Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
Date: 2010-12-21
Institutions: European Commission
Subjects: agricultural product, common organisation of markets, competition law, farming sector, simplification of legislation, single market, trading operation

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EUROPEAN COMMISSION 

Brussels, 21.12.2010 
COM(2010) 799 final 

2010/0385 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a common organisation of agricultural markets and on specific provisions 
for certain agricultural products (Single CMO Regulation) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The purpose of the proposal is to align Council Regulation (EC) No 1234/20071 on 
the Single Common Market Organisation with the differentiation between delegated 
and implementing powers of the Commission introduced by Articles 290 and 291 of 
the Treaty on the Functioning of the European Union (TFEU). 

In  addition,  this  proposal  includes  for  the  sake  of  completeness  the  proposals  for 
modifications  of  Council  Regulation  (EC)  No  1234/2007  already  separately 
submitted  by  the  Commission  to  the  European  Parliament  and  the  Council,  thus 
improving  the  comprehensibility  and  accessibility  of  the  single  Common  Market 
Organisation for all stakeholders. 

•  General context 

Delegated and implementing powers 

Articles 290 and 291 TFEU establish a clear distinction between on the one hand the 
powers delegated to the Commission to adopt non-legislative acts and, on the other, 
the powers conferred on the Commission to adopt implementing acts: 

–  Article 290 TFEU allows the legislator to delegate to the Commission the power 
to adopt non-legislative acts of general application to supplement or amend certain 
non-essential elements of a legislative act. Legal acts adopted by the Commission 
in  this  way  are  referred  to  in  the  terminology  used  by  the  Treaty  as  "delegated 
acts" (Article 290(3)). 

–  Article 291 TFEU requires Member States to adopt all measures of national law 
necessary  to  implement  legally  binding  Union  acts.  Those  acts  can  confer 
implementing  powers  on  the  Commission  where  uniform  conditions  for 
implementing them are needed. Legal acts adopted by the Commission in this way 
are  referred  to  in  the  terminology  used  by  the  Treaty  as  "implementing  acts" 
(Article 291(4)). 

The proposed alignment of Regulation (EC) No 1234/2007 on the new requirements 
resulting from Articles 290 and 291 TFEU is based on a careful qualification of the 
existing  Commission  powers  under  Regulation  (EC)  No  1234/2007  as  "delegated" 
and "implementing" which was operated against the background of the implementing 
measures adopted by the Commission on the basis of its current powers.  

Following  this  exercise,  a  draft  proposal  for  revision  of  Regulation  (EC)  No 
1234/2007 has been prepared. This project provides the Legislator with the power to 
define the essentials of the common organisation of agricultural markets. The general 
guidelines  of  the  common  market  organisation  and  the  general  principles  that 

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OJ L 299, 16.11.2007, p. 1.  

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underlie  it  are  determined  by  the  Legislator.  For  example,  the  objectives  of  the 
market intervention measures, of the systems of production limitation and of the aid 
schemes are fixed by the Legislator. Similarly, the Legislator lays down the principle 
of establishing a system of import and export licences, the fundamental elements of 
the  rules  concerning  marketing  and  production  and  the  principle  of  application  of 
sanctions,  reductions  and  exclusions.  The  Legislator  also  provides  the  existence  of 
specific provisions for individual sectors. 

Pursuant  to  Article  290  TFEU,  the  Legislator  gives  the  Commission  the  power  to 
complete  or  modify  certain  non-essential  elements  of  its  scheme.  A  Commission 
delegated  act  may  therefore  determine  the  additional  elements  necessary  for  the 
proper functioning of the common market organisation established by the Legislator. 
For  example,  the  Commission  shall  adopt  delegated  acts  in  order  to  lay  down  the 
conditions for operators for taking part in a scheme, the obligations deriving from the 
issue of a licence and, if necessary depending on the economic situation, whether it 
requires  a  guarantee  for  issue  of  licences.  Similarly,  the  Legislator  delegates  to  the 
Commission the power to adopt measures to establish eligibility criteria for products 
as  regards  market  intervention.  In  addition,  the  Commission  may  adopt  delegated 
acts regarding definitions.  

Member  States  in  accordance  with  Article  291  TFEU  are  responsible  for 
implementing  the  regime  established  by  the  Legislator.  However,  it  is  necessary  to 
ensure uniform implementation of the scheme in the Member States. Therefore, the 
Legislator  gives  the  Commission  powers  of  implementation,  in  accordance  with 
Article  291,  paragraph  2  TFEU,  as  regards  the  uniform  conditions  for  the 
implementation  of  the  common  market  organisation  and  a  general  framework  of 
checks that Member states shall implement. 

Council powers under Article 43(3) TFEU 

Article  43(3)  TFEU  stipulates  that  "The  Council,  on  a  proposal  from  the 
Commission,  shall  adopt  measures  on  fixing  prices,  levies,  aids  and  quantitative 
limitations (…)". This provision forms an exception from Article 43(2) TFEU which 
requires  the  ordinary  legislative  procedure  to  be  used  "to  establish  the  common 
organisation  of  agricultural  markets  …  and  the  other  provisions  necessary  for  the 
pursuit of the objectives of the common agricultural policy". This set-up reflects the 
general  trend  in  the  Lisbon  Treaty  which  has  turned  the  ordinary  legislative 
procedure into the standard procedure for the adoption of EU legislative acts.  

As an exception Article 43(3) TFEU needs therefore to be interpreted restrictively so 
as to ensure that the Legislator can exercise its legislative prerogatives under Article 
43(2) TFEU. This includes the Legislator regulating the fundamental elements of the 
common agricultural policy and taking the political decisions that shape its structure, 
instruments and effects. Against this background the specific procedure laid down in 
Art. 43(3) TFEU should only be applied where an issue referred to in that provision 
does  not  form  part  of  the  fundamental  policy  decisions  reserved  to  the  Legislator 
under Article 43(2) TFEU. Therefore, where such an issue is inextricably linked with 
the  political  substance  of  the  decisions  to  be  taken  by  the  Legislator,  Article  43(3) 
TFEU should not be applied.  

Consequently, the proposal is based on the following principles: 

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– 

– 

the  structural  parameters  and  fundamental  elements  of  the  CAP  may  only  be 
decided by the Legislator (European Parliament and Council). For example, the 
public  intervention  (including  framework  for  the  determination  by  the 
Commission  of  certain  intervention  prices  by  means  of  the  tendering 
procedure)  and  milk  and  sugar  quota  schemes  established  by  Regulation 
1234/2007  should  stay  at  the  Legislator's  level,  as  these  elements  are 
inextricably linked to the definition of the content of the scheme established by 
the Legislator and the boundaries of this regime.  

measures  on  fixing  prices, levies,  aids and  quantitative limitations as  referred 
to in Article 43(3) which do not fall in the scope of Article 43(2) TFEU shall 
be  taken  by  the  Council.  The  Commission  will  submit  a  proposal  for  a 
Regulation based on Article 43(3) TFEU as regards the provisions in Article 21 
on the conditions for mandatory aid for private storage of butter, in Article 99 
on the production refund in the sugar sector, in Articles 101 and 102 on aids in 
the  milk  and  milk  products  sector,  in  Article  108  on  the  supply  of  milk 
products to pupils, in Article 155 on aids in the silkworm sector, in Article 273 
on export refunds and in Article 281 on live plants minimum export prices. The 
proposed  Regulations  will,  in  respect  of  these  provisions,  foresee  that  the 
conditions  for  fixing  of  aid  amounts,  export  refunds  and  minimum  export 
prices should be determined by the Council under Article 43(3) TFEU and that 
amounts  of  such  aids,  refunds  and  price  levels  should  be  fixed  by  the 
Commission by means of implementing acts.  

Article  43(3)  TFEU  is  an  autonomous  basis  for  the  adoption  of  legal  acts  by  the 
Council. However, in the interest of clarity (à titre déclaratoire), where Article 43(3) 
TFEU is applicable the proposal explicitly refers to that clause in each of the single 
CMO provisions concerned. The Commission will submit the proposals that need to 
be made with regard to Article 43(3) TFEU in due course to the Council.  

•  Existing provisions in the area of the proposal 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union 
(TFEU). 

•  Consistency with the other policies and objectives of the Union 

Not applicable.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

•  Consultation of interested parties 

•  Collection and use of expertise 

There  was  no  need  for  consultation  of  interested  parties  or  for  external  expertise 
since  the  proposal  to  align  Council  Regulation  (EC)  No  1234/2007  to  the  Lisbon 
Treaty is an inter-institutional matter that will concern all Council Regulations.  

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•  Impact assessment 

No  need  for  an  impact  assessment  since  the  proposal  to  align  Council  Regulation 
(EC)  No  1234/2007  to  the  Lisbon  Treaty  is  an  inter-institutional  matter  that  will 
concern all Council Regulations.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify  the  delegated  and  implementing  powers  of  the  Commission  in  Council 
Regulation  (EC)  No  1234/2007  and  establish  the  corresponding  procedure  for 
adoption of these acts.  

The content of the following proposals is integrated into this proposal: 

(i)  European Parliament legislative resolution of 23 November on the proposal for 
a Regulation of the European Parliament and of the Council amending Council 
Regulation  (EC)  No  1234/2007  (Single  CMO  Regulation)  as  regards  the  aid 
granted in the framework of the German Alcohol Monopoly (COM(2010)336 
final); 

(ii)  Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council 
amending Council Regulations (EC) No 1290/2005 and (EC) No 1234/2007, as 
regards distribution of food products to the most deprived persons in the Union 
(COM(2010) 486 final); 

(iii)  Proposal  to  amend  Council  Regulation  (EC)  No  1234/2007  as  regards 

marketing standards [agenda planning 2010/AGRI/010];  

(iv)  Proposal  to  amend  Council  Regulation  (EC)  No  1234/2007  as  regards 
contractual  relations  in  the  milk  and  milk  products  sector  [agenda  planning 
2010/AGRI/026].  

•  Legal basis 

Article 42, first subparagraph and Article 43(2) TFEU. 

•  Subsidiarity principle 

Agricultural policy is of shared competence between the EU and the Member States. 
This  means  that  as  long  as  the  EU  does  not  legislate  in  the  sector  Member  States 
maintain their competence. This proposal is limited to adapting the Single Common 
Market Organisation to new requirements introduced by the Lisbon Treaty. Thus the 
existing Union approach is not affected by this Proposal. 

•  Proportionality principle 

The proposal complies with the proportionality principle. 

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•  Choice of instruments 

Proposed instrument: Regulation of the European Parliament and of the Council. 

Other  means  would  not  be  adequate  for  the  following  reason:  direct  application  is 
due  to  the  nature  of  the  CAP  and  its  management  requirements  an  indispensable 
characteristic of CAP legislation. 

4. 

BUDGETARY IMPLICATIONS 

This measure does not involve any additional Union expenditure.  

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  will  improve  the  comprehensibility  and  accessibility  of  the  Single 
Common Market Organisation as Council Regulation (EC) No 1234/2007 has been 
substantially amended. 

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2010/0385 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a common organisation of agricultural markets and on specific provisions 
for certain agricultural products (Single CMO Regulation) 

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 the 
first subparagraph of Article 42 and Article 43(2) thereof, 

Having regard to the proposal from the European Commission2, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the opinion of the European Economic and Social Committee3, 

Acting in accordance with the ordinary legislative procedure4, 

Whereas: 

(1) 

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)5  has  been  amended  several  times.  Further 
amendments are needed as a consequence of the entry into force of the Lisbon Treaty, 
in  order  to  align  the  powers  conferred  on  the  European  Parliament  and  the  Council, 
and  in  particular  those  conferred  on  the  Commission  to  Articles  290  and  291  of  the 
Treaty on the Functioning of the European Union (the Treaty). In view of the scope of 
those  amendments,  it  is  appropriate  to  repeal  Regulation  (EC)  No  1234/2007  and  to 
replace  it  with  a  new  Single  CMO  Regulation.  In  the  interest  of  technical 
simplification, it is appropriate to incorporate Council Regulation (EEC) No 922/72 of 
2 May 1972 laying down general rules for granting aid in respect of silkworms for the 
1972/73  rearing  year6  in  this  Regulation.  Regulation  (EEC)  No  922/72  should 
therefore be repealed as well.  

(2) 

By  virtue  of  Article  43(3)  of  the  Treaty,  the  Council  shall  adopt  measures  on  fixing 
prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 
43(3)  of  the  Treaty  applies,  this  Regulation  should  explicitly  refer  to  the  fact  that 
measures will be adopted by the Council on that basis.  

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OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 299, 16.11.2007, p. 1. 
OJ 106, 5.5.1972, p. 1. 

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(3) 

(4) 

(5) 

(6) 

(7) 

This Regulation should contain all the basic elements of the Single CMO. The fixing 
of prices, levies, aid and quantitative limitations is in certain cases inextricably linked 
to those basic elements. 

The  Commission  should  have  the  power  to  adopt  delegated  acts  in  accordance  with 
Article  290  of  the  Treaty  in  order  to  supplement  or  amend  certain  non-essential 
elements  of  this  Regulation.  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. 

The use of an urgency procedure should be reserved for exceptional cases where this 
proves  to  be  necessary  in  order  to  react  efficiently  and  effectively  against  threats  of 
market  disturbance  or  where  market  disturbances  are  occurring.  The  choice  of  an 
urgency  procedure  should  be  justified  and  the  cases  in  which  the  urgency  procedure 
should be used should be specified. 

Pursuant  to  Article  291  of  the  Treaty  Member  States  should  be  responsible  for 
implementing  the  common  organisation  of  agricultural  markets  (hereinafter  CMO) 
established in this Regulation. In order to ensure that the CMO is implemented in the 
Member States in a uniform manner and to avoid unfair competition or discrimination 
between  operators,  the  Commission  should  be  able  to  adopt  implementing  acts  in 
accordance  with  Article  291(2)  of  the  Treaty.  The  Commission  should,  therefore,  be 
granted implementing powers under that provision, in particular as regards the uniform 
conditions  under  which  market  intervention  measures  apply,  the  uniform  conditions 
for  implementing  aid  schemes and  for  applying  rules  concerning  marketing  and 
production,  and  rules  related  to  trade  with  Third  countries.  The  Commission  should 
also define the minimum characteristics for checks which Member States must apply.  

In addition, in order to ensure the efficiency of the schemes established by the Single 
CMO, the Commission should be given the necessary powers for market management 
measures  and  daily  management  tasks.  In  order  to  ensure  the  smooth  functioning  of 
the Single CMO, powers should also be conferred on the Commission for regulating 
certain  issues  of  a  rather  technical  character  and  for  adopting  rules  on  notifications, 
information  and  reporting,  procedures  and  technical  criteria  related  to  products  and 
operators  eligible  for  market  support.  Additionally,  in  order  to  ensure  the  proper 
working of the CMO, the Commission should also determine, in particular, dates, time 
limits,  operative  events  for  exchange  rates,  representative  periods  and  interest  rates 
and, as regards aid schemes, the Commission should be empowered, in particular, with 
the  legal  basis  to  fix  aid  and  to  adopt  rules  on  the  management,  monitoring  and 
evaluation of programmes, the publicising of the benefit of aids paid and rules related 
to  the  implementation  of  plans  for  social  schemes.  The  Commission  should  be 
empowered to define procedures related to the payment of aid and advances of aid.  

(8) 

Furthermore,  in  order  to  achieve  the  aims  of  the  Single  CMO  and  to  respect  its 
principles,  the  Commission  should  be  entrusted  with  the  power  to  adopt  rules, 
including  on  the  management  of  schemes  aimed  at  limiting  the  production  of  milk, 
sugar  and  wine,  inspections  and  checks  and  should  also  have  the  power  to  fix  the 
amount of securities, to determine the rules and procedures regarding the recovery of 
undue payments and to adopt the rules on contracts related to market support.  

(9) 

Further, in the wine sector, the Commission should also be entrusted with the power to 
ensure that applications for designations of origin, geographical indications, as well as 

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traditional terms, satisfy the conditions laid down by this Regulation to ensure uniform 
application across the Union. As regards presentation and labelling of the products of 
the  wine  sector,  the  Commission  should  be  given  the  competence  to  adopt  all 
necessary rules related to procedures, notifications and technical criteria.  

(10) 

In  order  to  ensure  the  achievement  of  the  objectives  of  the  legislative  framework 
established  by  this  Regulation,  the  Commission  should  also  have  permanent 
monitoring  powers  related  to  certain  activities  of  producer  organisations,  producer 
groups,  interbranch  organisations  and  operator  organisations.  Moreover,  in  order  to 
preserve  the  structure  defined  by  the  Single  CMO  and  its  essential  parameters,  the 
Commission  should  be  given  the  competence  to  adopt  all  necessary  rules  related  to 
exceptional market measures and exceptional management measures, intended to solve 
urgent and unforeseen problems occurring in one or more Member States. 

(11)  Save  where  explicitly  provided  otherwise,  the  Commission  should  adopt  those 
implementing  acts  in  accordance  with  the  provisions  of  Regulation  (EU)  No 
XX/XXXX of the European Parliament and the Council on [title of Regulation]. 

(12) 

In  respect  of  certain  measures  under  this  Regulation  which  require  swift  action  or 
which  consist  in  the  mere  application  of  general  provisions  to  specific  situations 
without  involving  discretion,  the  Commission  should  be  empowered  to  adopt 
implementing acts without the assistance of the Committee. 

(13)  The Commission should further  be empowered to carry out certain  administrative or 
management tasks which do not entail the adoption of delegated or implementing acts. 

(14)  Replacement  by  a  new  Single  CMO  Regulation  should  not  lead  to  calling  into 
question  the  policy  decisions  that  have  been  taken  over  the  years  in  the  common 
agricultural  policy  (hereinafter  CAP).  The  purpose  of  this  Regulation  should, 
therefore,  essentially  be  the  alignment  to  the  Treaty  of  the  powers  conferred  on  the 
Commission. It  should not,  therefore, repeal or change existing  provisions  for  which 
existing justification remains valid, unless those provisions have become obsolete, nor 
should it provide for new rules or measures. The exceptions to this approach concern 
the  distribution  of  food  products  to  the  most  deprived  persons  in  the  Union,  and  aid 
granted in the framework of the German alcohol monopoly. Provisions on marketing 
standards reflect proposals made in the context of a comprehensive review of quality 
policy. 

(15)  Marketing years should be fixed for cereals, rice, sugar, dried fodder, seeds, olive oil 
and table olives, flax and hemp, fruit and vegetables, bananas, milk and milk products, 
and  silkworms,  mainly  adapted  to  the  biological  production  cycles  of  each  of  those 
products. 

(16) 

In  order  to  stabilise  the  markets  and  to  ensure  a  fair  standard  of  living  for  the 
agricultural  community,  a  differentiated  system  of  price  support  for  the  different 
sectors has been developed, in parallel to the introduction of direct support schemes, 
taking account of the different needs in each of these sectors on the one hand and the 
interdependence between different sectors on the other. Those measures take the form 
of public intervention or, as the case may be, the payment of aid for the private storage 
of  products  of  the  cereals,  rice,  sugar,  olive  oil  and  table  olives,  beef  and  veal,  milk 
and milk products, pigmeat and sheepmeat and goatmeat sectors. Given the objectives 

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of  the  subsequent  amendments  to  Regulation  (EC)  No  1234/2007,  in  particular  by 
Council  Regulation  (EC)  No  72/2009  of  19  January  2009  on  modifications  to  the 
Common  Agricultural  Policy  by  amending  Regulations  (EC)  No  247/2006,  (EC)  No 
320/2006,  (EC)  No  1405/2006,  (EC)  No  1234/2007,  (EC)  No  3/2008  and  (EC)  No 
479/2008  and  repealing  Regulations  (EEC)  No  1883/78,  (EEC)  No  1254/89,  (EEC) 
No  2247/89,  (EEC)  No  2055/93,  (EC)  No  1868/94,  (EC)  No  2596/97,  (EC)  No 
1182/2005  and  (EC)  No  315/20077,  and  on  the  basis  of  the  justification  presented 
therein, there is, therefore, a need to maintain price support measures where they are 
foreseen  in  the  instruments  as  they  were  developed  in  the  past,  without  making  any 
substantial changes as compared to the previous legal situation. 

(17)  For  the  sake  of  clarity  and  transparency,  the  provisions  governing  those  measures 
should be made subject to a common structure, whilst maintaining the policy pursued 
in  each  sector.  For  that  purpose  it  is  appropriate  to  distinguish  between  reference 
prices and intervention prices. 

(18)  The CMOs for cereals, beef and veal, and milk and milk products contained provisions 
according to which the Council, acting in accordance with the procedure laid down in 
Article  37(2)  of  the  Treaty  establishing  the  European  Community,  had  the  power  to 
change the price levels. Given the sensitivity of the price systems it should be  made 
clear that the possibility under Article 43(2) of the Treaty to change price levels exists 
with regard to all sectors covered by this Regulation. 

(19)  Reference prices should be fixed for standard qualities of white sugar and raw sugar. 
Such standard qualities should be average qualities representative of sugar produced in 
the Union and defined on the basis of criteria used by the sugar trade. It should also be 
possible to review the standard qualities to take account, in particular, of commercial 
requirements and developments in technical analysis. 

(20)  To  ensure  reliable  information  on  Union  market  prices  for  sugar,  a  price  reporting 
system should be provided for by this Regulation, on the basis of which market price 
levels for white sugar should be determined. 

(21)  On  the  basis  of  the  amendments  introduced  by  Regulation  (EC)  No  72/2009  the 
system  of  intervention  for  cereals,  rice,  butter,  and  skimmed  milk  powder  is  opened 
during certain periods of the year. In respect of the beef and veal sector the opening 
and closing of public intervention should be dependent on market price levels during a 
certain period.  

(22)  The  price  level  at  which  buying-in  under  public  intervention  should  be  carried  out 
was, in the past, decreased in the CMOs for cereals, rice and beef and veal and fixed 
along with the introduction of direct support schemes in those sectors. Aid under those 
schemes  on  the  one  hand  and  intervention  prices  on  the  other  are,  therefore,  closely 
linked.  For  the  products  of  the  milk  and  milk  products  sector,  that  price  level  was 
fixed  in  order  to  promote  consumption  of  the  products  concerned  and  improve  their 
competitiveness. Those policy decisions still remain valid. 

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OJ L 30, 31.1.2009, p. 1. 

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(23)  This Regulation should provide for the possibility of disposal of products bought into 
public  intervention.  Such  measures  should  be  taken  in  a  way  that  avoids  market 
disturbances  and  that  ensures  equal  access  to  the  goods  and  equal  treatment  of 
purchasers. 

(24)  The objectives of the CAP as defined in Article 39(1) of the Treaty include stabilising 
the  markets  as  well  as  ensuring  that  supplies  reach  consumers  at  reasonable  prices. 
Over  the  years  the  food  distribution  scheme  has  successfully  underpinned  the 
fulfilment of both objectives. It should continue to guarantee the aims of the CAP and 
help  achieve  cohesion  objectives.  However,  successive  reforms  of  the  CAP  have 
resulted  in  a  progressive  reduction  in  intervention  stocks,  as  well  as  the  range  of 
products available. Consequently, market purchases should also be made a permanent 
source of supply for the scheme. 

(25) 

(26) 

In order to ensure sound budgetary management and to fully benefit from the cohesive 
dimension of the Union scheme, a fixed ceiling of Union aid should be provided for 
and  provision  should  be  made  for  Member  States  to  co-finance  the  food  distribution 
programme.  Furthermore,  experience  has  shown  that  a  longer  term  perspective  is 
required for the scheme. The Commission should therefore establish three-year-plans 
for the implementation of the scheme and Member States should prepare national food 
distribution  programmes  setting  out  their  objectives  and  priorities  for  the  scheme, 
including  nutritional  considerations.  In  addition,  Member  States  should  undertake 
adequate  administrative  and  physical  checks  and  provide  penalties  in  case  of 
irregularities in order to ensure that the three-year plan is implemented in accordance 
with the applicable rules. 

In order to ensure a transparent, coherent and efficient operation of the most deprived 
scheme the Commission should adopt the procedures for the adoption and revision of 
three-year  plans  and  should  proceed  to  the  adoption  of  those  plans  and,  where 
necessary, their revisions. The Commission should also adopt provisions on additional 
elements to be included in the three-year plans, rules for the supply of products as well 
as  procedures  and  time  limits  applicable  to  withdrawals  of  intervention  products, 
including  transfers  between  Member  States  and  rules  on  the  format  of  national  food 
distribution programmes and annual implementation reports. Furthermore, in order to 
ensure uniformity in the implementation of the three year plans by Member States, the 
Commission  should  adopt  the  procedures  for  the  reimbursement  of  costs  of  the 
charitable organisations that Member States chose to consider eligible including time 
limits  and  financial  ceilings,  the  conditions pertaining  to  the  invitation  to  tender  and 
the conditions applicable to food products and their supply. Moreover, rules should be 
adopted laying down the obligations of Member States concerning checks, procedures 
and  deadlines  for  payments,  reductions  for  their  non-respect  as  well  as  accounting 
provisions and the tasks to be fulfilled by national intervention bodies including in the 
case of transfers between Member States. 

(27) 

In  order  to  contribute  to  balancing  the  milk  market  and  to  stabilising  market  prices, 
this Regulation provides for the granting of aid for private storage in respect of certain 
butter products.  Moreover, the  Commission should be empowered to decide to grant 
aid for private storage for white sugar, certain kinds of olive oil and of certain beef and 
veal products, pigmeat, and sheepmeat and goatmeat. 

EN 

11 

   EN 

 
(28)  The Union scales for the classification of carcasses in the beef and veal, pigmeat and 
sheepmeat and goatmeat sectors are essential for the purposes of price recording and 
for  the  application  of  the  intervention  arrangements  in  those  sectors.  Moreover,  they 
pursue the objective of improving market transparency.  

(29)  Restrictions to free circulation resulting from the application of measures intended to 
combat the spread of animal diseases could cause difficulties on the market in certain 
products  in  one  or  more  Member  States.  Experience  shows  that  serious  market 
disturbances such as a significant drop in consumption or in prices may be attributed 
to a loss in consumer confidence due to public health or animal health risks. 

(30)  The exceptional market support measures for beef and veal, milk and milk products, 
pigmeat, sheepmeat and goatmeat, eggs and poultrymeat should be directly related to 
or  consequent  upon  health  and  veterinary  measures  adopted  in  order  to  combat  the 
spread  of  disease.  They  should  be  taken  at  the  request  of  Member  States  in  order  to 
avoid serious disruption on the markets concerned. 

(31)  The possibility for the Commission to adopt special intervention measures where this 
proves  to  be  necessary  in  order  to  react  efficiently  and  effectively  against  threats  of 
market disturbances in the cereals sector and in order to prevent large-scale application 
of public intervention in certain regions of the Union in the rice sector or to make up 
for paddy rice shortages following natural disasters should be provided for. 

(32)  A minimum price should be fixed for quota beet corresponding to a standard quality 
which  should  be  defined,  in  order  to  ensure  a  fair  standard  of  living  for  the  Union 
growers of sugar beet and sugar cane. 

(33)  Specific  instruments  are  needed  to  ensure  a  fair  balance  of  rights  and  obligations 
between  sugar  undertakings  and  sugar  beet  growers.  Therefore,  the  standard 
provisions governing the interprofessional agreements should be established. 

(34)  The  diversity  of  natural,  economic  and  technical  situations  makes  it  difficult  to 
provide for uniform purchase terms for sugar beet throughout the Union. Agreements 
within  the  trade  already  exist  between  associations  of  sugar  beet  growers  and  sugar 
undertakings.  Therefore,  framework  provisions  should  define  only  the  minimum 
guarantees  required  by  both  sugar  beet  growers  and  the  sugar  industry  to  ensure  a 
smooth  functioning  of  the  sugar  market  with  the  possibility  to  derogate  from  some 
rules in the context of an agreement within the trade. 

(35)  The production charge provided for in the sugar sector to contribute to the financing of 

the expenditure occurring should be provided for in this Regulation. 

(36)  To maintain the structural balance of the markets in sugar at a price level close to the 
reference price, the possibility to decide to withdraw sugar from the market for as long 
as it takes for the market to rebalance should be provided for. 

(37)  As  regards  live  plants,  beef  and  veal,  pigmeat,  sheepmeat  and  goatmeat,  eggs  and 
poultrymeat provision should be made for the possibility of adopting certain measures 
to  facilitate  the  adjustment  of  supply  to  market  requirements.  Such  measures  may 
contribute  to  stabilising  the  markets  and  to  ensuring  a  fair  standard  of  living  for  the 
agricultural community concerned.  

EN 

12 

   EN 

 
(38) 

In  the  sugar  sector  the  quantitative  limitation  of  production  has  been  an  essential 
market policy instrument. The reasons which in the past led the Community to adopt 
production quota systems in the sugar sector remain valid. 

(39)  The sugar quota scheme under this Regulation should in particular maintain the legal 
status of the quotas in so far as, according to the case-law of the Court of Justice of the 
European  Union,  the  system  of  quotas  constitutes  a  mechanism  for  regulating  the 
market in the sugar sector aiming to ensure the attainment of public interest objectives. 

(40)  This  Regulation  should  provide  for  the  possibility  to  adjust  sugar  quotas  in  order  to 
reflect Member States´ decisions regarding the reallocation of national quotas. 

(41) 

(42) 

In the light of the need to allow for a certain amount of national flexibility in relation 
to the structural adjustment of the processing industry and of beet and cane growing 
during  the  period  in  which  the  quotas  are  to  be  applied,  the  possibility  for  Member 
States to be allowed to alter the quotas of undertakings within certain limits whilst not 
restricting the operation of the restructuring fund as an instrument should be provided 
for. 

In order to avoid that surplus sugar distorts the sugar market, the Commission should 
be  enabled,  according  to  certain  criteria,  to  provide  for  carrying  forward  the  surplus 
sugar,  isoglucose  or  inulin  syrup  to  be  treated  as  quota  production  of  the  following 
marketing year. Moreover, if, for certain quantities, the applicable conditions are not 
met,  provision  is  also  made  for  a  levy  on  the  surplus  in  order  to  avoid  the 
accumulation of those quantities threatening the market situation.  

(43)  The milk quota system should be maintained until its expiration in 2015, including the 
application  of  a  levy  to  quantities  of  milk  collected  or  sold  for  direct  consumption 
above a certain guarantee threshold.  

(44)  The distinction between deliveries and direct sales of milk should be maintained and 
the scheme should be applied on the basis of individual representative fat contents and 
a national reference fat content. Farmers should be authorised under certain conditions 
to  temporarily  transfer  their  individual  quota.  Moreover  the  principle  should  be 
maintained  that  when  a  farm  is  sold,  leased  or  transferred  by  inheritance,  the 
corresponding  quota  is  transferred  to  the  purchaser,  tenant  or  heir  together  with  the 
relevant  land,  while  the  exceptions  to  the  principle  that  quotas  are  tied  to  farms  in 
order  to  continue  the  restructuring  of  milk  production  and  improve  the  environment 
should  be  maintained.  In  line  with  the  various  types  of  transfer  of  quotas  and  using 
objective  criteria,  rules  authorising  Member  States  to  place  part  of  the  transferred 
quantities in the national reserve should be provided for. 

(45)  The surplus levy payable on milk and other milk products should be set at a dissuasive 
level and be payable by the Member States as soon as the national quota is exceeded. 
The  Member  State  should  then  divide  the  burden  of  payment  among  the  producers 
who  have  contributed  to  the  overrun.  Those  producers  should  be  liable  vis-à-vis  the 
Member State for payment of their contribution to the levy due by virtue of the fact of 
having  overrun  their  available  quantity.  Member  States  should  pay  to  the  European 
Agricultural  Guarantee  Fund  (EAGF)  the  levy  corresponding  to  the  overrun  of  their 
national quota, reduced by a flat-rate amount of 1 % in order to take account of cases 

EN 

13 

   EN 

 
of bankruptcy or the definitive inability of certain producers to make their contribution 
to the payment of the levy due. 

(46)  The main purpose of the milk quota system of reducing the imbalance between supply 
and  demand  on  the  respective  market  and  the  resulting  structural  surpluses,  thereby 
achieving a better market equilibrium, appeared to reduce market orientation because 
it  distorted  farmers'  response  to  price  signals  and  prevented  efficiency  gains  in  the 
sector  by  slowing  down  restructuring.  The  phasing-out  of  dairy  quotas  by  annual 
increases of 1 % has been provided per marketing year from 2009/2010 to 2013/2014. 
In  the  context  of  the  restructuring  of  the  sector,  Member  States  should  be  permitted 
until 31 March 2014 to grant an additional national aid within certain limits. The quota 
increases  incorporated  in  Regulation  (EC)  No  1234/2007,  as  amended  by  Council 
Regulation  (EC)  No  248/20088,  and  the  1  %  annual  increase,  along  with  the  other 
changes which reduce the likelihood of the surplus levy being incurred mean that only 
Italy  would  be  at  risk  of  the  levy  being  incurred  on  the  basis  of  current  production 
patterns  if  annual  increases  of  1  %  were  applied  from  the  2009/2010  period  until 
2013/2014.  Therefore,  taking  into  account  the  current  production  patterns  in  all 
Member States, the increase in quota has been frontloaded for Italy in order to avoid 
this risk.  

(47)  Regulation  (EC)  No  1234/2007  provides  for  different  kinds  of  aid  schemes.  The 
scheme for dried fodder and for flax and hemp provided for processing aids for these 
sectors as a means to govern the internal market in respect of the sectors concerned. 
As a result of the amendments made by Regulation (EC) No 72/2009 and pursuant to 
Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules 
for  direct  support  schemes  for  farmers  under  the  common  agricultural  policy  and 
establishing  certain  support  schemes  for  farmers,  amending  Regulations  (EC)  No 
1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 
1782/20039, aid will continue to be provided for dried fodder until 1 April 2012, and 
long  flax  fibre,  short  flax  fibre  and  hemp  fibre  until  the  marketing  year  2011/2012. 
The system of potato starch quotas provided for in Regulation (EC) No 1234/2007, as 
amended by Regulation (EC) No 72/2009, and the related minimum price applies only 
to the end of the 2011/12 marketing year. 

(48)  To contribute to balancing the milk market and to stabilise the market prices for milk 
and milk products, measures are needed to increase the possibility of disposing of milk 
products.  This  Regulation  should  provide  for  the  grant  of  aids  for  the  marketing  of 
certain  milk  products  with  a  view  to  specific  uses  and  destinations.  Moreover,  it 
should provide that, in order to stimulate  the  consumption  of  milk  by  young  people, 
the Union should defray a part of the expenditure occasioned by granting aid for the 
supply of milk to pupils in schools.  

(49)  The possibility should be provided for of the granting of a production refund in cases 
where,  with  regard  to  the  manufacturing  of  certain  industrial,  chemical  or 
pharmaceutical products, the need arises to take measures aimed at making available 
certain sugar products.  

8 
9 

OJ L 76, 19.3.2008, p. 6. 
OJ L 30, 31.1.2009, p. 16. 

EN 

14 

   EN 

 
                                                 
(50) 

In  accordance  with  Regulation  (EC)  No  73/2009,  the  hops  area  payment  was 
decoupled  from  1  January  2010.  In  order  to  allow  the  hop  producer  organisations  to 
continue their activities as before, a specific provision should be made for equivalent 
amounts to be used in the Member State concerned for the same activities. 

(51)  Union  financing,  consisting  of  the  percentage  of  direct  aid  that  Member  States  are 
allowed  to  withhold  in  accordance  with  Regulation  (EC)  No  73/2009,  is  required  to 
encourage  approved  operator  organisations  to  draw  up  work  programmes  for  the 
purpose  of  improving  the  production  quality  of  olive  oil  and  table  olives.  In  that 
context,  this  Regulation  should  provide  for  Union  support  to  be  allocated  in 
accordance  with  the  priorities  given  to  the  activities  undertaken  within  the  work 
programmes in question.  

(52)  This  Regulation  distinguishes  between  on  the  one  hand  fruit  and  vegetables,  which 
includes  fruit  and  vegetables  for  marketing  and  fruit  and  vegetables  intended  for 
processing,  and  on  the  other  hand  processed  fruit  and  vegetables.  Rules  on  producer 
organisations,  operational  programmes  and  Union  financial  assistance  only  apply  to 
fruit and vegetables and fruit and vegetables solely intended for processing. 

(53)  Producer organisations are the basic actors in the fruit and vegetables regime. In the 
face  of  ever  greater  concentration  of  demand,  the  grouping  of  supply  through  these 
organisations continues to be an economic necessity in order to strengthen the position 
of producers in the market. Such grouping should be effected on a voluntary basis and 
prove  its  utility  by  the  scope  and  efficiency  of  the  services  offered  by  producer 
organisations  to  their  members.  Since  producer  organisations  act  exclusively  in  the 
interests of their members, they should be deemed as acting in the name and on behalf 
of their members in economic matters. 

(54)  The  production  of  fruit  and  vegetables  is  unpredictable  and  the  products  are 
perishable.  Even  limited  surpluses  can  significantly  disturb  the  market.  Therefore, 
measures  for  crisis  management  should  be  put  in  place.  In  order  to  provide  for 
increased  attractiveness  of  producer  organisations,  those  measures  should  be 
integrated into operational programmes. 

(55)  The  production  and  marketing  of  fruit  and  vegetables  should  take  full  account  of 
environmental  concerns,  including  cultivation  practices,  the  management  of  waste 
materials  and  the  disposal  of  products  withdrawn  from  the  market,  in  particular  as 
regards the protection of water quality, the maintenance of biodiversity and the upkeep 
of the countryside. 

(56)  Producer groups in the fruit and vegetables sector in Member States which acceded to 
the European Union on 1 May 2004 or after that date, in certain outermost regions of 
the  Union  or  in  the  smaller  Aegean  Islands  and  wishing  to  acquire  the  status  of 
producer  organisations  in  accordance  with  this  Regulation  should  be  allowed  the 
benefit of a transitional period during which national and Union financial support can 
be given against certain commitments by the producer group. 

(57) 

In  order  to  give  producer  organisations  in  the  fruit  and  vegetables  sector  greater 
responsibility for their financial decisions in particular and to gear the public resources 
assigned to them towards future requirements, terms should be set for the use of these 
resources. Joint financing of operational funds set up by producer organisations is an 

EN 

15 

   EN 

 
(58) 

(59) 

(60) 

(61) 

(62) 

appropriate solution. Additional scope for financing should be permitted in particular 
cases. Operational funds should only be used to finance operational programmes in the 
fruit  and  vegetables  sector.  In  order  to  control  Union  expenditure,  there  should  be  a 
cap on assistance granted to producer organisations that establish operational funds. 

In  regions  where  the  organisation  of  production  in  the  fruit  and  vegetables  sector  is 
weak,  the  grant  of  additional,  national,  financial  contributions  should  be  allowed.  In 
the  case  of  Member  States  which  are  at  a  particular  disadvantage  with  regard  to 
structures, those contributions should be reimbursable by the Union. 

In order to simplify and reduce the cost of the scheme, the procedures and rules for the 
eligibility  of  expenditure  under  operational  funds  should,  where  possible,  be  aligned 
with those of rural development programmes by requiring Member States to establish 
a national strategy for operational programs. 

It is desirable to address the low consumption of fruit and vegetables amongst children 
by durably increasing the share of fruit and vegetables in the diets of children at the 
stage when their eating habits are being formed. Provision should therefore be made 
for  Union  aid  to  co-finance  the  supply  to  children  in  educational  establishments  of 
products  of  the  fruit  and  vegetables,  processed  fruit  and  vegetables,  and  bananas 
sector,  and  certain  related  costs  linked  to  logistics  and  distribution,  equipment, 
publicity,  monitoring  and  evaluation.  In  order  to  ensure  orderly  implementation 
Member States wishing to make use of the school fruit scheme should draw up a prior 
strategy, including amongst others the list of products eligible, selected on the basis of 
objective criteria including seasonality, availability, or environmental concerns.  

In order to ensure a sound budgetary management of the school fruit scheme, a fixed 
ceiling of Union aid and maximum co-financing rates should be provided for. Union 
aid should not be used to replace funding for any national existing school fruit scheme. 
In  the  light  of  budgetary  constraints,  Member  States  should  nonetheless  be  able  to 
replace their financial contribution to the school fruit scheme with contributions from 
the  private  sector.  In  order  to  make  their  scheme  effective,  Member  States  should 
provide  for  accompanying  measures  for  which  Member  States  should  be  allowed  to 
grant national aid. 

It is important to provide for support measures in the wine sector which are liable to 
strengthen  competitive  structures.  While  those  measures  should  be  financed  and 
defined by the Union, it should be left to Member States to select the appropriate set of 
measures  to  meet  the  needs  of  their  regional  bodies,  taking  their  particularities  into 
account,  where  necessary,  as  well  as  to  integrate  them  into  national  support 
programmes.  Member  States  should  be  responsible  for  the  implementation  of  such 
programmes. 

(63)  One  key  measure  eligible  for  national  support  programmes  should  be  the  promotion 
and  marketing  of  Union  wines  in  third  countries.  Restructuring  and  conversion 
activities should continue to be covered on account of their positive structural effects 
on the wine sector. Support should also be available for investments in the wine sector 
which are geared towards improving the economic performance of the enterprises as 
such.  Support  for  by-product  distillation  should  be  a  measure  available  to  Member 
States  which  desire  to  use  such  an  instrument  to  ensure  the  quality  of  wine,  while 
preserving the environment. 

EN 

16 

   EN 

 
(64)  Preventive instruments such as harvest insurance, mutual funds and green harvesting 
should be eligible for support under the wine support programmes so as to encourage a 
responsible approach to crisis situations. 

(65)  For  various  reasons  Member  States  may  prefer  granting  decoupled  aid  under  the 
Single  Payment  Scheme  to  farmers.  This  possibility  should  therefore  be  open  to 
Member States, and because of the particularities of the Single Payment Scheme any 
such  transfer  should  be  irreversible  and  reduce  correspondingly  the  budget  available 
for the national support programmes for wine in subsequent years. 

(66)  Support for the wine sector should also come from structural measures under Council 
Regulation  (EC)  No  1698/2005  of  20  September  2005  on  support  for  rural 
development by the European Agricultural Fund for Rural Development (EAFRD)10. 
In  order  to  increase  the  financial  means  available  under  Regulation  (EC)  No 
1698/2005, a gradual transfer of funds to the budget under that Regulation should be 
put into place where the relevant amounts are sufficiently important.  

(67) 

In order to improve the operation of the market for wines, Member States should be 
able  to  implement  decisions  taken  by  inter-branch  organisations.  The  scope  of  such 
decisions should, however, exclude practices which could distort competition. 

(68)  The  surplus  production  of  wine  in  the  Union  has  been  made  worse  as  a  result  of 
violations  of  the  transitional  prohibition  on  new  plantings.  A  significant  number  of 
unlawful  plantings  exist  in  the  Union,  which  constitutes  a  source  of  unfair 
competition, exacerbates the problems of the wine sector and must be dealt with. 

(69)  While the transitional prohibition on new plantings has had some effect on the balance 
between  supply  and  demand  in  the  wine  market,  it  has  at  the  same  time  created  an 
obstacle for competitive producers who wish to respond flexibly to increased demand. 
As a market balance has not yet been found, and as the accompanying measures such 
as  the  grubbing-up  scheme  need  time  to  take  effect,  it  is  expedient  to  keep  the 
prohibition  on  new  plantings  in  place  until  31  December  2015,  at  which  juncture, 
however,  it  should  be  definitely  lifted  in  order  to  permit  competitive  producers  to 
respond  freely  to  market  conditions.  However,  Member  States  should  be  given  the 
possibility to extend the prohibition for their territories until 31 December 2018 if they 
consider doing so necessary. 

(70) 

In  order  to  improve  the  management  of  wine-growing  potential  and  to  promote  the 
efficient use of planting rights and thus to further mitigate the effect of the transitional 
restriction  on  plantings,  some  flexibility  such  us  the  systems  of  national  or  regional 
reserves should continue to exist. 

(71)  The  proper  working  of  the  single  market  would  be  jeopardised  by  the  granting  of 
national  aids.  The  provisions  of  the  Treaty  governing  State  aids  should  in  principle 
apply to the products of the wine sector covered by the CMO for wine. However, the 
provisions  on  the  grubbing-up  premium  and  certain  measures  under  the  support 
programmes  should  not  by  themselves  preclude  the  granting  of  national  aid  for  the 
same purposes. 

10 

OJ L 277, 21.10.2005, p. 1. 

EN 

17 

   EN 

 
                                                 
(72)  To  make  provision  for  the  incorporation  of  the  wine  sector  into  the  Single  Payment 
Scheme,  all  actively  cultivated  wine-growing  areas  should  be  made  eligible  for  the 
Single Payment Scheme provided for in Regulation (EC) No 73/2009. 

(73)  Beekeeping,  being  a  sector  of  agriculture,  is  characterised  by  the  diversity  of 
production conditions and yields and the dispersion and variety of economic operators, 
both  at  the  production  and  marketing  stages.  Moreover,  in  view  of  the  spread  of 
varroasis in several Member States in recent years and the problems which that disease 
causes  for  honey  production,  action  by  the  Union  continues  to  be  necessary  as 
varroasis cannot be completely eradicated and is to be treated with approved products. 
Given  such  circumstances  and  in  order  to  improve  the  production  and  marketing  of 
apiculture products in the Union, national programmes should be drawn up every three 
years,  comprising  technical  assistance,  control  of  varroasis,  rationalisation  of 
transhumance,  management  of  the  restocking of hives in the Union,  and  cooperation 
on  research  programmes  on  beekeeping  and  apiculture  products  with  a  view  to 
improving  the  general  conditions  for  the  production  and  marketing  of  apiculture 
products. Those national programmes should be partly financed by the Union. 

(74)  Union aid for silkworm rearing should be granted per box of silkworm eggs used. 

(75)  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. 

(76)  Following  the  Communication  from  the  Commission  on  agricultural  product  quality 
policy11  and  subsequent  debates,  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.  

(77) 

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 safety12 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. 

(78)  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 

11 
12 

COM/2009/0234 final. 
OJ L 31, 1.2.2002, p. 1. 

EN 

18 

   EN 

 
                                                 
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. 

(79)  Regulation (EC) No 1234/2007 has maintained the sectoral approach provided by the 
previous CMOs on the marketing standards. It is appropriate to introduce provisions of 
a horizontal nature. 

(80)  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. 

(81)  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 and time limits.  

(82) 

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. 

(83)  When defining the marketing standards by sectors or products, the Commission should 
take into account the expectations of the consumers, the specificity of each sector and 
recommendations of international bodies. 

(84)  Moreover,  provision  should  be  made  for  the  adoption  of  special  measures,  when 
needed,  in  particular  relating  to  methods  of  analysis,  in  order  to  avoid  abuses  as 
regards the quality and authenticity of the products presented to consumers. 

(85) 

In order to guarantee compliance with the marketing standards,  checks and penalties 
should be provided for in case of non-compliance with the obligations in that respect. 
Member States should assume the responsibility of such checks. 

(86)  Marketing standards should, in principle, apply to all products marketed in the Union. 

(87) 

It is appropriate to provide for 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. 

(88)  As  regards  spreadable  fats  it  is  appropriate  to  introduce  the  possibility  for  Member 

States to maintain or adopt certain national rules on quality levels. 

(89)  Provisions concerning wine should be applied in the light of the agreements concluded 

under Article 218 of the Treaty. 

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(90) 

(91) 

It  is  appropriate  to  lay  down  rules  for  the  classification  of  wine  grape  varieties, 
according  to  which  Member  States  producing  more  than  50  000  hectolitres  per  year 
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. 

It  is  appropriate  to  determine  certain  oenological  practices  and  restrictions  for  the 
production  of  wine,  in  particular  as  regards  coupage  and  the  use  of  certain  types  of 
grape must, grape juice and fresh grapes originating in third countries. 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). 

(92)  For the wine sector, Member States should be allowed to limit or to exclude the use of 
certain  oenological  practices  and  be  allowed  to  keep  more  stringent  restrictions  for 
wines  produced  in  their  territory,  as  well  as  experimental  use  of  unauthorised 
oenological practices under conditions to be defined. 

(93)  The  concept  of  quality  wines  in  the  Union  is  based,  inter  alia,  on  the  specific 
characteristics attributable to the wine's geographical origin. Such wines are identified 
for  consumers  via  protected  designations  of  origin  and  geographical  indications.  In 
order to allow for a transparent and more elaborate framework underpinning the claim 
to  quality  by  the  products  concerned,  a  regime  should  be  established  under  which 
applications  for  a  designation  of  origin  or  a  geographical  indication  are  examined  in 
line with the approach followed under the Union's horizontal quality policy applicable 
to foodstuffs other than wine and spirits in Council Regulation (EC) No 510/2006 of 
20  March  2006  on  the  protection  of  geographical  indications  and  designations  of 
origin for agricultural products and foodstuffs13. 

(94) 

In order to preserve the particular quality characteristics of wines with a designation of 
origin or a geographical indication, Member States should be allowed to apply more 
stringent rules in that respect.  

(95)  To  qualify  for  protection  in  the  Union,  designations  of  origin  and  geographical 
indications for wine should be recognised and registered at Union level. To ensure that 
the  respective  names  meet  the  conditions  laid  down  by  this  Regulation,  applications 
should be examined by the national authorities of the Member State concerned, subject 
to  compliance  with  minimum  common  provisions,  including  a  national  objection 
procedure. The Commission should subsequently scrutinise applications to ensure that 
there are no manifest errors and the Union law and the interest of stakeholders outside 
the Member State of application are taken into account. 

(96)  Protection  should  be  open  to  designations  of  origin  and  geographical  indications  of 

third countries where they are protected in their country of origin. 

(97)  The  registration  procedure  should  enable  any  natural  or  legal  person  having  a 
legitimate  interest  in  a  Member  State  or  a  third  country  to  exercise  his  rights  by 
notifying his objections. 

13 

OJ L 93, 31.3.2006, p. 12. 

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(98)  Registered designations of origin and geographical indications should enjoy protection 
against  uses  which  unduly  take  advantage  of  the  reputation  that  complying  products 
command.  So  as  to  promote  fair  competition  and  not  to  mislead  consumers,  this 
protection  should  also  affect  products  and  services  not  covered  by  this  Regulation, 
including those not found in Annex I to the Treaty. 

(99)  Certain terms are traditionally used in the Union and convey information to consumers 
about particularities and quality of wines complementing the information conveyed by 
designations of origin and geographical indications. So as to ensure the working of the 
internal  market  and  fair  competition  and  to  avoid  consumers  being  misled,  those 
traditional terms should be eligible for protection in the Union. 

(100)  The  description,  designation and presentation  of products  of the wine sector covered 
by  this  Regulation  can  have  significant  effects  on  their  marketability.  Differences 
between the laws of the Member States on the labelling of products of the wine sector 
may impede the smooth functioning of the internal market. Rules should therefore be 
laid down which take into account the legitimate interests of consumers and producers. 
For this reason, it is appropriate to provide for Union rules on labelling. 

(101)  When surpluses of milk products build up or are likely to occur, creating or likely to 
create  a  serious  imbalance  in  the  market,  aid  should  be  granted  for  Union-produced 
skimmed milk and skimmed-milk powder intended for use as feedingstuffs. The rules 
concerning the use of casein and caseinates in the manufacture of cheese are intended 
to counter adverse effects that may result from that aid scheme, taking into account the 
vulnerability  of  cheese  to  substitution  operations  with  casein  and  caseinates,  thereby 
contributing to stabilise the market. 

(102)  This Regulation focuses on various kinds of  organisations in order to achieve policy 
aims  in  particular  with  a  view  to  stabilising  the  markets  in,  and  of  improving  and 
guaranteeing the quality of, the products concerned through joint action. The relevant 
provisions  of  Regulation  (EC)  No  1234/2007  are  based  on  organisations  which  are 
recognised  by  the  Member  States  or,  under  certain  conditions,  by  the  Commission. 
Those provisions should be maintained. 

(103)  In  order  to  further  boost,  in  the  fruit  and  vegetable  sector,  the  impact  of  producer 
organisations  and  associations  thereof  and  in  order  to  ensure  the  market  as  much 
stability as is desirable, Member States should be allowed, under certain conditions, to 
extend  the  rules  to  non-member  producers  in  their  region,  particularly  rules  on 
production,  marketing  and  environmental  protection,  adopted  for its  members  by  the 
organisation or association for the region concerned.  

(104)  For the fruit and vegetable sector in particular it should, be possible to grant specific 
recognition to those organisations which provide proof of sufficient representativeness 
and carry out  practical action  in  regard to the objectives of Article 39 of the Treaty. 
The  provisions  on  extending  the  rules  adopted  by  producer  organisations  and  their 
associations and on sharing the costs resulting from such extension should, given the 
similarity of the objectives pursued, also apply to interbranch organisations. A similar 
approach should apply to interbranch organisations in the tobacco sector. 

(105)  [In  order  to  ensure  the  rational  development  of  production  and  so  to  ensure  a  fair 
standard of living for dairy farmers, their bargaining power vis-à-vis processors should 

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be  strengthened  which  should  result  in  a  fairer  distribution  of  value-added  along  the 
supply chain. Therefore, in order to realise these objectives of the common agricultural 
policy, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty 
to  allow  producer  organisations  constituted  by  dairy  farmers  or  their  associations  to 
negotiate  contract  terms,  including  price,  jointly  for  some  or  all  of  its  members' 
production  with  a  dairy.  In  order  to  maintain  effective  competition  on  the  dairy 
market,  this  possibility  should  be  subject  to  appropriate  quantitative  limits.  Such 
producer  organisations  should  therefore  also  be  eligible  for  recognition  under  the 
CMO.  

(106)  Rules have been introduced at EU level for interbranch organisations in some sectors. 
These  organisations  can  play  useful  roles in allowing dialogue between actors in the 
supply  chain,  and  in  promoting  best  practice  and  market  transparency.  Such  rules 
should  equally  be  applied  in  the  milk  and  milk  products  sector,  along  with  the 
provisions clarifying the position of such organisations under competition law whilst 
ensuring that they do not distort competition or the internal market or affect the good 
functioning of the common market organisation.] 

(107)  In certain sectors apart from those for which current rules provide for the recognition 
of producer or interbranch organisations, Member States may wish to recognise such 
kinds  of  organisations  based  on  national  law  as  far  as  this  is  compatible  with  Union 
law.  

(108)  A single market involves a trading system at the external borders of the Union. That 
trading  system  should  include  import  duties  and  export  refunds  and  should,  in 
principle,  stabilise  the  Union  market.  The  trading  system  should  be  based  on  the 
undertakings accepted under the Uruguay Round of multilateral trade negotiations. 

(109)  Monitoring  trade  flows  is  foremost  a  matter  of  management  which  should  be 
addressed in a flexible way. The decision on the introduction of licence requirements 
should  be  made  taking  account  of  the  need  for  licences  for  the  management  of  the 
markets  concerned  and,  in  particular,  for  monitoring  the  imports  of  the  products  in 
question.  

(110)  For  the  most  part,  the  customs  duties  applicable  to  agricultural  products  under  the 
World Trade Organisation (WTO) agreements are laid down in the Common Customs 
Tariff. However, for some products of the cereals and rice sectors, the introduction of 
additional  mechanisms  makes  it  necessary  to  provide  for  the  possibility  to  adopt 
derogations. 

(111)  In  order  to  prevent  or  counteract  adverse  effects  on  the  Union  market  which  could 
result  from  imports  of  certain  agricultural  products,  imports  of  such  products  should 
be subject to payment of an additional duty, if certain conditions are fulfilled. 

(112)  It is appropriate, under certain conditions, to open and administer import tariff quotas 
resulting  from  international  agreements  concluded  in  accordance  with  the  Treaty  or 
from other acts. 

(113)  The import levies on mixtures aim to ensure the proper working of the duty system for 

imports of mixtures of cereals, rice and broken rice. 

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(114)  This  Regulation  determines  a  traditional  supply  need  for  sugar  for  refining  for  a 
marketing  year.  To  ensure  supply  for  the  refining  industry  in  the  Union,  import 
licences for sugar for refining should be reserved for full time refiners during the first 
three months of each marketing year, within the limits set out by the traditional supply 
need. 

(115)  In  order  to  prevent  illicit  crops  from  disturbing  the  CMO  for  hemp  for  fibre,  this 
Regulation  should  provide  for  checks  on  imports  of  hemp  and  hemp  seed  to  ensure 
that  such  products  offer  certain  guarantees  with  regard  to  the  tetrahydrocannabinol 
content. In addition, imports of hemp seed intended for uses other than sowing should 
continue to be subject to a control system which makes provision for the authorisation 
of the importers concerned.  

(116)  The  customs  duty  system  makes  it  possible  to  dispense  with  all  other  protective 
measures  at  the  external  borders  of  the  Union.  The  internal  market  and  duty 
mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, 
in order not to leave the Union market without defence against disturbances that might 
ensue,  the  Union  should  be  able  to  take  all  necessary  measures  without  delay.  Such 
measures should comply with the international commitments of the Union. 

(117)  The possibility of prohibiting the use of inward and outward processing arrangements 
should be provided for. It is thus appropriate to enable suspension of the use of inward 
and outward processing arrangements in such situations. 

(118)  Provisions for granting refunds on exports to third countries, based on the difference 
between prices within the Union and on the world market, and falling within the limits 
set by the commitments made within the WTO, should serve to safeguard the Union's 
participation  in  international  trade  in  certain  products  falling  within  this  Regulation. 
Subsidised exports should be subject to limits in terms of value and quantity. 

(119)  Compliance with the limits in terms of value should be ensured at the time when the 
export refunds are fixed through the monitoring of payments under the rules relating to 
the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export 
refunds,  while  allowing  the  possibility,  in  the  case  of  differentiated  refunds,  of 
changing the specified destination within a geographical area to which a single export 
refund rate applies. In the case of a change of destination, the export refund applicable 
to the actual destination should be paid, with a ceiling on the amount applicable to the 
destination fixed in advance. 

(120)  Compliance  with  the  quantity  limits  should  be  ensured  by  a  reliable  and  effective 
system  of  monitoring.  To  that  end,  the  granting  of  export  refunds  should  be  made 
subject  to  an  export  licence.  Export  refunds  should  be  granted  up  to  the  limits 
available, depending on the particular situation of each product concerned. Exceptions 
to that rule should be permitted only for processed products not listed in Annex I to the 
Treaty,  to  which  volume  limits  do  not  apply.  Provision  should  be  made  for  a 
derogation  from  strict  compliance  with  management  rules  where  exports  benefiting 
from export refunds are not likely to exceed the quantity laid down. 

(121)  In  the  case  of  the  export  of  live  bovine  animals,  provision  should  be  made  whereby 
export  refunds  are  granted  and  paid  only  if  the  provisions  established  in  Union 

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legislation concerning animal welfare, in particular those concerning the protection of 
animals during transport, are respected. 

(122)  Agricultural  products  may  in  certain  cases  benefit  from  special  import  treatment  in 
third  countries  if  the  products  comply  with  certain  specifications  and/or  price 
conditions. Administrative cooperation between the authorities in the importing third 
country and the Union is necessary to ensure the correct application of such a system. 
To that end the products should be accompanied by a certificate issued in the Union. 

(123)  Exports of flowering bulbs to third countries are of considerable economic importance 
to the Union. The continuation and development of such exports may be ensured by 
stabilising prices in this trade. This Regulation should therefore provide for minimum 
export prices for the products in question. 

(124)  In accordance with Article 42 of the Treaty the provisions of the chapter of the Treaty 
relating to rules on competition shall apply to production of and trade in agricultural 
products only to the extent determined by Union legislation within the framework of 
Article  43(2)  and  (3)  of  the  Treaty  and  in  accordance  with  the  procedure  laid  down 
therein.  The  provisions  on  state  aid  had  been  largely  declared  applicable.  The 
application in particular of the Treaty rules applying to undertakings was furthermore 
defined  in  Council  Regulation  (EC)  No  1184/2006  of  24  July  2006  applying  certain 
rules on competition to the production of, and trade in, agricultural products14. In line 
with  the  objective  of  creating  one  comprehensive  set  of  market  policy  rules  it  is 
appropriate to provide for the rules concerned in this Regulation. 

(125)  The rules on competition relating to the agreements, decisions and practices referred to 
in Article 101 of the Treaty and to the abuse of dominant positions should be applied 
to the production of, and trade in, agricultural products, in so far as their application 
does  not  impede  the  functioning  of  national  organisations  of  agricultural  markets  or 
jeopardise the attainment of the objectives of the CAP. 

(126)  A  special  approach  is  warranted  in  the  case  of  farmers'  organisations  the  particular 
objective of which is the joint production or marketing of agricultural products or the 
use of joint facilities, unless such joint action excludes competition or jeopardises the 
attainment of the objectives of Article 39 of the Treaty. 

(127)  In  order  both  to  avoid  compromising  the  development  of  a  CAP  and  to  ensure  legal 
certainty  and  non-discriminatory  treatment  of  the  undertakings  concerned,  the 
Commission should have the sole power, subject to review by the Court of Justice, to 
determine whether agreements, decisions and practices referred to in Article 101 of the 
Treaty are compatible with the objectives of the CAP. 

(128)  The  proper  working  of  the  single  market  based  on  common  prices  would  be 
jeopardised  by  the  granting  of  national  aid.  Therefore,  the  provisions  of  the  Treaty 
governing  State  aid  should,  as  a  general  rule,  apply  to  the  products  covered  by  this 
Regulation. In certain situations exceptions should be allowed. Where such exceptions 
apply, the Commission should, however, be in a position to draw up a list of existing, 

14 

OJ L 214, 4.8.2006, p. 7. 

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new or proposed national aids, to make appropriate observations to the Member States 
and to propose suitable measures to them. 

(129)  Since their accession, Finland and Sweden may, due to the specific economic situation 
of the production and marketing of reindeer and reindeer products, grant aids in that 
regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid 
respectively  for  certain  quantities  of  seeds  and  for  certain  quantities  of  cereal  seed 
produced solely in Finland, because of its specific climatic conditions.  

(130)  In order to address justified cases of crisis even after the end of the transitional crisis 
distillation  support  measure  provided  for  under  the  support  programmes  in  2012, 
Member  States  should  be  able  to  provide  aid  for  crisis  distillation  within  an  overall 
budgetary limit of 15 % of the respective value of the Member State's relevant yearly 
budget  for  its  national  support  programme.  Any  such  aid  should  be  notified  to  the 
Commission and approved under this Regulation before it is granted. 

(131)  In Member States with a significant reduction of sugar quota, sugar beet growers will 
face particularly severe adaptation problems. In such cases the transitional Union aid 
to sugar beet growers provided for in Regulation (EC) No 73/2009 will not suffice to 
fully address the beet growers' difficulties. Therefore, Member States having reduced 
their quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex 
III  to  Council  Regulation  (EC)  No  318/2006  of  20  February  2006  on  the  common 
organisation of the markets in the sugar sector15 should be authorised to grant State aid 
to sugar beet growers during the period of application of the transitional Union aid. To 
ensure  that  Member  States  do  not  grant  State  aid  exceeding  the  needs  of  their  sugar 
beet growers, the determination of the total amount of the State aid concerned should 
continue to be made subject to Commission approval, except in the case of Italy where 
the maximum need for the most productive sugar beet growers to adapt to the market 
conditions  after  the  reform  has  been  estimated  at  EUR  11  per  tonne  of  sugar  beet 
produced.  Moreover,  due  to  the  particular  problems  expected  to  arise  in  Italy,  the 
provision  for  arrangements  allowing  sugar  beet  growers  to  benefit  directly  or 
indirectly from the State aid granted should be maintained. 

(132)  In  Finland  sugar  beet  growing  is  subject  to  particular  geographical  and  climatic 
conditions  which  will  adversely  affect  the  sector  beyond  the  general  effects  of  the 
sugar  reform.  That  Member  State  should  therefore  be  authorised,  on  a  permanent 
basis, to grant its sugar beet growers an adequate amount of State aid. 

(133)  The  specific  rules  on  the  aid  Germany  granted  in  the  framework  of  the  German 
Alcohol Monopoly were due to expire on 31 December 2010. The volumes sold by the 
Monopoly decreased since 2003 and distilleries and their raw material supplying small 
and  medium  sized  farms  have  made  efforts  to  prepare  for  their  entry  into  the  free 
market. However, as more time is needed to facilitate this adaptation an extension of 
the phasing out of the Monopoly and the aid for these beneficiaries is needed until 31 
December  2013.  Some  small  scale  flat-rate  distilleries,  distillery  users,  and  fruit 
cooperative  distilleries  contributing  by  using  local  raw  materials  in  particular  to  the 
preservation of the traditional landscapes and biodiversity should continue to be able 
to benefit from the aid granted under the Monopoly until 31 December 2017, at which 

15 

OJ L 58, 28.2.2006, p. 1. 

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date the Monopoly should be abolished. For that purpose, Germany should present an 
annual phasing-out plan from 2013. 

(134)  If  a  Member  State  wishes  to  support,  on  its  territory,  measures  promoting  the 
consumption of milk and milk products in the Union, provision should be made for the 
possibility  of  financing  such  measures  by  a  promotional  levy  on  milk  producers  at 
national level. 

(135)  [In  the  absence  of  EU  legislation  on  formalised,  written  contracts,  Member  States 
may,  within  their  own  contract  law  systems,  make  the  use  of  such  contracts 
compulsory  provided  that  in  doing  so  EU  law  is  respected  and  in  particular  that  the 
proper  functioning  of  the  internal  market  and  the  common  market  organisation  is 
respected.  Given  the  diversity  of  situations  across  the  EU  in  this  context,  in  the 
interests of subsidiarity, such a decision should remain with Member States. However, 
to ensure appropriate minimum standards for such contracts and good functioning of 
the  internal  market  and  the  common  market  organisation,  some  basic  conditions  for 
the  use  of  such  contracts  should  be  laid  down  at  EU  level.  Since  some  dairy  co-
operatives  may  have  rules  with  similar  effect  in  their  statues,  in  the  interests  of 
simplicity they should then be exempted from a requirement for contracts. In order to 
ensure that any such system is effective where intermediate parties collect milk from 
farmers to deliver to processors, it should apply equally in such a case.] 

(136)  Adequate information  is  needed  about the present  state  of  the  market  in  hops  within 
the Union and the prospects for its development. Provision should therefore be made 
for the registration of all supply contracts regarding hops produced within the Union. 

(137)  For  a  better  management  of  wine-growing  potential  Member  States  should 
communicate to the Commission an  inventory of their production potential based on 
the  vineyard  register.  To  encourage  Member  States  to  communicate  the  inventory, 
support for restructuring and conversion is limited to those Member States which have 
communicated  the  inventory.  So  that  the  information  necessary  for  making  the 
relevant  policy  and  administrative  choices  is  available,  producers  of  grapes  for  wine 
making,  of  must  and  of  wine  should  submit  harvest  declarations.  Member  States 
should be able to require merchants of grapes for wine making to declare each year the 
quantities  marketed  from  the  latest  harvest.  Producers  of  must  and  wine,  and 
merchants other than retailers, must declare their stocks of must and wine.  

(138)  In order to provide for a satisfactory level of traceability of the products concerned, in 
particular in the interest of consumer protection, provision should be made for all the 
wine sector products covered by this Regulation to have an accompanying document 
when circulating within the Union. 

(139)  It  is  appropriate  to  provide,  under  certain  conditions  and  for  certain  products,  for 
measures to be taken in cases where disturbances are occurring or are likely to occur 
due  to  significant  changes  in  the  internal  market  prices  or  as  regards  quotations  or 
prices on the world market. 

(140)  Member  States'  authorities  should  be  responsible  for  ensuring  compliance  with  this 
Regulation,  and  arrangements  should  be  made  for  the  Commission  to  be  able  to 
monitor and ensure in particular such compliance in the wine sector. 

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(141)  It  is  necessary  to  establish  a  framework  of  specific  measures  for  ethyl  alcohol  of 
agricultural  origin  so  that  economic  data  can  be  collected  and  statistical  information 
analysed  for  the  purpose  of  monitoring  the  market.  In  so  far  as  the  market  in  ethyl 
alcohol  of  agricultural  origin  is  linked  to  the  market  in  ethyl  alcohol  in  general, 
information also needs to be made available concerning the market in ethyl alcohol of 
non-agricultural origin. 

(142)  Expenditure incurred by the Member States as a result of the obligations arising from 
the application of this Regulation should be financed by the Union in accordance with 
Council  Regulation  (EC)  No  1290/2005  of  21  June  2005  on  the  financing  of  the 
common agricultural policy16. 

(143)  In order to increase the financial means available for the wine sector under Regulation 
(EC)  No  1698/2005,  a  gradual  transfer  of  funds  to  the  budget  under  that  Regulation 
should be put into place where the relevant amounts are sufficiently important. 

(144)  The  Commission  should  be  authorised  to  adopt  the  necessary  measures  to  solve 

specific practical problems in case of emergency. 

(145)  Since  the  common  markets  in  agricultural  products  are  continuously  evolving,  the 
Member  States  and  the  Commission  should  keep  each  other  informed  of  relevant 
developments  and  adopt  the  means  of  notification  of  the  relevant  developments  and 
adopt the means of notification of the relevant information. 

(146)  In order to avoid abuse of any of the advantages provided for in this Regulation, such 
advantages  should  not  be  granted  or,  as  the  case  may  be,  should  be  withdrawn,  in 
cases where it is found that the conditions for obtaining any of those advantages have 
been created artificially, contrary to the objectives of this Regulation. 

(147)  To guarantee compliance with the obligations laid down by this Regulation, there is a 
need  for  checks  and  the  application  of  administrative  measures  and  administrative 
penalties in case of non-compliance, and rules related to the lodging and releasing of 
securities to guarantee the sound management of single common market management 
under the CAP. Those provisions should include the recovery of undue payments and 
the  reporting  obligations  of  the  Member  States  resulting  from  the  application  of  this 
Regulation. 

(148)  Pursuant  to  Regulation  (EC)  No  1234/2007  several  sectoral  market  management 
measures will expire in 2012. After the repeal of Regulation (EC) No 1234/2007, the 
relevant provisions should continue to apply until the end of the schemes concerned.  

(149)  In  order  to  ensure  legal  certainty  as  regards  the  application  of  marketing  rules,  the 
Commission  should  determine  the  date  on  which  certain  provisions  of  Regulation 
(EC) No 1234/2007 cease to apply to the sector concerned.  

(150)  In  order  to  ensure  a  smooth  transition  from  the  arrangements  provided  for  in 
Regulation  (EC)  No  1234/2007  as  regards  the  fruit  and  vegetables  sectors  and  the 
provisions  of  this  Regulation,  the  Commission  should  be  empowered  to  adopt 
transitional measures. 

16 

OJ L 209, 11.8.2005, p. 1. 

EN 

27 

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(151)  This  Regulation  should  apply  from  its  entry  into  force.  However,  the  provision 
creating  the  general  marketing  standard  should  only  apply  from  [one  year  the  after 
entry into force of the Regulation].  

(152)  [As  regards  contractual  relations  and  producer  and  interbranch  organisations  in  the 
milk and milk products sectors, the measures set out in this Regulation, are justified in 
the current economic circumstances of the dairy market and the structure of the supply 
chain.  They  should  therefore  be  applied  for  a  sufficiently  long  duration  (both  before 
and  after  the  abolition  of  milk  quotas)  to  allow  them  to  have  full  effect.  However, 
given their far-reaching nature, they should nevertheless be temporary in nature, and 
be subject to review to see how they have operated and whether they should continue 
to apply. This should be dealt with in Commission reports on the development of the 
milk  market,  and  covering  in  particular  potential  incentives  to  encourage  farmers  to 
enter  into  joint  production  agreements,  to  be  submitted  by  30  June  2014  and  31 
December 2018,]  

HAVE ADOPTED THIS REGULATION: 

EN 

28 

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TABLE OF CONTENTS 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
establishing a common organisation of agricultural markets and on specific provisions for 
certain agricultural products (Single CMO Regulation) ............................................................ 1 

EXPLANATORY MEMORANDUM ....................................................................................... 2 

1. 

2. 

3. 

4. 

5. 

CONTEXT OF THE PROPOSAL............................................................................... 2 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS.......................................................................................... 4 

LEGAL ELEMENTS OF THE PROPOSAL .............................................................. 5 

BUDGETARY IMPLICATIONS................................................................................ 6 

ADDITIONAL INFORMATION................................................................................ 6 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
establishing a common organisation of agricultural markets and on specific provisions for 
certain agricultural products (Single CMO Regulation) ............................................................ 7 

PART I  INTRODUCTORY PROVISIONS ........................................................................... 38 

PART II  INTERNAL MARKET ............................................................................................ 41 

TITLE I  MARKET INTERVENTION ................................................................................... 41 

CHAPTER I  Public intervention and private storage ............................................................. 41 

Section I  Introductory provisions on public intervention and private storage ........................ 41 

Section II  Public intervention.................................................................................................. 43 

Subsection I  General provisions.............................................................................................. 43 

Subsection II  Opening of buying-in ........................................................................................ 44 

Subsection III  Intervention prices ........................................................................................... 45 

Subsection IV  Disposal from intervention .............................................................................. 47 

[Subsection V  Distribution to the most deprived persons in the Union.................................. 48 

Section III  Private storage ....................................................................................................... 52 

Subsection I  Mandatory aid..................................................................................................... 52 

Subsection II  Optional aid....................................................................................................... 52 

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Section IV  Common provisions on public intervention and private storage .......................... 55 

Subsection I  General provisions.............................................................................................. 55 

Subsection II  Specific provisions on carcass classification .................................................... 59 

CHAPTER II  Special intervention measures .......................................................................... 62 

Section I  Exceptional market support measures ..................................................................... 62 

Section II  Measures in the cereals and rice sectors ................................................................. 64 

Section III  Measures in the sugar sector ................................................................................. 65 

Section IV  Adjustment of supply ............................................................................................ 68 

CHAPTER III  Systems of production limitation .................................................................... 70 

Section I  General provisions ................................................................................................... 70 

Section II  Sugar ..................................................................................................................... 70 

Subsection I  Quota allocation and management ..................................................................... 70 

Subsection II  Quota Overrun................................................................................................... 72 

Section III  Milk ....................................................................................................................... 74 

Subsection I  General provisions.............................................................................................. 74 

Subsection II  Quota allocation and management .................................................................... 76 

Subsection III  Quota overrun .................................................................................................. 82 

Section IV  Procedural rules concerning sugar and milk quotas.............................................. 85 

Subsection I  Procedural rules concerning sugar quotas .......................................................... 85 

Subsection II  Procedural rules concerning milk quotas .......................................................... 87 

Section V  Production potential in the wine sector .................................................................. 88 

Subsection I  Unlawful plantings ............................................................................................. 88 

Subsection II  Transitional planting right regime..................................................................... 91 

Subsection III  Marketing rules to improve and stabilise the operation of the common market 
in wines .................................................................................................................................... 96 

CHAPTER IV  Aid schemes .................................................................................................... 97 

Section I  Production refund in the sugar sector ...................................................................... 97 

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Section II  Aids in the milk and milk products sector.............................................................. 98 

Subsection I  Aid for special use.............................................................................................. 98 

Subsection II  Conditions for production of cheese ............................................................... 100 

Subsection III  Aid for the supply of milk products to pupils................................................ 101 

Section IV  Aids in the hops sector ........................................................................................ 102 

Section V  Aids in the olive oil and table olives sector.......................................................... 103 

Section VI  Aids in the fruit and vegetables sector ................................................................ 105 

Subsection I  Producer groups ........................................................................................... 105 

Subsection II  Operational funds and operational programmes .............................. 107 

Subsection III  School Fruit Scheme...................................................................................... 114 

Section VII  Support programmes in the wine sector ............................................................ 117 

Subsection I  Introductory provisions .................................................................................... 117 

Subsection II  Submission and content of support programmes ............................................ 118 

Subsection III  Specific support measures ............................................................................. 120 

Subsection IV  Procedural provisions .................................................................................... 125 

Section VIII  Special provisions for the apiculture sector ..................................................... 127 

Section IX  Aids in the silkworm sector ................................................................................ 129 

TITLE II  RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS
................................................................................................................................................ 131 

[CHAPTER I  Rules concerning marketing........................................................................... 131 

Section I  Marketing standards............................................................................................... 131 

Subsection I  Introductory provisions .................................................................................... 131 

Subsection II  General marketing standard ............................................................................ 131 

Subsection III   Marketing standards by sectors or products ................................................. 132 

Subsection IV   Marketing standards related to import and export........................................ 138 

Subsection V  Common provisions........................................................................................ 139 

Section II  Designations of origin, geographical indications and traditional terms in the wine 
sector ...................................................................................................................................... 140 

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Subsection I  Introductory provisions .................................................................................... 140 

Subsection II  Designations of origin and geographical indications...................................... 141 

Subsection III  Traditional terms............................................................................................ 154 

Section III  Labelling and presentation in the wine sector ..................................................... 156 

CHAPTER II  Producer organisations, producer groups, interbranch organisations, operator 
organisations........................................................................................................................... 161 

Section I  General principles .................................................................................................. 161 

Section II  Rules concerning producer and interbranch organisations and producer groups in 
the fruit and vegetables sector................................................................................................ 166 

Subsection I  Rules of association and recognition of producer organisations ...................... 166 

Subsection II  Association of producer organisations and producer groups .......................... 168 

Subsection III  Extension of rules to producers in an economic area .................................... 169 

Subsection IV  Interbranch organisations in the fruit and vegetables sector ......................... 172 

Section III  Rules concerning producer and interbranch organisations in the wine sector .... 175 

Section IV  Rules concerning interbranch organisations in the tobacco sector ..................... 176 

[Section V............................................................................................................................... 177 

Producer organisations in the milk and milk products sector ................................................ 177 

Section VI  Procedural rules................................................................................................... 179 

PART III  TRADE WITH THIRD COUNTRIES ................................................................. 181 

CHAPTER I  General provisions ........................................................................................... 181 

CHAPTER II  Imports............................................................................................................ 182 

Section I  Import licences....................................................................................................... 182 

Section II  Import duties and levies........................................................................................ 185 

Section III  Import quota management................................................................................... 189 

Section IV  Special provisions for certain products............................................................... 192 

Subsection I  Special provisions for imports in respect of the cereals and rice sectors ......... 192 

Subsection II  Import arrangements for sugar........................................................................ 194 

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Subsection III  Special provisions for imports of hemp......................................................... 195 

Subsection IV  Special provisions for imports of hops.......................................................... 195 

Section V  Safeguard and inward processing......................................................................... 196 

CHAPTER III  Exports .......................................................................................................... 198 

Section I  Export licences....................................................................................................... 198 

Section II  Export refunds ...................................................................................................... 200 

Section III  Export quota management in the milk and milk products sector ........................ 205 

Section IV  Special import treatment by third countries........................................................ 206 

Section V  Special provisions for live plants ......................................................................... 207 

Section VI  Outward processing............................................................................................. 207 

PART IV  COMPETITION RULES...................................................................................... 209 

CHAPTER I  Rules applying to undertakings ....................................................................... 209 

CHAPTER II  State aid rules ................................................................................................. 215 

PART V  SPECIFIC PROVISIONS FOR SEVERAL OR INDIVIDUAL SECTORS ........ 219 

CHAPTER I  Specific provisions for several sectors ............................................................ 219 

Section I  Disturbances of the markets................................................................................... 219 

Section II  Reporting .............................................................................................................. 220 

CHAPTER II  SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS .......................... 221 

Section I  Hops ....................................................................................................................... 221 

Section II  Wine...................................................................................................................... 222 

Section III  Milk and milk products ....................................................................................... 225 

Section IV  Ethyl alcohol ....................................................................................................... 227 

PART VI  GENERAL PROVISIONS ................................................................................... 228 

PART VII  DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, 
TRANSITIONAL AND FINAL RULES ............................................................................... 233 

CHAPTER I  Delegations of power and implementing provisions ....................................... 233 

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CHAPTER II  Transitional and final provisions.................................................................... 235 

ANNEX I  LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1)  Part I: Cereals...... 238 

Part II: Rice ............................................................................................................................ 241 

Part III: Sugar ......................................................................................................................... 242 

Part IV: Dried fodder.............................................................................................................. 242 

Part V: Seeds .......................................................................................................................... 243 

Part VI: Hops.......................................................................................................................... 244 

Part VII: Olive oil and table olives......................................................................................... 244 

Part VIII: Flax and hemp grown for fibre .............................................................................. 244 

Part IX: Fruit and vegetables.................................................................................................. 245 

Part X: Processed fruit and vegetable products...................................................................... 245 

Part XI: Bananas..................................................................................................................... 248 

Part XII: Wine ........................................................................................................................ 248 

Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental 
foliage..................................................................................................................................... 249 

Part XIV: Raw tobacco .......................................................................................................... 249 

Part XV: Beef and veal........................................................................................................... 249 

Part XVI: Milk and milk products.......................................................................................... 250 

Part XVII: Pigmeat................................................................................................................. 250 

Part XVIII: Sheepmeat and goatmeat..................................................................................... 251 

Part XIX: Eggs ....................................................................................................................... 251 

EN 

34 

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Part XX: Poultrymeat ............................................................................................................. 252 

Part XXI: Other products ....................................................................................................... 252 

ANNEX II  LIST OF PRODUCTS FOR WHICH SPECIFIC MEASURES HAVE BEEN 
ESTABLISHED AS REFERRED TO IN ARTICLE 1(2)  Part I: Ethyl alcohol of agricultural 
origin ...................................................................................................................................... 259 

Part II: Apiculture products.................................................................................................... 259 

Part III: Silkworms ................................................................................................................. 259 

ANNEX III  DEFINITIONS REFERRED TO IN ARTICLE 2(1)  Part I: Definitions 
concerning the rice sector....................................................................................................... 260 

Part II: Definitions concerning the sugar sector..................................................................... 263 

Part III: Definitions concerning the hops sector..................................................................... 264 

Part IV: Definitions concerning the wine sector .................................................................... 264 

Part V: Definitions concerning the beef and veal sector........................................................ 267 

Part VI: Definitions concerning the milk and milk products sector....................................... 267 

Part VII: Definitions concerning the eggs sector ................................................................... 267 

Part VIII: Definitions concerning the poultrymeat sector ...................................................... 268 

Part IX: Definitions concerning the apiculture sector............................................................ 269 

ANNEX IV  STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN 
ARTICLE 8(1) AND (3) ........................................................................................................ 271 

ANNEX V  UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED 
TO IN ARTICLE 34 .............................................................................................................. 273 

ANNEX VI  NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF 
SUGAR, ISOGLUCOSE AND INULIN SYRUP AS REFERRED TO IN ARTICLE 50   
from the 2010/2011 marketing year onwards ........................................................................ 277 

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ANNEX VII  DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE 
QUOTAS IN ACCORDANCE WITH ARTICLE 53  I ........................................................ 279 

ANNEX VIII  NATIONAL QUOTAS FOR THE PRODUCTION OF MILK AND OTHER 
MILK PRODUCTS AS REFERRED TO IN ARTICLE 59.................................................. 282 

ANNEX IX  REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 63................ 284 

ANNEX X  BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 
136(1) ..................................................................................................................................... 285 

ANNEX XI  INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 159(3)
................................................................................................................................................ 286 

ANNEX XII  DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF 
PRODUCTS REFERRED TO IN ARTICLE 163 ................................................................. 287 

Part I. Meat of bovine animals aged 12 months or less.......................................................... 287 

I. 

II. 

Definition ................................................................................................................. 287 

SALES DESCRIPTIONS ........................................................................................ 287 

Part II.Grapevine products ..................................................................................................... 290 

Part III.Milk and milk products.............................................................................................. 297 

Part IV.Milk for human consumption falling within CN code 0401 ..................................... 298 

Part V.Products of the poultrymeat sector ............................................................................. 301 

Part VI.Spreadable fats........................................................................................................... 303 

Part VII.Descriptions and definitions of olive oil and olive pomace oils .............................. 306 

Appendix to Annex XII (referred to in Part II)  Wine growing zones ................................... 307 

ANNEX XIII Part I Enrichment, acidification and de-acidification in certain wine-growing 
zones....................................................................................................................................... 313 

Part II Restrictions.................................................................................................................. 317 

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ANNEX XIV  EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-
MEMBER PRODUCERS PURSUANT TO ARTICLE 218 AND ARTICLE 224 .............. 319 

ANNEX XV  IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 242 AND 244
................................................................................................................................................ 320 

ANNEX XVI  VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 243 ...... 322 

ANNEX XVII  LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGGS 
SECTORS FOR THE PURPOSE OF ARTICLE 16(a)(ii) AND FOR THE GRANTING OF 
EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III  
Part I: Cereals ......................................................................................................................... 323 

Part II: Rice ............................................................................................................................ 326 

Part III: Sugar ......................................................................................................................... 328 

Part IV: Milk .......................................................................................................................... 331 

Part V: Eggs ........................................................................................................................... 334 

ANNEX XVIII  LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE 
PURPOSE OF THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II 
OF CHAPTER III OF PART III ............................................................................................ 335 

ANNEX XIX  BUDGET ALLOCATION FOR RURAL DEVELOPMENT IN WINE 
PRODUCING REGIONS REFFERRED TO IN ARTICLE 314(3) ..................................... 336 

ANNEX XX  CORRELATION TABLE REFERRED TO IN ARTICLE 325(3) ................ 337 

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PART I 

INTRODUCTORY PROVISIONS 

Article 1 

Scope 

1. 

This Regulation establishes a common organisation of the markets for the products 
of the following sectors, as provided further in Annex I: 

(a) 

cereals, Part I of Annex I; 

(b) 

rice, Part II of Annex I; 

(c) 

sugar, Part III of Annex I; 

(d)  dried fodder, Part IV of Annex I; 

(e) 

seeds, Part V of Annex I; 

(f) 

hops, Part VI of Annex I; 

(g)  olive oil and table olives, Part VII of Annex I; 

(h) 

flax and hemp, Part VIII of Annex I; 

(i) 

fruit and vegetables, Part IX of Annex I; 

(j) 

processed fruit and vegetables, Part X of Annex I; 

(k)  bananas, Part XI of Annex I; 

(l)  wine, Part XII of Annex I; 

(m) 

live  plants  and  products  of  floriculture,  Part XIII  of  Annex I  (hereinafter 
referred to as the live plants sector); 

(n) 

raw tobacco, Part XIV of Annex I; 

(o)  beef and veal, Part XV of Annex I; 

(p)  milk and milk products, Part XVI of Annex I; 

(q)  pigmeat, Part XVII of Annex I; 

(r) 

sheepmeat and goatmeat, Part XVIII of Annex I; 

(s) 

eggs, Part XIX of Annex I; 

EN 

38 

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(t) 

poultrymeat, Part XX of Annex I; 

(u)  other products, Part XXI of Annex I. 

2. 

This Regulation establishes specific measures for the following sectors as listed and, 
as the case may be, as further defined in Annex II: 

(a) 

(b) 

ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter referred to as 
the agricultural ethyl alcohol sector); 

apiculture products, Part II of Annex II (hereinafter referred to as the apiculture 
sector); 

(c) 

silkworms, Part III of Annex II. 

3. 

In respect of potatoes, fresh or chilled of CN code 0701, Chapter II of Part IV shall 
apply. 

Article 2 

Definitions 

1. 

2. 

For the purposes of this Regulation, the definitions concerning certain sectors as set 
out in Annex III shall apply. 

For the purposes of this Regulation: 

(a) 

(b) 

(c) 

‘farmer’  shall  mean  a  farmer  as  defined  in  Article  2(a)  of  Regulation  (EC) 
No 73/2009; 

‘paying agency’ shall mean the body or the bodies assigned by a Member State 
in accordance with Regulation (EC) No 1290/2005; 

‘intervention price’ shall mean the price at which products shall be bought-in 
under public intervention. 

Article 3 

Marketing years 

The following marketing years shall be established: 

(a) 

(b) 

1 January to 31 December of a given year for the banana sector; 

1 April to 31 March of the following year for: 

(i) 

the dried fodder sector; 

(ii) 

the silkworm sector; 

(c) 

1 July to 30 June of the following year for: 

EN 

39 

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(i) 

the cereals sector; 

(ii) 

the seeds sector; 

(iii) 

the olive oil and table olives sector; 

(iv) 

the flax and hemp sector; 

(v) 

the milk and milk products sector; 

(d) 

(e) 

(f) 

1 August to 31 July of the following year for the wine sector; 

1 September to 31 August of the following year for the rice sector; 

1 October to 30 September of the following year for the sugar sector. 

In order to take into account the specificities of the fruit and vegetables and processed fruit 
and vegetables sectors, the Commission shall, if necessary, fix the marketing years for those 
products by means of delegated acts. 

Article 4 

Delegated powers 

In  order  to  take  into  account  the  specificities  of  each  sector  and  to  address  changes  in  the 
market situation, the Commission may, by means of delegated acts, update the definitions set 
out in Part I of Annex III. 

Article 5 

Implementing powers 

The Commission may, by means of implementing acts: 

(a) 

fix the conversion rates for rice at various stages of processing, the processing costs 
and the value of by-products; 

(b) 

adopt all necessary measures regarding the application of conversion rates. 

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PART II 

INTERNAL MARKET 

TITLE I 

MARKET INTERVENTION 

CHAPTER I 

Public intervention and private storage 

SECTION I 

INTRODUCTORY PROVISIONS ON PUBLIC INTERVENTION AND PRIVATE STORAGE 

Article 6 

Scope 

1. 

This  Chapter  lays  down  the  rules  concerning,  where  applicable,  buying-in  under 
public  intervention  and  the  granting  of  aids  for  private  storage  with  regard  to  the 
following sectors: 

(a) 

cereals; 

(b) 

rice; 

(c) 

sugar; 

(d)  olive oil and table olives; 

(e) 

beef and veal; 

(f)  milk and milk products; 

(g)  pigmeat; 

(h) 

sheepmeat and goatmeat. 

2. 

For the purposes of this Chapter: 

(a) 

'cereals’ shall mean cereals harvested in the Union; 

EN 

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(b) 

'milk’ shall mean cow's milk produced in the Union; 

(c) 

'cream’ shall mean cream obtained directly and exclusively from milk. 

Article 7 

EU origin 

Without prejudice to Article 6(2) only products originating in the Union shall be eligible for 
buying-in under public intervention or for the granting of aid for the private storage thereof. 

Article 8 

Reference prices 

1. 

For  products  subject  to  the  intervention  measures  referred  to  in  Article 6(1)  the 
following reference prices shall be fixed: 

(a) 

as regards the cereals sector, EUR 101,31/tonne; 

(b) 

as regards paddy rice, EUR 150/tonne for standard quality as defined in point 
A of Annex IV; 

(c) 

as regards sugar: 

(i) 

for white sugar: EUR 404,4/tonne as from the marketing year 2009/2010; 

(ii) 

for raw sugar: EUR 335,2/tonne as from the marketing year 2009/2010. 

(d) 

as  regards  the  beef  and  veal  sector,  EUR  2 224/tonne  for  carcasses  of  male 
bovine  animals  of  grade  R3  as  laid  down  in  the  Union  scale  for  the 
classification  of  carcasses  of  adult  bovine  animals  as  referred  to  in 
Article 34(1)(a); 

(e) 

as regards the milk and milk products sector: 

(i)  EUR 246,39 per 100 kg for butter; 

(ii)  EUR 169,80 per 100 kg for skimmed milk powder; 

(f) 

as  regards  the  pigmeat  sector,  EUR  1 509,39/tonne  for  pig  carcasses  of 
standard  quality  defined  in  terms  of  weight  and  lean  meat  content  in 
accordance  with  the  Union  scale  for  the  classification  of  pig  carcasses  as 
referred to in Article 34(1)(b), as follows: 

(i) 

carcasses weighing from 60 to less than 120 kg: grade E as laid down in 
point B II of Annex V; 

(ii) 

carcasses weighing from 120 to 180 kg: grade R as laid down in point B 
II of Annex V. 

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2. 

3. 

4. 

The reference prices for cereals and rice set out in points (a) and (b) of paragraph 1 
respectively, shall relate to the wholesale stage for goods delivered to the warehouse, 
before  unloading.  Those  reference  prices  shall  be  valid  for  all  Union  intervention 
centres referred to in Article 30. 

The reference prices laid down in points (i) and (ii) of paragraph 1(c) shall apply to 
unpacked sugar, ex factory of standard quality as defined in point B of Annex IV. 

Reference prices fixed in paragraph 1 of this Article may be changed in accordance 
with  the  procedure  laid  down  in  Article  43(2)  of  the  Treaty  in  the  light  of 
developments in production and the markets. 

Article 9 

Price reporting in the sugar market 

The  Commission  shall,  by  means  of  implementing  acts,  set  up  an  information  system  on 
prices in the sugar market, including a system for the publication of price levels for the sugar 
market. 

The system shall be based on information submitted by undertakings producing white sugar or 
by  other  operators  involved  in  the  sugar  trade.  This  information  shall  be  treated  with 
confidentiality. 

The Commission shall ensure that the information published does not permit the identification 
of prices of individual undertakings or operators. 

SECTION II 

PUBLIC INTERVENTION  

SUBSECTION I 

GENERAL PROVISIONS 

Article 10 

Products eligible for public intervention 

Public  intervention  shall  be  applicable  in  respect  of  the  following  products  subject  to  the 
conditions laid down in this Section and further requirements and conditions to be determined 
by the Commission by means of delegated acts and implementing acts pursuant to Article 31 
and Article 32: 

(a) 

(b) 

EN 

common wheat, durum wheat, barley, maize and sorghum; 

paddy rice; 

43 

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(c) 

(d) 

(e) 

fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 
and 0201 20 20 to 0201 20 50; 

butter  produced  directly  and  exclusively  from  pasteurised  cream  in  an  approved 
undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a 
maximum water content, by weight, of 16 %; 

skimmed milk powder of top quality made from milk in an approved undertaking in 
the Union by the spray process, with a minimum protein-content of 34,0 % by weight 
of the fat free dry matter. 

SUBSECTION II 

OPENING OF BUYING-IN 

Article 11 

Public intervention periods 

Public intervention shall be available: 

(a) 

(b) 

(c) 

(d) 

for cereals, from 1 November to 31 May; 

for paddy rice, from 1 April to 31 July; 

for beef and veal, throughout any marketing year; 

for butter and skimmed milk powder, from 1 March to 31 August. 

Article 12 

Opening of public intervention 

1. 

During the periods referred to in Article 11, public intervention: 

(a) 

shall be open for common wheat; 

(b) 

(c) 

shall  be  open  for  durum  wheat,  barley,  maize,  sorghum,  paddy  rice,  sugar, 
butter  and  skimmed  milk  powder  up  to  the  intervention  limits  referred  to  in 
Article 13(1); 

shall  be  opened  for  beef  and  veal  by  the  Commission,  by  means  of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article  323(1),  if  the  average  market  price  for  beef  and veal  over  a 
representative  period  in  a  Member  State  or  in  a  region  of  a  Member  State 
recorded  on  the  basis  of the  Union  scale  for  the  classification  of  carcasses  as 
referred to in Article 34(1) is below EUR 1560/tonne. 

EN 

44 

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2. 

Public intervention for beef and veal, referred to in point (c) of paragraph 1, shall be 
closed by the Commission, by means of implementing acts without the assistance of 
the Committee referred to in Article 323(1), where, over a representative period, the 
conditions provided for in that point are no longer fulfilled. 

Article 13 

Intervention limits 

1. 

Buying –in under public intervention shall be carried out within the following limits: 

(a) 

for  durum  wheat,  barley,  maize,  sorghum  and  paddy  rice,  0  tonnes  for  the 
periods referred to in Article 11(a) and (b) respectively; 

(b) 

for butter, 30 000 tonnes for each period referred to in Article 11(d); 

(c) 

for  skimmed  milk  powder,  109 000  tonnes  for  each  period  referred  to 
Article 11(d). 

2. 

For  the  products  referred  to  in  paragraph  1,  the  Commission  may,  by  means  of 
implementing  acts,  decide  to  continue  public  intervention  beyond  the  amounts 
referred  to  in  that  paragraph  if  the  market  situation  and,  in  particular,  the 
development of market prices, so requires. 

SUBSECTION III 

INTERVENTION PRICES 

Article 14 

Intervention prices 

1. 

The intervention price: 

(a) 

(b) 

(c) 

for  common  wheat  shall  be  equal  to  the  reference  price  for  a  maximum 
quantity  offered  of  3  million  tonnes  per  intervention  period  as  fixed  in 
Article 11(a); 

for  butter  shall  be  equal  to  90  %  of  the  reference  price  for  amounts  offered 
within the limit in Article 13(1)(b); 

for  skimmed  milk  powder  shall  be  equal  to  the  reference  price  for  amounts 
offered within the limit in Article 13(1) (c). 

2. 

The  Commission  shall,  by  means  of  implementing  acts,  determine  the  intervention 
prices  and  the  quantities  for  intervention  for  the  following  products,  through 
tendering procedures: 

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(a) 

common  wheat  for  amounts  in  excess  of  the  maximum  quantity  offered  of 
3 million tonnes per intervention period as fixed in Article 11(a); 

(b)  durum  wheat,  barley,  maize,  sorghum  and  paddy  rice,  in  application  of 

Article 13(2); 

(c) 

beef and veal; 

(d)  butter  for  amounts  offered  in  excess  of  the  limit  in  Article  13(1)(b),  in 

application of Article 13(2), and 

(e) 

skimmed  milk  powder  for  amounts  offered  in  excess  of  the  limit  in 
Article 13(1) (c), in application of Article 13(2). 

In  special  circumstances,  the  Commission  may,  by  means  of  implementing  acts, 
restrict  tendering  procedures  to,  or  the  intervention  prices  and  the  quantities  for 
intervention may be fixed per Member State or region of a Member State on the basis 
of recorded average market prices. 

3. 

The maximum buying-in price determined in accordance with tendering procedures 
under paragraph 2 shall not be higher: 

(a) 

for cereals and paddy rice, than the respective reference prices; 

(b) 

for beef and veal, than the average market price recorded in a Member State or 
a  region  of  a  Member  State  increased  by  an  amount  to  be  determined  by  the 
Commission, by means of implementing acts, on the basis of objective criteria; 

(c) 

for butter, than 90 % of the reference price; 

(d) 

for skimmed milk powder, than the reference price. 

4. 

The intervention prices referred to in paragraphs 1, 2 and 3 shall be: 

(a) 

(b) 

for  cereals,  without  prejudice  to  price  increases  or  reductions  for  quality 
reasons, and 

for paddy rice, increased or decreased accordingly if the quality of the products 
offered  to  the  paying  agency  differs  from  the  standard  quality,  defined  in 
point A of Annex IV. Moreover, in order to ensure that production is orientated 
towards certain varieties, the Commission may, by means of delegated acts, fix 
increases and reductions of the intervention price. 

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SUBSECTION IV 

DISPOSAL FROM INTERVENTION 

Article 15 

General principles 

Disposal of products bought in under public intervention shall take place in such a way as to 
avoid any disturbance of the market, to ensure equal access to the goods and equal treatment 
of purchasers and in compliance with the commitments resulting from agreements concluded 
in accordance with Article 218 of the Treaty. 

Article 16 

Sugar disposal 

As  regards  sugar  bought-in  under  public  intervention,  paying  agencies  may  sell  it  only  at  a 
price which is higher than the reference price fixed for the marketing year in which the sale 
takes place. 

However,  in  order  to  respond  to  particular  opportunities  to  dispose  of  intervention  stocks 
without  disturbing  the  market,  the  Commission  may,  by  delegated  acts,  decide  that  paying 
agencies: 

(a) 

may sell the sugar at a price equal to or lower than the reference price referred to in 
the first paragraph if the sugar is intended: 

(i) 

for use as animal feed, or 

(ii) 

for  export,  either  without  further  processing  or  after  processing  into  products 
listed in Annex I to the Treaty or into goods listed in Part III of Annex XVII to 
this Regulation, or 

(iii)  for industrial use referred to in Article 55; 

(b) 

are  to  make  unprocessed  sugar  held  by  them  available,  for  human  consumption  on 
the  internal  market  of  the  Union,  to  charitable  organisations  —  recognised  by  the 
Member State concerned or by the Commission in cases where a Member State has 
not  recognised  any  such  organisation  —  at  a  price  which  is  lower  than  the  current 
reference price or free of charge for distribution as part of individual emergency aid 
operations. 

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[SUBSECTION V 

DISTRIBUTION TO THE MOST DEPRIVED PERSONS IN THE UNION 

Article 17 

Scheme for food distribution to the most deprived persons in the Union 

1. 

A  scheme  is  established  whereby  food  products  may  be  distributed  to  the  most 
deprived persons in the Union through organisations designated by Member States. 
For  that  purpose,  products  in  intervention  stocks  shall  be  made  available  or,  where 
intervention stocks suitable for the food distribution scheme are not available, food 
products shall be purchased on the market.  

For the purposes of the scheme provided for in the first subparagraph 'most deprived 
persons' means physical persons, whether individuals, families or groups composed 
of such persons, whose social and financial dependence is recorded or recognised on 
the  basis  of  eligibility  criteria  adopted  by  the  national  competent  authorities,  or  is 
judged to be so on the basis of the criteria used by the designated organisations and 
which are approved by those competent authorities. 

2. 

Member States wishing to participate in the scheme provided for in paragraph 1 shall 
submit to the Commission food distribution programmes containing the following: 

(a) 

details of their main characteristics and objectives,  

(b) 

the organisations designated,  

(c) 

the requests for quantities of food products to be distributed during a three-year 
period and other relevant information.  

Member  States  shall  choose  the  food  products  on  the  basis  of  objective  criteria, 
including nutritional values and suitability for distribution. For that purpose, Member 
States may give preference to food products of EU origin.  

3. 

Based  on  requests  notified  by  Member  States  pursuant  to  the  first  subparagraph  of 
paragraph 2 and other information considered relevant, the Commission shall adopt 
three-year plans. 

Each  three-year  plan  shall  set  out  annual  financial  allocations  by  the  Union  per 
Member  State  and  minimum  annual  financial  contributions  of  Member  States. 
Allocations for the second and third year of the programme shall be indicative. 

Member  States  participating  in  the  scheme  shall  confirm  every  year  the  requests 
referred  to  in  point  (c)  of  the  first  subparagraph  of  paragraph  2.  Following  these 
confirmations, the Commission shall decide each subsequent year, on the definitive 
allocations, within the limits of the appropriations available in the budget. 

When  products  included  in  the  three-year  plan  are  not  available  in  intervention 
stocks  in  the  Member  State  where  such  products  are  required,  the  three-year  plan 

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shall  provide  for  their  transfer  from  Member  States  where  they  are  available  in 
intervention stocks. 

A three-year plan may be revised in the light of any relevant developments affecting 
its execution. 

4. 

The  organisations  designated  by  the  Member  States  as  referred  to  in  paragraph  1 
cannot be commercial undertakings. 

The food products shall be released free of charge to those organisations. 

The distribution of the food products to the most deprived persons shall be: 

(a) 

free of charge, or  

(b) 

at a price which is in no case greater than that justified by the costs incurred by 
the  designated  organisations  in  implementing  the  operation,  other  than  the 
costs that may be covered under points (a) and (b) of the second subparagraph 
of paragraph 7.  

5. 

Member States participating in the scheme shall: 

(a) 

submit to the Commission an annual report on implementation of the scheme; 

(b)  keep the Commission informed in a timely manner on developments affecting 

the implementation of the food distribution programmes. 

6. 

The  Union  shall  co-finance  the  eligible  costs  under  the  scheme.  This  co-financing 
shall neither:  

(a) 

exceed EUR 500 millions per budget year in total; nor  

(b) 

exceed 75% of the  eligible costs,  or  90% of  the eligible costs in  the  Member 
States eligible for funding from the Cohesion Fund for the period 2007-2013, 
as listed in Annex I to Commission Decision 2006/596/EC17. 

7. 

Eligible costs under the scheme shall be: 

(a) 

the cost of products released from intervention stocks,  

(b) 

the cost of food products purchased on the market, and 

(c) 

the  costs  of  transporting  products  in  intervention  stocks  between  Member 
States, when required.  

Within  the  financial  resources  available  to  implement  the  three-year  plan  in  each 
Member State, the national competent authorities may consider eligible the following 
costs:  

17 

OJ L 243, 6.9.2006, p. 47. 

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(a) 

(b) 

costs  of  transport  of  food  products  to  the  storage  depots  of  the  designated 
organisations; 

the following costs incurred by the designated organisations, to the extent that 
they are directly linked with the implementation of the plan: 

(i) 

administrative costs; 

(ii) 

transport costs between the storage depots of the designated organisations 
and the points of final distribution, and  

(iii)  storage costs.  

8. 

9. 

Member  States  shall  carry  out  administrative  and  physical  checks  to  ensure  the 
implementation  of  the  plan  in  compliance  with  the  applicable  rules  and  shall  lay 
down the penalties applicable in cases of irregularities. 

The indication "European Union aid" accompanied by the emblem of the European 
Union shall be clearly marked on the packing of food distributed through the plans as 
well as in the distribution points. 

10. 

The Union scheme shall be without prejudice to any national schemes whereby food 
products are distributed to most deprived persons, in conformity with Union law. 

Article 18 

Delegated powers  

1. 

2. 

In order to ensure the efficient use of the budget assigned to the scheme provided for 
in Article 17, the Commission shall, by means of delegated acts, define the method 
for  calculating  the  overall  allocation  of  resources  including  the  distribution  of 
intervention products and financial  means  for  the  purchase  of  food  products  on  the 
market among Member States. It shall also define the accounting value of products 
released  from  intervention  stocks  as  well  as  the  method  to  be  used  for  any 
reallocation  of  resources  among  Member  States  as  a  result  of  a  three-year  plan 
revision. 

In order to ensure the effective and efficient use of the budget assigned to the scheme 
provided for in Article 17, and to safeguard the rights and obligations of operators, 
the Commission shall, by means of delegated acts, adopt provisions requiring the use 
of  tendering  procedures  for  all  operations  relating  to  the  execution  of  the  food 
distribution  programmes,  provisions  on  securities  to  be  lodged  by  participants  in 
tenders, and provisions on sanctions, reductions and exclusions to be applied by the 
Member  States  especially  with  regard  to  the  non  respect  of  time-limits  for 
withdrawal  of  products  from  intervention  stocks  and  in  the  case  of  serious 
shortcomings or irregularities in the execution of the three-year plan.  

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Article 19 

Implementing powers  

The  Commission  shall,  by  means  of  implementing  acts,  adopt  provisions  for  the  uniform 
implementation of the three-year plan and the national food distribution programmes 
referred to in Article 17. Those acts shall concern: 

(a) 

(b) 

(c) 

detailed  rules  and  procedures  for  the  adoption  and  revision  of  the  three-year 
plans, including applicable deadlines; 

the adoption of the three-year plans and their revisions as well as the definitive 
allocations referred to in the third subparagraph of Article 17(3); 

provisions  on  additional  elements  that  three-year  plans  shall  consist  of,  rules 
for  the  supply  of  food  products,  as  well  as  the  procedures  and  time  limits 
applicable  to  withdrawals  of  intervention  products  and  transfers  between 
Member States; 

(d)  provisions on the format of annual reports on implementation as well as of the 

national food distribution programmes; 

(e) 

detailed  rules  applying  to  the  reimbursement  of  the  costs  provided  for  in  the 
second  subparagraph  of  Article  17(7)  including  financial  ceilings  and  time 
limits; 

(f) 

uniform  conditions  pertaining  to  tender  invitations  including  conditions 
applicable to food products and their supply; 

(g)  provisions  on  administrative  and  physical  checks  to  be  undertaken  by  the 

Member states; 

(h)  uniform  provisions  concerning  payment  procedures  and  deadlines  and 
reductions  applicable  in  case  of  non-respect,  accounting  provisions  and 
procedures  for  transfers  between  Member  States  including  the  description  of 
tasks to be fulfilled by concerned national intervention bodies; 

(i) 

uniform conditions for the implementation of Article 17(9).] 

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SECTION III 

PRIVATE STORAGE 

SUBSECTION I 

MANDATORY AID 

Article 20 

Eligible products 

Aid for private storage shall be granted for the following products subject to the conditions set 
out  in  this  Section  and  to  further  requirements  and  conditions  to  be  adopted  by  the 
Commission by means of delegated acts and implementing acts pursuant to Articles 31 and 32 
in respect of: 

(i) 

(ii) 

unsalted  butter  produced  from  cream  or  milk  in  an  approved  undertaking  in  the 
Union of a minimum butterfat content, by weight, of 82 %, a maximum milk solids-
non-fat  content,  by  weight,  of  2 %  and  a  maximum  water  content,  by  weight,  of 
16 %, 

salted butter produced from cream or milk in an approved undertaking in the Union 
of a minimum butterfat content, by weight, of 80 %, a maximum milk solids-non-fat 
content,  by  weight,  of  2 %,  a  maximum  water  content,  by  weight,  of  16 %  and  a 
maximum salt content, by weight, of 2 %. 

Article 21 

Conditions and aid-level for butter 

Measures  on  the  fixing  of  aid  for  butter  shall  be  taken  by  the  Council  in  accordance  with 
Article 43(3) of the Treaty. 

SUBSECTION II 

OPTIONAL AID 

Article 22 

Eligible products 

1. 

Aid for private storage may be granted in respect of the following products subject to 
the conditions set out in this Section and to further requirements and conditions to be 

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adopted by the Commission by means of delegated and implementing acts pursuant 
to Articles 31 and 32: 

(a)  white sugar; 

(b)  olive oil; 

(c) 

fresh  or  chilled  meat  of  adult  bovine  animals  presented  in  the  form  of 
carcasses,  half-carcasses,  compensated  quarters,  forequarters  or  hindquarters, 
classified in accordance with the Union scale for the classification of carcasses 
of adult bovine animals as referred to in Article 34(1)(a); 

(d)  pigmeat; 

(e) 

sheepmeat and goatmeat. 

In  order  to  take  account  of  the  specificities  of  meat  of  adult  bovine  animals,  the 
Commission may, by means of delegated acts, amend the list of products laid down 
in point (c) of the first subparagraph if the market situation so requires. 

2. 

The Commission shall, by means of implementing acts, fix the aid for private storage 
provided for in paragraph 1 in advance or by means of tendering procedures. 

Article 23 

Conditions of granting for white sugar 

1. 

2. 

The  Commission  may,  by  means  of  implementing  acts,  taking  into  account  the 
market  situation,  decide  to  grant  aid  for  the  storage  of  white  sugar  to  undertakings 
which  are  allocated  a  sugar  quota,  if  the  average  price  recorded  in  the  Union  for 
white sugar is below the reference price during a representative period, and is likely 
to remain at that level. 

Sugar  stored  in  accordance  with  paragraph 1  during  a  marketing  year  may  not  be 
subject to any other storage measures provided for in Articles 45 or 56. 

Article 24 

Conditions of granting for olive oil 

The Commission may, by means of implementing acts, decide to authorise Member States to 
conclude  contracts  with  entities,  that  they  have  approved,  offering  sufficient  guarantees  for 
the storage of olive oil that they market in the event of a serious disturbance on the market in 
certain regions of the Union, inter alia, when the average price recorded on the market during 
a representative period is less than: 

(a) 

(b) 

EUR 1 779/tonne for extra virgin olive oil, or 

EUR 1 710/tonne for virgin olive oil, or 

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(c) 

EUR 1 524/tonne for lampante olive oil having 2 degrees of free acidity, this amount 
being reduced by EUR 36,70/tonne for each additional degree of acidity. 

Article 25 

Conditions of granting for products of the beef and veal sector 

The Commission may, by means of implementing acts, decide to grant aid for storage when 
the average Union market price recorded on the basis of the Union scale for the classification 
of  carcasses  of  adult  bovine  animals,  as  referred  to  in  Article  34(1)(a),  is,  and  is  likely  to 
remain, at less than 103 % of the reference price. 

Article 26 

Conditions of granting for pigmeat 

The Commission may, by means of implementing acts, decide to grant aid for storage of pig 
carcasses  where  the  average  market  price  in  the  Union  as  established  by  reference  to  the 
prices  recorded  in  each  Member  State  on  the  representative  markets  of  the  Union  and 
weighted by means of coefficients reflecting the relative size of the pig herd in each Member 
State is, and is likely to remain, at less than 103 % of the reference price. 

Article 27 

Conditions of granting for sheepmeat and goatmeat 

The  Commission  may,  by  means  of  implementing  acts,  decide  to  grant  aid  for  storage  for 
sheepmeat and goatmeat when there is a particularly difficult market situation for sheepmeat 
and goatmeat in one or more of the following quotation areas: 

(a) 

(b) 

(c) 

Great Britain; 

Northern Ireland; 

any Member State other than the United Kingdom, taken separately. 

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SECTION IV 

COMMON PROVISIONS ON PUBLIC INTERVENTION AND PRIVATE STORAGE 

SUBSECTION I 

GENERAL PROVISIONS 

Article 28 

Rules concerning storage 

1. 

Paying  agencies  may  not  store,  outside  the  territory  of  the  Member  State  within 
whose jurisdiction they fall, products they have bought in unless they have obtained 
prior authorisation from the Commission, by means of implementing acts, pursuant 
to Article 32. 

The territories of Belgium and Luxembourg shall be considered as a single Member 
State for the purposes of this Article. 

2. 

Authorisation  shall  be  granted  if  storage  is  essential  and  taking  into  account  the 
following factors: 

(a) 

(b) 

storage  possibilities  and  storage  requirements  in  the  Member  State  within 
whose jurisdiction the paying agency falls and in other Member States; 

any additional costs resulting from storage in the Member State within whose 
jurisdiction the paying agency falls and from transportation. 

Authorisation for storage in a third country shall be granted only if, on the basis of 
the  criteria  set  out  in  paragraph 2,  storage  in  another  Member  State  would  create 
significant difficulties. 

The  information  referred  to  in  point  (a)  of  paragraph 2  shall  be  drawn  up  after 
consulting all the Member States. 

Any customs duties and any other amounts to be granted or levied under the common 
agricultural policy shall not apply to products: 

(a) 

transported following an authorisation granted under paragraphs 1, 2 and 3, or 

(b) 

transferred from one paying agency to another. 

Any  paying  agency  acting  in  accordance  with  paragraphs 1,  2  and  3  shall  remain 
responsible  for  products  stored  outside  the  territory  of  the  Member  State  within 
whose jurisdiction it falls. 

3. 

4. 

5. 

6. 

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7. 

If products held by a paying agency outside the territory of the Member State within 
whose jurisdiction it falls are not brought back into that Member State, they shall be 
disposed of at the prices and subject to the conditions laid down or to be laid down 
for the place of storage. 

Article 29 

Rules for tendering procedures 

Tendering procedures shall ensure equality of access of all persons concerned. 

In the selection of tenders preference shall be given to those which are most favourable to the 
Union. In any case, the award of a contract shall not necessarily ensue. 

Article 30 

Intervention centres for cereals and rice  

1. 

In  order  to  take  account  of  the  diversity  of  storage  facilities  in  the  cereals  and  rice 
sectors  in  the  Union  and  to  ensure  adequate  access  to  public  intervention  for 
operators, the Commission shall, by means of delegated acts, adopt the requirements 
to be met by intervention centres and storage places for the products to be bought in 
under the system of public intervention, including the fixing of a minimum storage 
capacity for the storage places and the setting of technical requirements for keeping 
products taken over in good condition and for their disposal at the end of the storage 
period. 

2. 

The  Commission  shall,  by  means  of  implementing  acts,  designate  the  intervention 
centres in the cereals and rice sectors; taking account of the following factors: 

(a) 

situation of the centres in surplus areas in respect of the products concerned; 

(b) 

availability of sufficient premises and technical equipment; 

(c) 

favourable situation as regards means of transport. 

Intervention centres may be designated for each cereal. 

Article 31 

Delegated powers 

1. 

In order to take account of the specificities of the different sectors, the Commission 
may, by means of delegated acts, adopt the requirements and conditions to be met by 
products to be bought in under public intervention as referred to in Article 10 and to 
be stored under the system of granting an aid for private storage, in addition to the 
requirements  laid  down  in  this  present  Regulation.  Those  requirements  and 
conditions shall aim at guaranteeing the eligibility and quality of the products bought 
in  and  stored,  with  respect  to  quality  groups,  quality  grades,  categories,  quantities, 

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2. 

3. 

4. 

packaging including labelling, maximum ages, preservation, the stage of the products 
to which the intervention price and the aid relates. 

In order to take account of the specificities of the cereals and paddy rice sectors, the 
Commission may, by means of delegated acts, adopt the applicable price increases or 
reductions for quality purposes as referred to in Article 14(4) as regards both buying-
in and sales. 

In  order  to  take  account  of  the  specificities  of  the  beef  and  veal  sector,  the 
Commission  may,  by  means  of  delegated  acts,  adopt  the  provisions  relating  to  the 
obligation for the paying agencies to have all the beef boned after the take over and 
prior to the storage provisions. 

In  order  to  take  account  of  the  diversity  of  situations  relating  to  the  storage  of 
intervention stocks in the Union and to ensure adequate access to public intervention 
for operators, the Commission shall, by means of delegated acts, adopt: 

(a) 

the  requirements  to  be  met  by  intervention  storage  places  for  the  products, 
other  than  cereals  and  rice,  to  be  bought  in  under  the  system,  including  the 
fixing of a minimum storage capacity for the storage places and the setting of 
technical requirements for keeping products taken over in good condition and 
for their disposal at the end of the storage period; 

(b)  provisions  relating  to  the  sale  of  small  quantities  remaining  in  storage  in  the 
Member  States,  to  be  carried  out  under  their  own  responsibility,  by  applying 
the same procedure as those applied by the Union; and authorising to put up for 
direct sale quantities which may no longer be repackaged or are deteriorated. 

5. 

In  order  to  ensure  that  private  storage  has  the  desired  effect  on  the  market,  the 
Commission, by means of delegated acts: 

(a) 

shall take provisions for reducing the amount of aid to be paid; 

(b)  may  set  conditions  relating  to  the  granting  of  an  advance  payment  and  the 

requirements to be fulfilled. 

6. 

7. 

In order to ensure that operators respect their obligations the Commission shall, by 
means  of  delegated  acts,  adopt  measures  to  prevent  fraud  and  irregularities.  Those 
measures may include the exclusion of the concerned operators from participating in 
public  intervention  or  private  storage  aid  in  relation  with  the  detected  frauds  and 
irregularities. 

In  order  to  safeguard  the  rights  and  obligations  of  operators  participating  in  public 
intervention  or  private  storage  measures,  the  Commission  may,  by  means  of 
delegated acts, adopt the necessary provisions relating to: 

(a) 

the use of tendering procedures guaranteeing an equal access to the goods and 
an equal treatment between the operators; 

(b) 

the establishment of operators and their registration for VAT;  

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(c) 

the  lodging  of  a  security  guaranteeing  that  the  execution  of  operators' 
obligations shall be respected;  

(d) 

the forfeit of the security in whole or in part if the obligation is not respected.  

8. 

In order to take account of the technical evolution of the products, the Commission 
may, by means of delegated acts, adapt the standard qualities for sugar laid down in 
Part B of Annex IV. 

Article 32 

Implementing powers 

The Commission shall, by means of implementing acts, adopt the necessary provisions aiming 
at reaching a uniform application in the Union of this Chapter. Those rules may, in particular, 
relate to the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

the tests and methods to be applied for establishing the eligibility of products; 

for beef and veal, the definition of the representative period over which the market 
prices shall be recorded for the application of Articles 12(1)(c) and 12(2); 

the procedures and conditions related to the delivery of the products to be bought-in 
under  public  intervention,  to  the  transport  costs  to  be  borne  by  the  offerer,  to  the 
taking over of the products by paying agencies and to the payment; 

the different operations connected with the boning process; 

the  authorisation  of  storage  outside  the  territory  of  the  Member  State  where  the 
products have been bought-in and stored, as referred to in Article 28; 

the  conditions  for  the  sale  or  disposal  of  products  bought-in  under  public 
intervention, in particular, as appropriate, regarding selling prices, the conditions for 
removal from storage, the subsequent use or destination of products released where 
appropriate; 

fixing the aid for the products referred to in Article 20; 

for  sugar  and  olive  oil,  the  definition  of  the  representative  period  over  which  the 
market  prices  shall  be  recorded  for  the  application  of  Article  23  and  Article 24 
respectively; 

the  adoption  of  the  list  of  representative  markets  for  pigmeat  referred  to  in 
Article 26; 

the  conclusion  and  the  content  of  contracts  between  the  competent  authority  of  the 
Member State and the applicant; 

(k) 

the placing and keeping in private storage and to removal from storage; 

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(l) 

(m) 

(n) 

(o) 

(p) 

(q) 

(r) 

the duration of the private storage period and the conditions according to which such 
periods, once specified in the contracts, may be curtailed or extended; 

the conditions according to which it may be decided that products covered by private 
storage contracts may be re-marketed or disposed of; 

the rules relating to the procedures to be followed for buying-in at fixed price or for 
granting the aid for private storage at fixed price; 

the use of tendering procedures, both for public intervention and for private storage, 
in particular as regards: 

i) 

the lodging of offers or tenders, and where appropriate the minimum quantity 
for an application or submission, 

ii) 

the amount of securities to be lodged, 

iii) 

the communication of offers and tenders to the Commission; 

the rules concerning the reporting of prices of certain products by the Member States; 

the provisions on the checks to be carried out by the Member States; 

the information to be transmitted by the Member States to the Commission. 

Article 33 

Implementing acts to be adopted without the assistance of the Committee referred to in 
Article 323(1) 

The Commission without the assistance of the Committee referred to in Article 323(1), shall 
adopt the implementing acts in order: 

(a) 

(b) 

to respect the maximum quantities and quantitative limits set out in Article 13(1) and 
point (a) of Article 14(1);  

to switch to the tendering procedure referred to in Article 14(2), as regards common 
wheat. 

SUBSECTION II 

SPECIFIC PROVISIONS ON CARCASS CLASSIFICATION 

Article 34 

Union scales and inspections 

1. 

Union  scales  for  the  classification  of  carcasses  shall  apply  in  accordance  with  the 
rules laid down in Annex V in the following sectors: 

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2. 

1. 

2. 

(a) 

beef and veal as regards carcasses of adult bovine animals; 

(b)  pigmeat as regards carcasses of pigs other than those which have been used for 

breeding. 

In  the  sheepmeat  and  goatmeat  sector  Member  States  may  apply  a  Union  scale  for 
the classification of carcasses as regards sheep carcasses in accordance with the rules 
laid down in point C of Annex V. 

On-the-spot inspections in relation to the classification of carcasses of adult bovine 
animals and sheep shall be carried out on behalf of the Union by a Union inspection 
committee composed of experts from the Commission and experts appointed by the 
Member  States.  This  Committee  shall  report  back  to  the  Commission  and  the 
Member States on the inspections carried out. 

The Union shall bear the costs resulting from the inspections carried out. 

Article 35 

Delegated powers  

In order to take account of technical developments and of  the needs of  the  sectors, 
the  Commission  may,  by  means  of  delegated acts, adapt and update  the  definitions 
laid  down  in  Annex  V  as  well  as  the  provisions  related  to  the  classification, 
identification  and  presentation  of  adult  bovine  carcasses,  pig  carcases  and  sheep 
carcases. 

In order to standardise the presentation of the different products for the purposes of 
improving  market  transparency,  price  recording  and  the  application  of  the  market 
intervention  arrangements  in  the  form  of  public  intervention  and  private  storage  in 
the  beef  and  veal,  pig-meat  and  sheep-meat  sectors  as  applicable,  the  Commission 
may, by means of delegated acts: 

(a) 

(b) 

adopt provisions relating to the classification, grading (including by automated 
grading techniques), identification, weighing and marking of carcases; 

adopt  derogations  from  provisions,  and  additional  provisions  for  the  products 
concerned, including such regarding the classes of conformation and fat cover 
in the beef sector and further provisions as regards weight, colour of meat and 
fat cover in sheep-meat sector; 

(c) 

lay down rules on the calculation of average Union prices and the obligations 
on  operators  to  submit  information,  on  beef,  pig  and  sheep  carcases,  in 
particular as regards market and representative prices; 

(d) 

lay  down  further  rules  for  the  purpose  of  intervention  and  private  storage, 
which may relate in particular to: 

(i) 

the  measures  to  be  taken  by  slaughterhouses  as  provided  for  in  point 
A.III of Annex V; 

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(ii) 

any  derogations  which  may  be  granted  to  Member  States  which  so 
request for slaughterhouses in which few bovine animals are slaughtered; 

(e) 

define criteria for carcases of light lambs; 

(f) 

revise periodically the weighting coefficients. 

3. 

In  order  to  take  account  of  the  specificities  met  within  the  Union,  the  Commission 
may, by means of delegated acts:  

(a) 

authorise Member States to subdivide each of the classes of conformation and 
fat  cover  of  carcasses  of  adult  bovine  animals  provided  for  in  point  A.III  of 
Annex V into a maximum of three subclasses; 

(b)  provide a different presentation of carcases and half carcases than the one laid 

down in point A.IV of Annex V for the purpose of establishing market prices; 

(c) 

authorise  Member  States  not  to  make  application  of  the  grading  scale  for  pig 
carcase classification and to use assessment criteria in addition to weight and 
estimated lean-meat content;  

(d) 

adopt additional provisions and requirements including: 

(i) 

granting  authorisation  to  Member  States  to  provide  for  a  different 
presentation of pig carcases if one of the following conditions is fulfilled: 

– 

– 

– 

normal  commercial  practice  in  their  territory  differs  from  the 
standard presentation, 

technical requirements warrant it, 

carcasses are dehided in a uniform manner; 

(ii)  granting authorisation to Member States to permit different presentations 

of sheep carcasses when the reference presentation is not used;  

(e) 

provide  for  Member  States  to  apply  administrative  penalties  to  prevent 
infringements,  such  as,  in  particular,  the  falsification  and  fraudulent  use  of 
stamps and labels, or classification carried out by unlicensed personnel. 

In  order  to  ensure  the  accuracy  and  reliability  of  the  classification  of  carcases  of 
adult  bovines,  pigs  and  sheep,  the  Commission  shall,  by  means  of  delegated  acts, 
provide that the classification be carried out by sufficiently qualified classifiers. 

In order to guarantee the reliability of the classification scale the Commission may, 
by means of delegated acts, adopt provisions relating to the checks to be carried out 
and to the consequences to be drawn in case of inadequate application. 

In  order  to  ensure  that  the  Union  inspection  committee  fulfils  its  objectives,  the 
Commission may, by means of delegated acts, determine its responsibilities and the 
way it is composed. 

4. 

5. 

6. 

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Article 36 

Implementing powers  

The Commission shall, by means of implementing acts, lay down detailed rules on: 

(a) 

the  implementation  of  Union  scales  for  the  classification  of  beef,  pig  and  sheep 
carcases in particular as regards: 

(i) 

communication of classification results, 

(ii)  on-the-spot checks, inspection reports and follow-up actions, 

(iii)  on-the-spot  inspections  in  relation  to  the  classification  of  carcasses  of  adult 
bovine  animals  and  sheep  on  behalf  of  the  Union  by  Union  inspection 
committee; 

reporting by Member States to the Commission of accurate information, in particular 
in relation to prices of beef, pig and sheep carcases; 

reporting  of  information  on  slaughterhouses  and  other  entities,  which  record  prices 
and regions for which prices are recorded in beef sector; 

on-the-spot  inspections  in  relation  to  price  reporting  of  carcasses  of  adult  bovine 
animals and sheep on behalf of the Union by a Union inspection committee. 

(b) 

(c) 

(d) 

CHAPTER II 

Special intervention measures 

SECTION I 

EXCEPTIONAL MARKET SUPPORT MEASURES 

Article 37 

Animal diseases 

1. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  exceptional  support 
measures  for  the  affected  market  in  order  to  take  account  of  restrictions  on  intra-
Union and third-country trade which may result from the application of measures for 
combating the spread of diseases in animals. 

The  measures  provided  for  in  the  first  subparagraph  shall  apply  to  the  following 
sectors: 

(a) 

beef and veal; 

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(b)  milk and milk products; 

(c) 

pigmeat; 

(d) 

sheepmeat and goatmeat; 

(e) 

eggs; 

(f) 

poultrymeat. 

2. 

The measures provided for in the first subparagraph of paragraph 1 shall be taken at 
the request of the Member State(s) concerned. 

They  may  be  taken  only  if  the  Member  State(s)  concerned  has  (have)  taken  health 
and veterinary measures quickly to stamp out the disease, and only to the extent and 
for the duration strictly necessary to support the market concerned. 

Article 38 

Loss in consumer confidence 

With  regard  to  the  poultrymeat  and  eggs  sectors,  the  Commission  may,  by  means  of 
implementing  acts,  adopt  exceptional  market  support  measures  in  order  to  take  account  of 
serious market disturbances directly attributed to a loss in consumer confidence due to public 
health, or animal health risks. 

Those measures shall be taken at the request of the Member State(s) concerned. 

Article 39 

Financing 

1. 

For exceptional measures referred to in Articles 37 and 38, the Union shall provide 
part-financing equivalent to 50 % of the expenditure borne by Member States. 

However,  with  regard  to  the  beef  and  veal,  milk  and  milk  products,  pigmeat  and 
sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 
60 % of such expenditure when combating foot-and-mouth disease. 

2. 

Member States shall ensure that, where producers contribute to the expenditure borne 
by  Member  States,  this  does  not  result  in  distortion  of  competition  between 
producers in different Member States. 

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SECTION II 

MEASURES IN THE CEREALS AND RICE SECTORS 

Article 40 

Special market measures in the cereals sector 

1. 

2. 

1. 

2. 

In  order  to  react  efficiently  and  effectively  against  threats  of  market  disturbance, 
where the market situation so dictates, the Commission may, by means of delegated 
acts, adopted where necessary under the urgency procedure, take special intervention 
measures  in  respect  of  the  cereals  sector.  Such  intervention  measures  may  in 
particular  be  taken  if,  in  one  or  more  regions  of  the  Union,  market  prices  fall,  or 
threaten to fall, in relation to the intervention price. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related  to  this  Article.  Those  measures  may,  in  particular,  relate  to  procedures, 
notifications, technical criteria and administrative or physical checks to be conducted 
by the Member States. 

Article 41 

Special market measures in the rice sector 

In  order  to  react  efficiently  and  effectively  against  threats  of  market  disturbance  in 
the  rice  sector,  the  Commission  may,  by  means  of  delegated  acts,  adopted  where 
necessary under the urgency procedure, take special measures to: 

(a) 

prevent  large-scale  application  of  public  intervention,  as  provided  for  in 
Section II of Chapter I of this Part, in certain regions of the Union; 

(b)  make up for paddy rice shortages following natural disasters. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  necessary 
measures  related  to  this  Article.  Those  measures  may,  in  particular,  relate  to 
procedures, notifications, technical criteria and administrative or physical checks to 
be conducted by the Member States. 

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SECTION III 

MEASURES IN THE SUGAR SECTOR 

Article 42 

Minimum beet price 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The  minimum  price  for  quota  beet  shall  be  EUR  26,29  per  tonne  as  from  the 
marketing year 2009/2010. 

The  minimum  price  referred  to  in  paragraph 1  shall  apply  to  sugar  beet  of  the 
standard quality defined in Part B of Annex IV. 

Sugar undertakings buying quota beet suitable for processing into sugar and intended 
for processing into quota sugar shall be required to pay at least the minimum price, 
adjusted  by  price  increases  or  reductions  to  allow  for  deviations  from  the  standard 
quality. 

In  order  to  adjust  the  price  where  the  actual  quality  of  sugar  beet  differs  from  the 
standard  quality,  the  increases  and  reductions  referred  to  in  the  first  subparagraph 
shall be applied in accordance with rules laid down by the Commission by means of 
delegated acts pursuant to Article 46(a). 

For the quantities of sugar beet corresponding to the quantities of industrial sugar or 
surplus sugar that are subject to the surplus levy provided for in Article 57, the sugar 
undertaking concerned shall adjust the purchase price so that it is at least equal to the 
minimum price for quota beet. 

Article 43 

Interprofessional agreements 

Agreements within the trade and delivery contracts shall conform to paragraph 3 and 
to  purchase  terms,  which  are  to  be  determined  by  the  Commission  by  means  of 
delegated  acts  pursuant  to  Article  46(b),  in  particular  as  regards  the  conditions 
governing the purchase, delivery, taking over and payment of beet. 

The  terms  for  buying  sugar  beet  and  sugar  cane  shall  be  governed  by  agreements 
within the trade concluded between Union growers of these raw materials and Union 
sugar undertakings. 

In delivery contracts, a distinction shall be made according to whether the quantities 
of sugar to be manufactured from sugar beet will be: 

(a) 

quota sugar; or 

(b)  out-of-quota sugar. 

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4. 

Each sugar undertaking shall provide the Member State in which it produces sugar 
with the following information: 

(a) 

the  quantities  of  beet  referred  to  in  point  (a)  of  paragraph 3,  for  which  they 
have concluded pre-sowing delivery contracts and the sugar content on which 
those contracts are based; 

5. 

6. 

7. 

1. 

2. 

3. 

(b) 

the corresponding estimated yield. 

Member States may require additional information. 

Sugar  undertakings  which  have  not  signed  pre-sowing  delivery  contracts  at  the 
minimum price for quota beet for a quantity of beet equivalent to the sugar for which 
they hold a quota, adjusted, as the case may be,  by the coefficient for a preventive 
withdrawal fixed pursuant to the first subparagraph of Article 45(2), shall be required 
to pay at least the minimum price for quota beet for all the sugar beet they process 
into sugar. 

Subject to the approval of the Member State concerned, agreements within the trade 
may derogate from paragraphs 3, 4 and 5. 

If  no  agreements  within  the  trade  exist,  the  Member  State  concerned  shall  take  the 
necessary steps compatible with this Regulation to protect the interests of the parties 
concerned. 

Article 44 

Production charge 

A production charge shall be levied on the sugar quota, the isoglucose quota and the 
inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup 
as referred to in Article 50(2). 

The  production  charge  shall  be  set  at  EUR 12,00  per  tonne  of  the  quota  sugar  and 
quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the 
charge applicable to sugar. 

The  totality  of  the  production  charge  paid  in  accordance  with  paragraph 1  shall  be 
charged  by  the  Member  State  to  the  undertakings  on  its  territory  according  to  the 
quota held during the marketing year concerned. 

Payments shall be made by the undertakings by the end of February of the relevant 
marketing year at the latest. 

4. 

Union  sugar  and  inulin  syrup  undertakings  may  require  sugar-beet  or  sugar-cane 
growers or chicory suppliers to bear up to 50 % of the production charge concerned. 

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1. 

2. 

3. 

4. 

5. 

Article 45 

Withdrawal of sugar 

In  order  to  preserve  the  structural  balance  of  the  market  at  a  price  level  which  is 
close  to  the  reference  price,  taking  into  account  the  commitments  of  the  Union 
resulting  from  agreements  concluded  in  accordance  with  Article 218  of  the  Treaty, 
the Commission may, by means of implementing acts, decide to withdraw from the 
market, for a given marketing year, those quantities of sugar or isoglucose produced 
under quotas which exceed the threshold calculated in accordance with paragraph 2 
of this Article. 

The  withdrawal  threshold  referred  to  in  paragraph 1  shall  be  calculated,  for  each 
undertaking holding a quota, by multiplying its quota by a coefficient, which may be 
fixed  by  the  Commission  by  means  of  implementing  acts  by  16 March  of  the 
previous marketing year, on the basis of expected market trends. 

On  the  basis  of  updated  market  trends,  the  Commission  may  by  31 October  of  the 
marketing year concerned, by means of implementing acts, decide either to adjust or, 
in the case where no coefficient has been fixed pursuant to the first subparagraph, to 
fix a coefficient. 

Each  undertaking  provided  with  a  quota  shall  store  at  its  own  expense  until  the 
beginning  of  the  following  marketing  year  the  sugar  produced  under  quota  beyond 
the  threshold  calculated  in  accordance  with  paragraph 2.  The  sugar  or  isoglucose 
quantities withdrawn during a marketing year shall be treated as the first quantities 
produced under quota for the following marketing year. 

By way of derogation from the first subparagraph, taking into account the expected 
sugar market trends, the Commission may, by means of implementing acts, decide to 
consider,  for  the  current  and/or  the  following  marketing  year,  all  or  part  of  the 
withdrawn sugar or isoglucose as: 

(a) 

(b) 

surplus  sugar  or  surplus  isoglucose  available  to  become  industrial  sugar  or 
industrial isoglucose; or 

temporary  quota  production  of  which  a  part  may  be  reserved  for  export 
respecting the commitments of the Union resulting from agreements concluded 
in accordance with Article 218 of the Treaty. 

If  sugar  supply  in  the  Union  is  inadequate,  the  Commission  may,  by  means  of 
implementing acts, decide that a certain quantity of withdrawn sugar may be sold on 
the Union market before the end of the period of withdrawal. 

In  the  case  where  withdrawn  sugar  is  treated  as  the  first  sugar  production  of  the 
following marketing year, the minimum price of that marketing year shall be paid to 
beet growers. 

In the case where withdrawn sugar becomes industrial sugar or is exported according 
to points (a) and (b) of paragraph 3 of this Article, the requirements of Article 42 on 
the minimum price shall not apply. 

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In the case where withdrawn sugar is sold on the Union market before the end of the 
period  of  withdrawal  according  to  paragraph 4,  the  minimum  price  of  the  ongoing 
marketing year shall be paid to beet growers. 

Article 46 

Delegated powers 

In order to take into account the specificities of the sugar sector and to ensure that the interests 
of all parties are duly taken into account, the Commission may, by means of delegated acts, 
adopt rules on: 

(a) 

(b) 

(c) 

the price adjustments to be applied as provided for in Article 42(3); 

delivery contracts and purchase terms as referred to Article 43(1);  

the  criteria  to  be  applied  by  the  sugar  undertakings  when  allocating  among  beet 
sellers  the  quantities  of  beet  to  be  covered  by  pre-sowing  delivery  contracts  as 
referred to in Article 43(4).  

SECTION IV 

ADJUSTMENT OF SUPPLY 

Article 47 

Measures to facilitate the adjustment of supply to market requirements 

In order to encourage action by trade organisations and joint trade organisations to facilitate 
the  adjustment  of  supply  to  market  requirements,  with  the  exception  of  action  relating  to 
withdrawal  from  the  market,  the  Commission  may,  by  means  of  delegated  acts,  take  the 
following  measures  in  respect  of  the  live  plants,  beef  and  veal,  pigmeat,  sheepmeat  and 
goatmeat, eggs and poultrymeat sectors: 

(a) 

(b) 

(c) 

(d) 

measures to improve quality; 

measures to promote better organisation of production, processing and marketing; 

measures to facilitate the recording of market price trends; 

measures to permit the establishment of short and long-term forecasts on the basis of 
the means of production used. 

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Article 48 

Implementing powers 

The Commission may, by means of implementing acts, adopt rules related to procedures and 
technical conditions as regards the implementation of the measures referred to in Article 47. 

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CHAPTER III 

Systems of production limitation 

SECTION I 

GENERAL PROVISIONS 

Article 49 

Quota systems and production potential 

1. 

A quota system shall apply to the following products: 

(a)  milk  and  other  milk  products  within  the  meaning  of  points  (a)  and  (b)  of 

Article 58(1); 

(b) 

sugar, isoglucose and inulin syrup. 

2. 

3. 

As regards the quota systems referred to in paragraph 1 of this Article, if a producer 
exceeds  the  relevant  quota  and,  with  regard  to  sugar,  isoglucose  and  inulin  syrup, 
does not make use of the surplus quantities as provided for in Article 54, a surplus 
levy  shall  be  payable  on  such  quantities,  subject  to  the  conditions  set  out  in 
Sections II and III. 

In  relation  to  the  wine  sector,  rules  concerning  production  potential  as  regards 
unlawful plantings, transitional planting rights as well as a grubbing-up scheme shall 
apply in accordance with the provisions set out in Section V. 

SECTION II 

SUGAR 

SUBSECTION I 

QUOTA ALLOCATION AND MANAGEMENT 

Article 50 

Quota allocation 

1. 

The  quotas  for  the  production  of  sugar,  isoglucose  and  inulin  syrup  at  national  or 
regional level are fixed in Annex VI. 

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2. 

3. 

1. 

Member  States  shall  allocate  a  quota  to  each  undertaking  producing  sugar, 
isoglucose  or  inulin  syrup  established  in  their  territory  and  approved  in  accordance 
with Article 51. 

For  each  undertaking,  the  allocated  quota  shall  be  equal  to  the  quota  under 
Regulation (EC)  No 318/2006  which  was  allocated  to  the  undertaking  for  the 
marketing year 2007/2008. 

In  case  of  allocation  of  a  quota  to  a  sugar  undertaking  having  more  than  one 
production unit, the Member States shall adopt the measures they consider necessary 
in order to take due account of the interests of sugar beet and cane growers. 

Article 51 

Approved undertakings 

On  request,  Member  States  shall  grant  an  approval  to  an  undertaking  producing 
sugar, isoglucose or inulin syrup or to an undertaking that processes these products 
into  a  product  included  in  the  list  referred  to  in  Article 55(2)  provided  that  the 
undertaking: 

(a) 

proves its professional production capacities; 

(b) 

agrees to provide any information and to be subject to controls related to this 
Regulation; 

(c) 

is not subject to suspension or withdrawal of the approval. 

2. 

The  approved  undertakings  shall  provide  the  Member  State  in  whose  territory  the 
harvest of beet, cane or the refining takes place, with the following information: 

(a) 

the quantities of beet or cane for which a delivery contract has been concluded, 
as  well  as  the  corresponding  estimated  yields  of  beet  or  cane,  and  sugar  per 
hectare; 

(b)  data  regarding  provisional  and  actual  sugar  beet,  sugar  cane  and  raw  sugar 
deliveries, and regarding sugar production and statements of sugar stocks; 

(c) 

quantities of white sugar sold and corresponding prices and conditions. 

Article 52 

Adjustment of the national quotas  

The Commission shall, by means of delegated acts, adjust the quotas set out in Annex VI as a 
result of Member States' decisions taken in accordance with Article 53. 

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Article 53 

National quota reallocation and reduction of quotas 

1. 

2. 

3. 

A  Member  State  may  reduce  the  sugar  or  isoglucose  quota  allocated  to  an 
undertaking  established  on  its  territory  by  up  to 10 %  for  the  marketing  year 
2008/2009 and following. In doing so, the Member States shall apply objective and 
non discriminatory criteria. 

Member  States  may  transfer  quotas  between  undertakings  in  accordance  with  the 
rules laid  down  in  Annex VII  and taking into  consideration  the  interests  of  each  of 
the parties concerned, particularly sugar beet and cane growers. 

The  quantities  reduced  pursuant  to  paragraphs 1  and  2  shall  be  allocated  by  the 
Member State in question to one or more undertakings on its territory, whether or not 
holding a quota. 

SUBSECTION II 

QUOTA OVERRUN 

Article 54 

Scope  

The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota 
referred to in Article 50 may be: 

(a) 

(b) 

(c) 

(d) 

used for the processing of certain products as referred to in Article 55; 

carried  forward  to  the  quota  production  of  the  next  marketing  year,  in  accordance 
with Article 56; 

used  for  the  specific  supply  regime  for  the  outermost  regions,  in  accordance  with 
[Chapter III of Regulation [ex (EC) No 247/2006] of the European Parliament and of 
the Council; or 

exported  within  the  quantitative  limit  fixed  by  the  Commission  by  means  of 
implementing acts, respecting the commitments resulting from agreements concluded 
in accordance with Article 218 of the Treaty.  

Other quantities shall be subject to the surplus levy referred to in Article 57. 

Article 55 

Industrial sugar 

1. 

Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for 
the production of one of the products referred to in paragraph 2 when: 

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(a) 

it  has  been  subject  to  a  delivery  contract  concluded  before  the  end  of  the 
marketing  year  between  a  producer  and  a  user  which  have  both  been  granted 
approval in accordance with Article 51; and 

(b) 

it  has  been  delivered  to  the  user  by  30 November  of  the  following  marketing 
year at the latest. 

2. 

In order to take account of technical developments, the Commission may, by means 
of  delegated  act,  draw  up  a  list  of  products  for  the  production  of  which  industrial 
sugar, industrial isoglucose or industrial inulin syrup may be used. 

The list shall in particular include: 

(a) 

(b) 

(c) 

bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and 
those to be processed into Rinse appelstroop; 

certain  industrial  products  without  sugar  content  but  the  processing  of  which 
uses sugar, isoglucose or inulin syrup; 

certain  products  of  the  chemical  or  pharmaceutical  industry  which  contain 
sugar, isoglucose or inulin syrup. 

Article 56 

Carry forward of surplus sugar 

1. 

Each undertaking may decide to carry forward all or part of its production in excess 
of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part 
of  the  next  marketing  year's  production.  Without  prejudice  to  paragraph 3,  that 
decision shall be irrevocable. 

2. 

Undertakings which take the decision referred to in paragraph 1 shall: 

(a) 

inform  the  Member  State  concerned  before  a  date  to  be  determined  by  that 
Member State: 

– 

– 

between  1  February  and  15  August  of  the  current  marketing  year  for 
quantities of cane sugar being carried forward, 

between  1  February  and  15  August  of  the  current  marketing  year  for 
other quantities of sugar or inulin syrup being carried forward; 

(b)  undertake  to  store  such  quantities  at  their  own  expense  until  the  end  of  the 

current marketing year. 

3. 

If  an  undertaking's  definitive  production  in  the  marketing  year  concerned  was  less 
than the estimate made when the decision in accordance with paragraph 1 was taken, 
the  quantity  carried  forward  may  be  adjusted  retroactively  by  31 October  of  the 
following marketing year at the latest. 

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4. 

5. 

The  quantities  carried  forward  shall  be  deemed  to  be  the  first  quantities  produced 
under the quota of the following marketing year. 

Sugar  stored  in  accordance  with  this  Article  during  a  marketing  year  may  not  be 
subject to any other storage measures provided for in Articles 23 or 45. 

Article 57 

Surplus levy 

1. 

A surplus levy shall be levied on quantities of: 

(a) 

(b) 

surplus sugar, surplus isoglucose and surplus inulin syrup produced during any 
marketing year, except for quantities carried forward to the quota production of 
the  following  marketing  year  and  stored  in  accordance  with  Article 56  or 
quantities referred to in points (c) and (d) of Article 54; 

industrial sugar, industrial isoglucose and industrial inulin syrup for which no 
proof  has  been  supplied,  by  a  date  to  be  determined  by  the  Commission  by 
means of implementing acts, that it has been processed into one of the products 
referred to in Article 55(2); 

(c) 

sugar and isoglucose withdrawn from the market in accordance with Article 45 
and for which the obligations provided for in Article 45(3) are not met. 

2. 

3. 

The surplus levy shall be fixed by the Commission by means of implementing acts at 
a sufficiently high level in order to avoid the accumulation of quantities referred to in 
paragraph 1. 

The surplus levy referred to in paragraph 1 shall be charged by the Member State to 
the undertakings on its territory according to the quantities of production referred to 
in  paragraph 1  that  have  been  established  for  those  undertakings  for  the  marketing 
year concerned. 

SECTION III 

MILK 

SUBSECTION I 

GENERAL PROVISIONS 

Article 58 

Definitions 

1. 

For the purposes of this Section: 

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(a) 

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

(b) 

‘other  milk  products’  means  any  milk  product  other  than  milk,  in  particular 
skimmed milk, cream, butter, yoghurt and cheese, which, when relevant, shall 
be converted into ‘milk equivalents’ by applying coefficients to be fixed by the 
Commission by means of implementing acts; 

(c) 

‘producer’  means  a  farmer  with  a  holding  located  within  the  geographical 
territory  of  a  Member  State,  who  produces  and  markets  milk  or  who  is 
preparing to do so in the very near future; 

(d) 

‘holding’  means  a  holding  as  defined  in  Article 2(b)  of  Regulation  (EC)  No 
73/2009; 

(e) 

‘purchaser’ means undertakings or groups which buy milk from producers: 

– 

– 

to  subject  it  to  collecting,  packing,  storing,  chilling  or  processing, 
including under contract, 

to sell it to one or more undertakings treating or processing milk or other 
milk products; 

‘delivery’ means any delivery of milk, not including any other milk products, 
by  a  producer  to  a  purchaser,  whether  the  transport  is  carried  out  by  the 
producer, a purchaser, an undertaking processing or treating such products or a 
third party; 

‘direct  sale’  means  any  sale  or  transfer  of  milk  by  a  producer  directly  to 
consumers, as well as any sale or transfer of other milk products by a producer; 

‘marketing’  means  deliveries  of  milk  or  direct  sales  of  milk  or  other  milk 
products; 

‘individual  quota’  means  a  producer's  quota  at  1  April  of  any  twelve-month 
period; 

‘national  quota’  means  the  quota  referred  to  in  Article 59,  fixed  for  each 
Member State; 

‘available  quota’  means  the  quota  available  to  producers  on  31  March  of  the 
twelve-month period for which the surplus levy is calculated, taking account of 
all  transfers,  sales,  conversions  and  temporary  re-allocations  provided  for  in 
this Regulation which have taken place during that twelve-month period.  

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

2. 

As regards the definition given in point (e) of paragraph 1, any group of purchasers 
in  the  same  geographical  area  which  carries  out  the  administrative  and  accounting 
operations  necessary  for  the  payment  of  the  surplus  levy  on  behalf  of  its  members 
shall  be  regarded  as  a  purchaser.  For  that  purpose,  Greece  shall  be  considered  a 
single  geographical  area  and  it  may  deem  an  official  body  to  be  a  group  of 
purchasers. 

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3. 

4. 

1. 

2. 

3. 

4. 

5. 

1. 

In  order  to  ensure,  in  particular,  that  no  quantity  of  marketed  milk  or  other  milk 
products  is  excluded  from  the  quota  arrangements,  the  Commission  may,  while 
respecting  the  definition  of  ‘delivery’  given  in  point (f)  of  paragraph  1,  adjust  the 
definition of ‘direct sale’ by means of delegated acts pursuant to Article 80(1)(i).  

In order to ensure that all specific situations are covered by the milk quota system, 
the Commission shall, by means of delegated acts pursuant to Article 80(1)(h), adopt 
specific definitions relating to the operation of the system. 

SUBSECTION II 

QUOTA ALLOCATION AND MANAGEMENT 

Article 59 

National quotas 

The  national  quotas  for  the  production  of  milk  and  other  milk  products  marketed 
during  seven  consecutive  periods  of  twelve  months  commencing  on  1 April  2008 
(hereinafter referred to as ‘twelve-month periods’) are fixed in Annex VIII. 

The  quotas  referred  to  in  paragraph 1  shall  be  divided  between  producers  in 
accordance  with  Article 60,  distinguishing  between  deliveries  and  direct  sales.  Any 
overrun of the national quotas shall be determined nationally in each Member State, 
in  accordance  with  this  Section  and  making  a  distinction  between  deliveries  and 
direct sales. 

The  national  quotas  set  out  in  of  Annex VIII  shall  be  fixed  without  prejudice  to 
possible review in the light of the general market situation and particular conditions 
existing in certain Member States. 

For  Bulgaria,  the  Czech  Republic,  Estonia,  Cyprus,  Latvia,  Lithuania,  Hungary, 
Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all 
milk  or  milk  equivalent  delivered  to  a  purchaser  or  sold  directly,  irrespective  of 
whether it is produced or marketed under a transitional measure applicable in those 
countries. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all  necessary  rules 
related to the uniform implementation of this Article in Member States. Those rules 
may relate to procedures, notifications and technical criteria. 

Article 60 

Individual quotas 

The  producers'  individual  quota  or  quotas  at  1 April  2008  shall  be  equal  to  their 
individual  quotas  at  31 March  2008  without  prejudice  to  transfers,  sales  and 
conversions of quota that take effect on 1 April 2008. 

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2. 

3. 

4. 

5. 

Producers may have either one or two individual quotas, one for deliveries and  the 
other for direct sales. A producer's quantities may be converted from one quota to the 
other  only  by  the  competent  authority  of  the  Member  State,  at  the  duly  justified 
request of the producer. 

Where a producer has two quotas, his contribution to any surplus levy due shall be 
calculated separately for each. 

The  part  of  the  Finnish  national  quota  allocated  to  the  deliveries  referred  to  in 
Article 59  may  be  increased  by  the  Commission  by  means  of  implementing  acts  to 
compensate  Finnish  SLOM  producers  up  to  200 000 tonnes.  This  reserve,  to  be 
allocated in accordance with Union legislation, must be used exclusively on behalf of 
producers  whose  right  to  take  up  production  again  has  been  affected  as  a  result  of 
accession. 

Individual quotas shall be modified, where appropriate, for each of the twelve-month 
periods concerned, so that, for each Member State, the sum of the individual quotas 
for the deliveries and that for the direct sales does not exceed the corresponding part 
of  the  national  quota  adapted  in  accordance  with  Article 62,  taking  account  of  any 
reductions made for allocation to the national reserve as provided for in Article 64. 

Article 61 

Allocation of quotas from the national reserve 

Member  States  shall  adopt  rules  allowing  for  allocation  to  producers  of  all  or  part  of  the 
quotas from the national reserve provided for in Article 64 on the basis of objective criteria to 
be notified to the Commission. 

Article 62 

Management of quotas 

1. 

2. 

The  Commission  shall  adapt,  by  means  of  implementing  acts  pursuant  to  Article 
81(a), for each Member State and for each period, before the end of that period, the 
division  between  'deliveries'  and  'direct  sales'  of  national  quotas,  in  the  light  of  the 
conversions requested by producers, between individual quotas for deliveries and for 
direct sales. 

Member States shall each year forward to the Commission, by dates to be fixed by 
the Commission, by means of implementing acts and according to rules to be fixed 
by the Commission, by means of implementing acts pursuant to Article 316(3), the 
information necessary to: 

(a)  make the adaptation referred to in paragraph 1 of this Article; 

(b) 

calculate the surplus levy to be paid by them. 

3. 

Rules relating to this Article shall be adopted by means of delegated acts pursuant to 
Article 80(2)(b) and by implementing acts pursuant to Article 81(g). 

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Article 63 

Fat content 

1. 

2. 

3. 

4. 

5. 

1. 

2. 

Each  producer  shall  be  assigned  a  reference  fat  content,  to  be  applied  to  the 
individual quota for deliveries allocated to that producer. 

For  the  quotas  allocated  to  producers  on  31 March  2008  in  accordance  with 
Article 60(1), the reference fat content referred to in paragraph 1 shall be the same as 
the reference fat content applied to that quota at that date. 

The  reference  fat  content  shall  be  altered  during  the  conversion  referred  to  in 
Article 60(2) and where quotas are acquired, transferred or temporarily transferred in 
accordance  with  rules  to  be  established  by  the  Commission  by  means  of 
implementing acts pursuant to Article 81(b). 

For new producers having an individual quota for deliveries allocated entirely from 
the  national  reserve,  the  fat  content  shall  be  fixed  in  accordance  with  rules  to  be 
established  by  the  Commission  by  means  of  implementing  acts  pursuant  to  Article 
81(b). 

The  individual  reference  fat  content  referred  to  in  paragraph 1  shall  be  adjusted, 
where appropriate, upon the entry into force of this Regulation and thereafter, at the 
beginning of each twelve-month period as necessary, so that, for each Member State, 
the weighted average of the individual representative fat contents does not exceed by 
more than 0,1 gram per kg the reference fat content set in Annex IX. 

Article 64 

National reserve 

Each Member State shall set up a national reserve as part of the national quotas fixed 
in  Annex VIII,  in  particular  with  a  view  to  making  the  allocations  provided  for  in 
Article 61. The national reserve shall be replenished, as appropriate, by withdrawing 
some quantities as provided for in Article 65, retaining part of transfers as provided 
for in Article 69, or by making an across-the-board reduction in all individual quotas. 
The  quotas  in  question  shall  retain  their  original  purpose,  i.e.  deliveries  or  direct 
sales. 

Any  additional  quota  allocated  to  a  Member  State  shall  automatically  be  placed  in 
the  national  reserve  and  divided  into  deliveries  and  direct  sales  according  to 
foreseeable needs. 

3. 

The quotas placed in the national reserve shall not have a reference fat content. 

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Article 65 

Cases of inactivity 

1. 

2. 

3. 

1. 

When  a  natural  or  legal  person  holding  individual  quotas  no  longer  meets  the 
conditions referred to in point (c) of Article 58(1) during a twelve-month period, the 
corresponding quantities shall revert to the national reserve no later than 1 April of 
the following calendar year, unless that person becomes once again a producer within 
the meaning of point (c) of Article 58(1) before that date. 

Where  that  person  becomes  once  again  a  producer  not  later  than  the  end  of  the 
second twelve-month period following withdrawal, all or part of the individual quota 
which had been withdrawn shall revert to that person no later than 1 April following 
the date of application. 

Where producers do not market a quantity equal to at least 85 % of their individual 
quota during at least one twelve-month period, Member States may decide whether 
and  on  what  conditions  all  or  part  of  the  unused  quota  shall  revert  to  the  national 
reserve. 

Member States may determine on what conditions a quota shall be re-allocated to the 
producer concerned should he resume marketing. 

Paragraphs 1  and  2  shall  not  apply  in  cases  of  force  majeure  and  in  duly  justified 
cases  temporarily affecting the  production capacity of the producers concerned and 
recognised by the competent authority. 

Article 66 

Temporary transfers 

By  the  end  of  each  twelve-month  period,  Member  States  shall  authorise,  for  the 
period  concerned,  any  temporary  transfers  of  part  of  individual  quotas  which  the 
producers who are entitled thereto do not intend to use. 

Member  States  may  regulate  transfer  operations  according  to  the  categories  of 
producers or milk production structures concerned, may limit them to the level of the 
purchaser or within regions, authorise complete transfers in the cases referred to in 
Article 65(3)  and  determine  to  what  extent  the  transferor  can  repeat  transfer 
operations. 

2. 

Any Member State may decide not to implement paragraph 1 on the basis of one or 
both of the following criteria: 

(a) 

the need to facilitate structural changes and adjustments; 

(b)  overriding administrative needs. 

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Article 67 

Transfers of quotas together with land 

1. 

2. 

3. 

4. 

Individual quotas shall be transferred with the holding to the producers taking it over 
when it is sold, leased, transferred by actual or anticipated inheritance or any other 
means  involving  comparable  legal  effects  for  the  producers,  in  accordance  with 
detailed  rules  to  be  determined  by  the  Member  States,  taking  account  of  the  areas 
used  for  dairy  production  or  other  objective  criteria  and,  where  applicable,  of  any 
agreement  between  the  parties.  The  part  of  the  quota  which,  where  applicable,  has 
not been transferred with the holding shall be added to the national reserve. 

Where quotas have been or are transferred in accordance with paragraph 1 by means 
of rural leases or by other means involving comparable legal effects, Member States 
may decide, on the basis of objective criteria and with the aim of ensuring that quotas 
are  attributed  solely  to  producers,  that  the  quota  shall  not  be  transferred  with  the 
holding. 

Where  land  is  transferred  to  the  public  authorities  and/or  for  use  in  the  public 
interest,  or  where  the  transfer  is  carried  out  for  non-agricultural  purposes,  Member 
States  shall  ensure  that  the  necessary  measures  are  taken  to  protect  the  legitimate 
interests of the parties, and in particular, that producers giving up such land are in a 
position to continue milk production if they so wish. 

Where  there  is  no  agreement  between  the  parties,  in  the  case  of  tenancies  due  to 
expire without any possibility of renewal on similar terms, or in situations involving 
comparable  legal  effects,  the  individual  quotas  in  question  shall  be  transferred  in 
whole  or  in  part  to  the  producer  taking  them  over,  in  accordance  with  provisions 
adopted  by  the  Member  States,  taking  account  of  the  legitimate  interests  of  the 
parties. 

Article 68 

Special transfer measures 

1. 

With  a  view  to  successfully  restructuring  milk  production  or  improving  the 
environment, Member States may, in accordance with detailed rules which they shall 
lay down, taking account of the legitimate interests of the parties concerned: 

(a) 

grant  compensation  in  one  or  more  annual  instalments  to  producers  who 
undertake to abandon permanently all or part of their milk production and place 
the individual quotas thus released in the national reserve; 

(b)  determine on the basis of objective criteria the conditions on which producers 
may obtain, in return for payment, at the beginning of a twelve-month period, 
the  re-allocation  by  the  competent  authority  or  a  body  designated  by  that 
authority of individual quotas released definitively at the end of the preceding 
twelve-month period by other producers in return for compensation in one or 
more annual instalments equal to the abovementioned payment; 

(c) 

centralise and supervise transfers of quotas without land; 

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(d)  provide,  in  the  case  of  land  transferred  with  a  view  to  improving  the 
environment, for the individual quota concerned to be allocated to a producer 
giving up the land but wishing to continue milk production; 

(e) 

(f) 

determine,  on  the  basis  of  objective  criteria,  the  regions  or  collection  areas 
within  which  the  permanent  transfer  of  quotas  without  transfer  of  the 
corresponding  land  is  authorised,  with  the  aim  of  improving  the  structure  of 
milk production; 

authorise, upon application by a producer to the competent authority or a body 
designated by that authority, the definitive transfer of quotas without transfer of 
the corresponding land, or vice versa, with the aim of improving the structure 
of milk production at the level of the holding or to allow for extensification of 
production. 

2. 

Paragraph 1 may be implemented at national level, at the appropriate territorial level 
or in specified collection areas. 

Article 69 

Retention of quotas 

1. 

2. 

In the case of transfers as referred to in Articles 67 and 68 Member States may, on 
the  basis  of  objective  criteria,  retain  part  of  the  individual  quotas  for  their  national 
reserve. 

Where  quotas  have  been  or  are  transferred  in  accordance  with  Articles 67  and  68 
with or without the corresponding land by means of rural leases or by other means 
involving  comparable  legal  effects,  Member  States  may  decide,  on  the  basis  of 
objective  criteria  and  with  the  aim  of  ensuring  that  quotas  are  attributed  solely  to 
producers,  whether  and  under  which  conditions  all  or  part  of  the  transferred  quota 
shall revert to the national reserve. 

Article 70 

Aid for the acquisition of quotas 

No  financial  assistance  linked  directly  to  the  acquisition  of  quotas  may  be  granted  by  any 
public authority for the sale, transfer or allocation of quotas under this Section.  

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SUBSECTION III 

QUOTA OVERRUN 

Article 71 

Surplus levy 

1. 

A surplus levy shall be payable on milk and other milk products marketed in excess 
of the national quota as established in accordance with Subsection II. 

2. 

3. 

4. 

5. 

The levy shall be set, per 100 kilograms of milk, at EUR 27,83. 

However,  for  the  twelve-month  periods  starting  on  1 April  2009  and  1 April  2010, 
the  surplus  levy  for  milk  delivered  in  excess  of  106  %  of  the  national  quota  for 
deliveries  applicable  for  the  twelve-month  period  starting  on  1 April  2008  shall  be 
set at 150 % of the levy referred to in the second subparagraph. 

By way of derogation from the first subparagraph of paragraph 1, for the 12-month 
periods  starting  on  1  April  2009  and  1  April  2010  and  as  regards  deliveries  the 
surplus  levy  shall  be  payable  on  milk  marketed  in  excess  of  the  national  quota  as 
established  in  accordance  with  Subsection  II  and  reduced  by  individual  quotas  for 
deliveries  released  into  the  national  reserve  in  accordance  with  Article 68(1)(a)  as 
from  30 November  2009  and  kept  therein  until  31  March  of  the  12-month  period 
concerned. 

Member  States  shall  be  liable  to  the  Union  for  the  surplus  levy  resulting  from 
overruns  of  the  national  quota,  determined  nationally  and  separately  for  deliveries 
and  direct  sales,  and  between  16  October  and  30  November  following  the  twelve-
month period concerned, shall pay 99 % of the amount due to the EAGF. 

The difference between the amount of the surplus levy resulting from the application 
of  paragraph 2  and  that  resulting  from  the  application  of  the  first  subparagraph of 
paragraph 1 shall be used by the Member State for financing restructuring measures 
in the dairy sector. 

If the surplus levy provided for in paragraph 1 has not been paid before the due date 
and  after  consultation  of  the  Committee  on  the  Agricultural  Funds  established  by 
Regulation  (EC)  No  1290/2005,  the  Commission  shall  deduct  by  means  of 
implementing  acts  pursuant  to  Article  81(d) of  this  Regulation  a  sum  equivalent  to 
the  unpaid  surplus  levy  from  the  monthly  payments  within  the  meaning  of 
Articles 14 and 15(2) of Regulation (EC) No 1290/2005. Before taking its decision, 
the  Commission  shall  warn  the  Member  State  concerned,  which  shall  make  its 
position known within one week. Article 17 of Regulation (EC) No 1290/2005 shall 
not apply. 

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Article 72 

Contribution of producers to the surplus levy due 

The surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, among the 
producers who have contributed to each of the overruns of the national quotas referred to in 
Article 59(2). 

Without prejudice to Articles 73(2) and 76(1), producers shall be liable vis-à-vis the Member 
State for payment of their contribution to the surplus levy due, calculated in accordance with 
Articles 62, 63 and 73, for the mere fact of having overrun their available quotas. 

For  the  12-month  periods  starting  on  1  April  2009  and  1  April  2010  and  as  regards  the 
deliveries, the surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, 
among the producers who have contributed to the overrun of the national quota as established 
by application of Article 71(2). 

Article 73 

Surplus levy on deliveries 

1. 

2. 

In order to draw up the definitive surplus levy statement, the quantities delivered by 
each producer shall be increased or reduced to reflect any difference between the real 
fat content and the reference fat content. 

At national level, the surplus levy shall be calculated on the basis of the sum of the 
deliveries, adjusted in accordance with the first subparagraph. 

Each producer's contribution to payment of the surplus levy shall be established by 
decision of the Member State, after any unused part of the national quota allocated to 
deliveries has or has not been re-allocated, in proportion to the individual quotas of 
each producer or according to objective criteria to be set by the Member States: 

(a) 

either  at  national  level  on  the  basis  of  the  amount  by  which  each  producer's 
quota has been exceeded; 

(b)  or  firstly  at  the  level  of  the  purchaser  and  thereafter  at  national  level  where 

appropriate. 

Where  the  third  subparagraph  of  Article  71(1)  applies,  Member  States,  in 
establishing  each  producer's  contribution  to  the  amount  of  levy  payable  due  to  the 
application of the higher rate referred to in that subparagraph, shall ensure that this 
amount  is  contributed  proportionately  by  the  producers  responsible  according  to 
objective criteria to be set by the Member State. 

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Article 74 

Role of purchasers 

1. 

2. 

3. 

Purchasers shall be responsible for collecting from producers contributions due from 
the  latter  by  virtue  of  the  surplus  levy  and  shall  pay  to  the  competent  body  of  the 
Member  State,  before  a  date  and  following  a  procedure  to  be  laid  down  by  the 
Commission,  by  means of  implementing acts pursuant to Article 81(d), (f) and (g), 
the  amount  of  these  contributions  deducted  from  the  price  of  the  milk  paid  to  the 
producers  responsible  for  the  overrun  or,  failing  this,  collected  by  any  other 
appropriate means. 

Where  a  purchaser  fully  or  partially  replaces  one  or  more  other  purchasers,  the 
individual  quotas  available  to  the  producers  shall  be  taken  into  account  for  the 
remainder  of  the  twelve-month  period  in  progress,  after  deduction  of  quantities 
already delivered and account being taken of their fat content. This paragraph shall 
also apply where a producer transfers from one purchaser to another. 

Where,  during  the  reference  period,  quantities  delivered  by  a  producer  exceed  that 
producer's available quota, the relevant Member State may decide that the purchaser 
shall deduct part of the price of the milk in any delivery by the producer concerned in 
excess  of  the  quota,  by  way  of  an  advance  on  the  producer's  contribution,  in 
accordance  with  detailed  rules  laid  down  by  the  Member  State.  The  Member  State 
may make specific arrangements to enable purchasers to deduct this advance where 
producers deliver to several purchasers 

Article 75 

Approval 

Purchaser  status  shall  be  subject  to  prior  approval  by  the  Member  State  in  accordance  with 
criteria to be laid by the Commission, by means of delegated acts pursuant to Article 80(1)(f). 

Article 76 

Surplus levy on direct sales 

1. 

2. 

3. 

In  the  case  of  direct  sales,  each  producer's  contribution  to  payment  of  the  surplus 
levy shall be established by decision of the Member State, after any unused part of 
the  national  quota  allocated  to  direct  sales  has  or  has  not  been  re-allocated,  at  the 
appropriate territorial level or at national level. 

Member States shall establish the basis of calculation of the producer's contribution 
to  the  surplus  levy  due  on  the  total  quantity  of  milk  sold,  transferred  or  used  to 
manufacture  the  milk  products  sold  or  transferred  by  applying  criteria  fixed  by  the 
Commission. 

No  correction  linked  to  fat  content  shall  be  taken  into  account  for  the  purpose  of 
drawing up the definitive surplus levy statement. 

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Article 77 

Amounts paid in excess or unpaid 

1. 

Where,  in  the  case  of  deliveries  or  direct  sales,  the  surplus  levy  is  found  to  be 
payable  and  the  contribution  collected  from  producers  is  greater  than  that  levy,  the 
Member State may: 

(a) 

use  partially  or  totally  the  excess  to  finance  the  measures  in  point  (a)  of 
Article 68(1), and/or 

(b) 

redistribute it partially or totally to producers who: 

(i) 

(ii) 

fall  within  priority  categories  established  by  the  Member  State  on  the 
basis  of  objective  criteria  and  within  the  period  to  be  laid  down  by  the 
Commission, or 

are  affected  by  an  exceptional  situation  resulting  from  a  national  rule 
unconnected with the quota system for milk and other milk products set 
up by this Chapter. 

2. 

3. 

4. 

Where  it  is  established  that  no  surplus  levy  is  payable,  any  advances  collected  by 
purchasers  or  the  Member  State  shall  be  reimbursed  no  later  than  the  end  of  the 
following twelve-month period. 

Where a purchaser does not meet the obligation to collect the producers' contribution 
to  the  surplus  levy  in  accordance  with  Article 74,  the  Member  State  may  collect 
unpaid amounts directly from the producer, without prejudice to any penalties it may 
impose upon the defaulting purchaser. 

Where  a  producer  or  a  purchaser  fails  to  comply  with  the  time  limit  for  payment, 
interest on arrears to be fixed by the Commission shall be paid to the Member State. 

SECTION IV 

PROCEDURAL RULES CONCERNING SUGAR AND MILK QUOTAS 

SUBSECTION I 

PROCEDURAL RULES CONCERNING SUGAR QUOTAS 

Article 78 

Delegated powers  

1. 

In  order  to  ensure  that  undertakings  referred  to  in  Article  51  comply  with  their 
obligations,  the  Commission  may  adopt,  by  means  of  delegated  acts,  rules  on 

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2. 

3. 

granting and withdrawal of approval of such undertakings, as well as the criteria for 
administrative penalties. 

In order to take into account the specificities of the sugar sector and to ensure that the 
interests of all parties are duly taken into account, the Commission may lay down, by 
means of delegated acts, further definitions, including of sugar, isoglucose and inulin 
syrup production, the production of an undertaking; and on the conditions governing 
sales to outermost regions.  

In order to ensure that the beet growers are closely associated with a decision to carry 
forward  a  certain  quantity  of  production,  the  Commission  may,  by  means  of 
delegated acts lay down rules concerning carry forward of sugar. 

Article 79 

Implementing powers  

With  regard  to  undertakings  referred  to  in  Article  51,  the  Commission  may,  by  means  of 
implementing acts, fix rules: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

concerning  applications  for  approval  by  undertakings,  the  records  to  be  kept  by 
approved undertakings, the information to be submitted by approved undertakings; 

concerning  the  system  of  checks  to  be  carried  out  by  Member  States  on  approved 
undertakings; 

on  Member  States  communications 
undertakings;  

to 

the  Commission  and 

to  approved 

on  the  delivery  to  undertakings  of  raw  materials,  including  delivery  contracts  and 
delivery notes; 

concerning equivalence regarding sugar referred to in Article 54(a); 

for the specific supply regime for the outermost regions; 

regarding exports as referred to in Article 54(d); 

on Member State cooperation to ensure effective checks; 

modify the dates laid down in Article 56; 

for the establishment of the surplus quantity, the communications and payment of the 
surplus levy referred to in Article 57. 

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SUBSECTION II 

PROCEDURAL RULES CONCERNING MILK QUOTAS 

Article 80 

Delegated powers  

1. 

In order to ensure that the milk quota system achieves its objective, in particular the 
efficient  utilisation  of  individual  quota  and  the  sound  calculation,  collection  and 
utilisation of the levy, the Commission shall, by means of delegated acts, adopt rules 
as regards: 

(a) 

temporary and definitive conversions of quota; 

(b) 

the methods for the calculation of the levy; 

(c) 

the reallocation of unused quota; 

(d) 

the threshold for the application of fat content correction; 

(e) 

producer obligations to deliver to approved purchasers; 

(f) 

the approval of purchasers; 

(g) 

the objective criteria for the redistribution of the excess levy; 

(h) 

specific definitions relating to the operation of the system; 

(i) 

the  adjustment  of  the  definition  of  "direct  sale",  taking  into  account  the 
definition of "delivery" given in point (f) of Article 58(1). 

2. 

In  order  to  ensure  that  operators  and  Member  States  respect  their  obligations,  the 
Commission may, by means of delegated acts, adopt rules on: 

(a) 

penalties  in  cases  where  producers  or  purchasers  fail  to  respect  their 
obligations,  in  particular  in  respect  of  time  limits  for  payment  of  the  levy, 
delivery to an approved purchaser, the reporting of deliveries and direct sales, 
the  forwarding  of  incorrect  statements  or  declarations,  failing  to  keep  up  to 
date records; 

(b)  penalties to be applied on Member States who do not fulfil their obligations as 

laid down in Article 62(2). 

Article 81 

Implementing powers 

The Commission shall adopt, by means of implementing acts, all necessary rules including: 

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(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

definitive conversions of quota and division of national quota between deliveries and 
direct sales; 

establishment  of  coefficient  for  the  individual  quota  fat  content,  fat  content 
correction and recording of overrun of the national quota fat content; 

establishment of milk equivalences; 

time  limit  and  the  operative  event  for  the  applicable  exchange  rate  regarding 
payment of the levy and for redistributing the excess levy, reduction of advances in 
cases where time limits fail to be respected; 

applicable interest rates in cases of late payment, correct charge of the levy and use 
of the 1% levy non-payable to the EAGF; 

informing  producers  of  new  definitions,  communication  of  individual  quota  and 
notification of the levy; 

communication of information on the application of arrangements for the levy in the 
milk sector; 

drawing up of a statement of deliveries and declarations of direct sales; 

obligations  of  purchasers  and  producers  to  draw  up  declarations,  keep  records  and 
provide information; 

(j) 

checks on deliveries and direct sales. 

SECTION V 

PRODUCTION POTENTIAL IN THE WINE SECTOR 

SUBSECTION I 

UNLAWFUL PLANTINGS 

Article 82 

Unlawful plantings planted after 31 August 1998 

1. 

2. 

Producers  shall  grub  up  at  their  own  cost  areas  planted  with  vines  without  a 
corresponding planting right, where applicable, after 31 August 1998. 

Pending  grubbing-up  in  accordance  with  paragraph  1,  grapes  and  products  made 
from grapes from areas referred to in that paragraph may be put into circulation only 
for the purposes of distillation at the exclusive expense of the producer. The products 
resulting  from  distillation  may  not  be  used  in  the  preparation  of  alcohol  having  an 
actual alcoholic strength by 80 % volume or less. 

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3. 

4. 

1. 

2. 

3. 

4. 

Without prejudice, where applicable, to earlier penalties imposed by Member States, 
Member States shall impose penalties on producers who have not complied with this 
grubbing-up  obligation  graduated  according  to  the  severity,  extent  and  duration  of 
the non-compliance. 

The end of the transitional ban on new plantings on 31 December 2015, as provided 
for in Article 89(1), shall not affect the obligations provided for in this Article. 

Obligatory regularisation of unlawful plantings planted before 1 September 1998 

Article 83 

Producers shall, against the payment of a fee and not later than 31 December 2009, 
regularise  areas  planted  with  vines  without  a  corresponding  planting  right,  where 
applicable, before 1 September 1998. 

Without  prejudice  to  any  proceedings  under  clearance  of  accounts,  the  first 
subparagraph  shall  not  apply  to  areas  regularised  on  the  basis  of  Article 2(3)  of 
Council Regulation (EC) No 1493/199918. 

The fee referred to in paragraph 1 shall be determined by Member States. It shall be 
equivalent to at least twice the average value of the corresponding planting right in 
the region concerned. 

Pending regularisation under paragraph 1, grapes or products made from grapes from 
areas referred to in that paragraph may be put into circulation only for the purpose of 
distillation at the exclusive expense of the producer. The products may not be used in 
the preparation of alcohol having an actual alcoholic strength of 80 % volume or less. 

Unlawful  areas  referred  to  in  paragraph  1  which  are  not  regularised  in  accordance 
with  that  paragraph  by  31 December  2009  shall  be  grubbed  up  by  the  producers 
concerned at their own expense. 

Member  States  shall  impose  penalties,  graduated  according  to  the  severity,  extent 
and  duration  of  the  non-compliance,  on  producers  who  do  not  comply  with  this 
grubbing-up obligation. 

Pending the grubbing-up referred to in the first subparagraph, paragraph 3 shall apply 
mutatis mutandis. 

5. 

The end of the transitional ban on new plantings on 31 December 2015, as provided 
for in Article 89(1), shall not affect the obligations provided for in paragraphs 3 and 
4. 

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OJ L 179 14.7.1999, p. 1. 

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Article 84 

Verification of non-circulation or distillation 

1. 

2. 

3. 

In  relation  to  Article 82(2)  and  Article 83(3)  and  (4),  Member  States  shall  require 
proof of non-circulation of the products concerned or, where the products concerned 
are distilled, the submission of distillation contracts. 

Member States shall verify non-circulation and distillation referred to in paragraph 1. 
They shall impose penalties in case of non-compliance. 

Member States shall notify the Commission of the areas subject to distillation and the 
corresponding volumes of alcohol. 

Article 85 

Accompanying measures 

Areas referred to in the first subparagraph of Article 83(1), as long as they are not regularised 
and  areas  referred  to  in  Article 82(1)  shall  not  benefit  from  any  national  or  Union  support 
measures. 

Article 86 

Delegated powers 

1. 

2. 

In order to ensure that producers comply with their obligations under this Subsection, 
the  Commission  may,  by  means  of  delegated  acts,  adopt  provisions  concerning  the 
non-circulation  of  products  referred  to  in  Article  84(1),  and  penalties  that  Member 
States may impose in case of non-compliance with the mentioned obligations. 

In order to ensure the efficient detection and elimination of unlawful plantings, the 
Commission  may,  by  means  of  a  delegated  act,  adopt  rules  to  reduce  the  Union 
allocation  for  support  measures  in  case  of  non-compliance  by  Member  States  with 
the obligation to communicate data on unlawful plantings. 

Article 87 

Implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  provisions 
regarding: 

(a) 

communications by Member States; 

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(b) 

(c) 

the collection of additional information concerning Member States communications 
under Commission Regulation (EC) No 1227/200019. 

checks to be undertaken by Member States and the reporting of information on such 
checks to the Commission. 

SUBSECTION II 

TRANSITIONAL PLANTING RIGHT REGIME 

Article 88 

Duration 

This Subsection shall apply until 31 December 2015. 

Article 89 

Transitional prohibition on planting vines 

1. 

2. 

3. 

4. 

5. 

Without prejudice to Article 166 and  in particular  paragraph 4 thereof, the planting 
of  vines  of  wine  grape  varieties  classifiable  according  to  Article 166(2)  shall  be 
prohibited. 

Grafting-on  of  wine  grape  varieties  classifiable  according  to  Article 166(2)  to 
varieties  other  than  wine  grape  varieties  referred  to  in  that  Article shall  also  be 
prohibited. 

Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those 
paragraphs shall be allowed if covered by: 

(a) 

a new planting right, as provided for in Article 90; 

(b) 

a replanting right, as provided for in Article 91; 

(c) 

a planting right granted from a reserve, as provided for in Articles 92 and 93. 

The planting rights referred to in paragraph 3 shall be granted in hectares. 

Member States may decide to maintain the prohibition referred to in paragraph 1 in 
their territory or parts of their territory until 31 December 2018 at the latest. In such 
cases the rules governing the transitional planting right regime as laid down in this 
Subsection,  including  this  Article,  shall  apply  accordingly  in  the  given  Member 
State. 

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OJ L 143, 16. 6. 2000, p. 1. 

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Article 90 

New planting rights 

1. 

Member States may grant new planting rights to producers in respect of areas: 

(a) 

intended for new plantings carried out under measures for land consolidation or 
measures  concerning  compulsory  purchases  in  the  public  interest  adopted 
under national law; 

(b) 

intended for experimental purposes; 

(c) 

intended for graft nurseries; or 

(d)  whose  wine  or  vine  products  are  intended  solely  for  the  consumption  by  the 

wine-grower’s household. 

2. 

New planting rights granted shall be: 

(a) 

exercised by the producer to whom they are granted; 

(b)  used before the end of the second wine year after the one in which they were 

granted; 

(c) 

used for the purposes for which they were granted. 

Article 91 

Replanting rights 

1. 

Member  States  shall  grant  replanting  rights  to  producers  who  have  grubbed  up  an 
area planted with vines. 

However,  grubbed-up  areas  for  which  a  grubbing-up  premium  has  been  granted  in 
accordance with Subsection III of Section IVa of Chapter III of Title I of Part II of 
Regulation (EC) No 1234/2007 shall not generate replanting rights. 

Member States may grant replanting rights to producers who undertake to grub up an 
area planted with vines. In such cases, the grubbing-up of the pledged area shall be 
carried out at the latest at the end of the third year after which new vines for which 
the replanting rights had been granted have been planted.  

Replanting rights granted shall correspond to the equivalent of the grubbed-up area 
in terms of pure crop. 

Replanting  rights  shall  be  exercised  on  the  holding  in  respect  of  which  they  were 
granted.  Member  States  may  further  stipulate  that  such  replanting  rights  may  be 
exercised only on the area where the grubbing-up was carried out. 

2. 

3. 

4. 

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5. 

By way of derogation from paragraph 4, Member States may decide that replanting 
rights may be transferred, in whole or in part, to another holding in the same Member 
State in the following cases: 

(a) 

part of the holding concerned is transferred to that other holding; 

(b) 

areas on that other holding are intended for: 

(i) 

the  production  of  wines  with  a  protected  designation  of  origin  or  a 
protected geographical indication; or 

(ii) 

the cultivation of graft nurseries. 

Member States shall ensure that the application of the derogation provided for in the 
first subparagraph does not lead to an overall increase in production potential on their 
territory, in particular when transfers are made from non-irrigated to irrigated areas. 

Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights 
acquired under prior Union or national legislation. 

Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall 
be used within the periods provided for therein. 

Article 92 

National and regional reserve of planting rights 

In  order  to  improve  management  of  the  production  potential,  Member  States  shall 
create a national reserve or regional reserves of planting rights. 

Member  States  which  have  established  national  or  regional  reserves  of  planting 
rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as 
they apply the transitional planting right regime in accordance with this Subsection. 

The  following  planting  rights  shall  be  allocated  to  national  or  regional  reserves  if 
they are not used within the prescribed period: 

(a) 

new planting rights; 

(b) 

replanting rights; 

(c) 

planting rights granted from the reserve. 

Producers  may  transfer  replanting  rights  to  national  or  regional  reserves.  The 
conditions  of  such  transfer,  where  necessary  in  return  for  a  payment  from  national 
funds, shall be determined by the Member States taking into account the legitimate 
interests of the parties. 

By  way  of  derogation  from  paragraph  1,  Member  States  may  decide  not  to 
implement a reserve system provided that they can prove that an effective alternative 
system for managing planting rights exists throughout their territory. The alternative 

6. 

7. 

1. 

2. 

3. 

4. 

5. 

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system  may,  where  necessary,  derogate  from  the  relevant  provisions  of  this 
Subsection. 

The first subparagraph shall also apply to Member States which cease the operation 
of national or regional reserves under Regulation (EC) No 1493/1999. 

Article 93 

Granting planting rights from the reserve 

1. 

Member States may grant rights from a reserve: 

(a)  without  payment,  to  producers  who  are  under  40  years  of  age,  who  possess 
adequate occupational skills and competences, who are setting up for the first 
time and who are established as the head of the holding; 

(b) 

against  payment  into  national  or,  if  appropriate,  regional  funds,  to  producers 
who intend to use the rights to plant vineyards the production of which has an 
assured outlet. 

Member  States  shall  define  the  criteria  for  setting  the  amounts  of  the  payment 
referred to in point (b) of the first subparagraph, which may vary depending on the 
final  intended  product  of  the  vineyards  concerned  and  on  the  residual  transitional 
period  during  which  the  prohibition  on  new  plantings,  as  provided  for  in 
Article 89(1) and (2), applies. 

2. 

Where  planting  rights  granted  from  a  reserve are used, Member States shall ensure 
that: 

(a) 

(b) 

the location and the varieties and the cultivation techniques used guarantee that 
the subsequent production is adapted to market demand; 

the  yields  concerned  are  typical  of  the  average  in  the  region,  in  particular 
where  planting  rights  originating  in  non-irrigated  areas  are  used  in  irrigated 
areas. 

3. 

4. 

5. 

Planting  rights  granted  from  a  reserve  which  are  not  used  before  the  end  of  the 
second wine year after the one in which they were granted shall be forfeited and re-
allocated to the reserve. 

Planting rights in a reserve which are not disbursed before the end of the fifth wine 
year following their allocation to the reserve shall be extinguished. 

If regional reserves exist in a Member State, the Member State may lay down rules 
permitting the transfer of planting rights between regional reserves. If both regional 
and national reserves exist in a Member State, the Member State may also allow for 
transfers between those reserves. 

Transfers may be subject to a reduction coefficient. 

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Article 94 

De minimis 

This Subsection shall not apply in Member States where the Community planting right regime 
did not apply by 31 December 2007. 

Article 95 

Stricter national rules 

Member States may adopt stricter national rules in respect of the award of new planting rights 
or  replanting  rights.  They  may  require  that  the  respective  applications  and  the  relevant 
information  to  be  supplied  therein  be  supplemented  by  additional  information  necessary  for 
monitoring the development of production potential. 

Article 96 

Delegated powers 

1. 

In order to avoid an increase in production potential the Commission may, by means 
of delegated acts, 

2. 

3. 

(a) 

establish a list of situations in which grubbing-up does not generate replanting 
rights; 

(b) 

adopt rules concerning transfers of planting rights between the reserves; 

(c) 

prohibit the marketing wine or vine products intended solely for consumption 
by a vine grower's family. 

In order to provide for an equal treatment of producers that engage in grubbing-up, 
the Commission may, by means of delegated acts, adopt rules to ensure effectiveness 
of grubbing-up where replanting rights are granted. 

In  order  to  protect  Union  funds  and  the  identity,  provenance  and  quality  of  Union 
wine, the Commission may by means of delegated acts: 

(a) 

provide  for  the  establishment  of  an  analytical  databank  of  isotopic  data  that 
will  help  detect  fraud  to  be  constructed  on  the  basis  of  samples  collected  by 
Member States; and for rules on the Member States' own databanks; 

(b) 

adopt rules on control bodies and the mutual assistance between them; 

(c) 

adopt rules on the common use of Member States' findings; 

(d) 

adopt  rules  on  the  treatment  of  sanctions  in  the  case  of  exceptional 
circumstances. 

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Article 97 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Subsection, including rules on: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

granting of new planting rights including recording and communication obligations; 

the transfer of replanting rights, including a reduction coefficient; 

records  to  be  kept  by  the  Member  States  and  notifications  to  the  Commission, 
including a possible choice of a reserve system; 

granting planting rights from the reserve; 

checks to be undertaken by Member States and the reporting of information on such 
checks to the Commission; 

the communication by Member States of an intention to apply Article 89(5) on their 
territory. 

SUBSECTION III 

MARKETING RULES TO IMPROVE AND STABILISE THE OPERATION OF THE 
COMMON MARKET IN WINES 

Article 98 

Marketing rules to improve and stabilise the operation of the common market in wines 

1. 

In  order  to  improve  and  stabilise  the  operation  of  the  common  market  in  wines, 
including  the  grapes,  musts  and  wines  from  which  they  derive,  producer  Member 
States  may  lay  down  marketing  rules  to  regulate  supply,  particularly  by  way  of 
decisions  taken  by  the  inter-branch  organisations  referred  to  in  Articles  210(3)  and 
227. 

Such rules shall be proportionate to the objective pursued and shall not: 

(a) 

relate to any transaction after the first marketing of the produce concerned; 

(b) 

(c) 

allow  for  price  fixing,  including  where  prices  are  set  for  guidance  or 
recommendation; 

render unavailable an excessive proportion of the vintage that would otherwise 
be available; 

(d)  provide scope for refusing to issue the national and Union certificates required 
for  the  circulation  and  marketing  of  wines  where  such  marketing  is  in 
accordance with those rules. 

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2. 

3. 

1. 

2. 

The rules referred to in paragraph 1 must be brought to the attention of operators by 
publication in extenso in an official publication of the Member State concerned. 

The  reporting  obligation  referred  to  in  Article 227(3)  shall  also  apply  in  respect  of 
the decisions or actions taken by the Member States in accordance with this Article. 

CHAPTER IV 

Aid schemes 

SECTION I 

PRODUCTION REFUND IN THE SUGAR SECTOR 

Article 99 

Production refund 

A  production  refund  may  be  granted  on  the  products  of  the  sugar-sector  listed  in 
points  (b)  to  (e)  of  Part III  of  Annex I  if  surplus  sugar  or  imported  sugar,  surplus 
isoglucose  or  surplus  inulin  syrup  is  not  available  at  a  price  corresponding  to  the 
world  price  for  the  manufacturing  of  the  products  referred  to  in  Article 55(2)(b) 
and (c). 

Measures on  the  fixing  of the  production refund referred to in paragraph 1 shall be 
taken by the Council in accordance with Article 43(3) of the Treaty. 

Article 100 

Conditions for granting 

In order to take into account the specificities of the out of quota sugar market in the Union, 
the Commission may, by means of delegated acts, adopt the conditions for the granting of the 
production refunds referred to in this Section. 

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SECTION II 

AIDS IN THE MILK AND MILK PRODUCTS SECTOR 

SUBSECTION I 

AID FOR SPECIAL USE 

Article 101 

Aid for skimmed milk and skimmed milk powder for use as feedingstuffs 

1. 

When surpluses of milk products build up or are likely to occur, creating or likely to 
create  a  serious  imbalance  in  the  market,  the  Commission  may,  by  means  of 
implementing  acts,  decide  that  aid  shall  be  granted  for  Union-produced  skimmed 
milk  and  skimmed-milk  powder  intended  for  use  as  feedingstuffs  according  to 
conditions and product standards to be determined by the Commission by means of 
delegated acts pursuant to Article 103.  

For the purposes of this Article, buttermilk and buttermilk powder shall be regarded 
as skimmed milk and skimmed-milk powder. 

2. 

Measures  on  the  fixing  of  the  aid  amounts  shall  be  taken  by  the  Council  in 
accordance with Article 43(3) of the Treaty. 

Article 102 

Aid for skimmed milk processed into casein and caseinates 

1. 

When surpluses of milk products build up or are likely to occur, creating or likely to 
create  a  serious  imbalance  in  the  market,  the  Commission  may,  by  means  of 
implementing  acts,  decide  that  aid  shall  be  granted  for  Union-produced  skimmed 
milk  processed  into  casein  and  caseinates,  according  to  conditions  and  product 
standards  of  such  milk  and  the  casein  or  caseinates  produced  from  it  to  be 
determined by the Commission by means of delegated acts pursuant to Article 103. 

2. 

Measures  on  the  fixing  of  the  aid  amounts  shall  be  taken  by  the  Council  in 
accordance with Article 43(3) of the Treaty. 

Article 103 

Delegated powers 

1. 

In order to ensure that the objectives of aids referred to in Articles 101 and 102 are 
achieved, the Commission may, by means of delegated acts, define the products that 
may benefit from those aids and establish conditions and standards relating to the use 

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of the products and the approval, and withdrawal of approval, of undertakings using 
the products for the purposes of claiming the aid. 

2. 

3. 

In  order  to  ensure  that  the  skimmed  milk  and  the  skimmed  milk  powder  for  which 
aid  is  granted  as  provided  for  in  Articles  101  and  102  are  used  for  the  intended 
purpose,  the  Commission  may,  by  means  of  delegated  acts,  determine  the  records 
that undertakings must keep. 

In order to ensure that operators respect their obligations, the Commission, by means 
of delegated acts: 

(a) 

shall require the lodging of a security in the event that an advance of aid is paid 
and  where  operators  participate  in  tendering  procedures  for  the  purchase  of 
skimmed milk powder from public intervention;  

(b)  may  introduce  penalties  in  cases  where  operators  do  not  comply  with  the 
scheme rules or the amount of aid claimed and paid is higher than is due. 

Article 104 

Implementing powers 

The Commission may, by means of implementing acts, adopt the necessary measures related 
to Articles 101 and 102, and in particular determine: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the adjustments to be made to the aid rate based on the quality of the skimmed milk 
used; 

the  packaging  requirements,  the  information  to  be  contained  on  packages,  the 
requirements for products moved in bulk; 

requirements for the delivery of the feedingstuffs; 

checks and inspections to be undertaken by Member States and the analytical tests to 
be used; 

the procedures for applications, claims and paying aid; 

the  procedures  applying  where  skimmed  milk  powder  is  released  from  public 
intervention for use as a feedingstuff. 

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SUBSECTION II 

CONDITIONS FOR PRODUCTION OF CHEESE 

Article 105 

Use of casein and caseinates in the manufacture of cheese 

1. 

Where  aid  is  paid  under  Article 102,  the  use  of  casein  and  caseinates  in  the 
manufacture of cheese may be subject to prior authorisation which shall be granted 
only if such use is a necessary condition for the manufacture of the products. 

2. 

For the purposes of this Subsection: 

(a) 

(b) 

‘cheese’  means  products  covered  by  CN  code  0406  and  manufactured  within 
the Union territory; 

‘casein and caseinates’ means products covered by CN codes 3501 10 90 and 
3501 90 90 and used as such or in the form of a mixture. 

Article 106 

Delegated powers 

In  order  to  ensure  that  the  objectives  of  the  aid  referred  to  in  Article 102  are  achieved,  the 
Commission may, by means of delegated acts, adopt rules: 

(a) 

(b) 

making  the  use  of  casein  and  caseinates  referred  to  in  Article 105  subject  to  prior 
authorisation; 

restricting the use of casein and caseinates to the maximum percentage of casein and 
caseinates  to  be  incorporated  in  cheese  on  the  basis  of  objective  criteria  having 
regard to what is technologically necessary; 

(c) 

establishing penalties for use of casein and caseinates without authorisation. 

Article 107 

Implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  measures  as 
regards the use of casein and caseinates referred to in Article 105, including in particular: 

(a) 

(b) 

EN 

the conditions according to which the Member States shall grant the authorisations as 
regards the use of casein and caseinates; 

the  obligations  to  be  respected  by  the  undertakings  authorised  in  accordance  with 
point (a); 

100 

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(c) 

checks  and  inspections  to  be  undertaken  by  Member  States  and  the  records  to  be 
kept. 

SUBSECTION III 

AID FOR THE SUPPLY OF MILK PRODUCTS TO PUPILS 

1. 

2. 

3. 

4. 

1. 

2. 

Article 108 

Supply of milk products to pupils 

Union  aid  shall  be  granted  for  supplying  to  pupils  in  educational  establishments 
certain  processed  milk  products  falling  within  CN  codes  0401,  0403,  0404 90 
and 0406 or CN code 2202 90.  

Member  States  may,  in  addition  to  Union  aid  provided  for  in  paragraph  1,  grant 
national  aid  for  supplying  the  products  referred  to  in  paragraph  1  to  pupils  in 
educational establishments. Member States may finance their national aid by means 
of a levy on the dairy sector or by any other contribution from the dairy sector. 

Measures  on  fixing  the  Union  aid  for  all  milk  shall  be  taken  by  the  Council  in 
accordance with Article 43(3) of the Treaty. 

The Union aid provided for in paragraph 1 shall be granted on a maximum quantity 
of 0,25 litre of milk equivalent per pupil and per day. 

Article 109 

Delegated powers 

In order to take account of the evolution in the dairy products consumption patterns 
and  of  the  innovations  and  developments  on  the  dairy  products  market,  the 
Commission shall, by means of delegated acts, determine the products referred to in 
Article 108(1). 

In order to ensure that the appropriate beneficiaries and applicants qualify for the aid 
referred  to  in  Article  108(1),  the  Commission  shall,  by  means  of  delegated  acts, 
adopt the conditions for granting aid.  

In order to ensure that applicants respect their obligations, the Commission shall, by 
means of delegated acts, adopt measures to prevent fraud and irregularities including: 

(a) 

the suspension of the right to participate in the aid scheme, 

(b) 

the lodging of a security guaranteeing the execution where an advance of aid is 
paid, and  

(c) 

the application of penalties to deter fraudulent behaviour. 

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3. 

4. 

In  order  to  ensure  that  the  aid  is  reflected  in  the  price  at  which  products  are  made 
available  under  the  aid  scheme,  the  Commission  may,  by  means  of  delegated  acts, 
provide for rules on the establishment of price monitoring under the aid scheme. 

In order to promote awareness of the aid scheme, the Commission may, by means of 
delegated  acts,  require  educational  establishments  to  communicate  the  subsidising 
role of the Union. 

Article 110 

Implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  measures  as 
regards, in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

1. 

2. 

the maximum quantity eligible for the aid; 

management of price monitoring pursuant to Article 109(3);  

approval of applicants, aid applications and payments; 

checks;  

the methods of publicising the scheme; 

notification of information to the Commission. 

SECTION IV 

AIDS IN THE HOPS SECTOR 

Article 111 

Aids to producer organisations 

The  Union  shall  finance  a  payment  to  producer  organisations  in  the  hops  sector 
recognised  in  accordance  with  Article 209  to  finance  the  aims  referred  to  in  that 
Article. 

The Union financing per year for the payment to producer organisations provided for 
in paragraph 1 shall be EUR 2 277 000 for Germany. 

Article 112 

Delegated powers 

In order to ensure that the aids finance the aims referred to in Article 209, the Commission 
may, by means of delegated acts, adopt rules on: 

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(a) 

(b) 

aid applications, including rules on deadlines and accompanying documents; 

aid  entitlement,  including  rules  on  eligible  hop  areas  and  the  calculation  of  the 
amounts to be paid to each producer organisation; 

(c) 

sanctions to be applied in the case of undue payment. 

Article 113 

Implementing powers 

The Commission may, by means of implementing acts, adopt the necessary measures related 
to this Section concerning: 

(a) 

(b) 

the payment of aid; 

checks and inspections. 

SECTION V 

AIDS IN THE OLIVE OIL AND TABLE OLIVES SECTOR 

Article 114 

Aids to operator organisations 

1. 

The Union shall finance three-year work programmes to be drawn up by the operator 
organisations as defined in Article 212 in one or more of the following areas: 

(a) 

the market follow-up and administrative management in the olive oil and table 
olives sector; 

(b) 

the improvement of the environmental impacts of olive cultivation; 

(c) 

the improvement of the production quality of olive oil and table olives; 

(d) 

the  traceability  system,  the  certification  and  protection  of  the  quality  of  olive 
oil and table olives, in particular the monitoring of the quality of olive oils sold 
to final consumers, under the authority of the national administrations; 

(e) 

the  dissemination  of  information  on  the  activities  carried  out  by  operator 
organisations with the aim of improving the quality of olive oil. 

2. 

The Union financing per year of the work programmes shall be: 

(a)  EUR 11 098 000 for Greece; 

(b)  EUR 576 000 for France; and 

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(c)  EUR 35 991 000 for Italy. 

3. 

The  maximum  Union  funding  for  the  work  programmes  referred  to  in  paragraph 1 
shall  be  equal  to  the  part  of  the  amounts  withheld  by  the  Member  States.  This 
funding shall concern the eligible cost with a maximum of: 

(a) 

100 % for activities in the areas referred to in points (a) and (b) of paragraph 1; 

(b)  100 %  for  fixed  assets  investments  and  75 %  for  other  activities  in  the  area 

referred to in point (c) of paragraph 1; 

(c) 

75 %  for  the  work  programmes  carried  out  in  at  least  three third  countries  or 
non-producing Member States by approved operator organisations from at least 
two  producer  Member  States  in  the  areas  referred  to  in  points  (d)  and  (e)  of 
paragraph 1, and 50 % for the other activities in these areas. 

Complementary financing shall be ensured  by  the  Member  State  up  to  50 %  of  the 
costs not covered by the Union funding. 

4. 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission pursuant to Article 318, Member States shall verify that the conditions 
for granting Union funding are met. To that end, they shall carry out an audit of work 
programmes and a plan involving checks on a sample determined on the basis of a 
risk analysis and comprising at least 30 % per year of producer organisations and all 
the other operators' organisations in receipt of Union funding under this Article. 

Article 115 

Delegated powers 

1. 

In order to ensure that the aids provided for in Article 114 meet their objectives of 
improving the production quality of olive oil and table olives, the Commission may, 
by means of delegated acts, adopt rules on: 

(a) 

the  conditions  for  the  approval  of  operator  organisations,  and  for  the 
suspension or withdrawal of such approval; 

(b) 

the measures eligible for Union financing; 

(c) 

the allocation of Union financing to particular measures; 

(d) 

the activities and costs that are not eligible for Union financing; 

(e) 

the selection and approval of work programmes. 

2. 

In order to ensure that operators respect their obligations, the Commission may, by 
means of delegated acts, require: 

(a) 

the lodging of a security where an advance of aid is paid; 

(b) 

sanctions to be applied in the event of irregularities being discovered. 

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Article 116 

Implementing powers 

The Commission may, by means of implementing acts, adopt the necessary measures related 
to this Section concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

1. 

2. 

3. 

the monitoring of programme expenditure; 

the undertaking of work programmes and amendments to such programmes; 

the payment of aid, including advances of aid; 

reporting by beneficiaries on work programmes; 

checks and inspections; 

reporting by Member States to the Commission. 

SECTION VI 

AIDS IN THE FRUIT AND VEGETABLES SECTOR 

SUBSECTION I 

PRODUCER GROUPS 

Article 117 

Aid to producer groups 

During the transitional period allowed pursuant to Article 217, Member States may 
grant to producer groups in the fruit and vegetables sector which have been formed 
in view of being recognised as a producer organisation: 

(a) 

aid to encourage their formation and facilitate their administrative operation; 

(b) 

aid, provided either directly or through credit institutions, to cover part of the 
investments  required  to  attain  recognition  and  set  out  in  the  recognition  plan 
referred to in the third subparagraph of Article 217(1). 

The  aid  referred  to  in  paragraph 1  shall  be  reimbursed  by  the  Union  in  accordance 
with rules on the financing of such aids, including the thresholds and ceilings and the 
degree of Union financing, to be adopted by the Commission by means of delegated 
acts pursuant to Article 118. 

The aid referred to in paragraph 1(a) shall be determined for each producer group on 
the  basis  of  its  marketed  production  and  shall  amount,  for  the  first,  second,  third, 
fourth and fifth years, to: 

EN 

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(a) 

10 %,  10 %,  8 %,  6 %  and 4 %  respectively  of  the  value  of  marketed 
production  in  the  Member  States  which  acceded  to  the  European  Union  on 
1 May 2004 or thereafter; and 

(b)  5 %, 5 %, 4 %, 3 % and 2 %, respectively of the value of marketed production 
in the outermost regions of the Union as referred to in Article 349 of the Treaty 
or  in  the  smaller  Aegean  Islands  as  referred  to  in  Article 1(2)  of  Council 
Regulation (EC) No 1405/200620. 

Those  percentage  rates  may  be  reduced  in  relation  to  the  value  of  marketed 
production which exceeds a threshold. A ceiling may be applied to the aid payable in 
any given year to a producer group. 

Article 118 

Delegated powers  

In order to ensure an efficient and targeted use of support to producer groups in the fruit and 
vegetables sector, the Commission shall, by means of delegated acts, adopt rules on:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

the financing of recognition plans of a producer group; 

the thresholds and ceilings for aid and the degree of Union co-financing; 

the  basis  for  the  calculation  of  the  aid,  including  the  value  of  the  marketed 
production of a producer group; 

the eligibility of producer groups; 

the main activities of a producer group; 

the content, submission and approval of recognition plans;  

the  conditions  under  which  producer  groups  may  request  changes  to  recognition 
plans; 

aid for investments;  

mergers of producer groups and continuance of aid.  

Article 119 

Implementing powers  

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Subsection regarding:  

(a) 

aid applications, including payments of aid; 

20 

OJ L 265, 26.9.2006, p. 1. 

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(b) 

(c) 

the implementation of recognition plans; 

the consequences of recognition. 

SUBSECTION II 

OPERATIONAL FUNDS AND OPERATIONAL PROGRAMMES 

Article 120 

Operational funds 

1. 

Producer  organisations  in  the  fruit  and  vegetables  sector  may  set  up  an  operational 
fund. The fund shall be financed by: 

(a) 

financial contributions of members or of the producer organisation itself; 

(b)  Union financial assistance which may be granted to producer organisations, in 
accordance  with 
in  delegated  and 
implementing acts to be adopted by the Commission pursuant to Articles 126 
and 127. 

terms  and  conditions  set  out 

the 

2. 

Operational funds shall be used only to finance operational programmes approved by 
Member States in accordance with Article 125. 

Article 121 

Operational programmes  

1. 

Operational programmes in the fruit and vegetables sector shall have two or more of 
the objectives referred to in Article 209(c) or of the following objectives: 

(a) 

planning of production; 

(b) 

improvement of product quality; 

(c) 

boosting products’ commercial value; 

(d)  promotion of the products, whether in a fresh or processed form; 

(e) 

environmental  measures  and  methods  of  production 
environment, including organic farming; 

respecting 

the 

(f) 

crisis prevention and management. 

2. 

Crisis  prevention  and  management  shall  be  related  to  avoiding  and  dealing  with 
crises on the fruit and vegetable markets and shall cover in this context: 

(a)  market withdrawal; 

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(b)  green harvesting or non-harvesting of fruit and vegetables; 

(c) 

promotion and communication; 

(d) 

training measures; 

(e) 

harvest insurance; 

(f) 

support for the administrative costs of setting up mutual funds. 

Crisis prevention and management measures, including any repayment of capital and 
interest  as  referred  to  in  the  third  subparagraph,  shall  not  comprise  more  than  one-
third of the expenditure under the operational programme. 

In  order  to  finance  crisis  prevention  and  management  measures,  producer 
organisations may take out loans on commercial terms. In this case, the repayment of 
the capital and interest on those loans may form part of the operational programme 
and so may be eligible for Union financial assistance under Article 122. Any specific 
action  under  crisis  prevention  and  management  shall  be  financed  either  by  such 
loans, or directly, but not both. 

3. 

Member States shall provide that: 

(a) 

operational programmes include two or more environmental actions; or 

(b) 

at  least  10 %  of  the  expenditure  under  operational  programmes  covers 
environmental actions. 

Environmental actions shall respect the requirements for agri-environment payments 
set out in the first subparagraph of Article 39(3) of Regulation (EC) No 1698/2005. 

Where at least 80 % of the producer members of a producer organisation are subject 
to  one  or  more  identical  agri-environment  commitments  under  that  provision  then 
each one of those commitments shall count as an environmental action as referred to 
in point (a) of the first subparagraph. 

Support for the environmental actions referred to in the first subparagraph shall cover 
additional costs and income foregone resulting from the action. 

[4. 

5. 

Paragraph 3 shall only apply in Bulgaria and Romania from 1 January 2011.] 

Investments  which  increase  environmental  pressure  shall  only  be  permitted  in 
situations where effective safeguards to protect the environment from these pressures 
are in place. 

EN 

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1. 

2. 

3. 

Article 122 

Union financial assistance  

The  Union  financial  assistance  shall  be  equal  to  the  amount  of  the  financial 
contributions referred to in Article 120(1)(a) as actually paid but limited to 50 % of 
the actual expenditure incurred. 

The Union financial assistance shall be capped at 4,1 % of the value of the marketed 
production of each producer organisation. 

However,  that  percentage  may  be  increased  to 4,6 %  of  the  value  of  the  marketed 
production provided that the amount in excess of 4,1 % of the value of the marketed 
production is used solely for crisis prevention and management measures.  

At the request of a producer organisation, the percentage provided for in paragraph 1 
shall  be  60 %  for  an  operational  programme  or  part  of  an  operational  programme 
where it meets at least one of the following conditions: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

it  is  submitted  by  several Union  producer organisations operating in different 
Member States on transnational schemes;  

it  is  submitted  by  one  or  more  producer  organisations  engaged  in  schemes 
operated on an interbranch basis; 

it covers solely specific support for the production of organic products covered 
by Council Regulation (EC) No 834/200721; 

it is submitted by a producer organisation in one of the Member States which 
acceded  to  the  European  Union  on  1 May  2004  or  thereafter  for  measures 
running no later than the end of 2013; 

it is the first to be submitted by a recognised producer organisation which has 
merged with another recognised producer organisation; 

it  is  the  first  to  be  submitted  by  a  recognised  association  of  producer 
organisations; 

it  is  submitted  by  producer  organisations  in  Member  States  where  producer 
organisations market less than 20 % of fruit and vegetables production; 

it is submitted by a producer organisation in one of the outermost regions of the 
Union; 

it covers solely specific support for actions to promote the consumption of fruit 
and vegetables targeted at children in educational establishments. 

4. 

The  percentage  provided  for  in  paragraph 1  shall  be  100 %  in  the  case  of  market 
withdrawals  of  fruit  and  vegetables  which  shall  not  exceed  5 %  of  the  volume  of 

21 

OJ L 189, 20.7.2007, p. 1. 

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marketed  production  of  each  producer  organisation  and  which  are  disposed  of  by 
way of: 

(a) 

(b) 

free  distribution  to  charitable  organisations  and  foundations,  approved  to  that 
effect by the Member States, for use in their activities to assist persons whose 
right  to  public  assistance  is  recognised  in  national  law,  in  particular  because 
they lack the necessary means of subsistence; 

free distribution to penal institutions, schools and public education institutions 
and to children’s holiday camps as well as to hospitals and old people’s homes 
designated by the Member States, which shall take all necessary steps to ensure 
that  the  quantities  thus  distributed  are  additional  to  the  quantities  normally 
bought in by such establishments. 

Article 123 

National financial assistance  

1. 

2. 

1. 

In regions of the Member States where the degree of organisation of producers in the 
fruit and vegetables sector is particularly low, Member States may be authorised by 
the Commission, by means of implementing acts, on a duly substantiated request, to 
pay producer organisations national financial assistance equal to a maximum of 80 % 
of the financial contributions referred to in Article 120(1)(a). This assistance shall be 
additional to the operational fund.  

In regions of Member States where producer organisations market less than 15 % of 
the value of fruit and vegetable production and whose fruit and vegetable production 
represents  at  least  15 %  of  their  total  agricultural  output,  the  national  financial 
assistance referred to in paragraph 1 may be reimbursed by the Union at the request 
of the Member State concerned. The Commission shall decide on that reimbursement 
by means of implementing acts. 

Article 124 

National framework and national strategy for operational programmes 

Member  States  shall  establish  a  national  framework  for  drawing  up  the  general 
conditions relating to the actions referred to in Article 121(3). This framework shall 
provide  in  particular  that  such  actions  shall  meet  the  appropriate  requirements  of 
Regulation (EC) No 1698/2005 including those in its Article 5 on complementarity, 
consistency and conformity. 

Member States shall submit their proposed framework to the Commission which, by 
means  of  implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article  323(1),  may  require  modifications  within  three  months  if  it  finds  that  the 
proposal does not enable the attainment of the objectives set out in Article 191 of the 
Treaty  and  in  the  sixth  Union  environment  action  programme.  Investments  on 
individual  holdings  supported  by  operational  programmes  shall  also  respect  those 
objectives. 

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2. 

Member  States  shall  establish  a  national  strategy  for  sustainable  operational 
programmes in the fruit and vegetable market. Such a strategy shall provide for the 
following elements: 

(a) 

an  analysis  of  the  situation  in  terms  of  strengths  and  weaknesses  and  the 
potential for development; 

(b) 

justification of the priorities chosen; 

(c) 

the  objectives  of  operational  programmes  and  instruments,  performance 
indicators; 

(d) 

assessment of operational programmes; 

(e) 

reporting obligations for producer organisations. 

The  national  strategy  shall  also  integrate  the  national  framework  referred  to  in 
paragraph 1. 

3. 

Paragraphs 1  and 2  shall  not  apply  to  Member  States  which  have  no  recognised 
producer organisations. 

Article 125 

Approval of operational programmes 

1. 

2. 

3. 

4. 

5. 

Draft  operational  programmes  shall  be  submitted  to  the  competent  national 
authorities,  who  shall  approve  or  reject  them  or  request  their  modification  in  line 
with the provisions of this Subsection. 

Producer organisations shall communicate to the Member State the estimated amount 
of the operational fund for each year and shall submit appropriate reasons therefore 
based  on  operational  programme  estimates,  expenditure  for  the  current  year  and 
possibly  expenditure  for  previous  years  and,  if  necessary,  on  estimated  production 
quantities for the next year. 

The Member State shall notify the producer organisation or association of producer 
organisations of the estimated amount of Union financial assistance in line with the 
limits set out in Article 122. 

Union  financial  assistance  payments  shall  be  made  on  the  basis  of  expenditure 
incurred for the schemes covered by the operational programme. Advances may be 
made  in  respect  of  the  same  schemes  subject  to  the  provision  of  a  guarantee  or 
security. 

The  producer  organisation  shall  notify  the  Member  State  of  the  final  amount  of 
expenditure  for  the  previous  year,  accompanied  by  the  necessary  supporting 
documents, so that it may receive the balance of the Union financial assistance. 

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6. 

Operational  programmes  and 
financing  by  producers  and  producer 
organisations on the one hand and by Union funds on the other shall have a minimum 
duration of three and a maximum duration of five years. 

their 

Article 126 

Delegated powers 

In order to ensure an efficient, targeted and sustainable support of producer organisations in 
the fruit and vegetables sector, the Commission may, by means of delegated acts, adopt rules 
on:  

(a) 

operational funds and operational programmes, including rules on:  

(i) 

the financing and use of operational funds; 

(ii) 

the content, approval and modification of operational programmes; 

(iii) 

the  eligibility  of  measures,  actions  or  expenditure  under  an  operational 
programme and complementary national rules in this respect;  

(iv) 

the  relationship  between  operational  programmes  and  rural  development 
programmes; 

(v)  partial operational programmes; 

(vi)  monitoring and evaluation of operational programmes; 

(b) 

the national framework and national strategy for operational programmes, including 
rules on:  

(i) 

the structure and content of a national framework and a national strategy;  

(ii)  monitoring,  evaluation  and  communications  in  respect  of  the  national 

framework and the national strategies; 

(c) 

Union financial assistance, including rules on:  

(i) 

the  basis  for  the  calculation  of  Union  financial  assistance,  in  particular  the 
value of the marketed production of a producer organisation; 

(ii) 

applicable reference periods for the calculation of aid; 

(iii)  reductions of financial assistance entitlements in case of late submission of aid 

applications; 

(iv) 

the lodging and forfeiture of securities in case of advance payments; 

(d) 

crisis prevention and management measures, including rules on: 

(i) 

the selection of crisis prevention and management measures;  

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(ii) 

the definition of market withdrawal; 

(iii)  destinations for withdrawn products; 

(iv) 

the maximum support for market withdrawals; 

(v)  prior notifications in case of market withdrawals; 

(vi) 

the calculation of the volume of marketed production in case of withdrawals; 

(vii)  the  display  of  the  European  emblem  on  packages  of  products  for  free 

distribution; 

(viii)  the conditions for the recipients of withdrawn products; 

(ix) 

the definitions of green harvesting and non-harvesting; 

(x) 

the conditions for the application of green harvesting and non-harvesting;  

(xi) 

the objectives of harvest insurance; 

(xii)  the definition of adverse climatic event; 

(xii)  the  conditions  for  support  for  the  administrative  cost  of  setting  up  mutual 

funds; 

(e) 

national financial assistance, including rules on: 

(i) 

the degree of organisation of producers; 

(ii)  modifications of operational programmes; 

(iii)  reductions  of  financial  assistance  entitlements  in  case  of  late  submission  of 

financial assistance applications; 

(iv) 

the lodging, releasing and forfeiture of securities in case of advance payments; 

(v) 

the  maximum  proportion  of  union  reimbursement  of  the  national  financial 
assistance.  

Article 127 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures relating 
to this Subsection regarding:  

(a) 

(b) 

EN 

the  management  of  operational  funds  and  communications  in  respect  of  estimated 
amounts of operational funds; 

the  submission  of  operational  programmes,  including  time  limits  and  required 
accompanying documents;  

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(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

the format of operational programmes;  

the management of monitoring and evaluation of national strategies and operational 
programmes pursuant to Article 126(a)(vi); 

communications  by 
associations of producer organisations in respect of amounts of approved aid;  

the  Member  States 

the  producer  organisations  and 

to 

aid applications and payments of aid, including advance and partial payments of aid; 

loans to finance crisis prevention and management measures; 

the respect for marketing standards in case of withdrawals; 

transport, sorting and packaging costs in case of free distribution; 

promotion,  communication  and  training  measures  in  case  of  crisis  prevention  and 
management; 

the management of harvest insurance measures; 

provisions on state aids for crisis prevention and management measures; 

(m) 

the authorisation to pay national financial assistance; 

(n) 

(o) 

application for and payment of national financial assistance; 

reimbursement of national financial assistance. 

SUBSECTION III 

SCHOOL FRUIT SCHEME 

Article 128 

Aid for the supply of fruit and vegetable, processed fruit and vegetable and banana 
products to children 

1. 

Under  conditions  to  be  determined  by  the  Commission  by  means  of  delegated  and 
implementing acts pursuant to Articles 129 and 130, Union aid shall be granted for: 

(a) 

the supply to children in educational establishments, including nurseries, other 
pre-school  establishments,  primary  and  secondary  schools,  of  products  of  the 
fruit and vegetables, processed fruit and vegetables, and bananas sectors; and 

(b) 

certain  related  costs  linked  to  logistics  and  distribution,  equipment,  publicity, 
monitoring and evaluation. 

2. 

Member  States,  at  national  or  regional  level,  wishing  to  participate  in  the  scheme 
shall  draw  up  a  prior  strategy  for  its  implementation  containing,  in  particular,  the 

EN 

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budget of their scheme including the Union and national contributions, the duration, 
the target group, the eligible products and the involvement of relevant stakeholders. 
They  shall  also  provide  for  the  accompanying  measures  necessary  to  make  the 
scheme effective. 

3. 

When drawing up their strategies, Member States shall draw up a list of products of 
the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will 
be  eligible  under  their  respective  schemes.  This  list,  however,  shall  not  include 
products excluded by a measure adopted by the Commission by means of delegated 
acts  pursuant  to  Article  129.  They  shall  choose  their  products  on  the  basis  of 
objective  criteria  which  may  include  seasonality,  availability  of  produce  or 
environmental  concerns.  In  this  connection,  Member  States  may  give  preference  to 
products of EU origin. 

4. 

The Union aid referred to in paragraph 1 shall neither: 

(a) 

exceed EUR 90 million per school year; nor 

(b) 

exceed 50 % of the costs of supply and related costs referred to in paragraph 1, 
or 75 % of such costs in the regions eligible under the Convergence Objective 
in  accordance  with  Article  5(1)  of  Council  Regulation  (EC)  No  1083/200622 
and in the outermost regions referred to in Article 349 of the Treaty; nor 

(c) 

cover  costs  other  than  the  costs  of  supply  and  related  costs  referred  to  in 
paragraph 1. 

The Union aid provided for in paragraph 1 shall be allocated to each Member State 
on  the  basis  of  objective  criteria  based  on  their  proportion  of  six  to  ten  year  old 
children. However, Member States participating in the scheme shall each receive at 
least  EUR 175 000  of  Union  aid.  Member  States  participating  in  the  scheme  shall 
apply every year for Union aid on the basis of their strategy. Following the requests 
of the Member States, the Commission shall decide on definitive allocations, within 
the appropriations available in the budget. 

Union aid provided for in paragraph 1 shall not be used to replace funding for any 
existing  national  school  fruit  schemes  or  other  school  distribution  schemes  that 
include fruit. However, if a Member State already has a scheme in place that would 
be eligible for Union aid under this Article and intends to extend it or make it more 
effective, including as regards the target group of the scheme, its duration or eligible 
products,  Union  aid  may  be  granted  provided  that  the  limits  of  paragraph  4(b)  are 
abided by as regards the proportion of Union aid to the total national contribution. In 
this case, the Member State shall indicate in its strategy how it intends to extend its 
scheme or make it more effective. 

Member  States  may,  in  addition  to  Union  aid,  grant  national  aid  for  the  supply  of 
products  and  related  costs  referred  to  in  paragraph  1.  These  costs  may  also  be 
covered  by  contributions  from  the  private  sector.  Member  States  may  also  grant 
national aid for financing the accompanying measures referred to in paragraph 2. 

5. 

6. 

7. 

22 

OJ L 210, 31.7.2006, p. 25. 

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8. 

9. 

The Union School Fruit Scheme shall be without prejudice to any separate national 
school fruit schemes which are compatible with Union law. 

The  Union  may  also  finance,  under  Article  5  of  Regulation  (EC)  No  1290/2005, 
information,  monitoring  and  evaluation  measures  relating  to  the  School  Fruit 
Scheme, including raising public awareness of it, and related networking measures. 

Article 129 

Delegated powers 

1. 

In  order  to  promote  the  healthy  eating  habits  of  children,  the  Commission  may,  by 
means of delegated acts, adopt rules on: 

(a) 

the products that are ineligible for the scheme; 

(b) 

the target group of the scheme; 

(c) 

the national or regional strategies that Member States must draw up in order to 
benefit from the aid, including the accompanying measures; 

(d) 

the approval and selection of aid applicants. 

2. 

In order to ensure the efficient and targeted use of European Funds, the Commission 
may by means of delegated acts, adopt rules on: 

(a) 

the  indicative  allocation  of  aid  between  Member  States,  the  method  for 
reallocating  aid  between  Member  States  based  on  applications  received  and 
any reductions to be applied as a consequence of non-compliance with the rules 
of the scheme; 

(b) 

the costs eligible for aid, including the  possibility  of  fixing  an  overall  ceiling 
for such costs; 

(c)  monitoring and evaluation. 

3. 

4. 

In order to ensure that operators respect their obligations the Commission shall, by 
means of delegated acts, adopt measures to prevent fraud and irregularities including 
the  suspension  of  the  right  to  participate  in  the  scheme  and  the  withdrawal  of 
approval. 

In  order  to  promote  awareness  of  the  scheme  the  Commission  may,  by  means  of 
delegated acts, require beneficiaries to publicise the subsidising role of the scheme. 

Article 130 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Subsection as regards, in particular:  

EN 

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(a) 

(b) 

(c) 

(d) 

(e) 

the definitive allocation of aid between Member States; 

the aid applications and payments; 

the checks; 

the methods of publicising, and networking measures in respect of, the scheme; 

the notification of information to the Commission. 

SECTION VII 

SUPPORT PROGRAMMES IN THE WINE SECTOR 

SUBSECTION I 

INTRODUCTORY PROVISIONS 

Article 131 

Scope 

This Section lays down the rules governing the attribution of Union funds to Member States 
and  the  use  of  those  funds  by  Member  States  through  national  support  programmes 
(hereinafter referred to as support programmes) to finance specific support measures to assist 
the wine sector. 

Article 132 

Compatibility and consistency 

1. 

2. 

Support  programmes  shall  be  compatible  with  Union  law  and  consistent  with  the 
activities, policies and priorities of the Union. 

Member States shall be responsible for the support programmes and ensure that they 
are  internally  consistent  and  drawn  up  and  implemented  in  an  objective  manner, 
taking into account the economic situation of the producers concerned and the need 
to avoid unjustified unequal treatment between producers. 

Member States shall be responsible for providing for and carrying out the necessary 
checks,  verifications  and  penalties  in  case  of  non-compliance  with  the  support 
programmes. 

3. 

No support shall be granted: 

(a) 

for research projects and measures to support research projects; 

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(b) 

for  measures  which  are  contained  in  Member  States’  rural  development 
programmes under Regulation (EC) No 1698/2005. 

SUBSECTION II 

SUBMISSION AND CONTENT OF SUPPORT PROGRAMMES 

Article 133 

Submission of support programmes 

1. 

Each producer Member State referred to in Annex X shall submit to the Commission 
a  draft  five-year  support  programme  containing  measures  in  accordance  with  this 
Section. 

Support  programmes 
the  first 
subparagraph  of  Article 5(1)  of  Council  Regulation  (EC)  No 479/200823  shall 
continue to apply under this Regulation. 

that  became  applicable 

in  accordance  with 

The  support  measures  in  the  support  programmes  shall  be  drawn  up  at  the 
geographical  level  which  the  Member  States  deem  most  appropriate.  Before  being 
submitted to the Commission, the support programme shall be subject to consultation 
with the competent authorities and organisations at the appropriate territorial level. 

Each  Member  State  shall  submit  one  single  draft  support  programme  which  may 
accommodate regional particularities. 

2. 

Support programmes shall become applicable three months after their submission to 
the Commission. 

However,  if  the  Commission,  by  means  of  an  implementing  act  without  the 
assistance  of  the  Committee  referred  to  in  Article  323(1),  finds  that  the  submitted 
support  programme  does not comply  with the conditions laid down in this Section, 
the Commission shall inform the Member State thereof. In such a case, the Member 
State  shall  submit  a  revised  support  programme  to  the  Commission.  The  revised 
support programme shall become applicable two months after its notification unless 
an incompatibility persists in which case this subparagraph shall apply. 

3. 

4. 

Paragraph  2  shall  apply  mutatis  mutandis  to  changes  in  respect  of  support 
programmes submitted by Member States. 

Article 134  shall  not  apply  where  a  Member  State’s  only  measure  in  a  support 
programme  consists  of  the  transfer  to  the  Single  Payment  Scheme  referred  to  in 
Article 137.  In  such  case,  Article 308(5)  shall  apply  only  in  relation  to  the  year  in 
which the transfer takes place and Article 308(6) shall not apply. 

23 

OJ L 148, 6.6.2008, p. 1. 

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Article 134 

Content of support programmes 

Support programmes shall consist of the following elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

a detailed description of the measures proposed as well as their quantified objectives; 

the results of consultations held; 

an  appraisal  showing  the  expected  technical,  economic,  environmental  and  social 
impact; 

a schedule for implementing the measures; 

a  general  financing  table  showing  the  resources  to  be  deployed  and  the  envisaged 
indicative  allocation  of  the  resources  between  the  measures  in  accordance  with 
ceilings provided for in Annex X; 

the  criteria  and  quantitative  indicators  to  be  used  for  monitoring  and  evaluation  as 
well  as  the  steps  taken  to  ensure  that  the  support  programmes  are  implemented 
appropriately and effectively; and 

the designation of competent authorities and bodies responsible for implementing the 
support programme. 

Article 135 

Eligible measures 

1. 

Support programmes shall contain one or more of the following measures: 

(a)  Single Payment Scheme support in accordance with Article 137; 

(b)  promotion in accordance with Article 138; 

(c) 

restructuring and conversion of vineyards in accordance with Article 139; 

(d)  green harvesting in accordance with Article 140; 

(e)  mutual funds in accordance with Article 141; 

(f) 

harvest insurance in accordance with Article 142; 

(g) 

investments in accordance with Article 143; 

(h)  by-product distillation in accordance with Article 144; 

(i) 

potable alcohol distillation in accordance with Article 103w of Regulation (EC) 
No 1234/2007; 

EN 

119 

   EN 

 
 
 
(j) 

crisis  distillation  in  accordance  with  Article 103x  of  Regulation  (EC)  No 
1234/2007; 

(k)  use of concentrated grape must in accordance with Article 103y of Regulation 

(EC) No 1234/2007. 

Support programmes shall not contain other measures than the ones listed in Articles 
137 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) 
No 1234/2007. 

Article 136 

General rules concerning support programmes 

The  allocation  of  the  available  Union  funds  as  well  as  the  budgetary  limits  are 
provided for in Annex X. 

Union support shall only relate to eligible expenditure incurred after the submission 
of the relevant support programme as referred to in Article 133(1). 

Member States shall not contribute to the costs of measures  financed  by the Union 
under the support programmes. 

By  way  of  derogation  from  paragraph  3,  Member  States  may  grant  national  aid  in 
accordance with the relevant Union rules on State aid for the measures referred to in 
Articles 138, 142 and 143. 

The maximum aid rate as laid down in the relevant Union rules on State aids shall 
apply to the global public financing, including both Union and national funds. 

SUBSECTION III 

SPECIFIC SUPPORT MEASURES 

Article 137 

Single Payment Scheme and support to vine-growers 

Member States may provide support to vine-growers by allocating to them payment 
entitlements  within  the  meaning  of  Chapter  1  of  Title  III  of  Regulation  (EC) 
No 73/2009 in accordance with point O of Annex VII to that Regulation. 

Member  States  intending  to  make  use  of  the  possibility  referred  to  in  paragraph  1 
shall  foresee  such  support  in  their  support  programmes,  including,  as  regards 
subsequent transfers of funds to the Single Payment Scheme, by way of changes to 
those programmes in accordance with Article 133(3). 

2. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Once effective, support as referred to in paragraph 1 shall: 

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120 

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(a) 

remain in the Single Payment Scheme and no longer be available, or be made 
available under Article 133(3), for the measures listed in Articles 138 to 144 of 
this  Regulation  and  Articles  103w,  103x  and  103y  of  Regulation  (EC)  No 
1234/2007 in subsequent years of the operation of the support programmes; 

(b) 

commensurately  reduce  the  amount  of  funds  available  for  measures  listed  in 
Articles  138  to  144  of  this  Regulation  and  Articles  103w,  103x  and  103y  of 
Regulation (EC) No 1234/2007 in the support programmes. 

Article 138 

Promotion on third-country markets 

1. 

2. 

Support under this Article shall cover information or promotion measures concerning 
Union  wines  in  third  countries,  thereby  improving  their  competitiveness  in  those 
countries. 

The  measures  referred  to  in  paragraph  1  shall  relate  to  wines  with  a  protected 
designation  of  origin  or  a  protected  geographical  indication  or  wines  with  an 
indication of the wine grape variety. 

3. 

The measures referred to in paragraph 1 may consist only of: 

(a) 

relations,  promotion  or  advertisement  measures, 

public 
in  particular 
highlighting  the  advantages  of  the  Union  products,  especially  in  terms  of 
quality, food safety or environmental friendliness; 

(b)  participation at events, fairs or exhibitions of international importance; 

(c) 

information  campaigns, 
in  particular  on 
designations of origin, geographical indications and organic production; 

the  Union  systems  covering 

(d) 

studies of new markets, necessary for the expansion of market outlets; 

(e) 

studies to evaluate the results of the information and promotion measures. 

4. 

The Union contribution to promotion activities shall not exceed 50 % of the eligible 
expenditure. 

Article 139 

Restructuring and conversion of vineyards 

1. 

2. 

The objective of measures relating to the restructuring and conversion of vineyards 
shall be to increase the competitiveness of wine producers. 

The restructuring and conversion of vineyards shall be supported in accordance with 
this Article only if Member States submit the inventory of their production potential 
in accordance with Article 304(3). 

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121 

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3. 

Support  for  the  restructuring  and  conversion  of  vineyards  may  only  cover  one  or 
more of the following activities: 

(a) 

varietal conversion, including by means of grafting-on; 

(b) 

relocation of vineyards; 

(c) 

improvements to vineyard management techniques. 

The  normal  renewal  of  vineyards  which  have  come  to  the  end  of  their  natural  life 
shall not be supported. 

4. 

Support  for  the  restructuring  and  conversion  of  vineyards  may  only  take  the 
following forms: 

(a) 

compensation to producers for the loss of revenue due to the implementation of 
the measure; 

(b) 

contribution to the costs of restructuring and conversion. 

5. 

Compensation  to  producers  for  the  loss  of  revenue  as  referred  to  in  paragraph  4(a) 
may cover up to 100 % of the relevant loss and take either of the following forms: 

(a) 

notwithstanding Subsection II of Section V of Chapter III of Title I of Part II 
setting  out  the  transitional  planting  right  regime,  the  permission  for  both  old 
and new vines to coexist for a fixed period which shall not exceed three years, 
until the end of the transitional regime concerning planting rights; 

6. 

1. 

2. 

3. 

(b) 

financial compensation. 

The  Union  contribution  to  the  actual  costs  of  the  restructuring  and  conversion  of 
vineyards  shall  not  exceed  50 %.  In  regions  classified  as  convergence  regions  in 
accordance with Regulation (EC) No 1083/2006, the Union contribution to the costs 
of restructuring and conversion shall not exceed 75 %. 

Article 140 

Green harvesting 

For  the  purposes  of  this  Article,  green  harvesting  means  the  total  destruction  or 
removal  of  grape  bunches  while  still  in  their  immature  stage,  thereby  reducing  the 
yield of the relevant area to zero. 

Support for green harvesting shall contribute to restoring the balance of supply and 
demand in the market in wine in the Union in order to prevent market crises. 

Support  for  green  harvesting  may  be  granted as  compensation  in  the  form  of  a  flat 
rate payment per hectare to be determined by the Member State concerned. 

EN 

122 

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4. 

1. 

2. 

1. 

2. 

The payment shall not exceed 50 % of the sum of the direct costs of the destruction 
or  removal  of  grape  bunches  and  the  loss  of  revenue  related  to  such  destruction  or 
removal. 

The Member States concerned shall establish a system based on objective criteria to 
ensure that the green harvesting measure does not lead to compensation of individual 
wine  producers  in  excess  of  the  ceiling  referred  to  in  the  second  subparagraph  of 
paragraph 3. 

Article 141 

Mutual funds 

Support  for  the  setting  up  of  mutual  funds  shall  provide  assistance  to  producers 
seeking to insure themselves against market fluctuations. 

Support for the setting up of mutual funds may be granted in the form of temporary 
and degressive aid to cover the administrative costs of the funds. 

Article 142 

Harvest insurance 

Support  for  harvest  insurance  shall  contribute  to  safeguarding  producers’  incomes 
where these are affected by natural disasters, adverse climatic events, diseases or pest 
infestations. 

Support  for  harvest  insurance  may  be  granted  in  the  form  of  a  financial  Union 
contribution which must not exceed: 

(a) 

80 % of the cost of the insurance premiums paid for by producers for insurance 
against losses resulting from adverse climatic events which can be assimilated 
to natural disasters; 

(b)  50 % of the cost of the insurance premiums paid for by producers for insurance 

against: 

(i) 

losses referred to in point (a) and against other losses caused by adverse 
climatic events; 

(ii) 

losses caused by animals, plant diseases or pest infestations. 

3. 

Support  for  harvest  insurance  may  only  be  granted  if  the  insurance  payments 
concerned  do  not  compensate  producers  for  more  than  100 %  of  the  income  loss 
suffered,  taking  into  account  any  compensation  the  producers  may  have  obtained 
from other support schemes related to the insured risk. 

4. 

Support for harvest insurance shall not distort competition in the insurance market. 

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Article 143 

Investments 

1. 

2. 

3. 

4. 

Support  may  be  granted  for  tangible  or  intangible  investments  in  processing 
facilities,  winery  infrastructure  and  marketing  of  wine  which  improve  the  overall 
performance of the enterprise and concern one or more of the following: 

(a) 

the production or marketing of products referred to in Part II of Annex XII; 

(b) 

the  development  of  new  products,  processes  and  technologies  related  to  the 
products referred to in Part II of Annex XII. 

Support under paragraph 1 at its maximum rate shall be limited to micro, small and 
medium-sized  enterprises  within  the  meaning  of  Commission  Recommendation 
2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-
sized enterprises24. For the territories of the Azores, Madeira, the Canary Islands, the 
smaller  Aegean  islands  within  the  meaning  of  Regulation  (EC)  No 1405/2006  and 
the  French  overseas  departments,  no  size  limits  shall  apply  for  the  maximum  rate. 
For  enterprises  that  are  not  covered  by  Article 2(1)  of  Title  I  of  the  Annex to 
Recommendation  2003/361/EC with  less than 750 employees or with a turnover of 
less than EUR 200 million, the maximum aid intensity shall be halved. 

Support  shall  not  be  granted  to  enterprises  in  difficulty  within  the  meaning  of  the 
Community  guidelines  on  State  aid  for  rescuing  and  restructuring  firms  in 
difficulty25. 

The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) 
and (c) of Regulation (EC) No 1698/2005. 

The  following  maximum  aid  rates  in  relation  to  the  eligible  investment  costs  shall 
apply to the Union contribution: 

(a) 

50 %  in  regions  classified  as  convergence  regions  in  accordance  with 
Regulation (EC) No 1083/2006; 

(b)  40 % in regions other than convergence regions; 

(c) 

in 

75 % 
No 247/2006; 

the  outermost  regions 

in  accordance  with  Regulation  (EC) 

(d)  65 %  in  the  smaller  Aegean  islands  within  the  meaning  of  Regulation  (EC) 

No 1405/2006. 

5. 

Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis to support 
referred to in paragraph 1 of this Article. 

24 
25 

OJ L 124, 20.5.2003, p. 36. 
OJ C 244, 1.10.2004, p. 2. 

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Article 144 

By-product distillation 

1. 

2. 

3. 

Support may be granted for the voluntary or obligatory distillation of by-products of 
wine making which has been carried out in accordance with the conditions laid down 
in Section D of Part II of Annex XIII. 

The  amount  of  aid  shall  be  fixed  per  %  volume  and  per  hectolitre  of  alcohol 
produced.  No  aid  shall  be  paid  for  the  volume  of  alcohol  contained  in  the  by-
products  to  be  distilled  which  exceeds  10 %  in  relation  to  the  volume  of  alcohol 
contained in the wine produced. 

The maximum applicable aid levels shall be based on collection and processing costs 
and  fixed  by  the  Commission  by  means  of  implementing  acts  pursuant  to  Article 
147. 

The alcohol resulting from the supported distillation referred to in paragraph 1 shall 
be  used  exclusively  for  industrial  or  energy  purposes  so  as  to  avoid  distortion  of 
competition. 

Article 145 

Cross-compliance 

Where farmers are found not to have complied on their holding, at any time during three years 
from payment under the support programmes for restructuring and conversion or at any time 
during one year from payment under the support programmes for green harvesting, with the 
statutory  management  requirements  and  the  good  agricultural  and  environmental  condition 
referred  to  in  Articles  6  and  22  to  24  of  Regulation  (EC)  No 73/2009,  the  amount  of  the 
payment shall, where non-compliance is the result of an action or omission directly imputable 
to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, 
permanence and repetition of the non-compliance, and the farmer shall, where applicable, be 
ordered to reimburse it in accordance with the conditions set out in those provisions. 

SUBSECTION IV 

PROCEDURAL PROVISIONS 

Article 146 

Delegated powers 

In order to ensure that support programmes meet their objectives and that there is a targeted 
use of European funds, the Commission may, by means of delegated acts, adopt rules: 

(a) 

on  the  responsibility  for  expenditure  between  the  date  of  receipt  of  the  support 
programmes,  and  modifications 
their  date  of 
applicability; 

to  support  programmes  and 

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(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

on  eligibility  criteria  of  support  measures,  the  type  of  expenditure  and  operations 
eligible  for  support,  measures  ineligible  for  support  and  the  maximum  level  of 
support per measure; 

on changes to support programmes after they have become applicable; 

on requirements and thresholds for advance payments, including the requirement for 
a security where an advance payment is made; 

containing general provisions and definitions for the purposes of this Section; 

to  avoid  misuse  of  the  support  measures,  including  restrictions  to  avoid  double 
funding of projects; 

under  which  producers  shall  withdraw  the  by-products  of  winemaking,  exceptions 
from this obligation in order to avoid additional administrative burden and provisions 
for the voluntary certification of distillers; 

laying  down  the  requirements,  including  specific  checks,  to  be  undertaken  by  the 
Member  States  for  the  implementation  of  the  support  measures,  as  well  as 
restrictions and checks to ensure consistency with the scope of the support measures; 

on the suspension of payments by the Commission in case of non-compliance by a 
Member  State  with  the  communication  requirements  or  if  the  communication 
appears incorrect; 

to  beneficiaries, 

regarding  payments 
insurance 
intermediaries  in  the  case  of  the  support  provided  for  in  Article  142,  recovery  of 
undue payments, national sanctions and artificially created situations for the purpose 
of payment. 

including  payments 

through 

Article 147 

Implementing powers 

The Commission may, by means of implementing acts, adopt the necessary measures related 
to this Section regarding: 

(a) 

(b) 

(c) 

(d) 

(e) 

requirements  relating  to  the  notification  of  the  support  programmes,  including  the 
content,  format,  timing,  deadlines  and  mechanism  of  notification,  and  the 
corresponding  financial  planning,  as  well  as  relating  to  the  revision  of  the 
programmes; 

communications relating to State aid; 

application and selection procedures; 

evaluation of the supported actions; 

the calculation and payment of aid for green harvesting and by-product distillation; 

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(f) 

(g) 

(h) 

1. 

2. 

requirements  on  financial  management  and  checks  of  the  support  measures  by  the 
Member States; 

rules on coherence of measures; 

rules  on  the  establishment  of  non-compliance  and  on  the  reduction,  cancellation  or 
reimbursement of amounts for the purposes of Article 145. 

SECTION VIII 

SPECIAL PROVISIONS FOR THE APICULTURE SECTOR 

Article 148 

Scope 

With  a  view  to  improving  general  conditions  for  the  production  and  marketing  of 
apiculture products, Member States may draw up a national programme for a period 
of three years (hereinafter referred to as the ‘apiculture programme’). 

Member  States  may  pay  specific  national  aids  for  the  protection  of  apiaries 
disadvantaged  by  structural  or  natural  conditions  or  under  economic  development 
programmes, except for those allocated for production or trade. These aids shall be 
notified  to  the  Commission  by  Member  States  together  with  the  submission  of  the 
apiculture programme in accordance with Article 152. 

Article 149 

Apiculture programme 

The measures which may be included in the apiculture programme shall be the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

technical assistance to beekeepers and groupings of beekeepers; 

control of varroasis; 

rationalisation of transhumance; 

measures  to  support  laboratories  carrying  out  analyses  of  the  physico-chemical 
properties of honey; 

measures to support the restocking of hives in the Union; 

cooperation  with  specialised  bodies  for  the  implementation  of  applied  research 
programmes in the field of beekeeping and apiculture products. 

Measures  financed  from  the  European  Agricultural  Fund  for  Rural  Development  in 
accordance  with  Regulation  (EC)  No 1698/2005  shall  be  excluded  from  the  apiculture 
programme. 

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Article 150 

Study of the production and marketing structure in the beekeeping sector 

To be eligible for the part-financing provided for in Article 151(1), Member States shall carry 
out  a  study  of  the  production  and  marketing  structure  in  the  beekeeping  sector  in  their 
territory. 

Article 151 

Financing 

1. 

2. 

The Union shall provide part-financing for the apiculture programmes equivalent to 
50 % of the expenditure borne by Member States. 

Expenditure relating to the measures taken under the apiculture programmes shall be 
made by the Member States by 15 October each year. 

Article 152 

Consultation 

The  apiculture  programme  shall  be  drawn  up  in  close  collaboration  with  the  representative 
organisations  and  beekeeping  cooperatives.  It  shall  be  submitted  to  the  Commission  for 
approval. 

Article 153 

Delegated powers 

In  order  to  ensure  a  targeted  use  of  Union  funds  for  apiculture,  the  Commission  may,  by 
means of delegated acts, adopt: 

(a) 

(b) 

rules  on  the  obligations  relating  to  the  content  of  national  programmes  and  the 
studies referred to in Article 150; and 

the  conditions  for  the  allocation  of  the  Union's  financial  contribution  to  each 
participating Member State based on inter alia total number of hives in the Union. 

Article 154 

Implementing powers 

The Commission may, by means of implementing acts: 

(a) 

adopt rules on the notification by Member States of their national programmes and 
adjustments to these programmes, including monitoring plans; 

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(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

adopt rules to ensure that measures financed under the apiculture programmes are not 
simultaneously  subject  to  payments  under  another  Union  scheme,  and  for  the 
reallocation of unused funds; 

approve  the  apiculture  programmes  submitted  by  Member  States,  including  the 
allocation of the Union's financial contribution; 

update the statistics on the number of bee hives based on information from Member 
States. 

SECTION IX 

AIDS IN THE SILKWORM SECTOR 

Article 155 

Aid to be granted to silkworm rearers 

Union aid shall be granted for silkworms falling within CN code ex 0106 90 00 and 
for silkworm eggs falling within CN code ex 0511 99 85 reared within the Union. 

The aid shall be granted to silkworm rearers for each box of silkworm eggs used, on 
condition that the boxes contain a minimum quantity of eggs, to be determined, and 
that the worms have been successfully reared. 

Member States are authorised to grant aid solely to rearers who have obtained their 
boxes of eggs from an approved body and who, on successful completion of rearing, 
have delivered the cocoons which have been produced to an approved body. 

Measures  on  fixing  the  aid  per  box  of  silkworm  eggs  used  shall  be  taken  by  the 
Council in accordance with Article 43(3) of the Treaty. 

Article 156 

Delegated powers 

In  order  to  ensure  efficient  use  of  European  Funds,  the  Commission  may,  by  means  of 
delegated acts, adopt rules on: 

(a) 

the  minimum  quantity  of  eggs  and  other  conditions  regarding  successful  rearing 
referred to in Article 155(2); 

(b) 

the conditions to be met by the approved bodies referred to in Article 155(3). 

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Article 157 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Section regarding: 

(a) 

(b) 

(c) 

(d) 

aid applications and accompanying documents; 

reductions to the aid in case of late submission of applications; 

Member State checks on the approved bodies referred to in Article 155(3); 

Member State notifications. 

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TITLE II 

RULES CONCERNING MARKETING AND PRODUCER 
ORGANISATIONS 

[CHAPTER I 

Rules concerning marketing 

SECTION I 

MARKETING STANDARDS  

SUBSECTION I 

INTRODUCTORY PROVISIONS 

Article 158 

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. 

SUBSECTION II 

GENERAL MARKETING STANDARD 

Article 159 

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. 

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2. 

3. 

2000/36/EC26, 

Where  no  marketing  standards  as  referred  to  in  Subsection  III  and  in  Council 
2001/114/EC29, 
Directives 
2001/110/EC30, 2001/111/EC31, were established, products listed in Annex I to this 
Regulation  which  are  ready  for  retail  sale  as  human  food  as  referred  to  in 
Article 3(7) of Regulation (EC) No 178/2002 may only be marketed if they conform 
to the general marketing standard. 

2001/112/EC27, 

2001/113/EC28, 

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 XI. 

Article 160 

Delegated powers 

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 159(1), and rules 
concerning the conformity referred to in paragraph 3 of that Article. 

SUBSECTION III 

 MARKETING STANDARDS BY SECTORS OR PRODUCTS 

Article 161 

General principle 

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 standards. 

Article 162 

Establishment and content 

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  sectors  or  products  referred  to  in 

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. 

1. 

26 
27 
28 
29 
30 
31 

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Article  158,  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  XII 
applies; 

(b) 

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

(c) 

the plant variety or animal race or the commercial type; 

(d) 

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; 

(e) 

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

(f) 

(g) 

(h) 

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; 

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(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 163, as well as the disposal of by-products; 

(t) 

time limits; 

(u)  notification 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. 

3. 

The  marketing  standards  by  sectors  or  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 163 

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

1. 

The  definitions,  designations  and/or  sale  descriptions  provided  for  in  Annex XII 
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 XII may be used 
in  the  Union  only  for  the  marketing  of  a  product  which  complies  with  the 
corresponding requirements laid down in Annex XII. 

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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 XII. 

Article 164 

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 165 

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 162(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 XIII and provided 
for in point (g) of Article 162(2) and in Article 168(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 XIII. 

Products  of  the  wine  sector  listed  in  Part  II  of  Annex  XII,  which  have  undergone 
unauthorised  Union  oenological  practices  or,  where  applicable,  unauthorised 

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national  oenological  practices  or  which  contravene  the  restrictions  laid  down  in 
Annex XIII, shall not be marketed in the Union. 

3. 

When authorising oenological practices for wine as referred to in point (g) of Article 
162(2), the Commission shall: 

(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 XIII. 

Article 166 

Wine grape varieties 

1. 

2. 

Products  listed  in  Part  II  of  Annex XII  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 

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years,  shall  be  exempted  from  the  classification  obligation  referred  to  in  the  first 
subparagraph of paragraph 2. 

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 3 are 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 167 

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 166(2) but not 
conforming to one of the categories laid down in Part II of Annex XII, shall be used only for 
consumption by individual wine-producers’ households, for the production of wine vinegar or 
for distillation. 

Article 168 

National rules for certain products and/or sectors 

1. 

Notwithstanding  Article 162(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. 

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2. 

3. 

4. 

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

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. 

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. 

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. 

SUBSECTION IV 

 MARKETING STANDARDS RELATED TO IMPORT AND EXPORT 

Article 169 

General provisions 

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  161  and 
determine the rules relating to the application of the marketing standards to products exported 
from the Union. 

Article 170 

Special provisions for the imports of wine 

1. 

Save as otherwise provided for in agreements concluded pursuant to Article 218 of 
the  Treaty,  the  provisions  concerning  designation  of  origin  and  geographical 
indications  and  labelling  of  wine  set  out  in  the  Subsection  II  of  Section  II  of  this 
Chapter and in the definitions and sales descriptions referred to in Article 163 of this 

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Regulation,  shall  apply  to  products  falling  under  CN  codes  2009 61,  2009 69  and 
2204 which are imported into the Union. 

2. 

3. 

Save as otherwise provided for in agreements concluded pursuant to Article 218 of 
the  Treaty,  products  referred  to  in  paragraph  1  of  this  Article  shall  be  produced  in 
accordance  with  oenological  practices  recommended  and  published  by  the  OIV  or 
authorised by the Union pursuant to this Regulation and measures adopted pursuant 
to this Regulation. 

The  import  of  the  products  referred  to  in  paragraph  1  shall  be  subject  to  the 
presentation of: 

(a) 

(b) 

a  certificate  evincing  compliance  with 
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; 

the  provisions  referred 

to 

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. 

SUBSECTION V 

COMMON PROVISIONS 

Article 171 

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 172 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Section and in particular: 

(a) 

(b) 

(c) 

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

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

draw up the list of the products referred to in the second paragraph of point 5 of Part 
III of Annex XII and in point (a) of the sixth paragraph of Part VI of Annex XII, 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 

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point 5 of Part III of Annex XII and in point (a) of the sixth paragraph of Part VI of 
Annex XII and which Member States shall send to the Commission;  

lay  down  rules  for  the  implementation  of  the  marketing  standards  by  sector  or 
product  including  the  detailed  rules  for  the  taking  of  samples  and  the  methods  of 
analysis for determining the composition of products;  

lay  down  rules  whereby  it  may  be  established  whether  products  have  undergone 
processes contrary to the authorised oenological practices;  

lay  down  rules  for  performing  the  checks  of  compliance  with  the  marketing 
standards by sector or product;  

lay down rules for fixing of the tolerance level; 

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; 

adopt the necessary measures for the implementation of the derogation provided for 
in Article 169.] 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

SECTION II 

DESIGNATIONS OF ORIGIN, GEOGRAPHICAL INDICATIONS AND TRADITIONAL 
TERMS IN THE WINE SECTOR 

SUBSECTION I 

INTRODUCTORY PROVISIONS 

Article 173 

Scope 

1. 

Rules  relating  to  designations  of  origin,  geographical  indications  and  traditional 
terms laid down in this Section shall apply to the products referred to in points 1, 3 
to 6, 8, 9, 11, 15 and 16 of Part II of Annex XII. 

2. 

The rules referred to in paragraph 1 shall be based on: 

(a) 

protecting of legitimate interests of: 

(i) 

consumers; and 

(ii)  producers; 

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(b) 

(c) 

ensuring  the  smooth  operation  of  the  internal  market  in  the  products 
concerned; and 

promoting the production of quality products, whilst allowing national quality 
policy measures. 

SUBSECTION II 

DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS 

Article 174 

Definitions 

1. 

For the purposes of this Subsection, the following definitions shall apply: 

(a) 

"designation  of  origin”  means  the  name  of  a  region,  a  specific  place  or,  in 
exceptional  cases,  a  country  used  to  describe  a  product  referred  to  in 
Article 173(1) that complies with the following requirements: 

(i) 

its  quality  and  characteristics  are  essentially  or  exclusively  due  to  a 
particular geographical environment with its inherent natural and human 
factors; 

(ii) 

the  grapes  from  which  it  is  produced  come  exclusively  from  this 
geographical area; 

(iii) 

its production takes place in this geographical area; and 

(iv) 

it is obtained from vine varieties belonging to Vitis vinifera; 

(b) 

"geographical indication” means an indication referring to a region, a specific 
place or, in exceptional cases, a country, used to describe a product referred to 
in Article 173(1) which complies with the following requirements: 

(i) 

it  possesses  a  specific  quality,  reputation  or  other  characteristics 
attributable to that geographical origin; 

(ii) 

at least 85 % of the grapes used for its production come exclusively from 
this geographical area; 

(iii) 

its production takes place in this geographical area; and 

(iv) 

it  is  obtained  from  vine  varieties  belonging  to  Vitis  vinifera  or  a  cross 
between the Vitis vinifera species and other species of the genus Vitis. 

2. 

Certain traditionally used names shall constitute a designation of origin where they: 

(a) 

designate a wine; 

EN 

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(b) 

refer to a geographical name; 

(c)  meet the requirements referred to in paragraph 1(a)(i) to (iv); and 

(d)  undergo  the  procedure  conferring  protection  on  designations  of  origin  and 

geographical indications laid down in this Subsection. 

3. 

Designations  of  origin  and  geographical  indications,  including  those  relating  to 
geographical areas in third countries, shall be eligible for protection in the Union in 
accordance with the rules laid down in this Subsection. 

Article 175 

Content of applications for protection 

1. 

Applications  for  protection  of  names  as  designations  of  origin  or  geographical 
indications shall include a technical file containing: 

(a) 

the name to be protected; 

(b) 

the name and address of the applicant; 

(c) 

a product specification as referred to in paragraph 2; and 

(d) 

a  single  document  summarising  the  product  specification  referred  to  in 
paragraph 2. 

2. 

The  product  specification  shall  enable  interested  parties  to  verify  the  relevant 
conditions of production of the designation of origin or geographical indication. 

It shall consist at least of: 

(a) 

the name to be protected; 

(b) 

a description of the wine(s): 

(i) 

(ii) 

for  wines  with  a  designation  of  origin,  its  principal  analytical  and 
organoleptic characteristics; 

for  wines  with  a  geographical  indication,  its  principal  analytical 
characteristics as well  as an  evaluation  or indication of  its  organoleptic 
characteristics; 

(c)  where applicable, the specific oenological practices used to make the wine(s) 

as well as the relevant restrictions on making the wine(s); 

(d) 

the demarcation of the geographical area concerned; 

(e) 

the maximum yields per hectare; 

(f) 

an  indication  of  the  wine  grape  variety  or  varieties  the  wine(s)  is  obtained 
from; 

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(g) 

(h) 

the details bearing out the link referred to in Article 174(1)(a)(i) or, as the case 
may be, in Article 174(1)(b)(i); 

applicable  requirements  laid  down  in  Union  or  national  legislation  or,  where 
foreseen  by  Member States, by an  organisation which  manages  the  protected 
designation of origin or the protected geographical indication, having regard to 
the fact that such requirements shall be objective, and non-discriminatory and 
compatible with Union law; 

(i) 

the  name  and  address  of  the  authorities  or  bodies  verifying  compliance  with 
the provisions of the product specification and their specific tasks. 

Article 176 

Application for protection relating to a geographical area in a third country 

Where the application for protection concerns a geographical area in a third country, 
it shall contain in addition to the elements provided for in Article 175, proof that the 
name in question is protected in its country of origin. 

The application shall be sent to the Commission, either directly from the applicant or 
via the authorities of the third country concerned. 

The  application  for  protection shall  be  filed  in  one  of  the  official  languages  of  the 
Union or accompanied by a certified translation into one of those languages. 

Article 177 

Applicants 

Any  interested  group  of  producers,  or  in  exceptional  cases  a  single  producer,  may 
apply for the protection of a designation of origin or geographical indication. Other 
interested parties may participate in the application.  

Producers  may  lodge  an  application  for  protection  only  for  wines  which  they 
produce. 

In  the  case  of  a  name  designating  a  trans-border  geographical  area  or  a  traditional 
name  connected  to  a  trans-border  geographical  area,  a  joint  application  may  be 
lodged. 

Article 178 

Preliminary national procedure 

Applications for protection of a designation of origin or a geographical indication of 
wines in accordance with Article 174 originating in the Union shall be subject to a 
preliminary national procedure in accordance with this Article. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

EN 

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2. 

3. 

4. 

The application for protection shall be filed with the Member State in which territory 
the designation of origin or geographical indication originates. 

The  Member  State  shall  examine  the  application  for  protection  in  order  to  verify 
whether it meets the conditions set out in this Subsection. 

The  Member  State  shall  carry  out  a  national  procedure  ensuring  adequate 
publication of the application and providing for a period of at least two months from 
the date of publication within which any natural or legal person having a legitimate 
interest  and  resident  or  established  on  its  territory  may  object  to  the  proposed 
protection by lodging a duly substantiated statement with the Member State. 

If  the  Member  State  considers  that  the  designation  of  origin  or  geographical 
indication  does  not  meet  the  relevant  requirements  or  is  incompatible  with  Union 
law in general, it shall reject the application. 

5. 

If the Member State considers that the relevant requirements are met, it shall: 

(a) 

(b) 

publish  the  single  document  and  the  product  specification  at  least  on  the 
Internet; and 

forward  to  the  Commission  an  application  for  protection  containing  the 
following information: 

(i) 

the name and address of the applicant; 

(ii) 

the single document referred to in Article 175(1)(d); 

(iii)  a declaration by the Member State that it considers that the application 

lodged by the applicant meets the conditions required; and 

(iv) 

the reference to publication, as referred to in point (a). 

The information referred to in point (b) of the first subparagraph shall be forwarded 
in  one  of  the  official  languages  of  the  Union  or  accompanied  by  a  certified 
translation into one of those languages. 

6. 

7. 

Member States shall have the laws, regulations or administrative provisions in place 
that  are  necessary  to  comply  with  Article  118f  of  Regulation  (EC)  No  1234/2007 
and this Article as from 1 August 2009. 

Where  a  Member  State  has  no  national  legislation  concerning  the  protection  of 
designations  of  origin  and  geographical  indications,  it  may,  on  a  transitional  basis 
only, grant protection to the name in accordance with the terms of this Subsection at 
national  level  with  effect  from  the  day  the  application  is  lodged  with  the 
Commission. Such transitional national protection shall cease on the date on which a 
decision on registration or refusal under this Subsection is taken. 

EN 

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Article 179 

Scrutiny by the Commission 

1. 

2. 

3. 

4. 

The Commission shall make the date of submission of the application for protection 
of the designation of origin or geographical indication public. 

The Commission shall examine whether the applications for protection referred to in 
Article 178(5) meet the conditions laid down in this Subsection. 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Subsection 
are  met,  it  shall,  by  means  of  implementing  acts  without  the  assistance  of  the 
Committee referred to in Article 323(1), decide to publish in the Official Journal of 
the  European  Union  the  single  document  referred  to  in  Article 175(1)(d)  and  the 
reference to the publication of the product specification referred to in Article 178(5). 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Subsection 
are not met, it shall, by means of implementing acts, decide to reject the application. 

Article 180 

Objection procedure 

Within two months from the date of publication provided for in Article 179(3), any Member 
State or third country, or any natural or legal person having a legitimate interest, resident or 
established in a Member State other than that applying for the protection or in a third country, 
may object  to  the proposed protection by lodging a  duly substantiated statement relating to 
the conditions of eligibility as laid down in this Subsection with the Commission. 

In  the  case  of  natural  or  legal  persons  resident  or  established  in  a  third  country,  such 
statement shall be lodged, either directly or via the authorities of the third country concerned, 
within the time limit of two months referred to in the first paragraph. 

Article 181 

Decision on protection 

On  the  basis  of  the  information  available  to  the  Commission  upon  the  completion  of  the 
objection  procedure  referred  to  in  Article  180,  the  Commission  shall,  by  means  of 
implementing  acts,  either  decide  to  confer  protection  on  the  designation  of  origin  or 
geographical  indication  which  meets  the  conditions  laid  down  in  this  Subsection  and  is 
compatible  with  Union  law,  or  to  reject  the  application  where  those  conditions  are  not 
satisfied. 

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Article 182 

Homonyms 

1. 

A  name,  for  which  an  application  is  lodged,  and  which  is  wholly  or  partially 
homonymous  with  that  of  a  name  already  registered  under  this  Regulation 
concerning  the  wine  sector,  shall  be  registered  with  due  regard  for  local  and 
traditional usage and for any risk of confusion. 

A  homonymous  name  which  misleads  the  consumer  into  believing  that  products 
come from another territory shall not be registered even if the name is accurate as far 
as  the  actual  territory,  region  or  place  of  origin  of  the  products  in  question  is 
concerned. 

The  use  of  a  registered  homonymous  name  shall  be  subject  to  there  being  a 
sufficient distinction in practice between the homonym registered subsequently and 
the  name  already  on  the  register,  having  regard  to  the  need  to  treat  the  producers 
concerned in an equitable manner and the need not to mislead the consumer. 

Paragraph  1  shall  apply  mutatis  mutandis  if  a  name,  for  which  an  application  is 
lodged, is wholly or partially homonymous with a geographical indication protected 
as such under the legislation of Member States. 

Member  States  shall  not  register  non-identical  geographical  indications  for 
protection  under  their  respective  legislation  on  geographical  indications  if  a 
designation of origin or geographical indication is protected in the Union by virtue 
of the Union law relevant to designations of origin and geographical indications. 

Where  the  name  of  a  wine  grape  variety  contains  or  consists  of  a  protected 
designation of origin or a protected geographical indication, that name shall not be 
used  for  the  purposes  of  labelling  the  products  covered  by  this  Regulation,  except 
where otherwise decided by the Commission, by means of delegated acts, in order to 
take existing labelling practices into account. 

The  protection  of  designations  of  origin  and  geographical  indications  for  products 
covered  in  Article 174  shall  be  without  prejudice  to  protected  geographical 
indications  applying  in  relation  to  spirit  drinks  within  the  meaning  of  Regulation 
(EC) No 110/2008 of the European Parliament and of the Council32 and vice versa. 

2. 

3. 

4. 

Article 183 

Grounds for refusal of protection 

1. 

Names that have become generic shall not be protected as a designation of origin or 
geographical indication. 

For  the  purposes  of  this  Subsection,  a  “name  that  has  become  generic”  means  the 
name  of  a  wine  which,  although  it  relates  to  the  place  or  the  region  where  this 

32 

OJ L 39, 13.2.2008, p. 16. 

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2. 

1. 

2. 

product  was  originally  produced  or  marketed,  has  become  the  common  name  of  a 
wine in the Union. 

To establish whether or not a name has become generic, account shall be taken of all 
relevant factors, in particular: 

(a) 

the existing situation in the Union, notably in areas of consumption; 

(b) 

the relevant Union or national legislation. 

A name shall not be protected as a designation of origin or geographical indication 
where,  in  the  light  of  a  trademark’s  reputation  and  renown,  protection  is  liable  to 
mislead the consumer as to the true identity of the wine. 

Article 184 

Relationship with trademarks 

Where  a  designation  of  origin  or  a  geographical  indication  is  protected  under  this 
Regulation,  the  registration  of  a  trademark  corresponding  to  one  of  the  situations 
referred  to  in  Article 185(2)  and  relating  to  a  product  falling  under  one  of  the 
categories  listed  in  Part  II  of  Annex XII  shall  be  refused  if  the  application  for 
registration  of  the  trademark  is  submitted  after  the  date  of  submission  of  the 
application for protection of the designation of origin or geographical indication to 
the  Commission  and  the  designation  of  origin  or  geographical  indication  is 
subsequently protected. 

Trademarks registered in breach of the first subparagraph shall be invalidated. 

Without  prejudice  to  Article 183(2),  a  trademark  the  use  of  which  corresponds  to 
one  of  the  situations  referred  to  in  Article 185(2),  which  has  been  applied  for, 
registered or established by use, if that possibility is provided for by the legislation 
concerned, in the territory of the Union before the date on which the application for 
protection of the designation of origin or geographical indication is submitted to the 
Commission,  may  continue  to  be used and  renewed  notwithstanding the  protection 
of  a  designation  of  origin  or  geographical  indication,  provided  that  no  grounds  for 
the  trademark’s  invalidity  or  revocation  exist  as  specified  by  the  Directive 
2008/95/EC  of  the  European  Parliament  and  of  the  Council33  or  by  Council 
Regulation (EC) No 207/200934.  

In such cases the use of the designation of origin or geographical indication shall be 
permitted alongside the relevant trademarks. 

33 
34 

OJ L 299, 8.11.2008, p. 25. 
OJ L 78, 24.3.2009, p. 1. 

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Article 185 

Protection 

1. 

2. 

3. 

4. 

Protected  designations  of  origins  and  protected  geographical  indications  may  be 
used by any operator marketing a wine which has been produced in conformity with 
the corresponding product specification.  

Protected  designations  of  origins  and  protected  geographical  indications  and  the 
wines using those protected names in conformity with the product specification shall 
be protected against: 

(a) 

any direct or indirect commercial use of a protected name: 

(i) 

by comparable products not complying with the product specification of 
the protected name; or 

(ii) 

in so far as such use exploits the reputation of a designation of origin or 
a geographical indication; 

(b) 

(c) 

any  misuse,  imitation  or  evocation,  even  if  the  true  origin  of  the  product  or 
service is indicated or if the protected name is translated or accompanied by an 
expression  such  as  “style”,  “type”,  “method”,  “as  produced  in”,  “imitation”, 
“flavour”, “like” or similar; 

any other false or misleading indication as to the provenance, origin, nature or 
essential qualities of the product, on the inner or outer packaging, advertising 
material or documents relating to the wine product concerned, and the packing 
of the product in a container liable to convey a false impression as to its origin; 

(d) 

any  other  practice  liable  to  mislead  the  consumer  as  to  the  true  origin  of  the 
product. 

Protected  designations  of  origin  or  protected  geographical  indications  shall  not 
become generic in the Union within the meaning of Article 183(1).  

Member  States  shall  take  the  steps  necessary  to  stop  unlawful  use  of  protected 
designations  of  origin  and  protected  geographical  indications  as  referred  to  in 
paragraph 2.  

Article 186 

Register 

The Commission shall establish and maintain an electronic register of protected designations 
of origin and protected geographical indications for wine which shall be publicly accessible. 

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Article 187 

Designation of competent authority 

Member States shall designate the competent authority or authorities responsible for 
checks  in  respect  of  the  obligations  established  by  this  Subsection  in  accordance 
with  the  criteria  laid  down  in  Article 4  of  Regulation  (EC)  No 882/2004  of  the 
European Parliament and of the Council35. 

Member  States  shall  ensure  that  any  operator  complying  with  this  Subsection  is 
entitled to be covered by a system of checks. 

Member  States  shall  inform  the  Commission  of  the  competent  authority  or 
authorities referred to in paragraph 1. The Commission shall make their names and 
addresses public and update them periodically. 

Article 188 

Verification of compliance with specifications 

In respect of protected designations of origin and protected geographical indications 
relating to a geographical area within the Union, annual verification of compliance 
with  the  product  specification,  during  the  production  and  during  or  after 
conditioning of the wine, shall be ensured by: 

(a) 

the competent authority or authorities referred to in Article 187(1); or 

(b)  one  or  more  bodies  responsible  for  the  verification  within  the  meaning  of 
point 5  of  the  second  subparagraph  of  Article 2  of  Regulation  (EC) 
No 882/2004 operating as a product certification body in accordance with the 
criteria laid down in Article 5 of that Regulation. 

The costs of such verification shall be borne by the operators subject to it. 

In respect of protected designations of origin and protected geographical indications 
relating to a geographical area in a third country, annual verification of compliance 
with  the  product  specification,  during  the  production  and  during  or  after 
conditioning of the wine, shall be ensured by: 

(a) 

one or more public authorities designated by the third country; or 

(b)  one or more certification bodies. 

The  certification  bodies  referred  to  in  paragraphs  1(b)  and  2(b)  shall  comply  with, 
and be accredited in accordance with, the European standard EN 45011 or ISO/IEC 
Guide 65 (General requirements for bodies operating product certification systems). 

1. 

2. 

3. 

1. 

2. 

3. 

35 

OJ L 165, 30.4.2004, p. 1. 

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4. 

1. 

2. 

Where  the  authority  or  authorities  referred  to  in  paragraphs  1(a)  and  2(a)  verify 
compliance  with  the  product  specification,  they  shall  offer  adequate  guarantees  of 
objectivity  and  impartiality,  and  have  at  their  disposal  the  qualified  staff  and 
resources needed to carry out their tasks. 

Article 189 

Amendments to product specifications 

An applicant satisfying the conditions of Article 177 may apply for approval of an 
amendment  to  the  product  specification  of  a  protected  designation  of  origin  or  a 
protected  geographical  indication,  in  particular  to  take  account  of  developments  in 
scientific and technical knowledge or to redefine the geographical area referred to in 
point  (d)  of  the  second  subparagraph  of  Article 175(2).  Applications shall describe 
and give reasons for the amendments requested. 

Where  the  proposed  amendment  involves  one  or  more  amendments  to  the  single 
document  referred  to  in  Article 175(1)(d),  Articles  178  to  181  shall  apply  mutatis 
mutandis  to  the  amendment  application.  However,  if  the  proposed  amendment  is 
only minor, the Commission shall, by means of implementing acts, decide whether 
to  approve  the  application  without  following  the  procedure  laid  down  in 
Article 179(2)  and  Article 180  and  in  the  case  of  approval,  the  Commission  shall 
proceed to the publication of the elements referred to in Article 179(3). 

3. 

Where  the  proposed  amendment  does  not  involve  any  change  to  the  single 
document, the following rules shall apply: 

(a)  where  the  geographical  area  is  in  a  given  Member  State,  that  Member  State 
shall express its position on the amendment and, if it is in favour, shall publish 
the  amended  product  specification  and  inform  the  Commission  of  the 
amendments approved and the reasons for them; 

(b)  where  the  geographical  area  is  in  a  third  country,  the  Commission  shall,  by 
means  of  implementing  acts,  decide  whether  to  approve  the  proposed 
amendment. 

Article 190 

Cancellation 

1. 

The Commission may, at its own initiative or at the duly substantiated request of a 
Member State, of a third country or of a natural or legal person having a legitimate 
interest,  decide,  by  means  of  implementing  acts,  to  cancel  the  protection  of  a 
designation  of  origin  or  a  geographical  indication  if  compliance  with  the 
corresponding product specification is no longer ensured. 

Articles 178 to 181 shall apply mutatis mutandis. 

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Article 191 

Existing protected wine names 

1. 

2. 

3. 

4. 

Wine  names,  which  are  protected  in  accordance  with  Articles  51  and  54  of 
Regulation  (EC)  No 1493/1999  and  Article 28  of  Commission  Regulation  (EC) 
No 753/200236,  shall  automatically  be  protected  under  this  Regulation.  The 
Commission  shall  list  them  in  the  register  provided  for  in  Article 186  of  this 
Regulation. 

Member  States  shall,  in  respect  of  existing  protected  wine  names  referred  to  in 
paragraph 1, transmit to the Commission: 

(a) 

the technical files as provided for in Article 175(1); 

(b) 

the national decisions of approval. 

Wine  names  referred  to  in  paragraph  1,  for  which  the  information  referred  to  in 
paragraph 2 is not submitted by 31 December 2011, shall lose protection under this 
Regulation. The Commission shall take the corresponding formal step of removing 
such names from the register provided for in Article 186 by means of implementing 
acts without the assistance of the Committee referred to in Article 323(1). 

Article 190 shall not apply in respect of existing protected wine names referred to in 
paragraph 1 of this Article. 

Until  31  December  2014  the  Commission  may,  at  its  own  initiative,  decide,  by 
means of implementing acts, to cancel protection of existing protected wine names 
referred  to  in  paragraph  1  if  they  do  not  meet  the  conditions  laid  down  in 
Article 174. 

Article 192 

Fees 

Member States may charge a fee to cover their costs, including those incurred in examining 
applications  for  protection,  statements  of  objections,  applications  for  amendments  and 
requests for cancellations under this Subsection. 

Article 193 

Delegated powers 

1. 

In  order  to  take  account  of  the  specificities  of  the  production  in  the  demarcated 
geographical area, the Commission may, by means of delegated acts, adopt: 

(a) 

principles for the demarcation of the geographical area, and  

36 

OJ L 118, 4.5.2002, p. 1. 

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2. 

3. 

4. 

5. 

6. 

7. 

(b)  definitions,  restrictions  and  derogations  related  to  the  production  in  the 

demarcated geographical area. 

In order to ensure product quality and traceability, the Commission may, by means 
of delegated acts, provide for the conditions under which product specifications may 
include additional requirements as referred to in Article 175(2)(h). 

In  order  to  ensure  the  legitimate  rights  or  interests  of  producers  or  operators,  the 
Commission may, by means of delegated acts: 

(a) 

(b) 

(c) 

define  in  which  cases  a  single  producer  may  apply  for  the  protection  of  a 
designation of origin or geographical indication; 

adopt  restrictions  as  regards  the  type  of  applicant  that  may  apply  for  the 
protection of a designation of origin or geographical indication; 

adopt specific measures related to the national procedures applicable to trans-
border applications; 

(d)  define the date of submission of an application or a request; 

(e) 

define the date from which protection shall run; 

(f) 

establish  the  conditions  under  which  an  amendment  is  to  be  considered  as 
minor within the meaning of Article 189(2); 

(g)  define the date on which an amendment shall enter into force. 

In  order  to  ensure  an  adequate  protection,  the  Commission  may,  by  means  of 
delegated acts, adopt restrictions regarding the protected name. 

In order to prevent the unlawful use of protected designations of origin and protected 
geographical  indications, the Commission may, by means of  delegated acts, define 
the actions to be implemented by the Member States in this respect.  

In  order  to  ensure  the  efficiency  of  the  checks  provided  for  in  this  Subsection,  the 
Commission  may,  by  means  of  delegated  acts,  adopt  the  necessary  measures 
regarding the notification of operators to the competent authorities. 

In  order  to  ensure  that  economic  operators  and  competent  authorities  are  not 
prejudiced by the application of this Subsection as regards wine names which have 
been granted protection prior to 1 August 2009, the Commission may, by means of 
delegated acts, adopt transitional provisions concerning: 

(a)  wine  names  recognised  by  Member  States  as  designations  of  origin  or 

geographical indications by 1 August 2009;  

(b)  preliminary national procedure; 

(c)  wines placed on the market or labelled before a specific date; and 

(d) 

amendments to the product specifications. 

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Article 194 

Implementing powers 

1. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related to this Subsection regarding: 

(a) 

the information to be provided in the product specification with regard to the 
link between the geographical area and the final product; 

(b) 

the making of decisions on protection or rejection available to the public; 

(c) 

(d) 

the  establishment  and  the  maintenance  of  the  register  referred  to  in  Article 
186; 

the conversion from protected designation of origin to protected geographical 
indication;  

(e) 

the submission of trans-border applications; 

(f) 

checks  and  verification  to  be  carried  out  by  the  Member  States,  including 
testing.  

2. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related  to  this  Subsection  as  regards  the  procedure,  including  admissibility,  for  the 
examination of applications for protection or for the approval of an amendment of a 
designation  of  origin  or  a  geographical  indication,  as  well  as  the  procedure, 
including  admissibility,  for  requests  for  objection,  cancellation,  or  conversion,  and 
the submission of information related to existing protected wine names, in particular 
with respect to: 

(a)  models for documents and the transmission format; 

(b) 

time limits; 

(c) 

the details of the facts, evidence and supporting documents to be submitted in 
support of the application or request. 

Article 195 

Implementing acts to be adopted without the assistance of the Committee referred to in 
Article 323(1) 

Where an application or a request is deemed inadmissible, the Commission shall, by means of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in  Article  323(1), 
decide to reject it as inadmissible. 

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SUBSECTION III 

TRADITIONAL TERMS 

Article 196 

Definition 

“Traditional term” means a term traditionally used in Member States for products referred to 
in Article 173(1) to designate: 

(a) 

(b) 

that  the  product  has  a  protected  designation  of  origin  or  a  protected  geographical 
indication under Union or national law; or 

the production or ageing method or the quality, colour, type of place, or a particular 
event linked to the history of the product with a protected designation of origin or a 
protected geographical indication. 

Article197 

Protection 

1. 

A  protected  traditional  term  may  only  be  used  for  a  product  which  has  been 
produced in conformity with the definition referred to in Article 196. 

Traditional terms shall be protected against unlawful use. 

Member States shall take the steps necessary to stop the unlawful  use of protected 
traditional terms. 

2. 

Traditional terms shall not become generic in the Union. 

Article 198 

Delegated powers 

1. 

2. 

In  order  to  ensure  an  adequate  protection,  the  Commission  may,  by  means  of 
delegated acts, adopt provisions regarding the language and the spelling of the term 
to be protected.  

In  order  to  ensure  the  legitimate  rights  or  interests  of  producers  or  operators,  the 
Commission may, by means of delegated acts, define the following: 

(a) 

the type of applicants that may apply for the protection of a traditional term; 

(b) 

the  conditions  of  validity  of  an  application  for  recognition  of  a  traditional 
term; 

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(c) 

the grounds for objecting to a proposed recognition of a traditional term;  

(d) 

the  scope  of  the  protection,  including  the  relationship  with  trademarks, 
protected  traditional  terms,  protected  designations  of  origin  or  geographical 
indications, homonyms, or certain wine grape names; 

(e) 

the grounds for cancellation of a traditional term; 

(f) 

the date of submission of an application or a request.  

In order to take account of the specificities in trade between the Union and certain 
third  countries,  the  Commission  may,  by  means  of  delegated  acts,  adopt  the 
conditions  under  which  traditional  terms  may  be  used  on  products  from  third 
countries and provide for derogations from Article 196. 

In order to prevent the unlawful use of protected traditional terms, the Commission 
may,  by  means  of  delegated  acts,  specify  the  actions  to  be  implemented  by  the 
Member States in this respect.  

Article 199 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures 
related  to  this  Subsection  as  regards  the  procedure,  including  admissibility,  for  the 
examination of applications for protection or for the approval of a modification of a 
traditional  term,  as  well  as  the  procedure,  including  admissibility,  for  requests  for 
objection or cancellation, in particular with respect to: 

(a)  models for documents and the transmission format; 

(b) 

time limits; 

(c) 

the details of the facts, evidence and supporting documents to be submitted in 
support of the application or request. 

The Commission shall, by means of implementing acts, decide to accept or reject an 
application for protection of a traditional term or a request for a modification of the 
protected term or the cancellation of the protection of a traditional term.  

The Commission shall, by means of implementing acts, provide for the protection of 
traditional  terms  for  which  the  application  for  protection  has  been  accepted,  in 
particular by classifying them in accordance with point (a) or (b) of Article 196 and 
by publishing a definition and/or the conditions of use. 

3. 

4. 

1. 

2. 

3. 

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Article 200 

Implementing acts to be adopted without the assistance of the Committee referred to in 
Article 323(1) 

Where an application or a request is deemed inadmissible, the Commission shall, by means of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in  Article  323(1), 
decide to reject it as inadmissible. 

SECTION III 

LABELLING AND PRESENTATION IN THE WINE SECTOR 

Article 201 

Definition 

For the purposes of this Section: 

(a) 

(b) 

"labelling”  means  any  words,  particulars,  trademarks,  brand  name,  pictorial  matter 
or  symbol  placed  on  any  packaging,  document,  notice,  label,  ring  or  collar 
accompanying or referring to a given product; 

"presentation”  means  any  information  conveyed  to  consumers  by  virtue  of  the 
packaging of the product concerned, including the form and type of bottles. 

Article 202 

Applicability of horizontal rules 

Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 
89/396/EEC37,  Directive  2000/13/EC  of  the  European  Parliament  and  of  the  Council38  and 
Directive  2007/45/EC  of  the  European  Parliament  and  of  the  Council39  shall  apply  to  the 
labelling and presentation of products falling under their scopes. 

Article 203 

Compulsory particulars 

Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 
of  Part  II  of  Annex  XII  marketed  in  the  Union  or  for  export  shall  contain  the 
following compulsory particulars: 

OJ L 186, 30.6.1989, p. 21. 
OJ L 109, 6.5.2000, p. 29. 
OJ L 247, 21.9.2007, p. 17. 

1. 

37 
38 
39 

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(a) 

(b) 

the  designation  for  the  category  of  the  grapevine  product  in  accordance  with 
Part II of Annex XII; 

for  wines  with  a  protected  designation  of  origin  or  a  protected  geographical 
indication: 

(i) 

the  term  “protected  designation  of  origin”  or  “protected  geographical 
indication”; and 

(ii) 

the  name  of  the  protected  designation  of  origin  or  the  protected 
geographical indication; 

(c) 

the actual alcoholic strength by volume; 

(d) 

an indication of provenance; 

(e) 

an indication of the bottler or, in the case of sparkling wine, aerated sparkling 
wine, quality sparkling wine or quality aromatic sparkling wine, the name of 
the producer or vendor; 

(f) 

an indication of the importer in the case of imported wines; and 

(g) 

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or 
quality aromatic sparkling wine, an indication of the sugar content. 

2. 

3. 

By  way  of  derogation  from  paragraph  1(a),  the  reference  to  the  category  of  the 
grapevine  product  may  be  omitted  for  wines  whose  labels  include  the  name  of  a 
protected designation of origin or a protected geographical indication.  

By  way  of  derogation  from  paragraph  1(b),  the  reference  to  the  terms  “protected 
designation of origin” or “protected geographical indication” may be omitted in the 
following cases: 

(a)  where  a  traditional  term  as  referred  to  in  Article 196(a)  is  displayed  on  the 

label; 

(b) 

in exceptional circumstances to be determined by the Commission by means of 
delegated acts in order to ensure compliance with existing labelling practices. 

Article 204 

Optional particulars 

1. 

Labelling  and  presentation  of  the  products  referred  to  in  Article 203(1)  may  in 
particular contain the following optional particulars: 

(a) 

the vintage year; 

(b) 

the name of one or more wine grape varieties; 

(c) 

in  the  case  of  wines  other  than  those  referred  to  in  Article 203(1)(g),  terms 
indicating the sugar content; 

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(d) 

(e) 

for  wines  with  a  protected  designation  of  origin  or  a  protected  geographical 
indication, traditional terms as referred to in Article 196(b); 

the  Union  symbol  indicating  the  protected  designation  of  origin  or  the 
protected geographical indication; 

(f) 

terms referring to certain production methods; 

(g) 

for wines bearing a protected designation of origin or a protected geographical 
indication, the name of another geographical unit that is smaller or larger than 
the area underlying the designation of origin or geographical indication. 

2. 

Without  prejudice  to  Article 182(3),  as  regards  the  use  of  particulars  referred  to  in 
paragraph  1(a)  and  (b)  for  wines  without  a  protected  designation  of  origin  or  a 
protected geographical indication: 

(a)  Member  States  shall  introduce  laws,  regulations  or  administrative  provisions 
to ensure certification, approval and verification procedures so as to guarantee 
the veracity of the information concerned; 

(b)  Member States may, on the basis of non-discriminatory and objective criteria 
and with due regard to loyal competition, for wine produced from wine grape 
varieties  on  their  territory,  draw  up  lists  of  excluded  wine  grape  varieties,  in 
particular if: 

(i) 

there  is  a  risk  of  confusion  for  consumers  as  to  the  true  origin  of  the 
wine due to the fact that the given wine grape variety forms an integral 
part  of  an  existing  protected  designation  of  origin  or  a  protected 
geographical indication; 

(ii) 

the  relevant  checks  would  not  be  cost  effective  due  to  the  fact  that  the 
given  wine  grape  variety  represents  a  very  small  part  of  the  Member 
State vineyard; 

(c)  mixtures of wines from different Member States shall not give rise to labelling 
of  the  wine  grape  variety  or  varieties  unless  the  Member  States  concerned 
agree otherwise and ensure the feasibility of the relevant certification, approval 
and verification procedures. 

Article 205 

Languages 

1. 

2. 

Compulsory and optional particulars referred to in Articles 203 and 204 shall, where 
expressed in words, appear in one or more official language of the Union. 

Notwithstanding  paragraph  1,  the  name  of  a  protected  designation  of  origin  or  a 
protected geographical indication or a traditional term as referred to in Article 196(a) 
shall  appear  on  the  label  in  the  language  or  languages  for  which  the  protection 
applies. 

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In the case of protected designations of origin or protected geographical indications 
or  national  specific  designations  using  a  non-Latin  alphabet,  the  name  may  also 
appear in one or more official languages of the Union. 

Article 206 

Enforcement 

The competent authorities of the Member States shall take measures to ensure that a product 
referred  to  in  Article 203(1)  which  is  not  labelled  in  conformity  with  this  Section  is  not 
placed on, or is withdrawn from, the market. 

Article 207 

Delegated powers 

1. 

In  order  to  ensure  the  conformity  with  horizontal  rules  related  to  labelling  and 
presentation,  and  to  consider  the  specificities  of  the  wine  sector,  the  Commission 
may, by means of delegated acts, adopt definitions, rules and restrictions concerning: 

(a) 

the presentation and use of labelling particulars other than those provided for 
in this Section; 

(b) 

certain compulsory particulars, in particular:  

(i) 

terms  to  be  used  to  formulate  the  compulsory  particulars  and  their 
conditions of use; 

(ii) 

terms referring to a holding and the conditions for their use;  

(iii)  provisions allowing the producing Member States to establish additional 

rules relating to compulsory particulars; 

(iv)  provisions allowing further derogations in addition to those referred to in 
Article 203(2) as regards the omission of the reference to the category of 
the grapevine product; and 

(v)  provisions on the use of languages; 

(c) 

optional particulars, in particular: 

(i) 

terms  to  be  used  to  formulate  the  optional  particulars  and  their 
conditions of use; 

(ii)  provisions allowing the producing Member States to establish additional 

rules relating to optional particulars; 

(d) 

the presentation, in particular: 

(i) 

the conditions of use of certain bottle shapes, and a list of certain specific 
bottle shapes;  

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(ii) 

the conditions of use of "sparkling wine"-type bottles and closures;  

(iii)  provisions allowing the producing Member States to establish additional 

rules relating to presentation; 

(iv)  provisions on the use of languages. 

In  order  to  ensure  the  efficiency  of  the  certification,  approval  and  verification 
procedures provided for in this Section, the Commission may, by means of delegated 
acts, adopt the necessary measures in this respect. 

In  order  to  ensure  the  legitimate  interests  of  operators,  the  Commission  may,  by 
means of delegated acts, adopt rules as regards temporary labelling and presentation 
of  wines  bearing  a  designation  of  origin  or  a  geographical  indication,  whose 
designation of origin or geographical indication concerned meet the requirements as 
referred to in Article 178(5). 

In order to ensure that economic operators are not prejudiced, the Commission may, 
by means of delegated acts, adopt transitional provisions as regards wine placed on 
the market and labelled before 1 August 2009. 

In order to prevent the marketing in the Union or the export of products not labelled 
in conformity with this Section, the Commission may, by means of delegated acts, 
define the actions to be implemented by the Member States in this respect.  

In order to take account of the specificities in trade between the Union and certain 
third countries, the Commission may, by means of delegated acts, adopt derogations 
from this Section. 

2. 

3. 

4. 

5. 

6. 

Article 208 

Implementing powers 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Section concerning procedures, notifications and technical criteria. 

EN 

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CHAPTER II 

Producer organisations, producer groups, interbranch 
organisations, operator organisations 

SECTION I 

GENERAL PRINCIPLES 

Article 209 

Producer organisations 

Member States shall recognise producer organisations, which: 

(a) 

are constituted by producers of one of the following sectors: 

(i) 

hops; 

(ii)  olive oil and table olives; 

(b) 

(c) 

(iii)  fruit and vegetables in respect of farmers growing one or more products of that 

sector and/or of such products solely intended for processing; 

[(iv)  milk and milk products;] 

(v) 

silkworms; 

are formed on the initiative of the producers; 

pursue a specific aim which may in particular, or as regards the fruit and vegetables 
sector shall, include one or more of the following objectives: 

(i) 

ensuring  that  production  is  planned  and  adjusted  to  demand,  particularly  in 
terms of quality and quantity; 

(ii) 

concentration  of  supply  and  the  placing  on  the  market  of  the  products 
produced by its members; 

(iii)  optimising production costs and stabilising producer prices. 

Member  States  may  also  recognise  producer  organisations  constituted  by  producers  in  any 
sector  referred  to  in  Article 1,  other  than  those  sectors  referred  to  in  point (a)  of  the  first 
paragraph, on the conditions set out in points (b) and (c) of that paragraph. 

Member States may, as regards the wine sector, recognise producer organisations under the 
same conditions as those set out in points (b) and (c) of the first paragraph and which apply 
rules of association which require their members, in particular, to: 

EN 

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(a) 

(b) 

apply  the  rules  adopted  by  the  producer  organisation  relating  to  production 
reporting, production, marketing and protection of the environment; 

provide  the  information  requested  by  the  producer  organisation  for  statistical 
purposes, in particular on growing areas and market evolution; 

(c) 

pay penalties for infringement of obligations under the rules of association. 

The  following  specific  aims  within  the  meaning  of  point  (c)  of  the  first  paragraph  may  be 
pursued, in particular, in the wine sector: 

(a) 

(b) 

(c) 

(d) 

promoting and providing technical assistance for the use of environmentally sound 
cultivation practices and production techniques; 

promoting  initiatives  for  the  management  of  by-products  of  wine  making  and  the 
management of waste in particular to protect the quality of water, soil and landscape 
and preserving or encouraging biodiversity; 

carrying out research into sustainable production methods and market developments; 

contributing to the achievement of support programmes as referred to in Section VII 
of Chapter IV of Title I of this Part. 

Article 210 

Interbranch organisations 

1. 

Member States shall recognise interbranch organisations which: 

(a) 

are made up of representatives of economic activities linked to the production 
of, trade in, and/or processing of products in the following sectors: 

(i) 

the olive oil and table olives sector; 

(ii) 

the tobacco sector; 

(b) 

are formed on the initiative of all or some of the organisations or associations 
which constitute them; 

(c) 

pursue a specific aim, which may, in particular relate to: 

(i) 

concentrating and coordinating  supply and marketing of the produce of 
the members; 

(ii) 

adapting  production  and  processing  jointly  to  the  requirements  of  the 
market and improving the product; 

(iii)  promoting  the  rationalisation  and  improvement  of  production  and 

processing; 

(iv)  carrying  out  research  into  sustainable  production  methods  and  market 

developments. 

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2. 

3. 

Where interbranch organisations referred to in paragraph 1 carry out their activities 
in  the  territories  of  several  Member  States,  recognition  shall  be  granted  by  the 
Commission  by  means  of  implementing  acts  without  the  assistance  of  the 
Committee referred to in Article 323(1). 

Further to paragraph 1, Member States shall, with regard to the fruit and vegetables 
sector,  and  may,  with  regard  to  the  wine  sector,  also  recognise  interbranch 
organisations which: 

(a) 

(b) 

(c) 

are made up of representatives of economic activities linked to the production 
of,  trade  in,  or  processing  of  the  products  of  the  sectors  referred  to  in  the 
introductory words; 

are formed on the initiative of all or some of the representatives referred to in 
point (a); 

carry out one, and in the case of the fruit and vegetables sector, two or more, 
of  the  following  activities  in  one  or  more  regions  of  the  Union,  taking  into 
account the interests of consumers, and, without prejudice to other sectors, in 
the  wine  sector  taking  into  account  public  health  and  the  interests  of 
consumers: 

(i) 

improving  knowledge  and  the  transparency  of  production  and  the 
market; 

(ii)  helping  to  coordinate  better  the  way  the  products  of  the  fruit  and 
vegetables and the wine sectors are placed on the market, in particular by 
means of research and market studies; 

(iii)  drawing up standard forms of contract compatible with Union rules; 

(iv)  exploiting  to  a  fuller  extent  the  potential  of  the  fruit  and  vegetables 

produced, and the potential of production in the wine sector; 

(v)  providing  the  information  and  carrying  out  the  research  necessary  to 
adjust production towards products more suited to market requirements 
and  consumer  tastes  and  expectations,  in  particular  with  regard  to 
product quality and protection of the environment; 

(vi)  seeking  ways  of  restricting  the  use  of  plant-health  products  and  other 
inputs and ensuring product quality and soil and water conservation; 

(vii)  developing methods and instruments for improving product quality at all 
stages of production and marketing and, as regards the wine sector, also 
vinification; 

(viii)  exploiting the potential of organic farming and protecting and promoting 
such  farming  as  well  as  designations  of  origin,  quality  labels  and 
geographical indications; 

(ix)  promoting 

integrated  production  or  other  environmentally  sound 

production methods; 

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(x)  with  regard  to  the  fruit  and  vegetables  sector,  laying  down  rules,  as 
regards the production and marketing rules referred to in points 2 and 3 
of Annex XIV, which are stricter than Union or national rules; 

(xi)  with regard to the wine sector: 

– 

– 

– 

providing  information  on  particular  characteristics  of  wine  with  a 
protected  designation  of  origin  or  a  protected  geographical 
indication, 

encouraging  moderate  and  responsible  consumption  of  wine  and 
informing on the harm linked to hazardous consumption patterns, 

carrying  out  promotion  actions  for  wine,  especially  in  third 
countries. 

[4. 

Member States may also recognise inter-branch organisations which: 

(a) 

(b) 

(c) 

are made up of representatives of economic activities linked to the production 
of, trade in, or processing of products of the milk and milk products sector; 

are formed on the initiative of all or some of the representatives referred to in 
point (a); 

carry out one or more of the following activities in one or more regions of the 
Union, taking into account the interests of consumers: 

(i) 

improving  knowledge  and  the  transparency  of  production  and  the 
market, including by publication of statistical data on the prices, volumes 
and durations of contracts for the delivery of raw milk which have been 
previously  concluded,  and  by  providing  analyses  of  potential  future 
market developments at regional or national level; 

(ii)  helping  to  coordinate  better  the  way  the  products  of  the  milk  and  milk 
products  sector  are  placed  on  the  market,  in  particular  by  means  of 
research and market studies; 

(iii)  drawing up standard forms of contract compatible with Union rules; 

(iv)  providing  the  information  and  carrying  out  the  research  necessary  to 
adjust production towards products more suited to market requirements 
and  consumer  tastes  and  expectations,  in  particular  with  regard  to 
product quality and protection of the environment; 

(v) 

seeking  ways  of  restricting  the  use  of  animal-health  products  and  other 
inputs; 

(vi)  developing methods and instruments for improving product quality at all 

stages of production and marketing; 

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(vii)  exploiting the potential of organic farming and protecting and promoting 
such  farming  as  well  as  designations  of  origin,  quality  labels  and 
geographical indications; and 

(viii)  promoting 

integrated  production  or  other  environmentally  sound 

production methods.] 

Article 211 

Common provisions concerning producer and interbranch organisations 

1. 

2. 

Article 209  and  Article 210(1)  shall  apply  without  prejudice  to  the  recognition, 
decided  by  Member  States  on  the  basis  of  national  law  and  in  compliance  with 
Union  law,  of  producer  organisations  or  interbranch  organisations  respectively,  in 
any sector referred to in Article 1 except for the sectors referred to in point (a) of the 
first paragraph of Article 209 and in Article 210(1). 

Producer organisations recognised or approved in accordance with Regulations (EC) 
No 865/2004,  (EC)  No 1952/2005  and  (EEC)  No 707/76  shall  be  considered  as 
recognised producer organisations under Article 209 of this Regulation. 

Interbranch  organisations  recognised  or  approved  in  accordance  with  Regulations 
(EEC)  No 2077/92  and  (EC)  No 865/2004  shall  be  considered  recognised 
interbranch organisations under Article 210 of this Regulation. 

Article 212 

Operator organisations 

For  the  purposes  of  this  Regulation,  operator  organisations  shall  comprise  recognised 
producer  organisations,  recognised  interbranch  organisations  or  recognised  organisations  of 
other operators in the olive oil and table olives sector or their associations. 

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SECTION II 

RULES CONCERNING PRODUCER AND INTERBRANCH ORGANISATIONS AND 
PRODUCER GROUPS IN THE FRUIT AND VEGETABLES SECTOR 

SUBSECTION I 

RULES OF ASSOCIATION AND RECOGNITION OF PRODUCER ORGANISATIONS 

Article 213  

Rules of association of producer organisations 

1. 

The rules of association of a producer organisation in the fruit and vegetables sector 
shall require its producer members, in particular, to: 

(a) 

apply  the  rules  adopted  by  the  producer  organisation  relating  to  production 
reporting, production, marketing and protection of the environment; 

(b)  belong  to  only  one  producer  organisation  in  respect  of  a  given  holding's 
production  of  any  given  product  referred  to  in  point  (a)(iii)  of  the  first 
paragraph of Article 209; 

(c)  market their entire production concerned through the producer organisation; 

(d)  provide  the  information  requested  by  the  producer  organisation  for  statistical 
purposes, in particular on growing areas, quantities cropped, yields and direct 
sales; 

(e) 

pay the financial  contributions provided for in  its rules  of association for the 
establishment  and  replenishment  of  the  operational  fund  provided  for  in 
Article 120. 

2. 

Notwithstanding paragraph 1(c), where the producer organisation so authorises and 
where this is in compliance with the terms and conditions laid down by the producer 
organisation, the producer members may: 

(a) 

sell  no  more  than  a  fixed  percentage  of  their  production  and/or  products 
directly on their holdings and/or outside their holdings to consumers for their 
personal  needs,  such  percentages  being  fixed  by  Member  States  at  not  less 
than 10 %; 

(b)  market  themselves  or  through  another  producer  organisation  designated  by 
their own organisation, quantities of products which are marginal in relation to 
the volume of marketable production of their organisation; 

(c)  market  themselves  or  through  another  producer  organisation  designated  by 
their own organisation products which, because of their characteristics, are not 

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normally  covered  by  the  commercial  activities  of  the  producer  organisation 
concerned. 

3. 

The rules of association of a producer organisation shall also provide for: 

(a) 

(b) 

(c) 

procedures  for  determining,  adopting  and  amending  the  rules  referred  to  in 
paragraph 1; 

the  imposition  on  members  of  financial  contributions  needed  to  finance  the 
producer organisation; 

rules  enabling  the  producer  members  to  scrutinise  democratically  their 
organisation and its decisions; 

(d)  penalties  for  infringement  of  obligations  under  the  rules  of  association, 
particularly non-payment of financial contributions, or of the rules laid down 
by the producer organisation; 

(e) 

(f) 

rules on the admission of new members, particularly a minimum membership 
period; 

the  accounting  and  budgetary  rules  necessary  for  the  operation  of  the 
organisation. 

4. 

Producer organisations in the fruit and vegetables sector shall be deemed as acting in 
the name of, and on behalf of, their members in economic matters. 

Article 214 

Recognition 

1. 

Member States shall recognise as producer organisations in the fruit and vegetables 
sector  all  legal  entities  or  clearly  defined  parts  of  legal  entities  applying  for  such 
recognition, provided that: 

(a) 

(b) 

(c) 

they  have  the  objective  of  the  use  of  environmentally  sound  cultivation 
practices, production techniques and waste management practices in particular 
to  protect  the  quality  of  water,  soil  and  landscape  and  preserve  or  encourage 
biodiversity and meet the requirements laid down in Articles 209 and 213 and 
provide the relevant evidence therefore; 

they  have  a  minimum  number  of  members  and  cover  a  minimum  volume  or 
value  of  marketable  production  to  be  laid  down  by  Member  States,  and 
provide the relevant evidence therefore; 

there  is  sufficient  evidence  that  they  can  carry  out  their  activities  properly, 
both  over  time  and  in  terms  of  effectiveness  and  concentration  of  supply,  to 
which  end  Member  States  may  decide  which  of  the  products,  or  groups  of 
products referred to in point (a)(iii) of the first paragraph of Article 209 should 
be covered by the producer organisation; 

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(d) 

(e) 

(f) 

(g) 

they  effectively  enable  their  members  to  obtain  technical  assistance  in  using 
environmentally-sound cultivation practices; 

they  effectively  provide  their  members,  where  necessary,  with  the  technical 
means for collecting, storing, packaging and marketing their produce; 

they ensure proper commercial and accounting management of their activities; 
and 

they do not hold a dominant position on a given market unless this is necessary 
in pursuance of the objectives of Article 39 of the Treaty. 

2. 

Member States shall: 

(a) 

(b) 

decide  whether  to  grant  recognition  to  a  producer  organisation  within  three 
months  of  the  lodging  of  an  application  accompanied  by  all  the  relevant 
evidence; 

carry  out  checks  at  regular  intervals  to  ascertain  that  producer  organisations 
comply  with  this  Chapter,  impose  the  penalties  on  such  organisations  in  the 
event  of  non-compliance  or  irregularities  concerning  the  provisions  of  this 
Regulation and decide, where necessary, to withdraw recognition; 

(c) 

notify  the  Commission,  once  per  year,  of  every  decision  to  grant,  refuse  or 
withdraw recognition. 

SUBSECTION II 

ASSOCIATION OF PRODUCER ORGANISATIONS AND PRODUCER GROUPS 

Article 215 

Association of producer organisations in the fruit and vegetables sector 

An association of producer organisations in the fruit and vegetables sector shall be formed on 
the initiative of recognised producer organisations and may carry out any of the activities of a 
producer  organisation  referred  to  in  this  Regulation.  To  this  end,  Member  States  may 
recognise, on request, an association of producer organisations where: 

(a) 

(b) 

the Member State considers that the association is capable of effectively carrying out 
those activities; and 

the  association  does  not  hold  a  dominant  position  on  a  given  market  unless  this  is 
necessary in pursuance of the objectives of Article 39 of the Treaty. 

Article 213(4) shall apply mutatis mutandis. 

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Article 216 

Outsourcing 

Member  States  may  permit  a  recognised  producer  organisation  in  the  fruit  and  vegetables 
sector or a recognised association of producer organisations in that sector to outsource any of 
its  activities,  including  to  subsidiaries,  provided  that  it  provides  sufficient  evidence  to  the 
Member State that doing so is an appropriate way to achieve the objectives of the producer 
organisation or association of producer organisations concerned. 

Article 217 

Producer groups in the fruit and vegetables sector 

1. 

In  Member  States  which  acceded  to  the  European  Union  on  1 May  2004  or 
thereafter, or in the outermost regions of the Union as referred to in Article 349(2) of 
the  Treaty,  or  in  the  smaller  Aegean  Islands  as  referred  to  in  Article 1(2)  of 
Regulation (EC) No 1405/2006, producer groups may be formed as a legal entity or 
clearly defined part of a legal entity, on the initiative of farmers who are growers of 
one  or  more  products  of  the  fruit  and  vegetables  sector  and/or  of  such  products 
solely  intended  for  processing,  with  a  view  to  being  recognised  as  a  producer 
organisation. 

Such  producer  groups  may  be  allowed  a  transitional  period  in  which  to  meet  the 
conditions for recognition as a producer organisation in accordance with Article 209. 

In order to qualify, those producer groups shall present a phased recognition plan to 
the  relevant  Member  State,  acceptance  of  which  shall  signal  the  start  of  the 
transitional  period  referred  to  in  the  second  subparagraph and  shall  constitute  a 
preliminary  recognition.  The  transitional  period  shall  be  no  more  than  five  years 
long. 

2. 

Before  acceptance  of  the  recognition  plan,  Member  States  shall  inform  the 
Commission of their intentions and the likely financial implications thereof. 

SUBSECTION III 

EXTENSION OF RULES TO PRODUCERS IN AN ECONOMIC AREA 

Article 218 

Extension of rules 

1. 

In  cases  where  a  producer  organisation  in  the  fruit  and  vegetables  sector  which 
operates in a specific economic area is considered, in respect of a specific product, to 
be  representative  of  production  and  producers  in  that  area,  the  Member  State 
concerned may, at the request of the producer organisation, make the following rules 

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binding  on  producers  established  in  that  economic  area  who  do  not  belong  to  the 
producer organisation: 

(a) 

the rules referred to in Article 213(1)(a); 

(b) 

the rules required to implement the measures referred to in Article 121(2)(c). 

The first subparagraph shall apply on condition that those rules: 

(a) 

have been in force for at least one marketing year; 

(b) 

are included in the exhaustive list in Annex XIV; 

(c) 

are made binding for no more than three marketing years. 

However, the condition referred to in point (a) of the second subparagraph shall not 
apply  if  the  rules  concerned  are  those  listed  in  points 1,  3  and 5  of  Annex XIV.  In 
this case, the extension of rules may not apply for more than one marketing year. 

2. 

For  the  purposes  of  this  Subsection,  “economic  area”  means  a  geographical  zone 
made  up  of  adjoining  or neighbouring production regions in which production and 
marketing conditions are homogeneous. 

Member States shall notify a list of economic areas to the Commission. 

Within  one  month  of  notification,  the  Commission  shall,  by  means  of  an 
implementing  act  without  the  assistance  of  the  Committee  referred  to  in 
Article 323(1),  approve  the  list  or  shall,  after  consultation  with  the  Member  State 
concerned,  decide  on  the  amendments  which  the  latter  must  make  to  it.  The 
Commission  shall  make  the  approved  list  publicly  available  by  the  methods  it 
considers appropriate. 

3. 

A  producer  organisation  shall  be  deemed  representative  within  the  meaning  of 
paragraph 1  where  its  members  account  for  at  least  50 %  of  the  producers  in  the 
economic  area  in  which  it  operates  and  it  covers  at  least  60 %  of  the  volume  of 
production  of  that  area.  Without  prejudice  to  paragraph 5,  in  calculating  these 
percentages  account  shall  not  be  taken  of  producers  or  production  of  organic 
products  covered,  until  31 December  2008,  by  Regulation  (EEC)  No 2092/91  and, 
from 1 January 2009, by Regulation (EC) No 834/2007. 

4. 

The rules which are made binding on all producers in a specific economic area: 

(a) 

(b) 

shall not cause any damage to other producers in the Member State concerned 
or in the Union; 

shall  not  apply,  unless  they  expressly  cover  them,  to  products  delivered  for 
processing under a contract signed before the beginning of the marketing year, 
with  the  exception  of  the  rules  on  production  reporting  referred  to  in 
Article 213(1)(a); 

(c) 

shall not be incompatible with Union and national rules in force. 

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5. 

Rules  may  not  be  made  binding  on  producers  of  organic  products  covered,  until 
31 December 2008, by Regulation (EEC) No 2092/91 and, from 1 January 2009, by 
Regulation (EC) No 834/2007 unless such a measure has been agreed to by at least 
50 %  of  such  producers  in  the  economic  area  in  which  the  producer  organisation 
operates and that organisation covers at least 60 % of such production of that area. 

Article 219 

Notification 

Member  States  shall  notify  the  Commission  forthwith  of  the  rules  which  they  have  made 
binding  on  all  producers  in  a  specific  economic  area  pursuant  to  Article 218(1).  The 
Commission  shall  make  those  rules  publicly  available  by  the  methods  it  considers 
appropriate. 

Article 220 

Repeal of the extension of rules 

The  Commission  shall,  by  means  of  implementing  acts  without  the  assistance  of  the 
Committee referred to in Article 323(1), decide that a Member State shall repeal an extension 
of the rules decided on by that Member State pursuant to Article 218(1): 

(a) 

(b) 

where it finds that the extension in question to other producers excludes competition 
in  a  substantial  part  of  the  internal  market  or  jeopardises  free  trade,  or  that  the 
objectives of Article 39 of the Treaty are endangered; 

where it finds that Article 101(1) of the Treaty applies to the rules extended to other 
producers.  The  Commission’s  decision  with  regard  to  those  rules  shall  apply  only 
from the date of such a finding; 

(c) 

where it finds after checks that this Subsection has not been complied with. 

Article 221 

Financial contributions of non-member producers 

Where  Article 218(1)  is  applied,  the  Member  State  concerned  may  decide,  on  scrutiny  of 
evidence presented, that non-member producers  shall  be liable  to  the producer organisation 
for the part of the financial contributions paid by the producer members, insofar as these are 
used to cover: 

(a) 

(b) 

administrative costs resulting from applying the rules referred to in Article 218(1); 

the  cost  of  research,  market  studies  and  sales  promotion  undertaken  by  the 
organisation or association and benefiting all producers in the area. 

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Article 222 

Extension of rules of associations of producer organisations 

For  the  purposes  of  this  Subsection,  any  reference  to  producer  organisations  shall  also  be 
construed as a reference to recognised associations of producer organisations. 

SUBSECTION IV 

INTERBRANCH ORGANISATIONS IN THE FRUIT AND VEGETABLES SECTOR 

Article 223 

Recognition and withdrawal of recognition 

1. 

If  warranted  by  the  Member  State’s  structures,  Member  States  may  recognise  as 
interbranch  organisations  in  the  fruit  and  vegetables  sector  all  legal  entities 
established  on  their  territory  which  make  an  appropriate  application,  on  condition 
that: 

(a) 

(b) 

they  carry  out  their  activity  in  one  or  more  regions  in  the  Member  State 
concerned; 

they  represent  a  significant  share  of  the  production  of,  trade  in  and/or 
processing  of  fruit  and  vegetables  and  products  processed  from  fruit  and 
vegetables  in  the  region  or  regions  in  question  and,  where  more  than  one 
region 
level  of 
representativeness in each region for each of the branches that they group; 

they  can  demonstrate  a  minimum 

involved, 

is 

(c) 

they carry out two or more of the activities referred to in Article 210(3)(c); 

(d) 

(e) 

they are not themselves engaged in the production or processing or marketing 
of fruit and vegetables or products processed from fruit and vegetables; 

they do not engage in any of the agreements, decisions and concerted practices 
referred to in Article 285(4). 

2. 

Before  granting  recognition  Member  States  shall  notify  the  Commission  of  the 
interbranch organisations which have applied for recognition, providing all relevant 
information about their representativeness and their various activities, together with 
all other information needed for an assessment. 

The Commission may, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), object to recognition within a time limit of 
two months after notification. 

3. 

Member States shall: 

(a) 

decide whether to grant recognition within three months of the lodging of an 
application with all relevant supporting documents; 

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(b) 

carry out checks at regular intervals to ascertain that interbranch organisations 
comply with the terms and conditions for recognition, impose the penalties on 
such organisations in the event of non-compliance or irregularities concerning 
the  provisions  of  this  Regulation  and  decide,  where  necessary,  to  withdraw 
recognition; 

(c)  withdraw recognition if: 

(i) 

(ii) 

the  requirements  and  conditions  for  recognition  laid  down  in  this 
Subsection are no longer met; 

the interbranch organisation engages in any of the agreements, decisions 
and  concerted  practices  referred  to  in  Article 285(4),  without  prejudice 
to any other penalties to be imposed pursuant to national law; 

(iii) 

the  interbranch  organisation  fails  to  comply  with  the  notification 
obligation referred to in Article 285(2); 

(d)  notify the Commission, within two months, of any decision to grant, refuse or 

withdraw recognition. 

Recognition  shall  constitute  an  authorisation  to  carry  out  the  activities  listed  in 
Article 210(3)(c), subject to the terms of this Regulation. 

The  Commission  shall,  by  means  of  implementing  acts,  lay  down  the  terms  and 
conditions on which and the frequency with which the Member States are to report 
to the Commission on the activities of interbranch organisations. 

The Commission may, as a result of checks, request a Member State, by means of an 
implementing  act  without  the  assistance  of  the  Committee  referred  to  in 
Article 323(1), to withdraw recognition. 

The  Commission  shall  make  publicly  available  a  list  of  recognised  interbranch 
organisations,  by  the  methods  it  considers  appropriate,  indicating  the  economic 
sphere or the area of their activities and the activities carried out within the meaning 
of Article 224. Withdrawals of recognition shall also be made publicly available. 

Article 224 

Extension of rules 

In cases where an interbranch organisation operating in a specific region or regions 
of a Member State is considered to be representative of the production of or trade in 
or processing of a given product, the Member State concerned may, at the request of 
that  interbranch  organisation,  make  binding  some  of  the  agreements,  decisions  or 
concerted practices agreed on within that organisation for a limited period on other 
operators  operating  in  the  region  or  regions  in  question,  whether  individuals  or 
groups, who do not belong to the organisation. 

4. 

5. 

6. 

7. 

1. 

2. 

An  interbranch  organisation  shall  be  deemed  representative  within  the  meaning  of 
paragraph 1 where it accounts for at least two thirds of the production or trade in or 

EN 

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processing of the product or products concerned in the region or regions concerned 
of a Member State. Where the application for extension of its rules to other operators 
covers  more  than  one  region,  the  interbranch  organisation  must  demonstrate  a 
minimum level of representativeness for each of the branches it groups in each of the 
regions concerned. 

3. 

The rules for which extension to other operators may be requested: 

(a) 

shall have one of the following aims: 

(i) 

production and market reporting; 

(ii) 

stricter production rules than those laid down in Union or national rules; 

(iii)  drawing up of standard contracts which are compatible with Union rules; 

(iv)  rules on marketing; 

(v) 

rules on protecting the environment; 

(vi)  measures to promote and exploit the potential of products; 

(vii)  measures  to  protect  organic  farming  as  well  as  designations  of  origin, 

quality labels and geographical indications; 

(b) 

shall have been in force for at least one marketing year; 

(c)  may be made binding for no more than three marketing years; 

(d) 

shall not cause any damage to other operators in the Member State concerned 
or the Union. 

However,  the  condition  referred  to  in  point (b)  of  the  first  subparagraph shall  not 
apply  if  the  rules  concerned  are  those  listed  in  points 1,  3  and 5  of  Annex XIV.  In 
this case, the extension of rules may not apply for more than one marketing year. 

The  rules  referred  to  in  points (a)(ii),  (iv)  and (v)  of  the  first  subparagraph  of 
paragraph 3 shall not be other than those set out in Annex XIV. The rules referred to 
in  point (a)(ii)  of  the  first  subparagraph  of  paragraph 3  shall  not  apply  to  products 
which  were  produced  outside  the  specific  region  or  regions  referred  to  in 
paragraph 1. 

Article 225  

Notification and repeal of the extension of rules 

Member States shall notify the Commission forthwith of the rules which they have 
made  binding  on  all  operators  in  one  or  more  specific  regions  pursuant  to 
Article 224(1).  The  Commission  shall  make  those  rules  publicly  available  by  the 
methods it considers appropriate. 

4. 

1. 

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2. 

3. 

Before  the  rules  are  made  publicly  available,  the  Commission  shall  inform  the 
Committee  referred  to  in  Article 323(1)  of  any  notification  of  the  extension  of 
interbranch agreements. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), decide that a Member State must repeal an 
extension  of  the  rules  decided  on  by  that  Member  State  in  the  cases  referred  to  in 
Article 220. 

Article 226 

Financial contributions of non-members 

In  cases  where  rules  for  one  or  more  products  are  extended  and  where  one  or  more  of  the 
activities referred to in Article 224(3)(a) are pursued by a recognised interbranch organisation 
and  are  in  the  general  economic  interest  of  those  persons  whose  activities  relate  to  one  or 
more of the products concerned, the Member State which has granted recognition may decide 
that individuals or groups which are not members of the interbranch organisation but which 
benefit  from  those  activities  shall  pay  the  organisation  all  or  part  of  the  financial 
contributions paid by its members to the extent that such contributions are intended to cover 
costs directly incurred as a result of pursuing the activities in question. 

SECTION III 

RULES CONCERNING PRODUCER AND INTERBRANCH ORGANISATIONS IN THE 
WINE SECTOR 

Article 227 

Recognition 

1. 

Member  States  may  recognise  producer  and  interbranch  organisations  which  have 
lodged  an  application  for  recognition  with  the  Member  State  concerned  and  the 
application contains evidence that the entity: 

(a) 

as regards producer organisations: 

(i)  meets the requirements laid down in Article 209; 

(ii)  has  a  minimum  number  of  members,  to  be  laid  down  by  the  Member 

State concerned; 

(iii)  covers a minimum volume of marketable production, to be laid down by 
the  Member  State  concerned,  in  the  area  where  the  organisation 
operates; 

(iv)  can  carry  out  its  activities  properly,  both  over  time  and  in  terms  of 

effectiveness and concentration of supply; 

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(v) 

effectively  enables  its  members  to  obtain  technical  assistance  in  using 
environmentally sound cultivation practices; 

(b) 

as regards interbranch organisations: 

(i)  meets the requirements laid down in Article 210(3); 

(ii) 

carries out its activities in one or more regions in the territory concerned; 

(iii)  represents a significant share of the production of, or trade in, products 

covered by this Regulation; 

(iv)  does not engage in the production, processing or marketing of products 

of the wine sector. 

2. 

Producer  organisations 
(EC) 
No 1493/1999  shall  be  considered  as  recognised  producer  organisations  under  this 
Article. 

in  accordance  with  Regulation 

recognised 

Organisations  meeting  the  criteria  set  out in Article 210(3)  and of  paragraph (1)(b) 
of this Article, which have been recognised by Member States, shall be considered 
as recognised interbranch organisations under those provisions. 

3. 

Articles 214(2) and 223(3) shall apply mutatis mutandis to producer and interbranch 
organisations respectively in the wine sector. However: 

(a) 

(b) 

the  periods  referred  to  in  Article 214(2)(a)  and  in  Article  223(3)(a) 
respectively shall be four months; 

the  applications  for  recognition  referred  to  in  Article 214(2)(a)  and  Article 
223(3)(a) shall be lodged with the Member State where the organisation has its 
headquarters; 

(c) 

the  annual  notifications  referred  to  in  Article 214(2)(c)  and  Article  223(3)(d) 
respectively shall be made by 1 March each year. 

SECTION IV 

RULES CONCERNING INTERBRANCH ORGANISATIONS IN THE TOBACCO SECTOR 

Article 228 

Payment of subscription by non-members 

1. 

Where  one  or  more  of  the  activities  referred  to  in  paragraph 2  is  pursued  by  a 
recognised  interbranch  organisation  in  the  tobacco  sector  and  is  in  the  general 
economic  interest  of  those  persons  whose  activities  relate  to  one  or  more  of  the 
products  concerned,  the  Member  State  which  has  granted  recognition,  or  the 
Commission, without the assistance of the Committee referred to in Article 323(1), 
where recognition has been granted by the Commission, may decide that individuals 

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or groups which are not members of the organisation but which benefit from those 
activities  shall  pay  the  organisation  all  or  part  of  the  subscriptions  paid  by  its 
members to the extent that such subscriptions are intended to cover costs, other than 
administrative costs of any description, directly incurred as a result of pursuing the 
activities in question. 

2. 

The  activities  referred  to  in  paragraph 1  shall  relate  to  one  of  the  following 
objectives: 

(a) 

research to add value to the products, in particular through new uses which do 
not pose a threat to public health; 

(b) 

studies to improve the quality of leaf or baled tobacco; 

(c) 

research  into  methods  of  cultivation  permitting  reduced  use  of  plant  health 
products and guaranteeing conservation of the soil and the environment. 

The Member States concerned shall notify the Commission of decisions which they 
intend to take under paragraph 1. Such decisions may not apply before the expiry of 
a  three  month  period  starting  from  the  date  of  notification  to  the  Commission. 
Within that three month period the Commission may, by means of an implementing 
act without the assistance of the Committee referred to in Article 323(1), call for the 
rejection  of  all  or  part of  the  draft  decision  if  the  general  economic  interest  put 
forward does not appear to be well founded. 

Where the activities of an interbranch organisation recognised by the Commission, 
in  accordance  with  this  Chapter  are  in  the  general  economic  interest,  the 
Commission  shall  notify  its  draft  decision  to  the  Member  States  concerned,  who 
shall then have two months to make their comments. 

[SECTION V 

PRODUCER ORGANISATIONS IN THE MILK AND MILK PRODUCTS SECTOR 

Article 229 

Contractual negotiations in the milk and milk products sector 

Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a 
collector within the meaning of the second subparagraph of Article 311(1), may be 
negotiated by a producer organisation in the milk and milk products sector which is 
recognised under Article 209, on behalf of its farmer members for part or all of their 
joint production.  

3. 

4. 

1. 

2. 

The negotiation by the producer organisation may take place: 

(a)  whether or not there is a transfer of ownership of the raw milk by the farmers 

to the producer organisation, 

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(b)  whether or not the price negotiated is the same as regards the joint production 

of some or all of the farmer members, 

(c) 

provided that the total volume of raw milk covered by such negotiations by a 
particular producer organisation does not exceed: 

(i) 

3.5% of total Union production, and 

(ii)  33%  of  the  total  national  production  of  any  particular  Member  State 

covered by such negotiations by that producer organisation, and 

(iii)  33% of the total combined national production of all the Member States 

covered by such negotiations by that producer organisation, 

(d)  provided  the  farmers  concerned  are  not  members  of  any  other  producer 

organisation which also negotiates such contracts on their behalf, and 

(e) 

provided  that  the  producer  organisation  notifies  the  competent  authorities  of 
the Member State or Member States in which it operates. 

For the purposes of this Article, references to producer organisations shall also cover 
associations  of  such  producer  organisations.  In  order  to  ensure  that  these 
associations  may  be  appropriately  monitored,  the  Commission  may,  by  means  of 
delegated acts, adopt rules on the conditions for recognition of such associations. 

For the purposes of applying point (c) of paragraph 2, the Commission shall publish, 
by the methods it considers appropriate, the amounts of raw milk production in the 
Union and the Member States using the most up-to-date information available. 

By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 
33%  is  not  exceeded,  the  competition  authority  referred  to  in  the  second 
subparagraph  may  decide  in  an  individual  case  that  the  negotiation  by  the  producer 
organisation may not take place if it considers that this is necessary in order to prevent 
competition being excluded or in order to avoid serious prejudice to SME processors 
of raw milk in its territory. 

The decision referred to in the first subparagraph shall be taken by the Commission 
by means of implementing acts without the assistance of the Committee referred to 
in Article 323(1) for negotiations covering the production of more than one Member 
State.  In  other  cases  it  shall  be  taken  by  the  national  competition  authority  of  the 
Member State the production of which is covered by the negotiations.  

The decisions referred to in the first and second subparagraphs shall not apply earlier 
than the date of their notification to the undertakings concerned. 

3. 

4. 

5. 

6. 

For the purposes of this Article: 

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(a) 

(b) 

a "national competition authority" shall be the authority referred to in Article 5 
of  Regulation  (EC)  No  1/2003  on  the  implementation  of  the  rules  on 
competition laid down in Articles 81 and 82 of the Treaty40; 

a  "SME"  shall  mean  a  micro,  small  or  medium-sized  enterprise  within  the 
meaning  of  Commission  Recommendation  2003/361/EC  of  6  May  2003 
concerning the definition of micro, small and medium-sized enterprises.] 

SECTION VI 

PROCEDURAL RULES 

Article 230 

Delegated and implementing powers 

1. 

In order to ensure that the objectives and responsibilities of producer organisations, 
producer groups in the fruit and vegetables sector, operator organisations in the olive 
oil and table olives sector and interbranch organisations are clearly defined so as to 
contribute  to  the  effectiveness  of  the  actions  of  such  organisations  and  groups,  the 
Commission may, by means of delegated acts, adopt rules on the following: 

(a) 

the specific aims to be pursued by such groups and organisations, the rules of 
association,  the  recognition,  structure,  legal  personality,  membership,  size, 
accountability  and  activities  of  such  groups  and  organisations,  the  effects 
deriving  from  recognition,  the  withdrawal  of  recognition,  derogations  on  the 
minimum size, and mergers; 

(b) 

the extension of certain rules of interbranch organisations to non-members; 

(c) 

transnational producer organisations and transnational associations of producer 
organisations  including  administrative  assistance  to  be  given  by  the  relevant 
competent authorities in the case of transnational cooperation; 

(d)  outsourcing  of  activities  and  the  provision  of  technical  means  by  producer 

organisations or associations of producer organisations; 

(e) 

the  minimum  volume  or  value  of  marketable  production  of  a  producer 
organisation; 

(f) 

derogations from the requirements laid down in Articles 209, 210 and 212; 

(g) 

sanctions in case of non-respect of recognition criteria. 

2. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  the  necessary 
measures relating to this Chapter, in particular on:  

40 

OJ L 1, 4.1.2003, p. 1. 

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(a) 

notifications to be made by the Member States; 

(b) 

applications for recognition as a producer organisation;  

(c) 

the implementation of recognition plans by producer groups; 

(d) 

the extension of the recognition; 

(e) 

checks and verification. 

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PART III 

TRADE WITH THIRD COUNTRIES 

CHAPTER I 

General provisions 

Article 231 

General principles 

Unless  otherwise  provided  for  in  this  Regulation  or  in  provisions  adopted  pursuant  thereto, 
the following shall be prohibited in trade with third countries: 

(a) 

(b) 

the levying of any charge having equivalent effect to a customs duty; 

the application of any quantitative restriction or measure having equivalent effect. 

Article 232 

Combined nomenclature 

The  general  rules  for  interpreting  the  Combined  Nomenclature,  provided  for  in  Council 
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and 
on the Common Customs Tariff41 (hereinafter referred to as ‘Combined Nomenclature’), and 
the special rules for its application shall apply to the tariff classification of products covered 
by this Regulation. The tariff nomenclature resulting from the application of this Regulation, 
including, as the case may be, the definitions in Annexes III and Part II of Annex XII shall be 
included in the Common Customs Tariff. 

41 

OJ L 256, 7.9.1987, p. 1. 

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CHAPTER II 

Imports 

Section I 

Import licences 

Article 233 

Import licences 

Without  prejudice  to  cases  where  import  licences  are  required  in  accordance  with  this 
Regulation, imports of one or more products of the following sectors into the Union may be 
made subject to the presentation of an import licence, taking account of the need for import 
licences for the management of the markets concerned and, in particular, for monitoring the 
imports of the products in question: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

cereals; 

rice; 

sugar; 

seeds; 

olive  oil  and  table  olives,  with  regard  to  products  falling  within  CN  codes  1509, 
1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39; 

flax and hemp, as far as hemp is concerned; 

fruit and vegetables; 

processed fruit and vegetables; 

bananas; 

wine; 

live plants; 

beef and veal; 

(m) 

milk and milk products; 

(n) 

(o) 

pigmeat; 

sheepmeat and goatmeat; 

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(p) 

(q) 

(r) 

eggs; 

poultrymeat; 

agricultural ethyl alcohol. 

Article 234 

Issue of licences 

Import licences shall be issued by Member States to any applicant, irrespective of their place 
of establishment in the Union, unless any act adopted in accordance with Article 43(2) of the 
Treaty provides otherwise, and without prejudice to measures taken for the application of this 
Chapter. 

Article 235 

Validity 

Import licences shall be valid throughout the Union. 

Article 236 

Security 

1. 

2. 

1. 

Save  as  otherwise  provided  for  by  the  Commission,  by  means  of  delegated  acts 
pursuant to Article 238, licences shall be issued subject to the lodging of a security 
guaranteeing  that  the  products  are  imported  within  the  period  of  validity  of  the 
licence. 

Except in cases of force majeure, the security shall be forfeited in whole or in part if 
the  import  is  not  carried  out,  or  is  carried  out  only  partially,  within  the  period  of 
validity of the licence. 

Article 237 

Special security in the wine sector 

For juice and musts falling under CN codes 2009 61, 2009 69 and 2204 30 for which 
the application of the Common Customs Tariff duties depends on the import price of 
the product, the actual amount of that price shall be verified either by checking every 
consignment or by using a flat-rate import value calculated by the Commission, by 
means of implementing acts without the assistance of the Committee referred to in 
Article 323(1), on the basis of price quotations for the same products in the countries 
of origin. 

Should  the  declared  entry  price  of  the  consignment  be  higher  than  the  flat-rate 
import value, if such applies, increased by a margin adopted by the Commission by 

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means of implementing acts that may not exceed the flat-rate import value by more 
than 10 %, a security must be lodged equal to the import duties determined on the 
basis of the flat-rate import value. 

If  the  entry  price  of  the  consignment  is  not  declared,  the  application  of  Common 
Customs  Tariff  duties  shall  be  dependent  on  the  flat-rate  import  value  or  on  the 
application,  under  conditions  to  be  determined  by  the  Commission  by  means  of 
implementing acts, of the relevant provisions of customs legislation. 

2. 

Should derogations adopted in accordance with Article 43(2) of the Treaty referred 
to  in  point  5  of  Section  B  or  Section  C  of  Part  II  of  Annex XIII  be  applied  to 
imported  products,  importers  shall  lodge  a  security  for  those  products  with  the 
designated  customs  authorities  at  the  time  of  release  for  free  circulation.  The 
security shall be released on presentation by the importer of proof, to the satisfaction 
of  the  customs  authorities  of  the  Member  State  of  release  for  free  circulation,  that 
the musts were made into grape juice, used in other products outside the wine sector 
or, if vinified, have been appropriately labelled. 

Article 238 

Delegated powers 

1. 

In  order  to  take  account  of  the  evolution  of  trade  and  market  developments,  the 
needs  of  the  markets  concerned  and  when  necessary  for  monitoring  imports  of  the 
products in question, the Commission may, by means of delegated acts, determine:  

(a) 

(b) 

the list of the products of the sectors referred to in Article 233 subject to the 
presentation of an import licence; 

the  cases  and  situations  where  the  presentation  of  an  import  licence  is  not 
required, based on, in particular, the customs status of the products in question, 
the  trade  arrangements  to  be  respected,  the  purposes  of  operations,  the  legal 
status of the applicant and the quantities involved. 

2. 

In order to define the main elements of the import licence system, the Commission 
may, by means of delegated acts: 

(a) 

define  the  rights  and  obligations  deriving  from  the  licence,  its  legal  effects, 
including the possibility of a tolerance as regards the respect of the obligation 
to  import,  and  the  indication  of  the  origin  and  provenance  where  that  is 
compulsory; 

(b)  provide that the issue of a licence or the release into free circulation shall be 
subject to the presentation of a document issued by a third country or an entity 
certifying inter alia the origin, the authenticity and the quality characteristics 
of the products; 

(c) 

adopt  the  rules  applicable  to  the  transfer  of  the  licence  or,  as  necessary,  the 
restrictions on this transmissibility; 

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(d) 

adopt  the  rules  necessary  for  the  reliability  and  the  efficiency  of  the  licence 
system  and  the  situations  where  a  specific  administrative  assistance  between 
Member  States  is  needed  to  prevent  or  deal  with  cases  of  fraud  and 
irregularities; 

(e) 

determine  the  cases  and  situations  where  the  lodging  of  a  security  is  not 
required. 

Article 239 

Implementing powers 

The Commission shall, by means of implementing acts, adopt all necessary measures related 
to this Section, including rules on: 

(a) 

(b) 

(c) 

(d) 

(e) 

the lodging of applications and the issuing of licences and their use; 

the period of validity of the licence and the amount of security to be lodged; 

the proofs that the requirements linked to the use of licences have been fulfilled; 

the issue of replacement licences and duplicate licences; 

the treatment of licences by Member States and the exchange of information needed 
for the management of the system. 

SECTION II 

IMPORT DUTIES AND LEVIES 

Article 240 

Import duties 

Save  as  otherwise  provided  for  pursuant  to  this  Regulation,  the  rates  of  import  duty  in  the 
Common Customs Tariff shall apply to the products referred to in Article 1. 

Article 241 

Calculation of import duties for cereals 

1. 

the 

Notwithstanding  Article 240, 
import  duty  on  products  covered  by 
CN codes 1001 10 00,  1001 90 91,  ex 1001 90 99  (high  quality  common  wheat), 
1002 00 00,  1005 10 90,  1005 90 00  and  1007 00 90  other  than  hybrid  for  sowing, 
shall  be  equal  to  the  intervention  price  valid  for  such  products  on  importation 
increased  by  55 %,  minus  the  c.i.f.  import  price  applicable  to  the  consignment  in 
question.  However,  that  duty  may  not  exceed  the  conventional  rate  of  duty  as 
determined on the basis of the Combined Nomenclature. 

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2. 

1. 

2. 

3. 

The import duty referred to in paragraph 1 shall be calculated by the Commission by 
means of implementing acts without the assistance of the Committee referred to in 
Article  323(1)  on  the  basis  of  representative  c.i.f.  import  prices  established  on  a 
regular basis for the products referred to in paragraph 1 of this Article. 

Article 242 

Calculation of import duties for husked rice 

Notwithstanding  Article 240,  the  import  duty  on  husked  rice  falling  within 
CN code 1006 20 shall be fixed by the Commission by means of implementing acts 
without the assistance of the Committee referred to in Article 323(1) within 10 days 
of  the  end  of  the  reference  period  concerned  in  accordance  with  point 1  of 
Annex XV. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), fix a new applicable duty if the calculations 
performed under that Annex indicate a need to change the duty. Until such time as a 
new applicable duty is fixed, the duty previously fixed shall apply. 

In order to calculate the imports referred to in point 1 of Annex XV, account shall be 
taken  of  the  quantities  for  which  import  licences  for  husked  rice  falling  within 
CN code 1006 20  were issued in  the  corresponding  reference  period,  excluding  the 
import licences for Basmati rice referred to in Article 243. 

The annual reference quantity shall be 449 678 tonnes. The partial reference quantity 
for each marketing year shall correspond to half the annual reference quantity. 

Article 243 

Calculation of import duties for husked basmati rice 

Notwithstanding  Article 240,  the  husked  Basmati  rice  varieties  falling  within  CN  codes 
1006 20 17 and 1006 20 98 listed in Annex XVI shall qualify for a zero rate of import duty 
under the conditions fixed by the Commission by means of delegated and implementing acts 
adopted pursuant to Articles 249 and 250. 

Article 244 

Calculation of import duties for milled rice 

1. 

Notwithstanding Article 240, the import duty for semi-milled or wholly milled rice 
falling  within  CN  code  1006 30  shall  be  fixed  by  the  Commission,  by  means  of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article 323(1),  within  ten  days  after  the  end  of  the  reference  period  concerned  in 
accordance with point 2 of Annex XV. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), fix a new applicable duty if the calculations 

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performed under that Annex indicate a need to change the duty. Until such time as a 
new applicable duty is fixed, the duty previously fixed shall apply. 

2. 

In  order  to  calculate  imports  referred  to  in  point  2  of  Annex XV,  account  shall  be 
taken  of  the  quantities  for  which  import  licences  for  semi-milled  or  wholly  milled 
rice  falling  within  CN  code  1006 30  were  issued  in  the  corresponding  reference 
period. 

Article 245 

Calculation of import duties for broken rice 

Notwithstanding  Article 240,  the  import  duty  on  broken  rice  falling  within  CN  code 
1006 40 00 shall be EUR 65 per tonne. 

Article 246 

Entry price system for the fruit and vegetables and the processed fruit and vegetables 
sectors 

1. 

2. 

3. 

Should  application  of  the  Common  Customs  Tariff  duty  rate  depend  on  the  entry 
price of the imported consignment, the veracity of this price shall be checked using a 
standard import value calculated by the Commission, by means of implementing acts 
without the assistance of the Committee referred to in Article 323(1), by product and 
by origin, on the basis of the weighted average of prices for the product on Member 
States’ representative import markets or on other markets, where appropriate. 

Specific  provisions  may,  however,  be  adopted  by  the  Commission  by  means  of 
implementing  acts  for  verifying  the  entry  price  of  products  imported  primarily  for 
processing. 

Where  the  declared  entry  price  of  the  consignment  in  question  is  higher  than  the 
standard  import  value,  increased  by  a  margin  set  by  the  Commission  by  means  of 
implementing  acts  which  may  not  exceed  the  standard  import  value  by  more  than 
10 %, the lodging of a security equal to the import duty determined on the basis of 
the standard import value shall be required. 

If  the  entry  price  of  the  consignment  in  question  is  not  declared  at  the  time  of 
customs clearance, the Common Customs Tariff duty rate to be applied shall depend 
on the standard import value or be arrived at by application of the relevant customs 
legislation  provisions  under  conditions  to  be  determined  by  the  Commission  by 
means of delegated and implementing acts pursuant to Article 249 and 250. 

Article 247 

Additional import duties 

1. 

The Commission may, by means of implementing acts, determine the products of the 
cereals,  rice,  sugar,  fruit  and  vegetables,  processed  fruit  and  vegetables,  beef  and 

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veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and 
bananas sectors, as well as of grape juice and grape must, to which, when imported 
subject to the rate of duty laid down in Articles 240 to 246, an additional import duty 
is to be applied in order to prevent or counteract adverse effects on the Union market 
which may result from those imports, if: 

(a) 

the  imports  are  made  at  a  price  below  the  level  notified  by  the  Union  to  the 
WTO (the trigger price); or 

(b) 

the volume of imports in any year exceeds a certain level (the trigger volume). 

The  trigger  volume  shall  be  based  on  market  access  opportunities  defined,  where 
applicable,  as  imports  as  a  percentage  of  the  corresponding  domestic  consumption 
during the three previous years. 

Additional  import  duties  shall  not  be  imposed  where  the  imports  are  unlikely  to 
disturb  the  Union  market,  or  where  the  effects  would  be  disproportionate  to  the 
intended objective. 

For the purposes of paragraph 1(a), import prices shall be determined on the basis of 
the c.i.f. import prices of the consignment under consideration. 

C.i.f. import prices shall be checked against the representative prices for the product 
on the world market or on the Union import market for that product. 

The Commission may, by means of implementing acts without the assistance of the 
Committee  referred  to  in  Article  323(1),  fix  the  representative  prices  and  trigger 
volumes for the purposes of applying additional import duties in the framework of 
the rules adopted pursuant to Article 250(d). 

2. 

3. 

4. 

Article 248 

Suspension of import duties in the sugar sector 

The Commission may, by means of implementing acts, suspend import duties in whole or in 
part  for  certain  quantities  in  respect  of  the  following  products  to  guarantee  the  supply 
necessary for the manufacturing of products referred to in Article 55(2): 

(a) 

(b) 

sugar falling within CN code 1701; 

isoglucose  falling  within  CN  codes  1702 30 10,  1702 40 10,  1702 60 10  and 
1702 90 30. 

Article 249 

Delegated powers 

1. 

In order to ensure that operators respect their obligations, the Commission may, by 
means of delegated acts, adopt the requirement for the lodging of a security for the 
import of specific types of high quality cereals and Basmati rice. 

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2. 

3. 

In  order  to  ensure  the  proper  functioning  of  the  Basmati  rice  regime,  the 
Commission  may,  by  means  of  delegated  acts,  determine  further  requirements  that 
operators have to fulfil in order to lodge an application for an import licence under 
Article 243. 

In  order  to  take  account  of  the  specificities  of  the  cereals  sector,  the  Commission 
shall by means of delegated acts establish minimum quality requirements necessary 
to benefit from a reduction in the rate of the import duty. 

Article 250 

Implementing powers 

The Commission may, by means of implementing acts, adopt: 

(a) 

as regards Article 241: 

(i) 

the price quotations to be taken into consideration; 

(ii) 

the  possibility,  where  appropriate  in  specific  cases,  of  giving  operators  the 
opportunity to know the duty applicable before the arrival of the consignments 
concerned; 

(b) 

(c) 

(d) 

the  necessary  rules  to  verify  the  correct  application  of  the  duties  referred  to  in 
Article 243  with  a  view  to  checking  the  characteristics  and  quality  of  the  products 
imported,  and  the  measures  to  be  taken  for  specific  difficulties  encountered  in  the 
application of the regime; 

as regards Article 246, rules on the calculation of the standard import value, on the 
reporting of prices, on the identification of representative markets and on the entry 
price;  

as regards Article 247, further rules necessary for the application of paragraph 1 of 
that Article; 

(e) 

provisions to verify the characteristics and quality of products imported. 

SECTION III 

IMPORT QUOTA MANAGEMENT 

Article 251 

Tariff quotas 

1. 

Tariff  quotas  for  imports  of  products  referred  to  in  Article 1  resulting  from 
agreements  concluded  in  accordance  with  Article 218  of  the  Treaty  or  from  any 
other act adopted in accordance with Article 43(2) of the Treaty shall be opened and 

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administered  by  the  Commission  by  means  of  delegated  and  implementing  acts 
pursuant to Articles 253, 254 and 255. 

2. 

Tariff  quotas  shall  be  administered  in  a  manner  which  avoids  any  discrimination 
between  the  operators  concerned,  by  applying  one  of  the  following  methods  or  a 
combination of them or another appropriate method: 

(a) 

(b) 

(c) 

a method based on the chronological order of the lodging of applications (‘first 
come, first served’ principle); 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (using the ‘simultaneous examination method’); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
‘traditional/newcomers method’). 

The method of administration adopted shall, where appropriate, give due weight to 
the  supply  requirements  of  the  Union  market  and  the  need  to  safeguard  the 
equilibrium of that market. 

Article 252 

Specific rules 

With  regard  to  the  import  quota  of  54 703 tonnes  of  frozen  beef  and  veal  meat 
falling  within  CN  codes  0202 20 30,  0202 30  and  0206 29 91  and  intended  for 
processing, the European Parliament and the Council, acting in accordance with the 
procedure laid down in Article 43(2) of the Treaty, may lay down that all or part of 
the  quota  shall  cover  equivalent  quantities  of  quality  meat,  applying  a  conversion 
rate of 4,375. 

In  the  case  of  tariff  quota  for  import  into  Spain  of  2 000 000 tonnes  of  maize  and 
300 000 tonnes  of  sorghum  and 
into  Portugal  of 
500 000 tonnes  of  maize,  the  rules  referred  to  in  Article 253  shall  also  include  the 
provisions necessary for carrying out the tariff quota imports and, where appropriate, 
the public storage of the quantities imported by the paying agencies of the Member 
States concerned and their disposal on the markets of those Member States. 

tariff  quota  for 

import 

3. 

1. 

2. 

Article 253 

Delegated powers 

1. 

In order to ensure fair access for the quantities available and an equal treatment of 
operators within the import tariff quota, the Commission shall by means of delegated 
acts: 

(a) 

determine  the  conditions  and  eligibility  requirements  that  an  operator  has  to 
fulfil  to  lodge  an  application  within  the  import  tariff  quota;  the  provisions 
concerned may require a minimum experience in trade with third countries and 
assimilated  territories,  or  in  processing  activity,  expressed  in  a  minimum 

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quantity  and  period  of  time  in  a  given  market  sector;  those  provisions  may 
include specific rules to suit the needs and practices in force in a certain sector 
in respect to, in particular, the uses and needs of the processing industries; 

(b) 

adopt provisions relating to the transfer of rights between operators and when 
necessary the limitations to transfer within the management of the import tariff 
quota. 

2. 

In  order  to  ensure  that  operators  respect  their  obligations  and  to  guarantee  the 
application of the agreements or of the commitments of the Union, the Commission 
may by means of delegated acts: 

(a)  make  the  participation  in  the  import  tariff  quota  subject  to  the  lodging  of  a 

security; 

(b) 

(c) 

adopt  the  rules  necessary  for  the  reliability  and  the  efficiency  of  the  licence 
system, in particular, relating to the situations where a specific administrative 
assistance between Member States is needed; including provisions establishing 
the obligation for the Member States to notify data and information; 

adopt  rules  to  prevent  fraud  and  irregularities,  providing  for,  inter  alia,  the 
payment  of  specific  penalties,  and  the  exclusion  of  the  concerned  operators 
from  the  participation  in  the  tariff  quota  in  proportion  to  the  detected  frauds 
and irregularities. 

Article 254 

Implementing powers 

1. 

The Commission shall, by means of implementing acts, provide for: 

(a) 

(b) 

the  annual  tariff  quotas,  if  necessary  suitably  phased  over  the  year  and  shall 
determine the administrative method to be used; 

rules for the application of the specific provisions laid down in the agreement 
or act adopting the import regime, in particular, where necessary, on: 

(i) 

guarantees covering the nature, provenance and origin of the product; 

(ii) 

recognition of the document used for verifying the guarantees referred to 
in point (i); 

(iii) 

the presentation of a document issued by the exporting country; 

(iv)  destination and use of the products; 

(c) 

the period of validity of the licences or of the authorisations; 

(d) 

the amounts of the security; 

(e) 

rules on publication of information and communications. 

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2. 

The Commission may, by means of implementing acts, provide for: 

(a) 

the  use  of  licences,  and,  when  necessary,  specific  rules  relating  to,  in 
particular, the conditions under which applications for import shall be lodged 
and authorisation granted within the tariff quota; 

(b) 

the monitoring of the import regime. 

Article 255 

Implementing acts to be adopted without the assistance of the Committee referred to in 
Article 323(1) 

1. 

2. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), adopt the provisions to manage the process 
to  guarantee  that  the  quantities  available  within  the  import  tariff  quota  are  not 
exceeded, in particular by fixing an allocation coefficient to each application when 
the  available  quantities  are  reached,  rejecting  pending  applications  and  when 
necessary to suspend the lodging of applications. 

The Commission may, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), adopt provisions for the reallocation of the 
unused quantities. 

SECTION IV 

SPECIAL PROVISIONS FOR CERTAIN PRODUCTS 

SUBSECTION I 

SPECIAL PROVISIONS FOR IMPORTS IN RESPECT OF THE CEREALS AND RICE 
SECTORS 

Article 256 

Imports of mixtures of different cereals 

The import duty applicable to mixtures composed of cereals falling within points (a) and (b) 
of Part I of Annex I shall be established as follows: 

(a) 

in the case where the mixture is composed of two of such cereals, the import duty 
shall be that applicable: 

(i) 

to the component cereal predominating by weight, when the cereal represents 
at least 90 % of the weight of the mixture; 

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(ii) 

to the component cereal liable to the higher import duty, when neither of the 
two component cereals represents at least 90 % of the weight of the mixture; 

(b) 

in  the  case  where  the  mixture  is  composed  of  more  than  two  of  such  cereals,  and 
where several cereals each represent more than 10 % by weight of the mixture, the 
import  duty  applicable  to  the  mixture  shall  be  the  highest  of  the  import  duties 
applicable to such cereals, even when the amount of the import duty is the same for 
two or more of the cereals. 

Where only one cereal represents more than 10 % of the weight of the mixture, the 
import duty to be applied shall be that applicable to this cereal; 

(c) 

in all cases not covered by points (a) and (b), the import duty shall be the highest of 
the  import  duties  applicable  to  the  cereals  composing  the  mixture  concerned,  even 
when the amount of the import duty is the same for two or more of the cereals. 

Article 257 

Imports of mixtures between cereals and rice 

The import duty applicable to mixtures composed of one or more of the cereals falling within 
points (a) and (b) of Part I of Annex I, on the one hand, and of one or more of the products 
falling within points (a) and (b) of Part II of Annex I, on the other, shall be that applicable to 
the component cereal or product liable to the highest import duty. 

Article 258 

Imports of mixtures of rice 

The  import  duty  applicable  to  mixtures  composed  either  of  rice  classifiable  under  several 
different  processing  groups  or  stages  or  of  rice  classifiable  under  one  or  more  different 
processing  groups  or  stages  on  the  one  hand  and  of  broken  rice  on  the  other  shall  be  that 
applicable: 

(a) 

(b) 

to the component predominating by weight, when that component represents at least 
90 % of the weight of the mixture; 

to the component liable to the highest import duty, when no component represents at 
least 90 % of the weight of the mixture. 

Article 259 

Applicability of the tariff classification 

Where the method for fixing the import duty set out in Articles 256, 257 and 258 cannot be 
applied,  the  duty  to  be  applied  to  the  mixtures  referred  to  in  those  Articles  shall  be  that 
determined by the tariff classification of the mixtures. 

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SUBSECTION II 

IMPORT ARRANGEMENTS FOR SUGAR 

Article 260 

Traditional supply need for refining 

1. 

2. 

3. 

A  traditional  supply  need  of  sugar  for  refining  is  fixed  for  the  Union  at 
2 489 735 tonnes per marketing year, expressed in white sugar. 

The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a 
full-time refiner. 

Import  licences  for  sugar  for  refining  shall  be  issued  only  to  full-time  refiners 
provided  that  the  quantities  concerned  do  not  exceed  the  quantities  that  may  be 
imported in the framework of the traditional supply need referred to in paragraph 1. 
The  licences  may  be  transferred  only  between  full-time  refiners  and  their  validity 
expires at the end of the marketing year for which they have been issued. 

This paragraph shall apply for the first three months of each marketing year. 

Article 261 

Delegated powers 

In order to ensure that imported sugar intended for refining is refined in accordance with this 
Subsection, the Commission may, by means of delegated acts, adopt: 

(a) 

(b) 

certain definitions for the operation of the import arrangements referred to in Article 
260; 

the conditions and eligibility requirements that an operator has to fulfil to lodge an 
application for an import licence, including the lodging of a security; 

(c) 

rules on administrative penalties to be charged. 

Article 262 

Implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  adopt  the  necessary  rules  on  the 
proofs  and  documents  to  be  supplied  regarding  import  requirements  and  obligations  for 
operators, in particular full-time refiners. 

EN 

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SUBSECTION III 

SPECIAL PROVISIONS FOR IMPORTS OF HEMP 

Article 263 

Imports of hemp 

1. 

The  following  products  may  be  imported  into  the  Union  only  if  the  following 
conditions are met: 

(a) 

(b) 

(c) 

raw true hemp falling within CN code 5302 10 00 meeting the conditions laid 
down in Article 39 of Regulation (EC) No 73/2009; 

seeds  of  varieties  of  hemp  falling  within  CN  code  ex 1207 99 15  for  sowing 
accompanied by proof that the tetrahydrocannabinol level does not exceed that 
fixed in accordance with Article 39 of Regulation (EC) No 73/2009; 

hemp  seeds  other  than  for  sowing,  falling  within  CN  code  1207 99 91 
imported only by importers authorised by the Member State in order to ensure 
that such seeds are not intended for sowing. 

Without  prejudice  to  any  specific  provisions  which  may  be  adopted  by  the 
Commission  by  means  of  implementing  acts  pursuant  to  Article 318,  imports  into 
the Union of the products specified in paragraph 1(a) and (b) of this Article shall be 
subject to checks to determine whether the conditions provided for in paragraph 1 of 
this Article are met. 

This Article shall apply without prejudice to more restrictive provisions adopted by 
Member States in compliance with the Treaty and the obligations arising under the 
WTO Agreement on Agriculture. 

SUBSECTION IV 

SPECIAL PROVISIONS FOR IMPORTS OF HOPS 

Article 264 

Imports of hops 

Products  of  the  hops  sector  may  be  imported  from  third  countries  only  if  their 
quality standards are at least equivalent to those adopted for like products harvested 
within the Union or made from such products. 

Products  shall  be  considered  as  being  of  the  standard  referred  to  in  paragraph 1  if 
they  are  accompanied  by  an  attestation  issued  by  the  authorities  of  the  country  of 

2. 

3. 

1. 

2. 

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3. 

4. 

1. 

2. 

3. 

origin  and  recognised  as  equivalent  to  the  certificate  referred  to  in  Article 117  of 
Regulation (EC) No 1234/2007. 

In the case of hop powder, hop powder with higher lupulin content, extract of hops 
and mixed hop products, the attestation may be recognised as being equivalent to the 
certificate only if the alpha acid content of these products is not lower than that of 
the hops from which they have been prepared. 

In order to minimise the administrative burden, the Commission may, by means of 
delegated acts, set the conditions under which obligations related to an attestation of 
equivalence and the labelling of packaging do not apply. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  related  to  this 
Article, including the rules on the recognition of attestations of equivalence and on 
the checking of imports of hops. 

SECTION V 

SAFEGUARD AND INWARD PROCESSING 

Article 265 

Safeguard measures 

Safeguard  measures  against  imports  into  the  Union  shall  be  taken  by  the 
Commission,  subject  to  paragraph 3  of  this  Article,  in  accordance  with  Council 
Regulations (EC) No 260/200942 and (EC) No 625/200943. 

Save as otherwise provided for pursuant to any other act of the European Parliament 
and  the  Council  and  any  other  act  of  the  Council,  safeguard  measures  against 
imports  into  the  Union  provided  for  in  international  agreements  concluded  in 
accordance  with  Article 218  of  the  Treaty  shall  be  taken  by  the  Commission  in 
accordance with paragraph 3 of this Article. 

The Commission may take measures referred to in paragraphs 1 and 2 by means of 
implementing acts  at  the  request  of a  Member  State or  on its own  initiative. If the 
Commission  receives  a  request  from  a  Member  State,  it  shall  take  a  decision 
thereon, by means of implementing acts, within five working days following receipt 
of the request. In cases of urgency, the Commission shall take a decision, acting in 
accordance with Article 323(2). 

The measures adopted shall be communicated forthwith to the Members States and 
shall take effect immediately. 

42 
43 

OJ L 84, 31.3.2009, p. 1. 
OJ L 185, 17.7.2009, p. 1. 

EN 

196 

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4. 

1. 

Union  safeguard  measures  adopted  pursuant  to  paragraph  3  shall  be  revoked  or 
amended  by the Commission  by means of implementing acts. In cases of urgency, 
the Commission shall take a decision, acting in accordance with Article 323(2). 

Article 266 

Suspension of processing and inward processing arrangements 

Where  the  Union  market  is  disturbed  or  is  liable  to  be  disturbed  by  processing  or 
inward  processing  arrangements,  the  Commission  may  by  means  of  implementing 
acts,  at  the  request  of  a  Member  State  or  on  its  own  initiative,  fully  or  partially 
suspend the use of processing or inward processing arrangements for the products of 
the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit 
and  vegetables,  wine,  beef  and  veal,  milk  and  milk  products,  pigmeat,  sheepmeat 
and  goatmeat,  eggs,  poultrymeat  and  agricultural  ethyl  alcohol  sectors.  If  the 
Commission  receives  a  request  from  a  Member  State,  it  shall  take  a  decision 
thereon, by means of implementing acts, within five working days following receipt 
of the request. In cases of urgency, the Commission shall take a decision, acting in 
accordance with Article 323(2). 

The measures adopted shall be communicated forthwith to the Members States and 
shall take effect immediately. 

2. 

To  the  extent  necessary  for  the  proper  functioning  of  the  CMO,  the  use  of  inward 
processing arrangements for the products referred to in paragraph 1 may be fully or 
partially  prohibited  by  the  European  Parliament  and  the  Council,  acting  in 
accordance with the procedure laid down in Article 43(2) of the Treaty.  

EN 

197 

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CHAPTER III 

Exports 

Section I 

Export licences 

Article 267 

Export licences 

1. 

Without  prejudice  to  cases  where  export  licences  are  required  in  accordance  with 
this Regulation, exports of one or more products of the  following sectors  from the 
Union may be made subject to the presentation of an export licence, taking account 
of the need for export licences for the management of the markets concerned and, in 
particular, for monitoring the exports of the products in question: 

(a) 

cereals; 

(b) 

rice; 

(c) 

sugar; 

(d)  olive  oil  and  table  olives,  with  regard  to  olive  oil  referred  to  in  point  (a)  of 

Part VII of Annex I; 

(e) 

fruit and vegetables; 

(f) 

processed fruit and vegetables; 

(g)  wine; 

(h)  beef and veal; 

(i)  milk and milk products; 

(j) 

pigmeat; 

(k) 

sheepmeat and goatmeat; 

(l) 

eggs; 

(m)  poultrymeat; 

(n) 

agricultural ethyl alcohol. 

2. 

Articles 234, 235 and 236 shall apply mutatis mutandis. 

EN 

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Article 268 

Delegated powers 

1. 

In  order  to  take  account  of  the  evolution  of  trade  and  market  developments,  the 
needs  of  the  markets  concerned  and  when  necessary  for  monitoring  exports  of  the 
products in question, the Commission may, by means of delegated acts, determine: 

(a) 

(b) 

the list of the products of the sectors referred to in Article 267(1) subject to the 
presentation of an export licence; 

the  cases  and  situations  where  the  presentation  of  an  export  licence  is  not 
required, based on, in particular, the customs status of the products in question, 
the purposes of operations, the legal status of the applicant  and the quantities 
involved. 

2. 

In order to define the main elements of the export licence system, the Commission 
may by means of delegated acts: 

(a) 

(b) 

(c) 

define  the  rights  and  obligations  deriving  from  the  licence,  its  legal  effects, 
including the possibility of a tolerance as regards the respect of the obligation 
to export, and the indication of the destination where that is compulsory; 

adopt  the  rules  applicable  to  the  transfer  of  the  licence  or  as  necessary  the 
restrictions on this transmissibility; 

adopt  the  rules  necessary  for  the  reliability  and  the  efficiency  of  the  licence 
system  and  the  situations  where  a  specific  administrative  assistance  between 
Member States is needed to prevent or deal with cases of fraud; 

(d)  determine  the  cases  and  situations  where  the  lodging  of  a  security  is  not 

required. 

Article 269 

Implementing powers 

The Commission  shall, by  means  of  implementing  acts, adopt all necessary rules  related to 
this Section, including rules on: 

(a) 

the lodging of applications and the issuing of licences and their use; 

(b) 

the period of validity of the licences and the amount of security to be lodged; 

(c) 

the  proofs  that  the  requirements  linked  to  the  use  of  licences  have  been 
fulfilled; 

(d) 

the issue of replacement licences and duplicate licences; 

(e) 

the  treatment  of  licences  by  Member  States  and  the  exchange  of  information 
needed for the management of the system. 

EN 

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Article 270 

Implementing acts to be adopted without the assistance of the Committee referred to in 
Article 323(1) 

The  Commission  may,  by  means  of  implementing  acts  without  the  assistance  of  the 
Committee referred to in Article 323(1), limit the quantities for which licences may be issued, 
reject quantities applied for and suspend the lodging of applications in order to manage the 
market where large quantities are applied for. 

SECTION II 

EXPORT REFUNDS 

Article 271 

Scope of export refunds 

1. 

To the extent necessary to enable exports on the basis of world market quotations or 
prices and within the limits resulting from agreements concluded in accordance with 
Article 218  of  the  Treaty,  the  difference  between  those  quotations  or  prices  and 
prices in the Union may be covered by export refunds for: 

(a) 

the products of the following sectors to be exported without further processing: 

(i) 

cereals; 

(ii) 

rice; 

(iii)  sugar, with regard to the products listed in points (b), (c), (d) and (g) of 

Part III of Annex I; 

(iv)  beef and veal; 

(v)  milk and milk products; 

(vi)  pigmeat; 

(vii)  eggs; 

(viii)  poultrymeat; 

(b) 

the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be exported in the 
form of goods listed in Annexes XVII and XVIII. 

In the case of the milk and milk products exported in the form of products listed in 
Part IV  of  Annex XVII,  export  refunds  may  only  be  granted  for  products  listed  in 
points (a) to (e) and (g) of Part XVI of Annex I. 

EN 

200 

   EN 

 
 
 
 
2. 

3. 

4. 

5. 

Export  refunds  on  products  exported  in  the  form  of  processed  goods  listed  in 
Annexes XVII  and  XVIII  may  not  be  higher  than  those  applicable  to  the  same 
products exported without further processing. 

Insofar  as  is  necessary  to  take  account  of  the  specificities  of  production  of  certain 
spirit  drinks  obtained  from  cereals,  including  their  long  maturation  period,  the 
Commission  may,  by  means  of  delegated  acts,  adopt  provisions  concerning  the 
eligibility  of  products  and  operators  to  export  refunds,  in  particular  the  definition 
and  characteristics  of  the  products,  and  the  establishment  of  coefficients  for  the 
purposes  of  calculating  export  refunds  taking  account  of  the  ageing  process  of  the 
products concerned. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all  necessary 
measures related to this Article, including the technical and procedural requirements 
for national checks in respect of the products referred to in paragraph 3. 

The Commission may, by means of implementing acts without the assistance of the 
Committee  referred  to  in  Article  323(1),  fix  the  coefficient  adjusting  the  export 
refund for the products referred to in paragraph 3 of this Article. 

Article 272 

Export refund distribution 

The quantities which may be exported with an export refund shall be allocated by the method 
which: 

(a) 

is  most  suited  to  the  nature  of  the  product  and  the  situation  on  the  market  in 
question, allowing the most efficient possible use of the resources available, account 
being  taken  of  the  efficiency  and  structure  of  Union  exports  without  creating 
discrimination between the operators concerned and in particular between large and 
small operators; 

(b) 

is  least  cumbersome  administratively  for  operators,  account  being  taken  of 
administrative requirements; 

(c) 

avoids any discrimination between the operators concerned. 

Article 273 

Export refund fixation 

1. 

2. 

Export refunds shall be the same for the whole Union. They may vary according to 
destination, especially where the world market situation, the specific requirements of 
certain  markets,  or  obligations  resulting  from  agreements  concluded  in  accordance 
with Article 218 of the Treaty make this necessary. 

Measures on the fixing of refunds shall be taken by the Council in accordance with 
Article 43(3) of the Treaty. 

EN 

201 

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Article 274 

Granting of export refund 

1. 

2. 

3. 

4. 

5. 

Refunds  on  products  listed  in  Article 271(1)(a)  exported  as  such  without  further 
processing  shall  only  be  granted  on  application  and  on  presentation  of  an  export 
licence. 

The refund applicable to products referred to in paragraph 1 shall be that applicable 
on the day of application for the licence or, as the case may be, that resulting from 
the  tendering  procedure  concerned  and,  in  the  case  of  a  differentiated  refund,  that 
applicable on the same day: 

(a) 

for the destination indicated on the licence; or 

(b)  where appropriate, for the actual destination if this differs from the destination 
indicated on the licence, in which case the amount applicable shall not exceed 
the amount applicable to the destination indicated on the licence. 

The Commission may, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), take appropriate measures to prevent abuse 
of the flexibility provided for in this paragraph. These measures may, in particular, 
relate to the procedure for submitting applications and to the notifications exporters 
have to make. 

In order to take account of the specificities of trade and transport conditions in the 
case  of  eggs  for  hatching  and  of  day-old  chicks,  the  Commission  may  decide,  by 
means of delegated acts, that export licences may be granted ex post. 

In  order  to  ensure  equality  of  access  to  export  refunds  for  exporters  of  products 
mentioned  in  Annex  I  to  the  Treaty,  and  of  products  processed  thereof,  the 
Commission may, by means of delegated acts, decide to apply paragraphs 1 and 2 to 
the goods referred to in Article 271(1)(b) of this Regulation. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related to this paragraph. 

to  minimise 

In  order 
the  administrative  burden  for  humanitarian  welfare 
organisations,  the  Commission  may,  by  means  of delegated acts,  grant derogations 
from  paragraphs 1  and  2  in  the  case  of  products  on  which  export  refunds  are  paid 
under food-aid operations. 

6. 

The refund shall be paid upon submission of proof that: 

(a) 

the products have been exported from the Union; 

(b) 

in the case of a differentiated refund, the products have reached the destination 
indicated  on  the  licence  or  another  destination  for  which  a  refund  was  fixed, 
without prejudice to point (b) of paragraph 2. 

EN 

202 

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7. 

The  Commission  may,  by  means  of  delegated  acts,  establish  further  conditions  for 
the granting of export refunds in order to prevent diversion of trade, in particular the 
condition that: 

(a) refunds are only paid for products of EU origin; 

(b)  the  amount  of  refunds  for  imported  products  shall  be  limited  to  the  duties 
collected  on  importation  where  those  duties  are  lower  than  the  refund 
applicable. 

Article 275 

Export refunds for live animals in the beef and veal sector 

1. 

2. 

With regard to products of the beef and veal sector, the granting and the payment of 
the refund for exports of live animals shall be subject to compliance with the animal 
welfare  requirements  established  in  Union  legislation  and,  in  particular,  the 
protection of animals during transport. 

In order to encourage exporters to respect animal welfare conditions and to enable 
the competent authorities to verify correct expenditure of export refunds where this 
is conditional on respect for animal welfare requirements, the Commission shall by 
means of delegated acts: 

(a) 

adopt  provisions  on  the  respect  of  animal  welfare  requirements  outside  the 
customs  territory  of  the  Union,  and  the  verification  and  reporting  thereof, 
including the use of independent third parties; 

(b) 

fix the penalties on the payment or recovery of the export refund for the non 
respect of legal requirements on animal welfare conditions. 

3. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related to this Article. 

Article 276 

Export limits 

Observance  of  the  volume  commitments  resulting  from  the  agreements  concluded  in 
accordance  with  Article 218  of  the  Treaty  shall  be  ensured  on  the  basis  of  export  licences 
issued  for  the  reference  periods  which  apply  to  the  products  concerned.  With  regard  to 
compliance  with  the  obligations  arising  under  the  WTO  Agreement  on  Agriculture,  the 
ending of a reference period shall not affect the validity of export licences. 

EN 

203 

   EN 

 
 
 
1. 

2. 

3. 

4. 

Article 277 

Delegated powers 

In  order  to  ensure  that  operators  respect  their  obligations  when  participating  in 
tendering procedures, the Commission shall, by means of delegated acts, designate 
the primary requirement for release of licence securities for tendered export refunds. 

In  order  to  minimise  the  administrative  burden  for  operators  and  authorities,  the 
Commission  may,  by  means  of  delegated  acts,  set  thresholds  below  which  the 
obligation  to  present  an  export  licence  may  not  be  required,  and  designate 
destinations where an exemption for the obligation to present an export licence can 
be justified. 

In order to adhere to practical situations justifying full or partial eligibility to export 
refunds, and in order to help operators bridge the period between the application for 
and  the  final  payment  of  the  export  refund,  the  Commission  may,  by  means  of 
delegated acts, adopt measures pertaining to: 

(a) 

another date for the refund; 

(b) 

(c) 

(d) 

the consequences for the payment of the export refund when the product code 
or  destination  mentioned  in  a  licence  is  not  in  conformity  with  the  actual 
product or destination; 

advance  payment  of  export  refunds  including  the  conditions  for  the  lodging 
and release of a security; 

checks  and  proof  when  doubts  on  the  real  destination  of  products  exist 
including  the  opportunity  for  re-importation  into  the  customs  territory  of  the 
Union; 

(e) 

destinations  treated  as  exports  from  the  Union,  and  inclusion  of  destinations 
within the customs territory of the Union eligible for export refunds. 

In order to ensure that products benefiting from export refunds are exported from the 
customs territory of the Union and to avoid their return to that territory, and in order 
to  minimise  the  administrative  burden  for  operators  in  generating  and  submitting 
proof  that  refund  products  reached  a  country  of  destination  for  differentiated 
refunds,  the  Commission  may,  by  means  of  delegated  acts,  adopt  measures 
pertaining to: 

(a) 

(b) 

the time limit by which the exit from the customs territory of the Union must 
be finalised, including the time for temporary re-entry; 

the  processing  that  products  benefiting  from  export  refunds  may  undergo 
during that period; 

(c) 

the proof of having reached a destination for differentiated refunds; 

(d) 

the refund thresholds and conditions under which exporters may be exempted 
from such proof; 

EN 

204 

   EN 

 
 
5. 

6. 

7. 

(e) 

conditions  for  approval  of  proof  of  reaching  a  destination  for  differentiated 
refunds by independent third parties. 

In order to take account of the specificities of the different sectors the Commission 
may,  by  means  of  delegated  acts,  adopt  specific  requirements  and  conditions  for 
operators and of the products eligible for an export refund. 

In  order  to  enable  adaptation  to  developments  in  the  processing  industry,  the 
Commission  may,  by  means  of  delegated  acts,  amend  Annex  XVII,  taking  into 
account  the  criteria  referred  to  in  Article  8(2)  of  Council  Regulation  (EC) 
No 1216/200944. 

In order to ensure equality of treatment in terms of the conditions to export refunds 
for  exporters  of  products  mentioned  in  Annex  I  to  the  Treaty,  and  of  products 
processed thereof, the Commission shall, by means of delegated acts, adopt rules for 
the  application  of  Article 274(5),  (6)  and  (7)  for  products  referred  to  in 
the  provisions  of  Regulation  (EC) 
Article 271(1)(b), 
No 1216/2009. 

into  account 

taking 

Article 278 

Implementing powers 

The Commission shall, by means of implementing acts, adopt all necessary measures related 
to this Section, in particular: 

(a) 

(b) 

on  the  redistribution  of  exportable  quantities  which  have  not  been  allocated  or 
utilised; 

for monitoring whether operations conferring entitlement to the payment of refunds 
and all other amounts in respect of export transactions have actually been carried out 
and executed correctly, including physical checks and document scrutiny; 

(c) 

on products referred to in Article 271(1)(b). 

SECTION III 

EXPORT QUOTA MANAGEMENT IN THE MILK AND MILK PRODUCTS SECTOR 

Article 279 

Management of tariff quotas opened by third countries 

1. 

With  regard  to  milk  and  milk  products,  where  an  agreement  concluded  in 
accordance  with  Article 218  of  the  Treaty  provides  for  the  total  or  partial 
management  of  a  tariff  quota  opened  by  a  third  country,  the  Commission  may,  by 

44 

OJ L 328, 15.12.2009, p. 10. 

EN 

205 

   EN 

 
 
 
 
                                                 
means  of  delegated  acts,  adopt  specific  measures  in  order  to  ensure  that  the  quota 
applied for is used in accordance with the objectives of the international Agreement 
concerned. 

The tariff quotas referred to in paragraph 1 shall be administered in a manner which 
avoids  any  discrimination  between  the  operators  concerned  and  which  guarantees 
the full use of the possibilities available under the quota concerned, by applying one 
of the following methods or a combination of them or another appropriate method: 

(a) 

(b) 

(c) 

a  method  based  on  the  chronological  order  of  the  lodging  of  applications 
(‘first come, first served’ principle); 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were lodged (using the ‘simultaneous examination method’); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
‘traditional/new arrival method’). 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  necessary 
provisions for the administration of quotas opened in accordance with this Section. 

The Commission shall, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1), adopt the provisions to manage the process 
to 

(a) 

guarantee that the quantities available under quotas opened in accordance with 
this Section are not exceeded; 

(b) 

reallocate unused quantities. 

SECTION IV 

SPECIAL IMPORT TREATMENT BY THIRD COUNTRIES 

Article 280 

Certificates for products benefiting from a special import treatment in a third country 

When products are exported which may, in accordance with agreements concluded 
by  the  Union  in  accordance  with  Article 218  of  the  Treaty,  benefit  from  a  special 
treatment on importation into a third country if certain conditions are respected, the 
competent  authorities  of  the  Member  States  shall,  on  request  and  after  appropriate 
checks, issue a document certifying that the conditions are met. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all  necessary 
measures related to paragraph 1. 

2. 

3. 

4. 

1. 

2. 

EN 

206 

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SECTION V 

SPECIAL PROVISIONS FOR LIVE PLANTS 

Article 281 

Minimum export prices 

1. 

2. 

1. 

In order to take account of the development of the market for each of the products of 
the live plants sector falling within CN code 0601 10, one or more minimum prices 
for  exports  to  third  countries  may  be  fixed  each  year  in  good  time  before  the 
marketing  season.  Measures  on  fixing  the  minimum  prices  shall  be  taken  by  the 
Council in accordance with Article 43(3) of the Treaty. 

Exportation of such products shall be permitted only at a price equal to or above the 
minimum price fixed for the product in question. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all  necessary 
administrative  measures  related  to  the  first  subparagraph  of  paragraph  1,  having 
regard  to  the  obligations  arising  from  agreements  concluded  in  accordance  with 
Article 218 of the Treaty. 

SECTION VI 

OUTWARD PROCESSING 

Article 282 

Suspension of outward processing arrangements 

Where  the  Union  market  is  disturbed  or  is  liable  to  be  disturbed  by  outward 
processing  arrangements,  the  Commission  may  by  means  of  implementing  acts,  at 
the request of a Member State or on its own initiative, fully or partially suspend the 
use  of  outward  processing  arrangements  for  the  products  of  the  cereals,  rice,  fruit 
and  vegetables,  processed  fruit  and  vegetables,  wine,  beef  and  veal,  pigmeat, 
sheepmeat  and  goatmeat  and  poultrymeat  sectors.  If  the  Commission  receives  a 
request  from  a  Member  State,  it  shall  take  a  decision  thereon,  by  means  of 
implementing  acts,  within  five  working  days  following  receipt  of  the  request.  In 
cases  of  urgency,  the  Commission  shall  take  a  decision,  acting  in  accordance  with 
Article 323(2). 

The measures adopted shall be communicated forthwith to the Members States and 
shall take effect immediately. 

2. 

To the extent necessary for the proper functioning of the CMO, the use of outward 
processing arrangements for the products referred to in paragraph 1 may be fully or 

EN 

207 

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partially  prohibited  by  the  European  Parliament  and  the  Council,  acting  in 
accordance with the procedure laid down in Article 43(2) of the Treaty.  

EN 

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PART IV 

COMPETITION RULES 

CHAPTER I 

Rules applying to undertakings 

Article 283 

Application of Articles 101 to 106 of the Treaty 

Save  as  otherwise  provided  for  in  this  Regulation,  Articles  101  to  106  of  the  Treaty  and 
provisions for the application thereof shall, subject to Articles 284, 285, 286 [and 287] of this 
Regulation, apply to all agreements, decisions and practices referred to in Articles 101(1) and 
102 of the Treaty which relate to the production of, or trade in, the products covered by this 
Regulation. 

Article 284 

Exceptions 

1. 

2. 

Article 101(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
practices referred to in Article 283 of this Regulation which are an integral part of a 
national market organisation or are necessary for the attainment of the objectives set 
out in Article 39 of the Treaty. 

In  particular,  Article 101(1)  of  the  Treaty  shall  not  apply  to  agreements,  decisions 
and practices of farmers, farmers' associations, or associations of such associations 
belonging  to  a  single  Member  State  which  concern  the  production  or  sale  of 
agricultural  products  or  the  use  of  joint  facilities  for  the  storage,  treatment  or 
processing of agricultural products, and under which there is no obligation to charge 
identical prices, unless the Commission finds that competition is thereby excluded or 
that the objectives of Article 39 of the Treaty are jeopardised. 

After consulting the Member States and hearing the undertakings or associations of 
undertakings  concerned  and  any  other  natural  or  legal  person  that  it  considers 
appropriate, the Commission shall have sole power, subject to review by the Court 
of  Justice  of  the  European  Union,  to  determine  which  agreements,  decisions  and 
practices  fulfil  the  conditions  specified  in  paragraph 1.  For  that  purpose,  the 
Commission  shall,  by  means  of  implementing  acts  without  the  assistance  of  the 
Committee referred to in Article 323(1), adopt a Decision which shall be published. 

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The Commission shall undertake such determination either on its own initiative or at 
the  request  of  a  competent  authority  of  a  Member  State  or  of  an  interested 
undertaking or association of undertakings. 

The publication of the Decision referred to in the first subparagraph of paragraph 2 
shall  state  the  names  of  the  parties  and  the  main  content  of  the  Decision.  It  shall 
have  regard  to  the  legitimate  interest  of  undertakings  in  the  protection  of  their 
business secrets. 

Article 285 

Agreements and concerted practices in the fruit and vegetables sector 

Article 101(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
concerted  practices  of  recognised  interbranch  organisations  with  the  object  of 
carrying out the activities referred to in Article 210(3)(c) of this Regulation. 

3. 

1. 

2. 

Paragraph 1 shall apply only provided that: 

(a) 

the  agreements,  decisions  and  concerted  practices  have  been  notified  to  the 
Commission; 

(b)  within  two  months  of  receipt  of  all  the  details  required  the  Commission  by 
means of implementing acts without the assistance of the Committee referred 
to in Article 323(1) has not found that the agreements, decisions or concerted 
practices are incompatible with Union rules. 

3. 

4. 

The agreements, decisions and concerted practices may not be put into effect before 
the lapse of the period referred to in paragraph 2(b). 

The  following  agreements,  decisions  and  concerted  practices  shall  in  any  case  be 
declared incompatible with Union rules: 

(a) 

(b) 

(c) 

(d) 

(e) 

agreements,  decisions  and  concerted  practices  which  may  lead  to  the 
partitioning of markets in any form within the Union; 

agreements,  decisions  and  concerted  practices  which  may  affect  the  sound 
operation of the market organisation; 

agreements, decisions and concerted practices which may create distortions of 
competition which are not essential to achieving the objectives of the common 
agricultural policy pursued by the interbranch organisation activity; 

agreements, decisions and concerted practices which entail the fixing of prices, 
without  prejudice  to  activities  carried  out  by  interbranch  organisations  in  the 
application of specific Union rules; 

agreements,  decisions  and  concerted  practices  which  may  create 
discrimination  or  eliminate  competition  in  respect  of  a  substantial  proportion 
of the products in question. 

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5. 

6. 

1. 

If,  following  expiry  of  the  two-month  period  referred  to  in  paragraph 2(b),  the 
Commission finds that the conditions for applying paragraph 1 have not been met, it 
shall,  by  means  of  implementing  acts  without  the  assistance  of  the  Committee 
referred  to  in  Article  323(1),  take  a  Decision  declaring  that  Article 101(1)  of  the 
Treaty applies to the agreement, decision or concerted practice in question. 

That Commission Decision shall not apply earlier than the date of its notification to 
the  interbranch  organisation  concerned,  unless  that  interbranch  organisation  has 
given incorrect information or abused the exemption provided for in paragraph 1. 

In  the  case  of  multiannual  agreements,  the  notification  for  the  first  year  shall  be 
valid  for  the  subsequent  years  of  the  agreement.  However,  in  that  event,  the 
Commission  may,  on  its  own  initiative  or  at  the  request  of  another  Member  State, 
issue a finding of incompatibility at any time. 

Article 286 

Agreements and concerted practices in the tobacco sector 

Article 101(1)  of  the  Treaty  shall  not  apply  to  the  agreements  and  concerted 
practices of recognised interbranch organisations in the tobacco sector, intended to 
implement the aims referred to in Article 210(1)(c) of this Regulation provided that: 

(a) 

the agreements and concerted practices have been notified to the Commission; 

(b) 

the Commission, by means of implementing acts without the assistance of the 
Committee referred to in Article 323(1) and within three months of receipt of 
all  the  details  required,  has  not  found  that  those  agreements  or  concerted 
practices are incompatible with Union competition rules. 

The agreements and concerted practices may not be implemented during that three-
month period. 

2. 

Agreements and concerted practices shall be declared contrary to Union competition 
rules in the following cases where: 

(a) 

they may lead to the partitioning of markets in any form within the Union; 

(b) 

they may affect the sound operation of the market organisation; 

(c) 

(d) 

they may create distortions of competition which are not essential to achieving 
the  objectives  of  the  common  agricultural  policy  pursued  by  the  interbranch 
organisation measure; 

they entail the fixing of prices or quotas, without prejudice to measures taken 
by interbranch organisations in the application of specific provisions of Union 
rules; 

(e) 

they  may  create  discrimination  or  eliminate  competition  in  respect  of  a 
substantial proportion of the products in question. 

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3. 

If, following expiry of the three-month period referred to in point (b) of paragraph 1, 
the  Commission  finds  that  the  conditions  for  applying  this  Chapter  have  not  been 
met, it shall, by means of implementing acts without the assistance of the Committee 
referred  to  in  Article  323(1),  take  a  decision  declaring  that  Article 101(1)  of  the 
Treaty applies to the agreement or concerted practice in question. 

That decision shall not apply earlier than the date of notification to the interbranch 
organisation  concerned,  unless  that  interbranch  organisation  has  given  incorrect 
information or misused the exemption provided for in paragraph 1. 

[Article 287 

Agreements and concerted practices in the milk and milk products sector 

1. 

Article  101(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
concerted  practices  of  recognised  interbranch  organisations  with  the  object  of 
carrying out the activities referred to in Article 210(4)(c) of this Regulation. 

2. 

Paragraph 1 shall apply only provided that: 

(a) 

the  agreements,  decisions  and  concerted  practices  have  been  notified  to  the 
Commission; 

(b)  within three months of receipt of all the details required, the Commission, by 
means of implementing acts without the assistance of the Committee referred 
to in Article 323(1), has not found that the agreements, decisions or concerted 
practices are incompatible with Union rules. 

3. 

4. 

The agreements, decisions and concerted practices may not be put into effect before 
the lapse of the period referred to in paragraph 2(b). 

The  following  agreements,  decisions  and  concerted  practices  shall  in  any  case  be 
declared incompatible with Union rules: 

(a) 

(b) 

(c) 

agreements,  decisions  and  concerted  practices  which  may  lead  to  the 
partitioning of markets in any form within the Union; 

agreements,  decisions  and  concerted  practices  which  may  affect  the  sound 
operation of the market organisation; 

agreements, decisions and concerted practices which may create distortions of 
competition which are not essential to achieving the objectives of the common 
agricultural policy pursued by the interbranch organisation activity; 

(d) 

agreements, decisions and concerted practices which entail the fixing of prices; 

(e) 

agreements,  decisions  and  concerted  practices  which  may  create 
discrimination  or  eliminate  competition  in  respect  of  a  substantial  proportion 
of the products in question. 

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5. 

6. 

1. 

If,  following  expiry  of  the  period  referred  to  in  paragraph  2(b),  the  Commission 
finds  that  the  conditions  for  applying  paragraph  1  have  not  been  met,  it  shall,  by 
means of implementing acts without the assistance of the Committee referred to in 
Article 323(1), take a Decision declaring that Article 101(1) of the Treaty applies to 
the agreement, decision or concerted practice in question. 

That Commission Decision shall not apply earlier than the date of its notification to 
the  interbranch  organisation  concerned,  unless  that  interbranch  organisation  has 
given incorrect information or abused the exemption provided for in paragraph 1. 

In  the  case  of  multiannual  agreements,  the  notification  for  the  first  year  shall  be 
valid  for  the  subsequent  years  of  the  agreement.  However,  in  that  event,  the 
Commission  may,  on  its  own  initiative  or  at  the  request  of  another  Member  State, 
issue a finding of incompatibility at any time.] 

Article 288 

Binding effect of agreements and concerted practices on non-members in the tobacco 
sector 

Interbranch  organisations  in  the  tobacco  sector  may  request  that  certain  of  their 
agreements  or  concerted  practices  be  made  binding  for  a  limited  period  on 
individuals and groups in the economic sector concerned which are not members of 
the trade branches which they represent, in the areas in which the branches operate. 

In  order  for  their  rules  to  be  extended,  interbranch  organisations  shall  represent  at 
least  two thirds  of  the  production  and/or  the  trade  concerned.  Where  the  proposed 
extension of the rules is of inter-regional scope, the interbranch organisations shall 
prove they possess a minimum degree of representativeness, in respect of each of the 
grouped branches, in each region covered. 

2. 

The rules for which an extension of scope is requested shall have been in force for at 
least one year and shall relate to one of the following objectives: 

(a) 

knowledge of production and the market; 

(b)  definition of minimum qualities; 

(c) 

use of cultivation methods compatible with the protection of the environment; 

(d)  definition of minimum standards of packing and presentation; 

(e) 

use of certified seed and monitoring of product quality. 

3. 

Extension of the rules shall be subject to approval by the Commission by means of 
implementing  acts  without  the  assistance  of  the  Committee  referred  to  in 
Article 323(1). 

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Article 289 

Implementing powers in respect of agreements and concerted practices  

In  order  to  guarantee  a  uniform  application  of  Articles 285,  286,  [287]  and 288,  the 
Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  measures,  including 
the rules concerning notification and publication. 

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CHAPTER II 

State aid rules 

Article 290 

Application of Articles 107, 108 and 109 of the Treaty 

Articles  107,  108  and  109  of  the  Treaty  shall  apply  to  the  production  of,  and  trade  in,  the 
products referred to in Article 1. 

However,  Articles  107,  108  and  109  of  the  Treaty  shall  not  apply  to  payments  made  by 
Member  States  in  conformity  with  this  Regulation  and  provided  for  in  Subsection  III  of 
Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 and Articles 
37  to  41,  108,  111,  114,  117,  120,  123,  128,  148,  291(2),  292  to  297,  and  Section  VII  of 
Chapter IV of Title I of Part II of this Regulation. Nevertheless, with regard to Article 136(4) 
only Article 108 of the Treaty shall not apply. 

Article 291 

Specific provisions for the milk and milk products sector 

1. 

2. 

Subject  to  Article 107(2)  of  the  Treaty,  aids  the  amount  of  which  is  fixed  on  the 
basis  of  the  price  or  quantity  of  products  listed  in  Part XVI  of  Annex I  of  this 
Regulation shall be prohibited. 

National  measures  permitting  equalisation  between  the  prices  of  products  listed  in 
Part XVI of Annex I of this Regulation shall also be prohibited. 

Until 31 March 2014 Member States may grant state aid of a total annual amount of 
up  to  55 %  of  the  ceiling  set  out  in  Article  69(4)  and  (5)  of  Regulation  (EC) 
No 73/2009  to  farmers  in  the  dairy  sector  in  addition  to  Union  support  granted  in 
accordance  with  Article 68(1)(b)  of  that  Regulation.  However,  the  total  amount  of 
Union support under the measures referred to in Article 69(4) of that Regulation and 
State aid shall in no case exceed the ceiling referred to in Article 69(4) and (5). 

Article 292 

Specific provisions for Finland and Sweden 

Subject to Commission authorisation, by means of implementing acts without the assistance 
of  the  Committee  referred  to  in  Article  323(1),  aids  for  the  production  and  marketing  of 
reindeer  and  reindeer  products  (CN  ex  0208  and  ex  0210)  may  be  granted  by  Finland  and 
Sweden insofar as they do not entail any increase in traditional levels of production. 

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Article 293 

Specific provisions for the sugar sector 

Member States which reduce their sugar quota by more than 50 % of the sugar quota fixed on 
20 February 2006 in Annex III to Regulation (EC) No 318/2006 may grant temporary State 
aid  during  the  period  for  which  the  transitional  aid  for  beet  growers  is  being  paid  in 
accordance  with  Article  93  of  Regulation  (EC)  No 73/2009.  The  Commission  shall,  on  the 
basis  of  an  application  by  any  Member  State  concerned,  adopt  a  decision  by  means  of 
implementing acts without the assistance of the Committee referred to in Article 323(1), on 
the total amount of the State aid available for this measure. 

For  Italy,  the  temporary  aid  referred  to  in  the  first  subparagraph  shall  not  exceed  a  total  of 
EUR 11 per marketing year per tonne of sugar beet to be granted to sugar beet growers and 
for the transport of sugar beet. 

Finland may grant aid up to EUR 350 per hectare per marketing year to sugar beet growers. 

The  Member  States  concerned  shall  inform  the  Commission  within  30 days  of  the  end  of 
each marketing year of the amount of State aid actually granted in that marketing year. 

Article 294 

Specific provisions for the German Alcohol Monopoly 

[The  derogation  contained  in  the  second  paragraph  of  Article  290  of  this  Regulation  shall 
apply to aid payments granted by Germany in the existing national framework of the German 
Alcohol Monopoly ("the Monopoly") for products marketed, after further transformation, by 
the  Monopoly,  as  ethyl  alcohol  of  agricultural  origin  listed  in  Annex  I  to  the  Treaty.  That 
derogation  shall  operate  only  until  31  December  2017,  shall  be  without  prejudice  to  the 
application of Article 108(1) and the first sentence of Article 108(3) of the Treaty and shall 
be conditional upon compliance with the following provisions: 

(a) 

(b) 

the  total  production  of  ethyl  alcohol  under  the  Monopoly  benefiting  from  the  aid 
shall gradually decrease from the maximum of 600 000 hl in 2011, to 420 000 hl in 
2012  and  to  240  000  hl  in  2013  and  may  amount  to  a  maximum  of  60  000  hl  per 
year  from  1  January  2014  until  31  December  2017,  on  which  date  the  Monopoly 
shall cease to exist; 

the  production  by  agricultural  bonded  distilleries  benefiting  from  the  aid  shall 
gradually decrease from 540 000 hl in 2011, to 360 000 hl in 2012 and 180 000 hl in 
2013.  By  31  December  2013  all  agricultural  bonded  distilleries  shall  leave  the 
Monopoly. Upon leaving the Monopoly, each agricultural bonded distillery shall be 
allowed  to  receive  a  compensatory  aid  of  EUR 257,50  per  hl  of  nominal  distilling 
rights within the meaning of the applicable German legislation. This compensatory 
aid  may  be  granted  no  later  than  31  December  2013.  It  may,  however,  be  paid  in 
several instalments, of which the last shall be no later than 31 December 2017; 

(c) 

the small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries 
may  benefit  from  the  aid  granted  by  the  Monopoly  until  31 December  2017,  on 

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condition that the production benefiting from the aid does not exceed 60 000 hl per 
year; 

(d) 

(e) 

the  total  amount  of  aid  paid  from  1  January  2011  to  31  December  2013  shall  not 
exceed EUR 269,9 million and the total amount of aid paid from 1 January 2014 to 
31 December 2017 shall not exceed EUR 268 million; and 

before 30 June each year Germany shall submit a report to the Commission on the 
functioning  of  the  Monopoly  and  the  aid  granted  in  the  framework  thereof  in  the 
previous year. The Commission shall forward that report to the European Parliament 
and the Council. Moreover, the annual reports to be submitted in the years 2013 to 
2016 shall include an annual phasing-out plan for the following year concerning the 
small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries.] 

Article 295 

Specific provisions for potatoes 

Member States may continue to pay state aids under any existing schemes in respect of the 
production  of  and  trade  in  potatoes,  fresh  or  chilled,  of  CN  code  0701  until  31 December 
2011. 

Article 296 [To be deleted after 31/12/2010] 

Specific provisions for the fruit and vegetables sector 

With  regard  to  the  fruit  and  vegetables  sector,  Member  States  may  pay  a  state  aid  until 
31 December 2010 under the following conditions: 

(a) 

(b) 

(c) 

the state aid is paid only to producers of fruit and vegetables who are not members 
of  a  recognised  producer  organisation  and  who  sign  a  contract  with  a  recognised 
producer organisation in which they accept that they shall apply the crisis prevention 
and management measures of the producer organisation concerned; 

the amount of aid paid to such producers is no more than 75 % of the Union support 
received by the members of the producer organisation concerned; and 

the Member State concerned  presents a report to the Commission by 31 December 
2010 on the effectiveness and efficiency of the state aid, in particular analysing how 
much it has supported the organisation of the sector. The Commission will examine 
the report and decide whether to make any appropriate proposals. 

Article 297 

National aid for distillation of wine in cases of crisis 

1. 

From 1 August 2012, Member States may grant national aid to wine producers for 
the voluntary or mandatory distillation of wine in justified cases of crisis. 

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2. 

3. 

4. 

5. 

6. 

The aid referred to in paragraph 1 shall be proportionate and allow this crisis to be 
addressed. 

The overall amount of aid available in a Member State in any given year for such aid 
shall not exceed 15 % of the globally available funds per Member State laid down in 
Annex X for that year. 

Member  States  which  wish  to  make  use  of  the  aid  referred  to  in  paragraph  1  shall 
submit a duly substantiated notification to the Commission. The Commission shall, 
by means of implementing acts without the assistance of the Committee referred to 
in Article 323(1), decide whether the measure is approved and aid may be granted. 

The  alcohol  resulting  from  distillation  referred  to  in  paragraph  1  shall  be  used 
exclusively for industrial or energy purposes so as to avoid distortion of competition. 

The Commission may, by means of implementing acts, adopt all necessary measures 
related to this Article. 

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PART V 

SPECIFIC PROVISIONS FOR SEVERAL OR 
INDIVIDUAL SECTORS 

CHAPTER I 

Specific provisions for several sectors 

SECTION I 

DISTURBANCES OF THE MARKETS 

Article 298 

Disturbances as regards internal market prices 

In  order  to  react  efficiently  and  effectively  against  threats  of  market  disturbance,  the 
Commission  may,  by  means  of  delegated  acts  adopted  under  the  urgency  procedure  and 
subject  to  Article  300,  take  the  necessary  measures  in  the  case  of  the  following  situations, 
when those situations are likely to continue, thereby disturbing or threatening to disturb the 
markets: 

(a) 

(b) 

with regard to the products of the sugar, hops, beef and veal, milk and milk products, 
sheepmeat  and  goatmeat  sectors,  where  the  prices  on  the  Union  market  for  any  of 
those products rise or fall significantly; 

with regard to the products of the pigmeat, eggs and poultrymeat sectors and, with 
regard to olive oil, where the prices on the Union market for any of those products 
rise significantly. 

Article 299 

Disturbances caused by quotations or prices on the world market 

In  order  to  react  efficiently  and  effectively  against  threats  of  market  disturbance,  the 
Commission may, where, with regard to the products of the cereals, rice, sugar and milk and 
milk products sectors, the quotations or prices on the world market of one or more products 
reach  a  level  that  disrupts  or  threatens  to  disrupt  the  availability  of  supply  on  the  Union 
market and where that situation is likely to continue or to deteriorate, by means of delegated 
acts  adopted  under  the  urgency  procedure  and  subject  to  Article  300  take  the  necessary 
measures for the sector concerned. It may in particular suspend import duties in whole or in 
part for certain quantities. 

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Article 300 

Conditions for the adoption of delegated acts in cases of disturbances 

The measures provided for in Articles 298 and 299 may be adopted: 

(a) 

(b) 

provided that any other measures available under this Regulation appear insufficient; 

having  regard  to  the  obligations  arising  from  agreements  concluded  in  accordance 
with Article 218(2) of the Treaty. 

Article 301 

Implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  rules  related  to 
Articles  298  and  299.  Those  rules  may,  in  particular,  relate  to  procedures,  notifications, 
technical  criteria  and  administrative  or  physical  checks  to  be  conducted  by  the  Member 
States. 

SECTION II 

REPORTING 

Article 302 

Reporting in respect of certain sectors 

The Commission shall present a report to the European Parliament and to the Council: 

(1) 

(2) 

(3) 

(4) 

every  three  years  and  for  the  first  time  by  31 December  2010[2013]  on  the 
implementation of the measures concerning the apiculture sector set out in Section 
VIII of Chapter IV of Title I of Part II; 

by 31 December 2013 on the implementation of the provisions set out in Section VI 
of  Chapter  IV  of  Title I  of  Part  II  and  Chapter  II  of  Title II  of  Part  II  as  regards 
producer  organisations,  operational  funds  and  operational  programmes  in  the  fruit 
and vegetables sector; 

by  31  August  2012  on  the  application  of  the  School  Fruit  Scheme  provided  for  in 
Article 128, accompanied, if necessary, by appropriate proposals. The report shall in 
particular  address  the  issues  of  the  extent  to  which  the  scheme  has  promoted  the 
establishment  of  well  functioning  School  Fruit  Schemes  in  Member  States  and  the 
impact of the Scheme on the improvement of children’s eating habits; 

by  [31  December  2010  and]  31 December  2012  regarding  the  evolution  of  the 
market  situation  and  the  consequent  conditions  for  smoothly  phasing  out  the  milk 
quota  system,  accompanied  if  necessary  by  appropriate  proposals.  Furthermore,  a 

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(5) 

(6) 

[(7) 

[(8) 

report  shall  study  the  consequences  for  producers  of  cheeses  with  a  protected 
designation of origin in accordance with Regulation (EC) No 510/2006; 

by 31 December 2011 on the implementation of the promotion measures in the wine 
sector referred to in Article 138; 

by 31 December 2012 concerning the wine sector, in particular taking into account 
the experience gained with the implementation of the reform.[;] 

by  31  December  2014  at  the  latest  on  the  application  of  the  scheme  for  food 
distribution  to  the  most  deprived  persons  in  the  Union  provided  for  in  Article  17, 
together with any appropriate proposal.] 

by  30  June  2014  and  by  31  December  2018  on  the  development  of  the  market 
situation in the milk and milk products sector and in particular on the operation of 
point (iv) of the first paragraph of Article 209 and of Articles 210(4), 229, 287, 310 
and  311,  covering  in  particular  potential  incentives  to  encourage  farmers  to  enter 
into joint production agreements together with any appropriate proposals.] 

CHAPTER II 

SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS 

SECTION I 

HOPS 

Article 303 

Registration of contracts in the hops sector 

1. 

2. 

3. 

4. 

Any  contract  to  supply  hops  produced  within  the  Union  concluded  between  a 
producer or producer organisation on the one hand and a buyer on the other shall be 
registered by the bodies designated for that purpose by each producer Member State 
concerned. 

Contracts  relating  to  the  supply  of  specific  quantities  at  agreed  prices  for  a  period 
covering one or more harvests and concluded before 1 August of the year of the first 
harvest concerned shall be known as ‘contracts concluded in advance’. They shall be 
registered separately. 

The  data  on  which  registration  is  based  may  be  used  only  for  the  purposes  of  this 
Regulation. 

The Commission shall, by means of implementing acts, lay down rules concerning 
the registration of contracts to supply hops. 

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SECTION II 

WINE 

Article 304 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

Vineyard register and inventory 

Member  States  shall  maintain  a  vineyard  register  which  contains  updated 
information on the production potential. 

Member  States  in  which  the  total  area  planted  with  vines  of  wine  grape  varieties 
classifiable according to Article 166(2) is less than 500 hectares shall not be subject 
to the obligation laid down in paragraph 1. 

Member  States,  which  provide  for  the  measure  “restructuring  and  conversion  of 
vineyards” in their support programmes in accordance with Article 139, shall, on the 
basis of the vineyard register, submit to the Commission by 1 March each year an 
updated inventory of their production potential. 

Any time after 1 January 2016, the Commission may decide that paragraphs 1, 2 and 
3 no longer apply. 

In order to facilitate the monitoring and the verification of the production potential 
by Member States, the Commission may, by means of delegated acts, adopt rules on 
the scope and content of the vineyard register and exemptions. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  provisions  on 
verification of information. 

Article 305 

Compulsory declarations in the wine sector 

Producers of grapes for wine making and producers of must and wine shall declare 
to the competent national authorities each year the quantities produced from the last 
harvest. 

Member  States  may  require  merchants  of  grapes  for  wine  making  to  declare  each 
year the quantities marketed from the last harvest. 

Producers of must and wine, and merchants other than retailers, shall declare to the 
competent  national  authorities  each  year  their  stocks  of  must  and  wine,  whether 
from the harvest of the current year or from the harvest of preceding years. Must and 
wine imported from third countries shall be stated separately. 

In order to ensure that producers and merchants referred to in paragraphs 1, 2 and 3 
respect  their  obligations,  the  Commission  may,  by  means  of  delegated  acts,  adopt 
rules: 

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(a) 

on the content of compulsory declarations and exemptions; 

(b)  on the content of the declarations referred to in point (a) and the conditions for 
submission,  as  well  as  exemptions  from  the  obligation  to  submit  the 
declarations; 

(c) 

on  penalties  to  be  applied  where  declarations  are  not  submitted  to  Member 
States within due time. 

5. 

The Commission may, by means of implementing acts: 

1. 

2. 

3. 

(a) 

lay  down  conditions  in  relation  to  the  model  forms  to  be  used  for  the 
compulsory declarations; 

(b) 

adopt rules on conversion coefficients for products other than wine; 

(c) 

specify the deadlines for submission of compulsory declarations;  

(d) 

lay  down  rules  on  inspections  and  reporting  by  Member  States  to  the 
Commission. 

Article 306 

Accompanying documents and register in the wine sector 

The products of the wine sector shall be put into circulation within the Union only 
with an officially authorised accompanying document. 

Natural or legal persons or groups of persons who hold products covered by the wine 
sector in the exercise of their trade, in particular producers, bottlers and processors, 
as well as merchants, shall keep inwards and outwards registers in respect of those 
products. 

In  order  to  facilitate  the  transport  of  wine  products  and  verification  thereof  by 
Member States, the Commission may, by means of delegated acts: 

(a) 

(b) 

adopt  rules  on  the  accompanying  document,  when  it  shall  be  used  and 
exemptions to the obligation to use such a document; 

establish  the  conditions  under  which  an  accompanying  document  is  to  be 
regarded  as  certifying  protected  designations  of  origin  or  geographical 
indications; 

(c) 

establish  rules  on  penalties  to  be  applied  in  case  of  non-compliance  with  the 
accompanying documents; 

(d) 

establish an obligation to keep a register; 

(e) 

specify who shall keep a register and exemptions from the obligation to keep a 
register; 

(f) 

indicate the operations to be included in the register; 

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(g) 

establish rules concerning the use of accompanying documents and registers. 

4. 

The Commission may, by means of implementing acts, adopt: 

(a) 

(b) 

rules on the composition of the register, the products to be contained therein, 
deadlines for entries in registers and the closures of registers; 

a  measure  requiring  Member  States  to  determine  the  maximum  acceptable 
percentages for losses; 

(c) 

general and transitional provisions for the keeping of registers; 

(d) 

rules  determining  how  long  accompanying  documents  and  registers  shall  be 
kept; 

(e) 

rules on communications from Member States to the Commission; 

(f) 

rules as regards obvious errors, force majeure and exceptional circumstances. 

Article 307 

Designation of responsible national authorities for the wine sector 

Without  prejudice  to  any  other  provisions  of  this  Regulation  concerning  the 
determination of competent national authorities, Member States shall designate one 
or more authorities which shall be responsible for ensuring compliance with Union 
rules in the wine sector. In particular, Member States shall designate the laboratories 
authorised  to  carry  out  official  analyses  in  the  wine  sector.  The  designated 
laboratories shall meet the general criteria for the operation of testing laboratories set 
out in ISO/IEC 17025. 

Member  States  shall  inform  the  Commission  of  the  names  and  addresses  of  the 
authorities and laboratories referred to in paragraph 1. The Commission shall make 
this information public and update it periodically. 

Article 308 

Notification and evaluation in the wine sector 

As  concerns  unlawful  plantings  planted  after  31  August  1998,  referred  to  in 
Article 82, Member States shall notify the Commission by 1 March each year of the 
areas which were planted with vines without a corresponding planting right after 31 
August 1998, as well as of the areas grubbed up in accordance with paragraph 1 of 
that Article. 

As  concerns  the  obligatory  regularisation  of  unlawful  plantings  planted  before  1 
September  1998  referred  to  in  Article 83,  Member  States  shall  notify  the 
Commission by 1 March of each of the relevant years of: 

1. 

2. 

1. 

2. 

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(a) 

(b) 

the  areas  planted  with  vines  without  a  corresponding  planting  right  before  1 
September 1998; 

the areas regularised in accordance with paragraph 1 of that Article, the fees as 
provided  for  in  that  paragraph  as  well  as  the  average  value  of  the  regional 
planting rights as provided for in paragraph 2 of that Article. 

Member States shall, for the first time by 1 March 2010, notify the Commission of 
the areas grubbed up in accordance with the first subparagraph of Article 83(4). 

The end of the transitional ban on new plantings on 31 December 2015 as provided 
for in Article 89(1), shall not affect the obligations provided for in this paragraph. 

Member States shall submit to  the Commission by 1 March each year, and for the 
first time by 1 March 2010, a report on the implementation of the measures provided 
for in their support programmes referred to in Section VII of Chapter IV of Title I of 
Part II during the previous financial year. 

Those reports shall list and describe the measures for which Union assistance under 
the support programmes was granted and shall, in particular, provide details on the 
implementation of the promotion measures referred to in Article 138. 

Member States shall, by 1 March 2011 and, a second time, by 1 March 2014, submit 
to  the  Commission  an  evaluation  of  the  costs  and  benefits  of  the  support 
programmes as well as an indication of how to increase their efficiency. 

The Commission may, by means of implementing acts, adopt rules on notifications 
and evaluation in order to ensure uniform application of this Article. 

3. 

4. 

5. 

SECTION III 

MILK AND MILK PRODUCTS 

Article 309 

Promotional levy in the milk and milk products sector 

Without prejudice to the application of Articles 107, 108 and 109 of the Treaty as provided 
for  in  the  first  paragraph  of  Article 290  of  this  Regulation,  a  Member  State  may  impose  a 
promotional  levy  on  its  milk  producers  in  respect  of  marketed  quantities  of  milk  or  milk 
equivalent  in  order  to  finance  the  measures  on  promoting  consumption  in  the  Union, 
expanding the markets for milk and milk products and improving quality. 

[Article 310 

Compulsory declarations in the milk and milk products sector 

1. 

Processors of raw milk shall declare to the competent national authority the quantity 
of raw milk that has been delivered to them each month. 

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2. 

1. 

In  order  to  ensure  the  usefulness  and  timeliness  of  such  declarations  for  market 
management  purposes,  the  Commission  may,  by  means  of  delegated  acts,  adopt 
rules on the scope, content, format and timing of such declarations. 

Article 311 

Contractual relations in the milk and milk products sector 

If a Member State decides that every delivery of raw milk by a farmer to a processor 
of raw milk must be covered by a written contract between the parties, such contract 
shall fulfil the conditions laid down in paragraph 2. 

In  the  case  described  in  the  first  subparagraph,  the  Member  State  concerned  shall 
also decide that if the delivery of raw milk is made through one or more collectors, 
each stage of the delivery must be covered by such a contract between the parties. 
To  this  end,  a  "collector"  means  an  undertaking  which  transports  raw  milk  from  a 
farmer or another collector to a processor of raw milk or another collector, where the 
ownership of the raw milk is transferred in each case. 

2. 

The contract shall: 

(a) 

be concluded in advance of the delivery, 

(b)  be made in writing, and 

(c) 

include, in particular, the following elements: 

(i) 

the price payable for the delivery, which shall: 

– 

– 

be static and be set out in the contract, and/or 

vary only on factors which are set out in the contract, in particular 
the  development  of  the  market  situation  based  on  market 
indicators, the volume delivered and the quality or composition of 
the raw milk delivered, 

(ii) 

the  volume  which  may  and/or  shall  be  delivered  and  the  timing  of 
deliveries, and 

(iii) 

the  duration  of  the  contract,  which  may  include  an  indefinite  duration 
with termination clauses. 

3. 

4. 

By way of derogation from paragraph 1, a contract shall not be required where raw 
milk is delivered by a farmer to a processor of raw milk where the processor is a co-
operative of which the farmer is a member if its statutes contain provisions having 
similar effects as those set out in points (a), (b) and (c) of paragraph 2. 

All  elements  of  contracts  for  the  delivery  of  raw  milk  concluded  by  farmers, 
collectors  or  processors  of  raw  milk,  including  those  elements  referred  to  in 
paragraph 2(c), shall be freely negotiated between the parties. 

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5. 

In order to guarantee a uniform application of this Article, the Commission may, by 
means of implementing acts, adopt all necessary measures.] 

SECTION IV 

ETHYL ALCOHOL 

Article 312 

Notifications in the ethyl alcohol sector 

1. 

As regards the products of the ethyl alcohol sector, the Member States shall notify 
the Commission of the following information: 

(a) 

(b) 

(c) 

the production of ethyl alcohol of agricultural origin expressed as hectolitres of 
pure alcohol, broken down by alcohol-producing product used; 

the  volume  of  ethyl  alcohol  of  agricultural  origin  disposed  of,  expressed  as 
hectolitres of pure alcohol, broken down by sector of destination; 

the stocks of ethyl alcohol of agricultural origin available in the Member State 
at the end of the previous year; 

(d) 

forecast production for the current year. 

Rules for notifying this information and, in particular, the frequency of notification 
and the definition of the sectors of destination shall be adopted by the Commission 
by means of implementing acts. 

2. 

On  the  basis  of  the  information  referred  to  in  paragraph 1  and  of  any  other 
information available, the Commission shall, by means of implementing acts without 
the  assistance  of  the  Committee  referred  to  in  Article 323(1),  draw  up  a  Union 
balance  for  the  market  in  ethyl  alcohol  of  agricultural  origin  for  the  previous  year 
and an estimated balance for the current year. 

The  Union  balance  shall  also  contain  information  on  ethyl  alcohol  of  non-
agricultural  origin.  The  precise  content  and  means  of  collecting  such  information 
shall be laid down by the Commission by means of implementing acts. 

For  the  purposes  of  this  paragraph,  ‘ethyl  alcohol  of  non-agricultural  origin’  shall 
mean  products  falling  within  CN  codes  2207,  2208  90  91  and  2208  90  99  not 
obtained from a specific agricultural product listed in Annex I to the Treaty. 

3. 

The  Commission  shall  notify  the  Member  States  of  the  balances  referred  to  in 
paragraph 2. 

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PART VI 

GENERAL PROVISIONS 

Article 313 

Financial provisions 

Regulation  (EC)  No 1290/2005  and  the  provisions  adopted  for  the  application  thereof  shall 
apply to the expenditure incurred by the Member States in carrying out obligations under this 
Regulation. 

Article 314 

Transfer of amounts available in the wine sector to rural development 

1. 

The amounts fixed in paragraph 2, based on historical expenditure under Regulation 
(EC)  No  1493/1999  for  intervention  measures  to  regulate  agricultural  markets  as 
referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be available as 
additional Union funds  for  measures  in  wine-producing  regions  under  the  rural 
development programming financed under Regulation (EC) No 1698/2005. 

2. 

The following amounts shall be available in the given calendar years: 

– 

– 

2010: EUR 82 110 000, 

from 2011 onwards: EUR 122 610 000. 

3. 

4. 

1. 

2. 

The  amounts  set  in  paragraph  2  shall  be  allocated  among  Member  States  in 
accordance with Annex XIX. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  all  necessary  rules 
related to this Article. 

Article 315 

Measures to resolve specific practical problems 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  the  measures  which 
are  both  necessary  and  justifiable  in  an  emergency,  in  order  to  resolve  specific 
practical problems. Such measures may derogate from provisions of this Regulation, 
but only to the extent that, and for such a period, as is strictly necessary. 

Where it is necessary, in order to resolve the problem in question, the Commission 
shall act in accordance with Article 323(2). 

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Article 316 

Exchange of information  

1. 

Member  States  and  the  Commission  shall  notify  each  other  of  any  information 
necessary  for  the  application  of  this  Regulation  or  for  market  monitoring  and 
analysis  and  for  complying  with  the  international  obligations  concerning  the 
products  referred  to  in  Article 1.  That  information  may,  where  appropriate,  be 
transmitted or made available to the competent authorities of third countries and may 
be made public.  

2. 

In order to make notifications referred to in paragraph 1 fast, efficient, accurate, and 
cost effective, the Commission shall, by means of delegated acts, lay down: 

(a) 

the nature and type of the information to be notified;  

(b) 

the methods of notification; 

(c) 

the rules related to the access rights to the information or information systems 
made available; 

(d) 

the conditions and means of publication of the information. 

3. 

The Commission shall, by means of implementing acts, adopt: 

(a) 

(b) 

(c) 

rules  on  providing  the  information  as  necessary  for  the  application  of  this 
Article;  

arrangements for the management of the information to be notified, as well as 
rules on content, form, timing, frequency and deadlines of the notifications; 

arrangements for transmitting or making information and documents available 
to  the  Member  States,  the  competent  authorities  in  third  countries,  or  the 
public. 

Article 317 

Circumvention clause 

Without  prejudice  to  any  specific  provisions,  no  advantage  provided  for  under  this 
Regulation  shall  be  granted  in  favour  of  a  natural  or  legal  person  in  respect  of  whom  it  is 
established  that  the  conditions  required  for  obtaining  such  advantages  were  created 
artificially, contrary to the objectives of this Regulation. 

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Article 318 

Checks and verifications, administrative measures, administrative penalties and their 
reporting 

1. 

In  order  to  strike  a  balance  between  a  deterrent  effect  of  charges,  sanctions  and 
penalties  to  be  imposed  for  non-compliance  with  any  of  the  obligations  resulting 
from the application of this Regulation on the one hand, and a flexible application of 
the  system  on  the  other  hand,  the  Commission  shall,  by  means  of  delegated  acts, 
adopt the rules and conditions relating to the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

the exclusion and suspension of payment or a reduction rate of aids, payments 
or  refunds,  in  particular  in  case  time  limits  have  not  been  respected,  the 
product,  size  or  quantity  is  not  in  conformity  with  the  application,  the 
evaluation of a scheme or the notification of information did not take place, is 
incorrect or is not notified on time; 

the  reduction  of  the  payment  to  the  Member  States  concerning  their 
agricultural expenditure in case the time limits established for the recovery of 
the contribution to payment of surplus levy have not been met, or suspension 
of monthly payments in case Member States fail to send or to send in time, or 
send incorrect information to the Commission; 

the  standard  amounts  an  offerer  or  tenderer  has  to  pay  when  intervention 
products do not meet the quality requirements; 

the partial or total recovery of payments in case an approval or a recognition 
plan has been suspended or withdrawn or in case of undue payment; 

the  extra  amount,  additional  charges  or  interest  rate  to  be  applied  in  case  of 
fraud,  irregularity,  absence  of  proof  that  an  obligation  has  been  fulfilled  or 
over-time declarations; 

(f) 

the grubbing up of vineyards used illegally; 

(g) 

(h) 

(i) 

(j) 

the rate of reduction to be applied on release of securities for refunds, licences, 
offers,  tenders  or  specific  applications  when  an  obligation  covered  by  that 
security has partially or totally not been met; 

the  retention  by  Member  States  of  the  amounts  recovered  as  sanctions  and 
penalties or their assignment to the budget of the Union; 

the  exclusion  of  an  operator  or  an  applicant  from  public  intervention  and 
private  storage,  from  the  licence  application  system  or  from  the  tariff  quota 
systems in case of fraud or submission of incorrect information; 

the  withdrawal  or  suspension  of  an  approval  or  a  recognition,  in  particular 
when  an  operator,  producer  organisation,  association  of  producer 
organisations,  producer  group  or  inter-branch  organisation  fails  to  respect  or 
no 
to  make 
notifications; 

the  conditions  required, 

including  failure 

longer  meets 

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(k) 

the  application  of  appropriate  national  penalties  on  operators  involved  in  the 
procedure of production in excess of quotas. 

The charges and administrative sanctions and penalties provided for pursuant to the 
first subparagraph shall be graduated according to the severity, extent, permanence 
and repetition of the non-compliance found. 

2. 

The Commission shall, by means of implementing acts, adopt the following: 

(a) 

(b) 

the rules concerning administrative and physical checks to be conducted by the 
Member  States  with  regard  to  the  respect  of  obligations  resulting  from  the 
application of this Regulation; 

the procedures and technical criteria related to the administrative measures and 
administrative penalties referred to in paragraph 1 where non-compliance with 
any  of  the  obligations  resulting  from  the  application  of  this  Regulation  is 
found; 

(c) 

the  procedures  and  criteria  related  to  the  recovery  of  undue  payments  as 
regards the implementation of the rules and conditions referred to in point (d) 
of paragraph 1; 

(d) 

the  rules  and  methods on  the  reporting of  the  checks and  verification carried 
out and their results; 

(e)  where the specific needs for proper management of the system so require, rules 
introducing  additional  requirements  with  respect  to  customs  procedures,  in 
particular  as  laid  down  in  Regulation  (EC)  No 450/2008  of  the  European 
Parliament and of the Council45. 

3. 

The  Commission  may,  by  means  of  implementing  acts,  determine  the  rules  on  the 
measurement  of  areas  in  the  wine  sector  ensuring  uniform  application  of  the 
provisions of this Regulation. Such rules may, in particular, relate to verification and 
rules governing the specific financial procedures for the improvement of checks. 

Article 319 

Compatibility with the integrated administration and control system 

For the purposes of applying this Regulation in the wine sector, Member States shall ensure 
that  the  administration  and  control  procedures,  referred  to  in  Article  318,  which  relate  to 
areas, are compatible with the integrated administration control system (IACS) as regards the 
following elements: 

(a) 

the computerised database; 

(b) 

the  identification  systems  for  agricultural  parcels  referred  to  in  Article  17  of 
Regulation (EC) No 73/2009; 

45 

OJ L 145, 4.6.2008, p. 1. 

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(c) 

the administrative checks. 

The procedures shall allow, without any problems or conflicts, a common functioning or the 
exchange of data with the IACS. 

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PART VII 

DELEGATIONS OF POWER, IMPLEMENTING 
PROVISIONS, TRANSITIONAL AND FINAL RULES 

CHAPTER I 

Delegations of power and implementing provisions 

Article 320 

Commission powers 

Save  as  otherwise  explicitly  provided  for  in  this  Regulation,  where  powers  are  conferred 
upon the Commission, it shall act: 

– 

– 

– 

in  accordance  with  the  procedure  referred  to  in  Article  321  in  the  case  of 
delegated acts; 

in  accordance  with  the  procedure  referred  to  in  Articles  321  and  322  in  the 
case of delegated acts adopted under the urgency procedure; and  

in  accordance  with  the  procedure  referred  to  in  Article  323  in  the  case  of 
implementing acts. 

Article 321 

Delegated acts 

1. 

2. 

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. 

The delegation of power referred to in paragraph 1 may be revoked 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. 

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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 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  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 322 

Urgency procedure 

1. 

2. 

1. 

2. 

Delegated  acts  adopted  under  this  Article  shall  enter  into  force  without  delay  and 
shall apply as long as no objection is expressed in accordance with paragraph 2. The 
notification of a delegated act adopted under this Article to the European Parliament 
and to the Council shall state the reasons for the use of the urgency procedure. 

The European Parliament or the Council may object to a delegated act adopted under 
this Article in accordance with the procedure referred to in Article 321(3). In such a 
case, the act shall cease to apply. The institution which objects to such a delegated 
act shall state its reasons.  

Article 323 

Implementing acts Committee 

[Where implementing acts are adopted pursuant to this Regulation, the Commission 
shall be assisted by the Committee for the Common Organisation of the Agricultural 
Markets  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.] 

In  the  cases  of  urgency  provided  for  in  Articles  265,  266,  282  and  315(2)  of  this 
Regulation,  the  procedure  provided  for  in  Article  [6]  of  Regulation  (EU)  No 
[xxxx/yyyy] shall apply. 

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Article 324 

Organisation of the Committee 

The  organisation  of  the  meetings  of  the  Committee  referred  to  in  Article 323(1)  shall  take 
into account, in particular, the scope of its responsibilities, the specificities of the subject to 
be dealt with, and the need to involve appropriate expertise. 

CHAPTER II 

Transitional and final provisions 

Article 325 

Repeals 

1. 

2. 

Regulation (EEC) No 922/72 is repealed. 

Regulation (EC) No 1234/2007 is repealed.  

However, 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 Article 326 of this Regulation. 

Furthermore: 

– 

– 

– 

Articles  85o  to  85x  of  Regulation  (EC) No  1234/2007,  as  well as  Annex  Xd 
and  Xe  to  that  Regulation,  for  the  purpose  of  applying  those  Articles,  shall 
continue to apply until the end of the wine year 2010/2011; 

Articles 84a, 86 to 95a, 188a(3) and 188a(4) of Regulation (EC) No 1234/2007 
as well as Annexes Xa, and XI to that Regulation, for the purpose of applying 
those  Articles,  shall  continue  to  apply  until  the  end  of  the  2011/2012 
marketing year for the products concerned; 

Articles  103w,  103x  and  103y  of  Regulation  (EC)  No  1234/2007  as  well  as 
Annex  XVa  to  that  Regulation,  for  the  purposes  of  applying  those  Articles, 
shall continue to apply until 31 July 2012. 

3. 

References to Regulation (EC) No 1234/2007 shall be construed as references to this 
Regulation and be read in accordance with the correlation table set out in Annex XX 
to this Regulation. 

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Article 326 

Date of application of marketing rules 

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 second  subparagraph  of  Article  325(2) of 
this Regulation 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 Section I of Chapter I of Title II of Part II of this Regulation. 

Article 327 

Transitional rules in the fruit and vegetables and the processed fruit and vegetables sectors 

1. 

2. 

This  Regulation  shall  not  affect  the  recognition  of  producer  groups,  producer 
organisations  and  associations  of  producer  organisations  granted  before  the  entry 
into  force  of  this Regulation,  nor  shall  it  have  any  impact  on  pending  recognition 
plans or operational programmes.  

In  order  to  ensure  that  all  arrangements  provided  for  in  Regulation  (EC)  No 
1234/2007 are maintained, the Commission may adopt transitional rules by means of 
delegated acts. 

Article 328 

Transitional rules in the wine sector 

In  order  to  ensure  that  economic  operators  are  not  prejudiced  by  the  entry  into  force  of 
this Regulation,  the  Commission  may,  by  means  of  delegated  acts, adopt  the  measures 
required  to  facilitate  the  transition  from  the arrangements  provided  for in  Regulations  (EC) 
No 1493/1999 and (EC) No 479/2008 to those laid down in this Regulation. 

Article 329 

Entry into force 

1. 

2. 

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 159 shall apply from […./one year after the entry into force]]. 

As  regards  the  sugar  sector,  Title  I  of  Part  II  shall  apply  until  the  end  of  the 
marketing year 2014/2015 for sugar. 

The  provisions  related  to  the  system  of  milk  production  limitation  established  in 
Chapter III of Title I of Part II shall, in accordance with Article 59, apply until 31 
March 2015. 

EN 

236 

   EN 

 
 
 
 
 
[As  regards  the  milk  and  milk  products  sector,  point  (iv)  of  the  first  paragraph  of 
Article  209  and  Articles  210(4),  229,  287,  310  and  311  shall  apply  until  30  June 
2020.] 

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 

237 

   EN 

 
ANNEX I 

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) 

Part I: Cereals 

As regards cereals, this Regulation shall cover the products listed in the following table: 

CN code 

Description 

(a) 

0709 90 60 

Sweetcorn, fresh or chilled 

0712 90 19 

1001 90 91 

1001 90 99 

1002 00 00 

1003 00 

1004 00 

1005 10 90 

1005 90 00 

1007 00 90 

1008 

1001 10 

1101 00 00 

1102 10 00 

1103 11 

1107 

0714 

(b) 

(c) 

(d) 

Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid 
for sowing 

Common wheat and meslin seed 

Spelt, common wheat and meslin other than for sowing 

Rye 

Barley 

Oats 

Maize (corn) seed other than hybrid 

Maize other than seed 

Grain sorghum, other than hybrids for sowing 

Buckwheat, millet and canary seed; other cereals 

Durum wheat 

Wheat or meslin flour 

Rye flour 

Groats and meal of wheat 

Malt, whether or not roasted 

Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high 
starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; 
sago pith 

ex  1102 

Cereal flours other than of wheat or meslin: 

1102 20 

1102 90 

1102 90 10 

1102 90 30 

1102 90 90 

ex  1103 

ex  1104 

–  Maize (corn) flour 

–  Other: 

–  –  Barley flour 

–  –  Oat flour 

–  –  Other 

Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11), 
groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading 1103 20 50) 

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except 
rice of heading 1006 and flaked rice of subheading 1104 19 91; germ of cereals, whole, rolled, flaked 
or ground 

1106 20 

Flour, meal and powder of sago or of roots or tubers of heading 0714 

ex  1108 

Starches; inulin: 

1108 11 00 

1108 12 00 

1108 13 00 

1108 14 00 

–  Starches: 

–  –  Wheat starch 

–  –  Maize (corn) starch 

–  –  Potato starch 

–  –  Manioc (cassava) starch 

ex  1108 19 

–  –  Other starches: 

1108 19 90 

–  –  –  Other 

EN 

238 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1109 00 00 

Wheat gluten, whether or not dried 

EN 

239 

   EN 

 
 
 
CN code 

1702 

Description 

Other sugars, including chemically  pure lactose, maltose, glucose and fructose, in solid form; sugar 
syrups  not  containing  added  flavouring  or  colouring  matter;  artificial  honey,  whether  or  not  mixed 
with natural honey; caramel: 

ex  1702 30 

–  Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by 

weight of fructose: 

– – Other: 

ex 1702 30 50 

– – – In the form of white crystalline powder, whether or not agglomerated, containing in the dry state 
less than 99 % by weight of glucose 

ex  1702 30 90 

– – – Other, containing in the dry state less than 99 % by weight of glucose 

ex  1702 40 

–  Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of 

fructose, excluding invert sugar: 

1702 40 90 

–  –  Other 

ex  1702 90 

–  Other,  including  invert  sugar  and  other  sugar  and  sugar  syrup  blends  containing  in  the  dry  state 

50 % by weight of fructose: 

1702 90 50 

–  –  Maltodextrine and maltodextrine syrup 

–  –  Caramel: 

–  –  –  Other: 

1702 90 75 

1702 90 79 

2106 

–  –  –  –  In the form of powder, whether or not agglomerated 

–  –  –  –  Other 

Food preparations not elsewhere specified or included: 

ex  2106 90 

–  Other 

–  –  Flavoured or coloured sugar syrups: 

–  –  –  Other 

2106 90 55 

–  –  –  –  Glucose syrup and maltodextrine syrup 

ex  2302 

ex  2303 

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling 
or other working of cereals 

Residues  of  starch  manufacture  and  similar  residues,  beet-pulp,  bagasse  and  other  waste  of  sugar 
manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: 

2303 10 

–  Residues of starch manufacture and similar residues 

2303 30 00 

–  Brewing or distilling dregs and waste 

ex  2306 

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the 
extraction of vegetables fats or oils, other than those of headings 2304 and 2305: 

–  Other 

2306 90 05 

–  –  Of maize (corn) germ 

ex  2308 

Vegetable  materials  and  vegetable waste,  vegetable  residues  and  by-products,  whether  or  not  in  the 
form of pellets, of a kind used in animal feeding, not elsewhere specified or included: 

2308 00 40 

–  Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes 

2309 

Preparations of a kind used in animal feeding: 

ex  2309 10 

–  Dog or cat food, put up for retail sale: 

– – Containing  starch,  glucose,  glucose  syrup,  maltodextrine  or  maltodextrine  syrup  of  subheadings 

1702 30 50, 1702 30 90, 

1702 40 90, 1702 90 50 and 2106 90 55 or milk products 

2309 10 11 
2309 10 13 
230910 31 
2309 10 33 
2309 10 51 
2309 10 53 

EN 

240 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

ex  2309 90 

– Other: 

2309 90 20 

–  – Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature 

–  – Other, including premixes: 

–  – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 

1702 30 50, 1702 30 90,  1702 40 90, 1702 90 50 and 2106 90 55 or milk products: 

2309 90 31 
2309 90 33 
2309 90 41 
2309 90 43 
2309 90 51 
2309 90 53 

(1)  For  the  purposes  of  this  subheading  'milk  products'  means  products  falling  within  headings 0401  to  0406  as  well  as  subheadings

1702 11, 1702 19 and 2106 90 51. 

As regards rice, this Regulation shall cover the products listed in the following table: 

Part II: Rice 

(a) 

(b) 

(c) 

CN code 

1006 10 21 to 
1006 10 98 

1006 20 

1006 30 

1006 40 00 

1102 90 50 

1103 19 50 

1103 20 50 

1104 19 91 

Rice in the husk (paddy or rough), other than for sowing 

Description 

Husked (brown) rice 

Semi-milled or wholly milled rice, whether or not polished or glazed 

Broken rice 

Rice flour 

Rice groats and meal 

Pellets of rice 

Flaked grains of rice 

ex  1104 19 99 

Rolled grains of rice 

1108 19 10 

Rice starch 

EN 

241 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards sugar, this Regulation shall cover the products listed in the following table: 

Part III: Sugar 

CN code 

(a) 

1212 91 

1212 99 20 

1701 

1702 20 

Description 

Sugar beet 

Sugar cane 

Cane or beet sugar and chemically pure sucrose, in solid form 

Maple sugar and maple syrup 

1702 60 95 and
1702 90 95 

Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, 
but not including lactose, glucose, maltodextrine and isoglucose 

1702 90 71 

2106 90 59 

1702 30 10 
1702 40 10 
1702 60 10 
1702 90 30 

1702 60 80 
1702 90 80 

1703 

Caramel containing 50 % or more by weight of sucrose in the dry matter 

Flavoured  or  coloured  sugar  syrups,  other  than  isoglucose,  lactose,  glucose  and  maltodextrine 
syrups 

Isoglucose 

Inulin syrup 

Molasses resulting from the extraction or refining of sugar 

2106 90 30 

Flavoured or coloured isoglucose syrups 

2303 20 

Beet pulp, bagasse and other waste of sugar manufacture 

Part IV: Dried fodder 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

As regards dried fodder, this Regulation shall cover the products listed in the following table: 

CN code 

Description 

(a) 

ex 

1214 10 00 

–  Meal and pellets of lucerne artificially heat-dried 

–  Meal and pellets of lucerne otherwise dried and ground 

ex 

1214 90 90 

–  Lucerne,  sainfoin,  clover,  lupins,  vetches  and  similar  fodder  products,  artificially  heat-dried, 

except hay and fodder kale and products containing hay 

–  Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise 

dried and ground 

(b) 

ex 

2309 90 99 

–  Protein concentrates obtained from lucerne juice and grass juice 

–  Dehydrated  products  obtained  exclusively  from  solid  residues  and  juice  resulting  from 

preparation of the abovementioned concentrates 

EN 

242 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part V: Seeds 

As regards seeds, this Regulation shall cover the products listed in the following table 

CN code 

Description 

0712 90 11 

Sweetcorn hybrids: 

–  for sowing 

0713 10 10 

Peas (Pisum sativum): 

–  for sowing 

ex  0713 20 00 

Chickpeas (garbanzos): 

–  for sowing 

ex  0713 31 00 

Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek: 

–  for sowing 

ex  0713 32 00 

Small red (Adzuki) beans (Phaseolus or Vigna angularis): 

0713 33 10 

Kidney beans, including white pea beans (Phaseolus vulgaris): 

–  for sowing 

ex  0713 39 00 

ex  0713 40 00 

–  for sowing 

Other beans: 

–  for sowing 

Lentils: 

–  for sowing 

ex  0713 50 00 

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor): 

ex  0713 90 00 

Other dried leguminous vegetables: 

–  for sowing 

1001 90 10 

–  for sowing 

Spelt: 

–  for sowing 

ex  1005 10 

Hybrid maize (corn) seed 

1006 10 10 

Rice in the husk (paddy or rough): 

1007 00 10 

Grain sorghum hybrids: 

–  for sowing 

–  for sowing 

1201 00 10 

Soya beans, whether or not broken: 

–  for sowing 

1202 10 10 

Groundnuts, not roasted or otherwise cooked, in shell: 

1204 00 10 

Linseed, whether or not broken: 

–  for sowing 

–  for sowing 

1205 10 10 and 

ex  1205 90 00 

Rape or colza seeds, whether or not broken:  

–  for sowing 

1206 00 10 

Sunflower seeds, whether or not broken: 

–  for sowing 

ex  1207 

Other oil seeds and oleaginous fruits, whether or not broken: 

–  for sowing 

1209 

Seeds, fruit and spores, of a kind used: 

–  for sowing 

EN 

243 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Part VI: Hops 

1. 

As regards hops, this Regulation shall cover the products listed in the following table 

1210 

2. 

CN code 

Description 

Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin 

The  rules  of  this  Regulation  on marketing and trade with third countries  shall  also 
apply to the following products: 

CN code 

Description 

1302 13 00 

Vegetable saps and extracts of hops 

Part VII: Olive oil and table olives 

As  regards  olive  oil  and  table  olives,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

(a) 

CN code 

1509 

1510 00 

Description 

Olive oil and its fractions, whether or not refined, but not chemically modified 

Other  oils  and  their  fractions,  obtained  solely  from  olives,  whether  or  not  refined,  but  not 
chemically  modified,  including  blends  of  these  oils  or  fractions  with  oils  or  fractions  of  heading 
1509 

(b) 

0709 90 31 

Olives, fresh or chilled, for uses other than the production of oil 

0709 90 39 

Other olives, fresh or chilled 

0710 80 10 

Olives (uncooked or cooked by steaming or boiling water), frozen 

0711 20 

Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or 
in other preservative solutions), but unsuitable in that state for immediate consumption 

ex  0712 90 90 

Olives dried, whole, cut, sliced, broken or in powder, but not further prepared 

2001 90 65 

Olives prepared or preserved by vinegar or acetic acid 

ex  2004 90 30 

Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen 

2005 70 

Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen 

(c) 

1522 00 31 
1522 00 39 

2306 90 11 
2306 90 19 

Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing 
oil having the characteristics of olive oil 

Oil-cake and other residues resulting from the extractions of olive oil 

Part VIII: Flax and hemp grown for fibre 

As regards flax and hemp grown for fibre, this Regulation shall cover the products listed in 
the following table: 

CN code 

5301 

5302 

Description 

Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) 

True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including 
yarn waste and garnetted stock) 

EN 

244 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part IX: Fruit and vegetables 

As  regards  fruit  and  vegetables,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

Description 

0702 00 00 

Tomatoes, fresh or chilled 

0703 

0704 

0705 

0706 

0707 00 

0708 

ex  0709 

ex  0802 

0803 00 11 

ex  0803 00 90 

0804 20 10 

0804 30 00 

0804 40 00 

0804 50 00 

0805 

0806 10 10 

0807 

0808 

0809 

0810 

0813 50 31 
0813 50 39 

0910 20 

ex  0910 99 

ex  1211 90 85 

1212 99 30 

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled 

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled 

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled 

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled 

Cucumbers and gherkins, fresh or chilled 

Leguminous vegetables, shelled or unshelled, fresh or chilled 

Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 
0709 90 31, 0709 90 39 and 0709 90 60 

Other  nuts,  fresh  or  dried,  whether  or  not  shelled  or  peeled,  excluding  areca  (or  betel)  and  cola  nuts  falling 
within subheading 0802 90 20 

Fresh plantains 

Dried plantains 

Figs, fresh 

Pineapples 

Avocados 

Guavas, mangos and mangosteens 

Citrus fruit, fresh or dried 

Fresh table grapes 

Melons (including watermelons) and papaws (papayas), fresh 

Apples, pears and quinces, fresh 

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh 

Other fruit, fresh 

Mixtures exclusively of nuts of headings 0801 and 0802 

Saffron 

Thyme, fresh or chilled 

Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled 

Locust beans 

Part X: Processed fruit and vegetable products 

As  regards  processed  fruit  and  vegetable  products,  this  Regulation  shall  cover  the  products 
listed in the following table: 

CN Code 

(a) 

ex  0710 

ex  0711 

ex  0712 

Description 

Vegetables  (uncooked  or  cooked  by  steaming  or  boiling  in  water)  frozen,  excluding  sweetcorn  of 
subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus 
Pimenta of subheading 0710 80 59 

Vegetables  provisionally  preserved  (for  example,  by  sulphur  dioxide  gas,  in  brine,  in  sulphur  water  or  in 
other  preservative  solutions),  but  unsuitable  in  that  state  for  immediate  consumption,  excluding  olives  of 
subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and 
sweetcorn of subheading 0711 90 30 

Dried  vegetables,  whole,  cut,  sliced,  broken  or  in  powder,  but  not  further  prepared,  excluding  potatoes 
dehydrated  by  artificial  heat-drying  and  unfit  for  human  consumption  falling  within  subheading 
ex 0712 90 05, sweetcorn falling within the subheadings ex 0712 90 11 and 0712 90 19 and olives falling 

EN 

245 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
within subheading ex 0712 90 90 

0804 20 90 

Dried figs 

0806 20 

Dried grapes 

ex  0811 

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or 
other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95 

EN 

246 

   EN 

 
 
 
 
 
 
CN Code 

ex  0812 

ex  0813 

Description 

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in 
other  preservative  solutions),  but  unsuitable  in  that  state  for  immediate  consumption,  excluding  bananas 
provisionally preserved falling within subheading ex 0812 90 98 

Fruit,  dried,  other  than  that  of  headings  0801  to  0806;  mixtures  of  nuts  or  dried  fruits  of  this  chapter 
excluding  mixtures  exclusively  of  nuts  of  headings  0801  and  0802  falling  within  subheadings  0813 50 31 
and 0813 50 39 

0814 00 00 

Peel  of  citrus  fruit  or  melons  (including  watermelons),  fresh,  frozen,  dried  or  provisionally  preserved  in 
brine, in sulphur water or in other preservative solutions 

0904 20 10 

Dried sweet peppers, neither crushed nor ground 

(b) 

ex  0811 

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other 
sweetening matter 

ex  1302 20 

ex  2001 

Pectic substances and pectinates 

Vegetables,  fruit,  nuts  and  other  edible  parts  of  plants,  prepared  or  preserved  by  vinegar  or  acetic  acid, 
excluding: 

- 

- 

- 

- 

- 

- 

fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 

sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 

yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of 
subheading 2001 90 40 

palm hearts of subheading 2001 90 60 

olives of subheading 2001 90 65 

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97 

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid 

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  frozen,  other  than  the 
products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex 2004 90 10, 
olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes 
of subheading 2004 10 91 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  not  frozen,  other  than 
products of heading 2006 excluding olives of subheading 2005 70, sweetcorn (Zea mays var. saccharata) of 
subheading  2005  80  00  and  fruit  of  the  genus  Capsicum,  other  than  sweet  peppers  or  pimentos  of 
subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 
2005 20 10 

2002 

2003 

ex  2004 

ex  2005 

ex  2006 00 

ex  2007 

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding 
bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99 

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether 
or not containing added sugar or other sweetening matter, excluding: 

- 

- 

homogenised preparations of bananas of subheading ex 2007 10 

jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and 
ex 2007 99 97  

ex  2008 

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added 
sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding: 

- 

- 

peanut butter of subheading 2008 11 10 

palm hearts of subheading 2008 91 00 

-  maize of subheading 2008 99 85 

- 

- 

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of 
subheading 2008 99 91 

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 

-  mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 

2008 92 93 and ex 2008 92 98 

- 

bananas  otherwise  prepared  or  preserved  of  subheadings  ex  2008  99  49,  ex  2008  99  67  and 
ex 2008 99 99 

ex  2009 

Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of 
subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not 
containing added sugar or other sweetening matter 

EN 

247 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XI: Bananas 

As regards bananas, this Regulation shall cover the products listed in the following table: 

CN codes 

Description 

0803 00 19 

ex  0803 00 90 

ex  0812 90 98 

ex  0813 50 99 

1106 30 10 

ex  2006 00 99 

ex  2007 10 99 

ex  2007 99 39 
ex  2007 99 50 
ex  2007 99 97 

ex  2008 92 59 
ex  2008 92 78 
ex  2008 92 93 
ex  2008 92 98 

ex  2008 99 49 
ex  2008 99 67 
ex  2008 99 99 

ex  2009 80 35 
ex  2009 80 38 
ex  2009 80 79 
ex  2009 80 86 
ex  2009 80 89 
ex  2009 80 99 

Fresh bananas, excluding plantains 

Dried bananas, excluding plantains 

Bananas provisionally preserved 

Mixtures containing dried bananas 

Flour, meal and powder of bananas 

Bananas preserved by sugar 

Homogenised preparations of bananas 

Jams, jellies, marmalades, purées and pastes of bananas 

Mixtures containing bananas otherwise prepared or preserved, not containing added spirit 

Bananas otherwise prepared or preserved 

Banana juice 

Part XII: Wine 

As regards wine, this Regulation shall cover the products listed in the following table: 

(a) 

CN code 

2009 61 
2009 69 

2204 30 92 
2204 30 94 
2204 30 96 
2204 30 98 

Grape juice (including grape must) 

Description 

Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the 
addition of alcohol 

(b) 

ex  2204 

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding 
other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98 

(c) 

0806 10 90 

Fresh grapes other than table grapes 

2209 00 11 
2209 00 19 

(d) 

2206 00 10 

2307 00 11 
2307 00 19 

2308 00 11 
2308 00 19 

Wine vinegar 

Piquette 

Wine lees 

Grape marc 

EN 

248 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and 
ornamental foliage 

As regards live trees and other plants, bulbs, roots and the like, cut flowers and ornamental 
foliage, this Regulation shall cover all the products falling within Chapter 6 of the Combined 
Nomenclature. 

Part XIV: Raw tobacco 

As  regards  raw  tobacco,  this  Regulation  shall  cover  raw  or  non-manufactured  tobacco  and 
tobacco refuse falling within CN code 2401. 

Part XV: Beef and veal 

As  regards  beef  and  veal,  this  Regulation  shall  cover  the  products  listed  in  the  following 
table: 

(a) 

CN code 

0102 90 05 to 
0102 90 79 

Live animals of the domestic bovine species, other than pure-bred breeding animals 

Description 

0201 

0202 

0206 10 95 

0206 29 91 

0210 20 

0210 99 51 

0210 99 90 

1602 50 10 

1602 90 61 

Meat of bovine animals, fresh or chilled 

Meat of bovine animals, frozen 

Thick skirt and thin skirt, fresh or chilled 

Thick skirt and thin skirt, frozen 

Meat of bovine animals, salted, in brine, dried or smoked 

Thick skirt and thin skirt, salted, in brine, dried or smoked 

Edible flours and meals of meat or meat offal 

Other  prepared  or  preserved  meat  or  meat offal  of  bovine  animals,  uncooked;  mixtures  of  cooked 
meat or offal and uncooked meat or offal 

Other  prepared  or  preserved  meat  containing  bovine  meat  or  offal,  uncooked;  mixtures  of  cooked 
meat or offal and uncooked meat or offal 

(b) 

0102 10 

Live bovine pure-bred breeding animals 

0206 10 98 

Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the 
manufacture of pharmaceutical products 

0206 21 00 
0206 22 00 
0206 29 99 

0210 9959 

Edible  offal  of  bovine  animals  excluding  thick  skirt  and  thin  skirt,  frozen,  other  than  for  the 
manufacture of pharmaceutical products 

Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin 
skirt 

ex  1502 00 90 

Fats of bovine animals other than those of heading 1503 

1602 50 31 and 
1602 50 95  

1602 90 69 

Other  prepared  or  preserved  meat  or  meat  offal,  of  bovine  animals,  other  than  uncooked  meat  or 
meat offal and mixtures of cooked meat or offal and uncooked meat or offal 

Other  prepared  or  preserved  meat  containing  bovine  meat  or  offal  other  than  uncooked,  and 
mixtures of cooked meat or offal and uncooked meat or offal. 

EN 

249 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XVI: Milk and milk products 

As  regards  milk  and  milk  products,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

(a) 

(b) 

(c) 

CN code 

0401 

0402 

0403 10 11 to 
0403 10 39 
0403 9011 to 
0403 90 69 

Description 

Milk and cream, not concentrated nor containing added sugar or other sweetening matter 

Milk and cream, concentrated or containing added sugar or other sweetening matter 

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, 
whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor 
containing added fruit, nuts or cocoa 

(d) 

0404 

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products 
consisting of natural milk constituents, whether or not containing added sugar or other sweetening 
matter, not elsewhere specified or included 

(e) 

ex  0405 

Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75 % but 
less than 80 % 

(f) 

(g) 

(h) 

(i) 

0406 

1702 19 00 

Cheese and curd 

Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight 
less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter 

2106 90 51 

Flavoured or coloured lactose syrup 

ex  2309 

Preparations of a kind used in animal feeding: 

–  Preparations  and  feedingstuffs  containing  products  to  which  this  Regulation  applies,  directly  or 
by virtue of Regulation (EC) No 1667/2006, except preparations and feedingstuffs falling under 
Part I of this Annex. 

Part XVII: Pigmeat 

As regards pigmeat, this Regulation shall cover the products listed in the following table: 

(a) 

(b) 

CN code 

ex  0103 

ex  0203 

ex  0206 

ex  0209 00 

Live swine, of domestic species, other than pure-bred breeding animals 

Meat of domestic swine, fresh, chilled, or frozen 

Description 

Edible  offal  of  domestic  swine,  other  than  for  the  manufacture  of  pharmaceutical  products,  fresh, 
chilled or frozen 

Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, 
dried or smoked 

ex  0210 

Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked 

1501 00 11 
1501 00 19 

Pig fat (including lard) 

(c) 

1601 00 

Sausages  and  similar  products,  of  meat,  meat  offal  or  blood;  food  preparations  based  on  these 
products 

1602 10 00 

1602 20 90 

1602 41 10 
1602 42 10 
1602 49 11 to 
1602 49 50 

1602 90 10 

1602 90 51 

1902 20 30 

Homogenised preparations of meat, meat offal or blood 

Preparations or preserves of liver of any animal, other than goose or duck 

Other preparations and preserves containing meat or offal of domestic swine 

Preparations of blood of any animal 

Other preparations or preserves containing meat or meat offal of domestic swine 

Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20 % by weight of 
sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin 

EN 

250 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XVIII: Sheepmeat and goatmeat 

As  regards  sheepmeat  and  goatmeat,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

Description 

(a) 

0104 10 30 

Lambs (up to one year old) 

0104 10 80 

Live sheep other than pure-bred breeding animals and lambs 

0104 20 90 

Live goats other than pure-bred breeding animals 

0204 

Meat of sheep or goats, fresh, chilled or frozen 

0210 99 21 

Meat of sheep and goats, with bone in, salted, in brine, dried or smoked 

0210 99 29 

Meat of sheep and goats, boneless, salted, in brine, dried or smoked 

(b) 

0104 10 10 

Live sheep — pure-bred breeding animals 

0104 20 10 

Live goats — pure-bred breeding animals 

0206 80 99 

Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical 
products 

0206 90 99 

Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products 

0210 99 60 

Edible offal of sheep and goats, salted, in brine, dried or smoked 

ex  1502 00 90 

Fats of sheep or goats, other than those of 1503 

1602 90 72 

Other prepared or preserved meat or meat offal of sheep or goats, uncooked; 

1602 90 74 

mixtures of cooked and uncooked meat or offal 

1602 90 76 
1602 90 78 

Other prepared or preserved meat or meat offal of sheep or goats, other than uncooked or mixtures 
of cooked and uncooked meat or offal 

(c) 

(d) 

Part XIX: Eggs 

As regards eggs, this Regulation shall cover the products listed in the following table: 

(a) 

(b) 

CN code 

0407 00 11 
0407 00 19 
0407 00 30 

0408 11 80 
0408 19 81 
0408 19 89 
0408 91 80 
0408 99 80 

Poultry eggs, in shell, fresh, preserved or cooked 

Description 

Bird's  eggs,  not  in  shell,  and  egg  yolks,  fresh,  dried,  cooked  by  steaming  or  by  boiling  in  water, 
moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening 
matter, other than unfit for human consumption 

EN 

251 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
As regards poultrymeat, this Regulation shall cover the products listed in the following table: 

Part XX: Poultrymeat 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

CN code 

0105 

ex  0207 

0207 13 91 

0207 14 91 

0207 26 91 

0207 27 91 

0207 34 

0207 35 91 

0207 36 81 

0207 36 85 

0207 36 89 

0210 99 71 

0210 99 79 

0209 00 90 

1501 00 90 

Description 

Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls 

Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within 
point (c) 

Poultry livers, fresh, chilled or frozen 

Poultry livers, salted, in brine, dried or smoked 

Poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked 

Poultry fat 

1602 20 10  

Goose or duck livers, otherwise prepared or preserved 

1602 31 

1602 32 

1602 39 

Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved 

CN code 

Description 

ex  0101 

Live horses, asses, mules and hinnies: 

Part XXI: Other products 

0101 10 

0101 10 10 

0101 10 90 

0101 90 

0101 90 19 

0101 90 30 

0101 90 90 

ex  0102 

ex  0102 90 

0102 90 90 

ex  0103 

0103 10 00 

ex  0103 91 

0103 91 90 

ex  0103 92 

–  Pure-bred breeding animals: 
–  –  Horses (a) 

–  –  Other 

–  Other: 

–  –  Horses: 

–  –  –  Other than for slaughter 

–  –  Asses 

–  –  Mules and hinnies 

Live bovine animals: 

–  Other than pure-bred breeding animals: 

–  –  Other than domestic species 

Live swine: 
–  Pure-bred breeding animals (b) 

–  Other: 

–  –  Weighing less than 50 kg: 

–  –  –  Other than domestic species 

–  –  Weighing 50 kg or more 

EN 

252 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

0103 92 90 

–  –  Other than domestic species 

0106 

ex  0203 

ex  0203 11 

0203 11 90 

ex  0203 12 

0203 12 90 

ex  0203 19 

0203 19 90 

ex  0203 21 

0203 21 90 

ex  0203 22 

0203 22 90 

ex  0203 29 

0203 29 90 

ex  0205 00 

ex  0206 

ex  0206 10 

0206 10 10 

ex  0206 22 00 

ex  0206 29 

0206 29 10 

ex  0206 30 00 

Other live animals 

Meat of swine, fresh, chilled or frozen: 

–  Fresh or chilled: 

–  –  Carcasses and half-carcasses: 

–  –  –  Other than of domestic swine 

–  –  Hams, shoulders and cuts thereof, with bone in: 

–  –  –  Other than of domestic swine 

–  –  Other: 

–  –  –  Other than of domestic swine 

–  Frozen: 

–  –  Carcasses and half-carcasses: 

–  –  –  Other than of domestic swine 

–  –  Hams, shoulders and cuts thereof, with bone in: 

–  –  –  Other than of domestic swine 

–  –  Other: 

–  –  –  Other than of domestic swine 

Meat of asses, mules or hinnies, fresh, chilled or frozen: 

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or 
frozen: 

–  Of bovine animals, fresh or chilled 
–  –  For the manufacture of pharmaceutical products (c) 

–  Of bovine animals, frozen: 

–  –  Livers: 
–  –  –  For the manufacture of pharmaceutical products (c) 

–  –  Other: 
–  –  –  For the manufacture of pharmaceutical products (c) 

–  Of swine, fresh or chilled: 
–  –  For the manufacture of pharmaceutical products (c) 

–  –  Other: 

–  –  –  other than of domestic swine 

–  Of swine, frozen: 

ex  0206 41 00 

–  –  Livers: 
–  –  –  For the manufacture of pharmaceutical products (c) 

ex 0206 49 00 

– – Other: 

–  –  –  Other: 

–  –  –  –  other than of domestic swine 

–  –  –  Of domestic swine: 
–  –  –  –  For the manufacture of pharmaceutical products (c) 

–  –  –  Other 

–  Other, fresh or chilled: 
–  –  For the manufacture of pharmaceutical products (c) 

–  –  Other: 

–  –  –  Of horses, asses, mules and hinnies 

–  Other, frozen: 
–  –  For the manufacture of pharmaceutical products (c) 

–  –  Other: 

–  –  –  Of horses, asses, mules and hinnies 

Other meat and edible meat offal, fresh, chilled or frozen 

ex  0206 80 

0206 80 10 

0206 80 91 

ex  0206 90 

0206 90 10 

0206 90 91 

0208 

EN 

253 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
 
 
 
 
CN code 

ex  0210 

Meat  and  edible  meat  offal,  salted,  in  brine,  dried  or  smoked;  edible  flours  and  meals  of  meat  or  meat 
offal: 

Description 

ex  0210 11 

0210 11 90 

ex  0210 12 

0210 12 90 

ex  0210 19 

0210 19 90 

0210 91 00 

0210 92 00 

0210 93 00 

ex  0210 99 

0210 99 31 

0210 99 39 

0210 99 80 

ex  0407 00 

0407 00 90 

ex  0408 

ex  0408 11 

0408 11 20 

ex  0408 19 

0408 19 20 

ex  0408 91 

0408 91 20 

ex  0408 99 

0408 99 20 

0410 00 00 

0504 00 00 

ex  0511 

0511 10 00 

ex  0511 99 

0511 99 85 

ex  0709 

ex  0709 60 

0709 60 91 

0709 60 95 

0709 60 99 

–  Meat of swine: 

–  –  Hams, shoulders and cuts thereof, with bone in: 

–  –  –  Other than of domestic swine 

–  –  Bellies (streaky) and cuts thereof: 

–  –  –  Other than of domestic swine 

–  –  Other: 

–  –  –  Other than of domestic swine 

–  Other, including edible flours and meals of meat or meat offal: 

–  –  Of primates 

–  –  Of  whales,  dolphins  and  porpoises  (mammals  of  the  order  Cetacea);  of  manatees  and  dugongs 

(mammals of the order Sirenia) 

–  –  Of reptiles (including snakes and turtles) 

–  –  Other: 

–  –  –  Meat: 

–  –  –  –  Of reindeer 

–  –  –  –  Other 

–  –  –  Offal: 

–  –  –  –  Other than of domestic swine, bovine animals, sheep and goats 

– – – – – Other than poultry livers 

Birds' eggs, in shell, fresh, preserved or cooked: 

–  Other than of poultry 

Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, 
frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: 

–  Egg yolks: 

–  –  Dried: 
–  –  –  Unfit for human consumption (d) 

–  –  Other: 
–  –  –  Unfit for human consumption (d) 

–  Other: 

–  –  Dried: 
–  –  –  Unfit for human consumption (d) 

–  –  Other: 
–  –  –  Unfit for human consumption (d) 

Edible products of animal origin, not elsewhere specified or included 

Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, 
salted, in brine, dried or smoked 

Animal  products  not  elsewhere  specified  or  included;  dead  animals  of  Chapter 1  or  3,  unfit  for  human 
consumption: 

–  Bovine semen 

–  Other: 

–  –  Other: 

–  –  –  Other 

Other vegetables, fresh or chilled: 

–  Fruits of the genus Capsicum or of the genus Pimenta: 

–  –  Other: 
–  –  –  –  Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes (c) 
–  –  –  For the industrial manufacture of essential oils or resinoids (c) 

–  –  –  Other 

EN 

254 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
CN code 

Description 

ex  0710 

ex  0710 80 

0710 80 59 

ex  0711 

Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 

–  Other vegetables: 

–  –  Fruits of the genus Capsicum or of the genus Pimenta: 

–  –  –  Other than sweet peppers 

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in 
other preservative solutions), but unsuitable in that state for immediate consumption: 

ex  0711 90 

–  Other vegetables; mixtures of vegetables: 

–  –  Vegetables: 

0711 90 10 

ex  0713 

ex  0713 10 

0713 10 90 

ex  0713 20 00 

–  –  –  –  Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers 

Dried leguminous vegetables, shelled, whether or not skinned or split: 

–  Peas (Pisum sativum): 

–  –  Other than for sowing 

–  Chickpeas (garbanzos): 

–  –  Other than for sowing 

–  Beans (Vigna spp., Phaseolus spp.): 

ex  0713 31 00 

–  –  Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek: 

ex  0713 32 00 

–  –  Small red (Adzuki) beans (Phaseolus or Vigna angularis): 

–  –  –  Other than for sowing 

ex  0713 33 

0713 33 90 

ex  0713 39 00 

–  –  –  Other than for sowing 

–  –  Kidney beans, including white pea beans (Phaseolus vulgaris): 

–  –  –  Other than for sowing 

–  –  Other: 

–  –  –  Other than for sowing 

ex  0713 40 00 

–  Lentils: 

–  –  Other than for sowing 

ex  0713 50 00 

–  Broad  beans  (Vicia  faba  var.  major)  and  horse  beans  (Vicia  faba  var.  equina  and  Vicia  faba  var. 

minor): 

–  –  Other than for sowing 

ex  0713 90 00 

–  Other: 

–  –  Other than for sowing 

0801 

ex  0802 

ex  0802 90 

ex  0802 90 20 

ex  0804 

0804 10 00 

0902 

ex  0904 

0905 00 00 

0906 

0907 00 00 

0908 

0909 

ex  0910 

ex  1106 

1106 10 00 

ex  1106 30 

1106 30 90 

Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled 

Other nuts, fresh or dried, whether or not shelled or peeled: 

–  Other: 

–  –  Areca (or betel) and cola 

Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: 

–  Dates 

Tea, whether or not flavoured 

Pepper  of  the  genus  Piper;  dried  or  crushed  or  ground  fruits  of  the  genus  Capsicum  or  of  the  genus 
Pimenta, excluding sweet peppers falling within subheading 0904 20 10 

Vanilla 

Cinnamon and cinnamon-tree flowers 

Cloves (whole fruit, cloves and stems) 

Nutmeg, mace and cardamoms 

Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries 

Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron 

Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers 
of heading 0714 or of the products of Chapter 8: 

–  Of the dried leguminous vegetables of heading 0713 

–  Of the products of Chapter 8: 

–  –  Other than bananas 

EN 

255 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex  1108 

1108 20 00 

1201 00 90 

1202 10 90 

1202 20 00 

1203 00 00 

1204 00 90 

1205 10 90 and 

ex  1205 90 00 

1206 00 91 

1206 00 99 

1207 20 90 

1207 40 90 

1207 50 90 

1207 91 90 

1207 99 91 

Starches; inulin: 

–  Inulin 

Description 

Soya beans, whether or not broken, other than for sowing 

Groundnuts, not roasted or otherwise cooked, in shell, other than for sowing 

Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken 

Copra 

Linseed, whether or not broken, other than for sowing 

Rape or colza seeds, whether or not broken, other than for sowing 

Sunflower seeds, whether or not broken, other than for sowing 

Cotton seeds, whether or not broken, other than for sowing 

Sesamum seeds, whether or not broken, other than for sowing 

Mustard seeds, whether or not broken, other than for sowing 

Poppy seeds, whether or not broken, other than for sowing 

Hemp seeds, whether or not broken, other than for sowing 

ex  1207 99 97 

Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing 

1208 

1211 

ex  1212 

Flours and meals of oil seeds or oleaginous fruits, other than those of mustard 

Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy 
or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered 
excluding the products listed under CN code ex1211 90 85 in Part IX of this Annex; 

Locust  beans,  seaweeds  and  other  algae,  sugar  beet  and  sugar  cane,  fresh,  chilled,  frozen  or  dried, 
whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory 
roots  of  the  variety  Cichorium  intybus  sativum)  of  a  kind  used  primarily  for  human  consumption,  not 
elsewhere specified or included: 

ex  1212 20 00 

–  Seaweeds and other algae used primarily in pharmacy or for human consumption 

ex  1212 99 

1212 99 41 and 
1212 99 49 

ex  1212 99 70 

1213 00 00 

ex  1214 

–  Other: 

–  –  Other than sugar cane : 

–  –  –  Locust bean seeds 

–  –  –  Other, excluding chicory root 

Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets 

Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and 
similar forage products, whether or not in the form of pellets: 

ex  1214 10 00 

–  Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne otherwise 

ex  1214 90 

1214 90 10 

ex  1214 90 90 

ex  1502 00 

ex  1502 00 10 

1503 00 

1504 

1507 

1508 

1511 

1512 

dried and ground 

–  Other: 

–  –  Mangolds, swedes and other fodder roots 

–  –  Other, excluding: 

–  Lucerne,  sainfoin,  clover,  lupines,  vetches  and  similar  fodder  products  artificially  heat-dried,  except 

hay and fodder kale and products containing hay 

–  Lucerne,  sainfoin,  clover,  lupines,  vetches,  honey  lotus,  chickling  pea  and  birdsfoot,  otherwise  dried 

and ground 

Fats of bovine animals, sheep or goats, other than those of heading 1503: 

–  For  industrial  uses  other  than  the  manufacture  of  foodstuffs  for  human  consumption,  excluding  fats 

obtained from bones and waste (c) 

Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared 

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically 
modified 

Soya-bean oil and its fractions, whether or not refined, but not chemically modified 

Groundnut oil and its fractions, whether or not refined, but not chemically modified 

Palm oil and its fractions, whether or not refined, but not chemically modified 

Sunflower-seed,  safflower  or  cotton-seed  oil  and  fractions  thereof,  whether  or  not  refined,  but  not 
chemically modified 

EN 

256 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

1513 

1514 

ex  1515 

ex  1516 

ex  1517 

1518 00 31 
1518 00 39 

1522 00 91 

1522 00 99 

Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not 
chemically modified 

Rape,  colza  or  mustard  oil  and  fractions  thereof,  whether  or  not  refined,  but  not  chemically 
modified 

Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their 
fractions, whether or not refined, but not chemically modified 

Animal  or  vegetable  fats  and  oils  and  their  fractions,  partly  or  wholly  hydrogenated,  inter-
esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding 
hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10) 

Margarine; edible  mixtures or preparations of animal or vegetable fats or oils or of fractions of 
different  fats  or  oils  of  this  chapter,  other  than  edible  fats  or  oils  or  their  fractions  of  heading 
1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93 

Fixed  vegetable oils,  fluid,  mixed  for  technical  or  industrial  uses  other  than  the  manufacture  of 
foodstuffs for human consumption (c) 

Oil  foots  and  dregs;  soapstocks,  resulting  from  the  treatment  of  fatty  substances  or  animal  or 
vegetable waxes, excluding those containing oil having the characteristics of olive oil 

Other  residues  resulting  from  the  treatment  of  fatty  substances  or  animal  or  vegetable  waxes, 
excluding those containing oil having the characteristics of olive oil 

ex  1602 

Other prepared or preserved meat, meat offal or blood: 

ex  1602 41 

1602 41 90 

ex  1602 42 

1602 42 90 

ex  1602 49 

1602 49 90 

ex  1602 90 

1602 90 31 

1602 90 99 

1603 00 

1801 00 00 

1802 00 00 

ex  2001 

ex  2001 90 

2001 90 20 

ex  2005 

ex  2005 99 

2005 99 10 

ex  2206 

2206 00 31 to 
2206 00 89 

ex  2301 

–  Of swine: 

–  –  Hams and cuts thereof: 

–  –  –  Other than of domestic swine 

–  –  Shoulders and cuts thereof: 

–  –  –  Other than of domestic swine 

–  –  Other, including mixtures: 

–  –  –  Other than of domestic swine 

–  Other, including preparations of blood of any animal: 

–  –  Other than preparations of blood of any animal: 

–  –  –  Of game or rabbit 
–  –  – Other: 
–  –  –  – Other than containing the meat or meat offal of domestic swine: 

–  –  –  –  – Other than containing bovine meat or offal: 

–  –  –  –  –  –  Other than of sheep or goats 

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates 

Cocoa beans, whole or broken, raw or roasted 

Cocoa shells, husks, skins and other cocoa waste 

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic 
acid: 

–  Other: 

–  –  Fruits of the genus Capsicum other than sweet peppers or pimentos 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other 
than products of heading 2006: 

–  Other vegetables and mixtures of vegetables: 

–  –  Fruits of the genus Capsicum other than sweet peppers or pimentos 

Other  fermented  beverages  (for  example,  cider,  perry,  mead);  mixtures  of  fermented  beverages 
and  mixtures  of  fermented  beverages  and  non-alcoholic  beverages,  not  elsewhere  specified  or 
included: 

–  Other than piquette 

Flours,  meals  and  pellets,  of  meat  or  meat  offal,  of  fish  or  of  crustaceans,  molluscs  or  other 
aquatic invertebrates, unfit for human consumption; greaves: 

2301 10 00 

–  Flours, meals and pellets, of meat or meat offal; greaves 

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CN code 

ex  2302 

2302 50 00 

2304 00 00 

2305 00 00 

ex  2306 

ex  2307 00 

2307 00 90 

ex  2308 00 

Description 

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or 
other working of cereals or of leguminous plants: 

–  Of leguminous plants 

Oilcake  and  other  solid  residues,  whether  or  not  ground  or  in  the  form  of  pellets,  resulting  from  the 
extraction of soya-bean oil 

Oilcake  and  other  solid  residues,  whether  or  not  ground  or  in  the  form  of  pellets,  resulting  from  the 
extraction of groundnut oil 

Oilcake  and  other  solid  residues,  whether  or  not  ground  or  in  the  form  of  pellets,  resulting  from  the 
extraction of vegetable fats or oils, other than those of heading 2304 or 2305 with the exception of CN 
subheading  2306  90  05  (oilcake  and  other  solid  residues  resulting  from  the  extraction  of  maize  (corn) 
germ) and 2306 90 11 and 2306 90 19 (oilcake and other solid residues resulting from the extraction of 
olive oil) 

Wine lees; argol: 

–  Argol 

Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form 
of pellets, of a kind used in animal feeding, not elsewhere specified or included: 

2308 00 90 

–  Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes 

ex  2309 

ex  2309 10 

2309 10 90 

ex  2309 90 

2309 90 10 

ex  2309 90 91 to 
2309 90 99 

Preparations of a kind used in animal feeding: 

–  Dog or cat food, put up for retail sale: 

–  –  Other  than  containing  starch,  glucose,  glucose  syrup,  maltodextrine  or  maltodextrine  syrup  of 
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products 

–  Other: 

–  –  Fish or marine mammal solubles 

–  –  Other, including premixes: 

–  –  –  Other  than  containing  starch,  glucose,  glucose  syrup,  maltodextrine  or  maltodextrine  syrup  of 
subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products, 
excluding 

–  Protein concentrates obtained from lucerne juice and grass juice 

–  Dehydrated products obtained exclusively from solid residues and juice resulting from the preparation 

of the concentrates referred to in the first indent 

(a)  Entry under this subheading is subject to the conditions laid down in the relevant Union provisions (see Council Directive 94/28/EC (OJ 

L 178, 12.7.1994, p. 66); Commission Decision 93/623/EEC (OJ L 298, 3.12.1993, p. 45)). 

(b)  Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Union  provisions  (see  Council  Directive  88/661/EEC  (OJ 
L 382,  31.12.1988,  p. 36);  Council  Directive  94/28/EC  (OJ  L 178,  12.7.1994,  p. 66);  Commission  Decision  96/510/EC  (OJ  L 210, 
20.8.1996, p. 53)). 

(c)  Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Union  provisions  (see  Articles 291  to  300  of  Commission 

Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments). 

(d)  Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the Combined 

Nomenclature. 

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ANNEX II 

LIST OF PRODUCTS FOR WHICH SPECIFIC MEASURES HAVE BEEN 
ESTABLISHED AS REFERRED TO IN ARTICLE 1(2) 

Part I: Ethyl alcohol of agricultural origin 

1. 

As  regards  ethyl  alcohol,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

ex  2207 10 00 

ex  2207 20 00 

ex  2208 90 91 
and 
ex  2208 90 99 

Description 

Undenatured  ethyl  alcohol  of  an  alcoholic  strength  by  volume  of 
80 % vol. or higher obtained from the agricultural products listed in 
Annex I to the Treaty 
Ethyl alcohol and other spirits, denatured, of any strength, obtained 
from the agricultural products listed in Annex I to the Treaty 
Undenatured ethyl alcohol of an alcoholic strength by volume of less 
than  80 %  vol.  obtained  from  the  agricultural  products  listed  in 
Annex I to the Treaty 

2. 

Section I of Chapter II of Part III on import licences and Section I of Chapter III of 
that  Part  shall  apply  also  to  products  based  on  ethyl  alcohol  of  agricultural  origin 
falling  within  CN  code  2208  put  up  in  containers  of  more  than  two  litres  and 
presenting all the characteristics of ethyl alcohol as described in point 1. 

Part II: Apiculture products 

As  regards  apiculture  products,  this  Regulation  shall  cover  the  products  listed  in  the 
following table: 

CN code 

  0409 
ex 0410 00 00 
ex 0511 99 85 
ex 1212 99 70 
ex 152190 

Description 

Natural honey 
Royal jelly and propolis, edible 
Royal jelly and propolis, non-edible 
Pollen 
Beeswax 

Part III: Silkworms 

As regards silkworms, this Regulation shall cover silkworms falling within CN code ex 0106 
90 00 and silkworm eggs falling within CN code ex 0511 99 85. 

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ANNEX III 

DEFINITIONS REFERRED TO IN ARTICLE 2(1) 

Part I: Definitions concerning the rice sector 

I. 

The  terms  ‘paddy  rice’,  ‘husked  rice’,  ‘semi-milled  rice’,  ‘wholly  milled  rice’, 
‘round grain  rice’,  ‘medium grain rice’, ‘long grain rice  A or B’ and ‘broken rice’ 
shall be defined as follows: 

1. 

(a) 

‘Paddy rice’ means rice which has retained its husk after threshing. 

(b) 

(c) 

(d) 

‘Husked  rice’  means  paddy  rice  from  which  only  the  husk  has  been 
removed.  Examples  of  rice  falling  within  this  definition  are  those  with 
the  commercial  descriptions  ‘brown  rice’,  ‘cargo  rice’,  ‘loonzain’  and 
‘riso sbramato’. 

‘Semi-milled  rice’  means  paddy  rice  from  which  the  husk,  part  of  the 
germ and the whole or part of the outer layers of the pericarp but not the 
inner layers have been removed. 

‘Wholly milled rice’ means paddy rice from which the husk, the whole 
of the outer and inner layers of the pericarp, the whole of the germ in the 
case  of long grain  or  medium  grain rice and at least part thereof in the 
case  of  round  grain  rice  have  been  removed,  but  in  which  longitudinal 
white striations may remain on not more than 10 % of the grains. 

2. 

‘Round grain rice’ means rice, the grains of which are of a length not 

(a) 
exceeding 5,2 mm and of a length/width ratio of less than 2. 

(b) 

‘Medium  grain  rice’  means  rice,  the  grains  of  which  are  of  a  length 
exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio 
no greater than 3. 

(c) 

‘Long grain rice’ means: 

(i) 

(ii) 

long  grain  rice  A,  rice,  the  grains  of  which  are  of  a  length 
exceeding  6,0 mm  and  of  which  the  length/width  ratio  is  greater 
than 2 but less than 3; 

long  grain  rice  B,  rice,  the  grains  of  which  are  of  a  length 
exceeding 6,0 mm and of which the length/width ratio is equal to 
or greater than 3. 

(d) 

‘Measurements  of  the  grains’  means  grain  measurements  are  taken  on 
wholly milled rice by the following method: 

(i) 

take a sample representative of the batch; 

(ii) 

sieve  the  sample  so  as  to  retain  only  whole  grains,  including 
immature grains; 

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(iii)  carry out two measurements of 100 grains each and work out the 

average; 

(iv)  express the result in millimetres, rounded off to one decimal place. 

3. 

‘Broken  rice’  means  grain  fragments  the  length  of  which  does  not  exceed 
three quarters of the average length of the whole grain. 

II. 

As  regards  grains  and  broken  grains  which  are  not  of  unimpaired  quality,  the 
following definitions shall apply: 

A. 

‘Whole  grains’  means  grains  from  which  only  part  of  the  end  has  been 
removed, irrespective of characteristics produced at each stage of milling. 

B. 

‘Clipped grains’ means grains from which the entire end has been removed. 

C. 

‘Broken  grains  or  fragments’  means  grains  from  which  a  part  of  the  volume 
greater than the end has been removed; broken grains include: 

– 

– 

– 

– 

large broken grains (pieces of grain of a length not less than half that of a 
grain, but not constituting a complete grain), 

medium broken grains (pieces of grain of a length not less than a quarter 
of the length of a grain but which are smaller than the minimum size of 
‘large broken grains’), 

fine  broken  grains  (pieces  of  grain  less  than  a  quarter  of  the  size  of  a 
grain but too large to pass through a sieve with a mesh of 1,4 mm), 

fragments  (small  pieces  or  particles  of  grain  which  can  pass  through  a 
sieve  with  a  mesh  of  1,4 mm);  split  grains  (pieces  produced  by  a 
longitudinal split in the grain) come under this definition. 

D. 

‘Green grains’ means grains which are not fully ripened. 

E. 

F. 

G. 

H. 

‘Grains  showing  natural  malformation’  means  grains  showing  a  natural 
malformation  whether  or  not  of  hereditary  origin,  as  compared  with  the 
morphological characteristics typical of the variety. 

‘Chalky  grains’  means  grains  at  least  three-quarters  of  the  surface  of  which 
looks opaque and chalky. 

‘Grains striated with red’ means grains showing longitudinal red striations of 
differing intensity and shades, due to residues from the pericarp. 

‘Spotted  grains’  means  grains  showing  a  well-defined  small  circle  of  dark 
colour of more or less regular shape; spotted grains also include those which 
show slight black striations on the surface only; the striations and spots must 
not show a yellow or dark aureole. 

I. 

‘Stained grains’ means grains which have undergone, on a small area of their 
surface,  an  obvious  change  in  their  natural  colour;  the  stains  may  be  of 

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different colours (blackish, reddish, brown); deep black striations are also to be 
regarded  as  stains.  If  the  colour  of  the  stains  is  sufficiently  marked  (black, 
pink,  reddish-brown)  to  be  immediately  visible  and  if  they  cover  an  area  not 
less  than  half  that  of  the  grain,  the  grains  must  be  considered  to  be  yellow 
grains. 

J. 

K. 

‘Yellow  grains’  means  grains  which  have  undergone,  totally  or  partially, 
otherwise than by drying, a change in their natural colour and have taken on a 
lemon or orange-yellow tone. 

‘Amber grains’ means grains which have undergone, otherwise than by drying, 
a slight uniform change in colour over the whole surface; this change alters the 
colour of the grains to a light amber-yellow. 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

Part II: Definitions concerning the sugar sector 

‘white  sugars’  means  sugars,  not  flavoured  or  coloured  or  containing  any  other 
added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, 
determined by the polarimetric method; 

‘raw sugars’ means sugars, not flavoured or coloured or containing any other added 
substances,  containing,  in  the  dry  state,  less  than  99,5 %  by  weight  of  sucrose, 
determined by the polarimetric method; 

‘isoglucose’ means the product obtained from glucose or its polymers with a content 
by weight in the dry state of at least 10 % fructose; 

‘inulin  syrup’  means  the  immediate  product  obtained  by  hydrolysis  of  inulin  or 
oligofructoses,  containing  in  the  dry  state  at  least  10 %  fructose  in  free  form  or  as 
sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions 
on  the  market  for  products  with  low  sweetening  power  produced  by  inulin  fibre 
processors  without  inulin  syrup  quota,  this  definition  may  be  amended  by  the 
Commission; 

‘quota  sugar’,  ‘quota  isoglucose’  and  ‘quota  inulin  syrup’  mean  any  quantity  of 
sugar, isoglucose or inulin syrup production attributed to a specific marketing year 
under the quota of the undertaking concerned; 

‘industrial  sugar’  means  any  quantity  of  sugar  production  attributed  to  a  specific 
marketing year over and above the sugar quantity referred to in point (5), intended 
for the production by the industry of one of the products referred to in Article 55(2); 

‘industrial isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose 
or  inulin  syrup  production  attributed  to  a  specific  marketing  year,  intended  for  the 
production by the industry of one of the products referred to in Article 55(2); 

‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of 
sugar, isoglucose or inulin syrup production attributed to a specific marketing year 
over and above the respective quantities referred to in points (5), (6) and (7); 

‘quota beet’ means all sugar beet processed into quota sugar; 

‘delivery contract’ means a contract concluded between a seller and an undertaking 
for the delivery of beet for the manufacture of sugar; 

11. 

‘agreement within the trade’ means one of the following: 

(a) 

(b) 

an agreement concluded at Union level, prior to the conclusion of any delivery 
contract,  between  a  group  of  national  undertakings'  organisations  on  the  one 
hand and a group of national sellers' organisations on the other; 

an  agreement  concluded,  prior  to  the  conclusion  of  any  delivery  contract, 
between  undertakings  or  an  undertakings'  organisation  recognised  by  the 
Member State concerned on the one hand and a sellers' association recognised 
by the Member State concerned on the other; 

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(c) 

(d) 

in the absence of any agreement as referred to in point (a) or (b), the law on 
companies and the law on cooperatives, in so far as they govern the delivery of 
sugar  beet  by  the  shareholders  or  members  of  a  company  or  cooperative 
manufacturing sugar; 

in  the  absence  of  any  agreement  as  referred  to  in  point  (a)  or  (b),  the 
arrangements existing before the conclusion of any delivery contract, provided 
the  sellers  accepting  the  arrangement  supply  at  least  60 %  of  the  total  beet 
bought  by  the  undertaking  for  the  manufacture  of  sugar  in  one  or  more 
factories. 

12. 

‘full-time refiner’ means a production unit: 

– 

– 

of which the sole activity consists of refining imported raw cane sugar, or 

which  refined  in  the  marketing  year  2004/2005  a  quantity  of  at  least 
15 000 tonnes of imported raw cane sugar. 

Part III: Definitions concerning the hops sector 

1. 

2. 

3. 

4. 

5. 

‘hops’ means the dried inflorescences, also known as cones, of the (female) climbing 
hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of 
an  ovoid  shape,  have  a  flower  stalk  and  their  longest  dimension  generally  varies 
from 2 to 5 cm; 

‘hop  powder’  means  the  product  obtained  by  milling  the  hops,  containing  all  the 
natural elements thereof; 

‘hop powder with higher lupulin content’ means the product obtained by milling the 
hops after mechanical removal of a part of the leaves, stalks, bracts and rachides; 

‘extract of hops’ means the concentrated products obtained by the action of a solvent 
on the hops or on the hop powder; 

‘mixed hop products’ means a mixture of two or more of the products referred to in 
points (1) to (4). 

Part IV: Definitions concerning the wine sector 

Vine-related 

1. 

2. 

3. 

“Grubbing-up” means the complete elimination of all vine stocks on an area planted 
with vines. 

“Planting” means the definitive establishment of vine plants or parts of vine plants, 
whether  or  not  grafted,  with  a  view  to  producing  grapes  or  to  establishing  a  graft 
nursery. 

“Grafting-on”  means  the  grafting  of  a  vine  which  has  already  been  subject  to  a 
previous grafting. 

Produce-related 

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4. 

5. 

“Fresh grapes” means the fruit of the vine used in making wine, ripe or even slightly 
raisined, which may be crushed or pressed by normal wine-cellar means and which 
may spontaneously produce alcoholic fermentation. 

“Fresh  grape  must  with  fermentation  arrested  by  the  addition  of  alcohol”  means  a 
product which: 

(a) 

(b) 

has  an  actual  alcoholic  strength  of  not  less  than  12 %  volume  and  not  more 
than 15 % volume; 

is  obtained  by  addition  to  unfermented  grape  must,  which  has  a  natural 
alcoholic  strength  of  not  less  than  8,5 %  volume  and  is  exclusively  derived 
from wine grape varieties classifiable according to Article 166(2): 

(i) 

either  of  neutral  alcohol  of  vinous  origin,  including  alcohol  obtained 
from the distillation of dried grapes, having an actual alcoholic strength 
of not less than 96 % volume; 

(ii)  or  of  an  unrectified  product  derived  from  the  distillation  of  wine  and 
having an actual alcoholic strength of not less than 52 % volume and not 
more than 80 % volume. 

6. 

“Grape juice” means the unfermented but fermentable liquid product which: 

(a) 

is obtained by appropriate treatment rendering it fit for consumption as it is; 

(b) 

is obtained from fresh grapes or from grape must or by reconstitution. Where 
obtained  by  reconstitution,  it  shall  be  reconstituted  from  concentrated  grape 
must or concentrated grape juice. 

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

7. 

“Concentrated  grape  juice”  means  uncaramelised  grape  juice  obtained  by  partial 
dehydration of grape juice carried out by any authorised method other than by direct 
heat  in  such  a  way  that  the  figure  indicated  by  a  refractometer  used  in  accordance 
with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %. 

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

8. 

“Wine lees” means the residue: 

(a) 

accumulating in vessels containing wine after fermentation, during storage or 
after authorised treatment; 

(b)  obtained from filtering or centrifuging the product referred to in (a); 

(c) 

accumulating  in  vessels  containing  grape  must  during  storage  or  after 
authorised treatment; or 

(d)  obtained from filtering or centrifuging the product referred to in (c). 

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9. 

“Grape marc” means the residue from  the pressing of fresh grapes,  whether or  not 
fermented. 

10. 

“Piquette” means a product obtained by: 

(a) 

the fermentation of untreated grape marc macerated in water; or 

(b) 

leaching fermented grape marc with water. 

11. 

“Wine fortified for distillation” means a product which: 

(a) 

(b) 

has  an  actual  alcoholic  strength  of  not  less  than  18 %  volume  and  not  more 
than 24 % volume; 

is obtained exclusively by the addition to wine containing no residual sugar of 
an  unrectified  product  derived  from  the  distillation  of  wine  and  having  a 
maximum actual alcoholic strength of 86 % volume; or 

(c) 

has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid. 

12. 

“Cuvée” means: 

(a) 

the grape must; 

(b) 

the wine; or 

(c) 

the mixture of grape musts and/or wines with different characteristics, 

intended for the preparation of a specific type of sparkling wine. 

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Alcoholic strength 

13. 

14. 

15. 

16. 

17. 

18. 

19. 

1. 

2. 

“Actual alcoholic strength by volume” means the number of volumes of pure alcohol 
contained  at  a  temperature  of  20 °C  in  100 volumes  of  the  product  at  that 
temperature. 

“Potential  alcoholic  strength  by  volume”  means  the  number  of  volumes  of  pure 
alcohol at a temperature of 20 °C capable of being produced by total fermentation of 
the sugars contained in 100 volumes of the product at that temperature. 

“Total  alcoholic  strength  by  volume”  means  the  sum  of  the  actual  and  potential 
alcoholic strengths. 

“Natural alcoholic strength by volume” means the total alcoholic strength by volume 
of a product before any enrichment. 

“Actual alcoholic strength by mass” means the number of kilograms of pure alcohol 
contained in 100 kilograms of product. 

“Potential  alcoholic  strength  by  mass”  means  the  number  of  kilograms  of  pure 
alcohol capable of being produced by total fermentation of the sugars contained in 
100 kilograms of product. 

“Total  alcoholic  strength  by  mass”  means  the  sum  of  the  actual  and  potential 
alcoholic strength. 

Part V: Definitions concerning the beef and veal sector 

‘bovine  animals’  means  live  animals  of  the  domestic  bovine  species  falling  within 
CN codes ex 0102 10, 0102 90 05 to 0102 90 79; 

‘adult bovine animals’ means bovine animals the live weight of which is more than 
300 kilograms. 

Part VI: Definitions concerning the milk and milk products sector 

For the purpose of the implementation of the tariff quota for butter of New Zealand origin, 
the phrase ‘manufactured directly from milk or cream’ does not exclude butter manufactured 
from  milk  or  cream,  without  the  use  of  stored  materials,  in  a  single,  self-contained  and 
uninterrupted process which may involve the cream passing through a stage of concentrated 
milkfat and/or the fractionation of such milkfat. 

Part VII: Definitions concerning the eggs sector 

1. 

2. 

3. 

‘eggs in shell’ means poultry eggs in shell, fresh,  preserved,  or cooked,  other  than 
eggs for hatching specified in 2.; 

‘eggs for hatching’ means poultry eggs for hatching; 

‘whole  products’  means  birds'  eggs  not  in  shell,  whether  or  not  containing  added 
sugar or other sweetening matter suitable for human consumption; 

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4. 

1. 

2. 

3. 

4. 

‘separated products’ means birds' egg yolks, whether or not containing added sugar 
or other sweetening matter suitable for human consumption. 

Part VIII: Definitions concerning the poultrymeat sector 

‘live  poultry’  means  live  fowls,  ducks,  geese,  turkeys  and  guinea  fowls  each 
weighing more than 185 grams; 

‘chicks’  means  live  fowls,  ducks,  geese,  turkeys  and  guinea  fowls,  each  weighing 
not more than 185 grams; 

‘slaughtered  poultry’  means  dead  fowls,  ducks,  geese,  turkeys  and  guinea  fowls, 
whole, with or without offal; 

‘derived products’ means the following: 

(a) 

products specified in point (a) of Part XX of Annex I; 

(b)  products  specified  in  point  (b)  of  Part XX  of  Annex I,  excluding  slaughtered 

poultry and edible offal, known as ‘poultry cuts’; 

(c) 

edible offals specified in point (b) of Part XX of Annex I; 

(d)  products specified in point (c) of Part XX of Annex I; 

(e) 

products specified in points (d) and (e) of Part XX of Annex I; 

(f) 

products  referred  to  in  point  (f)  of  Part XX  of  Annex I,  other  than  those 
products falling within CN codes 1602 20 11 and 1602 20 19. 

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Part IX: Definitions concerning the apiculture sector 

1. 

‘Honey’  means  the  natural  sweet  substance  produced  by  Apis  mellifera  bees  from 
the nectar of plants or from secretions of living parts of plants or excretions of plant-
sucking  insects  on  the  living  parts  of  plants,  which  the  bees  collect,  transform  by 
combining with specific substances of their own, deposit, dehydrate, store and leave 
in honeycombs to ripen and mature.  

The main types of honey are as follows: 

(a) 

according to origin: 

(i) 

blossom  honey  or  nectar  honey:  honey  obtained  from  the  nectar  of 
plants; 

(ii)  honeydew  honey:  honey  obtained  mainly  from  excretions  of  plant 
sucking insects (Hemiptera) on the living part of plants or secretions of 
living parts of plants; 

(b) 

according to mode of production and/or presentation: 

(iii)  comb honey: honey stored by bees in the cells of freshly built broodless 
combs or thin comb foundation sheets made solely of beeswax and sold 
in sealed whole combs or sections of such combs; 

(iv)  chunk honey or cut comb in honey: honey which contains one or more 

pieces of comb honey; 

(v)  drained honey: honey obtained by draining decapped broodless combs; 

(vi)  extracted  honey:  honey  obtained  by  centrifuging  decapped  broodless 

combs; 

(vii)  pressed  honey:  honey  obtained  by  pressing  broodless  combs  with  or 

without the application of moderate heat not exceeding 45 oC; 

(viii)  filtered honey: honey obtained by removing foreign inorganic or organic 
matter in such a way as to result in the significant removal of pollen. 

‘Baker’s honey' means honey which is: 

(a) 

suitable  for  industrial  uses  or  as  an  ingredient  in  other  foodstuffs  which  are 
then processed and 

(b)  may: 

– 

– 

– 

have a foreign taste or odour, or 

have begun to ferment or have fermented, or 

have been overheated. 

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   EN 

 
2. 

‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. 

EN 

270 

   EN 

 
ANNEX IV 

STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 
8(1) AND (3) 

A. 

Standard quality for paddy rice 

Paddy rice of standard quality shall: 

(a) 

be of a sound and fair marketable quality, free of odour; 

(b) 

contain a moisture content of maximum 13 %; 

(c) 

have  a  yield  of  wholly  milled  rice  63 %  by  weight  in  whole  grains  (with  a 
tolerance of 3 % of clipped grains) of which a percentage by weight of wholly 
milled rice grains which are not of unimpaired quality: 

chalky grains of paddy rice under CN codes CN 1006 10 27 
and CN 1006 10 98 

chalky  grains  of  paddy  rice  under  CN  codes  other  than 
CN 1006 10 27 and CN 1006 10 98: 

grains striated with red 

spotted grains 

stained grains 

yellow grains 

amber grains 

B. 

Standard qualities for sugar 

I. 

Standard quality for sugar beet 

Standard quality beet shall: 

1,5 % 

2,0 % 

1,0 % 

0,50 % 

0,25 % 

0,02 % 

0,05 % 

(a) 

be of sound and fair merchantable quality; 

(b)  have a sugar content of 16 % at the reception point. 

II. 

Standard quality for white sugar 

1.  White  sugar  of 

the  standard  quality  shall  have 

the  following 

characteristics: 

(a) 

be  of  sound,  genuine  and  merchantable  quality;  dry, 
homogeneous granulated crystals, free-flowing; 

in 

(b)  minimum polarisation: 99,7; 

(c)  maximum moisture content: 0,06 %; 

(d)  maximum invert sugar content: 0,04 %; 

EN 

271 

   EN 

 
 
(e) 

the number of points determined under point 2 shall not exceed a 
total of 22, nor: 

15 for the ash content, 

9  for  the  colour  type,  determined  using  the  method  of  the 
Brunswick  Institute  of  Agricultural  Technology  (hereinafter 
referred to as the Brunswick method), 

6 for the colouring of the solution, determined using the method of 
the  International  Commission  for  Uniform  Methods  of  Sugar 
Analysis (hereinafter referred to as the ICUMSA method). 

2.  One point shall correspond to: 

(a) 

0,0018 % of ash content determined using the ICUMSA method at 
28o Brix, 

(b)  0,5 units of colour type determined using the Brunswick method, 

(c) 

7,5  units  of  colouring  of  the  solution  determined  using  the 
ICUMSA method. 

3. 

The  methods  for  determining  the  factors  referred  to  in  point 1  shall  be 
those used for determining those factors under the intervention measures. 

III.  Standard quality for raw sugar 

1. 

2. 

Raw  sugar  of  the  standard  quality  shall  be  sugar  with  a  yield  in  white 
sugar of 92 %. 

The yield of raw beet sugar shall be calculated by subtracting from the 
degree of polarisation of that sugar: 

(a) 

its percentage ash content multiplied by four; 

(b) 

its percentage invert sugar content multiplied by two; 

(c) 

the number 1. 

3. 

The yield of raw cane sugar shall be calculated by subtracting 100 from 
the degree of polarisation of that sugar multiplied by two. 

EN 

272 

   EN 

 
 
 
 
ANNEX V 

UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO 
IN ARTICLE 34 

A. 

Union scale for the classification of carcasses of adult bovine animals 

I. 

Definitions 

The following definitions shall apply: 

1. 

2. 

'carcass':  the  whole  body  of  a  slaughtered  animal  as  presented  after 
bleeding, evisceration and skinning; 

'half-carcass': the product obtained by separating the carcass referred to 
in  point  (1)  symmetrically  through  the  middle  of  each  cervical,  dorsal, 
lumbar  and  sacral  vertebra  and  through  the  middle  of  the  sternum  and 
the ischiopubic symphysis. 

II.  Categories 

The carcasses shall be divided into the following categories: 

A: 

carcasses  of  uncastrated  young  male  animals  of  less  than  two  years  of 
age; 

B: 

carcasses of other uncastrated male animals; 

C: 

carcasses of castrated male animals; 

D: 

carcasses of female animals that have calved; 

E: 

carcasses of other female animals. 

III.  Classification 

The carcasses shall be classified by successive assessment of: 

1. 

Conformation, defined as follows: 

Development of carcass profiles, in particular the essential parts (round, 
back, shoulder) 

Conformation 
class 

S 
Superior 

E 
Excellent 

U 
Very good 

Description 

All  profiles  extremely  convex;  exceptional  muscle 
development (double muscled carcass type) 

All profiles convex to super-convex; exceptional muscle 
development 

Profiles  on  the  whole  convex,  very  good  muscle 
development 

EN 

273 

   EN 

 
 
 
R 
Good 

O 
Fair 

P 
Poor 

Profiles  on 
development 

the  whole 

straight;  good  muscle 

Profiles 
development 

straight 

to 

concave; 

average  muscle 

All  profiles  concave  to  very  concave;  poor  muscle 
development 

2. 

Fat cover, defined as follows: 

Amount of fat on the outside of the carcass and in the thoracic cavity 

Class of fat cover 

Description 

1 
low 

2 
slight 

3 
average 

4 
high 

None up to low fat cover 

Slight fat cover, flesh visible almost everywhere 

Flesh  with  the  exception  of  the  round  and  shoulder, 
almost  everywhere  covered  with  fat,  slight  deposits  of 
fat in the thoracic cavity 

Flesh  covered  with  fat,  but  on  the  round  and  shoulder 
still  partly  visible,  some  distinctive  fat  deposits  in  the 
thoracic cavity 

5 
very high 

Entire  carcass  covered  with  fat;  heavy  deposits  in  the 
thoracic cavity 

IV.  Presentation 

Carcasses and half-carcasses shall be presented: 

1.  without the head and without the feet; the head shall be separated from 
the carcass at the atloido-occipital joint and the feet shall be severed at 
the carpametacarpal or tarsometatarsal joints, 

2.  without the organs contained in the thoracic and abdominal cavities with 

or without the kidneys, the kidney fat and the pelvic fat, 

3.  without  the  sexual  organs  and  the  attached  muscles  and  without  the 

udder or the mammary fat. 

V.  Classification and identification 

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of 
the  European  Parliament  and  of  the  Council46  shall  take  measures  to  ensure 
that  all  carcasses  or  half-carcasses  from  adult  bovine  animals  slaughtered  in 
such  slaughterhouses  and  bearing  a  health  mark  provided  for  Article 5(2)  in 
conjunction  with  Chapter III  of  Section  I  of  Annex I  to  Regulation  (EC) 

46 

OJ L 139, 30.4.2004, p. 55. 

EN 

274 

   EN 

 
 
                                                 
No 854/2004  of  the  European  Parliament  and  of  the  Council47  are  classified 
and identified in accordance with the Union scale. 

Before  identification  by  marking,  Member  States  may  grant  authorisation  to 
have  the  external  fat  removed  from  the  carcasses  or  half-carcasses  if  this  is 
justified by the fat cover. 

B. 

Union scale for the classification of pig carcasses 

I. 

Definition 

'carcass' shall mean the body of a slaughtered pig, bled and eviscerated, whole 
or divided down the mid-line. 

II.  Classification 

Carcasses shall be divided into classes according to their estimated lean-meat 
content and classified accordingly: 

Classes 

Lean meat as percentage of carcass weight 

S 

E 

U 

R 

O 

P 

60 or more (*) 

55 or more 

50 or more but less than 55 

45 or more but less than 50 

40 or more but less than 45 

less than 40 

(*) 

[Member  States  may  introduce,  for  pigs  slaughtered  in  their  territory,  a 
separate class of 60 % or more of lean meat designated with the letter S.] 

III.  Presentation 

Carcasses  shall  be  presented  without tongue,  bristles,  hooves,  genital  organs, 
flare fat, kidneys and diaphragm. 

IV.  Lean-meat content 

The  lean-meat  content  shall  be  assessed  by  means  grading  methods 
1. 
authorised  by  the  Commission.  Only  statistically  proven  assessment  methods 
based on the physical measurement of one or more anatomical parts of the pig 
carcass may be authorised. Authorisation of grading methods shall be subject 
to compliance with a maximum tolerance for statistical error in assessment. 

However,  the  commercial  value  of  the  carcasses  shall  not  be 

2. 
determined solely by their estimated lean-meat content.  

V. 

Identification of carcasses 

47 

OJ L 139, 30.4.2004, p. 206. 

EN 

275 

   EN 

 
 
 
 
 
 
 
                                                 
Unless otherwise provided for by the Commission, classified carcasses shall be 
identified by marking in accordance with the Union scale. 

C. 

Union scale for the classification of sheep carcasses 

I. 

Definition 

As  regards  the  terms  'carcass'  and  'half-carcass'  the  definitions  laid  down  in 
point A.I shall apply. 

II.  Categories 

The carcasses shall be divided into the following categories: 

A: 

carcasses of sheep under 12 months old, 

B: 

carcasses of other sheep. 

III.  Classification 

The  carcasses  shall  be  classified  by  way  of  application  of  the  provisions  in 
point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in 
rows  3  and  4  of  the  table  under  point  A.III.2.  shall  be  replaced  by  the  term 
'hindquarter'. 

IV.  Presentation 

Carcasses  and  half-carcasses  shall  be  presented  without  the  head  (severed  at 
the  atlantooccipital  joint),  the  feet  (severed  at  the  carpometacarpal  or  tarso-
metatarsal  joints),  the  tail  (severed  between  the  sixth  and  seventh  caudal 
vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney 
fat are included in the carcass. 

V. 

Identification of carcasses 

Classified  carcasses  and  half-carcasses  shall  be  identified  by  marking  in 
accordance with the Union scale. 

EN 

276 

   EN 

 
 
 
 
 
 
 
ANNEX VI 

NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF SUGAR, 
ISOGLUCOSE AND INULIN SYRUP AS REFERRED TO IN ARTICLE 50  

from the 2010/2011 marketing year onwards 

Member States or regions 
(1) 

Sugar 
(2) 

Isoglucose 
(3) 

Inulin syrup 
(4) 

(in tonnes) 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Ireland 

Greece 

Spain 

  676 235,0 

  114 580,2 

0 

0 

89 198,0 

  372 459,3 

  372 383,0 

 2 898 255,7 

56 638,2 

0 

  158 702,0 

0 

  498 480,2 

53 810,2 

France (metropolitan) 

French overseas departments 

3 004 811,15 

 432 220,05 

0 

Italy 

Latvia 

Lithuania 

Hungary 

Netherlands 

Austria 

Poland 

Portugal (mainland) 

  508 379,0 

32 492,5 

0 

90 252,0 

  105 420,0 

  220 265,8 

  804 888,0 

0 

0 

  351 027,4 

 1 405 608,1 

42 861,4 

0 

12 500,0 

Autonomous Region of the Azores 

9 953,0 

Romania 

  104 688,8 

0 

EN 

277 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

0 

  112 319,5 

68 094,5 

80 999,0 

  293 186,0 

 1 056 474,0 

0 

0 

TOTAL 13 336 741,2 

  690 440,8 

0 

EN 

278 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 ANNEX VII 

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN 
ACCORDANCE WITH ARTICLE 53 

For the purposes of this Annex: 

I 

(a) 

(b) 

(c) 

(d) 

'merger of undertakings' means the consolidation of two or more undertakings into a 
single undertaking; 

'transfer  of  an  undertaking'  means  the  transfer  or  absorption  of  the  assets  of  an 
undertaking having quota to one or more undertakings; 

'transfer of a factory' means the transfer of ownership of a technical unit, including 
all  the  plant  required  to  manufacture  the  product  concerned,  to  one  or  more 
undertakings,  resulting  in  the  partial  or  total  absorption  of  the  production  of  the 
undertaking making the transfer; 

'lease of a factory' means the leasehold contract of a technical unit including all the 
plant required for the manufacture of sugar, with a view to its operation, concluded 
for a period of at least three consecutive marketing years, which the parties agree not 
to terminate before the end of the third marketing year, with an undertaking which is 
established  in  the  same  Member  State,  as  the  factory  concerned,  if,  after  the  lease 
takes  effect,  the  undertaking  which  rents  the  factory  can  be  considered  a  solely 
sugar-producing undertaking for its entire production. 

II 

1. 

Without  prejudice  to  point 2,  in  the  event  of  the  merger  or  transfer  of  sugar-
producing undertakings or the transfer of sugar factories, the quota shall be adjusted 
as follows: 

(a) 

(b) 

(c) 

in the event of the merger of sugar-producing undertakings, the Member States 
shall allocate to the undertaking resulting from the merger a quota equal to the 
sum  of  the  quotas  allocated  prior  to  the  merger  to  the  sugar-producing 
undertakings concerned; 

in  the  event  of  the  transfer  of  a  sugar-producing  undertaking,  the  Member 
State  shall  allocate  the  quota  of  the  transferred  undertaking  to  the  transferee 
undertaking for the production of sugar or, if there is more than one transferee 
undertaking, the allocation shall be made in proportion to the sugar production 
absorbed by each of them; 

in the event of the transfer of a sugar factory, the Member State shall reduce 
the  quota  of  the  undertaking  transferring  ownership  of  the  factory  and  shall 
increase  the  quota  of  the  sugar-producing  undertaking  or  undertakings 
purchasing  the  factory  in  question  by  the  quantity  deducted  in  proportion  to 
the production absorbed. 

EN 

279 

   EN 

 
 
 
2. 

Where  a  number  of  the  sugar-beet  or  cane growers  directly  affected  by  one  of  the 
operations referred to in point 1 expressly show their willingness to supply their beet 
or cane to a sugar-producing undertaking which is not party to those operations, the 
Member State may make the allocation on the basis of the production absorbed by 
the undertaking to which they intend to supply their beet or cane. 

3. 

In the event of closure, in circumstances other than those referred to in point 1, of: 

(a) 

a sugar-producing undertaking; 

(b)  one or more factories of a sugar-producing undertaking, 

the Member State may allocate the part of the quotas involved in such closure to one 
or more sugar-producing undertakings. 

Also in the case referred to in point (b) of the first subparagraph, where some of the 
producers concerned expressly show their willingness to supply their beet or cane to 
a given sugar-producing undertaking, the Member State may allocate the proportion 
of the quotas corresponding to the beet or cane concerned to the undertaking which 
they intend to supply with those products. 

Where  the  derogation  referred  to  in  Article 43(6)  is  invoked,  the  Member  State 
concerned  may  require  the  beet  growers  and  the  sugar  undertakings  concerned  by 
that  derogation  to  include  in  their  agreements  within  the  trade  special  clauses 
enabling the Member State to apply points 2 and 3 of this Section. 

In the event of the lease of a factory belonging to a sugar-producing undertaking, the 
Member State may reduce the quota of the undertaking offering the factory for rent 
and allocate  the  portion by which  the quota was reduced to the undertaking which 
rents the factory in order to produce sugar in it. 

If  the  lease  is  terminated  during  the  period  of  three  marketing  years  referred  to  in 
point I (d) the adjustment of quota under the first subparagraph of this point shall be 
cancelled retroactively by the Member State as at the date on which the lease took 
effect. However, if the lease is terminated by reason of force majeure, the Member 
State shall not be bound to cancel the adjustment. 

Where  a  sugar-producing  undertaking  can  no  longer  ensure  that  it  meets  its 
obligations  under  Union  legislation  towards  the  sugar-beet  or  cane  producers 
concerned,  and  where  that  situation  has  been  ascertained  by  the  competent 
authorities of the Member State concerned, the latter may allocate for one or more 
marketing  years  the  part  of  the  quotas  involved  to  one  or  more  sugar-producing 
undertakings in proportion to the production absorbed. 

Where  a  Member  State  grants  a  sugar  producing  undertaking  price  and  outlet 
guarantees for processing sugar beet into ethyl alcohol, that Member State may, in 
agreement with that undertaking and the beet growers concerned, allocate all or part 
of  the  sugar  production  quotas  to  one  or  more  other  undertakings  for  one  or  more 
marketing years. 

4. 

5. 

6. 

7. 

EN 

III 

280 

   EN 

 
In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of 
an isoglucose-producing factory, the Member State may allocate the quotas involved for the 
production  of  isoglucose  to  one  or  more  other  undertakings,  whether  or  not  they  have  a 
production quota. 

IV 

The  measures  taken  pursuant  to  Sections  II  and  III  may  take  effect  only  if  the  following 
conditions are met: 

(a) 

(b) 

(c) 

the interests of each of the parties concerned are taken into consideration; 

the Member State concerned considers that they are likely to improve the structure 
of the beet, cane and sugar-manufacturing sectors; 

they concern undertakings established in the same territory for which the quota is set 
in Annex VI. 

V 

When the merger or transfer occurs between 1 October and 30 April of the following year, 
the measures referred to in Sections II and III shall take effect for the current marketing year. 

When the merger or transfer occurs between 1 May and 30 September of the same year, the 
measures referred to in Sections II and III shall take effect for the following marketing year. 

Where  Sections  II  and  III  are  applied,  Member  States  shall  inform  the  Commission  of  the 
adjusted quotas not later than 15 days after the expiry of the periods referred to in Section V. 

VI 

EN 

281 

   EN 

 
NATIONAL QUOTAS FOR THE PRODUCTION OF MILK AND OTHER MILK PRODUCTS AS REFERRED TO IN ARTICLE 59 

ANNEX VIII 

Member State 

2008/09 

2009/10 

2010/11 

2011/12 

2012/13 

2013/14 

2014/15 

(quantities (tonnes) per twelve-month period per Member State): 

Belgium 
Bulgaria 
Czech Republic 
Denmark 
Germany 
Estonia 
Ireland 
Greece 
Spain 
France 
Italy 
Cyprus 
Latvia 
Lithuania 
Luxembourg 
Hungary 
Malta 
Netherlands 
Austria 
Poland 

3 427 288,740 

3 461 561,627 

3 496 177,244 

3 531 139,016 

3 566 450,406 

3 602 114,910 

3 602 114,910 

998 580,000 

1 008 565,800 

1 018 651,458 

1,028 837,973 

1 039 126,352 

1 049 517,616 

1 049 517,616 

2 792 689,620 

2 820 616,516 

2 848 822,681 

2 877 310,908 

2 906 084,017 

2 935 144,857 

2 935 144,857 

4 612 619,520 

4 658 745,715 

4 705 333,172 

4 752 386,504 

4 799 910,369 

4 847 909,473 

4 847 909,473 

28 847 420,391 

29 135 894,595 

29 427 253,541 

29 721 526,076 

30 018 741,337 

30 318 928,750 

30 318 928,750 

659 295,360 

665 888,314 

672 547,197 

679 272,669 

686 065,395 

692 926,049 

692 926,049 

5 503 679,280 

5 558 716,073 

5 614 303,234 

5 670 446,266 

5 727 150,729 

5 784 422,236 

5 784 422,236 

836 923,260 

845 292,493 

853 745,418 

862 282,872 

870 905,700 

879 614,757 

879 614,757 

6 239 289,000 

6 301 681,890 

6 364 698,709 

6 428 345,696 

6 492 629,153 

6 557 555,445 

6 557 555,445 

25 091 321,700 

25 342 234,917 

25 595 657,266 

25 851 613,839 

26 110 129,977 

26 371 231,277 

26 371 231,277 

10 740 661,200 

11 288 542,866 

11 288 542,866 

11 288 542,866 

11 288 542,866 

11 288 542,866 

11 288 542,866 

148 104,000 

149 585,040 

151 080,890 

152 591,699 

154 117,616 

155 658,792 

155 658,792 

743 220,960 

750 653,170 

758 159,701 

765 741,298 

773 398,711 

781 132,698 

781 132,698 

1 738 935,780 

1 756 325,138 

1 773 888,389 

1 791 627,273 

1 809 543,546 

1 827 638,981 

1 827 638,981 

278 545,680 

281 331,137 

284 144,448 

286 985,893 

289 855,752 

292 754,310 

292 754,310 

2 029 861,200 

2 050 159,812 

2 070 661,410 

2 091 368,024 

2 112 281,704 

2 133 404,521 

2 133 404,521 

49 671,960 

50 168,680 

50 670,366 

51 177,070 

51 688,841 

52 205,729 

52 205,729 

11 465 630,280 

11 580 286,583 

11 696 089,449 

11 813 050,343 

11 931 180,847 

12 050 492,655 

12 050 492,655 

2 847 478,469 

2 875 953,254 

2 904 712,786 

2 933 759,914 

2 963 097,513 

2 992 728,488 

2 992 728,488 

9 567 745,860 

9 663 423,319 

9 760 057,552 

9 857 658,127 

9 956 234,709 

10 055 797,056 

10 055 797,056 

EN 

282 

EN 

 
  
 
 
Portugal 
Romania 
Slovenia 
Slovakia 
Finland 
Sweden 
United Kingdom 

1 987 521,000 

2 007 396,210 

2 027 470,172 

2 047 744,874 

2 068 222,323 

2 088 904,546 

2 088 904,546 

3 118 140,000 

3 149 321,400 

3 180 814,614 

3 212 622,760 

3 244 748,988 

3 277 196,478 

3 277 196,478 

588 170,760 

594 052,468 

599 992,992 

605 992,922 

612 052,851 

618 173,380 

618 173,380 

1 061 603,760 

1 072 219,798 

1 082 941,996 

1 093 771,416 

1 104 709,130 

1 115 756,221 

1 115 756,221 

2 491 930,710 

2 516 850,017 

2 542 018,517 

2 567 438,702 

2 593 113,089 

2 619 044,220 

2 619 044,220 

3 419 595,900 

3 453 791,859 

3 488 329,778 

3 523 213,075 

3 558 445,206 

3 594 029,658 

3 594 029,658 

15 125 168,940 

15 276 420,629 

15 429 184,836 

15 583 476,684 

15 739 311,451 

15 896 704,566 

15 896 704,566 

EN 

283 

EN 

 
  
ANNEX IX 

REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 63 

Member State 

Belgium 

Bulgaria 

Czech Republic 

Denmark 

Germany 

Estonia 

Greece 

Spain 

France 

Ireland 

Italy 

Cyprus 

Latvia 

Lithuania 

Luxembourg 

Hungary 

Netherlands 

Austria 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

Finland 

Sweden 

United Kingdom 

g/kg 

36,91 

39,10 

42,10 

43,68 

40,11 

43,10 

36,10 

36,37 

39,48 

35,81 

36,88 

34,60 

40,70 

39,90 

39,17 

38,50 

42,36 

40,30 

39,00 

37,30 

38,50 

41,30 

37,10 

43,40 

43,40 

39,70 

EN 

284 

   EN 

 
 
 
BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 136(1) 

ANNEX X 

Budget year 

2009 

15 608 
2 979 
22 891 
14 286 
213 820 
171 909 
238 223 
2 749 
30 
344 
16 816 
232 
8 038 
37 802 
42 100 
3 522 
2 938 
0 

2010 

21 234 

4 076

30 963

19 167

284 219

226 814

298 263

3 704

37

467

23 014

318

10 888

51 627

42 100

3 770

4 022

61

2011 

22 022 

4 217

32 190

19 840

279 038

224 055

294 135

3 801

45

485

23 809

329

11 313

53 457

42 100

3 937

4 160

67

2012 

27 077 

5 217

39 341

24 237

358 000

284 299

341 174

4 689

45

595

29 455

407

13 846

65 989

42 100

5 119

5 147

124

In 1 000 EUR 

from 2014 
onwards 

26 762 

5 155

38 895

23 963

353 081

280 545

336 997

4 646

45

588

29 103

402

13 688

65 208

42 100

5 045

5 085

120

2013 

26 742 
5 151 
38 867 
23 945 
352 774 
280 311 
336 736 
4 643 
45 
587 
29 081 
401 
13 678 
65 160 
42 100 
5 041 
5 082 
120 

The  national  ceilings  in  Annex  VIII  to  Regulation  (EC)  No  73/2009  for  Italy 
corresponding  to  years  2008,  2009  and  2010  are  reduced  by  EUR  20  million  and 
those amounts have been included in the budget amounts of Italy for the years 2009, 
2010 and 2011 as laid down in this table. 

BG 
CZ 
DE 
EL 
ES 
FR 
IT(*) 
CY 
LT 
LU 
HU 
MT 
AT 
PT 
RO 
SI 
SK 
UK 

(*) 

EN 

285 

   EN 

 
 
INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 159(3) 

ANNEX XI 

- Codex Alimentarius 

- United Nations Economic Commission for Europe 

EN 

286 

   EN 

 
 
ANNEX XII 

DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS 
REFERRED TO IN ARTICLE 163 

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. 

Part I. Meat of bovine animals aged 12 months or less 

I. 

DEFINITION 

For the purposes of this Part of this Annex, “meat” means all carcases, meat on the bone or 
boned, and offal, whether or not cut, intended for human consumption, obtained from bovine 
animals  aged  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 

II. 

1. 

Category identification letter: Z. 

SALES DESCRIPTIONS 

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  

Czech Republic  

Denmark  

Germany  

Estonia  

EN 

veau, viande de veau/kalfsvlees/Kalbfleisch 

месо от малки телета 

Telecí 

Lyst kalvekød 

Kalbfleisch 

Vasikaliha 

287 

   EN 

 
 
 
Greece  

Spain  

France  

Ireland  

Italy  

Cyprus  

Latvia  

Lithuania  

Luxembourg  

Hungary  

Malta  

Netherlands  

Austria  

Poland  

Portugal  

Romania  

Slovenia  

Slovakia  

Finland  

Sweden  

United Kingdom  

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 

Veal 

(B)  For the meat of bovine animals aged more than 8 months but not more than 12 

months [(Category identification letter: Z)]: 

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  

EN 

Kalvekød 

Jungrindfleisch 

noorloomaliha 

288 

   EN 

 
 
 
Greece  

Spain  

France  

Ireland  

Italy  

Cyprus  

Latvia  

Lithuania  

Luxembourg  

Hungary  

Malta  

Netherlands  

Austria  

Poland  

Portugal  

Romania  

Slovenia  

Slovakia  

Finland  

Sweden  

United Kingdom  

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 

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 

289 

   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 XIII, 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 XIII, 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 162(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  162(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 163(2), Member States may allow the use of 
the term “wine” if:  

EN 

290 

   EN 

 
 
 
 
 
(a) 

it is accompanied by the name of a fruit in the form of a composite name 
to  market  products  obtained  by  the  fermentation  of  fruit  other  than 
grapes; or 

(b) 

it is part of a composite name. 

Any  confusion  with  products  corresponding  to  the  wine  categories  in  this 
Annex shall be avoided. 

(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 162(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 162(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 162(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, 

EN 

291 

   EN 

 
 
 
– 

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

(ii) 

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

– 

– 

concentrated grape must, 

a combination of one of the products referred to in point (e)(i) 
with a grape must referred to in the first and fourth indent of 
point (c); 

(f) 

to which, by way of derogation from point (e), has been added, in so far 
as  certain  liqueur  wines  with  a  protected  designation  of  origin  or  a 
protected geographical indication are concerned which appear on a list to 
be drawn up by the Commission by means of delegated acts pursuant to 
Article 162(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 

EN 

292 

   EN 

 
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 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 162(1).  

EN 

293 

   EN 

 
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 162(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) 

(b) 

(c) 

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

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 

EN 

294 

   EN 

 
 
(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 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 162(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  sub-paragraph  of  Article  165(1)  and  Article  172(d)  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  sub-paragraph  of  Article  165(1) 
and Article 172(d) 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: 

EN 

295 

   EN 

 
 
 
 
 
 
 
– 

– 

– 

– 

– 

– 

– 

– 

– 

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, 

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. 

EN 

296 

   EN 

 
 
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) 

(b) 

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

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, 

EN 

297 

   EN 

 
(ix)  yogurt, 

(x)  kephir, 

(xi)  koumiss, 

(xii)  viili/fil, 

(xiii)  smetana, 

(xiv)  fil; 

3. 

4. 

5. 

6. 

(b)  names within the meaning of Article 5 of Directive 2000/13/EC actually 

used for milk products. 

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. 

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/EC48 or any 
form  of  presentation,  may  be  used  which  claims,  implies  or  suggests  that  the 
product is a dairy product. 

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

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; 

48 

OJ L 376, 27.12.2006, p. 21. 

EN 

298 

   EN 

 
 
 
                                                 
(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. 

(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); 

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). 

(c) 

(d) 

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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  90/496/EEC49.  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. 

49 

OJ L 276, 6.10.1990, p. 40. 

EN 

300 

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Part V.Products of the poultrymeat sector 

I 

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. 

II 

Definitions 

(1) 

(2) 

(3) 

(4) 

(5) 

'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; 

“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/EEC50. 

“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.  

50 

OJ L 40, 11. 2. 1999, p. 34. 

EN 

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   EN 

 
 
                                                 
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. 

EN 

302 

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Part VI.Spreadable fats 

The  products  referred  to  in  Article  163  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)  milk fats falling within CN codes 0405 and ex2106; 

(b) 

fats falling within CN code ex1517; 

(c) 

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

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

However, 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. 

EN 

303 

EN 

 
  
Fat group 

Definitions 

A. Milk fats 

1. Butter 

Sales description 

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 %. 

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 (*) 

The product with a milk-fat content of not less than 60 % but not more than 62 %. 

3. Half fat butter (**) 

The product with a milk-fat content of not less than 39 % but not more than 41 %. 

4. Dairy spread X % 

The product with the following milk-fat contents: 

- 

- 

- 

less than 39 %, 

more than 41 % but less than 60 %, 

more than 62 % but less than 80 %. 

B. Fats 

Products in the form of a solid, malleable emulsion, principally of the water-in-oil 
type,  derived  from  solid  and/or  liquid  vegetable  and/or  animal  fats  suitable  for 
human  consumption,  with  a  milk-fat  content  of  not  more  than  3 %  or  the  fat 
content. 

1. Margarine 

The  product  obtained  from  vegetable  and/or  animal  fats  with  a  fat  content  of  not  less  than 
80 % but less than 90 %. 

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

The  product  obtained  from  vegetable  and/or  animal  fats  with  a  fat  content  of  not  less  than 
60 % but nor more than 62 %. 

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

The  product  obtained  from  vegetable  and/or  animal  fats  with  a  fat  content  of  not  less  than 
39 % but not more than 41 %. 

4. Fat spreads X % 

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

- 

- 

- 

less than 39 %, 

more than 41 % but less than 60 %, 

more than 62 % but less than 80 %. 

EN 

304 

EN 

 
  
 
 
 
 
Fat group 

Definitions 

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. 

Sales description 

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 %. 

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

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 %. 

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

4. Blended spread X % 

The product obtained from a mixture of vegetable and/or animal fats with a fat content of not 
less than 39 % but not more than 41 %. 

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

- 

- 

- 

less than 39 %, 

more than 41 % but less than 60 %, 

more than 62 % but less than 80 %. 

(*) 

corresponding to ‘smør 60’ in Danish. 

(**) 

corresponding to ‘smør 40’ in Danish. 

(***) 

corresponding to ‘margarine 60’ in Danish. 

(****) 

corresponding to ‘margarine 60’ in Danish. 

(*****) 

corresponding to ‘blandingsprodukt 60’ in Danish. 

(******) 

corresponding to ‘blandingsprodukt 40’ in Danish. 

Note:  The milk-fat component of the products listed in this Part may be modified only by physical processes. 

EN 

305 

EN 

 
  
 
 
 
 
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 
than  washing,  decantation, 
treatment  other 
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. 

EN 

306 

   EN 

 
 
 
 
 
 
 
 
(4)  CRUDE OLIVE-POMACE OIL 

Oil  obtained  from  olive  pomace  by  treatment  with  solvents  or  by  physical 
means  or  oil  corresponding  to  lampante  olive  oil,  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 Annex XII (referred to in Part II) 

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, 

EN 

307 

   EN 

 
 
 
 
 
– 

– 

– 

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

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

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

in  Slovakia, 
the  following  regions: 
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 

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   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 point 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-de-la-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, 

EN 

309 

   EN 

 
– 

– 

– 

– 

– 

– 

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 

310 

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(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 

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EN 

312 

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ANNEX XIII 
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  XII,  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 166. 

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 XII; 

(b)  2 %  volume  in  wine-growing  zone  B  referred  to  in  the  Appendix  to 

Annex XII; 

(c) 

1,5 %  volume  in  wine-growing  zones  C  referred  to  in  the  Appendix  to 
Annex XII. 

3. 

In  years  when  climatic  conditions  have  been  exceptionally  unfavourable, 
Member States may request that the limit(s) laid down in point 2 be raised by 
0,5  %.  In  response  to  such  a  request,  the  Commission  under  the  powers  as 
referred to in Article 172 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. 

2. 

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 

EN 

313 

   EN 

 
grape must and an aid has been paid under Article 103y of Regulation (EC) No 
1234/2007. 

3. 

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

(a)  wine-growing zone A referred to in the Appendix to Annex XII; 

(b)  wine-growing zone B referred to in the Appendix to Annex XII; 

(c)  wine-growing zone C referred to in the Appendix to Annex XII, 

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 XII. 

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 

314 

   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  XII  to 
more than 11,5 % volume; 

in  wine-growing  zone  B  referred  to  in  the  Appendix  to  Annex  XII  to 
more than 12 % volume; 

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

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

in wine-growing zone C III referred to in the Appendix to Annex XII 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 XII; 

(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 XII; 

acidification and de-acidification in wine-growing zones C I, C II and C 
III  (a)  referred  to  in  the  Appendix  to  Annex  XII,  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 XII. 

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 

315 

   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 XII, 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  162(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  162(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 
162(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 306, 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 

316 

   EN 

 
(a) 

(b) 

in wine-growing zone C referred to in the Appendix to Annex XII after 1 
January; 

in  wine-growing  zones  A  and  B  referred  to  in  the  Appendix  to  Annex 
XII 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)  of  the  Treaty 
pursuant  to  the  international  obligations  of  the  Union,  fresh  grapes,  grape 

EN 

317 

   EN 

 
must,  grape  must  in  fermentation,  concentrated  grape  must,  rectified 
concentrated  grape  must,  grape  must  with  fermentation  arrested  by  the 
addition  of  alcohol,  grape  juice,  concentrated  grape  juice  and  wine,  or 
mixtures  of  those  products,  originating  in  third  countries,  may  not  be  turned 
into  products  referred  to  in  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) of the Treaty 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  162(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 162(1). 

EN 

318 

   EN 

 
 
ANNEX XIV 

EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-MEMBER 
PRODUCERS PURSUANT TO ARTICLE 218 AND ARTICLE 224 

1. 

Rules on production information 

(a) 

notification  of  growing  intentions,  by  product  and  where  appropriate  by 
variety; 

(b)  notification of sowings and plantings; 

(c) 

notification of total areas grown, by product and if possible variety; 

(d)  notification  of  anticipated  tonnages  and  probable  cropping  dates  by  product 

and if possible variety; 

(e) 

periodic notification of quantities cropped and available stocks, by variety; 

(f) 

information on storage capacities. 

2. 

Production rules 

(a) 

choice  of  seed 
market/industrial processing); 

to  be  used  according 

to 

intended  destination  (fresh 

(b) 

thinning in orchards. 

3. 

Marketing rules 

(a) 

specified dates for commencement of cropping, staggering of marketing; 

(b)  minimum quality and size requirements; 

(c) 

preparation, presentation, packaging and marking at first marketing stage; 

(d) 

indication of product origin. 

4. 

Rules on the protection of the environment 

(a) 

use of fertiliser and manure; 

(b)  use of plant-health products and other crop protection methods; 

(c)  maximum residue content in fruit and vegetables of plant-health products and 

fertilisers; 

(d) 

rules on disposal of by-products and used material; 

(e) 

rules concerning products withdrawn from the market. 

5. 

Rules  on  promotion  and  communication  in  the  context  of  crisis  prevention  and 
management as referred to in Article 121(2)(c). 

EN 

319 

   EN 

 
 
IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 242 AND 244 

ANNEX XV 

1. 

Import duties for husked rice 

(a)  EUR 30 per tonne in the following cases: 

(i)  where it is noted that the imports of husked rice made over the course of 
the marketing year just ended did not reach the annual reference quantity 
referred to in the first subparagraph of Article 242(3), less 15 %; 

(ii)  where it is noted that the imports of husked rice made over the course of 
the  first  six  months  of  the  marketing  year  do  not  reach  the  partial 
reference  quantity 
the  second  subparagraph  of 
in 
Article 242(3), less 15 %; 

referred 

to 

(b)  EUR 42,5 per tonne in the following cases: 

(i)  where it is noted that the imports of husked rice made over the course of 
the  marketing  year  just  ended  exceed  the  annual  reference  quantity 
referred to in the first subparagraph of Article 242(3), less 15 %, but do 
not exceed that same annual reference quantity plus 15 %; 

(ii)  where  it  is  noted  that  the  imports  of  husked  rice  made  in  the  first  six 
months  of  the  marketing  year  exceed  the  partial  reference  quantity 
referred  to  in  the  second  subparagraph  of  Article 242(3),  less  15 %,  but 
do not exceed that same partial reference quantity plus 15 %; 

(c)  EUR 65 per tonne in the following cases: 

(i)  where it is noted that the imports of husked rice made over the course of 
the  marketing  year  just  ended  exceed  the  annual  reference  quantity 
referred to in the first subparagraph of Article 242(3), plus 15 %; 

(ii)  where it is noted that the imports of husked rice made over the course of 
the  first  six  months  of  the  marketing  year  exceed  the  partial  reference 
quantity  referred  to  in  the  second  subparagraph  of  Article 242(3),  plus 
15 %. 

2. 

Import duties for milled rice 

(a)  EUR 175 per tonne in the following cases: 

(i)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 

during the marketing year just ended exceed 387 743 tonnes; 

(ii)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 
during the first six months of the marketing year exceed 182 239 tonnes; 

(b)  EUR 145 per tonne in the following cases: 

EN 

320 

   EN 

 
 
(i)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 
during the marketing year just ended do not exceed 387 743 tonnes; 

(ii)  where  it  is  noted  that  imports  of  semi-milled  and  wholly  milled  rice 
during  the  first  six  months  of  the  marketing  year  do  not  exceed 
182 239 tonnes. 

EN 

321 

   EN 

 
ANNEX XVI 

VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 243 

Basmati 217 

Basmati 370 

Basmati 386 

Kernel (Basmati) 

Pusa Basmati 

Ranbir Basmati 

Super Basmati 

Taraori Basmati (HBC-19) 

Type-3 (Dehradun) 

EN 

322 

   EN 

 
 
ANNEX XVII 

LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGGS SECTORS 
FOR THE PURPOSE OF ARTICLE 16(a)(ii) AND FOR THE GRANTING OF 
EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF 
PART III 

CN code 

ex 

0403 

0403 10 

0403 10 51 to 
0403 10 99 

0403 90 

0403 90 71 to 
0403 90 99 

Part I: Cereals 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or  acidified  milk  and  cream, 
whether  or  not  concentrated  or  containing  added  sugar  or  other  sweetening  matter  or  flavoured  or 
containing added fruit, nuts or cocoa: 

– Yoghurt: 

– – Flavoured or containing added fruit, nuts or cocoa 

– Other: 

– – Flavoured or containing added fruit, nuts or cocoa 

ex 

0710 

Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 

0710 40 00 

– Sweetcorn 

ex 

0711 

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in 
other preservative solutions), but unsuitable in that state for immediate consumption: 

0711 90 30 

– Sweetcorn 

ex 

1704 

1806 

ex 

1901 

1901 10 00 

1901 20 00 

1901 90 

1901 90 11 to 
1901 90 19 

1901 90 99 

ex 

1902 

Sugar  confectionery  (including  white  chocolate),  not  containing  cocoa,  except  liquorice  extract  of 
subheading 1704 90 10 

Chocolate and other food preparations containing cocoa 

Malt  extract;  food  preparations  of  flour,  groats,  meal,  starch  or  malt  extract,  not  containing  cocoa  or 
containing  less  than  40 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified  or  included;  food  preparations  of  goods  of  headings  0401  to  0404,  not  containing  cocoa  or 
containing  less  than  5 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 

– Preparations for infant use, put up for retail sale 

– Mixes and doughs for the preparation of bakers' wares of heading 1905 

– Other: 

– – Malt extract 

– – Other: 

– – – Other 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as 
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 

– Uncooked pasta, not stuffed or otherwise prepared: 

1902 11 00 

1902 19 

– – Containing eggs 

– – Other 

ex 

1902 20 

– Stuffed pasta, whether or not cooked or otherwise prepared: 

1902 20 91 

1902 20 99 

1902 30 

1902 40 

1903 00 00 

– – Other: 

– – – Cooked 

– – – Other 

– Other pasta 

– Couscous 

Tapioca and substitutes therefore prepared from starch, in the form of flakes, grains, pearls, siftings or 
similar forms 

EN 

323 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

1904 

1905 

Prepared  foods  obtained  by  the  swelling  or  roasting  of  cereals  or  cereal  products  (for  example,  corn 
flakes);  cereals  (other  than  maize(corn))  in  grain  form  or  in  the  form  of  flakes  or  other  worked  grains 
(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included: 

Bread,  pastry,  cakes,  biscuits  and  other  bakers'  wares,  whether  or  not  containing  cocoa;  communion 
wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar 
products 

ex 

2001 

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 

2001 90 30 

2001 90 40 

ex 

2004 

2004 10 

2004 10 91 

2004 90 

2004 90 10 

ex 

2005 

2005 20 

2005 20 10 

2005 80 00 

ex 

2008 

– Other: 

– – Sweetcorn (Zea mays var. saccharata) 

– – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  frozen,  other  than 
products of heading 2006: 

– Potatoes: 

– – Other: 

– – – In the form of flour, meal or flakes 

– Other vegetables and mixtures of vegetables: 

– – Sweetcorn (Zea mays var. saccharata) 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than 
products of heading 2006: 

– Potatoes: 

– – In the form of flour, meal or flakes 

– Sweetcorn (Zea mays var. saccharata) 

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing 
added sugar or other sweetening matter or spirit, not elsewhere specified or included: 

– Other, including mixtures other than those of subheading 2008 19: 

2008 99 

– – Other: 

– – – Not containing added spirit: 

– – – – Not containing added sugar: 

2008 99 85 

2008 99 91 

ex 

2101 

2101 12 

2101 12 98 

2101 20 

2101 20 98 

2101 30 

– – – – – Maize (corn), other than sweetcorn (Zea mays var. saccharata) 

– – – – – Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of

starch 

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products 
or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, 
essences and concentrates thereof: 

– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 

– – – Other 

–  Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a  basis  of  these  extracts, 

essences or concentrates, or with a basis of tea or maté: 

– – – Other 

Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: 

– – Roasted chicory and other roasted coffee substitutes: 

2101 30 19 

– – – Other 

– – Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes: 

2101 30 99 

– – – Other 

EN 

324 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex 

2102 

2102 10 

2102 10 31 and 
2102 10 39 

Yeasts  (active  or  inactive);  other  single-cell  micro-organisms,  dead  (but  not  including  vaccines  of 
heading 3002); prepared baking powders: 

Description 

– Active yeasts 

– – Bakers' yeast 

2105 00 

Ice cream and other edible ice, whether or not containing cocoa 

ex 

2106 

2106 90 

Food preparations not elsewhere specified or included: 

– Other: 

– – Other: 

2106 90 92 

– – – Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than

1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch 

2106 90 98 

– – – Other 

2202 

2205 

ex 

2208 

Waters, including mineral waters and aerated water, containing added sugar or other sweetening matter 
or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 

Vermouth and other wine or fresh grapes flavoured with plants or aromatic substances 

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and 
other spirit drinks: 

2208 30 

2208 30 30 to 
2208 30 88 

2208 50 

2208 60 

2208 70 

2208 90 

2208 90 41 

2208 90 52 

2208 90 56 

2208 90 69 

2208 90 77 

2208 90 78 

2905 43 00 

2905 44 

ex 

3302 

– Whiskies: 

– – Other than Bourbon whiskey 

– Gin and Geneva 

– Vodka 

– Liqueurs and cordials 

– Other: 

– – Other spirits and other spirit drinks, in containers holding: 

– – – 2 litres or less: 

– – – – Ouzo 

– – – – Other: 

– – – – – Spirits (excluding liqueurs): 

– – – – – – Other: 

– – – – – – – Korn 

– – – – – – – Other 

– – – – – Other spirituous beverages 

– – – More than 2 litres: 

– – – – Spirits (excluding liqueurs): 

– – – – – Other 

– – – – Other spirituous beverages 

– – Mannitol 

– – D-glucitol (sorbitol) 

Mixtures of odoriferous substances and  mixtures (including alcoholic solutions) with a basis of one or 
more  of  these  substances,  of  a  kind  used  as  raw  materials  in  industry;  other  preparations  based  on 
odoriferous substances, of a kind used for the manufacture of beverages: 

EN 

325 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

3302 10 

– Of a kind used in the food or drink industries: 

– – Of a kind used in the drink industries: 

– – – Preparations containing all flavouring agents characterising a beverage: 

3302 10 29 

3505 

ex 

3809 

– – – – Other: 

– – – – – Other 

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on 
starches, or on dextrins or other modified starches 

Finishing  agents,  dye  carriers  to  accelerate  the  dyeing  or  fixing  of  dyestuffs  and  other  products  and 
preparations (for example, dressings and  mordants), of a kind used in the textile, paper, leather or like 
industries, not elsewhere specified or included: 

3809 10 

3824 60 

– With a basis of amylaceous substances 

– Sorbitol other than that of subheading 2905 44 

CN code 

ex 

0403 

0403 10 

0403 10 51 to 
0403 10 99 

0403 90 

0403 90 71 to 
0403 90 99 

Part II: Rice 

Description 

Buttermilk, curdled  milk and cream, yoghurt, kephir and other fermented or acidified  milk and cream, 
whether  or  not  concentrated  or  containing  added  sugar  or  other  sweetening  matter  or  flavoured  or 
containing added fruit, nuts or cocoa: 

– Yoghurt: 

– – Flavoured or containing added fruit, nuts or cocoa 

– Other: 

– – Flavoured or containing added fruit, nuts or cocoa 

ex 

1704 

Sugar confectionery (including white chocolate), not containing cocoa: 

1704 90 51 to 
1704 90 99 

– – Other 

ex 

1806 

ex 

1901 

1901 10 00 

1901 20 00 

1901 90 

1901 90 11 to 
1901 90 19 

1901 90 99 

ex 

1902 

Chocolate  and  other  food  preparations  containing  cocoa,  except  goods  of  subheadings  1806  10, 
1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90 

Malt  extract;  food  preparations  of  flour,  groats,  meal,  starch  or  malt  extract,  not  containing  cocoa  or 
containing  less  than  40 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified  or  included;  food  preparations  of  goods  of  headings  0401  to  0404,  not  containing  cocoa  or 
containing  less  than  5 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 

– Preparations for infant use, put up for retail sale 

– Mixes and doughs for the preparation of bakers' wares of heading 1905 

– Other: 

– – Malt extract 

– – Other: 

– – – Other 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as 
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 

1902 20 

– Stuffed pasta, whether or not cooked or otherwise prepared: 

1902 20 91 

1902 20 99 

1902 30 

– – Other 

– – – Cooked 

– – – Other 

– Other pasta 

EN 

326 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

1902 40 

1902 40 90 

1904 

ex 

1905 

– Couscous: 

– – Other 

Description 

Prepared  foods  obtained  by  the  swelling  or  roasting  of  cereals  or  cereal  products  (for  example,  corn 
flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains 
(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included 

Bread,  pastry,  cakes,  biscuits  and  other  bakers'  wares,  whether  or  not  containing  cocoa;  communion 
wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar 
products: 

1905 90 20 

– –  Communion  wafers,  empty  cachets  of  a  kind  suitable  for  pharmaceutical  use,  sealing  wafers,  rice

paper and similar products 

ex 

2004 

2004 10 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  frozen,  other  than 
products of heading 2006: 

– Potatoes: 

– – Other: 

2004 10 91 

– – – In the form of flour, meal or flakes 

ex 

2005 

2005 20 

2005 20 10 

ex 

2101 

2101 12 

2101 12 98 

2101 20 

2101 20 98 

2105 00 

ex 

2106 

2106 90 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than 
products of heading 2006: 

– Potatoes: 

– – In the form of flour, meal or flakes 

Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products 
or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, 
essences and concentrates thereof: 

– – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 

– – – Other 

–  Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a  basis  of  these  extracts,

essences or concentrates, or with a basis of tea or maté: 

– – – Other 

Ice cream and other edible ice, whether or not containing cocoa 

Food preparations not elsewhere specified or included: 

– Other: 

– – Other: 

2106 90 92 

– – – Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than

1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch 

2106 90 98 

– – – Other 

ex 

3505 

ex 

3809 

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on 
starches, or on dextrins or other modified starches, except starches of subheading 3505 10 50 

Finishing  agents,  dye  carriers  to  accelerate  the  dyeing  or  fixing  of  dyestuffs  and  other  products  and 
preparations (for example, dressings and  mordants), of a kind used in the textile, paper, leather or like 
industries, not elsewhere specified or included: 

3809 10 

– With a basis of amylaceous substances 

EN 

327 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex 

0403 

0403 10 

0403 10 51 to 
0403 10 99 

0403 90 

0403 90 71 to 
0403 90 99 

Part III: Sugar 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or  acidified  milk  and  cream, 
whether  or  not  concentrated  or  containing  added  sugar  or  other  sweetening  matter  or  flavoured  or 
containing added fruit, nuts or cocoa: 

– Yogurt: 

– – Flavoured or containing added fruit, nuts or cocoa 

– Other: 

– – Flavoured or containing added fruit, nuts or cocoa 

ex 

0710 

Vegetables (uncooked or cooked by steaming or by boiling in water), frozen: 

0710 40 00 

– Sweetcorn 

ex 

0711 

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in 
other preservative solutions), but unsuitable in that state for immediate consumption: 

0711 90 

– Other vegetables; mixtures of vegetables: 

0711 90 30 

1702 50 00 

ex 

1704 

1806 

ex 

1901 

1901 10 00 

1901 20 00 

1901 90 

1901 90 99 

ex 

1902 

– – Vegetables: 

– – – Sweetcorn 

– Chemically pure fructose 

Sugar  confectionery  (including  white  chocolate),  not  containing  cocoa,  except  liquorice  extract  of 
subheading 1704 90 10 

Chocolate and other food preparations containing cocoa 

Malt  extract;  food  preparations  of  flour,  groats,  meal,  starch  or  malt  extract,  not  containing  cocoa  or 
containing  less  than  40 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified  or  included;  food  preparations  of  goods  of  headings  0401  to  0404,  not  containing  cocoa  or 
containing  less  than  5 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 

– Preparations for infant use, put up for retail sale 

– Mixes and doughs for the preparation of bakers' wares of heading 1905 

– Other: 

– – Other: 

– – – Other 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as 
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 

1902 20 

– Stuffed pasta, whether or not cooked or otherwise prepared: 

1902 20 91 

1902 20 99 

1902 30 

1902 40 

1902 40 90 

1904 

ex 

1905 

– – Other: 

– – – Cooked 

– – – Other 

– Other pasta 

– Couscous: 

– – Other 

Prepared  foods  obtained  by  the  swelling  or  roasting  of  cereals  or  cereal  products  (for  example,  corn 
flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains 
(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included 

Bread,  pastry,  cakes,  biscuits  and  other  bakers'  wares,  whether  or  not  containing  cocoa;  communion 
wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar 
products: 

1905 10 00 

– Crispbread 

EN 

328 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

1905 20 

1905 31 

1905 32 

1905 40 

1905 90 

1905 90 45 

1905 90 55 

1905 90 60 

1905 90 90 

– Gingerbread and the like 

– – Sweet biscuits 

– – Waffles and wafers 

– Rusks, toasted bread and similar toasted products 

– Other: 

– – Other: 

– – – Biscuits 

– – – Extruded or expanded products, savoury or salted 

– – – Other: 

– – – – With added sweetening matter 

– – – – Other 

ex 

2001 

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 

2001 90 

2001 90 30 

2001 90 40 

ex 

2004 

2004 10 

2004 10 91 

2004 90 

2004 90 10 

ex 

2005 

2005 20 

2005 20 10 

2005 80 00 

ex 

2101 

2101 12 

2101 12 98 

2101 20 

2101 20 98 

2101 30 

– Other: 

– – Sweetcorn (Zea mays var. saccharata) 

– – Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  frozen,  other  than 
products of heading 2006: 

– Potatoes 

– – Other 

– – – In the form of flour, meal or flakes 

– Other vegetables and mixtures of vegetables: 

– – Sweetcorn (Zea mays var. saccharata) 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than 
products of heading 2006): 

– Potatoes: 

– – In the form of flour, meal or flakes 

– Sweetcorn (Zea mays var. saccharata) 

Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products 
or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, 
essences and concentrates thereof: 

– Extracts, essences and concentrates, of coffee and preparations with a basis of these extracts, essences

or concentrates or with a basis of coffee: 

– – – Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: 

– – – – Other: 

–  Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a  basis  of  these  extracts,

essences or concentrates, or with a basis of tea or mate: 

– – – Preparations 

– – – – Other 

– Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: 

– – Roasted chicory and other roasted coffee substitutes: 

2101 30 19 

– – – Other 

– – Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute: 

2101 30 99 

2105 00 

– – – Other 

Ice cream and other edible ice, whether or not containing cocoa 

EN 

329 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex 

ex 

2106 

2106 90 

Food preparations not elsewhere specified or included: 

Description 

– Other: 

– – Other: 

2106 90 92 

– – – Containing no milk-fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than

1,5 % milk-fat, 5 % sucrose or isoglucose, 5 % glucose or starch 

2106 90 98 

– – – Other 

ex 

2202 

2205 

ex 

2208 

2208 20 

ex 

2208 50 

2208 70 

ex 

2208 90 

2208 90 41 

2208 90 45 

2208 90 48 

2208 90 52 

2208 90 56 

2208 90 69 

2208 90 71 

2208 90 77 

2208 90 78 

2905 43 00 

2905 44 

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter 
or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009, 
except beer made from malt, of an alcoholic strength by volume not exceeding 0,5% vol 

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances 

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and 
other spirit drinks: 

– Spirits obtained by distilling grape wine or grape marc 

– Geneva 

– Liqueurs and cordials 

– Other: 

– – Other spirits and other spirit drinks, in containers holding: 

– – – 2 litres or less: 

– – – – Ouzo 

– – – – Other: 

– – – – – Spirits (excluding liqueurs): 

– – – – – – Distilled from fruit 

– – – – – – – Calvados 

– – – – – – – Other 

– – – – – – Other: 

– – – – – – – Korn 

– – – – – – – Other 

– – – – – Other spirituous beverages 

– – – More than 2 litres: 

– – – – Spirits (excluding liqueurs): 

– – – – – Distilled from fruit 

– – – – – Other 

– – – – Other spirituous beverages 

– – Mannitol 

– D-glucitol (sorbitol) 

ex 

3302 

Mixtures of odoriferous substances and  mixtures (including alcoholic solutions) with a basis of one or 
more  of  these  substances,  of  a  kind  used  as  raw  materials  in  industry;  other  preparations  based  on 
odoriferous substances, of a kind used for the manufacture of beverages: 

3302 10 

– Of a kind used in the food or drink industries 

– – Of a kind used in the drink industries: 

– – – Preparations containing all flavouring agents characterising a beverage: 

– – – – – Other (of an actual alcoholic strength by volume not exceeding 0,5 %) 

3302 10 29 

– – – – – Other 

ex  Chapter 38 

Miscellaneous chemical products: 

3824 60 

– Sorbitol other than that of subheading 2905 44 

EN 

330 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

Description 

ex 

0405 

Butter and other fats and oils derived from milk; dairy spreads: 

Part IV: Milk 

0405 20 

0405 20 10 

0405 20 30 

ex 

1517 

1517 10 

1517 10 10 

1517 90 

1517 90 10 

ex 

ex 

1704 

1704 90 

– Dairy spreads: 

– – Of a fat content, by weight, of 39 % or more but less than 60 % 

– – Of a fat content, by weight, of 60 % or more but not exceeding 75 % 

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different 
fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: 

– Margarine, excluding liquid margarine: 

– – Containing, by weight, more than 10 % but not more than 15 % of milkfats 

– Other: 

– – Containing, by weight, more than 10 % but not more than 15 % of milkfats 

Sugar confectionery (including white chocolate), not containing cocoa: 

– Other, excluding liquorice extract containing more than 10 % by weight of sucrose but not containing

other added substances 

EN 

331 

   EN 

 
 
 
 
 
 
 
 
 
CN code 

Description 

ex 

1806 

ex 

1901 

1901 10 00 

1901 20 00 

1901 90 

1901 90 99 

ex 

1902 

1902 19 

1902 20 

1902 20 91 

1902 20 99 

1902 30 

1902 40 

1902 40 90 

1904 

ex 

1905 

Chocolate  and  other  food  preparations  containing  cocoa,  excluding  cocoa  powder  sweetened  solely  by 
the addition of sucrose of subheading ex 1806 10 

Malt  extract;  food  preparations  of  flour,  groats,  meal,  starch  or  malt  extract,  not  containing  cocoa  or 
containing  less  than  40 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified  or  included;  food  preparations  of  goods  of  headings  0401  to  0404,  not  containing  cocoa  or 
containing  less  than  5 %  by  weight  of  cocoa  calculated  on  a  totally  defatted  basis,  not  elsewhere 
specified or included: 

– Preparations for infant use, put up for retail sale 

– Mixes and doughs for the preparation of bakers' wares of heading 1905 

– Other: 

– – Other: 

– – – Other 

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as 
spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: 

– Uncooked pasta, not stuffed or otherwise prepared: 

– – Other 

– Stuffed pasta, whether or not cooked or otherwise prepared: 

– – Other: 

– – – Cooked 

– – – Other 

– Other pasta 

– Couscous: 

– – Other 

Prepared  foods  obtained  by  the  swelling  or  roasting  of  cereals  or  cereal  products  (for  example,  corn 
flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains 
(except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included 

Bread,  pastry,  cakes,  biscuits  and  other  bakers'  wares,  whether  or  not  containing  cocoa;  communion 
wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper  and similar 
products: 

1905 10 00 

1905 20 

Crispbread 

– Gingerbread and the like 

1905 31 

1905 32 

1905 40 

1905 90 

1905 90 45 

1905 90 55 

1905 90 60 

1905 90 90 

ex 

2004 

2004 10 

– Sweet biscuits; waffles and wafers: 

– – Sweet biscuits 

– – Waffles and wafers 

– Rusks, toasted bread and similar toasted products 

– Other: 

– – Other: 

– – – Biscuits 

– – – Extruded or expanded products, savoury or salted 

– – – Other: 

– – – – with added sweetening matter 

– – – – Other 

Other  vegetables  prepared  or  preserved  otherwise  than  by  vinegar  or  acetic  acid,  frozen,  other  than 
products of heading 2006: 

– Potatoes: 

– – Other: 

2004 10 91 

– – – In the form of flour, meal or flakes 

EN 

332 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex 

2005 

2005 20 

2005 20 10 

2105 00 

ex 

2106 

2106 90 

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than 
products of heading 2006: 

Description 

– Potatoes: 

– – In the form of flour, meal or flakes 

Ice cream and other edible ice, whether or not containing cocoa 

Food preparations not elsewhere specified or included: 

– Other: 

– – Other: 

2106 90 92 

– – –  Containing  no milkfats,  sucrose,  isoglucose, glucose  or  starch  or  containing,  by  weight,  less  than 
1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch 

2106 90 98 

– – – Other 

ex 

2202 

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter 
or  flavoured,  and  other  non-alcoholic  beverages,  not  including  fruit  and  vegetable  juices  of 
heading 2009: 

2202 90 

– Other: 

– – Other, containing by weight of fat obtained from the products of headings 0401 to 0404: 

2202 90 91 

2202 90 95 

2202 90 99 

ex 

2208 

2208 70 

2208 90 

– – – Less than 0,2 % 

– – –0,2 % or more but less than 2 % 

– – – 2 % or more 

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and 
other spirit drinks: 

– Liqueurs and cordials 

– Other: 

– – Other spirits and spirit drinks, in containers holding: 

– – – 2 litres or less: 

– – – – Other: 

2208 90 69 

– – – – – Other spirit drinks 

2208 90 78 

– – – – Other spirit drinks 

– – – More than 2 litres: 

ex 

3302 

Mixtures  of  odoriferous  substances  and  mixtures (including  alcoholic  solutions)  with  a  basis  of  one  or 
more  of  these  substances,  of  a  kind  used  as  raw  materials  in  industry;  other  preparations  based  on 
odoriferous substances, of a kind used for the manufacture of beverages: 

3302 10 

– Of a kind used in the food or drink industries: 

3302 10 29 

3501 

ex 

3502 

– – Of a kind used in the drink industries: 

– – – Preparations containing all flavouring agents characterising a beverage: 

– – – – Other: 

– – – – – Other 

Casein, caseinates and other casein derivatives; casein glues 

Albumins, (including concentrates of two or more whey proteins, containing by weight more than 80 % 
whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: 

3502 20 

– Milk albumin, including concentrates of two or more whey proteins: 

– – Other: 

3502 20 91 

3502 20 99 

– – – Dried (for example in sheets, scales, flakes, powder) 

– – – Other 

EN 

333 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
CN code 

ex 
ex 
ex 
ex 

0403 10 51 to 
0403 10 99 and 
0403 90 71 to 
0403 90 99 

1806 

ex 

1901 

Part V: Eggs 

Description 

Buttermilk,  curdled  milk  and  cream,  yogurt,  kephir  and  other  fermented  or  acidified  milk  and  cream, 
flavoured or containing added fruit, nuts or cocoa, whether or not concentrated or containing added sugar or 
other sweetening matter or flavoured or containing added fruit, nuts or cocoa. 

Chocolate and other food preparations containing cocoa 

Food  preparations  of  goods  of  headings  0401  to  0404,  containing  less  than  5 %  by  weight  of  cocoa 
calculated on a totally defatted basis, not elsewhere specified or included 

1902 11 00 

– Uncooked pasta, not stuffed or otherwise prepared, containing eggs 

ex 

1904 

ex 

1905 

1905 20 

1905 31 

1905 32 

1905 40 

1905 90 

2105 00 

2208 

ex 

ex 

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); 
cereals(other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour, 
groats and meal), precooked or otherwise prepared, not elsewhere specified or included, containing cocoa 

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, 
empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: 

– Gingerbread and the like 

– – Sweet biscuits 

– – Waffles and wafers 

– – Rusks, toasted bread and similar toasted products 

– – Other, with the exception of products falling within subheading codes 1905 90 10 to 1905 90 30 

Ice cream and other edible ice, containing cocoa 

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and 
other spirit drinks: 

ex 

220870 

– – Liqueurs 

3502 

3502 11 90 

3502 19 90 

Albumins  (including  concentrates  of  two  or  more  whey  proteins,  containing  by  weight  more  than  80 % 
whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: 

– – – Other dried egg albumin 

– – – Other egg albumin 

EN 

334 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
ANNEX XVIII 

LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE 
GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF 
CHAPTER III OF PART III 

The products listed in point (b) of Part X of Annex I. 

EN 

335 

   EN 

 
 
 
ANNEX XIX 

BUDGET ALLOCATION FOR RURAL DEVELOPMENT IN WINE PRODUCING 
REGIONS REFFERRED TO IN ARTICLE 314(3) 

Budget year 

2009 

2010 

in 1 000 EUR 

From 2011 
onwards 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LT 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

— 

— 

— 

— 

15 491 

11 849 

13 160 

— 

— 

— 

— 

— 

— 

— 

— 

— 

— 

160 

— 

— 

— 

— 

30 950 

23 663 

26 287 

— 

— 

— 

— 

— 

— 

— 

— 

1 050 

— 

160 

— 

— 

— 

— 

46 441 

35 512 

39 447 

— 

— 

— 

— 

— 

— 

— 

— 

1 050 

— 

160 

EN 

336 

   EN 

 
 
 
 
ANNEX XX 

CORRELATION TABLE REFERRED TO IN ARTICLE 325(3) 

Regulation (EC) No 1234/2007 

This Regulation 

Article 1 

Article 2 

Article 3 

Article 4 

Article 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18(1) to (4) 

Article 18(5) 

Article 19 

Article 20 

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 1 

Article 2 

Article 3 

— 

Articles 4 and 5 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

— 

— 

— 

— 

Article 14 

— 

— 

— 

— 

— 

— 

— 

Article 15 

Article 16 

Article 17 

Article 20 

Article 21 

— 

EN 

337 

   EN 

 
 
Article 31 

Article 32 

Article 33 

Article 34 

Article 35 

Article 36 

Article 37 

Article 38 

Article 39 

Article 40 

Article 41 

Article 42 

Article 22  

Article 23 

Article 24 

Article 25 

— 

— 

Article 26 

Article 27 

Article 28 

Article 29 

Article 30 

Article 34 

Article 43(a) to (f), (i), (j) and (l) 

Articles 31, 32 and 33 

Article 43(k)  

Article 43(g) and (h) 

Article 43(m) 

Article 30(1) 

Article 80 

Articles 35 and 36 

Article 44 

Article 45 

Article 46 

Article 47 

Article 48 

Article 49 

Article 50 

Article 51 

Article 52 

Article 52a 

Article 53 

Article 54 

Article 55 

Article 56 

Article 57 

Article 58 

Article 59(1), first sentence 

Article 37 

Article 38 

Article 39 

Article 40 

Article 41 

Article 42 

Article 43 

Article 44 

Article 45 

— 

Article 46  

Articles 47 and 48 

Article 49 

Article 50 

Article 51 

— 

Article 52  

Article 59(1), second sentence and (2) 

— 

Article 60(1) to (3) 

Article 53 

EN 

338 

   EN 

 
Article 60(4) 

Article 61 

Article 62 

Article 63 

Article 64 

Article 65 

Article 66(1)  

Article 66(2) 

Article 66(3) 

Article 66(4) 

Article 66(5) 

Article 67 

Article 68 

Article 69 

— 

Article 54 

Article 55 

Article 56 

Article 57 

Article 58 

Article 59(1) 

Article 59(2) 

Article 59(3) 

— 

Article 59(4) 

Article 59(5) 

Article 60 

Article 61 

Article 62(1) and (2) 

Article 62(3) 

Article 70(1) to (5), first subparagraph 

Article 63 

Article 70(5), last subparagraph 

— 

Article 71 

Article 72 

Article 73 

Article 74 

Article 75 

Article 76 

Article 77 

Article 78 

Article 79 

Article 80 

Article 81 

Article 82, first subparagraph 

Article 82, second subparagraph 

Article 83(1) to (3) 

Article 83(4) 

Article 84 

Article 84a 

Article 64 

Article 65 

Article 66 

Article 67 

Article 68 

Article 69 

Article 70 

Article 71 

Article 72 

Article 73(1) 

Article 74 

Article 75 

Article 81(i) 

Article 76 

Article 81(d) 

Article 77 

[Article 325(2)] 

EN 

339 

   EN 

 
 
 
Article 85(a), (b) and (c) 

Articles 78 and 79 

Article 85(d) 

Article 85a 

Article 85b 

Article 85c 

Article 85d 

Article 85e 

Article 85f 

Article 85g 

Article 85h 

Article 85i 

Article 85j 

Article 85k 

Article 85l 

Article 85m 

Article 85n 

Articles 85o to 85x 

Articles 86 to 90 

Article 91 to 95 

Article 95a 

Article 96 

Article 97 

Article 98 

Article 99 

Article 100 

Article 101 

Article 102 

Article 102a 

Article 103 

Article 103a 

Article 103b 

Article 103c 

Article 103d 

— 

Article 80 

Article 81 

Article 82 

Article 83 

Article 84 

Article 85 

Articles 86 and 87 

Article 88 

Article 89 

Article 90 

Article 91 

Article 92 

Article 93 

Article 94 

Article 95 

Articles 96 and 97 

[Article 325(2)] 

[Article 325(2)] 

[Article 325(2)] 

[Article 325(2)] 

— 

Article 99 

Article 100 

Articles 101, 103 and 104 

Articles 102, 103 and 104 

— 

Articles 108, 109 and 110 

Articles 111, 112 and 113 

Articles 114, 115 and 116 

Articles 117, 118 and 119 

Article 120 

Article 121 

Article 122 

EN 

340 

   EN 

 
 
 
Article 103e 

Article 103f 

Article 103g 

Article 103ga 

Article 103h(a) to (i) 

Article 103h(f) 

Article 103i 

Article 103j 

Article 103k 

Article 103l 

Article 103m 

Article 103n 

Article 103o 

Article 103p 

Article 103q 

Article 103r 

Article 103s 

Article 103t 

Article 103u 

Article 103v 

Articles 103w to 103y 

Article 103z 

Article 103za 

Article 104 

Article 105 

Article 106 

Article 107 

Article 108 

Article 109 

Article 110 

Article 111 

Article 123 

Article 124 

Article 125  

Article 128 

Articles 126 and 127 

Articles 129 and 130 

Article 131 

Article 132 

Article 133 

Article 134 

Article 135 

Article 136 

Article 137 

Article 138 

Article 139 

Article 140 

Article 141 

Article 142 

Article 143 

Article 144 

[Article 325(2)] 

Article 145 

Articles 146 and 147 

- 

Article 148 

Article 149 

Article 150 

Article 151 

Article 152 

Articles 153 and 154 

Article 155(1), (2) and (4) 

[Council Regulation (EEC) No 922/72] 

Article 155(3) 

Article 112 

Article 113(1) 

Article 113(2)(a) 

Articles 156 and 157 

Articles 162(1) and (2) and 172(d) 

Article 162(3) 

EN 

341 

   EN 

 
Article 113(2)(b) 

Article 113(3) first sub-paragraph 

Article113(3) second sub-paragraph 

Article 113a 

Article 113b(1) 

Article 113b(2) 

Article 113c 

Article 162(2) 

Article 161 

Article 171 

[Article 325(2)] 

Article  163(1)  in  conjunction  with  Annex 
XII, Part I 

Annex XII, Part I(II)(4) 

Article 98 

Article 113d(1) first sub-paragraph 

Article 163(2) 

Article 113d(1) second sub-paragraph 

Annex XII, Part II(1) fifth sub-paragraph 

Article 113d(2) 

Article 113d(3) 

Article 114 

Article 115 

Article 116 

Article 117(1) to (4) 

Article 117(5) 

Article 118 

Article 118a 

Article 118b 

Article 118c 

Article 118d 

Article 118e 

Article 118f 

Article 118g 

Article 118h 

Article 118i 

Article 118j 

Article 118k 

Article 118l 

Article 118m 

Article 118n 

Article 118o 

Article 118p 

Article 163(3) 

Article 167 

[Article 325(2)] 

[Article 325(2)] 

[Article 325(2)] 

[Article 325(2)] 

Article 162(1) 

Article  163(2)  in  conjunction  with  Annex 
XII, Part VII first and second subparagraphs 

Article 173 

Article 174 

Article 175 

Article 176 

Article 177 

Article 178 

Article 179 

Article 180 

Article 181 

Article 182 

Article 183 

Article 184 

Article 185 

Article 186 

Article 187 

Article 188 

EN 

342 

   EN 

 
Article 118q 

Article 118r 

Article 118s 

Article 118t 

Article 118u 

Article 118v 

Article 118w 

Article 118x 

Article 118y 

Article 118z 

Article 118za 

Article 118zb 

Article 119 

Article 120 

Article 120a 

Article 120b 

Article 120c 

Article 120d 

Article 120e(1) 

Article 120e(2) 

Article 120f 

Article 120g 

Article 121(a)(i) 

Article 121(a)(ii) 

Article 121(a)(iii) 

Article 121(a)(iv) 

Article 121(b)(i) 

Article 121(b)(ii) 

Article 121 (c) (i) 

Article 121 (c) (ii) 

Article 121(c)(iii) 

Article 121(c) (iv) 

Article 121(d)(i) 

Article 121(d)(ii) 

Article 121(d)(iii) 

Article 189 

Article 190 

Article 191 

Article 192 

Article 196 

Article 197 

Article 201 

Article 202 

Article 203 

Article 204 

Article 205 

Article 206 

Article 105(1) 

Articles 162(2)(e) and (g) and 172(d) 

Article 166 

-  

Article 165(2) 

Article 168(2) 

Articles 162(2)(g) and (n) and 172(d) 

Article 168(3) 

Article 165(3) 

Articles 165(1) and 172(d) 

Articles 162(1) and 172(d)  

Articles 162(2)(d) and 172(d) 

Articles 161 and 169 

Articles 163(2) and 172(d) 

Article 172(b) and (c) 

Articles 163(3) and 172(b) and (c) 

Article 172(b) and (c) 

Article 172(d) 

Article 172(d) 

Articles 162(2)(u) and 172(d) 

Articles 162(2)(a) and 172(d) 

Articles 162(2)(k) and 172(d) 

Articles 162(2)(e) and 172(d) 

EN 

343 

   EN 

 
Article 121(d)(iv) 

Article 121(d)(v) 

Article 121(d)(vi) 

Article 121(d)(vii) 

Article 121(e)(i) 

Article 121(e)(ii) 

Article 121(e)(iii) 

Article 121(e)(iv) 

Article 121(e)(v) 

Article 121(e)(vi) 

Article 121(e)(vii) 

Article 121(f)(i) 

Article 121(f)(ii) 

Article 121(f)(iii) 

Article 121(f)(iv) 

Article 121(f)(v) 

Article 121(f)(vi) 

Article 121(f)(vii) 

Article 121(g) 

Article 121(h) 

Article 121(i) 

Article 121(j)(i) 

Article 121(j)(ii) 

Article 121(k) 

Article 121(l) 

Article 121(m) 

Article 121(2) 

Article 121(3) 

Article 121(4)(a) 

Article 121(4)(b) 

Article 121(4)(c) 

Article 121(4)(d) 

Article 121(4)(e) 

Article 121(4)(f) 

Article 121(4)(g) 

Articles 162(2)(b) and 172(d) 

Articles 162(2)(d) and 172(d) 

Articles 179 and 172(i) 

Articles 162(2)(g) and 172(d) 

Articles 162(2)(a) and 172(d) 

Articles 162(2)(a) and 172(d) 

Articles 162(2)(b) and 172(d) 

Articles 162(2)(d) and (p) and 172(d) 

Articles 162(2)(d), (g) and (i) and 172(d) 

Articles 162(1) and (2)(s) and 172(d) 

Articles 162(2)(m) and (n) and 172(d) 

Articles 162(2)(a) and 172(d) 

Articles 162(2)(a) and 172(d) 

Articles 162(2)(d), 169 and 172(d) 

Articles 162(2)(p) and 172(d) 

Articles 162(2)(o) and 172(d) 

Articles 162(2)(u) and 172(d) 

Articles 162(2)(p) and 172(d) 

Articles 162(2)(e) and 172(d) 

Article 172(d) 

Articles 106 and 107  

Articles 162(2)(d) and 172(d) 

Articles 169 and 172(d) 

Articles 193, 194 and 195 

Articles 198, 199 and 200 

Articles 207 and 208 

Articles 162(3) and 172(b) and (c) 

Articles 162(2)(g) and 172(d) 

-  

Article 162(2)(g) and (n) 

Article 162(2)(g) and (n) 

Article 162(2)(h) 

Article 162(2)(f) 

Article 162(2)(g) 

Article 162(2)(s) 

EN 

344 

   EN 

 
Article 122 

Article 123 

Article 124 

Article 125 

Article 125a 

Article 125b 

Article 125c 

Article 125d 

Article 125e 

Article 125f 

Article 125g 

Article 125h 

Article 125i 

Article 125j 

Article 125k 

Article 125l 

Article 125m 

Article 125n 

Article 125o 

Article 126 

Article 127 

Article 128 

Article 129 

Article 130 

Article 131 

Article 132 

Article 133 

Article 133a 

Article 134 

Article 135 

Article 136 

Article 137 

Article 209 

Article 209(a)(iv) 

Article 210(1),(2) and (3) 

Article 210(4) 

Article 211 

Article 212 

Article 213 

Article 214 

Article 215 

Article 216 

Article 217 

Article 218 

Article 219 

Article 220 

Article 221 

Article 222 

Article 223 

Article 224 

Article 225 

Article 226 

Article 227 

Article 228 

Article 229 

Article 230 

Article 231 

Article 232 

Article 233 

Article 234 

Article 235 

Article 236 

Article 237 

Articles 238 and 239 

Article 240 

Article 241 

Article 242 

EN 

345 

   EN 

 
 
 
 
Article 138 

Article 139 

Article 140 

Article 140a 

Article 141 

Article 142 

Article 143 

Article 144 

Article 145 

Article 146 

Article 147 

Article 148 

Article 149 

Article 150 

Article 151 

Article 152 

Article 153(1), (2) and (3) 

Article 153(4) 

Article 154 

Article 155 

Article 156 

Article 157 

Article 158 

Article 158a 

Article 159 

Article 160 

Article 161 

Article 162 

Article 163 

Article 164(1) and (2) 

Article 164(3) and (4) 

Article 165 

Article 166 

Article 167 

Article 168 

Article 243 

Article 244 

Article 245 

Article 246 

Article 247 

Article 248 

Articles 249 and 250  

Article 251 

Article 254(1)(a)  

Article 252 

- 

Articles 253, 254 and 255  

Article 256 

Article 257 

Article 258 

Article 259 

Article 260 

- 

- 

- 

Articles261 and 262 

Article 263 

Article 264 

Articles 170 and 172 

Article 265 

Article 266 

Articles 267, 268, 269 and 270 

Article 271 

Article 272 

Article 273 

[Article 43(3) Reg] 

[Article 43(3) Reg] 

[Article 43(3) Reg] 

Article 274 

Article 275 

EN 

346 

   EN 

 
Article 169 

Article 170 

Article 171 

Article 172 

Article 173 

Article 174 

Article 175 

Article 176 

Article 176a 

Article 177 

Article 178 

Article 179 

Article 180 

Article 181 

Article 182(1) 

Article 182(2) 

Article 182(3) 

Article 182(4) 

Article 182(5) 

Article 182(6) 

Article 182(7) 

Article 182a 

Article 183 

Article 184 

Article 185 

Article 185a 

Article 185b 

Article 185c 

Article 185d 

Article 186 

Article 276 

Article 277 and 278 

Article 279 

Article 280 

Article 281 

Article 282 

Article 283 

Article 284 

Article 285 

Article 286 

Article 287 

Article 288 

Article 289 

Article 290 

Article 291(1) 

Article 292 

- 

Article 293 

Article 294 

Article 295 

Article 296 

Article 291(2)  

Article 297 

Article 309 

Article 310 

Article 311 

Article 302(1) to (7) 

Article 302(8) 

Article 303 

Article 304 

Article 305 

Article 306 

Article 307 

Article 298 

EN 

347 

   EN 

 
 
 
 
 
Article 187 

Article 188 

Article 299 

Articles 300 and 301 

Article 188a(1),(2), (5), (6) and (7) 

Article 302 

Article 188a(3) and (4) 

[Article 325(2)] 

Article 189 

Article 190 

Article 190a 

Article 191 

Article 192 

Article 193 

Article 194 

Article 194a 

Article 195 

Article 196 

Article 197 

Article 198 

Article 199 

Article 200 

Article 201 

Article 202 

Article 203 

Article 203a 

Article 203b 

Article 204 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

Annex VII 

Article 312 

Article 313 

Article 314 

Article 315 

Article 316 

Article 317 

Article 318 

Article 319 

Article 320 

Article 321 

Article 322 

Article 323 

Article 324 

— 

— 

— 

— 

Article 325 

Article 326 

— 

— 

Article 327 

Article 328 

Article 329 

Annex I 

Annex II 

Annex III 

Annex IV 

Annex V 

Annex VI 

-  

EN 

348 

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Annex VIIa 

Annex VIIb 

Annex VIIc 

Annex VIII 

Annex IX 

Annex X 

Annex Xa 

Annex Xb 

Annex Xc 

Annex Xd 

Annex Xe 

Annex XI 

-  

-  

-  

Annex VII 

Annex VIII 

Annex IX 

- - 

Annex X 

Annex XIX 

-  

-  

-  

Annex XI 

Annex XIa(I) 

Annex XII, Part I(I) first sub-paragraph 

Annex XIa(II) first sub-paragraph 

Annex XII, Part I(I) second sub-paragraph 

Annex XIa(II) second sub-paragraph  

-  

Annex XIa(III)(1) 

Annex XIa(III)(2) 

Annex XIa(III)(3) 

Annex XIa(III)(4) 

Annex XIa((IV) to (IX) 

Annex XIb 

Annex XII first paragraph 

Annex XII, Part II(1) 

Annex XII, Part II(2) 

Annex XII, Part II(3) 

[Article 325(2)] 

Annex XII, Part II 

Appendix to Annex XIb 

Appendix to Annex XII, Part II 

Annex XII(I) 

Annex XII(II)(1) 

Annex XII(II)(2) 

Annex XII(II)(3) 

Annex XII(II)(4) 

Annex XII(III)(1) 

Annex XII(III)(2) 

Annex XII(IV)(1) 

Annex XII(IV)(2) 

Annex XIII(I) 

Annex XIII(II) 

Annex XIII(III) 

-  

Annex XII, Part III(1) 

Annex XII, Part III(2) 

Annex XII, Part III(3) 

Annex XII, Part III(4) 

Annex XII, Part III(5) 

Annex XII, Part III(6) 

Article 172(b) and (c) 

[Article 325(2)] 

Annex XII, Part IV(I) 

Annex XII, Part IV(II) 

Annex XII, Part IV(III) 

EN 

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Annex XIII(IV) 

Annex XIII(V) 

Annex XIII(VI) first sub-paragraph 

Articles 161 and 163(2) 

- 

-  

Annex XIII(VI) second sub-paragraph 

[Article 325(2)] 

Annex XIV(A) 

Articles  162(1),  (2)(b)  and  (d),  169  and 
172(d) 

Annex XIV(B)(I)(1) 

Annex XII, PartV(I) 

Annex XIV(B)(I)(2) and (3)  

Articles 162(1) and 172(d) 

Annex XIV(B)(II) 

Annex XII, PartV(II) 

Annex XIV (B)(III) and (C) 

[Article 325(2)] 

Annex XV(I)(1) 

Annex XII, Part VI first sub-paragraph 

Annex  XV(I)(2)  first  and  second  sub-
paragraphs 

Annex  XII,  PartVI  second  and  third  sub-
paragraph 

Annex XV(I)(2) third sub-paragraph 

Annex XII, Part VI sixthsub-paragraph 

Annex XV(II),(III) and (VI) 

Annex XV(IV)(1) 

Annex XV(IV)(2) and (3) 

Annex XV(V) 

Annex XV(VI) 

[Article 325(2)] 

Article 168(1) 

[Article 325(2)] 

Articles 161 and 163(2) 

[Article 325(2)] 

Appendix to Annex XV 

Annex XII, Part VI seventh sub-paragraph 

Annex XVa 

Annex XVb 

Annex XVI 

Annex XVIa 

Annex XVII 

Annex XVIII 

Annex XIX 

Annex XX 

Annex XXI 

Annex XXII 

Annex XIII, Part I 

Annex XIII, Part II 

Annex XII, Part VII 

Annex XIV 

Annex XV 

Annex XVI 

-  

Annex XVII 

Annex XVIII 

- 

Annex XX 

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