the Community before 1January following the end of the marketing year in question. No exportrefund shall be paid in respect of it.
5. Notwithstanding paragraph 4, an undertaking producing potato
starch may, in any marketing year, in addition to its quota for thatyear, utilise no more than 5 % of its quota relating to the followingmarketing year. In such case, the quota for the following marketing yearshall be reduced accordingly.
6. The provisions of this Section shall not apply to the production of
potato starch by undertakings which are not subject to paragraph 2 ofthis Article and which purchase potatoes for which producers do notbenefit from the payment provided for in Article 77 of Regulation▼
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        - 62 -(EC) No 73/2009 of 19 January 2009 establishing common rules for
direct support schemes under the Common Agricultural Policy andestablishing certain support schemes for farmers (
1).
▼M10
Section IV
Procedural rules concerning sugar, milk and
potato starch quotas
▼B
Article 85
Implementing rules
►M10 The Commission shall adopt detailed rules for the application
of Sections I to IIIa which may relate, in particular, to: ◄
(a) supplementary information to be submitted by approved under-
takings referred to in Article 57 as well as the criteria for adminis-trative penalties, suspensions and withdrawal of approval of theundertakings;
(b) the establishment and the communications of the amounts referred
to in Article 58 and the surplus levy referred to in Article 64;
(c) derogations from the dates laid down in Article 63;
▼
M7
(d) in respect of Section IIIa, mergers, changes of ownership and the
commencement or cessation of trading of potato starch manufac-
turers.
▼M10
Section IVa
Production potential in the wine sector
Subsection I
Unlawful plantings
Article 85a
Unlawful plantings planted after 31 August 1998
1. Producers shall grub up at their own cost areas planted with vines
without a corresponding planting right, where applicable, after
31 August 1998.
2. Pending grubbing-up in accordance with paragraph 1, grapes and
products made from grapes from areas referred to in that paragraph maybe put into circulation only for the purposes of distillation at theexclusive expense of the producer. The products resulting from distil-lation may not be used in the preparation of alcohol having an actualalcoholic strength by 80 % volume or less.
3. Without prejudice, where applicable, to earlier penalties imposed
by Member States, Member States shall impose penalties on producerswho have not complied with this grubbing-up obligation graduatedaccording to the severity, extent and duration of the non-compliance.
4. The end of the transitional ban on new plantings on 31 December
2015, as provided for in Article 85g(1), shall not affect the obligationsprovided for in this Article.▼
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(1) See page 16 of this Official Journal.
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        - 63 -Article 85b
Obligatory regularisation of unlawful plantings planted before
1 September 1998
1. Producers shall, against the payment of a fee and not later than
31 December 2009, regularise areas planted with vines without a corre-sponding planting right, where applicable, before 1 September 1998.
Without prejudice to any proceedings under clearance of accounts, the
first subparagraph shall not apply to areas regularised on the basis ofArticle 2(3) of Regulation (EC) No 1493/1999.
2. The fee referred to in paragraph 1 shall be determined by Member
States. It shall be equivalent to at least twice the average value of the
corresponding planting right in the region concerned.
3. Pending regularisation under paragraph 1, grapes or products made
from grapes from areas referred to in that paragraph may be put intocirculation only for the purpose of distillation at the exclusive expenseof the producer. The products may not be used in the preparation ofalcohol having an actual alcoholic strength of 80 % volume or less.
4. Unlawful areas referred to in paragraph 1 which are not regu-
larised in accordance with that paragraph by 31 December 2009 shallbe grubbed up by the producers concerned at their own expense.
Member States shall impose penalties, graduated according to the
severity, extent and duration of the non-compliance, on producerswho do not comply with this grubbing-up obligation.
Pending the grubbing-up referred to in the first subparagraph, paragraph
3 shall apply mutatis mutandis .
5. The end of the transitional ban on new plantings on 31 December
2015, as provided for in Article 85g(1), shall not affect the obligationsprovided for in paragraphs 3 and 4.
Article 85c
Verification of non-circulation or distillation
1. In relation to Article 85a(2) and Article 85b(3) and (4), MemberStates shall require proof of non-circulation of the products concernedor, where the products concerned are distilled, the submission of distil-lation contracts.
2. Member States shall verify non-circulation and distillation referred
to in paragraph 1. They shall impose penalties in case of non-compliance.
3. Member States shall notify the Commission of the areas subject to
distillation and the corresponding volumes of alcohol.
Article 85d
Accompanying measures
Areas referred to in the first subparagraph of Article 85b(1), as long asthey are not regularised and areas referred to in Article 85a(1) shall notbenefit from any national or Community support measures.
Article 85e
Implementing measures
Detailed rules for the implementation of this Subsection shall beadopted by the Commission.▼
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        - 64 -Those rules may include:
(a) details on the communication requirements of Member States,
including possible reductions of the budget allocations referred to
in Annex Xb in case of non-compliance;
(b) details on the penalties to be imposed by Member States in case of
non-compliance with the obligations laid down in Articles 85a, 85band 85c.
Subsection II
Transitional planting right regime
Article 85f
Duration
This Subsection shall apply until 31 December 2015.
Article 85g
Transitional prohibition on planting vines
1. Without prejudice to Article 120a(1) to (6) and in particular
paragraph 4 thereof, the planting of vines of wine grape varieties clas-sifiable according to Article 120a(2) shall be prohibited.
2. Grafting-on of wine grape varieties classifiable according to
Article 120a(2) to varieties other than wine grape varieties referred to
in that Article shall also be prohibited.
3. Notwithstanding paragraphs 1 and 2, plantings and grafting-on as
referred to in those paragraphs shall be allowed if covered by:
(a) a new planting right, as provided for in Article 85h;
(b) a replanting right, as provided for in Article 85i;
(c) a planting right granted from a reserve, as provided for in Articles
85j and 85k.
4. The planting rights referred to in paragraph 3 shall be granted in
hectares.
5. Member States may decide to maintain the prohibition referred to
in paragraph 1 in their territory or parts of their territory until31 December 2018 at the latest. In such cases the rules governing thetransitional planting right regime as laid down in this Subsection,including this Article, shall apply accordingly in the given MemberState.
Article 85h
New planting rights
1. Member States may grant new planting rights to producers inrespect of areas:
(a) intended for new plantings carried out under measures for land
consolidation or measures concerning compulsory purchases in the
public interest adopted under national law;
(b) intended for experimental purposes;
(c) intended for graft nurseries; or
(d) whose wine or vine products are intended solely for the
consumption by the wine-grower ’s household.▼
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        - 65 -2. New planting rights granted shall be:
(a) exercised by the producer to whom they are granted;
(b) used before the end of the second wine year after the one in which
they were granted;
(c) used for the purposes for which they were granted.
Article 85i
Replanting rights
1. Member States shall grant replanting rights to producers who have
grubbed up an area planted with vines.
However, grubbed-up areas for which a grubbing-up premium is granted
in accordance with Subsection III shall not generate replanting rights.
2. Member States may grant replanting rights to producers who
undertake to grub up an area planted with vines. In such cases, the
grubbing-up of the pledged area shall be carried out at the latest atthe end of the third year after which new vines for which the replantingrights had been granted have been planted.
3. Replanting rights granted shall correspond to the equivalent of the
grubbed-up area in terms of pure crop.
4. Replanting rights shall be exercised on the holding in respect of
which they were granted. Member States may further stipulate that such
replanting rights may be exercised only on the area where the grubbing-
up was carried out.
5. By way of derogation from paragraph 4, Member States may
decide that replanting rights may be transferred, in whole or in part,to another holding in the same Member State in the following cases:
(a) part of the holding concerned is transferred to that other holding;
(b) areas on that other holding are intended for:
(i) the production of wines with a protected designation of origin
or a protected geographical indication; or
(ii) the cultivation of graft nurseries.
Member States shall ensure that the application of the derogation
provided for in the first subparagraph does not lead to an overallincrease in production potential on their territory, in particular whentransfers are made from non-irrigated to irrigated areas.
6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to
replanting rights acquired under prior Community or national legis-
lation.
7. Replanting rights granted under Article 4(5) of Regulation (EC)
No 1493/1999 shall be used within the periods provided for therein.
Article 85j
National and regional reserve of planting rights
1. In order to improve management of the production potential,Member States shall create a national reserve or regional reserves ofplanting rights.
2. Member States which have established national or regional
reserves of planting rights under Regulation (EC) No 1493/1999 maymaintain those reserves as long as they apply the transitional plantingright regime in accordance with this Subsection.▼
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        - 66 -3. The following planting rights shall be allocated to national or
regional reserves if they are not used within the prescribed period:
(a) new planting rights;(b) replanting rights;(c) planting rights granted from the reserve.4. Producers may transfer replanting rights to national or regional
reserves. The conditions of such transfer, where necessary in returnfor a payment from national funds, shall be determined by theMember States taking into account the legitimate interests of the parties.
5. By way of derogation from paragraph 1, Member States may
decide not to implement a reserve system provided that they canprove that an effective alternative system for managing planting rightsexists throughout their territory. The alternative system may, wherenecessary, derogate from the relevant provisions of this Subsection.
The first subparagraph shall also apply to Member States which cease
the operation of national or regional reserves under Regulation (EC) No1493/1999.
Article 85k
Granting planting rights from the reserve
1. Member States may grant rights from a reserve:
(a) without payment, to producers who are under 40 years of age, who
possess adequate occupational skills and competences, who are
setting up for the first time and who are established as the head
of the holding;
(b) against payment into national or, if appropriate, regional funds, to
producers who intend to use the rights to plant vineyards theproduction of which has an assured outlet.
Member States shall define the criteria for setting the amounts of thepayment referred to in point (b) of the first subparagraph, which may
vary depending on the final intended product of the vineyards concernedand on the residual transitional period during which the prohibition onnew plantings, as provided for in Article 85g(1) and (2), applies.
2. Where planting rights granted from a reserve are used, Member
States shall ensure that:
(a) the location and the varieties and the cultivation techniques used
guarantee that the subsequent production is adapted to market
demand;
(b) the yields concerned are typical of the average in the region, in
particular where planting rights originating in non-irrigated areasare used in irrigated areas.
3. Planting rights granted from a reserve which are not used before
the end of the second wine year after the one in which they weregranted shall be forfeited and re-allocated to the reserve.
4. Planting rights in a reserve which are not disbursed before the end
of the fifth wine year following their allocation to the reserve shall beextinguished.
5. If regional reserves exist in a Member State, the Member State
may lay down rules permitting the transfer of planting rights betweenregional reserves. If both regional and national reserves exist in aMember State, the Member State may also allow for transfersbetween those reserves.
Transfers may be subject to a reduction coefficient.▼
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        - 67 -Article 85l
De minimis
This Subsection shall not apply in Member States where the Community
planting right regime did not apply by 31 December 2007.
Article 85m
Stricter national rules
Member States may adopt stricter national rules in respect of the award
of new planting rights or replanting rights. They may require that therespective applications and the relevant information to be suppliedtherein be supplemented by additional information necessary for moni-toring the development of production potential.
Article 85n
Implementing measures
Detailed rules for the implementation of this Subsection shall be
adopted by the Commission.
Those rules may in particular include:
(a) provisions to avoid excessive administrative charges when applying
the provisions of this Subsection;
(b) the co-existence of vines pursuant to Article 85i(2);(c) the application of the reduction coefficient referred to in
Article 85k(5).
Subsection III
Grubbing up scheme
Article 85o
Duration
The provisions of this Subsection shall apply until the end of the wine
year 2010/2011.
Article 85p
Scope and definition
This Subsection lays down the conditions under which vine-growersshall receive a premium in exchange for grubbing up vines (hereinafterreferred to as the grubbing-up premium).
Article 85q
Conditions of eligibility
The grubbing-up premium may be granted only if the area concernedcomplies with the following conditions:
(a) it did not receive Community or national support for restructuring
and conversion-type measures within the 10 wine years preceding
the grubbing-up request;▼
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        - 68 -(b) it did not receive Community support under any other common
market organisation within the five wine years preceding the
grubbing-up request;
(c) it is tended;
(d) it is not smaller than 0,1 hectares. However, if a Member State so
decides, that minimum size may be 0,3 hectares in certain admin-
istrative regions of that Member State in which the average of the
area planted with vines of a wine holding exceeds one hectare;
(e) it has not been planted in violation of any applicable Community or
national legislation; and
(f) it is planted with a wine grape variety classifiable according to
Article 120a(2).
Notwithstanding point (e) of the first paragraph, areas regularised in
accordance with Article 2(3) of Regulation (EC) No 1493/1999 andArticle 85b(1) of this Regulation shall be eligible for the grubbing-uppremium.
Article 85r
Amount of the grubbing-up premium
1. Scales for the grubbing-up premiums to be granted shall be fixedby the Commission.
2. The specific amount of the grubbing-up premium shall be estab-
lished by Member States within the scales referred to in paragraph 1 andon the basis of the historical yields of the holding concerned.
Article 85s
Procedure and budget
1. Interested producers shall submit applications for the grubbing-up
premium to the respective authorities in Member States not later than 15September of each year. Member States may fix an earlier date than 15September provided that it is later than 30 June and that they take into
due account, where applicable, their application of the exemptions
provided for in Article 85u.
2. Member States shall carry out administrative controls concerning
the applications received, process eligible applications and notify to theCommission by 15 October each year the total area and amountscovered by those applications split by regions and by yield ranges.
3. The maximum annual budget for the grubbing-up scheme is set
out in Annex Xd.
4. By 15 November each year, the Commission shall set a single
percentage for acceptance of the amounts notified if the total amountnotified to the Commission by Member States exceeds the availablebudget resources, regard being had, where applicable, to the applicationof Article 85u(2) and (3).
5. By 1 February each year, Member States shall accept the appli-
cations:
(a) for the areas applied for in their entirety if the Commission has not
set a percentage as referred to in paragraph 4; or
(b) for the areas resulting from the application of the percentage
referred to in paragraph 4 based on objective and non-discrimi-
natory criteria and in accordance with the following priorities:▼
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        - 69 -(i) Member States shall give priority to applicants whose appli-
cation for the grubbing-up premium covers their entire
vineyard;
(ii) Member States shall give second priority to applicants who are
not less than 55 years old, or older, where Member States so
provide.
Article 85t
Cross-compliance
Where farmers are found not to have complied on their holding, at anytime during three years from payment of the grubbing-up premium, withthe statutory management requirements and the good agricultural andenvironmental condition referred to in Articles 3 to 7 of Regulation(EC) No 1782/2003, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputableto the farmer, be reduced or cancelled, partially or wholly dependingon the severity, extent, permanence and repetition of the non-
compliance, and the farmer shall, where applicable, be ordered to
reimburse it in accordance with the conditions set out in thoseprovisions.
Article 85u
Exemptions
1. A Member State may decide to reject any further applications
referred to in Article 85s(1) once the accumulated grubbed-up area onits territory reaches 8 % of its area planted with vines as referred to inAnnex Xe.
A Member State may decide to reject any further applications referred
to in Article 85s(1) for a region once the accumulated grubbed-up areain that region reaches 10 % of the region ’s area planted with vines.
2. The Commission may decide to stop the application of the
grubbing-up scheme in a Member State if, taking into account the
pending applications, continued grubbing-up would lead to acumulated grubbed-up area of more than 15 % of the Member State ’s
total area planted with vines as referred to in Annex Xe.
3. The Commission may decide to stop the application of the
grubbing-up scheme in a Member State for a given year if, taking
into account the pending applications, continued grubbing-up wouldlead to a grubbed-up area of more than 6 % of the Member State ’s
total area planted with vines as referred to in Annex Xe in that
particular year of the scheme ’s operation.
4. Member States may declare vines in mountain and steep-slope
areas ineligible for the grubbing-up scheme in accordance with
conditions to be determined by the Commission.
5. Member States may declare areas ineligible for the grubbing-up
scheme where application of the scheme would be incompatible withenvironmental concerns. Areas thus declared ineligible shall not exceed
3 % of the total area planted with vines as referred to in Annex Xe.
6. Greece may declare areas planted with vines on the Aegean
islands and the Greek Ionian islands, with the exception of Crete andEubia, ineligible under the grubbing-up scheme.
7. The grubbing-up scheme set out in this Subsection shall not apply
in the Azores, Madeira and the Canary Islands.
8. Member States shall grant producers in the areas ineligible or
declared ineligible under paragraphs 4 to 7 priority under other▼
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        - 70 -support measures laid down in this Regulation in respect of the wine
sector, in particular, where applicable, the restructuring and conversionmeasure under the support programmes and rural developmentmeasures.
Article 85v
De minimis
This Subsection shall not apply in Member States where wine
production does not exceed 50 000 hectolitres per wine year. Thisproduction shall be calculated on the basis of the average production
during the previous five wine years.
Article 85w
Complementary national aid
Member States may grant complementary national aid not exceeding
75 % of the applicable grubbing-up premium in addition to thegrubbing-up premium granted.
Article 85x
Implementing measures
Detailed rules for the implementation of this Subsection shall be
adopted by the Commission.
Those rules may in particular include:(a) details on the conditions of eligibility referred to in Article 85q, in
particular as regards proof that areas were properly tended in 2006
and 2007;
(b) the premium scales and amounts referred to in Article 85r;
(c) the criteria for exemptions as referred to in Article 85u;
(d) the reporting requirements of Member States concerning the imple-
mentation of the grubbing-up scheme, including penalties in case of
delays in reporting and the information which Member States giveto producers concerning the availability of the scheme;
(e) the reporting requirements as regards complementary national aid;
(f) deadlines for payments.▼
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        - 71 -CHAPTER IV
Aid schemes
Section I
Aid for processing
Subsection I
Dried fodder
Article 86
Eligible undertakings
1. Aid for processing in respect of the products of the dried fodder
sector shall be granted to undertakings processing products of thatsector falling into at least one of the following categories:
(a) processors who have concluded contracts with producers of fodder
for drying. Where a contract is a special-order contract for
processing of fodder delivered by a producer, it shall include aclause containing an obligation for the processing undertakings topay the producer the aid received for the quantity processed underthe contract;
(b) undertakings which have processed their own crop or, in the case of
a group, that of its members;
(c) undertakings which have obtained their supplies from natural or
legal persons having concluded contracts with producers of fodderfor drying.
2. The aid provided for in paragraph 1 shall be paid in respect ofdried fodder that has left the processing plant and meets the followingrequirements:
(a) its maximum moisture content is from 11 % to 14 % which may
vary depending on the presentation of the product;
(b) its minimum total crude protein content in the dry matter is not less
than:(i) 15 % for the products referred to in point (a) and the second
indent of point (b) of Part IV of Annex I;
(ii) 45 % for the products referred to in the first indent of point (b)
of Part IV of Annex I;
(c) it is of sound and fair merchantable quality.
Article 87
Advance payment
1. Processing undertakings shall be entitled to an advance payment of
EUR 19,80 per tonne, or EUR 26,40 per tonne if they have lodged asecurity of EUR 6,60 per tonne.
Member States shall make the necessary checks to verify entitlement to
the aid. Once entitlement has been established the advance shall be paid.
However, the advance may be paid before entitlement has been estab-
lished provided the processor lodges a security equal to the amount ofthe advance plus 10 %. This security shall also serve as security for thepurposes of the first subparagraph. It shall be reduced to the levelspecified in the first subparagraph as soon as entitlement to aid has▼
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        - 72 -been established and shall be released in full when the balance of the
aid is paid.
2. Before an advance can be paid the dried fodder must have left the
processing undertaking.
3. Where an advance has been paid, the balance amounting to the
difference between the amount of the advance and the total aid due tothe processing undertaking shall be paid subject to application ofArticle 88(2).
4. Where the advance exceeds the total to which the processing
undertaking is entitled following the application of Article 88(2), theprocessor shall reimburse the excess to the competent authority of theMember State on request.
Article 88
Aid rate
1. The aid provided for in Article 86 shall be set at EUR 33/tonne.
2. By way of derogation from paragraph 1, where during a marketing
year the volume of dried fodder for which aid is claimed exceeds theguaranteed maximum quantity set out in Article 89, the aid shall bereduced in each Member State in which production exceeds the guar-anteed national quantity by reducing expenditure as a function of thepercentage of the sum of the overruns represented by the overrun of thatMember State.
The reduction shall be set by the Commission at a level ensuring that
budget expenditure does not exceed that which would have beenattained had the maximum guaranteed quantity not been exceeded.
Article 89
Guaranteed quantity
A maximum guaranteed quantity per marketing year of 4 960 723
tonnes of dehydrated and/or sun-dried fodder for which the aidprovided for in Article 86 may be granted is hereby established. Thatquantity shall be apportioned among the Member States concerned asnational guaranteed quantities in accordance with point B of Annex XI.
Article 90
Implementing rules
The Commission shall adopt the detailed rules for the implementation of
this Subsection which may, in particular, include rules concerning:
(a) declarations to be submitted by undertakings when applying for aid;
(b) conditions to be complied with for the determination of the elig-
ibility for the aid, in particular as regards the keeping of stock
records and other supporting documents;
(c) the granting of the aid provided for in this Subsection and the
advance, as well as the release of the securities, provided for inArticle 87(1);
(d) the conditions and criteria to be fulfilled by the undertakings
referred to in Article 86 and, in the case where undertakingsobtain their supplies from natural or legal persons, rules concerningthe guarantees to be provided by those persons;
(e) the terms of approvals of buyers of fodder for drying, to be applied
by the Member States;▼
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        - 73 -(f) the criteria for determining the requirements laid down in
Article 86(2);
(g) the criteria to be fulfilled for the conclusion of contracts and infor-
mation which they shall contain;
(h) the application of the maximum guaranteed quantity laid down in
Article 89;
(i) further requirements to those laid down in Article 86, in particular
as regards carotene and fibre content.
▼M1
Subsection II
Flax and hemp grown for fibre
▼B
Article 91
Eligibility
1.►M7 Aid for processing the straw of long flax grown for fibre
and the straw of short flax and hemp grown for fibre shall be granted
for the 2009/2010 to 2011/2012 marketing years to authorised primaryprocessors on the basis of the quantity of fibre actually obtained fromstraw for which a contract of sale has been concluded with a farmer. ◄
However, in cases where farmers retain ownership of the straw which
they are having processed under contract by an authorised primaryprocessor and prove that they have placed the fibres obtained on themarket, the aid shall be granted to the farmers.
In cases where the authorised primary processor and the farmer are one
and the same person, the contract of sale shall be replaced by acommitment by the party concerned to carry out the processing itself.
▼
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2. For the purposes of this Subsection, ‘authorised primary processor ’
shall mean a natural or legal person or a group of natural or legalpersons, irrespective of its legal status under national law, or that ofits members, that has been authorised by the competent authority of theMember State in the territory of which are located its facilities forproducing flax or hemp fibre.
▼
B
Article 92
Aid rate
▼M1
1. The amount of processing aid provided for in Article 91 shall be
fixed:
(a) for long flax fibre:
—at EUR 160 per tonne for the 2008/2009 marketing year,
▼M7
—at EUR 200 per tonne for the 2009/2010 marketing year; and
—at EUR 160 per tonne for the 2010/2011 and 2011/2012
marketing years.
(b) at EUR 90 per tonne for the 2009/2010, 2010/2011 and 2011/2012
marketing years for short flax and hemp fibre containing not more
than 7,5 % impurities and shives.▼B2007R1234 —EN—01.05.2010 —006.001 —72
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        - 74 -However, the Member State may, with reference to traditional outlets,
also decide to grant aid:
(a) for short flax fibre containing a percentage of impurities and shives
of between 7,5 % and 15 %;
(b) for hemp fibre containing a percentage of impurities and shives of
between 7,5 % and 25 %.
In the cases provided for in the second subparagraph, the Member State
shall grant the aid in respect of a quantity which amounts to not morethan the quantity produced, on the basis of 7,5 % of impurities and
shives.
▼
B
2. The quantities of fibre eligible for aid shall be limited on the basis
of the areas which were the subject of one of the contracts or
commitments referred to in Article 91.
The limits referred to in the first subparagraph shall be fixed by the
Member States so as to comply with the national guaranteed quantitiesreferred to in Article 94.
Article 93
Advance payment
At the request of authorised primary processors, an advance shall bepaid on the aid referred to in Article 91 on the basis of the quantity of
fibre obtained.
Article 94
Guaranteed quantity
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1. A maximum guaranteed quantity of 80 878 tonnes for each of the
2009/2010 to 2011/2012 marketing years shall be established for longflax fibre in respect of which aid may be granted. That quantity shall beapportioned among certain Member States as national guaranteed quan-tities in accordance with point A.I. of Annex XI.
1a. A maximum guaranteed quantity of 147 265 tonnes for each of
the 2009/2010 to 2011/2012 marketing years shall be established for
short flax fibre and hemp fibre in respect of which aid may be granted.That quantity shall be apportioned as national guaranteed quantitiesamong certain Member States in accordance with point A.II. ofAnnex XI.
▼
B
2. In cases where the fibre obtained in one Member State originatesfrom straw produced in another Member State, the quantities of fibreconcerned shall be offset against the national guaranteed quantity of theMember State in which the straw was harvested. The aid shall be paidby the Member State against whose national guaranteed quantity suchan offset is made.
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3. Each Member State may transfer part of its national guaranteedquantity as referred to in paragraph 1 to its national guaranteed quantityas referred to in paragraph 1a and vice versa .
Transfers as referred to in the first subparagraph shall be carried out on
the basis of an equivalence of one tonne of long flax fibre to 2,2 tonnesof short flax fibre and hemp fibre.▼
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        - 75 -Processing aid shall be granted only in respect of the quantities referred
to in paragraphs 1 and 1a, respectively, adjusted in accordance with thefirst two subparagraphs of this paragraph.
Article 94a
Additional aid
During the 2008/2009 marketing year, additional aid shall be granted tothe authorised primary processor in respect of areas under flax in zonesI and II as described in point A.III. of Annex XI and the strawproduction of which has been the subject of:
(a) a sale/purchase contract or a commitment as referred to in
Article 91(1); and
(b) aid for processing into long fibre.The amount of additional aid shall be EUR 120 per hectare in zone I
and EUR 50 per hectare in zone II.
▼
B
Article 95
Implementing rules
The Commission shall adopt the detailed rules for the implementation ofthis Subsection which may, in particular, include rules concerning:
(a) the conditions for authorisation of primary processors referred to in
Article 91;
(b) the conditions to be met by approved primary processors as regards
the contracts of sale and commitments referred to in Article 91(1);
(c) the requirements to be complied with by farmers in the case referred
to in the second subparagraph of Article 91(1);
(d) the criteria to be met by long flax fibre;(e) the conditions for the grant of aid and the advance payment, and in
particular proof of the processing of straw;
(f) the conditions to be met for fixing the limits referred to in
Article 92(2).
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Subsection III
Potato starch
Article 95a
Potato starch premium
1. A premium of EUR 22,25 per tonne of starch produced shall be
paid for the 2009/2010, 2010/2011 and 2011/2012 marketing years topotato starch manufacturers for the quantity of potato starch up to thequota limit referred to in Article 84 a(2), provided that they have paid to
potato producers a minimum price for all the potatoes necessary toproduce starch up to that quota limit.
2. The minimum price of potatoes intended for the manufacture of
potato starch shall be set at EUR 178,31 per tonne for the marketingyears concerned.
This price applies to the quantity of potatoes, delivered to the factory,
which is needed to make one tonne of starch.▼
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        - 76 -The minimum price shall be adjusted according to the starch content of
the potatoes.
3. The Commission shall adopt the detailed rules for the implemen-
tation of this Subsection.
▼B
Section II
Production refund
▼M7__________
▼B
Article 97
Production refund in the sugar sector
1. A production refund may be granted on the products of the sugar-sector listed in points (b) to (e) of Part III of Annex I if surplus sugar orimported sugar, surplus isoglucose or surplus inulin syrup is notavailable at a price corresponding to the world price for the manufac-turing of the products referred to in Article 62(2)(b) and (c).
2. The production refund referred to in paragraph 1 shall be fixed
taking into account in particular the costs arising from the use ofimported sugar which the industry would have to bear in the event ofsupply on the world market and the price of the surplus sugar availableon the Community market or the reference price if there is no surplussugar.
Article 98
Conditions for granting
The Commission shall adopt the conditions for the granting of theproduction refunds referred to in this Section, as well as the amountof such refunds and, as regards the production refund for sugar providedfor in Article 97, the eligible quantities.
Section III
Aids in the milk and milk products sector
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Article 99
Aid for skimmed milk and skimmed milk powder for use as
feedingstuffs
1. When surpluses of milk products build up or are likely to occur,creating or likely to create a serious imbalance in the market, theCommission may decide that aid shall be granted for Community-produced skimmed milk and skimmed-milk powder intended for useas feedingstuffs, according to conditions and product standards to bedetermined by the Commission. The aid may be fixed in advance or bymeans of tendering procedures.
For the purposes of this Article, buttermilk and buttermilk powder shall
be regarded as skimmed milk and skimmed-milk powder.
2. Aid amounts shall be fixed by the Commission taking into account
the reference price fixed in point (e)(ii) of Article 8(1) for skimmed-milk powder, and the development of the market situation as regardsskimmed milk and skimmed-milk powder.▼
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        - 77 -Article 100
Aid for skimmed milk processed into casein and caseinates
1. When surpluses of milk products build up or are likely to occur,
creating or likely to create a serious imbalance in the market, theCommission may decide that aid shall be granted for Community-produced skimmed milk processed into casein and caseinates,according to conditions and product standards of such milk and thecasein or caseinates produced from it to be determined by theCommission. The aid may be fixed in advance or by means oftendering procedures.
2. Aid shall be fixed by the Commission taking into account the
development of the market situation for skimmed-milk powder andthe reference price for skimmed-milk powder, fixed in point (e)(ii) ofArticle 8(1).
The aid may vary, according to whether the skimmed milk is processed
into casein or caseinates and according to the quality of those products.
__________
▼B
Article 102
Aid for the supply of milk products to pupils
1. Under conditions to be determined by the Commission,
Community aid shall be granted for supplying to pupils in educationalestablishments certain processed milk products to be determined by theCommission falling within CN codes 0401, 0403, 0404 90 and 0406 orCN code 2202 90.
▼
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2. Member States may, in addition to Community aid, grant nationalaid for supplying the products referred to in paragraph 1 to pupils ineducational establishments. Member States may finance their nationalaid by means of a levy on the dairy sector or by any other contributionfrom the dairy sector.
▼
M3
3. The Community aid shall be EUR 18,15/100 kg for all milk.
The amounts of aid for other eligible milk products shall be determined
taking into account the milk components of the product concerned.
▼B
4. The aid referred to in paragraph 1 shall be granted on a maximum
quantity of 0,25 litre of milk equivalent per pupil and per day.
Section IV
Aids in the olive oil and table olives sector
Article 103
Aids to operator organisations
▼M7
1. The Community shall finance three-year work programmes to bedrawn up by the operator organisations referred to in Article 125 in oneor more of the following areas.
1a. The Community financing per year of the work programmes shall
be:▼
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        - 78 -(a) EUR 11 098 000 for Greece,
(b) EUR 576 000 for France, and
(c) EUR 35 991 000 for Italy.
▼B
2. The maximum Community funding for the work programmes
referred to in paragraph 1 shall be equal to the part of the amountswithheld by the Member States. This funding shall concern the eligiblecost with a maximum of:
(a) 100 % for activities in the areas referred to in points (a) and (b) of
paragraph 1;
(b) 100 % for fixed assets investments and 75 % for other activities in
the area referred to in point (c) of paragraph 1;
(c) 75 % for the work programmes carried out in at least three third
countries or non-producing Member States by approved operator
organisations from at least two producer Member States in theareas referred to in points (d) and (e) of paragraph 1, and 50 %for the other activities in these areas.
Complementary financing shall be ensured by the Member State up to
50 % of the costs not covered by the Community funding.
The Commission shall establish the detailed rules for the application of
this Article and in particular the procedures for the approval of the workprogrammes by the Member States and the types of activities eligibleunder such programmes.
3. Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 194, MemberStates shall verify that the conditions for granting Community fundingare met. To that end, they shall carry out an audit of work programmesand a control plan involving a sample determined on the basis of a riskanalysis and comprising at least 30 % per year of producer organisationsand all the other operators' organisations in receipt of Communityfunding under this Article.
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Section IVa
AIDS in the fruit and vegetables sector
Subsection I
Producer groups
Article 103a
Aid to producer groups
1. During the transitional period allowed pursuant to Article 125e,Member States may grant to producer groups in the fruit and vegetablessector which have been formed in view of being recognised as aproducer organisation:
(a) aid to encourage their formation and facilitate their administrative
operation;
(b) aid, provided either directly or through credit institutions, to cover
part of the investments required to attain recognition and set out in
the recognition plan referred to in the third subparagraph ofArticle 125e(1).
2. The aid referred to in paragraph 1 shall be reimbursed by theCommunity in accordance with rules to be adopted by the Commission▼
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        - 79 -on the financing of such measures, including the thresholds and ceilings
and the degree of Community financing.
3. The aid referred to in paragraph 1(a) shall be determined for each
producer group on the basis of its marketed production and shallamount, for the first, second, third, fourth and fifth years, to:
(a) 10 %, 10 %, 8 %, 6 % and 4 % respectively of the value of
marketed production in the Member States which acceded to the
European Union on 1 May 2004 or thereafter; and
(b) 5 %, 5 %, 4 %, 3 % and 2 %, respectively of the value of marketed
production in the outermost regions of the Community as referred toin Article 299(2) of the Treaty or in the smaller Aegean Islands asreferred to in Article 1(2) of Regulation (EC) No 1405/2006 of18 September 2006 laying down specific measures for agriculturein favour of the smaller Aegean Islands (
1).
Those percentage rates may be reduced in relation to the value of
marketed production which exceeds a threshold. A ceiling may beapplied to the aid payable in any given year to a producer group.
Subsection II
Operational funds and operational programmes
Article 103b
Operational funds
1. Producer organisations in the fruit and vegetables sector may set
up an operational fund. The fund shall be financed by:
(a) financial contributions of members or of the producer organisation
itself;
(b) Community financial assistance which may be granted to producer
organisations.
2. Operational funds shall be used only to finance operational
programmes approved by Member States in accordance withArticle 103g.
Article 103c
Operational programmes
1. Operational programmes in the fruit and vegetables sector shall
have two or more of the objectives referred to in Article 122(c) or of thefollowing objectives:
(a) planning of production;(b) improvement of product quality;(c) boosting products ’commercial value;
(d) promotion of the products, whether in a fresh or processed form;(e) environmental measures and methods of production respecting the
environment, including organic farming;
(f) crisis prevention and management.2. Crisis prevention and management shall be related to avoiding and
dealing with crises on the fruit and vegetable markets and shall cover inthis context:▼
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(1) OJ L 265, 26.9.2006, p. 1.
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        - 80 -(a) market withdrawal;
(b) green harvesting or non-harvesting of fruit and vegetables;
(c) promotion and communication;
(d) training measures;
(e) harvest insurance;
(f) support for the administrative costs of setting up mutual funds.
Crisis prevention and management measures, including any repayment
of capital and interest as referred to in the third subparagraph, shall not
comprise more than one-third of the expenditure under the operationalprogramme.
In order to finance crisis prevention and management measures,
producer organisations may take out loans on commercial terms. Inthis case, the repayment of the capital and interest on those loansmay form part of the operational programme and so may be eligiblefor Community financial assistance under Article 103d. Any specificaction under crisis prevention and management shall be financed
either by such loans, or directly, but not both.
3. Member States shall provide that:
(a) operational programmes include two or more environmental actions;
or
(b) at least 10 % of the expenditure under operational programmes
covers environmental actions.
Environmental actions shall respect the requirements for agri-environ-
ment payments set out in the first subparagraph of Article 39(3) ofCouncil Regulation (EC) No 1698/2005 of 20 September 2005 onsupport for rural development by the European Agricultural Fund forRural Development (EAFRD) (
1).
Where at least 80 % of the producer members of a producer organi-
sation are subject to one or more identical agri-environmentcommitments under that provision then each one of those commitmentsshall count as an environmental action as referred to in point (a) of thefirst subparagraph.
Support for the environmental actions referred to in the first subpara-
graph shall cover additional costs and income foregone resulting fromthe action.
4. Paragraph 3 shall only apply in Bulgaria and Romania from
1 January 2011.
5. Investments which increase environmental pressure shall only be
permitted in situations where effective safeguards to protect the envi-ronment from these pressures are in place.
Article 103d
Community financial assistance
1. The Community financial assistance shall be equal to the amount
of the financial contributions referred to in Article 103b(1)(a) as actuallypaid but limited to 50 % of the actual expenditure incurred.
2. The Community financial assistance shall be capped at 4,1 % of
the value of the marketed production of each producer organisation.
However, that percentage may be increased to 4,6 % of the value of the
marketed production provided that the amount in excess of 4,1 % of the▼
M32007R1234 —EN—01.05.2010 —006.001 —79
(1) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC)
No 146/2008 (OJ L 46, 21.2.2008, p. 1).
IP/N/1/EU/G/1 
        - 81 -value of the marketed production is used solely for crisis prevention and
management measures.
3. At the request of a producer organisation, the percentage provided
for in paragraph 1 shall be 60 % for an operational programme or partof an operational programme where it meets at least one of thefollowing conditions:
(a) it is submitted by several Community producer organisations
operating in different Member States on transnational schemes;
(b) it is submitted by one or more producer organisations engaged in
schemes operated on an interbranch basis;
(c) it covers solely specific support for the production of organic
products covered until 31 December 2008, by Council Regulation
(EEC) No 2092/91 of 24 June 1991 on organic production of agri-cultural products and indications referring thereto on agriculturalproducts and foodstuffs (
1) and, from 1 January 2009, by Council
Regulation (EC) No 834/2007 of 28 June 2007 on organic
production and labelling of organic products (2);
(d) it is submitted by a producer organisation in one of the Member
States which acceded to the European Union on 1 May 2004 or
thereafter for measures running no later than the end of 2013;
(e) it is the first to be submitted by a recognised producer organisation
which has merged with another recognised producer organisation;
(f) it is the first to be submitted by a recognised association of producer
organisations;
(g) it is submitted by producer organisations in Member States where
producer organisations market less than 20 % of fruit and vegetables
production;
(h) it is submitted by a producer organisation in one of the outermost
regions of the Community;
(i) it covers solely specific support for actions to promote the
consumption of fruit and vegetables targeted at children in educa-
tional establishments.
4. The percentage provided for in paragraph 1 shall be 100 % in the
case of market withdrawals of fruit and vegetables which shall notexceed 5 % of the volume of marketed production of each producerorganisation and which are disposed of by way of:
(a) free distribution to charitable organisations and foundations,
approved to that effect by the Member States, for use in their
activities to assist persons whose right to public assistance isrecognised in national law, in particular because they lack thenecessary means of subsistence;
(b) free distribution to penal institutions, schools and public education
institutions and to children ’s holiday camps as well as to hospitals
and old people ’s homes designated by the Member States, which
shall take all necessary steps to ensure that the quantities thusdistributed are additional to the quantities normally bought in bysuch establishments.
Article 103e
National financial assistance
1. In regions of the Member States where the degree of organisationof producers in the fruit and vegetables sector is particularly low,▼
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(1) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission
Regulation (EC) No 123/2008 (OJ L 38, 13.2.2008, p. 3).
(2) OJ L 189, 20.7.2007, p. 1.
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        - 82 -Member States may be authorised by the Commission, on a duly
substantiated request, to pay producer organisations national financialassistance equal to a maximum of 80 % of the financial contributionsreferred to in Article 103b(1)(a). This assistance shall be additional tothe operational fund. In regions of Member States where producer orga-nisations market less than 15 % of the value of fruit and vegetableproduction and whose fruit and vegetable production represents atleast 15 % of their total agricultural output, the assistance referred to
in the first subparagraph may be reimbursed by the Community at the
request of the Member State concerned.
▼
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Article 103f
National framework and national strategy for operational
programmes
1. Member States shall establish a national framework for drawing
up the general conditions relating to the actions referred to inArticle 103c(3). This framework shall provide in particular that suchactions shall meet the appropriate requirements of Regulation (EC)No 1698/2005 including those in its Article 5 on complementarity,consistency and conformity.
Member States shall submit their proposed framework to the
Commission which may require modifications within three months ifit finds that the proposal does not enable the attainment of the objectivesset out in Article 174 of the Treaty and in the sixth Community envi-ronment action programme (
1). Investments on individual holdings
supported by operational programmes shall also respect those objectives.
2. Member States shall establish a national strategy for sustainable
operational programmes in the fruit and vegetable market. Such a
strategy shall provide for the following elements:
(a) an analysis of the situation in terms of strengths and weaknesses
and the potential for development;
(b) justification of the priorities chosen;
(c) the objectives of operational programmes and instruments,
performance indicators;
(d) assessment of operational programmes;(e) reporting obligations for producer organisations.The national strategy shall also integrate the national framework referred
to in paragraph 1.
3. Paragraphs 1 and 2 shall not apply to Member States which have
no recognised producer organisations.
Article 103g
Approval of operational programmes
1. Draft operational programmes shall be submitted to the competent
national authorities, who shall approve or reject them or request theirmodification in line with the provisions of this subsection.▼
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(1) Decision No 1600/2002/EC of the European Parliament and of the Council of
22 July 2002 laying down the Sixth Community Environment Action
Programme (OJ L 242, 10.9.2002, p. 1).
IP/N/1/EU/G/1 
        - 83 -2. Producer organisations shall communicate to the Member State the
estimated amount of the operational fund for each year and shall submitappropriate reasons therefore based on operational programme estimates,expenditure for the current year and possibly expenditure for previousyears and, if necessary, on estimated production quantities for the nextyear.
3. The Member State shall notify the producer organisation or asso-
ciation of producer organisations of the estimated amount ofCommunity financial assistance in line with the limits set out inArticle 103d.
4. Community financial assistance payments shall be made on the
basis of expenditure incurred for the schemes covered by the operationalprogramme. Advances may be made in respect of the same schemessubject to the provision of a guarantee or security.
5. The producer organisation shall notify the Member State of the
final amount of expenditure for the previous year, accompanied by thenecessary supporting documents, so that it may receive the balance ofthe Community financial assistance.
6. Operational programmes and their financing by producers and
producer organisations on the one hand and by Community funds onthe other shall have a minimum duration of three and a maximumduration of five years.
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Subsection IIa
School Fruit Scheme
Article 103ga
Aid for the supply of fruit and vegetable, processed fruit and
vegetable and banana products to children
1. Under conditions to be determined by the Commission, from the
2009-2010 school year onwards, Community aid shall be granted for:
(a) the supply to children in educational establishments, including
nurseries, other pre-school establishments, primary and secondary
schools, of products of the fruit and vegetables, processed fruitand vegetables, and bananas sectors; and
(b) certain related costs of logistics and distribution, equipment,
communication, monitoring and evaluation.
2. Member States, at national or regional level, wishing to participate
in the scheme shall draw up a prior strategy for its implementationcontaining, in particular, the budget of their scheme including: theCommunity and national contributions, the duration, the target group,the eligible products and the involvement of relevant stakeholders. Theyshall also provide for the accompanying measures necessary to make the
scheme effective.
3. When drawing up their strategies, Member States shall draw up a
list of products of the fruit and vegetables, processed fruit and vege-tables, and bananas sectors that will be eligible under their respectiveschemes. This list, however, shall not include products excluded by ameasure adopted by the Commission under Article 103h(f). They shallchoose their products on the basis of objective criteria which mayinclude seasonality, availability of produce or environmental concerns.In this connection, Member States may give preference to products ofCommunity origin.
4. The Community aid referred to in paragraph 1 shall neither:
(a) exceed EUR 90 million per school year; nor▼
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        - 84 -(b) exceed 50 % of the costs of supply and related costs referred to in
paragraph 1, or 75 % of such costs in the regions eligible under the
Convergence Objective in accordance with Article 5(1) of CouncilRegulation (EC) No 1083/2006 of 11 July 2006 laying downgeneral provisions on the European Regional Development Fund,the European Social Fund and the Cohesion Fund (
1), and in the
outermost regions referred to in Article 299(2) of the Treaty; nor
(c) cover costs other than the costs of supply and related costs referred
to in paragraph 1.
5. The Community aid referred to in paragraph 1 shall be allocated to
each Member State on the basis of objective criteria based on theirproportion of six to ten year old children. However, Member Statesparticipating in the scheme shall each receive at least EUR 175 000of Community aid. Member States participating in the scheme shallapply every year for Community aid on the basis of their strategy.Following the requests of the Member States, the Commission shalldecide on definitive allocations, within the appropriations available inthe budget.
6. Community aid referred to in paragraph 1 shall not be used to
replace funding for any existing national school fruit schemes or otherschool distribution schemes that include fruit. However, if a MemberState already has a scheme in place that would be eligible forCommunity aid under this Article and intends to extend it or make it
more effective, including as regards the target group of the scheme, its
duration or eligible products, Community aid may be granted providedthat the limits of paragraph 4(b) are abided by as regards the proportionof Community aid to the total national contribution. In this case, theMember State shall indicate in its strategy how it intends to extend itsscheme or make it more effective.
7. Member States may, in addition to Community aid, grant national
aid for the supply of products and related costs referred to in paragraph1. These costs may also be covered by contributions from the privatesector. Member States may also grant national aid for financing theaccompanying measures referred to in paragraph 2.
8. The Community School Fruit Scheme shall be without prejudice
to any separate national school fruit schemes which are compatible withCommunity law.
9. The Community may also finance, under Article 5 of Regulation
(EC) No 1290/2005, information, monitoring and evaluation measures
relating to the School Fruit Scheme, including raising public awareness
of it, and related networking measures.
Subsection III
Procedural provisions
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Article 103h
Implementing rules
The Commission shall establish the detailed rules for the application ofthis section, in particular:
(a) rules on financing of the measures referred to in Article 103a,
including the thresholds and ceilings for aid and the degree of
Community co-financing of the aid;
(b) the proportion of and rules on the reimbursement of the measures
referred to in Article 103e(1);
(c) rules on investments on individual holdings;▼
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(1) OJ L 210, 31.7.2006, p. 25.;
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        - 85 -(d) the dates for the communications and notifications referred to in
Article 103g;
(e) provision for partial payments of the Community financial
assistance referred to in Article 103g;
▼M6
(f) provisions concerning the School Fruit Scheme referred to in
Article 103ga, including: a list of products or ingredients that
should be excluded from the School Fruit Scheme, the definitiveallocation of aid between Member States, financial and budgetarymanagement, and the related costs, the strategies of the MemberStates, accompanying measures and information, monitoring andevaluation and networking measures.
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Section IVb
Support programmes in the wine sector
Subsection I
Introductory provisions
Article 103i
Scope
This Section lays down the rules governing the attribution of
Community funds to Member States and the use of those funds by
Member States through national support programmes (hereinafter
referred to as support programmes) to finance specific supportmeasures to assist the wine sector.
Article 103j
Compatibility and consistency
1. Support programmes shall be compatible with Community law andconsistent with the activities, policies and priorities of the Community.
2. Member States shall be responsible for the support programmes
and ensure that they are internally consistent and drawn up and imple-mented in an objective manner, taking into account the economicsituation of the producers concerned and the need to avoid unjustifiedunequal treatment between producers.
Member States shall be responsible for providing for and carrying out
the necessary controls and penalties in case of non-compliance with thesupport programmes.
3. No support shall be granted:(a) for research projects and measures to support research projects;(b) for measures which are contained in Member States ’rural devel-
opment programmes under Regulation (EC) No 1698/2005.▼
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        - 86 -Subsection II
Submission and content of support programmes
Article 103k
Submission of support programmes
1. Each producer Member State referred to in Annex Xb shall submit
to the Commission a draft five-year support programme containingmeasures in accordance with this Section.
Support programmes that became applicable in accordance with the first
subparagraph of Article 5(1) of Regulation (EC) No 479/2008 shallcontinue to apply under this Regulation.
The support measures in the support programmes shall be drawn up at
the geographical level which the Member States deem most appropriate.Before being submitted to the Commission, the support programmeshall be subject to consultation with the competent authorities and orga-nisations at the appropriate territorial level.
Each Member State shall submit one single draft support programme
which may accommodate regional particularities.
2. Support programmes shall become applicable three months after
their submission to the Commission.
However, if the submitted support programme does not comply with the
conditions laid down in this Section, the Commission shall inform theMember State thereof. In such a case, the Member State shall submit arevised support programme to the Commission. The revised supportprogramme shall become applicable two months after its notificationunless an incompatibility persists in which case this subparagraphshall apply.
3. Paragraph 2 shall apply mutatis mutandis to changes in respect of
support programmes submitted by Member States.
4. Article 103l shall not apply where a Member State ’s only measure
in a support programme consists of the transfer to the Single Payment
Scheme referred to in Article 103o. In such case, Article 188a(5) shallapply only in relation to the year in which the transfer takes place andArticle 188a(6) shall not apply.
Article 103l
Content of support programmes
Support programmes shall consist of the following elements:
(a) a detailed description of the measures proposed as well as their
quantified objectives;
(b) the results of consultations held;
(c) an appraisal showing the expected technical, economic, environ-
mental and social impact;
(d) a schedule for implementing the measures;
(e) a general financing table showing the resources to be deployed and
the envisaged indicative allocation of the resources between the
measures in accordance with ceilings provided for in Annex Xb;
(f) the criteria and quantitative indicators to be used for monitoring and
evaluation as well as the steps taken to ensure that the supportprogrammes are implemented appropriately and effectively; and
(g) the designation of competent authorities and bodies responsible for
implementing the support programme.▼
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        - 87 -Article 103m
Eligible measures
1. Support programmes shall contain one or more of the following
measures:
(a) Single Payment Scheme support in accordance with Article 103o;
(b) promotion in accordance with Article 103p;
(c) restructuring and conversion of vineyards in accordance with
Article 103q;
(d) green harvesting in accordance with Article 103r;
(e) mutual funds in accordance with Article 103s;
(f) harvest insurance in accordance with Article 103t;
(g) investments in accordance with Article 103u;
(h) by-product distillation in accordance with Article 103v;
(i) potable alcohol distillation in accordance with Article 103w;
(j) crisis distillation in accordance with Article 103x;
(k) use of concentrated grape must in accordance with Article 103y.
2. Support programmes shall not contain other measures than the
ones listed in Articles 103o to 103y.
Article 103n
General rules concerning support programmes
1. The allocation of the available Community funds as well as the
budgetary limits are provided for in Annex Xb.
2. Community support shall only relate to eligible expenditure
incurred after the submission of the relevant support programme asreferred to in Article 103k(1).
3. Member States shall not contribute to the costs of measures
financed by the Community under the support programmes.
4. By way of derogation from paragraph 3, Member States may grant
national aid in accordance with the relevant Community rules on Stateaid for the measures referred to in Articles 103p, 103t and 103u.
The maximum aid rate as laid down in the relevant Community rules on
State aids shall apply to the global public financing, including bothCommunity and national funds.
Subsection III
Specific support measures
Article 103o
Single Payment Scheme and support to vine-growers
1. Member States may provide support to vine-growers by allocatingto them payment entitlements within the meaning of Chapter 3 of TitleIII of Regulation (EC) No 1782/2003 in accordance with point O ofAnnex VII to that Regulation.
2. Member States intending to make use of the possibility referred to
in paragraph 1 shall foresee such support in their support programmes,including, as regards subsequent transfers of funds to the Single▼
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        - 88 -Payment Scheme, by way of changes to those programmes in
accordance with Article 103k(3).
3. Once effective, support as referred to in paragraph 1 shall:
(a) remain in the Single Payment Scheme and no longer be available,
or be made available under Article 103k(3), for the measures listed
in Articles 103p to 103y in subsequent years of the operation of thesupport programmes;
(b) commensurately reduce the amount of funds available for measures
listed in Articles 103p to 103y in the support programmes.
Article 103p
Promotion on third-country markets
1. Support under this Article shall cover information or promotion
measures concerning Community wines in third countries, therebyimproving their competitiveness in those countries.
2. The measures referred to in paragraph 1 shall relate to wines with
a protected designation of origin or a protected geographical indicationor wines with an indication of the wine grape variety.
3. The measures referred to in paragraph 1 may consist only of:
(a) public relations, promotion or advertisement measures, in particular
highlighting the advantages of the Community products, especially
in terms of quality, food safety or environmental friendliness;
(b) participation at events, fairs or exhibitions of international
importance;
(c) information campaigns, in particular on the Community systems
covering designations of origin, geographical indications and
organic production;
(d) studies of new markets, necessary for the expansion of market
outlets;
(e) studies to evaluate the results of the information and promotion
measures.
4. The Community contribution to promotion activities shall notexceed 50 % of the eligible expenditure.
Article 103q
Restructuring and conversion of vineyards
1. The objective of measures relating to the restructuring andconversion of vineyards shall be to increase the competitiveness ofwine producers.
2. The restructuring and conversion of vineyards shall be supported
in accordance with this Article only if Member States submit theinventory of their production potential in accordance with
Article 185a(3).
3. Support for the restructuring and conversion of vineyards may
only cover one or more of the following activities:
(a) varietal conversion, including by means of grafting-on;
(b) relocation of vineyards;
(c) improvements to vineyard management techniques.
The normal renewal of vineyards which have come to the end of their
natural life shall not be supported.▼
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        - 89 -4. Support for the restructuring and conversion of vineyards may
only take the following forms:
(a) compensation to producers for the loss of revenue due to the imple-
mentation of the measure;
(b) contribution to the costs of restructuring and conversion.5. Compensation to producers for the loss of revenue as referred to in
paragraph 4(a) may cover up to 100 % of the relevant loss and takeeither of the following forms:
(a) notwithstanding Subsection II of Section IVa of Chapter III of Title
I of Part II setting out the transitional planting right regime, the
permission for both old and new vines to coexist for a fixed periodwhich shall not exceed three years, until the end of the transitionalregime concerning planting rights;
(b) financial compensation.
6. The Community contribution to the actual costs of the restruc-
turing and conversion of vineyards shall not exceed 50 %. In regionsclassified as convergence regions in accordance with Council Regu-lation (EC) No 1083/2006 of 11 July 2006 laying down generalprovisions on the European Regional Development Fund, theEuropean Social Fund and the Cohesion Fund (
1), the Community
contribution to the costs of restructuring and conversion shall notexceed 75 %.
Article 103r
Green harvesting
1. For the purposes of this Article, green harvesting means the totaldestruction or removal of grape bunches while still in their immaturestage, thereby reducing the yield of the relevant area to zero.
2. Support for green harvesting shall contribute to restoring the
balance of supply and demand in the market in wine in theCommunity in order to prevent market crises.
3. Support for green harvesting may be granted as compensation in
the form of a flat rate payment per hectare to be determined by theMember State concerned.
The payment shall not exceed 50 % of the sum of the direct costs of the
destruction or removal of grape bunches and the loss of revenue relatedto such destruction or removal.
4. The Member States concerned shall establish a system based on
objective criteria to ensure that the green harvesting measure does notlead to compensation of individual wine producers in excess of theceiling referred to in the second subparagraph of paragraph 3.
Article 103s
Mutual funds
1. Support for the setting up of mutual funds shall provide assistance
to producers seeking to insure themselves against market fluctuations.
2. Support for the setting up of mutual funds may be granted in the
form of temporary and degressive aid to cover the administrative costsof the funds.▼
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(1) OJ L 210, 31.7.2006, p. 25.
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        - 90 -Article 103t
Harvest insurance
1. Support for harvest insurance shall contribute to safeguarding
producers ’incomes where these are affected by natural disasters,
adverse climatic events, diseases or pest infestations.
2. Support for harvest insurance may be granted in the form of a
financial Community contribution which must not exceed:
(a) 80 % of the cost of the insurance premiums paid for by producers
for insurance against losses resulting from adverse climatic events
which can be assimilated to natural disasters;
(b) 50 % of the cost of the insurance premiums paid for by producers
for insurance against:
(i) losses referred to in point (a) and against other losses caused by
adverse climatic events;
(ii) losses caused by animals, plant diseases or pest infestations.
3. Support for harvest insurance may only be granted if the insurance
payments concerned do not compensate producers for more than 100 %of the income loss suffered, taking into account any compensation theproducers may have obtained from other support schemes related to theinsured risk.
4. Support for harvest insurance shall not distort competition in the
insurance market.
Article 103u
Investments
1. Support may be granted for tangible or intangible investments inprocessing facilities, winery infrastructure and marketing of wine whichimprove the overall performance of the enterprise and concern one ormore of the following:
(a) the production or marketing of products referred to in Annex XIb;(b) the development of new products, processes and technologies
related to the products referred to in Annex XIb.
2. Support under paragraph 1 at its maximum rate shall be limited to
micro, small and medium-sized enterprises within the meaning of
Commission Recommendation 2003/361/EC of 6 May 2003 concerning
the definition of micro, small and medium-sized enterprises (
1). For the
territories of the Azores, Madeira, the Canary Islands, the smallerAegean islands within the meaning of Regulation (EC) No 1405/2006and the French overseas departments, no size limits shall apply for themaximum rate. For enterprises that are not covered by Article 2(1) ofTitle I of the Annex to Recommendation 2003/361/EC with less than750 employees or with a turnover of less than EUR 200 million, themaximum aid intensity shall be halved.
Support shall not be granted to enterprises in difficulty within the
meaning of the Community guidelines on State aid for rescuing andrestructuring firms in difficulty.
3. The eligible expenditure shall exclude the elements referred to in
Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005.
4. The following maximum aid rates in relation to the eligible
investment costs shall apply to the Community contribution:▼
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        - 91 -(a) 50 % in regions classified as convergence regions in accordance
with Regulation (EC) No 1083/2006;
(b) 40 % in regions other than convergence regions;
(c) 75 % in the outermost regions in accordance with Regulation (EC)
No 247/2006;
(d) 65 % in the smaller Aegean islands within the meaning of Regu-
lation (EC) No 1405/2006.
5. Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis
mutandis to support referred to in paragraph 1 of this Article.
Article 103v
By-product distillation
1. Support may be granted for the voluntary or obligatory distillation
of by-products of wine making which has been carried out inaccordance with the conditions laid down in point D of Annex XVb.
The amount of aid shall be fixed per % volume and per hectolitre of
alcohol produced. No aid shall be paid for the volume of alcoholcontained in the by-products to be distilled which exceeds 10 % inrelation to the volume of alcohol contained in the wine produced.
2. The maximum applicable aid levels shall be based on collection
and processing costs and fixed by the Commission.
3. The alcohol resulting from the supported distillation referred to in
paragraph 1 shall be used exclusively for industrial or energy purposesso as to avoid distortion of competition.
Article 103w
Potable alcohol distillation
1. Support may be granted, in the form of a per-hectare aid, until
31 July 2012 to producers, for wine which is distilled into potablealcohol.
2. The relevant contracts concerning the distillation of wine as well
as the relevant proofs of delivery for distillation shall be submittedbefore support is granted.
Article 103x
Crisis distillation
1. Support may be granted until 31 July 2012 for voluntary or obli-gatory distillation of surplus wine decided upon by Member States injustified cases of crisis so as to reduce or eliminate the surplus and atthe same time ensure supply continuity from one harvest to the next.
2. The maximum applicable aid levels shall be fixed by the
Commission.
3. The alcohol resulting from the supported distillation referred to in
paragraph 1 shall be used exclusively for industrial or energy purposesso as to avoid distortion of competition.
4. The share of the available budget used for the crisis distillation
measure shall not exceed the following percentage shares as calculated
against the globally available funds laid down in Annex Xb per MemberState in the respective budget year:
—20 % in 2009,▼
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        - 92 -—15 % in 2010,
—10 % in 2011,
—5 % in 2012.
5. Member States may increase the available funds for the crisis
distillation measure beyond the annual ceilings given in paragraph 4by way of contributing national funds in accordance with thefollowing limits (expressed in terms of percentage of the respectiveannual ceiling given in paragraph 4):
—5 % in the wine year 2010,
—10 % in the wine year 2011,
—15 % in the wine year 2012.
Member States shall, where applicable, notify the Commission of the
addition of national funds referred to in the first subparagraph and theCommission shall approve the transaction before such funds are madeavailable.
Article 103y
Use of concentrated grape must
1. Support may be granted until 31 July 2012 to wine producers whouse concentrated grape must, including rectified concentrated grapemust, to increase the natural alcoholic strength of products inaccordance with the conditions laid down in Annex XVa.
2. The amount of the aid shall be fixed per % volume potential
alcoholic strength and per hectolitre of the must used for enrichment.
3. The maximum applicable aid levels for this measure in the
different wine growing zones shall be fixed by the Commission.
Article 103z
Cross-compliance
Where farmers are found not to have complied on their holding, at any
time during three years from payment under the support programmes forrestructuring and conversion or at any time during one year frompayment under the support programmes for green harvesting, with thestatutory management requirements and the good agricultural and envi-ronmental condition referred to in Articles 3 to 7 of Regulation (EC) No1782/2003, the amount of the payment shall, where non-compliance isthe result of an action or omission directly imputable to the farmer, be
reduced or cancelled, partially or wholly depending on the severity,
extent, permanence and repetition of the non-compliance, and thefarmer shall, where applicable, be ordered to reimburse it in accordancewith the conditions set out in those provisions.
Subsection IV
Procedural provisions
Article 103za
Implementing measures
The measures necessary for the implementation of this Section shall beadopted by the Commission.
Those measures may include, in particular:▼
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        - 93 -(a) the format of presentation of the support programmes;
(b) rules concerning changes to support programmes after they have
become applicable;
(c) detailed rules for the implementation of the measures provided for
in Articles 103p to 103y;
(d) the conditions under which assistance through Community funds is
to be communicated and publicised.
▼B
Section V
Community Tobacco Fund
Article 104
Tobacco Fund
1. A Community Tobacco Fund (hereinafter referred to as the Fund)
shall be set up to finance measures in the following areas:
(a) improving public awareness of the harmful effects of all forms of
tobacco consumption, in particular through information and
education, support for the collection of data to establish tobaccoconsumption patterns and to conduct epidemiological studies onnicotinism in the Community, and a study on preventing nicotinism;
(b) specific measures to help tobacco growers to switch to other crops
or other economic activities that create employment and studies of
the possibilities for tobacco growers to do so.
2. The Fund shall be financed:
(a) for the 2002 harvest by a deduction of 2 % and for the 2003, 2004
and 2005 harvests, of 3 % of the premium provided for in Title I of
Regulation (EEC) No 2075/92 as applicable until and including the2005 harvest for the financing of any kind of measures provided forin paragraph 1;
▼
M4
(b) for the calendar years 2006 to 2009, in accordance with
Article 110m of Regulation (EC) No 1782/2003.
▼B
3. Detailed rules for the application of this Article shall be adopted
by the Commission.
Section VI
Special provisions for the apiculture sector
Article 105
Scope
1. With a view to improving general conditions for the productionand marketing of apiculture products, Member States may draw up anational programme for a period of three years (hereinafter referred to asthe‘apiculture programme ’).
▼
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2. Member States may pay specific national aids for the protection ofapiaries disadvantaged by structural or natural conditions or undereconomic development programmes, except for those allocated forproduction or trade. These aids shall be notified to the Commission▼
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        - 94 -by Member States together with the communication of the apiculture
programme in accordance with Article 109.
▼B
Article 106
Measures eligible for aid
The measures which may be included in the apiculture programme shallbe the following:
(a) technical assistance to beekeepers and groupings of beekeepers;(b) control of varroasis;(c) rationalisation of transhumance;(d) measures to support laboratories carrying out analyses of the
physico-chemical properties of honey;
(e) measures to support the restocking of hives in the Community;(f) cooperation with specialised bodies for the implementation of
applied research programmes in the field of beekeeping and
apiculture products.
Measures financed from the EAFRD in accordance with Council Regu-
lation (EC) No 1698/2005 (
1) shall be excluded from the apiculture
programme.
Article 107
Study of the production and marketing structure in the beekeeping
sector
To be eligible for the part-financing provided for in Article 108(1),Member States shall carry out a study of the production andmarketing structure in the beekeeping sector in their territory.
Article 108
Financing
1. The Community shall provide part-financing for the apiculture
programmes equivalent to 50 % of the expenditure borne by MemberStates.
2. Expenditure relating to the measures taken under the apiculture
programmes shall be made by the Member States by 15 October each
year.
Article 109
Consultation
The apiculture programme shall be drawn up in close collaboration with
the representative organisations and beekeeping cooperatives. It shall besubmitted to the Commission for approval.▼
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        - 95 -Article 110
Implementing rules
The Commission shall establish the detailed rules for the application of
this Section.
Section VII
Aids in the silkworm sector
Article 111
Aid to be granted to silkworm rearers
1. Aid shall be granted for silkworms falling within CN-code
ex 0106 90 00 and for silkworm eggs falling within CN-codeex 0511 99 85 reared within the Community.
2. The aid shall be granted to silkworm rearers for each box of
silkworm eggs used, on condition that the boxes contain a minimumquantity of eggs, to be determined, and that the worms have beensuccessfully reared.
3. The aid per box of silkworm eggs used shall be EUR 133,26.
Article 112
Implementing rules
Detailed rules for the application of this Section shall be adopted by the
Commission which shall cover, in particular, the minimum quantity ofeggs referred to in Article 111(2).
TITLE II
RULES CONCERNING MARKETING AND PRODUCTION
▼
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CHAPTER I
Rules concerning marketing and production
Section I
Marketing rules
▼B
Article 113
Marketing standards
▼M3
1. Provision may be made by the Commission for marketingstandards for one or more of the products of the following sectors:
(a) olive oil and table olives in respect of the products referred to in
point (a) of Part VII of Annex I;
(b) fruit and vegetables;
(c) processed fruit and vegetables;
(d) bananas;
(e) live plants.▼
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        - 96 -2. The standards referred to in paragraph 1:
(a) shall be established taking into account, in particular:
(i) the specificities of the products concerned;(ii) the need to ensure the conditions for a smooth disposal of those
products on the market;
▼
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(iii) the interest of consumers to receive adequate and transparent
product information including, in particular for products of the
fruit and vegetables and processed fruit and vegetables sectors,the country of origin, the class and, where appropriate, the
variety (or the commercial type) of the product;
▼
B
(iv) as concerns the olive oils referred to in point (a) of Part VII of
Annex I, changes in the methods used for determining their
physical, chemical and organoleptic characteristics;
▼M3
(v) as regards the fruit and vegetables and the processed fruit and
vegetables sectors, the Standard recommendations adopted by
the UN-Economic Commission for Europe (UN/ECE);
(b) may in particular relate to quality, grading into classes, weight,
sizing, packaging, wrapping, storage, transport, presentation,
marketing, origin and labelling.
▼B
3. Save as otherwise provided for by the Commission in accordancewith the criteria referred to in point (a) of paragraph 2, the products for
which marketing standards have been laid down may be marketed in the
Community only in accordance with such standards.
Without prejudice to any specific provisions which may be adopted by
the Commission in accordance with Article 194, Member States shallcheck whether those products conform to those standards and shallapply penalties as appropriate.
▼
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Article 113a
Additional requirements for the marketing of the products of the
fruit and vegetables sector
1. The products of the fruit and vegetables sector which are intended
to be sold fresh to the consumer, may only be marketed if they are
sound, fair and of marketable quality and if the country of origin isindicated.
2. The marketing standards referred to in paragraph 1 of this Article
and in points (b) and (c) of Article 113(1) shall apply at all marketingstages including import and export unless otherwise provided for by theCommission.
3. The holder of products of the fruit and vegetables and processed
fruit and vegetables sector covered by marketing standards may notdisplay such products or offer them for sale or deliver or marketthem in any manner within the Community other than in conformitywith those standards and shall be responsible for ensuring suchconformity.
4. Further to the second subparagraph of Article 113(3) and without
prejudice to any specific provisions which may be adopted by theCommission in accordance with Article 194, in particular on theconsistent application in the Member States of the conformity checks,Member States shall, in respect of the fruit and vegetables and theprocessed fruit and vegetables sectors, check selectively, based on arisk analysis, whether the products concerned conform to the respective▼
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        - 97 -marketing standards. These checks shall be focused on the stage prior to
dispatch from the production areas when the products are being packedor loaded. For products from third countries, checks shall be done priorto release for free circulation.
Article 113b
Marketing of the meat of bovine animals aged 12 months or less
1. Without prejudice to the provisions laid down in Article 42(1)(a)and (2) and point A of Annex V, the conditions laid down in Annex
XIa, in particular the sales descriptions to be used set out in point III
thereof, shall apply to the meat of bovine animals aged 12 months orless slaughtered on or after 1 July 2008, whether produced in theCommunity or imported from third countries.
However, the meat from animals aged 12 months or less and
slaughtered before 1 July 2008 may continue to be marketed withoutmeeting the conditions laid down in Annex XIa.
2. The conditions referred to in paragraph 1 shall not apply to the
meat of bovine animals for which a protected designation of origin orgeographical indication has been registered in accordance with Regu-lation (EC) No 510/2006 of 20 March 2006 on the protection of geogra-phical indications and designations of origin for agricultural productsand foodstuffs (
1), before 29 June 2007.
▼M10
Article 113c
Marketing rules to improve and stabilise the operation of the
common market in wines
1. In order to improve and stabilise the operation of the common
market in wines, including the grapes, musts and wines from which theyderive, producer Member States may lay down marketing rules toregulate supply, particularly by way of implementing decisions taken
by the inter-branch organisations referred to in Articles 123(3) and
125o.
Such rules shall be proportionate to the objective pursued and shall not:
(a) relate to any transaction after the first marketing of the produce
concerned;
(b) allow for price fixing, including where prices are set for guidance or
recommendation;
(c) render unavailable an excessive proportion of the vintage that would
otherwise be available;
(d) provide scope for refusing to issue the national and Community
certificates required for the circulation and marketing of wines
where such marketing is in accordance with those rules.
2. The rules referred to in paragraph 1 must be brought to the
attention of operators by publication in extenso in an official publication
of the Member State concerned.
3. The reporting obligation referred to in Article 125o(3) shall also
apply in respect of the decisions or actions taken by the Member Statesin accordance with this Article.▼
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(1) OJ L 93, 31.3.2006, p. 12. Regulation as amended by Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
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        - 98 -Article 113d
Specific provisions for the marketing of wine
1. A designation for a category of a grapevine product as provided
for in Annex XIb may be used in the Community only for themarketing of a product which conforms to the corresponding conditionslaid down in that Annex.
However, notwithstanding Article 118y(1)(a), 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 otherthan grapes; or
(b) it is part of a composite name.
Any confusion with products corresponding to the wine categories in
Annex XIb shall be avoided.
2. Categories of grapevine products listed in Annex XIb may be
modified by the Commission in accordance with the procedure
referred to in Article 195(4).
3. Except for bottled wine in respect of which there is evidence that
bottling was performed before 1 September 1971, wine produced fromwine grape varieties listed in the classifications drawn up in accordancewith the first subparagraph of Article 120a(2) but not conforming to oneof the categories laid down in Annex XIb, shall be used only forconsumption by individual wine-producers ’households, for the
production of wine vinegar or for distillation.
▼
B
Article 114
Marketing standards for milk and milk products
1. Foodstuffs intended for human consumption may be marketed as
milk and milk products only if they comply with the definitions and
designations laid down in Annex XII.
2. Without prejudice to exemptions provided for in Community law
and to measures for the protection of public health, milk falling withinCN code 0401 intended for human consumption may only be marketedwithin the Community in accordance with Annex XIII and, in particular,with the definitions set out in point I thereof.
Article 115
Marketing standards for fats
Without prejudice to Article 114(1) or to any provisions adopted in the
veterinary and foodstuffs sectors to ensure that products comply withhygiene and health standards and to protect animal and human health,the standards laid down in Annex XV shall apply to the following
products having a fat content of at least 10 % but less than 90 % by
weight, intended for human consumption:
(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.▼
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        - 99 -However, those standards shall only apply to products which remain
solid at a temperature of 20oC, and which are suitable for use as
spreads.
Article 116
Marketing standards for products of the eggs and poultrymeat
sectors
Products of the eggs and poultrymeat sectors shall be marketed in
accordance with the provisions set out in Annex XIV.
Article 117
Certification for hops
1. Products of the hops sector, harvested or prepared within the
Community, shall be subject to a certification procedure.
2. Certificates may be issued only for products having the minimum
quality characteristics appropriate to a specific stage of marketing. In thecase of hop powder, hop powder with higher lupulin content, extract ofhops and mixed hop products, the certificate may only be issued if thealpha acid content of these products is not lower than that of the hopsfrom which they have been prepared.
3. The certificates shall indicate at least:(a) the place(s) of production of the hops;(b) the year(s) of harvesting;(c) the variety or varieties.4. Products of the hops sector may be marketed or exported only if a
certificate as referred to in paragraphs 1, 2 and 3 has been issued.
In the case of imported products of the hops sector, the attestation
provided for in Article 158(2) shall be deemed to be equivalent to thecertificate.
5. Measures derogating from paragraph 4 may be adopted by the
Commission:
(a) in order to satisfy the trade requirements of certain third countries;
or
(b) for products intended for special uses.The measures referred to in the first subparagraph shall:
(a) not prejudice the normal marketing of products for which the certi-
ficate has been issued;
(b) be accompanied by guarantees intended to avoid any confusion with
those products.
Article 118
Marketing standards for olive oils and olive-pomace oils
1. The use of the descriptions and definitions of olive oils and olive-
pomace oils set out in Annex XVI shall be compulsory as regards themarketing of the products concerned within the Community and, insofaras compatible with international compulsory rules, in trade with thirdcountries.
2. Only oils referred to in points 1(a) and (b), 3 and 6 of Annex XVI
may be marketed at the retail stage.▼
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        - 100 -Section Ia
Designations of origin, geographical indications
and traditional terms in the wine sector
Article 118a
Scope
1. Rules relating to designations of origin, geographical indications
and traditional terms laid down in this Section shall apply to theproducts referred to in paragraphs 1, 3 to 6, 8, 9, 11, 15 and 16 ofAnnex XIb.
2. The rules referred to in paragraph 1 shall be based on:(a) protecting of legitimate interests of:
(i) consumers; and(ii) producers;
(b) ensuring the smooth operation of the common market in the
products concerned; and
(c) promoting the production of quality products, whilst allowing
national quality policy measures.
Subsection I
Designations of origin and geographical
indications
Article 118b
Definitions
1. For the purposes of this Subsection, the following definitions shall
apply:
(a)‘designation of origin ’means the name of a region, a specific place
or, in exceptional cases, a country used to describe a product
referred to in Article 118a(1) that complies with the followingrequirements:
(i) its quality and characteristics are essentially or exclusively due
to a particular geographical environment with its inherent
natural and human factors;
(ii) the grapes from which it is produced come exclusively from
this geographical area;
(iii) its production takes place in this geographical area; and
(iv) it is obtained from vine varieties belonging to Vitis vinifera;
(b)‘geographical indication ’means an indication referring to a region,
a specific place or, in exceptional cases, a country, used to describe
a product referred to in Article 118a(1) which complies with thefollowing requirements:
(i) it possesses a specific quality, reputation or other characteristics
attributable to that geographical origin;
(ii) at least 85 % of the grapes used for its production come exclu-
sively from this geographical area;
(iii) its production takes place in this geographical area; and▼
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        - 101 -(iv) it is obtained from vine varieties belonging to Vitis vinifera or
a cross between the Vitis vinifera species and other species of
the genus Vitis.
2. Certain traditionally used names shall constitute a designation of
origin where they:
(a) designate a wine;(b) refer to a geographical name;
(c) meet the requirements referred to in paragraph 1(a)(i) to (iv); and
(d) undergo the procedure conferring protection on designations of
origin and geographical indications laid down in this Subsection.
3. Designations of origin and geographical indications, including
those relating to geographical areas in third countries, shall be eligible
for protection in the Community in accordance with the rules laid down
in this Subsection.
Article 118c
Content of applications for protection
1. Applications for protection of names as designations of origin or
geographical indications shall include a technical file containing:
(a) the name to be protected;
(b) the name and address of the applicant;(c) a product specification as referred to in paragraph 2; and
(d) a single document summarising the product specification referred to
in paragraph 2.
2. The product specification shall enable interested parties to verify
the relevant conditions of production of the designation of origin orgeographical indication.
It shall consist at least of:
(a) the name to be protected;(b) a description of the wine(s):
(i) for wines with a designation of origin, its principal analytical
and organoleptic characteristics;
(ii) for wines with a geographical indication, its principal analytical
characteristics as well as an evaluation or indication of its orga-
noleptic characteristics;
(c) where applicable, the specific oenological practices used to make
the wine(s) as well as the relevant restrictions on making the
wine(s);
(d) the demarcation of the geographical area concerned;
(e) the maximum yields per hectare;
(f) an indication of the wine grape variety or varieties the wine(s) is
obtained from;
(g) the details bearing out the link referred to in Article 118b(1)(a)(i) or,
as the case may be, in Article 118b(1)(b)(i);
(h) applicable requirements laid down in Community or national legis-
lation or, where foreseen by Member States, by an organisation
which manages the protected designation of origin or theprotected geographical indication, having regard to the fact thatsuch requirements shall be objective, and non-discriminatory andcompatible with Community law;▼
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        - 102 -(i) the name and address of the authorities or bodies verifying
compliance with the provisions of the product specification and
their specific tasks.
Article 118d
Application for protection relating to a geographical area in a third
country
1. Where the application for protection concerns a geographical area
in a third country, it shall contain in addition to the elements providedfor in Article 118c, proof that the name in question is protected in itscountry of origin.
2. The application shall be sent to the Commission, either directly
from the applicant or via the authorities of the third country concerned.
3. The application for protection shall be filed in one of the official
languages of the Community or accompanied by a certified translationinto one of those languages.
Article 118e
Applicants
1. Any interested group of producers, or in exceptional cases a singleproducer, may apply for the protection of a designation of origin orgeographical indication. Other interested parties may participate in theapplication.
2. Producers may lodge an application for protection only for wines
which they produce.
3. In the case of a name designating a trans-border geographical area
or a traditional name connected to a trans-border geographical area, ajoint application may be lodged.
Article 118f
Preliminary national procedure
1. Applications for protection of a designation of origin or a geogra-
phical indication of wines in accordance with Article 118b originatingin the Community shall be subject to a preliminary national procedurein accordance with this Article.
2. The application for protection shall be filed with the Member State
in which territory the designation of origin or geographical indicationoriginates.
3. The Member State shall examine the application for protection in
order to verify whether it meets the conditions set out in thisSubsection.
The Member State shall carry out a national procedure ensuring
adequate publication of the application and providing for a period ofat least two months from the date of publication within which anynatural or legal person having a legitimate interest and resident orestablished on its territory may object to the proposed protection by
lodging a duly substantiated statement with the Member State.
4. If the Member State considers that the designation of origin or
geographical indication does not meet the relevant requirements or isincompatible with Community law in general, it shall reject the appli-cation.
5. If the Member State considers that the relevant requirements are
met, it shall:▼
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        - 103 -(a) publish the single document and the product specification at least on
the Internet; and
(b) forward to the Commission an application for protection containing
the following information:
(i) the name and address of the applicant;
(ii) the single document referred to in Article 118c(1)(d);
(iii) a declaration by the Member State that it considers that the
application lodged by the applicant meets the conditions
required; and
(iv) the reference to publication, as referred to in point (a).
This information shall be forwarded in one of the official languages ofthe Community or accompanied by a certified translation into one ofthose languages.
6. Member States shall introduce the laws, regulations or administra-
tive provisions necessary to comply with this Article by 1 August 2009.
7. Where a Member State has no national legislation concerning the
protection of designations of origin and geographical indications, it may,on a transitional basis only, grant protection to the name in accordancewith the terms of this Subsection at national level with effect from theday the application is lodged with the Commission. Such transitionalnational protection shall cease on the date on which a decision onregistration or refusal under this Subsection is taken.
Article 118g
Scrutiny by the Commission
1. The Commission shall make the date of submission of the appli-cation for protection of the designation of origin or geographical indi-cation public.
2. The Commission shall examine whether the applications for
protection referred to in Article 118f(5) meet the conditions laid downin this Subsection.
3. Where the Commission considers that the conditions laid down in
this Subsection are met, it shall publish in the Official Journal of the
European Union the single document referred to in Article 118c(1)(d)
and the reference to the publication of the product specification referredto in Article 118f(5).
Where this is not the case, the Commission shall decide, in accordance
with the procedure referred to in Article 195(4), to reject the application.
Article 118h
Objection procedure
Within two months from the date of publication provided for in the firstsubparagraph of Article 118g(3), any Member State or third country, orany natural or legal person having a legitimate interest, resident orestablished in a Member State other than that applying for the protectionor in a third country, may object to the proposed protection by lodging aduly substantiated statement relating to the conditions of eligibility aslaid down in this Subsection with the Commission.
In the case of natural or legal persons resident or established in a third
country, such statement shall be lodged, either directly or via the autho-rities of the third country concerned, within the time limit of twomonths referred to in the first paragraph.▼
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        - 104 -Article 118i
Decision on protection
On the basis of the information available to the Commission, the
Commission shall decide, in accordance with the procedure referredto in Article 195(4), either to confer protection on the designation oforigin or geographical indication which meets the conditions laid downin this Subsection and is compatible with Community law, or to rejectthe application where those conditions are not satisfied.
Article 118j
Homonyms
1. A name, for which an application is lodged, and which is wholly
or partially homonymous with that of a name already registered underthis Regulation concerning the wine sector, shall be registered with dueregard for local and traditional usage and for any risk of confusion.
A homonymous name which misleads the consumer into believing that
products come from another territory shall not be registered even if thename is accurate as far as the actual territory, region or place of originof the products in question is concerned.
The use of a registered homonymous name shall be subject to there
being a sufficient distinction in practice between the homonymregistered subsequently and the name already on the register, havingregard to the need to treat the producers concerned in an equitablemanner and the need not to mislead the consumer.
2. Paragraph 1 shall apply mutatis mutandis if a name, for which an
application is lodged, is wholly or partially homonymous with a geogra-
phical indication protected as such under the legislation of MemberStates.
Member States shall not register non-identical geographical indications
for protection under their respective legislation on geographical indi-cations if a designation of origin or geographical indication isprotected in the Community by virtue of the Community law relevant
to designations of origin and geographical indications.
3. Save as otherwise provided for in Commission implementing
measures, where the name of a wine grape variety contains orconsists of a protected designation of origin or a protected geographicalindication, that name shall not be used for the purposes of labelling theproducts covered by this Regulation.
4. The protection of designations of origin and geographical indi-
cations for products covered in Article 118b shall be withoutprejudice to protected geographical indications applying in relation tospirit drinks within the meaning of Regulation (EC) No 110/2008 of theEuropean Parliament and of the Council of 15 January 2008 on thedefinition, description, presentation, labelling and the protection ofgeographical indications of spirit drinks (
1) and vice versa.
Article 118k
Grounds for refusal of protection
1. Names that have become generic shall not be protected as a desig-nation of origin or geographical indication.
For the purposes of this Subsection, a ‘name that has become generic ’
means the name of a wine which, although it relates to the place or the▼
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(1) OJ L 39, 13.2.2008, p. 16.
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        - 105 -region where this product was originally produced or marketed, has
become the common name of a wine in the Community.
To establish whether or not a name has become generic, account shall
be taken of all relevant factors, in particular:
(a) the existing situation in the Community, notably in areas of
consumption;
(b) the relevant Community or national legislation.
2. A name shall not be protected as a designation of origin or
geographical indication where, in the light of a trademark ’s reputation
and renown, protection is liable to mislead the consumer as to the true
identity of the wine.
Article 118l
Relationship with trademarks
1. Where a designation of origin or a geographical indication is
protected under this Regulation, the registration of a trademark corre-sponding to one of the situations referred to in Article 118m(2) andrelating to a product falling under one of the categories listed in AnnexXIb shall be refused if the application for registration of the trademarkis submitted after the date of submission of the application forprotection of the designation of origin or geographical indication tothe Commission and the designation of origin or geographical indicationis subsequently protected.
Trademarks registered in breach of the first subparagraph shall be inva-
lidated.
2. Without prejudice to Article 118k(2), a trademark the use of which
corresponds to one of the situations referred to in Article 118m(2),which has been applied for, registered or established by use, if thatpossibility is provided for by the legislation concerned, in the territoryof the Community before the date on which the application forprotection of the designation of origin or geographical indication issubmitted to the Commission, may continue to be used and renewednotwithstanding the protection of a designation of origin or geographicalindication, provided that no grounds for the trademark ’s invalidity or
revocation exist as specified by the First Council Directive 89/104/EEC
of 21 December 1988 to approximate the laws of the Member Statesrelating to trade marks (
1) or by Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade (2).
In such cases the use of the designation of origin or geographicalindication shall be permitted alongside the relevant trademarks.
Article 118m
Protection
1. Protected designations of origins and protected geographical indi-
cations may be used by any operator marketing a wine which has beenproduced in conformity with the corresponding product specification.
2. Protected designations of origins and protected geographical indi-
cations and the wines using those protected names in conformity withthe product specification shall be protected against:
(a) any direct or indirect commercial use of a protected name:
(i) by comparable products not complying with the product speci-
fication of the protected name; or▼
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(1) OJ L 40, 11.2.1989, p. 1.
(2) OJ L 11, 14.1.1994, p. 1.
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        - 106 -(ii) in so far as such use exploits the reputation of a designation of
origin or a geographical indication;
(b) any misuse, imitation or evocation, even if the true origin of the
product or service is indicated or if the protected name is translated
or accompanied by an expression such as ‘style’,‘type’,‘method ’,
‘as produced in ’,‘imitation ’,‘flavour ’,‘like’ or similar;
(c) any other false or misleading indication as to the provenance,
origin, nature or essential qualities of the product, on the inner orouter packaging, advertising material or documents relating to thewine product concerned, and the packing of the product in acontainer liable to convey a false impression as to its origin;
(d) any other practice liable to mislead the consumer as to the true
origin of the product.
3. Protected designations of origin or protected geographical indi-
cations shall not become generic in the Community within themeaning of Article 118k(1).
4. Member States shall take the steps necessary to stop unlawful use
of protected designations of origin and protected geographical indi-cations as referred to in paragraph 2.
Article 118n
Register
The Commission shall establish and maintain an electronic register ofprotected designations of origin and protected geographical indicationsfor wine which shall be publicly accessible.
Article 118o
Designation of competent control authority
1. Member States shall designate the competent authority or autho-rities responsible for controls in respect of the obligations established bythis Chapter in accordance with the criteria laid down in Article 4 ofRegulation (EC) No 882/2004 of the European Parliament and of the
Council of 29 April 2004 on the official controls performed to ensure
the verification of compliance with feed and food law, animal healthand animal welfare rules (
1).
2. Member States shall ensure that any operator complying with thisSubsection is entitled to be covered by a system of controls.
3. Member States shall inform the Commission of the competent
authority or authorities referred to in paragraph 1. The Commissionshall make their names and addresses public and update them peri-odically.
Article 118p
Verification of compliance with specifications
1. In respect of protected designations of origin and protectedgeographical indications relating to a geographical area within theCommunity, annual verification of compliance with the product speci-fication, during the production and during or after conditioning of thewine, shall be ensured by:
(a) the competent authority or authorities referred to in Article 118o(1);
or▼
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(1) OJ L 165, 30.4.2004, p. 1.
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        - 107 -(b) one or more control bodies within the meaning of point 5 of the
second subparagraph of Article 2 of Regulation (EC) No 882/2004
operating as a product certification body in accordance with thecriteria laid down in Article 5 of that Regulation.
The costs of such verification shall be borne by the operators subject to
it.
2. In respect of protected designations of origin and protected
geographical indications relating to a geographical area in a third
country, annual verification of compliance with the product specifi-cation, during the production and during or after conditioning of thewine, shall be ensured by:
(a) one or more public authorities designated by the third country; or(b) one or more certification bodies.3. The certification bodies referred to in paragraphs 1(b) and 2(b)
shall comply with, and from 1 May 2010 be accredited in accordancewith, the European standard EN 45011 or ISO/IEC Guide 65 (Generalrequirements for bodies operating product certification systems).
4. Where the authority or authorities referred to in paragraphs 1(a)
and 2(a) verify compliance with the product specification, they shalloffer adequate guarantees of objectivity and impartiality, and have attheir disposal the qualified staff and resources needed to carry out their
tasks.
Article 118q
Amendments to product specifications
1. An applicant satisfying the conditions of Article 118e may apply
for approval of an amendment to the product specification of a protecteddesignation of origin or a protected geographical indication, in particularto take account of developments in scientific and technical knowledgeor to redefine the geographical area referred to in point (d) of the secondsubparagraph of Article 118c(2). Applications shall describe and givereasons for the amendments requested.
2. Where the proposed amendment involves one or more
amendments to the single document referred to in Article 118c(1)(d),
Articles 118f to 118i shall apply mutatis mutandis to the amendment
application. However, if the proposed amendment is only minor, the
Commission shall decide, in accordance with the procedure referred toin Article 195(4), whether to approve the application without followingthe procedure laid down in Article 118g(2) and Article 118h and in thecase of approval, the Commission shall proceed to the publication of theelements referred to in Article 118g(3).
3. Where the proposed amendment does not involve any change to
the single document, the following rules shall apply:
(a) where the geographical area is in a given Member State, that
Member State shall express its position on the amendment and, if
it is in favour, shall publish the amended product specification andinform the Commission of the amendments approved and thereasons for them;
(b) where the geographical area is in a third country, the Commission
shall determine whether to approve the proposed amendment.
Article 118r
Cancellation
The Commission may decide, in accordance with the procedure referredto in Article 195(4), at its own initiative or at the duly substantiated▼
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        - 108 -request of a Member State, of a third country or of a natural or legal
person having a legitimate interest, to cancel the protection of a desig-nation of origin or a geographical indication if compliance with thecorresponding product specification is no longer ensured.
Articles 118f to 118i shall apply mutatis mutandis .
Article 118s
Existing protected wine names
1. Wine names, which are protected in accordance with Articles 51
and 54 of Regulation (EC) No 1493/1999 and Article 28 of
Commission Regulation (EC) No 753/2002 of 29 April 2002 laying
down certain rules for applying Council Regulation (EC) No1493/1999 as regards the description, designation, presentation andprotection of certain wine sector products (
1), shall automatically be
protected under this Regulation. The Commission shall list them in
the register provided for in Article 118n of this Regulation.
2. Member States shall, in respect of existing protected wine names
referred to in paragraph 1, transmit to the Commission:
(a) the technical files as provided for in Article 118c(1);(b) the national decisions of approval.3. Wine names referred to in paragraph 1, for which the information
referred to in paragraph 2 is not submitted by 31 December 2011, shalllose protection under this Regulation. The Commission shall take thecorresponding formal step of removing such names from the registerprovided for in Article 118n.
4. Article 118r shall not apply in respect of existing protected wine
names referred to in paragraph 1.
The Commission may decide, until 31 December 2014, at its own
initiative and in accordance with the procedure referred to inArticle 195(4), to cancel protection of existing protected wine namesreferred to in paragraph 1 if they do not meet the conditions laid downin Article 118b.
Article 118t
Fees
Member States may charge a fee to cover their costs, including those
incurred in examining applications for protection, statements ofobjections, applications for amendments and requests for cancellationsunder this Subsection.
Subsection II
Traditional terms
Article 118u
Definitions
1. ‘Traditional term ’means a term traditionally used in Member
States for products referred to in Article 118a(1) to designate:
(a) that the product has a protected designation of origin or a protected
geographical indication under Community or national law;▼
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        - 109 -(b) the production or ageing method or the quality, colour, type of
place, or a particular event linked to the history of the product
with a protected designation of origin or a protected geographicalindication.
2. Traditional terms shall be recognised, defined and protected by the
Commission.
Article 118v
Protection
1. A protected traditional term may only be used for a product which
has been produced in conformity with the definition referred to inArticle 118u(1).
Traditional terms shall be protected against unlawful use.Member States shall take the steps necessary to stop the unlawful use of
protected traditional terms.
2. Traditional terms shall not become generic in the Community.
Section Ib
Labelling and presentation in the wine sector
Article 118w
Definition
For the purposes of this Section:
(a)‘labelling ’means any words, particulars, trademarks, brand name,
pictorial matter or symbol placed on any packaging, document,
notice, label, ring or collar accompanying or referring to a givenproduct;
(b)‘presentation ’means any information conveyed to consumers by
virtue of the packaging of the product concerned, including the
form and type of bottles.
Article 118x
Applicability of horizontal rules
Save as otherwise provided for in this Regulation, Directive89/104/EEC, Council Directive 89/396/EEC of 14 June 1989 on indi-cations or marks identifying the lot to which a foodstuff belongs (
1),
Directive 2000/13/EC of the European Parliament and of the Council of20 March 2000 on the approximation of the laws of the Member Statesrelating to the labelling presentation and adversity of foodstuffs (
2) and
Directive 2007/45/EC of the European Parliament and of the Council of5 September 2007 laying down rules on nominal quantities for pre-packed products (
3) shall apply to the labelling and presentation of
products falling within their scopes.▼M102007R1234 —EN—01.05.2010 —006.001 —108
(1) OJ L 186, 30.6.1989, p. 21.
(2) OJ L 109, 6.5.2000, p. 29.
(3) OJ L 247, 21.9.2007, p. 17.;
IP/N/1/EU/G/1 
        - 110 -Article 118y
Compulsory particulars
1. Labelling and presentation of the products referred to in para-
graphs 1 to 11, 13, 15 and 16 of Annex XIb marketed in theCommunity or for export shall contain the following compulsory parti-culars:
(a) the designation for the category of the grapevine product in
accordance with Annex XIb;
(b) for wines with a protected designation of origin or a protected
geographical indication:(i) the term ‘protected designation of origin ’or‘protected geogra-
phical indication ’; and
(ii) the name of the protected designation of origin or the protected
geographical indication;
(c) the actual alcoholic strength by volume;
(d) an indication of provenance;
(e) an indication of the bottler or, in the case of sparkling wine, aerated
sparkling wine, quality sparkling wine or quality aromatic sparkling
wine, the name of the producer or vendor;
(f) an indication of the importer in the case of imported wines; and
(g) in the case of sparkling wine, aerated sparkling wine, quality
sparkling wine or quality aromatic sparkling wine, an indication
of the sugar content.
2. By way of derogation from paragraph 1(a) the reference to the
category of the grapevine product may be omitted for wines whoselabels include the name of a protected designation of origin or aprotected geographical indication.
3. By way of derogation from paragraph 1(b) the reference to the
terms ‘protected designation of origin ’or‘protected geographical indi-
cation ’may be omitted in the following cases:
(a) where a traditional term as referred to in Article 118u(1)(a) is
displayed on the label;
(b) where, in exceptional circumstances to be determined by the
Commission, the name of the protected designation of origin orprotected geographical indication is displayed on the label.
Article 118z
Optional particulars
1. Labelling and presentation of the products referred to in
Article 118y(1) may in particular contain the following optional parti-culars:
(a) the vintage year;
(b) the name of one or more wine grape varieties;
(c) in the case of wines other than those referred to in
Article 118y(1)(g), terms indicating the sugar content;
(d) for wines with a protected designation of origin or a protected
geographical indication, traditional terms as referred to in
Article 118u(1)(b);
(e) the Community symbol indicating the protected designation of
origin or the protected geographical indication;▼
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        - 111 -(f) terms referring to certain production methods;
(g) for wines bearing a protected designation of origin or a protected
geographical indication, the name of another geographical unit that
is smaller or larger than the area underlying the designation oforigin or geographical indication.
2. Without prejudice to Article 118j(3), as regards the use of parti-
culars referred to in paragraph 1(a) and (b) for wines without a protecteddesignation of origin or a protected geographical indication:
(a) Member States shall introduce laws, regulations or administrative
provisions to ensure certification, approval and control procedures
so as to guarantee the veracity of the information concerned;
(b) Member States may, on the basis of non-discriminatory and
objective criteria and with due regard to loyal competition, for
wine produced from wine grape varieties on their territory, drawup lists of excluded wine grape varieties, in particular if:
(i) there is a risk of confusion for consumers as to the true origin
of the wine due to the fact that the given wine grape variety
forms an integral part of an existing protected designation oforigin or a protected geographical indication;
(ii) the relevant controls would not be cost effective due to the fact
that the given wine grape variety represents a very small part ofthe Member State vineyard;
(c) mixtures of wines from different Member States shall not give rise
to labelling of the wine grape variety or varieties unless the MemberStates concerned agree otherwise and ensure the feasibility of therelevant certification, approval and control procedures.
Article 118za
Languages
1. Compulsory and optional particulars referred to in Articles 118y
and 118z shall, where expressed in words, appear in one or more of the
official languages of the Community.
2. Notwithstanding paragraph 1, the name of a protected designation
of origin or a protected geographical indication or a traditional term asreferred to in Article 118u(1)(a) shall appear on the label in thelanguage or languages for which the protection applies.
In the case of protected designations of origin or protected geographical
indications or national specific designations using a non-Latin alphabet,the name may also appear in one or more official languages of theCommunity.
Article 118zb
Enforcement
The competent authorities of the Member States shall take measures to
ensure that a product referred to in Article 118y(1) which is not labelledin conformity with this Section is not placed on, or is withdrawn from,the market.▼
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        - 112 -Section II
Conditions for production
▼M7
Article 119
Use of casein and caseinate in the manufacture of cheese
Where aid is paid under Article 100, the Commission may make the use
of casein and caseinates in the manufacture of cheese subject to priorauthorisation which shall be granted only if such use is a necessarycondition for the manufacture of the products.
▼
B
Article 120
Method of production of agricultural ethyl alcohol
The method of production and the characteristics of agricultural ethyl
alcohol obtained from a specific agricultural product listed in Annex I tothe Treaty may be laid down by the Commission.
▼
M10
Section IIa
Production rules in the wine sector
Subsection I
Wine grape varieties
Article 120a
Classification of wine grape varieties
1. Products listed in Annex XIb and produced in the Communityshall be made from wine grape varieties classifiable according toparagraph 2.
2. Subject to paragraph 3, Member States shall classify which wine
grape varieties may be planted, replanted or grafted on their territoriesfor the purpose of wine production.
Only wine grape varieties meeting the following conditions may be
classified by Member States:
(a) the variety concerned belongs to the Vitis vinifera or comes from a
cross between the species Vitis vinifera and other species of the
genus Vitis;
(b) the variety is not one of the following: Noah, Othello, Isabelle,
Jacquez, Clinton and Herbemont.
Where a wine grape variety is deleted from the classification referred to
in the first subparagraph, grubbing-up of this variety shall take placewithin 15 years of its deletion.
3. Member States whose wine production does not exceed 50 000
hectolitres per wine year, calculated on the basis of the averageproduction during the latest five wine years, shall be exempted fromthe classification obligation referred to in paragraph 2.
However, also in the Member States referred to in the first subpara-
graph, only wine grape varieties complying with paragraph 2(a) and (b)may be planted, replanted or grafted for the purpose of wine production.▼
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        - 113 -4. By way of derogation from the first and second subparagraphs of
paragraph 2 and the second subparagraph of paragraph 3, the planting,replanting or grafting of the following wine grape varieties shall beallowed for scientific research and experimental purposes:
(a) wine grape varieties which are not classified as far as Member
States referred to in paragraph 2 are concerned;
(b) wine grape varieties which do not comply with paragraph 2(a) and
(b) as far as Member States referred to in paragraph 3 are
concerned.
5. Areas planted with wine grape varieties for the purpose of wine
production planted in breach of paragraphs 2, 3 and 4 shall be grubbedup.
However, there shall be no obligation to grub up such areas where the
relevant production is intended exclusively for consumption by thewine-producers ’households.
6. Member States shall take the necessary measures to checkcompliance by producers with paragraphs 2 to 5.
Subsection II
Oenological practices and restrictions
Article 120b
Scope
This Subsection concerns the authorised oenological practices and the
applicable restrictions applying to the production and commercialisationof products of the wine sector as well as the procedure for deciding onthose practices and restrictions.
Article 120c
Oenological practices and restrictions
1. Only oenological practices authorised under Community law aslaid down in Annex XVa or decided upon in accordance withArticles 120d and 120e shall be used in the production and conservationin the Community of products of the wine sector.
The first subparagraph shall not apply to:(a) grape juice and concentrated grape juice;(b) grape must and concentrated grape must intended for the
preparation of grape juice.
2. Authorised oenological practices shall only be used for the
purposes of ensuring proper vinification, proper preservation or properrefinement of the product.
3. Products of the wine sector shall be produced in the Community
in accordance with the relevant restrictions laid down in Annex XVb.
4. Products covered by this Regulation, which have undergone
unauthorised Community oenological practices or, where applicable,unauthorised national oenological practices or which contravene therestrictions laid down in Annex XVb, shall not be marketed in theCommunity.▼
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        - 114 -Article 120d
Stricter rules decided by Member States
Member States may limit or exclude the use of certain oenological
practices and provide for more stringent restrictions for wines authorisedunder Community law produced in their territory with a view to rein-forcing the preservation of the essential characteristics of wines with aprotected designation of origin or a protected geographical indicationand of sparkling wines and liqueur wines.
Member States shall communicate those limitations, exclusions and
restrictions to the Commission, which shall bring them to theattention of the other Member States.
Article 120e
Authorisation of oenological practices and restrictions
1. Except for the oenological practices concerning enrichment, acid-ification and de-acidification laid down in Annex XVa for the specificproducts covered therein as well as the restrictions listed in Annex XVb,the authorisation of oenological practices and restrictions as regards theproduction and conservation of products of the wine sector shall bedecided by the Commission in accordance with the procedure referredto in Article 195(4).
2. Member States may allow the experimental use of unauthorised
oenological practices under conditions to be determined by theCommission in accordance with the procedure referred to inArticle 195(4).
Article 120f
Authorisation criteria
When authorising oenological practices in accordance with theprocedure referred to in Article 195(4), the Commission shall:
(a) base itself on the oenological practices recommended and published
by the International Organisation of Vine and Wine (OIV) as well
as on the results of experimental use of as yet unauthorised oeno-logical practices;
(b) take into account the protection of human health;
(c) take into account the possible risk of consumers being misled due to
their established expectations and perceptions, having regard to the
availability and feasibility of informational means to exclude suchrisks;
(d) allow the preservation of the natural and essential characteristics of
the wine and not cause a substantial change in the composition of
the product concerned;
(e) ensure an acceptable minimum level of environmental care;
(f) respect the general rules concerning oenological practices and
restrictions laid down in Annexes XVa and XVb respectively.
Article 120g
Methods of analysis
The methods of analysis for determining the composition of the
products of the wine sector and the rules whereby it may be establishedwhether these products have undergone processes contrary to the▼
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        - 115 -authorised oenological practices shall be those recommended and
published by the OIV.
Where there are no methods and rules recommended and published by
the OIV, corresponding methods and rules shall be adopted by theCommission in accordance with the procedure referred to inArticle 195(4).
Pending the adoption of such rules, the methods and rules to be used
shall be the ones allowed by the Member State concerned.
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B
Section III
Procedural rules
Article 121
Adoption of standards, implementing rules and derogations
The Commission shall establish the detailed rules for the application of
this Chapter, which may in particular relate to:
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(a) marketing standards referred to in Articles 113 and 113a including
rules on:
(i) derogations or exemptions from the application of the
standards;
(ii) presentation of particulars required by the standards as well
as on marketing and labelling;
(iii) the application of the standards to products imported into, or
exported from, the Community;
(iv) in respect of Article 113a(1), to define what constitutes a
product which is sound, fair and of marketable quality;
▼B
(b) as regards the definitions and designations that may be used in the
marketing of milk and milk products in accordance with
Article 114(1):
(i) drawing up and, where necessary, supplementing the list of
the products referred to in the second subparagraph of point
III(1) of Annex XII, on the basis of the lists sent to it by theMember States;
(ii) making additions, where necessary, to the list of designations
given in point (a) of the second subparagraph of point II(2) ofAnnex XII;
(c) as regards the standards for spreadable fats referred to in
Article 115:
(i) a list of the products referred to in point (a) of the third
subparagraph of point I(2) of Annex XV, on the basis of
the lists sent to the Commission by the Member States;
(ii) the methods of analysis needed to check the composition and
manufacturing characteristics of the products referred to inArticle 115;
(iii) detailed rules for the taking of samples;
(iv) detailed rules for obtaining statistical information on the
markets in the products referred to in Article 115;
(d) as regards the provisions concerning the marketing of eggs set out
in Part A of Annex XIV:▼
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        - 116 -(i) definitions;
(ii) the frequency of collection, delivery, preservation and
handling of eggs;
(iii) quality criteria, in particular the appearance of the shell, the
consistency of the white and the yolk and the height of the
air space;
(iv) weight grading, including exceptions;
(v) marking of eggs and indications on packs, including
exceptions and including the rules to be applied in relation
to packing centres;
(vi) trade with third countries;
(vii) farming methods;
(e) as regards the provisions concerning the marketing of poultrymeat
set out in Part B of Annex XIV:(i) definitions;
(ii) the list of poultry carcasses, parts of such carcasses and
offals, including foie gras , to which Part B of Annex XIV
shall apply;
(iii) the criteria for classification within the meaning of point
III(1) of Part B of Annex XIV;
(iv) the rules concerning further indications to be shown on
accompanying commercial documents, the labelling, presen-
tation and advertising of poultrymeat intended for the finalconsumer and the name under which the product is soldwithin the meaning of point (1) of Article 3(1) ofDirective 2000/13/EC;
(v) optional indications of the method of the chilling used and of
the type of farming;
(vi) derogations that may be applied in case of deliveries to
cutting or processing establishments;
(vii) the rules to be applied as regards the percentages of water
absorption during the preparation of fresh, frozen and quick-
frozen carcasses and cuts thereof as well as the indications tobe made in that respect;
(f) as regards the provisions concerning the standards for the
production and marketing of eggs for hatching and of farmyard
poultry chicks set out in Part C of Annex XIV:
(i) definitions;(ii) the registration of establishments producing or marketing
eggs for hatching or farmyard poultry chicks;
(iii) indications to be made on eggs for hatching, including those
to be imported from or to be exported to third countries, and
on the packings, as well as the rules to be applied in respectof chicks originating in third countries;
(iv) registers to be kept by hatcheries;
(v) the use, other than for human consumption, that may be
made of incubated eggs withdrawn from the incubator;
(vi) communications from hatcheries and other establishments to
the competent authorities of the Member States;
(vii) accompanying documents;
(g) the minimum quality characteristics for products of the hops
sector referred to in Article 117;▼
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        - 117 -(h) the methods of analysis to be used, where applicable;
(i) as regards the use of casein and caseinates referred to in
Article 119:(i) the conditions according to which the Member States shall
grant the authorisations and the maximum percentages to be
incorporated, on the basis of objective criteria having regardto what is technologically necessary;
(ii) the obligations to be respected by the undertakings authorised
in accordance with point (i);
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(j) as regards the conditions that shall be used in the marketing of the
meat of bovine animals aged 12 months or less in accordance with
Article 113b:
(i) the practical methods of indicating the category identification
letter as defined in point II of Annex XIa, as regards the
location and size of the characters used;
(ii) the import of meat from third countries as referred to in
point VIII of Annex XIa, as regards the methods ofverifying compliance with this Regulation;
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(k) the rules concerning the designation of origin and geographical
indications referred to in Subsection I of Section Ia, in particular
derogations from the applicability of the rules and requirementslaid down in that Subsection:
(i) in so far as pending applications for protection of desig-
nations of origin or geographical indications are concerned;
(ii) in so far as the production of certain wines with a protected
designation of origin or a protected geographical indication in
a geographical area in proximity of the geographical areawhere the grapes originate is concerned;
(iii) in so far as traditional production practices of certain wines
with a protected designation of origin are concerned;
(l) the rules concerning traditional terms referred to in Subsection II
of Section Ia in particular concerning:
(i) the procedure conferring protection;(ii) the specific level of protection;
(m) the rules concerning labelling and presentation referred to in
Section Ib, in particular:(i) details on the indication of provenance of the relevant
product;
(ii) the terms of use of the optional particulars listed in
Article 118z;
(iii) specific requirements relating to the indications concerning
the vintage year and the wine grape variety displayed on
labels as referred to in Article 118z(2);
(iv) further derogations in addition to those referred to in
Article 118y(2) which provide that the reference to the
category of the grapevine product may be omitted;
(v) rules concerning protection to be conferred in relation to the
presentation of a given product.
▼
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The Commission may amend Part B of the table set up in point III(2) of
Annex XIa.▼B2007R1234 —EN—01.05.2010 —006.001 —116
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        - 118 -The measures necessary for the implementation of the provisions
concerning oenological practices and restrictions laid down inSubsection II of Section IIa and Annexes XVa and XVb, save asotherwise provided in those Annexes, shall be adopted by theCommission in accordance with the procedure referred to inArticle 195(4).
The measures referred to in the third paragraph may include, in
particular:
(a) provisions to the effect that the Community oenological practices
listed in Annex IV to Regulation (EC) No 1493/1999 are considered
authorised oenological practices;
(b) authorised oenological practices and restrictions, including
enrichment, acidification and de-acidification concerning sparklingwines, quality sparkling wines and quality aromatic sparkling wines;
(c) authorised oenological practices and restrictions concerning liqueur
wines;
(d) subject to point C of Annex XVb, provisions regulating the
blending and coupage of musts and wines;
(e) where Community rules on that matter do not exist, the purity and
identification, specification of substances used in oenologicalpractices;
(f) administrative rules for carrying out the oenological practices
authorised;
(g) the conditions governing the holding, circulation and use of
products not complying with Article 120c and possible exemptions
from the requirements of that Article, as well as the establishment of
criteria for the purpose of avoiding hardship in individual cases;
(h) the conditions under which Member States may authorise the
holding, circulation and use of products not complying withSubsection II of Section IIa other than Article 120c, or withprovisions implementing that Subsection.
▼
B
CHAPTER II
Producer organisations, interbranch organisations, operator
organisations
Section I
General principles
Article 122
Producer organisations
Member States shall recognise producer organisations, which:
▼M3
(a) are constituted by producers of one of the following sectors:
(i) hops;
(ii) olive oil and table olives;(iii) fruit and vegetables in respect of farmers growing one or more
products of that sector and/or of such products solely intended
for processing;
(iv) silkworm;▼
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        - 119 -(b) are formed on the initiative of the producers;
▼M3
(c) pursue a specific aim which may in particular, or as regards the
fruit and vegetables sector shall, include one or more of the
following objectives:
(i) ensuring that production is planned and adjusted to demand,
particularly in terms of quality and quantity;
(ii) concentration of supply and the placing on the market of the
products produced by its members;
(iii) optimising production costs and stabilising producer prices.;
▼M7
Member States may also recognise producer organisations constituted
by producers in any sector referred to in Article 1, other than those
sectors referred to in point (a) of the first paragraph, on the conditionsset out in points (b) and (c) of that paragraph.
▼
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Member States may, as regards the wine sector, recognise producer
organisations under the same conditions as those set out in points (b)
and (c) of the first paragraph and which apply rules of association which
require their members, in particular, to:
(a) apply the rules adopted by the producer organisation relating to
production reporting, production, marketing and protection of the
environment;
(b) provide the information requested by the producer organisation for
statistical purposes, in particular on growing areas and market
evolution;
(c) pay penalties for infringement of obligations under the rules of
association.
The following specific aims within the meaning of point (c) of the first
paragraph may be pursued, in particular, in the wine sector:
(a) promoting and providing technical assistance for the use of envir-
onmentally sound cultivation practices and production techniques;
(b) promoting initiatives for the management of by-products of wine
making and the management of waste in particular to protect the
quality of water, soil and landscape and preserving or encouragingbiodiversity;
(c) carrying out research into sustainable production methods and
market developments;
(d) contributing to the achievement of support programmes as referred
to in Section IVb of Chapter IV of Title I of Part II.
▼
B
Article 123
Interbranch organisations
►M3 1.◄ Member States shall recognise interbranch organisations
which:
(a) are made up of representatives of economic activities linked to the
production of, trade in, and/or processing of products in the
following sectors:
(i) the olive oil and table olives sector;
(ii) the tobacco sector;
(b) are formed on the initiative of all or some of the organisations or
associations which constitute them;▼B2007R1234 —EN—01.05.2010 —006.001 —118
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        - 120 -(c) pursue a specific aim, which may, in particular relate to:
(i) concentrating and coordinating supply and marketing of the
produce of the members;
(ii) adapting production and processing jointly to the requirements
of the market and improving the product;
(iii) promoting the rationalisation and improvement of production
and processing;
(iv) carrying out research into sustainable production methods and
market developments.
▼M3__________
2. Where interbranch organisations referred to in paragraph 1 carry
out their activities in the territories of several Member States, recog-nition shall be granted by the Commission without the assistance of theCommittee referred to in Article 195(1).
3.►
M10 Further to paragraph 1, Member States shall, with regard
to the fruit and vegetables sector, and may, with regard to the wine
sector, also recognise inter-branch organisations which:
(a) are made up of representatives of economic activities linked to the
production of, trade in, or processing of the products of the sectors
referred to in the introductory words;
(b) are formed on the initiative of all or some of the representatives
referred to in point (a); ◄
(c)►M10 carry out one, and in the case of the fruit and vegetables
sector, two or more, of the following activities in one or more
regions of the Community, taking into account the interests ofconsumers, and, without prejudice to other sectors, in the winesector taking into account public health and the interests ofconsumers: ◄
(i) improving knowledge and the transparency of production and
the market;
▼
M10
(ii) helping to coordinate better the way the products of the fruit
and vegetables and the wine sectors are placed on the market,
in particular by means of research and market studies;
▼M3
(iii) drawing up standard forms of contract compatible with
Community rules;
▼M10
(iv) exploiting to a fuller extent the potential of the fruit and
vegetables produced, and the potential of production in thewine sector;
▼
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(v) providing the information and carrying out the research
necessary to adjust production towards products more suited
to market requirements and consumer tastes and expectations,in particular with regard to product quality and protection ofthe environment;
(vi) seeking ways of restricting the use of plant-health products
and other inputs and ensuring product quality and soil and
water conservation;
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(vii) developing methods and instruments for improving product
quality at all stages of production and marketing and, as
regards the wine sector, also vinification;▼B2007R1234 —EN—01.05.2010 —006.001 —119
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        - 121 -(viii) exploiting the potential of organic farming and protecting and
promoting such farming as well as designations of origin,
quality labels and geographical indications;
▼M3
(ix) promoting integrated production or other environmentally
sound production methods;
▼M10
(x) with regard to the fruit and vegetables sector, laying down
rules, as regards the production and marketing rules referred
to in points 2 and 3 of Annex XVIa, which are stricter thanCommunity or national rules;
(xi) with regard to the wine sector:
—providing information on particular characteristics of wine
with a protected designation of origin or a protectedgeographical indication,
—encouraging moderate and responsible consumption of
wine and informing on the harm linked to hazardousconsumption patterns,
—carrying out promotion actions for wine, especially in
third countries.
▼
B
Article 124
Common provisions concerning producer and interbranch
organisations
▼M7
1. Article 122 and Article 123(1) shall apply without prejudice to the
recognition, decided by Member States on the basis of national law andin compliance with Community law, of producer organisations or inter-branch organisations respectively, in any sector referred to in Article 1except for the sectors referred to in point (a) of the first paragraph ofArticle 122 and in Article 123(1).
▼
B
2. Producer organisations recognised or approved in accordance with
Regulations (EC) No 865/2004, (EC) No 1952/2005 and (EC)No 1544/2006 shall be considered as recognised producer organisationsunder Article 122 of this Regulation.
Interbranch organisations recognised or approved in accordance with
Regulations (EEC) 2077/92 and (EC) No 865/2004 shall be consideredrecognised interbranch organisations under Article 123 of this Regu-lation.
Article 125
Operator organisations
For the purposes of this Regulation, operator organisations shall
comprise recognised producer organisations, recognised interbranchorganisations or recognised organisations of other operators in theolive oil and table olives sector or their associations.▼
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        - 122 -Section Ia
Rules concerning producer and interbranch
organisations and producer groups in the fruit
and vegetables sector
Subsection I
Rules of association and recognition of producer
organisations
Article 125a
Rules of association of producer organisations
1. The rules of association of a producer organisation in the fruit and
vegetables sector shall require its producer members, in particular, to:
(a) apply the rules adopted by the producer organisation relating to
production reporting, production, marketing and protection of the
environment;
(b) belong to only one producer organisation in respect of a given
holding's production of any given product referred to inArticle 122(a)(iii);
(c) market their entire production concerned through the producer orga-
nisation;
(d) provide the information requested by the producer organisation for
statistical purposes, in particular on growing areas, quantities
cropped, yields and direct sales;
(e) pay the financial contributions provided for in its rules of associa-
tion for the establishment and replenishment of the operational fundprovided for in Article 103b.
2. Notwithstanding paragraph 1(c), where the producer organisation
so authorises and where this is in compliance with the terms andconditions laid down by the producer organisation, the producermembers may:
(a) sell no more than a fixed percentage of their production and/or
products directly on their holdings and/or outside their holdings to
consumers for their personal needs, such percentages being fixed byMember States at not less than 10 %;
(b) market themselves or through another producer organisation
designated by their own organisation, quantities of products whichare marginal in relation to the volume of marketable production oftheir organisation;
(c) market themselves or through another producer organisation
designated by their own organisation products which, because of
their characteristics, are not normally covered by the commercialactivities of the producer organisation concerned.
3. The rules of association of a producer organisation shall also
provide for:
(a) procedures for determining, adopting and amending the rules
referred to in paragraph 1;
(b) the imposition on members of financial contributions needed to
finance the producer organisation;
(c) rules enabling the producer members to scrutinise democratically
their organisation and its decisions;▼
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        - 123 -(d) penalties for infringement of obligations under the rules of associ-
ation, particularly non-payment of financial contributions, or of the
rules laid down by the producer organisation;
(e) rules on the admission of new members, particularly a minimum
membership period;
(f) the accounting and budgetary rules necessary for the operation of
the organisation.
4. Producer organisations in the fruit and vegetables sector shall be
deemed as acting in the name of, and on behalf of, their members ineconomic matters.
Article 125b
Recognition
1. Member States shall recognise as producer organisations in thefruit and vegetables sector all legal entities or clearly defined parts oflegal entities applying for such recognition, provided that:
(a) they have the objective of the use of environmentally sound culti-
vation practices, production techniques and waste management
practices in particular to protect the quality of water, soil and
landscape and preserve or encourage biodiversity and meet therequirements laid down in Articles 122 and 125a and provide therelevant evidence therefore;
(b) they have a minimum number of members and cover a minimum
volume or value of marketable production to be laid down byMember States, and provide the relevant evidence therefore;
(c) there is sufficient evidence that they can carry out their activities
properly, both over time and in terms of effectiveness and concen-tration of supply, to which end Member States may decide which ofthe products, or groups of products referred to in Article 122(a)(iii)should be covered by the producer organisation;
(d) they effectively enable their members to obtain technical assistance
in using environmentally-sound cultivation practices;
(e) they effectively provide their members, where necessary, with the
technical means for collecting, storing, packaging and marketing
their produce;
(f) they ensure proper commercial and accounting management of their
activities; and
(g) they do not hold a dominant position on a given market unless this
is necessary in pursuance of the objectives of Article 33 of theTreaty.
2. Member States shall:
(a) decide whether to grant recognition to a producer organisation
within three months of the lodging of an application accompanied
by all the relevant evidence;
(b) carry out checks at regular intervals to ascertain that producer orga-
nisations comply with this Chapter, impose the penalties on suchorganisations in the event of non-compliance or irregularitiesconcerning the provisions of this Regulation and decide, wherenecessary, to withdraw recognition;
(c) notify the Commission, once per year, of every decision to grant,
refuse or withdraw recognition.▼
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        - 124 -Subsection II
Association of produ cer organisations and
producer groups
Article 125c
Association of producer organisations in the fruit and vegetables
sector
An association of producer organisations in the fruit and vegetables
sector shall be formed on the initiative of recognised producer organi-sations and may carry out any of the activities of a producer organi-sation referred to in this Regulation. To this end, Member States may
recognise, on request, an association of producer organisations where:
(a) the Member State considers that the association is capable of effec-
tively carrying out those activities; and
(b) the association does not hold a dominant position on a given market
unless this is necessary in pursuance of the objectives of Article 33
of the Treaty.
Article 125a(4) shall apply mutatis mutandis .
Article 125d
Outsourcing
Member States may permit a recognised producer organisation in the
fruit and vegetables sector or a recognised association of producerorganisations in that sector to outsource any of its activities, includingto subsidiaries, provided that it provides sufficient evidence to theMember State that doing so is an appropriate way to achieve theobjectives of the producer organisation or association of producer orga-nisations concerned.
Article 125e
Producer groups in the fruit and vegetables sector
1. In Member States which acceded to the European Union on 1 May2004 or thereafter, or in the outermost regions of the Community asreferred to in Article 299(2) of the Treaty, or in the smaller AegeanIslands as referred to in Article 1(2) of Regulation (EC) No 1405/2006,producer groups may be formed as a legal entity or clearly defined partof a legal entity, on the initiative of farmers who are growers of one ormore products of the fruit and vegetables sector and/or of such productssolely intended for processing, with a view to being recognised as aproducer organisation.
Such producer groups may be allowed a transitional period in which to
meet the conditions for recognition as a producer organisation inaccordance with Article 122.
In order to qualify, those producer groups shall present a phased recog-
nition plan to the relevant Member State, acceptance of which shallsignal the start of the transitional period referred to in the second sub-paragraph and shall constitute a preliminary recognition. The transitionalperiod shall be no more than five years long.
2. Before acceptance of the recognition plan, Member States shall
inform the Commission of their intentions and the likely financial impli-cations thereof.▼
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        - 125 -Subsection III
Extension of rules to producers in an economic
area
Article 125f
Extension of rules
1. In cases where a producer organisation in the fruit and vegetables
sector which operates in a specific economic area is considered, inrespect of a specific product, to be representative of production andproducers in that area, the Member State concerned may, at therequest of the producer organisation, make the following rules binding
on producers established in that economic area who do not belong to the
producer organisation:
(a) the rules referred to in Article 125a(1)(a);(b) the rules required to implement the measures referred to in
Article 103c(2)(c).
The first subparagraph shall apply on condition that those rules:
(a) have been in force for at least one marketing year;(b) are included in the exhaustive list in Annex XVIa;
(c) are made binding for no more than three marketing years.
However, the condition referred to in point (a) of the second sub-
paragraph shall not apply if the rules concerned are those listed inpoints 1, 3 and 5 of Annex XVIa. In this case, the extension ofrules may not apply for more than one marketing year.
2. For the purposes of this subsection, ‘economic area ’means a
geographical zone made up of adjoining or neighbouring productionregions in which production and marketing conditions are homo-geneous.
Member States shall notify a list of economic areas to the Commission.Within one month of notification, the Commission shall approve the list
or shall, after consultation with the Member State concerned, decide onthe amendments which the latter must make to it. The Commission shallmake the approved list publicly available by the methods it considers
appropriate.
3. A producer organisation shall be deemed representative within the
meaning of paragraph 1 where its members account for at least 50 % ofthe producers in the economic area in which it operates and it covers atleast 60 % of the volume of production of that area. Without prejudiceto paragraph 5, in calculating these percentages account shall not betaken of producers or production of organic products covered, until31 December 2008, by Regulation (EEC) No 2092/91 and, from1 January 2009, by Regulation (EC) No 834/2007.
4. The rules which are made binding on all producers in a specific
economic area:
(a) shall not cause any damage to other producers in the Member State
concerned or in the Community;
(b) shall not apply, unless they expressly cover them, to products
delivered for processing under a contract signed before the
beginning of the marketing year, with the exception of the rules
on production reporting referred to in Article 125a(1)(a);
(c) shall not be incompatible with Community and national rules in
force.▼
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        - 126 -5. Rules may not be made binding on producers of organic products
covered, until 31 December 2008, by Regulation (EEC) No 2092/91and, from 1 January 2009, by Regulation (EC) No 834/2007 unless sucha measure has been agreed to by at least 50 % of such producers in theeconomic area in which the producer organisation operates and thatorganisation covers at least 60 % of such production of that area.
Article 125g
Notification
Member States shall notify the Commission forthwith of the rules which
they have made binding on all producers in a specific economic area
pursuant to Article 125f(1). The Commission shall make these rulespublicly available by the methods it considers appropriate.
Article 125h
Repeal of the extension of rules
The Commission shall decide that a Member State shall repeal anextension of the rules decided on by that Member State pursuant toArticle 125f(1):
(a) where it finds that the extension in question to other producers
excludes competition in a substantial part of the internal market
or jeopardises free trade, or that the objectives of Article 33 ofthe Treaty are endangered;
(b) where it finds that Article 81(1) of the Treaty applies to the rules
extended to other producers. The Commission ’s decision with
regard to those rules shall apply only from the date of such afinding;
(c) where it finds after checks that this subsection has not been
complied with.
Article 125i
Financial contributions of non-member producers
Where Article 125f(1) is applied, the Member State concerned may
decide, on scrutiny of evidence presented, that non-member producersshall be liable to the producer organisation for the part of the financialcontributions paid by the producer members, insofar as these are used tocover:
(a) administrative costs resulting from applying the rules referred to in
Article 125f(1);
(b) the cost of research, market studies and sales promotion undertaken
by the organisation or association and benefiting all producers in the
area.
Article 125j
Extension of rules of associations of producer organisations
For the purposes of this subsection, any reference to producer organi-
sations shall also be construed as a reference to recognised associationsof producer organisations.▼
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        - 127 -Subsection IV
Interbranch organisat ions in the fruit and
vegetables sector
Article 125k
Recognition and withdrawal of recognition
1. If warranted by the Member State ’s structures, Member States may
recognise as interbranch organisations in the fruit and vegetables sector
all legal entities established on their territory which make an appropriateapplication, on condition that:
(a) they carry out their activity in one or more regions in the Member
State concerned;
(b) they represent a significant share of the production of, trade in
and/or processing of fruit and vegetables and products processed
from fruit and vegetables in the region or regions in questionand, where more than one region is involved, they can demonstratea minimum level of representativeness in each region for each of thebranches that they group;
(c) they carry out two or more of the activities referred to in
Article 123(3)(c);
(d) they are not themselves engaged in the production or processing or
marketing of fruit and vegetables or products processed from fruit
and vegetables;
(e) they do not engage in any of the agreements, decisions and
concerted practices referred to in Article 176a(4).
2. Before granting recognition Member States shall notify the
Commission of the interbranch organisations which have applied forrecognition, providing all relevant information about their representa-tiveness and their various activities, together with all other informationneeded for an assessment.
The Commission may object to recognition within a time limit of two
months after notification.
3. Member States shall:(a) decide whether to grant recognition within three months of the
lodging of an application with all relevant supporting documents;
(b) carry out checks at regular intervals to ascertain that interbranch
organisations comply with the terms and conditions for recognition,
impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regu-lation and decide, where necessary, to withdraw recognition;
(c) withdraw recognition if:
(i) the requirements and conditions for recognition laid down in
this subsection are no longer met;
(ii) the interbranch organisation engages in any of the agreements,
decisions and concerted practices referred to in Article 176a(4),
without prejudice to any other penalties to be imposed pursuantto national law;
(iii) the interbranch organisation fails to comply with the notifi-
cation obligation referred to in Article 176a(2);
(d) notify the Commission, within two months, of any decision to grant,
refuse or withdraw recognition.▼
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        - 128 -4. The Commission shall lay down the terms and conditions on
which and the frequency with which the Member States are to reportto the Commission on the activities of interbranch organisations.
The Commission may, as a result of checks, request a Member State to
withdraw recognition.
5. Recognition shall constitute an authorisation to carry out the
activities listed in Article 123(3)(c), subject to the terms of this Regu-lation.
6. The Commission shall make publicly available a list of recognised
interbranch organisations, by the methods it considers appropriate, indi-cating the economic sphere or the area of their activities and the
activities carried out within the meaning of Article 125l. Withdrawals
of recognition shall also be made publicly available.
Article 125l
Extension of rules
1. In cases where an interbranch organisation operating in a specificregion or regions of a Member State is considered to be representativeof the production of or trade in or processing of a given product, theMember State concerned may, at the request of that interbranch orga-nisation, make binding some of the agreements, decisions or concertedpractices agreed on within that organisation for a limited period on other
operators operating in the region or regions in question, whether indi-
viduals or groups, who do not belong to the organisation.
2. An interbranch organisation shall be deemed representative within
the meaning of paragraph 1 where it accounts for at least two thirds ofthe production or trade in or processing of the product or productsconcerned in the region or regions concerned of a Member State.Where the application for extension of its rules to other operatorscovers more than one region, the interbranch organisation must demon-strate a minimum level of representativeness for each of the branches itgroups in each of the regions concerned.
3. The rules for which extension to other operators may be requested:
(a) shall have one of the following aims:
(i) production and market reporting;
(ii) stricter production rules than those laid down in Community or
national rules;
(iii) drawing up of standard contracts which are compatible with
Community rules;
(iv) rules on marketing;(v) rules on protecting the environment;
(vi) measures to promote and exploit the potential of products;(vii) measures to protect organic farming as well as designations of
origin, quality labels and geographical indications;
(b) shall have been in force for at least one marketing year;(c) may be made binding for no more than three marketing years;(d) shall not cause any damage to other operators in the Member State
concerned or the Community.
However, the condition referred to in point (b) of the first subparagraph
shall not apply if the rules concerned are those listed in points 1, 3and 5 of Annex XVIa. In this case, the extension of rules may not applyfor more than one marketing year.▼
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        - 129 -4. The rules referred to in points (a)(ii), (iv) and (v) of paragraph 3
shall not be other than those set out in Annex XVIa. The rules referredto in point (a)(ii) of paragraph 3 shall not apply to products which wereproduced outside the specific region or regions referred to inparagraph 1.
Article 125m
Notification and repeal of the extension of rules
1. Member States shall notify the Commission forthwith of the rules
which they have made binding on all operators in one or more specificregions pursuant to Article 125l(1). The Commission shall make thoserules publicly available by the methods it considers appropriate.
2. Before the rules are made publicly available, the Commission shall
inform the Committee set up by Article 195 of any notification of theextension of interbranch agreements.
3. The Commission shall decide that a Member State must repeal an
extension of the rules decided on by that Member State in the casesreferred to in Article 125h.
Article 125n
Financial contributions of non-members
In cases where rules for one or more products are extended and whereone or more of the activities referred to in Article 125l(3)(a) are pursued
by a recognised interbranch organisation and are in the general
economic interest of those persons whose activities relate to one ormore of the products concerned, the Member State which has grantedrecognition may decide that individuals or groups which are notmembers of the interbranch organisation but which benefit from thoseactivities shall pay the organisation all or part of the financial contri-butions paid by its members to the extent that such contributions areintended to cover costs directly incurred as a result of pursuing theactivities in question.
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Section Ib
Rules concerning produ cer and inter-branch
organisations in the wine sector
Article 125o
Recognition
1. Member States may recognise producer and inter-branch organi-sations which have lodged an application for recognition with theMember State concerned and the application contains evidence thatthe entity:
(a) as regards producer organisations:
(i) meets the requirements laid down in Article 122;
(ii) has a minimum number of members, to be laid down by the
Member State concerned;
(iii) covers a minimum volume of marketable production, to be laid
down by the Member State concerned, in the area where the
organisation operates;
(iv) can carry out its activities properly, both over time and in terms
of effectiveness and concentration of supply;▼
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        - 130 -(v) effectively enables its members to obtain technical assistance in
using environmentally sound cultivation practices;
(b) as regards inter-branch organisations:
(i) meets the requirements laid down in Article 123(3);
(ii) carries out its activities in one or more regions in the territory
concerned;
(iii) represents a significant share of the production of, or trade in,
products covered by this Regulation;
(iv) does not engage in the production, processing or marketing of
products of the wine sector.
2. Producer organisations recognised in accordance with Regulation
(EC) No 1493/1999 shall be considered as recognised producer organi-sations under this Article.
Organisations meeting the criteria set out in Article 123(3) and of
paragraph (1)(b) of this Article, which have been recognised byMember States, shall be considered as recognised interbranch organi-sations under those provisions.
3. Articles 125b(2) and 125k(3) shall apply mutatis mutandis to
producer and inter-branch organisations respectively in the wine
sector. However:
(a) the periods referred to in Articles 125b(2)(a) and 125k(3)(c) respec-
tively shall be four months;
(b) the applications for recognition referred to in Articles 125b(2)(a)
and 125k(3)(c) shall be lodged with the Member State where the
organisation has its headquarters;
(c) the annual notifications referred to in Articles 125b(2)(c) and
125k(3)(d) respectively shall be made by 1 March each year.
▼
B
Section II
Rules concerning interbra nch organisations in
the tobacco sector
Article 126
Payment of subscription by non-members
1. Where one or more of the activities referred to in paragraph 2 is
pursued by a recognised interbranch organisation in the tobacco sectorand is in the general economic interest of those persons whose activitiesrelate to one or more of the products concerned, the Member Statewhich has granted recognition, or the Commission, without theassistance of the Committee referred to in Article 195(1), where recog-nition has been granted by the Commission, may decide that individualsor groups which are not members of the organisation but which benefitfrom those activities shall pay the organisation all or part of thesubscriptions paid by its members to the extent that such subscriptionsare intended to cover costs, other than administrative costs of any
description, directly incurred as a result of pursuing the activities in
question.
2. The activities referred to in paragraph 1 shall relate to one of the
following objectives:
(a) research to add value to the products, in particular through new uses
which do not pose a threat to public health;
(b) studies to improve the quality of leaf or baled tobacco;▼
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        - 131 -(c) research into methods of cultivation permitting reduced use of plant
health products and guaranteeing conservation of the soil and the
environment.
3. The Member States concerned shall notify the Commission of
decisions which they intend to take under paragraph 1. Suchdecisions may not apply before the expiry of a three month periodstarting from the date of notification to the Commission. Within thatthree month period the Commission may call for the rejection of all orpart of the draft decision if the general economic interest put forwarddoes not appear to be well founded.
4. Where the activities of an interbranch organisation recognised by
the Commission in accordance with this Chapter are in the general
economic interest, the Commission shall notify its draft decision to
the Member States concerned, who shall then have two months tomake their comments.
Section III
Procedural rules
Article 127
Implementing rules
The Commission shall adopt the detailed rules for the application of thisChapter, in particular the conditions and procedures for the recognitionof producer, interbranch and operator organisations in individual sectors,
including:
(a) the specific aims to be pursued by such organisations;
(b) the rules of association of such organisations;(c) the activities of such organisations;(d) derogations from the requirements laid down in Articles 122, 123
and 125;
▼
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(da) as the case may be, the rules on transnational producer organi-
sations and transnational associations of producer organisations
including administrative assistance to be given by the relevant
competent authorities in the case of transnational cooperation;
▼B
(e) as the case may be, any effects deriving from the recognition as an
interbranch organisation.
PART III
TRADE WITH THIRD COUNTRIES
CHAPTER I
General provisions
Article 128
General principles
Unless otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in tradewith third countries:▼
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        - 132 -(a) the levying of any charge having equivalent effect to a customs
duty;
(b) the application of any quantitative restriction or measure having
equivalent effect.
Article 129
Combined nomenclature
The general rules for interpreting the Combined Nomenclature, provided
for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on thetariff and statistical nomenclature and on the Common CustomsTariff (
1) (hereinafter referred to as ‘Combined Nomenclature ’'), and
the special rules for its application shall apply to the tariff classification
of products covered by this Regulation. ►M10 The tariff nomen-
clature resulting from the application of this Regulation, including, as
the case may be, the definitions in Annex III and Annex XIb shall beincluded in the Common Customs Tariff. ◄
CHAPTER II
Imports
Section I
Import licences
Article 130
Import licences
1. Without prejudice to cases where import licences are required inaccordance with this Regulation, the Commission may make imports of
one or more products of the following sectors into the Community
subject to presentation of an import licence:
(a) cereals;(b) rice;
(c) sugar;
(d) seeds;
(e) olive oil and table olives, with regard to products falling within
CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19,
1522 00 31 and 1522 00 39;
(f) flax and hemp, as far as hemp is concerned;
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(fa) fruit and vegetables;
(fb) processed fruit and vegetables;
▼B
(g) bananas;
▼M10
(ga) wine;
▼B
(h) live plants;(i) beef and veal;▼
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(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC)
No 733/2007 (OJ L 169, 29.6.2007, p. 1).
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        - 133 -(j) milk and milk products;
(k) pigmeat;
(l) sheepmeat and goatmeat;
(m) eggs;
(n) poultrymeat;
(o) agricultural ethyl alcohol.2. When applying paragraph 1, the Commission shall take account of
the need for import licences for the management of the marketsconcerned and, in particular, for monitoring the imports of the
products in question.
Article 131
Issue of licences
Import licences shall be issued by Member States to any applicant,
irrespective of its place of establishment in the Community, unless aCouncil Regulation or any other act of the Council provides otherwise,and without prejudice to measures taken for the application of thisChapter.
Article 132
Validity
Import licences shall be valid throughout the Community.
Article 133
Security
1. Save as otherwise provided for by the Commission, licences shall
be issued subject to the lodging of a security guaranteeing that theproducts are imported during the term of validity of the licence.
2. Except in cases of force majeure , the security shall be forfeited in
whole or in part if the import is not carried out, or is carried out only
partially, within the period of validity of the licence.
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Article 133a
Special security in the wine sector
1. For juice and musts falling under CN codes 2009 61, 2009 69 and
2204 30 for which the application of the Common Customs Tariff duties
depends on the import price of the product, the actual amount of thatprice shall be verified either by checking every consignment or by usinga flat-rate import value calculated by the Commission on the basis ofprice quotations for the same products in the countries of origin.
Should the declared entry price of the consignment be higher than the
flat-rate import value, if such applies, increased by a margin adopted bythe Commission that may not exceed the flat-rate value by more than10 %, a security must be lodged equal to the import duties determinedon the basis of the flat-rate import value.
If the entry price of the consignment is not declared, the application of
Common Customs Tariff shall be dependent on the flat-rate importvalue or on the application, under conditions to be determined by theCommission, of the relevant provisions of customs legislation.▼
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        - 134 -2. Should derogations by the Council referred to in points B.5 or C
of Annex XVb be applied to imported products, importers shall lodge asecurity for those products with the designated customs authorities at thetime of release for free circulation. The security shall be released onpresentation by the importer of proof, to the satisfaction of the customsauthorities of the Member State of release for free circulation, that themusts were made into grape juice, used in other products outside thewine sector or, if vinified, have been appropriately labelled.
▼
B
Article 134
Implementing rules
The Commission shall adopt the detailed rules for the application of this
Section, including the terms of validity of the licences and the rate ofsecurity.
Section II
Import duties and levies
Article 135
Import duties
Save as otherwise provided for pursuant to this Regulation, the rates ofimport duty in the Common Customs Tariff shall apply to the productsreferred to in Article 1.
Article 136
Calculation of import duties for cereals
1. Notwithstanding Article 135, the import duty on products covered
by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high qualitycommon wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90other than hybrid for sowing, shall be equal to the intervention pricevalid for such products on importation increased by 55 %, minus thec.i.f. import price applicable to the consignment in question. However,that duty may not exceed the conventional rate of duty as determined onthe basis of the Combined Nomenclature.
2. For the purposes of calculating the import duty referred to in
paragraph 1, representative c.i.f. import prices shall be established ona regular basis for the products referred to in that paragraph.
Article 137
Calculation of import duties for husked rice
1. Notwithstanding Article 135, the import duty on husked rice
falling within CN code 1006 20 shall be fixed by the Commissionwithout the assistance of the Committee referred to in Article 195(1)within 10 days of the end of the reference period concerned inaccordance with point 1 of Annex XVII.
The Commission, without the assistance of the Committee referred to in
Article 195(1), shall fix a new applicable duty if the calculationsperformed under that Annex indicate a need to change the duty. Untilsuch time as a new applicable duty is fixed, the duty previously fixedshall apply.▼
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        - 135 -2. In order to calculate the imports referred to in point 1 of
Annex XVII, account shall be taken of the quantities for whichimport licences for husked rice falling within CN code 1006 20 wereissued in the corresponding reference period, excluding the importlicences for Basmati rice referred to in Article 138.
3. The annual reference quantity shall be 449 678 tonnes. The partial
reference quantity for each marketing year shall correspond to half theannual reference quantity.
Article 138
Calculation of import duties for husked basmati rice
Notwithstanding Article 135, the husked Basmati rice varieties falling
within CN codes 1006 20 17 and 1006 20 98 listed in Annex XVIIIshall qualify for a zero rate of import duty under the conditions fixedby the Commission.
Article 139
Calculation of import duties for milled rice
1. Notwithstanding Article 135, the import duty for semi-milled or
wholly milled rice falling within CN code 1006 30 shall be fixed by the
Commission, without the assistance of the Committee referred to in
Article 195(1), within ten days after the end of the reference periodconcerned in accordance with point 2 of Annex XVII.
The Commission, without the assistance of the Committee referred to in
Article 195(1), shall fix a new applicable duty if the calculationsperformed under that Annex indicate a need to change the duty. Untilsuch time as a new applicable duty is fixed, the duty previously fixedshall apply.
2. In order to calculate imports referred to in point 2 of Annex XVII,
account shall be taken of the quantities for which import licences forsemi-milled or wholly milled rice falling within CN code 1006 30 wereissued in the corresponding reference period.
Article 140
Calculation of import duties for broken rice
Notwithstanding Article 135, the import duty on broken rice falling
within CN code 1006 40 00 shall be EUR 65 per tonne.
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Article 140a
Entry price system for the fruit and vegetables and the processed
fruit and vegetables sectors
1. Should application of the common customs tariff duty rate depend
on the entry price of the imported consignment, the veracity of thisprice shall be checked using a flat-rate import value calculated by the
Commission, by product and by origin, on the basis of the weighted
average of prices for the product on Member States ’representative
import markets or on other markets, where appropriate.
Specific provisions may, however, be adopted by the Commission for
verifying the entry price of products imported primarily for processing.
2. Where the declared entry price of the consignment in question is
higher than the flat-rate import value, increased by a margin set by theCommission which may not exceed the flat-rate value by more than▼
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        - 136 -10 %, the lodging of a security equal to the import duty determined on
the basis of the flat-rate import value shall be required.
3. If the entry price of the consignment in question is not declared at
the time of customs clearance, the common customs tariff duty rate tobe applied shall depend on the flat-rate import value or be arrived at byapplication of the relevant customs legislation provisions underconditions to be determined by the Commission.
▼
B
Article 141
Additional import duties
1.►M10 An additional import duty shall apply to imports, subject
to the rate of duty laid down in Articles 135 to 140a of one or more
products of the cereals, rice, sugar, fruit and vegetables, processed fruitand vegetables, beef and veal, milk and milk products, pig meat, sheepmeat and goat meat, eggs, poultry and bananas sectors, as well as ofgrape juice and grape must, in order to prevent or counteract adverseeffects on the Community market which may result from those imports,if:◄
(a) the imports are made at a price below the level notified by the
Community to the WTO (the trigger price); or
(b) the volume of imports in any year exceeds a certain level (the
trigger volume).
The trigger volume shall be based on market access opportunities
defined, where applicable, as imports as a percentage of the corre-sponding domestic consumption during the three previous years.
2. Additional import duties shall not be imposed where the imports
are unlikely to disturb the Community market, or where the effectswould be disproportionate to the intended objective.
3. For the purposes of paragraph 1(a), import prices shall be
determined on the basis of the c.i.f. import prices of the consignmentunder consideration.
C.i.f. import prices shall be checked against the representative prices for
the product on the world market or on the Community import marketfor that product.
Article 142
Suspension of import duties in the sugar sector
The Commission may suspend import duties in whole or in part for
certain quantities in respect of the following products to guarantee thesupply necessary for the manufacturing of products referred to inArticle 62(2):
(a) sugar falling within CN code 1701;(b) isoglucose falling within CN codes 1702 30 10, 1702 40 10,
1702 60 10 and 1702 90 30.
Article 143
Implementing rules
The Commission shall adopt the detailed rules for the application of this
Section, in particular specifying:
(a) as regards Article 136:
(i) the minimum requirements for high quality common wheat;▼
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        - 137 -(ii) the price quotations to be taken into consideration;
(iii) the possibility, where appropriate in specific cases, of giving
operators the opportunity to know the duty applicable before
the arrival of the consignments concerned.
(b) as regards Article 141, the products to which additional import
duties shall be applied and the other criteria necessary to ensurethe application of paragraph 1 of that Article.
Section III
Import quota management
Article 144
Tariff quotas
1. Tariff quotas for imports of products referred to in Article 1resulting from agreements concluded in accordance with Article 300of the Treaty or from any other act of the Council shall be openedand administered by the Commission under detailed rules adopted bythe Commission.
2. Tariff quotas shall be administered in a manner which avoids any
discrimination between the operators concerned, by applying one of thefollowing methods or a combination of them or another appropriatemethod:
(a) a method based on the chronological order of the lodging of appli-
cations ( ‘first come, first served’ principle);
(b) a method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneous exam-
ination method ’);
(c) a method based on taking traditional trade patterns into account
(using the ‘traditional/newcomers method’ ).
3. The method of administration adopted shall, where appropriate,
give due weight to the supply requirements of the Community marketand the need to safeguard the equilibrium of that market.
Article 145
Opening of tariff quotas
The Commission shall provide for the annual tariff quotas, if necessarysuitably phased over the year and shall determine the administrativemethod to be used.
Article 146
Specific rules
1. With regard to the import quota of 54 703 tonnes of frozen beefand veal meat falling within CN codes 0202 20 30, 0202 30 and0206 29 91 and intended for processing, the Council, acting inaccordance with the procedure laid down in Article 37(2) of theTreaty, may lay down that all or part of the quota shall cover equivalentquantities of quality meat, applying a conversion rate of 4,375.
2. In the case of tariff quota for import into Spain of 2 000 000
tonnes of maize and 300 000 tonnes of sorghum and tariff quota forimport into Portugal of 500 000 tonnes of maize, the detailed rulesreferred to in Article 148 shall also include the provisions necessaryfor carrying out the tariff quota imports and, where appropriate, the▼
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        - 138 -public storage of the quantities imported by the paying agencies of the
Member States concerned and their disposal on the markets of thoseMember States.
Article 147
Tariff rates for bananas
This Chapter shall apply without prejudice to Council Regulation (EC)
No 1964/2005 (
1).
Article 148
Implementing rules
The Commission shall adopt detailed rules for the implementation of
this Section, in particular on:
(a) guarantees covering the nature, provenance and origin of the
product;
(b) recognition of the document used for verifying the guarantees
referred to in point (a);
(c) the conditions under which import licences shall be issued and their
term of validity.
Section IV
Special provisions for certain products
Subsection I
Special provisions for imports in respect of the
cereals and rice sectors
Article 149
Imports of mixtures of different cereals
The import duty applicable to mixtures composed of cereals falling
within points (a) and (b) of Part I of Annex I shall be established asfollows:
(a) in the case where the mixture is composed of two of such cereals,
the import duty shall be that applicable:(i) to the component cereal predominating by weight, when the
cereal represents at least 90 % of the weight of the mixture;
(ii) to the component cereal liable to the higher import duty, when
neither of the two component cereals represents at least 90 % of
the weight of the mixture;
(b) in the case where the mixture is composed of more than two of such
cereals, and where several cereals each represent more than 10 % by
weight of the mixture, the import duty applicable to the mixtureshall be the highest of the import duties applicable to such cereals,even when the amount of the import duty is the same for two ormore of the cereals.
Where only one cereal represents more than 10 % of the weight of
the mixture, the import duty to be applied shall be that applicable tothis cereal.▼
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        - 139 -(c) in all cases not covered by points (a) and (b), the import duty shall
be the highest of the import duties applicable to the cereals
composing the mixture concerned, even when the amount of theimport duty is the same for two or more of the cereals.
Article 150
Imports of mixtures between cereals and rice
The import duty applicable to mixtures composed of one or more of the
cereals falling within points (a) and (b) of Part I of Annex I, on the onehand, and of one or more of the products falling within points (a) and(b) of Part II of Annex I, on the other, shall be that applicable to thecomponent cereal or product liable to the highest import duty.
Article 151
Imports of mixtures of rice
The import duty applicable to mixtures composed either of rice classi-
fiable under several different processing groups or stages or of riceclassifiable under one or more different processing groups or stageson the one hand and of broken rice on the other shall be that applicable:
(a) to the component predominating by weight, when that component
represents at least 90 % of the weight of the mixture;
(b) the component liable to the highest import duty, when no
component represents at least 90 % of the weight of the mixture.
Article 152
Applicability of the tariff classification
Where the method for fixing the import duty set out in Articles 149 to
151 cannot be applied, the duty to be applied to the mixtures referred toin those Articles shall be that determined by the tariff classification ofsthe mixtures.
Subsection II
Preferential import a rrangements for sugar
Article 153
Traditional supply need for refining
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1. A traditional supply need of sugar for refining is fixed for the
Community at 2 424 735 tonnes per marketing year, expressed in whitesugar.
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During the marketing year 2008/2009, the traditional supply need shallbe distributed as follows:
(a) 198 748 tonnes for Bulgaria;(b) 296 627 tonnes for France;(c) 100 000 tonnes for Italy;(d) 291 633 tonnes for Portugal;(e) 329 636 tonnes for Romania;(f) 19 585 tonnes for Slovenia;▼
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        - 140 -(g) 59 925 tonnes for Finland;
(h) 1 128 581 tonnes for the United Kingdom.2. The traditional supply need referred to in the first subparagraph of
paragraph 1 shall be increased by 65 000 tonnes. This quantity shallconcern raw cane sugar and shall be reserved for the marketing year
2008/2009 for the sole sugar beet processing plant at work in 2005 in
Portugal. That processing plant is deemed to be a full time refiner.
3. Import licences for sugar for refining shall be issued only to full-
time refiners provided that the quantities concerned do not exceed thequantities that may be imported in the framework of the traditionalsupply need referred to in paragraph 1. The licences may be transferredonly between full-time refiners and their validity expires at the end ofthe marketing year for which they have been issued.
This paragraph shall apply for the marketing year 2008/2009, and for
the first three months of each of the following marketing years.
4. The application of import duties on cane sugar for refining falling
within CN code 1701 11 10 originating in the States referred to in
Annex XIX shall be suspended for the complementary quantity which
is needed to allow an adequate supply of the full-time refiners for themarketing year 2008/2009.
The complementary quantity shall be fixed by the Commission, based
on the balance between the traditional supply need referred to inparagraph 1 and the forecast supply of sugar for refining for themarketing year concerned. This balance may be revised by theCommission during the marketing year and may be based on historicflat-rate estimates of raw sugar intended for consumption.
Article 154
Guaranteed price
1. The guaranteed prices fixed for the ACP/Indian sugar shall apply
for import of standard quality raw and white sugar from:
(a) the least developed countries under the arrangements referred to in
Articles 12 and 13 of Council Regulation (EC) No 980/2005 (
1);
(b) the States listed in Annex XIX for the complementary quantity
referred to in Article 153(4).
2. Applications for import licences for sugar benefiting from a guar-
anteed price shall be accompanied by an export licence issued by theauthorities of the exporting country certifying the compliance of thesugar with the rules provided for in the agreements concerned.
Article 155
Sugar Protocol commitments
The Commission may adopt measures to ensure that the ACP/Indiansugar is imported into the Community under the conditions set out inProtocol 3 to Annex V to the ACP-EC Partnership Agreement and theAgreement on cane sugar between the European Community and theRepublic of India. Those measures may, if necessary, derogate fromArticle 153 of this Regulation.▼
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        - 141 -Article 156
Implementing rules
Detailed rules for the application of this Subsection shall be adopted by
the Commission, in particular to comply with international agreements.They may include amendments to Annex XIX.
Subsection III
Special provisions for imports of hemp
Article 157
Imports of hemp
1. The following products may be imported into the Community onlyif the following conditions are met:
(a) raw true hemp falling within CN code 5302 10 00 meeting the
conditions laid down in Article 52 of Regulation (EC)
No 1782/2003;
(b) seeds of varieties of hemp falling within CN code ex 1207 99 15 for
sowing accompanied by proof that the tetrahydrocannabinol leveldoes not exceed that fixed in accordance with Article 52 of Regu-lation (EC) No 1782/2003;
(c) hemp seeds other than for sowing, falling within CN code
1207 99 91 imported only by importers authorised by the Member
State in order to ensure that such seeds are not intended for sowing.
2. Without prejudice to any specific provisions which may beadopted by the Commission in accordance with Article 194, imports
into the Community of the products specified in paragraph 1(a) and (b)
of this Article shall be subject to checks to determine whether theconditions provided for in paragraph 1 of this Article are met.
3. This Article shall apply without prejudice to more restrictive
provisions adopted by Member States in compliance with the Treatyand the obligations arising under the WTO Agreement on Agriculture.
Subsection IV
Special provisions for imports of hops
Article 158
Imports of hops
1. Products of the hops sector may be imported from third countries
only if their quality standards are at least equivalent to those adopted for
like products harvested within the Community or made from suchproducts.
2. Products shall be considered as being of the standard referred to in
paragraph 1 if they are accompanied by an attestation issued by theauthorities of the country of origin and recognised as equivalent to thecertificate referred to in Article 117.
In the case of hop powder, hop powder with higher lupulin content,
extract of hops and mixed hop products, the attestation may berecognised as being equivalent to the certificate only if the alpha acidcontent of these products is not lower than that of the hops from whichthey have been prepared.▼
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        - 142 -The equivalence of those attestations shall be verified in accordance
with detailed rules adopted by the Commission.
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Subsection V
Special provisions for imports of wine
Article 158a
Special import requirements for wine
1. Save as otherwise provided for, in particular in agreements
concluded pursuant to Article 300 of the Treaty, the provisionsconcerning designations of origin and geographical indications andlabelling set out in Subsection I of Section Ia of Chapter I of Title IIof Part II, as well as Article 113d(1) of this Regulation shall apply toproducts falling under CN codes 2009 61, 2009 69 and 2204 which areimported into the Community.
2. Save as otherwise provided for in agreements concluded pursuant
to Article 300 of the Treaty, products referred to in paragraph 1 of thisArticle shall be produced in accordance with oenological practicesrecommended and published by the OIV or authorised by the
Community pursuant to this Regulation and its implementing measures.
3. The importation of the products referred to in paragraph 1 shall be
subject to the presentation of:
(a) a certificate evincing compliance with the provisions referred to in
paragraphs 1 and 2, to be drawn up by a competent body, included
on a list to be made public by the Commission, in the product ’s
country of origin;
(b) an analysis report drawn up by a body or department designated by
the product ’s country of origin, in so far as the product is intended
for direct human consumption.
4. Detailed rules for the application of this Article shall be adoptedby the Commission.
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Section V
Safeguard and inward processing
Article 159
Safeguard measures
1. Safeguard measures against imports into the Community shall be
taken by the Commission, subject to paragraph 3 of this Article, inaccordance with Council Regulations (EC) No 519/94 (
1) and (EC)
No 3285/94 (2).
2. Save as otherwise provided for pursuant to any other act of the
Council, safeguard measures against imports into the Communityprovided for in international agreements concluded in accordance withArticle 300 of the Treaty shall be taken by the Commission inaccordance with paragraph 3 of this Article.
3. Measures referred to in paragraphs 1 and 2 may be taken by the
Commission, without the assistance of the Committee referred to inArticle 195(1), at the request of a Member State or on its own initiative.▼
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(1) OJ L 67, 10.3.1994, p. 89.
(2) OJ L 349, 31.12.1994, p. 53.
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        - 143 -If the Commission receives a request from a Member State, it shall take
a decision thereon within five working days following receipt of therequest.
The Member States shall be notified of such measures, which shall be
immediately applicable.
Decisions taken by the Commission pursuant to paragraphs 1 and 2 may
be referred to the Council by any Member State within five working
days of the date on which they were notified. The Council shall meet
without delay. It may, acting by qualified majority, amend or repeal thedecision in question within one month following the date on which itwas referred to the Council.
4. Where the Commission considers that any safeguard measure
taken in accordance with paragraphs 1 or 2 should be revoked oramended, it shall proceed as follows:
(a) where the measure was enacted by the Council, the Commission
shall propose to the Council that it be revoked or amended. The
Council shall act by a qualified majority;
(b) in all other cases, Community safeguard measures shall be revoked
or amended by the Commission without the assistance of theCommittee referred to in Article 195(1).
Article 160
Suspension of inward processing arrangements
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1.►M10 Where the Community market is disturbed or is liable to
be disturbed by inward processing arrangements, the Commission may,
at the request of a Member State or on its own initiative, fully orpartially suspend the use of inward processing arrangements for theproducts of the cereals, rice, sugar, olive oil and table olives, fruitand vegetables, processed fruit and vegetables, wine, beef and veal,milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poul-trymeat and agricultural ethyl alcohol sectors. If the Commissionreceives a request from a Member State, it shall take a decisionthereon within five working days following receipt of the request. ◄
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The Member States shall be notified of such measures, which shall be
immediately applicable.
Measures decided on by the Commission pursuant to the first subpara-
graph may be referred to the Council by any Member State within fiveworking days of the date on which they were notified. The Councilshall meet without delay. It may, acting by qualified majority, amend orrepeal the measures in question within one month following the date onwhich they were referred to the Council.
2. To the extent necessary for the proper functioning of the CMO,
the use of inward processing arrangements for the products referred toin paragraph 1 may be fully or partially prohibited by the Council,acting in accordance with the procedure laid down in Article 37(2) ofthe Treaty.▼
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        - 144 -CHAPTER III
Exports
Section I
Export licences
Article 161
Export licences
1. Without prejudice to cases where export licences are required in
accordance with this Regulation, the Commission may make exports ofone or more products of the following sectors from the Communitysubject to presentation of an export licence:
(a) cereals;
(b) rice;
(c) sugar;
(d) olive oil and table olives, with regard to olive oil referred to in
point (a) of Part VII of Annex I;
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(da) fruit and vegetables;
(db) processed fruit and vegetables;
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(dc) wine;
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(e) beef and veal;
(f) milk and milk products;(g) pigmeat;
(h) sheepmeat and goatmeat;
(i) eggs;
(j) poultrymeat;
(k) agricultural ethyl alcohol.
When applying the first subparagraph, the Commission shall take
account of the need for export licences for the management of themarkets concerned and, in particular, for monitoring the exports ofthe products in question.
2. Articles 131 to 133 shall apply mutatis mutandis .
3. The Commission shall adopt detailed rules for the application of
paragraphs 1 and 2, including the terms of validity of the licences and
the rate of security.
Section II
Export refunds
Article 162
Scope of export refunds
1. To the extent necessary to enable exports on the basis of world
market quotations or prices and within the limits resulting fromagreements concluded in accordance with Article 300 of the Treaty,▼
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        - 145 -the difference between those quotations or prices and prices in the
Community may be covered by export refunds for:
(a) the products of the following sectors to be exported without further
processing:
(i) cereals;
(ii) rice;
(iii) sugar, with regard to the products listed in points (b), (c), (d)
and (g) of Part III of Annex I;
(iv) beef and veal;(v) milk and milk products;(vi) pigmeat;
(vii) eggs;
(viii) poultrymeat;
(b) the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be
exported in the form of goods listed in Annexes XX and XXI.
In the case of the milk and milk products exported in the form of
products listed in Part IV of Annex XX, export refunds may only be
granted for products listed in points (a) to (e) and (g) of Part XVI of
Annex I.
2. Export refunds on products exported in the form of processed
goods listed in Annexes XX and XXI may not be higher than thoseapplicable to the same products exported without further processing.
3. Insofar as is necessary to take account of the features of
production peculiar to certain spirit drinks obtained from cereals, thecriteria for granting export refunds referred to in paragraphs 1 and 2,and the procedure for verification, may be adapted by the Commissionto suit this particular situation.
Article 163
Export refund distribution
The quantities which may be exported with an export refund shall be
allocated by the method which:
(a) is most suited to the nature of the product and the situation on the
market in question, allowing the most efficient possible use of the
resources available, account being taken of the efficiency andstructure of Community exports without creating discriminationbetween the operators concerned and in particular between largeand small operators;
(b) is least cumbersome administratively for operators, account being
taken of administrative requirements;
(c) avoids any discrimination between the operators concerned.
Article 164
Export refund fixation
1. Export refunds shall be the same for the whole Community. They
may vary according to destination, especially where the world marketsituation, the specific requirements of certain markets, or obligationsresulting from agreements concluded in accordance with Article 300of the Treaty make this necessary.
2. Refunds shall be fixed by the Commission.▼
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        - 146 -Refunds may be fixed:
(a) at regular intervals;(b) by invitation to tender for products in respect of which provision
was made for that procedure before the date of application of this
Regulation in accordance with Article 204(2).
Except where fixed by tender, the list of products on which an exportrefund is granted and the amount of export refunds shall be fixed atleast once every three months. The amount of the refund may, however,remain at the same level for more than three months and may, wherenecessary, be adjusted in the intervening period by the Commission,without the assistance of the Committee referred to in Article 195(1),either at the request of a Member State or on its own initiative.
3. One or more of the following aspects shall be taken into account
when refunds for a certain product are being fixed:
(a) the existing situation and the future trend with regard to:
—prices and availabilities of that product on the Community
market,
—prices for that product on the world market.
(b) the aims of the common market organisation which are to ensure
equilibrium and the natural development of prices and trade on this
market;
(c) the need to avoid disturbances likely to cause a prolonged
imbalance between supply and demand on the Community market;
(d) the economic aspect of the proposed exports;
(e) the limits resulting from agreements concluded in accordance with
Article 300 of the Treaty;
(f) the need to establish a balance between the use of Community basic
products in the manufacture of processed goods for export to third
countries, and the use of third-country products brought in under
processing arrangements;
(g) the most favourable marketing costs and transport costs from
Community markets to Community ports or other places of exporttogether with forwarding costs to the countries of destination;
(h) demand on the Community market;
(i) in respect of the pigmeat, eggs and poultrymeat sectors, the
difference between prices within the Community and prices on
the world market for the quantity of feed grain input required for
the production in the Community of the products of those sectors.
4. A corrective amount applicable to the export refunds may be set
by the Commission in respect of the cereals and rice sectors. However,
where necessary, the Commission, without the assistance of the
Committee referred to in Article 195(1), may amend the correctiveamounts.
The first subparagraph may also be applied to products that are exported
in the form of goods listed in Annex XX.
Article 165
Export refund for malt in storage
For the first three months of the marketing year, the refund applicable to
exports of malt in storage at the end of the previous marketing year ormade from barley in stock at that time shall be that which would havebeen applied in respect of the export licence in question to exportsduring the last month of the preceding marketing year.▼
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        - 147 -Article 166
Export refund adjustment for cereals
Unless otherwise provided for by the Commission, the refund on
products listed in points (a) and (b) of Part I of Annex I, establishedin accordance with Article 167(2), shall be adjusted by the Commissionin line with the level of the monthly increases applicable to the inter-vention price and, where appropriate, changes in that price.
The first paragraph may be applied, in whole or in part, to products
listed in points (c) and (d) of Part I of Annex I as well as to productsreferred to in Part I of Annex I and exported in the form of goodsreferred to in Part I of Annex XX. In that case, the adjustment referredto in the first subparagraph shall be corrected by applying to themonthly increase a coefficient expressing the ratio between thequantity of basic product and the quantity thereof contained in theprocessed product exported or used in the goods exported.
Article 167
Granting of export refund
1. Refunds on products listed in Article 162(1)(a) exported as such
without further processing shall only be granted on application and onpresentation of an export licence.
2. The refund applicable to products referred to in paragraph 1 shall
be that applicable on the day of application for the licence or, as thecase may be, that resulting from the tender procedure concerned and, inthe case of a differentiated refund, that applicable on the same day:
(a) for the destination indicated on the licence, or(b) where appropriate, for the actual destination if this differs from the
destination indicated on the licence, in which case the amount
applicable shall not exceed the amount applicable to the destination
indicated on the licence.
Appropriate measures may be taken by the Commission to prevent
abuse of the flexibility provided for in this paragraph.
3. By way of derogation from paragraph 1, the Commission may
decide that in the case of eggs for hatching and of day-old chicksexport licences may be granted ex post .
4. It may be decided, in accordance with the procedure referred to inArticle 16(2) of Council Regulation (EC) No 3448/93 (
1), to apply
paragraphs 1 and 2 to the goods referred to in Article 162(1)(b) ofthis Regulation.
5. Derogations from paragraph 1 and 2 may be granted by the
Commission in the case of products on which export refunds are paidunder food-aid operations.
6. The refund shall be paid upon submission of proof that:
(a) the products have been exported from the Community;
(b) in the case of a differentiated refund, the products have reached the
destination indicated on the licence or another destination for which
a refund was fixed, without prejudice to point (b) of paragraph 2.
However, exceptions may be allowed by the Commission provided that
conditions are laid down which offer equivalent guarantees.
7. Further conditions for the granting of export refunds may be
established by the Commission for one or more products. They mayinclude:▼
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(1) OJ L 318, 20.12.1993, p. 18.
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        - 148 -(a) that refunds are only paid for products of Community origin;
(b) that the amount of refunds for imported products shall be limited to
the duties collected on importation where those duties are lower
than the refund applicable.
Article 168
Export refunds for live animals in the beef and veal sector
With regard to products of the beef and veal sector, the granting and thepayment of the refund for exports of live animals shall be subject tocompliance with the provisions established in Community legislationconcerning animal welfare and, in particular, the protection of animalsduring transport.
Article 169
Export limits
Observance of the volume commitments resulting from the agreementsconcluded in accordance with Article 300 of the Treaty shall be ensuredon the basis of export licences issued for the reference periods whichapply to the products concerned. With regard to compliance with theobligations arising under the WTO Agreement on Agriculture, theending of a reference period shall not affect the validity of exportlicences.
Article 170
Implementing rules
Detailed rules for the application of this Section shall be adopted by the
Commission, in particular:
(a) on the redistribution of exportable quantities which have not been
allocated or utilised;
(b) governing the quality and other specific requirements and conditions
of the products eligible for an export refund;
(c) for monitoring whether operations conferring entitlement to the
payment of refunds and all other amounts in respect of export
transactions have actually been carried out and executed correctly,including physical checks and document scrutiny.
Any necessary amendments to Annex XX shall be made by the
Commission taking into account the criteria referred to in the first
subparagraph of Article 8(2) of Regulation (EC) No 3448/93.
However, the detailed rules for the application of Article 167 for
products referred to in Article 162(1)(b) shall be adopted in accordancewith the procedure referred to in Article 16(2) of Regulation (EC)No 3448/93.
Section III
Export quota management in the milk and milk
products sector
Article 171
Management of tariff quotas opened by third countries
1. With regard to milk and milk products, where an agreement
concluded in accordance with Article 300 of the Treaty provides for▼
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        - 149 -the total or partial management of a tariff quota opened by a third
country, the management method to be applied and detailed rulesrelating to that method shall be adopted by the Commission.
2. The tariff quotas referred to in paragraph 1 shall be administered
in a manner which avoids any discrimination between the operatorsconcerned and which guarantees the full use of the possibilitiesavailable under the quota concerned, by applying one of thefollowing methods or a combination of them or another appropriatemethod:
(a) a method based on the chronological order of the lodging of appli-
cations ( ‘first come, first served’ principle);
(b) a method of distribution in proportion to the quantities requested
when the applications were lodged (using the ‘simultaneous exam-
ination method ’);
(c) a method based on taking traditional trade patterns into account
(using the ‘traditional/new arrival method’ ).
Section IV
Special import treatm ent by third countries
Article 172
Certificates for products benefiting from a special import treatment
in a third country
1. When products are exported which may, in accordance with
agreements concluded by the Community in accordance withArticle 300 of the Treaty, benefit from a special treatment on impor-
tation into a third country if certain conditions are respected, the
competent authorities of the Member States shall, on request and afterappropriate checks, issue a document certifying that the conditions aremet.
2. Detailed rules for the application of this Article shall be adopted
by the Commission.
Section V
Special provisions for live plants
Article 173
Minimum export prices
1. For each of the products of the live plants sector falling within CN
code 0601 10, one or more minimum prices for exports to thirdcountries may be fixed by the Commission each year in good timebefore the marketing season.
Exportation of such products shall be permitted only at a price equal to
or above the minimum price fixed for the product in question.
2. Detailed rules for the application of paragraph 1 shall be adopted
by the Commission having regard to the obligations arising fromagreements concluded in accordance with Article 300(2) of the Treaty.▼
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        - 150 -Section VI
Outward processing
Article 174
Suspension of outward processing arrangements
1.►M10 Where the Community market is disturbed or is liable to
be disturbed by outward processing arrangements, the Commission may,
at the request of a Member State or on its own initiative, fully orpartially suspend the use of outward processing arrangements for theproducts of the cereals, rice, fruit and vegetables, processed fruit andvegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and
poultrymeat sectors. If the Commission receives a request from a
Member State, it shall take a decision thereon within five workingdays following receipt of the request. ◄
The Member States shall be notified of such measures, which shall beimmediately applicable.
Measures decided on by the Commission pursuant to the first subpara-
graph may be referred to the Council by any Member State within fiveworking days of the date on which they were notified. The Councilshall meet without delay. It may, acting by qualified majority, amend orrepeal the measures in question within one month following the date onwhich they were referred to the Council.
2. To the extent necessary for the proper functioning of the CMO,
the use of outward processing arrangements for the products referred toin paragraph 1 may be fully or partially prohibited by the Council,acting in accordance with the procedure laid down in Article 37(2) of
the Treaty.
PART IV
COMPETITION RULES
CHAPTER I
Rules applying to undertakings
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Article 175
Application of Articles 81 to 86 of the Treaty
Save as otherwise provided for in this Regulation, Articles 81 to 86 of
the Treaty and implementation provisions thereof shall, subject toArticles 176 to 177 of this Regulation, apply to all agreements,decisions and practices referred to in Articles 81(1) and 82 of theTreaty which relate to the production of, or trade in, the productscovered by this Regulation.
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B
Article 176
Exceptions
1. Article 81(1) of the Treaty shall not apply to the agreements,decisions and practices referred to in Article 175 of this Regulationwhich are an integral part of a national market organisation or arenecessary for the attainment of the objectives set out in Article 33 ofthe Treaty.▼
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        - 151 -In particular, Article 81(1) of the Treaty shall not apply to agreements,
decisions and practices of farmers, farmers' associations, or associationsof such associations belonging to a single Member State which concernthe production or sale of agricultural products or the use of jointfacilities for the storage, treatment or processing of agriculturalproducts, and under which there is no obligation to charge identicalprices, unless the Commission finds that competition is therebyexcluded or that the objectives of Article 33 of the Treaty are
jeopardised.
2. After consulting the Member States and hearing the undertakings
or associations of undertakings concerned and any other natural or legalperson that it considers appropriate, the Commission shall have solepower, subject to review by the Court of Justice, to determine, by adecision which shall be published, which agreements, decisions andpractices fulfil the conditions specified in paragraph 1.
The Commission shall undertake such determination either on its own
initiative or at the request of a competent authority of a Member Stateor of an interested undertaking or association of undertakings.
3. The publication of the decision referred to in the first subpara-
graph of paragraph 2 shall state the names of the parties and the maincontent of the decision. It shall have regard to the legitimate interest ofundertakings in the protection of their business secrets.
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Article 176a
Agreements and concerted practices in the fruit and vegetables
sector
1. Article 81(1) of the Treaty shall not apply to the agreements,decisions and concerted practices of recognised interbranch organi-sations with the object of carrying out the activities referred to inArticle 123(3)(c) of this Regulation.
2. Paragraph 1 shall apply only provided that:
(a) the agreements, decisions and concerted practices have been notified
to the Commission;
(b) within two months of receipt of all the details required the
Commission has not found that the agreements, decisions or
concerted practices are incompatible with Community rules.
3. The agreements, decisions and concerted practices may not be putinto effect before the lapse of the period referred to in paragraph 2(b).
4. The following agreements, decisions and concerted practices shall
in any case be declared incompatible with Community rules:
(a) agreements, decisions and concerted practices which may lead to the
partitioning of markets in any form within the Community;
(b) agreements, decisions and concerted practices which may affect the
sound operation of the market organisation;
(c) agreements, decisions and concerted practices which may create
distortions of competition which are not essential to achieving the
objectives of the common agricultural policy pursued by the inter-branch organisation activity;
(d) agreements, decisions and concerted practices which entail the
fixing of prices, without prejudice to activities carried out by inter-
branch organisations in the application of specific Community rules;
(e) agreements, decisions and concerted practices which may create
discrimination or eliminate competition in respect of a substantial
proportion of the products in question.▼
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        - 152 -5. If, following expiry of the two-month period referred to in
paragraph 2(b), the Commission finds that the conditions for applyingparagraph 1 have not been met, it shall take a Decision declaring thatArticle 81(1) of the Treaty applies to the agreement, decision orconcerted practice in question.
That Commission Decision shall not apply earlier than the date of its
notification to the interbranch organisation concerned, unless that inter-branch organisation has given incorrect information or abused theexemption provided for in paragraph 1.
6. In the case of multiannual agreements, the notification for the first
year shall be valid for the subsequent years of the agreement. However,in that event, the Commission may, on its own initiative or at therequest of another Member State, issue a finding of incompatibility atany time.
▼
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Article 177
Agreements and concerted practices in the tobacco sector
1. Article 81(1) of the Treaty shall not apply to the agreements andconcerted practices of recognised interbranch organisations in thetobacco sector, intended to implement the aims referred to inArticle 123(c) of this Regulation provided that:
(a) the agreements and concerted practices have been notified to the
Commission;
(b) the Commission, acting within three months of receipt of all the
details required, has not found that those agreements or concerted
practices are incompatible with Community competition rules.
The agreements and concerted practices may not be implemented duringthat three-month period.
2. Agreements and concerted practices shall be declared contrary to
Community competition rules in the following cases where:
(a) they may lead to the partitioning of markets in any form within the
Community;
(b) they may affect the sound operation of the market organisation;
(c) they may create distortions of competition which are not essential to
achieving the objectives of the common agricultural policy pursued
by the interbranch organisation measure;
(d) they entail the fixing of prices or quotas, without prejudice to
measures taken by interbranch organisations in the application ofspecific provisions of Community rules;
(e) they may create discrimination or eliminate competition in respect
of a substantial proportion of the products in question.
3. If, following expiry of the three-month period referred to in point
(b) of paragraph 1, the Commission finds that the conditions forapplying this Chapter have not been met, it shall without the assistanceof the Committee referred to in Article 195(1), take a decision declaringthat Article 81(1) of the Treaty applies to the agreement or concertedpractice in question.
That decision shall not apply earlier than the date of notification to the
interbranch organisation concerned, unless that interbranch organisationhas given incorrect information or misused the exemption provided forin paragraph 1.▼
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        - 153 -Article 178
Binding effect of agreements and concerted practices on non-
members in the tobacco sector
1. Interbranch organisations in the tobacco sector may request that
certain of their agreements or concerted practices be made binding for alimited period on individuals and groups in the economic sectorconcerned which are not members of the trade branches which theyrepresent, in the areas in which the branches operate.
In order for their rules to be extended, interbranch organisations shall
represent at least two thirds of the production and/or the tradeconcerned. Where the proposed extension of the rules is of inter-regional scope, the interbranch organisations shall prove they possessa minimum degree of representativeness, in respect of each of thegrouped branches, in each region covered.
2. The rules for which an extension of scope is requested shall have
been in force for at least one year and shall relate to one of thefollowing objectives:
(a) knowledge of production and the market;(b) definition of minimum qualities;
(c) use of cultivation methods compatible with the protection of the
environment;
(d) definition of minimum standards of packing and presentation;(e) use of certified seed and monitoring of product quality.
3. Extension of the rules shall be subject to approval by the
Commission.
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Article 179
Implementing rules in respect of agreements and concerted
practices in the fruit and vegetables and tobacco sectors
The Commission may adopt the detailed rules for the application ofArticles 176a, 177 and 178, including the rules concerning notificationand publication.
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CHAPTER II
State Aid rules
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Article 180
Application of Articles 87, 88 and 89 of the Treaty
Articles 87, 88 and 89 of the Treaty shall apply to the production of,
and trade in, the products referred to in Article 1.
However, Articles 87, 88 and 89 of the Treaty shall not apply to
payments made under Articles 44 to 48, 102, 102a, 103, 103a, 103b,103e, 103ga, 104, 105, 182 and 182a, Subsection III of Section IVa ofChapter III of Title I of Part II and Section IVb of Chapter IV of Title Iof Part II of this Regulation by Member States in conformity with thisRegulation. Nevertheless, with regard to Article 103n(4) only Article 88of the Treaty shall not apply.▼
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        - 154 -Article 181
Specific provisions for the milk and milk products sector
Subject to Article 87(2) of the Treaty, aids the amount of which is fixed
on the basis of the price or quantity of products listed in Part XVI ofAnnex I of this Regulation shall be prohibited.
National measures permitting equalisation between the prices of
products listed in Part XVI of Annex I of this Regulation shall alsobe prohibited.
Article 182
Specific national provisions
1. Subject to Commission authorisation, aids for the production andmarketing of reindeer and reindeer products (CN ex 0208 and ex 0210)may be granted by Finland and Sweden insofar as they do not entail anyincrease in traditional levels of production.
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2. Subject to Commission authorisation, Finland may grant aid forcertain quantities of seeds, with the exception of Timothy seeds ( Phleum
pratense L.), and for certain quantities of cereal seed produced solely in
Finland up to and including the 2010 harvest.
By 31 December 2008, Finland shall transmit to the Commission a
detailed report on the results of the aid authorised.
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3. Member States which reduce their sugar quota by more than 50 %of the sugar quota fixed on 20 February 2006 in Annex III to Regu-lation (EC) No 318/2006 may grant temporary State aid during theperiod for which the transitional aid for beet growers is being paid inaccordance with Chapter 10f of Title IV of Regulation (EC)No 1782/2003. The Commission shall, on the basis of an applicationby any Member State concerned, decide on the total amount of the Stateaid available for this measure.
For Italy, the temporary aid referred to in the first subparagraph shall
not exceed a total of EUR 11 per marketing year per tonne of sugar beetto be granted to sugar beet growers and for the transport of sugar beet.
Finland may grant aid up to EUR 350 per hectare per marketing year to
sugar beet growers.
The Member States concerned shall inform the Commission within
30 days of the end of each marketing year of the amount of State aidactually granted in that marketing year.
4. Without prejudice to the application of Article 88(1) and of the
first sentence of Article 88(3) of the Treaty, until 31 December 2010,Germany may grant aid in the framework of the German AlcoholMonopoly for products marketed, after further transformation, by theMonopoly, as ethyl alcohol of agricultural origin listed in Annex I to theTreaty. The total amount of this aid shall not exceed EUR 110 millionper year.
Germany shall present before 30 June each year, a report to the
Commission on the functioning of the system.
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5. Member States may continue to pay state aids under any existing
schemes in respect of the production of and trade in potatoes, fresh or
chilled, of CN code 0701 until 31 December 2011.
6. With regard to the fruit and vegetables sector, Member States may
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        - 155 -(a) the state aid is paid only to producers of fruit and vegetables who
are not members of a recognised producer organisation and who
sign a contract with a recognised producer organisation in whichthey accept that they shall apply the crisis prevention andmanagement measures of the producer organisation concerned;
(b) the amount of aid paid to such producers is no more than 75 % of
the Community support received by the members of the producer
organisation concerned; and
(c) the Member State concerned presents a report to the Commission by
31 December 2010 on the effectiveness and efficiency of the stateaid, in particular analysing how much it has supported the organi-
sation of the sector. The Commission will examine the report and
decide whether to make any appropriate proposals.
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7. Member States may grant until 31 March 2014 state aid of a totalannual amount of up to 55 % of the ceiling set out in Article 69(4) and(5) of Regulation (EC) No 73/2009 to farmers in the dairy sector inaddition to Community support granted in accordance withArticle 68(1)(b) of that Regulation. ►
C2However, in no case shall
the total amount of Community support under the measures referred toin Article 69(4) of that Regulation and State aid exceed the ceilingreferred to in Article 69(4) and (5). ◄
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Article 182a
National aid for distillation of wine in cases of crisis
1. From 1 August 2012, Member States may grant national aid towine producers for the voluntary or mandatory distillation of wine injustified cases of crisis.
2. The aid referred to in paragraph 1 shall be proportionate and allow
this crisis to be addressed.
3. The overall amount of aid available in a Member State in any
given year for such aid shall not exceed 15 % of the globally available
funds per Member State laid down in Annex Xb for that year.
4. Member States which wish to make use of the aid referred to in
paragraph 1 shall submit a duly substantiated notification to theCommission. The Commission shall decide whether the measure isapproved and aid may be granted.
5. The alcohol resulting from distillation referred to in paragraph 1
shall be used exclusively for industrial or energy purposes so as toavoid distortion of competition.
6. Detailed rules for the application of this Article may be adopted
by the Commission.
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PART V
SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS
Article 183
Promotional levy in the milk and milk products sector
Without prejudice to the application of Articles 87, 88 and 89 of theTreaty as provided for in Article 180 of this Regulation, a Member Statemay impose a promotional levy on its milk producers in respect ofmarketed quantities of milk or milk equivalent in order to finance themeasures on promoting consumption in the Community, expanding themarkets for milk and milk products and improving quality.▼
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        - 156 -Article 184
Reporting in respect of certain sectors
The Commission shall present a report:
1) to the Council before 30 September 2008 on the dried fodder sector,
on the basis of an evaluation of the provisions contained in this
Regulation, dealing in particular with the development of areas of
leguminous and other green fodder, the production of dried fodder
and the savings of fossil fuels achieved. The report shall be accom-panied, if necessary, by appropriate proposals;
2) every three years and for the first time by 31 December 2010 to the
European Parliament and the Council on the implementation of themeasures concerning the apiculture sector set out in Section VI ofChapter IV of Title I of Part II;
3) before 31 December 2009 to the European Parliament and the
Council on the application of the derogation provided for inArticle 182(4) in respect of the German Alcohol Monopoly,including an evaluation of the aids granted in the framework ofthat Monopoly, together with any appropriate proposals;
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4) to the European Parliament and the Council by 31 December 2013
on the implementation of the provisions set out in Section IVa of
Chapter IV of Title I of Part II and Chapter II of Title II of Part II asregards producer organisations, operational funds and operationalprogrammes in the fruit and vegetables sector;
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5) before 31 August 2012 to the European Parliament and the Council
on the application of the School Fruit Scheme provided for in
Article 103ga, accompanied, if necessary, by appropriate proposals.The report shall in particular address the issues of the extent towhich the scheme has promoted the establishment of well func-tioning School Fruit Schemes in Member States and the impact ofthe Scheme on the improvement of children ’s eating habits;
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6) before 31 December 2010 and 31 December 2012 to the European
Parliament and Council regarding the evolution of the market
situation and the consequent conditions for smoothly phasing outthe milk quota system, accompanied if necessary by appropriateproposals. Furthermore, a report will study the consequences forproducers of cheeses with a protected designation of origin inaccordance with Regulation (EC) No 510/2006;
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7) to the European Parliament and the Council by 31 December 2011
on the implementation of the promotion measures in the wine sector
referred to in Article 103p;
8) by the end of 2012 concerning the wine sector, in particular taking
into account the experience gained with the implementation of thereform.
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Article 185
Registration of contracts in the hops sector
1. Any contract to supply hops produced within the Community
concluded between a producer or producer organisation on the onehand and a buyer on the other shall be registered by the bodiesdesignated for that purpose by each producer Member State concerned.
2. Contracts relating to the supply of specific quantities at agreed
prices for a period covering one or more harvests and concludedbefore 1 August of the year of the first harvest concerned shall be▼
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        - 157 -known as ‘contracts concluded in advance ’. They shall be registered
separately.
3. The data on which registration is based may be used only for the
purposes of this Regulation.
4. The Commission shall lay down the detailed rules concerning the
registration of contracts to supply hops.
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Article 185a
Vineyard register and inventory
1. Member States shall maintain a vineyard register which contains
updated information on the production potential.
2. Member States in which the total area planted with vines of wine
grape varieties classifiable according to Article 120a(2) is less than 500
hectares shall not be subject to the obligation laid down in paragraph 1.
3. Member States, which provide for the measure ‘restructuring and
conversion of vineyards ’in their support programmes in accordance
with Article 103q, shall, on the basis of the vineyard register, submit
to the Commission by 1 March each year an updated inventory of theirproduction potential.
4. Detailed rules concerning the vineyard register and the inventory
shall be adopted by the Commission, in particular with regard to theiruse concerning monitoring and control of the production potential andconcerning the measurement of areas.
Any time after 1 January 2016, the Commission may decide that para-
graphs 1 to 3 no longer apply.
Article 185b
Compulsory declarations in the wine sector
1. Producers of grapes for wine making and producers of must andwine shall declare to the competent national authorities each year thequantities produced from the last harvest.
2. Member States may require merchants of grapes for wine making
to declare each year the quantities marketed from the last harvest.
3. Producers of must and wine, and merchants other than retailers,
shall declare to the competent national authorities each year their stocksof must and wine, whether from the harvest of the current year or fromthe harvest of preceding years. Must and wine imported from thirdcountries shall be stated separately.
4. Detailed rules for the application of this Article may be adopted
by the Commission and may, in particular, include rules on penalties tobe applied in case of non-compliance with the communicationrequirements.
Article 185c
Accompanying documents and register in the wine sector
1. The products of the wine sector shall be put into circulation within
the Community only with an officially authorised accompanyingdocument.
2. Natural or legal persons or groups of persons who hold products
covered by the wine sector in the exercise of their trade, in particularproducers, bottlers and processors, as well as merchants to be▼
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        - 158 -determined by the Commission, shall keep inwards and outwards
registers in respect of those products.
3. Detailed rules for the application of this Article may be adopted
by the Commission.
Article 185d
Designation of responsible national authorities for the wine sector
1. Without prejudice to any other provisions of this Regulation
concerning the determination of competent national authorities,Member States shall designate one or more authorities which shall beresponsible for ensuring compliance with Community rules in the winesector. In particular, Member States shall designate the laboratoriesauthorised to carry out official analyses in the wine sector. Thedesignated laboratories shall meet the general criteria for the operation
of testing laboratories set out in ISO/IEC 17025.
2. Member States shall inform the Commission of the names and
addresses of the authorities and laboratories referred to in paragraph1. The Commission, without the assistance of the Committee referred
to in Article 195(1), shall make this information public.
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Article 186
Disturbances as regards internal market prices
The Commission may take the necessary measures in the case of the
following situations, when those situations are likely to continue,thereby disturbing or threatening to disturb the markets:
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(a) with regard to the products of the sugar, hops, beef and veal, milk
and milk products, sheepmeat and goatmeat sectors, where the
prices on the Community market for any of those products riseor fall significantly;
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(b) with regard to the products of the pigmeat, eggs and poultrymeat
sectors and, with regard to olive oil, where the prices on the
Community market for any of those products rise significantly.
Article 187
Disturbances caused by quotations or prices on the world market
Where, with regard to the products of the cereals, rice, sugar and milk
and milk products sectors, the quotations or prices on the world marketof one or more products reach a level that disrupts or threatens to
disrupt the availability of supply on the Community market and
where that situation is likely to continue or to deteriorate, theCommission may take the necessary measures for the sectorconcerned. It may in particular suspend import duties in whole or inpart for certain quantities.
Article 188
Conditions for measures to be applied in cases of disturbances and
implementing rules
1. The measures provided for in Articles 186 and 187 may beadopted:▼
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        - 159 -(a) provided that any other measures available under this Regulation
appear insufficient;
(b) having regard to the obligations arising from agreements concluded
in accordance with Article 300(2) of the Treaty.
2. Detailed rules for the application of Articles 186 and 187 may be
adopted by the Commission.
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Article 188a
Reporting and evaluation in the wine sector
1. As concerns unlawful plantings planted after 31 August 1998,
referred to in Article 85a, Member States shall communicate to theCommission by 1 March each year the areas which were planted withvines without a corresponding planting right after 31 August 1998, aswell as the areas grubbed up in accordance with paragraph 1 of thatArticle.
2. As concerns the obligatory regularisation of unlawful plantings
planted before 1 September 1998 referred to in Article 85b, MemberStates shall communicate to the Commission by 1 March of each of therelevant years:
(a) the areas planted with vines without a corresponding planting right
before 1 September 1998;
(b) the areas regularised in accordance with paragraph 1 of that Article,
the fees as provided for in that paragraph as well as the average
value of the regional planting rights as provided for in paragraph 2of that Article.
Member States shall, for the first time by 1 March 2010, communicate
to the Commission the areas grubbed up in accordance with the first
subparagraph of Article 85b(4).
The end of the transitional ban on new plantings on 31 December 2015
as provided for in Article 85g(1), shall not affect the obligationsprovided for in this paragraph.
3. As concerns aid applications in the context of the grubbing-up
scheme set up in Subsection III of Section IVa of Chapter III of TitleI of Part II, Member States shall notify the Commission by 1 Marcheach year of the applications accepted, split by regions and by yieldranges, and the total amount of grubbing-up premiums paid by region.
For the preceding wine year, Member States shall notify the
Commission by 1 December each year of:
(a) the areas grubbed up, split by regions and by yield ranges;(b) the total amount of grubbing-up premiums paid by region.
4. As concerns exemptions from the eligibility for the participation in
the grubbing-up scheme in accordance with Article 85u, Member Statesdeciding to make use of the possibility provided for in paragraphs 4 to 6of that Article shall communicate to the Commission by 1 August eachyear, concerning the grubbing-up measure to be implemented:
(a) the areas declared ineligible;(b) the justification for ineligibility in accordance with Article 85u(4)
and (5).
5. Member States shall submit to the Commission by 1 March each
year, and for the first time by 1 March 2010, a report on the imple-mentation of the measures provided for in their support programmesreferred to in Section IVb of Chapter IV of Title I of Part II during theprevious financial year.▼
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        - 160 -Those reports shall list and describe the measures for which Community
assistance under the support programmes was granted and shall, inparticular, provide details on the implementation of the promotionmeasures referred to in Article 103p.
6. Member States shall, by 1 March 2011 and, a second time, by
1 March 2014, submit to the Commission an evaluation of the costs andbenefits of the support programmes as well as an indication of how toincrease their efficiency.
7. Detailed rules for the application of this Article shall be adopted
by the Commission.
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Article 189
Communications in the ethyl alcohol sector
1. As regards the products of the ethyl alcohol sector, the Member
States shall communicate to the Commission the following information:
(a) the production of ethyl alcohol of agricultural origin expressed as
hectolitres of pure alcohol, broken down by alcohol-producing
product used;
(b) the volume of ethyl alcohol of agricultural origin disposed of,
expressed as hectolitres of pure alcohol, broken down by sector
of destination;
(c) the stocks of ethyl alcohol of agricultural origin available in the
Member State at the end of the previous year;
(d) forecast production for the current year.
Rules for communicating this information and, in particular, the
frequency of communication and the definition of the sectors of desti-
nation shall be adopted by the Commission.
2. On the basis of the information referred to in paragraph 1 and of
any other information available, the Commission without the assistanceof the Committee referred to in Article 195(1), shall draw up aCommunity balance for the market in ethyl alcohol of agriculturalorigin for the previous year and an estimated balance for the currentyear.
The Community balance shall also contain information on ethyl alcohol
of non-agricultural origin. The precise content and means of collectingsuch information shall be laid down by the Commission.
For the purposes of this paragraph, ‘ethyl alcohol of non-agricultural
origin ’shall mean products falling within CN codes 2207, 2208 90 91
and 2208 90 99 not obtained from a specific agricultural product listed
in Annex I to the Treaty.
3. The Commission shall notify the Member States of the balances
referred to in paragraph 2.
PART VI
GENERAL PROVISIONS
Article 190
Financial provisions
Regulation (EC) No 1290/2005 and the provisions adopted for the
implementation thereof shall apply to the expenditure incurred by theMember States in carrying out obligations under this Regulation.▼
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        - 161 -Article 190a
Transfer of amounts available in the wine sector to rural
development
1. The amounts fixed in paragraph 2, based on historical expenditure
under Regulation (EC) No 1493/1999 for intervention measures toregulate agricultural markets as referred to in Article 3(1)(b) of Regu-lation (EC) No 1290/2005, shall be available as additional Communityfunds for measures in wine-producing regions under the rural devel-opment programming financed under Regulation (EC) No 1698/2005.
2. The following amounts shall be available in the given calendar
years:
—2009: EUR 40 660 000,
—2010: EUR 82 110 000,
—from 2011 onwards: EUR 122 610 000.
3. The amounts set in paragraph 2 shall be allocated among Member
States in accordance with Annex Xc.
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Article 191
Emergency
The Commission shall adopt the measures which are both necessary and
justifiable in an emergency, in order to resolve specific practicalproblems.
Such measures may derogate from provisions of this Regulation, but
only to the extent that, and for such a period, as is strictly necessary.
Article 192
Exchange of information between the Member States and the
Commission
1. Member States and the Commission shall provide each other withany information necessary for the application of this Regulation or formarket monitoring and analysis and for complying with the internationalobligations concerning the products referred to in Article 1.
2. The Commission shall adopt detailed rules to determine what
information is necessary for the application of paragraph 1, as well as
those on its form, content, timing and deadlines and on arrangements fortransmitting or making available information and documents.
Article 193
Circumvention clause
Without prejudice to any specific provisions, no advantage provided forunder this Regulation shall be granted in favour of a natural or legalperson in respect of whom it is established that the conditions requiredfor obtaining such advantages were created artificially, contrary to theobjectives of this Regulation.
Article 194
Controls and administrative measures and administrative penalties
and their reporting
The Commission shall determine:▼
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        - 162 -(a) the rules concerning administrative and physical controls to be
conducted by the Member States with regard to the respect of
obligations resulting from the application of this Regulation;
(b) a system for the application of administrative measures and admin-
istrative penalties where non-compliance with any of the obligations
resulting from the application of this Regulation is found;
(c) the rules regarding the recovery of undue payments resulting from
the application of this Regulation;
(d) the rules on the reporting of the controls carried out and their
results.
The administrative penalties referred to in point (b) shall be graduated
according to the severity, extent, permanence and repetition of the non-
compliance found.
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The Commission may also determine the rules on the measurement of
areas in the wine sector ensuring uniform application of Communityprovisions as laid down in this Regulation. Such rules may, inparticular, relate to controls and rules governing the specific financialprocedures for the improvement of controls.
Article 194a
Compatibility with the integrated administration and control system
For the purposes of applying this Regulation in the wine sector,
Member States shall ensure that the administration and controlprocedures, referred to in the first and the third paragraph ofArticle 194, which relate to areas, are compatible with the integratedadministration control system (IACS) as regards the following elements:
(a) the computerised database;
(b) the identification systems for agricultural parcels referred to in
Article 20(1) of Regulation (EC) No 1782/2003;
(c) the administrative checks.
The procedures shall allow, without any problems or conflicts, a
common functioning or the exchange of data with the IACS.
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PART VII
IMPLEMENTING, TRANSITIONAL AND FINAL RULES
CHAPTER I
Implementing provisions
Article 195
Committee
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1. The Commission shall be assisted by the Management Committeefor the Common Organisation of Agricultural Markets (hereinafterreferred to as the Management Committee).
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2. Where reference is made to this paragraph, Articles 4 and 7 ofDecision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at one month.▼
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        - 163 -3. The Commission shall also be assisted by a Regulatory
Committee.
4. Where reference is made to this paragraph, Articles 5 and 7 of
Decision 1999/468/EC shall apply.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
Article 196
Organisation of the Management Committee
The organisation of the meetings of the Management Committee
referred to in Article 195(1) shall take into account, in particular, thescope of its responsibilities, the specificities of the subject to be dealtwith, and the need to involve appropriate expertise.
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CHAPTER II
Transitional and final provisions
Article 197
Amendments to Regulation (EC) No 1493/1999
Articles 74 to 76 of Regulation (EC) No 1493/1999 shall be deleted.
Article 198
Amendments to Regulation (EC) No 2200/96
Articles 46 and 47 of Regulation (EC) No 2200/96 shall be deleted.
Article 199
Amendments to Regulation (EC) No 2201/96
Articles 29 and 30 of Regulation (EC) No 2201/96 shall be deleted.
Article 200
Amendments to Regulation (EC) No 1184/2006
Regulation (EC) No 1184/2006 shall be amended as follows:
1. The title shall be replaced by the following:
‘Council Regulation (EC) No 1184/2006 of 24 July 2006 applying
certain rules of competition to the production of and trade in certain
agricultural products ’;
2. Article 1 shall be replaced by the following:
‘Article 1
This Regulation shall lay down the rules to be applied as regards theapplicability of Articles 81 to 86 and certain provisions of Article 88of the Treaty in relation to production of, or trade in, the products▼
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        - 164 -listed in Annex I to the Treaty with the exception of the products
referred to in points (a) to (h), point (k) and points (m) to (u) ofArticle 1(1) and in Article 1(3) of Council Regulation (EC)No 1234/2007 (
1).
Article 1a
Articles 81 to 86 of the Treaty and provisions made for their imple-
mentation shall, subject to Article 2 of this Regulation, apply to allagreements, decisions and practices referred to in Articles 81(1) and82 of the Treaty which relate to the production of, or trade in, theproducts referred to in Article 1.
3. The first subparagraph of Article 2(1) shall be replaced by the
following:
‘1. Article 81(1) of the Treaty shall not apply to those agreements,
decisions and practices referred to in Article 1a of this Regulation
which form an integral part of a national market organisation or arenecessary for attainment of the objectives set out in Article 33 of theTreaty. ’;
4. Article 3 shall be replaced by the following:
‘Article 3
Article 88(1) and of the first sentence of Article 88(3) of the Treaty
shall apply to aid granted for the production of, or trade in, theproducts referred to in Article 1. ’.
Article 201
Repeals
1. Subject to paragraph 3, the following Regulations shall berepealed:
(a) Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC)
No 2517/69, (EEC) No 2728/75, (EEC) No 1055/77, (EEC)
No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC)No 4088/87, (EEC) No 404/93, (EC) No 670/2003 and (EC)No 797/2004, as from 1 January 2008;
(b) Regulations (EEC) No 707/76, (EC) No 1786/2003, (EC)
No 1788/2003 and (EC) No 1544/2006 as from 1 April 2008;
(c) Regulations (EEC) No 315/68, (EEC) No 316/68, (EEC)
No 2729/75, (EEC) No 2759/75, (EEC) No 2763/75, (EEC)No 2771/75, (EEC) No 2777/75, (EEC) No 2782/75, (EEC)No 1898/87, (EEC) No 1906/90, (EEC) No 2204/90, (EEC)No 2075/92, (EEC) No 2077/92, (EEC) No 2991/94, (EC)No 2597/97, (EC) No 1254/1999, (EC) No 1255/1999, (EC)No 2250/1999, (EC) No 1673/2000, (EC) No 2529/2001, (EC)
No 1784/2003, (EC) No 865/2004 and (EC) No 1947/2005 (EC)
No 1952/2005 and (EC) No 1028/2006, as from 1 July 2008;
(d) Regulation (EC) No 1785/2003 as from 1 September 2008;
(e) Regulation (EC) No 318/2006 as from 1 October 2008;(f) Regulations (EEC) No 3220/84, (EEC) No 386/90, (EEC)
No 1186/90, (EEC) No 2137/92, and (EC) No 1183/2006 as from
1 January 2009.
2. Decision 74/583/EEC shall be repealed as from 1 January 2008.▼
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        - 165 -3. The repeal of the Regulations referred to in paragraph 1 shall be
without prejudice to:
(a) the maintenance in force of Community acts adopted on the basis of
those Regulations; and
(b) the continuing validity of amendments made by those Regulations
to other acts of Community law that are not repealed by this Regu-
lation.
Article 202
Construction of references
References to the provisions and Regulations which are amended or
repealed by Articles 197 to 201 shall be construed as references to
this Regulation and shall be read in accordance with the correlationtables set out in Annex XXII.
Article 203
Transitional rules
The Commission may adopt the measures required to facilitate the
transition from the arrangements provided for in the Regulationswhich are amended or repealed by Articles 197 to 201 to those estab-lished by this Regulation.
▼
M3
Article 203a
Transitional rules in the fruit and vegetables and the processed fruit
and vegetables sectors
1. The aid schemes set out in Regulations (EC) No 2201/96 and (EC)No 2202/96 of 28 October 1996 introducing a Community aid schemefor producers of certain citrus fruit (
1) and abolished by Regulation (EC)
No 1182/2007 shall remain applicable in respect of each of the productsconcerned for the marketing year for that product ending in 2008.
2. Producer organisations and associations of producer organisations
already recognised under Regulation (EC) No 2200/96 before the dateof entry into force of this Regulation shall continue to be recognisedunder this Regulation. Where necessary, they shall make adaptations tothe requirements of this Regulation by 31 December 2010.
Producer organisations and associations of producer organisations
already recognised under Regulation (EC) No 1182/2007 shall
continue to be recognised under this Regulation.
3. At the request of a producer organisation, an operational
programme approved under Regulation (EC) No 2200/96 before thedate of application of Regulation (EC) No 1182/2007:
(a) may continue to run until its end; or
(b) be modified to meet the requirements of this Regulation; or
(c) be replaced by a new operational programme approved under this
Regulation.
Article 103d(3)(e) and (f) shall apply to operational programmes
submitted in 2007 but not yet approved at the date of application ofthis Regulation which otherwise meet the criteria of those points.▼
B2007R1234 —EN—01.05.2010 —006.001 —164
(1) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by Commission
Regulation (EC) No 1933/2001 (OJ L 262, 2.10.2001, p. 6).;
IP/N/1/EU/G/1 
        - 166 -4. Producer groups which were granted preliminary recognition under
Regulation (EC) No 2200/96 shall continue to benefit from that preli-minary recognition under this Regulation. Recognition plans acceptedunder Regulation (EC) No 2200/96 shall continue to benefit from thatacceptance under this Regulation. However the plans shall be modified,if necessary, so as to permit the producer group to be able to meet thecriteria for recognition as a producer organisation laid down inArticle 125b of this Regulation. As concerns such producer groups in
Member States which acceded to the European Union on 1 May 2004
or thereafter, the aid rates set out in Article 103a(3)(a) shall apply torecognition plans from the date of application of this Regulation.
5. The contracts referred to in Article 3(2) of Regulation (EC)
No 2202/96 covering more than one marketing year of the aidscheme for processing citrus fruits which relate to the marketing yearbeginning on 1 October 2008 or to subsequent marketing years may,with the agreement of both parties, be amended or terminated to takeinto account the repeal of that Regulation by Regulation (EC)No 1182/2007 and the consequential abolition of the aid. No penaltiesshall be applied under that Regulation or its implementing rules to theparties concerned as a result of such an amendment or termination.
6. Where a Member State makes use of the transitional arrangement
under Article 68b or Article 143bc of Regulation (EC) No 1782/2003,the rules adopted pursuant to Article 6 of Regulation (EC) No 2201/96or Article 6 of Regulation (EC) No 2202/96 on the minimum character-istics of the raw material supplied for processing and minimum qualityrequirements for finished products shall remain applicable in respect ofthe raw materials harvested in its territory.
7. Until new marketing standards are adopted in respect of fruit and
vegetables and processed fruit and vegetables in accordance with
Articles 113 and 113a, the marketing standards drawn up pursuant to
Regulations (EC) No 2200/96 and (EC) No 2201/96 shall continue toapply.
8. The Commission may adopt the measures required to facilitate the
transition from the arrangements provided for in Regulations (EC)No 2200/96, (EC) No 2201/96, (EC) No 2202/96 and (EC)No 1182/2007 to those laid down in this Regulation including thoseprovided for in paragraphs 1 to 7 of this Article.
▼
M10
Article 203b
Transitional rules in the wine sector
The Commission may adopt the measures required to facilitate the
transition from the arrangements provided for in Regulations (EC) No1493/1999 and (EC) No 479/2008 to those laid down in this Regulation.
▼
B
Article 204
Entry into force
1. This Regulation shall enter into force on the seventh day followingits publication in the Official Journal of the European Union .
2. It shall apply from 1 January 2008.
However, it shall apply:(a) as regards the cereals, seeds, hops, olive oil and table olives, flax
and hemp, raw tobacco, beef and veal, pigmeat, sheepmeat and
goatmeat, eggs and poultrymeat sectors, from 1 July 2008;
(b) as regards the rice sector, from 1 September 2008;▼
M32007R1234 —EN—01.05.2010 —006.001 —165
IP/N/1/EU/G/1 
        - 167 -(c) as regards the sugar sector, from 1 October 2008 with the exception
of Article 59 which shall apply as from 1 January 2008;
(d) as regards the dried fodder and the silkworm sectors, from 1 April
2008;
(e) as regards the wine sector as well as Article 197, from 1 August
2008;
(f) as regards the milk and milk products sector, with the exception of
the provisions set out in Chapter III of Title I of Part II, from 1 July
2008;
(g) as regards the system of milk production limitation established in
Chapter III of Title I of Part II, from 1 April 2008;
(h) as regards the Community scales for carcass classification referred
to in Article 42(1), from 1 January 2009.
Articles 27, 39 and 172 shall apply from 1 January 2008 and
Articles 149 to 152 from 1 July 2008 for all the products concerned.
3. As regards the sugar sector, Title I of Part II shall apply until the
end of the marketing year 2014/2015 for sugar.
4. The provisions related to the system of milk production limitation
established in Chapter III of Title I of Part II shall, in accordance withArticle 66, apply until 31 March 2015.
▼
M7
5. As regards potato starch, Section IIIa of Chapter III of Title I ofPart II shall apply until the end of the 2011/2012 marketing year forpotato starch.
▼
B
This Regulation shall be binding in its entirety and directly applicable in
all Member States.▼B2007R1234 —EN—01.05.2010 —006.001 —166
IP/N/1/EU/G/1 
        - 168 -ANNEX I
LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1)
Part I: Cereals
As regards cereals, this Regulation shall cover the products listed in the
following table:
CN code Description
(a) 0709 90 60 Sweetcorn, fresh or chilled
0712 90 19 Dried sweetcorn, whole, cut, sliced, broken or in
powder, but not further prepared, other than hybridfor sowing
1001 90 91 Common wheat and meslin seed
1001 90 99 Spelt, common wheat and meslin other than for
sowing
1002 00 00 Rye1003 00 Barley
1004 00 Oats
1005 10 90 Maize (corn) seed other than hybrid1005 90 00 Maize other than seed1007 00 90 Grain sorghum, other than hybrids for sowing1008 Buckwheat, millet and canary seed; other cereals
(b) 1001 10 Durum wheat(c) 1101 00 00 Wheat or meslin flour
1102 10 00 Rye flour1103 11 Groats and meal of wheat1107 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 ofpellets; 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 exceptionof 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)▼B2007R1234 —EN—01.05.2010 —006.001 —167
IP/N/1/EU/G/1 
        - 169 -CN code Description
ex 1104 Cereal grains otherwise worked (for example,
hulled, rolled, flaked, pearled, sliced or kibbled),
except rice of heading 1006 and flaked rice ofsubheading 1104 19 91; germ of cereals, whole,rolled, flaked or ground
1106 20 Flour, meal and powder of sago or of roots or
tubers of heading 0714
ex 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 dried1702 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 containingfructose or containing in the dry state less than20 % by weight of fructose:
––Other:
––– Other:
▼M9
ex 1702 30 50 –––– Other: 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 lessthan 99 % by weight of glucose
▼B
ex 1702 40 –Glucose and glucose syrup, containing in thedry 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 sugarand sugar syrup blends containing in the drystate 50 % by weight of fructose:
1702 90 50 ––Maltodextrine and maltodextrine syrup
––Caramel:
––– Other:
1702 90 75 –––– In the form of powder, whether or notagglomerated
1702 90 79 –––– Other
2106 Food preparations not elsewhere specified or
included:▼B2007R1234 —EN—01.05.2010 —006.001 —168
IP/N/1/EU/G/1 
        - 170 -CN code Description
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 theextraction of vegetables fats or oils, other thanthose of headings 2304 and 2305:
–Other
2306 90 05 ––Of maize (corn) germ
ex 2308 Vegetable materials and vegetable waste, vegetable
residues and by-products, whether or not in theform of pellets, of a kind used in animal feeding,not elsewhere specified or included:
2308 00 40 –Acorns and horse-chestnuts; pomace or marc offruit, other than grapes
2309 Preparations of a kind used in animal feeding:
ex 2309 10 –Dog or cat food, put up for retail sale:
2309 10 11
2309 10 13
2309 10 312309 10 332309 10 51
2309 10 53►
M9–– Containing starch, glucose, glucosesyrup, maltodextrine or malto-
dextrine syrup of subheadings1702 30 50, 1702 30 90, 1702 40 90,1702 90 50 and 2106 90 55 or milk
products◄
ex 2309 90 ►
M9 Other:◄
2309 90 20 ►M9–Products referred to in additional note
5 to chapter 23 of the Combined
Nomenclature ◄
►M9–Other, including premixes: ◄
2309 90 31
2309 90 332309 90 41
2309 90 43
2309 90 512309 90 53►
M9–– Containing starch, glucose, glucosesyrup, maltodextrine or malto-dextrine syrup of subheadings
1702 30 50, 1702 30 90, 1702 40 90,
1702 90 50 and 2106 90 55 or milkproducts◄
(1) For the purposes of this subheading ‘milk products ’means products falling within
headings 0401 to 0406 as well as subheadings 1702 11, 1702 19 and 2106 90 51.▼B2007R1234 —EN—01.05.2010 —006.001 —169
IP/N/1/EU/G/1 
        - 171 -Part II: Rice
As regards rice, this Regulation shall cover the products listed in the following
table:
CN code Description
(a) 1006 10 21 to
1006 10 98Rice in the husk (paddy or rough), other than for
sowing
1006 20 Husked (brown) rice
1006 30 Semi-milled or wholly milled rice, whether or not
polished or glazed
(b) 1006 40 00 Broken rice(c) 1102 90 50 Rice flour
1103 19 50 Rice groats and meal1103 20 50 Pellets of rice
1104 19 91 Flaked grains of rice
ex 1104 19 99 Rolled grains of rice
1108 19 10 Rice starch
Part III: Sugar
As regards sugar, this Regulation shall cover the products listed in the following
table:
CN code Description
(a) 1212 91 Sugar beet
1212 99 20 Sugar cane
(b) 1701 Cane or beet sugar and chemically pure sucrose, in
solid form
(c) 1702 20 Maple sugar and maple syrup
►M9 1702 60 95 and
1702 90 95 ◄Other sugars in solid form and sugar syrups, notcontaining added flavouring or colouring matter,but not including lactose, glucose, maltodextrineand isoglucose
▼M9__________
▼B
1702 90 71 Caramel containing 50 % or more by weight of
sucrose in the dry matter
2106 90 59 Flavoured or coloured sugar syrups, other than
isoglucose, lactose, glucose and maltodextrine
syrups
(d) 1702 30 10
1702 40 10
1702 60 101702 90 30Isoglucose
(e) 1702 60 80
1702 90 80Inulin syrup
(f) 1703 Molasses resulting from the extraction or refining
of sugar
(g) 2106 90 30 Flavoured or coloured isoglucose syrups
(h) 2303 20 Beet pulp, bagasse and other waste of sugar manu-
facture▼B2007R1234 —EN—01.05.2010 —006.001 —170
IP/N/1/EU/G/1 
        - 172 -Part IV: Dried fodder
As regards dried fodder, this Regulation 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 driedand ground
ex 1214 90 90 –Lucerne, sainfoin, clover, lupins, vetches andsimilar 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 99 –Protein concentrates obtained from lucernejuice and grass juice
–Dehydrated products obtained exclusivelyfrom solid residues and juice resulting from
preparation of the abovementioned concen-
trates
Part V: Seeds
As regards seeds, this Regulation shall cover the products listed in the followingtable
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
orVigna radiata (L.) Wilczek:
–for sowing
ex 0713 32 00 Small red (Adzuki) beans ( Phaseolus orVigna
angularis ):
–for sowing
0713 33 10 Kidney beans, including white pea beans
(Phaseolus vulgaris ):
–for sowing
ex 0713 39 00 Other beans:
–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):
–for sowing
ex 0713 90 00 Other dried leguminous vegetables:
–for sowing▼B2007R1234 —EN—01.05.2010 —006.001 —171
IP/N/1/EU/G/1 
        - 173 -CN code Description
1001 90 10 Spelt:
–for sowing
ex 1005 10 Hybrid maize (corn) seed
1006 10 10 Rice in the husk (paddy or rough):
–for sowing
1007 00 10 Grain sorghum hybrids:
–for sowing
1201 00 10 Soya beans, whether or not broken:
–for sowing
1202 10 10 Groundnuts, not roasted or otherwise cooked, in
shell:
–for sowing
1204 00 10 Linseed, whether or not broken:
–for sowing
1205 10 10 and
ex 1205 90 00Rape or colza seeds, whether or not broken, for
sowing
–Other
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
1. As regards hops, this Regulation 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
2. The rules of this Regulation on marketing and trade with third countries
shall also apply to the following products:
CN code Description
1302 13 00 Vegetable saps and extracts of hops
Part VII: Olive oil and table olives
As regards olive oil and table olives, this Regulation 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 chemicallymodified, including blends of these oils orfractions with oils or fractions of heading 1509▼B2007R1234 —EN—01.05.2010 —006.001 —172
IP/N/1/EU/G/1 
        - 174 -CN code Description
(b) 0709 90 31 Olives, fresh or chilled, for uses other than the
production of oil
0709 90 39 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 inthat 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 Olives prepared or preserved otherwise than by
vinegar or acetic acid, not frozen
(c) 1522 00 31
1522 00 39Residues resulting from the treatment of fatty
substances or animal or vegetable waxes
containing oil having the characteristics of oliveoil
2306 90 112306 90 19Oil-cake and other residues resulting from theextractions of olive oil
Part VIII: Flax and hemp grown for fibre
As regards flax and hemp grown for fibre, this Regulation 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
As regards fruit and vegetables, this Regulation 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▼B2007R1234 —EN—01.05.2010 —006.001 —173
IP/N/1/EU/G/1 
        - 175 -CN code Description
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 90 31, 0709 90 39and 0709 90 60
ex 0802 Other nuts, fresh or dried, whether or not shelled
or peeled, excluding areca (or betel) and cola
nuts falling within subheading 0802 90 20
0803 00 11 Fresh plantains
ex 0803 00 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 pawpaws
(papayas), fresh
0808 Apples, pears and quinces, fresh
0809 Apricots, cherries, peaches (including
nectarines), plums and sloes, fresh
0810 Other fruit, fresh
0813 50 31
0813 50 39Mixtures exclusively of dried nuts ofheadings 0801 and 0802
0910 20 Saffron
ex 0910 99 Thyme, fresh or chilled
ex 1211 90 85 Basil, melissa, mint, origanum vulgare (oregano/
wild marjoram), rosemary, sage, fresh or chilled
1212 99 30 Locust (or carob) beans
Part X: Processed fruit and vegetable products
As regards processed fruit and vegetable products, this Regulation 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 sulphurwater or in other preservative solutions), butunsuitable 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 ofsubheading 0711 90 30▼B2007R1234 —EN—01.05.2010 —006.001 —174
IP/N/1/EU/G/1 
        - 176 -CN Code Description
ex 0712 Dried vegetables, whole, cut, sliced, broken or in
powder, but not further prepared, excludingpotatoes dehydrated by artificial heat-drying and
unfit for human consumption falling within
subheading ex 0712 90 05, sweetcorn fallingwithin the subheadings ex 0712 90 11 and0712 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, excludingfrozen bananas falling within subheading
ex 0811 90 95
ex 0812 Fruit and nuts, provisionally preserved (forexample by sulphur dioxide gas, in brine, in
sulphur water or in other preservative solutions),but unsuitable in that state for immediateconsumption, 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 thischapter excluding mixtures exclusively of nuts ofheadings 0801 and 0802 falling within
subheadings 0813 50 31 and 0813 50 39
0814 00 00 Peel of citrus fruit or melons (including water-
melons), fresh, frozen, dried or provisionally
preserved in brine, in sulphur water or in otherpreservative solutions
0904 20 10 Dried sweet peppers, neither crushed nor ground
(b) ex 0811 Fruit and nuts, uncooked or cooked by steaming or
boiling in water, frozen, containing added sugar orother sweetening matter
ex 1302 20 Pectic substances and pectinates
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 )o f
subheading 2001 90 30
—yams, sweet potatoes and similar edible partsof plants containing 5 % or more by weight of
starch of subheading 2001 90 40
—palm hearts of subheading 2001 90 60
—olives of subheading 2001 90 65
—vine leaves, hop shoots and other similaredible parts of plants falling within
subheading ►
M9 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▼B2007R1234 —EN—01.05.2010 —006.001 —175
IP/N/1/EU/G/1 
        - 177 -CN Code Description
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
ex 2004 90 10, olives of subheadingex 2004 90 30 and potatoes prepared or preservedin the form of flour, meal or flakes of subheading2004 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 ofsubheading 2005 70, 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 andpotatoes prepared or preserved in the form of
flour, meal or flakes of subheading 2005 20 10
ex 2006 00 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, being cooked preparations,whether or not containing added sugar or other
sweetening matter, excluding:
—homogenised preparations of bananas ofsubheading ex 2007 10
—jams, jellies, marmalades, purée or
pastes of bananas of subheadings
ex 2007 99 39, ►
M9 ex 2007 99 50 ◄und
►M9 ex 2007 99 97 ◄
ex 2008 Fruit, nuts and other edible parts of plants,
otherwise prepared or preserved, whether or notcontaining added sugar or other sweeteningmatter or spirit, not elsewhere specified orincluded, 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 partsof plants, containing 5 % or more by weight
of starch of subheading 2008 99 91
—vine leaves, hop shoots and other similaredible parts of plants falling within
subheading ex 2008 99 99
—mixtures of banana otherwise prepared or
preserved of subheadings ex 2008 92 59,ex 2008 92 78, ex 2008 92 93 and
ex 2008 92 98
—bananas otherwise prepared or preserved of
subheadings ex 2008 99 49, ex 2008 99 67and ex 2008 99 99
ex 2009 Fruit juices (excluding grape juice and grape must
of subheadings 2009 61 and 2009 69 and bananajuice of subheading ex 2009 80) and vegetablejuices, unfermented and not containing added
spirit, whether or not containing added sugar or
other sweetening matter
Part XI: Bananas
As regards bananas, this Regulation shall cover the products listed in thefollowing table:
CN codes Description
0803 00 19 Fresh bananas, excluding plantains▼B2007R1234 —EN—01.05.2010 —006.001 —176
IP/N/1/EU/G/1 
        - 178 -CN codes Description
ex 0803 00 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 in sugar
ex 2007 10 99 Homogenised preparations of bananas
ex 2007 99 39
►M9 ex 2007 99 50 ◄
►M9 ex 2007 99 97 ◄Jams, jellies, marmalades, purées and pastes ofbananas
ex 2008 92 59ex 2008 92 78ex 2008 92 93
ex 2008 92 98Mixtures containing bananas otherwise prepared
or preserved, not containing added spirit
ex 2008 99 49ex 2008 99 67
ex 2008 99 99Bananas otherwise prepared or preserved
ex 2009 80 35
ex 2009 80 38
ex 2009 80 79
ex 2009 80 86ex 2009 80 89ex 2009 80 99Banana juice
Part XII: Wine
As regards wine, this Regulation shall cover the products listed in the followingtable:
CN code Description
(a) 2009 61
2009 69Grape juice (including grape must)
2204 30 92
2204 30 94
2204 30 962204 30 98Other grape musts, other than those in fermen-
tation or with fermentation arrested otherwise
than by the addition of alcohol
(b) ex 2204 Wine of fresh grapes, including fortified wines;
grape must other than that of heading 2009,excluding other grape must of subheadings2204 30 92, 2204 30 94, 2204 30 96 and
2204 30 98
(c) 0806 10 90 Fresh grapes other than table grapes
2209 00 112209 00 19Wine vinegar
(d) 2206 00 10 Piquette
2307 00 11
2307 00 19Wine lees
2308 00 11
2308 00 19Grape marc
Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers
and ornamental foliage
As regards live trees and other plants, bulbs, roots and the like, cut flowers andornamental foliage, this Regulation shall cover all the products falling within
Chapter 6 of the Combined Nomenclature.▼B2007R1234 —EN—01.05.2010 —006.001 —177
IP/N/1/EU/G/1 
        - 179 -Part XIV: Raw tobacco
As regards raw tobacco, this Regulation shall cover raw or non-manufactured
tobacco and tobacco refuse falling within heading 2401 of the Combined Nomen-
clature.
Part XV: Beef and veal
As regards beef and veal, this Regulation shall cover the products listed in thefollowing table:
CN code Description
(a) 0102 90 05 to
0102 90 79Live animals of the domestic bovine species, other
than pure-bred breeding animals
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, frozen0210 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 offal1602 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 10 Live bovine pure-bred breeding animals
►
M9 0206 10 98 ◄ Edible offal of bovine animals excluding thick
skirt and thin skirt, fresh or chilled, other thanfor the manufacture of pharmaceutical products
0206 21 000206 22 00
0206 29 99Edible offal of bovine animals excluding thick
skirt and thin skirt, frozen, other than for the
manufacture of pharmaceutical products
0210 99 59 Edible meat offal of bovine animals, salted, in
brine, dried or smoked, other than thick skirt and
thin skirt
ex 1502 00 90 Fats of bovine animals other than those of heading
1503
►
M9 1602 50 31
1602 50 95 ◄Other prepared or preserved meat or meat offal, of
bovine animals, other than uncooked meat or meat
offal and mixtures of cooked meat or offal anduncooked meat or offal
1602 90 69 Other prepared or preserved meat containing
bovine meat or offal other than uncooked, andmixtures of cooked meat or offal and uncooked
meat or offal.▼B2007R1234 —EN—01.05.2010 —006.001 —178
IP/N/1/EU/G/1 
        - 180 -Part XVI: Milk and milk products
As regards milk and milk products, this Regulation 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 0403 10 39
0403 90 11
to 0403 90 69Buttermilk, curdled milk and cream, yogurt, kephir
and other fermented or acidified milk and cream,
whether or not concentrated or containing added
sugar or other sweetening matter not flavoured norcontaining added fruit, nuts or cocoa
(d) 0404 Whey, whether or not concentrated or containing
added sugar or other sweetening matter; productsconsisting 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 byweight less than 99 % lactose, expressed asanhydrous 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:
–Preparations and feedingstuffs containing
products to which this Regulation applies,
directly or by virtue of Regulation (EC)No 1667/2006, except preparations andfeedingstuffs falling under Part I of this
Annex.
Part XVII: Pigmeat
As regards pigmeat, this Regulation shall cover the products listed in thefollowing 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
ex 0209 00 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 00 111501 00 19Pig fat (including lard)▼B2007R1234 —EN—01.05.2010 —006.001 —179
IP/N/1/EU/G/1 
        - 181 -CN code Description
(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
1602 42 10
1602 49 11 to1602 49 50Other preparations and preserves containing meat
or offal of domestic swine
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
As regards sheepmeat and goatmeat, this Regulation shall cover the productslisted 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 pharmaceutical
products
0206 90 99 Edible offal of sheep and goats, frozen, other than
for the manufacture of pharmaceutical products
0210 99 60 Edible offal of sheep and goats, salted, in brine,
dried or smoked
ex 1502 00 90 Fats of sheep or goats, other than those of 1503
(c) 1602 90 72 Other prepared or preserved meat or meat offal of
sheep or goats, uncooked;
1602 90 74 mixtures of cooked and uncooked meat or offal
(d) 1602 90 76
1602 90 78Other prepared or preserved meat or meat offal ofsheep or goats, other than uncooked or mixtures ofcooked and uncooked meat or offal▼B2007R1234 —EN—01.05.2010 —006.001 —180
IP/N/1/EU/G/1 
        - 182 -Part XIX: Eggs
As regards eggs, this Regulation shall cover the products listed in the following
table:
CN code Description
(a) 0407 00 11
0407 00 19
0407 00 30Poultry eggs, in shell, fresh, preserved or cooked
(b) 0408 11 80
0408 19 810408 19 890408 91 800408 99 80Bird's 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 othersweetening matter, other than unfit for human
consumption
Part XX: Poultrymeat
As regards poultrymeat, this Regulation 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 liversfalling within point (c)
(c) 0207 13 91 Poultry livers, fresh, chilled or frozen
0207 14 91
0207 26 910207 27 910207 340207 35 910207 36 810207 36 850207 36 890210 99 71 Poultry livers, salted, in brine, dried or smoked0210 99 79
(d) 0209 00 90 Poultry fat, not rendered or otherwise extracted,
fresh, chilled, frozen, salted, in brine, dried or
smoked
(e) 1501 00 90 Poultry fat
(f)►
M9 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: Other products
CN code Description
ex 0101 Live horses, asses, mules and hinnies:
0101 10 –Pure-bred breeding animals:
0101 10 10 ––Horses (a)▼B2007R1234 —EN—01.05.2010 —006.001 —181
IP/N/1/EU/G/1 
        - 183 -CN code Description
0101 10 90 ––Other
0101 90 –Other:
––Horses:
0101 90 19 ––– Other than for slaughter
0101 90 30 ––Asses
0101 90 90 ––Mules and hinnies
ex 0102 Live bovine animals:
ex 0102 90 –Other than pure-bred breeding animals:
0102 90 90 ––Other than domestic species
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 00 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 bonein:
0203 22 90 ––– Other than of domestic swine▼B2007R1234 —EN—01.05.2010 —006.001 —182
IP/N/1/EU/G/1 
        - 184 -CN code Description
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:
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 pharmaceuticalproducts (
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
▼M9
ex 0206 49 00 ––Other:
––– Of domestic swine:
–––– For the manufacture of pharmaceuticalproducts (
c)
▼B
►M9__________◄ ––– Other
ex 0206 80 –Other, fresh or chilled:
0206 80 10 ––For the manufacture of pharmaceuticalproducts (
c)
––Other:▼B2007R1234 —EN—01.05.2010 —006.001 —183
IP/N/1/EU/G/1 
        - 185 -CN code Description
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 ormeat 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
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 00 ––Of whales, dolphins and porpoises
(mammals of the order Cetacea ); of
manatees and dugongs (mammals of the
order Sirenia )
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, bovineanimals, sheep and goats
0210 99 80 ––––– Other than poultry livers
ex 0407 00 Birds' eggs, in shell, fresh, preserved or cooked:▼B2007R1234 —EN—01.05.2010 —006.001 —184
IP/N/1/EU/G/1 
        - 186 -CN code Description
0407 00 90 –Other than of poultry
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:
0511 91 ––Products of fish or crustaceans, molluscs or
other aquatic invertebrates; dead animals ofChapter 3
ex 0511 99 ––Other:
►
M3__________◄ ––– natural sponges of animal origin
––– Other
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 manu-
facture of capsicin or capsicum
oleoresin dyes (c)▼B2007R1234 —EN—01.05.2010 —006.001 —185
IP/N/1/EU/G/1 
        - 187 -CN code Description
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 unsuitablein that state for immediate consumption:
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 39 00 ––Other:
––– Other than for sowing
ex 0713 40 00 –Lentils:
––– Other than for sowing▼B2007R1234 —EN—01.05.2010 —006.001 —186
IP/N/1/EU/G/1 
        - 188 -CN code Description
ex 0713 50 00 –Broad beans ( Vicia faba var.major) and horse
beans ( Vicia faba var. equina andVicia faba
var. minor):
––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:
ex 0802 90 –Other:
ex 0802 90 20 ––Areca (or betel) and cola
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 20 10
0905 00 00 Vanilla
0906 Cinnamon and cinnamon-tree flowers
0907 00 00 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 ofChapter 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 00 90 Soya beans, whether or not broken, other than
for sowing
1202 10 90 Groundnuts, not roasted or otherwise cooked, in
shell, other than for sowing
1202 20 00 Ground-nuts, not roasted or otherwise cooked,
shelled, whether or not broken
1203 00 00 Copra▼B2007R1234 —EN—01.05.2010 —006.001 —187
IP/N/1/EU/G/1 
        - 189 -CN code Description
1204 00 90 Linseed, whether or not broken, other than for
sowing
1205 10 90 and
ex 1205 90 00Rape or colza seeds, whether or not broken,
other than for sowing
1206 00 91 Sunflower seeds, whether or not broken, other
than for sowing
1206 00 99
1207 20 90 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
ex 1207 99 97 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
1211 ►M3Plants 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 productslisted under CN-code ex 1211 90 85 in Part IXof this Annex ◄
ex 1212 Locust beans, seaweeds and other algae, sugar
beet and sugar cane, fresh, chilled, frozen ordried, whether or not ground; fruit stones and
kernels and other vegetable products (including
unroasted chicory roots of the variety Cichorium
intybus sativum ) of a kind used primarily for
human consumption, not elsewhere specified or
included:
ex 1212 20 00 –Seaweeds and other algae used primarily in
pharmacy or for human consumption
–Other:
ex 1212 99 ––Other than sugar cane :
1212 99 41
and 1212 99 49––– Locust bean seeds
ex 1212 99 70 ––– Other, excluding chicory root
1213 00 00 Cereal straw and husks, unprepared, whether or
not chopped, ground, pressed or in the form ofpellets
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:▼B2007R1234 —EN—01.05.2010 —006.001 —188
IP/N/1/EU/G/1 
        - 190 -CN code Description
ex 1214 10 00 –Lucerne (alfalfa) meal and pellets, excluding
of lucerne artificially heat-dried or of lucerneotherwise 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 andsimilar 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 00 Fats of bovine animals, sheep or goats, other
than those of heading 1503:
ex 1502 00 10 –For industrial uses other than the manufactureof foodstuffs for human consumption,
excluding fats obtained from bones and
waste (
c)
1503 00 Lard stearin, lard oil, oleostearin, oleo-oil and
tallow oil, not emulsified or mixed orotherwise prepared
1504 Fats and oils and their fractions, of fish or
marine mammals, whether or not refined, butnot chemically modified
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
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 notchemically 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)▼B2007R1234 —EN—01.05.2010 —006.001 —189
IP/N/1/EU/G/1 
        - 191 -CN code Description
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 thanedible fats or oils or their fractions of heading
1516, excluding subheadings 1517 10 10,
1517 90 10 and 1517 90 93
1518 00 31
1518 00 39Fixed vegetable oils, fluid, mixed for technical orindustrial uses other than the manufacture 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 char-acteristics 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 anyanimal:
1602 90 31 ––– Of game or rabbit
▼M9__________
▼B
►M9 1602 90 99 ◄ –––––– Other than of sheep or goats
1603 00 Extracts and juices of meat, fish or crustaceans,
molluscs or other aquatic invertebrates
1801 00 00 Cocoa beans, whole or broken, raw or roasted
1802 00 00 Cocoa shells, husks, skins and other cocoa waste
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, otherthan 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▼B2007R1234 —EN—01.05.2010 —006.001 —190
IP/N/1/EU/G/1 
        - 192 -CN code Description
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
2206 00 89–Other than piquette
ex 2301 Flours, meals and pellets, of meat or meat offal,
of fish or of crustaceans, molluscs or otheraquatic 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 legu-
minous 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 fromthe extraction of groundnut oil
ex 2306 Oilcake and other solid residues, whether or not
ground or in the form of pellets, resulting fromthe extraction of vegetable fats or oils, other thanthose of heading 2304 or 2305 with the
exception of CN subheading 2306 90 05
(oilcake and other solid residues resulting fromthe extraction of maize (corn) germ) and2306 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 ornot in the form of pellets, of a kind used inanimal feeding, not elsewhere specified orincluded:
2308 00 90 ––Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, otherthan 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 malto-dextrine syrup of subheadings 1702 30 51
to 1702 30 99, 1702 40 90, 1702 90 50 and
2106 90 55 or milk products
ex 2309 90 –Other:
2309 90 10 ––Fish or marine mammal solubles
––Other, including premixes:▼B2007R1234 —EN—01.05.2010 —006.001 —191
IP/N/1/EU/G/1 
        - 193 -CN code Description
ex 2309 90 91 to
2309 90 99––– Other than containing starch, glucose,
glucose syrup, maltodextrine or malto-dextrine syrup of subheadings 1702 30 51
to 1702 30 99, 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 fromthe preparation of the concentrates referred toin the first indent
(a) Entry under this subheading is subject to the conditions laid down in the relevant
Community provisions (see Council Directive 94/28/EC (OJ L 178, 12.7.1994,
p. 66); Commission Decision 93/623/EEC (OJ L 298, 3.12.1993, p. 45)).
(b) Entry under this subheading is subject to conditions laid down in the relevant
Community provisions (see Council Directive 88/661/EEC (OJ L 382, 31.12.1988,
p. 36); Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66); CommissionDecision 96/510/EC (OJ L 210, 20.8.1996, p. 53)).
(
c) Entry under this subheading is subject to conditions laid down in the relevant
Community provisions (see Articles 291 to 300 of Commission Regulation (EEC)
No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments).
(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.▼B2007R1234 —EN—01.05.2010 —006.001 —192
IP/N/1/EU/G/1 
        - 194 -ANNEX II
LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(3)
Part I: Ethyl alcohol of agricultural origin
1. As regards ethyl alcohol, this Regulation 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 theTreaty
ex 2207 20 00 Ethyl alcohol and other spirits, denatured, of any
strength, obtained from the agricultural products
listed in Annex I to the Treaty
ex 2208 90 91
andex 2208 90 99Undenatured ethyl alcohol of an alcoholic strengthby volume of less than 80 % vol. obtained fromthe agricultural products listed in Annex I to the
Treaty
2. Section I of Chapter II of Part III on import licences and Section I of
Chapter III of that Part shall apply also to 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 paragraph 1.
Part II: Apiculture products
As regards apiculture products, this Regulation shall cover the products listed inthe following table:
CN code Description
0409 Natural honey
ex 0410 00 00 Royal jelly and propolis, edible
ex 0511 99 85 Royal jelly and propolis, non-edible
ex 1212 99 70 Pollen
ex 1521 90 Beeswax
Part III: Silkworms
As regards silkworms, this Regulation shall cover silkworms falling withinCN subheading ex 0106 90 00 and silkworm eggs falling within CN subheading
ex 0511 99 85.▼B2007R1234 —EN—01.05.2010 —006.001 —193
IP/N/1/EU/G/1 
        - 195 -ANNEX III
DEFINITIONS REFERRED TO IN ARTICLE 2(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 sbramato ’.
(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 pericarpbut 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 thegerm in the case of long grain or medium grain rice and at leastpart 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/widthratio no greater than 3.
(c)‘Long grain rice ’means:
(i) long grain rice A, rice, the grains of which are of a length
exceeding 6,0 mm and of which the length/width ratio is
greater than 2 but less than 3;
(ii) long grain rice B, rice, the grains of which are of a length
exceeding 6,0 mm and of which the length/width ratio isequal to or greater than 3.
(d)‘Measurements
 of the grains ’means grain measurements are taken
on wholly milled rice 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:A.‘Whole grains ’means grains from which only part of the end has been
removed, irrespective of characteristics produced at each stage of
milling.
B.‘Clipped grains ’means grains from which the entire end has been
removed.
C.‘Broken grains or fragments ’means grains from which a part of the
volume greater than the end has been removed; broken grains include:
—large broken grains (pieces of grain of a length not less than half
that of a grain, but not constituting a complete grain),▼B2007R1234 —EN—01.05.2010 —006.001 —194
IP/N/1/EU/G/1 
        - 196 -—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 ’),
—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),
—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.
D.‘Green grains ’means grains which are not fully ripened.
E.‘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.
F.‘Chalky grains ’means grains at least three-quarters of the surface of
which looks opaque and chalky.
G.‘Grains striated with red ’means grains showing longitudinal red
striations of differing intensity and shades, due to residues from thepericarp.
H.‘Spotted grains ’means grains showing a well-defined small circle of
dark colour of more or less regular shape; spotted grains also includethose which show slight black striations on the surface only; the
striations and spots must not show a yellow or dark aureole.
I.‘Stained grains ’means grains which have undergone, on a small area of
their surface, an obvious change in their natural colour; the stains maybe of different colours (blackish, reddish, brown); deep black striationsare also to be regarded as stains. If the colour of the stains is suffici-
ently marked (black, pink, reddish-brown) to be immediately visible
and if they cover an area not less than half that of the grain, thegrains must be considered to be yellow grains.
J.‘Yellow grains ’means grains which have undergone, totally or
partially, otherwise than by drying, a change in their natural colourand have taken on a lemon or orange-yellow tone.
K.‘Amber grains ’means grains which have undergone, otherwise than by
drying, a slight uniform change in colour over the whole surface; thischange alters the colour of the grains to a light amber-yellow.
Part II: Definitions concerning the sugar sector
1.‘white sugars ’means sugars, not flavoured or coloured or containing any
other added substances, containing, in the dry state, 99,5 % or more byweight 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 defi-nition may be amended by the Commission;
5.‘quota sugar ’,‘quota
isoglucose ’and‘quota inulin syrup’ mean any quantity
of sugar, isoglucose or inulin syrup production attributed to a specificmarketing year under the quota of the undertaking concerned;
6.‘industrial sugar ’means any quantity of sugar production attributed to a
specific marketing year over and above the sugar quantity referred to inpoint (5), intended for the production by the industry of one of the products
referred to in Article 62(2);
7.‘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 62(2);▼B2007R1234 —EN—01.05.2010 —006.001 —195
IP/N/1/EU/G/1 
        - 197 -8.‘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 referredto in points (5), (6) and (7);
9.‘quota beet ’means all sugar beet processed into quota sugar;
10.‘delivery contract ’means a contract concluded between a seller and an
undertaking for the delivery of beet for the manufacture of sugar;
11.‘agreement within the trade ’means one of the following:
(a) an agreement concluded at Community level, prior to the conclusion of
any delivery contract, between a group of national undertakings' orga-nisations on the one hand and a group of national sellers' organisations
on the other;
(b) an agreement concluded, prior to the conclusion of any delivery
contract, between undertakings or an undertakings' organisationrecognised by the Member State concerned on the one hand and a
sellers' association recognised by the Member State concerned on theother;
(c) in the absence of any agreement as referred to in point (a) or (b), the
law on companies and the law on cooperatives, in so far as they governthe delivery of sugar beet by the shareholders or members of a companyor cooperative manufacturing sugar;
(d) in the absence of any agreement as referred to in point (a) or (b), the
arrangements existing before the conclusion of any delivery contract,provided the sellers accepting the arrangement supply at least 60 % ofthe total beet bought by the undertaking for the manufacture of sugar in
one or more factories.
12.‘ACP/Indian sugar ’means sugar falling within CN code 1701 originating in
the States listed in Annex XIX and imported into the Community under:
—Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or
—the Agreement on cane sugar between the European Community and the
Republic of India (
1);
13.‘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 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).
▼M10
Part IIIa: Definitions concerning the wine sector
Vine-related
1.‘Grubbing-up ’means the complete elimination of all vine stocks on an area
planted with vines.▼B2007R1234 —EN—01.05.2010 —006.001 —196
(1) OJ L 190, 23.7.1975, p. 36.
IP/N/1/EU/G/1 
        - 198 -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.
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 according to
Article 120a(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 % volumeand 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 concen-trated 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 arefractometer used in accordance with a method to be prescribed at atemperature 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;
(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▼M102007R1234 —EN—01.05.2010 —006.001 —197
IP/N/1/EU/G/1 
        - 199 -(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 sugarscontained in 100 kilograms of product.
19.‘Total alcoholic strength by mass ’means the sum of the actual and potential
alcoholic strength.
▼B
Part IV: Definitions concerning the beef and veal sector
1.‘bovine animals ’means live animals of the domestic bovine species falling
within CN codes ex 0102 10, 0102 90 05 to 0102 90 79;
2.‘adult bovine animals ’means bovine animals the live weight of which is
more than 300 kilograms.
Part V: Definitions concerning the milk and milk products sector
1. 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 ofstored materials, in a single, self-contained and uninterrupted process whichmay involve the cream passing through a stage of concentrated milkfatand/or the fractionation of such milkfat.
2. For the purposes of the application of Article 119 concerning the use of
casein and caseinates in the manufacture of cheese:
(a)‘cheese ’means products covered by CN code 0406 and manufactured
within the Community territory;
(b)‘casein and caseinates’ means products covered by CN codes
3501 10 90 and 3501 90 90 and used as such or in the form of a
mixture.
Part VI: 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 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.▼M102007R1234 —EN—01.05.2010 —006.001 —198
IP/N/1/EU/G/1 
        - 200 -Part VII: 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, 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
products falling within CN codes 1602 20 11 and 1602 20 19.
Part VIII: Definitions concerning the apiculture sector
1.‘Honey ’means the natural sweet substance produced by Apis mellifera bees
from the nectar of plants or from secretions of living parts of plants or
excretions of plant-sucking insects on the living parts of plants, which thebees collect, transform by combining with specific substances of their own,
deposit, dehydrate, store and leave in honeycombs to ripen and mature.
The main types of honey are as follows:(a) according to origin:
(i) blossom honey or nectar honey: honey obtained from the nectar of
plants;
(ii) honeydew honey: honey obtained mainly from excretions of plant
sucking insects ( Hemiptera ) on the living part of plants or secretions
of living parts of plants;
(b) according to mode of production and/or presentation:
(iii) comb honey: honey stored by bees in the cells of freshly built
broodless combs or thin comb foundation sheets made solely of
beeswax and sold in sealed whole combs or sections of such
combs;
(iv) chunk honey or cut comb in honey: honey which contains one or
more pieces of comb honey;
(v) drained honey: honey obtained by draining decapped broodless
combs;
(vi) extracted honey: honey obtained by centrifuging decapped
broodless combs;
(vii) pressed honey: honey obtained by pressing broodless combs with
or without the application of moderate heat not exceeding 45
oC;
(viii) filtered honey: honey obtained by removing foreign inorganic or
organic matter in such a way as to result in the significantremoval of pollen.
‘Baker ’s honey' means honey which is:
(a) suitable for industrial uses or as an ingredient in other foodstuffs which
are then processed and
(b) may:
—have a foreign taste or odour, or
—have begun to ferment or have fermented, or
—have been overheated.
2.‘Apiculture products ’means honey, beeswax, royal jelly, propolis or pollen.▼B2007R1234 —EN—01.05.2010 —006.001 —199
IP/N/1/EU/G/1 
        - 201 -ANNEX IV
STANDARD QUALITY OF RICE AND SUGAR
A. Standard quality for paddy rice
Paddy rice of standard quality shall:
(a) be of a sound and fair 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
CN 1006 10 27 and CN 1006 10 981,5 %
chalky grains of paddy rice under CN codes other thanCN 1006 10 27 and CN 1006 10 98:2,0 %
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 beetStandard quality beet shall:
(a) be of sound and fair merchantable 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 char-
acteristics:
(a) be of sound, genuine and merchantable quality; dry, in homo-
geneous 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 paragraph 2 shall not
exceed 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 (hereinafterreferred to as the Brunswick method),
—6 for the colouring of the solution, determined using the
method of the International Commission for Uniform
Methods of Sugar Analysis (hereinafter referred to as theICUMSA method).
2. One point shall correspond to:
(a) 0,0018 % of ash content determined using the ICUMSA method
at 28
oBrix,
(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.▼B2007R1234 —EN—01.05.2010 —006.001 —200
IP/N/1/EU/G/1 
        - 202 -3. The methods for determining the factors referred to in paragraph 1
shall be those used for determining those factors under the inter-
vention 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.▼B2007R1234 —EN—01.05.2010 —006.001 —201
IP/N/1/EU/G/1 
        - 203 -ANNEX V
COMMUNITY SCALES FOR THE CLASSIFICATION OF CARCASSES
REFERRED TO IN ARTICLE 42
A. Community scale for the classification of carcasses of adult bovine
animals
I. Definitions
The following definitions shall apply:
1.‘carcass ’: the whole body of a slaughtered animal as presented after
bleeding, evisceration and skinning;
2.‘half-carcass ’: the product obtained by separating the carcass
referred to in point (1) symmetrically through the middle of each
cervical, dorsal, lumbar and sacral vertebra and through the middleof the sternum and the ischiopubic symphysis.
II. Categories
The carcasses shall be divided into the following categories:
A: carcasses of uncastrated young male animals of less than two
years of age;
B: carcasses of other uncastrated male animals;
C: carcasses of castrated male animals;D: carcasses of female animals that have calved;E: carcasses of other female animals.
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
classDescription
S
SuperiorAll profiles extremely convex; exceptionalmuscle development (double muscled carcasstype)
EExcellentAll profiles convex to super-convex; exceptionalmuscle development
UVery goodProfiles on the whole convex, very good muscledevelopment
RGoodProfiles on the whole straight; good muscledevelopment
OFairProfiles straight to concave; average muscledevelopment
P
PoorAll profiles concave to very concave; poormuscle development
2. Fat cover, defined as follows:
Amount of fat on the outside of the carcass and in the thoracic
cavity
Class of fat
coverDescription
1
lowNone up to low fat cover▼B2007R1234 —EN—01.05.2010 —006.001 —202
IP/N/1/EU/G/1 
        - 204 -Class of fat
coverDescription
2
slightSlight fat cover, flesh visible almost everywhere
3
averageFlesh with the exception of the round andshoulder, almost everywhere covered with fat,
slight deposits of fat in the thoracic cavity
4
highFlesh covered with fat, but on the round andshoulder still partly visible, some distinctive fat
deposits in the thoracic cavity
5
very highEntire carcass covered with fat; heavy deposits inthe thoracic cavity
Member States shall be 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:
1. 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,
2. without the organs contained in the thoracic and abdominal
cavities with or without the kidneys, the kidney fat and thepelvic fat,
3. without the sexual organs and the attached muscles and without
the udder or the mammary fat.
For the purpose of establishing market prices, a different presentationmay be set out in accordance with the procedure referred to in
Article 195(2).
V. Classification and identification
Slaughterhouses approved under Article 4 of Regulation (EC)
No 853/2004 of the European Parliament and the Council of
29 April 2004 laying down specific hygiene rules for food of animal
origin (
1) shall take measures to ensure that all carcasses or half-
carcasses from adult bovine animals slaughtered in such slaughter-houses 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 of29 April 2004 laying down specific rules for the organisation of official
controls on products of animal origin intended for human
consumption (
2) are classified and identified in accordance with the
Community scale.
Before identification by marking, Member States may grant authori-
sation to have the external fat removed from the carcasses or half-carcasses if this is justified by the fat cover.
B. Community scale for the classification of pig carcasses
I. Definition‘carcass ’shall mean the body of a slaughtered pig, bled and evis-
cerated, whole or divided down the mid-line.
II. ClassificationCarcasses shall be divided into classes according to their estimated
lean-meat content and classified accordingly:▼B2007R1234 —EN—01.05.2010 —006.001 —203
(1) OJ L 139, 30.4.2004, p. 55. Regulation as last amended by Regulation (EC)
No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 139, 30.4.2004, p. 206. Regulation as last amended by Regulation (EC)
No 1791/2006.
IP/N/1/EU/G/1 
        - 205 -Classes Lean meat as percentage of carcass weight
S 60 or more (*)
E 55 or more
U 50 or more but less than 55
R 45 or more but less than 50
O 40 or more but less than 45
P less than 40
(*) Member States may introduce, for pigs slaughtered in their territory, a
separate class of 60 % or more of lean meat designated with the letter S.
III. Presentation
Carcasses shall be presented without tongue, bristles, hooves, genital
organs, flare fat, kidneys and diaphragm.
With regard to pigs slaughtered in their territory, the Member States
may be authorised to provide for a different presentation of pigcarcasses if one of the following conditions is fulfilled:
1. if normal commercial practice in their territory differs from the
standard presentation defined in the first subparagraph,
2. if technical requirements warrant it,
3. if carcasses are dehided in a uniform manner.
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 compliancewith 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 Communityscale.
C. Community scale for the classification of sheep carcasses
I. DefinitionAs regards the terms ‘carcass ’and‘half-carcass ’the definitions laid
down in point A.I shall apply.
II. CategoriesThe carcasses shall be divided into the following categories:
A carcasses of sheep under 12 months old,
B carcasses of other sheep.
III. Classification
1. 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 ’.
2. By way of derogation from point 1, for lambs of less than 13 kg
carcass weight, Member States may be authorised by the
Commission, without the assistance of the Committee referred to
in Article 195(1), to use the following criteria for classification:
(a) carcass weight,(b) colour of meat,▼B2007R1234 —EN—01.05.2010 —006.001 —204
IP/N/1/EU/G/1 
        - 206 -(c) fat cover.
IV. Presentation
Carcasses and half-carcasses shall be presented without the head
(severed at the atlantooccipital joint), the feet (severed at the carpome-
tacarpal or tarso-metatarsal joints), the tail (severed between the sixthand seventh caudal vertebrae), the udder, the genitalia, the liver and thepluck. Kidneys and kidney fat are included in the carcass.
However, Member States shall be authorised to permit different presen-
tations when the reference presentation is not used. In such instances,the adjustments necessary to progress from those presentations to thereference presentation shall be determined in accordance with the
procedure laid down in Article 195(2).
V. Identification of carcasses
Classified carcasses and half-carcasses shall be identified by marking in
accordance with the Community scale.▼B2007R1234 —EN—01.05.2010 —006.001 —205
IP/N/1/EU/G/1 
        - 207 -ANNEX VI
NATIONAL AND REGIONAL QUOTAS
from the 2009/2010 marketing year onwards
(in tonnes)
Member States or regions
(1)Sugar
(2)Isoglucose
(3)Inulin syrup
(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) 2 956 786,7 0
French overseas
departments480 244,5
Italy 508 379,0 32 492,5
Latvia 0
Lithuania 90 252,0
Hungary 105 420,0 220 265,8
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 ofthe Azores9 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 13 336 741,2 690 440,8 0▼M82007R1234 —EN—01.05.2010 —006.001 —206
IP/N/1/EU/G/1 
        - 208 -ANNEX VII
SUPPLEMENTARY QUOTAS FOR ISOGLUCOSE REFERRED TO IN
ARTICLE 58(2)
Member State Additional quota (tonnes)
Italy 60 000
Lithuania 8 000
Sweden 35 000▼B2007R1234 —EN—01.05.2010 —006.001 —207
IP/N/1/EU/G/1 
        - 209 -ANNEX VIIa
CALCULATION OF THE PERCENTAGE TO BE ESTABLISHED IN
ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF
ARTICLE 59(2)
1. For the purpose of the calculation set out in point 2, the following defi-
nitions shall apply:
(a)‘percentage at Member State level ’means the percentage to be estab-
lished in accordance with point 2 for the purpose of determining the
total quantity to be reduced at the level of the Member State concerned;
(b)‘common percentage ’means the common percentage established by the
Commission in accordance with the first subparagraph of Article 59(2);
(c)‘reduction ’means the figure obtained by dividing the total renunciation
of quotas in the Member State by the national quotas as fixed inAnnex III to Regulation (EC) No 318/2006 in the version applicableon 1 July 2006. For those Member States which were not members ofthe Community on 1 July 2006, the reference to that Annex concerns
the version applicable on the date of their accession to the Community.
2. The percentage at Member State level is equal to the common percentage
multiplied by 1 –[(1/0,6) × the reduction].
When the result is below zero, the applicable percentage is equal to zero.▼M32007R1234 —EN—01.05.2010 —006.001 —208
IP/N/1/EU/G/1 
        - 210 -ANNEX VIIb
CALCULATION OF THE PERCENTAGE APPLICABLE TO
UNDERTAKINGS IN ACCORDANCE WITH THE SECOND
SUBPARAGRAPH OF ARTICLE 59(2)
1. For the purpose of the calculation set out in point 2, the following defi-
nitions shall apply:
(a)‘applicable percentage ’means the percentage to be established in
accordance with point 2 and applicable to the quota allocated to the
undertaking concerned;
(b)‘common percentage at Member State level’ means the percentage
calculated for the Member State concerned as:
Qty/ Σ[(1–R/K) × Q]
with
Qty = the quantity to be reduced at the level of the Member State
referred to in point 1(a) of Annex VIIa,
R= renunciation referred to under (c) for a given undertaking,
Q= the quota of the same given undertaking available at the end
of February 2010,
K= the figure calculated under (d),
Σrefers to the sum of the product of (1 –R/K) × Q calculated for each
undertaking holding a quota in the territory of the Member State; when
the product is below zero, it shall be equal to zero;
(c)‘renunciation ’means the figure obtained by dividing the quantity of
quotas renounced by the undertaking concerned by its quota asallocated in accordance with Articles 7 and 11(1) to (3) of Regulation(EC) No 318/2006 and Article 60(1) to (3) of this Regulation;
(d)‘K’is calculated in each Member State by dividing the total reduction of
quota in that Member State (voluntary renunciations plus the quantity tobe reduced at the level of Member State referred to in point 1(a) ofAnnex VIIa) by its initial quota as fixed in Annex III to Regulation(EC) No 318/2006 in the version applicable on 1 July 2006. For those
Member States which were not members of the Community on 1 July
2006, the reference to that Annex concerns the version applicable on thedate of their accession to the Community.
2. The applicable percentage is equal to the common percentage at Member
State level multiplied by 1 –[(1/K) × the renunciation].
When the result is below zero, the applicable percentage is equal to zero.▼M32007R1234 —EN—01.05.2010 —006.001 —209
IP/N/1/EU/G/1 
        - 211 -ANNEX VIIc
CALCULATION OF THE COEFFICIENT TO BE ESTABLISHED IN
ACCORDANCE WITH ARTICLE 52A(1)
1. For the purpose of the calculations set out in point 2, the following defi-
nitions shall apply:
(a)‘coefficient at Member State level’ means the coefficient to be estab-
lished in accordance with point 2;
(b)‘reduction ’means the figure obtained by dividing the total renunciation
of sugar quotas in the Member State, including renunciations in the
marketing year to which the withdrawal applies, by the national sugar
quotas as fixed in Annex III to Regulation (EC) No 318/2006 in the
version applicable on 1 July 2006. For those Member States which werenot members of the Community on 1 July 2006, the reference to thatAnnex concerns the version applicable on the date of their accession to
the Community;
(c)‘coefficient ’means the coefficient established by the Commission in
accordance with Article 52(2).
2. For the 2008/2009 and 2009/2010 marketing years, the coefficient at
Member State level shall be equal to the coefficient increased by [(1/0,6)× the reduction] × (1 –the coefficient).
When the result is above 1, the applicable coefficient is equal to 1.▼M32007R1234 —EN—01.05.2010 —006.001 —210
IP/N/1/EU/G/1 
        - 212 -ANNEX VIII
DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE
QUOTAS IN ACCORDANCE WITH ARTICLE 60
I
For the purposes of this Annex:
(a)‘merger of undertakings ’means the consolidation of two or more under-
takings 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 theproduction 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 manufacture of sugar, with a viewto its operation, concluded for a period of at least three consecutivemarketing years, which the parties agree not to terminate before the endof 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 a solely sugar-producing undertaking for its entire production.
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 quotashall be adjusted as follows:
(a) in the event of the merger of sugar-producing undertakings, the
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 inproportion 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 thefactory and shall increase the quota of the sugar-producing undertakingor undertakings purchasing the factory in question by the quantitydeducted 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 willingnessto supply their beet or cane to a sugar-producing undertaking which is notparty to those operations, the Member State may make the allocation on the
basis of the production absorbed by the undertaking 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 preceding subparagraph,
where some of the producers concerned expressly show their willingness
to supply their beet or cane to a given sugar-producing undertaking, theMember State may allocate the proportion of the quotas corresponding tothe beet or cane concerned to the undertaking which they intend to supply
with those products.
4. Where the derogation referred to in Article 50(6) is invoked, the Member
State concerned may require the beet growers and the sugar undertakings▼B2007R1234 —EN—01.05.2010 —006.001 —211
IP/N/1/EU/G/1 
        - 213 -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.
5. In the event of the lease of a factory belonging to a sugar-producing under-
taking, the Member State may reduce the quota of the undertaking offeringthe 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 thisparagraph shall be cancelled retroactively by the Member State as at the dateon which the lease took effect. However, if the lease is terminated by reason
offorce 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 Community legislation towards the sugar-beet or caneproducers concerned, and where that situation has been ascertained by the
competent authorities of the Member State concerned, the latter may allocatefor one or more marketing years the part of the quotas involved to one ormore 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 beetgrowers concerned, allocate all or part of the sugar production quotas to
one or more other undertakings for one or more marketing years.
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 thequotas involved for the production of isoglucose to one or more other under-
takings, whether or not they have a production quota.
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 VI.
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 thefollowing marketing year.
▼M3
VI
Where Article 59(2) is applied, Member States shall allocate the adjusted quotasby the end of February with a view to applying them in the following marketingyear.
▼B
VII
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.▼B2007R1234 —EN—01.05.2010 —006.001 —212
IP/N/1/EU/G/1 
        - 214 -2007R1234 —EN—01.05.2010 —006.001 —213ANNEX IX
NATIONAL QUOTAS AND RESTRUCTURING RESERVE QUANTITIES REFERRED TO IN ARTICLE 66
▼M7
1. National quotas: quantities (tonnes) per twelve-month period per Member State:
Member State 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15
Belgium 3 427 288,740 3 461 561,627 3 496 177,244 3 531 139,016 3 566 450,406 3 602 114,910 3 602 114,910
Bulgaria 998 580,000 1 008 565,800 1 018 651,458 1 028 837,973 1 039 126,352 1 049 517,616 1 049 517,616
Czech Republic 2 792 689,620 2 820 616,516 2 848 822,681 2 877 310,908 2 906 084,017 2 935 144,857 2 935 144,857
Denmark 4 612 619,520 4 658 745,715 4 705 333,172 4 752 386,504 4 799 910,369 4 847 909,473 4 847 909,473Germany 28 847 420,391 29 135 894,595 29 427 253,541 29 721 526,076 30 018 741,337 30 318 928,750 30 318 928,750
Estonia 659 295,360 665 888,314 672 547,197 679 272,669 686 065,395 692 926,049 692 926,049
Ireland 5 503 679,280 5 558 716,073 5 614 303,234 5 670 446,266 5 727 150,729 5 784 422,236 5 784 422,236
Greece 836 923,260 845 292,493 853 745,418 862 282,872 870 905,700 879 614,757 879 614,757
Spain 6 239 289,000 6 301 681,890 6 364 698,709 6 428 345,696 6 492 629,153 6 557 555,445 6 557 555,445France 25 091 321,700 25 342 234,917 25 595 657,266 25 851 613,839 26 110 129,977 26 371 231,277 26 371 231,277
Italy 10 740 661,200 11 288 542,866 11 288 542,866 11 288 542,866 11 288 542,866 11 288 542,866 11 288 542,866
Cyprus 148 104,000 149 585,040 151 080,890 152 591,699 154 117,616 155 658,792 155 658,792Latvia 743 220,960 750 653,170 758 159,701 765 741,298 773 398,711 781 132,698 781 132,698
Lithuania 1 738 935,780 1 756 325,138 1 773 888,389 1 791 627,273 1 809 543,546 1 827 638,981 1 827 638,981
Luxembourg 278 545,680 281 331,137 284 144,448 286 985,893 289 855,752 292 754,310 292 754,310
Hungary 2 029 861,200 2 050 159,812 2 070 661,410 2 091 368,024 2 112 281,704 2 133 404,521 2 133 404,521
Malta 49 671,960 50 168,680 50 670,366 51 177,070 51 688,841 52 205,729 52 205,729Netherlands 11 465 630,280 11 580 286,583 11 696 089,449 11 813 050,343 11 931 180,847 12 050 492,655 12 050 492,655
Austria 2 847 478,469 2 875 953,254 2 904 712,786 2 933 759,914 2 963 097,513 2 992 728,488 2 992 728,488
Poland 9 567 745,860 9 663 423,319 9 760 057,552 9 857 658,127 9 956 234,709 10 055 797,056 10 055 797,056
Portugal 1 987 521,000 2 007 396,210 2 027 470,172 2 047 744,874 2 068 222,323 2 088 904,546 2 088 904,546
Romania 3 118 140,000 3 149 321,400 3 180 814,614 3 212 622,760 3 244 748,988 3 277 196,478 3 277 196,478Slovenia 588 170,760 594 052,468 599 992,992 605 992,922 612 052,851 618 173,380 618 173,380
Slovakia 1 061 603,760 1 072 219,798 1 082 941,996 1 093 771,416 1 104 709,130 1 115 756,221 1 115 756,221
Finland 2 491 930,710 2 516 850,017 2 542 018,517 2 567 438,702 2 593 113,089 2 619 044,220 2 619 044,220Sweden 3 419 595,900 3 453 791,859 3 488 329,778 3 523 213,075 3 558 445,206 3 594 029,658 3 594 029,658
United Kingdom 15 125 168,940 15 276 420,629 15 429 184,836 15 583 476,684 15 739 311,451 15 896 704,566 15 896 704,566▼B
IP/N/1/EU/G/1 
        - 215 -2. Special restructuring reserve quantities
Member State Tonnes
Bulgaria 39 180
Romania 188 400▼B2007R1234 —EN—01.05.2010 —006.001 —214
IP/N/1/EU/G/1 
        - 216 -ANNEX X
REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 70
Member State g/kg
Belgium 36,91
Bulgaria 39,10
Czech Republic 42,10
Denmark 43,68
Germany 40,11
Estonia 43,10
Greece 36,10
Spain 36,37
France 39,48
Ireland 35,81
Italy 36,88
Cyprus 34,60
Latvia 40,70
Lithuania 39,90
Luxembourg 39,17
Hungary 38,50
Netherlands 42,36
Austria 40,30
Poland 39,00
Portugal 37,30
Romania 38,50
Slovenia 41,30
Slovakia 37,10
Finland 43,40
Sweden 43,40
United Kingdom 39,70▼B2007R1234 —EN—01.05.2010 —006.001 —215
IP/N/1/EU/G/1 
        - 217 -ANNEX Xa
Potato starch quotas per marketing year as referred to in Article 84 a
Member State (tonnes)
Czech Republic 33 660
Denmark 168 215
Germany 656 298
Estonia 250
Spain 1 943
France 265 354
Latvia 5 778
Lithuania 1 211
Netherlands 507 403
Austria 47 691
Poland 144 985
Slovakia 729
Finland 53 178
Sweden 62 066
TOTAL 1 948 761▼M72007R1234 —EN—01.05.2010 —006.001 —216
IP/N/1/EU/G/1 
        - 218 -ANNEX Xb
BUDGET FOR SUPPORT PROGRAMMES (REFERRED TO IN ARTICLE 103N(1))
in 1 000 EUR
Budget year 2009 2010 2011 2012 2013from 2014
onwards
BG 15 608 21 234 22 022 27 077 26 742 26 762
CZ 2 979 4 076 4 217 5 217 5 151 5 155
DE 22 891 30 963 32 190 39 341 38 867 38 895
EL 14 286 19 167 19 840 24 237 23 945 23 963ES 213 820 284 219 279 038 358 000 352 774 353 081
FR 171 909 226 814 224 055 284 299 280 311 280 545
IT (*) 238 223 298 263 294 135 341 174 336 736 336 997CY 2 749 3 704 3 801 4 689 4 643 4 646
LT 30 37 45 45 45 45
LU 344 467 485 595 587 588
HU 16 816 23 014 23 809 29 455 29 081 29 103
MT 232 318 329 407 401 402AT 8 038 10 888 11 313 13 846 13 678 13 688
PT 37 802 51 627 53 457 65 989 65 160 65 208
RO 42 100 42 100 42 100 42 100 42 100 42 100
SI 3 522 3 770 3 937 5 119 5 041 5 045
SK 2 938 4 022 4 160 5 147 5 082 5 085UK 0 61 67 124 120 120
(*) The national ceilings in Annex VIII to Regulation (EC) No 1782/2003 for Italy corresponding to years 2008, 2009 and 2010 are
reduced by EUR 20 million and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and
2011 as laid down in this table.▼M102007R1234 —EN—01.05.2010 —006.001 —217
IP/N/1/EU/G/1 
        - 219 -ANNEX Xc
BUDGET ALLOCATION FOR RURAL DEVELOPMENT (REFERRED
TO IN ARTICLE 190A(3))
in 1 000 EUR
Budget year 2009 2010 From 2011 onwards
BG —— —
CZ —— —
DE —— —
EL —— —
ES 15 491 30 950 46 441
FR 11 849 23 663 35 512
IT 13 160 26 287 39 447CY —— —
LT —— —
LU —— —
HU —— —
MT —— —
AT —— —
PT —— —
RO —— —
SI — 1 050 1 050
SK —— —
UK 160 160 160▼M102007R1234 —EN—01.05.2010 —006.001 —218
IP/N/1/EU/G/1 
        - 220 -ANNEX Xd
BUDGET FOR THE GRUBBING-UP SCHEME
The budget available for the grubbing-up scheme referred to in Article 85s(3)
shall be:
(a) for the wine year 2008/2009 (2009 budget year): EUR 464 000 000;(b) for the wine year 2009/2010 (2010 budget year): EUR 334 000 000;(c) for the wine year 2010/2011 (2011 budget year): EUR 276 000 000.▼M102007R1234 —EN—01.05.2010 —006.001 —219
IP/N/1/EU/G/1 
        - 221 -ANNEX Xe
AREAS WHICH MEMBER STATES MAY DECLARE INELIGIBLE FOR
THE GRUBBING-UP SCHEME (REFERRED TO IN ARTICLE 85U(1),
(2) AND (5))
in ha
Member State Total area planted with vinesAreas referred to in
Article 85u(5)
BG 135 760 4 073
CZ 19 081 572
DE 102 432 3 073
EL 69 907 2 097
ES 1 099 765 32 993
FR 879 859 26 396
IT 730 439 21 913
CY 15 023 451
LU 1 299 39
HU 85 260 2 558
MT 910 27
AT 50 681 1 520
PT 238 831 7 165
RO 178 101 5 343
SI 16 704 501
SK 21 531 646▼M102007R1234 —EN—01.05.2010 —006.001 —220
IP/N/1/EU/G/1 
        - 222 -ANNEX XI
▼M1
A.I. Apportionment of the maximum guaranteed quantity for long flax fibre
among the Member States referred to in Article 94(1):
Belgium 13 800
Bulgaria 13
Czech Republic 1 923
Germany 300
Estonia 30
Spain 50
France 55 800
Latvia 360
Lithuania 2 263
Netherlands 4 800
Austria 150
Poland 924
Portugal 50
Romania 42
Slovakia 73Finland 200
Sweden 50
United Kingdom 50
A.II. Apportionment of the maximum guaranteed quantity for the marketing
year 2008/2009 for short flax and hemp fibre among the Member States
referred to in Article 94(1a)
The quantity referred to in Article 94(1a) shall be apportioned in the
form of:
(a) national guaranteed quantities for the following Member States:
Belgium 10 350
Bulgaria 48
Czech Republic 2 866
Germany 12 800
Estonia 42
Spain 20 000
France 61 350Latvia 1 313
Lithuania 3 463
Hungary (*) 2 061
Netherlands 5 550
Austria 2 500
Poland 462
Portugal 1 750
Romania 921
Slovakia 189
Finland 2 250
Sweden 2 250
United Kingdom 12 100
(*) The national guaranteed quantity fixed for Hungary concerns hemp fibre
only.▼B2007R1234 —EN—01.05.2010 —006.001 —221
IP/N/1/EU/G/1 
        - 223 -(b) 5 000 tonnes to be apportioned in national guaranteed quantities for
the marketing year 2008/2009 among Denmark, Ireland, Greece,
Italy and Luxembourg. Such apportionment shall be determined onthe basis of the areas which were the subject of one of the contractsor commitments as referred to in Article 91(1).
A.III. Zones eligible for the aid referred to in Article 94a
Zone I
1. The territory of the Netherlands;
2. the following Belgian communes: Assenede, Beveren-Waas, Blan-
kenberge, Bredene, Brugge, Damme, De Haan, De Panne,
Diksmuide (except Vladslo and Woumen), Gistel, Jabbeke,Knokke-Heist, Koksijde, Lo-Reninge, Middelkerke, Nieuwpoort,
Oostende, Oudenburg, Sint-Gillis-Waas (Meerdonk only), Sint-
Laureins, Veurne and Zuienkerke.
Zone II
1. Areas of Belgium other than those included in Zone I;2. the following areas of France:
—the department of Nord,
—the districts of Béthune, Lens, Calais, Saint-Omer and the canton
of Marquise in the department of Pas-de-Calais,
—the districts of Saint-Quentin and Vervins in the department of
Aisne,
—the district of Charleville-Mézières in the department ofArdennes.
▼B
B. Apportionment of the maximum guaranteed quantity among the Member
States referred to in Article 89
Member State Tonnes
Belgo-Luxembourg Economic Union
(BLEU)8 000
Czech Republic 27 942
Denmark 334 000
Germany 421 000
Greece 37 500
Spain 1 325 000
France 1 605 000
Ireland 5 000
Italy 685 000
Lithuania 650
Hungary 49 593
Netherlands 285 000
Austria 4 400
Poland 13 538
Portugal 30 000
Slovakia 13 100
Finland 3 000
Sweden 11 000
United Kingdom 102 000▼M12007R1234 —EN—01.05.2010 —006.001 —222
IP/N/1/EU/G/1 
        - 224 -ANNEX XIa
MARKETING OF THE MEAT OF BOVINE ANIMALS AGED 12
MONTHS OR LESS IN ACCORDANCE WITH ARTICLE 113B
I. Definition
For the purposes 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 12 months or less,
presented fresh, frozen or deep-frozen, whether or not wrapped or packed.
II. Classification of bovine animals aged 12 months or less at the slaugh-terhouse
On slaughter, all bovine animals aged 12 months or less shall be classified
by the operators, under the supervision of the competent authority referred
to in point VII(1) of this Annex, in one of the following two categories:
(A) Category V: bovine animals aged 8 months or less
Category identification letter: V;
(B) Category Z: bovine animals aged more than 8 months but not more
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 theEuropean Parliament and of the Council of 17 July 2000 establishing asystem 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. Regulation as last amended by Council Regulation
(EC) 1791/2006 (OJ L 363, 20.12.2006, p. 1).
III. Sales descriptions
1. The sale description is the name under which a foodstuff is sold,
within the meaning of Article 5(1) of Directive 2000/13/EC.
2. The meat of bovine animals aged 12 months or less 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 in category 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 kalvekød
Germany Kalbfleisch
Estonia vasikaliha
Greece μοσχάρι γάλακτος
Spain ternera blanca, carne de ternera
blanca
France veau, viande de veau
Ireland veal
Italy vitello, carne di vitello
Cyprus μοσχάρι γάλακτος▼M32007R1234 —EN—01.05.2010 —006.001 —223
IP/N/1/EU/G/1 
        - 225 -Country of marketing Sales descriptions to be used
Latvia teļag a ļa
Lithuania veršiena
Luxembourg veau, viande de veau/Kalbfleisch
Hungary borjúhús
Malta vitella
Netherlands kalfsvlees
Austria Kalbfleisch
Poland cielęcina
Portugal vitela
Romania carne de vi țel
Slovenia teletina
Slovakia teľacie mäso
Finland vaalea vasikanliha/ljust kalvkött
Sweden ljust kalvkött
United Kingdom veal
(B) For the meat of bovine animals in category Z:
Country of marketing Sales descriptions to be used
Belgium jeune bovin, viande de jeune
bovin/jongrundvlees/Jungrind-
fleisch
Bulgaria телешко месо
Czech Republic hovězí maso z mladého skotu
Denmark kalvekød
Germany Jungrindfleisch
Estonia noorloomaliha
Greece νεαρό μοσχάρι
Spain ternera, carne de ternera
France jeune bovin, viande de jeune
bovin
Ireland rosé veal
Italy vitellone, carne di vitellone
Cyprus νεαρό μοσχάρι
Latvia jaunlopa gaļ a
Lithuania jautiena
Luxembourg jeune bovin, viande de jeune
bovin/Jungrindfleisch
Hungary növendék marha húsa▼M32007R1234 —EN—01.05.2010 —006.001 —224
IP/N/1/EU/G/1 
        - 226 -Country of marketing Sales descriptions to be used
Malta vitellun
Netherlands rosé kalfsvlees
Austria Jungrindfleisch
Poland młoda wo łowina
Portugal vitelão
Romania carne de tineret bovin
Slovenia meso te žjih telet
Slovakia mäso z mladého dobytka
Finland vasikanliha/kalvkött
Sweden kalvkött
United Kingdom beef
3. The sales descriptions referred to in paragraph 2 may be supple-
mented by an indication of the name or designation of the pieces
of meat or offal concerned.
4. The sales descriptions listed for category V in point A of the table
set-out in paragraph 2 and any new name derived from those sales
descriptions shall only be used if all the requirements of this Annexare met.
In particular, the terms ‘veau’ ,‘telecí’,‘Kalb’,‘μοσχάρι ’,‘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.
IV. Compulsory information on the label
1. Without prejudice to Article 3(1) of Directive 2000/13/EC and
Articles 13, 14 and 15 of Regulation (EC) No 1760/2000, at each
stage of production and marketing, operators shall label the meat ofbovine animals aged 12 months or less with the following infor-mation:
▼C1
(a) the age of the animals on slaughter, indicated, as the case may
be, on the form ‘age on slaughter: up to 8 months ’in the case
of animals aged eight months or less, or ‘age on slaughter: from
8 to 12 months ’in the case of animals aged more than eight
months but not more than 12 months.
▼M3
(b) the sales description in accordance with point III of this Annex.
However, by way of derogation from point (a), operators may, at each
stage of production and marketing, except the release to the finalconsumer, replace the age on slaughter by the category identificationletter provided for in point II of this Annex.
2. In the case of the meat of bovine animals aged 12 months or less
presented for sale un-prepacked at the point of retail sale to the final
consumer, Member States shall lay down rules on how the infor-
mation referred to in paragraph 1 is to be indicated.
V. Optional information on the label
Operators may supplement the compulsory information referred to in
point IV by optional information approved in accordance with theprocedure provided for in Articles 16 or 17 of Regulation (EC)No 1760/2000.
VI. Recording
At each stage of production and marketing of the meat of bovine animals
aged 12 months or less, operators shall, in order to guarantee the accuracy
of labelling information referred to in points IV and V, record in particular
the following information:▼M32007R1234 —EN—01.05.2010 —006.001 —225
IP/N/1/EU/G/1 
        - 227 -(a) an indication of the identification number and the date of birth of the
animals, at slaughterhouse level only;
(b) an indication of 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 salesdescription, the age on slaughter and the category identification
letter given on the meat label;
(c) an indication of the date of arrival and departure of the animals and
meat in the establishment, to ensure that a correlation between
arrivals and departures is established.
VII. Official checks
1. Before 1 July 2008 Member States shall designate the competent
authority or authorities responsible for official checks performed to
verify the application of Article 113b and this Annex and inform theCommission thereof.
2. Official checks shall be carried out by the competent authority or
authorities in accordance with the general principles laid down inRegulation (EC) No 882/2004 of the European Parliament and ofthe Council of 29 April 2004 on official controls performed toensure the verification of compliance with feed and food law,
animal health and animal welfare rules (*).
3. The Commission shall, jointly with the competent authorities, ensure
that Member States are complying with the provisions of Article 113b
and this Annex.
4. 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 Article 113b and this Annex are being implemented.
5. Any Member State on whose territory checks are carried out shall
provide the Commission with all necessary assistance which it mayrequire for the accomplishment of its tasks.
___________
(*) OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Commission Regu-
lation (EC) No 180/2008 (OJ L 56, 29.2.2008, p. 4).
VIII. Meat imported from third countries
1. The meat of bovine animals aged 12 months or less imported from
third countries shall be marketed in the Community in accordance
with the provisions of Article 113b and this Annex.
2. Operators from a third country wishing to place on the Community
market meat as referred to in paragraph 1 shall subject their activities
to checks by the competent authority designated by that third country
or, failing that, an independent third-party body. The independentbody shall provide full assurance of compliance with the conditionslaid down in European Standard EN 45011 or ISO/IEC Guide 65
(General requirements for bodies operating product certification
systems).
3. The designated competent authority or, where applicable, the inde-
pendent third-party body shall ensure that the requirements ofArticle 113b and this Annex are met.
IX. Penalties
Without prejudice to any specific provisions which may be adopted by the
Commission in accordance with Article 194 of this Regulation, MemberStates shall lay down the rules on penalties applicable to infringements ofthe provisions of Article 113b and this Annex and shall take all measures
necessary to ensure that they are implemented. The penalties provided for
shall be effective, proportionate and dissuasive. The Member States shallnotify the provisions on the penalties to the Commission by 1 July 2009and shall notify it without delay of any subsequent amendment affecting
them.▼M32007R1234 —EN—01.05.2010 —006.001 —226
IP/N/1/EU/G/1 
        - 228 -ANNEX XIb
CATEGORIES OF GRAPEVINE PRODUCTS
1.Wine
Wine shall be 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 point
B of Annex XVa, 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 the Appendix to this Annex, and of notless 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 aprotected geographical indication, whether or not following application of
the processes specified in point B of Annex XVa, 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 enrichmentfrom certain wine-growing areas of the Community, to be decided by
the Commission in accordance with the procedure referred to in
Article 195(4),
—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 in
accordance with the procedure referred to in Article 195(4), a total aciditycontent, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6milliequivalents per litre.
‘Retsina ”shall be wine produced exclusively in the geographical territory of
Greece using grape must treated with resin from the Aleppo pine. The use ofAleppo 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) “Tokaji eszencia ”and“Tokajská esencia ’
are considered wine.
2.New wine still in fermentation
New wine still in fermentation shall be 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 shall be 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 inaccordance with the procedure referred to in Article 195(4);
(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 in so far as liqueur wines, to
be determined by the Commission in accordance with the procedure
referred to in Article 195(4), with a protected designation of origin ora protected geographical indication are concerned;
(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▼M102007R1234 —EN—01.05.2010 —006.001 —227
IP/N/1/EU/G/1 
        - 229 -protected geographical indication appearing on a list to be drawn up by the
Commission in accordance with the procedure referred to in Article 195(4);
(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 notless than 96 % volume,
—wine or dried grape distillate, having an actual alcoholic strength ofnot 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 upby the Commission in accordance with the procedure referred to in
Article 195(4):
(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 actualalcoholic 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
(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 definitionof 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 shall be 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 exclu-
sively 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 shall be the product:(a) which is obtained by first or second alcoholic fermentation:
—from fresh grapes,
—from grape must, or▼M102007R1234 —EN—01.05.2010 —006.001 —228
IP/N/1/EU/G/1 
        - 230 -—from wine;
(b) which, when the container is opened, releases carbon dioxide derived exclu-
sively 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 wines shall be the quality sparkling wine:
(a) which is obtained only by making use, when constituting the cuvée, of grape
must or grape must in fermentation which is derived from specific wine
grape varieties on a list to be drawn up by the Commission in accordance
with the procedure referred to in Article 195(4). Quality aromatic sparklingwines traditionally produced using wines when constituting the cuvée, shallbe determined by the Commission in accordance with the procedure referred
to in Article 195(4);
(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
oC 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.
Specific rules concerning other supplementary characteristics or conditions of
production and circulation shall be adopted by the Commission in accordance
with the procedure referred to in Article 195(4).
7.Aerated sparkling wine
Aerated sparkling wine shall be 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 shall be the product which:(a) is obtained from wine provided that such wine has a total alcoholic strength
of not less than 9 % volume;
(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 shall be the product which:(a) is obtained from wine;
(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 shall be 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.▼M102007R1234 —EN—01.05.2010 —006.001 —229
IP/N/1/EU/G/1 
        - 231 -11.Partially fermented grape must
Grape must in fermentation shall be 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 shall be the product
obtained from the partial fermentation 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 notbe less than 8 % volume. However, certain wines, to be determined by the
Commission in accordance with the procedure referred to in Article 195(4),
that meet these requirements shall not be considered as grape must in fermen-tation extracted from raisined grapes.
13.Concentrated grape must
Concentrated grape must shall be 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 usedin accordance with a method to be prescribed in accordance with Article 120g ata 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 shall be the liquid uncaramelised product
which:
(a) 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 in accordance with a method to be
prescribed in accordance with Article 120g at a temperature of 20 °C is
not less than 61,7 %;
(b) has undergone authorised treatment for de-acidification and elimination of
constituents other than sugar;
(c) 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 than0,100 in grape must concentrated 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 milliequivalents 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.
An actual alcoholic strength of the rectified concentrated grape must of not morethan 1 % volume is permissible.
15.Wine from raisined grapes
Wine from raisined grapes shall be 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▼M102007R1234 —EN—01.05.2010 —006.001 —230
IP/N/1/EU/G/1 
        - 232 -(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 shall be 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 shall be 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.▼M102007R1234 —EN—01.05.2010 —006.001 —231
IP/N/1/EU/G/1 
        - 233 -Appendix to Annex XIb
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
paragraph 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 countries;
(d) in the Czech Republic: the wine growing region of Čechy.
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-Saône,
—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 ofCosne-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 paragraph 1(d);
(e) in Slovakia, the areas planted with vines in the following regions: Malo-
karpatská vinohradnícka oblast, Ju žnoslovenská vinohradnícka oblast,
Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast,
Východoslovenská vinohradnícka oblast and the wine growing areas notincluded in paragraph 3(f);
(f) in Slovenia, the areas planted with vines in the following regions:
—in the Podravje region: Štajerska Slovenija, Prekmurje,
—in the Posavje region: Bizeljsko Sremi č, Dolenjska and Bela krajina,
and the areas planted with vines in the regions not included inparagraph 4(d);
(g) in Romania, in the area of Podi șul Transilvaniei.
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, Côte-d ’Or, Dordogne, Haute-Garonne,
Gers, Gironde, Isère (with the exception of the commune of Chapar-eillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère,
Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-
Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,
—in the arrondissements of Valence and Die in the department ofDrôme (except for the cantons of Dieulefit, Loriol, Marsanne andMontélimar),
—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-Rhône of the
department of Ardèche;▼M102007R1234 —EN—01.05.2010 —006.001 —232
IP/N/1/EU/G/1 
        - 234 -(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 Coruña, 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, Lourinhã, Mafra e Torres Vedras ”(with
the exception of ‘Freguesias da Carvoeira e Dois Portos ”), belonging to
the‘Região viticola da Extremadura ’,
(e) in Hungary, all areas planted with vines,
(f) in Slovakia, areas planted with vines in the Tokajská vinohradnícka
oblast,
(g) in Romania, areas planted with vines not included in paragraphs 2(g) or
4(f).
4. Wine-growing zone C II comprises:
(a) in France, areas planted with vines:
—in the following departments: Aude, Bouches-du-Rhône, 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 thenorthern 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-Drôme inthe department of Drôme,
—in those parts of the department of Ardèche not listed in paragraph
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 Elbaand 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,
—Ávila (except for the communes which correspond to the designatedwine ‘comarca ’of Cebreros), Burgos, León, Palencia, Salamanca,
Segovia, Soria, Valladolid, Zamora,
—La Rioja,
—Álava,
—Navarra,
—Huesca,
—Barcelona, Girona, Lleida,
—in that part of the province of Zaragoza which lies to the north of theriver Ebro,
—in those communes of the province of Tarragona included in thePenedés designation of origin,
—in that part of the province of Tarragona which corresponds to thedesignated wine ‘comarca ’of Conca de Barberá;
(d) in Slovenia, areas planted with vines in the following regions: Brda or
Gori ška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra;
(e) in Bulgaria, areas planted with vines in the following regions: Dunavska
Ravnina ( Дунавска равнина ), Chernomorski Rayon ( Черноморски
район), Rozova Dolina ( Розова долина );▼M102007R1234 —EN—01.05.2010 —006.001 —233
IP/N/1/EU/G/1 
        - 235 -(f) in Romania, areas planted with vines in the following regions: Dealurile
Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele
Dobrogei, Terasele Dun ării, the South wine region, including sands and
other favourable regions.
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 paragraph 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 aline bounded by the communes (which are themselves included) ofEvenos, 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 belongingto those regions, such as Pantelleria and the Lipari, Egadi and Pelagian
islands;
(c) in Greece, areas planted with vines not listed in paragraph 5(a);
(d) in Spain: areas planted with vines not included in paragraphs 3(c) or 4(c);(e) in Portugal, areas planted with vines in the regions not included in
paragraph 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.▼M102007R1234 —EN—01.05.2010 —006.001 —234
IP/N/1/EU/G/1 
        - 236 -ANNEX XII
DEFINITIONS AND DESIGNATIONS IN RESPECT OF MILK AND
MILK PRODUCTS REFERRED TO IN ARTICLE 114(1)
I.Definitions
For the purposes of this Annex:
(a)‘marketing ’means holding or display with a view to sale, offering for
sale, sale, delivery or any other manner of placing on the market;
(b)‘designation ’means the name used at all stages of marketing.
II.Use of the term ‘milk’
1. The term ‘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 Article 114(2) in conjunction
with Annex XIII;
(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 physicaltreatment or the modification in composition to which it has beensubjected, provided that the modification is restricted to an addition
and/or withdrawal of natural milk constituents.
2. For the purposes of this Annex, ‘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.
The following shall be reserved exclusively for milk products.
(a) the following designations:
(i) whey,
(ii) cream,(iii) butter,
(iv) buttermilk,
(v) butteroil,(vi) caseins,
(vii) anhydrous milkfat (AMF),
(viii) cheese,(ix) yogurt,
(x) kephir,
(xi) koumiss,(xii) viili/fil,
(xiii) smetana,
(xiv) fil;▼B2007R1234 —EN—01.05.2010 —006.001 —235
IP/N/1/EU/G/1 
        - 237 -(b) designations or names within the meaning of Article 5 of Directive
2000/13/EC of the European Parliament and of the Council of
20 March 2000 on the approximation of the laws of the MemberStates relating to the labelling, presentation and advertising of food-stuffs (
1), 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 compositeproducts of which no part takes or is intended to take the place ofany milk constituent and of which milk or a milk product is anessential part either in terms of quantity or for characterisation of the
product.
4. The origin of milk and milk products to be defined by the Commission
shall be stated if it is not bovine.
III.Use of designations in respect of competing products
1. The designations referred to in point II of this Annex 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 thedesignations are clearly used to describe a characteristic quality of theproduct.
2. In respect of a product other than those described in point II of this
Annex, no label, commercial document, publicity material or any form ofadvertising as defined in Article 2(1) of Council Directive 84/450/EECof 10 September 1984 concerning misleading and comparative adver-tising (
2) 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 point II (2) of this Annex may be used only todescribe the basic raw materials and to list the ingredients in accordance
with Directive 2000/13/EC.
IV.Lists of products; communications
1. Member States shall make available to the Commission an indicative list
of the products which they regard as corresponding in their territory to
the products referred to in the second subparagraph of point III(1).
Member States shall, where necessary, make additions to this list subse-
quently and inform the Commission thereof.
2. Each year before 1 October the Member States shall report to the
Commission on developments in the market in milk products andcompeting products in the context of the implementation of this Annex
so that the Commission is in a position to report to the Council by
1 March of the ensuing year.▼B2007R1234 —EN—01.05.2010 —006.001 —236
(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive 2003/89/EC (OJ
L 308, 25.11.2003, p. 15).
(2) OJ L 250, 19.9.1984, p. 17. Directive as last amended by Directive 2005/29/EC (OJ
L 149, 11.6.2005, p. 22).
IP/N/1/EU/G/1 
        - 238 -ANNEX XIII
MARKETING OF MILK FOR HUMAN CONSUMPTION REFERRED
TO IN ARTICLE 114(2)
I.Definitions
For the purposes of this Annex:
(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 of this Annex. Those descriptions shall be used only for the
products referred to in that point, without prejudice to their use incomposite descriptions.
3. Member States shall adopt measures to inform consumers of the nature
and composition of the products concerned where the absence of suchinformation is likely to cause confusion.
III.Drinking milk
1. The following products shall be considered as drinking milk:
(a) raw milk: milk which has not been heated above 40
oC 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 orremoval of milk fats or by mixture with milk the natural fatcontent 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).
▼M3
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 drinking milk provided that the fat content is clearly
indicated with one decimal and easily readable on the packagingin form of ‘…% fat ’. Such milk shall not be described as whole
milk, semi-skimmed milk or skimmed milk.
▼B
2. Without prejudice to point (b)(ii) of paragraph 1, only the following
modifications shall be allowed:
(a) in order to meet the fat contents laid down for drinking milk, modi-
fication of the natural fat content by the removal or addition of▼B2007R1234 —EN—01.05.2010 —006.001 —237
IP/N/1/EU/G/1 
        - 239 -cream or the addition of whole milk, semi-skimmed milk or
skimmed milk;
(b) enrichment of milk with milk proteins, mineral salts or vitamins;
(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 asregards nutrition labelling laid down by Council Directive90/496/EEC of 24 September 1990 on nutrition labeling for food-
stuffs (
1). 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 20oC 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 milkhaving a different fat content.
IV.Imported products
Products imported into the Community for sale as drinking milk shall comply
with this Regulation.
V. Directive 2000/13/EC shall apply, in particular as regards national provisions
on the labelling of drinking milk.
VI.Controls and penalties and their reporting
Without prejudice to any specific provisions which may be adopted by the
Commission in accordance with Article 194 of this Regulation, MemberStates shall adopt all appropriate measures to monitor the application of
this Regulation, penalise infringements and prevent and repress fraud.
Such measures and any amendments shall be notified to the Commission
during the month following their adoption.▼B2007R1234 —EN—01.05.2010 —006.001 —238
(1) OJ L 276, 6.10.1990, p. 40. Directive as last amended by Regulation (EC) No 1882/2003
(OJ L 284, 31.10.2003, p. 1).
IP/N/1/EU/G/1 
        - 240 -ANNEX XIV
MARKETING STANDARDS FOR PRODUCTS OF THE EGGS AND
POULTRYMEAT SECTORS REFERRED TO IN ARTICLE 116
A.Marketing standards for eggs of hens of the Gallus gallus species
I.Scope
1. Without prejudice to Part C of this Annex concerning the provisions on
the production and marketing of eggs for hatching and of farmyard
poultry chicks, this Part shall apply in relation to the marketing withinthe Community of the eggs produced in the Community, imported fromthird countries or intended for export outside the Community.
2. Member States may exempt from the requirements provided for in this
Part of this Annex, with the exception of point III(3), eggs sold directlyto 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 isapplied, no quality and weight grading may be used.
The Member State may establish, according to national law, the defi-
nition 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:
—Class A or ‘fresh’,
—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.
Class B eggs shall be marked with the producer code and/or with another
indication.
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 bemarked 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 theproducer are indicated at the point of sale.
IV.Import of eggs
1. The Commission, without the assistance of the Committee referred to in
Article 195(1), shall evaluate marketing standards for eggs applicable in
exporting third countries on request of the country concerned. This
evaluation shall extend to the rules on marking and labeling, farmingmethods and controls as well as implementation. If it finds that the rulesapplied offer sufficient guarantees as to equivalence with Community
legislation, eggs imported from the countries concerned shall be
marked with a distinguishing number equivalent to the producer code.
2. The Commission, without the assistance of the Committee referred to in
Article 195(1), shall, where necessary, conduct negotiations with third▼B2007R1234 —EN—01.05.2010 —006.001 —239
IP/N/1/EU/G/1 
        - 241 -countries aimed at finding appropriate ways of offering guarantees as
referred to in point 1 and concluding agreements on such guarantees.
3. If sufficient guarantees as to equivalence of rules are not provided,
imported eggs from the third country concerned shall bear a code
permitting the identification of the country of origin and the indicationthat the farming method is ‘unspecified ’.
B.Marketing standards for poultrymeat
I.Scope
▼M11
1. Without prejudice to Part C of this Annex concerning the provisions on
the production and marketing of eggs for hatching and of farmyardpoultry chicks, these provisions shall apply to the marketing, withinthe Community by way of business or trade, of certain types and presen-tations of poultrymeat, and poultrymeat or poultry offal preparations and
products, of the following species as set out in Part XX of Annex I:
—Gallus domesticus ,
—ducks,
—geese,
—turkeys,
—guinea fowls.
These provisions shall also apply to poultrymeat in brine falling within
CN code 0210 99 39 as referred to in Part XXI of Annex I.
▼B
2. This Part shall not apply:
(a) to poultrymeat for export from the Community;
(b) to delayed eviscerated poultry as referred to in Regulation (EC)
No 853/2004 of the European Parliament and of the Council of
29 April 2004 laying down specific hygiene rules for food ofanimal origin (
1).
3. Member States may derogate from the requirements of this Regulation in
cases of direct supply of small quantities of poultrymeat as referred to in
point (d) of Article 1(3) of Regulation (EC) No 853/2004 by a producer
with an annual production of under 10 000 birds.
II.Definitions
Without prejudice to further definitions to be laid down by the Commission
for the purpose of the application of this Part:
1.‘poultrymeat ’means poultrymeat suitable for human consumption, which
has not undergone any treatment other than cold treatment;
▼M11
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 minimumlength of time necessary for the cutting and handling of fresh poul-
trymeat performed in retail shops or in premises adjacent to sales
points, where the cutting and handling are performed solely for thepurpose 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;
▼B
4.‘quick-frozen poultrymeat ’means poultrymeat which is to be kept at a
temperature no higher than - 18oC at any time within the tolerances as
provided for in Council Directive 89/108/EEC of 21 December 1988 on▼B2007R1234 —EN—01.05.2010 —006.001 —240
(1) OJ L 139, 30.4.2004, p. 55. Corrected version in OJ L 226, 25.6.2004, p. 22. Regulation
as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).
IP/N/1/EU/G/1 
        - 242 -the approximation of the laws of the Member States relating to quick-
frozen foodstuffs for human consumption (1);
▼M11
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 tomodify 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 maylay down slightly different temperature requirements to be applied for theminimum 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 hasbeen used.
▼B
III.Quality and weight grading
1. Poultrymeat shall be graded by quality as either Class A or Class B
according to the conformation and appearance of the carcasses or cuts.
▼M11__________
▼B
This classification shall take account, in particular, of flesh development,
the presence of fat and the amount of damage and contusions.
2.►M11 Poultrymeat and poultrymeat preparations shall be marketed in
one of the following conditions: ◄
—fresh,
—frozen, or
—quick-frozen.
▼M11__________
▼B
C.Marketing standards for the production and marketing of eggs for
hatching and of farmyard poultry chicks
I.Scope
1. This Part shall apply in relation to the marketing and transport of eggs
for hatching and of chicks as well as the incubation of eggs for hatching
as regards trade within the Community or commercial purposes.
2. However, pedigree breeding and other breeding establishments with less
than 100 birds and hatcheries with a capacity of less than 1 000 eggs forhatching shall not be bound by this Part.
II.Marking and packing of eggs for hatching
1. Eggs for hatching, used for chick production, shall be marked indivi-
dually.
2. Eggs for hatching shall be transported in perfectly clean packs,
containing only eggs for hatching of the same species, category and
type of poultry, originating in one establishment.
3. The packing of eggs for hatching to be imported from third countries
shall contain only eggs for hatching of the same species, category andtype of poultry from the same country of origin and sender.
III.Packing of chicks
1. The chicks shall be packed by species, type and category of poultry.▼B2007R1234 —EN—01.05.2010 —006.001 —241
(1) OJ L 40, 11.2.1989, p. 51. Directive as last amended by Directive 2006/107/EC (OJ
L 363, 20.12.2006, p. 411).
IP/N/1/EU/G/1 
        - 243 -2. The boxes shall contain only chicks from the same hatchery and shall
show at least the distinguishing number of the hatchery.
3. Chicks originating in third countries may be imported only if they are
grouped in accordance with point 1. The boxes must contain only chicks
from the same country of origin and sender.▼B2007R1234 —EN—01.05.2010 —006.001 —242
IP/N/1/EU/G/1 
        - 244 -ANNEX XV
MARKETING STANDARDS APPLYING TO SPREADABLE FATS
REFERRED TO IN ARTICLE 115
I.Sales descriptions
1. The products referred to in Article 115 may not be supplied or trans-
ferred without processing to the ultimate consumer either directly or
through restaurants, hospitals, canteens or similar establishments,unless they meet the requirements set out in the Appendix.
2. The sales descriptions of these products shall be those specified in the
Appendix, without prejudice to point II(2) or point III(2) and (3) of thisAnnex.
The sales descriptions in the Appendix shall be reserved for the products
defined therein.
However, this paragraph 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.Labelling and presentation
1. In addition to the rules laid down in Directive 2000/13/EC, the following
information shall be indicated in the labeling and presentation of the
products referred to in point I(1) of this Annex:
(a) the sales description as defined in the Appendix;
(b) the total percentage fat content by weight at the time of production
for products referred to in the Appendix;
(c) the vegetable, milk or other animal fat content in decreasing order of
weighted importance as a percentage by total weight at the time of
production for compound fats referred to in the Part C of the
Appendix;
(d) the percentage salt content must be indicated in a particularly legible
manner in the list of ingredients for products referred to in theAppendix.
2. Notwithstanding paragraph 1(a) the sales descriptions ‘minarine ’or
‘halvarine ’may be used for products referred to in point 3 of Part B
of the Appendix.
3. The sales description referred to in point (a) of paragraph 1 may be used
together with one or more terms to define the plant and/or animal species
from which the products originate, or the intended use of the products aswell as with other terms concerning the production methods in so far assuch terms are not in contradiction with other Community provisions, in
particular with Council Regulation (EC) No 509/2006 of 20 March 2006
on agricultural products and foodstuffs as traditional specialities guar-anteed (
1).
Indications of geographical origin may also be used subject to CouncilRegulation (EC) No 510/2006 of 20 March 2006 on the protection ofgeographical indications and designations of origin for agriculturalproducts and foodstuffs (
2).
4. The term ‘vegetable ’may be used together with the sales descriptions in
Part B of the Appendix, 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 avegetable species.▼B2007R1234 —EN—01.05.2010 —006.001 —243
(1) OJ L 93, 31.3.2006, p. 1.
(2) OJ L 93, 31.3.2006, p. 12.
IP/N/1/EU/G/1 
        - 245 -5. The information referred to in paragraphs 1, 2 and 3 shall be easy to
understand and marked in a conspicuous place in such a way as to be
easily visible, clearly legible and indelible.
6. Special measures regarding the information referred to in points (a) and
(b) of paragraph 1 may be introduced by the Commission for certainforms of advertising.
III.Terminology
1. The term ‘traditional ’may be used together with the name ‘butter ’
provided for in point 1 of part A of the Appendix, 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 the Appendix 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:
(a) the term ‘reduced-fat ’may be used for products referred to in the
Appendix with a fat content of more than 41 % but not more than62 %;
(b) the terms ‘low-fat ’or‘light’may be used for products referred to in
the Appendix with a fat content of 41 % or less.
The term ‘reduced-fat ’and the terms ‘low-fat ’or‘light’may, however,
replace respectively the terms ‘three-quarter-fat ’or‘half-fat ’used in the
Appendix.
IV.National rules
1. Subject to the provisions of this Annex, Member States may adopt or
maintain national regulations laying down different quality levels. Such
regulations shall allow those quality levels to be assessed on the basis of
criteria relating in particular to the raw materials used, the organoleptic,characteristics of the products and their physical and microbiologicalstability.
Member States making use of this option shall ensure that other Member
States' products which comply with the criteria laid down by those
regulations may, under non-discriminatory conditions, use terms which,by virtue of those regulations, state that those criteria are complied with.
2. The sales descriptions referred to in point II(1)(a) may be supplemented
by a reference to the quality level peculiar to the product concerned.
3. Member States shall take the measures necessary to ensure that checks
are conducted on the application of all the criteria referred to in thesecond subparagraph of paragraph 1 for determining the quality levels.Regular and frequent checks shall extend up to the end product and must
be made by one or more bodies governed by public law and designated
by the Member State, or by an approved body supervised by the latter.Member States shall give the Commission a list of the bodies they havedesignated.
V.Imported products
Products imported into the Community must comply with the provisions set
out in this Annex in the cases referred to in point I(1).
VI.Penalties
Without prejudice to any specific provisions which may be adopted by the
Commission in accordance with Article 194, Member States shall specify the
effective penalties to be imposed in the case of breach of Article 115 and this
Annex and, where appropriate, the national measures relevant for its enfor-cement and inform the Commission thereof.▼B2007R1234 —EN—01.05.2010 —006.001 —244
IP/N/1/EU/G/1 
        - 246 -2007R1234 —EN—01.05.2010 —006.001 —245Appendix to Annex XV
Fat group
Sales descriptionProduct categories
DefinitionsAdditional description of the category with an indication of the % fat content by
weight
A. Milk fats
Products in the form of a solid, malleable emulsion, principally of the
water-in-oil type, derived exclusively from milk and/or certain milkproducts, for which the fat is the essential constituent of value.
However, other substances necessary for their manufacture may be
added, provided those substances are not used for the purpose ofreplacing, either in whole or in part, any milk constituents.1. Butter The product with a milk-fat content of not less than 80 % but less than
90 %, a maximum water content of 16 % and a maximum dry non-fat milk-material content of 2 %.
2. Three-quarter fat butter (*) The product with a milk-fat content of not less than 60 % but not more
than 62 %.
3. Half fat butter (**) The product with a milk-fat content of not less than 39 % but not more
than 41 %.
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
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
animal fats suitable for human consumption, with a milk-fat contentof not more than 3 % or the fat content.1. Margarine The product obtained from vegetable and/or animal fats with a fat content
of not less than 80 % but less than 90 %.
2. Three-quarter-fat
margarine (***)The product obtained from vegetable and/or animal fats with a fat contentof not less than 60 % but nor more than 62 %.
3. Half-fat margarine (****) The product obtained from vegetable and/or animal 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 %.▼B
IP/N/1/EU/G/1 
        - 247 -2007R1234 —EN—01.05.2010 —006.001 —246Fat group
Sales descriptionProduct categories
DefinitionsAdditional description of the category with an indication of the % fat content by
weight
C. Fats composed of plant and/or animal products
Products in the form of a solid, malleable emulsion principally of the
water-in-oil type, derived from solid and/or liquid vegetable and/oranimals fats suitable for human consumption, with a milk-fat contentof between 10 % and 80 % of the fat content.1. Blend The product obtained from a mixture of vegetable and/or animal fats with a
fat content of not less than 80 % but less than 90 %.
2. Three-quarter-fat
blend (*****)The product obtained from a mixture of vegetable and/or animal fats with afat content of not less than 60 % but not more than 62 %.
3. Half-fat blend (******) The product obtained from a mixture of vegetable and/or animal fats with a
fat content of not less than 39 % but not more than 41 %.
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 ‘smør 60 ’in Danish.
(**) corresponding to ‘smør 40 ’in Danish.
(***) corresponding to ‘margarine 60 ’in Danish.
(****) corresponding to ‘margarine 60 ’in Danish.
(*****) corresponding to ‘blandingsprodukt 60 ’in Danish.
(******) corresponding to ‘blandingsprodukt 40 ’in Danish.
Note: The milk-fat component of the products listed in this Appendix may be modified only by physical processes.▼B
IP/N/1/EU/G/1 
        - 248 -ANNEX XVa
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 Community referred to in the Appendix to
Annex XIb, the Member States concerned may allow to supplementthe 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 toArticle 120a(2).
2. The increase in natural alcoholic strength by volume shall be achieved
by means of the oenological practices referred to in point B and shall notexceed the following limits:
(a) 3 % volume in wine-growing zone A referred to in the Appendix to
Annex XIb;
(b) 2 % volume in wine-growing zone B referred to in the Appendix to
Annex XIb;
(c) 1,5 % volume in wine-growing zones C referred to in the Appendix
to Annex XIb.
3. In years when climatic conditions have been exceptionally unfavourable,
Member States may request that the limit(s) laid down in paragraph 2 be
raised by 0,5 %. In response to such a request, the Commission willpresent the draft legislative measure to the Management Committee
foreseen in Article 195(1) as soon as possible. The Commission will
endeavour to take a decision within four weeks after the request hasbeen lodged.
B. Enrichment processes
1. The increase in natural alcoholic strength by volume provided for in
point 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 paragraph 1 shall be mutually exclusive
where wine or grape must is enriched with concentrated grape must orrectified concentrated grape must and an aid is paid under Article 103y.
3. The addition of sucrose provided for in paragraph 1(a) and (b) may only
be performed by dry sugaring and only in the following areas:
(a) wine-growing zone A referred to in the Appendix to Annex XIb;
(b) wine-growing zone B referred to in the Appendix to Annex XIb;(c) wine-growing zone C referred to in the Appendix to Annex XIb,
with the exception of vineyards in Italy, Greece, Spain, Portugal,
Cyprus and vineyards in the French departments under jurisdiction
of the courts of appeal of:
—Aix-en-Provence,
—Nîmes,
—Montpellier,
—Toulouse,
—Agen,
—Pau,
—Bordeaux,
—Bastia.▼M102007R1234 —EN—01.05.2010 —006.001 —247
IP/N/1/EU/G/1 
        - 249 -However, enrichment by dry sugaring may be authorised by the national
authorities as an exception in the abovementioned French departments.
France shall notify the Commission and the other Member Statesforthwith 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 % inwine-growing zone B and 6,5 % in wine-growing zone C referred to inthe Appendix to Annex XIb.
5. The concentration of grape must or of wine subjected to the processes
referred to in paragraph 1:
(a) shall not have the effect of reducing the initial volume of these
products by more than 20 %;
(b) shall, notwithstanding point A(2)(c), not increase the natural
alcoholic strength of these products by more than 2 % volume.
6. The processes referred to in paragraphs 1 and 5 shall not raise the total
alcoholic strength of the fresh grapes, grape must, grape must in fermen-
tation, new wine still in fermentation, or wine:
(a) in wine-growing zone A referred to in the Appendix to Annex XIb
to more than 11,5 % volume;
(b) in wine-growing zone B referred to in the Appendix to Annex XIb to
more than 12 % volume;
(c) in wine-growing zone C I referred to in the Appendix to Annex XIb
to more than 12,5 % volume;
(d) in wine-growing zone C II referred to in the Appendix to Annex XIb
to more than 13 % volume; and
(e) in wine-growing zone C III referred to in the Appendix to Annex
XIb to more than 13,5 % volume.
7. By way of derogation from paragraph 6, Member States may:
(a) in relation to red wine, raise the upper limit of total alcoholic
strength of the products referred to in paragraph 6 to 12 %
volume in wine-growing zone A and 12,5 % volume in wine-
growing zone B referred to in the Appendix to Annex XIb;
(b) raise the total alcoholic strength by volume of the products referred
to in paragraph 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 referred to in
the Appendix to Annex XIb;
(b) acidification and de-acidification in wine-growing zones C I, C II
and C III (a) referred to in the Appendix to Annex XIb, without
prejudice to paragraph 7; or
(c) acidification in wine-growing zone C III (b) referred to in the
Appendix to Annex XIb.
2. Acidification of the products, other than wine, referred to in paragraph 1
may be carried out only up to a limit of 1,50 g/l expressed as tartaricacid, 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 milliequivalents 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 milliequivalents per litre.
5. Grape must intended for concentration may be partially de-acidified.
6. Notwithstanding paragraph 1, in years when climatic conditions have
been exceptional, Member States may authorise acidification of the
products referred to in paragraph 1 in wine-growing zones A and B,▼M102007R1234 —EN—01.05.2010 —006.001 —248
IP/N/1/EU/G/1 
        - 250 -referred to in the Appendix to Annex XIb, under the conditions referred
to in paragraphs 2 and 3.
7. Acidification and enrichment, except by way of derogation to be decided
by the Commission in accordance with the procedure referred to in
Article 195(4), and acidification and de-acidification of one and thesame product shall be mutually exclusive processes.
D. Processes
1. None of the processes referred to in points 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 Commissionin accordance with the procedure referred to in Article 195(4), 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 otherbeverage intended for direct human consumption referred to inArticle 1(1)(l) 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 thegrapes used to produce the wine in question were harvested.
4. Each of the processes referred to in paragraphs 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 grapemust 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 inaccordance with the procedure referred to in Article 195(4), at thesame 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 utili-sation register.
5. Each of the processes referred to in points B and C shall be recorded on
the accompanying document, as provided for in Article 185c, undercover of which the products having undergone the processes are putinto circulation.
6. Those processes, subject to derogations justified by exceptional climatic
conditions, shall not be carried out:
(a) in wine-growing zone C referred to in the Appendix to Annex XIb
after 1 January;
(b) in wine-growing zones A and B referred to in the Appendix to
Annex XIb after 16 March, and they shall be carried out only for
products of the grape harvest immediately preceding those dates.
7. Notwithstanding paragraph 6, concentration by cooling and acidification
and de-acidification of wines may be practised throughout the year.▼M102007R1234 —EN—01.05.2010 —006.001 —249
IP/N/1/EU/G/1 
        - 251 -ANNEX XVb
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 fermen-
tation 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 under CN codes 2204 10, 2204 21 and 2204 29. This is
without prejudice to any stricter provisions which Member States mayapply to the preparation in their territory of products which do not fallunder 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 theterritory of the Community.
3. The provisions of paragraphs 1 and 2 shall not apply to products
intended for the production, in the United Kingdom, Ireland and
Poland, of products falling within CN code 2206 00 for which
Member States may allow the use of a composite name, including thesales 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. Unless otherwise decided by the Council in accordance with the inter-
national obligations of the Community, fresh grapes, grape must, grape
must in fermentation, concentrated grape must, rectified concentrated
grape must, grape must with fermentation arrested by the addition ofalcohol, grape juice, concentrated grape juice and wine, or mixtures ofthose products, originating in third countries, may not be turned into
products referred to in Annex XIb or added to such products in the
territory of the Community.
C. Blending of wines
Unless otherwise decided by the Council in accordance with the interna-
tional obligations of the Community, coupage of a wine originating in a
third country with a Community wine and coupage between wines origi-
nating in third countries shall be prohibited in the Community.
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 thevolume 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 fromwine lees or grape marc. The pouring of wine onto lees or grape marcor pressed aszú pulp shall be allowed under conditions to be determined
by the Commission in accordance with the procedure referred to in
Article 195(4) where this practice is traditionally used for the productionof‘Tokaji fordítás ’and‘Tokaji máslás ’in Hungary and ‘Tokajský
forditá š’and‘Tokajský má šláš’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 as▼M102007R1234 —EN—01.05.2010 —006.001 —250
IP/N/1/EU/G/1 
        - 252 -pressing where the products obtained are of sound, genuine and
merchantable 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 bythe Commission in accordance with the procedure referred to inArticle 195(4).▼M102007R1234 —EN—01.05.2010 —006.001 —251
IP/N/1/EU/G/1 
        - 253 -ANNEX XVI
DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE
POMAGE OILS REFERRED TO IN ARTICLE 118
1. VIRGIN OLIVE OILS
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 solventsor using adjuvants having a chemical or biochemical action, or by re-ester-
ification process and any mixture with oils of other kinds.
Virgin olive oils are exclusively classified and described as follows:(a)Extra virgin olive oilVirgin 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 thoselaid down for this category.
(b)Virgin olive oil
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 thoselaid down for this category.
(c)Lampante olive oil
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 for this category.
2. REFINED OLIVE OIL
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 othercharacteristics of which comply with those laid down for this category.
3. OLIVE OIL —COMPOSED OF REFINED OLIVE OILS AND VIRGIN
OLIVE OILS
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 for this category.
4. CRUDE OLIVE-POMACE OIL
Oil obtained from olive pomace by treatment with solvents or by physical
means or oil corresponding to lampante olive oil, except for certain specifiedcharacteristics, 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 for this category.
5. REFINED OLIVE-POMACE OIL
Oil obtained by refining crude olive-pomace oil, having free acidity contentexpressed as oleic acid, of not more than 0,3 g per 100 g, and the other
characteristics of which comply with those laid down for this category.
6. OLIVE-POMACE OIL
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 whichcomply with those laid down for this category.▼B2007R1234 —EN—01.05.2010 —006.001 —252
IP/N/1/EU/G/1 
        - 254 -ANNEX XVIa
EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-
MEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND
ARTICLE 125L
1.Rules on production information
(a) notification of growing intentions, by product and where appropriate by
variety;
(b) notification of sowings and plantings;(c) notification of total areas grown, by product and if possible variety;(d) notification of anticipated tonnages and probable cropping dates by
product and if possible variety;
(e) periodic notification of quantities cropped and available stocks, by
variety;
(f) information on storage capacities.
2.Production rules(a) choice of seed to be used according to intended destination (fresh
market/industrial processing);
(b) thinning in orchards.
3.Marketing rules(a) specified dates for commencement of cropping, staggering of marketing;(b) minimum quality and size requirements;(c) preparation, presentation, packaging and marking at first marketing
stage;
(d) indication of product origin.
4.Rules on the protection of the environment(a) use of fertiliser and manure;(b) use of plant-health products and other crop protection methods;(c) maximum residue content in fruit and vegetables of plant-health
products and fertilisers;
(d) rules on disposal of by-products and used material;(e) rules concerning products withdrawn from the market.
5.Rules on promotion and communication in the context of crisis
prevention and management as referred to in Article 103c(2)(c).▼M32007R1234 —EN—01.05.2010 —006.001 —253
IP/N/1/EU/G/1 
        - 255 -ANNEX XVII
IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 137 AND
139
1. Import duties for husked rice
(a) EUR 30 per tonne in the following cases:
(i) where it is noted that the imports of husked rice made over the
course of the marketing year just ended did not reach the annual
reference quantity referred to in the first subparagraph of
Article 137(3), less 15 %;
(ii) where it is noted that the imports of husked rice made over the
course of the first six months of the marketing year do not reach thepartial reference quantity referred to in the second subparagraph of
Article 137(3), less 15 %;
(b) EUR 42,5 per tonne in the following cases:
(i) where it is noted that the imports of husked rice made over the
course of the marketing year just ended exceed the annual reference
quantity referred to in the first subparagraph of Article 137(3), less
15 %, but do not exceed that same annual reference quantity plus
15 %;
(ii) where it is noted that the imports of husked rice made in the first
six months of the marketing year exceed the partial referencequantity referred to in the second subparagraph of Article 137(3),
less 15 %, but do not exceed that same partial reference quantity
plus 15 %;
(c) EUR 65 per tonne in the following cases:
(i) where it is noted that the imports of husked rice made over the
course of the marketing year just ended exceed the annual reference
quantity referred to in the first subparagraph of Article 137(3), plus
15 %;
(ii) where it is noted that the imports of husked rice made over the
course of the first six months of the marketing year exceed the
partial reference quantity referred to in the second subparagraph
of Article 137(3), plus 15 %.
2. Import duties for milled rice
(a) EUR 175 per tonne in the following cases:
(i) where it is noted that imports of semi-milled and wholly milled rice
during the marketing year just ended exceed 387 743 tonnes;
(ii) where it is noted that imports of semi-milled and wholly milled rice
during the first six months of the marketing year exceed 182 239
tonnes;
(b) EUR 145 per tonne in the following cases:
(i) where it is noted that imports of semi-milled and wholly milled rice
during the marketing year just ended do not exceed 387 743 tonnes;
(ii) where it is noted that imports of semi-milled and wholly milled rice
during the first six months of the marketing year do not exceed182 239 tonnes.▼B2007R1234 —EN—01.05.2010 —006.001 —254
IP/N/1/EU/G/1 
        - 256 -ANNEX XVIII
VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 138
Basmati 217
Basmati 370Basmati 386Kernel (Basmati)Pusa BasmatiRanbir BasmatiSuper Basmati
Taraori Basmati (HBC-19)
Type-3 (Dehradun)▼B2007R1234 —EN—01.05.2010 —006.001 —255
IP/N/1/EU/G/1 
        - 257 -ANNEX XIX
STATES REFERRED TO IN ARTICLES 153(3) AND 154(1)(b) AND IN
POINT 12 OF PART II OF ANNEX III
Barbados
BelizeCôte d'IvoireRepublic of the Congo
Fiji
GuyanaIndiaJamaicaKenyaMadagascarMalawiMauritiusMozambiqueSaint Kitts and Nevis —Anguilla
Suriname
Swaziland
TanzaniaTrinidad and TobagoUgandaZambiaZimbabwe▼B2007R1234 —EN—01.05.2010 —006.001 —256
IP/N/1/EU/G/1 
        - 258 -ANNEX XX
LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGG
SECTORS FOR THE PURPOSE OF ARTICLE 26(a)(ii) AND FOR THE
GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II
OF CHAPTER III OF PART III
Part I: Cereals
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yogurt,
kephir and other fermented or acidified milk
and cream, whether or not concentrated orcontaining added sugar or other sweetening
matter or flavoured or containing added fruit,
nuts or cocoa:
0403 10 –Yoghurt:
0403 10 51 to0403 10 99––Flavoured or containing added fruit, nuts orcocoa
0403 90 –Other:
0403 90 71 to0403 90 99––Flavoured or containing added fruit, nuts orcocoa
ex 0710 Vegetables (uncooked or cooked by steaming or
boiling in water), frozen:
0710 40 00 –Sweetcorn
ex 0711 Vegetables provisionally preserved (for example,
by sulphur dioxide gas, in brine, in sulphur wateror in other preservative solutions), but unsuitablein that state for immediate consumption:
0711 90 30 –Sweetcorn
ex 1704 Sugar confectionery (including white chocolate),
not containing cocoa, except liquorice extract ofsubheading 1704 90 10
1806 Chocolate and other food preparations containing
cocoa
ex 1901 Malt extract; food preparations of flour, groats,
meal, starch or malt extract, not containing cocoaor containing less than 40 % by weight of cocoacalculated on a totally defatted basis, not
elsewhere specified or included; food
preparations of goods of headings 0401 to0404, not containing cocoa or containing lessthan 5 % by weight of cocoa calculated on a
totally defatted basis, not elsewhere specified or
included:
1901 10 00 –Preparations for infant use, put up for retailsale
1901 20 00 –Mixes and doughs for the preparation ofbakers' wares of heading 1905
1901 90 –Other:
1901 90 11 to1901 90 19––Malt extract
––Other:
1901 90 99 ––– Other▼B2007R1234 —EN—01.05.2010 —006.001 —257
IP/N/1/EU/G/1 
        - 259 -CN code Description
ex 1902 Pasta, whether or not cooked or stuffed (with
meat or other substances) or otherwise
prepared, such as spaghetti, macaroni, noodles,
lasagne, gnocchi, ravioli, cannelloni; couscous,whether or not prepared:
–Uncooked pasta, not stuffed or otherwise
prepared:
1902 11 00 ––Containing eggs
1902 19 ––Other
ex 1902 20 –Stuffed pasta, whether or not cooked or
otherwise prepared:
––Other:
1902 20 91 ––– Cooked
1902 20 99 ––– Other
1902 30 –Other pasta
1902 40 –Couscous
1903 00 00 Tapioca and substitutes therefor prepared from
starch, in the form of flakes, grains, pearls,siftings or similar forms
1904 Prepared foods obtained by the swelling or
roasting of cereals or cereal products (for
example, corn flakes); cereals (other thanmaize(corn)) in grain form or in the form offlakes or other worked grains (except flour,
groats and meal), pre-cooked or otherwise
prepared, not elsewhere specified or included:
1905 Bread, pastry, cakes, biscuits and other bakers'
wares, whether or not containing cocoa;communion wafers, empty cachets of a kindsuitable for pharmaceutical use, sealing wafers,
rice paper and similar products
ex 2001 Vegetables, fruit, nuts and other edible parts of
plants, prepared or preserved by vinegar or acetic
acid:
–Other:
2001 90 30 ––Sweetcorn ( Zea mays var. saccharata )
2001 90 40 ––Yams, sweet potatoes and similar edible
parts of plants containing 5 % or more by
weight of starch
ex 2004 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, frozen, other than
products of heading 2006:
2004 10 –Potatoes:
––Other:
2004 10 91 ––– In the form of flour, meal or flakes
2004 90 –Other vegetables and mixtures of vegetables:
2004 90 10 ––Sweetcorn ( Zea mays var. saccharata )
ex 2005 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen, otherthan products of heading 2006:▼B2007R1234 —EN—01.05.2010 —006.001 —258
IP/N/1/EU/G/1 
        - 260 -CN code Description
2005 20 –Potatoes:
2005 20 10 ––In the form of flour, meal or flakes
2005 80 00 –Sweetcorn ( Zea mays var. saccharata )
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 orincluded:
–Other, including mixtures other than those of
subheading 2008 19:
2008 99 ––Other:
––– Not containing added spirit:
–––– Not containing added sugar:
2008 99 85 ––––– Maize (corn), other than sweetcorn(Zea mays var. saccharata )
2008 99 91 ––––– Yams, sweet potatoes and similaredible parts of plants, containing5 % or more by weight of starch
ex 2101 Extracts, essences and concentrates, of coffee,
tea or maté and preparations with a basis ofthese products or with a basis of coffee, tea or
maté; roasted chicory and other roasted coffee
substitutes, and extracts, essences and concen-trates thereof:
2101 12 ––Preparations with a basis of these extracts,essences or concentrates or with a basis ofcoffee:
2101 12 98 ––– Other
2101 20 –Extracts, essences and concentrates, of tea ormaté, and preparations with a basis of these
extracts, essences or concentrates, or with a
basis of tea or maté:
2101 20 98 ––– Other
2101 30 Roasted chicory and other roasted coffee
substitutes, and extracts, essences and concen-trates thereof:
––Roasted chicory and other roasted coffee
substitutes:
2101 30 19 ––– Other
––Extracts, essences and concentrates of
roasted chicory and other roasted coffee
substitutes:
2101 30 99 ––– Other
ex 2102 Yeasts (active or inactive); other single-cell
micro-organisms, dead (but not includingvaccines of heading 3002); prepared baking
powders:
2102 10 –Active yeasts
2102 10 31 and
2102 10 39––Bakers' yeast
2105 00 Ice cream and other edible ice, whether or not
containing cocoa
ex 2106 Food preparations not elsewhere specified or
included:▼B2007R1234 —EN—01.05.2010 —006.001 —259
IP/N/1/EU/G/1 
        - 261 -CN code Description
2106 90 –Other:
––Other:
2106 90 92 ––– Containing no milkfats, sucrose,
isoglucose, glucose or starch orcontaining, by weight, less than 1,5 %milkfat, 5 % sucrose or isoglucose, 5 %
glucose or starch
2106 90 98 ––– Other
2202 Waters, including mineral waters and aerated
water, containing added sugar or other
sweetening matter or flavoured, and other non-
alcoholic beverages, not including fruit or
vegetable juices of heading 2009
2205 Vermouth and other wine or fresh grapes
flavoured with plants or aromatic substances
ex 2208 Undenatured ethyl alcohol of an alcoholic
strength by volume of less than 80 % vol;
spirits, liqueurs and other spirit drinks:
2208 30 –Whiskies:
2208 30 32 to
2208 30 88––Other than Bourbon whiskey
2208 50 –Gin and Geneva
2208 60 –Vodka
2208 70 –Liqueurs and cordials
2208 90 –Other:
––Other spirits and other spirit drinks, incontainers holding:
––– 2 litres or less:
2208 90 41 –––– Ouzo
–––– Other:
––––– Spirits (excluding liqueurs):
–––––– Other:
2208 90 52 ––––––– Korn
2208 90 54 ––––––– Tequila
2208 90 56 ––––––– Other
2208 90 69 ––––– Other spirit drinks
––– More than 2 litres:
–––– Spirits (excluding liqueurs):
2208 90 75 ––––– Tequila
2208 90 77 ––––– Other
2208 90 78 –––– Other spirit drinks
2905 43 00 ––Mannitol
2905 44 ––D-glucitol (sorbitol)▼B2007R1234 —EN—01.05.2010 —006.001 —260
IP/N/1/EU/G/1 
        - 262 -CN code Description
ex 3302 Mixtures of odoriferous substances and mixtures
(including alcoholic solutions) with a basis of
one or more of these substances, of a kind
used as raw materials in industry; other
preparations based on odoriferous substances,of a kind used for the manufacture of beverages:
3302 10 –Of a kind used in the food or drink industries:
––Of a kind used in the drink industries:
––– Preparations containing all flavouringagents characterising a beverage:
–––– Other:
3302 10 29 ––––– Other
3505 Dextrins and other modified starches (for
example, pregelatinised or esterified starches);glues based on starches, or on dextrins or othermodified starches
ex 3809 Finishing agents, dye carriers to accelerate the
dyeing or fixing of dyestuffs and other
products and preparations (for example,
dressings and mordants), of a kind used in thetextile, paper, leather or like industries, notelsewhere specified or included:
3809 10 –With a basis of amylaceous substances
3824 60 –Sorbitol other than that of subheading 2905 44
Part II: Rice
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yoghurt,
kephir and other fermented or acidified milk
and cream, whether or not concentrated or
containing added sugar or other sweeteningmatter or flavoured or containing added fruit,nuts or cocoa:
0403 10 –Yoghurt:
0403 10 51 to0403 10 99––Flavoured or containing added fruit, nuts orcocoa
0403 90 –Other:
0403 90 71 to0403 90 99––Flavoured or containing added fruit, nuts orcocoa
ex 1704 Sugar confectionery (including white chocolate),
not containing cocoa:
1704 90 51 to1704 90 99––Other
ex 1806 Chocolate and other food preparations containing
cocoa, except goods of subheadings 1806 10,1806 20 70, 1806 90 60, 1806 90 70 and1806 90 90▼B2007R1234 —EN—01.05.2010 —006.001 —261
IP/N/1/EU/G/1 
        - 263 -CN code Description
ex 1901 Malt extract; food preparations of flour, groats,
meal, starch or malt extract, not containing cocoa
or containing less than 40 % by weight of cocoacalculated on a totally defatted basis, notelsewhere specified or included; food
preparations of goods of headings 0401 to
0404, not containing cocoa or containing lessthan 5 % by weight of cocoa calculated on atotally defatted basis, not elsewhere specified or
included:
1901 10 00 –Preparations for infant use, put up for retail
sale
1901 20 00 –Mixes and doughs for the preparation ofbakers' wares of heading 1905
1901 90 –Other:
1901 90 11 to1901 90 19––Malt extract
––Other:
1901 90 99 ––– Other
ex 1902 Pasta, whether or not cooked or stuffed (with
meat or other substances) or otherwiseprepared, such as spaghetti, macaroni, noodles,lasagne, gnocchi, ravioli, cannelloni; couscous,whether or not prepared:
1902 20 –Stuffed pasta, whether or not cooked orotherwise prepared:
––Other
1902 20 91 ––– Cooked
1902 20 99 ––– Other
1902 30 –Other pasta
1902 40 –Couscous:
1902 40 90 ––Other
1904 Prepared foods obtained by the swelling or
roasting of cereals or cereal products (forexample, corn flakes); cereals (other than maize(corn)) in grain form or in the form of flakes or
other worked grains (except flour, groats and
meal), pre-cooked or otherwise prepared, notelsewhere specified or included
ex 1905 Bread, pastry, cakes, biscuits and other bakers'
wares, whether or not containing cocoa;communion wafers, empty cachets of a kindsuitable for pharmaceutical use, sealing wafers,rice paper and similar products:
1905 90 20 ––Communion wafers, empty cachets of a kind
suitable for pharmaceutical use, sealing
wafers, rice paper and similar products
ex 2004 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, frozen, other than
products of heading 2006:▼B2007R1234 —EN—01.05.2010 —006.001 —262
IP/N/1/EU/G/1 
        - 264 -CN code Description
2004 10 –Potatoes:
––Other:
2004 10 91 ––– In the form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen, other
than products of heading 2006:
2005 20 –Potatoes:
2005 20 10 ––In the form of flour, meal or flakes
ex 2101 Extracts, essences and concentrates, of coffee,
tea or mate and preparations with a basis of
these products or with a basis of coffee, tea or
maté; roasted chicory and other roasted coffeesubstitutes, and extracts, essences and concen-trates thereof:
2101 12 ––Preparations with a basis of these extracts,
essences or concentrates or with a basis of
coffee:
2101 12 98 ––– Other
2101 20 –Extracts, essences and concentrates, of tea ormaté, and preparations with a basis of these
extracts, essences or concentrates, or with a
basis of tea or maté:
2101 20 98 ––– Other
2105 00 Ice cream and other edible ice, whether or not
containing cocoa
ex 2106 Food preparations not elsewhere specified or
included:
2106 90 –Other:
––Other:
2106 90 92 ––– Containing no milkfats, sucrose,isoglucose, glucose or starch orcontaining, by weight, less than 1,5 %milkfat, 5 % sucrose or isoglucose, 5 %
glucose or starch
2106 90 98 ––– Other
ex 3505 Dextrins and other modified starches (for
example, pregelatinised or esterified starches);
glues based on starches, or on dextrins or other
modified starches, except starches of subheading
3505 10 50
ex 3809 Finishing agents, dye carriers to accelerate the
dyeing or fixing of dyestuffs and otherproducts and preparations (for example,
dressings and mordants), of a kind used in the
textile, paper, leather or like industries, notelsewhere specified or included:
3809 10 –With a basis of amylaceous substances▼B2007R1234 —EN—01.05.2010 —006.001 —263
IP/N/1/EU/G/1 
        - 265 -Part III: Sugar
CN code Description
ex 0403 Buttermilk, curdled milk and cream, yogurt,
kephir and other fermented or acidified milk
and cream, whether or not concentrated or
containing added sugar or other sweetening
matter or flavoured or containing added fruit,nuts or cocoa:
0403 10 –Yogurt:
0403 10 51 to0403 10 99––Flavoured or containing added fruit, nuts orcocoa
0403 90 –Other:
0403 90 71 to
0403 90 99––Flavoured or containing added fruit, nuts orcocoa
ex 0710 Vegetables (uncooked or cooked by steaming or
by boiling in water), frozen:
0710 40 00 –Sweetcorn
ex 0711 Vegetables provisionally preserved (for example,
by sulphur dioxide gas, in brine, in sulphur water
or in other preservative solutions), but unsuitablein that state for immediate consumption:
0711 90 –Other vegetables; mixtures of vegetables:
––Vegetables:
0711 90 30 ––– Sweetcorn
1702 50 00 –Chemically pure fructose
ex 1704 Sugar confectionery (including white chocolate),
not containing cocoa, except liquorice extract ofsubheading 1704 90 10
1806 Chocolate and other food preparations containing
cocoa
ex 1901 Malt extract; food preparations of flour, groats,
meal, starch or malt extract, not containing cocoaor containing less than 40 % by weight of cocoacalculated on a totally defatted basis, notelsewhere specified or included; food
preparations of goods of headings 0401 to
0404, not containing cocoa or containing lessthan 5 % by weight of cocoa calculated on atotally defatted basis, not elsewhere specified or
included:
1901 10 00 –Preparations for infant use, put up for retail
sale
1901 20 00 –Mixes and doughs for the preparation of
bakers' wares of heading 1905
1901 90 –Other:
––Other:
1901 90 99 ––– Other
ex 1902 Pasta, whether or not cooked or stuffed (with
meat or other substances) or otherwise
prepared, such as spaghetti, macaroni, noodles,lasagne, gnocchi, ravioli, cannelloni; couscous,
whether or not prepared:▼B2007R1234 —EN—01.05.2010 —006.001 —264
IP/N/1/EU/G/1 
        - 266 -CN code Description
1902 20 –Stuffed pasta, whether or not cooked or
otherwise prepared:
––Other:
1902 20 91 ––– Cooked
1902 20 99 ––– Other
1902 30 –Other pasta
1902 40 –Couscous:
1902 40 90 ––Other
1904 Prepared foods obtained by the swelling or
roasting of cereals or cereal products (for
example, corn flakes); cereals (other than maize
(corn)) in grain form or in the form of flakes orother worked grains (except flour, groats andmeal), pre-cooked or otherwise prepared, not
elsewhere specified or included
ex 1905 Bread, pastry, cakes, biscuits and other bakers'
wares, whether or not containing cocoa;communion wafers, empty cachets of a kind
suitable for pharmaceutical use, sealing wafers,rice paper and similar products:
1905 10 00 –Crispbread
1905 20 –Gingerbread and the like
1905 31 ––Sweet biscuits
1905 32 ––Waffles and wafers
1905 40 –Rusks, toasted bread and similar toastedproducts
1905 90 –Other:
––Other:
1905 90 45 ––– Biscuits
1905 90 55 ––– Extruded or expanded products, savouryor salted
––– Other:
1905 90 60 –––– With added sweetening matter
1905 90 90 –––– Other
ex 2001 Vegetables, fruit, nuts and other edible parts of
plants, prepared or preserved by vinegar or aceticacid:
2001 90 –Other:
2001 90 30 ––Sweetcorn ( Zea mays var. saccharata )
2001 90 40 ––Yams, sweet potatoes and similar edibleparts of plants containing 5 % or more byweight of starch
ex 2004 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, frozen, other thanproducts of heading 2006:▼B2007R1234 —EN—01.05.2010 —006.001 —265
IP/N/1/EU/G/1 
        - 267 -CN code Description
2004 10 –Potatoes
––Other
2004 10 91 ––– In the form of flour, meal or flakes
2004 90 –Other vegetables and mixtures of vegetables:
2004 90 10 ––Sweetcorn ( Zea mays var. saccharata )
ex 2005 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen, other
than products of heading 2006):
2005 20 –Potatoes:
2005 20 10 ––In the form of flour, meal or flakes
2005 80 00 –Sweetcorn ( Zea mays var. saccharata )
ex 2101 Extracts, essences and concentrates, of coffee,
tea or mate and preparations with a basis of
these products or with a basis of coffee, tea ormaté; roasted chicory and other roasted coffeesubstitutes, and extracts, essences and concen-
trates thereof:
–Extracts, essences and concentrates, of coffee
and preparations with a basis of these extracts,essences or concentrates or with a basis of
coffee:
2101 12 ––– Preparations with a basis of these extracts,
essences or concentrates or with a basis ofcoffee:
2101 12 98 –––– Other:
2101 20 –Extracts, essences and concentrates, of tea ormaté, and preparations with a basis of theseextracts, essences or concentrates, or with abasis of tea or mate:
––– Preparations
2101 20 98 –––– Other
2101 30 –Roasted chicory and other roasted coffeesubstitutes, and extracts, essences and concen-
trates thereof:
––Roasted chicory and other roasted coffee
substitutes:
2101 30 19 ––– Other
––Extracts, essences and concentrates of
roasted chicory and other roasted coffee
substitute:
2101 30 99 ––– Other
2105 00 Ice cream and other edible ice, whether or not
containing cocoa
ex 2106 Food preparations not elsewhere specified or
included:▼B2007R1234 —EN—01.05.2010 —006.001 —266
IP/N/1/EU/G/1 
        - 268 -CN code Description
ex 2106 90 –Other:
––Other:
2106 90 92 ––– Containing no milk-fats, sucrose,
isoglucose, glucose or starch or
containing, by weight, less than 1,5 %
milk-fat, 5 % sucrose or isoglucose, 5 %glucose or starch
2106 90 98 ––– Other
2202 Waters, including mineral waters and aerated
waters, containing added sugar or othersweetening matter or flavoured, and other non-
alcoholic beverages, not including fruit or
vegetable juices of heading 2009
2205 Vermouth and other wine of fresh grapes
flavoured with plants or aromatic substances
ex 2208 Undenatured ethyl alcohol of an alcoholic
strength by volume of less than 80 % vol;spirits, liqueurs and other spirit drinks:
2208 20 –Spirits obtained by distilling grape wine orgrape marc
ex 2208 50 –Geneva
2208 70 –Liqueurs and cordials
ex 2208 90 –Other
2208 90 41 to
2208 90 78––Other spirits and spirit drinks
2905 43 00 ––Mannitol
2905 44 –D-glucitol (sorbitol)
ex 3302 Mixtures of odoriferous substances and mixtures
(including alcoholic solutions) with a basis of
one or more of these substances, of a kindused as raw materials in industry; other
preparations based on odoriferous substances,
of a kind used for the manufacture of beverages:
3302 10 –Of a kind used in the food or drink industries
––Of a kind used in the drink industries:
––– Preparations containing all flavouringagents characterising a beverage:
––––– Other (of an actual alcoholic strengthby volume not exceeding 0,5 %)
3302 10 29 ––––– Other
ex Chapter 38 Miscellaneous chemical products:
3824 60 –Sorbitol other than that of subheading 2905 44▼B2007R1234 —EN—01.05.2010 —006.001 —267
IP/N/1/EU/G/1 
        - 269 -Part IV: Milk
CN code Description
ex 0405 Butter and other fats and oils derived from milk;
dairy spreads:
0405 20 –Dairy spreads:
0405 20 10 ––Of a fat content, by weight, of 39 % or more
but less than 60 %
0405 20 30 ––Of a fat content, by weight, of 60 % or morebut not exceeding 75 %
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 thanedible fats or oils or their fractions of heading1516:
1517 10 –Margarine, excluding liquid margarine:
1517 10 10 ––Containing, by weight, more than 10 % butnot more than 15 % of milkfats
1517 90 –Other:
1517 90 10 ––Containing, by weight, more than 10 % butnot more than 15 % of milkfats
ex 1704 Sugar confectionery (including white chocolate),
not containing cocoa:
ex 1704 90 –Other, excluding liquorice extract containingmore than 10 % by weight of sucrose butnot containing other added substances
ex 1806 Chocolate and other food preparations containing
cocoa, excluding cocoa powder sweetened solely
by the addition of sucrose of subheading
ex 1806 10
ex 1901 Malt extract; food preparations of flour, groats,
meal, starch or malt extract, not containing cocoaor containing less than 40 % by weight of cocoacalculated on a totally defatted basis, not
elsewhere specified or included; food
preparations of goods of headings 0401 to0404, not containing cocoa or containing lessthan 5 % by weight of cocoa calculated on a
totally defatted basis, not elsewhere specified or
included:
1901 10 00 –Preparations for infant use, put up for retailsale
1901 20 00 –Mixes and doughs for the preparation ofbakers' wares of heading 1905▼B2007R1234 —EN—01.05.2010 —006.001 —268
IP/N/1/EU/G/1 
        - 270 -CN code Description
1901 90 –Other:
––Other:
1901 90 99 ––– Other
ex 1902 Pasta, whether or not cooked or stuffed (with
meat or other substances) or otherwise
prepared, such as spaghetti, macaroni, noodles,lasagne, gnocchi, ravioli, cannelloni; couscous,whether or not prepared:
–Uncooked pasta, not stuffed or otherwise
prepared:
1902 19 ––Other
1902 20 –Stuffed pasta, whether or not cooked or
otherwise prepared:
––Other:
1902 20 91 ––– Cooked
1902 20 99 ––– Other
1902 30 –Other pasta
1902 40 –Couscous:
1902 40 90 ––Other
1904 Prepared foods obtained by the swelling or
roasting of cereals or cereal products (forexample, corn flakes); cereals (other than maize
(corn)) in grain form or in the form of flakes or
other worked grains (except flour, groats andmeal), pre-cooked or otherwise prepared, notelsewhere specified or included
ex 1905 Bread, pastry, cakes, biscuits and other bakers'
wares, whether or not containing cocoa;communion wafers, empty cachets of a kindsuitable for pharmaceutical use, sealing wafers,rice paper and similar products:
1905 10 00 Crispbread
1905 20 –Gingerbread and the like
–Sweet biscuits; waffles and wafers:
1905 31 ––Sweet biscuits
1905 32 ––Waffles and wafers
1905 40 –Rusks, toasted bread and similar toasted
products
1905 90 –Other:
––Other:
1905 90 45 ––– Biscuits
1905 90 55 ––– Extruded or expanded products, savoury
or salted
––– Other:
1905 90 60 –––– with added sweetening matter
1905 90 90 –––– Other▼B2007R1234 —EN—01.05.2010 —006.001 —269
IP/N/1/EU/G/1 
        - 271 -CN code Description
ex 2004 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, frozen, other than
products of heading 2006:
2004 10 –Potatoes:
––Other:
2004 10 91 ––– In the form of flour, meal or flakes
ex 2005 Other vegetables prepared or preserved otherwise
than by vinegar or acetic acid, not frozen, otherthan products of heading 2006:
2005 20 –Potatoes:
2005 20 10 ––In the form of flour, meal or flakes
2105 00 Ice cream and other edible ice, whether or not
containing cocoa
ex 2106 Food preparations not elsewhere specified or
included:
2106 90 –Other:
––Other:
2106 90 92 ––– Containing no milkfats, sucrose,isoglucose, glucose or starch or
containing, by weight, less than 1,5 %
milkfat, 5 % sucrose or isoglucose, 5 %glucose or starch
2106 90 98 ––– Other
ex 2202 Waters, including mineral waters and aerated
waters, containing added sugar or other
sweetening matter or flavoured, and other non-
alcoholic beverages, not including fruit andvegetable juices of heading 2009:
2202 90 –Other:
––Other, containing by weight of fat obtainedfrom the products of headings 0401 to 0404:
2202 90 91 ––– Less than 0,2 %
2202 90 95 ––– 0,2 % or more but less than 2 %
2202 90 99 ––– 2 % or more
ex 2208 Undenatured ethyl alcohol of an alcoholic
strength by volume of less than 80 % vol;spirits, liqueurs and other spirit drinks:
2208 70 –Liqueurs and cordials
2208 90 –Other:
––Other spirits and spirit drinks, in containersholding:
––– 2 litres or less:
–––– Other:▼B2007R1234 —EN—01.05.2010 —006.001 —270
IP/N/1/EU/G/1 
        - 272 -CN code Description
2208 90 69 ––––– Other spirit drinks
––– More than 2 litres:
2208 90 78 –––– Other spirit drinks
ex 3302 Mixtures of odoriferous substances and mixtures
(including alcoholic solutions) with a basis of
one or more of these substances, of a kind
used as raw materials in industry; other
preparations based on odoriferous substances,of a kind used for the manufacture of beverages:
3302 10 –Of a kind used in the food or drink industries:
––Of a kind used in the drink industries:
––– Preparations containing all flavouring
agents characterising a beverage:
–––– Other:
3302 10 29 ––––– Other
3501 Casein, caseinates and other casein derivatives;
casein glues
ex 3502 Albumins, (including concentrates of two or
more whey proteins, containing by weight more
than 80 % whey proteins, calculated on the dry
matter), albuminates and other albumin deriva-
tives:
3502 20 –Milk albumin, including concentrates of twoor more whey proteins:
––Other:
3502 20 91 ––– Dried (for example in sheets, scales,
flakes, powder)
3502 20 99 ––– Other
Part V: Eggs
CN code Description
ex 0403 10 51 toex 0403 10 99 and
ex 0403 90 71 toex 0403 90 99Buttermilk, curdled milk and cream, yogurt,
kephir and other fermented or acidified milk
and cream, flavoured or containing added fruit,nuts or cocoa, whether or not concentrated orcontaining added sugar or other sweetening
matter or flavoured or containing added fruit,
nuts or cocoa.
1806 Chocolate and other food preparations containing
cocoa
ex 1901 Food preparations of goods of headings 0401 to
0404, containing less than 5 % by weight ofcocoa calculated on a totally defatted basis, notelsewhere specified or included
1902 11 00 –Uncooked pasta, not stuffed or otherwiseprepared, containing eggs▼B2007R1234 —EN—01.05.2010 —006.001 —271
IP/N/1/EU/G/1 
        - 273 -CN code Description
ex 1904 Prepared foods obtained by the swelling or
roasting of cereals or cereal products (for
example, corn flakes); cereals(other than maize
(corn)), in grain form or in the form of flakes
or other worked grains (except flour, groats andmeal), precooked or otherwise prepared, notelsewhere specified or included
ex 1905 Bread, pastry, cakes, biscuits and other bakers'
wares, whether or not containing cocoa;communion wafers, empty cachets of a kindsuitable for pharmaceutical use, sealing wafers,
rice paper and similar products:
1905 20 –Gingerbread and the like
1905 31 –– Sweet biscuits
1905 32 –– Waffles and wafers
1905 40 ––
Rusks, toasted bread and similar toasted products
ex 1905 90 ––
Other, with the exception of products falling
within subheading codes 1905 90 10 to1905 90 30
ex 2105 00 Ice cream and other edible ice, containing cocoa
2208 Undenatured ethyl alcohol of an alcoholic
strength by volume of less than 80 % vol;spirits, liqueurs and other spirit drinks:
ex 2208 70 ––Liqueurs
3502 Albumins (including concentrates of two or more
whey proteins, containing by weight more than
80 % whey proteins, calculated on the dry
matter), albuminates and other albumin deriva-tives:
3502 11 90 ––– Other dried egg albumin
3502 19 90 ––– Other egg albumin▼B2007R1234 —EN—01.05.2010 —006.001 —272
IP/N/1/EU/G/1 
        - 274 -ANNEX XXI
LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE
PURPOSE OF THE GRANTING OF EXPORT REFUNDS REFERRED
TO IN SECTION II OF CHAPTER III OF PART III
The products listed in point (b) of Part X of Annex I.▼B2007R1234 —EN—01.05.2010 —006.001 —273
IP/N/1/EU/G/1 
        - 275 -ANNEX XXII
CORRELATION TABLES REFERRED TO IN ARTICLE 202
1.Regulation (EEC) No 234/68
Regulation (EEC) No 234/68 This Regulation
Article 1 Article 1(1)(m)
Article 2 Article 54
Article 3 to 5 Article 113
Article 6 —
Article 7 Article 173
Article 8 Section I of Chapter II of Part III
Article 9 Article 135
Article 10(1) Article 129
Article 10(2) Article 128
Article 10a Article 159
Article 11 Article 180
Article 12 —
Article 13 Article 195
Article 14 Article 195
Article 15 —
Article 16 —
Article 17 —
Article 18 —
2.Regulation (EEC) No 827/68
Regulation (EEC) No 827/68 This Regulation
Article 1 Article 1(1)(u)
Article 2(1) Article 135
Article 2(2) Article 129
Article 2(3) Article 128
Article 3 Article 159
Article 4 —
Article 5 first paragraph Article 180
Article 5 second paragraph Article 182(1)
Article 6 Article 195
Article 7 —
Article 8 —
Article 9 —▼B2007R1234 —EN—01.05.2010 —006.001 —274
IP/N/1/EU/G/1 
        - 276 -3.Regulation (EEC) No 2729/75
Regulation (EEC) No 2729/75 This Regulation
Article 1 Article 149
Article 2(1) Article 150
Article 2(2) Article 151
Article 3 Article 152
4.Regulation (EEC) No 2759/75
Regulation (EEC) No 2759/75 This Regulation
Article 1 Article 1(1)(q)
Article 2 Article 54
▼M3
Article 3 first paragraph, first indent Article 31(1)(e)
▼B
Article 3 first paragraph, second
indentArticle 10(2)
Article 3 second paragraph —
Article 3 third paragraph Article 10(2)
Article 4(1) Article 8(1)(f)
Article 4(2) Articles 17 and 37
Article 4(3) —
Article 4(5) Article 42
Article 4(6) first indent Articles 17 and 37(1)
Article 4(6) second indent Article 43(d)
Article 4(6) third indent Article 43
Article 5(1) to (3) Article 24
Article 5(4)(a) Article 43(a)
Article 5(4)(b) Articles 24(1) and 31(2)
Article 5(4)(c) Article 43
Article 6 Article 25
Article 7(1) —
Article 7(2) Article 43
Article 8(1) first subparagraph Articles 130 and 161(1)
Article 8(1) second subparagraph Articles 131 and 161(2)Article 8(1) third subparagraph Articles 132, 133 and 161(2)Article 8(2) Articles 134 and 161(3)
Article 9 Article 135
Article 10(1) to (3) Article 141
Article 10(4) Article 143
Article 11(1) to (3) Article 144
Article 11(4) Article 148
Article 12 Article 186(b)
Article 13(1) Article 162(1)
Article 13(2) Article 163▼B2007R1234 —EN—01.05.2010 —006.001 —275
IP/N/1/EU/G/1 
        - 277 -Regulation (EEC) No 2759/75 This Regulation
Article 13(3) and (4) Article 164
Article 13(5) Article 170
Article 13(6) to (10) Article 167
Article 13(11) Article 169
Article 13(12) Article 170
Article 14 Articles 160 and 174
Article 15(1) Article 129
Article 15(2) Article 128
Article 16 Article 159
Article 19 —
Article 20(1) Article 44
Article 20(2) to (4) Article 46
Article 21 Article 180
Article 22 Article 192
Article 24 Article 195
Article 25 —
Article 26 —
Article 27 —
5.Regulation (EEC) No 2771/75
Regulation (EEC) No 2771/75 This Regulation
Article 1(1) Article 1(1)(s)
Article 1(2) Article 2(1)
Article 2(1) Article 54
Article 2(2) Article 116
Article 3(1) first subparagraph Articles 130 and 161
Article 3(1) second subparagraph Articles 131 and 161(2)Article 3(1) third subparagraph Articles 132, 133 and 161(2)
Article 3(2) Articles 134 and 161(3)
Article 4 Article 135
Article 5(1) to (3) Article 141
Article 5(4) Article 143
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 186(b)
Article 8(1) Article 162(1)
Article 8(2) Article 163
Article 8(3) and (4) Article 164
Article 8(5) Article 170
Article 8(6) to (11) Article 167
Article 8(12) Article 169
Article 8(13) Article 170
Article 9 Article 160▼B2007R1234 —EN—01.05.2010 —006.001 —276
IP/N/1/EU/G/1 
        - 278 -Regulation (EEC) No 2771/75 This Regulation
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 13 —
Article 14(1)(a) Article 44
Article 14(1)(b) Article 45
Article 14(2) and (3) Article 46
Article 15 Article 192
Article 16 and 17 Article 195
Article 18 —
Article 19 Article 180
Article 20 —
Article 21 —
6.Regulation (EEC) No 2777/75
Regulation (EEC) No 2777/75 This Regulation
Article 1(1) Article 1(1)(t)
Article 1(2) Article 2(1)
Article 2(1) Article 54
Article 2(2) Article 116
Article 3(1) first subparagraph Articles 130 and 161
Article 3(1) second subparagraph Articles 131 and 161(2)Article 3(1) third subparagraph Articles 132, 133 and 161(2)Article 3(2) Articles 134 and 161(3)
Article 4 Article 135
Article 5(1) to (3) Article 141
Article 5(4) Article 143
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 186(b)
Article 8(1) Article 162(1)
Article 8(2) Article 163
Article 8(3) and (4) Article 164
Article 8(5) Article 170
Article 8(6) to (10) Article 167
Article 8(11) Article 169
Article 8(12) Article 170
Article 9 Articles 160 and 174
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 13 —
Article 14(1)(a) Article 44▼B2007R1234 —EN—01.05.2010 —006.001 —277
IP/N/1/EU/G/1 
        - 279 -Regulation (EEC) No 2777/75 This Regulation
Article 14(1)(b) Article 45
Article 14(2) and (3) Article 46
Article 15 Article 192
Article 16 and 17 Article 195
Article 18 —
Article 19 Article 180
Article 20 —
Article 21 —
7.Regulation (EEC) No 2782/75
Regulation (EEC) No 2782/75 This Regulation
Article 1 Article 121(f)(i)
Article 2 Point C.I. of Annex XIV
Article 3 Article 121(f)(ii)
Article 4 Article 192
Article 5 Point C.II. of Annex XIV and
Article 121(f)(iii)
Article 6 Point C.II.(3) of Annex XIV and
Article 121(f)(iii)
Article 7 Article 121(f)(iv)
Article 8 Article 121(f)(v)
Article 9 Article 121(f)(vi)
Article 10 Article 192
Article 11 Point C.III.(1) and (2) of
Annex XIV
Article 12 Point C.III.(3) of Annex XIV and
Article 121(f)(iii)
Article 13 Article 121(f)(vii)
Article 14 Article 121(f)
Article 15 Article 121(f)
Article 16 Article 192 and 194
Article 17 Article 121(f)
8.Regulation (EEC) No 707/76
Regulation (EEC) No 707/76 This Regulation
Article 1 Article 122
Article 2 and 3 Article 127
9.Regulation (EEC) No 1055/77
Regulation (EEC) No 1055/77 This Regulation
Article 1 Article 39(1) to (4)
Article 2 Article 39(5)
Article 3 Article 39(6) and (7)
Article 4 Article 43
Article 5 Article 39(1) second subparagraph▼B2007R1234 —EN—01.05.2010 —006.001 —278
IP/N/1/EU/G/1 
        - 280 -10.Regulation (EEC) No 2931/79
Regulation (EEC) No 2931/79 This Regulation
Article 1 Article 172
11.Regulation (EEC) No 3220/84
Regulation (EC) No 3220/84 This Regulation
Article 1(1) Article 42(1) first subparagraph
point (b)
Article 1(2) first subparagraph —
Article 1(2) second subparagraph Article 43(m)(iv)
Article 2(1) first subparagraph Point B. I. and III. of Annex V
Article 2(1) second subparagraph Point B. III. of Annex VArticle 2(2) and (3) first subpara-
graphArticle 43(m)
Article 2(3) second subparagraph Article 43
Article 2(3) third subparagraph Point B. IV.(1) of Annex V
Article 3(1) first subparagraph Article 43 and point B. II. of
Annex V
Article 3(1) second subparagraph Article 43Article 3(1) third subparagraph Point B. IV.(2) of Annex V
Article 3(2) and (3) Point B. II. of Annex V
Article 3(4) Article 43(m)(iv)
Article 4 and 5 Article 43(m)
12.Regulation (EEC) No 1898/87
Regulation (EEC) No 1898/87 This Regulation
Article 1 Article 114(1) in conjunction with
point I of Annex XII
Article 2 Article 114(1) in conjunction with
point II of Annex XII
Article 3 Article 114(1) in conjunction with
point III of Annex XII
Article 4(1) and (3) Article 114(1) in conjunction with
point IV of Annex XII
Article 4(2) Article 121
13.Regulation (EEC) No 3730/87
Regulation (EEC) No 3730/87 This Regulation
Article 1 Article 27(1) and (2)
Article 2 Article 27(3)
Article 3 Article 27(4)
Article 4 Article 27(5)
Article 5 —
Article 6 Article 43▼B2007R1234 —EN—01.05.2010 —006.001 —279
IP/N/1/EU/G/1 
        - 281 -14.Regulation (EEC) No 1186/90
Regulation (EC) No 1186/90 This Regulation
Article 1(1) first subparagraph Point A. V. first paragraph of
Annex V
Article 1(1) second subparagraph —
Article 1(2) Article 43(m)
Article 2(a) Article 43(m)
Article 2(b) Article 43(m)(iii)
Article 3 Article 194
15.Regulation (EEC) No 1906/90
Regulation (EEC) No 1906/90 This Regulation
Article 1(1) Point B.I.(1) of Annex XIV
Article 1(2) Article 121(e)(ii)
Article 1(3) Point B.I.(2) of Annex XIV
Article 1(3a) Point B.I.(3) of Annex XIV
Article 2(1) Point B.II.(1) of Annex XIV
Article 2(2) to (4) Article 121(e)(i)
Article 2(5) to (7) Point B.II.(2) —(4) of Annex XIV
Article 2(8) Article 121(e)(i)
Article 3(1) and (2) Point B.III.(1) and (2) of
Annex XIV
Article 3(3) Point B.III.(3) of Annex XIV and
Article 121(e)
Article 4 Article 121(e)(iv)
Article 5(1) to (5) Article 121(e)(iv)
Article 5(6) Article 121(e)(v) and 194
Article 6 Article 121(e)(vi)
Article 7 Article 121(e)(vii) and 194
Article 8 Article 192 and 194
Article 9 Article 121(e)
Article 10 Article 194
Article 11 Article 192
16.Regulation (EEC) No 2204/90
Regulation (EEC) No 2204/90 This Regulation
Article 1(1) Article 119
Article 1(2) Article 121(i)
Article 2 Article 119 in conjunction with
point 2 of Part V of Annex III
Article 3(1) Articles 121(i) and 194
Article 3(2) Articles 192 and 194
Article 3(3) Articles 194
Article 4 —
Article 5 Article 121▼B2007R1234 —EN—01.05.2010 —006.001 —280
IP/N/1/EU/G/1 
        - 282 -17.Regulation (EEC) No 2075/92
Regulation (EEC) No 2075/92 This Regulation
Article 1 Article 1(1)(n)
Article 13 Article 104(1) and (2)
Article 14a Article 104(3)
Article 15 Article 135
Article 16(1) Article 129
Article 16(2) Article 128
Article 16a Article 159
Article 17 Article 194
Article 18 Article 180
Article 20 —
Article 21 Article 192
Article 22 and 23 Article 195
Article 24 —
18.Regulation (EEC) No 2077/92
Regulation (EEC) No 2077/92 This Regulation
Article 1, 2 and 4(1) Article 123
Article 3, 4(2) and (3), 5 and 6 Article 127
Article 7 Article 177
Article 8 Article 178
Article 9 Article 127
Article 10 Article 126
Article 11 and 12 Article 127
19.Regulation (EEC) No 2137/92
Regulation (EEC) No 2137/92 This Regulation
Article 1 Article 42(1) second subparagraph
Article 2 first paragraph point (a) Point C. I. and IV. of Annex VArticle 2 first paragraph point (b) Point C. I. of Annex VArticle 2 second paragraph Point C. IV. second paragraph of
Annex V
Article 3(1) Point C. II. of Annex V
Article 3(2) first and second subpar-
agraphsPoint C. III.(1) of Annex V
Article 3(2) third subparagraph Point C. III.(2) of Annex V and
Article 43(m)
Article 3(3) Article 43(m)
Article 4(1) Article 43(m)
Article 4(2) Point C. V. of Annex V
Article 4(3) Article 43(m)
Article 5 Article 42(2)
Article 6 Article 43(m)
Article 7(1) —▼B2007R1234 —EN—01.05.2010 —006.001 —281
IP/N/1/EU/G/1 
        - 283 -Regulation (EEC) No 2137/92 This Regulation
Article 7(2) Article 43(m)
Article 7(3) —
Article 9 —
20.Regulation (EEC) No 404/93
Regulation (EEC) No 404/93 This Regulation
Article 1(1) and (2) Article 1(1)(k)
Article 1(3) Article 3(1)(a)
Article 2 Article 113(1) and (2)
Article 3 Article 113(3)
Article 4 Articles 121 and 194
Article 15(1) Article 135
Article 15(2) to (4) Article 141
Article 15(5) Article 143
Article 21 Article 128
Article 22 Article 129
Article 23 Article 159
Article 24 Article 180
Article 27 Article 195
Article 28 —
Article 29 Article 192
▼M7
20a. Regulation (EEC) No 1868/94
Regulation (EEC) No 1868/94 This Regulation
Article 1 Article 55(1)(c)
Article 2(1) and (2), first subpara-
graphArticle 84 a(1) and (2)
Article 4 Article 84 a(3)
Article 4a Article 95 a(2)
Article 5 Article 95 a(1)
Article 6 Article 84 a(4) and (5)
Article 7 Article 84 a(6)
Article 8 Articles 85(d) and 95 a(3)
▼B
21.Regulation (EC) No 2991/94
Regulation (EC) No 2991/94 This Regulation
Article 1 Article 115
Article 2 Article 115 in conjunction with
point I of Annex XV
Article 3 Article 115 in conjunction with
point II of Annex XV
Article 4 Article 115 in conjunction with
point III(1) of Annex XV▼B2007R1234 —EN—01.05.2010 —006.001 —282
IP/N/1/EU/G/1 
        - 284 -Regulation (EC) No 2991/94 This Regulation
Article 5 Article 115 in conjunction with
point III(2) and (3) of Annex XV
Article 6 Article 115 in conjunction with
point IV of Annex XV
Article 7 Article 115 in conjunction with
point V of Annex XV
Article 8 Article 121
Article 9 —
Article 10 Article 115 in conjunction with
point VI of Annex XV
22.Regulation (EC) No 2200/96
Regulation (EC) No 2200/96 This Regulation
Article 1(1) and (2) Article 1(1)(i)
Article 1(3) Article 3(2)
Article 46 Article 195
Article 47 —
23.Regulation (EC) No 2201/96
Regulation (EC) No 2201/96 This Regulation
Article 1(1) and (2) Article 1(1)(j)
Article 1(3) Article 3(2)
Article 29 Article 195
Article 30 —
24.Regulation (EC) No 2597/97
Regulation (EC) No 2597/97 This Regulation
Article 1(1) Article 114(2)
Article 1(2) Article 114(2) in conjunction with
point I of Annex XIII
Article 2 Article 114(2) in conjunction with
point II of Annex XIII
Article 3 Article 114(2) in conjunction with
point III(1) and (2) of Annex XIII
Article 4 Article 114(2) in conjunction with
point III(3) of Annex XIII
Article 5 Article 114(2) in conjunction with
point IV of Annex XIII
Article 6 Article 114(2) in conjunction with
point V of Annex XIII
Article 7(1) Article 114(2) in conjunction with
point VI of Annex XIII
Article 7(2) Article 121▼B2007R1234 —EN—01.05.2010 —006.001 —283
IP/N/1/EU/G/1 
        - 285 -25.Regulation (EC) No 1254/1999
Regulation (EC) No 1254/1999 This Regulation
Article 1(1) Article 1(1)(o)
Article 1(2) Article 2(1)
Article 2 Article 54
Article 26(1) Article 34
Article 26(2) Article 8(1)(d)
Article 26(3) Article 31(1)(c)
Article 26(4) Articles 8(3) and 31(1) second sub-
paragraph
Article 26(5) Articles 31(2) and 43
Article 27(1) Articles 7, 10(d), 14 and 43(a)
Article 27(2) Article 21(2)
Article 27(3) Articles 21(1), 40 and 43(e)
Article 27(4) first subparagraph Article 43
Article 27(4) second subparagraph Article 14Article 28 Articles 25 and 43(e)
Article 29(1) first subparagraph Article 130Article 29(1) second subparagraph Articles 130 and 161Article 29(1) third subparagraph Articles 131 and 161(2)
Article 29(1) fourth subparagraph Articles 132, 133 and 161(2)
Article 29(2) Articles 134 and 161(3)
Article 30 Article 135
Article 31 Article 141
Article 32(1) first subparagraph and
(2) and (3)Article 144
Article 32(1) second subparagraph Article 146(1)
Article 32(4) Article 148
Article 33(1) Article 162(1)
Article 33(2) Article 163
Article 33(3) and (4) Article 164
Article 33(5) Article 170
Article 33(6) to (9) first subpara-
graphArticle 167
Article 33(9) second subparagraph Article 168
Article 33(10) Article 167(7)
Article 33(11) Article 169
Article 33(12) Article 170
Article 34 Articles 160 and 174
Article 35(1) Article 129
Article 35(2) Article 128
Article 36 Article 159
Article 37 Articles 42 and 43
Article 38 Article 186(a)
Article 39(1) Article 44▼B2007R1234 —EN—01.05.2010 —006.001 —284
IP/N/1/EU/G/1 
        - 286 -Regulation (EC) No 1254/1999 This Regulation
Article 39(2) to (4) Article 46
Article 40 Article 180
Article 41 Article 192
Article 42 and 43 Article 195
Article 44 —
Article 45 Article 190
Article 46 —49 —
Article 50, first indent —
Article 50, second indent Article 191
26.Regulation (EC) No 1255/1999
Regulation (EC) No 1255/1999 This Regulation
Article 1 Article 1(1)(p)
Article 2 Article 3(1)(c)(v)
Article 4(1) Article 8(1)(e)
Article 4(2) Article 8(3)
Article 5 —
▼M3
Article 6(1) first subparagraph Articles 15(1) and 22
Article 6(1) second and third subpar-
agraphsArticle 15(2)
Article 6(2) first subparagraph,point (a), first indentArticle 10(1)(e)
Article 6(2) first subparagraph,point (a), second and third indentsand point (b)Article 10 in conjunction withArticle 43(a)
Article 6(2) second subparagraph Article 10 in conjunction with
Article 43(a)
Article 6(3) first subparagraph Article 28(a)
Article 6(3) second subparagraph Article 29
Article 6(3) third subparagraph Article 43(d)(i)Article 6(3) fourth subparagraph Article 43(d)(iii)
Article 6(4) first subparagraph and
second subparagraph first sentenceArticle 25 and 43(f)
Article 6(4) second subparagraphsecond sentenceArticle 43(d)(iii)
Article 6(5) —
Article 6(6) Article 6(2)(b) and (c)
Article 7(1) first subparagraph Articles 10(1)(f), 16 first paragraph
and 43(a)
Article 7(1) second subparagraph Article 23 and 43(a)
Article 7(1) third subparagraph Article 43(l)
Article 7(2) Article 16 second paragraph
Article 7(4) Article 25 and 43(e)
Article 8(1) Article 28(b)
Article 8(2) and (3) Article 30 and 43(d)(i) and (iii)▼B2007R1234 —EN—01.05.2010 —006.001 —285
IP/N/1/EU/G/1 
        - 287 -Regulation (EC) No 1255/1999 This Regulation
Article 9(1) Articles 31(1)(d) and 36(1)
Article 9(2) Article 31(2)
Article 9(3) Article 43(d)(iii)
Article 9(4) Article 36(2)
▼B
Article 10(a) Articles 15(3) and 43
Article 10(b) Articles 29 second paragraph, 30
first paragraph and 31(2)
Article 10(c) Article 43
Article 11 Article 99
Article 12 Article 100
Article 13 Article 101
Article 14 Article 102
Article 15 Articles 99 —102
Article 26(1) Articles 130 and 161
Article 26(2) first subparagraph Articles 131 and 161(2)
Article 26(2) second subparagraph Articles 132, 133 and 161(2)Article 26(3) Articles 134 and 161(3)
Article 27 Article 135
Article 28 Article 141
Article 29(1) to (3) Article 144
Article 29(4) Articles 145 and 148
Article 30 Article 171
Article 31(1) Article 162(1) and (2)
Article 31(2) Article 163
Article 31(3) and (4) Article 164
Article 31(5) Article 170
Article 31(6) to (12) Article 167
Article 31(13) Article 169
Article 31(14) Article 170
Article 32 Article 160
Article 33(1) Article 129
Article 33(2) Article 128
Article 34 Article 187
Article 35 Article 159
Article 36(1) Article 44
Article 36(2) to (4) Article 46
Article 37 Article 180
Article 38 Article 181
Article 39 Article 183
Article 40 Article 192
Articles 41 and 42 Article 195
Article 43 —▼M32007R1234 —EN—01.05.2010 —006.001 —286
IP/N/1/EU/G/1 
        - 288 -Regulation (EC) No 1255/1999 This Regulation
Article 44 —
Article 45 Article 190
Article 46 —
Article 47 first indent —
Article 47 second indent Article 191
27.Regulation (EC) No 2250/1999
Regulation (EC) No 2250/1999 This Regulation
Article 1 Article 2(1) in conjunction with
point 1. of Part V of Annex III
28.Regulation (EC) No 1493/1999
Regulation (EC) No 1493/1999 This Regulation
Article 1(1) and (2) Article 1(1)(l)
Article 1(4) Article 3(1)(d)
Articles 74 and 75 Article 195
Article 76 —
29.Regulation (EC) No 1673/2000
Regulation (EC) No 1673/2000 This Regulation
Article 1(1) Article 1(1)(h)
Article 1(2)(a) Article 2(2)(a)
Article 1(2)(b) Article 91(2)
Article 1(3) —
Article 2(1) Article 91(1)
Article 2(2) Article 193
Article 2(3) and (4) Article 92
Article 2(5) Article 93
Article 3(1) and (3) Article 94
Article 3(2), (4) and (5) —
Article 4 —
Article 5 Articles 130 and 157
Article 6 Article 128
Article 7 Article 159
Article 8 Article 180
Article 9 first paragraph Article 95
Article 9 second paragraph Article 194
Article 10 Article 195
Article 11 Article 190
Article 12 —
Article 13 —
Article 14 first indent —
Article 14 second indent Article 191▼B2007R1234 —EN—01.05.2010 —006.001 —287
IP/N/1/EU/G/1 
        - 289 -Regulation (EC) No 1673/2000 This Regulation
Article 15 —
30.Regulation (EC) No 2529/2001
Regulation (EC) No 2529/2001 This Regulation
Article 1 Article 1(1)(r)
Article 2 Article 54
▼M3
Article 12 Articles 31(1)(f) and 38
▼B
Article 13(1) first subparagraph Articles 130 and 161
Article 13(1) second subparagraph Articles 132 and 161(2)
Article 13(1) third subparagraph Articles 131 and 161(2)
Article 13(1) fourth subparagraph Articles 133 and 161(2)Article 13(2) Articles 134 and 161(3)
Article 14 Article 135
Article 15 Article 141Article 16(1) to (3) Article 144
Article 16(4)(a) and (b) Article 145
Article 16(4)(c) to (e) Article 148Article 17 Articles 160 and 174
Article 18(1) Article 129
Article 18(2) Article 128Article 19 Article 159
Article 20 Articles 42 and 43
Article 21 Article 186(a)Article 22(1) Article 44
Article 22(2) to (4) Article 46
Article 23 Article 180Article 24 Article 192
Article 25 Article 195
Article 26 Article 191Article 27 Article 190
Article 28 —
Article 29 —
Article 30 —
31.Regulation (EC) No 670/2003
Regulation (EC) No 670/2003 This Regulation
Article 1 Article 1(3)(a)
Article 2 Article 120
Article 3 Article 189
Article 4(1) Articles 130 and 161
Article 4(2) Articles 131, 132 and 161(2)▼B2007R1234 —EN—01.05.2010 —006.001 —288
IP/N/1/EU/G/1 
        - 290 -Regulation (EC) No 670/2003 This Regulation
Article 4(3) Articles 133 and 161(2)
Article 4(4) Articles 134 and 161(3)
Article 5 Article 135
Article 6(1) to (3) Article 144
Article 6(4) Articles 145 and 148
Article 7 Article 160
Article 8(1) Article 129
Article 8(2) Article 128
Article 9 Article 159
Article 10(1) Article 180
Article 10(2) Article 182(4)
Article 10(3) Article 182(4) and 184(3)
Article 11 Article 192
Article 12 Article 195
Article 13 —
Article 14 —
Article 15(a) —
Article 15(b) Article 191
32.Regulation (EC) No 1784/2003
Regulation (EC) No 1784/2003 This Regulation
Article 1 Article 1(1)(a)
Article 2 Article 3(1)(c)(i)
Article 3 —
Article 4(1) Article 8(1)(a)
Article 4(2) Article 8(2)
Article 4(3) Article 8(1)(a)
Article 4(4) Article 8(3)
Article 5(1) Articles 6(2)(a), 10(a) and 43(a)
Article 5(2) Article 11
Article 5(3) Article 18
Article 6(a) Articles 41 and 43(j)
Article 6(b) Article 43(a)
Article 6(c) Article 43(c)
Article 6(d) Article 43(d)
Article 6(e) Article 43(f)
Article 7 Article 47
Article 8(1) and (2) Article 96
Article 8(3) Article 98
Article 9(1) first subparagraph Articles 130 and 161
Article 9(1) second subparagraph Articles 131 and 161(2)Article 9(1) third subparagraph Articles 132, 133 and 161(2)Article 9(2) Articles 134 and 161(3)▼B2007R1234 —EN—01.05.2010 —006.001 —289
IP/N/1/EU/G/1 
        - 291 -Regulation (EC) No 1784/2003 This Regulation
Article 10(1) Article 135
Article 10(2) and (3) Article 136
Article 10(4) Article 143
Article 11 Article 141
Article 12(1) to (3) Article 144
Article 12(4) first subparagraph Articles 145 and 148
Article 12(4) second subparagraph Article 146(2)
Article 13(1) Article 162(1) and (2)
Article 13(2) Article 163
Article 13(3) Article 164
Article 14 Article 167
Article 15(1) and (3) Article 166
Article 15(2) Article 164(4)
Article 15(4) Articles 165 and 170
Article 16 Articles 162(3)
Article 17 Article 169
Article 18 Article 170
Article 19 Articles 160 and 174
Article 20(1) Article 129
Article 20(2) Article 128
Article 21 Article 187
Article 22 Article 159
Article 23 Article 180
Article 24 Article 192
Article 25 Article 195
Article 26 —
Article 27 Article 191
Article 28 Article 190
Article 29 —
Article 30 —
33.Regulation (EC) No 1785/2003
Regulation (EC) No 1785/2003 This Regulation
Article 1 Article 1(1)(b)
Article 2(1) Article 2(1)
Article 2(2) Article 5
Article 3 Article 3(1)(d)
Article 4 —
Article 6(1) Article 8(1)(b)
Article 6(2) first sentence Article 8(2)
Article 6(2) second and third
sentenceArticles 41 and 43(j)
Article 6(3) Article 43(a) and (k)▼B2007R1234 —EN—01.05.2010 —006.001 —290
IP/N/1/EU/G/1 
        - 292 -Regulation (EC) No 1785/2003 This Regulation
Article 7(1) Articles 10(b) and 12
Article 7(2) Articles 19 and 43(b)
Article 7(3) Articles 25 and 43(e)
Article 7(4) and (5) Article 43
Article 8 Article 48
Article 9 Article 192
Article 10(1) first subparagraph Articles 130 and 161
Article 10(1) second subparagraph Articles 131 and 161(2)
Article 10(1) third subparagraph Articles 132, 133 and 161(2)Article 10(1a) Article 130
Article 10(2) Articles 134 and 161(3)
Article 11(1) Article 135
Article 11(4) Article 143
Article 11a Article 137
Article 11b Article 138
Article 11c Article 139
Article 11d Article 140
Article 12 Article 141
Article 13(1) to (3) Article 144
Article 13(4) Article 148
Article 14(1) Article 162(1) and (2)
Article 14(2) Article 163
Article 14(3) and (4) Article 164
Article 15 Article 167
Article 16 Article 164(4)
Article 17(1) first subparagraph
point (a)Article 167(7)
Article 17(1) first subparagraph
points (b) and (c)Article 167(6)
Article 17(1) second subparagraph Article 170
Article 17(2) Article 167(7)
Article 18 Article 169
Article 19 Article 170
Article 20 Articles 160 and 174
Article 21(1) Article 129
Article 21(2) Article 128
Article 22 Article 187
Article 23 Article 159
Article 24 Article 180
Article 25 Article 192
Article 26 Article 195
Article 27 —
Article 28 Article 191
Article 29 Article 190▼B2007R1234 —EN—01.05.2010 —006.001 —291
IP/N/1/EU/G/1 
        - 293 -Regulation (EC) No 1785/2003 This Regulation
Article 30 —
Article 31 —
Article 32 —
34.Regulation (EC) No 1786/2003
Regulation (EC) No 1786/2003 This Regulation
Article 1 Article 1(1)(d)
Article 2 Article 3(1)(b)(i)
Article 3 —
Article 4(1) Article 86(1)
Article 4(2) Article 88(1)
Article 5 Article 89
Article 6 Article 88(2)
Article 7 Article 87
Article 8 Article 192
Article 9 first paragraph Article 86(2)
Article 9 second paragraph Article 90(i)
Article 10(a) and (b) Article 90(b)
Article 10(c) Article 86(1)(a) and 90(e)
Article 11 Article 90(a)
Article 12 Article 90(g)
Article 13 Article 194
Article 14 Article 135
Article 15(1) Article 129
Article 15(2) Article 128
Article 16 Article 159
Article 17 Article 180
Article 18 Article 195
Article 19 —
Article 20(a) Article 90
Article 20(b) Article 194
Article 20(c) Article 90(c)
Article 20(d) Article 90(f)
Article 20(e) Article 90(d)
Article 20(f) Article 194
Article 20(g) Article 90(g)
Article 20(h) Article 90(h)
Article 21 —
Article 22 Article 192
Article 23 Article 184(1)
Article 24 Article 190
Article 25 —▼B2007R1234 —EN—01.05.2010 —006.001 —292
IP/N/1/EU/G/1 
        - 294 -35.Regulation (EC) No 1788/2003
Regulation (EC) No 1788/2003 This Regulation
Article 1 Articles 66 and 78(1) first subpara-
graph
Article 2 Article 78(1) second subparagraph
Article 3 Article 78(2) to (4)
Article 4 Article 79
Article 5 Article 65
Article 6 Article 67
Article 7 Article 68
Article 8 Article 69
Article 9 Article 70
Article 10 Article 80
Article 11 Article 81
Article 12 Article 83
Article 13 Article 84
Article 14 Article 71
Article 15 Article 72
Article 16 Article 73
Article 17 Article 74
Article 18 Article 75
Article 19 Article 76
Article 20 Article 77
Article 21 Article 82
Article 22 —
Article 23 Article 195
Article 24 Article 85
Article 25 —
Article 26 —
36.Regulation (EC) No 797/2004
Regulation (EC) No 797/2004 This Regulation
Article 1(1) Article 105(1)
Article 1(2) Article 1(3)(b)
Article 1(3) first subparagraph, first
sentenceArticle 180
Article 1(3) first subparagraph,
second sentence and second subpara-
graphArticle 105(2)
Article 2 Article 106
Article 3 Article 107
Article 4(1) Article 190
Article 4(2) and (3) Article 108
Article 5 Article 109
Article 6 Article 195▼B2007R1234 —EN—01.05.2010 —006.001 —293
IP/N/1/EU/G/1 
        - 295 -Regulation (EC) No 797/2004 This Regulation
Article 7 Article 184(2)
Article 8 —
37.Regulation (EC) No 865/2004
Regulation (EC) No 865/2004 This Regulation
Article 1 Article 1(1)(g)
Article 2 Article 3(1)(c)
Article 3 —
Article 4 Article 118
Article 5(1) Article 113
Article 5(2) Article 194
Article 5(3) Article 121(h)
Article 6 Articles 31 and 33
Article 7(1) Article 125
Article 7(2) Article 123
Article 8 Article 103
Article 9(a) Article 127
Article 9(b) and (c) Article 103(2) third subparagraph
Article 9(d) Article 194
Article 9(e) Article 127
Article 10(1) first subparagraph Article 130
Article 10(1) second subparagraph Article 131Article 10(2) Articles 132 and 133
Article 10(3) Article 161
Article 10(4) Articles 134 and 161(3)
Article 11(1) Article 135
Article 11(2) Article 186(b)
Article 12(1) Article 129
Article 12(2) Article 128
Article 13 Article 160
Article 14 Article 159
Article 15 Article 180
Article 16 —
Article 17 Article 192
Article 18 Article 195
Article 19 Article 191
Article 20 Article 190
Article 24 —
Article 25 —▼B2007R1234 —EN—01.05.2010 —006.001 —294
IP/N/1/EU/G/1 
        - 296 -38.Regulation (EC) No 1947/2005
Regulation (EC) No 1947/2005 This Regulation
Article 1 Article 1(1)(e)
Article 2 Article 3(1)(c)
Article 3 —
Article 4(1) Article 130
Article 4(2) Article 131
Article 4(3) Articles 132 and 133
Article 5 Article 135
Article 6(1) Article 129
Article 6(2) Article 128
Article 7 Article 159
Article 8(1) Article 180
Article 8(2) Article 182(2)
Article 9 Article 192
Article 10 Article 195
Article 11 Article 134
Article 12 —
39.Regulation (EC) No 1952/2005
Regulation (EC) No 1952/2005 This Regulation
Article 1 Article 1(1)(f)
Article 2 Article 2(1)
Article 3 —
Article 4 Article 117(1) to (3)
Article 5 Article 117(4) and (5)
Article 6 Article 122
Article 7 Article 127
Article 8 Article 135
Article 9 Article 158
Article 10(1) Article 129
Article 10(2) Article 128
Article 11 Article 159
Article 12 Article 180
Article 13 —
Article 14 Article 185(1) to (3)
Article 15 Article 192
Article 16 Article 195
Article 17 first indent Article 121(g)
Article 17 second indent Article 127
Article 17 third indent Article 127
Article 17 fourth indent Article 185(4)
Article 17 fifth indent Article 192
Article 18 —▼B2007R1234 —EN—01.05.2010 —006.001 —295
IP/N/1/EU/G/1 
        - 297 -Regulation (EC) No 1952/2005 This Regulation
Article 19 —
40.Regulation (EC) No 318/2006
Regulation (EC) No 318/2006 This Regulation
Article 1(1) Article 1(1)(c)
Article 1(2) Article 3(1)(e)
Article 2 Article 2(1)
Article 3 Article 8(1)(c)
Article 4 Article 9
Article 5 Article 49
Article 6 Article 50
Article 7 Article 56
Article 8 —
Article 9 Article 58
Article 10 Article 59
Article 11 Article 60
Article 12 Article 61
Article 13(1) and (2) Article 62
Article 13(3) Article 97
Article 14 Article 63
Article 15 Article 64
Article 16 Article 51
Article 17 Article 57
Article 18(1) Articles 31(1)(a) and 32(1)
Article 18(2) first subparagraph first
indentArticles 10(c) and 13(1)
Article 18(2) first subparagraph
second indentArticle 43(d)(i)
Article 18(2) second subparagraph Article 20
Article 18(3) Article 26
Article 19 Article 52
▼M3
Article 19a Article 52a
▼B
Article 20 Articles 13(2), 32(2), 52(5) and
63(5)
Article 21 Article 129
Article 22 Article 128
Article 23(1) Articles 130 and 161
Article 23(2) Articles 131 and 161(2)
Article 23(3) Articles 132, 133 and 161(2)
Article 23(4) Articles 134 and 161(3)
Article 24 Article 160
Article 25 Article 159▼B2007R1234 —EN—01.05.2010 —006.001 —296
IP/N/1/EU/G/1 
        - 298 -Regulation (EC) No 318/2006 This Regulation
Article 26(1) Article 135
Article 26(2) Article 186(a) and 187
Article 26(3) Article 142
Article 27 Article 141
Article 28 Article 144
Article 29 Article 153
Article 30 Article 154
Article 31 Article 155
Article 32(1) and (2) Article 162(1) and (2)
Article 32(3) Article 170
Article 33(1) Article 163
Article 33(2) Article 164
Article 33(3) and (4) Article 167
Article 34 Article 169
Article 35 Articles 187 and 188
Article 36(1) Article 180
Article 36(2) to (4) Article 182(3)
Article 37 Articles 186(a) and 188
Article 38 Article 192
Article 39 Article 195
Article 40(1)(a) Articles 43(b) and 49(3) second sub-
paragraph
Article 40(1)(b) and (c) Article 85
Article 40(1)(d) Articles 53, 85 and 192
Article 40(1)(e) Articles 143, 144(1), 145 and 148
Article 40(1)(f) Article 192(2)
Article 40(1)(g) Articles 170 and 187
Article 40(2)(a) Article 53(a)
Article 40(2)(b) Articles 43(a) and 50(1)
Article 40(2)(c) Article 85(d)
Article 40(2)(d) Articles 43, 53(b) and (c) and 85(b)
Article 40(2)(e) Articles 130 and 161
Article 40(2)(f) Articles 5 second paragraph and 156
Article 40(2)(g) Article 186(a) and 188
Article 41 —
Article 42 Article 191
Article 43 Article 190
Article 44 —
Article 45 —▼B2007R1234 —EN—01.05.2010 —006.001 —297
IP/N/1/EU/G/1 
        - 299 -41.Regulation (EC) No 1028/2006
Regulation (EC) No 1028/2006 This Regulation
Article 1 Point A.I. of Annex XIV
Article 2 Article 121(d)(i)
Article 3 Point A.II. of Annex XIV
Article 4 Point A.III. of Annex XIV
Article 5 Article 121(d)(v)
Article 6 Point A.IV. of Annex XIV
Article 7 Article 194
Article 8 Article 194
Article 9 Article 192
Article 10 Article 195
Article 11(1) Article 121(d)(ii)
Article 11(2) Article 121(d)(iii)
Article 11(3) Article 121(d)(iv)
Article 11(4) Article 121(d)(v)
Article 11(5) Article 194
Article 11(6) Article 121(d)(vi)
Article 11(7) Article 192
Article 11(8) Article 121(d)(vii)
Article 11(9) Articles 121 and 194
42.Regulation (EC) No 1183/2006
Regulation (EC) No 1183/2006 This Regulation
Article 1 Article 42(1) first subparagraph
point (a)
Article 2(a) introducing sentence Point A. I.(1) of Annex V
Article 2(a) first, second and third
indentsPoint A. IV. first paragraph ofAnnex V
Article 2(b) Point A. I.(2) of Annex V
Article 3 Point A. IV. second paragraph of
Annex V and Article 43(m)(ii)
Article 4(1) first subparagraph Point A. II. of Annex V
Article 4(1) second subparagraph Article 43(m)Article 4(2) and (3) Point A. III. of Annex V
Article 4(4) Point A. III.(2) second subparagraph
of Annex V
Article 5(1) Article 43
Article 5(2) Point A. V. first paragraph of
Annex V
Article 5(3) Point A. V. second paragraph of
Annex V
Article 6 Article 42(2)
Article 7 Article 43▼B2007R1234 —EN—01.05.2010 —006.001 —298
IP/N/1/EU/G/1 
        - 300 -43.Regulation (EC) No 1184/2006
Regulation (EC) No 1184/2006 This Regulation
Article 1 Article 175
Article 2 Article 176
Article 3 —
44.Regulation (EC) No 1544/2006
Regulation (EC) No 1544/2006 This Regulation
Article 1 Article 111
Article 2 Articles 112, 192 and 194
Article 3 Article 3(1)(b)(ii)
Article 4 Article 195
Article 5 Article 190
Article 6 —
▼M3
45. Regulation (EC) No 700/2007
Regulation (EC) No 700/2007 This Regulation
Article 1(1) and (2) Article 113b(1) first subparagraph
Article 1(3) Article 113b(2)
Article 2 Point I of Annex XIa
Article 3 Point II of Annex XIa
Article 4 Point III of Annex XIa
Article 5 Point IV of Annex XIa
Article 6 Point V of Annex XIa
Article 7 Point VI of Annex XIa
Article 8 Point VII of Annex XIa
Article 9 Point VIII of Annex XIa
Article 10 Point IX of Annex XIa
Article 11(1) Article 121 first paragraph, point (j)
Article 11(2) Article 121 second paragraph
Article 12 Article 195
Article 13 Article 113b(1) second subparagraph
46. Regulation (EC) No 1182/2007
Regulation (EC) No 1182/2007 This Regulation
Article 1 first paragraph Article 1(1)(i) and (j)
Article 1 second paragraph Article 1(4)
Article 2(1) Article 113a(1)
Article 2(2) Article 113(1)(b) and (c)
Article 2(3) Article 113(2)(a)(ii)
Article 2(4)(a) Article 121(a)
Article 2(4)(b) Article 113(2)(a)
Article 2(4)(c) Article 113(2)(b)▼B2007R1234 —EN—01.05.2010 —006.001 —299
IP/N/1/EU/G/1 
        - 301 -Regulation (EC) No 1182/2007 This Regulation
Article 2(5) Article 113a(2)
Article 2(6) Article 113a(3)
Article 2(7) Article 203a(7)
Article 3(1)(a) Article 122(a) and (b)
Article 3(1)(b) Article 125b(1)(a)
Article 3(1)(c)(i) Article 122(c)(ii)
Article 3(1)(c)(ii) Article 122(c)(i)
Article 3(1)(c)(iii) Article 122(c)(iii)
Article 3(1)(d) Article 125a(1) introductory words
Article 3(1)(e) Article 122
Article 3(2)-(5) Article 125a
Article 4 Article 125b
Article 5 Article 125c
Article 6 Article 125d
Article 7(1) and (2) Article 125e
Article 7(3)-(5) Article 103a
Article 8 Article 103b
Article 9 Article 103c
Article 10 Article 103d
Article 11 Article 103e
Article 12 Article 103f
Article 13 Article 103g
Article 14 Article 125f
Article 15 Article 125g
Article 16 Article 125h
Article 17 Article 125i
Article 18 Article 125j
Article 19 Article 184(4)
Article 20 Article 123(3)
Article 21 Article 125k
Article 22 Article 176a
Article 23 Article 125l
Article 24 Article 125m
Article 25 Article 125n
Article 26 Article 128
Article 27 Article 129
Article 28 Article 130(1)(fa) and (fb)
Article 29 Article 131
Article 30 Article 132
Article 31 Article 133
Article 32 Article 134
Article 33 Article 135
Article 34 Article 140a▼M32007R1234 —EN—01.05.2010 —006.001 —300
IP/N/1/EU/G/1 
        - 302 -Regulation (EC) No 1182/2007 This Regulation
Article 35(1)-(3) Article 141
Article 35(4) Article 143
Article 36 Article 144
Article 37 first paragraph Article 145
Article 37 second paragraph,
points (a), (b) and (c)Article 148
Article 38 Article 159
Article 39 Article 160
Article 40 Article 161(1)(da) and (db)
Article 41 Article 174
Article 42(a)(i) Article 121(a)
Article 42(a)(ii) Article 113a(3)
Article 42(a)(iii) Article 121(a)(i)
Article 42(a)(iv) Article 121(a)(ii)
Article 42(a)(v) Article 121(a)(iii)
Article 42(b)(i) Article 127(e)
Article 42(b)(ii) Article 103h(a)
Article 42(b)(iii) Article 103h(b)
Article 42(b)(iv) Article 103h(c)
Article 42(b)(v) Article 103h(d)
Article 42(b)(vi) Article 103h(e)
Article 42(c) Articles 127 and 179
Article 42(d)-(g) Article 194
Article 42(h) Articles 134, 143(b) and 148
Article 42(i) Article 192
Article 42(j) Article 203a(8)
Article 43 first paragraph Articles 1(4) and 180
Article 43 second paragraph,
point (a)Article 182(5)
Article 43 second paragraph,point (b)—
Article 43 second paragraph,
point (c)Article 182(6)
Article 44 Article 192
Article 45 Article 190
Articles 46-54 —
Article 55 Article 203a(1)-(6)
▼M10
47. Regulation (EC) No 479/2008
Regulation (EC) No 479/2008 This Regulation
Article 1 Article 1(1)(l)
Article 2 Article 2 and Part IIIa of Annex III
Article 3 Article 103i
Article 4 Article 103j▼M32007R1234 —EN—01.05.2010 —006.001 —301
IP/N/1/EU/G/1 
        - 303 -Regulation (EC) No 479/2008 This Regulation
Article 5 Article 103k
Article 6 Article 103l
Article 7 Article 103m
Article 8 Article 103n
Article 9 Article 103o
Article 10 Article 103p
Article 11 Article 103q
Article 12 Article 103r
Article 13 Article 103s
Article 14 Article 103t
Article 15 Article 103u
Article 16 Article 103v
Article 17 Article 103w
Article 18 Article 103x
Article 19 Article 103y
Article 20 Article 103z
Article 21(1) Article 188a(5)
Article 21(2) first subparagraph Article 188a(6)
Article 21(2) second subparagraph Article 184 point (5)Article 22 first paragraph and points
(a) to (d) of the second paragraphArticle 103za
Article 22 second paragraph point(e)Article 188a(7)
Article 23 Article 190a
Article 24 Article 120a(2) to (6)
Article 25(1) Article 120a(1)
Article 25(2), (3) and (4) Article 113d
Article 26 Article 120b
Article 27 Article 120c
Article 28 Article 120d
Article 29 Article 120e
Article 30 Article 120f
Article 31 Article 120g
Article 32 Article 121 third and fourth para-
graphs
Article 33 Article 118a
Article 34 Article 118b
Article 35 Article 118c
Article 36 Article 118d
Article 37 Article 118e
Article 38 Article 118f
Article 39 Article 118g
Article 40 Article 118h
Article 41 Article 118i▼M102007R1234 —EN—01.05.2010 —006.001 —302
IP/N/1/EU/G/1 
        - 304 -Regulation (EC) No 479/2008 This Regulation
Article 42 Article 118j
Article 43 Article 118k
Article 44 Article 118l
Article 45 Article 118m
Article 46 Article 118n
Article 47 Article 118o
Article 48 Article 118p
Article 49 Article 118q
Article 50 Article 118r
Article 51 Article 118s
Article 52 Article 121 first paragraph point (k)
Article 53 Article 118t
Article 54 Article 118u
Article 55 Article 118v
Article 56 Article 121 first paragraph point (l)
Article 57 Article 118w
Article 58 Article 118x
Article 59 Article 118y
Article 60 Article 118z
Article 61 Article 118za
Article 62 Article 118zb
Article 63 Article 121 first paragraph point (m)
Article 64(1)(a), (b) and (c)(i) to (iv) Article 122 second paragraph
Article 64(1)(c)(v) to (viii) Article 122 third paragraph
Article 64(1)(d) Article 122 third paragraph
Article 64(1)(e) Article 125o(1)(a)
Article 64(2) Article 125o(2)
Article 65(1)(a), (b) and (c) Article 123(3)
Article 65(1)(d) Article 125o(1)(b)
Article 65(2) Article 125o(2) second subparagraph
Article 66(1) —
Article 66(2) Article 125o(3)
Article 67 Article 113c(1) and (2)
Article 68 Article 125o(3)
Article 69 Articles 113c(3) and 125o(3)
Article 70(1) Article 135
Article 70(2) Article 128
Article 71 Article 129
Article 72 Articles 130 and 161
Article 73 Articles 131 and 161(2)
Article 74 Articles 132 and 161(2)
Article 75 Articles 133 and 161(2)
Article 76 Article 133a▼M102007R1234 —EN—01.05.2010 —006.001 —303
IP/N/1/EU/G/1 
        - 305 -Regulation (EC) No 479/2008 This Regulation
Article 77 Articles 134 and 170
Article 78 Article 159
Article 79 Article 141(1) first subparagraph
Article 80 Articles 160 and 174
Article 81 Article 143
Article 82 Article 158a
Article 83 Article 144
Article 84(a) Article 158a(4)
Article 84(b) and (c) Article 148(a) and (b)
Article 85(1) to (3) and (5) Article 85a
Article 85(4) Article 188a(1)
Article 86(1) to (4) and (6) Article 85bArticle 86(5) Article 188a(2)
Article 87 Article 85c
Article 88 Article 85d
Article 89 Article 85e
Article 90 Article 85g
Article 91 Article 85h
Article 92 Article 85i
Article 93 Article 85j
Article 94 Article 85k
Article 95 Article 85l
Article 96 Article 85m
Article 97 Article 85n
Article 98 Article 85p
Article 99 Article 85o
Article 100 Article 85q
Article 101 Article 85r
Article 102(1) to (4) and (5) first
subparagraphArticle 85s
Article 102(5) second subparagraphand (6)Article 188a(3)
Article 103 Article 85t
Article 104(1) to (7) and (9) Article 85u
Article 104(8) Article 188a(4)
Article 105 Article 85v
Article 106 Article 85w
Article 107 Article 85x
Article 108 Article 185a(1) and (2)
Article 109 Article 185a(3)
Article 110 Article 185a(4) second subparagraph
Article 111 Article 185b
Article 112 Article 185c
Article 113(1) Article 195(2)▼M102007R1234 —EN—01.05.2010 —006.001 —304
IP/N/1/EU/G/1 
        - 306 -Regulation (EC) No 479/2008 This Regulation
Article 113(2) Article 195(3) and (4)
Article 114 Article 190
Article 115 Article 192
Article 116 Article 194 fourth and fifth para-
graphs
Article 117(a) Article 194 third paragraph
Article 117(b) to (e) Article 194 first paragraph
Article 118 Article 185d
Article 119 Article 182a(1) to (5)
Article 120 Article 184 point (8)
Article 121(a), (b) and (c) Article 185a(4) first subparagraph
and Article 194 third paragraph
Article 121(d) and (e) Article 185b(4)
Article 121(f) Article 185c(3)
Article 121(g) Article 182a(6)
Article 122 to 125 —
Article 126(a) Article 203b
Article 126(b) Article 191
Article 127(1) Article 180 first paragraph
Article 127(2) Article 180 second paragraph
Article 129(3) Article 85f▼M102007R1234 —EN—01.05.2010 —006.001 —305
IP/N/1/EU/G/1 
        - 307 -