EN    EN ENEN 2   EN  EUROPEAN COMMISSION 
Brussels, 10.12.2010 
COM(2010) 738 final 
2010/0354 (COD)   
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Council Regulation (EC) No 1234/2007 
 as regards marketing standards EN 3   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
The Quality Package consists of a set of proposals designed to put in place a coherent 
agricultural product quality pol icy aimed at assisting farmers to better communicate 
the qualities, characteristics and attributes of agricultural product, and at ensuring 
appropriate consumer information. The Quality Package includes:  
– a proposal for a Regulation of the Europ ean Parliament and of the Council on 
agricultural product quality schemes [COM(2010) XXXX]; 
– a proposal to modify Regulation (E C) No 1234/2007 (the single Common 
Market Organisation) concerning market ing standards for agricultural products 
[COM(2010) XXXX]; 
– guidelines setting out best practice for the development and operation of 
certification schemes relating to agricu ltural products and foodstuffs [C(2010) 
XXXX], and  
– guidelines on the labelling of foodstuffs using Protected Designation of Origin 
(PDO) and Protected Geographical Indica tions (PGI) as ingredients [C(2010) 
XXXX].  
1.1. Grounds for and objectives of the proposal 
Farmers and producers of agricultural pr oducts face competitive pressure resulting 
from policy reform, globalisation, the concentr ation of bargaining power in the retail 
sector, and the state of the economy. At the same time, consumers increasingly look 
for authentic products produced using specif ic and traditional methods. In meeting 
this demand, the diversity and quality of  European Union agricultural production 
should be an important strength and source of competitive advantage for Union farmers. 
However, in order for consumers and buyers  to be properly informed about the 
characteristics and farming attributes of ag ricultural product, they need to receive 
accurate and trustworthy la belling information. Providi ng producers with the right 
tools to communicate product characteristics  and farming attributes to buyers and 
consumers, and to protect them against unf air trading practices, is at the heart of 
European Union agricultural product quality policy. 
Most tools already exist at European Un ion level. Analysis and discussion with 
stakeholders has shown that they may be improved, simplified and made more 
coherent. The Quality Package aims to impr ove the Union legislation in the field of 
quality, as well as in the operation of nati onal and private certifi cation schemes, in 
order to make them simpler, more transp arent and easier to u nderstand, adaptable to 
innovation, and less burdensome for producers and administrations.  EN 4   EN 1.2. General context 
Since the 1990s, Union agricultural product qua lity policy has been closely identified 
with three Union schemes, namely for prot ected designations of origin and protected 
geographical indications, for organic fa rming, and for traditional specialities 
guaranteed. In addition, Union marketing standards have provided a legislative framework for fair competition and smooth functioning of the market since the inception of the common agricultural pol icy. These Union standards and schemes 
have been joined in the last decade by an upsurge in the nu mber of certification 
schemes in the private sector – seeking to guarantee to consumers value-adding 
characteristics and attributes , as well as respect for ba seline standards through quality 
assurance certification.  
In 2006, in the context of a recast of the sc heme for protected desi gnations of origin 
and protected geographical indications, the Commission committed to undertake a 
future policy review of the operation of the Regulation and its future development
1. 
In 2007 a major conference was held bringing together all types of  quality schemes: 
‘Food quality certification—adding value to farm produce’. The Conference led to 
the 2008 Green Paper on agricultural product quality2, which elicited over 560 
detailed stakeholder responses and provi ded the input for th e Communication on 
agricultural product quality policy3 in 2009. This set out the following strategic 
orientations: 
– improve communication between farmers, buyers and consumers about 
agricultural pr oduct qualities; 
– increase the coherence of European Un ion agricultural product quality policy 
instruments; and 
– reduce complexity to make it easier for farmers, producers and consumers to 
use and understand the various schemes and labelling terms. 
1.3. Existing provisions on this area 
European Union legislation provides for protection of designations of origin and 
geographical indications system in respect  of agricultural products and foodstuffs. A 
harmonised regulatory system in the European Union was created in 1992 to register valuable names of agricultural products  and foodstuffs produced according to a 
specification in a given geographical ar ea by producers with recognised know-how
4. 
                                                 
1 Addendum to draft minutes; 2720th meeting of the Council of the European Union (Agriculture and 
Fisheries), 20.3.2006 (7702/06 ADD1). 
2 COM(2008) 641, 15.10.2008 
3 COM(2009) 234, 28.05.2009 
4 Regulation (EC) No 510/2006 of the Council on the protection of geographical indications and 
designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006, p. 12). which 
repealed and replaced Regulation (E EC) No 2081/92. Schemes for geog raphical indications are also 
established in the wine sector, and for spirit drinks and for aromatized wines. EN 5   EN Also in 1992, the scheme for traditional speci alities guaranteed set up a register of 
names of food specialties having a traditiona l character, stemming either from their 
traditional composition or trad itional production methods used5.  
As regards marketing standards, there is an extensive body of legislation that has 
developed mostly on a sectoral basis, in the form of regulations and directives 
adopted both at the level of  Council and the Commission.  
In addition, optional qua lity terms, regulated within th e marketing standards, ensure 
that terms describing value adding characterist ics, or farming or processing attributes 
are not misused in the marketplace and can be relied on by consumers in identifying 
different qualities of product.  
1.4. Consistency with other policies 
Agricultural product quality policy forms part of the common agricultural policy. 
The recent Communication6 from the Commission on policy in the period post-2013 
has identified several key challenges in cluding maintaining the diversity of 
agricultural activities in rural areas and enhancing competitiveness, to which agricultural product quality policy will contribut e. The policy also is in line with the 
priorities for the European Uni on set out in the 2020 Communication
7, in particular 
the aims of promoting a more competitive economy, as quality policy is one of the flagships of EU agriculture's competitiveness. 
This proposal is linked to and consistent  with policies on consumer protection and 
information, single market and competition, as well as external trade policy.  
2. RESULTS
 OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
2.1. Consultations 
Stakeholders have been widely consulte d. The main avenues for consultation were 
the Advisory Group on the qua lity of agricultural produc tion, and the Green Paper 
consultation8, which concluded with a high- level conference in March 2009, 
organised by the Czech Presidency. The Council of Ministers adopted conclusions9 
on the Communication in its meeting in June 2009. The European Parliament adopted the resolution, ‘Agricultural product quality policy: what strategy to follow?’
10 in March 2010. Opinions were adopted by the European Economic and 
                                                 
5 Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as 
traditional specialities guaranteed (OJ L 93 31.3.2006 p.1-11) 
6 COM(2010)672 final, 18.11.2010 
7 COM(2010) 2020, 3.3.2010 
8 From 15 October to 31 December 2008 
9 http://register.consilium.europa.eu/pdf/en/09/st10/st10722.en09.pdf   
10 http://www.europarl.europa.eu/sides/getD oc.do?type=TA&refe rence=P7-TA-2010-
0088&language=EN&ring=A7-2010-0029   EN 6   EN Social Committee in January 201011 and the Committee of the Regions in February 
201012.  
2.2. Main outcome of the consultations 
Overall, stakeholders welcomed the orie ntations set out in  the 2009 Communication. 
The main views expressed were the following:  
– For designations of origin and geographi cal indications, simplification of the 
scheme by merging the two instruments (t he ‘protected designation of origin’ 
and the ‘protected geographical indi cation’) was opposed. Merger of the 
existing systems (for wine, spirits, aroma tised wines and agricultural products 
and foodstuffs) was viewed positively by mo st stakeholders, except for those in 
the wine and spirits sectors. The Co mmission was encouraged to further 
simplify, clarify and streamline the syst ems, and to enhance international 
recognition of designations of orig in and geographical indications. 
– For traditional specialities guaranteed, almost unanimous support was 
expressed by stakeholders for continua tion of the TSG scheme, underlining its 
potential and importance for producers of traditional product that does not qualify under the geographica l indications scheme. Some stakeholders called 
for the scheme to be simplified, in particular by discontinuing the possibility to register names without reserving it, a nd streamlined. Stakeholders representing 
producers of product covered by designa tions of origin and geographical 
indications suggested the scheme coul d provide an outlet for such product 
particularly where they are used in recipes. 
– For marketing standards, in general st akeholders welcomed the simplification 
of marketing standards, place of farming labelling, and further development of optional quality terms. 
– the need to address the needs of smal l-scale producers for whom the Union 
designations of origin and geographical indication and tradi tional specialities 
guaranteed schemes are too burdensome was raised. 
2.3. Impact assessment 
Following the 2009 Communication and the main responses to it, two impact 
assessments were prepared with a view to  exploring the options identified in the 
Communication. These covered designations of origin a nd geographical indications, 
and traditional specialities guaranteed. 
Concerning geographical indications , the analysis showed strong justification for a 
Union-level geographical i ndications scheme and disc arded alternatives to a 
European Union scheme for reasons of lo w efficiency and effectiveness (including 
co-regulation and self-regulat ion by the sector, no action at European Union level, 
                                                
 
11 http://eescopinions.eesc.europa.eu/EESCopinionDocument.aspx?identifier=ces\nat\nat448\ces105-
2010_ac.doc&language=EN   
12 http://coropinions.cor.europa.eu/CORopinionDocument. aspx?identifier=cdr\deve-iv\dossiers\deve-iv-
048\cdr315-2009_fin_ac.doc&language=EN   EN 7   EN protection through the intern ational Lisbon Agreement13, replacement by a 
notification system for nati onal geographical indications, and protection through the 
existing Community collective trade mark). The impact assessment identified considerable ground for reducing complex ity and facilitating enforcement by 
merging the agricultural product and foodstu ffs scheme with those in the alcoholic 
beverages sectors, while assuring the speci ficities of each system. However, the 
impact assessment acknowledged the opposition of certain stakeholders to this option.  
Analysis of price data showed that produc er returns for protected designations of 
origin (PDOs) and protected geographical in dications (PGIs) are higher than for non-
designated product and that the PDO labe l commands a higher price than the PGI 
label. The overall value of agricultural products and f oodstuffs sold under PDOs and 
PGIs is 14.2 € billion (1997) at wholesale prices, and estimated at 21 € billion at 
consumer prices. Concerning trade in th e internal market, 18.4% of PDO and PGI 
products are marketed outside th eir Member State of production.  
The impact assessment found that merging the instruments for protected designation 
of origin (PDO) and protected geographi cal indication (PGI) would diminish the 
added-value benefits of the PDO identifica tion. Concerning environmental impacts, 
studies show that some PDO and PGI products come from low intensity farming systems associated with high environmental value. These PDOs and PGIs provide an 
economic underpinning to the environmental public goods. Under the options retained for analysis producers can include  environmental conditions in appropriate 
cases.  
Concerning traditional specialities guaranteed , three options were analysed: 
introducing the term 'traditional' as optiona l quality term and abolishing the current 
scheme; no EU action; and simplifyi ng the current scheme (allowing only 
registration with reservati on of the name). The impact assessment showed that 
eliminating the TSG scheme would lead fo r protected names to loss of the economic 
and social benefits of EU-wide protecti on and was found to be unacceptable to 
stakeholders and to the EU legislator. In addition, the option to protect names 
throughout the single market was identified as  a function that ca n only be undertaken 
effectively at Union level. The current lo w uptake of the traditional speciality 
guaranteed (TSG) scheme meant that data  was limited. Case studies and surveys 
show positive economic and social impacts, including the preserva tion of traditional 
forms of production, access to derogations  from hygiene rules for traditional 
methods, and value adding economic benefits of TSG registration.  
Concerning the non-protected names however , little economic or social impact was 
shown for the abolition option as this f unction could be taken up by national or 
regional schemes and is alrea dy successfully achieved by several national schemes; 
the case for Union action in this regard was therefore difficult to justify on grounds 
of subsidiarity.  
                                                
 
13 Lisbon Agreement for the Protection of Appellations of Origin and their International Registration 
(1958) EN 8   EN In social terms, the designations of PDO,  PGI and TSG were found to contribute to 
the continuation of traditi onal forms of production to th e benefit of both producers 
and consumers. 
However, both the impact assessments for geographical indications and for 
traditional specialities guaranteed highlight ed the widespread failure of these 
schemes to attract participation of very small-scale producers , notwithstanding that 
small-scale producers are often associated w ith artisanal product, traditional methods 
and local marketing, the European Union schemes are seen as burdensome in terms of application, necessitate costly controls, and require adherence to a specification. 
Therefore, further study and analysis w ill be carried out in order to assess the 
problems faced by small-scale producers in participating in Union quality schemes. On the basis of the results of this anal ysis, the Commission ma y propose appropriate 
follow-up. 
Concerning marketing standards , in addition to the impact assessment work 
already done in the context of the 2009 Communication, further impact assessment 
work will be associated as appropriate to  the proposals on the specific standards in 
the context of delegated powers for whic h a legal framework has been provided 
within the alignment of  Regulation 1234/2007 to th e Treaty of Lisbon.  
The texts of the impact assessments can be found on the following website: 
http://ec.europa.eu/
 agriculture/quality /policy/backdocuments-links/index_en.htm   
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
3.1. Summary of the proposed action 
The single Regulation for agricultural pr oduct quality schemes presents three 
complementary schemes (designations of  origin and geographical indications; 
traditional specialities guaranteed; optional quality terms) in a single regulatory 
structure, overseen by a single qualit y policy committee. A separate Regulation 
covers the Marketing Standards.  
3.1.1.  Designations of origin and geographical i ndications, excluding wines, aromatised 
wines and spirits. 
The proposal maintains and reinforces th e scheme for agricu ltural products and 
foodstuffs, but does not bring together th e geographical indications schemes for 
wines, for spirits, or for aromatized wines. In the light of relatively recent reforms of 
the wine and spirits legislati on, at this stage, the schemes should remain distinct. This 
issue can be reconsidered at a later date. In the meantime, the rules for the scheme 
for agricultural products and foodstuffs will be converged, where appropriate, to those for wines. 
The main elements designed to strengthen and simplify the scheme are the following: EN 9   EN – recognition of the roles and responsibilities of groups14 applying for 
registration of names with regard  to monitoring, promotion and 
communication; 
– the reinforcement and clarification of the level of protection of registered 
names and the common Union symbols; 
– the procedure to register names is shortened; 
– the respective roles of  Member States and groups applying for registration have 
been clarified with regard to the enfo rcement of protection of the registered 
names throughout the European Union, and 
– the definitions of designations of orig in and geographical indications are more 
closely aligned to in ternational usage. 
The proposal streamlines the current process of registration of designations of origin 
and geographical indications by shortening time delays. In a ddition, certain legal 
issues are clarified and term inology aligned with the recent ly adopted legislation on 
geographical indications for wine. Minimum common rules on official controls to 
ensure product follows the specification and to ensure correct labelling in the 
marketplace are also laid down. The sc ope of the Regulation is maintained 
(agricultural products for human consumpti on and certain other products), while dark 
chocolate is added.  
3.1.2.  Traditional specialities guaranteed 
The proposal maintains the scheme for reserv ation of names of traditional specialities 
guaranteed across the European Union, but discontinues the option of registering 
names without reservation. The function of  giving publicity, but not protection, to 
traditional products is best accomplished at national (or regional) level, and 
European Union action cannot be justified. The renewed European Union scheme for 
traditional specialities guaranteed is simplif ied (registration process streamlined by 
shortening delays, procedures aligned on PDO-PGI ones) and targeted in several 
respects: the criterion of tradition is extended to 50 years (from 25 years) to reinforce the credibility of the scheme; the scheme  is restricted to prepared meals and 
processed product; and definitions and procedural requirements are substantially simplified to improve understanding of the scheme. 
3.1.3.  Optional quality terms  
Concerning the optional quality terms, which have in common with the quality 
schemes that they are optional and assist farmers to identify value-adding characteristics and attributes of product in  the marketplace, it is proposed to bring 
these into the present regulation. The op tional quality terms are not amended in 
content, but adapted to the legislative fr amework of the Treaty on the Functioning of 
the European Union.  
                                                
 
14 any association, irrespective of its legal form or composition, of producers or processors working with 
the same product EN 10   EN 3.1.4.  Marketing standards 
Following the Communication from the Comm ission on agricultural  product quality 
policy and subsequent debates, it is clear that marketing standards can contribute to 
improving the economic conditions for the pr oduction and marketing as well as the 
quality of such products. A minimum requi rement of "sound, fair and marketable" 
already exists in market manageme nt measures. Extending these minimum 
requirements to those products not covered by specific standards can be useful for 
reassuring the consumers about the basi c quality of the products they buy. 
The proposal also takes into account the n ecessity of the alignm ent to the Treaty on 
the Functioning of the European Union, a nd thus the powers to adopt and develop 
standards in future will be delegated to the Commission.  
Under this new framework, a legal basis for compulsory labelling of place of farming 
will be introduced for all sectors. This allows the Commission, following appropriate 
impact assessments and on a case by case basi s, to adopt delegated acts concerning 
possible mandatory labelling on place of fa rming at the appropriate geographical 
level in order to satisfy the consumers' demands for transparency and information. 
One of the first sectors to be examined will be the dairy sector. At the same time the Commission envisages that for the future the mandatory indication of origin, for 
those sectors in which it already exists, will be maintained. 
3.2. Legal basis (if necessary, just ify choice of legal basis) 
Treaty on the Functioning of the European Union, Article 43(2). 
3.3. Subsidiarity and propor tionality principles 
Concerning subsidiarity , the schemes for designations of origin and geographical 
indications , traditional specialities guaranteed  and optional quality terms , provide 
for the protection or reservation of va lue-adding names and terms throughout the 
territory of the European Union. This has the effect that non-qualifying producers are 
constrained from using the terms. If pr otected by Member States individually, the 
terms and names would enjoy different levels  of protection in each Member State, 
which could mislead consumers, impede intra-Union trade, and make way for 
unequal competition in marketing products identified by quality names and terms. 
The determination of such rights acro ss the European Union can only be done 
effectively and efficiently at Union level. 18% of the value of products sold under the 
PDO and PGI scheme are traded outside their Member State of origin and rely on the 
intellectual property protection afforded  by EU-wide scheme. For the protected 
names under the TSG scheme, sales in the internal market are significant for the producers concerned. Optional quality terms also apply to significant intra-Union 
trade flows and divergent definitions and meanings would impede the operation of 
the market. 
The schemes for designations of origin and geographical indications , and traditional 
specialities guaranteed  rely on Union symbols designe d to convey information about 
the nature of each quality scheme. In order to ensure recognition of the symbols by consumers across the European Union, and thereby facilitate understanding of the 
scheme and trade in quality products ac ross boarders, the symbols need to be 
established at Union level.  EN 11   EN The processing and analysis  of applications for designations of origin and 
geographical indications  and traditional specia lities guaranteed  is a task that need 
not be performed at European Union level, except in so far as certain elements are concerned. These include assessing eligibility for the protection of names across the European Union, upholding the rights of prio r users of the name s (especially those 
outside the Member State of application) , and checking applications for manifest 
errors. The primary detailed analysis of  an application however, can be more 
efficiently and effectively undertaken at national level. 
The operation of labelling schemes designed to identify product having certain 
qualities, but which do not effect the prot ection or reservation of names across the 
European Union, can be most effectively done by national authorities. For this reason 
the proposed revision of the traditional specialities guaranteed  scheme discontinues 
the option to register name s that are not protected. 
The task of controls of all schemes is, in line with Regulation (EC) No 882/2004 on 
official feed and food controls, to be  undertaken in the first place under the 
responsibility of national comp etent authorities. Supervisi on of Member State control 
activities needs to be undertaken at Union le vel in order to maintain credibility in the 
food law schemes across the European Union, in  line with the principles laid down in 
that regulation. 
Concerning  proportionality , the schemes for designations of origin and 
geographical indications  and for traditional specialities guaranteed  entail adherence 
to a strict product specifi cation and effective controls  on production that can be 
burdensome for producers. However, this is  necessary and propor tionate to underpin 
the creditability of the scheme and provide the consumer with an effective guarantee of compliance. Without that guarantee, the c onsumer cannot be expected to pay a fair 
price for the quality products offe red. By contrast the schemes for optional quality 
terms  rely primarily on producers’ own decl arations of conformity, backed up by 
normal agricultural controls by Member Stat es, based on risk assessment. As the 
conditions of participation in these sche mes are lighter than in the case of the 
designations of origin and geographical indications and traditional specialities 
guaranteed, the less-burdensome system of participation and controls is 
proportionate. 
The quality schemes are an essential part  of the strategy of development of the 
common agricultural policy to enable and encourage European Union farmers to 
develop their expertise in marketing hi gh quality product that has value adding 
characteristics and production attributes. As such it is vital that all farmers have access to the schemes. Therefore, while fa rmers must make a considered choice to 
take on the burdens and commitment to ma rket quality product under the schemes, 
equally the policy benefits for the agricultu ral sector and for consumers can only be 
achieved if every farmer who wishes, has access to the schemes. For this reason, it is proportionate to the objective that the sc hemes must be applied by each Member 
State throughout their territories. EN 12   EN 3.4. Choice of instruments 
The proposal for a Regulation of the Eur opean Parliament and of the Council on 
marketing standards consists of a modi fication of Council Regulation (EC) No 
1234/2007 aligned to the rules of the TFEU. 
The regulation is accompanie d by a parallel legislativ e proposal for agricultural 
product quality schemes replacing existing Council Regulations (EC) No 509/2006 and (EC) No 510/2006, and incorporating ex isting provisions relating to optional 
quality terms currently in Council Re gulation (EC) No 1234/2007 establishing a 
common organisation of agricultural market s and on specific provisions for certain 
agricultural products
15 and in Directive 2001/110/EC related to honey16.  
4. BUDGETARY  IMPLICATION   
This proposal does not bear  budgetary implications. 
5. OPTIONAL  ELEMENTS:  SIMPLIFICATION 
The proposed regulation simplifies admi nistration of the schemes by bringing 
different quality schemes for agricultural products as well as the optional quality terms, into one legislative instrument. It  ensures coherence between the instruments 
and makes the schemes more easily understa ndable for stakeholders. The proposal 
clarifies and simplifies provisions for Member States, which are primarily 
responsible for the implementation and control of the schemes.  
The main elements of simplification are: – combination where possible of rules fo r application processes and controls, 
with benefits in terms of coherence of  rules across schemes, ending current 
divergences in procedures; 
– procedures are shortened and streamlined where possible; 
– clarifications are introdu ced in particular in relation to intellectual property 
rights; 
– simpler concepts more easily underst ood by consumers are introduced, notably 
in the traditional specialities guaranteed scheme; 
– a single committee (the quality polic y committee) is established for all 
schemes. This replaces two committees currently operating for the schemes for 
designations of origin and geographical indications, and for traditional specialities guaranteed. 
                                                
 
15 OJ L 299, 16.11.2007, p. 45. 
16 OJ L 10, 12.1.2002, p. 47. EN 13   EN For marketing standards, the proposed modification of Regulation (EC) No 
1234/2007 will represent a simplification in te rms of procedures and it will increase 
the transparency as far as marketi ng standards provisions are concerned. EN 14   EN 2010/0354 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
amending Council Regulation (EC) No 1234/2007 
 as regards marketing standards 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 43(2) thereof, 
Having regard to the proposal from the European Commission, 
Having regard to the opinion of the European Economic and Social Committee17, 
Having regard to the opinion of  the Committee of the Regions18 
After transmission of the proposal  to the national Parliaments, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) The "Communication on agricultural produ ct quality policy "presented by the 
Commission on 28 May 2009 lays down strate gic orientations to improve the 
agricultural product quality policy of the Union
19. This Communication and the 
subsequent discussions of its main elemen ts by the European Parliament, the Council, 
the European Economic and Social Committ ee and the Committee of the Regions, as 
well as numerous contributions arising from  public consultation should be taken into 
account. In particular it is deemed appropria te to maintain mark eting standards by 
sectors or products, in order to take account  of the expectations of the consumers and 
to contribute to the improvement of th e economic conditions for the production and 
marketing of agricultural products  as well as to their quality.  
(2) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common 
organisation of agricultural ma rkets and on specific  provisions for certain agricultural 
products (single CMO Regulation)20 has maintained the sect oral approach provided by 
the previous Common Market Organisations on the marketing standards. Marketing 
standards have evolved on a pi ecemeal basis, instrument by instrument or product by 
product. A more coherent appr oach would help to make th em more understandable for 
the consumers and help producers to eas ily communicate the characteristics and 
                                                 
17 OJ C …, p. ... 
18 OJ C…, p. 
19 COM (2009) 234, 28.5.2009 
20 OJ L 299, 16.11.2007, p.45. EN 15   EN attributes of their products. It is therefore appropriate to  introduce therein provisions 
of a horizontal nature. 
(3) Regulation (EC) No 1234/2007 confers pow ers to the Commi ssion in order to 
implement some of the provisi ons on marketing standards. 
(4) As a consequence of the en try into force of the Lis bon Treaty, the Commission powers 
conferred for the implementation of the pr ovisions on marketing standards provided 
for in Regulation (EC) No 1234/2007 need ther efore to be aligned to Article s 290 and 
291 of the Treaty on the Functioning of  the European Union (TFEU).  
(5) The Commission should have the power to adopt delegated acts in accordance with 
Article 290 TFEU in order to supplement or  amend certain non-essential elements of 
Section I of Chapter I of Title II of Part II of Re gulation (EC) No 1234/2007. The 
elements for which that power may be exer cised should be define d, as well as the 
conditions to which that delegation is to be subject.  
(6) In order to guarantee a uniform applicati on of marketing standards in all Member 
States, the Commission should be empo wered to adopt implementing acts in 
accordance with Article 291 TFEU. Save wh ere explicitly provided otherwise, the 
Commission should adopt those implementing acts in accordance with the provisions 
of Regulation (EU) No [xxxx/yyyy] of the European Parliament and the Council on… 
[to be completed following the adoption of the regulation on control mechanisms, as 
referred to in Article 291(2) of the TFEU, currently the subject of discussion by the 
European Parliament and the Council] . 
(7) The application of standards for the marke ting of agricultural products can contribute 
to improving the economic conditions for th e production and marketing as well as the 
quality of such products. The application of su ch standards is therefore in the interest 
of producers, traders and consumers.  
(8) In order to guarantee that all products are of sound, fair and marketable quality, and 
without prejudice to provisions  adopted in the food sector and, in particular, general 
food law contained in Regulat ion (EC) No 178/2002 of the European Parliament and 
of the Council of 28 January 2002 laying  down the general principles and 
requirements of food law, establishing the Eu ropean Food Safety Authority and laying 
down procedures in ma tters of food safety21 and principles and re quirements thereof, a 
basic general marketing sta ndard as envisaged in the aforementioned Communication 
of the Commission should be appropriate  for products not covered by marketing 
standards by sectors or products. When su ch products conform to an applicable 
international standard, as appropriate, those products should be cons idered as 
conforming with the general marketing standard. 
(9) For some sectors and/or products, definitions , designations and/or sales descriptions 
are an important element for the dete rmination of conditions of competition. 
Therefore, it is appropriate to lay down de finitions, designations and sales descriptions 
for those sectors and/or pr oducts, which should only be us ed in the Union for the 
marketing of products which comply with the corresponding requirements.  
                                                 
21 OJ L 31, 1.2.2002, p. 1.  EN 16   EN (10) Under Regulation (EC) No 1234/2007 the Commission has, so far, been entrusted with 
the adoption of the provisions  on marketing standards for certain sectors. Given their 
detailed technical character and the need to constantly improve their effectiveness and to adapt them to evolving trade practices, it is appropriate to extend this approach to 
all marketing standards, while specifying the cr iteria to be taken in to account in setting 
out the relevant rules. 
(11) Marketing standards should apply to enable the market to be supplied with products of 
standardised and satisfactory quality. They s hould relate, in particular, to definitions, 
grading into classes, presentation a nd labelling, packaging, production method, 
conservation, transport, information on pr oducers, content of certain substances, 
related administrative documents, storage,  certification, marke ting and time limits.  
(12) In particular, taking into account the intere st of consumers to receive adequate and 
transparent product information, it should be possible to determine appropriate 
indications of place of farming, on a case by case approach at the appropriate 
geographical level, while taking into account  the specificities of some sectors, in 
particular concerning proce ssed agricultural products.  
(13) It is appropriate to determine certain oenol ogical practices and restrictions for the 
production of wine.  
(14) The Commission, when defining marketing st andards by sectors or products, should 
take into account the expectations of the c onsumers, the specificity of each sector and 
recommendations of International Bodies. In order to meet the international standards, for further oenological practi ces the Commission should as a general rule base itself 
on the oenological practices recommended by th e International Organisation of Vine 
and Wine (OIV). 
(15) Specific measures, in particular methods of analysis, may need to be adopted to avoid 
abuses as regards the quality and authen ticity of the products presented to the 
consumers. To guarantee compliance with the marketing standards, there is a need for 
controls and the applicatio n of penalties in case of non-compliance with such 
obligations. Member States will have to a ssume the responsibility  of such controls. 
(16) Marketing standards should, in principle, apply to all products marketed in the Union. 
It is appropriate to provide special rules in respect of products imported from third countries according to which sp ecial provisions in force in  certain third countries may 
justify derogations from th e marketing standards if th eir equivalence to Union 
legislation is guaranteed. Provi sions concerning wine should be  applied in the light of 
the agreements concluded under Article 218 TFEU. 
(17) It is appropriate to set up rules for the cl assification of wine grape varieties, according 
to which Member States producing more than 50 000 hectolitres per year should 
continue to be responsible for classifying the wine grape varieties from which wine 
may be made on their territo ries. Certain wine grape va rieties should be excluded. 
(18) As regards spreadable fats, it is appropriate to introduce the possibility for Member 
States to maintain or adopt certain national rules on quality levels.  
(19) For the wine sector, Member States should be  allowed to limit or to exclude the use of 
certain oenological practices and keep more  stringent restrictions for wines produced EN 17   EN in their territory, as well as experimental  use of unauthorized oenological practices 
under conditions to be defined.  
(20) Regulation (EC) No 1234/2007 should therefore be amended accordingly, 
HAVE ADOPTED THIS REGULATION: 
Article 1 
Regulation (EC) No 1234/2007 is amended as follows: 
(1)* A new Article 4a is inserted: 
"Article 4a 
 
[Adoption of delegated and implementing acts] 
Where powers are conferred upon the Commission, it shall act in accordance with 
the procedure referred to in Article 196a in the case of delegated acts, and in 
accordance with the procedure referred to in Article 196b in the case of implementing acts, save where explicitly  provided otherwise in this Regulation ." 
(2) In Part II, Title II, Chapter I, Section I the following new articles are inserted before 
Article 113: 
"Article 112a 
 
Scope 
Without prejudice to any other provisions applicable to products listed in Annex I 
and to agricultural ethyl alcohol as referred to in Part I of Annex II, as well as the 
provisions adopted in th e veterinary and food  sectors to ensure that products comply 
with hygiene and health standards and to protect animal and human health, this 
Section lays down the rules concerning the general marketing standard and 
marketing standards by sector and/or product for products lis ted in Annex I and 
agricultural ethyl alcohol as refe rred to in Part I of Annex II." 
Article 112b 
 
 Conformity with the general marketing standard 
1. For the purposes of this Regulation a product complies with the "general 
marketing standard" if it is of sound, fair and marketable quality. 
2. Where no marketing standards as referred to in Articles 112e, 112f and 112h 
and in Council Directives 2000/36/EC*, 2001/112/EC**, 2001/113/EC***, 2001/114/EC****
, 2001/110/EC*****, 2001/111/EC******, were established, 
products listed in Annex I to this Regulat ion which are ready for retail sale as EN 18   EN human food as referred to in Article 3(7) of Regulation (EC) No 178/2002 of 
the European Parliament and of the Council******* may only be marketed if 
they conform to the general marketing standard. 
3. A product shall be considered as confor ming to the general marketing standard 
where the product intended to be marketed is in conformity w ith an applicable 
standard, as appropriate, adopted by a ny of the internatio nal organisations 
listed in Annex XIIb. 
Article 112c 
 
Delegated powers concerning general marketing standard 
In order to address changes in  the market situation, taking  into account the specificity 
of each sector , the Commission may, by means of dele gated acts, adopt, modify and 
derogate from  requirements related to the general marketing standard referred to in 
Article 112b(1), and rules concerning the conformity referred to in paragraph 3 of that Article . 
Article 112d 
 
Marketing standards by sectors or products  
The products for which marketing standards by sectors or products have been laid 
down may be marketed in the Union only in accordance with such standard.  
Article 112e 
 
Establishment and content of marketi ng standards by sectors or products  
1. In order to take account of the expectat ions of consumers and to contribute to 
the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality, the Commission may, by 
means of delegated acts, adopt mark eting standards by sector or product 
referred to in Article 112a, at all stages  of the marketing, as  well as derogations 
and exemptions from the application of su ch standards in order to adapt to the 
constantly changing market conditions, to the evolvi ng consumer demands, as 
well as in order to take account of de velopments in rele vant international 
standards and avoid creating obstacles to product innovation. 
2. The marketing standards referred to in paragraph 1 may relate where 
appropriate to the requirements for: 
(a) the definition, designation and/or sale s descriptions other than those set 
out in this Regulation a nd lists of carcasses and parts thereof to which 
Annex XIIa applies; 
(b) classification criteria such as grading into cla sses, weight, sizing, age and 
category; EN 19   EN (c) the plant variety or animal race or the commercial type; 
(d) the presentation, sales descriptio ns, labelling linked to obligatory 
marketing standards, packaging, rules to  be applied in relation to packing 
centres, marking, wrapping, year of ha rvesting and use of specific terms; 
(e) criteria such as appearance,  consistency, conformation, product 
characteristics; 
(f) specific substances used in produc tion, or components or constituents, 
including their quantitative content, purity and identification; 
(g) the type of farming and pr oduction method including oenological 
practices and related administrativ e rules, and operating circuit; 
(h) coupage of must and wine including definitions thereof, blending and 
restrictions thereof; 
(i) the conservation method and temperature; (j) the place of farming and/or origin; (k) the frequency of collection, deliv ery, preservation and handling; 
(l) the identification or registration of the producer  and/or the industrial 
facilities in which the product has been prepared or processed; 
(m) the percentage of water content; (n) restrictions as regards the use of  certain substances and/or practices; 
(o) specific use; (p) commercial documents, accompanying documents and registers to be 
kept; 
(q) storage, transport; (r) the certificat ion procedure; 
(s) the conditions governin g the disposal, the holdi ng, circulation and use of 
products not in conformity to the marketing standards by sectors or 
products as referred to in paragraph 1 and/or to the definitions, 
designations and sales descriptions refe rred to in Article 112f, as well as 
the disposal of by-products; 
(t) time limits; (u) notifications by the Member States, notifications from different 
establishments to the competent authorities of the Member States and rules for obtaining statistical information on the markets in different products. EN 20   EN 3. The marketing standards by sectors or by products referred to in paragraph 1 
shall be established without prejudice to the provisions on Optional Quality 
Terms of Regulation of the European  Parliament and of the Council******** 
[Regulation on agricultural product quality schemes ], and taking into account: 
(a) the specificities of the products concerned; 
(b) the need to ensure the conditions for a smooth placing of those products 
on the market; 
(c) the interest of consumers to rece ive adequate and transparent product 
information, including the place of farming to be determined on a case by case approach at the appropriate geographical level; 
(d) where appropriate the methods us ed for determining their physical, 
chemical and organoleptic characteristics; 
(e) the standard recommendations  adopted by inte rnational bodies. 
Article 112f 
 
Definition, designation and/or sale descri ption for certain se ctors and/or products 
1. The definitions, designations and/or  sale descriptions provided for in 
Annex XIIa shall apply to th e following sectors or products: 
(a) olive oil and table olives , (b) wine, (c) beef and veal , (d) milk and milk products intended for human consumption , (e) poultrymeat, (f) spreadable fats inte nded for human consumption 
2. A definition, designation or sale description provided for in Annex XIIa may 
be used in the Union only for the mark eting of a product wh ich complies with 
the corresponding requirements laid down in Annex XIIa.  
3. In order to adapt to evolving consumer demands, and in order to take  technical 
progress into account and avoid creati ng obstacles to pr oduct innovation, the 
Commission may , by means of delegated acts, adopt any necessary 
modification, derogation or exemption to the definitions and sales descriptions 
provided for in Annex XIIa.  EN 21   EN Article 112g 
 
Tolerance 
In order to take into account the specif icity of each sector, the Commission may, by 
means of delegated acts, adopt a toleran ce for each standard beyond which the entire 
batch of products will be consider ed as not respecting the standard.  
Article 112h 
 
Oenological practices  
1. Where the International Organisa tion of Vine and Wine (OIV) has 
recommended and published methods of analysis for determining the composition of products and rules wher eby it may be established whether 
products have undergone processes cont rary to the authorised oenological 
practices, these should be the methods and rules applicable. 
Where there are no methods and rules recommended and published by the 
OIV, corresponding methods and rules shall be adopted by the Commission as referred to in point(g) of Article 112e(2).  
Pending the adoption of such rules, the me thods and rules to be used shall be 
those allowed by the Member State concerned. 
2. Only oenological practices authorised  in accordance with Annex XIIc and 
provided for in point (g) of Article 112e (2) and in Article 11 2k(2) and (3) shall 
be used in the production and conserva tion in the Union 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.  
Authorised oenological practices sha ll only be used for the purposes of 
ensuring proper vinification, proper pres ervation or proper refinement of the 
product. 
Products of the wine sector shall be pr oduced in the Union in accordance with 
the relevant restrictions laid down in Annex XIIc. 
Products of the wine sector listed in  Part II of Annex XIIa, which have 
undergone unauthorised Union oenologica l practices or, where applicable, 
unauthorised national oenological prac tices or which contravene the 
restrictions laid down in Annex XIIc, shall not be marketed in the Union. 
3. When authorising oenological practices fo r wine as referred to in point(g) of 
Article 112e(2), the Commission shall: EN 22   EN (a) base itself on the oenological pr actices and methods of analyses 
recommended and published by the OIV as well as on the results of experimental use of as yet unaut horised oenologi cal practices;  
(b) take into account the pr otection of human health; 
(c) take into account the pos sible risk of consumers be ing misled due to their 
established expectations and perceptions , having regard to the availability 
and feasibility of informational means to exclude such risks; 
(d) allow the preservation of the natural and essential characteristics of the 
wine and not cause a substantial chan ge in the composition of the product 
concerned; 
(e) ensure an acceptable minimu m level of environmental care; 
(f) respect the general rules concerning oenological practices and restrictions 
laid down in Annex XIIc. 
Article 112i 
 
Wine grape varieties 
1. Products listed in Part II of Annex X IIa and produced in the Union shall be 
made from wine grape varieties classifi able according to paragraph 2 of this 
Article. 
2. Subject to paragraph 3, Member Stat es shall classify which wine grape 
varieties may be planted, replanted or  grafted on their territories for the 
purpose of wine production. 
Only wine grape varieties meeting the following conditions may be classified 
by Member States: 
(a) the variety concerned belongs to th e Vitis vinifera or comes from a cross 
between the species Vitis vinifera an d 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 va riety shall take place within 15 years 
of its deletion. 
3. Member States whose wine production does not exceed 50 000 hectolitres per 
wine year, calculated on the basis of the average production during the latest 
five wine years, shall be exempted from  the classification obligation referred to 
in the first subparagraph of paragraph 2. EN 23   EN However, also in the Member States re ferred to in the fi rst subparagraph, only 
wine grape varietie s complying with the second subparagraph of paragraph 2 
may be planted, replanted or grafte d for the purpose of wine production. 
4. By way of derogation from the first and third subparagraphs of paragraph 2 and 
the second subparagraph of paragraph 3, the planting, replanting or grafting of 
the following wine grape varieties sha ll be allowed by the Member States for 
scientific research and experimental purposes: 
(a) wine grape varieties which are not classified as far as Member States 
referred to in paragraph 3are concerned; 
(b) wine grape varieties which do not comply with points (a) and (b) of the 
second subparagraph of paragraph 2 as far as Member Stat es referred to 
in paragraph 3 are concerned. 
5. Areas planted with wine grape vari eties for the purpose of wine production 
planted in breach of paragraphs  2, 3 and 4 shall be grubbed up. 
However, there shall be no obligation to  grub up such areas where the relevant 
production is intended exclusively fo r consumption by the wine-producers’ 
households. 
6. Member States shall take the necessary measures to check compliance by 
producers with paragraphs 2 to 5. 
Article 112j 
 
Specific use of wine  
Except for bottled wine in respect of which there is evidence that bottling was 
performed before 1 September 1971, wine pr oduced from wine grap e varieties listed 
in the classifications drawn up in acco rdance with the first subparagraph of 
Article 112i(2) but not conforming to one of  the categories laid down in Part II of 
Annex XIIa, shall be used only for c onsumption by individual wine-producers’ 
households, for the production of wi ne vinegar or for distillation.  
Article 112k 
 
National rules for certain products and/or sectors 
1. Notwithstanding Article 112e  (1), Member States may adopt or maintain 
national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to  be assessed on the basis of criteria 
relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical  and microbiologi cal stability. 
Member States making use of this option provided for in the first subparagraph 
shall ensure that other Me mber States' products which comply with the criteria 
laid down by those national rules may, under non-discriminatory conditions, EN 24   EN use terms which, by virtue of those rules,  state that those criteria are complied 
with.  
2. Member States may limit or exclude th e use of certain oenological practices 
and provide for more stringent restrict ions for wines authorised under Union 
law produced in their territory with a vi ew to reinforcing the preservation of 
the essential characteristics of wines with  a protected designation of origin or a 
protected geographical indication and of  sparkling wines and liqueur wines. 
Member States shall communicate those li mitations, exclusions and restrictions 
to the Commission, which shall bring th em to the attention of the other 
Member States. 
3. Member States may allow the experime ntal use of unauthorised oenological 
practices under conditions specified by the Commission by means of delegated 
acts adopted pursuant to paragraph 4.  
4. In order to ensure the correct and transparent application, the Commission 
may, by means of delegated acts, specify the conditions for the application of 
paragraphs 1, 2 and 3 as well as the c onditions for the holding, circulation and 
use of the products obtained from the expe rimental practices as referred to in 
paragraph 3. 
Article 112l 
 
Marketing standards related to import and export 
In order to take account of  the specificities in trade between th e Union and certain 
third countries and of the special character of some  agricultural products, the 
Commission may, by means of delegated ac ts, define the conditions under which 
imported products are considered as providi ng an equivalent level of compliance 
with the Union requirements concerning marketing standards and which allow for 
measures derogating from Article 112d and determine the rules relating to the 
application of the marketing standard s to products exported from the Union. 
Article 112m 
 
Special provisions for the imports of wine 
1. Save as otherwise provided for in agreements concluded pursuant to 
Article 218 TFEU the provisions con cerning designation of origin and 
geographical indications and labelling of wine  set out in the Subsection I of 
Section Ia of this Chapter and in the de finitions and sales de scriptions referred 
to in Article 112f of this Regulation shall apply to products falling under CN 
codes 2009 61, 2009 69 and 2204 which are imported into the Union. 
2. Save as otherwise provided for in agreements concluded pursuant to 
Article 218 of the TFEU, products referred to in paragraph 1 of this Article 
shall be produced in accordance with oenological practices recommended and EN 25   EN published by the OIV or authorised by the Union pursuant to this Regulation 
and measures adopted pursuant to this Regulation.  
3. The import 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 b ody or department designated by the 
product’s country of origin, in so far as  the product is intended for direct 
human consumption. 
Article 112n 
 
National checks 
Member States shall carry out checks, base d on a risk analysis, in order to verify 
whether products conform to the rules laid  down in this Section and shall apply 
administrative penalties as appropriate. 
Article 112o 
 
Implementing powers  
The Commission may, by means of implemen ting acts, adopt all necessary measures 
related to this Section and in particular: 
(a) lay down rules for the implementatio n of the general marketing standard; 
(b) lay down rules for the implementation of  the definitions and sales descriptions 
provided for in Annex XIIa;  
(c) draw up the list of the products referred to in the second paragraph of point 5 of 
Part III of Annex XIIa and in point (a) of the sixth paragraph of Part VI of 
Annex XIIa, on the basis of indicative lis ts of products which Member States 
regard as corresponding in their territo ry to the products referred to in the 
second paragraph of th e point 5 of Part II I of Annex XIIa and in point (a) of the 
sixth paragraph of Part VI  of Annex XIIa and which Member States shall send 
to the Commission;  
(d) lay down rules for the implementation of  the marketing standards by sectors or 
products including the detailed rules for the taking of samples and the methods 
of analysis for determining the composition of products;  
(e) lay down rules whereby it may be established whether products have 
undergone processes contrary to the authorised oenological practices;  EN 26   EN (f) lay down rules for performing the ch ecks of compliance w ith the marketing 
standards by sectors or products;  
(g) lay down rules for fixing of the tolerance level; (h) adopt provisions related to the au thorities responsible for performing the 
checks for compliance as well as to the content, the frequency and the 
marketing stage to which those checks shall apply; 
(i) adopt the necessary measures for the implementation of the derogation 
provided for in Article 112l. 
* OJ L 197, 3.8.2000, p. 19 
** OJ L 10, 12.1.2002, p. 58 *** OJ L 10, 12.1.2002, p. 67 **** OJ L 15, 17.1.2002, p. 19 ***** OJ L 10, 12.1.2002, p. 47 ****** OJ L 10, 12.1.2002, p. 53 ******* OJ L 31, 1.2.2002, p. 1. ********" EN 27   EN (3) Article 113 is deleted. 
(4) Article 113a is amended as follows: 
(a) Paragraph 2 is replaced by the following: 
"2. The marketing standards referred to in paragraph 1 and any marketing 
standard applicable to the fruit and vegetables and the processed fruit and 
vegetables sectors shall apply at all marketing stages including import 
and export unless otherwise provided for by the Commission." 
(b) In paragraph 4, the first sentence is replaced by the following: 
 "Without prejudice to any specific provisions which may be adopted by 
the Commission in accordance with Article 194, in particular on the consistent application in the Member States of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors,  check selectively, based on a risk 
analysis, whether the products con cerned conform to the respective 
marketing standards. These checks shall be focused on the stage prior to dispatch from the production areas when the products are being packed 
or loaded. For products from third countries, checks shall be done prior to release for free circulation."  
(5) Articles 113d, 118, 120, 120a to 120g, points (a)( b)(c)(d)(e)(f)(g)(h)(i )(j), of the first 
paragraph, as well as the second, third a nd fourth paragraph of Article 121 and 
Article 158a are deleted.  
(6) In Chapter I of Part VII, the fo llowing Articles 196a and 196b are added: 
 
"Article 196a 
 
Delegated acts 
1. The powers to adopt the delegated acts referred to in this Regulation shall be 
conferred on the Commission for an indete rminate period of time. As soon as it 
adopts a delegated act, the Commission sh all notify it simultaneously to the 
European Parliament and to the Council. 
2. The delegation of power referred to in  paragraph 1 may be revoked at any time 
by the European Parliament or by the Council.  
 The institution which has commenced an  internal procedure for deciding 
whether to revoke the delega tion of power shall endea vour to inform the other 
institution and the Commission within a reasonable time before the final 
decision is taken, indicating the delega ted powers which could be subject to 
revocation and possible r easons for a revocation.  
 The decision of revocation shall put an  end to the delegation of the powers 
specified in that decision. It shall take effect immediately or at a later date EN 28   EN specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the O fficial Journal of the European Union. 
3. The European Parliament and the Council may object to the delegated act 
within a period of two months from the da te of notification. At  the initiative of 
the European Parliament or the Council this period shall be extended by one month. 
 If, on the expiry of that period, neith er the European Parliament nor the 
Council has objected to the delegated act it shall be published in the Official 
Journal of the European Union and shall enter into force at the date stated 
therein.  
 The delegated act may be published in the Official Journal of the European 
Union and enter into force before the e xpiry of that period if the European 
Parliament and the Council have bot h informed the Commission of their 
intention not to raise obj ections. If the European Pa rliament or the Council 
objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. 
Article 196b 
 
Implementing acts-Committee 
 [Where implementing acts are adopted  pursuant to this Regulation, the 
Commission shall be assisted by the Co mmittee referred to in Article 195 of 
this Regulation and the procedure provide d for in Article [5] of Regulation 
(EU) No [xxxx/yyyy]( to be completed following the adoption of the regulation 
on control mechanisms, as referred to in  Article 291(2) of the TFEU, currently 
the subject of discussion by th e European Parliament and the Council )shall 
apply.]" 
(7) Annexes XIa, XIb, XII, XIII, XIV, XV, XVa, XVb, XVI are deleted subject to the 
Article 2(1) of this Regulation. 
(8) New Annexes XIIa XIIb and XIIc are insert ed, the text of which is set out in Annex I 
to this Regulation. 
Article 2 
1. Articles 113a, 113b, 114, 115, 116, 117 (1) to (4) of Regulation (EC) No 1234/2007 
as well as Annexes XIa (II) second paragra ph, XIa (IV to IX); XII (IV)(2), XIII (VI) 
second paragraph, XIV(A), XIV (B)(I) (2) a nd (3), XIV (B)(III) and XIV (C), XV 
(II), (III), (IV) and (VI), to that Regul ation, for the purpose of applying those 
Articles, shall continue to apply until the date to be determined pursuant to paragraph 2.  
2. In order to ensure legal certainty as rega rds the application of marketing rules, the 
Commission shall, by means of delegated acts, determine the date on which the 
provisions of Regulation (EC) No 1234/2007 referred to in the paragraph 1of this EN 29   EN Article or parts thereof cease to  apply to the sector concerned. That date shall be the 
date of application of the corresponding mark eting rules to be es tablished pursuant to 
the delegated acts provided for in the amen dments introduced by point (2) of Article 
1 of this Regulation. 
Article 3 
This Regulation shall enter into force on the se venth day following that of its publication in 
the Official Journal of  the European Union . 
However, Article 112b of Regulation (EC) No 1234/2007 as inserted by point (2) of Article 1 
of this Regulation shall apply from […./ one year after the entry into force ]. 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President EN 30   EN ANNEX I  
‘Annex XIIa 
Definitions, designations and sales descri ption of products ref erred to Article 112f 
For the purposes of this Annex, the sale desc ription is the name under which a foodstuff is 
sold, within the meaning of Article 5(1) of Directive 2000/13/EC of the European Parliament 
and of the Council *  
PART I. MEAT OF BOVINE ANIMALS AGED 12 MONTHS OR LESS 
I. Definition 
For the purposes of this Part of the A nnex, “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. 
On slaughter, all bovine animals aged 12 mont hs or less shall be  classified by the 
operators, under the supervisi on of the competent authority, 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. 
II. Sales descriptions 
1. The meat of bovine animals aged 12 months  or less shall only be marketed in 
the Member States under the following sa les description(s) laid down for each 
Member State: 
(A) For the meat of bovine animals aged 8 months or less (category 
identification letter V): 
Country of marketing  Sales descriptions to be used 
 
Belgium  veau, viande de 
veau/kalfsvlees/Kalbfleisch 
Bulgaria  месо  от малки  телета  
Czech Republic  Telecí EN 31   EN Denmark  Lyst kalvekød 
Germany  Kalbfleisch 
Estonia  Vasikaliha 
Greece  µ οσχάρι  γάλακτος  
Spain  Ternera blanca, carne de ternera blanca 
France  veau, viande de veau 
Ireland  Veal 
Italy  vitello, carne di vitello 
Cyprus  µ οσχάρι  γάλακτος  
Latvia  Te ļa gaļa 
Lithuania  Veršiena 
Luxembourg  veau, viande de veau/Kalbfleisch 
Hungary  Borjúhús 
Malta  Vitella 
Netherlands  Kalfsvlees 
Austria  Kalbfleisch 
Poland  Ciel ęcina 
Portugal  Vitela 
Romania  carne de vi țel 
Slovenia  Teletina 
Slovakia  Te ľacie mäso 
Finland  vaalea vasikanliha/ljust kalvkött 
Sweden  ljust kalvkött 
United Kingdom  Veal 
 
(B) For the meat of bovine animals in category aged more than 8 months but 
not more than 12 months (cat egory identification letter Z): EN 32   EN Country of marketing  
 Sales descriptions to be used 
Belgium  jeune bovin, viande de jeune bovin / 
jongrundvlees/ Jungrindfleisch 
Bulgaria  Телешко  месо  
Czech Republic  hov ězí 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 ga ļa 
Lithuania  Jautiena 
Luxembourg  jeune bovin, viande de jeune 
bovin/Jungrindfleisch 
Hungary  Növendék marha húsa 
Malta  Vitellun 
Netherlands  rosé kalfsvlees 
Austria  Jungrindfleisch 
Poland  m łoda wołowina 
Portugal  Vitelão 
Romania  carne de tineret bovin 
Slovenia  meso težjih telet EN 33   EN Slovakia  mäso z mladého dobytka 
Finland  vasikanliha/kalvkött 
Sweden  Kalvkött 
United Kingdom  Beef 
 
2. The sales descriptions referred to in  point 1 may be supplemented by an 
indication of the name or designation of the pieces of meat or offal concerned. 
3. The sales descriptions listed for categor y V in point A of the table set-out in 
point 1 and any new name derived from those sales descriptions shall only be 
used if the requirements of this Annex are met. 
 In particular, the terms “veau”, “telecí”, “Kalb”, “µ οσχάρι ”, “ternera”, “kalv”, 
“veal”, “vitello”, “vitella”,  “kalf”, “vitela” and “teletin a” shall not be used in a 
sales description or be in dicated on the labelling of the meat of bovine animals 
aged more than 12 months. 
4. The conditions referred to in 1 shall not  apply to the meat of bovine animals for 
which a protected designation of origin  or geographical indication has been 
registered in accordance with Regulation (EC) No 510/2006 **, before 29 June 2007. EN 34   EN PART II. GRAPEVINE PRODUCTS  
(1) Wine 
Wine shall be the product obtained exclusiv ely 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 applica tion of the processes specified in Section 
B of Part I of Annex XIIc , an actual alcoholic streng th of not less than 8,5% 
volume provided that the wine derives ex clusively from grapes harvested in 
wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine-growing zones; 
(b) have, by way of derogation from th e otherwise applicable minimum actual 
alcoholic strength, where it has a protected  designation of origin or a protected 
geographical indication, whether or not following application of the processes 
specified in Section B of Part I of Anne x XIIc, an actual alcoholic strength of 
not less than 4,5 % volume; 
(c) have a total alcoholic strength of not more than 15 % volume. However, by 
way of derogation: 
– the upper limit for the total alcoholic strength may reach up to 20 % 
volume for wines which have been produced without any enrichment 
from certain wine-growing areas of the Union, to be determined by the Commission by means of delegated ac ts pursuant to Article 112e(1), 
– the upper limit for the total alcoholi c strength may exceed 15 % volume 
for wines with a protected designation of origin which have been produced without enrichment; 
(d) have, subject to derogations whic h may be adopted by the Commission by 
means of delegated acts pursuant to Artic le 112e(1), a total acidity content, 
expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 
milliequivalents per litre. 
 “Retsina” shall be wine produced exclus ively in the geogra phical territory of 
Greece using grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining “Retsina” 
wine under the conditions laid down in Greece’s applicable provision. 
 By way of derogation from point (b) “T okaji eszencia” and “Tokajská esencia” 
are considered wine. 
 However, notwithstanding Article 112f(2 ), Member States may allow the use 
of the term “wine” if:  
– it is accompanied by the name of a fruit in the form of a composite name 
to market products obtained by the fermentation of fruit other than 
grapes; or EN 35   EN – it is part of a composite name. 
 Any confusion with products correspondi ng to the wine categories in this 
Annex shall be avoided. 
(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 whic h 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 alcohol ic strength of not less th an 17,5 % volume, except for 
certain liqueur wines with a designati on of origin or with a geographical 
indication appearing on a list to be drawn up by the Commission by means of 
delegated acts pursuant to Article 112e(1); 
(c) which is obtained from: 
– grape must in fermentation, 
– wine, 
– a combination of the above products, or 
– grape must or a mixture thereof with wine for certain liqueur wines with 
a protected designation of origin or a protected geographical indication, 
to be determined by the Commission by means of delega ted acts pursuant 
to Article 112e(1); 
(d) which has an initial natural alcohol ic strength of not less than 12 % volume 
except for certain liqueur wines with a protected designation of origin or a 
protected geographical indi cation appearing on a list to be drawn up by the 
Commission by means of delegated ac ts pursuant to Article 112e(1); 
(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, havi ng an actual alcoholic strength of 
not less than 96 % volume, 
– wine or dried grape distillate, havi ng an actual alcoholic strength of 
not less than 52 % volume and not more than 86 % volume; 
(ii) together with one or more of the following products  where appropriate: EN 36   EN – concentrated grape must, 
– a combination of one of the products referred to in point (e)(i) with 
a grape must referred to in the firs t and fourth indent of point (c); 
(f) to which, by way of derogation from poi nt (e), has been a dded, in so far as 
certain liqueur wines with a protected designation of origin or a protected 
geographical indication are concerned wh ich appear on a list to be drawn up by 
the Commission by means of delegated acts pursuant to Article 112e(1): 
(i) either of products listed in point (e )(i) individually or in combination; or 
(ii) one or more of the following products: 
– wine alcohol or dried grape alcohol with an actual alcoholic 
strength of not less than 95 % volume and not more than 96 % volume, 
– spirits distilled from wine or from grape marc, with an actual 
alcoholic strength of not less than 52 % volume and not more than 86 % volume, 
– spirits distilled from dried grapes, with an actual alcoholic strength 
of not less than 52 % volume and of less than 94,5 % volume; and 
(iii) one or more of the follo wing products, where appropriate: 
– partially fermented grape must obtained from raisined grapes, 
– concentrated grape must obtaine d by the action of direct heat, 
complying, with the exception of th is operation, with the definition 
of concentrated grape must, 
– concentrated grape must, 
– a combination of one of the products  listed in point (f)(ii) with a 
grape must referred to in the first and fourth indents of point (c). 
(4) Sparkling wine 
Sparkling wine 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 open ed, releases carbon dioxide derived 
exclusively from fermentation; EN 37   EN (c) which has an excess pressure, due to carbon dioxide in so lution, of not less 
than 3 bar when kept at a temperatur e of 20 °C in closed containers; and 
(d) for which the total alcoholic stre ngth 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 
– from wine; 
(b) which, when the container is open ed, releases carbon dioxide derived 
exclusively from fermentation; 
(c) which has an excess pressure, due to carbon dioxide in so lution, of not less 
than 3,5 bar when kept at a temperatur e of 20 °C in closed containers; and 
(d) for which the total alcoholic stre ngth 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 whic h is derived from specific wine grape 
varieties on a list to be drawn up by the Commission by means of delegated 
acts pursuant to Article 112e(1).  
 Quality aromatic sparkling wines tr aditionally produced using wines when 
constituting the cuvée, shall be de termined by the Commission by means of 
delegated acts pursuant to in Article 112e(1); 
(b) which has an excess pressure, due to carbon dioxide in so lution, of not less 
than 3 bar when kept at a temperat ure of 20°C in closed containers; 
(c) of which the actual alcoholic strength  may not be less than 6 % volume; and 
(d) of which the total alcoholic streng th may not be less than 10 % volume. 
(7) Aerated sparkling wine 
Aerated sparkling wine shall be the product which: 
(a) is obtained from wine w ithout a protected designation of origin or a protected 
geographical indication; EN 38   EN (b) releases, when the container is op ened, carbon dioxide derived wholly or 
partially from an addition of that gas; and 
(c) has an excess pressure, due to carbon di oxide 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 pr ovided that such wine has a total alcoholic strength of 
not less than 9 % volume; 
(b) has an actual alcoholic stre ngth of not less than 7 % volume; 
(c) has an excess pressure, due to endogenous carbon dioxi de 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 sh all 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 clos ed 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 obt ained naturally or by physical processes 
from fresh grapes. An actual alcoholic stre ngth of the grape must of not more than 
1 % volume is permissible. 
(11) Partially fermented grape must 
Grape must in fermentation shall be th e product obtained from the fermentation of 
grape must which has an actual alcoholic st rength of more than 1 % volume but less 
than three fifths of its tota l 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 gr ape must obtained from raisined grapes, 
the total sugar content of which before fe rmentation is at least 272 grams per litre EN 39   EN and the natural and actual alcoholic streng th of which shall not be less than 8 % 
volume. However, certain wines, to be determined by the Commission by means of 
delegated acts pursuant to Ar ticle 112e(1), that meet th ese requirements shall not be 
considered as grape must in fermentation extracted from raisined grapes. 
(13) Concentrated grape must 
Concentrated grape must shall be uncaram elised grape must wh ich is obtained by 
partial dehydration of grape must carried out by any aut horised method other than by 
direct heat in such a way that the figure indicated by a refractometer used in 
accordance with a method to be prescribed in accordance with the third subparagraph 
of Article 112h(1) and point (d) of Article 112o at a temperature of 20 °C is not less than 50,9 %. 
An actual alcoholic strength of  the concentrated grape must of not more than 1 % 
volume is permissible. 
(14) Rectified concen trated grape must 
Rectified concentrated grape must shall be  the liquid uncaramelised product which: 
(a) is obtained by partial dehydration of gr ape 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 the third subparagraph of Article 112h(1) and point (d) of Article 112o at 
a temperature of 20 °C is not less than 61,7 %; 
(b) has undergone authorised treatment fo r 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 than 
0,100 in grape must concentrated at 25 Brix, 
– a sucrose content undetect able 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, EN 40   EN – a hydroxymethylfurfural content of not more than 25 milligrams per 
kilogram of total sugars, 
– presence of mesoinositol. 
 An actual alcoholic strength of the rect ified concentrated grape must of not 
more than 1 % volume is permissible. 
(15) Wine from raisined grapes 
Wine from raisined grapes shall be the product which: 
(a) is produced without enrichment, from grap es left in the sun or shade for partial 
dehydration; 
(b) has a total alcoholic strength of at le ast 16 % volume and an actual alcoholic 
strength of at least 9 % volume; and 
(c) has a natural alcoholic strength of a least 16 % volume (or 272 grams 
sugar/litre). 
(16) Wine of overripe grapes 
Wine of overripe grapes 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 pe riod 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. 
PART III. MILK AND MILK PRODUCTS 
1. The term 'milk' means exclusively the nor mal mammary secretion obtained from one 
or more milkings without either add ition thereto or extr action therefrom. 
However, the term 'milk' may be used: (a) for milk treated without altering its composition or for milk the fat content of 
which is standardised under Part IV of this Annex; EN 41   EN (b) in association with a word or words to  designate the type, grade, origin and/or 
intended use of such milk or to de scribe the physical treatment or the 
modification in composition to which it has been subjected, provided that the 
modification is restricted to an additi on and/or withdrawal of natural milk 
constituents. 
2. For the purposes of this Part, 'milk pr oducts' means products derived exclusively 
from milk, on the understanding that substanc es necessary for their manufacture may 
be added provided that those substances ar e 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 names used at all stages of marketing: 
(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; 
(b) names within the meaning of Article 5 of Directive 2000/13/EC 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 desi gnate composite products of which no part 
takes or is intended to take the place of any milk constituent and of which milk or a 
milk product is an essential part either in terms of quantity or for characterisation of 
the product. EN 42   EN 4. The origin of milk and milk products to be  defined by the Commission shall be stated 
if it is not bovine. 
5. The designations referred to in points 1, 2 a nd 3 of this Part may not be used for any 
product other than those refe rred to in that point.  
However, this provision shall not apply to the designation of  products the exact 
nature of which is clear from traditiona l usage and/or when the designations are 
clearly used to describe a charac teristic quality of the product. 
6. In respect of a product other than those described in poi nts 1,2 and 3 of this Part, no 
label, commercial document, publicity material  or any form of advertising as defined 
in Article 2 of Counc il Directive 2006/114/EC***  or any form of presentation, may 
be used which claims, implies or suggest s that the product is a dairy product. 
However, in respect of a product which contains milk or milk products, the 
designation ‘milk’ or the designa tions referred to in the second subparagraph of point 
2 of this Part may be used only to descri be the basic raw materials and to list the 
ingredients in accordance with Directive 2000/13/EC. 
PART IV. MILK FOR HUMAN CONSUM PTION FALLING WITHIN CN CODE 
0401 
I. Definitions 
For the purposes of this Part: 
(a) ‘milk’ means the produce of the milking of one or more cows; (b) ‘drinking milk’ means the products referred to in point III intended for delivery 
without further processing to the consumer; 
(c) ‘fat content’ means the ratio by mass of  parts of milk fat per hundred parts of 
milk in the milk concerned; 
(d) ‘protein content’ means the ratio by mass of parts of protein per hundred parts 
of milk in the milk concerned (o btained 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 requir ements 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 fo r those products shall be those given in 
point III of this Part. Those descripti ons shall be used only for the products 
referred to in that point, without prejudice to their use in composite 
descriptions. EN 43   EN (3) Member States shall adopt measures to inform consumers of the nature and 
composition of the products concerned wh ere the absence of such information 
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 40ºC or subjected to 
treatment having equivalent effect; 
(b) whole milk: heat-treated milk whic h, with respect to fat content, meets 
one of the following requirements: 
(i) standardised whole milk: milk w ith 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 cont ent of 4,00 % (m/m) or above; 
(ii) non-standardised whole milk: milk with a fat content that has not been 
altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the na tural fat content of which has been 
altered. However, the fat content may not be less than 3,50 % (m/m); 
(c) semi-skimmed milk: heat-treated  milk whose fat content has been 
reduced to at least 1,50 % (m/m) and at most 1,80 % (m/m); 
(d) skimmed-milk: heat-treated milk whose fat content has been reduced to 
not more than 0,50 % (m/m). 
 Heat-treated milk not complying with the fat content requirements laid 
down in points (b), (c) and (d) of  the first subparagraph shall be 
considered drinking milk provided that the fat content is clearly indicated 
with one decimal and easily readable  on the packaging in form of “… % 
fat”. Such milk shall not be descri bed as whole milk, semi-skimmed milk 
or skimmed milk. 
2. Without prejudice to point 1(b)(ii) , only the following modifications shall be 
allowed: 
(a) in order to meet the fat cont ents laid down for drinking milk, 
modification of the natural fat cont ent by the removal or addition of 
cream or the addition of whole m ilk, 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 ar e indelibly indicated on th e packing of the product so 
that it can be easily seen and read. Ho wever, such indication shall not remove 
the obligation as regards nutrition la belling laid down by Council Directive EN 44   EN 90/496/EEC ****. Where proteins are adde d, 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 1028 grams per litre for milk containing 3,5 
% (m/m) of fat at a temperature of 20° C or the equivalent weight per litre 
for milk having a different fat content; 
(c) contain a minimum of 2,9 % (m/m) of protein for milk containing 3,5 % 
(m/m) of fat or an equivalent concen tration in the case of milk having a 
different fat content. 
PART V. PRODUCTS OF THE POULTRYMEAT SECTORS 
This Part of this Annex shall apply in relati on to the marketing with in the Union by way of 
business or trade, of certain types and pres entations of poultrymeat, and poultrymeat or 
poultry offal preparations and products, of the following species  
– Gallus domesticus, 
– ducks, 
– geese, 
– turkeys, 
– guinea fowls. 
These provisions shall also apply to poultrym eat in brine falling within CN code 0210 99 39.  
I. Definitions 
(1) 'poultrymeat' means poultrymeat suitab le for human consumption, which has 
not undergone any treatment other than cold treatment; 
(2) “fresh poultrymeat” means poultrymeat which has not been stiffened at any 
time by the cooling process prior to bei ng kept at a temperature not below – 2 
°C and not higher than + 4 °C. However,  Member States may lay down slightly 
different temperature requi rements for the minimum length of time necessary 
for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot; EN 45   EN (3) “frozen poultrymeat” mean s 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 hi gher than – 12 °C at any time 
(4) 'quick-frozen poultrymeat' means poultr ymeat which is to be kept at a 
temperature no higher than -18°C at any tim e within the tolerances as provided 
for in Council Directive 89/108/EEC *****. 
(5) “poultrymeat preparation” means pou ltrymeat including poultrymeat that has 
been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat; 
(6) “fresh poultrymeat preparation” m eans a poultrymeat prep aration for which 
fresh poultrymeat has been used.  
 However, Member States may lay down slightly different temperature 
requirements to be applied for the mi nimum 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 pr oduct as defined in point 7.1 of Annex I 
to Regulation (EC) No 853/2004 ****** for which poultrymeat has been used.   
EN 46   EN PART VI. SPREADABLE FATS 
The products referred to in Article 112f may not be supplied or transferred without proc essing to the ultimate consumer either directly or through 
restaurants, hospitals, canteen s or similar establishments, unless they m eet the requirements se t out in the Annex. 
The sales descriptions of these products shall be those specifi ed in this Part. 
The sales descriptions below shall be rese rved to the products defined therein with the following CN codes and having a fat con tent of at least 10% but 
less than 90% by weight: 
(a) milk fats falling within CN codes 0405 and ex2106; (b) fats falling within CN code ex1517; (c) fats composed of plant and/or animal pr oducts falling within CN codes ex 1517 and ex 2106. 
The fat content excluding salt shall be at  least two-thirds of the dry matter. 
However, these sales descriptions shall onl y apply to products which remain solid at a temperature of 20°C, and which are suita ble for use as spreads. 
These definitions shall not apply to: (a) the designation of products the exact nature of which is cl ear from traditional usage and/or when the designations are clea rly used to describe 
a characteristic quali ty of the product; 
(b) concentrated products (butter, margarine, blends) with a fat content of 90 % or more.  
EN 47   EN  
Fat group Product categories 
Definitions Sales description Additional 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 milk products, 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 of replacing, 
either in whole or in part, any milk constituents. 1. Butter 
 
2.Three-quarter fat butter (*) 
3. Half fat butter (**)  
4. Dairy spread X % 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 %. 
The product with a milk-fat content of not less than 60 % but not more 
than 62 %. 
The product with a milk-fat content of not less than 39 % but not more 
than 41 %. 
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 content of not more than 3 % 
of the fat content. 1. Margarine 
 
2. Three-quarter-fat 
margarine (***) 
3. Half-fat margarine (****) 
4. Fat spreads X % The product obtained from vegetable and/or animal fats with a fat 
content of not less than 80 % but less than 90 %. 
The product obtained from vegetable and/or animal fats with a fat 
content of not less than 60 % but nor more than 62 %. 
The product obtained from vegetable and/or animal fats with a fat 
content of not less than 39 % but not more than 41 %. 
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 %.  
EN 48   EN  
Fat group Product categories 
Definitions Sales description Additional 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/or animals fats suitable for human 
consumption, with a milk-fat content of between 10 % and 
80 % of the fat content. 1. Blend 
 
2. Three-quarter-fat blend 
(*****) 
 
3. Half-fat blend (******)  
4. Blended spread X % 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 %. 
The product obtained from a mixture of vegetable and/or animal fats 
with a fat content of not less than 60 % but not more than 62 %. 
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 %. 
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 40’ 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 Part may be modified only by physical processes.  
EN 49   EN PART VII. DESCRIPTIONS AND DEFI NITIONS OF OLIVE OIL AND OLIVE 
POMACE OILS 
The use of the descriptions and definitions of olive oils and olive pomace oils set out in this 
Part shall be compulsory as regards the marke ting of the products conc erned within the Union 
and, insofar as compatible with international compulso ry rules, in trade with third countries.  
Only oils referred to in points 1(a) and (b), 3 an d 6 of this Part may be marketed at the retail 
stage. 
(1) Virgin olive oils 
Oils obtained from the fruit of  the olive tree solely by m echanical or other physical 
means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washi ng, decantation, centrif ugation or filtration, 
to the exclusion of oils obtained using solv ents or using adjuvants having a chemical 
or biochemical action, or by re-esterificati on process and any mixture with oils of 
other kinds. 
Virgin olive oils are exclusively cl assified and descri bed as follows: 
(a) Extra virgin olive oil  Virgin olive oil having a maximum free ac idity, in terms of oleic acid, of 0,8 g 
per 100 g, the other character istics of which comply with those laid down for 
this category. 
(b) Virgin olive oil  Virgin olive oil having a maximum free aci dity, in terms of oleic acid, of 2 g 
per 100 g, the other character istics of which comply with those laid down for 
this category. 
(c) Lampante olive oil  Virgin olive oil having a free acidity, in terms of olei c 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 other characteristics 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 ol ive oil and virgin olive oil other than 
lampante olive oil, having a free acidity co ntent expressed as olei c acid, of not more 
than 1 g per 100 g, and the other characteri stics of which comply with those laid 
down for this category.  
EN 50   EN (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, ex cept for certain specified characteristics, 
excluding oil obtained by means of re-esterif ication 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 content 
expressed as oleic acid, of not more than  0,3 g per 100 g, and the other characteristics 
of which comply with those laid down for this category. 
(6) Olive-pomace oil 
Oil obtained by blending refined olive-pomac e oil and virgin olive oil other than 
lampante olive oil, having a free acidity co ntent expressed as olei c acid, of not more 
than 1 g per 100 g, and the other characteri stics of which comply with those laid 
down for this category. 
Appendix to Part II of Annex XIIa 
Wine growing zones 
The wine-growing zones shall be the following: 
(1) Wine-growing zone A comprises: 
(a) in Germany: the areas planted with vi nes other than those included in point 
2(a); 
(b) in Luxembourg: the Luxembourg wine-growing region; (c) in Belgium, Denmark, Ireland, the Ne therlands, Poland, Sweden and the 
United Kingdom: the wine-growi ng 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-Mosel le, Meuse, Moselle, Vosges, 
– in Champagne: Aisne, Aube, Marn e, Haute-Marne, Seine-et-Marne, 
– in the Jura: Ain, Doubs, Jura, Haute-Saône,  
EN 51   EN – in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan), 
– in the Val de Loire: Cher, Deux-Sèvr es, Indre, Indre- et-Loire, Loir-et-
Cher, Loire-Atlantique, Loiret, Main e-et-Loire, Sarthe, Vendée, Vienne, 
and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre; 
(c) in Austria, the Austrian wine-growing area; (d) in the Czech Republic, the wine-gro wing region of Morava and the areas 
planted with vines not included in point 1(d); 
(e) in Slovakia, the areas planted with vines in the following regions: 
Malokarpatská vinohradnícka oblast, Ju žnoslovenská vin ohradnícka oblast, 
Nitrianska vinohradnícka oblast, Stre doslovenská vinohradnícka oblast, 
Východoslovenská vinohradnícka oblas t and the wine growing areas not 
included in point 3(f); 
(f) in Slovenia, the areas planted with vines in the following regions: 
– in the Podravje region: 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 in point 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, Av eyron, Cantal, Charente, Charente-
Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), 
Landes, Loire, Haute-Loire, Lot, Lo t-et-Garonne, Lozère, Nièvre (except 
for the arrondissement of Cosne-su r-Loire), Puy-de-Dôme, Pyrénées-
Atlantiques, Hautes-Pyrénées, Rhône , Saône-et-Loire, Tarn, Tarn-et-
Garonne, Haute-Vienne, Yonne, 
– in the arrondissements of Valence a nd Die in the department of Drôme 
(except for the cantons of Dieulefit,  Loriol, Marsanne and Montélimar), 
– in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, 
Coucouron, Montpezat-sous-Bauzon, Pr ivas, Saint-Etienne de Lugdarès, 
Saint-Pierreville, Valgorge and la V oulte-sur-Rhône of the department of 
Ardèche; 
(b) in Italy, areas planted with vines in the Valle d’Aosta region and in the 
provinces of Sondrio, Bolzano, Trento and Belluno;  
EN 52   EN (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 ar ea 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 vine s in the Tokajská vinohradnícka oblast, 
(g) in Romania, areas planted with vine s not included in points 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 the northern 
limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, 
Puget-Ville, Collobrières, La Garde- Freinet, Plan-dela-Tour and Sainte-
Maxime, 
– in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in 
the department of Drôme, 
– in those parts of the department of  Ardèche not listed in point 3(a); 
(b) in Italy, areas planted with vines in  the following regions: Abruzzo, Campania, 
Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molis e, Piedmont, Tuscany, Umbria, Veneto 
(except for the province of  Belluno), including the is lands belonging to those 
regions, such as Elba and the other is lands 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 designated wine 
‘comarca’ of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, 
Soria, Valladolid, Zamora, 
– La Rioja, 
– Álava,  
EN 53   EN – Navarra, 
– Huesca, 
– Barcelona, Girona, Lleida, 
– in that part of the province of Za ragoza which lies to the north of the 
river Ebro, 
– in those communes of the province of  Tarragona included in the Penedés 
designation of origin, 
– in that part of the province of  Tarragona which corresponds to the 
designated wine ‘comarca’ of Conca de Barberá; 
(d) in Slovenia, areas planted with vines in the following regions: Brda or Goriška 
Brda, Vipavska dolina or Vipava , Kras and Slovenska Istra; 
(e) in Bulgaria, areas planted with vi nes in the following regions: Dunavska 
Ravnina ( Дунавска  равнина ), Chernomorski Rayon ( Черноморски  район ), 
Rozova Dolina ( Розова  долина ); 
(f) in Romania, areas planted with  vines in the following regions:  
Dealurile Buz ăului, Dealu Mare, Severinului a nd 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, Sa mos, Lasithi and the island of Thira 
(Santorini); 
(b) in Cyprus, areas planted with vines located at altitudes exceeding 600 metres; 
(c) in Bulgaria, areas planted with  vines not included in point 4(e). 
(6) Wine-growing zone C III (b) comprises: 
(a) in France, areas planted with vines: 
– in the departments of Corsica, 
– in that part of the department of Var situated between the sea and a line 
bounded by the communes (which are th emselves included) of Evenos, 
Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, 
– in the cantons of Ole tte and Arles-sur-Tech in the department of 
Pyrénées-Orientales;  
EN 54   EN (b) in Italy, areas planted with vines in the following regions: Calabria, Basilicata, 
Apulia, Sardinia and Sicily, including th e islands belonging to those regions, 
such as Pantelleria and the Lipa ri, Egadi and Pelagian islands; 
(c) in Greece, areas planted with vines not listed in point 5(a); 
(d) in Spain: areas planted with vine s not included in points 3(c) or 4(c); 
(e) in Portugal, areas planted with vines in  the regions not incl uded in point 3(d); 
(f) in Cyprus, areas plante d with vines located at al titudes not exceeding 600 
metres; 
(g) in Malta, areas planted with vines. The demarcation of the territories covered by the administrative units referred to in 
this Annex is that resulting from the nati onal 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.’  
EN 55   EN Annex XIIb  
International Organisations referred to in Article 112b(3)  
– Codex Alimentarius 
– United Nations Economic Commission for Europe  
EN 56   EN Annex XIIc  
Part I 
ENRICHMENT, ACIDIFICATION AND DE- ACIDIFICATION IN CERTAIN WINE-
GROWING ZONES 
A. Enrichment limits 
1. Where climatic conditions have made it necessary in certain winegrowing 
zones of the Union referred to in the Appendix to Annex XIIa(II), the Member 
States concerned may allow to supplem ent the natural al coholic strength by 
volume of fresh grapes, grape must, grap e must in fermentation, new wine still 
in fermentation and wine obtained from  wine grape varieties classifiable 
according to Article 112i. 
2 The increase in natural alcoholic strength by volume shall be achieved by 
means of the oenological prac tices referred to in Sec tion B and shall not exceed 
the following limits: 
(a) 3 % volume in wine-growing zone A referred to in the Appendix to 
Annex XIIa(II); 
(b) 2 % volume in wine-growing zone B referred to in the Appendix to 
Annex XIIa(II); 
(c) 1,5 % volume in wine-growing zones C referred to in the Appendix to 
Annex XIIa(II). 
3 In years when climatic conditions ha ve been exceptionally unfavourable, 
Member States may request that the limit(s) laid down in point 2 be raised by 0,5 %. In response to such a reques t, the Commission under the powers as 
referred to in point (d) of  Article 112o shall adopt the implementing act as soon 
as possible. The Commission  shall endeavour to take a decision within four 
weeks after the request has been lodged. 
B. Enrichment processes 
1. The increase in natural alcoholic stre ngth by volume provided for in Section A 
shall only be effected: 
(a) in respect of fresh grapes, grape must in fermentation or new wine still in 
fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must; 
(b) in respect of grape must, by adding sucrose, concentrated grape must or 
rectified concentrated gr ape must, or by partial concentration, including 
reverse osmosis; 
(c) in respect of wine, by partial concentration through cooling.  
EN 57   EN 2. The processes referred to in point 1 sha ll be mutually exclusive where wine or 
grape must is enriched with concentrated  grape must or rectified concentrated 
grape must and an aid is paid under Article 103y. 
3. The addition of sucrose provided fo r in points 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 XIIa(II); 
(b) wine-growing zone B referred to in the Appendix to Annex XIIa(II); 
(c) wine-growing zone C referred to in the Appendix to Annex XIIa(II), 
 with the exception of vineyards in It aly, 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. 
 However, enrichment by dry sugari ng may be authorised by the national 
authorities as an exception in the above mentioned French departments. France 
shall notify the Commission and the other Member States forthwith of any such 
authorisations.  
4. The addition of concentrated grape must or rectified concentrated grape must 
shall not have the effect  of increasing the initial volume of fresh crushed 
grapes, grape must, grape must in fermentation or new wine still in 
fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growi ng zone C referred to in the Appendix 
to Annex XIIa(II). 
5. The concentration of grape must or of wine subjected to th e processes referred 
to in point 1: 
(a) shall not have the eff ect of reducing the initial volume of these products 
by more than 20 %; 
(b) shall, notwithstanding point (2)(c) of Section A, not increase the natural 
alcoholic strength of these produc ts by more than 2 % volume.  
EN 58   EN 6. The processes referred to in points 1 and 5 shall not raise the total alcoholic 
strength of the fresh grapes, grape must , grape must in fermentation, new wine 
still in fermentation, or wine: 
(a) in wine-growing zone A referred to in the Appendix to Annex XIIa(II) to 
more than 11,5 % volume; 
(b) in wine-growing zone B referred to in the Appendix to Annex XIIa(II) to 
more than 12 % volume; 
(c) in wine-growing zone C I referred to in the Appendix to Annex XIIa(II) 
to more than 12,5 % volume; 
(d) in wine-growing zone C II referred to in the Appendix to Annex XIIa(II) 
to more than 13 % volume; and  
(e) in wine-growing zone C III referred  to in the Appendi x to Annex XIIa(II) 
to more than 13,5 % volume. 
7. By way of derogation from poi nt 6, Member States may: 
(a) in relation to red wine, raise the up per limit of total alcoholic strength of 
the products referred to in point 6 to 12 % volume in wine-growing zone 
A and 12,5 % volume in winegrowing z one B referred to in the Appendix 
to Annex XIIa(II); 
(b) raise the total alcoholi c strength by volume of the products referred to in 
point 6 for the production of wines with a designation of origin to a level 
to be determined by Member States. 
C. Acidification and de-acidification 
1. Fresh grapes, grape must, grape must  in fermentation, new wine still in 
fermentation and wine may be subject to: 
(a) de-acidification in wine-growing z ones A, B and C I referred to in the 
Appendix to Annex XIIa(II); 
(b) acidification and de-a cidification in wine-growi ng zones C I, C II and C 
III (a) referred to in the Appendix to Annex XIIa(II), without prejudice to 
point 7 of this Section; or 
(c) acidification in wine-growing z one C III (b) referred to in the Appendix 
to Annex XIIa(II). 
2. Acidification of the products, other th an wine, referred to in point 1 may be 
carried out only up to a limit of 1,50 g/l expressed as tart aric acid, or 20 
milliequivalents per litre. 
3. Acidification of wines may be carri ed out only up to a limit of 2,50 g/l 
expressed as tartaric acid, or  33,3 milliequivalents per litre.  
EN 59   EN 4. De-acidification of wines may be car ried 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 concentrat ion may be partially de-acidified. 
6. Notwithstanding point 1, in years when climatic conditions have been 
exceptional, Member States may auth orise acidification  of the products 
referred to in point 1 in wine-growi ng zones A and B, referred to in the 
Appendix to Annex XIIa(II), under the condi tions referred to in points 2 and 3 
of this Section. 
7. Acidification and enrichme nt, except by way of deroga tion to be adopted by 
the Commission by means of delegated ac ts pursuant to Article 112e(1), and 
acidification and de-aci dification of one and the same product shall be 
mutually exclusive processes. 
D. Processes 
1. None of the processes refe rred to in Sections B and C,  with the exception of the 
acidification and de-acidifi cation of wines, shall be authorised unless carried 
out, under conditions to be determin ed by the Commission by means of 
delegated acts pursuant to Article 112 e (1), 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 ot her beverage intended for direct human 
consumption referred to in Article 1(1)(l ) other than sparkling wine or aerated 
sparkling wine in the wine-growing z one 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 wi nes shall take place only in the wine 
making undertaking and in the wine-growi ng zone where the grapes used to 
produce the wine in question were harvested. 
4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the 
competent authorities. The same shall apply in respect of  the quantities of 
concentrated grape must rectified concen trated grape must or sucrose held in 
the exercise of their profession by natura l or legal persons or groups of persons, 
in particular producers, bottl ers, processors and merchants to be determined by 
the Commission by means of delegated acts  pursuant to Article 112e (1), at the 
same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The no tification of these quantities may, 
however, be replaced by en try in a goods inwards and stock utilisation register. 
5. Each of the processes referred to in S ections B and C shall be recorded on the 
accompanying document, as provided for in Article 185c, under cover of which the products having undergone the pro cesses are put into circulation. 
6. Those processes, subject to derogati ons justified by exceptional climatic 
conditions, shall not be carried out:  
EN 60   EN (a) in wine-growing zone C referred to  in the Appendix to Annex XIIa(II) 
after 1 January; 
(b) in wine-growing zones A and B re ferred to in the Appendix to Annex 
XIIa(II) after 16 March, and they shall be carried out only for products of 
the grape harvest immediately preceding those dates. 
7. Notwithstanding point 6, concentration by cooling and acidification and de-
acidification of wine s may be practised throughout the year. 
Part II 
RESTRICTIONS 
A. General 
1. All authorised oenological practices shall exclude the addition of water, except 
where required on account of a specific technical necessity. 
2. All authorised oenological practices shall exclude the addition of alcohol, 
except for practices related to obtaining fresh grape must with fermentation 
arrested by the addition of alcohol, liqueur  wine, sparkling wi ne, wine fortified 
for distillation and semi-sparkling wine. 
3. Wine fortified for distillation sh all 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 pr eparation of products which do not fall 
under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to 
any stricter provisions whic h Member States may apply to the preparation in 
their territory of products which do not fall under CN codes 2204 10, 2204 21 
and 2204 29. 
2. Grape juice and concentrated grape juice shall not be made into wine or added 
to wine. They shall not undergo alcoholic  fermentation in the territory of the 
Union. 
3. The provisions of points 1 and 2 shall not apply to products  intended for the 
production, in the United Kingdom, Irela nd and Poland, of products falling 
within CN code 2206 00 for which Member States may allow the use of a composite name, including th e sales designation ‘wine’. 
4. Grape must in fermentation extracted from raisined grapes shall be put on the 
market only for the manufacture of li queur 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 in accordance with Article 43(2) TFEU pursuant to 
the international obligations of the Uni on, fresh grapes, grape must, grape must 
in fermentation, concentrated grape must , rectified concentrated grape must,  
EN 61   EN grape must with fermentation arrested by the addition of alcohol, grape juice, 
concentrated grape juice and wine, or mixt ures of those products, originating in 
third countries, may not be turned into products referred to in this Annex or 
added to such products in the territory of the Union. 
C. Blending of wines 
Unless otherwise decided in accordance w ith Article 43(2) TFEU pursuant to the 
international obligations of the Union, c oupage of a wine originating in a third 
country with a Union wine and coupage betw een wines originating in third countries 
shall be prohibited in the Union. 
D. By-products 
1. The over-pressing of grapes shall be pr ohibited. Member States shall decide, 
taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of 
grapes. 
 The quantity of alcohol contained in  those by-products shall be decided by 
Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in  the wine produced. 
2. Except for alcohol, spirits and piquette , wine or any othe r beverage intended 
for direct human consumption shall not be  produced from wine lees or grape 
marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall 
be allowed under conditions  to be determined by the Commission by means of 
delegated acts pursuant to Article 112e (1) where this practice is traditionally 
used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in Hungary and ‘Tokajský forditáš’ and ‘Tokajský mášláš’ in Slovakia. 
3. The pressing of wine lees and the re-f ermentation of grape marc for purposes 
other than distillation or production of pi quette is prohibited. The filtering and 
centrifuging of wine lees  shall not be considered as pressing where the 
products obtained are of sound, genuine and merchantable quality. 
4. Piquette, where its production is aut horised by the Member State concerned, 
shall be used only for distillation or for consumption in wine-producers’ households. 
5. Without prejudice to the po ssibility for Member States  to decide to require 
disposal of by-products by way of distil lation, any natural or legal persons or 
groups of persons who hold by-products sh all be required to dispose of them 
subject to conditions to be determ ined by the Commission by means of 
delegated acts pursuant to Article 112e (1). 
* OJ L 109, 6.5.2000, p. 29. 
** OJ L 93, 31.3.2006, p. 12 *** OJ L 376, 27.12.2006, p. 21 **** OJ L 276, 6.10.1990, p. 40 ***** OJ L 40, 11.2.1989, p. 34 ****** OJ L 139, 30.4.2004, p. 55  
EN 62   EN "