Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 1234/2007  as regards marketing standards
Date: 2010-12-10
Institutions: European Commission
Subjects: agricultural product, common organisation of markets, competition law, farming sector, marketing standard, single market, trading operation

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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 

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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 policy 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:  

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– 

– 

– 

a proposal for a Regulation of the European Parliament and of the Council on 
agricultural product quality schemes [COM(2010) XXXX]; 

a  proposal  to  modify  Regulation  (EC)  No  1234/2007  (the  single  Common 
Market Organisation) concerning marketing standards for agricultural products 
[COM(2010) XXXX]; 

guidelines  setting  out  best  practice  for  the  development  and  operation  of 
certification schemes relating to agricultural products and foodstuffs [C(2010) 
XXXX], and  

guidelines on the labelling of foodstuffs using Protected Designation of Origin 
(PDO)  and  Protected  Geographical  Indications  (PGI)  as  ingredients  [C(2010) 
XXXX].  

1.1. 

Grounds for and objectives of the proposal 

Farmers  and  producers  of  agricultural  products  face  competitive  pressure  resulting 
from policy reform, globalisation, the concentration 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  specific  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  agricultural  product,  they  need  to  receive 
accurate  and  trustworthy  labelling  information.  Providing  producers  with  the  right 
tools  to  communicate  product  characteristics  and  farming  attributes  to  buyers  and 
consumers,  and  to  protect  them  against  unfair  trading  practices,  is  at  the  heart  of 
European Union agricultural product quality policy. 

Most  tools  already  exist  at  European  Union  level.  Analysis  and  discussion  with 
stakeholders  has  shown  that  they  may  be  improved,  simplified  and  made  more 
coherent. The Quality Package aims to improve the Union legislation in the field of 
quality, as well as in the operation of national and private certification  schemes, in 
order to make them simpler, more transparent and easier to understand, adaptable to 
innovation, and less burdensome for producers and administrations.  

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1.2. 

General context 

Since the 1990s, Union agricultural product quality policy has been closely identified 
with three Union schemes, namely for protected designations of origin and protected 
geographical  indications,  for  organic  farming,  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  policy.  These  Union  standards  and  schemes 
have  been  joined  in  the  last  decade  by  an  upsurge  in  the  number  of  certification 
schemes  in  the  private  sector  –  seeking  to  guarantee  to  consumers  value-adding 
characteristics and attributes, as well as respect for baseline standards through quality 
assurance certification.  

In 2006, in the context of a recast of the scheme for protected designations of origin 
and  protected  geographical  indications,  the  Commission  committed  to  undertake  a 
future policy review of the operation of the Regulation and its future development1. 

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  provided  the  input  for  the  Communication  on 
agricultural  product  quality  policy3  in  2009.  This  set  out  the  following  strategic 
orientations: 

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improve  communication  between  farmers,  buyers  and  consumers  about 
agricultural product qualities; 

increase  the  coherence  of  European  Union  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 area by producers with recognised know-how4. 

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Addendum  to  draft  minutes;  2720th  meeting  of  the  Council  of  the  European  Union  (Agriculture  and 
Fisheries), 20.3.2006 (7702/06 ADD1). 
COM(2008) 641, 15.10.2008 
COM(2009) 234, 28.05.2009 
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  (EEC)  No  2081/92.  Schemes  for  geographical  indications  are  also 
established in the wine sector, and for spirit drinks and for aromatized wines. 

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Also  in  1992,  the  scheme  for  traditional  specialities  guaranteed  set  up  a  register  of 
names of food specialties having a traditional character, stemming either from their 
traditional composition or traditional 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 quality terms, regulated within the marketing standards, ensure 
that terms describing value adding characteristics, 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  including  maintaining  the  diversity  of 
agricultural  activities  in  rural  areas  and  enhancing  competitiveness,  to  which 
agricultural product quality policy will contribute. The policy also is in line with the 
priorities for the European Union set out in the 2020 Communication7, 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  consulted.  The  main  avenues  for  consultation  were 
the  Advisory  Group  on  the  quality  of  agricultural  production,  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 

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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) 
COM(2010)672 final, 18.11.2010 
COM(2010) 2020, 3.3.2010 
From 15 October to 31 December 2008 
http://register.consilium.europa.eu/pdf/en/09/st10/st10722.en09.pdf  
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&reference=P7-TA-2010-
0088&language=EN&ring=A7-2010-0029  

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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 orientations set out in the 2009 Communication. 
The main views expressed were the following:  

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– 

– 

– 

For  designations  of  origin  and  geographical  indications,  simplification  of  the 
scheme by merging the two instruments (the ‘protected designation of origin’ 
and  the  ‘protected  geographical  indication’)  was  opposed.  Merger  of  the 
existing systems (for wine, spirits, aromatised wines and agricultural products 
and foodstuffs) was viewed positively by most stakeholders, except for those in 
the  wine  and  spirits  sectors.  The  Commission  was  encouraged  to  further 
simplify,  clarify  and  streamline  the  systems,  and  to  enhance  international 
recognition of designations of origin and geographical indications. 

For 
traditional  specialities  guaranteed,  almost  unanimous  support  was 
expressed by stakeholders for continuation of the TSG scheme, underlining its 
potential  and  importance  for  producers  of  traditional  product  that  does  not 
qualify  under  the  geographical  indications  scheme.  Some  stakeholders  called 
for the scheme to be simplified, in particular by discontinuing the possibility to 
register names without reserving it, and streamlined. Stakeholders representing 
producers  of  product  covered  by  designations  of  origin  and  geographical 
indications  suggested  the  scheme  could  provide  an  outlet  for  such  product 
particularly where they are used in recipes. 

For  marketing  standards,  in  general  stakeholders  welcomed  the  simplification 
of marketing standards, place of farming labelling, and further development of 
optional quality terms. 

the  need  to  address  the  needs  of  small-scale  producers  for  whom  the  Union 
designations  of  origin  and  geographical  indication  and  traditional  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 and geographical indications, 
and traditional specialities guaranteed. 

Concerning geographical indications, the analysis showed strong justification for a 
Union-level  geographical  indications  scheme  and  discarded  alternatives  to  a 
European  Union  scheme  for  reasons  of  low  efficiency  and  effectiveness  (including 
co-regulation  and  self-regulation  by  the  sector,  no  action  at  European  Union  level, 

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http://eescopinions.eesc.europa.eu/EESCopinionDocument.aspx?identifier=ces\nat\nat448\ces105-
2010_ac.doc&language=EN  
http://coropinions.cor.europa.eu/CORopinionDocument.aspx?identifier=cdr\deve-iv\dossiers\deve-iv-
048\cdr315-2009_fin_ac.doc&language=EN  

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protection  through  the  international  Lisbon  Agreement13,  replacement  by  a 
notification system for national geographical indications, and protection through the 
existing  Community  collective  trade  mark).  The  impact  assessment  identified 
considerable  ground  for  reducing  complexity  and  facilitating  enforcement  by 
merging  the  agricultural  product  and  foodstuffs  scheme  with  those  in  the  alcoholic 
beverages  sectors,  while  assuring  the  specificities  of  each  system.  However,  the 
impact  assessment  acknowledged  the  opposition  of  certain  stakeholders  to  this 
option.  

Analysis  of  price  data  showed  that  producer  returns  for  protected  designations  of 
origin (PDOs) and protected geographical indications (PGIs) are higher than for non-
designated  product  and  that  the  PDO  label  commands  a  higher  price  than  the  PGI 
label. The overall value of agricultural products and foodstuffs sold under PDOs and 
PGIs  is  14.2  €  billion  (1997)  at  wholesale  prices,  and  estimated  at  21  €  billion  at 
consumer  prices.  Concerning  trade  in  the  internal  market,  18.4%  of  PDO  and  PGI 
products are marketed outside their Member State of production.  

The impact assessment found that merging the instruments for protected designation 
of  origin  (PDO)  and  protected  geographical  indication  (PGI)  would  diminish  the 
added-value benefits of the PDO identification. 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 optional quality term and abolishing the current 
scheme;  no  EU  action;  and  simplifying  the  current  scheme  (allowing  only 
registration  with  reservation  of  the  name).  The  impact  assessment  showed  that 
eliminating the TSG scheme would lead for protected names to loss of the economic 
and  social  benefits  of  EU-wide  protection  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 can only be undertaken 
effectively  at  Union  level.  The  current  low  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 preservation 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  function  could  be  taken  up  by  national  or 
regional schemes and is already successfully achieved by several national schemes; 
the case for Union action in this regard was therefore difficult to justify on grounds 
of subsidiarity.  

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Lisbon  Agreement  for  the  Protection  of  Appellations  of  Origin  and  their  International  Registration 
(1958) 

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In social terms, the designations of PDO, PGI and TSG were found to contribute to 
the  continuation  of  traditional  forms  of  production  to  the  benefit  of  both  producers 
and consumers. 

However,  both  the  impact  assessments  for  geographical  indications  and  for 
traditional  specialities  guaranteed  highlighted  the  widespread  failure  of  these 
schemes to attract participation of very small-scale producers, notwithstanding that 
small-scale producers are often associated with 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  will  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 analysis, the Commission may 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  which  a  legal  framework  has  been  provided 
within the alignment of Regulation 1234/2007 to the 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  product  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  quality  policy  committee.  A  separate  Regulation 
covers the Marketing Standards.  

3.1.1.  Designations  of  origin  and  geographical  indications,  excluding  wines,  aromatised 

wines and spirits. 

The  proposal  maintains  and  reinforces  the  scheme  for  agricultural  products  and 
foodstuffs,  but  does  not  bring  together  the  geographical  indications  schemes  for 
wines, for spirits, or for aromatized wines. In the light of relatively recent reforms of 
the wine and spirits legislation, 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: 

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recognition  of  the  roles  and  responsibilities  of  groups14  applying  for 
to  monitoring,  promotion  and 
registration  of  names  with 
communication; 

regard 

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  enforcement  of  protection  of  the  registered 
names throughout the European Union, and 

the definitions of designations of origin and geographical indications are more 
closely aligned to international usage. 

The proposal streamlines the current process of registration of designations of origin 
and  geographical  indications  by  shortening  time  delays.  In  addition,  certain  legal 
issues are clarified and terminology aligned with the recently 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  scope  of  the  Regulation  is  maintained 
(agricultural products for human consumption and certain other products), while dark 
chocolate is added.  

3.1.2.  Traditional specialities guaranteed 

The proposal maintains the scheme for reservation 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  simplified  (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  optional  quality  terms  are  not  amended  in 
content, but adapted to the legislative framework of the Treaty on the Functioning of 
the European Union.  

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any association, irrespective of its legal form or composition, of producers or processors working with 
the same product 

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3.1.4.  Marketing standards 

Following the Communication from the Commission on agricultural product quality 
policy and subsequent debates, it is clear that marketing standards can contribute to 
improving the economic conditions for the production and marketing as well as the 
quality  of  such  products.  A  minimum  requirement  of  "sound,  fair  and  marketable" 
already  exists  in  market  management  measures.  Extending  these  minimum 
requirements  to  those  products  not  covered  by  specific  standards  can  be  useful  for 
reassuring the consumers about the basic quality of the products they buy. 

The proposal also takes into account the necessity of the alignment to the Treaty on 
the  Functioning  of  the  European  Union,  and  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 basis, to adopt delegated acts concerning 
possible  mandatory  labelling  on  place  of  farming  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, justify choice of legal basis) 

Treaty on the Functioning of the European Union, Article 43(2). 

3.3. 

Subsidiarity and proportionality 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  value-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  protected  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  across  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 designed 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  across  boarders,  the  symbols  need  to  be 
established at Union level.  

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The  processing  and  analysis  of  applications  for  designations  of  origin  and 
geographical  indications  and  traditional  specialities  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  prior  users  of  the  names  (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  protection  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 names 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 competent authorities. Supervision of Member State control 
activities needs to be undertaken at Union level 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  specification  and  effective  controls  on  production  that  can  be 
burdensome for producers. However, this is necessary and proportionate to underpin 
the creditability of the scheme and provide the consumer with an effective guarantee 
of compliance. Without that guarantee, the consumer cannot be expected to pay a fair 
price  for  the  quality  products  offered.  By  contrast  the  schemes  for  optional  quality 
terms  rely  primarily  on  producers’  own  declarations  of  conformity,  backed  up  by 
normal  agricultural  controls  by  Member  States,  based  on  risk  assessment.  As  the 
conditions  of  participation  in  these  schemes  are  lighter  than  in  the  case  of  the 
designations  of  origin  and  geographical  indications  and  traditional  specialities 
guaranteed, 
is 
proportionate. 

less-burdensome  system  of  participation  and  controls 

the 

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  high  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  farmers  must  make  a  considered  choice  to 
take on the burdens and commitment to market quality product under the schemes, 
equally the policy benefits for the agricultural 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  schemes  must  be  applied  by  each  Member 
State throughout their territories. 

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3.4. 

Choice of instruments 

The  proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on 
marketing  standards  consists  of  a  modification  of  Council  Regulation  (EC)  No 
1234/2007 aligned to the rules of the TFEU. 

The  regulation  is  accompanied  by  a  parallel  legislative  proposal  for  agricultural 
product  quality  schemes  replacing  existing  Council  Regulations  (EC)  No  509/2006 
and  (EC)  No  510/2006,  and  incorporating  existing  provisions  relating  to  optional 
quality  terms  currently  in  Council  Regulation  (EC)  No  1234/2007  establishing  a 
common  organisation  of  agricultural  markets  and  on  specific  provisions  for  certain 
agricultural products15 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  administration  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  understandable  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  for  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  introduced  in  particular  in  relation  to  intellectual  property 
rights; 

simpler concepts more easily understood by consumers are introduced, notably 
in the traditional specialities guaranteed scheme; 

a  single  committee  (the  quality  policy  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 
16 

OJ L 299, 16.11.2007, p. 45. 
OJ L 10, 12.1.2002, p. 47. 

EN 

12 

   EN 

                                                 
For  marketing  standards,  the  proposed  modification  of  Regulation  (EC)  No 
1234/2007 will represent a simplification in terms of procedures and it will increase 
the transparency as far as marketing standards provisions are concerned. 

EN 

13 

   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 COUNCIL 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 ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

The  "Communication  on  agricultural  product  quality  policy  "presented  by  the 
Commission  on  28  May  2009  lays  down  strategic  orientations  to  improve  the 
agricultural  product  quality  policy  of  the  Union19.  This  Communication  and  the 
subsequent discussions of its main elements by the European Parliament, the Council, 
the European Economic and Social Committee 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  appropriate  to  maintain  marketing  standards  by 
sectors or products, in order to take account of the expectations of the 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.  

Council  Regulation  (EC)  No  1234/2007  of  22  October  2007  establishing  a  common 
organisation of agricultural markets and on specific provisions for certain agricultural 
products (single CMO Regulation)20 has maintained the sectoral approach provided by 
the  previous  Common  Market  Organisations  on  the  marketing  standards.  Marketing 
standards have evolved on a piecemeal basis, instrument by instrument or product by 
product. A more coherent approach would help to make them more understandable for 
the  consumers  and  help  producers  to  easily  communicate  the  characteristics  and 

17 
18 
19 
20 

OJ C …, p. ... 
OJ C…, p. 
COM (2009) 234, 28.5.2009 
OJ L 299, 16.11.2007, p.45. 

EN 

14 

   EN 

                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

attributes  of  their  products. It is therefore appropriate to introduce therein provisions 
of a horizontal nature. 

Regulation  (EC)  No  1234/2007  confers  powers  to  the  Commission  in  order  to 
implement some of the provisions on marketing standards. 

As a consequence of the entry into force of the Lisbon Treaty, the Commission powers 
conferred  for  the  implementation  of  the  provisions  on  marketing  standards  provided 
for in Regulation (EC) No 1234/2007 need therefore to be aligned to Articles 290 and 
291 of the Treaty on the Functioning of the European Union (TFEU).  

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  Regulation  (EC)  No  1234/2007.  The 
elements  for  which  that  power  may  be  exercised  should  be  defined,  as  well  as  the 
conditions to which that delegation is to be subject.  

In  order  to  guarantee  a  uniform  application  of  marketing  standards  in  all  Member 
States,  the  Commission  should  be  empowered  to  adopt  implementing  acts  in 
accordance  with  Article  291  TFEU.  Save  where  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]. 

The application of standards for the marketing of agricultural products can contribute 
to improving the economic conditions for the production and marketing as well as the 
quality of such products. The application of such standards is therefore in the interest 
of producers, traders and consumers.  

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 Regulation (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 European Food Safety Authority and laying 
down procedures in matters of food safety21 and principles and requirements thereof, a 
basic general marketing standard as envisaged in the aforementioned Communication 
of  the  Commission  should  be  appropriate  for  products  not  covered  by  marketing 
standards  by  sectors  or  products.  When  such  products  conform  to  an  applicable 
international  standard,  as  appropriate,  those  products  should  be  considered  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  determination  of  conditions  of  competition. 
Therefore, it is appropriate to lay down definitions, designations and sales descriptions 
for  those  sectors  and/or  products,  which  should  only  be  used  in  the  Union  for  the 
marketing of products which comply with the corresponding requirements.  

21 

OJ L 31, 1.2.2002, p. 1. 

EN 

15 

   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 criteria to be taken into 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 should relate, in particular, to definitions, 
grading  into  classes,  presentation  and  labelling,  packaging,  production  method, 
conservation,  transport,  information  on  producers,  content  of  certain  substances, 
related administrative documents, storage, certification, marketing and time limits.  

(12) 

In  particular,  taking  into  account  the  interest  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 processed agricultural products.  

(13) 

It  is  appropriate  to  determine  certain  oenological  practices  and  restrictions  for  the 
production of wine.  

(14)  The  Commission,  when  defining  marketing  standards  by  sectors  or  products,  should 
take into account the expectations of the consumers, the specificity of each sector and 
recommendations of International Bodies. In order to meet the international standards, 
for  further  oenological  practices  the  Commission  should  as  a  general  rule  base  itself 
on the oenological practices recommended by the 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  authenticity  of  the  products  presented  to  the 
consumers. To guarantee compliance with the marketing standards, there is a need for 
controls  and  the  application  of  penalties  in  case  of  non-compliance  with  such 
obligations. Member States will have to assume 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 special provisions in force in certain third countries may 
justify  derogations  from  the  marketing  standards  if  their  equivalence  to  Union 
legislation is guaranteed. Provisions 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 classification 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 territories. Certain wine grape varieties 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 

16 

   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 the 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  listed  in  Annex  I  and 
agricultural ethyl alcohol as referred 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 Regulation which are ready for retail sale as 

EN 

17 

   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 conforming to the general marketing standard 
where the product intended to be marketed is in conformity with an applicable 
standard,  as  appropriate,  adopted  by  any  of  the  international  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 delegated 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 marketing standards by sectors or products  

1. 

In order to take account of the expectations 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  marketing  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 such standards in order to adapt to the 
constantly changing market conditions, to the evolving consumer demands, as 
well  as  in  order  to  take  account  of  developments  in  relevant  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  sales  descriptions  other  than  those  set 
out  in  this  Regulation  and  lists  of  carcasses  and  parts  thereof  to  which 
Annex XIIa applies; 

(b) 

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

EN 

18 

   EN 

 
 
 
(c) 

the plant variety or animal race or the commercial type; 

(d) 

(e) 

(f) 

(g) 

(h) 

the  presentation,  sales  descriptions,  labelling  linked  to  obligatory 
marketing standards, packaging, rules to be applied in relation to packing 
centres, marking, wrapping, year of harvesting and use of specific terms; 

criteria  such  as  appearance,  consistency,  conformation,  product 
characteristics; 

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

the  type  of  farming  and  production  method  including  oenological 
practices and related administrative rules, and operating circuit; 

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, delivery, 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 certification procedure; 

(s) 

the conditions governing the disposal, the holding, 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 referred 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 

19 

   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) 

(c) 

the need to ensure the conditions for a smooth placing of those products 
on the market; 

the  interest  of  consumers  to  receive  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  used  for  determining  their  physical, 

chemical and organoleptic characteristics; 

(e) 

the standard recommendations adopted by international bodies. 

Article 112f 

Definition, designation and/or sale description for certain sectors and/or products 

1. 

The  definitions,  designations  and/or  sale  descriptions  provided  for  in 
Annex XIIa shall apply to the 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 intended for human consumption 

2.  A  definition,  designation  or  sale  description  provided  for  in  Annex XIIa  may 
be used in the Union only for the marketing of a product which 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  creating  obstacles  to  product  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 

20 

   EN 

 
Article 112g 

Tolerance 

In order to take into account the specificity of each sector, the Commission may, by 
means of delegated acts, adopt a tolerance for each standard beyond which the entire 
batch of products will be considered as not respecting the standard.  

Article 112h 

Oenological practices  

1.  Where 

the  International  Organisation  of  Vine  and  Wine  (OIV)  has 
recommended  and  published  methods  of  analysis  for  determining  the 
composition  of  products  and  rules  whereby  it  may  be  established  whether 
products  have  undergone  processes  contrary  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 methods 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 112k(2) and (3) shall 
be  used  in  the  production  and  conservation  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  shall  only  be  used  for  the  purposes  of 
ensuring  proper  vinification,  proper  preservation  or  proper  refinement  of  the 
product. 

Products of the wine sector shall be produced 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  oenological  practices  or,  where  applicable, 
unauthorised  national  oenological  practices  or  which  contravene 
the 
restrictions laid down in Annex XIIc, shall not be marketed in the Union. 

3.  When  authorising  oenological  practices  for  wine  as  referred  to  in  point(g)  of 

Article 112e(2), the Commission shall: 

EN 

21 

   EN 

 
 
(a) 

base  itself  on  the  oenological  practices  and  methods  of  analyses 
recommended  and  published  by  the  OIV  as  well  as  on  the  results  of 
experimental use of as yet unauthorised oenological practices;  

(b) 

take into account the protection of human health; 

(c) 

(d) 

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

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

(e) 

ensure an acceptable minimum level of environmental care; 

(f) 

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

Article 112i 

Wine grape varieties 

1. 

2. 

Products  listed  in  Part  II  of  Annex XIIa  and  produced  in  the  Union  shall  be 
made  from  wine  grape  varieties  classifiable  according  to  paragraph  2  of  this 
Article. 

Subject  to  paragraph  3,  Member  States  shall  classify  which  wine  grape 
varieties  may  be  planted,  replanted  or  grafted  on  their  territories  for  the 
purpose of wine production. 

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

(a) 

(b) 

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

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

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

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

EN 

22 

   EN 

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

4. 

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

(a)  wine  grape  varieties  which  are  not  classified  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 States referred to 
in paragraph 3 are concerned. 

5.  Areas  planted  with  wine  grape  varieties  for  the  purpose  of  wine  production 

planted in breach of paragraphs 2, 3 and 4 shall be grubbed up. 

However, there shall be no obligation to grub up such areas where the relevant 
production  is  intended  exclusively  for  consumption  by  the  wine-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 produced from wine grape varieties listed 
in  the  classifications  drawn  up  in  accordance  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  consumption  by  individual  wine-producers’ 
households, for the production of wine 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 microbiological stability. 

Member States making use of this option provided for in the first subparagraph 
shall ensure that other Member States' products which comply with the criteria 
laid  down  by  those  national  rules  may,  under  non-discriminatory  conditions, 

EN 

23 

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use terms which, by virtue of those rules, state that those criteria are complied 
with.  

2.  Member  States  may  limit  or  exclude  the  use  of  certain  oenological  practices 
and  provide  for  more  stringent  restrictions  for  wines  authorised  under  Union 
law  produced  in  their  territory  with  a  view  to  reinforcing  the  preservation  of 
the essential characteristics of wines with a protected designation of origin or a 
protected geographical indication and of sparkling wines and liqueur wines. 

Member States shall communicate those limitations, exclusions and restrictions 
to  the  Commission,  which  shall  bring  them  to  the  attention  of  the  other 
Member States. 

3.  Member  States  may  allow  the  experimental  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 conditions for the holding, circulation and 
use of the products obtained from the experimental 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  the  Union  and  certain 
third  countries  and  of  the  special  character  of  some  agricultural  products,  the 
Commission  may,  by  means  of  delegated  acts,  define  the  conditions  under  which 
imported  products  are  considered  as  providing  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 standards 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  concerning  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 definitions and sales descriptions 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 

24 

   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 body  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,  based  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 implementing acts, adopt all necessary measures 
related to this Section and in particular: 

(a) 

lay down rules for the implementation of the general marketing standard; 

(b) 

(c) 

lay down rules for the implementation of the definitions and sales descriptions 
provided for in Annex XIIa;  

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 lists of products which Member States 
regard  as  corresponding  in  their  territory  to  the  products  referred  to  in  the 
second paragraph of the point 5 of Part III 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 

25 

   EN 

 
 
(f) 

lay  down  rules  for  performing  the  checks  of  compliance  with  the  marketing 
standards by sectors or products;  

(g) 

lay down rules for fixing of the tolerance level; 

(h) 

adopt  provisions  related  to  the  authorities  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 

26 

   EN 

(3) 

(4) 

Article 113 is deleted. 

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  concerned  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  and  fourth  paragraph  of  Article  121  and 
Article 158a are deleted.  

(6) 

In  Chapter  I  of  Part  VII,  the  following  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 indeterminate period of time. As soon as it 
adopts  a  delegated  act,  the  Commission  shall  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 delegation of power shall endeavour to inform the other 
institution  and  the  Commission  within  a  reasonable  time  before  the  final 
decision  is  taken,  indicating  the  delegated  powers  which  could  be  subject  to 
revocation and possible reasons 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 

27 

   EN 

 
 
 
 
 
specified therein. It shall not affect the validity of the delegated acts already in 
force. It shall be published in the Official 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 date 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,  neither  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  expiry  of  that  period  if  the  European 
Parliament  and  the  Council  have  both  informed  the  Commission  of  their 
intention  not  to  raise  objections.  If  the  European  Parliament  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  Committee  referred  to  in  Article  195  of 
this  Regulation  and  the  procedure  provided  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  the  European  Parliament  and  the  Council)shall 
apply.]" 

Annexes XIa, XIb, XII, XIII, XIV, XV, XVa, XVb, XVI are deleted subject to the 
Article 2(1) of this Regulation. 

New Annexes XIIa XIIb and XIIc are inserted, the text of which is set out in Annex I 
to this Regulation. 

Article 2 

Articles 113a, 113b, 114, 115, 116, 117 (1) to (4) of Regulation (EC) No 1234/2007 
as well as Annexes XIa (II) second paragraph, XIa (IV to IX); XII (IV)(2), XIII (VI) 
second  paragraph,  XIV(A),  XIV  (B)(I)  (2)  and  (3),  XIV  (B)(III)  and  XIV  (C),  XV 
(II),  (III),  (IV)  and  (VI),  to  that  Regulation,  for  the  purpose  of  applying  those 
Articles, shall continue to apply until the date to be determined pursuant to paragraph 
2.  

In  order  to  ensure  legal  certainty  as  regards  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 

(7) 

(8) 

1. 

2. 

EN 

28 

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Article or parts thereof cease to apply to the sector concerned. That date shall be the 
date of application of the corresponding marketing rules to be established pursuant to 
the delegated acts provided for in the amendments introduced by point (2) of Article 
1 of this Regulation. 

Article 3 

This Regulation shall enter into force on the seventh 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 
The President 

For the Council 
The President 

EN 

29 

   EN 

ANNEX I 

‘Annex XIIa 

Definitions, designations and sales description of products referred to Article 112f 

For  the  purposes  of  this  Annex,  the  sale  description  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 Annex, “meat” means all carcases, meat on the 
bone  or  boned,  and  offal,  whether  or  not  cut,  intended  for  human  consumption, 
obtained  from  bovine  animals  aged  12  months  or  less,  presented  fresh,  frozen  or 
deep-frozen, whether or not wrapped or packed. 

On  slaughter,  all  bovine  animals  aged  12  months  or  less  shall  be  classified  by  the 
operators, under the supervision of the competent authority, in one of the following 
two categories: 

(A)  Category V: bovine animals aged 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 sales 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  

Bulgaria  

veau, viande de 
veau/kalfsvlees/Kalbfleisch 

месо от малки телета 

Czech Republic  

Telecí 

EN 

30 

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Denmark  

Germany  

Estonia  

Greece  

Spain  

France  

Ireland  

Italy  

Cyprus  

Latvia  

Lithuania  

Luxembourg  

Hungary  

Malta  

Netherlands  

Austria  

Poland  

Portugal  

Romania  

Slovenia  

Slovakia  

Finland  

Sweden  

Lyst kalvekød 

Kalbfleisch 

Vasikaliha 

µοσχάρι γάλακτος 

Ternera blanca, carne de ternera blanca 

veau, viande de veau 

Veal 

vitello, carne di vitello 

µοσχάρι γάλακτος 

Teļa gaļa 

Veršiena 

veau, viande de veau/Kalbfleisch 

Borjúhús 

Vitella 

Kalfsvlees 

Kalbfleisch 

Cielęcina 

Vitela 

carne de vițel 

Teletina 

Teľacie mäso 

vaalea vasikanliha/ljust kalvkött 

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 (category identification letter Z): 

EN 

31 

   EN 

 
Country of marketing  

Sales descriptions to be used 

Belgium  

Bulgaria  

jeune bovin, viande de jeune bovin / 
jongrundvlees/ Jungrindfleisch 

Телешко месо 

Czech Republic  

hovězí maso z mladého skotu 

Denmark  

Germany  

Estonia  

Greece  

Spain  

France  

Ireland  

Italy  

Cyprus  

Latvia  

Lithuania  

Luxembourg  

Hungary  

Malta  

Netherlands  

Austria  

Poland  

Portugal  

Romania  

Slovenia  

Kalvekød 

Jungrindfleisch 

noorloomaliha 

νεαρό µοσχάρι 

Ternera, carne de ternera 

jeune bovin, viande de jeune bovin 

rosé veal 

vitellone, carne di vitellone 

νεαρό µοσχάρι 

jaunlopa gaļa 

Jautiena 

jeune bovin, viande de jeune 
bovin/Jungrindfleisch 

Növendék marha húsa 

Vitellun 

rosé kalfsvlees 

Jungrindfleisch 

młoda wołowina 

Vitelão 

carne de tineret bovin 

meso težjih telet 

EN 

32 

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Slovakia  

Finland  

Sweden  

United Kingdom  

mäso z mladého dobytka 

vasikanliha/kalvkött 

Kalvkött 

Beef 

2. 

3. 

4. 

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. 

The  sales  descriptions  listed  for  category  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”, “µοσχάρι”, “ternera”, “kalv”, 
“veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a 
sales description or be indicated on the labelling of the meat of bovine animals 
aged more than 12 months. 

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 

33 

   EN 

 
 
PART II. GRAPEVINE PRODUCTS 

(1) 

Wine 

Wine  shall  be  the  product  obtained  exclusively  from  the  total  or  partial  alcoholic 
fermentation of fresh grapes, whether or not crushed, or of grape must. 

Wine shall: 

(a) 

have, whether or not following application of the processes specified in Section 
B of Part I of Annex XIIc, an actual alcoholic strength of not less than 8,5% 
volume  provided  that  the  wine  derives  exclusively  from  grapes  harvested  in 
wine-growing zones A and B referred to in the Appendix to this Annex, and of 
not less than 9 % volume in other wine-growing zones; 

(b)  have,  by  way  of  derogation  from  the  otherwise  applicable  minimum  actual 
alcoholic strength, where it has a protected designation of origin or a protected 
geographical indication, whether or not following application of the processes 
specified in Section B of Part I of Annex 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 acts pursuant to Article 112e(1), 

the upper limit for the total alcoholic strength may exceed 15 % volume 
for  wines  with  a  protected  designation  of  origin  which  have  been 
produced without enrichment; 

(d)  have,  subject  to  derogations  which  may  be  adopted  by  the  Commission  by 
means  of  delegated  acts  pursuant  to  Article  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  exclusively  in  the  geographical  territory  of 
Greece using grape must treated with resin from the Aleppo pine. The use of 
Aleppo  pine  resin  is  permitted  solely  for  the  purpose  of  obtaining  “Retsina” 
wine under the conditions laid down in Greece’s applicable provision. 

By way of derogation from point (b) “Tokaji 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 

34 

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– 

it is part of a composite name. 

Any  confusion  with  products  corresponding  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 which is not yet separated from its lees. 

(3) 

Liqueur wine 

Liqueur wine shall be the product: 

(a)  which  has  an  actual  alcoholic  strength  of  not  less  than  15 %  volume  and  not 

more than 22 % volume; 

(b)  which has a total alcoholic strength of not less than 17,5 % volume, except for 
certain  liqueur  wines  with  a  designation  of  origin  or  with  a  geographical 
indication appearing on a list to be drawn up by the Commission 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 delegated acts pursuant 
to Article 112e(1); 

(d)  which  has  an  initial  natural  alcoholic  strength  of  not  less  than  12  %  volume 
except  for  certain  liqueur  wines  with  a  protected  designation  of  origin  or  a 
protected  geographical  indication  appearing  on  a  list  to  be  drawn  up  by  the 
Commission by means of delegated acts pursuant to Article 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,  having  an  actual  alcoholic  strength  of 
not less than 96 % volume, 

wine or dried grape distillate, having an actual alcoholic strength of 
not less than 52 % volume and not more than 86 % volume; 

(ii) 

together with one or more of the following products where appropriate: 

EN 

35 

   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 first and fourth indent of point (c); 

(f) 

to  which,  by  way  of  derogation  from  point  (e),  has  been  added,  in  so  far  as 
certain  liqueur  wines  with  a  protected  designation  of  origin  or  a  protected 
geographical indication are concerned which appear on a list to be drawn up by 
the Commission by means of delegated acts pursuant to Article 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 following products, where appropriate: 

– 

– 

– 

– 

partially fermented grape must obtained from raisined grapes, 

concentrated  grape  must  obtained  by  the  action  of  direct  heat, 
complying, with the exception of this operation, with the definition 
of concentrated grape must, 

concentrated grape must, 

a  combination  of  one  of  the  products  listed  in  point  (f)(ii)  with  a 
grape must referred to in the first and fourth indents of point (c). 

(4) 

Sparkling wine 

Sparkling wine shall be the product: 

(a)  which is obtained by first or second alcoholic fermentation: 

– 

– 

– 

from fresh grapes, 

from grape must, or, 

from wine; 

(b)  which,  when  the  container  is  opened,  releases  carbon  dioxide  derived 

exclusively from fermentation; 

EN 

36 

   EN 

(c)  which  has  an  excess  pressure,  due  to  carbon  dioxide  in  solution,  of  not  less 
than 3 bar when kept at a temperature of 20 °C in closed containers; and 

(d) 

for  which  the  total  alcoholic  strength  of  the  cuvées  intended  for  their 
preparation shall not be less than 8,5 % volume. 

(5) 

Quality sparkling wine 

Quality sparkling wine shall be the product: 

(a)  which is obtained by first or second alcoholic fermentation: 

– 

– 

– 

from fresh grapes, 

from grape must, or 

from wine; 

(b)  which,  when  the  container  is  opened,  releases  carbon  dioxide  derived 

exclusively from fermentation; 

(c)  which  has  an  excess  pressure,  due  to  carbon  dioxide  in  solution,  of  not  less 
than 3,5 bar when kept at a temperature of 20 °C in closed containers; and 

(d) 

for  which  the  total  alcoholic  strength  of  the  cuvées  intended  for  their 
preparation shall not be less than 9 % volume. 

(6) 

Quality aromatic sparkling wine 

Quality aromatic sparkling wines shall be the quality sparkling wine: 

(a)  which  is  obtained  only  by  making  use,  when  constituting  the  cuvée,  of  grape 
must or grape must in fermentation which is derived from specific wine grape 
varieties  on  a  list  to  be  drawn  up  by  the  Commission  by  means  of  delegated 
acts pursuant to Article 112e(1).  

Quality  aromatic  sparkling  wines  traditionally  produced  using  wines  when 
constituting  the  cuvée,  shall  be  determined  by  the  Commission  by  means  of 
delegated acts pursuant to in Article 112e(1); 

(b)  which  has  an  excess  pressure,  due  to  carbon  dioxide  in  solution,  of  not  less 

than 3 bar when kept at a temperature of 20°C in closed containers; 

(c) 

of which the actual alcoholic strength may not be less than 6 % volume; and 

(d)  of which the total alcoholic strength may not be less than 10 % volume. 

(7) 

Aerated sparkling wine 

Aerated sparkling wine shall be the product which: 

(a) 

is obtained from wine without a protected designation of origin or a protected 
geographical indication; 

EN 

37 

   EN 

 
(b) 

(c) 

releases,  when  the  container  is  opened,  carbon  dioxide  derived  wholly  or 
partially from an addition of that gas; and 

has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar 
when kept at a temperature of 20 °C in closed containers. 

(8) 

Semi-sparkling wine 

Semi-sparkling wine shall be the product which: 

(a) 

is obtained from wine provided that such wine has a total alcoholic strength of 
not less than 9 % volume; 

(b)  has an actual alcoholic strength of not less than 7 % volume; 

(c) 

has  an  excess  pressure,  due  to  endogenous  carbon  dioxide  in  solution  of  not 
less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C 
in closed containers; and 

(d) 

is placed in containers of 60 litres or less. 

(9) 

Aerated semi-sparkling wine 

Aerated semi-sparkling wine shall be the product which: 

(a) 

is obtained from wine; 

(b)  has  an  actual  alcoholic  strength  of  not  less  than  7  %  volume  and  a  total 

alcoholic strength of not less than 9 % volume; 

(c) 

has an excess pressure of not less than 1 bar and not more than 2,5 bar when 
kept  at  a  temperature  of  20  °C  in  closed  containers  due  to  carbon  dioxide  in 
solution which has been wholly or partially added; and 

(d) 

is placed in containers of 60 litres or less. 

(10) 

Grape must 

Grape  must  shall  be  the  liquid  product  obtained  naturally  or  by  physical  processes 
from fresh grapes. An actual alcoholic strength of the grape must of not more than 
1 % volume is permissible. 

(11) 

Partially fermented grape must 

Grape  must  in  fermentation  shall  be  the  product  obtained  from  the  fermentation  of 
grape must which has an actual alcoholic strength of more than 1 % volume but less 
than three fifths of its total alcoholic strength by volume. 

(12) 

Partially fermented grape must extracted from raisined grapes 

Grape  must  in  fermentation  extracted  from  raisined  grapes  shall  be  the  product 
obtained from the partial fermentation of grape must obtained from raisined grapes, 
the  total  sugar  content  of  which  before  fermentation  is  at  least  272  grams  per  litre 

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38 

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and  the  natural  and  actual  alcoholic  strength  of  which  shall  not  be  less  than  8  % 
volume. However, certain wines, to be determined by the Commission by means of 
delegated acts pursuant to Article 112e(1), that meet these requirements shall not be 
considered as grape must in fermentation extracted from raisined grapes. 

(13) 

Concentrated grape must 

Concentrated  grape  must  shall  be  uncaramelised  grape  must  which  is  obtained  by 
partial dehydration of grape must carried out by any authorised method other than by 
direct  heat  in  such  a  way  that  the  figure  indicated  by  a  refractometer  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 concentrated grape must 

Rectified concentrated grape must shall be the liquid uncaramelised product which: 

(a) 

is obtained by partial dehydration of grape must carried out by any authorised 
method  other  than  direct  heat  in  such  a  way  that  the  figure  indicated  by  a 
refractometer used in accordance with a method to be prescribed in accordance 
with 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  for  de-acidification  and  elimination  of 

constituents other than sugar; 

(c) 

has the following characteristics: 

– 

– 

– 

– 

– 

– 

– 

– 

a pH of not more than 5 at 25 Brix, 

an  optical  density  at  425  nm  for  a  thickness  of  1  cm  of  not  more  than 
0,100 in grape must concentrated at 25 Brix, 

a sucrose content undetectable by a method of analysis to be defined, 

a Folin-Ciocalteu index of not more than 6,00 at 25 °Brix, 

a titratable acidity of not more than 15 milliequivalents per kilogram of 
total sugars, 

a sulphur dioxide content of not more than 25 milligrams per kilogram of 
total sugars, 

a total cation content of not more than 8 milliequivalents per kilogram of 
total sugars, 

a  conductivity  at  25  °Brix  and  20  °C  of  not  more  than  120  micro-
Siemens/cm, 

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– 

a  hydroxymethylfurfural  content  of  not  more  than  25  milligrams  per 
kilogram of total sugars, 

– 

presence of mesoinositol. 

An  actual  alcoholic  strength  of  the  rectified  concentrated  grape  must  of  not 
more than 1 % volume is permissible. 

(15)  Wine from raisined grapes 

Wine from raisined grapes shall be the product which: 

(a) 

is produced without enrichment, from grapes left in the sun or shade for partial 
dehydration; 

(b)  has a total alcoholic strength of at least 16 % volume and an actual alcoholic 

strength of at least 9 % volume; and 

(c) 

has  a  natural  alcoholic  strength  of  a  least  16  %  volume  (or  272  grams 
sugar/litre). 

(16)  Wine of overripe grapes 

Wine of overripe grapes shall be the product which: 

(a) 

is produced without enrichment; 

(b)  has a natural alcoholic strength of more than 15 % volume; and 

(c) 

has  a  total  alcoholic  strength  of  not  less  than  15  %  volume  and  an  actual 
alcoholic strength of not less than 12 % volume. 

Member States may prescribe a period of ageing for this product. 

(17)  Wine vinegar 

Wine vinegar shall be vinegar which: 

(a) 

is obtained exclusively by acetous fermentation of wine; and 

(b)  has a total acidity of not less than 60 grams per litre expressed as acetic acid. 

PART III. MILK AND MILK PRODUCTS 

1. 

The term 'milk' means exclusively the normal mammary secretion obtained from one 
or more milkings without either addition thereto or extraction therefrom. 

However, the term 'milk' may be used: 

(a) 

for milk treated without altering its composition or for milk the fat content of 
which is standardised under Part IV of this Annex; 

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(b) 

in association with a word or words to designate the type, grade, origin and/or 
intended  use  of  such  milk  or  to  describe  the  physical  treatment  or  the 
modification in composition to which it has been subjected, provided that the 
modification  is  restricted  to  an  addition  and/or  withdrawal  of  natural  milk 
constituents. 

2. 

For  the  purposes  of  this  Part,  'milk  products'  means  products  derived  exclusively 
from milk, on the understanding that substances necessary for their manufacture may 
be added provided that those substances are not used for the purpose of replacing, in 
whole or in part, any milk constituent. 

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 designate composite products of which no part 
takes or is intended to take the place of any milk constituent and of which milk or a 
milk product is an essential part either in terms of quantity or for characterisation of 
the product. 

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41 

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4. 

5. 

6. 

The origin of milk and milk products to be defined by the Commission shall be stated 
if it is not bovine. 

The designations referred to in points 1, 2 and 3 of this Part may not be used for any 
product other than those referred to in that point.  

However,  this  provision  shall  not  apply  to  the  designation  of  products  the  exact 
nature  of  which  is  clear  from  traditional  usage  and/or  when  the  designations  are 
clearly used to describe a characteristic quality of the product. 

In respect of a product other than those described in points 1,2 and 3 of this Part, no 
label, commercial document, publicity material or any form of advertising as defined 
in Article 2 of Council Directive 2006/114/EC*** or any form of presentation, may 
be used which claims, implies or suggests that the product is a dairy product. 

However,  in  respect  of  a  product  which  contains  milk  or  milk  products,  the 
designation ‘milk’ or the designations referred to in the second subparagraph of point 
2  of  this  Part  may  be  used  only  to  describe  the  basic  raw  materials  and  to  list  the 
ingredients in accordance with Directive 2000/13/EC. 

PART IV. MILK FOR HUMAN CONSUMPTION FALLING WITHIN CN CODE 
0401 

I. 

Definitions 

For the purposes of this Part: 

(a) 

‘milk’ means the produce of the milking of one or more cows; 

(b) 

(c) 

(d) 

‘drinking milk’ means the products referred to in point III intended for delivery 
without further processing to the consumer; 

‘fat content’ means the ratio by mass of parts of milk fat per hundred parts of 
milk in the milk concerned; 

‘protein content’ means the ratio by mass of parts of protein per hundred parts 
of  milk  in  the  milk  concerned  (obtained  by  multiplying  by  6,38  the  total 
nitrogen content of the milk expressed as a percentage by mass). 

II. 

Delivery or sale to the final consumer 

(1)  Only milk complying with the requirements laid down for drinking milk may 
be delivered or sold without processing to the final consumer, either directly or 
through  the  intermediary  of  restaurants,  hospitals,  canteens  or  other  similar 
mass caterers. 

(2)  The  sales  descriptions  to  be  used  for  those  products  shall  be  those  given  in 
point  III  of  this  Part.  Those  descriptions  shall  be  used  only  for  the  products 
referred  to  in  that  point,  without  prejudice  to  their  use  in  composite 
descriptions. 

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42 

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(3)  Member  States  shall  adopt  measures  to  inform  consumers  of  the  nature  and 
composition of the products concerned where the absence of such information 
is likely to cause confusion. 

III. 

Drinking milk 

1. 

The following products shall be considered 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  which,  with  respect  to  fat  content,  meets 

one of the following requirements: 

(i) 

standardised  whole  milk:  milk  with  a  fat  content  of  at  least  3,50  % 
(m/m). However, Member States may provide for an additional category 
of whole milk with a fat content of 4,00 % (m/m) or above; 

(ii)  non-standardised  whole  milk:  milk  with  a  fat  content  that  has  not  been 
altered since the milking stage either by the addition or removal of milk 
fats  or  by  mixture  with  milk  the  natural  fat  content  of  which  has  been 
altered. However, the fat content may not be less than 3,50 % (m/m); 

(c) 

(d) 

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); 

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 described as whole milk, semi-skimmed milk 
or skimmed milk. 

2.  Without prejudice to point 1(b)(ii) , only the following modifications shall be 

allowed: 

(a) 

in  order  to  meet  the  fat  contents  laid  down  for  drinking  milk, 
modification  of  the  natural  fat  content  by  the  removal  or  addition  of 
cream  or  the  addition  of  whole  milk,  semi-skimmed  milk  or  skimmed 
milk; 

(b) 

enrichment of milk with milk proteins, mineral salts or vitamins; 

(c) 

reduction of the lactose content by conversion to glucose and galactose. 

Modifications in the composition of milk referred to in points (b) and (c) shall 
be allowed only if they are indelibly indicated on the packing of the product so 
that it can be easily seen and read. However, such indication shall not remove 
the  obligation  as  regards  nutrition  labelling  laid  down  by  Council  Directive 

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90/496/EEC  ****.  Where  proteins  are  added,  the  protein  content  of  the 
enriched milk must be 3,8 % (m/m) or more. 

However,  Member  States  may  limit  or  prohibit  modifications  to  the 
composition of milk referred to in points (b) and (c). 

3.  Drinking milk shall: 

(a) 

have  a  freezing  point  close  to  the  average  freezing  point  for  raw  milk 
recorded in the area of origin of the drinking milk collected; 

(b)  have a mass of not less than 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 concentration 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 relation to the marketing within the Union by way of 
business  or  trade,  of  certain  types  and  presentations  of  poultrymeat,  and  poultrymeat  or 
poultry offal preparations and products, of the following species  

– 

– 

– 

– 

– 

Gallus domesticus, 

ducks, 

geese, 

turkeys, 

guinea fowls. 

These provisions shall also apply to poultrymeat in brine falling within CN code 0210 99 39. 

I. 

Definitions 

(1) 

(2) 

'poultrymeat'  means  poultrymeat  suitable  for  human  consumption,  which  has 
not undergone any treatment other than cold treatment; 

“fresh  poultrymeat”  means  poultrymeat  which  has  not  been  stiffened  at  any 
time by the cooling process prior to being kept at a temperature not below – 2 
°C and not higher than + 4 °C. However, Member States may lay down slightly 
different  temperature  requirements  for  the  minimum  length  of  time  necessary 
for the cutting and handling of fresh poultrymeat performed in retail shops or 
in  premises  adjacent  to  sales  points,  where  the  cutting  and  handling  are 
performed  solely  for  the  purpose  of  supplying  the  consumer  directly  on  the 
spot; 

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44 

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(3) 

(4) 

(5) 

“frozen  poultrymeat”  means  poultrymeat  which  must  be  frozen  as  soon  as 
possible within the constraints of normal slaughtering procedures and is to be 
kept at a temperature no higher than – 12 °C at any time 

'quick-frozen  poultrymeat'  means  poultrymeat  which  is  to  be  kept  at  a 
temperature no higher than -18°C at any time within the tolerances as provided 
for in Council Directive 89/108/EEC *****. 

“poultrymeat  preparation”  means  poultrymeat  including  poultrymeat  that  has 
been  reduced to  fragments,  which  has had  foodstuffs,  seasonings or  additives 
added to it or which has undergone processes insufficient to modify the internal 
muscle fibre structure of the meat; 

(6) 

“fresh  poultrymeat  preparation”  means  a  poultrymeat  preparation  for  which 
fresh poultrymeat has been used.  

However,  Member  States  may  lay  down  slightly  different  temperature 
requirements to be applied for the minimum length of time necessary and only 
to the extent necessary to facilitate the cutting and handling performed in the 
factory during the production of fresh poultrymeat preparations; 

(7) 

“poultrymeat product” means a meat product as defined in point 7.1 of Annex I 
to Regulation (EC) No 853/2004 ****** for which poultrymeat has been used. 

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PART VI. SPREADABLE FATS 

The  products  referred  to  in  Article  112f  may  not  be  supplied  or  transferred  without  processing  to  the  ultimate  consumer  either  directly  or  through 
restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex. 

The sales descriptions of these products shall be those specified in this Part. 

The sales descriptions below shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10% but 
less than 90% by weight: 

(a) 

(b) 

(c) 

milk fats falling within CN codes 0405 and ex2106; 

fats falling within CN code ex1517; 

fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106. 

The fat content excluding salt shall be at least two-thirds of the dry matter. 

However, these sales descriptions shall only apply to products which remain solid at a temperature of 20°C, and which are suitable for use as spreads. 

These definitions shall not apply to: 

(a) 

the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe 
a characteristic quality of the product; 

(b) 

concentrated products (butter, margarine, blends) with a fat content of 90 % or more. 

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Fat group 

Definitions 

A. Milk fats 

Sales description 

1. Butter 

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. 

2.Three-quarter fat butter (*) 

3. Half fat butter (**) 

Product categories 

Additional description of the category with an indication of the % fat 
content by weight 

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 %. 

4. Dairy spread X % 

The product with the following milk-fat contents: 

B. Fats 

1. Margarine 

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. 

2. Three-quarter-fat 
margarine (***) 

3. Half-fat margarine (****) 

4. Fat spreads X % 

less than 39 %, 

- 
-  more than 41 % but less than 60 %, 
-  more than 62 % but less than 80 %. 

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 %. 

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Fat group 

Definitions 

Sales description 

C. Fats composed of plant and/or animal products 

1. Blend 

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. 

2.  Three-quarter-fat  blend 

(*****) 

Product categories 

Additional description of the category with an indication of the % fat 
content by weight 

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 %. 

3. Half-fat blend (******) 

The product obtained from a mixture of vegetable and/or animal fats 
with the following fat contents: 

4. Blended spread X % 

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. 

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PART VII. DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE 
POMACE OILS 

The use of the descriptions and definitions of olive oils and olive pomace oils set out in this 
Part shall be compulsory as regards the marketing of the products concerned within the Union 
and, insofar as compatible with international compulsory rules, in trade with third countries. 

Only oils referred to in points 1(a) and (b), 3 and 6 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 mechanical or other physical 
means  under  conditions  that  do  not  lead  to  alterations  in  the  oil,  which  have  not 
undergone any treatment other than washing, decantation, centrifugation or filtration, 
to the exclusion of oils obtained using solvents or using adjuvants having a chemical 
or  biochemical  action,  or  by  re-esterification  process  and  any  mixture  with  oils  of 
other kinds. 

Virgin olive oils are exclusively classified and described as follows: 

(a)  Extra virgin olive oil 

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 0,8 g 
per 100 g, the other characteristics of which comply with those laid down for 
this category. 

(b)  Virgin olive oil 

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 2 g 
per 100 g, the other characteristics of which comply with those laid down for 
this category. 

(c)  Lampante olive oil 

Virgin olive oil having a free acidity, in terms of oleic acid, of more than 2 g 
per  100  g,  and/or  the  other  characteristics  of  which  comply  with  those  laid 
down for this category. 

(2) 

Refined olive oil 

Olive oil obtained by refining virgin olive oil, having a free acidity content expressed 
as oleic acid, of not more than 0,3 g per 100 g, and the 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  olive  oil  and  virgin  olive  oil  other  than 
lampante olive oil, having a free acidity content expressed as oleic acid, of not more 
than  1  g  per  100  g,  and  the  other  characteristics  of  which  comply  with  those  laid 
down for this category. 

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(4) 

Crude olive-pomace oil 

Oil obtained from olive pomace by treatment with solvents or by physical means or 
oil  corresponding  to  lampante  olive  oil,  except  for  certain  specified  characteristics, 
excluding oil obtained by means of re-esterification and mixtures with other types of 
oils,  and  the  other  characteristics  of  which  comply  with  those  laid  down  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-pomace  oil  and  virgin  olive  oil  other  than 
lampante olive oil, having a free acidity content expressed as oleic acid, of not more 
than  1  g  per  100  g,  and  the  other  characteristics  of  which  comply  with  those  laid 
down 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  vines  other  than  those  included  in  point 
2(a); 

(b) 

in Luxembourg: the Luxembourg wine-growing region; 

(c) 

in  Belgium,  Denmark,  Ireland,  the  Netherlands,  Poland,  Sweden  and  the 
United Kingdom: the wine-growing areas of these countries; 

(d) 

in the Czech Republic: the wine growing region of Čechy. 

(2) 

Wine-growing zone B comprises: 

(a) 

in Germany, the areas planted with vines in the specified region Baden; 

(b) 

in France, the areas planted with vines in the departments not mentioned in this 
Annex and in the following departments: 

– 

– 

– 

– 

in Alsace: Bas-Rhin, Haut-Rhin, 

in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges, 

in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne, 

in the Jura: Ain, Doubs, Jura, Haute-Saône, 

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– 

– 

in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan), 

in  the  Val  de  Loire:  Cher,  Deux-Sèvres,  Indre,  Indre-et-Loire,  Loir-et-
Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, 
and  the  areas  planted  with  vines  in  the  arrondissement  of  Cosne-sur-
Loire in the department of Nièvre; 

(c) 

in Austria, the Austrian wine-growing area; 

(d) 

(e) 

in  the  Czech  Republic,  the  wine-growing  region  of  Morava  and  the  areas 
planted with vines not included in point 1(d); 

the  areas  planted  with  vines 

the  following  regions: 
in  Slovakia, 
Malokarpatská  vinohradnícka  oblast,  Južnoslovenská  vinohradnícka  oblast, 
Nitrianska  vinohradnícka  oblast,  Stredoslovenská  vinohradnícka  oblast, 
Východoslovenská  vinohradnícka  oblast  and  the  wine  growing  areas  not 
included in point 3(f); 

in 

(f) 

in Slovenia, the areas planted with vines in the following regions: 

– 

– 

in the Podravje region: Štajerska Slovenija, Prekmurje, 

in the Posavje region: Bizeljsko Sremič, 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 Podișul Transilvaniei. 

(3) 

Wine-growing zone C I comprises: 

(a) 

in France, areas planted with vines: 

– 

– 

– 

in  the  following  departments:  Allier,  Alpes-de-Haute-Provence,  Hautes-
Alpes,  Alpes-Maritimes,  Ariège,  Aveyron,  Cantal,  Charente,  Charente-
Maritime,  Corrèze,  Côte-d’Or,  Dordogne,  Haute-Garonne,  Gers, 
Gironde,  Isère  (with  the  exception  of  the  commune  of  Chapareillan), 
Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except 
for  the  arrondissement  of  Cosne-sur-Loire),  Puy-de-Dôme,  Pyrénées-
Atlantiques,  Hautes-Pyrénées,  Rhône,  Saône-et-Loire,  Tarn,  Tarn-et-
Garonne, Haute-Vienne, Yonne, 

in  the  arrondissements  of  Valence  and  Die  in  the  department  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, Privas, Saint-Etienne de Lugdarès, 
Saint-Pierreville, Valgorge and la Voulte-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 

51 

   EN 

 
(c) 

(d) 

in  Spain,  areas  planted  with  vines  in  the  provinces  of  A  Coruña,  Asturias, 
Cantabria, Guipúzcoa and Vizcaya; 

in Portugal, areas planted with vines in that part of the region of Norte which 
corresponds  to  the  designated  wine  area  of  ‘Vinho  Verde’  as  well  as  the 
“Concelhos  de  Bombarral,  Lourinhã,  Mafra  e  Torres  Vedras”  (with  the 
exception  of  ‘Freguesias  da  Carvoeira  e  Dois  Portos”),  belonging  to  the 
‘Região viticola da Extremadura’, 

(e) 

in Hungary, all areas planted with vines, 

(f) 

in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast, 

(g) 

in Romania, areas planted with vines not included in 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, Molise, Piedmont, Tuscany, Umbria, Veneto 
(except for the province of Belluno), including the islands belonging to those 
regions,  such  as  Elba  and  the  other  islands  of  the  Tuscan  archipelago,  the 
Ponziane islands, Capri and Ischia; 

(c) 

in Spain, areas planted with vines in the following provinces: 

– 

– 

– 

– 

Lugo, Orense, Pontevedra, 

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, 

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– 

– 

– 

– 

– 

– 

Navarra, 

Huesca, 

Barcelona, Girona, Lleida, 

in  that  part  of  the  province  of  Zaragoza  which  lies  to  the  north  of  the 
river Ebro, 

in those communes of the province of Tarragona included in the Penedés 
designation of origin, 

in  that  part  of  the  province  of  Tarragona  which  corresponds  to  the 
designated wine ‘comarca’ of Conca de Barberá; 

(d) 

(e) 

in Slovenia, areas planted with vines in the following regions: Brda or Goriška 
Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra; 

in  Bulgaria,  areas  planted  with  vines  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  Buzăului,  Dealu  Mare,  Severinului  and  Plaiurile  Drâncei,  Colinele 
Dobrogei, Terasele Dunării, the South wine region, including sands and other 
favourable regions. 

(5) 

Wine-growing zone C III (a) comprises: 

(a) 

in  Greece,  areas  planted  with  vines  in  the  following  nomoi:  Florina,  Imathia, 
Kilkis,  Grevena,  Larisa,  Ioannina,  Levkas,  Akhaia,  Messinia,  Arkadia, 
Korinthia,  Iraklio,  Khania,  Rethimni,  Samos,  Lasithi  and  the  island  of  Thira 
(Santorini); 

(b) 

in Cyprus, areas planted with vines located at altitudes exceeding 600 metres; 

(c) 

in Bulgaria, areas planted with vines not included in point 4(e). 

(6) 

Wine-growing zone C III (b) comprises: 

(a) 

in France, areas planted with vines: 

– 

– 

– 

in the departments of Corsica, 

in that part of the department of Var situated between the sea and a line 
bounded  by  the  communes  (which  are  themselves  included)  of  Evenos, 
Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-
Freinet, Plan-de-la-Tour and Sainte-Maxime, 

in  the  cantons  of  Olette  and  Arles-sur-Tech  in  the  department  of 
Pyrénées-Orientales; 

EN 

53 

   EN 

 
(b) 

in Italy, areas planted with vines in the following regions: Calabria, Basilicata, 
Apulia,  Sardinia  and  Sicily,  including  the  islands  belonging  to  those  regions, 
such as Pantelleria and the Lipari, Egadi and Pelagian islands; 

(c) 

in Greece, areas planted with vines not listed in point 5(a); 

(d) 

in Spain: areas planted with vines not included in points 3(c) or 4(c); 

(e) 

in Portugal, areas planted with vines in the regions not included in point 3(d); 

(f) 

in  Cyprus,  areas  planted  with  vines  located  at  altitudes  not  exceeding  600 
metres; 

(g) 

in Malta, areas planted with vines. 

The demarcation of the territories covered by the administrative units referred to in 
this  Annex  is  that  resulting  from  the  national  provisions  in  force  on  15  December 
1981 and, for Spain, from the national provisions in force on 1 March 1986 and, for 
Portugal, from the national provisions in force on 1 March 1998.’ 

EN 

54 

   EN 

 
Annex XIIb 
International Organisations referred to in Article 112b(3) 

– 

– 

Codex Alimentarius 

United Nations Economic Commission for Europe 

EN 

55 

   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  supplement  the  natural  alcoholic  strength  by 
volume of fresh grapes, grape must, grape must in fermentation, new wine still 
in  fermentation  and  wine  obtained  from  wine  grape  varieties  classifiable 
according to Article 112i. 

2 

The  increase  in  natural  alcoholic  strength  by  volume  shall  be  achieved  by 
means of the oenological practices referred to in Section B and shall not exceed 
the following limits: 

(a) 

3 %  volume  in  wine-growing  zone  A  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  have  been  exceptionally  unfavourable, 
Member States may request that the limit(s) laid down in point 2 be raised by 
0,5  %.  In  response  to  such  a  request,  the  Commission  under  the  powers  as 
referred to in 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 strength by volume provided for in Section A 
shall only be effected: 

(a) 

(b) 

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; 

in respect of grape must, by adding sucrose, concentrated grape must or 
rectified  concentrated  grape  must,  or  by  partial  concentration,  including 
reverse osmosis; 

(c) 

in respect of wine, by partial concentration through cooling. 

EN 

56 

   EN 

 
2. 

3. 

The processes referred to in point 1 shall 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. 

The  addition  of  sucrose  provided  for  in  points  1(a)  and  (b)  may  only  be 
performed by dry sugaring and only in the following areas: 

(a)  wine-growing zone A 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 Italy, Greece, Spain, Portugal, Cyprus and 
vineyards in the French departments under jurisdiction of the courts of appeal 
of: 

– 

– 

Aix-en-Provence, 

Nîmes, 

–  Montpellier, 

– 

– 

– 

– 

– 

Toulouse, 

Agen, 

Pau, 

Bordeaux, 

Bastia. 

However,  enrichment  by  dry  sugaring  may  be  authorised  by  the  national 
authorities as an exception in the abovementioned French departments. France 
shall notify the Commission and the other Member States forthwith of any such 
authorisations.  

4. 

The  addition  of  concentrated  grape  must  or  rectified  concentrated  grape  must 
shall  not  have  the  effect  of  increasing  the  initial  volume  of  fresh  crushed 
grapes,  grape  must,  grape  must  in  fermentation  or  new  wine  still  in 
fermentation  by  more  than  11 %  in  wine-growing  zone  A,  8  %  in  wine-
growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix 
to Annex XIIa(II). 

5. 

The concentration of grape must or of wine subjected to the processes referred 
to in point 1: 

(a) 

(b) 

shall not have the effect of reducing the initial volume of these products 
by more than 20 %; 

shall, notwithstanding point (2)(c) of Section A, not increase the natural 
alcoholic strength of these products by more than 2 % volume. 

EN 

57 

   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) 

(b) 

(c) 

(d) 

(e) 

in wine-growing zone A referred to in the Appendix to Annex XIIa(II) to 
more than 11,5 % volume; 

in wine-growing zone B referred to in the Appendix to Annex XIIa(II) to 
more than 12 % volume; 

in wine-growing zone C I referred to in the Appendix to Annex XIIa(II) 
to more than 12,5 % volume; 

in wine-growing zone C II referred to in the Appendix to Annex XIIa(II) 
to more than 13 % volume; and  

in wine-growing zone C III referred to in the Appendix to Annex XIIa(II) 
to more than 13,5 % volume. 

7. 

By way of derogation from point 6, Member States may: 

(a) 

in relation to red wine, raise the upper limit of total alcoholic strength of 
the products referred to in point 6 to 12 % volume in wine-growing zone 
A and 12,5 % volume in winegrowing zone B referred to in the Appendix 
to Annex XIIa(II); 

(b) 

raise the total alcoholic strength by volume of the products referred to in 
point 6 for the production of wines with a designation of origin to a level 
to be determined by Member States. 

C. 

Acidification and de-acidification 

1. 

Fresh  grapes,  grape  must,  grape  must  in  fermentation,  new  wine  still  in 
fermentation and wine may be subject to: 

(a) 

(b) 

de-acidification  in  wine-growing  zones  A,  B  and  C  I  referred  to  in  the 
Appendix to Annex XIIa(II); 

acidification and de-acidification in wine-growing 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 zone C III (b) referred to in the Appendix 
to Annex XIIa(II). 

2.  Acidification  of  the  products,  other  than  wine,  referred  to  in  point  1  may  be 
carried  out  only  up  to  a  limit  of  1,50  g/l  expressed  as  tartaric  acid,  or  20 
milliequivalents per litre. 

3.  Acidification  of  wines  may  be  carried  out  only  up  to  a  limit  of  2,50  g/l 

expressed as tartaric acid, or 33,3 milliequivalents per litre. 

EN 

58 

   EN 

 
4.  De-acidification  of  wines  may  be  carried  out  only  up  to  a  limit  of  1  g/l 

expressed as tartaric acid, or 13,3 milliequivalents per litre. 

5.  Grape must intended for concentration may be partially de-acidified. 

6.  Notwithstanding  point  1,  in  years  when  climatic  conditions  have  been 
exceptional,  Member  States  may  authorise  acidification  of  the  products 
referred  to  in  point  1  in  wine-growing  zones  A  and  B,  referred  to  in  the 
Appendix to Annex XIIa(II), under the conditions referred to in points 2 and 3 
of this Section. 

7.  Acidification  and  enrichment,  except  by  way  of  derogation  to  be  adopted  by 
the  Commission  by  means  of  delegated  acts  pursuant  to  Article  112e(1),  and 
acidification  and  de-acidification  of  one  and  the  same  product  shall  be 
mutually exclusive processes. 

D. 

Processes 

1.  None of the processes referred to in Sections B and C, with the exception of the 
acidification  and  de-acidification  of  wines,  shall  be  authorised  unless  carried 
out,  under  conditions  to  be  determined  by  the  Commission  by  means  of 
delegated acts pursuant to Article 112e (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  other  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  zone  where  the  fresh  grapes  used  were 
harvested. 

2. 

The  concentration  of  wines  shall  take  place  in  the  wine-growing  zone  where 
the fresh grapes used were harvested. 

3.  Acidification  and  de-acidification  of  wines  shall  take  place  only  in  the  wine 
making  undertaking  and  in  the  wine-growing  zone  where  the  grapes  used  to 
produce the wine in question were harvested. 

4. 

5. 

6. 

Each  of  the  processes  referred  to  in  points  1,  2  and  3  shall  be  notified  to  the 
competent  authorities.  The  same  shall  apply  in  respect  of  the  quantities  of 
concentrated  grape  must  rectified  concentrated  grape  must  or  sucrose  held  in 
the exercise of their profession by natural or legal persons or groups of persons, 
in particular producers, bottlers, processors and merchants to be determined by 
the Commission by means of delegated acts pursuant to Article 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  notification  of  these  quantities  may, 
however, be replaced by entry in a goods inwards and stock utilisation register. 

Each of the processes referred to in Sections 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 processes are put into circulation. 

Those  processes,  subject  to  derogations  justified  by  exceptional  climatic 
conditions, shall not be carried out: 

EN 

59 

   EN 

 
(a) 

(b) 

in  wine-growing  zone  C  referred  to  in  the  Appendix  to  Annex  XIIa(II) 
after 1 January; 

in  wine-growing  zones  A  and  B  referred  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 wines may be practised throughout the year. 

Part II 

RESTRICTIONS 

A. 

General 

1.  All authorised oenological practices shall exclude the addition of water, except 

where required on account of a specific technical necessity. 

2.  All  authorised  oenological  practices  shall  exclude  the  addition  of  alcohol, 
except  for  practices  related  to  obtaining  fresh  grape  must  with  fermentation 
arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified 
for distillation and semi-sparkling wine. 

3.  Wine fortified for distillation shall only be used for distillation. 

B. 

Fresh grapes, grape must and grape juice 

1. 

Fresh grape must in which fermentation is arrested by the addition of alcohol 
shall be used only during the stage of preparation of products which do not fall 
under  CN  codes  2204  10,  2204  21  and  2204  29.  This  is  without  prejudice  to 
any  stricter  provisions  which  Member  States  may  apply  to  the  preparation  in 
their territory of products which do not fall 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,  Ireland  and  Poland,  of  products  falling 
within  CN  code  2206  00  for  which  Member  States  may  allow  the  use  of  a 
composite name, including the sales designation ‘wine’. 

4.  Grape must in fermentation extracted from raisined grapes shall be put on the 
market  only  for  the  manufacture  of  liqueur  wines  only  in  the  wine-growing 
regions  where  this  usage  was  traditional  on  1  January  1985,  and  for  the 
manufacture of wine of overripe grapes. 

5.  Unless otherwise decided in accordance with Article 43(2) TFEU pursuant to 
the international obligations of the Union, fresh grapes, grape must, grape must 
in  fermentation,  concentrated  grape  must,  rectified  concentrated  grape  must, 

EN 

60 

   EN 

 
grape must with fermentation arrested by the addition of alcohol, grape juice, 
concentrated grape juice and wine, or mixtures of those products, originating in 
third  countries,  may  not  be  turned  into  products  referred  to  in  this  Annex  or 
added to such products in the territory of the Union. 

C. 

Blending of wines 

Unless  otherwise  decided  in  accordance  with  Article  43(2)  TFEU  pursuant  to  the 
international  obligations  of  the  Union,  coupage  of  a  wine  originating  in  a  third 
country with a Union wine and coupage between wines originating in third countries 
shall be prohibited in the Union. 

D. 

By-products 

1. 

2. 

3. 

4. 

The  over-pressing  of  grapes  shall  be  prohibited.  Member  States  shall  decide, 
taking  account  of  local  and  technical  conditions,  the  minimum  quantity  of 
alcohol  that  shall  be  contained  in  the  marc  and  the  lees  after  the  pressing  of 
grapes. 

The  quantity  of  alcohol  contained  in  those  by-products  shall  be  decided  by 
Member  States  at  a  level  at  least  equal  to  5  %  in  relation  to  the  volume  of 
alcohol contained in the wine produced. 

Except  for  alcohol,  spirits  and  piquette,  wine  or  any  other  beverage  intended 
for  direct  human  consumption  shall  not  be  produced  from  wine  lees  or  grape 
marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall 
be allowed under conditions to be determined by the Commission by means of 
delegated  acts  pursuant  to  Article  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. 

The pressing of wine lees and the re-fermentation of grape marc for purposes 
other than distillation or production of piquette is prohibited. The filtering and 
centrifuging  of  wine  lees  shall  not  be  considered  as  pressing  where  the 
products obtained are of sound, genuine and merchantable quality. 

Piquette,  where  its  production  is  authorised  by  the  Member  State  concerned, 
shall  be  used  only  for  distillation  or  for  consumption  in  wine-producers’ 
households. 

5.  Without  prejudice  to  the  possibility  for  Member  States  to  decide  to  require 
disposal of by-products by way of distillation, any natural or legal persons or 
groups  of  persons  who  hold  by-products  shall  be  required  to  dispose  of  them 
subject  to  conditions  to  be  determined  by  the  Commission  by  means  of 
delegated acts pursuant to Article 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 

61 

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" 

EN 

62 

   EN