Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common organisation of the markets in agricultural products (Single CMO Regulation)
Date: 2011-10-12
Institutions: European Commission
Subjects: agricultural product, agricultural production, aid to agriculture, common organisation of markets, marketing standard, reform of the CAP

EUROPEAN COMMISSION 

Brussels, 12.10.2011 
COM(2011) 626 final 

2011/0281 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a common organisation of the markets in agricultural products (Single 
CMO Regulation) 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Commission  proposal  for  the  Multiannual  Financial  Framework  (MFF)  for  2014-2020 
(the  MFF  proposal)1  sets  the  budgetary  framework  and  main  orientations  for  the  Common 
Agricultural Policy (CAP). On this basis, the Commission presents a set of regulations laying 
down the legislative framework for the CAP in the period 2014-2020, together with an impact 
assessment of alternative scenarios for the evolution of the policy.  

The current reform proposals are based on the Communication on the CAP towards 20202 that 
outlined broad policy options in order to respond to the future challenges for agriculture and 
rural areas and to meet the objectives set for the CAP, namely 1) viable food production; 2) 
sustainable  management  of  natural  resources  and  climate  action;  and  3)  balanced  territorial 
development.  The  reform  orientations  in  the  Communication  have  since  been  broadly 
supported both in the inter-institutional debate3 and in the stakeholder consultation that took 
place in the framework of the impact assessment.  

A common theme that has emerged throughout this process is the need to promote resource 
efficiency with a view to smart, sustainable and inclusive growth for EU agriculture and rural 
areas  in  line  with  the  Europe  2020  strategy,  keeping  the  structure  of  the  CAP  around  two 
pillars that use complementary instruments in pursuit of the same objectives. Pillar I covers 
direct payments and market measures providing a basic annual income support to EU farmers 
and support in case of specific market disturbances, while Pillar II covers rural development 
where  Member  States  draw  up  and  co-finance  multiannual  programmes  under  a  common 
framework.4 

Through  successive  reforms  the  CAP  has  increased  market  orientation  for  agriculture  while 
providing  income  support  to  producers,  improved  the  integration  of  environmental 
requirements  and  reinforced  support  for  rural  development  as  an  integrated  policy  for  the 
development  of  rural  areas  across  the  EU.  However,  the  same  reform  process  has  raised 
demands for a better distribution of support among and within Member States, as well as calls 
for  a  better  targeting  of  measures  aiming  at  addressing  environmental  challenges  and  better 
addressing increased market volatility.  

In the past, reforms mainly responded to endogenous challenges, from huge surpluses to food 
safety crises; they have served the EU well both on the domestic and the international front. 
However, most of today's challenges are driven by factors that are external to agriculture and 
would thus require a broader policy response. 

1 

2 

3 

4 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  A  budget  for  Europe  2020, 
COM(2011)500 final, 29.6.2011.  
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions The CAP towards 2020: meeting 
the food, natural resources and territorial challenges of the future, COM(2010)672 final, 18.11.2010. 
See  in  particular  the  European  Parliament  resolution  of  23  June  2011,  2011/2015(INI),  and  the 
Presidency conclusions of 18.3.2011. 
The current legislative framework comprises Council Regulation (EC) No 73/2009 (direct payments), 
Council Regulation (EC) No 1234/2007 (market instruments), Council Regulation (EC) No 1698/2005 
(rural development) and Council Regulation (EC) No 1290/2005 (financing).  

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The pressure on agricultural income is expected to continue as farmers are facing more risks, 
a slowdown in productivity and a margin squeeze due to rising input prices; there is therefore 
a  need  to  maintain  income  support  and  to  reinforce  instruments  to  better  manage  risks  and 
respond to crisis situations. A strong agriculture is vital for the EU food industry and global 
food security. 

At the same time, agriculture and rural areas are being called upon to step up their efforts to 
meet  the  ambitious  climate  and  energy  targets  and  biodiversity  strategy  that  are  part  of  the 
Europe 2020 agenda. Farmers, who are together with foresters the main land managers, will 
need  to  be  supported  in  adopting  and  maintaining  farming  systems  and  practices  that  are 
particularly favourable to environmental and climate objectives because market prices do not 
reflect the provision of such public goods. It will also be essential to best harness the diverse 
potential of rural areas and thus contribute to inclusive growth and cohesion. 

The future CAP will not, therefore, be a policy that caters only for a small, albeit essential, 
part  of  the  EU  economy,  but  also  a  policy  of  strategic  importance  for  food  security,  the 
environment  and  territorial  balance.  Therein  lies  the  EU  added  value  of  a  truly  common 
policy  that  makes  the  most  efficient  use  of  limited  budgetary  resources  in  maintaining  a 
sustainable  agriculture  throughout  the  EU,  addressing  important  cross-border  issues  such  as 
climate  change  and  reinforcing  solidarity  among  Member  States,  while  also  allowing 
flexibility in implementation to cater for local needs.  

The framework set out in the MFF proposal foresees that the CAP should maintain its two-
pillar structure with the budget for each pillar maintained in nominal terms at its 2013 level 
and with a clear focus on delivering results on the key EU priorities. Direct payments should 
promote sustainable production by assigning 30 % of their budgetary envelope to mandatory 
measures  that  are  beneficial  to  climate  and  the  environment.  Payment  levels  should 
progressively converge and payments to large beneficiaries be subject to progressive capping. 
Rural  development  should  be  included  in  a  Common  Strategic  Framework  with  other  EU 
shared  management  funds  with  a  reinforced  outcome-orientated  approach  and  subject  to 
clearer,  improved  ex-ante  conditionalities.  Finally,  on  market  measures  the  financing  of  the 
CAP should be reinforced with two instruments outside the MFF: 1) an emergency reserve to 
react  to  crisis  situations;  and  2)  the  extension  of  the  scope  of  the  European  Globalization 
Adjustment Fund.  

On this basis, the main elements of the legislative framework for the CAP during the period 
2014-2020 are set out in the following regulations:  

– 

– 

– 

Proposal for a Regulation of the European Parliament and of the Council establishing 
rules for direct payments to farmers under support schemes within the framework of 
the common agricultural policy ('the direct payments regulation'); 

Proposal for a Regulation of the European Parliament and of the Council establishing 
a  common  organisation  of  the  markets  in  agricultural  products  (Single  CMO 
Regulation) ('the Single CMO regulation'); 

Proposal for a Regulation of the European Parliament and of the Council on support 
for  rural  development  by  the  European  Agricultural  Fund  for  Rural  Development 
(EAFRD) ('the rural development regulation'); 

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– 

– 

– 

– 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the 
financing,  management  and  monitoring  of  the  common  agricultural  policy  ('the 
horizontal regulation'); 

Proposal  for  a  Council  regulation  determining  measures  on  fixing  certain  aids  and 
refunds related to the common organisation of the markets in agricultural products; 

Proposal for a Regulation of the European Parliament and of the Council amending 
Council Regulation (EC) No 73/2009 as regards the application of direct payments to 
farmers in respect of the year 2013; 

Proposal for a Regulation of the European Parliament and of the Council amending 
Council Regulation (EC) No 1234/2007 as regards the regime of the single payment 
scheme and support to vine-growers.  

The rural development regulation builds on the proposal presented by the Commission on 6 
October 2011 that sets out common rules for all funds operating under a Common Strategic 
Framework5.  A  regulation  will  follow  on  the  scheme  for  most  deprived  persons,  for  which 
funding is now placed under a different heading of the MFF. 

In addition, new rules on the publication of information on beneficiaries taking account of the 
objections expressed by the Court of Justice of the European Union are also under preparation 
with a view to finding the most appropriate way to reconcile beneficiaries' right to protection 
of personal data with the principle of transparency. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENT 

On  the  basis  of  the  evaluation  of  the  current  policy  framework  and  an  analysis  of  future 
challenges  and  needs,  the  impact  assessment  assesses  and  compares  the  impact  of  three 
alternative scenarios. This is the result of a long process started in April 2010 and steered by 
an  inter-service  group  that  brought  together  extensive  quantitative  and  qualitative  analysis, 
including setting a baseline in the form of medium-term projections for agricultural markets 
and  income  up  to  2020  and  modelling  the  impact  of  the  different  policy  scenarios  on  the 
economics of the sector. 

The  three  scenarios  elaborated  in  the  impact  assessment  are:  1)  an  adjustment  scenario  that 
continues  with  the  current  policy  framework  while  addressing  its  most  important 
shortcomings,  such  as  the  distribution  of  direct  payments;  2)  an  integration  scenario  that 
entails  major  policy  changes  in  the  form  of  enhanced  targeting  and  greening  of  direct 
payments  and  reinforced  strategic  targeting  for  rural  development  policy  in  better 
coordination with other EU policies, as well as extending the legal base for a broader scope of 
producer cooperation; and 3) a refocus scenario that reorients the policy exclusively towards 
the environment with a progressive phasing out of direct payments, assuming that productive 

5 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  laying  down  common 
provisions  on  the  European  Regional  Development  Fund,  the  European  Social  Fund,  the  Cohesion 
Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries 
Fund  covered  by  the  Common  Strategic  Framework  and  laying  down  general  provisions  on  the 
European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing 
Regulation (EC) No 1083/2006, COM(2011)615 of 6.10.2011. 

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capacity can be maintained without support and that the socio-economic needs of rural areas 
can be served by other policies. 

Against the background of the economic crisis and the pressure on public finances, to which 
the  EU  has  responded  with  the  Europe  2020  strategy  and  the  MFF  proposal,  all  three 
scenarios  attach  different  weight  to  each  of  the  three  policy  objectives  of  the  future  CAP 
which  aims  at  a  more  competitive  and  sustainable  agriculture  in  vibrant  rural  areas.  With  a 
view  to  a  better  alignment  with  the  Europe  2020  strategy,  notably  in  terms  of  resource 
efficiency,  it  will  be  increasingly  essential  to  improve  agricultural  productivity  through 
research,  knowledge  transfer  and  promoting  cooperation  and  innovation  (including  through 
the European Innovation Partnership on agricultural productivity and sustainability). Whereas 
EU  agricultural  policy  does  not  any  more  operate  within  a  trade  distorting  policy 
environment, additional pressure on the sector is expected from further liberalization, notably 
in the framework of the DDA or the FTA with Mercosur.  

The three policy scenarios were drawn up taking into account the preferences expressed in the 
consultation which was conducted in the context of the impact assessment. Interested parties 
were  invited  to  submit  contributions  between  23.11.2010  and  25.1.2011  and  an  advisory 
committee was organised on 12.1.2011.The main points are summarized below:6  

–  There  is  broad  agreement  among  stakeholders  on  the  need  for  a  strong  CAP  based  on  a 
two-pillar-structure  in  order  to  address  the  challenges  of  food  security,  sustainable 
management of natural resources and territorial development. 

–  Most respondents find that the CAP should play a role in stabilizing markets and prices.  

–  Stakeholders  have  diverse  opinions  concerning  the  targeting  of  support  (especially 

redistribution of direct aid and capping payments).  

–  There  is  agreement  that  both  pillars  can  play  an  important  role  in  stepping  up  climate 
action  and  increasing  environmental  performance  for  the  benefit  of  EU  society.  Whereas 
many farmers believe that this already takes place today, the wider public argues that Pillar 
I payments can be more efficiently used. 

–  The respondents want all parts of the EU, including less favoured areas, to be part of future 

growth and development.  

–  The  integration  of  the  CAP  with  other  policies,  such  as  environmental,  health,  trade, 

development, was emphasised by many respondents. 

–  Innovation,  development  of  competitive  businesses  and  provision  of  public  goods  to  EU 

citizens are seen as ways to align the CAP with the Europe 2020 strategy. 

The impact assessment thus compared the three alternative policy scenarios: 

The refocus scenario would accelerate structural adjustment in the agricultural sector, shifting 
production  to  the  most  cost  efficient  areas  and  profitable  sectors.  While  significantly 
increasing funding for the environment, it would also expose the sector to greater risks due to 
limited scope for market intervention. Furthermore, it would come at a significant social and 

6 

See Annex 9 of the impact assessment for an overview of the 517 contributions received. 

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environmental cost as the less competitive areas would face a considerable income loss and 
environmental  degradation,  since  the  policy  would  lose  the  leverage  of  direct  payments 
coupled with the cross compliance requirements.  

At  the  other  end  of  the  spectrum,  the  adjustment  scenario  would  best  allow  for  policy 
continuity  with  limited  but  tangible  improvements  both  in  agricultural  competitiveness  and 
environmental  performance.  There  are  however  serious  doubts  as  to  whether  this  scenario 
could  adequately  address  the  important  climate  and  environmental  challenges  of  the  future, 
which also underpin the long-term sustainability of agriculture. 

The  integration  scenario  breaks  new  ground  with  enhanced  targeting  and  greening  of  direct 
payments.  The  analysis  shows  that  greening  is  possible  at  a  reasonable  cost  to  farmers 
although  some  administrative  burden  cannot  be  avoided.  Similarly,  a  new  impetus  in  rural 
development  is  possible  provided  that  the  new  possibilities  are  efficiently  used  by  Member 
States and regions and that the common strategic framework with the other EU funds does not 
remove synergies with Pillar I or weaken rural development's distinctive strengths. If the right 
balance is struck, this scenario would best address the long term sustainability of agriculture 
and rural areas.  

On  this  basis  the  impact  assessment  concludes  that  the  integration  scenario  is  the  most 
balanced in progressively aligning the CAP with the EU's strategic objectives and this balance 
is  also  found  in  the  implementation  of  the  different  elements  in  the  legislative  proposals.  It 
will also be essential to develop an evaluation framework to measure the performance of the 
CAP with a common set of indicators linked to policy objectives. 

Simplification  has  been  an  important  consideration  throughout  the  process  and  should  be 
enhanced  in  a  variety  of  ways,  for  instance  in  the  streamlining  of  cross  compliance  and 
market  instruments,  or  the  design  of  the  small  farmers  scheme.  In  addition,  the  greening  of 
direct  payments  should  be  designed  in  such  a  way  as  to  minimize  administrative  burden 
including the costs of controls.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

It  is  proposed  to  maintain  the  current  structure  of  the  CAP  in  two  pillars  with  annual 
mandatory  measures  of  general  application  in Pillar I complemented by voluntary measures 
better  tailored  to  national  and  regional  specificities  under  a  multi-annual  programming 
approach  in  Pillar  II.  However,  the  new  design  of  direct  payments  seeks  to  better  exploit 
synergies  with  Pillar  II,  which  is  in  turn  placed  under  a  Common  Strategic  Framework  to 
better coordinate with other EU shared management funds.  

On  this  basis,  the  current  structure  of  four  basic  legal  instruments  is  also  maintained,  albeit 
with the scope of the financing regulation enlarged to bring together common provisions into 
what is now called the horizontal regulation.  

The proposals comply with the principle of subsidiarity. The CAP is a truly common policy: it 
is an area of shared competence between the EU and the Member States that is being handled 
at EU level with a view  to  maintaining a sustainable and diverse agriculture throughout the 
EU,  addressing  important  cross-border  issues  such  as  climate  change  and  reinforcing 
solidarity among Member States. In the light of the importance of future challenges for food 
security,  the  environment  and  territorial  balance,  the  CAP  remains  a  policy  of  strategic 

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importance  to  ensure  the  most  effective  response  to  the  policy  challenges  and  the  most 
efficient  use  of  budgetary  resources.  In  addition,  it  is  proposed  to  maintain  the  current 
structure  of  instruments  in  two  pillars  where  Member  States  have  more  leeway  to  tailor 
solutions  to  their  local  specificities  and  also  co-finance  Pillar  II.  The  new  European 
Innovation  Partnership  and  risk  management  toolkit  are  also  placed  within  Pillar  II.  At  the 
same  time  the  policy  will  be  better  aligned  with  the  Europe  2020  strategy  (including  a 
common framework with other EU funds) and a number of improvements and simplification 
elements  introduced.  Finally,  the  analysis  carried  out  in  the  framework  of  the  impact 
assessment clearly shows the cost of no action in terms of negative economic, environmental 
and social consequences. 

The  Single  CMO  regulation  lays  down  rules  for  the  common  organisation  of  agricultural 
markets, with the aid scheme for the most deprived to be placed under a separate instrument.  

The 2008-2009 dairy crisis showed the need to maintain an effective safety net mechanism as 
well as to streamline available tools. The discussions in the High Level Expert Group on Milk 
that  followed  also  pointed  to  the  need  to  improve  the  functioning  of  the  food  chain.  The 
regulation thus aims to streamline, expand and simplify provisions on the basis of experience 
to date with public intervention, private storage, exceptional/emergency measures and aid to 
specific  sectors  as  well  as  to  facilitate  cooperation  through  producer  and  interbranch 
organisations. 

Certain sectoral aids are removed (e.g. skimmed milk, hops and silkworms). The milk quota 
system and the wine planting ban are set to expire under existing legislation which is thus left 
unchanged  in  this  respect.  Sugar  quotas  are  set  to  expire  by  30  September  2015.  A  single 
animal  disease  /  loss  of  consumer  confidence  provision  and  a  general  market  disturbance 
clause are provided with the latter expanded to cover all sectors in the current Single CMO. 

The product coverage for recognition of producer organisations and their associations as well 
as interbranch organisations by Member States is expanded to all sectors in the current Single 
CMO. Support for the setting up of producer groups in the fruit and vegetable sector is moved 
to rural development. 

The  regulation  reflects  the  proposal  already  made  for  the  milk  sector  that  set  out  basic 
conditions if Member States make written contracts compulsory with a view to strengthening 
the bargaining power of milk producers in the food chain. It also reflects the proposal already 
made on marketing standards in the context of the quality package. 

From a simplification perspective, doing away with certain sectoral aids, the decoupling of the 
aid  scheme  in  the  silk  worm  sector,  ending  the  sugar  quota  system  and  removing  the 
requirements for registration of supply contracts and for attestation of equivalence in the hops 
sector will positively impact the burden on Member States and red tape for operators. It will 
no longer be necessary to maintain a capacity to implement the sectoral aid schemes and to 
allocate resources to control them.  

4. 

BUDGETARY IMPLICATION  

The  MFF  proposal  provides  that  a  significant  part  of  the  EU  budget  should  continue  to  be 
dedicated to agriculture, which is a common policy of strategic importance. Thus, in current 

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prices, it is proposed that the CAP should focus on its core activities with EUR 317.2 billion 
allocated to Pillar I and EUR 101.2 billion to Pillar II over the 2014-2020 period.  

The Pillar I and Pillar II funding is complemented by additional funding of EUR 17.1 billion 
consisting of EUR 5.1 billion for research and innovation, EUR 2.5 billion for food safety and 
EUR 2.8 billion for food support for the most deprived persons in other headings of the MFF, 
as well as of EUR 3.9 billion in a new reserve for crises in the agricultural sector and up to 
EUR  2.8  billion  in  the  European  Globalization  Adjustment  Fund  outside  the  MFF,  thus 
bringing the total budget to EUR 435.6 billion over the 2014-2020 period.  

As  regards  distribution  of  support  among  Member  States,  it  is  proposed  that  all  Member 
States  with  direct  payments  below  90%  of  the  EU  average  will  see  one  third  of  this  gap 
closed. The national ceilings in the direct payments regulation are calculated on this basis.  

The  distribution  of  rural  development  support  is  based  on  objective  criteria  linked  to  the 
policy  objectives  taking  into  account  the  current  distribution.  As  is  the  case  today,  less 
developed regions should continue to benefit from higher co-financing rates, which will also 
apply  to  certain  measures  such  as  knowledge  transfer,  producer  groups,  cooperation  and 
Leader.  

Some  flexibility  for  transfers  between  pillars  is  introduced  (up  to  5%  of  direct  payments): 
from Pillar I to Pillar II to allow Member States to reinforce their rural development policy, 
and  from  Pillar  II  to  Pillar  I  for  those  Member  States  where  the  level  of  direct  payments 
remains below 90% of the EU average.  

Details  on  the  financial  impact  of  the  CAP  reform  proposals  are  set  out  in  the  financial 
statement accompanying the proposals. 

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2011/0281 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a common organisation of the markets in 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 Commission7, 

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

Having regard to the opinion of the European Economic and Social Committee8, 

Having consulted the European Data Protection Supervisor9 

Acting in accordance with the ordinary legislative procedure10, 

Whereas: 

(1) 

The  Communication  from  the  Commission  to  the  European  Parliament,  the  Council, 
the European Economic and Social Committee and the Committee of the Regions on 
"The CAP towards 2020: Meeting the food, natural resources and territorial challenges 
of  the  future"11  sets  out  potential  challenges,  objectives  and  orientations  for  the 
Common  agricultural  Policy  (CAP)  after  2013.  In  the  light  of  the  debate  on  that 
Communication, the CAP should be reformed with effect from 1 January 2014. That 
reform  should  cover  all  the  main  instruments  of  the  CAP,  including  Council 
Regulation (EU) No [COM(2010)799] of […] establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products (Single 
CMO  Regulation)12.  In  view  of  the  scope  of  the  reform,  it  is  appropriate  to  repeal 
Regulation  (EU)  No  [COM(2010)799]  and  to  replace  it  with  a  new  Single  CMO 
Regulation.  The  reform  should  also,  as  far  as  possible,  harmonise,  streamline  and 
simplify the provisions, particularly those covering more than one agricultural sector, 
including by ensuring that non-essential elements of measures may be adopted by the 
Commission by way of delegated acts.  

7 
8 
9 
10 
11 
12 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
Opinion of […] OJ C […], […], p. […].. 
OJ C […], […], p. […]. 
COM(2010) 672 final, 18.11.2010. 
OJ L 299, 16.11.2007, p. 1. 

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(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

It is of particular importance that the Commission carry out appropriate consultations 
during  its  preparatory  work,  including  at  expert  level.  The  Commission,  when 
preparing  and  drawing  up  delegated  acts,  should  ensure  a  simultaneous,  timely  and 
appropriate transmission of relevant documents to the European Parliament and to the 
Council. 

Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (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.  

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. 

This  Regulation  should  apply  to  all  agricultural  products  listed  in  Annex  I  to  the 
Treaty in order to ensure the existence of a common organisation of the market for all 
such products, as required by Article 40(1) of the Treaty. 

It should be clarified that Regulation (EU) No […] [horizontal CAP Regulation]13 and 
the  provisions  adopted  pursuant  to  it  should  apply  to  the  measures  set  out  in  this 
Regulation.  In  particular  the  [horizontal  CAP  Regulation]  lays  down  provisions  to 
guarantee  compliance  with  the  obligations  laid  down  by  CAP  provisions,  including 
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 and 
the recovery of undue payments. 

This  Regulation  and  other  acts  adopted  under  Article  43  to  the  Treaty  refer  to  the 
description of products and references to the headings or subheadings of the combined 
nomenclature.  Amendments  to  the  Common  Customs  Tariff  nomenclature  may 
necessitate consequential technical adjustments to such Regulations. The Commission 
should  be  able  to  adopt  implementing  measures  to  make  such  adjustments.  In  the 
interests of clarity and simplicity, Council Regulation (EC) No 234/79 of 5 February 
1979 on the procedure for adjusting the Common Customs Tariff nomenclature used 
for  agricultural  products14  which  currently  provides  for  such  a  power  should  be 
repealed and the power integrated into the present Regulation. 

In  order  to  take  into  account  the  specificities  of  the  rice  sector,  the  power  to  adopt 
certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission in respect of updating the definitions concerning the rice sector set out in 
Part I of Annex II of this Regulation.  

In order to ensure that production is orientated towards certain varieties of paddy rice, 
the Commission should be able to adopt implementing measures in respect of  fixing 
increases and reductions of the public intervention price.  

13 
14 

… 
OJ L 34, 9.2.1979, p. 2. 

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(10)  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,  and  adapted  as  far  as  possible  to  the  biological  production  cycles  of 
each of those products. 

(11) 

(12) 

In order to take into account the specificities of the fruit and vegetables and processed 
fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 
290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of  fixing  the 
marketing years for those products.  

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 and direct support schemes have been introduced, taking 
into  account  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 private storage. 
There continues to be a need to maintain price support measures whilst streamlining 
and simplifying them. 

(13)  For  the  sake  of  clarity  and  transparency,  the  provisions  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 and to define the latter, in particular, clarifying that only intervention prices for 
public intervention correspond to the applied administered prices referred to in the first 
sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price 
gap support). In this context it should be understood that market intervention can take 
the form of public intervention as well as other forms of intervention that do not use 
ex-ante established price indications. 

(14)  As  appropriate  to  each  sector  concerned  in  the  light  of  the  practice  and  experience 
under  previous  CMOs,  the  system  of  intervention  should  be  available  during  certain 
periods of the year and should be open during that period either on a permanent basis 
or should be opened depending on market prices.  

(15)  The  price  level  at  which  buying-in  under  public  intervention,  i.e.  price  gap  support, 
should  be  carried out at a fixed  price for certain quantities for some products and in 
other cases should depend on tendering, reflecting the practice and  experience under 
previous CMOs. 

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

(17) 

In order to ensure market transparency, the power to adopt certain acts in accordance 
with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
laying down the conditions under which it may decide to grant private storage aid in 
order to achieve the aim of balancing the market and stabilising the market prices, and 
taking into account the market situation.  

(18) 

In  order  to  take  into  account  the  specificities  of  the  different  sectors,  the  power  to 
adopt certain acts in accordance with Article 290 of the Treaty should be delegated to 

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the Commission in respect of adopting the requirements and conditions to be met by 
products to be bought-in under public intervention and to be stored under the system 
of private storage aid, in addition to the requirements laid down in this Regulation as 
well as in respect of adopting the applicable price increases or reductions for quality 
purposes as regards both buying-in and sales and in respect of adopting the provisions 
relating to the obligation for the paying agencies to have all the beef boned after the 
take-over and prior to the placing into storage. 

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  power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the 
Treaty should be delegated to the Commission in respect of the requirements to be met 
by  intervention  storage  places  for  the  products  to  be  bought-in  under  the  system, 
provisions relating to the sale of small quantities remaining in storage in the Member 
States; and rules for direct sale quantities which may no longer be repackaged or are 
deteriorated;  and  certain rules on  storage of products inside and outside the Member 
State responsible for them and their treatments as regards customs duties and any other 
amounts to be granted or levied under the CAP.  

In order to ensure that private storage has the desired effect on the market, the power 
to adopt certain acts in accordance with Article 290 of the Treaty should be delegated 
to the Commission  in  respect of  measures  for reducing the amount of aid to be paid 
where  the  quantity  stored  is  lower  than  the  contracted  quantity;  and  conditions  for 
granting of an advance payment.  

In  order  to  safeguard  the  rights  and  obligations  of  operators  participating  in  public 
intervention or private storage measures, the power to adopt certain acts in accordance 
with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
provisions relating to the use of tendering procedures; the eligibility of operators; and 
an obligation to lodge a security guaranteeing. 

In  order  to  standardise  the  presentation  of  the  different  products  for  the  purposes  of 
improving  market  transparency,  price  recording  and  the  application  of  market 
intervention  arrangements  in  the  form  of  public  intervention  and  private  storage,  the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated  to  the  Commission  in  respect  of  Union  scales  for  the  classification  of 
carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors. 

(19) 

(20) 

(21) 

(22) 

(23) 

In order to ensure accuracy and reliability of the classification of carcasses, the power 
to adopt certain acts in accordance with Article 290 of the Treaty should be delegated 
to  the  Commission  in  respect  of  the  review  of  the  application  of  classification  of 
carcases in Member States by a Union committee. 

(24)  The existing scheme for food distribution to the most deprived in the Union adopted 
under  the  common  agricultural  policy  should  be  the  subject  of  a  separate  regulation 
adopted  to  reflect  its  social  cohesion  objectives.  Provision  should  nevertheless  be 
made in this Regulation to allow for disposal of products held in public intervention by 
making them available for use in the scheme. 

(25)  The consumption  of fruit and vegetables and milk products  amongst children should 
be encouraged, including by durably increasing the share of those products in the diets 

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(26) 

(27) 

(28) 

of children at the stage when their eating habits are being formed. Union aid to finance 
or  co-finance  the  supply  to  children  in  educational  establishments  of  such  products 
should therefore be promoted.  

In  order  to  ensure  a  sound  budgetary  management  of  the  schemes,  appropriate 
provisions for each one should be established. Union aid should not be used to replace 
funding  for  any  national  existing  school  fruit  schemes.  In  the  light  of  budgetary 
constraints,  Member  States  should  nonetheless  be  able  to  replace  their  financial 
contribution  to  the  schemes  with  contributions  from  the  private  sector.  In  order  to 
make  their  school  fruit  scheme  effective,  Member  States  should  provide  for 
accompanying measures for which Member States should be allowed to grant national 
aid. 

In  order  to  promote  the  healthy  eating  habits  of  children,  to  ensure  the  efficient  and 
targeted use of European Funds and to promote awareness of the scheme the power to 
adopt certain acts in accordance with Article 290 of the Treaty should be delegated to 
the Commission in respect of the school fruit scheme concerning: the products that are 
ineligible  for  the  scheme;  the  target  group  of  the  scheme;  the  national  or  regional 
strategies that Member States must draw up in order to benefit from the aid, including 
the  accompanying  measures;  the  approval  and  selection  of  aid  applicants;  objective 
criteria  for  the  allocation  of  aid  between  Member  States,  the  indicative  allocation  of 
aid  between  Member  States  and  the  method  for  reallocating  aid  between  Member 
States  based  on  applications  received;  the  costs  eligible  for  aid,  including  the 
possibility  of  fixing  an  overall  ceiling  for  such  costs;  and  requiring  participating 
Member States to publicise the subsidising role of the scheme. 

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, to ensure that 
the  appropriate  beneficiaries  and  applicants  qualify  for  the  aid  and  to  promote 
awareness  of  the  aid  scheme,  the  power  to  adopt  certain  acts  in  accordance  with 
Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of  the 
school  milk  scheme  concerning:  the  products  that  are  eligible  for  the  scheme;  the 
national  or  regional  strategies  that  Member  States  must  draw  up  in  order  to  benefit 
from the aid and the target group for the scheme; the conditions for granting aid; the 
lodging  of  a  security  guaranteeing  the  execution  where  an  advance  of  aid  is  paid; 
monitoring and evaluation; and requiring educational establishments to communicate 
the subsidising role of the scheme. 

(29)  The aid scheme for hop producer organisations is only used in one Member State. In 
order to create flexibility and to harmonise the approach in this sector with the other 
sectors,  the  aid  scheme  should  be  discontinued,  with  the  possibility  to  support  the 
producer organisations under rural development measures. 

(30)  Union financing 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 
respective work programmes. However, the activities concerned should be limited to 
the most useful and co-financing should be introduced in order to improve the quality 
of such programmes. 

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(31) 

In  order  to  ensure  that  the  aid  provided  for  olive  oil  and  table  olive  operator 
organisations meet their objective of improving the production quality of olive oil and 
table olives and to ensure that olive oil and table olive operator organisations respect 
their obligations, the power to adopt certain acts in accordance with Article 290 of the 
Treaty  should  be  delegated  to  the  Commission  concerning  the  conditions  for  the 
approval of operator organisations for the purposes of the aid scheme, the suspension 
or  withdrawal  of  such  approval;  the  measures  eligible  for  Union  financing;  the 
allocation of Union financing to particular measures; the activities and costs that are 
not eligible for Union financing; and the selection and approval of work programmes 
and concerning requiring the lodging of a security.  

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

(33)  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  established  and  those  measures  should 
continue to be integrated into operational programmes. 

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

(35)  Support  for  setting  up  producer  groups  should  be  provided  for  all  sectors  in  all 
Member States under rural development policy so the specific support in the fruit and 
vegetables sector should be discontinued. 

(36) 

(37) 

(38) 

In  order  to  give  producer  organisations  in  the  fruit  and  vegetables  sector  greater 
responsibility for their financial decisions and to gear the public resources assigned to 
them  towards  future  requirements,  terms  should  be  set  out  for  the  use  of  those 
resources. Joint financing of operational funds set up by producer organisations is an 
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,  granting  of  additional  national  financial  contributions  should  be  allowed.  In 
case of Member States which are at a particular disadvantage with regard to structures, 
such contributions should be reimbursed by the Union. 

In  order  to  ensure  an  efficient,  targeted  and  sustainable  support  of  producer 
organisations  in  the  fruit  and  vegetables  sector,  the  power  to  adopt  certain  acts  in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect of operational funds and operational programmes, the structure and content of 

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a  national  framework  and  a  national  strategy;  Union  financial  assistance;  crisis 
prevention and management measures; and national financial assistance.  

(39) 

It is important to provide for support measures in the wine sector which are liable to 
strengthen  competitive  structures.  While  those  measures  should  be  defined  and 
financed 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  into  account  their 
particularities,  where  necessary,  as  well  as  integrating  them  into  national  support 
programmes.  Member  States  should  be  responsible  for  the  implementation  of  such 
programmes. 

(40)  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 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. 

(41)  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. 

(42)  The  provisions  on  support  to  vine-growers  by  way  of  allocation  of  payment 
entitlements  as  decided  by  Member  States  were  made  definitive.  Therefore  the  only 
such  support  which  may  be  provided  is  the  one  decided  by  Member  States  by  1 
December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under 
the conditions set out in that provision. 

(43) 

In order to ensure that wine support programmes meet their objectives and that there is 
a  targeted  use  of  the  European  Funds,  the  power  to  adopt  certain  acts  in  accordance 
with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
rules: on the responsibility for expenditure between the date of receipt of the support 
programmes, and modifications to support programmes and their date of applicability; 
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  support  programmes;  to  avoid  misuse  of  the  support 
measures  and  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 for the Member States for the implementation 
of the support measures, as well as restrictions to ensure consistency with the scope of 
the  support  measures;  regarding  payments  to  beneficiaries,  including  payments 
through insurance intermediaries.  

(44)  Beekeeping is characterised by the diversity of production conditions and yields and 
the dispersion and variety of economic operators, both at the production and marketing 

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stages. Moreover, in view of the spread of varroasis in several Member States in recent 
years and the problems which that disease causes to 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  for  the  sector  should  be  drawn  up  every  three  years  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. 

(45) 

In  order  to  ensure  a  targeted  use  of  Union  funds  for  apiculture,  the  power  to  adopt 
certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission  in  respect  of:  the  measures  which  may  be  included  in  apiculture 
programmes, rules on the obligations relating to the content of national programmes, 
their  drawing  up  and  the  related  studies;  and  the  conditions  for  the  allocation  of  the 
Union's financial contribution to each participating Member State.  

(46)  Union aid for silkworm rearing should be decoupled into the direct payments system 

following the approach taken for aids in other sectors. 

(47)  The  aid  for  Union-produced  skimmed  milk  and  skimmed-milk  powder  intended  for 
use  as  a  feedingstuff  and  for  processing  into  casein  and  caseinates  has  not  proved 
effective in supporting the market and should therefore be discontinued, along with the 
rules concerning the use of casein and caseinates in the manufacture of cheese. 

(48)  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. 

(49)  Following  the  Communication  from  the  Commission  on  agricultural  product  quality 
policy15  and  subsequent  debates,  it  is  deemed  appropriate  to  maintain  marketing 
standards  by  sectors  or  products,  in  order  to  take  into  account  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.  

(50) 

In order to guarantee that all products are of sound, fair and marketable quality, and 
without prejudice to 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 safety16, 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 to the general marketing standard. 

(51)  For  some  sectors  and/or  products,  definitions,  designations  and/or  sales  descriptions 
are important elements for the determination of conditions of competition. Therefore, 
it is appropriate to lay down definitions, designations and sales descriptions for those 

15 
16 

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

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sectors and/or products, which should only be used in the Union for the marketing of 
products which comply with the corresponding requirements. 

(52)  Provisions of a horizontal nature should be established for marketing standards. 

(53)  Marketing standards should apply to enable the market to be supplied with products of 
standardised  and  satisfactory  quality  and  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.  

(54)  Taking  into  account  the  interest  of  consumers  to  receive  adequate  and  transparent 
product information, it should be possible to determine the 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. 

(55)  Marketing standards should apply to all agricultural products marketed in the Union. 

(56) 

(57) 

(58) 

(59) 

It is appropriate to provide for special rules in respect of products imported from third 
countries if national provisions in force in third countries justify derogations from the 
marketing standards if their equivalence to Union legislation is guaranteed. 

It  is  appropriate  to  introduce  the  possibility  for  Member  States  to  maintain  or  adopt 
certain national rules on quality levels as regards spreadable fats. 

In order to address changes in the market situation, taking into account the specificity 
of each sector, the power to adopt certain acts in accordance with Article 290 of the 
Treaty should be delegated to the Commission in respect of acts to adopt, modify and 
derogate  from  requirements  related  to  the  general  marketing  standard,  and  rules 
concerning the conformity to it.  

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 and in order to adapt to the constantly 
changing market conditions, to the evolving consumer demands, as well as in order to 
take  into  account  the  developments  in  relevant  international  standards  and  to  take 
technical progress into account and avoid creating obstacles to product innovation, the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of acts to adopt marketing standards by sectors 
or products, at all stages of the marketing, as well as derogations and exemptions from 
the application of such standards and in respect of necessary modification, derogation 
or exemption from definitions and sales descriptions.  

(60) 

In order to ensure the correct and transparent application of national rules for certain 
products and/or sectors as regards marketing standards, the power to adopt certain acts 
in accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect of establishing conditions for application of such marketing standards as well 
as the conditions for the holding, circulation and use of the products obtained from the 
experimental practices.  

(61) 

In  order  to  take  account  of  the  specificities  in  trade  between  the  Union  and  certain 
third countries, the special character of some agricultural products and the specificity 

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of each sector, the power to adopt certain acts in accordance with Article 290 of the 
Treaty  should  be  delegated  to  the  Commission  concerning  a  tolerance  for  each 
marketing standard beyond which the entire batch of products should be considered as 
not  respecting  the  standard  and  concerning  rules  which  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 the rules that products be marketed in the Union 
only  in  accordance  with  such  standards  and  determine  the  rules  relating  to  the 
application of the marketing standards to products exported from the Union.  

(62)  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 through 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  by  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 foodstuffs17. 

(63) 

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.  

(64)  To  qualify  for  protection  in  the  Union,  designations  of  origin  and  geographical 
indications  for  wine  should  be  recognised  and  registered  at  the  Union  level  in 
accordance with procedural rules laid down by the Commission.  

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

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

(66)  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. 

(67)  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,  that 
protection  should  also  affect  products  and  services  not  covered  by  this  Regulation, 
including those not found in Annex I to the Treaty. 

(68) 

In  order  to  take  existing  labelling  practices  into  account,  the  power  to  adopt  certain 
acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission in respect of permitting the use of a name of a wine grape variety to be 
used  even  though  it  contains  or  consists  of  a  protected  designation  of  origin  or  a 
protected geographical indication.  

17 

OJ L 93, 31.3.2006, p. 12. 

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(69) 

In  order  to  take  account  of  the  specificities  of  the  production  in  the  demarcated 
geographical  area,  to  ensure  product  quality  and  traceability  and  to  ensure  the 
legitimate rights or interests of producers or operators the power to adopt certain acts 
in accordance with Article 290 of the Treaty should be delegated to the Commission 
concerning the principles for the demarcation of the geographical area, and definitions, 
restrictions and derogations related to the production in the demarcated geographical 
area;  concerning  the  conditions  under  which  product  specifications  may  include 
additional requirements; and concerning the elements of the product specification; the 
type  of  applicant  that  may  apply  for  the  protection  of  a  designation  of  origin  or 
geographical indication; the procedures to be followed in respect of an application for 
the  protection  of  a  designation  of  origin  or  geographical  indication,  including  on 
preliminary  national  procedures,  scrutiny  by  the  Commission,  objection  procedures, 
and  procedure  on  amendment,  cancellation  and  conversion  of  protected  designations 
of  origin  or  protected  geographical  indication;  the  procedures  applicable  to  trans-
border  applications;  procedures  for  applications  relating  to  geographical  areas  in  a 
third  country;  the  date  from  which  protection  shall  run;  the  procedures  related  to 
amendments  to  product  specifications;  and  the  date  on  which  an  amendment  shall 
enter into force.  

(70) 

In  order  to  ensure  adequate  protection  and  that  economic  operators  and  competent 
authorities  are  not  prejudiced  by  the  application  of  this  Regulation  as  regards  wine 
names which have been granted protection prior to 1 August 2009, the power to adopt 
certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission  in  respect  of  adoption  restrictions  regarding  the  protected  name  and  in 
respect  of  transitional  provisions  concerning:  wine  names  recognised  by  Member 
States  as  designations  of  origin  or  geographical  indications  by  1  August  2009; 
preliminary  national  procedure;  wines  placed  on  the  market  or  labelled  before  a 
specific date; and amendments to the product specifications. 

(71)  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. 

(72) 

In  order  to  ensure  an  adequate  protection,  the  legitimate  rights  of  producers  or 
operators  and  to  take  account  of  the  specificities  in  trade  between  the  Union  and 
certain third countries the power to adopt certain acts in accordance with Article 290 
of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of  provisions 
regarding the language and the spelling of a traditional term to be protected; regarding 
the definition of the type of applicants that may apply for the protection of a traditional 
term; the conditions of validity of an application for recognition of a traditional term; 
the grounds for objecting to a proposed recognition of a traditional term; the scope of 
the protection, including the relationship with trade marks, protected traditional terms, 
protected  designations  of  origin  or  geographical  indications,  homonyms,  or  certain 
wine  grape  names;  the  grounds  for  cancellation  of  a  traditional  term;  the  date  of 
submission of an application or a request; the procedures to be followed in respect of 
an  application  for  the  protection  of  a  traditional  term,  including  scrutiny  by  the 
the  procedures  on  cancellation  and 
Commission,  objection  procedures  and 
modification  and  in  respect  of  the  conditions  under  which  traditional  terms  may  be 
used on products from third countries and provide for related derogations. 

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(73)  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. 

(74) 

In  order  to  ensure  compliance  with  existing labelling  practices,  with  horizontal  rules 
related  to  labelling  and  presentation,  and  to  consider  the  specificities  of  the  wine 
sector; in order to ensure the efficiency of the certification, approval and verification 
procedures  and  the  legitimate  interests  of  operators  and  that  economic  operators  are 
not  prejudiced  the  power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the 
Treaty should be delegated to the Commission in respect of exceptional circumstances 
justifying  omitting  reference  to  the  terms  “protected  designation  of  origin”  or 
“protected geographical indication”; in respect of the presentation and use of labelling 
particulars  other  than  those  provided  for  in  this  Regulation;  certain  compulsory 
particulars; optional particulars; and presentation; in respect of the necessary measures 
as  regards  labelling  and  presentation  of  wines  bearing  a  designation  of  origin  or  a 
geographical indication, whose designation of origin or geographical indication meets 
the  necessary  requirements;  in  respect  of  wine  placed  on  the  market  and  labelled 
before 1 August 2009; and in respect of derogations on labelling and presentation. 

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

under Article 218 of the Treaty. 

(76) 

(77) 

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). 

(78)  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  permit  the  experimental  use  of 
unauthorised oenological practices under conditions to be defined. 

(79) 

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. 

(80)  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, 

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support for restructuring and conversion is limited to those Member States which have 
communicated the inventory.  

(81) 

(82) 

In order to facilitate the monitoring and the verification of the production potential by 
Member States, the power to adopt certain acts in accordance with Article 290 of the 
Treaty should be delegated to the Commission in respect of the scope and content of 
the vineyard register and exemptions.  

In order to facilitate the transport of wine products and verification thereof by Member 
States,  the  power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty 
should  be  delegated  to  the  Commission  in  respect  of  rules  on  the  accompanying 
document,  its  usage  and  the  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;  establish  an 
obligation  to  keep  a  register;  specify  who  shall keep a  register and exemptions from 
the obligation to keep a register; indicate the operations to be included in the register; 
and establish rules concerning the use of accompanying documents and registers. 

(83)  Specific instruments will still be needed after the end of the quota system to ensure a 
fair  balance  of  rights  and  obligations  between  sugar  undertakings  and  sugar  beet 
growers.  Therefore,  the  standard  provisions  governing  agreements  between  them 
should be established. 

(84) 

 In order to taking into account the specificities of the sugar sector and the interests of 
all parties, the power to adopt certain acts in accordance with Article 290 of the Treaty 
should be delegated to the Commission in respect of such agreements, in particular as 
regards  the  conditions  governing  the  purchase,  delivery,  taking  over  and  payment  of 
beet. 

(85)  Producer  organisations  and  their  associations  can  play  useful  roles  in  concentrating 
supply and promoting best practices. Interbranch organisations can play important part 
in  allowing  dialogue  between  actors  in  the  supply  chain,  and  in  promoting  best 
practices and market transparency. Existing rules on the definition and recognition of 
such organisations and their associations covering certain sectors should therefore be 
harmonised,  streamlined  and  extended  to  provide  for  recognition  on  request  under 
statutes set out in EU law in all sectors. 

(86)  Existing provisions in various sectors, boosting the impact of producer organisations 
their  associations  and  interbranch  organisations  by  permitting  Member  States,  under 
certain  conditions,  to  extend  certain  rules  of  such  organisations  to  non-member 
operators have proved effective and should be harmonised, streamlined and extended 
to all sectors.  

(87)  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 which may contribute to 
stabilising  the  markets  and  to  ensuring  a  fair  standard  of  living  for  the  agricultural 
community concerned. 

(88) 

In  order  to  encourage  action  by  producer  organisation,  their  associations  and 
interbranch organisations to facilitate the adjustment of supply to market requirements, 

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(89) 

(90) 

with  the  exception  of  action  relating  to  withdrawal  from  the  market,  the  power  to 
adopt certain acts in accordance with Article 290 of the Treaty should be delegated to 
the Commission in respect of measures concerning live plants, beef and veal, pigmeat, 
sheepmeat  and  goatmeat,  eggs  and  poultrymeat  sectors  to  improve  quality;  promote 
better organisation of production, processing and marketing; facilitate the recording of 
market price trends; and permit the establishment of short and long-term forecasts on 
the basis of the means of production used.  

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

In  the  absence  of  Union  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 the Union 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  Union,  in  the  interests  of 
subsidiarity, such a decision should remain with Member States. However, in the milk 
and milk products sector, 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 the Union 
level.  Since  some  dairy  co-operatives  may  have  rules  with  similar  effect  in  their 
statues, in the interests of simplicity they should be exempted from the requirement for 
a contract. In order to ensure that any such system is effective it should apply equally 
where intermediate parties collect milk from farmers to deliver to processors. 

(91) 

In order to ensure the rational development of production and thus a fair standard of 
living  for  dairy  farmers,  their  bargaining  power  vis-à-vis  processors  should  be 
strengthened  which  should  result  in  a  fairer  distribution  of  value-added  along  the 
supply chain. Therefore, in order to attain these CAP objectives, 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, 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. 

(92)  The  registration  of  all  supply  contracts  regarding  hops  produced  in  the  Union  is  a 

burdensome measure and should be discontinued. 

(93) 

In  order  to  ensure  that  the  objectives  and  responsibilities  of  producer  organisations, 
associations  of  producer  organisations,  interbranch  organisations  and  operator 
organisations  are  clearly  defined  so  as  to  contribute  to  the  effectiveness  of  their 
actions, to take into account the specificities of each sector, and to ensure the respect 
of  competition  and  the  good  functioning  of  the  common  market  organisation,  the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of rules on: the specific aims which may, shall 
or shall not be pursued by such organisations and associations, including derogations 
from those listed in this Regulation; the rules of association, the recognition, structure, 
legal personality, membership, size, accountability and activities of such organisations 
and associations, the effects deriving from recognition, the withdrawal of recognition, 
and  mergers;  transnational  organisations  and  associations;  outsourcing  of  activities 

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and  the  provision  of  technical  means  by  organisations  or  associations;  the  minimum 
volume  or  value  of  marketable  production  of  organisations  and  associations;  the 
extension  of  certain  rules  of  the  organisations  to  non-members  and  the  compulsory 
payment of subscriptions by non-members, including a list of stricter production rules 
which  may  be  extended,  further  requirements  as  regards  representativeness,  the 
economic  areas  concerned,  including  Commission  scrutiny  of  their  definition, 
minimum periods during which the rules should be in force before their extension, the 
persons  or organisations to whom the  rules or  contributions may be applied, and  the 
circumstances  in  which  the  Commission  may  require  that  the  extension  of  rules  or 
compulsory contributions be refused or withdrawn.  

(94)  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 and 
in bilateral agreements. 

(95)  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  or  exports  of  the 
products in question.  

(96) 

(97) 

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 or exports, the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of the list of the products of sectors subject to 
the presentation of an import or export licence; and the cases and situations where the 
presentation of an import or export licence is not required.  

In order to define the main elements of the licence system, the power to adopt certain 
acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission in respect of acts to: 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 or export, and the indication of the origin and provenance 
where that is compulsory; provide that the issue of an import 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; 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 and irregularities; and determine the cases and situations where the 
lodging  of  a  security  guaranteeing  that  the  products  are  imported  or  exported  within 
the period of validity of the licence is or is not required.  

(98)  The essential elements of customs duties applicable to agricultural products reflecting 
WTO  agreements  and  bilateral  agreements  are  laid  down  in  the  Common  Customs 
Tariff.  The  Commission  should  be  empowered  to  adopt  measures  for  the  detailed 
calculation of import duties pursuant to those essential elements. 

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(99) 

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. 

(100)  In order to ensure the efficiency of the entry price system, the power to adopt certain 
acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission in respect of providing for inclusion a check of the customs value against 
another value than the unit price.  

(101)  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. 

(102)  In  order  to  ensure  fair  access  to  the  quantities  available,  the  application  of  the 
agreements, commitments and rights of the Union, and an equal treatment of operators 
within  the  import  tariff  quota,  the  power  to  adopt  certain  acts  in  accordance  with 
Article 290 of the Treaty should be delegated to the Commission in respect of acts to: 
determine  the  conditions  and  eligibility  requirements  that  an  operator  has  to  fulfil  to 
submit  an  application  within  the  import  tariff  quota;  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; make the participation in the import 
tariff quota subject to the lodging of a security; adopt all the necessary provisions for 
any particular specificities, requirements or restrictions applicable to the tariff quota as 
set out in the international agreement or other act concerned.  

(103)  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. 

(104)  In order to ensure that products that are exported may benefit from a special treatment 
on import into a third country if certain conditions are respected, in accordance with 
agreements concluded by the Union in accordance with Article 218 of the Treaty, the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of  requiring the competent authorities of the 
Member States, on request and after appropriate checks, to issue a document certifying 
that the conditions are met.  

(105)  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. 

(106)  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. 

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(107)  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. 

(108)  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  European  Agricultural  Guarantee  Fund.  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. 

(109)  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. 

(110)  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 
legislation concerning animal welfare, in particular those concerning the protection of 
animals during transport, are respected. 

(111)  In  order  to  ensure  equality  of  access  to  export  refunds  for  exporters  of  agricultural 
products  covered  by  this  Regulation,  the  power  to  adopt  certain  acts  in  accordance 
with  Article  290  of  the  Treaty  should  be  delegated  to  the  Commission  in  respect  of 
applying  certain  rules  for  agricultural  products  to  products  exported  in  the  form  of 
processed goods.  

(112)  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 power to adopt certain acts 
in accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect  of  animal  welfare  requirements  outside  the  customs  territory  of  the  Union, 
including the use of independent third parties.  

(113)  In  order  to  ensure  that  operators  respect  their  obligations  when  participating  in 
tendering procedures, the power to adopt certain acts in accordance with Article 290 of 
the  Treaty  should  be  delegated  to  the  Commission  in  respect  of  designating  the 
primary requirement for release of licence securities for tendered export refunds.  

(114)  In order to minimise the administrative burden for operators and authorities, the power 
to adopt certain acts in accordance with Article 290 of the Treaty should be delegated 
to the Commission in respect of acts to set thresholds below which the obligation to 
issue  or  present  an  export  licence  may  not  be  required,  designate  destinations  or 

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operations where an exemption for the obligation to present an export licence can be 
justified and permit in justified situation export licences to be granted ex-post.  

(115)  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  power  to  adopt  certain  acts  in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect of measures pertaining to: another date for the refund; 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;  destinations 
treated  as  exports  from  the  Union,  and  inclusion  of  destinations  within  the  customs 
territory of the Union eligible for export refunds.  

(116)  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 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated  to  the  Commission  in  respect  of  measures  pertaining  to:  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; the proof of having reached a destination for 
differentiated  refunds;  the  refund  thresholds  and  conditions  under  which  exporters 
may be exempted from such proof; and conditions for approval of proof of reaching a 
destination for differentiated refunds by independent third parties.  

(117)  In order to take account of the specificities of the different sectors, the power to adopt 
certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be  delegated  to  the 
Commission in respect of specific requirements and conditions for operators and of the 
products  eligible  for  an  export  refund  including,  in  particular,  the  definition  and 
characteristics of the products, and the establishment of coefficients for the purposes 
of calculating export refunds.  

(118)  In  order  to  prevent  illicit  crops  from  disturbing  the  market  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 provides for the authorisation of the 
importers concerned.  

(119)  Minimum  export  prices  for  flowering  bulbs  are  no  longer  useful  and  should  be 

abolished. 

(120)  In  accordance  with  Article  42  of  the  Treaty  the  provisions  of  the  Treaty  concerning 
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.  

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(121)  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 jeopardise the attainment of the objectives of the CAP. 

(122)  A special approach should be allowed in the case of farmers' or producer organisations 
or  their  associations  the  objective  of  which  is  the  joint  production  or  marketing  of 
agricultural  products  or  the  use  of  joint  facilities,  unless  such  joint  action  excludes 
competition or jeopardises the attainment of the objectives of Article 39 of the Treaty. 

(123)  A  special  approach  should  be  allowed  as  regards  certain  activities  of  interbranch 
organisations  on  the  condition  that  they  do  not  lead  to  the  partitioning  of  markets, 
affect  the  sound  operation  of  the  CMO,  distort  or  eliminate  competition,  entail  the 
fixing of prices, or create discrimination. 

(124)  The  proper  working  of  the  single  market  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 agricultural products. In certain situations exceptions should be 
allowed.  Where  such  exceptions  apply,  the  Commission  should  be  in  a  position  to 
draw  up  a  list  of  existing,  new  or  proposed  national  aid,  to  make  appropriate 
observations to the Member States and to propose suitable measures. 

(125)  Due to the specific economic situation of the production and marketing of reindeer and 
reindeer products, Finland and Sweden should continue to grant national payments in 
that regard.  

(126)  In order to address justified cases of crisis even after the end of the transitional period, 
the distillation support measure provided for under the support programmes in 2012, 
Member States should be able to make national payments 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.  Such  national  payments 
should be notified to the Commission and approved under this Regulation before being 
granted. 

(127)  The provisions on the grubbing-up premium and certain measures under wine support 
programmes  should  not  by  themselves  preclude  national  payments  for  the  same 
purposes. 

(128)  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 make national payments to its sugar beet growers. 

(129)  Member States should be allowed to continue to make national payments for nuts as 
currently  provided  for  under  Article  120  of Regulation  (EC)  No  73/2009  in  order  to 
cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, 
since that Regulation is to be repealed, the national payments should be provided for 
in this Regulation. 

(130)  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 one or 

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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  or  plant  health  risks.  In  the  light  of 
experience measures attributable to a loss in consumer confidence should be extended 
to plant products. 

(131)  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 
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. 

(132)  Special  intervention  measures  should  be  provided  in  order  to  react  efficiently  and 
effectively against threats of market disturbance. The scope of those measures should 
be defined. 

(133)  In  order  to  react  efficiently  and  effectively  against  threats  of  market  disturbance 
caused  by significant  price  rises  or falls on internal or external markets  or  any other 
factors affecting the market, the power to adopt certain acts in accordance with Article 
290 of the Treaty should be delegated to the Commission in respect of the necessary 
measures  for  the  sector  concerned  including,  where  necessary,  measure  to  extend  or 
modify the scope, duration or other aspects of other measures provided for under this 
Regulation,  or  suspend  import  duties  in  whole  or  in  part  including  for  certain 
quantities and/or periods.  

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

specific problems in case of emergency. 

(135)  Undertakings,  Member  States  and/or  third  countries  may  be  required  to  submit 
communications  for  the  purposes  of  applying  this  Regulation,  monitoring,  analysing 
and  managing  the  market  in  agricultural  products,  ensuring  market  transparency,  the 
proper functioning of CAP measures, of checking, controlling, monitoring, evaluating 
and  auditing  CAP  measures,  and  implementing  international  agreements,  including 
notification  requirements  under  those  agreements.  In  order  to  ensure  a  harmonised, 
streamlined and simplified approach, the Commission should be empowered to adopt 
all the necessary measures regarding communications. In so doing it should take into 
account the data needs and synergies between potential data sources. 

(136)  In  order  to  make  communications  fast,  efficient,  accurate,  and  cost  effective,  the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of the nature and type of the information to be 
notified;  the  methods  of  notification;  the  rules  related  to  the  access  rights  to  the 
information or information systems made available; and the conditions and means of 
publication of the information.  

(137)  Union  legislation  concerning  the  protection  of  individuals  with  regard  to  the 
processing  of  personal  data  and  on  the  free  movement  of  such  data,  in  particular 
Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 
on the protection of individuals with regard to the processing of personal data and on 
the  free  movement  of  such  data  and  Regulation  (EC)  No  45/2001  of  the  European 
Parliament and of the Council of 18 December 2000 on the protection of individuals 

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with  regard  to  the  processing  of  personal  data  by  the  Community  institutions  and 
bodies and on the free movement of such data are applicable. 

(138)  Funds should be transferred from the Reserve for crises in the agricultural sector under 
the  conditions  and  procedure  referred  to  in  paragraph  14  of  the  Interinstitutional 
Agreement  between  the  European  Parliament,  the  Council  and  the  Commission  on 
cooperation in budgetary matters and on sound financial management18, and it should 
be clarified that this Regulation is the applicable basic act. 

(139)  In  order  to  ensure  the  smooth  transition  from  the  arrangements  provided  for  in 
Regulation  (EU)  No  [COM(2010)799]  to  those  laid  down  in  this  Regulation,  the 
power  to  adopt  certain  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission in respect of the necessary measures, in particular those 
necessary to protect the acquired rights and legitimate expectations of undertakings.  

(140)  The  use  of  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. 

(141)  In  order  to  ensure  uniform  conditions  for  the  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission. Those powers should 
be  exercised  in  accordance  with  Regulation  (EU)  No  182/2011  of  the  European 
Parliament  and  the  Council  of  16  February  2011  laying  down  the  rules  and  general 
principles  concerning  mechanisms  for  control  by  the  Member  States  of  the 
Commission's exercise of implementing powers19. 

(142)  The examination procedure should be used for the adoption of the acts implementing 
this  Regulation  given  that  those  acts  relate  to  the  CAP  as  referred  to  in  point  (ii)  of 
Article  2(2)(b)  of  Regulation  (EU)  No  182/2011.  However,  the  advisory  procedure 
should  be  used  for  the  adoption  of  the  acts  implementing  this  Regulation  relating  to 
competition matters given that the advisory procedure is used for the adoption of acts 
implementing competition law in general.  

(143)  The  Commission  should  adopt  immediately  applicable  implementing  acts  where,  in 
duly  justified  cases  imperative  grounds  of  urgency  so  require,  relating  to  adopting, 
amending or revoking Union safeguard measures, suspending the use of processing or 
inward or outward processing arrangements, if necessary to react immediately to the 
market situation, and resolving specific problems in an emergency, if such immediate 
action is needed to deal with the problems.  

(144)  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 applying Regulation (EU) No 182/2011. 

18 
19 

OJ L […], […], p. […]. 
OJ L 55, 28.2.2011, p. 13. 

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(145)  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. 

(146)  Pursuant  to  Regulation  (EU)  No  [COM(2010)799]  several  sectoral  measures, 
including on milk quotas, sugar quotas and other sugar measures and the restrictions 
on the planting of vines, as well as certain state aids, will expire within a reasonable 
period following the entry in force of this Regulation. After the repeal of Regulation 
(EU) No [COM(2010)799], the relevant provisions should continue to apply until the 
end of the schemes concerned. 

(147)  In  order  to  ensure  a  smooth  transition  from  the  arrangements  provided  for  in 
Regulation  (EU)  No  [COM(2010)799]  to  the  provisions  of  this  Regulation,  the 
Commission should be empowered to adopt transitional measures. 

(148)  Council Regulation (EC) No 1601/96 of 30 July 1996 laying down, in respect of hops, 
the amount of aid to producers for the 1995 harvest20 is a temporary measure, which 
by its nature, is now obsolete. Council Regulation (EC) No 1037/2001 of 22 May 2001 
authorising  the  offer  and  delivery  for  direct  human  consumption  of  certain  imported 
wines which may have undergone oenological processes not provided for in Council 
Regulation  (EC)  No  1493/199921  has  been  superseded  by  the  provisions  of  the 
Agreement  between  the  European  Community  and  the  United  States  of  America  on 
trade in wine adopted by Council Decision 2006/232/EC of 20 December 200522 and 
is therefore obsolete. In the interests of clarity and legal certainty Regulations (EC) No 
1601/96 and (EC) No 1037/2001 should be repealed. 

(149)  As regards contractual relations 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. The Commission should 
adopt reports on the development of the milk market, 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 respectively, 

HAVE ADOPTED THIS REGULATION: 

20 
21 
22 

OJ L 206, 16.8.1996, p. 46. 
OJ L 87, 24.3.2007, p. 1. 
OJ L 145, 31.5.2001, p. 12. 

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TABLE OF CONTENTS 

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

1. 

2. 

3. 

4. 

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

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

LEGAL ELEMENTS OF THE PROPOSAL .............................................................. 6 

BUDGETARY IMPLICATION .................................................................................. 7 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
establishing a common organisation of the markets in agricultural products (Single CMO 
Regulation) ................................................................................................................................. 9 

PART I INTRODUCTORY PROVISIONS ............................................................................ 37 

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

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

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

Section 1 General provisions on public intervention and aid for private storage .................... 41 

Section 2 Public intervention ................................................................................................... 42 

Section 3 Aid for Private storage ............................................................................................. 45 

Section 4 Common provisions on public intervention and aid for private storage .................. 46 

CHAPTER II Aid schemes ...................................................................................................... 50 

Section 1 Schemes to improve access to food.......................................................................... 50 

Subsection 1 School Fruit Scheme........................................................................................... 50 

Subsection 2 School milk scheme ............................................................................................ 52 

Section 2 Aid in the olive oil and table olives sector ............................................................... 54 

Section 3 Aid in the fruit and vegetables sector....................................................................... 55 

Section 4 Support programmes in the wine sector................................................................... 62 

Subsection 1 General provisions and eligible measures .......................................................... 62 

Subsection 2 Specific support measures .................................................................................. 64 

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Subsection 3 Procedural provisions ......................................................................................... 68 

Section 5 aid in the apiculture sector ....................................................................................... 70 

TITLE II RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS 71 

CHAPTER I Rules concerning marketing ............................................................................... 71 

Section 1 Marketing standards ................................................................................................. 71 

Subsection 1 Introductory provisions....................................................................................... 71 

Subsection 2 General marketing standard................................................................................ 71 

Subsection 3 Marketing standards by sectors or products ....................................................... 72 

Subsection 4 Marketing standards related to import and export.............................................. 78 

Subsection 5 Common provisions............................................................................................ 79 

Section 2 Designations of origin, geographical indications and traditional terms in the wine 
sector ........................................................................................................................................ 80 

Subsection 1 Introductory provisions....................................................................................... 80 

Subsection 2 Designations of origin and geographical indications.......................................... 80 

Subsection 3 Traditional terms................................................................................................. 90 

Section 3 Labelling and presentation in the wine sector.......................................................... 92 

CHAPTER II SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS ............................. 97 

Section 1 Sugar......................................................................................................................... 97 

Section 2 Wine ......................................................................................................................... 97 

Section 3 Milk and milk products ............................................................................................ 99 

CHAPTER III Producer organisations and associations, interbranch organisations, operator 
organisations........................................................................................................................... 101 

Section 1 Definition and recognition ..................................................................................... 101 

Section 2 Extension of rules and compulsory contributions .................................................. 104 

Section 3 Adjustment of supply ............................................................................................. 106 

Section 4 Procedural rules...................................................................................................... 107 

PART III TRADE WITH THIRD COUNTRIES .................................................................. 109 

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CHAPTER I Import and export licences................................................................................ 109 

Chapter II Import duties ......................................................................................................... 111 

Chapter III Tariff quota management and special treatment of imports by third countries... 113 

Chapter IV Special import provisions for certain products.................................................... 115 

Chapter V Safeguard and inward processing ......................................................................... 116 

Chapter VI Export refunds ..................................................................................................... 119 

Chapter VII Outward processing............................................................................................ 124 

PART IV COMPETITION RULES....................................................................................... 125 

CHAPTER I Rules applying to undertakings ........................................................................ 125 

CHAPTER II State aid rules .................................................................................................. 128 

PART V GENERAL PROVISIONS...................................................................................... 132 

CHAPTER I Exceptional measures ....................................................................................... 132 

Section 1 Market disturbance................................................................................................. 132 

Section 2 market support measures related to animal diseases and loss of consumer 
confidence due to public, animal or plant health risks........................................................... 132 

Section 3 Specific problems ................................................................................................... 134 

CHAPTER II Communications and reporting ....................................................................... 134 

CHAPTER III Reserve for crises in the agricultural sector ................................................... 136 

PART VI DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, 
TRANSITIONAL AND FINAL RULES .............................................................................. 137 

CHAPTER I Delegations of power and implementing provisions ........................................ 137 

CHAPTER II Transitional and final provisions..................................................................... 138 

ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2) Part I: Cereals........ 141 

Part II: Rice ............................................................................................................................ 144 

Part III: Sugar ......................................................................................................................... 145 

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Part IV: Dried fodder.............................................................................................................. 145 

Part V: Seeds .......................................................................................................................... 146 

Part VI: Hops.......................................................................................................................... 147 

Part VII: Olive oil and table olives......................................................................................... 147 

Part VIII: Flax and hemp........................................................................................................ 147 

Part IX: Fruit and vegetables.................................................................................................. 148 

Part X: Processed fruit and vegetable products...................................................................... 148 

Part XI: Bananas..................................................................................................................... 151 

Part XII: Wine ........................................................................................................................ 151 

Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental 
foliage..................................................................................................................................... 152 

Part XIV: Tobacco ................................................................................................................. 152 

Part XV: Beef and veal........................................................................................................... 152 

Part XVI: Milk and milk products.......................................................................................... 153 

Part XVII: Pigmeat................................................................................................................. 153 

Part XVIII: Sheepmeat and goatmeat..................................................................................... 154 

Part XIX: Eggs ....................................................................................................................... 154 

Part XX: Poultrymeat ............................................................................................................. 155 

Part XXI: Ethyl alcohol of agricultural origin ....................................................................... 155 

Part XXII: Apiculture products .............................................................................................. 156 

Part XXIII: Silkworms ........................................................................................................... 156 

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Part XXIV: Other products .................................................................................................... 157 

ANNEX II DEFINITIONS REFERRED TO IN ARTICLE 3(1) Part I: Definitions concerning 
the rice sector ......................................................................................................................... 165 

Part II: Definitions concerning the hops sector ...................................................................... 168 

Part III: Definitions concerning the wine sector .................................................................... 168 

Part IV: Definitions concerning the beef and veal sector....................................................... 170 

Part V: Definitions concerning the milk and milk products sector ........................................ 170 

Part VI: Definitions concerning the eggs sector..................................................................... 171 

Part VII: Definitions concerning the poultrymeat sector ....................................................... 171 

Part VIII: Definitions concerning the apiculture sector ......................................................... 172 

ANNEX III STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN 
ARTICLE 7 ............................................................................................................................ 174 

ANNEX IV BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 
41(1) ....................................................................................................................................... 176 

ANNEX V INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 56(3)
................................................................................................................................................ 177 

ANNEX VI DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF 
PRODUCTS REFERRED TO IN ARTICLE 60 ................................................................... 178 

Part I. Meat of bovine animals aged less than 12 months ...................................................... 178 

I. 

II. 

Definition ................................................................................................................. 178 

Sales descriptions ..................................................................................................... 178 

Part II.Grapevine products ..................................................................................................... 181 

Part III.Milk and milk products.............................................................................................. 188 

Part IV.Milk for human consumption falling within CN code 0401 ..................................... 189 

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Part V.Products of the poultrymeat sector ............................................................................. 192 

Part VI.Spreadable fats........................................................................................................... 194 

Part VII.Descriptions and definitions of olive oil and olive pomace oils .............................. 197 

Appendix to Annex VI (referred to in Part II) Wine growing zones ..................................... 198 

ANNEX VII OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62 Part I 
Enrichment, acidification and de-acidification in certain wine-growing zones..................... 203 

Part II Restrictions.................................................................................................................. 206 

ANNEX VIII CORRELATION TABLES REFERRED TO IN ARTICLE 164................... 209 

LEGISLATIVE FINANCIAL STATEMENT....................................................................... 225 

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PART I 

INTRODUCTORY PROVISIONS 

Article 1 

Scope 

1. 

2. 

This  Regulation  establishes  a  common  organisation  of  the  markets  for  agricultural 
products,  which  shall  mean  all  the  products  listed  in  Annex  I  TFEU  with  the 
exception  of  the  fishery  and  aquaculture  products  listed  in  Annex  I  to  Regulation 
(EU) No [COM(2011)416] on the common organisation of the markets in fishery and 
aquaculture products. 

Agricultural  products  as  defined  in  paragraph  1  shall  be  divided  into  the  following 
sectors as listed 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, Part XIII of Annex I; 

(n) 

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; 

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(q)  pigmeat, Part XVII of Annex I; 

(r) 

sheepmeat and goatmeat, Part XVIII of Annex I; 

(s) 

eggs, Part XIX of Annex I; 

(t) 

poultrymeat, Part XX of Annex I; 

(u) 

ethyl alcohol, Part XXI of Annex I; 

(v) 

apiculture, Part XXII of Annex I; 

(w)  silkworms, Part XXIII of Annex I 

(x)  other products, Part XXIV of Annex I. 

Article 2 

General common agricultural policy (CAP) provisions 

Regulation  (EU)  No […]  on  the  financing,  management  and  monitoring  of  the  common 
agricultural  policy  and  the  provisions  adopted  pursuant  to  it  shall  apply  in  relation  to  the 
measures set out in this Regulation. 

Article 3 

Definitions 

1. 

2. 

3. 

4. 

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

The  definitions  set  out  in  Regulation  (EU)  No  […]  on  the  financing,  management 
and  monitoring  of  the  common  agricultural  policy,  Regulation  (EU)  No  […] 
establishing  rules  for  direct  payment  to  farmers  under  support  schemes  within  the 
framework  of  the  common  agricultural  policy  and  Regulation  (EU)  No  […]  on 
support  for  rural  development  by  the  European  Agricultural  Fund  for  Rural 
Development  (EAFRD)  shall  apply,  where  necessary  for  the  purposes  of  this 
Regulation. 

Taking  into  account  the  specificities  of  the  rice  sector,  the  Commission  shall  be 
empowered  to  adopt  delegated  acts  in  accordance  with  Article  160  to  update  the 
definitions concerning the rice sector set out in Part I of Annex II. 

For  the  purposes  of  this  Regulation,  "less  developed  regions"  shall  mean  those 
regions  defined  as  such  in  Article  82(2)(a)  of  Regulation  (EU)  [COM(2011)615] 
laying down common provisions on the European Regional Development Fund, the 
European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural 
Development  and  the  European  Maritime  and  Fisheries  Fund  covered  by  the 
Common Strategic Framework and laying down general provisions on the European 

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Regional Development Fund, the European Social Fund and the Cohesion Fund and 
repealing Regulation (EC) No 1083/200623. 

Article 4 

Adjustments to the Common Customs Tariff nomenclature used for agricultural products 

The Commission may, by means of implementing acts, when necessary due to amendments to 
the combined nomenclature, adjust the description of products and references to the headings 
or subheadings of the combined nomenclature in this Regulation or other acts adopted under 
Article  43  of  the  Treaty.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 162(2). 

Article 5 

Conversion rates for rice 

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 for rice. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2) 

Article 6 
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: 

(i) 

the cereals sector; 

(ii) 

the seeds sector; 

(iii) 

the olive oil and table olives sector; 

23 

OJ L […], […], p. […]. 

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39 

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(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. 

Taking  into  account  the  specificities  of  the  fruit  and  vegetables  and  processed  fruit  and 
vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance 
with Article 160 to fix the marketing years for those products. 

Article 7 

Reference prices 

The following reference prices are fixed: 

(a) 

(b) 

(c) 

(d) 

as  regards  the  cereals  sector,  EUR  101,31/tonne,  related  to  the  wholesale  stage  for 
goods delivered to the warehouse, before unloading; 

as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A 
of  Annex III,  related  to  the  wholesale  stage  for  goods  delivered  to  the  warehouse, 
before unloading; 

as  regards  sugar  of  standard  quality  as  defined  in  point  B  of  Annex  III,  related  to 
unpacked sugar, ex-factory: 

(i) 

for white sugar: EUR 404,4/tonne; 

(ii) 

for raw sugar: EUR 335,2/tonne. 

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 pursuant to Article 18(8); 

(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  pigmeat,  EUR  1 509,39/tonne  for  pig  carcasses  of  a  standard  quality 
defined in terms of weight and lean meat content as laid down in the Union scale for 
the classification of pig carcasses pursuant to Article 18(8) as follows: 

(i) 

carcasses weighing from 60 to less than 120 kg: grade E; 

(ii) 

carcasses weighing from 120 to 180 kg: grade R. 

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PART II 

INTERNAL MARKET 

TITLE I 

MARKET INTERVENTION 

CHAPTER I 

Public intervention and aid for private storage  

SECTION 1 

GENERAL PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE 
STORAGE 

Article 8 

Scope 

This Chapter lays down rules on market intervention concerning:  

(a) 

public intervention, where products are bought-in by the competent authorities of the 
Member States and stored by them until disposed of, and 

(b) 

granting of aid for the storage of products by private operators. 

Article 9 

Origin of eligible products 

Products eligible for buying-in under public intervention or for the granting of aid for private 
storage  shall  originate  in  the  Union.  In  addition,  if  they  come  from  crops,  those  crops  shall 
have  been  harvested  in  the  Union  and  if  they  come  from  milk,  that  milk  shall  have  been 
produced in the Union. 

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SECTION 2 

PUBLIC INTERVENTION  

Article 10 

Products eligible for public intervention 

Public intervention shall apply in respect of the following products subject to the conditions 
laid  down  in  this  Section  and  requirements  and  conditions  to  be  determined  by  the 
Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19: 

(a) 

(b) 

(c) 

(d) 

(e) 

common wheat, barley and maize; 

paddy rice; 

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  obtained  directly 
and  exclusively  from  cow's  milk  in  an  approved  undertaking  in  the  Union  of  a 
minimum  butterfat  content,  by  weight,  of  82 %  and  a  maximum  water  content,  by 
weight, of 16 %; 

skimmed  milk  powder  of  top  quality  made  from  cow's  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. 

Article 11 

Public intervention periods 

Public intervention shall be available for: 

(a) 

(b) 

(c) 

(d) 

common wheat, barley and maize, from 1 November to 31 May; 

paddy rice, from 1 April to 31 July; 

beef and veal, throughout the marketing year; 

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

Article 12 

Opening and closing of public intervention 

1. 

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

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2. 

1. 

2. 

(a) 

shall be open for common wheat, butter and skimmed milk powder; 

(b)  may be opened by the Commission, by means of implementing acts, for barley, 
maize,  and  paddy  rice  (including  specific  varieties  or  types  of  paddy  rice),  if 
the market situation so requires. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 162(2); 

(c)  may be opened for the beef and veal sector by the Commission, by means of 
other  implementing  acts,  if  the  average  market  price  over  a  representative 
period adopted pursuant to Article 19(a) 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 adopted pursuant to in Article 18(8) is below EUR 1 560/tonne. 

The Commission may, by means of implementing acts, close public intervention for 
the  beef  and  veal  sector,  where,  over  a  representative  period  adopted  pursuant  to 
Article  19(a),  the  conditions  provided  for in  point  (c)  of  paragraph  1  are  no  longer 
fulfilled. 

Article 13 

Buying-in at a fixed price or tendering 

Where  public  intervention  is  open  pursuant  to  point  (a)  of  Article  12(1),  buying-in 
shall  be  carried  out  at  a  fixed  price  within  the  following  limits  for  each  period 
referred to in Article 11: 

(a) 

for common wheat, 3 million tonnes; 

(b) 

for butter, 30 000 tonnes; 

(c) 

for skimmed milk powder, 109 000 tonnes. 

Where  public  intervention  is  open  pursuant  to  Article  12(1),  buying-in  shall  be 
carried  out  by  way  of  a  tendering  procedure  to  determine  the  maximum  buying-in 
price: 

(a) 

for  common  wheat,  butter  and  skimmed  milk  powder  beyond  the  limits 
referred to in paragraph 1, 

(b) 

for barley, maize, paddy rice and beef and veal. 

In  special  and  duly  justified  circumstances,  the  Commission  may,  by  means  of 
implementing  acts,  restrict  tendering  procedures  to  a  Member  State  or  region  of  a 
Member State, or, subject to Article 14(2), determine the buying-in prices for public 
intervention per Member State or region of a Member State on the basis of recorded 
average market prices. Those implementing acts shall be adopted in accordance with 
the examination procedure referred to in Article 162(2). 

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Article 14 

Public intervention prices 

1. 

Public intervention price shall mean: 

(a) 

(b) 

the price at which products shall be bought-in under public intervention where 
this is done at a fixed price, or 

the maximum price at which products  eligible for public intervention may be 
bought-in where this is done by tendering. 

2. 

The level of the public intervention price: 

(a) 

for common wheat, barley, maize, paddy rice and skimmed milk powder shall 
be  equal  to  the  respective  reference  prices  fixed  in  Article  7  in  the  case  of 
buying-in at a fixed price and shall not exceed the respective reference prices 
in the case of buying-in by tendering; 

(b) 

for butter shall be equal to 90 % of the reference price fixed in Article 7 in the 
case  of buying-in at a  fixed price  and shall not exceed 90 % of the reference 
price in the case of buying-in by tendering; 

(c) 

for beef and veal, shall not exceed the price referred to in point (c) of Article 
12(1). 

3. 

The  public  intervention  prices  referred  to  in  paragraphs  1  and  2  shall  be  without 
prejudice  to  price  increases  or  reductions  for  quality  reasons  for  common  wheat, 
barley, maize and paddy rice. Moreover, taking into account the need to ensure that 
production is orientated towards certain varieties of paddy rice, the Commission shall 
be empowered to adopt delegated acts in accordance with Article 160 to fix increases 
and reductions of the public intervention price. 

Article 15 

General principles on disposal from public intervention 

Disposal of products bought in under public intervention shall take place in such a way as to:  

(a) 

(b) 

(c) 

avoid any disturbance of the market,  

ensure equal access to goods and equal treatment of purchasers and  

be  in  compliance  with  the  commitments  resulting  from  agreements  concluded  in 
accordance with Article 218 of the Treaty. 

Products may be disposed of by making them available for the scheme for food distribution to 
the most deprived in the Union set out in Regulation (EU) No […] if that scheme so provides. 
In that case, the accounting value of such products shall be at the level of the relevant fixed 
public intervention price referred to in Article 14(2). 

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SECTION 3 

AID FOR PRIVATE STORAGE 

Article 16 

Products eligible  

Aid  for  private  storage  may  be  granted  in  respect  of  the  following  products  subject  to  the 
conditions  set  out  in  this  Section  and  to  requirements  and  conditions  to  be  adopted  by  the 
Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

1. 

2. 

3. 

white sugar; 

olive oil; 

flax fibre; 

fresh or chilled meat of adult bovine animals; 

butter produced from cream obtained directly and exclusively from cow's milk; 

skimmed milk powder made from cow's milk; 

pigmeat; 

sheepmeat and goatmeat. 

Article 17 

Conditions for granting aid 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160, where necessary in order to provide for market transparency to lay down 
the conditions under which it may decide to grant private storage aid for the products 
listed  in  Article  16,  taking  into  account  average  recorded  Union  market  prices  and 
the  reference  prices  for  the  products  concerned  or  the  need  to  respond  to  a 
particularly difficult market situation or economic developments in the sector in one 
or more Member States. 

The  Commission  may,  by  means  of  implementing  acts,  decide  to  grant  private 
storage  aid  for  the  products  listed  in  Article  16,  taking  into  account  the  conditions 
referred to in paragraph 1 of this Article. Those implementing acts shall be adopted 
in accordance with the examination procedure referred to in Article 162(2). 

The Commission shall, by means of implementing acts fix the aid for private storage 
provided  for  in  Article  16  in  advance  or  by  means  of  tendering  procedures.  Those 

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4. 

1. 

2. 

3. 

4. 

5. 

implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

The  Commission  may,  by  means  of  implementing  acts,  restrict  the  granting  of 
private  storage  aid  or  fix  the  private  storage  aid  per  Member  State  or  region  of  a 
Member State on the basis of recorded average market prices. Those implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in 
Article 162(2). 

SECTION 4 

COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE 
STORAGE 

Article 18 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article. 

Taking  into  account  the  specificities  of  the  different  sectors,  the  Commission  may, 
by  means  of  delegated  acts,  adopt  the  requirements  and  conditions  to  be  met  by 
products bought-in under public intervention and stored under the system of granting 
an  aid  for  private  storage,  in  addition  to  the  requirements  laid  down  in  this 
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,  packaging,  labelling,  maximum  ages, 
preservation, the stage of the products to which the public intervention price and the 
aid for private storage applies. 

Taking  into  account  the  specificities  of  the  cereals  and  paddy  rice  sectors,  the 
Commission may, by means of delegated acts, adopt the price increases or reductions 
for quality reasons referred to in Article 14(3) as regards both buying-in and sales of 
common wheat, barley, maize and paddy rice. 

Taking  into  account  the  specificities  of  the  beef  and  veal  sector,  the  Commission 
may, by means of delegated acts, adopt rules concerning the obligation for the paying 
agencies to have all the beef boned after the take-over and prior to the placing into 
storage. 

Taking into account the diversity of situations relating to the storage of intervention 
stocks in the Union and ensuring 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 to be 
bought-in under the system, rules on minimum storage capacity for the storage 
places  and  technical  requirements  for  keeping  products  taken-over  in  good 
condition and for their disposal at the end of the storage period; 

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(b) 

rules on sale of small quantities remaining in storage in the Member States, to 
be  carried  out  under  their  responsibility,  by  applying  the  same  procedures  as 
those applied by the Union; and rules for direct sale of quantities which may no 
longer be repackaged or are deteriorated; 

(c) 

rules  on  storage  of  products  inside and  outside  the  Member  State  responsible 
for them and for treatment of such products as regards customs duties and any 
other amounts to be granted or levied under the CAP. 

6. 

Taking  into  account  the  need  to  ensure  that  aid  for  private  storage  has  the  desired 
effect on the market, the Commission, by means of delegated acts: 

(a) 

shall  adopt  measures  for  reducing  the  amount  of  aid  to  be  paid  where  the 
quantity stored is lower than the contracted quantity; 

(b)  may lay down conditions for granting of an advance payment. 

7. 

Taking  into  account  the  rights  and  obligations  of  operators  participating  in  public 
intervention  or  private  storage,  the  Commission  may,  by  means  of  delegated  acts, 
adopt rules on: 

(a) 

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

8. 

9. 

(b) 

eligibility of operators;  

(c) 

the  obligation  to  lodge  a  security  guaranteeing  the  execution  of  operators' 
obligations. 

Taking into account the need 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 aid for private storage, the Commission may, by means of delegated 
acts, adopt Union scales for the classification of carcasses in the following sectors: 

(a) 

beef and veal; 

(b)  pigmeat; 

(c) 

sheepmeat and goatmeat. 

Taking  into  account  the  need  to  ensure  the  accuracy  and  reliability  of  the 
classification of carcasses, the Commission may, by means of delegated acts, provide 
for the review of the application of classification of carcasses in Member States by a 
Union committee composed of experts from the Commission and experts appointed 
by the Member States. Those provisions may provide for the Union to bear the costs 
resulting from the review activity. 

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Article 19 

Implementing powers in accordance with the examination procedure 

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

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

the representative periods, markets and market prices necessary for the application of 
this Chapter; 

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

the  different  operations  connected  with  the  boning  process  for  the  beef  and  veal 
sector; 

any  authorisation  of  storage  outside  the  territory  of  the  Member  State  where  the 
products have been bought-in and stored; 

the  conditions  for  the  sale  or  disposal  of  products  bought-in  under  public 
intervention, in particular, regarding selling prices, the conditions for removal from 
storage, the subsequent use or destination of products released, including procedures 
relating to products made available for use in the scheme for food distribution to the 
most deprived in the Union, including transfers between Member States; 

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

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

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 a fixed price or for 
granting the aid for private storage at a fixed price; 

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

(i) 

(ii) 

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

selection  of  offers  ensuring  that  preference  is  given  to  those  which  are  most 
favourable to the Union whilst permitting that the award of a contract shall not 
necessarily ensue. 

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Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Article 20 

Other implementing powers  

The Commission shall adopt implementing acts necessary in order to: 

(a) 

(b) 

respect the intervention limits set out in Article 13(1); and 

apply the tendering procedure referred to in Article 13(2) for common wheat, butter 
and skimmed milk powder beyond the quantities set out in Article 13(1). 

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CHAPTER II 

Aid schemes 

SECTION 1 

SCHEMES TO IMPROVE ACCESS TO FOOD 

SUBSECTION 1 

SCHOOL FRUIT SCHEME 

Article 21 

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 22 and 23, Union aid shall be granted for: 

2. 

3. 

(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, evaluation and accompanying measures. 

Member  States  wishing  to  participate  in  the  scheme  shall  draw  up,  at  national  or 
regional level, a prior strategy for the implementation of the scheme. They shall also 
provide for the accompanying measures necessary to make the scheme effective. 

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  the  measures  adopted  by  the  Commission  by  means  of 
delegated  acts  pursuant  to  point  (a)  of  Article  22(2).  Member  States  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 originating in the Union. 

4. 

The Union aid referred to in paragraph 1 shall neither: 

(a) 

exceed EUR 150 million per school year; nor 

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5. 

7. 

8. 

9. 

1. 

2. 

(b) 

exceed 75 % of the costs of supply and related costs referred to in paragraph 1, 
or 90 % of such costs in less developed regions 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. 

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 point (b) of paragraph 
4  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  implementation 
strategy how it intends to extend its scheme or make it more effective. 

Member States may, in addition to Union aid, grant national aid in accordance with 
Article 152. 

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  6  of  Regulation  (EU)  No  […]  on  the 
financing,  management  and  monitoring  of  the  common  agricultural  policy, 
information,  monitoring  and  evaluation  measures  relating  to  the  School  Fruit 
Scheme, including raising public awareness of it, and related networking measures. 

Article 22 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. 

Taking  into  account  the  need  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, taking into account nutritional 
aspects; 

(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. 

3. 

Taking  into  account  the  need  to  ensure  the  efficient  and  targeted  use  of  European 
Funds, the Commission may by means of delegated acts, adopt rules on: 

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(a) 

objective  criteria  for  the  allocation  of  aid  between  Member  States,  the 
indicative  allocation  of  aid  between  Member  States  and  the  method  for 
reallocating aid between Member States based on applications received; 

(b) 

the costs eligible for aid, including the  possibility  of  fixing  an  overall  ceiling 
for such costs; 

(c)  monitoring and evaluation. 

4. 

Taking into account the need to promote awareness of the scheme the Commission 
may,  by  means  of  delegated  acts,  require  participating  Member  States  to  publicise 
the subsidising role of the scheme. 

Article 23 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts, adopt all necessary measures related 
to this Subsection as regards, in particular:  

(a) 

(b) 

(c) 

the  definitive  allocation  of  aid  between  participating  Member  States  within  the 
appropriations available in the budget; 

the aid applications and payments; 

the methods of publicising, and networking measures in respect of, the scheme. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

SUBSECTION 2 

SCHOOL MILK SCHEME 

Article 24 

Supply of milk products to children 

1. 

2. 

3. 

4. 

Union  aid  shall  be  granted  for  supplying  to  children  in  educational  establishments 
certain products of the milk and milk products sector.  

Member  States,  at  national  or  regional  level,  wishing  to  participate  in  the  scheme 
shall draw up a prior strategy for its implementation. 

Member States may, in addition to Union aid, grant national aid in accordance with 
Article 152. 

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

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5. 

The Union aid provided for in paragraph 1 shall be granted on a maximum quantity 
of 0,25 litre of milk equivalent per child and per school day. 

Article 25 

Delegated powers 

1. 

2. 

3. 

4. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. 

Taking into account of the evolution in the dairy products consumption patterns and 
of  the  innovations  and  developments  on  the  dairy  products  market,  and  taking  into 
account  nutritional  aspects,  the  Commission  shall,  by  means  of  delegated  acts, 
determine  the  products  that  are  eligible  for  the  scheme  and  adopt  rules  on  the 
national or regional strategies that Member States must draw up in order to benefit 
from the aid and the target group for the scheme. 

Taking  ito  account  the  need  to  ensure  that  the  appropriate  beneficiaries  and 
applicants  qualify  for  the  aid,  the  Commission  shall,  by  means  of  delegated  acts, 
adopt the conditions for granting aid.  

Taking into account the need to ensure that applicants respect their obligations, the 
Commission shall,  by  means of delegated  acts, adopt measures on the lodging of a 
security guaranteeing the execution where an advance of aid is paid 

Taking  into  account  the  need  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 scheme. 

Article 26 

Implementing powers in accordance with the examination procedure 

The  Commission  may,  by  means  of  implementing  acts,  adopt  all  necessary  measures  as 
regards, in particular: 

(a) 

(b) 

(c) 

procedures to ensure the respect of the maximum quantity eligible for the aid; 

approval of applicants, aid applications and payments; 

the methods of publicising the scheme. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

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SECTION 2 

AID IN THE OLIVE OIL AND TABLE OLIVES SECTOR 

Article 27 

Aid to operator organisations 

1. 

The Union shall finance three-year work programmes to be drawn up by the operator 
organisations as defined in Article 109 in one or more of the following areas:  

(a) 

the improvement of the environmental impacts of olive cultivation; 

(b) 

the improvement of the production quality of olive oil and table olives; 

(c) 

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.  

2. 

The Union financing of the work programmes referred to in paragraph 1 shall be: 

(a)  EUR 11 098 000 per year for Greece; 

(b)  EUR 576 000 per year for France; and 

(c)  EUR 35 991 000 per year for Italy. 

3. 

The  maximum  Union  funding  for  the  work  programmes  referred  to  in  paragraph 1 
shall be equal to the amounts withheld by the Member States. The maximum funding 
of the eligible cost shall be: 

(a) 

75 % for activities in the areas referred to in point (a) of paragraph 1; 

(b)  75 %  for  fixed  assets  investments  and  50 %  for  other  activities  in  the  area 

referred to in point (b) 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 point (c) 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. 

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Article 28 

Delegated powers 

1. 

Taking into account the need to ensure that aid provided for in Article 27 meets its 
objectives  of  improving  the  production  quality  of  olive  oil  and  table  olives,  the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
160, concerning: 

(a) 

conditions for the approval of operator organisations for the purposes of the aid 
scheme, and for the suspension or withdrawal of such approval; 

(b)  measures eligible for Union financing; 

(c) 

allocation of Union financing to particular measures; 

(d) 

activities and costs that are not eligible for Union financing; 

(e) 

selection and approval of work programmes. 

2. 

Taking  into  account  the  need  to  ensure  that  operators  respect  their  obligations,  the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
160 to require the lodging of a security where an advance payment of aid is made. 

Article 29 

Implementing powers 

The Commission may, by means of implementing acts, adopt measures concerning: 

(a) 

(b) 

the implementation of work programmes and amendments to such programmes; 

the payment of aid, including advance payments of aid. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

SECTION 3 

AID IN THE FRUIT AND VEGETABLES SECTOR 

Article 30 

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; 

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(b)  Union financial assistance which may be granted to producer organisations, in 
in  delegated  and 

accordance  with 
implementing acts adopted by the Commission pursuant to Articles 35 and 36. 

terms  and  conditions  set  out 

the 

2. 

Operational  funds  shall  be  used  only  to  finance  operational  programmes  that  have 
been submitted to and approved by Member States. 

Article 31 

Operational programmes  

1. 

Operational programmes in the fruit and vegetables sector shall have at least two of 
the objectives referred to in Article 106(c) or 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. 

Operational programmes shall be submitted to the Member States for their approval. 

2. 

Crisis  prevention  and  management  referred  to  in  point  (f)  of  paragraph  1  shall  be 
related  to  avoiding  and  dealing  with  crises  on  the  fruit  and  vegetable  markets  and 
shall cover in this context: 

(a)  market withdrawal; 

(b)  green harvesting or non-harvesting of fruit and vegetables; 

(c) 

promotion and communication; 

(d) 

training measures; 

(e) 

harvest insurance; 

(f) 

support for the administrative costs of setting up mutual funds. 

Crisis prevention and management measures, including any repayment of capital and 
interest  as  referred  to  in  the  third  subparagraph,  shall  not  comprise  more  than  one-
third of the expenditure under the operational programme. 

Producer organisations may take out loans on commercial terms for financing crisis 
prevention and management measures. In that case, the repayment of the capital and 
interest on those loans may form part of the operational programme and so may be 

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eligible  for  Union  financial  assistance  under  Article 32.  Any  specific  action  under 
crisis prevention and management shall be financed either by such loans, or directly, 
but not both. 

3. 

Member States shall ensure 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 
laid  down  in  Article 29(3)  of  Regulation  (EU)  No […]  on  support  for  rural 
development by the European Agricultural Fund for Rural Development (EAFRD). 

Where at least 80 % of the producer members of a producer organisation are subject 
to one or more identical agri-environment commitments provided for in Article 29(3) 
of  Regulation  (EU)  No […]  on  support  for  rural  development  by  the  European 
Agricultural  Fund  for  Rural  Development  (EAFRD)  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. 

Member States shall ensure that investments which increase environmental pressure 
shall  only  be  permitted  in  situations  where  effective  safeguards  to  protect  the 
environment from these pressures are in place. 

Article 32 

Union financial assistance  

The  Union  financial  assistance  shall  be  equal  to  the  amount  of  the  financial 
contributions  referred  to  in  point  (a)  of  Article 30(1)  as  actually  paid  and  limited 
to 50 % of the actual expenditure incurred. 

The Union financial assistance shall be limited to 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 50 % limit provided for in paragraph 1 
shall  be  increased  to  60 %  for  an  operational  programme  or  part  of  an  operational 
programme where it meets at least one of the following conditions: 

(a) 

it  is  submitted  by  several Union  producer organisations operating in different 
Member States on transnational schemes;  

4. 

1. 

2. 

3. 

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(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

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 834/200724; 

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 
referred to in Article 349 of the Treaty; 

it covers solely specific support for actions to promote the consumption of fruit 
and vegetables targeted at children in educational establishments. 

4. 

The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of 
market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume 
of marketed production of each producer organisation and which are disposed of by 
way of: 

(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 33 

National financial assistance  

1. 

In  regions  of  Member  States  where  the  degree  of  organisation  of  producers  in  the 
fruit  and  vegetables  sector  is  particularly  low,  the  Commission  may  in  accordance 
with  the  examination  procedure  referred  to  in  Article  162(2),  by  means  of 
implementing acts, authorise Member States, on their duly substantiated request, to 
pay producer organisations national financial assistance equal to a maximum of 80 % 
of the financial contributions referred to in point (a) of Article 30(1). This assistance 
shall be additional to the operational fund.  

24 

OJ L 189, 20.7.2007, p. 1. 

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2. 

1. 

In regions of Member States where producer organisations, associations of producer 
organisations  and  the  producer  groups  referred  to  in  Article  28  of  Regulation  (EU) 
No […]  on  support  for  rural  development  by  the  European  Agricultural  Fund  for 
Rural  Development  (EAFRD)  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,  by  means  of  implementing  acts,  decide  on  that 
reimbursement.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 162(2). 

Article 34 

National framework and national strategy for operational programmes 

Member  States  shall  establish  a  national  framework  for  drawing  up  general 
conditions  relating  to  the  environmental  actions  referred  to  in  Article  31(3).  This 
framework  shall  provide  in  particular  that  such  actions  shall  meet  the  appropriate 
requirements  of  Regulation  (EU)  No […]  on  support  for  rural  development  by  the 
European Agricultural Fund for Rural Development (EAFRD) in particular those of 
its Article 6 on consistency .  

Member States shall submit their proposed framework to the Commission which, by 
means  of  implementing  acts,  may  require  modifications  within  three  months  if  it 
finds that the proposal would not contribute to the pursuit of the objectives set out in 
Article 191 of the Treaty and in the seventh Union environment action programme. 
Investments on individual holdings supported by operational programmes shall also 
respect those objectives. 

2. 

Each  Member  State  shall  establish  a  national  strategy  for  sustainable  operational 
programmes in the fruit and vegetable market. Such a strategy shall include: 

(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,  and  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. 

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Article 35 

Delegated powers 

Taking  into  account  the  need  to  ensure  an  efficient,  targeted  and  sustainable  support  of 
producer organisations in the fruit and vegetables sector, the Commission shall be empowered 
to adopt delegated acts in accordance with Article 160 establishing rules on:  

(a) 

operational funds and operational programmes, concerning :  

(i) 

the estimated amounts, financing and use of operational funds; 

(ii) 

the content, duration, approval and modification of operational programmes; 

(iii) 

the  eligibility  of  measures,  actions  or  expenditure  under  an  operational 
programme and respective complementary national rules;  

(iv) 

the  relationship  between  operational  programmes  and  rural  development 
programmes; 

(v)  operational programmes of associations of producer organisations; 

the structure and content of a national framework and a national strategy;  

Union financial assistance, concerning:  

(b) 

(c) 

(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 provision of advance payments and the lodging and forfeiture of securities 
in case of advance payments; 

(d) 

crisis prevention and management measures, concerning: 

(i) 

the selection of crisis prevention and management measures;  

(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; 

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(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; 

(xiii)  the  conditions  for  support  for  the  administrative  cost  of  setting  up  mutual 

funds; 

(e) 

national financial assistance, concerning : 

(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 36 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts, adopt measures concerning:  

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

the management of operational funds; 

the format of operational programmes;  

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; 

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(j) 

(k) 

(l) 

the authorisation to pay national financial assistance; 

application for and payment of national financial assistance; 

reimbursement of national financial assistance. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

SECTION 4 

SUPPORT PROGRAMMES IN THE WINE SECTOR 

SUBSECTION 1 

GENERAL PROVISIONS AND ELIGIBLE MEASURES 

Article 37 

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 five-year national support programmes 
("support programmes") to finance specific support measures to assist the wine sector. 

Article 38 

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 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. 

3. 

No support shall be granted for: 

(a) 

research  projects  and  measures  to  support  research  projects  without  prejudice 
to points (d) and (e) of Article 43(3); 

(b)  measures  contained  in  Member  States’  rural  development  programmes  under 
Regulation  (EU)  No […]  on  support  for  rural  development  by  the  European 
Agricultural Fund for Rural Development (EAFRD). 

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Article 39 

Submission of support programmes 

1. 

2. 

Each  producer  Member  State  listed  in  Annex IV  shall  submit  to  the  Commission  a 
draft  five-year  support  programme  containing  at  least  one  of  the  eligible  measures 
provided in Article 40. 

Support programmes shall become applicable three months after their submission to 
the Commission. 

However, if the Commission, by means of an implementing act, establishes that the 
submitted  support  programme  does  not  comply  with  the  rules  laid  down  in  this 
Section,  the  Commission  shall  inform  the  Member  State  thereof.  In  that  case,  the 
Member  State  shall  submit  a  revised  support  programme  to  the  Commission.  The 
revised support programme shall become applicable two months after its submission 
unless an incompatibility persists in which case this subparagraph shall apply. 

3. 

Paragraph  2  shall  apply  mutatis  mutandis  to  changes  in  respect  of  support 
programmes submitted by Member States. 

Article 40 

Eligible measures 

Support programmes may contain only one or more of the following measures: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

Single Payment Scheme support in accordance with Article 42; 

promotion in accordance with Article 43; 

restructuring and conversion of vineyards in accordance with Article 44; 

green harvesting in accordance with Article 45; 

mutual funds in accordance with Article 46; 

harvest insurance in accordance with Article 47; 

investments in accordance with Article 48; 

by-product distillation in accordance with Article 49.  

Article 41 

General rules concerning support programmes 

1. 

The available Union funds shall be allocated within the budgetary limits provided in 
Annex IV. 

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2. 

3. 

Union  support  shall  only  be  granted  for  eligible  expenditure  incurred  after  the 
submission of the relevant support programme. 

Member States shall not contribute to the costs  of  measures financed by the Union 
under the support programmes. 

SUBSECTION 2 

SPECIFIC SUPPORT MEASURES 

Article 42 

Single Payment Scheme and support to vine-growers 

Support  programmes  may  only  include  support  to  vine-growers  in  the  form  of  allocation  of 
payment  entitlements  decided  by  Member  States  by  1  December  2012  under  Article  137  of 
Regulation (EU) No [COM(2010)799] and under the conditions set out in that Article. 

Article 43 

Promotion in third-countries 

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  apply  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  referred  to  in  paragraph  1  shall  not 
exceed 50 % of the eligible expenditure. 

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Article 44 

Restructuring and conversion of vineyards 

1. 

2. 

3. 

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  if  Member  States 
submit the inventory of their production potential in accordance with Article 102(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  referred  to  in  point  (a)  of 
paragraph 4 may cover up to 100 % of the relevant loss and take one of the following 
forms: 

(a) 

notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of 
Regulation (EU) No [COM(2010)799] setting out the transitional planting right 
regime,  the  permission  for  old  and  new  vines  to  coexist  until  the  end  of  the 
transitional regime for a maximum period which shall not exceed three years; 

(b) 

financial compensation. 

6. 

The  Union  contribution  to  the  actual  costs  of  the  restructuring  and  conversion  of 
vineyards shall not exceed 50 %. In less developed regions the Union contribution to 
the costs of restructuring and conversion shall not exceed 75 %. 

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1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

Article 45 

Green harvesting 

For the purposes of this Article, green harvesting shall mean 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 Union wine market 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. 

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 46 

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 47 

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  Union  financial 
contribution which shall 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: 

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(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  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. 

Article 48 

Investments 

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) 

(b) 

the  production  or  marketing  of  grapevine  products  referred  to  in  Part  II  of 
Annex VI; 

the  development  of  new  products,  processes  and  technologies  concerning  the 
products referred to in Part II of Annex VI. 

Support under paragraph 1 at its maximum rate shall apply only 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 enterprises25.  

By way of derogation from the first subparagraph, the maximum rate may apply to 
all enterprises for the outermost regions referred to in Article 349 of the Treaty and 
the  smaller  Aegean  islands  as  defined  in  Article  1(2)  of  Regulation  (EC) 
No 1405/200626.  For  enterprises  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 
difficulty27. 

The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 
3 of Article 59 of Regulation (EU) No [COM(2011)615]. 

The  following  maximum  aid  rates  concerning  the  eligible  investment  costs  shall 
apply to the Union contribution: 

OJ L 124, 20.5.2003, p. 36. 
OJ L 265, 25.9.2006, p. 1. 
OJ C 244, 1.10.2004, p. 2. 

1. 

2. 

3. 

4. 

25 
26 
27 

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(a) 

50 % in less developed regions; 

(b)  40 % in regions other than less developed regions; 

(c) 

75 % in the outermost regions referred to in Article 349 of the Treaty; 

(d)  65 %  in  the  smaller  Aegean  islands  as  defined  in  Article  1(2)  of  Regulation 

(EC) No 1405/2006. 

5. 

Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to 
support referred to in paragraph 1 of this Article. 

Article 49 

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 VII. 

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 51. 

The alcohol resulting from the supported distillation referred to in paragraph 1 shall 
be  used  exclusively  for  industrial  or  energy  purposes  to  avoid  distortion  of 
competition. 

SUBSECTION 3 

PROCEDURAL PROVISIONS 

Article 50 

Delegated powers 

Taking into account the need to ensure that support programmes meet their objectives and that 
there  is  a  targeted  use  of  European  Funds,  the  Commission  shall  be  empowered  to  adopt 
delegated acts in accordance with Article 160, establishing 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) 

(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 and double funding of projects; 

under  which  producers  shall  withdraw  the  by-products  of  winemaking  and 
exceptions  from  this  obligation  to  avoid  additional  administrative  burden  and  rules 
for the voluntary certification of distillers; 

laying  down  requirements  for  the  Member  States  for  the  implementation  of  the 
support measures, as well as restrictions to ensure consistency with the scope of the 
support measures; 

regarding payments to beneficiaries and payments through insurance intermediaries 
in the case of support for harvest insurance provided for in Article 47. 

Article 51 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts, adopt measures concerning: 

(a) 

(b) 

(c) 

(d) 

(e) 

the submission of the support programmes, the corresponding financial planning and 
revision of support programmes; 

application and selection procedures; 

evaluation of the supported actions; 

the calculation and payment of aid for green harvesting and by-product distillation; 

requirements  on  financial  management  of  the  support  measures  by  the  Member 
States; 

(f) 

rules on coherence of measures. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

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SECTION 5 

AID IN THE APICULTURE SECTOR 

Article 52 

National programmes and financing 

1. 

2. 

3. 

Member States may draw up national programmes for the apiculture sector covering 
a period of three years. 

The  Union  contribution  to  the  apiculture  programmes  shall  not  exceed  50 %  of  the 
expenditure borne by Member States. 

To be eligible for the Union contribution provided for in paragraph 2, Member States 
shall carry out a study of the production and marketing structure in the beekeeping 
sector in their territory. 

Article 53 

Delegated powers 

Taking  into  account  the  need  to  ensure  a  targeted  use  of  Union  funds  for  apiculture,  the 
Commission shall be empowered to adopt delegated acts in accordance with Article 160 on: 

(a) 

(b) 

(c) 

the measures which may be included in apiculture programmes, 

rules for drawing up and the content of national programmes and the studies referred 
to in Article 52(3); 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 54 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts: 

(a) 

(b) 

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. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

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TITLE II 

RULES CONCERNING MARKETING AND PRODUCER 
ORGANISATIONS 

CHAPTER I 

Rules concerning marketing 

SECTION 1 

MARKETING STANDARDS  

SUBSECTION 1 

INTRODUCTORY PROVISIONS 

Article 55 

Scope 

Without prejudice to any other provisions applicable to agricultural products, as well as the 
provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products 
comply with hygiene and health standards and to protect animal, plant and human health, this 
Section  lays  down  the  rules  concerning  the  general  marketing  standard  and  marketing 
standards by sector and/or product for agricultural products. 

SUBSECTION 2 

GENERAL MARKETING STANDARD 

Article 56 

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/EC28, 

Where  no  marketing  standards  as  referred  to  in  Subsection  3  and  in  Council 
2001/114/EC31, 
Directives 
2001/110/EC32,  2001/111/EC33,  have  been  established,  agricultural  products  which 
are ready for sale or delivery to the final consumer in retail as defined in point 7 of 
Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to 
the general marketing standard. 

2001/112/EC29, 

2001/113/EC30, 

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 adopted by any of the international organisations listed in Annex V. 

Article 57 

Delegated powers 

Taking into account the need to address changes in the market situation, and the specificity of 
each sector, the Commission shall be empowered to adopt delegated acts in accordance with 
Article  160  to  adopt,  modify  and  derogate  from  the  requirements  concerning  general 
marketing standard referred to in Article 56(1), and rules on conformity referred to in Article 
56(3). 

SUBSECTION 3 

 MARKETING STANDARDS BY SECTORS OR PRODUCTS 

Article 58 

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 59 

Establishment and content 

Taking  into  account  the  expectations  of  consumers  and  the  need  to  improve  the 
economic  conditions  for  the  production  and  marketing  of  agricultural  products  as 
well as their quality, the Commission shall be empowered to adopt delegated acts in 
accordance with Article 160 on marketing standards referred to in Article 55, at all 

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. 

28 
29 
30 
31 
32 
33 

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stages of the marketing, as well as derogations and exemptions from such standards 
to  adapt  to  the  constantly  changing  market  conditions,  to  the  evolving  consumer 
demands,  to  developments  in  relevant  international  standards  and  avoid  creating 
obstacles to product innovation. 

2. 

The marketing standards referred to in paragraph 1 may cover : 

(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  VI 
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  with  the  marketing  standards  adopted  pursuant  to 
paragraph 1 and/or with the definitions, designations and sales descriptions as 
referred to in Article 60, as well as the disposal of by-products; 

(t) 

time limits. 

3. 

The  marketing  standards  by  sectors  or  products  adopted  pursuant  to  paragraph  1 
shall  be  established  without  prejudice  to  Title  IV  of  Regulation  (EU)  No 
[COM(2010)733]  on  agricultural  product  quality  schemes,  and  shall  take  into 
account: 

(a) 

the specificities of the product concerned; 

(b) 

(c) 

the need to ensure the conditions for a smooth placing of the 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) 

the  methods  used  for  determining  physical,  chemical  and  organoleptic 
characteristics of the products; 

(e) 

the standard recommendations adopted by international bodies. 

Article 60 

Definitions, designations and sales descriptions for certain sectors and products 

1. 

The definitions, designations and sales descriptions provided for in Annex VI 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. 

3. 

Definitions,  designations  or  sales  descriptions  provided  for  in  Annex VI  may  be 
used  in  the  Union  only  for  the  marketing  of  a  product  which  complies  with  the 
corresponding requirements laid down in that Annex. 

Taking into account the need to adapt to evolving consumer demands, and technical 
progress and to avoid creating obstacles to product innovation, the Commission shall 
be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  160  on 

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modifications,  derogations  or  exemptions  to  the  definitions  and  sales  descriptions 
provided for in Annex VI. 

Article 61 

Tolerance 

Taking  into  account  the  specificity  of  each  sector,  the  Commission  shall  be  empowered  to 
adopt  delegated  acts  in  accordance  with  Article  160  on  tolerance  for  each  standard  beyond 
which the entire batch of products shall be considered as not respecting that standard. 

Article 62 

Oenological practices and methods of analyses 

1. 

Only  oenological  practices  authorised  in  accordance  with  Annex  VII  and  provided 
for in point (g) of Article 59(2) and in paragraphs 2 and 3 of Article 65 shall be used 
in the production and conservation of the products listed in Part II of Annex VI in 
the Union. 

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 listed in Part II of Annex VI shall be produced in the Union in accordance 
with the rules laid down in Annex VII. 

Products listed in Part II of Annex VI shall not be marketed in the Union where: 

(a) they have undergone unauthorised Union oenological practices or 

(b) they have undergone unauthorised national oenological practices or 

(c) they do not comply with the rules laid down in Annex VII. 

2. 

When authorising oenological practices for wine as referred to in point (g) of Article 
59(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; 

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3. 

1. 

2. 

(c) 

(d) 

take  into  account  the  possible  risk  of  consumers  being  misled  due  to  their 
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  the  rules  laid 
down in Annex VII. 

The  Commission  shall,  where  necessary,  adopt  methods  referred  to  in  point  (d)  of 
Article 59(3) for products listed in Part II of Annex VI by means of implementing 
acts.  Those  methods  shall  be  based  on  any  relevant  methods  recommended  and 
published by the OIV, unless they would be ineffective or inappropriate in view of 
the  legitimate  objective  pursued.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

Pending the adoption of such rules, the methods to be used shall be those allowed by 
the Member State concerned. 

Article 63 

Wine grape varieties 

Products listed in Part II of Annex VI 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  species  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  last  five  wine 
years,  shall  be  exempted  from  the  classification  obligation  referred  to  in  the  first 
subparagraph of paragraph 2. 

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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  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 to 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. 

Article 64 

Specific use of wine not conforming to the categories listed in Part II of Annex VI 

Except  for  bottled  wine  for  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 63(2) but not conforming to one of the 
categories laid down in Part II of Annex VI, shall be used only for consumption by individual 
wine-producers’ households, for the production of wine vinegar or for distillation. 

Article 65 

National rules for certain products and sectors 

1. 

Notwithstanding  the  provisions  of  Article 59(1),  Member  States  may  adopt  or 
maintain national rules laying down different quality levels for spreadable fats. Such 
rules shall allow those quality levels to be assessed on the basis of criteria relating in 
particular to the raw materials used, the organoleptic characteristics of the products 
and their physical and microbiological stability. 

Member States making use of the option provided for in the first subparagraph shall 
ensure that other Member States' products complying with the criteria laid down by 
those  national  rules  may,  in  a  non-discriminatory  way,  use  terms  which  state  that 
those criteria are complied with.  

2. 

Member  States  may  limit  or  prohibit  the  use  of  certain  oenological  practices  and 
provide for more stringent rules for wines authorised under Union law produced in 
their  territory  with  a  view  to  reinforcing  the  preservation  of  the  essential 

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3. 

4. 

characteristics  of  wines  with  a  protected  designation  of  origin  or  a  protected 
geographical indication and of sparkling wines and liqueur wines. 

Member  States  may  allow  the  experimental  use  of  unauthorised  oenological 
practices in accordance with the conditions specified by the Commission, by means 
of delegated acts adopted pursuant to paragraph 4. 

Taking  into  account  the  need  to  ensure  the  correct  and  transparent  application,  the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
160  specifying  the  conditions  for  the  application  of  paragraphs  1,  2  and  3  of  this 
Article as well as the conditions for the holding, circulation and use of the products 
obtained from the experimental practices referred to in paragraph 3 of this Article. 

SUBSECTION 4 

 MARKETING STANDARDS RELATED TO IMPORT AND EXPORT 

Article 66 

General provisions 

Taking into account the specificities in trade between the Union and certain third countries 
and the special character of some agricultural products, the Commission shall be empowered 
to adopt delegated acts in accordance with Article 160 to define the conditions under which 
imported products are considered to have an equivalent level of compliance with the Union 
marketing  standards  and  conditions  allowing  derogation  from  Article  58  and  determine  the 
rules  concerning  the  application  of  the  marketing  standards  to  products  exported  from  the 
Union. 

Article 67 

Special provisions for the imports of wine 

1. 

2. 

3. 

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  Section  2  of  this  Chapter  and  in  the 
definitions,  designations  and  sales  descriptions  referred  to  in  Article 60  of  this 
Regulation,  shall  apply  to  products  imported  into  the  Union  and  falling  under  CN 
codes 2009 61, 2009 69 and 2204. 

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. 

The  import  of  the  products  referred  to  in  paragraph  1  shall  be  subject  to  the 
presentation of: 

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(a) 

(b) 

a  certificate  evincing  compliance  with 
in 
paragraphs 1  and  2,  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 5 

COMMON PROVISIONS 

Article 68 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts, adopt the necessary measures related 
to this Section and in particular: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

for the implementation of the general marketing standard; 

for  the  implementation  of  the  definitions  and  sales  descriptions  provided  for  in 
Annex VI;  

for drawing up the list of milk and milk products referred to in the second paragraph 
of point 5 of Part III of Annex VI and spreadable fats referred to in point (a) of the 
sixth paragraph of Part VI of Annex VI, on the basis of indicative lists of products 
which Member States regard as corresponding in their territory to those provisions 
and which Member States shall send to the Commission;  

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;  

for  determining  whether  products  have  undergone  processes  contrary  to  the 
authorised oenological practices;  

for fixing of the tolerance level; 

for the implementation of Article 66. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

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SECTION 2 

DESIGNATIONS OF ORIGIN, GEOGRAPHICAL INDICATIONS AND TRADITIONAL 
TERMS IN THE WINE SECTOR 

SUBSECTION 1 

INTRODUCTORY PROVISIONS 

Article 69 

Scope 

1. 

Rules  on  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 VI. 

2. 

The rules referred to in paragraph 1 shall be based on: 

(a) 

protecting of legitimate interests of consumers and producers; 

(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 2 

DESIGNATIONS OF ORIGIN AND GEOGRAPHICAL INDICATIONS 

Article 70 

Definitions 

1. 

For the purposes of this Section, the following definitions shall apply: 

(a) 

"a designation of origin” shall mean the name of a region, a specific place or, 
in exceptional and duly justifiable cases, a country used to describe a product 
referred to in Article 69(1) complying with the following requirements: 

(i) 

the  quality  and  characteristics  of  the  product  are  essentially  or 
exclusively  due  to  a  particular  geographical  environment  with  its 
inherent natural and human factors; 

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(ii) 

the  grapes  from  which  the  product  is  produced  come  exclusively  from 
that geographical area; 

(iii) 

the production takes place in that geographical area; and 

(iv) 

the product is obtained from vine varieties belonging to Vitis vinifera; 

(b) 

"a  geographical  indication”  shall  mean  an  indication  referring  to  a  region,  a 
specific place or, in exceptional and duly justifiable cases, a country, used to 
describe  a  product  referred  to  in  Article 69(1)  complying  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 
that geographical area; 

(iii) 

its production takes place in that 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; 

(b) 

refer to a geographical name; 

(c)  meet the requirements referred to in points (i) to (iv) of paragraph 1(a); 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 71 

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 

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(d) 

a  single  document  summarising  the  product  specification  referred  to  in 
paragraph 2. 

The  product  specification  shall  enable  interested  parties  to  verify  the  relevant 
conditions of production of the designation of origin or geographical indication. 

Where the application for protection concerns a geographical area in a third country, 
in  addition  to  the  elements  provided  for  in  paragraphs  1  and  2,  it  shall  contain  a 
proof that the name concerned is protected in its country of origin. 

Article 72 

Applicants 

Any  interested  group  of  producers,  or  in  exceptional  and  duly  justifiable  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 apply 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 
submitted. 

Article 73 

Preliminary national procedure 

Applications for protection of a designation of origin or a geographical indication as 
referred  to  in  Article 71  for  wines  originating  in  the  Union  shall  be  subject  to  a 
preliminary national procedure. 

If  the  Member  State  considers  that  the  designation  of  origin  or  geographical 
indication does not meet the requirements or is incompatible with Union law, it shall 
reject the application. 

If  the  Member  State  considers  that  the  requirements  are  met,  it  shall  carry  out  a 
national  procedure which  ensures  adequate publication of the product specification 
at least on the Internet. 

Article 74 

Scrutiny by the Commission 

The  Commission  shall  make  public  the  date  of  submission  of  the  application  for 
protection of the designation of origin or geographical indication. 

The Commission shall examine whether the applications for protection as referred to 
in Article 71 meet the conditions laid down in this Subsection. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

3. 

1. 

2. 

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3. 

4. 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Subsection 
are  met,  it  shall,  by  means  of  implementing  acts,  decide  to  publish  in  the  Official 
Journal  of  the  European  Union  the  single  document  referred  to  in  point  (d)  of 
Article 71(1) and the reference to the publication of the product specification made 
in the course of the preliminary national procedure. 

Where  the  Commission  considers  that  the  conditions  laid  down  in  this  Subsection 
are  not  met,  it  shall,  by  means  of  an  implementing  act,  decide  to  reject  the 
application. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

Article 75 

Objection procedure 

Within two months from the date of the publication of the single document as referred to in 
point (d) of Article 71(1), 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 
submitting  to  the  Commission  a  duly  substantiated  statement  concerning  the  conditions  of 
eligibility as laid down in this Subsection. 

In case of natural or  legal  persons  resident  or established in third countries,  such  statement 
shall be submitted, either directly or via the authorities of the third country concerned, within 
the two months time limit referred to in the first paragraph. 

Article 76 

Decision on protection 

On  the  basis  of  the  information  available  to  the  Commission  upon  the  completion  of  the 
objection  procedure  referred  to  in  Article  75,  the  Commission  shall,  by  means  of  an 
implementing  act,  decide  either  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. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Article 77 

Homonyms 

1. 

A  name,  for  which  an  application  is  submitted,  and  which  is  wholly  or  partially 
homonymous with that of a name already registered under this Regulation, shall be 

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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 those products 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  in  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 
submitted,  is  wholly  or  partially  homonymous  with  a  geographical  indication 
protected under the legislation of Member States. 

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  agricultural  products.  The  Commission  may  by 
means  of  delegated  acts  adopted  in  accordance  with  Article  160  decide  otherwise, 
taking into account the existing labelling practices. 

The  protection  of  designations  of  origin  and  geographical  indications  of  products 
covered  by  Article 70  shall  be  without  prejudice  to  protected  geographical 
indications  applying  to  spirit  drinks  as  defined  in  Article  2  of  Regulation  (EC) 
No 110/2008 of the European Parliament and of the Council34. 

2. 

3. 

4. 

Article 78 

Grounds for refusal of protection 

1. 

A name that has become generic shall not be protected as a designation of origin or a 
geographical indication. 

For the purposes of this Section, a “name that has become generic” shall mean the 
name  of  a  wine  which,  although  it  relates  to  the  place  or  the  region  where  this 
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, the relevant factors shall be 
taken into account, in particular: 

(a) 

the existing situation in the Union, notably in areas of consumption; 

(b) 

the relevant Union or national legislation. 

34 

OJ L 39, 13.2.2008, p. 16. 

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2. 

1. 

2. 

1. 

2. 

A name shall not be protected as a designation of origin or geographical indication 
where, in the light of a trade mark’s reputation and renown, protection could mislead 
the consumer as to the true identity of the wine. 

Article 79 

Relationship with trade marks 

Where  a  designation  of  origin  or  a  geographical  indication  is  protected  under  this 
Regulation, the registration of a trade mark the use of which falls under Article 80(2) 
and  relating  to  a  product  falling  under  one  of  the  categories  listed  in  Part  II  of 
Annex VI  shall  be  refused  if  the  application  for  registration  of  the  trade  mark  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. 

Trade marks registered in breach of the first subparagraph shall be invalidated. 

Without prejudice to Article 78(2), a trade mark the use of which falls under Article 
80(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 trade mark’s invalidity or 
revocation exist under Directive 2008/95/EC of the European Parliament and of the 
Council of 22 October 2008 to approximate the laws of the Member States relating 
35 or by Council Regulation (EC) No 207/2009 of 26 February 2009 
to trade marks 
on the Community trade mark 36.  

In such cases the use of the designation of origin or geographical indication shall be 
permitted alongside the relevant trade marks. 

Article 80 

Protection 

A  protected  designation  of  origin  and  a  protected  geographical  indication  may  be 
used by any operator marketing a wine which has been produced in conformity with 
the corresponding product specification.  

A  protected  designation  of  origin  and  a  protected  geographical  indication  and  the 
wine  using  that  protected  name  in  conformity  with  the  product  specifications  shall 
be protected against: 

(a) 

any direct or indirect commercial use of that protected name: 

35 
36 

OJ L 299, 8.11.2008, p. 25. 
OJ L 78, 24.3.2009, p. 1. 

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(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,  transcripted  or 
transliterated  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. 

3. 

Protected  designations  of  origin  and  protected  geographical  indications  shall  not 
become generic in the Union within the meaning of Article 78(1).  

Article 81 

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. 
Designations of origin and geographical indications pertaining to products of third countries 
that are protected in the Union pursuant to an international agreement to which the Union is a 
contracting  party  may  be  entered  in  the  Register.  Unless  specifically  identified  in  that 
agreement  as  protected  designations  of  origin  within  the  meaning  of  this  Regulation,  such 
names shall be entered in the register as protected geographical indications. 

Article 82 

Amendments to product specifications 

An applicant satisfying the conditions laid down pursuant to point (b) of Article 86(4) 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  concerned. 
Applications shall describe and give reasons for the amendments requested. 

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Article 83 

Cancellation 

The Commission may, on its own initiative or on a duly substantiated request by a Member 
State, a third country or a natural or legal person having a legitimate interest, by means of an 
implementing act, decide to cancel the protection of a designation of origin or a geographical 
indication if compliance with the corresponding product specification is no longer ensured. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Article 84 

Existing protected wine names 

1. 

2. 

3. 

Wine names, which are protected in accordance with Articles 51 and 54 of Council 
Regulation  (EC)  No 1493/199937  and  Article 28  of  Commission  Regulation  (EC) 
No 753/200238,  shall  automatically  be  protected  under  this  Regulation.  The 
Commission  shall  list  them  in  the  register  provided  for  in  Article 81  of  this 
Regulation. 

The Commission shall take the corresponding formal step of removing wine names 
to which Article 191(3) of Regulation (EU) No [COM(2010)799] applies  from the 
register provided for in Article 81 by means of implementing acts . 

Article 83 shall not apply to existing protected wine names referred to in paragraph 1 
of this Article. 

Until  31  December  2014  the  Commission  may,  on  its  own  initiative,  by  means  of 
implementing  acts,  decide  to  cancel  protection  of  existing  protected  wine  names 
referred to in paragraph 1 of this Article if they do not meet the conditions laid down 
in Article 70. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

Article 85 

Fees 

Member  States  may  charge  fees  to  cover  their  costs,  including  those  incurred  in 
examining the applications for protection, statements of objections, applications for 
amendments and requests for cancellations under this Subsection. 

37 
38 

OJ L 179, 14.7.1999, p. 1. 
OJ L 118, 4.5.2002, p. 1. 

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1. 

2. 

3. 

4. 

5. 

6. 

Article 86 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article. 

Taking  into  account  of  the  specificities  of  the  production  in  the  demarcated 
geographical area, the Commission may, by means of delegated acts, adopt: 

(a) 

the principles for the demarcation of the geographical area, and  

(b) 

the  definitions,  restrictions  and  derogations  concerning  the  production  in  the 
demarcated geographical area. 

Taking  into  account  the  need  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. 

Taking  into  account  the  need  to  ensure  the  legitimate  rights  and  interests  of 
producers  or  operators,  the  Commission  may,  by  means  of  delegated  acts,  adopt 
rules on: 

(a) 

the elements of the product specification; 

(b) 

(c) 

the  type  of  applicant  that  may  apply  for  the  protection  of  a  designation  of 
origin or geographical indication; 

the conditions to be followed in respect of an application for the protection of 
a  designation  of  origin  or  geographical  indication,  preliminary  national 
procedures, scrutiny by the Commission, objection procedure, and procedures 
for  amendment,  cancellation  and  conversion  of  protected  designations  of 
origin or protected geographical indications; 

(d) 

the conditions applicable to trans-border applications; 

(e) 

the  conditions  for  applications  concerning  geographical  areas  in  a  third 
country; 

(f) 

the date from which a protection or an amendment of a protection shall apply; 

(g) 

the conditions related to amendments to product specifications. 

Taking into account the need to ensure an adequate protection, the Commission may, 
by means of delegated acts, adopt restrictions regarding the protected name. 

Taking  into  account  the  need  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 or for which an 
application for protection has been made prior to that date, the Commission may, by 
means of delegated acts, adopt transitional provisions concerning: 

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(a)  wine  names  recognised  by  Member  States  as  designations  of  origin  or 
geographical  indications  by  1  August  2009  and  wine  names  for  which  an 
application for protection has been made prior to that date;  

(b)  preliminary national procedure; 

(c)  wines placed on the market or labelled before a specific date; and 

(d) 

amendments to the product specifications. 

Article 87 

Implementing powers 

1. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  necessary  measures 
concerning: 

(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) 

the establishment and the maintenance of the register referred to in Article 81; 

(d) 

the conversion from protected designation of origin to protected geographical 
indication;  

(e) 

the submission of trans-border applications. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

2. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  necessary  measures 
concerning  the  procedure  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,  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 an application or a request. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

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Article 88 

Other implementing powers  

Where  an  objection  is  deemed  inadmissible,  the  Commission  shall,  by  means  of 
implementing acts, decide to reject it as inadmissible. 

SUBSECTION 3 

TRADITIONAL TERMS 

Article 89 

Definition 

“A traditional term” shall mean a term traditionally used in Member States for the products 
referred to in Article 69(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. 

Article 90 

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 89. 

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 91 

Delegated powers 

1. 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article. 

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2. 

3. 

4. 

1. 

Taking into account the need 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.  

Taking  into  account  the  need  to  ensure  the  legitimate  rights  and  interests  of 
producers or operators, the Commission may, by means of delegated acts, establish 
the following: 

(a) 

the 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; 

(c) 

the grounds for objecting to a proposed recognition of a traditional term;  

(d) 

the  scope  of  the  protection,  the  relationship  with  trade  marks,  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; 

(g) 

the procedures to be followed in respect of an application for the protection of 
a traditional term, including scrutiny by the Commission, objection procedures 
and the procedures on cancellation and modification.  

Taking  into  account  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 89.  

Article 92 

Implementing powers in accordance with the examination procedure 

The  Commission  may,  by  means  of  implementing  acts,  adopt  necessary  measures 
concerning  the  procedure  for  the  examination  of  applications  for  protection  or  for 
the  approval  of  a  modification  of  a  traditional  term,  as  well  as  the  procedure  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; 

(d)  detailed rules on making protected traditional terms available to the public. 

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2. 

3. 

4. 

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  Article  89  and  by  publishing  a 
definition and/or the conditions of use. 

The  implementing  acts  referred  to  in  paragraphs  1  to  3  of  this  Article  shall  be 
adopted in accordance with the examination procedure referred to in Article 162(2). 

Article 93 

Other implementing powers  

Where  an  objection  is  deemed  inadmissible,  the  Commission  shall,  by  means  of 
implementing acts, decide to reject it as inadmissible. 

SECTION 3 

LABELLING AND PRESENTATION IN THE WINE SECTOR 

Article 94 

Definition 

For the purposes of this Section: 

(a) 

(b) 

"labelling”  shall  mean  any  words,  particulars,  trade  marks,  brand  name,  pictorial 
matter  or  symbol  placed  on  any  packaging,  document,  notice,  label,  ring  or  collar 
accompanying or referring to a given product; 

"presentation” shall mean any information conveyed to consumers by virtue of the 
packaging of the product concerned, including the form and type of bottles. 

Article 95 

Applicability of horizontal rules 

Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 
89/396/EEC39,  Directive  2000/13/EC  of  the  European  Parliament  and  of  the  Council40  and 

39 
40 

OJ L 186, 30.6.1989, p. 21. 
OJ L 109, 6.5.2000, p. 29. 

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Directive  2007/45/EC  of  the  European  Parliament  and  of  the  Council41  shall  apply  to  the 
labelling and presentation. 

Article 96 

Compulsory particulars 

1. 

Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 
of  Part  II  of  Annex  VI  marketed  in  the  Union  or  for  export  shall  contain  the 
following compulsory particulars: 

(a) 

(b) 

the  designation  for  the  category  of  the  grapevine  product  in  accordance  with 
Part II of Annex VI; 

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 

2. 

3. 

(g) 

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or 
quality aromatic sparkling wine, an indication of the sugar content. 

By way of derogation from point (a) of paragraph 1, 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  point  (b)  of  paragraph  1,  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 Article 89(a) is displayed on the label; 

(b) 

in  exceptional  and  duly  justified  circumstances  to  be  determined  by  the 
Commission  by  means  of  delegated  acts  adopted  in  accordance  with  Article 

41 

OJ L 247, 21.9.2007, p. 17. 

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160 taking into account the need to ensure compliance with existing labelling 
practices. 

Article 97 

Optional particulars 

1. 

Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 
of Part II of Annex VI may in particular contain the following optional particulars: 

(a) 

the vintage year; 

(b) 

the name of one or more wine grape varieties; 

(c) 

(d) 

(e) 

in the case of wines other than those referred to in point (g) of Article 96(1), 
terms indicating the sugar content; 

for  wines  with  a  protected  designation  of  origin  or  a  protected  geographical 
indication, traditional terms as referred to in point (b) of Article 89; 

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 77(3),  as  regards  the  use  of  particulars  referred  to  in 
points  (a)  and  (b)  of  paragraph  1  of  this  Article  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 wine grape variety forms an integral part of 
an  existing  protected  designation  of  origin  or  a  protected  geographical 
indication; 

(ii) 

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; 

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1. 

2. 

1. 

2. 

(c)  mixtures of wines from different Member States shall not give rise to labelling 
of the wine grape variety unless the Member States concerned agree otherwise 
and ensure the feasibility of the relevant certification, approval and verification 
procedures. 

Article 98 

Languages 

The  compulsory  and  optional  particulars  referred  to  in  Articles  96  and  97  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 89(b) 
shall  appear  on  the  label  in  the  language  or  languages  for  which  the  protection 
applies. 

In the case of a protected designation of origin or a protected geographical indication 
or  a  national  specific  designation  using  a  non-Latin  alphabet,  the  name  may  also 
appear in one or more official languages of the Union. 

Article 99 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 6 of this Article. 

Taking into account the need 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 on: 

(a) 

the presentation and use of labelling particulars other than those provided for 
in this Section; 

(b) 

compulsory particulars concerning:  

(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 96(2) as regards the omission of the reference to the category of 
the grapevine product; and 

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(v)  provisions on the use of languages; 

(c) 

optional particulars concerning: 

(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 concerning: 

(i) 

the conditions of use of certain bottle shapes, and a list of certain specific 
bottle shapes;  

(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. 

3. 

4. 

5. 

6. 

Taking into account the need 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. 

Taking  into  account  the  need  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,  where  that  designation  of  origin  or  geographical  indication  meets  the 
necessary requirements. 

Taking into account the need 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. 

Taking into account the need 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 as regards trade between the Union and certain 
third countries. 

Article 100 

Implementing powers in accordance with the examination procedure 

The Commission may, by means of implementing acts, adopt necessary measures concerning 
procedures  and  technical  criteria.  Those  implementing  acts  shall  be  adopted  in  accordance 
with the examination procedure referred to in Article 162(2). 

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CHAPTER II 

SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS 

SECTION 1 

SUGAR 

Article 101 

Sugar sector agreements 

1. 

2. 

1. 

2. 

3. 

4. 

The  terms  for  buying  sugar  beet  and  sugar  cane,  including  pre-sowing  delivery 
agreements,  shall  be  governed  by  written  agreements  within  the  trade  concluded 
between Union growers of sugar beet and sugar cane and Union sugar undertakings. 

Taking  into  account  the  specificities  of  the  sugar  sector,  the  Commission  shall  be 
empowered to adopt delegated acts in accordance with Article 160 on the conditions 
of the agreements referred to in paragraph 1 of this Article. 

SECTION 2 

WINE 

Article 102 

Vineyard register and inventory 

Member  States  shall  maintain  a  vineyard  register  which  shall  contain  updated 
information on the production potential. 

Member  States  in  which  the  total  area  planted  with  vines  of  wine  grape  varieties 
classified according to Article 63(2) is less than 500 hectares shall not be subject to 
the obligation laid down in paragraph 1 of this Article. 

Member States, which provide for restructuring and conversion of vineyards in their 
support  programmes  in  accordance  with  Article 44,  shall,  on  the  basis  of  the 
vineyard  register,  submit  to  the  Commission  by  1  March  each  year  an  updated 
inventory of their production potential. 

Taking into account the need to facilitate the monitoring and the verification of the 
production  potential  by  Member  States,  the  Commission  shall  be  empowered  to 
adopt  delegated  acts  in  accordance  with  Article  160  concerning  rules  on  the  scope 
and content of the vineyard register and exemptions. 

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5. 

1. 

2. 

3. 

After  1  January  2016,  the  Commission  may,  by  means  of  an  implementing  act, 
decide that paragraphs 1 to 3 of this Article no longer apply. That implementing act 
shall be adopted in accordance with the examination procedure referred to in Article 
162(2). 

Article 103 

Accompanying documents and register  

The  products  of  the  wine  sector  shall  be  put  into  circulation  in  the  Union  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. 

Taking  into  account  the  need  to  facilitate  the  transport  of  wine  products  and 
verification thereof by Member States, the Commission shall be empowered to adopt 
delegated acts in accordance with Article 160 on: 

(a) 

rules on the accompanying document and its use; 

(b) 

the  conditions  under  which  an  accompanying  document  is  to  be  regarded  as 
certifying protected designations of origin or geographical indications; 

(c) 

an obligation to keep a register and its use; 

(d)  who  shall  keep  a  register  and  exemptions  from  the  obligation  to  keep  a 

register; 

(e) 

the operations to be included in the register. 

4. 

The Commission may, by means of implementing acts, adopt: 

(a) 

rules on the composition of the register, the products to be contained therein, 
deadlines for entries in registers and the closures of registers; 

(b)  measures  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. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

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SECTION 3 

MILK AND MILK PRODUCTS 

Article 104 

Contractual relations in the milk and milk products sector 

1. 

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. 

1. 

In order to guarantee a uniform application of this Article, the Commission may, by 
means  of  implementing  acts,  adopt  necessary  measures.  Those  implementing  acts 
shall be adopted in accordance with the examination procedure referred to in Article 
162(2). 

Article 105 

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 104(1), may be 
negotiated by a producer organisation in the milk and milk products sector which is 
recognised under Article 106, on behalf of its farmer members for part or all of their 
joint production.  

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, 

(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. Taking into account the need to ensure 
that  these  associations  may  be  appropriately  monitored,  the  Commission  shall  be 
empowered  to  adopt  delegated  acts  in  accordance  with  Article  160  concerning  the 
conditions for recognition of such associations. 

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 

3. 

4. 

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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 way of an implementing act, adopted in accordance with the advisory procedure 
referred to in Article 14 of Regulation (EC) No 1/2003 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. 

5. 

For the purposes of this Article: 

(a) 

(b) 

a "national competition authority" shall be the authority referred to in Article 5 
of Regulation (EC) No 1/2003; 

a  "SME"  shall  mean  a  micro,  small  or  medium-sized  enterprise  within  the 
meaning of Commission Recommendation 2003/361/EC. 

CHAPTER III 

Producer organisations and associations, interbranch 
organisations, operator organisations 

SECTION 1 

DEFINITION AND RECOGNITION 

Article 106 

Producer organisations 

Member States shall recognise, on request, producer organisations, which: 

(a) 

(b) 

(c) 

are constituted by producers in any of the sectors listed in Article 1(2); 

are formed on the initiative of the producers; 

pursue a specific aim which may include at least one 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; 

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(iii)  optimising production costs and stabilising producer prices; 

(iv)  carrying  out  research  into  sustainable  production  methods  and  market 

developments; 

(v)  promoting  and  providing  technical  assistance  for  the  use  of  environmentally 

sound cultivation practices and production techniques; 

(vi) 

the management of by-products and of waste in particular to protect the quality 
of water, soil and landscape and preserving or encouraging biodiversity; and  

(vii)  contributing  to  a  sustainable  use  of  natural  resources  and  to  climate  change 

mitigation; 

(d) 

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. 

Article 107 

Associations of producer organisations  

Member States shall recognise, on request, associations of producer organisations in any of 
the  sectors  listed  in  Article  1(2)  which  are  formed  on  the  initiative  of  recognised  producer 
organisations.  

Subject to the rules adopted pursuant to Article 114(1), associations of producer organisations 
may carry out any of the activities or functions of producer organisations. 

Article 108 

Interbranch organisations 

1. 

Member  States  shall  recognise,  on  request,  interbranch  organisations  in  any  of  the 
sectors listed in Article 1(2) which: 

(a) 

(b) 

(c) 

are  constituted  of  representatives  of  economic  activities  linked  to  the 
production of, trade in, and/or processing of products in one or more sectors; 

are formed on the initiative of all or some of the organisations or associations 
which constitute them; 

pursue  a  specific  aim,  which  may  include  at  least  one  of  the  following 
objectives: 

(i) 

improving  knowledge  and  the  transparency  of  production  and  the 
market, including by publication of statistical data on the prices, volumes 
and duration of contracts which have been previously concluded, and by 
providing  analyses  of  potential  future  market  developments  at  regional 
or national level; 

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(ii)  helping  to  better  coordinate  the  way  the  products  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 products; 

(v)  providing  the  information  and  carrying  out  the  research  necessary  to 
rationalise, improve and adjust production towards products more suited 
to  market  requirements  and  consumer  tastes  and  expectations,  in 
particular  with  regard  to  product  quality,  including  the  particular 
characteristics  of  products  with  a  protected  designation  of  origin  or  a 
protected geographical indication, and protection of the environment; 

(vi)  seeking  ways  of  restricting  the  use  of  animal-health  or  plant  protection 
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; 

(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  and  carrying  out  research  into  integrated,  sustainable 

production or other environmentally sound production methods; 

(x) 

encouraging  healthy  consumption  of  the  products  and  informing  about 
the harm linked to hazardous consumption patterns; 

(xi)  carrying out promotion actions, especially in third countries. 

2. 

For interbranch organisations in the olive oil and table olive and tobacco sectors, the 
specific aim referred to in point (c) of paragraph 1 may also include at least one of 
the following objectives: 

(a) 

(b) 

concentrating  and  co-ordinating  supply  and  marketing  of  the  produce  of  the 
members; 

adapting  production  and  processing  jointly  to  the  requirements  of  the  market 
and improving the product; 

(c) 

promoting the rationalisation and improvement of production and processing. 

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Article 109 

Operator organisations 

For  the  purposes  of  this  Regulation,  operator  organisations  in  the  olive  oil  and  table  olives 
interbranch 
recognised 
recognised  producer  organisations, 
sector 
organisations or recognised organisations of other operators or their associations. 

shall  comprise 

SECTION 2 

EXTENSION OF RULES AND COMPULSORY CONTRIBUTIONS 

Article 110 

Extension of rules 

1. 

2. 

3. 

In  cases  where  a  recognised  producer  organisation,  a  recognised  association  of 
producer  organisations  or  a  recognised  interbranch  organisation  operating  in  a 
specific  economic  area  or  economic  areas  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 organisation, make binding for a 
limited  period  of  time  some  of  the  agreements,  decisions  or  concerted  practices 
agreed on within that organisation on other operators acting in the economic area or 
areas  in  question,  whether  individuals  or  groups  and  not  belonging  to  the 
organisation or association. 

An  “economic  area”  shall  mean  a  geographical  zone  made  up  of  adjoining  or 
neighbouring production regions in which production and marketing conditions are 
homogeneous. 

An  organisation  or  association  shall  be  deemed  representative  where,  in  the 
economic area or areas concerned of a Member State: 

(a) 

it accounts for, as a proportion of the volume of production or of trade in or of 
processing of the product or products concerned: 

(i) 

for  producer  organisations  in  the  fruit  and  vegetables  sector,  at  least 
60%, or 

(ii) 

in other cases, at least two thirds, and  

(b) 

it  accounts  for,  in  the  case  of  producer  organisations,  more  than  50%  of  the 
producers concerned. 

Where the request for extension of its rules to other operators covers more than one 
economic area, the organisation or association shall demonstrate the minimum level 
of representativeness as defined in the first subparagraph for each of the branches it 
groups in each of the economic areas concerned. 

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4. 

The  rules  for  which  extension  to  other  operators  may  be  requested  as  provided  in 
paragraph 1 shall have one of the following aims: 

(a) 

production and market reporting; 

(b) 

stricter production rules than those laid down in Union or national rules; 

(c) 

drawing up of standard contracts which are compatible with Union rules; 

(d) 

rules on marketing; 

(e) 

rules on protecting the environment; 

(f)  measures to promote and exploit the potential of products; 

(g)  measures to protect organic farming as well as designations of origin, quality 

labels and geographical indications; 

(h) 

research to add value to the products, in particular through new uses which do 
not pose a threat to public health; 

(i) 

studies to improve the quality of products; 

(j) 

research,  in  particular  into  methods  of  cultivation  permitting  reduced  use  of 
plant  protection  or  animal  health  products  and  guaranteeing  conservation  of 
the soil and the environment; 

(k)  definition  of  minimum  qualities  and  definition  of  minimum  standards  of 

packing and presentation; 

(l) 

use of certified seed and monitoring of product quality. 

Those  rules  shall  not  cause  any  damage  to  other  operators  in  the  Member  State 
concerned or the Union and shall not have any of the effects listed in Article 145(2) 
or be otherwise incompatible with Union or national rules in force. 

Article 111 

Financial contributions of non-members 

Where  rules  of  a  recognised  producer  organisation,  a  recognised  association  of  producer 
organisations or a recognised interbranch organisation are extended under Article 110 and the 
activities  covered  by  those  rules  are  in  the  general  economic  interest  of  persons  whose 
activities relate to the products concerned, the Member State which has granted recognition 
may decide that individuals or groups which are not members of the organisation but which 
benefit  from  those  activities  shall  pay  the  organisation  all  or  part  of  the  financial 
contributions paid by its members to the extent that such contributions are intended to cover 
costs directly incurred as a result of pursuing the activities in question. 

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SECTION 3 

ADJUSTMENT OF SUPPLY 

Article 112 

Measures to facilitate the adjustment of supply to market requirements 

Taking into account the need to encourage action by the organisations referred to in Articles 
106 to 108 to facilitate the adjustment of supply to market requirements, with the exception 
of  action  relating  to  withdrawal  from  the  market,  the  Commission  shall  be  empowered  to 
adopt delegated acts in accordance with Article 160, concerning the live plants, beef and veal, 
pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors on measures: 

(a) 

(b) 

(c) 

(d) 

to improve quality; 

to promote better organisation of production, processing and marketing; 

to facilitate the recording of market price trends; 

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

Article 113 

Marketing rules to improve and stabilise the operation of the common market in wines 

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 interbranch 
organisations recognised under Article 108. 

Such rules shall be proportionate to the objective pursued and shall not: 

(a) 

(b) 

(c) 

(d) 

relate to any transaction after the first marketing of the produce concerned; 

allow  for  price  fixing, 
recommendation; 

including  where  prices  are  set  for  guidance  or 

render  unavailable  an  excessive  proportion  of  the  vintage  that  would  otherwise  be 
available; 

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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SECTION 4 

PROCEDURAL RULES 

Article 114 

Delegated powers 

Taking  into  account  the  need  to  ensure  that  the  objectives  and  responsibilities  of  producer 
organisations, 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,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  160  regarding  producer  organisations,  associations  of  producer  organisations, 
interbranch organisations and operator organisations on the following: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the specific aims which may, shall or shall not be pursued by such organisations and 
associations, including derogations from those laid down in Articles 106 to 109,  

the  rules  of  association,  the  recognition,  structure,  legal  personality,  membership, 
size,  accountability  and  activities  of  such  organisations  and  associations,  the 
requirement  referred  to  in  point  (d)  of  Article  106  for  recognition  of  a  producer 
organisation that it 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,  the  effects 
deriving from recognition, the withdrawal of recognition, and mergers; 

transnational organisations and associations including the rules referred to in points 
(a) and (b) of this Article; 

outsourcing  of  activities  and  the  provision  of  technical  means  by  organisations  or 
associations; 

the  minimum  volume  or  value  of  marketable  production  of  organisations  and 
associations; 

the extension of certain rules of the organisations provided for in Article 110 to non-
members and the compulsory payment of subscriptions by non-members referred to 
in  Article  111,  including  a  list  of  the  stricter  production  rules  which  may  be 
extended  under  point  (b)  of  the  first  subparagraph  of  Article  110(4),  further 
requirements as regards representativeness, the economic areas concerned, including 
Commission  scrutiny  of  their  definition,  minimum  periods  during  which  the  rules 
shall apply before their extension, the persons or organisations to whom the rules or 
contributions may be applied, and the circumstances in which the Commission may 
require  that  the  extension  of  rules  or  compulsory  contributions  shall  be  refused  or 
withdrawn. 

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Article 115 

Implementing powers in accordance with the examination procedure 

The  Commission  may,  by  means  of  implementing  acts,  adopt  the  necessary  measures 
concerning this Chapter, in particular on the procedures and technical conditions as regards 
the implementation of the measures referred to in Articles 110 and 112. Those implementing 
acts  shall  be  adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
162(2). 

Article 116 

Other implementing powers 

The Commission may, by means of implementing acts, adopt individual decisions regarding: 

(a) 

(b) 

the  recognition  of  organisations  carrying  out  activities  in  more  than  one  Member 
State, pursuant to the rules adopted under Article 114(c); 

the  refusal  of  or  repeal  of  recognition  of  interbranch  organisations,  repeal  of  the 
extension  of  rules  or  compulsory  contributions,  approval  of,  or  decisions  on  the 
amendment  of  economic  areas  notified  by  Member  States  pursuant  to  the  rules 
adopted under Article 114(f). 

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PART III 

TRADE WITH THIRD COUNTRIES 

CHAPTER I 
Import and export licences 

Article 117 

General rules  

1. 

2. 

Without  prejudice  to  cases  where  import  or  export  licences  are  required  in 
accordance  with  this  Regulation,  the  import  for  release  into  free  circulation  or  the 
export  of  one  or  more  agricultural  products  into  or  from  the  Union  may  be  made 
subject to the presentation of a licence, taking into account the need for licences for 
the management of the markets concerned and, in particular, for monitoring trade in 
the products concerned. 

Licences  shall  be  issued  by  Member  States  to  any  applicant,  irrespective  of  their 
place of establishment in the Union, unless an act adopted in accordance with Article 
43(2) of the Treaty provides otherwise, and without prejudice to measures adopted 
for the application of this Chapter. 

3. 

Licences shall be valid throughout the Union. 

Article 118 

Delegated powers 

1. 

Taking  into  account  the  evolution  of  trade  and  market  developments,  the  needs  of 
the markets concerned and the monitoring of imports of the products concerned, the 
Commission shall be empowered to adopt in accordance with Article 160 delegated 
acts, to determine:  

(a) 

(b) 

the  list  of  agricultural  products  subject  to  the  presentation  of  an  import  or 
export licence; 

the cases and situations where the presentation of an import or export licence 
is  not  required,  based  on,  in  particular  the  customs  status  of  the  products 
concerned, the trade arrangements to be respected, the purposes of operations, 
the legal status of the applicant and the quantities involved. 

2. 

Taking into account the need to define the main elements of the licence system, the 
Commission shall be empowered to adopt delegated acts in accordance with Article 
160 to: 

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(a) 

define the rights and obligations deriving from the licence, its legal effects, a 
tolerance as regards the respect of the obligation to import or export, and the 
indication of the origin and provenance where that is compulsory; 

(b)  provide that the issue of an import 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) 

(d) 

establish  the  rules  applicable  to  the  transfer  of  the  licence  or  restrictions  on 
that transmissibility; 

establish 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 guaranteeing 
that the products are imported or exported within the period of validity of the 
licence is or is not required. 

Article 119 

Implementing powers in accordance with the examination procedure 

The Commission shall, by means of implementing acts, adopt necessary measures concerning 
this Section, including rules on: 

(a) 

(b) 

(c) 

(d) 

(e) 

the submission of applications and the issuing of licences and their use; 

the period of validity of the licence and the amount of security to be submitted; 

the proof that the requirements for 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. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Article 120 

other implementing powers 

The Commission may, by means of implementing acts: 

(a) limit the quantities for which licences may be issued; 

(b) reject the quantities applied for; and  

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(c)  suspend  the  submission  of  applications  in  order  to  manage  the  market  where  large 
quantities are applied for. 

CHAPTER II 

IMPORT DUTIES 

Article 121 

Implementation of international agreements  

The  Commission  shall,  by  means  of  implementing  acts,  adopt  measures  to  implement 
international agreements concluded under Article 218 of the Treaty or any other act adopted 
in accordance with Article 43(2) of the Treaty or the Common Customs Tariff as regards the 
calculation  of  import  duties  for  agricultural  products.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 162(2). 

Article 122 

Entry price system for certain products of the fruit and vegetables, processed fruit and 
vegetables and wine sectors 

1. 

2. 

3. 

For the application of the Common Customs Tariff duty rate for products of the fruit 
and  vegetables  and  processed  fruit  and  vegetables  sectors  and  for  grape  juice  and 
musts, the entry price of a consignment shall be equal to its customs value calculated 
in accordance with the provisions of Regulation (EC) No 2913/1992 of 12 October 
1992  establishing  the  Community  Customs  Code42  (the  Customs  Code)  and 
Regulation  (EC)  No  2454/93  of  2  July  1993  laying  down  provisions  for  the 
implementation  of  Council  Regulation  (EEC)  No  2913/92  establishing  the 
Community Customs Code43 (CCIP). 

For the purposes of application of Article 248 of CCIP, the checks to be carried out 
by  the  customs  authorities  to  determine  whether  a  security  should  be  lodged  shall 
include  a  check  of  the  customs  value  against  the  unit  value  for  the  products 
concerned as referred to in point (c) of Article 30(2) of the Customs Code. 

Taking into account the need to ensure the efficiency of the system, the Commission 
shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  160  to 
provide  that  the  checks  carried  out  by  the  customs  authorities  referred  to  in 
paragraph 2 of this Article shall, in addition to, or as an alternative to, the check of 
the  customs  value  against  the  unit  value,  include  a  check  of  the  customs  value 
against another value. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  rules  for  the 
calculation of the other value referred to in the first subparagraph of this paragraph. 

42 
43 

OJ L 302, 19.10.1992, p. 10. 
OJ L 253, 11.10.1993, p. 1. 

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Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

Article 123 

Additional import duties 

1. 

2. 

3. 

4. 

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 
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 the Common Customs Tariff, an additional 
import  duty  shall  apply  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 as imports 
as  a  percentage  of  the  corresponding  domestic  consumption  during  the  three 
previous years. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

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  point  (a)  of  paragraph 1,  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,  adopt  the  necessary 
measures  for  the  application  of  this  Article.  Those  implementing  acts  shall  be 
adopted in accordance with the examination procedure referred to in Article 162(2). 

Article 124 

Other implementing powers 

The Commission may, by means of implementing acts: 

(a) 

fix  the  level  of  the  applied  import  duty  in  accordance  with  the  rules  set  out  in  an 
international  agreement  concluded  under  Article  218  of  the  Treaty,  the  Common 
Customs Tariff and those adopted pursuant to Article 121 of this Regulation; 

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(b) 

fix  the  representative  prices  and  trigger  volumes  for  the  purposes  of  applying 
additional import duties in the framework of the rules adopted pursuant to the first 
sub-paragraph of Article 123(1). 

CHAPTER III 

TARIFF QUOTA MANAGEMENT AND SPECIAL TREATMENT OF IMPORTS BY 
THIRD COUNTRIES 

Article 125 

Tariff quotas 

1. 

2. 

Tariff quotas for the import of agricultural products for release into free circulation 
in  the  Union  (or  a  part  thereof),  or  tariff  quotas  for  imports  of  Union  agricultural 
products  into  third  countries  which  are  to  be  partly  or  fully  administered  by  the 
Union,  resulting  from  agreements  concluded  in  accordance  with  Article 218  of  the 
Treaty or any other act adopted in accordance with Article 43(2) of the Treaty shall 
be  opened  and/or  administered  by  the  Commission  by  means  of  delegated  and 
implementing acts pursuant to Articles 126 to 128. 

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  submission  of  applications 
(‘first come, first served’ principle); 

a  method  of  distribution  in  proportion  to  the  quantities  requested  when  the 
applications were submitted (the ‘simultaneous examination method’); 

a  method  based  on  taking  traditional  trade  patterns  into  account  (using  the 
‘traditional/newcomers method’). 

3. 

The method of administration adopted shall: 

(a) 

(b) 

for  import  tariff  quotas  give  due  weight  to  the  supply  requirements  of  the 
Union market and the need to safeguard the equilibrium of that market, or 

for export tariff quotas, permit the full use of the possibilities available under 
the quota concerned. 

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Article 126 

Delegated powers 

1. 

Taking into account the need to ensure fair access for the quantities available and an 
equal treatment of operators within the import tariff quota, the Commission shall be 
empowered to adopt delegated acts in accordance with Article 160 to: 

(a) 

determine  the  conditions  and  eligibility  requirements  that  an  operator  has  to 
fulfil  to  submit  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 
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 
and 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; 

(c)  make  the  participation  in  the  import  tariff  quota  subject  to  the  lodging  of  a 

security; 

(d) 

adopt all the necessary provisions for any particular specificities, requirements 
or  restrictions  applicable  to  the  tariff  quota  as  set  out  in  the  international 
agreement or other act referred to in Article 125(1). 

2. 

Taking  into  account  the  need  to  ensure  that  exported  products  may  benefit  from  a 
special  treatment  on  importation  into  a  third  country  under  certain  conditions,  in 
accordance with agreements concluded by the Union in accordance with Article 218 
of  the  Treaty,  the  Commission  shall  be  empowered  to  adopt  delegated  acts  in 
accordance  with  Article  160  of  this  Regulation  requiring  the  competent  authorities 
of the Member States to issue, on request and after appropriate checks, a document 
certifying that the conditions are met for products that, if exported, may benefit from 
a  special  treatment  on  importation  into  a  third  country  if  certain  conditions  are 
respected. 

Article 127 

Implementing powers in accordance with the examination procedure 

1. 

The Commission may, by means of implementing acts, lay down: 

(a) 

(b) 

the  annual  tariff  quotas,  if  necessary  suitably  phased  over  the  year  and  shall 
determine the method of administration to be used; 

rules for the application of the specific provisions laid down in the agreement 
or act adopting the import or export regime, in particular, on: 

(i) 

guarantees covering the nature, provenance and origin of the product; 

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(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) 

the  use  of  licences,  and,  when  necessary,  specific  rules  relating  to,  in 
particular,  the  conditions  under  which  applications  for  import  shall  be 
submitted and authorisation granted within the tariff quota; 

(f) 

necessary measures related to the document referred to in Article 126(2). 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

Article 128 

Other implementing powers  

1. 

2. 

The Commission shall, by means of implementing acts, adopt provisions to manage 
the process guaranteeing that the quantities available within the 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 submission of applications. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  provisions  for  the 
reallocation of the unused quantities. 

CHAPTER IV 

SPECIAL IMPORT PROVISIONS FOR CERTAIN PRODUCTS 

Article 129 

Imports of hemp 

1. 

The following products may be imported into the Union if the following conditions 
are met: 

(a) 

raw true hemp falling within CN code 5302 10 00 meeting the conditions laid 
down  in  Articles 25(3)  and  28(h)  of  Regulation  (EU)  No […]  establishing 
rules  for  direct  payment  to  farmers  under  support  schemes  within  the 
framework of the common agricultural policy; 

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(b) 

seeds  of  varieties  of  hemp  falling  within  CN  code  ex 1207 99 15  for  sowing 
accompanied  by  proof  that  the  tetrahydrocannabinol  level  of  the  variety 
concerned  does  not  exceed  that  fixed  in  accordance  with  Articles 25(3)  and 
28(h)  of  Regulation  (EU)  No […]  establishing  rules  for  direct  payment  to 
farmers  under  support  schemes  within  the  framework  of  the  common 
agricultural policy; 

(c) 

hemp  seeds  other  than  for  sowing,  falling  within  CN  code  1207 99 91 
imported only by importers authorised by the Member State in order to ensure 
that such seeds are not intended for sowing. 

2. 

This  Article  shall  apply  without  prejudice  to  more  restrictive  rules  adopted  by 
Member  States  in  compliance  with  the  Treaty  and  the  obligations  under  the 
WTO Agreement on Agriculture. 

Article 130 

Derogations for imported products and special security in the wine sector 

Derogations  from  point  5  of  Section  B  or  Section  C  of  Part  II  of  Annex VII  for  imported 
products  may  be  adopted  in  accordance  with  Article  43(2)  of  the  Treaty,  pursuant  to  the 
international obligations of the Union.  

In the case of derogations from point 5 of Section B of Part II of Annex VII importers shall 
lodge  a  security  for  those  products  with  the  designated  customs  authorities  at  the  time  of 
release into free circulation. The security shall be released on the presentation of proof by the 
importer,  to  the  satisfaction  of  the  customs  authorities  of  the  Member  State  of  release  into 
free circulation, that: 

(a) 

(b) 

the products have not benefited from the derogations or, 

if they have benefited from the derogations, the products have not been vinified, or if 
they have been vinified, the resulting products have been appropriately labelled. 

The Commission may, by means of implementing acts, lay down rules to ensure the uniform 
application of this Article, including on the amounts of the security and appropriate labelling. 
Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

CHAPTER V 

SAFEGUARD AND INWARD PROCESSING 

Article 131 

Safeguard measures 

1. 

Safeguard  measures  against  imports  into  the  Union  shall  be  taken  by  the 
Commission,  subject  to  paragraph 3  of  this  Article,  in  accordance  with  Council 

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2. 

3. 

4. 

1. 

Regulations  (EC)  No 260/2009  of  26 February  2009  on  the  common  rules  for 
imports 44 and (EC) No 625/2009 of 7 July 2009 on common rules for imports from 
certain third countries 

45. 

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, by means of implementing acts, take measures referred to in 
paragraphs 1  and  2  of  this  Article  at  the  request  of  a  Member  State  or  on  its  own 
initiative.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 162(2). 

Where the Commission receives a request from a Member State, it shall, by means 
of implementing acts, take a decision thereon within five working days following the 
receipt of the request. Those implementing acts shall be adopted in accordance with 
the examination procedure referred to in Article 162(2). 

On  duly  justified  grounds  of  urgency,  the  Commission  shall  adopt  immediately 
applicable implementing acts in accordance with the procedure referred to in Article 
162(3). 

The measures adopted shall be communicated to the Members States and shall take 
effect immediately. 

The  Commission  may,  by  means  of  implementing  acts,  revoke  or  amend  Union 
safeguard  measures  adopted  pursuant  to  paragraph  3  of  this  Article.  Those 
implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

On  duly  justified  grounds  of  urgency,  the  Commission  shall  adopt  immediately 
applicable implementing acts in accordance with the procedure referred to in Article 
162(3). 

Article 132 

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.  Those 

44 
45 

OJ L 84, 31.3.2009, p. 1. 
OJ L 185, 17.7.2009, p. 1. 

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implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Where the Commission receives a request from a Member State, it shall, by means 
of implementing acts, take a decision thereon within five working days following the 
receipt of the request. Those implementing acts shall be adopted in accordance with 
the examination procedure referred to in Article 162(2). 

On  duly  justified  grounds  of  urgency,  the  Commission  shall  adopt  immediately 
applicable implementing acts in accordance with the procedure referred to in Article 
162(3). 

The measures adopted shall be communicated 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.  

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CHAPTER VI 

EXPORT REFUNDS 

Article 133 

Scope 

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)  to  (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  points  (i)  to  (iii),  (v)  and  (vii)  of  point  (a)  of  this 
paragraph  to  be  exported  in  the  form  of  processed  goods  in  accordance  with 
Council  Regulation  (EC)  No  1216/2009  of  30  November  2009  laying  down 
the  trade  arrangements  applicable  to  certain  goods  resulting  from  the 
processing  of  agricultural  products46,  and  in  the  form  of  the  products 
containing sugar listed in point (b) of Part X of Annex I. 

2. 

3. 

Export  refunds  on  products  exported  in  the  form  of  processed  goods  shall  not  be 
higher  than  those  applicable  to  the  same  products  exported  without  further 
processing. 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary  measures 
for  the  application  of  this  Article.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

46 

OJ L 328, 15.12.2009, p. 10. 

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Article 134 

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 relevant market, 
allowing  the  most  efficient  use  of  the  resources  available,  taking  into  account  the 
efficiency  and  structure  of  Union  exports  and  their  impact  on  the  market  balance 
without  creating  discrimination  between  the  operators  concerned  and  in  particular 
between large and small operators; 

(b) 

is  least  cumbersome  administratively  for  operators,  taking  into  account  the 
administrative requirements. 

Article 135 

Export refund fixation 

1. 

2. 

1. 

2. 

The same export refunds shall apply to the same products in 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. 

Article 136 

Granting of export refund 

Refunds  on  products  listed  in  point  (a)  of  Article 133(1)  exported  as  such  without 
further  processing  shall  only  be  granted  on  application  and  on  presentation  of  an 
export licence. 

The refund applicable to products listed in point (a) of Article 133(1)shall be the one 
applicable  on  the  day  of  application  for  the  licence  or  the  one  resulting  from  the 
tendering procedure concerned and, in the case of a differentiated refund, the refund 
applicable on the same day: 

(a) 

for the destination indicated on the licence; or 

(b) 

for  the  actual  destination  if  it  differs  from  the  destination  indicated  on  the 
licence,  in  which  case  the  amount  applicable  shall  not  exceed  the  amount 
applicable to the destination indicated on the licence. 

The Commission may, by means of implementing acts, 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. 

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3. 

Taking  into  account  the  need  to  ensure  equality  of  access  to  export  refunds  for 
exporters  of  products  listed  in  Annex  I  to  the  Treaty,  and  of  products  processed 
thereof, the Commission shall be empowered to adopt delegated acts in accordance 
with  Article  160  of  this  regulation  to  apply  paragraphs 1  and  2  of  this  Article  to 
products referred to in point (b) of Article 133(1) of this Regulation. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  necessary  measures 
for  the  application  of  this  paragraph.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

4. 

The refund shall be paid upon submission of proof that: 

(a) 

(b) 

the products have exited the customs territory of the Union in accordance with 
the export procedure referred to in Article 161 of the Customs Code; 

in the case of a differentiated refund, the products have been imported into the 
destination indicated on the licence or another destination for which a refund 
was fixed, without prejudice to point (b) of paragraph 2. 

Article 137 

Export refunds for live animals in the beef and veal sector 

1. 

2. 

3. 

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  the  Union  legislation  and,  in  particular,  the 
protection of animals during transport. 

Taking  into  account  the  need  to  encourage  exporters  to  respect  animal  welfare 
conditions  and  to  enable  the  competent  authorities  to  verify  correct  expenditure  of 
export refunds where that is conditional on respect for animal welfare requirements, 
the  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  160  on  the  respect  of  animal  welfare  requirements  outside  the  customs 
territory of the Union, including the use of independent third parties. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  necessary  measures 
for  the  application  of  this  Article.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

Article 138 

Export limits 

The  volume  commitments  resulting  from  the  agreements  concluded  in  accordance  with 
Article 218  of  the  Treaty  shall  be  respected  on  the  basis  of  export  licences  issued  for  the 
reference periods applying to the products concerned.  

The  Commission  may  adopt 
the  volume 
commitments,  including  ceasing  or  limiting  the  issue  of  export  licences  when  such 
commitments are or can be exceeded. With regard to compliance with the obligations under 

implementing  acts  necessary 

to  respect 

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the  WTO  Agreement  on  Agriculture,  the  ending  of  a  reference  period  shall  not  affect  the 
validity of export licences. 

1. 

2. 

3. 

4. 

5. 

Article 139 

Delegated powers 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 160 to provide for measures listed in paragraphs 2 to 6 of this Article. 

Taking into account the need 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. 

Taking  into  account  the  need  to  minimise  the  administrative  burden  for  operators 
and  authorities,  the  Commission  may,  by  means  of  delegated  acts,  set  thresholds 
below which the obligation to issue or present an export licence may not be required, 
designate destinations or operations where an exemption for the obligation to present 
an export licence may be justified and permit export licences to be granted ex-post in 
justified situations. 

Taking into account the need to adhere to practical situations justifying full or partial 
eligibility  to  export  refunds  and  to  help  operators  bridge  the  period  between  the 
application  and  the  final  payment  of  the  export  refund,  the  Commission  may,  by 
means of delegated acts, adopt measures concerning: 

(a) 

another date for the refund; 

(b) 

(c) 

(d) 

(e) 

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 and the 
opportunity for re-importation into the customs territory of the Union; 

destinations  treated  as  exports  from  the  Union,  and  inclusion  of  destinations 
within the customs territory of the Union eligible for export refunds. 

Taking into account the need to ensure that products benefiting from export refunds 
are exported from the customs territory of the Union and to avoid their return to that 
territory, and to minimise the 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 concerning: 

(a) 

the time limit by which the exit from the customs territory of the Union must 
be finalised, including the time for temporary re-entry; 

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(b) 

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) 

(e) 

the refund thresholds and conditions under which exporters may be exempted 
from such proof; 

conditions  for  approval  of  proof  of  reaching  a  destination  for  differentiated 
refunds by independent third parties. 

6. 

Taking into account 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, the definition and characteristics of 
the  products,  and  the  establishment  of  coefficients  for  the  purposes  of  calculating 
export refunds. 

Article 140 

Implementing powers in accordance with the examination procedure 

The  Commission  shall  by  means  of  implementing  acts,  adopt  necessary  measures  for  the 
application of this Section, in particular: 

(a) 

on  the  redistribution  of  exportable  quantities  which  have  not  been  allocated  or 
utilised; 

(b) 

on products referred to in point (b) of Article 133(1). 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination  procedure 
referred to in Article 162(2). 

Article 141 

Other implementing powers 

The  Commission  may,  by  means  of  implementing  acts,  fix  coefficients  adjusting  export 
refunds in accordance with the rules adopted pursuant to Article 139(6). 

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CHAPTER VII 

OUTWARD PROCESSING 

Article 142 

Suspension of outward processing arrangements 

1. 

Where  the  Union  market  is  disturbed  or  could  be  disturbed  by  outward  processing 
arrangements,  the  Commission  may,  by  means  of  implementing  acts,  on  a  request 
from  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. Those implementing acts shall be adopted in 
accordance with the examination procedure referred to in Article 162(2). 

Where the Commission receives a request from a Member State, it shall, by means 
of  implementing  acts,  take  a  decision  thereon  within  five  working  days  following 
receipt of the request. Those implementing acts shall be adopted in accordance with 
the examination procedure referred to in Article 162(2). 

On  duly  justified  grounds  of  urgency,  the  Commission  shall  adopt  immediately 
applicable implementing acts in accordance with the procedure referred to in Article 
162(3). 

The measures adopted shall be communicated 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  listed  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.  

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PART IV 

COMPETITION RULES 

CHAPTER I 

Rules applying to undertakings 

Article 143 

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 
implementation  provisions  thereof  shall,  subject  to  Articles  144  to  146  of  this  Regulation, 
apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 
of the Treaty which relate to the production of, or trade in, agricultural products. 

Article 144 

Exceptions for the objectives of the CAP and farmers and their associations 

1. 

Article 101(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
practices referred to in Article 143 of this Regulation 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, 
or  producer  organisations  recognised  under  Article  106  of  this  Regulation,  or 
associations  of  producer  organisations  recognised  under  Article  107  of  this 
Regulation, 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 competition 
is thereby excluded or the objectives of Article 39 of the Treaty are jeopardised. 

2. 

After consulting the Member States and hearing the undertakings or associations of 
undertakings  concerned  and  any  other  natural  or  legal  person  that  it  considers 
appropriate, the Commission shall have sole power, subject to review by the Court 
of  Justice,  to  determine,  by  adopting,  by  means  of  implementing  acts,  a  Decision 
which  shall  be  published,  which  agreements,  decisions  and  practices  fulfil  the 
conditions specified in paragraph 1. 

The Commission shall undertake such determination either on its own initiative or at 
the  request  of  a  competent  authority  of  a  Member  State  or  of  an  interested 
undertaking or association of undertakings. 

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3. 

1. 

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 145 

Agreements and concerted practices of recognised interbranch organisations 

Article 101(1)  of  the  Treaty  shall  not  apply  to  the  agreements,  decisions  and 
concerted practices of interbranch organisations recognised under Article 108 of this 
Regulation  with  the  object  of  carrying  out  the  activities  listed  in  point  (c)  of 
Article 108(1)  of  this  Regulation,  and  for  the  olive  oil  and  table  olive  and  tobacco 
sectors, Article 108(2) of this Regulation. 

2. 

Paragraph 1 shall apply only provided that: 

(a) 

the  agreements,  decisions  and  concerted  practices  have  been  notified  to  the 
Commission; 

(b)  within  two  months  of  receipt  of  all  the  details  required  the  Commission,  by 
means  of  implementing  acts,  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). 

Agreements,  decisions  and  concerted  practices  shall  in  any  case  be  declared 
incompatible with Union rules if they: 

(a)  may lead to the partitioning of markets within the Union in any form; 

(b)  may affect the sound operation of the market organisation; 

(c)  may create distortions of competition which are not essential to achieving the 
objectives of the CAP pursued by the interbranch organisation activity; 

(d) 

entail the fixing of prices or the fixing of quotas; 

(e)  may create discrimination or eliminate competition in respect of a substantial 

proportion of the products in question.  

5. 

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, 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. 

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6. 

In  the  case  of  multiannual  agreements,  the  notification  for  the  first  year  shall  be 
valid  for  the  subsequent  years  of  the  agreement.  However,  in  that  event,  the 
Commission  may,  on  its  own  initiative  or  at  the  request  of  another  Member  State, 
issue a finding of incompatibility at any time. 

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CHAPTER II 

State aid rules 

Article 146 

Application of Articles 107 to 109 of the Treaty 

1. 

2. 

Subject  to  paragraph  2,  Articles  107  to  109  of  the  Treaty  shall  apply  to  the 
production of, and trade in, agricultural products. 

Articles  107  to  109  of  the  Treaty  shall  not  apply  to  payments  made  by  Member 
States pursuant to and in conformity with: 

(a) 

the  measures  provided  for  in  this  Regulation  which  are  partly  or  wholly 
financed by the Union, or 

(b) 

the provisions of Articles 147 to 153 of this Regulation. 

Article 147 

National payments related to wine support programmes 

By  way  of  derogation  from  Article  41(3),  Member  States  may  grant  national  payments  in 
accordance with the Union rules on State aid for the measures referred to in Articles 43, 47 
and 48. 

The maximum aid rate as laid down in the relevant Union rules on state aid shall apply to the 
global public financing, including both Union and national funds. 

Article 148 

National payments for reindeer in Finland and Sweden 

Subject  to  an  authorisation  by  the  Commission,  by  means  of  implementing  acts,  national 
payments  for  the  production  and  marketing  of reindeer  and  reindeer  products  (CN  ex  0208 
and ex 0210) may be made by Finland and Sweden insofar as they do not entail any increase 
in traditional levels of production. 

Article 149 

National payments for the sugar sector in Finland 

Finland  may  make  national  payments  of  up  to  EUR 350  per  hectare  per  marketing  year  to 
sugar beet growers. 

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Article 150 

National payments for apiculture 

Member States may make national payments for the protection of apiaries disadvantaged by 
structural or natural conditions or under economic development programmes, except for those 
allocated for production or trade. 

Article 151 

1. 

2. 

3. 

4. 

5. 

6. 

National payments for distillation of wine in cases of crisis 

Member States may make national payments to wine producers for the voluntary or 
mandatory distillation of wine in justified cases of crisis. 

The payments referred to in paragraph 1 shall be proportionate and allow that crisis 
to be addressed. 

The overall amount of payments available in a Member State in any given year for 
such  payments  shall  not  exceed  15 %  of  the  globally  available  funds  per  Member 
State for that year as laid down in Annex IV. 

Member  States  wishing  to  make  use  of  the  national  payments  referred  to  in 
paragraph  1  shall  submit  a  duly  substantiated  notification  to  the  Commission.  The 
Commission  shall,  by  means  of  implementing  acts,  decide  whether  the  measure  is 
approved and whether the payments may be made. 

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  necessary  measures 
for  the  application  this  Article.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

Article 152 

National payments for distribution of products to children 

Member  States  may,  in  addition  to  Union  aid  provided  for  in  Articles  21  and  24,  make 
national payments for supplying the products to children in educational establishments or for 
the related costs referred to in Article 21(1). 

Member States may finance those payments by means of a levy on the sector concerned or by 
any other contribution from the private sector. 

Member  States  may,  in  addition  to  Union  aid  provided  for  in  Article  21,  make  national 
payments for financing accompanying measures necessary to make the Union scheme for the 
supply of fruit and vegetable, processed fruit and vegetable and banana products effective, as 
provided for in Article 21(2). 

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Article 153 

National payments for nuts 

1. 

Member States may make national payments, up to a maximum of EUR 120,75 per 
hectare per year, to farmers producing the following products: 

(a) 

almonds falling within CN codes 0802 11 and 0802 12; 

(b)  hazelnuts or filberts falling within CN codes 0802 21 and 0802 22; 

(c)  walnuts falling within CN codes 0802 31 and 0802 32; 

(d)  pistachios falling within CN code 0802 50; 

(e) 

locust beans falling within CN code 1212 99 30. 

2. 

The national payments may be paid only for a maximum area of: 

Member State 

Maximum area (ha)

Belgium 

Bulgaria 

Germany 

Greece 

Spain 

France 

Italy 

Cyprus 

Luxembourg 

Hungary 

Netherlands 

Poland 

Portugal 

Romania 

Slovenia 

Slovakia 

100

11 984

1 500

41 100

568 200

17 300

130 100

5100

100

2 900

100

4 200

41 300

1 645

300

3 100

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United Kingdom 

100

3. 

Member States may make the granting of national payments conditional on farmers 
being members of a producer organisation recognised under Article 106. 

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PART V 

GENERAL PROVISIONS 

CHAPTER I 

Exceptional measures 

SECTION 1 

MARKET DISTURBANCE 

Article 154 

Measures against market disturbance 

1. 

2. 

3. 

Taking  into  account  the  need  to  react  efficiently  and  effectively  against  threats  of 
market  disturbance  caused  by  significant  price  rises  or  falls  on  internal  or  external 
markets  or  any  other  factors  affecting  the  market,  the  Commission  shall  be 
empowered  to  adopt  delegated  acts  in  accordance  with  Article  160  to  take  the 
necessary  measures  for  the  sector  concerned,  respecting  any  obligations  resulting 
from agreements concluded in accordance with Article 218 of the Treaty. 

Where  in  the  cases  of  threats  of  market  disturbances  referred  to  in  the  first 
subparagraph, imperative grounds of urgency so require, the procedure provided for 
in  Article  161  of  this  Regulation  shall  apply  to  delegated  acts  adopted  pursuant  to 
this paragraph. 

Such  measures  may  to  the  extent  and  for  the  time  necessary  extend  or  modify  the 
scope,  duration  or  other  aspects  of  other  measures  provided  for  under  this 
Regulation,  or  suspend  import  duties  in  whole  or  in  part  including  for  certain 
quantities or periods as necessary.  

The measures referred to in paragraph 1 shall not apply to products listed in Section 
2 of Part XXIV of Annex I. 

The Commission may, by means of implementing acts, adopt necessary rules for the 
application  of  paragraph  1  of  this  Article.  Those  rules  may,  in  particular,  concern 
procedures  and  technical  criteria.  Those  implementing  acts  shall  be  adopted  in 
accordance with the examination procedure referred to in Article 162(2). 

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MARKET SUPPORT MEASURES RELATED TO ANIMAL DISEASES AND LOSS OF 
CONSUMER CONFIDENCE DUE TO PUBLIC, ANIMAL OR PLANT HEALTH RISKS 

Article 155 

Measures concerning animal diseases and loss of consumer confidence due to public, 
animal or plant health risks 

1. 

The  Commission  may,  by  means  of  implementing  acts,  adopt  exceptional  support 
measures: 

(a) 

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, and 

(b) 

in order to take account of serious market disturbances directly attributed to a 
loss in consumer confidence due to public, animal or plant health risks. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

2. 

The measures provided for in paragraph 1 shall apply to the following sectors: 

(a) 

beef and veal; 

(b)  milk and milk products; 

(c) 

pigmeat; 

(d) 

sheepmeat and goatmeat; 

(e) 

eggs; 

(f) 

poultrymeat. 

The measures provided for in point (b) of paragraph 1 related to a loss in consumer 
confidence due to public or plant health risks shall also apply to all other agricultural 
products except those listed in Section 2 of Part XXIV of Annex I. 

3. 

4. 

5. 

The  measures  provided  for  in  paragraph 1  shall  be  taken  at  the  request  of  the 
Member State concerned. 

The  measures  provided  for  in  point  (a)  of  paragraph  1  may  be  taken  only  if  the 
Member State concerned has 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. 

The Union shall provide part-financing equivalent to 50 % of the expenditure borne 
by Member States for the measures provided for in paragraph 1. 

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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. 

6. 

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. 

SECTION 3 

SPECIFIC PROBLEMS 

Article 156 

Measures to resolve specific problems 

The  Commission  shall,  by  means  of  implementing  acts,  adopt  necessary  and 
justifiable  emergency  measures  to  resolve  specific  problems.  Those  measures  may 
derogate  from  the  provisions  of  this  Regulation  only  to  an  extent  that  is  strictly 
necessary and for a period that is strictly necessary. Those implementing acts shall 
be  adopted  in  accordance  with  the  examination  procedure  referred  to  in  Article 
162(2). 

To resolve specific problems, on duly justified grounds of urgency, the Commission 
shall  adopt  immediately  applicable  implementing  acts  in  accordance  with  the 
procedure referred to in Article 162(3). 

CHAPTER II 

Communications and reporting 

Article 157 

Communication requirements  

For  the  purposes  of  applying  this  Regulation,  monitoring,  analysing  and  managing 
the  market  in  agricultural  products,  ensuring  market  transparency,  the  proper 
functioning of CAP measures, of checking, controlling, monitoring, evaluating and 
auditing  CAP  measures, 
including 
notification  requirements  under  those  agreements,  the  Commission  may  in 
accordance  with  the  procedure  referred  to  in  paragraph  2  adopt  the  necessary 
measures  regarding  communications  to  be  made  by  undertakings,  Member  States 
and/or  third  countries.  In  so  doing  it  shall  take  into  account  the  data  needs  and 
synergies between potential data sources. 

international  agreements, 

implementing 

1. 

2. 

1. 

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The  information  obtained  may  be  transmitted  or  made  available  to  international 
organisations, the competent authorities of third countries and may be made public, 
subject to the protection of personal data and the legitimate interest of undertakings 
in the protection of their business secrets, including prices.  

2. 

Taking  into  account  the  need  to  make  notifications  referred  to  in  paragraph  1  fast, 
efficient, accurate, and cost effective, the Commission shall be empowered to adopt 
delegated acts in accordance with Article 160 laying 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) 

rules on providing the information necessary for the application of this Article;  

(b) 

(c) 

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, international organisations, the competent authorities in 
third countries, or the public, subject to the protection of personal data and the 
legitimate interest of undertakings in the protection of their business secrets. 

Those  implementing  acts  shall  be  adopted  in  accordance  with  the  examination 
procedure referred to in Article 162(2). 

Article 158 

Reporting obligation of the Commission  

The Commission shall present a report to the European Parliament and to the Council: 

(a) 

(b) 

every three years after 2013 on the implementation of the measures concerning the 
apiculture sector as set out in Articles 52 to 54; 

by 30 June 2014 and also by 31 December 2018 on the development of the market 
situation in the milk and milk products sector and in particular on the operation of 
Articles 104 to 107 and 145 in that sector covering, in particular, potential incentives 
to  encourage  farmers  to  enter  into  joint  production  agreements  together  with  any 
appropriate proposals. 

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CHAPTER III 

Reserve for crises in the agricultural sector 

Article 159 

Use of the Reserve 

Funds transferred from the Reserve for crises in the agricultural sector under the conditions 
and  procedure  referred  to  in  paragraph  14  of  the  Interinstitutional  Agreement  between  the 
European Parliament, the Council and the Commission on cooperation in budgetary matters 
and on sound financial management47 shall be made available for the measures to which this 
Regulation  applies  for  the  year  or  years  for  which  the  additional  support  is  required  and 
which are implemented in circumstances that go beyond normal market developments.  

In particular, funds shall be transferred for any expenditure under: 

(a) 

(b) 

(c) 

Chapter I of Title I of Part II, 

Chapter VI of Part III, and  

Chapter I of this Part. 

The Commission  may, by means  of implementing acts, and by way of  derogation from the 
second paragraph of this Article, decide that transfers of funds shall not be made for certain 
expenditure  referred  to  in  point  (b)  of  that  paragraph  if  such  expenditure  is  part  of  normal 
market  management.  Those  implementing  acts  shall  be  adopted  in  accordance  with  the 
examination procedure referred to in Article 162(2). 

47 

OJ L […], […], p. […]. 

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PART VI 

DELEGATIONS OF POWER, IMPLEMENTING 
PROVISIONS, TRANSITIONAL AND FINAL RULES 

CHAPTER I 

Delegations of power and implementing provisions 

Article 160 

Exercise of the delegation 

1. 

2. 

3. 

4. 

5. 

The  powers  to  adopt  the  delegated  acts  shall  be  conferred  on  the  Commission 
subject to the conditions laid down in this Article. 

The  delegations  of  power  referred  to  in  this  Regulation  shall  be  conferred  on  the 
Commission  for  an  indeterminate  period  of  time  from  the  entry  into  force  of  this 
Regulation. 

The delegation of powers referred to in this Regulation may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall put an 
end to the delegation of the power specified in that decision. It shall take effect the 
day following the publication of the decision in the Official Journal of the European 
Union  or  at  a  later  date  specified  therein.  It  shall  not  affect  the  validity  of  any 
delegated acts already in force.  

As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

A delegated act adopted pursuant to this Regulation shall enter into force only if no 
objection  has  been  expressed  either  by  the  European  Parliament  or  the  Council 
within  a  period  of  2  months  of  notification  of  that  act  to  the  European  Parliament 
and the Council or if, before the expiry of that period, the European Parliament and 
the  Council  have  both  informed  the  Commission  that  they  will  not  object.  That 
period shall be extended by 2 months at the initiative of the European Parliament or 
the Council. 

Article 161 

Urgency procedure 

1. 

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 

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2. 

1. 

2. 

3. 

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. 

Either the European Parliament or the Council may object to a delegated act adopted 
under this Article in accordance with the procedure referred to in Article 160(5). In 
such  a  case,  the  Commission  shall  repeal  the  act  without  delay  following  the 
notification of the decision to object by the European Parliament or the Council.  

Article 162 

Committee procedure 

The Commission shall be assisted by a Committee for the Common Organisation of 
the Agricultural Markets. That Committee shall be a committee within the meaning 
of Regulation (EU) No 182/2011. 

Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply. 

Where  reference  is  made  to  this  paragraph,  Article  8  of  Regulation  (EU) 
No 182/2011, in conjunction with Article 5 thereof, shall apply. 

CHAPTER II 

Transitional and final provisions 

Article 163 

Repeals 

1. 

Regulation (EU) No [COM(2010)799] is repealed.  

However,  the  following  provisions  of  Regulation  (EU)  No  [COM(2010)799]  shall 
continue to apply: 

(a) 

as regards the sugar sector, Title I of Part II, Articles 248, 260 to 262 and Part
 II of Annex III until the end of the 2014/2015 marketing year for sugar on 30 
September 2015; 

(b) 

the  provisions  related  to  the  system  of  milk  production  limitation  set  out  in 
Chapter III of Title I of Part II, until 31 March 2015; 

(c) 

as regards the wine sector: 

(i)  Articles 82 to 87 as regards areas referred to in Article 82(2) which have 
not yet been grubbed up and as regards areas referred to in Article 83(1) 
which  have  not  been  regularised  until  such  areas  are  grubbed  up  or 
regularised, 

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(ii) 

the transitional planting right regime set out in Subsection II of Section 
V of Chapter III of Title I of Part II, until 31 December 2015, or, to the 
extent necessary in order to give effect to any decision taken by Member 
States under Article 89(5), until 31 December 2018; 

(d)  Article 291(2) until 31 March 2014; 

(e) 

the  first  and  second  paragraph  of  Article  293  until  the  end  of  the  2013/2014 
marketing year for sugar; 

(f)  Article 294 until 31 December 2017; 

(g)  Article 326. 

2. 

3. 

References  to  Regulation  (EU)  No  [COM(2010)799]  shall  be  construed  as 
references  to  this  Regulation  and  to  Regulation  (EU)  No […]  on  the  financing, 
management  and  monitoring  of  the  common  agricultural  policy  and  be  read  in 
accordance with the correlation tables set out in Annex VIII to this Regulation. 

Council Regulations (EC) No 234/79, (EC) No 1601/96 and (EC) No 1037/2001 are 
repealed. 

Article 164 

Transitional rules  

Taking into account the need to ensure the smooth transition from the arrangements provided 
for  in  Regulation  (EU)  No  [COM(2010)799]  to  those  laid  down  in  this  Regulation,  the 
Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with  Article  160 
concerning measures necessary to protect the acquired rights and legitimate expectations of 
undertakings. 

Article 165 

Entry into force and application 

1. 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  that  of  its 
publication in the Official Journal of the European Union. 

It shall apply from 1 January 2014. 

However,  Articles  7,  16  and  101  and  Annex  III,  as  regards  the  sugar  sector,  shall 
only  apply  after  the  end  of  the  2014/2015  marketing  year  for  sugar  on  1  October 
2015.  

2. 

As regards the milk and milk products sector, Articles 104 and 105 shall apply until 
30 June 2020. 

EN 

139 

   EN 

 
 
 
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 

140 

   EN 

 
ANNEX I 

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(2) 

Part I: Cereals 

The cereals sector shall cover the products listed in the following table: 

CN code 

Description 

(a) 

0709 90 60 

Sweetcorn, fresh or chilled 

0712 90 19 

1001 90 91 

1001 90 99 

1002 00 00 

1003 00 

1004 00 00 

1005 10 90 

1005 90 00 

1007 00 90 

1008 

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 

(b) 

(c) 

(d) 

1001 10 00 

Durum wheat 

1101 00 

Wheat or meslin flour 

1102 10 00 

Rye flour 

1103 11 

Groats and meal of wheat 

1107 

0714 

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 

141 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1109 00 00 

Wheat gluten, whether or not dried 

EN 

142 

   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 00 

Vegetable  materials  and  vegetable waste,  vegetable  residues  and  by-products,  whether  or  not  in  the 
form of pellets, of a kind used in animal feeding, not elsewhere specified or included: 

2308 00 40 

–  Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes 

2309 

Preparations of a kind used in animal feeding: 

ex  2309 10 

–  Dog or cat food, put up for retail sale: 

– – 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 

143 

   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 00, 1702 19 00 and 2106 90 51. 

The rice sector 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 

144 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The sugar sector 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 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

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 

The dried fodder sector shall cover the products listed in the following table: 

CN code 

Description 

(a) 

ex 

1214 10 00 

–  Meal and pellets of lucerne artificially heat-dried 

–  Meal and pellets of lucerne otherwise dried and ground 

ex 

1214 90 90 

–  Lucerne,  sainfoin,  clover,  lupins,  vetches  and  similar  fodder  products,  artificially  heat-dried, 

except hay and fodder kale and products containing hay 

–  Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise 

dried and ground 

(b) 

ex 

2309 90 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 

145 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part V: Seeds 

The seeds sector shall cover the products listed in the following table 

CN code 

Description 

0712 90 11 

Sweetcorn hybrids: 

–  for sowing 

0713 10 10 

Peas (Pisum sativum): 

–  for sowing 

ex  0713 20 00 

Chickpeas (garbanzos): 

–  for sowing 

ex  0713 31 00 

Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek: 

–  for sowing 

ex  0713 32 00 

Small red (Adzuki) beans (Phaseolus or Vigna angularis): 

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 

146 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Part VI: Hops 

The hops sector shall cover the products listed in the following table 

CN code 

Description 

1210 

1302 13 00 

Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin 

Vegetable saps and extracts of hops 

Part VII: Olive oil and table olives 

The olive oil and table olives sector shall cover the products listed in the following table: 

(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 00 

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  

The flax and hemp sector 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 

147 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part IX: Fruit and vegetables 

The fruit and vegetables sector shall cover the products listed in the following table: 

CN code 

Description 

0702 00 00 

Tomatoes, fresh or chilled 

0703 

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 

The processed fruit and vegetable sector 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  0712  90  11  and  0712  90  19  and  olives  falling 
within subheading ex 0712 90 90 

0804 20 90 

Dried figs 

EN 

148 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 

149 

   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  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 00, sweetcorn (Zea mays var. saccharata) 
of  subheading  2005  80  00  and  fruit  of  the  genus  Capsicum,  other  than  sweet  peppers  or  pimentos  of 
subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 
2005 20 10 

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 

150 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XI: Bananas 

The bananas sctor shall cover the products listed in the following table: 

CN codes 

Description 

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 

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 

The wine sector shall cover the products listed in the following table: 

Part XII: Wine 

(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 

151 

   EN 

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

The live plants sector shall cover all the products falling within Chapter 6 of the Combined 
Nomenclature. 

Part XIV: Tobacco 

The tobacco sector shall cover raw or non-manufactured tobacco and tobacco refuse falling 
within CN code 2401. 

Part XV: Beef and veal 

The beef and veal sector shall cover the products listed in the following table: 

(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 

152 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XVI: Milk and milk products 

The milk and milk products sector 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 

The pigmeat sector 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 

153 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Part XVIII: Sheepmeat and goatmeat 

The sheepmeat and goatmeat sector shall cover the products listed in the following table: 

CN code 

Description 

(a) 

0104 10 30 

Lambs (up to one year old) 

0104 10 80 

Live sheep other than pure-bred breeding animals and lambs 

0104 20 90 

Live goats other than pure-bred breeding animals 

0204 

Meat of sheep or goats, fresh, chilled or frozen 

0210 99 21 

Meat of sheep and goats, with bone in, salted, in brine, dried or smoked 

0210 99 29 

Meat of sheep and goats, boneless, salted, in brine, dried or smoked 

(b) 

0104 10 10 

Live sheep — pure-bred breeding animals 

0104 20 10 

Live goats — pure-bred breeding animals 

0206 80 99 

Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of 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) 

The eggs sector shall cover the products listed in the following table: 

Part XIX: Eggs 

(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 

154 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The poultrymeat sector 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 

Part XXI: Ethyl alcohol of agricultural origin 

1. 

The ethyl alcohol sector 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. 

The  ethyl  alcohol  sector  shall  also  cover  products  based  on  ethyl  alcohol  of 
agricultural  origin  falling  within  CN  code  2208  put  up  in  containers  of  more  than 
two  litres  and  presenting  all  the  characteristics  of  ethyl  alcohol  as  described  in 
point 1. 

EN 

155 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
Part XXII: Apiculture products 

The apiculture sector shall cover the products listed in the following table: 

CN code 

  0409 00 00 
ex 0410 00 00 
ex 0511 99 85 
ex 1212 99 70 
ex 1521 90 

Description 

Natural honey 
Royal jelly and propolis, edible 
Royal jelly and propolis, non-edible 
Pollen 
Beeswax 

Part XXIII: Silkworms 

The  silkworm  sector  shall  cover  silkworms  falling  within  CN code ex  0106  90  00 and 
silkworm eggs falling within CN code ex 0511 99 85. 

EN 

156 

   EN 

 
 
Part XXIV: Other products 

As regards other products, this shall mean all products referred to in Article 1(1), other than 
those listed in Parts I to XXIII, including those listed in the following Sections 1 and 2. 

Section 1 

CN code 

ex  0101 

Live horses, asses, mules and hinnies: 

Description 

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 

157 

   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 

158 

   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 

159 

   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 

160 

   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 

ex  1211 

ex  1212 

ex  1212 99 

1212 99 41 and 
1212 99 49 

ex  1212 99 70 

1213 00 00 

ex  1214 

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: 

–  –  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 

ex  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, excluding fish liver oils and the fractions of Headings 1504 10 and 1504 20 

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 

161 

   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 

ex  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 

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: 

–  –  Other, including premixes: 

–  – Fish or marine mammal solubles 

–  –  –  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 Regulation (EC) No 504/2008 (OJ L 149, 7.6.2008, p.3)). 

(b)  Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Union  provisions  (see  Council  Directive  88/661/EEC  (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)). 

(d)  Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the Combined 

Nomenclature. 

Section 2 

CN code 

0101 90 11 

ex 0205 00 

0210 99 10 

0511 99 10 

0701 

0901 

1105 

Description 

Live horses, for slaughter (a) 

Meat of horses, fresh, chilled or frozen 

Horsemeat, salted in brine or dried 

Sinews or tendons; parings and similar wastes of raw hides or skins 

Potatoes, fresh or chilled 

Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes 
containing coffee in any proportion 

Flour, meal, powder, flakes, granules and pellets of potatoes 

ex 1212 99 70 

Chicory roots 

2209 00 91 and 2209 00 99 

Vinegar and substitutes for vinegar obtained from acetic acid other than wine vinegar 

4501 

Natural cork, raw or simply prepared; waste cork; crushed, granulated or ground cork 

(a)  Entry  under  this  subheading  is  subject  to  conditions  laid  down  in  the  relevant  Union  provisions  (see  Articles 291  to  300  of  Commission 

Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1)). 

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EN 

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ANNEX II 

DEFINITIONS REFERRED TO IN ARTICLE 3(1) 

Part I: Definitions concerning the rice sector 

I. 
The terms ‘paddy rice’, ‘husked rice’, ‘semi-milled rice’, ‘wholly milled rice’, ‘round 
grain rice’, ‘medium grain rice’, ‘long grain rice A or B’ and ‘broken rice’ shall be defined as 
follows: 

1. 

(a) 

‘Paddy rice’ means rice which has retained its husk after threshing. 

(b) 

(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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Part II: 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 III: 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 

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 63(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; 

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(ii)  or  of  an  unrectified  product  derived  from  the  distillation  of  wine  and 
having an actual alcoholic strength of not less than 52 % volume and not 
more than 80 % volume. 

6. 

“Grape juice” means the unfermented but fermentable liquid product which: 

(a) 

is obtained by appropriate treatment rendering it fit for consumption as it is; 

(b) 

is obtained from fresh grapes or from grape must or by reconstitution. Where 
obtained  by  reconstitution,  it  shall  be  reconstituted  from  concentrated  grape 
must or concentrated grape juice. 

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

7. 

“Concentrated  grape  juice”  means  uncaramelised  grape  juice  obtained  by  partial 
dehydration of grape juice carried out by any authorised method other than by direct 
heat  in  such  a  way  that  the  figure  indicated  by  a  refractometer  used  in  accordance 
with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %. 

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

8. 

“Wine lees” means the residue: 

(a) 

accumulating in vessels containing wine after fermentation, during storage or 
after authorised treatment; 

(b)  obtained from filtering or centrifuging the product referred to in (a); 

(c) 

accumulating  in  vessels  containing  grape  must  during  storage  or  after 
authorised treatment; or 

(d)  obtained from filtering or centrifuging the product referred to in (c). 

9. 

“Grape marc” means the residue  from the pressing of fresh grapes,  whether or  not 
fermented. 

10. 

“Piquette” means a product obtained by: 

(a) 

the fermentation of untreated grape marc macerated in water; or 

(b) 

leaching fermented grape marc with water. 

11. 

“Wine fortified for distillation” means a product which: 

(a) 

(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 

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(c) 

has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid. 

12. 

“Cuvée” means: 

(a) 

the grape must; 

(b) 

the wine; or 

(c) 

the mixture of grape musts and/or wines with different characteristics, 

intended for the preparation of a specific type of sparkling wine. 

Alcoholic strength 

13. 

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 IV: 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 aged 8 months or more. 

Part V: 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. 

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1. 

2. 

3. 

4. 

1. 

2. 

3. 

4. 

Part VI: Definitions concerning the eggs sector 

‘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; 

‘separated products’ means birds' egg yolks, whether or not containing added sugar 
or other sweetening matter suitable for human consumption. 

Part VII: 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  of  the  species  gallus  domesticus,  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 VIII: Definitions concerning the apiculture sector 

1. 

‘Honey’  means  the  natural  sweet  substance  produced  by  Apis  mellifera  bees  from 
the nectar of plants or from secretions of living parts of plants or excretions of plant-
sucking  insects  on  the  living  parts  of  plants,  which  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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2. 

‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. 

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STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7 

ANNEX III 

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 %; 

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(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. 

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ANNEX IV 

BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 41(1) 

in 1 000 EUR per budget year 

BG 

CZ 

DE 

EL 

ES 

FR 

IT 

CY 

LT 

LU 

HU 

MT 

AT 

PT 

RO 

SI 

SK 

UK 

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 

EN 

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INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 56(3) 

ANNEX V 

- Codex Alimentarius 

- United Nations Economic Commission for Europe 

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ANNEX VI 

DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS 
REFERRED TO IN ARTICLE 60 

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 less than 12 months  

I. 

DEFINITION 

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

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

(A) 

Category V: bovine animals aged less than 8 months 

Category identification letter: V; 

(B) 

Category Z: bovine animals aged from 8 months to less than 12 months 

II. 

1. 

Category identification letter: Z. 

SALES DESCRIPTIONS 

The meat of bovine animals aged less than 12 months shall only be marketed in the 
Member States under the following sales description(s) laid down for each Member 
State: 

(A)  For  the  meat  of  bovine  animals  aged  less  than  8  months  (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 

178 

   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  from  8  months  to  less  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 

179 

   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 

180 

   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 VII, 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 VII, 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 59(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  59(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 60(2), Member States may allow the use of 
the term “wine” if:  

EN 

181 

   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 59(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 59(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 59(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 

182 

   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 59(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 

183 

   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 59(1).  

EN 

184 

   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 59(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 

185 

   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  59(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 62(3) and Article 68(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  62(3) 
and Article 68(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 

186 

   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 

187 

   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 

188 

   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 

189 

   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) 

EN 

190 

   EN 

 
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) 

(b) 

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; 

enrichment of milk with milk proteins, mineral salts or vitamins, in 
accordance  with  Regulation  (EC)  No  1925/2006  of  the  European 
Parliament  and  of  the  Council  of  20  December  2006  on  the 
addition of vitamins and minerals and of certain other substances to 
foods49; 

(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/EEC50.  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 
50 

OJ L 404, 30.12.2006, p. 26. 
OJ L 276, 6.10.1990, p. 40. 

EN 

191 

   EN 

 
 
 
 
                                                 
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/EEC51. 

“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.  

51 

OJ L 40, 11. 2. 1999, p. 34. 

EN 

192 

   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 

193 

   EN 

 
 
Part VI.Spreadable fats 

The  products  referred  to  in  Article  60  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 

194 

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 

195 

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 40’ in Danish. 

(*****) 

corresponding to ‘blandingsprodukt 60’ in Danish. 

(******) 

corresponding to ‘blandingsprodukt 40’ in Danish. 

Note:  The milk-fat component of the products listed in this Part may be modified only by physical processes. 

EN 

196 

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 

197 

   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 VI (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 

198 

   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 

199 

   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 

200 

   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 

201 

   EN 

 
 
(b) 

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

(c) 

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

(d) 

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

(e) 

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

(f) 

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

(g) 

in Malta, areas planted with vines. 

(7) 

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

EN 

202 

   EN 

 
ANNEX VII 

OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 62 

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,  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 63. 

2. 

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

(a) 

3 % volume in wine-growing zone A ; 

(b)  2 % volume in wine-growing zone B ; 

(c) 

1,5 % volume in wine-growing zones C . 

3. 

In years when climatic conditions have been exceptionally unfavourable, Member States 
may request that the limit(s) laid down in point 2 be raised by 0,5 %. In response to such 
a request, the Commission under the powers as referred to in Article 68 shall adopt the 
implementing  act  as  soon  as  possible.  The  Commission  shall  endeavour  to  take  a 
decision within four weeks after the request has been submitted. 

B. 

Enrichment processes 

1. 

The  increase  in  natural  alcoholic  strength  by  volume  provided  for  in  Section  A  shall 
only be effected: 

(a) 

in  respect  of  fresh  grapes,  grape  must  in  fermentation  or  new  wine  still  in 
fermentation, by adding sucrose, concentrated grape must or rectified concentrated 
grape must; 

(b) 

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

(c) 

in respect of wine, by partial concentration through cooling. 

2. 

3. 

The  processes  referred  to  in  point  1  shall  be  mutually  exclusive  where  wine  or  grape 
must is enriched with concentrated grape must or rectified concentrated grape must and 
an aid has been paid under Article 103y of Regulation (EC) No 1234/2007. 

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: 

EN 

203 

   EN 

 
 
 
(a)  wine-growing zone A; 

(b)  wine-growing zone B; 

(c)  wine-growing zone C, 

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. 

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. 

6. 

The processes referred to in points 1 and 5 shall not raise the total alcoholic strength by 
volume  of  the  fresh  grapes,  grape  must,  grape  must  in  fermentation,  new  wine  still  in 
fermentation, or wine: 

(a) 

in wine-growing zone A to more than 11,5 % volume; 

(b) 

in wine-growing zone B to more than 12 % volume; 

EN 

204 

   EN 

 
 
 
(c) 

in wine-growing zone C I to more than 12,5 % volume; 

(d) 

in wine-growing zone C II to more than 13 % volume; and  

(e) 

in wine-growing zone C III to more than 13,5 % volume. 

7. 

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

(a) 

(b) 

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

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

C. 

Acidification and de-acidification 

1. 

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

(a) 

de-acidification in wine-growing zones A, B and C I ; 

(b) 

acidification  and  de-acidification  in  wine-growing  zones  C  I,  C  II  and  C  III  (a), 
without prejudice to point 7 of this Section; or 

(c) 

acidification in wine-growing zone C III (b). 

2.  Acidification of the products, other than wine, referred to in point 1 may be carried out 

only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. 

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

tartaric acid, or 33,3 milliequivalents per litre. 

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

tartaric acid, or 13,3 milliequivalents per litre. 

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

6.  Notwithstanding  point  1,  in  years  when  climatic  conditions  have  been  exceptional, 
Member States may authorise acidification of the products referred to in point 1 in wine-
growing  zones  A  and  B,  under  the  conditions  referred  to  in  points  2  and  3  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 59(1), and acidification and 
de-acidification of one and the same product shall be mutually exclusive processes. 

D. 

Processes 

EN 

205 

   EN 

 
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 59(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 wine sector 
beverage  intended  for  direct  human  consumption  other  than  sparkling  wine  or  aerated 
sparkling wine in the wine-growing zone where the fresh grapes used were harvested. 

2. 

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

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

4. 

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  59(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  103,  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: 

(a) 

in wine-growing zone C after 1 January; 

(b) 

in wine-growing zones A and B after 16 March, and  

they  shall  be  carried  out  only  for  products of the  grape harvest immediately preceding 
those dates. 

7.  Notwithstanding point 6, concentration by cooling and acidification and de-acidification 

of wines may be practised throughout the year. 

A. 

General 

Part II 
Restrictions 

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

required on account of a specific technical necessity. 

EN 

206 

   EN 

 
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. 

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

C. 

Blending of wines 

Coupage  of  a  wine  originating  in  a  third  country  with  a  Union  wine  and  coupage  between 
wines originating in third countries shall be prohibited in the Union. 

D. 

By-products 

1. 

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

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

EN 

207 

   EN 

 
 
2. 

3. 

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 59(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. 

4. 

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

5.  Without prejudice to the possibility for Member States to decide to require disposal of 
by-products by way of distillation, any natural or legal persons or groups of persons who 
hold  by-products  shall  be  required  to  dispose  of  them  subject  to  conditions  to  be 
determined by the Commission by means of delegated acts pursuant to Article 59(1). 

EN 

208 

   EN 

 
ANNEX VIII 

CORRELATION TABLES REFERRED TO IN ARTICLE 163 

Regulation (EU) No [COM(2010)799] 

This Regulation 

1 

2(1) 

2(2)(a) and (b) 

2(2)(c) 

3 

4 

5 

6(1) 

6(2) 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

1 

3(1) 

- 

14(1) 

6 

3(3) 

5 

- 

9, 10(d), (e) 

9 

7 

- 

10 

11 

12 

13 

14(2), (3) 

15 

- 

- 

- 

- 

EN 

209 

   EN 

 
 
 
20 

21 

22 

23 

24 

25 

26 

27 

28 

29 

30 

31 

32 

33 

34 

35 

36 

37 

38 

39 

40 

41 

42 

43(1), (3)-(7) 

43(2) 

[16(1)(c), (d)] 

- 

16 

- 

[17] 

[17] 

[17] 

[17] 

[18(5)] 

[18(7)(a), 19(k)(ii)] 

[18(5)] 

18 

19 

20 

[18(8), (9)] 

[18(8), (9)] 

19 

155(1)(a), (2), (3), (4) 

155(1)(b), (2), (3) 

155(5) 

154 

154 

- 

- 

101(1) 

EN 

210 

   EN 

 
44 

45 

46(a), (c) 

46(b) 

47 

48 

49 

50 

51 

52 

53 

54 

55 

56 

57 

58 

59 

60 

61 

62 

63 

64 

65 

66 

67 

- 

- 

- 

101(2) 

112 

115 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

EN 

211 

   EN 

 
68 

69 

70 

71 

72 

73 

74 

75 

76 

77 

78 

79 

80 

81 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

- 

EN 

212 

   EN 

 
93 

94 

95 

96 

97 

98(1) 

98(2), (3) 

99 

100 

101 

102 

103 

104 

105 

106 

107 

108 

109 

110 

111 

112 

113 

114 

115 

116 

- 

- 

- 

- 

- 

113 

157 

- 

- 

- 

- 

- 

- 

- 

- 

- 

24 and 152 

25 

26 

- 

- 

- 

27 

28 

29 

EN 

213 

   EN 

 
117 

118 

119 

120 

121 

122 

123 

124 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 

135 

136(1)-(3) 

136(4) 

137 

138 

139 

140 

- 

- 

- 

30 

31 

32 

33 

34, [31(b)] 

35(a), [136(2)] 

35 

36 

21 and 152 

22 

23 

37 

38 

39, [50(a)], [51(a)] 

[50(a)] 

40 

41 

147 

42 

43 

44 

45 

EN 

214 

   EN 

 
141 

142 

143 

144 

145 

146 

147 

148(1) 

148(2) 

149 

150 

151(1) 

151(2) 

152 

153 

154 

155 

156 

157 

158 

159 

160 

161 

162 

163 

46 

47 

48 

49 

- 

50 

51 

52(1) 

150 

[53(a)] 

52(3) 

52(2) 

- 

[53(b)] 

53(a), (c) 

54 

- 

- 

- 

55 

56 

57 

58 

59 

60 

EN 

215 

   EN 

 
164 

165 

166 

167 

168 

169 

170 

171 

172 

173 

174 

175 

176 

177 

178 

179 

180 

181 

182 

183 

184 

185 

186 

187 

188 

61 

62 

63 

64 

65 

66 

67 

- 

68 

69 

70 

71, [86(4)] 

71(3), [86(4)] 

72, [86(4)] 

73, [86(4)] 

74, [86(4)] 

75 

76 

77 

78 

79 

80 

81 

- 

- 

EN 

216 

   EN 

 
189 

190 

191 

192 

193 

194 

195 

196 

197 

198 

199 

200 

201 

202 

203 

204 

205 

206 

207 

208 

209 

210 

211(1) 

211(2) 

212 

82 

83 

84 

85 

86 

87 

88 

89 

90 

91 

92 

93 

94 

95 

96 

97 

98 

- 

99 

100 

106 

108 

- 

[164] 

109 

EN 

217 

   EN 

 
213 

214 

215 

216 

217 

218 

219 

220 

221 

222 

223 

224 

225 

226 

227(1) and (3) 

227(2) 

228 

229 

230 

231 

232 

233 

234 

235 

236 

[114] 

[114] 

107, [114] 

[114] 

- 

110, [116] 

[157] 

[116] 

111 

110 

[114, 116] 

110 

[114, 116, 157] 

111 

[114, 116] 

[164] 

111, [116] 

105 

114, 115 

- 

- 

117(1), [118(1)(a)] 

117(2) 

117(3) 

[118(2)(e)] 

EN 

218 

   EN 

 
237(1) 

237(2) 

238 

239 

240 

241 

242 

243 

244 

245 

246 

247 

248 

249 

250 

251 

252 

253 

254 

255 

256 

257 

258 

259 

260 

122 

130 

118 

119 

- 

[121] 

[121] 

[121] 

[121] 

[121] 

122 

123 

- 

121 

121 

125 

[126(1)] 

126(1) 

127 

128 

[121] 

[121] 

[121] 

[121] 

- 

EN 

219 

   EN 

 
261 

262 

263 

264 

265 

266 

267 

268 

269 

270 

271 

272 

273 

274 

275 

276 

277 

278 

279 

280 

281 

282 

283 

284 

285 

- 

- 

129 

- 

131 

132 

117 

118 

119 

120 

133 

134 

135 

136 

137 

138 

139 

140 

125 

[126(2)] 

- 

142 

143 

144 

145 

EN 

220 

   EN 

 
286 

287 

288 

289 

290 

291(1) 

291(2) 

292 

293, 1st, 2nd paragraph 

293, 3rd paragraph 

293, 4th paragraph 

294 

295 

296 

297 

298 

299 

300 

301 

302 

303 

304 

305 

306 

307 

145 

145 

110 

114, 115 

146 

146 

- 

148 

- 

149 

[157] 

- 

- 

- 

151 

154 

154 

154 

154(3) and 157 

158 

- 

102 

[157] 

103 

- 

EN 

221 

   EN 

 
308 

309 

310 

311 

312 

313 

314 

315 

316 

317 

318 

319 

320 

321 

322 

323 

324 

325 

326 

327 

328 

329 

[157] 

- 

[157] 

104 

[157] 

2 

- 

156 

157 

- 

- 

- 

160 

160 

161 

162 

- 

163 

- 

164 

164 

165 

Annex I 

Annex II 

Annex III 

EN 

Annex I (I-XX, XXIV/1) 

Annex I (XXI-XXIII) 

II 

222 

   EN 

 
Annex IV 

Annex V 

Annex VI 

Annex VII 

Annex VIII 

Annex IX 

Annex X 

Annex XI 

Annex XII 

Annex XIII 

Annex XIV 

Annex XV 

Annex XVI 

Annex XVII 

Annex XVIII 

Annex XIX 

Annex XX 

III 

[18(8)] 

- 

- 

- 

- 

Annex IV 

Annex V 

Annex VI 

Annex VII 

[114(1)(f)]  

[121] 

[121] 

- 

- 

- 

Annex VIII 

Regulation (EU) No [COM(2010)799] 

Regulation (EU) No […] on the financing, 
management and monitoring of the common 
agricultural policy 

96(3) 

145 

171 

185(4) 

187 

188 

89(4) 

91-101 

89(3)  

90(1) 

90(2) and (4) 

90(3) and (4) 

EN 

223 

   EN 

 
 
206 

236 

307 

317 

318 

319 

89(1) 

67 

65(2)(c) and 104(b) 

62 

64, 66 

63 

EN 

224 

   EN 

 
 
LEGISLATIVE FINANCIAL STATEMEN 

1. 

FRAMEWORK OF THE PROPOSAL/INITIATIVE  

1.1. 

Title of the proposal/initiative  

- 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  establishing 
rules  for  direct  payments  to  farmers  under  support  schemes  within  the  framework  of  the 
common agricultural policy; 

Proposal for a Regulation of the European Parliament and of the Council establishing a 

- 
common organisation of the markets in agricultural products (Single CMO Regulation); 

Proposal for a Regulation of the European Parliament and of the Council on support for 

- 
rural development by the European Agricultural Fund for Rural Development (EAFRD); 

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  the 

- 
financing, management and monitoring of the common agricultural policy;  

Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending 
- 
Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers 
in respect of the year 2013; 

Proposal  for  a  Council  Regulation  determining  measures  on  fixing  certain  aids  and 

- 
refunds related to the common organisation of the markets in agricultural products; 

- 
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  amending 
Council Regulation (EC) No 1234/2007 as regards the regime of the single payment scheme 
and support to vine-growers. 

1.2. 

Policy area(s) concerned in the ABM/ABB structure52  

Policy Area Title 05 of Heading 2 

1.3. 

Nature of the proposal/initiative (Legislative framework for the CAP post 2013) 

x The proposal/initiative relates to a new action  

(cid:133) The proposal/initiative relates to a new action following a pilot project/preparatory action53  

x The proposal/initiative relates to the extension of an existing action  

x The proposal/initiative relates to an action redirected towards a new action  

52 
53 

ABM: Activity-Based Management – ABB: Activity-Based Budgeting. 
As referred to in Article 49(6)(a) or (b) of the Financial Regulation. 

EN 

225 

   EN 

 
                                                 
1.4. 

Objectives 

1.4.1.  The Commission's multiannual strategic objective(s) targeted by the proposal/initiative  

In order to promote resource efficiency with a view to smart, sustainable and inclusive growth 
for EU agriculture and rural development in line with the Europe 2020 Strategy, the objectives 
of the CAP are: 

- Viable food production; 

- Sustainable management of natural resources and climate action; 

- Balanced territorial development. 

1.4.2. 

Specific objective(s) and ABM/ABB activity(ies) concerned 

Specific objectives for Policy area 05: 

Specific objective No 1:  

To provide environmental public goods 

Specific objective No 2:  

To compensate for production difficulties in areas with specific natural constraints 

Specific objective No 3:  

To pursue climate change mitigation and adaptation actions 

Specific objective No 4:  

To manage the EU budget (CAP) in accordance with high standards of financial management 

Specific objective for ABB 05 02 - Interventions in agricultural markets:  

Specific objective No 5:  

To improve the competitiveness of the agricultural sector and enhance its value share in the 
food chain 

Specific objective for ABB 05 03 - Direct aids: 

Specific objective No 6: 

To contribute to farm incomes and limit farm income variability 

Specific objectives for ABB 05 04 – Rural development: 

Specific objective No 7  

EN 

226 

   EN 

 
To foster green growth through innovation 

Specific objective No 8:  

To support rural employment and maintain the social fabric of rural areas 

Specific objective No 9  

To improve the rural economy and promote diversification 

Specific objective No 10  

To allow for structural diversity in farming systems 

1.4.3.  Expected result(s) and impact 

It  is  not  possible  to  set  quantitative  targets  for  impact  indicators  at  this  stage.  Although  the 
policy can steer in a certain direction, the broad economic, environmental and social outcomes 
measured  by  such  indicators  would  ultimately  also  depend  on  the  impact  from  a  range  of 
external factors, which recent experience indicates have become significant and unpredictable. 
Further analysis is on-going, to be ready for the period post-2013. 

As regards the direct payments, Member States will have the possibility to decide, to a limited 
degree, on the implementation of certain components of the direct payment schemes. 

For rural development, the expected results and impact will depend on the rural development 
programmes that Member States will submit to the Commission. Member States will be asked 
to set targets in their programmes.  

1.4.4. 

Indicators of results and impact  

The  proposals  provide  for  the  establishment  of  a  common  monitoring  and  evaluation 
framework  with  a  view  to  measuring  the  performance  of  the  Common  Agricultural  Policy. 
That framework shall include all instruments related to the monitoring and evaluation of CAP 
measures  and  in  particular  of  the  direct  payments,  market  measures,  rural  development 
measures and of the application of cross compliance. 

The impact of these CAP measures shall be measured in relation to the following objectives: 

viable  food  production,  with  a  focus  on  agricultural  income,  agricultural  productivity 

(a) 
and price stability; 

sustainable  management  of  natural  resources  and  climate  action,  with  a  focus  on 

(b) 
greenhouse gas emissions, biodiversity, soil and water; 

balanced territorial development, with a focus on rural employment, growth and poverty 

(c) 
in rural areas. 

By means of implementing acts, the Commission shall define the set of indicators specific to 
these objectives and areas. 

EN 

227 

   EN 

 
Moreover,  as  regards  rural  development,  a  reinforced  common  monitoring  and  evaluation 
system  is  proposed.  That  system  aims  (a)  to  demonstrate  the  progress  and  achievements  of 
rural  development  policy  and  assess  the  impact,  effectiveness,  efficiency  and  relevance  of 
rural development policy interventions, (b) to  contribute  to  better  targeted  support  for  rural 
development,  and  (c)  to  support  a  common  learning  process  related  to  monitoring  and 
evaluation. The Commission will establish, by means of implementing act, a list of common 
indicators linked to the policy priorities. 

1.5. 

Grounds for the proposal/initiative  

1.5.1.  Requirement(s) to be met in the short or long term  

In order to meet the multi-annual strategic objectives of the CAP which are a direct translation 
of the Europe 2020 strategy for European rural areas and to fulfil the relevant requirements of 
the  Treaty,  the  proposals  aim  to  lay  down  the  legislative  framework  for  the  Common 
Agricultural Policy for the period after 2013. 

1.5.2.  Added value of EU involvement 

The future CAP will not only be a policy that caters for a small, albeit essential, part of the EU 
economy,  but  also  a  policy  of  strategic  importance  for  food  security,  the  environment  and 
territorial balance. Thus, the CAP, as a truly common policy, makes the most efficient use of 
limited  budgetary  resources  in  maintaining  a  sustainable  agriculture  throughout  the  EU, 
addressing  important  cross-border  issues  such  as  climate  change  and  reinforcing  solidarity 
among Member States. 

As mentioned in the Commission communication "A Budget for Europe 2020"54, the CAP is a 
genuinely European policy. Instead of operating 27 separate agricultural policies and budgets, 
Member  States  pool  resources  to  operate  a  single  European  policy  with  a  single  European 
budget.  This  naturally  means  that  the  CAP  accounts  for  a  significant  proportion  of  the  EU 
budget. However, this approach is both more efficient and economical than an uncoordinated 
national approach. 

1.5.3.  Lessons learned from similar experiences in the past 

On the basis of the evaluation of the current policy framework, an extensive consultation with 
stakeholders  as  well  as  an  analysis  of  future  challenges  and  needs,  a  comprehensive  impact 
assessment has been carried out. More details can be found in the impact assessment and the 
explanatory memorandum that are accompanying the legal proposals. 

1.5.4.  Coherence and possible synergy with other relevant instruments 

The legislative proposals concerned by this financial statement should be seen in the broader 
context of the proposal for a single framework regulation with common rules for the common 
strategic  framework  funds  (EAFRD,  ERDF,  ESF,  Cohesion  Fund  and  EMFF).  That 
framework regulation will make an important contribution to reducing administrative burden, 

54 

COM(2011)500 final of 29 June 2011. 

EN 

228 

   EN 

 
                                                 
to  spending  EU  funds  in  an  effective  way,  and  to  put  simplification  into  practice.  This  also 
underpins  the  new  concepts  of  the  common  strategic  framework  for  all  these  funds  and  the 
upcoming Partnership Contracts which will also cover these funds. 

The common strategic framework, which will be established, will translate the objectives and 
priorities of the Europe 2020 Strategy into priorities for the EAFRD together with the ERDF, 
ESF, Cohesion Fund and EMFF, which will ensure an integrated use of the funds to deliver 
common objectives.  

The  common  strategic  framework  will  also  set  out  coordination  mechanisms  with  other 
relevant Union policies and instruments. 

Moreover, as regards the CAP, significant synergies and simplification effects will be obtained 
by  harmonising  and  aligning  the  management  and  control  rules  for  the  first  (EAGF)  and 
second  (EAFRD)  pillar  of  the  CAP.  The  strong  link  between  the  EAGF  and  the  EAFRD 
should be maintained and the structures already in place in the Member States be sustained. 

1.6. 

Duration and financial impact  

x  Proposal/initiative  of  limited  duration  (for  the  draft  regulations  on  direct  payment 
schemes, rural development and transitional regulations) 

–  x  Proposal/initiative in effect from 01/01/2014 to 31/12/2020  

–  x  Financial impact for the period of the next multi-annual financial framework. For rural 

development, impact on payments to 2023. 

x  Proposal/initiative  of  unlimited  duration  (for  the  draft  regulation  on  the  single  CMO 
and the horizontal regulation) 

–  Implementation from 2014. 

1.7.  Management mode(s) envisaged55  

x Centralised direct management by the Commission  

(cid:133) Centralised indirect management with the delegation of implementation tasks to: 

–  (cid:133)  executive agencies  

–  (cid:133)  bodies set up by the Communities56  

–  (cid:133)  national public-sector bodies/bodies with public-service mission  

55 

56 

Details  of  management  modes  and  references  to  the  Financial  Regulation  may  be  found  on  the  BudgWeb  site: 
http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html 
As referred to in Article 185 of the Financial Regulation. 

EN 

229 

   EN 

 
                                                 
–  (cid:133)  persons entrusted with the implementation of specific actions pursuant to Title V of the 
Treaty  on  European  Union  and  identified  in  the  relevant  basic  act  within  the  meaning  of 
Article 49 of the Financial Regulation  

x Shared management with the Member States  

(cid:133) Decentralised management with third countries  

(cid:133) Joint management with international organisations (to be specified) 

Comments  

No substantive change compared to the present situation, i.e. the bulk of expenditure concerned by the 
legislative  proposals  on  the  CAP  reform  will  be  managed  by  shared  management  with  the  Member 
States.  However,  a  very  minor  part  will  continue  to  fall  under  centralised  direct  management  by  the 
Commission. 

EN 

230 

   EN 

 
2. 

MANAGEMENT MEASURES  

2.1.  Monitoring and reporting rules  

In terms of monitoring and evaluation of the CAP, the Commission will present a report to the 
European Parliament and the Council every 4 years, with the first report to be presented not 
later than end 2017. 

This  is  complemented  by  specific  provisions  in  all  areas  of  the  CAP,  with  various 
comprehensive  reporting  and  notifications  requirements  to  be  specified  in  the  implementing 
rules.  

As  regards  rural  development,  rules  are  also  provided  for  monitoring  at  programme  level, 
which will be aligned with the other funds, and which will be coupled with ex ante, on-going 
and ex post evaluations. 

2.2.  Management and control system  

2.2.1.  Risk(s) identified  

There are more than seven million beneficiaries of the CAP, receiving support under a large 
variety  of  different  aid  schemes,  each  of  which  having  detailed  and  sometimes  complex 
eligibility criteria. 

The reduction in the error rate in the domain of the common agricultural policy can already be 
considered  as  a  trend.  Thus,  most  recently  an  error  rate  close  to  2%  confirms  the  overall 
positive  assessment  of  previous  years.  It  is  the  intention  to  continue  the  efforts  in  order  to 
achieve an error rate below 2%. 

2.2.2.  Control method(s) envisaged  

The  legislative  package,  in  particular  the  proposal  for  the  regulation  on  the  financing, 
management  and  monitoring  of  the  common  agricultural  policy,  envisages  maintaining  and 
reinforcing the current system established by Regulation (EC) No 1290/2005. It provides for a 
compulsory administrative structure at Member State level, centred around accredited paying 
agencies,  which  are  responsible  for  carrying  out  controls  at  final  beneficiary  level  in 
accordance  with  the  principles  set  out  under  point  2.3.  Every  year,  the  head  of  each  paying 
agency  is  required  to  provide  a  statement  of  assurance  which  covers  the  completeness, 
accuracy and veracity of the accounts, the proper functioning of the internal control systems 
and  the  legality  and  regularity  of  the  underlying  transactions.  An  independent  audit  body  is 
required to provide an opinion on all these three elements. 

The Commission will continue to audit agricultural expenditure, using a risk-based approach 
in order to ensure that its audits are targeted to the areas of highest risk. Where these audits 
reveal that expenditure has been incurred in breach of Union rules, it will exclude the amounts 
concerned from Union financing under the conformity clearance system. 

EN 

231 

   EN 

 
As  regards  the  cost  of  controls,  a  detailed  analysis  is  provided  in  annex  8  to  the  impact 
assessment accompanying the legislative proposals. 

2.3.  Measures to prevent fraud and irregularities  

The  legislative  package,  in  particular  the  proposal  for  the  regulation  on  the  financing, 
management  and  monitoring  of  the  common  agricultural  policy,  envisages  maintaining  and 
reinforcing the current detailed systems for controls and penalties to be applied by the paying 
agencies, with common basis features and special rules tailored to the specificities of each aid 
regime. The systems generally provide for exhaustive administrative controls of 100% of the 
aid  applications,  cross-checks  with  other  databases  where  this  is  considered  appropriate  as 
well as pre-payment on-the-spot checks of a minimum number of transactions, depending on 
the  risk  associated  with  the  regime  in  question.  If  these  on-the-spot  checks  reveal  a  high 
number of irregularities, additional checks must be carried out. In this context, the by far most 
important  system  is  the  Integrated  Administration  and  Control  System  (IACS),  which  in 
financial  year  2010  covered  around  80%  of  total  expenditure  under  the  EAGF  and  the 
EAFRD. For Member States with properly functioning control systems and low error rates, the 
Commission will be empowered to allow for a reduction of the number of on-the-spot checks. 

The  package  further  envisages  that  Member  States  shall  prevent,  detect  and  correct 
irregularities and fraud, impose effective, dissuasive and proportionate penalties as laid down 
in  Union  legislation  or  national  law,  and  recover  any  irregular  payments  plus  interests.  It 
includes  an  automatic  clearance  mechanism  for  irregularity  cases,  which  provides  that  if 
recovery has not taken place within four years of the date of the recovery request, or within 
eight years in the case of legal proceedings, the amounts not recovered shall be borne by the 
Member  State  concerned.  This  mechanism  will  be  a  strong  incentive  for  Member  States  to 
recover irregular payments as quickly as possible.  

EN 

232 

   EN 

 
3. 

ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE  

The  amounts  indicated  in  this  financial  statement  are  expressed  in  current  prices  and  in 
commitments. 

In  addition  to  the  changes  resulting  from  the  legislative  proposals  as  listed  in  the 
accompanying  tables  below,  the  legislative  proposals  imply  further  changes  which  have  no 
financial impact. 

For any of the years in the period 2014-2020, the application of financial discipline cannot be 
excluded at this stage. However, this will not depend on the reform proposals as such, but on 
other  factors,  such  as  the  execution  of  direct  aids  or  future  developments  in  the  agricultural 
markets. 

As concerns direct aids, the extended  net ceilings for 2014 (calendar year 2013)  included in 
the proposal regarding transition are higher than the amounts allocated to direct aids indicated 
in the accompanying tables. The purpose of this extension is to ensure a continuation of the 
existing  legislation  in  a  scenario  in  which  all  the  other  elements  would  remain  unchanged, 
without prejudice to the possible need for applying the financial discipline mechanism.  

The  reform  proposals  contain  provisions  giving  Member  States  a  set  degree  of  flexibility  in 
relation  to  their  allocation  of  direct  aids  respectively  rural  development.  In  case  Member 
States  decide  to  use  that  flexibility,  this  will  have  financial  consequences  within  the  given 
financial amounts, which cannot be quantified at this stage.  

This  financial  statement  does  not  take  into  account  the  possible  use  of  the  crises  reserve.  It 
should  be  underlined  that  the  amounts  taken  into  account  for  market-related  expenditure  are 
based  on  no  public  intervention  buying-in  and  other  measures  related  to  a  crisis  situation  in 
any sectors. 

3.1. 

Heading(s)  of  the  multiannual  financial  framework  and  expenditure  budget  line(s) 
affected  

EN 

233 

   EN 

 
Table 1: Amounts for the CAP including complementary amounts foreseen in the MFF proposals and the CAP reform proposals 

Budget year 

2013 

2013 
adjusted 
(1)

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 
2014-2020 

In million EUR (current prices) 

Inside MFF 

Heading 2 

Direct aids and market-related expenditure (2) (3) (4)
Estimated assigned revenue 
P1 Direct aids and market-related expenditure (with 
assigned revenue) 
P2 Rural development (4)
Total 

Heading 1 

CSF Agricultural research and innovation 
Most deprived persons
Total 

44 939
672
45 611 

14 817
60 428

N.A.
N.A.
N.A.

45 304
672
45 976 

14 451
60 428

N.A.
N.A.
N.A.

44 830
672
45 502 

14 451
59 953

682
379
1 061

45 054
672
45 726 

14 451
60 177

696
387
1 082

45 299
672
45 971 

14 451
60 423

710
394
1 104

45 519
672
46 191 

14 451
60 642

724
402
1 126

45 508
672
46 180 

45 497
672
46 169 

14 451
60 631

14 451
60 620

738
410
1 149

753
418
1 172

45 485 
672 
46 157 

14 451 
60 608 

768 
427 
1 195 

317 193 
4 704 
321 897 

101 157 
423 054 

5 072 
2 818 
7 889 

Heading 3 

Food safety 

Outside MFF 

N.A.

N.A.

350

350

350

350

350

350

350 

2 450 

Reserve for agricultural crises

European Globalisation Fund (EGF) 

N.A.

N.A.

Of which maximum available for agriculture: (5)

N.A.

N.A.

531

379

541

387

552

394

563

402

574

410

586

418

598 

427 

3 945 

2 818 

TOTAL 

TOTAL  Commission  proposals  (MFF  +  outside  MFF)  + 
assigned revenue 

TOTAL  MFF  proposals  (i.e.  excluding  Reserve  and  EGF)  + 
assigned revenue 

60 428 

60 428 

62 274 

62 537 

62 823 

63 084 

63 114 

63 146 

63 177 

440 156 

60 428 

60 428 

61 364 

61 609 

61 877 

62 119 

62 130 

62 141 

62 153 

433 393 

EN 

234 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 

Taking into account legislative changes already agreed, i.e. voluntary modulation for the UK and Article 136 "unspent amounts" will cease to apply by the end of 2013. 

(2) 
(currently under budget item 05 07 01 06) to assigned revenue (under item 67 03). For details, see estimated revenue table on the page below.  

The  amounts  relate  to  the  proposed  annual  ceiling  for  the  first  pillar.  However,  it  should  also  be  noted  that  it  is  proposed  to  move  negative  expenditure  from  accounting  clearance 

(3) 

The 2013 figures include the amounts for veterinary and phytosanitary measures as well as market measures for the fisheries sector. 

(4) 
The amounts in the table above are in line with those in the Commission communication "A Budget for Europe 2020" (COM(2011)500 final of 29 June 2011). However, it remains to be 
decided if the MFF will reflect the transfer that is proposed for the envelope of one Member State of the cotton national restructuring programme to rural development as from 2014, implying an 
adjustment (4 million EUR per year) of the amounts for respectively the EAGF sub-ceiling and for pillar 2. In the tables in the sections below, the amounts have been transferred, irrespective of 
them being reflected in the MFF. 

(5) 
In accordance with the Commission communication "A Budget for Europe 2020" (COM(2011)500 final), a total amount of up to 2.5 billion EUR in 2011 prices will be available under 
the European Globalisation Fund for providing additional support to farmers suffering from effects of globalisation. In the table above, the breakdown by year in current prices is only indicative. 
The proposal for the inter-institutional agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management 
prices. 
(COM(2011)403 

429  million  EUR 

overall  maximum 

the  EGF, 

amount 

annual 

2011) 

2011 

final 

June 

out, 

sets 

for 

29 

an 

of 

of 

in 

EN 

235 

EN 

 
  
 
3.2. 

Estimated impact on expenditure  

3.2.1. 

Summary of estimated impact on expenditure  

Table 2: Estimated revenue as well as expenditure for Policy Area 05 within Heading 2 

In million EUR (current prices) 

Budget year 

2013 

2013 
adjusted 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

REVENUE 

123 – Sugar production charge (own resources) 

123 

123 

123 

123 

67 03 - Assigned revenue 

of which: ex 05 07 01 06 - Accounting clearance 

Total 

EXPENDITURE 

05 02 - Markets (1) 

672 

0 

795 

672 

0 

795 

741 

69 

864 

741 

69 

864 

741 

69 

741 

741 

69 

741 

741 

69 

741 

741 

69 

741 

741 

69 

741 

3 311 

3 311 

2 622 

2 641 

2 670 

2 699 

2 722 

2 710 

2 699 

18 764 

05 03 - Direct aids (before capping) (2)  

42 170 

42 535 

42 876 

43 081 

43 297 

43 488 

43 454 

43 454 

43 454 

303 105 

05 03 – Direct aids (after capping) 

42 170 

42 535 

42 876 

42 917 

43 125 

43 303 

43 269 

43 269 

43 269 

302 027 

05 04 - Rural development (before capping) 

14 817 

14 451 

14 455 

14 455 

14 455 

14 455 

14 455 

14 455 

14 455 

101 185 

05 04 - Rural development (after capping) 

14 817 

14 451 

14 455 

14 619 

14 627 

14 640 

14 641 

14 641 

14 641 

102 263 

05 07 01 06 - Accounting clearance 

-69 

-69 

0 

0 

0 

0 

0 

0 

0 

0 

Total 

60 229 

60 229 

59 953 

60 177 

60 423 

60 642 

60 631 

60 620 

60 608 

423 054 

NET BUDGET after assigned revenue  

59 212 

59 436 

59 682 

59 901 

59 890 

59 879 

59 867 

417 867 

EN 

236 

EN 

TOTAL 
2014-2020 

246 

5 187 

483 

5 433 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 
fodder) as well as some foreseen developments. For all years, the estimates assume that there will be no additional financing need for support measures due to market disturbances or crises. 

For 2013, preliminary estimate based on Draft Budget 2012 taking into account legal adjustments already agreed for 2013 (e.g. wine ceiling, abolition of potato starch premium, dried 

(2) 

The 2013 amount includes an estimate of wine grubbing-up 2012. 

EN 

237 

EN 

 
  
Table 3: Calculation of the financial impact by budget chapter of the CAP reform proposals as regards revenue and CAP expenditure 

Budget year 

2013 

2013 
adjusted 

REVENUE 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

In million EUR (current prices) 

TOTAL 
2014-2020 

123 – Sugar production charge (own resources) 

123 

123 

0 

0 

0 

0 

0 

0 

0 

0 

67 03 - Assigned revenue 

of which: ex 05 07 01 06 - Accounting clearance 

Total 

EXPENDITURE 

05 02 - Markets (1) 

05 03 - Direct aids (before capping) (2) 

05  03  -  Direct  aids  –  Estimated  product  of  capping  to  be 

672 

0 

795 

672 

0 

795 

69 

69 

69 

3 311 

3 311 

42 170 

42 535 

-689 

-460 

05 04 - Rural development (before capping) 

14 817 

14 451 

05 04 - Rural development – Estimated product of capping to be 

05 07 01 06 - Accounting clearance 

-69 

-69 

69 

0 

4 

0 

69 

69 

69 

-670 

-492 

-164 

4 

164 

69 

69 

69 

69 

-641 

-534 

-172 

4 

172 

69 

69 

69 

69 

-612 

-577 

-185 

4 

185 

69 

69 

69 

69 

-589 

-617 

-186 

4 

186 

69 

69 

69 

69 

-601 

-617 

-186 

4 

186 

69 

69 

69 

69 

-612 

-617 

-186 

4 

186 

69 

483 

483 

483 

-4 413 

-3 913 

-1 078 

28 

1 078 

483 

Total 

60 229 

60 229 

-1 076 

-1 089 

-1 102 

-1 115 

-1 133 

-1 144 

-1 156 

-7 815 

NET BUDGET after assigned revenue  

-1 145 

-1 158 

-1 171 

-1 184 

-1 202 

-1 213 

-1 225 

-8 298 

EN 

238 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 
fodder) as well as some foreseen developments. For all years, the estimates assume that there will be no additional financing need for support measures due to market disturbances or crises. 

For 2013, preliminary estimate based on Draft Budget 2012 taking into account legal adjustments already agreed for 2013 (e.g. wine ceiling, abolition of potato starch premium, dried 

(2) 

The 2013 amount includes an estimate of wine grubbing-up 2012. 

EN 

239 

EN 

 
  
Table 4: Calculation of the financial impact of the CAP reform proposals as regards CAP market-related expenditure 

BUDGET YEAR 

Legal base 

Exceptional  measures:  streamlined  and  extended 
scope of legal base 

Art. 154, 155, 156 

Removal  of 
sorghum 

intervention  for  durum  wheat  and 

ex Art.10 

Food programmes for most deprived 

(2) 

Ex-Art. 27 of Reg 
1234/2007 

Private storage (Flax fibre) 

Art. 16 

Aid for cotton - Restructuring 

(3) 

ex  Art.  5  of  Reg. 
637/2008 

Setting-up aid for F&V producer groups 

School fruit scheme 

Abolition hops PO 

ex Art. 117 

Art. 21 

ex Art. 111 

Optional private storage for skimmed-milk powder 

Art. 16 

Abolition  aid  for  use  of  skimmed  milk/SMP  as 
feedingstuff/casein and use of casein 

ex Art. 101, 102 

In million EUR (current prices) 

Changes to 2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

pm 

pm 

pm 

pm 

pm 

pm 

pm 

- 

- 

- 

- 

- 

- 

- 

TOTAL 
2014-2020 

pm 

- 

Estimated 
needs 

2013  
(1) 

pm 

pm 

500.0 

-500.0 

-500.0 

-500.0 

-500.0 

-500.0 

-500.0 

-500.0 

-3 500.0 

N.A. 

10.0 

30.0 

90.0 

2.3 

N.A. 

pm 

pm 

-4.0 

pm 

-4.0 

pm 

-4.0 

pm 

-4.0 

pm 

-4.0 

pm 

-4.0 

pm 

-4.0 

0.0 

0.0 

0.0 

-15.0 

-15.0 

-30.0 

-30.0 

60.0 

60.0 

60.0 

60.0 

60.0 

60.0 

60.0 

-2.3 

pm 

- 

-2.3 

pm 

- 

-2.3 

pm 

- 

-2.3 

pm 

- 

-2.3 

pm 

- 

-2.3 

pm 

- 

-2.3 

pm 

- 

Pm 

-28.0 

-90.0 

420.0 

-15.9 

pm 

- 

Optional private storage for butter 

(4) 

Art. 16 

14.0 

[-1.0] 

[-14.0] 

[-14.0] 

[-14.0] 

[-14.0] 

[-14.0] 

[-14.0] 

[-85.0] 

Abolition milk promotional levy 

ex Art. 309 

pm 

- 

- 

- 

- 

- 

- 

- 

- 

TOTAL 05 02 

Net effect of reform proposals (5) 

-446.3 

-446.3 

-446.3 

-461.3 

-461.3 

-476.3 

-476.3 

-3 213.9 

EN 

240 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 

(2) 

(3) 

(4) 

(5) 

The 2013 needs are estimated based on the Commission's Draft Budget 2012, except for (a) the fruit & vegetables sectors where the needs are based on the financial statement of the 
respective reforms and (b) any legal changes already agreed. 

The 2013 amount corresponds to Commission proposal COM(2010)486. As from 2014, the measure will be financed within Heading 1. 

The  envelope  for  the  cotton  restructuring  programme  for  Greece  (4  million  EUR/year)  will  be  transferred  to  rural  development  as  from  2014.  The  envelope  for  Spain  (6.1  million 
EUR/year) will go to the Single Payment Scheme as from 2018 (already decided). 

Estimated effect in case of non-application of the measure. 

In addition to expenditure within chapters 05 02 and 05 03, it is anticipated that direct expenditure within chapters 05 01, 05 07 and 05 08 will be financed by revenue that will be assigned 
to the EAGF. 

EN 

241 

EN 

 
  
Table 5: Calculation of the financial impact of the CAP reform proposals as regards direct aids 

In million EUR (current prices) 

Legal base 

Estimated needs 

Changes to 2013 

BUDGET YEAR 

2013 (1) 

2013 
adjusted 
(2) 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 
2014-2020 

Direct aids 

42 169.9 

42 535.4 

341.0 

381.1 

589.6 

768.0 

733.2 

733.2 

733.2

4 279.3 

- Changes already 
decided: 

Phasing-in EU 12 

Cotton 
restructuring 

Health Check  

Previous reforms  

875.0 

1 133.9 

1 392.8 

1 651.6 

1 651.6 

1 651.6 

1 651.6

10 008.1 

0.0 

0.0 

0.0 

0.0 

6.1 

6.1 

6.1

18.4 

-64.3 

-64.3 

-64.3 

-90.0 

-90.0 

-90.0 

-90.0

-552.8 

-9.9 

-32.4 

-32.4 

-32.4 

-32.4 

-32.4 

-32.4

-204.2 

- Changes due to new CAP reform proposals 

-459.8 

-656.1 

-706.5 

-761.3 

-802.2 

-802.2 

-802.2

-4 990.3 

Of which: capping 

0.0 

-164.1 

-172.1 

-184.7 

-185.6 

-185.6 

-185.6

-1 077.7 

TOTAL 05 03 

Net effect of reform proposals 

-459.8 

-656.1 

-706.5 

-761.3 

-802.2 

-802.2 

-802.2

-4 990.3 

TOTAL EXPENDITURE 

42 169.9 

42 535.4 

42 876.4 

42 916.5 

43 125.0 

43 303.4 

43 268.7 

43 268.7 

43 268.7

302 027.3 

EN 

242 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 

(2) 

The 2013 amount includes an estimate of wine grubbing-up 2012. 

Taking into account legislative changes already agreed, i.e. voluntary modulation for the UK and Article 136 "unspent amounts" will cease to apply by the end of 2013. 

EN 

243 

EN 

 
  
Table 6: Components of direct aids 

BUDGET YEAR 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 
2014-2020 

Annex II 

42 407.2 

42 623.4 

42 814.2 

42 780.3 

42 780.3 

42 780.3

256 185.7 

In million EUR (current prices) 

Payment  for  agricultural  practices  beneficial  for  the  climate  and 
environment (30%) 
Maximum that can be allocated to the Payment for young farmers 
(2%) 

Basic  Payment  Scheme,  Payment  for  areas  with  Natural 
Constraints, Voluntary Coupled Support 
Maximum  that  can  be  taken  from  the  above  lines  to  finance  the 
Small Farmer Scheme (10%) 
Wine transfers included in Annex II57 

Capping 

Cotton 

12 866.5 

12 855.3 

12 844.3 

12 834.1 

12 834.1 

12 834.1

77 068.4 

857.8 

857.0 

856.3 

855.6 

855.6 

855.6

5 137.9 

28 682.9 

28 911.1 

29 113.6 

29 090.6 

29 090.6 

29 090.6

173 979.4 

4 288.8 

4 285.1 

4 281.4 

4 278.0 

4 278.0 

4 278.0

25 689.3 

159.9 

159.9 

159.9 

159.9 

159.9 

159.9

959.1 

-164.1 

-172.1 

-184.7 

-185.6 

-185.6 

-185.6

-1 077.7 

256.0 

256.3 

256.5 

256.6 

256.6 

256.6

1 538.6 

POSEI/Small Aegean Islands 

417.4 

417.4 

417.4 

417.4 

417.4 

417.4

2 504.4 

57 

Direct aids for the period 2014-2020 include an estimate of the wine transfers to SPS based on the decisions taken by the Member States for 2013. 

EN 

244 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
 
Table 7: Calculation of the financial impact of the CAP reform proposals as regards transitional measures for granting direct aids in 2014 

In million EUR (current prices) 

BUDGET YEAR 

Legal base 

Estimated needs 

Changes to 
2013 

2013  

(1) 

2013 
adjusted 

2014  

(2) 

Annex IV to Council Regulation (EC) No 73/2009 

40 165.0 

40 530.5 

Phasing-in EU 10 

Health Check  

Previous reforms  

TOTAL 05 03 

TOTAL EXPENDITURE 

541.9

616.1

-64.3

-9.9

40 165.0 

40 530.5 

41 072.4

Notes: 

(1) 

(2) 

EN 

The 2013 amount includes an estimate of wine grubbing-up 2012. 

The extended net ceilings include an estimate of the wine transfers to SPS based on the decisions taken by the Member States for 2013. 

245 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Table 8: Calculation of the financial impact of the CAP reform proposals as regards rural development 

BUDGET YEAR 

Legal base 

Rural development 
allocation 

2013 

2013 
adjusted 
(1) 

Rural development programmes 

14 788.9 

14 423.4 

In million EUR (current prices) 

Changes to 2013 

2014 

2015 

2016 

2017 

2018 

2019 

2020 

TOTAL 
2014-2020 

Aid for cotton - Restructuring 

(2) 

4.0 

4.0 

4.0 

4.0 

4.0 

4.0 

4.0 

28.0 

Product of capping of direct 
aids 

RD envelope excluding 
technical assistance 

Technical assistance 

Prize  for  local  innovative  co-operation 
projects 

(3) 

(3) 

(4) 

TOTAL 05 04 

Net effect of reform proposals 

TOTAL  EXPENDITURE 
capping) 

(before 

164.1 

172.1 

184.7 

185.6 

185.6 

185.6 

1 077.7 

-8.5 

-8.5 

-8.5 

-8.5 

-8.5 

-8.5 

-8.5 

-59.4 

27.6 

27.6 

N.A. 

N.A. 

8.5 

0.0 

3.5 

5.0 

3.5 

5.0 

3.5 

5.0 

3.5 

5.0 

3.5 

5.0 

3.5 

5.0 

29.4 

30.0 

4.0 

168.1 

176.1 

188.7 

189.6 

189.6 

189.6 

1 105.7 

14 816.6 

14 451.1 

14 455.1 

14 455.1 

14 455.1 

14 455.1 

14 455.1 

14 455.1 

14 455.1 

101 185.5 

TOTAL 
capping) 

EN 

EXPENDITURE 

(after 

14 816.6 

14 451.1 

14 455.1 

14 619.2 

14 627.2 

14 639.8 

14 640.7 

14 640.7 

14 640.7 

102 263.2 

246 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Notes: 

(1) 

(2) 

Adjustments in line with the existing legislation only applicable until the end of financial year 2013. 

The amounts in table 1 (section 3.1) are in line with those in the Commission communication "A Budget for Europe 2020" (COM(2011)500 final). However, it remains to 
be decided if the MFF will reflect the transfer that is proposed for the envelope of one Member State of the cotton national restructuring programme to rural development as 
from 2014, implying an adjustment (4 million EUR per year) of the amounts for respectively the EAGF sub-ceiling and for pillar 2. In table 8 above, the amounts have been 
transferred, irrespective of them being reflected in the MFF. 

(3) 

The 2013 amount for technical assistance was fixed based on the initial rural development envelope (transfers from pillar 1 not included).  

Technical assistance for 2014-2020 is fixed at 0.25% of the total rural development envelope. 

(4) 

Covered by the amount available for technical assistance. 

EN 

247 

EN 

 
  
 
Heading of multiannual financial 
framework:  

5 

" Administrative expenditure " 

EUR million (to 3 decimal places) 

Note: 

It is estimated that the legislative proposals will have no impact on appropriations of an administrative nature, i.e. it is the intention 
that the legislative framework can be implemented with the present level of human resources and administrative expenditure. 

DG: AGRI 

(cid:121) Human resources  
(cid:121) Other administrative expenditure  

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

136.998  136.998  136.998  136.998  136.998  136.998  136.998 

9.704 

9.704 

9.704 

9.704 

9.704 

9.704 

9.704 

958.986 

67.928 

TOTAL DG AGRI 

Appropriations  

146.702  146.702  146.702  146.702  146.702  146.702  146.702 

1 026.914 

TOTAL appropriations 
under HEADING 5 
of the multiannual financial framework  

(Total 
= Total payments) 

commitments 

146.702  146.702  146.702  146.702  146.702  146.702  146.702 

1 026.914 

Year 
N58 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… enter as many years as 
necessary to show the duration 
of the impact (see point 1.6) 

TOTAL 

EUR million (to 3 decimal places) 

58 

Year N is the year in which implementation of the proposal/initiative starts. 

EN 

248 

EN 

 
  
 
 
 
 
 
 
 
 
 
                                                 
TOTAL appropriations  
under HEADINGS 1 to 5 
of the multiannual financial framework  

Commitments 

Payments 

EN 

249 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
3.2.2.  Estimated impact on operational appropriations  

–  (cid:133)  The proposal/initiative does not require the use of operational appropriations  

–  x  The proposal/initiative requires the use of operational appropriations, as explained below: 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

OUTPUTS 

Commitment appropriations in EUR million (to 3 decimal places) 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

r
e
b
m
u
N

s
t
u
p
t
u
o

f
o

Cost 

Total 
number 
of 
outputs 

Total  
cost 

830.0 

830.0 

830.0 

830.0 

830.0 

830.0 

830.0 

5 810.0 

Indicate 
objectives and 
outputs  

(cid:216) 

Type 
of 
output 

Average 
r
e
cost  
b
m
of the 
u
output  N

s
t
u
p
t
u
o

f
o

SPECIFIC OBJECTIVE No 5:  

To improve the competitiveness of the 
agricultural  sector  and  enhance  its 
value share in the food chain 

- Fruit & 
vegetables: 
Marketing 
through 
producer 
organisations 
(POs)59 

Propor-
tion of 
the 
value of 
produc-
tion 
marke-
ted 
through 
POs in 
value of 

59 

EN 

Based on past execution and estimates in the 2012 Draft Budget. For the producer organisations in the fruit & vegetables sector, the amounts are in line with the reform of that sector and, 
as already indicated in the activity statements of the 2012 Draft Budget, outputs will only be known in late 2011. 

250 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
the total 
produc-
tion 

- Wine: National 
envelope – 
Restructuring59  

Number 
of 
hectares

- Wine: National 
envelope – 
Investments59 

- Wine: National 
envelope – By-
product 
distillation59 

Hecto-
litres 

- Wine: National 
envelope – 
Potable 
alcohol59 

Number 
of 
hectares

Hecto-
litres 

- Wine: National 
envelope – Use 
of concentrated 
must59 

- Wine: National 
envelope – 
promotion59 

- Other  

Sub-total for specific objective N°5 

54 326 

475.1 

54 326 

475.1 

54 326 

475.1 

54 326 

475.1 

54 326 

475.1 

54 326 

475.1 

54 326 

475.1 

3 326.0 

1 147 

178.9 

1 147 

178.9 

1 147 

178.9 

1 147 

178.9 

1 147 

178.9 

1 147 

178.9 

1 147 

178.9 

1 252.6 

700 000 

98.1 

700 000 

98.1 

700 000 

98.1 

700 000 

98.1 

700 000 

98.1 

700 000 

98.1 

700 000 

98.1 

686.4 

32 754 

14.2 

32 754 

14.2 

32 754 

14.2 

32 754 

14.2 

32 754 

14.2 

32 754 

14.2 

32 754 

14.2 

14.2 

9 

37.4 

9 

37.4 

9 

37.4 

9 

37.4 

9 

37.4 

9 

37.4 

9 

37.4 

261.8 

267.9 

267.9 

267.9 

267.9 

267.9 

267.9 

267.9 

1 875.3 

720.2 

2 621.8 

739.6 

2 641.2 

768.7 

797.7 

820.3 

808.8 

2 670.3 

2 699.3 

2 721.9 

2 710.4 

797.1 

2 698.7 

5 452.3 

18 763.5 

EN 

251 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SPECIFIC OBJECTIVE No 6: 

To contribute to farm incomes and 
limit farm income variability 

- Direct income 
support60 

Number 
of 
hectares 
paid 

(in 
million) 

161.014 

42 876.4 

161.014 

43 080.6 

161.014 

43 297.1 

161.014 

43 488.1 

161.014 

43 454.3 

161.014 

43 454.3 

161.014 

43 454.3 

161.014 

303 105.0 

Sub-total for specific objective N°6 

42 876.4 

43 080.6 

43 297.1 

43 488.1 

43 454.3 

43 454.3 

43 454.3 

303 105.0 

TOTAL COST 

Note: For specific objectives 1 to 4 and 7 to 10, the outputs are still to be determined (see section 1.4.2 above). 

60 

Based on potentially eligible areas for 2009. 

EN 

252 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.  Estimated impact on appropriations of an administrative nature 

3.2.3.1.  Summary  

–  (cid:133)  The  proposal/initiative  does  not 

require 

the  use  of  administrative 

appropriations  

–  x  The  proposal/initiative  requires  the  use  of  administrative  appropriations,  as 

explained below:  

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

TOTAL 

EUR million (to 3 decimal places) 

HEADING 5 
of the multiannual 
financial framework 

Human resources 61 

136.998 

136.998 

136.998 

136.998 

136.998 

136.998 

136.998 

958.986 

9.704 

9.704 

9.704 

9.704 

9.704 

9.704 

9.704 

67.928 

Other  administrative 
expenditure  

Subtotal HEADING 5 
of the multiannual 
financial framework  

Outside HEADING 5 
of the multiannual 
financial framework  

Human resources  

Other 
expenditure  
of  an  administrative 
nature 

Subtotal  
outside HEADING 5 
of the multiannual 
financial framework  

TOTAL 

146.702 

146.702 

146.702 

146.702 

146.702 

146.702 

146.702 

1 026.914

61 

Based on an average cost of 127 000 EUR for establishment plan post of officials and temporary agents. 

EN 

253 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
3.2.3.2.   Estimated requirements of human resources  

–  (cid:133)  The proposal/initiative does not require the use of human resources  

–  x  The  proposal/initiative  requires  the  use  of  human  resources,  as  explained 

below: 

Note:  It  is  estimated  that  the  legislative  proposals  will  have  no  impact  on 
appropriations of an administrative nature, i.e. it is the intention that the 
legislative framework can be implemented with the present level of human 
resources and administrative expenditure. The figures for the period 2014-
2020 are based on the situation for 2011. 

Estimate to be expressed in full amounts (or at most to one decimal place) 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

(cid:121) Establishment plan posts (officials and temporary agents) 

XX 01 01 01 (Headquarters and 
Commission’s Representation 
Offices) 

1 034 

1 034 

1 034 

1 034 

1 034 

1 034 

1 034 

XX 01 01 02 (Delegations) 

3 

3 

3 

3 

3 

3 

3 

XX 01 05 01 (Indirect research) 

10 01 05 01 (Direct research) 

(cid:121) External personnel (in Full Time Equivalent unit: FTE)62 

78 

78 

78 

78 

78 

78 

78 

XX 01 02 01 (CA, INT, SNE from 
the "global envelope") 

XX 01 02 02 (CA, INT, JED, LA and 
SNE in the delegations) 

XX 01 04 
yy  

- at 
Headquarte
rs 

- in 
delegations 

XX 01 05 02 (CA, INT, SNE - 
Indirect research) 

10 01 05 02 (CA, INT, SNE - Direct 
research) 

Other budget lines (specify) 

TOTAL63 

1 115 

1 115 

1 115 

1 115 

1 115 

1 115 

1 115 

XX is the policy area or budget title concerned. 

The human resources required will be met by staff from the DG who are already assigned to 
management of the action and/or have been redeployed within the DG, together if necessary 

62 

63 

CA= Contract Agent; INT= agency staff ("Intérimaire"); JED= "Jeune Expert en Délégation" (Young 
Experts in Delegations); LA= Local Agent; SNE= Seconded National Expert;  
This does not include the sub-ceiling on budget line 05.010404. 

EN 

254 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
with any additional allocation which may be granted to the managing DG under the annual 
allocation procedure and in the light of budgetary constraints. 

Description of tasks to be carried out: 

Officials and temporary agents 

External personnel 

EN 

255 

   EN 

 
 
 
3.2.4.  Compatibility with the current multiannual financial framework  

–  x  Proposal/initiative  is  compatible  with  the  PROPOSALS  FOR  THE  2014-

2020 multiannual financial framework. 

–  (cid:133)  Proposal/initiative  will  entail  reprogramming  of  the  relevant  heading  in  the 

multiannual financial framework. 

–  (cid:133)  Proposal/initiative requires application of the flexibility instrument or revision 

of the multiannual financial framework. 

3.2.5.  Third-party contributions  

–  The proposal/initiative does not provide for co-financing by third parties  

–  X  The  proposal  regarding  rural  development  (EAFRD)  provides  for  the  co-

financing estimated below: 

Appropriations in EUR million (to 3 decimal places) 

Year 
2014 

Year 
2015 

Year 
2016 

Year 
2017 

Year 
2018 

Year 
2019 

Year 
2020 

Total 

Specify  the  co-financing 
body  

TOTAL 
cofinanced 64 

appropriations 

MS 

MS 

MS 

MS 

MS 

MS 

MS 

MS 

To be 
determin
ed 

To be 
determin
ed 

To be 
determin
ed 

To be 
determin
ed 

To be 
determin
ed 

To be 
determin
ed 

To be 
determin
ed 

To be 
determined 

64 

This will be set out in the rural development programmes to be submitted by the Member States. 

EN 

256 

   EN 

 
 
 
                                                 
3.3. 

Estimated impact on revenue  

–  x  Proposal/initiative has no financial impact on revenue. 

–  (cid:133)  Proposal/initiative has the following financial impact: 

– 

– 

x  on own resources  

x  on miscellaneous revenue  

Budget revenue line: 

Appropriations 
available for the 
ongoing budget 
year 

Impact of the proposal/initiative65 

Year 
N 

Year 
N+1 

Year 
N+2 

Year 
N+3 

… insert as many columns as necessary 
in order to reflect the duration of the 
impact (see point 1.6) 

For miscellaneous assigned revenue, specify the budget expenditure line(s) affected. 

See tables 2 and 3 in section 3.2.1.  

EUR million (to 3 decimal places) 

65 

EN 

As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25% for collection 
costs. 

257 

EN