CELEX: 52011PC0626
Language: en
Date: 2011-10-12
Title: 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)

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		52011PC0626
		
			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) /* COM/2011/0626 final - 2011/0281 (COD) */
			
				
		
		
			
			   	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 2020[2]
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 debate[3]
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.
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');
–                        
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 Framework[5]. 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 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 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 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
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.
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 Commission[7],
After transmission of the draft legislative
act to the national Parliaments,
Having regard to the opinion of the
European Economic and Social Committee[8],
Having consulted the European Data
Protection Supervisor[9]
Acting in accordance with the ordinary
legislative procedure[10],
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. 
(2)              
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.
(3)              
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. 
(4)              
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.
(5)              
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.
(6)              
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.
(7)              
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 products[14]
which currently provides for such a power should be repealed and the power
integrated into the present Regulation.
(8)              
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. 
(9)              
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. 
(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)          
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. 
(12)          
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 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.
(19)          
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. 
(20)          
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. 
(21)          
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.
(22)          
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.
(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 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. 
(26)          
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.
(27)          
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.
(28)          
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.
(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)          
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.
(37)          
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.
(38)          
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 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 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 policy[15]
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 safety[16],
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 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)          
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.
(57)          
It is appropriate to introduce the possibility
for Member States to maintain or adopt certain national rules on quality levels
as regards spreadable fats.
(58)          
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. 
(59)          
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 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 foodstuffs[17].
(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. 
(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 Commission,
objection procedures and the procedures on cancellation 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.
(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)          
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.
(77)          
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, support for restructuring and conversion is
limited to those Member States which have communicated the inventory. 
(81)          
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. 
(82)          
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, 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. 
(89)          
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.
(90)          
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 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)          
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. 
(97)          
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.
(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.
(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 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. 
(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 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 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 management[18], 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 powers[19].
(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.
(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 harvest[20]
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 1493/1999[21] 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 2005[22]
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:
TABLE OF CONTENTS
EXPLANATORY MEMORANDUM......................................................................................... 2
1........... CONTEXT OF THE PROPOSAL................................................................................ 2
2........... RESULTS OF CONSULTATIONS WITH
THE INTERESTED PARTIES AND IMPACT ASSESSMENT...................................................................................................................................... 4
3........... LEGAL ELEMENTS OF THE PROPOSAL................................................................. 4
4........... BUDGETARY IMPLICATION.................................................................................... 4
REGULATION OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL establishing a common organisation of the markets in agricultural
products (Single CMO Regulation).................................................... 4
PART I INTRODUCTORY PROVISIONS................................................................................ 4
PART II INTERNAL MARKET.................................................................................................. 4
TITLE I MARKET INTERVENTION......................................................................................... 4
CHAPTER I Public intervention and aid for
private storage............................................................ 4
Section 1 General provisions on public
intervention and aid for private storage................................ 4
Section 2 Public intervention.......................................................................................................... 4
Section 3 Aid for Private storage................................................................................................... 4
Section 4 Common provisions on public
intervention and aid for private storage............................. 4
CHAPTER II Aid schemes........................................................................................................... 4
Section 1 Schemes to improve access to food............................................................................... 4
Subsection 1 School Fruit Scheme................................................................................................ 4
Subsection 2 School milk scheme.................................................................................................. 4
Section 2 Aid in the olive oil and table
olives sector........................................................................ 4
Section 3 Aid in the fruit and vegetables
sector.............................................................................. 4
Section 4 Support programmes in the wine
sector.......................................................................... 4
Subsection 1 General provisions and
eligible measures................................................................... 4
Subsection 2 Specific support measures........................................................................................ 4
Subsection 3 Procedural provisions............................................................................................... 4
Section 5 aid in the apiculture sector.............................................................................................. 4
TITLE II RULES CONCERNING MARKETING AND
PRODUCER ORGANISATIONS...... 4
CHAPTER I Rules concerning marketing...................................................................................... 4
Section 1 Marketing standards...................................................................................................... 4
Subsection 1 Introductory provisions............................................................................................. 4
Subsection 2 General marketing standard...................................................................................... 4
Subsection 3 Marketing standards by sectors
or products.............................................................. 4
Subsection 4 Marketing standards related to
import and export...................................................... 4
Subsection 5 Common provisions.................................................................................................. 4
Section 2 Designations of origin,
geographical indications and traditional terms in the wine sector.... 4
Subsection 1 Introductory provisions............................................................................................. 4
Subsection 2 Designations of origin and
geographical indications.................................................... 4
Subsection 3 Traditional terms....................................................................................................... 4
Section 3 Labelling and presentation in the
wine sector................................................................... 4
CHAPTER II SPECIFIC PROVISIONS FOR INDIVIDUAL
SECTORS.................................. 4
Section 1 Sugar............................................................................................................................ 4
Section 2 Wine............................................................................................................................. 4
Section 3 Milk and milk products.................................................................................................. 4
CHAPTER III Producer organisations and
associations, interbranch organisations, operator organisations          4
Section 1 Definition and recognition............................................................................................... 4
Section 2 Extension of rules and compulsory
contributions............................................................. 4
Section 3 Adjustment of supply..................................................................................................... 4
Section 4 Procedural rules............................................................................................................. 4
PART III TRADE WITH THIRD COUNTRIES.......................................................................... 4
CHAPTER I Import and export licences....................................................................................... 4
Chapter II Import duties................................................................................................................ 4
Chapter III Tariff quota management and
special treatment of imports by third countries................. 4
Chapter IV Special import provisions for
certain products.............................................................. 4
Chapter V Safeguard and inward processing................................................................................. 4
Chapter VI Export refunds............................................................................................................ 4
Chapter VII Outward processing.................................................................................................. 4
PART IV COMPETITION RULES............................................................................................. 4
CHAPTER I Rules applying to undertakings.................................................................................. 4
CHAPTER II State aid rules......................................................................................................... 4
PART V GENERAL PROVISIONS............................................................................................ 4
CHAPTER I Exceptional measures............................................................................................... 4
Section 1 Market disturbance........................................................................................................ 4
Section 2 market support measures related to
animal diseases and loss of consumer confidence due to public, animal or plant
health risks.................................................................................................................................... 4
Section 3 Specific problems.......................................................................................................... 4
CHAPTER II Communications and reporting................................................................................ 4
CHAPTER III Reserve for crises in the
agricultural sector.............................................................. 4
PART VI DELEGATIONS OF POWER,
IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL RULES.................................................................................................................................................... 4
CHAPTER I Delegations of power and
implementing provisions.................................................... 4
CHAPTER II Transitional and final
provisions............................................................................... 4
ANNEX I LIST OF PRODUCTS REFERRED TO IN
ARTICLE 1(2) Part I: Cereals................. 4
Part II: Rice.................................................................................................................................. 4
Part III: Sugar............................................................................................................................... 4
Part IV: Dried fodder.................................................................................................................... 4
Part V: Seeds............................................................................................................................... 4
Part VI: Hops............................................................................................................................... 4
Part VII: Olive oil and table olives................................................................................................. 4
Part VIII: Flax and hemp............................................................................................................... 4
Part IX: Fruit and vegetables......................................................................................................... 4
Part X: Processed fruit and vegetable
products.............................................................................. 4
Part XI: Bananas........................................................................................................................... 4
Part XII: Wine.............................................................................................................................. 4
Part XIII: Live trees and other plants,
bulbs, roots and the like, cut flowers and ornamental foliage.. 4
Part XIV: Tobacco....................................................................................................................... 4
Part XV: Beef and veal................................................................................................................. 4
Part XVI: Milk and milk products.................................................................................................. 4
Part XVII: Pigmeat....................................................................................................................... 4
Part XVIII: Sheepmeat and goatmeat............................................................................................ 4
Part XIX: Eggs............................................................................................................................. 4
Part XX: Poultrymeat.................................................................................................................... 4
Part XXI: Ethyl alcohol of agricultural
origin................................................................................... 4
Part XXII: Apiculture products...................................................................................................... 4
Part XXIII: Silkworms.................................................................................................................. 4
Part XXIV: Other products........................................................................................................... 4
ANNEX II DEFINITIONS
REFERRED TO IN ARTICLE 3(1) Part I: Definitions concerning the rice
sector   4
Part II: Definitions concerning the hops
sector................................................................................ 4
Part III: Definitions concerning the wine
sector............................................................................... 4
Part IV: Definitions concerning the beef
and veal sector.................................................................. 4
Part V: Definitions concerning the milk
and milk products sector..................................................... 4
Part VI: Definitions concerning the eggs
sector............................................................................... 4
Part VII: Definitions concerning the
poultrymeat sector................................................................... 4
Part VIII: Definitions concerning the
apiculture sector..................................................................... 4
ANNEX III STANDARD
QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 7            4
ANNEX IV BUDGET FOR
SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 41(1) 4
ANNEX V INTERNATIONAL ORGANISATIONS REFERRED
TO IN ARTICLE 56(3)....... 4
ANNEX VI DEFINITIONS, DESIGNATIONS AND SALES
DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 60............................................................................................................................... 4
Part I. Meat of bovine animals aged less than
12 months................................................................ 4
I............ Definition........................................................................................................................ 4
II........... Sales descriptions........................................................................................................... 4
Part II.Grapevine products............................................................................................................ 4
Part III.Milk and milk products..................................................................................................... 4
Part IV.Milk for human consumption falling
within CN code 0401.................................................. 4
Part V.Products of the poultrymeat sector..................................................................................... 4
Part VI.Spreadable fats................................................................................................................. 4
Part VII.Descriptions and definitions of
olive oil and olive pomace oils............................................ 4
Appendix to Annex VI (referred to in Part II)
Wine growing zones................................................. 4
ANNEX VII OENOLOGICAL PRACTICES REFERRED TO
IN ARTICLE 62 Part I Enrichment, acidification and de-acidification in certain
wine-growing zones..................................................................................... 4
Part II Restrictions........................................................................................................................ 4
ANNEX VIII CORRELATION TABLES REFERRED
TO IN ARTICLE 164............................ 4
LEGISLATIVE FINANCIAL STATEMENT.............................................................................. 4
PART
I
INTRODUCTORY PROVISIONS
Article 1
Scope
1.           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.
2.           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;
(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.           For the purposes of this
Regulation, the definitions concerning certain sectors as set out in
Annex II shall apply.
2.           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.
3.           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.
4.           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 Regional
Development Fund, the European Social Fund and the Cohesion Fund and repealing
Regulation (EC) No 1083/2006[23].
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)          1 January to 31 December of a
given year for the banana sector;
(b)          1 April to 31 March of the
following year for:
(i)      the dried fodder sector;
(ii)     the silkworm sector;
(c)          1 July to 30 June of the
following year for:
(i)      the cereals sector;
(ii)     the seeds sector;
(iii)     the olive oil and table olives
sector;
(iv)    the flax and hemp sector;
(v)     the milk and milk products sector;
(d)          1 August to 31 July of the
following year for the wine sector;
(e)          1 September to 31 August of the
following year for the rice sector;
(f)           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)          as regards the cereals sector,
EUR 101,31/tonne, related to the wholesale stage for goods delivered to the
warehouse, before unloading;
(b)          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;
(c)          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.
(d)          as regards the beef and veal
sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3
as laid down in the Union scale for the classification of carcasses of adult
bovine animals 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.
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.
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)          common wheat, barley and maize;
(b)          paddy rice;
(c)          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;
(d)          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 %;
(e)          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)          common wheat, barley and maize,
from 1 November to 31 May;
(b)          paddy rice, from 1 April to 31
July;
(c)          beef and veal, throughout the
marketing year;
(d)          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:
(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.
2.           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
1.           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.
2.           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).
Article 14
Public intervention prices
1.           Public intervention price
shall mean:
(a)     the price at which products shall be
bought-in under public intervention where this is done at a fixed price, or
(b)     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)          avoid any disturbance of the
market, 
(b)          ensure equal access to goods and
equal treatment of purchasers and 
(c)          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).
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)          white sugar;
(b)          olive oil;
(c)          flax fibre;
(d)          fresh or chilled meat of adult
bovine animals;
(e)          butter produced from cream
obtained directly and exclusively from cow's milk;
(f)           skimmed milk powder made from
cow's milk;
(g)          pigmeat;
(h)          sheepmeat and goatmeat.
Article 17
Conditions for granting aid
1.           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.
2.           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).
3.           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 implementing
acts shall be adopted in accordance with the examination procedure referred to
in Article 162(2).
4.           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
1.           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.
2.           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.
3.           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.
4.           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.
5.           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;
(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;
(b)     eligibility of operators; 
(c)     the obligation to lodge a security
guaranteeing the execution of operators' obligations.
8.           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.
9.           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.
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)          the representative periods,
markets and market prices necessary for the application of this Chapter;
(b)          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;
(c)          the different operations
connected with the boning process for the beef and veal sector;
(d)          any authorisation of storage
outside the territory of the Member State where the products have been
bought-in and stored;
(e)          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;
(f)           the conclusion and the content
of contracts between the competent authority of the Member State and the
applicants;
(g)          the placing and keeping in
private storage and removal from storage;
(h)          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;
(i)           the conditions according to
which it may be decided that products covered by private storage contracts may
be re-marketed or disposed of;
(j)           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;
(k)          the use of tendering procedures,
both for public intervention and for private storage, in particular concerning:
(i)      the submission of offers or tenders,
and the minimum quantity for an application or submission and 
(ii)     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.
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)          respect the intervention limits
set out in Article 13(1); and
(b)          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).
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:
(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.
2.           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.
3.           When drawing up their
strategies, Member States shall draw up a list of products of the fruit and
vegetables, processed fruit and vegetables, and bananas sectors that will be
eligible under their respective schemes. This list, however, shall not include
products excluded by 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
(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.
5.           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.
7.           Member States may, in
addition to Union aid, grant national aid in accordance with Article 152.
8.           The Union School Fruit
Scheme shall be without prejudice to any separate national school fruit schemes
which are compatible with Union law.
9.           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
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.
2.           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:
(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)          the definitive allocation of aid
between participating Member States within the appropriations available in the
budget;
(b)          the aid applications and
payments;
(c)          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.           Union aid shall be granted
for supplying to children in educational establishments certain products of the
milk and milk products sector. 
2.           Member States, at national
or regional level, wishing to participate in the scheme shall draw up a prior
strategy for its implementation.
3.           Member States may, in
addition to Union aid, grant national aid in accordance with Article 152.
4.           Measures on fixing the
Union aid for all milk shall be taken by the Council in accordance with Article
43(3) of the Treaty.
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.           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.
2.           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.
3.           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
4.           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)          procedures to ensure the respect
of the maximum quantity eligible for the aid;
(b)          approval of applicants, aid
applications and payments;
(c)          the methods of publicising the
scheme.
Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 162(2).
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.
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)          the implementation of work
programmes and amendments to such programmes;
(b)          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;
(b)     Union financial assistance which may
be granted to producer organisations, in accordance with the terms and
conditions set out in delegated and implementing acts adopted by the Commission
pursuant to Articles 35 and 36.
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 respecting the environment, including organic farming;
(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 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.
4.           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 
1.           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.
2.           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. 
3.           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; 
(b)     it is submitted by one or more
producer organisations engaged in schemes operated on an interbranch basis;
(c)     it covers solely specific support for
the production of organic products covered by Council Regulation (EC)
No 834/2007[24];
(d)     it is the first to be submitted by a
recognised producer organisation which has merged with another recognised
producer organisation;
(e)     it is the first to be submitted by a
recognised association of producer organisations;
(f)      it is submitted by producer
organisations in Member States where producer organisations market less than 20 %
of fruit and vegetables production;
(g)     it is submitted by a producer
organisation in one of the outermost regions referred to in Article 349 of the
Treaty;
(h)     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)     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;
(b)     free distribution to penal
institutions, schools and public education institutions and to children’s
holiday camps as well as to hospitals and old people’s homes designated by the
Member States, which shall take all necessary steps to ensure that the
quantities 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. 
2.           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
1.           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.
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;
(b)          the structure and content of a
national framework and a national strategy; 
(c)          Union financial assistance, concerning:

(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;
(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)          the management of operational
funds;
(b)          the format of operational
programmes; 
(c)          aid applications and payments of
aid, including advance and partial payments of aid;
(d)          loans to finance crisis
prevention and management measures;
(e)          the respect for marketing
standards in case of withdrawals;
(f)           transport, sorting and packaging
costs in case of free distribution;
(g)          promotion, communication and
training measures in case of crisis prevention and management;
(h)          the management of harvest
insurance measures;
(i)           provisions on state aids for
crisis prevention and management measures;
(j)           the authorisation to pay
national financial assistance;
(k)          application for and payment of
national financial assistance;
(l)           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.           Support programmes shall
be compatible with Union law and consistent with the activities, policies and
priorities of the Union.
2.           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).
Article 39
Submission of support programmes
1.           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.
2.           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)          Single Payment Scheme support in
accordance with Article 42;
(b)          promotion in accordance with
Article 43;
(c)          restructuring and conversion of
vineyards in accordance with Article 44;
(d)          green harvesting in accordance
with Article 45;
(e)          mutual funds in accordance with
Article 46;
(f)           harvest insurance in accordance
with Article 47;
(g)          investments in accordance with
Article 48;
(h)          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.
2.           Union support shall only be
granted for eligible expenditure incurred after the submission of the relevant
support programme.
3.           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.           Support under this
Article shall cover information or promotion measures concerning Union
wines in third countries, thereby improving their competitiveness in those
countries.
2.           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)     public relations, promotion or
advertisement measures, 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 the Union systems covering designations of origin, geographical indications
and organic production;
(d)     studies of new markets, necessary for
the expansion of market outlets;
(e)     studies to evaluate the results of the
information and promotion measures.
4.           The Union contribution to
promotion activities referred to in paragraph 1 shall not exceed 50 % of
the eligible expenditure.
Article 44
Restructuring and conversion of vineyards
1.           The objective of measures
relating to the restructuring and conversion of vineyards shall be to increase
the competitiveness of wine producers.
2.           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).
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 %.
Article 45
Green harvesting
1.           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.
2.           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.
3.           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.
4.           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
1.           Support for the setting up
of mutual funds shall provide assistance to producers seeking to insure
themselves against market fluctuations.
2.           Support for the setting up
of mutual funds may be granted in the form of temporary and degressive aid to
cover the administrative costs of the funds.
Article 47
Harvest insurance
1.           Support for harvest
insurance shall contribute to safeguarding producers’ incomes where these are
affected by natural disasters, adverse climatic events, diseases or pest
infestations.
2.           Support for harvest
insurance may be granted in the form of a 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:
(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
1.           Support may be granted for
tangible or intangible investments in processing facilities, winery
infrastructure and marketing of wine which improve the overall performance of
the enterprise and concern one or more of the following:
(a)     the production or marketing of grapevine
products referred to in Part II of Annex VI;
(b)     the development of new products,
processes and technologies concerning the products referred to in Part II of
Annex VI.
2.           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 enterprises[25]. 
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 1405/2006[26]. 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 difficulty[27].
3.           The eligible expenditure
shall exclude the non-eligible costs referred to in paragraph 3 of Article 59
of Regulation (EU) No [COM(2011)615].
4.           The following maximum aid
rates concerning the eligible investment costs shall apply to the Union
contribution:
(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.           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.
2.           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.
3.           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 to support programmes and their date of applicability;
(b)          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;
(c)          on changes to support programmes
after they have become applicable;
(d)          on requirements and thresholds
for advance payments, including the requirement for a security where an advance
payment is made;
(e)          containing general provisions and
definitions for the purposes of this Section;
(f)           to avoid misuse of the support
measures and double funding of projects;
(g)          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;
(h)          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;
(j)           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)          the submission of the support
programmes, the corresponding financial planning and revision of support
programmes;
(b)          application and selection
procedures;
(c)          evaluation of the supported
actions;
(d)          the calculation and payment of
aid for green harvesting and by-product distillation;
(e)          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).
Section 5
aid in the apiculture sector
Article 52
National programmes and financing
1.           Member States may draw up
national programmes for the apiculture sector covering a period of three years.
2.           The Union contribution to
the apiculture programmes shall not exceed 50 % of the expenditure borne
by Member States.
3.           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)          the measures which may be
included in apiculture programmes,
(b)          rules for drawing up and the
content of national programmes and the studies referred to in Article 52(3);
and
(c)          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)          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;
(b)          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).
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.
2.           Where no marketing
standards as referred to in Subsection 3 and in Council Directives 2000/36/EC[28], 2001/112/EC[29], 2001/113/EC[30], 2001/114/EC[31], 2001/110/EC[32], 2001/111/EC[33], 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.
3.           A product shall be
considered as conforming to the general marketing standard where the product
intended to be marketed is in conformity with an applicable standard 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
1.           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 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)      specific substances used in production,
or components or constituents, including their quantitative content, purity and
identification;
(g)     the type of farming and production
method including oenological practices and related administrative rules, and
operating circuit;
(h)     coupage of must and wine including
definitions thereof, blending and restrictions thereof;
(i)      the conservation method and
temperature;
(j)      the place of farming and/or origin;
(k)     the frequency of collection, delivery,
preservation and handling;
(l)      the identification or registration of
the producer and/or the industrial facilities in which the product has been
prepared or processed;
(m)    the percentage of water content;
(n)     restrictions as regards the use of
certain substances and/or practices;
(o)     specific use;
(p)     commercial documents, accompanying
documents and registers to be kept;
(q)     storage, transport;
(r)      the certification procedure;
(s)     the conditions governing the disposal,
the holding, circulation and use of products not in conformity 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)     the need to ensure the conditions for
a smooth placing of the products on the market;
(c)     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.           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.
3.           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 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;
(c)     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;
(d)     allow the preservation of the natural
and essential characteristics of the wine and not cause a substantial change in
the composition of the product concerned;
(e)     ensure an acceptable minimum level of
environmental care;
(f)      respect the
general rules concerning oenological practices and the rules laid down in Annex
VII.
3.           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
1.           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.
2.           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)     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;
(b)     the variety is not one of the
following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.
Where a wine grape variety is deleted from the
classification referred to in the first subparagraph, grubbing-up of this
variety shall take 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.
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
characteristics of wines with a protected designation of origin or a protected
geographical indication and of sparkling wines and liqueur wines.
3.           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.
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.           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.
2.           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.
3.           The import of the products
referred to in paragraph 1 shall be subject to the presentation of:
(a)     a certificate evincing compliance with
the provisions referred to in paragraphs 1 and 2, drawn up by a competent
body, included on a list to be made public by the Commission, in the product’s
country of origin;
(b)     an analysis report drawn up by a body
or department designated by the product’s country of origin, in so far as the
product is intended for direct human consumption.
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)          for the implementation of the
general marketing standard;
(b)          for the implementation of the
definitions and sales descriptions provided for in Annex VI; 
(c)          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; 
(d)          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; 
(e)          for determining whether products
have undergone processes contrary to the authorised oenological practices; 
(f)           for fixing of the tolerance
level;
(g)          for the implementation of Article
66.
Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 162(2).
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)     ensuring the smooth operation of the
internal market in the products concerned; and
(c)     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;
(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
(d)     a single document summarising the
product specification referred to in paragraph 2.
2.           The product specification
shall enable interested parties to verify the relevant conditions of production
of the designation of origin or geographical indication.
3.           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
1.           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. 
2.           Producers may apply for
protection only for wines which they produce.
3.           In the case of a name
designating a trans-border geographical area or a traditional name connected to
a trans-border geographical area, a joint application may be submitted.
Article 73
Preliminary national procedure
1.           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.
2.           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.
3.           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
1.           The Commission shall make public
the date of submission of the application for protection of the designation of
origin or geographical indication.
2.           The Commission shall
examine whether the applications for protection as referred to in Article 71
meet the conditions laid down in this Subsection.
3.           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.
4.           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 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.
2.           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.
3.           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.
4.           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 Council[34].
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.
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
1.           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.
2.           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 to trade marks [35] or by
Council Regulation (EC) No 207/2009 of 26 February 2009 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
1.           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. 
2.           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:
(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)     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;
(c)     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.
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.           Wine names, which are
protected in accordance with Articles 51 and 54 of Council Regulation (EC)
No 1493/1999[37] and Article 28 of Commission Regulation (EC) No 753/2002[38], shall automatically be protected under this Regulation. The
Commission shall list them in the register provided for in Article 81 of
this Regulation.
2.           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 .
3.           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.
Article 86
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 5 of this Article.
2.           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.
3.           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.
4.           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)     the type of applicant that may apply
for the protection of a designation of origin or geographical indication;
(c)     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.
5.           Taking into account the
need to ensure an adequate protection, the Commission may, by means of
delegated acts, adopt restrictions regarding the protected name.
6.           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:
(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).
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)          that the product has a protected
designation of origin or a protected geographical indication under Union or
national law; or
(b)          the production or ageing method
or the quality, colour, type of place, or a particular event linked to the
history of the product with a protected designation of origin or a protected
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.
2.           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. 
3.           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. 
4.           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
1.           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.
2.           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. 
3.           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.
4.           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)          "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;
(b)          "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/EEC[39], Directive 2000/13/EC of the European Parliament and of the Council[40] and Directive 2007/45/EC of the European Parliament and of the
Council[41] 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)     the designation for the category of
the grapevine product in accordance with Part II of Annex VI;
(b)     for wines with a protected designation
of origin or a protected geographical indication:
(i)      the term “protected designation of
origin” or “protected geographical indication”; and
(ii)      the name of the protected
designation of origin or the protected geographical indication;
(c)     the actual alcoholic strength by
volume;
(d)     an indication of provenance;
(e)     an indication of the bottler or, in
the case of sparkling wine, aerated sparkling wine, quality sparkling wine or
quality aromatic sparkling wine, the name of the producer or vendor;
(f)      an indication of the importer in the
case of imported wines; and
(g)     in the case of sparkling wine, aerated
sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an
indication of the sugar content.
2.           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. 
3.           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 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)     in the case of wines other than those
referred to in point (g) of Article 96(1), terms indicating the sugar
content;
(d)     for wines with a protected designation
of origin or a protected geographical indication, traditional terms as referred
to in point (b) of Article 89;
(e)     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;
(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
1.           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.
2.           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
1.           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.
2.           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
(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.           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.
4.           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.
5.           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.
6.           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).
CHAPTER II
SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS
Section 1
Sugar
Article 101
Sugar sector agreements
1.           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.
2.           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
1.           Member States shall
maintain a vineyard register which shall contain updated information on the
production potential.
2.           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.
3.           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.
4.           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.
5.           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 
1.           The products of the wine
sector shall be put into circulation in the Union with an officially authorised
accompanying document.
2.           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.
3.           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).
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.           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.
4.           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.
5.           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
1.           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.
3.           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.
4.           By way of derogation from
paragraph 2(c)(ii) and (iii), even where the threshold of 33% is not exceeded,
the competition authority referred to in the second subparagraph may decide in
an individual case that the
negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent
competition being excluded or in order to avoid serious prejudice to SME
processors of raw milk in its territory.
The decision referred to in the first
subparagraph shall be taken by the Commission, by 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)     a "national competition
authority" shall be the authority referred to in Article 5 of Regulation
(EC) No 1/2003;
(b)     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)          are constituted by producers in
any of the sectors listed in Article 1(2);
(b)          are formed on the initiative of
the producers;
(c)          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;
(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)     are constituted of representatives of
economic activities linked to the production of, trade in, and/or processing of
products in one or more sectors;
(b)     are formed on the initiative of all or
some of the organisations or associations which constitute them;
(c)     pursue a specific aim, which may
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;
(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)     concentrating and co-ordinating supply
and marketing of the produce of the members;
(b)     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.
Article 109
Operator organisations
For the purposes of this Regulation,
operator organisations in the olive oil and table olives sector shall comprise
recognised producer organisations, recognised interbranch organisations or recognised
organisations of other operators or their associations.
Section 2
Extension of rules and compulsory contributions
Article 110
Extension of rules
1.           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.
2.           An “economic area” shall mean
a geographical zone made up of adjoining or neighbouring production regions in
which production and marketing conditions are homogeneous.
3.           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.
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.
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)          to improve quality;
(b)          to promote better organisation of
production, processing and marketing;
(c)          to facilitate the recording of
market price trends;
(d)          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)          relate to any transaction after
the first marketing of the produce concerned;
(b)          allow for price fixing, including
where prices are set for guidance or recommendation;
(c)          render unavailable an excessive
proportion of the vintage that would otherwise be available;
(d)          provide scope for refusing to
issue the national and Union certificates required for the circulation and
marketing of wines where such marketing is in accordance with those rules.
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)          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, 
(b)          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;
(c)          transnational organisations and
associations including the rules referred to in points (a) and (b) of this
Article;
(d)          outsourcing of activities and the
provision of technical means by organisations or associations;
(e)          the minimum volume or value of
marketable production of organisations and associations;
(f)           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.
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)          the recognition of organisations
carrying out activities in more than one Member State, pursuant to the rules
adopted under Article 114(c);
(b)          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).
PART III
TRADE WITH THIRD COUNTRIES
CHAPTER I
Import and export licences
Article 117
General rules 
1.           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.
2.           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)     the list of agricultural products
subject to the presentation of an import or export licence;
(b)     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:
(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)     establish the rules applicable to the
transfer of the licence or restrictions on that transmissibility;
(d)     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)          the submission of applications
and the issuing of licences and their use;
(b)          the period of validity of the
licence and the amount of security to be submitted;
(c)          the proof that the requirements for
the use of licences have been fulfilled;
(d)          the issue of replacement licences
and duplicate licences;
(e)          the treatment of licences by
Member States and the exchange of information needed for the management of the
system.
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 
(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.           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 Code[42] (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 Code[43] (CCIP).
2.           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.
3.           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. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 162(2).
Article 123
Additional import duties
1.           The Commission may, by means
of implementing acts, determine the products of the cereals, rice, sugar, fruit
and vegetables, processed fruit and vegetables, beef and 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).
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.
3.           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.
4.           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;
(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.           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.
2.           Tariff quotas shall be
administered in a manner which avoids any discrimination between the operators
concerned, by applying one of the following methods or a combination of them or
another appropriate method:
(a)     a method based on the chronological
order of the submission of applications (‘first come, first served’ principle);
(b)     a method of distribution in proportion
to the quantities requested when the applications were submitted (the
‘simultaneous examination method’);
(c)     a method based on taking traditional
trade patterns into account (using the ‘traditional/newcomers method’).
3.           The method of
administration adopted shall:
(a)     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
(b)     for export tariff quotas, permit the
full use of the possibilities available under the quota concerned.
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)     the annual tariff quotas, if necessary
suitably phased over the year and shall determine the method of administration
to be used;
(b)     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;
(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.           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.
2.           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;
(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)          the products have not benefited
from the derogations or,
(b)          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 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].
2.           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.
3.           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.
4.           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
1.           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 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. 
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 products[46], and
in the form of the products containing sugar listed in point (b) of Part X of
Annex I.
2.           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.
3.           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).
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.           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.
2.           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
1.           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.
2.           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.
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)     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;
(b)     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.           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.
2.           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.
3.           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 implementing acts
necessary to respect 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 the WTO Agreement on
Agriculture, the ending of a reference period shall not affect the validity of
export licences.
Article 139
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 6 of this Article.
2.           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.
3.           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.
4.           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)     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;
(c)     advance payment of export refunds
including the conditions for the lodging and release of a security;
(d)     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;
(e)     destinations treated as exports from
the Union, and inclusion of destinations within the customs territory of the
Union eligible for export refunds.
5.           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;
(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)     the refund thresholds and conditions
under which exporters may be exempted from such proof;
(e)     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).
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. 
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.
3.           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
1.           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.           The agreements, decisions
and concerted practices may not be put into effect before the lapse of the
period referred to in paragraph 2(b).
4.           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.
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.
CHAPTER II
State aid rules
Article 146
Application of Articles 107 to 109 of the Treaty
1.           Subject to paragraph 2,
Articles 107 to 109 of the Treaty shall apply to the production of, and trade
in, agricultural products.
2.           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.
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
National payments for distillation of wine in
cases of crisis
1.           Member States may make
national payments to wine producers for the voluntary or mandatory distillation
of wine in justified cases of crisis.
2.           The payments referred to
in paragraph 1 shall be proportionate and allow that crisis to be addressed.
3.           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.
4.           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.
5.           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.
6.           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).
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 || 100 
 Bulgaria || 11 984 
 Germany || 1 500 
 Greece || 41 100 
 Spain || 568 200 
 France || 17 300 
 Italy || 130 100 
 Cyprus || 5100 
 Luxembourg || 100 
 Hungary || 2 900 
 Netherlands || 100 
 Poland || 4 200 
 Portugal || 41 300 
 Romania || 1 645 
 Slovenia || 300 
 Slovakia || 3 100 
 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.
PART V
GENERAL PROVISIONS
CHAPTER I
Exceptional measures
Section 1
Market disturbance
Article 154
Measures against market disturbance
1.           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. 
2.           The measures referred to
in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of
Annex I.
3.           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).
Section 2
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.           The measures provided for
in paragraph 1 shall be taken at the request of the Member State
concerned.
4.           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.
5.           The Union shall provide
part-financing equivalent to 50 % of the expenditure borne by Member
States for the measures provided for in paragraph 1.
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
1.           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).
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 
1.           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, implementing international agreements, 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.
              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)     arrangements for the management of the
information to be notified, as well as rules on content, form, timing,
frequency and deadlines of the notifications;
(c)     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)          every three years after 2013 on
the implementation of the measures concerning the apiculture sector as set out
in Articles 52 to 54;
(b)          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.
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 management[47] 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)          Chapter I of Title I of Part II,
(b)          Chapter VI of Part III, and 
(c)          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).
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.           The powers to adopt the
delegated acts shall be conferred on the Commission subject to the conditions
laid down in this Article.
2.           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.
3.           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. 
4.           As soon as it adopts a
delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5.           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 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.
2.           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
1.           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.
2.           Where reference is made to
this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3.           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,
(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.           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.
3.           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.
This
Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,
For the European Parliament                       For
the Council
The
President                                                 The President
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 || Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing 
       1001 90 91 || Common wheat and meslin seed 
       1001 90 99 || Spelt, common wheat and meslin other than for sowing 
       1002 00 00 || Rye 
       1003 00 || Barley 
       1004 00 00 || Oats 
       1005 10 90 || Maize (corn) seed other than hybrid 
       1005 90 00 || Maize other than seed 
       1007 00 90 || Grain sorghum, other than hybrids for sowing 
       1008 || Buckwheat, millet and canary seed; other cereals 
 (b)        1001 10 00 || Durum wheat 
 (c)        1101 00 || Wheat or meslin flour 
       1102 10 00 || Rye flour 
       1103 11 || Groats and meal of wheat 
       1107 || Malt, whether or not roasted 
 (d)        0714 || Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith 
   || ex   1102 || Cereal flours other than of wheat or meslin: 
   ||       1102 20 || – Maize (corn) flour 
   ||       1102 90 || – Other: 
   ||       1102 90 10 || – – Barley flour 
   ||       1102 90 30 || – – Oat flour 
   ||       1102 90 90 || – – Other 
   || ex   1103 || Cereal groats, meal and pellets with the 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) 
   || ex   1104 || 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: 
   || – Starches: 
   ||       1108 11 00 || – – Wheat starch 
   ||       1108 12 00 || – – Maize (corn) starch 
   ||       1108 13 00 || – – Potato starch 
   ||       1108 14 00 || – – Manioc (cassava) starch 
   || ex   1108 19 || – – Other starches: 
   ||       1108 19 90 || – – – Other 
   ||       1109 00 00 || Wheat gluten, whether or not dried 
 CN code || Description 
   ||       1702 || 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 || – – – – In the form of powder, whether or not agglomerated 
   ||       1702 90 79 || – – – – Other 
   ||       2106 || 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 || Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals 
   || ex   2303 || Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: 
   ||       2303 10 || – Residues of starch manufacture and similar residues 
   ||       2303 30 00 || – Brewing or distilling dregs and waste 
   || ex   2306 || Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from 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: 
   ||       2309 10 11       2309 10 13       230910 31       2309 10 33       2309 10 51       2309 10 53 || – – 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 
 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: 
   ||       2309 90 31       2309 90 33       2309 90 41       2309 90 43       2309 90 51       2309 90 53 || – – – 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: 
 (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. 
Part II: Rice
The rice sector shall cover the products
listed in the following table:
 CN code || Description 
 (a)          1006 10 21 to         1006 10 98 || Rice in the husk (paddy or rough), other than for sowing 
         1006 20 || Husked (brown) rice 
         1006 30 || Semi-milled or wholly milled rice, whether or not polished or glazed 
 (b)          1006 40 00 || Broken rice 
 (c)          1102 90 50 || Rice flour 
         1103 19 50 || Rice groats and meal 
         1103 20 50 || Pellets of rice 
         1104 19 91 || Flaked grains of rice 
 ex    1104 19 99 || Rolled grains of rice 
         1108 19 10 || Rice starch 
Part III: Sugar
The sugar sector shall cover the products
listed in the following table:
 CN code || Description 
 (a)         1212 91 || Sugar beet 
        1212 99 20 || Sugar cane 
 (b)         1701 || Cane or beet sugar and chemically pure sucrose, in solid form 
 (c)         1702 20 || Maple sugar and maple syrup 
        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 || Caramel containing 50 % or more by weight of sucrose in the dry matter 
        2106 90 59 || Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups 
 (d)         1702 30 10        1702 40 10        1702 60 10        1702 90 30 || Isoglucose 
 (e)         1702 60 80        1702 90 80 || Inulin syrup 
 (f)         1703 || Molasses resulting from the extraction or refining of sugar 
 (g)         2106 90 30 || Flavoured or coloured isoglucose syrups 
 (h)         2303 20 || Beet pulp, bagasse and other waste of sugar 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 
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): 
 – for sowing 
        0713 33 10 || Kidney beans, including white pea beans (Phaseolus vulgaris): 
 – for sowing 
 ex   0713 39 00 || Other beans: 
 – for sowing 
 ex   0713 40 00 || Lentils: 
 – for sowing 
 ex   0713 50 00 || Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor): 
 – for sowing 
 ex   0713 90 00 || Other dried leguminous vegetables: 
 – for sowing 
        1001 90 10 || Spelt: 
 – for sowing 
 ex   1005 10 || Hybrid maize (corn) seed 
        1006 10 10 || Rice in the husk (paddy or rough): 
 – for sowing 
        1007 00 10 || Grain sorghum hybrids: 
 – for sowing 
        1201 00 10 || Soya beans, whether or not broken: 
 – for sowing 
        1202 10 10 || Groundnuts, not roasted or otherwise cooked, in shell: 
 – for sowing 
        1204 00 10 || Linseed, whether or not broken: 
 – for sowing 
        1205 10 10 and ex   1205 90 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 
Part VI: Hops
The hops sector shall cover the products
listed in the following table
 CN code || Description 
 1210 || Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin 
 1302 13 00 || 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:
 CN code || Description 
 (a)         1509 || Olive oil and its fractions, whether or not refined, but not chemically modified 
        1510 00 || Other oils and their fractions, obtained solely from olives, whether or not refined, but not 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 || Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil 
        2306 90 11        2306 90 19 || 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 || Description 
                    5301 || Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) 
                    5302 || True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock) 
Part IX: Fruit and vegetables
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 || Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled 
       0704 || Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled 
       0705 || Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled 
       0706 || Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled 
       0707 00 || Cucumbers and gherkins, fresh or chilled 
       0708 || Leguminous vegetables, shelled or unshelled, fresh or chilled 
 ex  0709 || Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 
 ex  0802 || Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20 
       0803 00 11 || Fresh plantains 
 ex  0803 00 90 || Dried plantains 
       0804 20 10 || Figs, fresh 
       0804 30 00 || Pineapples 
       0804 40 00 || Avocados 
       0804 50 00 || Guavas, mangos and mangosteens 
       0805 || Citrus fruit, fresh or dried 
       0806 10 10 || Fresh table grapes 
       0807 || Melons (including watermelons) and papaws (papayas), fresh 
       0808 || Apples, pears and quinces, fresh 
       0809 || Apricots, cherries, peaches (including nectarines), plums and sloes, fresh 
       0810 || Other fruit, fresh 
       0813 50 31       0813 50 39 || Mixtures exclusively of nuts of headings 0801 and 0802 
       0910 20 || Saffron 
 ex  0910 99 || Thyme, fresh or chilled 
 ex  1211 90 85 || Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled 
       1212 99 30 || Locust 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 || Description 
 (a)  ex  0710 || Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59 
   || ex  0711 || Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in 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 
   || ex  0712 || 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 
   ||       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 
 CN Code || Description 
   || ex  0812 || 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 
   || ex  0813 || 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 || Pectic substances and pectinates 
   || ex  2001 || Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding: -     fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 -     sweetcorn (Zea mays var. saccharata) 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 
   ||       2002 || Tomatoes prepared or preserved otherwise than by vinegar or acetic acid 
   ||       2003 || Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid 
   || ex  2004 || Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading 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 
   || ex  2005 || 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 
   || ex  2006 00 || Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99 
   || ex  2007 || Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter, excluding: -     homogenised preparations of bananas 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 
Part XI: Bananas
The bananas sctor shall cover the products
listed in the following table:
 CN codes || Description 
        0803 00 19 || Fresh bananas, excluding plantains 
 ex   0803 00 90 || Dried bananas, excluding plantains 
 ex   0812 90 98 || Bananas provisionally preserved 
 ex   0813 50 99 || Mixtures containing dried bananas 
        1106 30 10 || Flour, meal and powder of bananas 
 ex   2006 00 99 || Bananas preserved by sugar 
 ex   2007 10 99 || Homogenised preparations of bananas 
 ex   2007 99 39 ex   2007 99 50 ex   2007 99 97 || Jams, jellies, marmalades, purées and pastes of bananas 
 ex   2008 92 59 ex   2008 92 78 ex   2008 92 93 ex   2008 92 98 || Mixtures containing bananas otherwise prepared or preserved, not containing added spirit 
 ex   2008 99 49 ex   2008 99 67 ex   2008 99 99 || Bananas otherwise prepared or preserved 
 ex   2009 80 35 ex   2009 80 38 ex   2009 80 79 ex   2009 80 86 ex   2009 80 89 ex   2009 80 99 || Banana juice 
Part XII: Wine
The wine sector shall cover the products
listed in the following table:
 CN code || Description 
 (a)        2009 61       2009 69 || Grape juice (including grape must) 
       2204 30 92       2204 30 94       2204 30 96       2204 30 98 || 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 || Wine vinegar 
 (d)        2206 00 10 || Piquette 
       2307 00 11       2307 00 19 || Wine lees 
       2308 00 11       2308 00 19 || Grape marc 
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:
 CN code || Description 
 (a)        0102 90 05 to       0102 90 79 || Live animals of the domestic bovine species, other than pure-bred breeding animals 
       0201 || Meat of bovine animals, fresh or chilled 
       0202 || Meat of bovine animals, frozen 
       0206 10 95 || Thick skirt and thin skirt, fresh or chilled 
       0206 29 91 || Thick skirt and thin skirt, frozen 
       0210 20 || Meat of bovine animals, salted, in brine, dried or smoked 
       0210 99 51 || Thick skirt and thin skirt, salted, in brine, dried or smoked 
       0210 99 90 || Edible flours and meals of meat or meat offal 
       1602 50 10 || Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal 
       1602 90 61 || Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal 
 (b)        0102 10 || Live bovine pure-bred breeding animals 
 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 || Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products 
       0210 9959 || 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 || 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 
       1602 90 69 || 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. 
Part XVI: Milk and milk products
The milk and milk products sector shall
cover the products listed in the following table:
 CN code || Description 
 (a)        0401 || Milk and cream, not concentrated nor containing added sugar or other sweetening matter 
 (b)        0402 || Milk and cream, concentrated or containing added sugar or other sweetening matter 
 (c)        0403 10 11 to       0403 10 39       0403 9011 to       0403 90 69 || 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)        0406 || Cheese and curd 
 (g)        1702 19 00 || 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 
 (h)        2106 90 51 || Flavoured or coloured lactose syrup 
 (i)  ex   2309 || Preparations of a kind used in animal feeding: 
 –  Preparations and feedingstuffs containing products to which this Regulation applies, directly or by virtue of Regulation (EC) No 1667/2006, except preparations and feedingstuffs falling under Part I of this Annex. 
Part XVII: Pigmeat
The pigmeat sector shall cover the products
listed in the following table:
 CN code || Description 
 (a)  ex  0103 || Live swine, of domestic species, other than pure-bred breeding animals 
 (b)  ex  0203 || Meat of domestic swine, fresh, chilled, or frozen 
 ex  0206 || Edible offal of domestic swine, other than for the manufacture of pharmaceutical products, fresh, chilled or frozen 
 ex  0209 00 || Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked 
 ex  0210 || Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked 
       1501 00 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 || Homogenised preparations of meat, meat offal or blood 
       1602 20 90 || Preparations or preserves of liver of any animal, other than goose or duck 
       1602 41 10       1602 42 10       1602 49 11 to       1602 49 50 || Other preparations and preserves containing meat or offal of domestic swine 
       1602 90 10 || Preparations of blood of any animal 
       1602 90 51 || Other preparations or preserves containing meat or meat offal of domestic swine 
       1902 20 30 || Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin 
Part XVIII: Sheepmeat and goatmeat
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 
 (c)         1602 90 72 || Other prepared or preserved meat or meat offal of sheep or goats, uncooked; 
   ||        1602 90 74 || mixtures of cooked and uncooked meat or offal 
 (d)         1602 90 76        1602 90 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 
Part XIX: Eggs
The eggs sector shall cover the products
listed in the following table:
 CN code || Description 
 (a)         0407 00 11        0407 00 19        0407 00 30 || Poultry eggs, in shell, fresh, preserved or cooked 
 (b)         0408 11 80        0408 19 81        0408 19 89        0408 91 80        0408 99 80 || 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 
Part XX: Poultrymeat
The poultrymeat sector shall cover the
products listed in the following table:
 CN code || Description 
 (a)        0105 || Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls 
 (b)  ex  0207 || Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within point (c) 
 (c)        0207 13 91 || Poultry livers, fresh, chilled or frozen 
       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 || Poultry livers, salted, in brine, dried or smoked 
       0210 99 79 ||   
 (d)        0209 00 90 || Poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked 
 (e)        1501 00 90 || Poultry fat 
 (f)        1602 20 10 || Goose or duck livers, otherwise prepared or preserved 
   ||   
       1602 31 || Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved 
       1602 32 ||   
       1602 39 ||   
Part XXI: Ethyl alcohol of agricultural origin
1.           The ethyl alcohol sector
shall cover the products listed in the following table:
 CN code || Description 
 ex  2207 10 00 || Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher obtained from the agricultural products listed in Annex I to the Treaty 
 ex  2207 20 00 || Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty 
 ex  2208 90 91 and ex  2208 90 99 || 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.
Part XXII: Apiculture products
The apiculture sector shall cover the
products listed in the following table:
 CN code || Description 
      0409 00 00 || Natural honey 
 ex 0410 00 00 || Royal jelly and propolis, edible 
 ex 0511 99 85 || Royal jelly and propolis, non-edible 
 ex 1212 99 70 || Pollen 
 ex 1521 90 || Beeswax 
Part 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.
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 || Description 
 ex  0101 || Live horses, asses, mules and hinnies: 
       0101 10 || – Pure-bred breeding animals: 
       0101 10 10 || – – Horses (a) 
       0101 10 90 || – – Other 
       0101 90 || – Other: 
 – – Horses: 
       0101 90 19 || – – – Other than for slaughter 
       0101 90 30 || – – Asses 
       0101 90 90 || – – Mules and hinnies 
 ex  0102 || Live bovine animals: 
 ex  0102 90 || – Other than pure-bred breeding animals: 
       0102 90 90 || – – Other than domestic species 
 ex  0103 || Live swine: 
       0103 10 00 || – Pure-bred breeding animals (b) 
 – Other: 
 ex  0103 91 || – – Weighing less than 50 kg: 
       0103 91 90 || – – – Other than domestic species 
 ex  0103 92 || – – Weighing 50 kg or more 
 CN code || Description 
       0103 92 90 || – – Other than domestic species 
       0106 || Other live animals 
 ex  0203 || Meat of swine, fresh, chilled or frozen: 
 – Fresh or chilled: 
 ex  0203 11 || – – Carcasses and half-carcasses: 
       0203 11 90 || – – – Other than of domestic swine 
 ex  0203 12 || – – Hams, shoulders and cuts thereof, with bone in: 
       0203 12 90 || – – – Other than of domestic swine 
 ex  0203 19 || – – Other: 
       0203 19 90 || – – – Other than of domestic swine 
 – Frozen: 
 ex  0203 21 || – – Carcasses and half-carcasses: 
       0203 21 90 || – – – Other than of domestic swine 
 ex  0203 22 || – – Hams, shoulders and cuts thereof, with bone in: 
       0203 22 90 || – – – Other than of domestic swine 
 ex  0203 29 || – – Other: 
       0203 29 90 || – – – Other than of domestic swine 
 ex  0205 00 || Meat of asses, mules or hinnies, fresh, chilled or frozen 
 ex  0206 || Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen: 
 ex  0206 10 || – Of bovine animals, fresh or chilled 
       0206 10 10 || – – For the manufacture of pharmaceutical products (c) 
 – Of bovine animals, frozen: 
 ex  0206 22 00 || – – Livers: 
 – – – For the manufacture of pharmaceutical products (c) 
 ex  0206 29 || – – Other: 
       0206 29 10 || – – – For the manufacture of pharmaceutical products (c) 
 ex  0206 30 00 || – Of swine, fresh or chilled: 
 – – For the manufacture of pharmaceutical products (c) 
 – – Other: 
 – – – other than of domestic swine 
 – Of swine, frozen: 
 ex  0206 41 00 || – – Livers: 
 – – – For the manufacture of pharmaceutical products (c) 
 – – – Other: 
 – – – – other than of domestic swine 
 ex 0206 49 00 || – – Other: 
   || – – – Of domestic swine: – – – – For the manufacture of pharmaceutical products (c) 
   || – – – Other 
   ||   
 ex   0206 80 || – Other, fresh or chilled: 
        0206 80 10 || – – For the manufacture of pharmaceutical products (c) 
 – – Other: 
        0206 80 91 || – – – Of horses, asses, mules and hinnies 
 ex   0206 90 || – Other, frozen: 
        0206 90 10 || – – For the manufacture of pharmaceutical products (c) 
 – – Other: 
        0206 90 91 || – – – Of horses, asses, mules and hinnies 
        0208 || Other meat and edible meat offal, fresh, chilled or frozen 
 CN code || Description 
 ex   0210 || Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal: 
 – Meat of swine: 
 ex   0210 11 || – – Hams, shoulders and cuts thereof, with bone in: 
        0210 11 90 || – – – Other than of domestic swine 
 ex   0210 12 || – – Bellies (streaky) and cuts thereof: 
        0210 12 90 || – – – Other than of domestic swine 
 ex   0210 19 || – – Other: 
        0210 19 90 || – – – Other than of domestic swine 
 – Other, including edible flours and meals of meat or meat offal: 
        0210 91 00 || – – Of primates 
        0210 92 00 || – – Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia) 
        0210 93 00 || – – Of reptiles (including snakes and turtles) 
 ex   0210 99 || – – Other: 
 – – – Meat: 
        0210 99 31 || – – – – Of reindeer 
        0210 99 39 || – – – – Other 
 – – – Offal: 
 – – – – Other than of domestic swine, bovine animals, sheep and goats 
        0210 99 80 || – – – – – Other than poultry livers 
 ex   0407 00 || Birds' eggs, in shell, fresh, preserved or cooked: 
        0407 00 90 || – Other than of poultry 
 ex   0408 || Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: 
 – Egg yolks: 
 ex   0408 11 || – – Dried: 
        0408 11 20 || – – – Unfit for human consumption (d) 
 ex   0408 19 || – – Other: 
        0408 19 20 || – – – Unfit for human consumption (d) 
 – Other: 
 ex   0408 91 || – – Dried: 
        0408 91 20 || – – – Unfit for human consumption (d) 
 ex   0408 99 || – – Other: 
        0408 99 20 || – – – Unfit for human consumption (d) 
        0410 00 00 || Edible products of animal origin, not elsewhere specified or included 
        0504 00 00 || Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked 
 ex   0511 || Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: 
        0511 10 00 || – Bovine semen 
 – Other: 
   ||   
 ex   0511 99 || – – Other: 
        0511 99 85 || – – – Other 
 ex   0709 || Other vegetables, fresh or chilled: 
 ex   0709 60 || – Fruits of the genus Capsicum or of the genus Pimenta: 
 – – Other: 
        0709 60 91 || – – – – Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes (c) 
        0709 60 95 || – – – For the industrial manufacture of essential oils or resinoids (c) 
        0709 60 99 || – – – Other 
 CN code || Description 
 ex   0710 || Vegetables (uncooked or cooked by steaming or boiling in water), frozen: 
 ex   0710 80 || – Other vegetables: 
 – – Fruits of the genus Capsicum or of the genus Pimenta: 
        0710 80 59 || – – – Other than sweet peppers 
 ex   0711 || Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: 
 ex   0711 90 || – Other vegetables; mixtures of vegetables: 
 – – Vegetables: 
        0711 90 10 || – – – – Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers 
 ex   0713 || Dried leguminous vegetables, shelled, whether or not skinned or split: 
 ex   0713 10 || – Peas (Pisum sativum): 
        0713 10 90 || – – Other than for sowing 
 ex   0713 20 00 || – Chickpeas (garbanzos): 
 – – Other than for sowing 
 – Beans (Vigna spp., Phaseolus spp.): 
 ex   0713 31 00 || – – Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek: 
 – – – Other than for sowing 
 ex   0713 32 00 || – – Small red (Adzuki) beans (Phaseolus or Vigna angularis): 
 – – – Other than for sowing 
 ex   0713 33 || – – Kidney beans, including white pea beans (Phaseolus vulgaris): 
        0713 33 90 || – – – Other than for sowing 
 ex   0713 39 00 || – – Other: 
 – – – Other than for sowing 
 ex   0713 40 00 || – Lentils: 
 – – Other than for sowing 
 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 || Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled 
 ex   0802 || Other nuts, fresh or dried, whether or not shelled or peeled: 
 ex   0802 90 || – Other: 
 ex   0802 90 20 || – – Areca (or betel) and cola 
 ex   0804 || Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: 
        0804 10 00 || – Dates 
        0902 || Tea, whether or not flavoured 
 ex   0904 || Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10 
        0905 00 00 || Vanilla 
        0906 || Cinnamon and cinnamon-tree flowers 
        0907 00 00 || Cloves (whole fruit, cloves and stems) 
        0908 || Nutmeg, mace and cardamoms 
        0909 || Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries 
 ex   0910 || Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron 
 ex   1106 || Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8: 
        1106 10 00 || – Of the dried leguminous vegetables of heading 0713 
 ex   1106 30 || – Of the products of Chapter 8: 
        1106 30 90 || – – Other than bananas 
 CN code || Description 
 ex   1108 || Starches; inulin: 
        1108 20 00 || – Inulin 
        1201 00 90 || Soya beans, whether or not broken, other than for sowing 
        1202 10 90 || Groundnuts, not roasted or otherwise cooked, in shell, other than for sowing 
        1202 20 00 || Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken 
        1203 00 00 || Copra 
        1204 00 90 || Linseed, whether or not broken, other than for sowing 
        1205 10 90 and ex   1205 90 00 || Rape or colza seeds, whether or not broken, other than for sowing 
        1206 00 91 || Sunflower seeds, whether or not broken, other than for sowing 
        1206 00 99 ||   
        1207 20 90 || Cotton seeds, whether or not broken, other than for sowing 
        1207 40 90 || Sesamum seeds, whether or not broken, other than for sowing 
        1207 50 90 || Mustard seeds, whether or not broken, other than for sowing 
        1207 91 90 || Poppy seeds, whether or not broken, other than for sowing 
        1207 99 91 || Hemp seeds, whether or not broken, other than for sowing 
 ex   1207 99 97 || Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing 
        1208 || Flours and meals of oil seeds or oleaginous fruits, other than those of mustard 
 ex   1211 || 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; 
 ex   1212 || Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: 
 ex   1212 99 || – – Other than sugar cane : 
        1212 99 41 and        1212 99 49 || – – – Locust bean seeds 
 ex   1212 99 70 || – – – Other, excluding chicory root 
        1213 00 00 || Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets 
 ex   1214 || Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets: 
 ex   1214 10 00 || – Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne otherwise dried and ground 
 ex   1214 90 || – Other: 
        1214 90 10 || – – Mangolds, swedes and other fodder roots 
 ex   1214 90 90 || – – Other, excluding: 
 – Lucerne, sainfoin, clover, lupines, vetches 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 
 ex   1502 00 || Fats of bovine animals, sheep or goats, other than those of heading 1503: 
 ex   1502 00 10 || – For industrial uses other than the manufacture of foodstuffs for human consumption, excluding fats obtained from bones and waste (c) 
        1503 00 || Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared 
 ex   1504 || 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 
        1507 || Soya-bean oil and its fractions, whether or not refined, but not chemically modified 
        1508 || Groundnut oil and its fractions, whether or not refined, but not chemically modified 
        1511 || Palm oil and its fractions, whether or not refined, but not chemically modified 
        1512 || Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified 
 CN code || Description 
        1513 || Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified 
        1514 || Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified 
 ex   1515 || Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their fractions, whether or not refined, but not chemically modified 
 ex   1516 || Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10) 
 ex   1517 || Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93 
        1518 00 31        1518 00 39 || Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture of foodstuffs for human consumption (c) 
        1522 00 91 || Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil 
        1522 00 99 || Other residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil 
 ex   1602 || Other prepared or preserved meat, meat offal or blood: 
 – Of swine: 
 ex   1602 41 || – – Hams and cuts thereof: 
        1602 41 90 || – – – Other than of domestic swine 
 ex   1602 42 || – – Shoulders and cuts thereof: 
        1602 42 90 || – – – Other than of domestic swine 
 ex   1602 49 || – – Other, including mixtures: 
        1602 49 90 || – – – Other than of domestic swine 
 ex   1602 90 || – Other, including preparations of blood of any animal: 
 – – Other than preparations of blood of any animal: 
        1602 90 31 || – – – Of game or rabbit 
   || – – – Other: 
 – – – – Other than containing the meat or meat offal of domestic swine: 
 – – – – – Other than containing bovine meat or offal: 
        1602 90 99 || – – – – – – Other than of sheep or goats 
 ex   1603 00 || Extracts and juices of meat 
        1801 00 00 || Cocoa beans, whole or broken, raw or roasted 
        1802 00 00 || Cocoa shells, husks, skins and other cocoa waste 
 ex   2001 || Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: 
 ex   2001 90 || – Other: 
        2001 90 20 || – – Fruits of the genus Capsicum other than sweet peppers or pimentos 
 ex   2005 || Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: 
 ex   2005 99 || – Other vegetables and mixtures of vegetables: 
        2005 99 10 || – – Fruits of the genus Capsicum other than sweet peppers or pimentos 
 ex   2206 || Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: 
        2206 00 31 to        2206 00 89 || – Other than piquette 
 ex   2301 || Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: 
        2301 10 00 || – Flours, meals and pellets, of meat or meat offal; greaves 
 CN code || Description 
 ex   2302 || Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants: 
        2302 50 00 || – Of leguminous plants 
        2304 00 00 || Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil 
        2305 00 00 || Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil 
 ex   2306 || 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) 
 ex   2307 00 || Wine lees; argol: 
        2307 00 90 || – Argol 
 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 90 || – Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes 
 ex   2309 || Preparations of a kind used in animal feeding: 
 ex   2309 10 || – Dog or cat food, put up for retail sale: 
        2309 10 90 || – – Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products 
 ex   2309 90 || – Other: 
        2309 90 10 || – – Other, including premixes: – – Fish or marine mammal solubles 
 ex   2309 90 91 to        2309 90 99 || – – – 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 || Description || 
 0101 90 11 || Live horses, for slaughter (a) || 
 ex 0205 00 || Meat of horses, fresh, chilled or frozen || 
 0210 99 10 || Horsemeat, salted in brine or dried || 
 0511 99 10 || Sinews or tendons; parings and similar wastes of raw hides or skins || 
 0701 || Potatoes, fresh or chilled || 
 0901 || Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion || 
 1105 || 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)). 
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)     ‘Husked rice’ means paddy rice from
which only the husk has been removed. Examples of rice falling within this
definition are those with the commercial descriptions ‘brown rice’, ‘cargo
rice’, ‘loonzain’ and ‘riso sbramato’.
(c)     ‘Semi-milled rice’ means paddy rice
from which the husk, part of the germ and the whole or part of the outer layers
of the pericarp but not the inner layers have been removed.
(d)     ‘Wholly milled rice’ means paddy rice
from which the husk, the whole of the outer and inner layers of the pericarp,
the whole of 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.      (a)        ‘Round grain rice’ means
rice, the grains of which are of a length not exceeding 5,2 mm and of a
length/width ratio of less than 2.
(b)     ‘Medium grain rice’ means rice, the
grains of which are of a length exceeding 5,2 mm but not exceeding
6,0 mm and of a length/width ratio no greater than 3.
(c)     ‘Long grain rice’ means:
(i)      long grain rice A, rice, the grains
of which are of a length exceeding 6,0 mm and of which the length/width
ratio is greater than 2 but less than 3;
(ii)      long grain rice B, rice, the grains
of which are of a length exceeding 6,0 mm and of which the length/width
ratio 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;
(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.      ‘Grains showing natural malformation’
means grains showing a natural malformation whether or not of hereditary
origin, as compared with the morphological characteristics typical of the
variety.
F.      ‘Chalky grains’ means grains at least
three-quarters of the surface of which looks opaque and chalky.
G.      ‘Grains striated with red’ means
grains showing longitudinal red striations of differing intensity and shades,
due to residues from the pericarp.
H.      ‘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 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.       ‘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.
K.     ‘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.
Part II: Definitions concerning the hops sector
1.           ‘hops’ means the dried
inflorescences, also known as cones, of the (female) climbing hop plant (Humulus
lupulus); these inflorescences, which are greenish yellow and of an ovoid
shape, have a flower stalk and their longest dimension generally varies from 2
to 5 cm;
2.           ‘hop powder’ means the
product obtained by milling the hops, containing all the natural elements
thereof;
3.           ‘hop powder with higher lupulin
content’ means the product obtained by milling the hops after mechanical
removal of a part of the leaves, stalks, bracts and rachides;
4.           ‘extract of hops’ means
the concentrated products obtained by the action of a solvent on the hops or on
the hop powder;
5.           ‘mixed hop products’ means
a mixture of two or more of the products referred to in points (1)
to (4).
Part III: Definitions concerning the
wine sector
Vine-related
1.           “Grubbing-up” means the
complete elimination of all vine stocks on an area planted with vines.
2.           “Planting” means the
definitive establishment of vine plants or parts of vine plants, whether or not
grafted, with a view to producing grapes or to establishing a graft nursery.
3.           “Grafting-on” means the
grafting of a vine which has already been subject to a previous grafting.
Produce-related
4.           “Fresh grapes” means the
fruit of the vine used in making wine, ripe or even slightly raisined, which
may be crushed or pressed by normal wine-cellar means and which may
spontaneously produce alcoholic fermentation.
5.           “Fresh grape must with
fermentation arrested by the addition of alcohol” means a product which:
(a)     has an actual alcoholic strength of
not less than 12 % volume and not more than 15 % volume;
(b)     is obtained by addition to unfermented
grape must, which has a natural alcoholic strength of not less than 8,5 %
volume and is exclusively derived from wine grape varieties classifiable
according to Article 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;
(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)     has an actual alcoholic strength of
not less than 18 % volume and not more than 24 % volume;
(b)     is obtained exclusively by the
addition to wine containing no residual sugar of an unrectified product derived
from the distillation of wine and having a maximum actual alcoholic strength of
86 % volume; or
(c)     has a maximum volatile acidity of 1,5
grams per litre, expressed as acetic acid.
12.         “Cuvée” means:
(a)     the grape must;
(b)     the wine; or
(c)     the mixture of grape musts and/or
wines with different characteristics,
intended for the preparation of a specific
type of sparkling wine.
Alcoholic strength
13.         “Actual alcoholic strength
by volume” means the number of volumes of pure alcohol contained at a
temperature of 20 °C in 100 volumes of the product at that
temperature.
14.         “Potential alcoholic
strength by volume” means the number of volumes of pure alcohol at a
temperature of 20 °C capable of being produced by total fermentation of
the sugars contained in 100 volumes of the product at that temperature.
15.         “Total alcoholic strength
by volume” means the sum of the actual and potential alcoholic strengths.
16.         “Natural alcoholic strength
by volume” means the total alcoholic strength by volume of a product before any
enrichment.
17.         “Actual alcoholic strength
by mass” means the number of kilograms of pure alcohol contained in 100
kilograms of product.
18.         “Potential alcoholic
strength by mass” means the number of kilograms of pure alcohol capable of
being produced by total fermentation of the sugars contained in 100 kilograms
of product.
19.         “Total alcoholic strength
by mass” means the sum of the actual and potential alcoholic strength.
Part IV: Definitions concerning the beef and veal sector
1.           ‘bovine animals’ means
live animals of the domestic bovine species falling within CN codes
ex 0102 10, 0102 90 05 to 0102 90 79;
2.           ‘adult bovine animals’
means bovine animals 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.
Part VI: Definitions concerning the eggs sector
1.           ‘eggs in shell’ means
poultry eggs in shell, fresh, preserved, or cooked, other than eggs for
hatching specified in 2.;
2.           ‘eggs for hatching’ means
poultry eggs for hatching;
3.           ‘whole products’ means
birds' eggs not in shell, whether or not containing added sugar or other
sweetening matter suitable for human consumption;
4.           ‘separated products’ means
birds' egg yolks, whether or not containing added sugar or other sweetening
matter suitable for human consumption.
Part VII: Definitions concerning the poultrymeat sector
1.           ‘live poultry’ means live
fowls, ducks, geese, turkeys and guinea fowls each weighing more than
185 grams;
2.           ‘chicks’ means live fowls,
ducks, geese, turkeys and guinea fowls, each weighing not more than
185 grams;
3.           ‘slaughtered poultry’
means dead fowls of the species gallus domesticus, ducks, geese, turkeys and
guinea fowls, whole, with or without offal;
4.           ‘derived products’ means
the following:
(a)     products specified in point (a) of
Part XX of Annex I;
(b)     products specified in point (b) of
Part XX of Annex I, excluding slaughtered poultry and edible offal,
known as ‘poultry cuts’;
(c)     edible offals specified in point (b)
of Part XX of Annex I;
(d)     products specified in point (c) of
Part XX of Annex I;
(e)     products specified in points (d) and
(e) of Part XX of Annex I;
(f)      products referred to in point (f) of
Part XX of Annex I, other than those products falling within CN codes
1602 20 11 and 1602 20 19.
Part VIII: Definitions concerning the apiculture sector
1.           ‘Honey’ means the natural
sweet substance produced by Apis mellifera bees from the nectar of
plants or from secretions of living parts of plants or excretions of
plant-sucking insects on the living parts of plants, which 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.
2.           ‘Apiculture products’
means honey, beeswax, royal jelly, propolis or pollen.
ANNEX III
STANDARD QUALITY OF
RICE AND SUGAR AS REFERRED TO IN ARTICLE 7
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 || 1,5 % 
 chalky grains of paddy rice under CN codes other than CN 1006 10 27 and CN 1006 10 98: || 2,0 % 
 grains striated with red || 1,0 % 
 spotted grains || 0,50 % 
 stained grains || 0,25 % 
 yellow grains || 0,02 % 
 amber grains || 0,05 % 
B.           Standard qualities for sugar
I.       Standard quality for sugar beet
Standard quality beet shall:
(a)     be of sound and fair merchantable
quality;
(b)     have a sugar content of 16 % at
the reception point.
II.      Standard quality for white sugar
1.       White sugar of the standard quality
shall have the following characteristics:
(a)     be of sound, genuine and merchantable
quality; dry, in homogeneous granulated crystals, free-flowing;
(b)     minimum polarisation: 99,7;
(c)     maximum moisture content: 0,06 %;
(d)     maximum invert sugar content: 0,04 %;
(e)     the number of points determined under
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.       Raw sugar of the standard quality
shall be sugar with a yield in white sugar of 92 %.
2.       The yield of raw beet sugar shall be
calculated by subtracting from the degree of polarisation of that sugar:
(a)     its percentage ash content multiplied
by four;
(b)     its percentage invert sugar content
multiplied by two;
(c)     the number 1.
3.       The yield of raw cane sugar shall be
calculated by subtracting 100 from the degree of polarisation of that sugar
multiplied by two.
ANNEX IV
BUDGET FOR SUPPORT PROGRAMMES
REFERRED TO IN ARTICLE 41(1)
in 1 000 EUR per budget year
 BG || 26 762 
 CZ || 5 155 
 DE || 38 895 
 EL || 23 963 
 ES || 353 081 
 FR || 280 545 
 IT || 336 997 
 CY || 4 646 
 LT || 45 
 LU || 588 
 HU || 29 103 
 MT || 402 
 AT || 13 688 
 PT || 65 208 
 RO || 42 100 
 SI || 5 045 
 SK || 5 085 
 UK || 120 
ANNEX V
INTERNATIONAL ORGANISATIONS
REFERRED TO IN ARTICLE 56(3)
- Codex Alimentarius
- United Nations Economic Commission for
Europe
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
Category identification letter: Z.
II.          Sales
descriptions
1.           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 || veau, viande de veau/kalfsvlees/Kalbfleisch 
 Bulgaria || месо от малки телета 
 Czech Republic || Telecí 
 Denmark || Lyst kalvekød 
 Germany || Kalbfleisch 
 Estonia || Vasikaliha 
 Greece || μοσχάρι γάλακτος 
 Spain || Ternera blanca, carne de ternera blanca 
 France || veau, viande de veau 
 Ireland || Veal 
 Italy || vitello, carne di vitello 
 Cyprus || μοσχάρι γάλακτος 
 Latvia || Teļa gaļa 
 Lithuania || Veršiena 
 Luxembourg || veau, viande de veau/Kalbfleisch 
 Hungary || Borjúhús 
 Malta || Vitella 
 Netherlands || Kalfsvlees 
 Austria || Kalbfleisch 
 Poland || Cielęcina 
 Portugal || Vitela 
 Romania || carne de vițel 
 Slovenia || Teletina 
 Slovakia || Teľacie mäso 
 Finland || vaalea vasikanliha/ljust kalvkött 
 Sweden || ljust kalvkött 
 United Kingdom || 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 || jeune bovin, viande de jeune bovin/jongrundvlees/Jungrindfleisch 
 Bulgaria || Телешко месо 
 Czech Republic || hovězí maso z mladého skotu 
 Denmark || Kalvekød 
 Germany || Jungrindfleisch 
 Estonia || noorloomaliha 
 Greece || νεαρό μοσχάρι 
 Spain || Ternera, carne de ternera 
 France || jeune bovin, viande de jeune bovin 
 Ireland || rosé veal 
 Italy || vitellone, carne di vitellone 
 Cyprus || νεαρό μοσχάρι 
 Latvia || jaunlopa gaļa 
 Lithuania || Jautiena 
 Luxembourg || jeune bovin, viande de jeune bovin/Jungrindfleisch 
 Hungary || Növendék marha húsa 
 Malta || Vitellun 
 Netherlands || rosé kalfsvlees 
 Austria || Jungrindfleisch 
 Poland || młoda wołowina 
 Portugal || Vitelão 
 Romania || carne de tineret bovin 
 Slovenia || meso težjih telet 
 Slovakia || mäso z mladého dobytka 
 Finland || vasikanliha/kalvkött 
 Sweden || Kalvkött 
 United Kingdom || Beef 
2.           The sales descriptions
referred to in point 1 may be supplemented by an indication of the name or
designation of the pieces of meat or offal concerned.
3.           The sales descriptions
listed for 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.
4.           The
conditions referred to in 1 shall not apply to the meat of bovine animals for
which a protected designation of origin or geographical indication has been
registered in accordance with Regulation (EC) No 510/2006, before 29 June 2007.

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: 
(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,
–              
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
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). 
          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)     is obtained from wine without a
protected designation of origin or a protected geographical indication;
(b)     releases, when the container is
opened, carbon dioxide derived wholly or partially from an addition of that
gas; and
(c)     has an excess pressure, due to carbon
dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C
in closed containers.
(8)     Semi-sparkling wine
Semi-sparkling wine shall be the product
which:
(a)     is obtained from wine provided that
such wine has a total alcoholic strength of not less than 9 % volume;
(b)     has an actual alcoholic strength of
not less than 7 % volume;
(c)     has an excess pressure, due to
endogenous carbon dioxide in solution of not less than 1 bar and not more than
2,5 bar when kept at a temperature of 20 °C in closed containers; and
(d)     is placed in containers of 60 litres
or less.
(9)     Aerated semi-sparkling wine
Aerated semi-sparkling wine shall be the
product which:
(a)     is obtained from wine;
(b)     has an actual alcoholic strength of
not less than 7 % volume and a total alcoholic strength of not less than 9 %
volume;
(c)     has an excess pressure of not less
than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in
closed containers due to carbon dioxide in solution which has been wholly or
partially added; and
(d)     is placed in containers of 60 litres
or less.
(10)   Grape must
         Grape must shall be the liquid
product obtained naturally or by physical processes from fresh grapes. An
actual alcoholic strength of the grape must of not more than 1 % volume is
permissible.
(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:
–              
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.
Member States may prescribe a period of ageing
for this product.
(17)   Wine vinegar
Wine vinegar shall be vinegar which:
(a)     is obtained exclusively by acetous
fermentation of wine; and
(b)     has a total acidity of not less than
60 grams per litre expressed as acetic acid.
Part III.Milk and milk products
1.      The term 'milk' means exclusively the
normal mammary secretion obtained from one or more milkings without either
addition thereto or extraction therefrom.
However, the term 'milk' may be used:
(a)     for milk treated without altering its
composition or for milk the fat content of which is standardised under Part IV
of this Annex;
(b)     in association with a word or words to
designate the type, grade, origin and/or intended use of such milk or to
describe the physical treatment or the modification in composition to which it
has been subjected, provided that the modification is restricted to an addition
and/or withdrawal of natural milk constituents.
2.      For the purposes of this Part, 'milk
products' means products derived exclusively from milk, on the understanding
that substances necessary for their manufacture may be added provided that
those substances are not used for the purpose of replacing, in whole or in
part, any milk constituent.
The following shall be reserved exclusively
for milk products.
(a)     the following names used at all stages
of marketing:
(i)      whey,
(ii)      cream,
(iii)     butter,
(iv)     buttermilk,
(v)     butteroil,
(vi)     caseins,
(vii)    anhydrous milkfat (AMF),
(viii)   cheese,
(ix)     yogurt,
(x)     kephir,
(xi)     koumiss,
(xii)    viili/fil,
(xiii)   smetana,
(xiv)   fil;
(b)     names within the meaning of Article 5
of Directive 2000/13/EC actually used for milk products.
3.      The term ‘milk’ and the designations
used for milk products may also be used in association with a word or words to
designate composite products of which no part takes or is intended to take the
place of any milk constituent and of which milk or a milk product is an
essential part either in terms of quantity or for characterisation of the
product.
4.      The origin of milk and milk products
to be defined by the Commission shall be stated if it is not bovine.
5.      The designations referred to in points
1, 2 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.
6.      In respect of a product other than
those described in points 1, 2 and 3 of this Part, no label, commercial
document, publicity material or any form of advertising as defined in Article 2
of Council Directive 2006/114/EC[48]
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;
(b)     ‘drinking milk’ means the products
referred to in point III intended for delivery without further processing to
the consumer;
(c)     ‘fat content’ means the ratio by mass
of parts of milk fat per hundred parts of milk in the milk concerned;
(d)     ‘protein content’ means the ratio by
mass of parts of protein per hundred parts of milk in the milk concerned
(obtained by multiplying by 6,38 the total nitrogen content of the milk
expressed as a percentage by mass).
II.      Delivery or sale to the final
consumer
(1)     Only milk complying with the
requirements laid down for drinking milk may be delivered or sold without
processing to the final consumer, either directly or through the intermediary
of restaurants, hospitals, canteens or other similar mass caterers.
(2)     The sales descriptions to be used for
those products shall be those given in point III of this 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);
(c)     semi-skimmed milk: heat-treated milk
whose fat content has been reduced to at least 1,50 % (m/m) and at most 1,80 %
(m/m);
(d)     skimmed-milk: heat-treated milk whose
fat content has been reduced to not more than 0,50 % (m/m).
          Heat-treated milk not complying with
the fat content requirements laid down in points (b), (c) and (d) of the first
subparagraph shall be considered drinking milk provided that the fat content is
clearly indicated with one decimal and easily readable on the packaging in form
of “… % fat”. Such milk shall not be described as whole milk, semi-skimmed milk
or skimmed milk.
2.       Without prejudice to point 1(b)(ii),
only the following modifications shall be allowed:
(a)     in order to meet the fat contents laid
down for drinking milk, modification of the natural fat content by the removal
or addition of cream or the addition of whole milk, semi-skimmed milk or
skimmed milk;
(b)     enrichment of milk with milk proteins,
mineral salts or vitamins, 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 foods[49];
(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/EEC[50]. Where proteins are added, the
protein content of the enriched milk must be 3,8 % (m/m) or more.
          However, Member States may limit or
prohibit modifications to the composition of milk referred to in points (b) and
(c).
3.       Drinking milk shall:
(a)     have a freezing point close to the
average freezing point for raw milk recorded in the area of origin of the
drinking milk collected;
(b)     have a mass of not less than 1028
grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of 20°C
or the equivalent weight per litre for milk having a different fat content;
(c)     contain a minimum of 2,9 % (m/m) of
protein for milk containing 3,5 % (m/m) of fat or an equivalent concentration
in the case of milk having a different fat content.
Part V.Products
of the poultrymeat 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)     'poultrymeat' means poultrymeat
suitable for human consumption, which has not undergone any treatment other
than cold treatment;
(2)     “fresh poultrymeat” means poultrymeat
which has not been stiffened at any time by the cooling process prior to 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;
(3)     “frozen poultrymeat” means poultrymeat
which must be frozen as soon as possible within the constraints of normal
slaughtering procedures and is to be kept at a temperature no higher than – 12
°C at any time
(4)     'quick-frozen poultrymeat' means
poultrymeat which is to be kept at a temperature no higher than -18°C at any
time within the tolerances as provided for in Council Directive 89/108/EEC[51].
(5)     “poultrymeat preparation” means
poultrymeat including poultrymeat that has been reduced to fragments, which has
had foodstuffs, seasonings or additives added to it or which has undergone
processes insufficient to modify the internal muscle fibre structure of the
meat;
(6)     “fresh poultrymeat preparation” means
a poultrymeat preparation for which fresh poultrymeat has been used. 
          However, Member States may lay down
slightly different temperature requirements to be applied for the minimum
length of time necessary and only to the extent necessary to facilitate the
cutting and handling performed in the factory during the production of fresh
poultrymeat preparations;
(7)     “poultrymeat product” means a meat
product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for
which poultrymeat has been used.
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.
 Fat group || Sales description || Product categories 
 Definitions || Additional description of the category with an indication of the % fat content by weight 
 A. Milk fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived exclusively from milk and/or certain milk products, for which the fat is the essential constituent of value. However, other substances necessary for their manufacture may be added, provided those substances are not used for the purpose of replacing, either in whole or in part, any milk constituents. || 1. Butter 2. Three-quarter fat butter (*) 3. Half fat butter (**) 4. Dairy spread X % || The product with a milk-fat content of not less than 80 % but less than 90 %, a maximum water content of 16 % and a maximum dry non-fat milk-material content of 2 %. The product with a milk-fat content of not less than 60 % but not more than 62 %. The product with a milk-fat content of not less than 39 % but not more than 41 %. The product with the following milk-fat contents: -        less than 39 %, -        more than 41 % but less than 60 %, -        more than 62 % but less than 80 %. 
 B. Fats Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animal fats suitable for human consumption, with a milk-fat content of not more than 3 % or the fat content. || 1. Margarine 2. Three-quarter-fat margarine (***) 3. Half-fat margarine (****) 4. Fat spreads X % || The product obtained from vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %. The product obtained from vegetable and/or animal fats with a fat content of not less than 60 % but nor more than 62 %. The product obtained from vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %. The product obtained from vegetable and/or animal fats with the following fat contents: -       less than 39 %, -       more than 41 % but less than 60 %, -       more than 62 % but less than 80 %. 
 Fat group || Sales description || Product categories 
 Definitions || Additional description of the category with an indication of the % fat content by weight 
 C. Fats composed of plant and/or animal products Products in the form of a solid, malleable emulsion principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animals fats suitable for human consumption, with a milk-fat content of between 10 % and 80 % of the fat content. || 1. Blend 2. Three-quarter-fat blend (*****) 3. Half-fat blend (******) 4. Blended spread X % || The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %. The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 60 % but not more than 62 %. The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %. The product obtained from a mixture of vegetable and/or animal fats with the following fat contents: -       less than 39 %, -       more than 41 % but less than 60 %, -       more than 62 % but less than 80 %. 
 (*)             corresponding to ‘smør 60’ in Danish. (**)           corresponding to ‘smør 40’ in Danish. (***)         corresponding to ‘margarine 60’ in Danish. (****)       corresponding to ‘margarine 40’ in Danish. (*****)     corresponding to ‘blandingsprodukt 60’ in Danish. (******)   corresponding to ‘blandingsprodukt 40’ in Danish. 
Note:   The milk-fat component of the products
listed in this Part may be modified only by physical processes.
Part VII.Descriptions and definitions of olive oil and olive pomace oils
The use of the descriptions and definitions of
olive oils and olive pomace oils set out in this Part shall be compulsory as
regards the marketing of the products concerned within the Union and, insofar
as compatible with international compulsory rules, in trade with third
countries.
Only oils referred to in points 1(a) and (b), 3
and 6 of this Part may be marketed at the retail stage.
(1)     VIRGIN OLIVE OILS
         Oils obtained from the fruit of the
olive tree solely by mechanical or other physical means under conditions that
do not lead to alterations in the oil, which have not undergone any treatment
other than washing, decantation, centrifugation or filtration, to the exclusion
of oils obtained using solvents or using adjuvants having a chemical or
biochemical action, or by re-esterification process and any mixture with oils
of other kinds.
         Virgin olive oils are exclusively
classified and described as follows:
(a)     Extra virgin olive oil
          Virgin olive oil having a maximum
free acidity, in terms of oleic acid, of 0,8 g per 100 g, the other
characteristics of which comply with those laid down for this category.
(b)     Virgin olive oil
          Virgin olive oil having a maximum
free acidity, in terms of oleic acid, of 2 g per 100 g, the other
characteristics of which comply with those laid down for this category.
(c)     Lampante olive oil
          Virgin olive oil having a free
acidity, in terms of oleic acid, of more than 2 g per 100 g, and/or the
other characteristics of which comply with those laid down for this category.
(2)     REFINED OLIVE OIL
         Olive oil obtained by refining virgin
olive oil, having a free acidity content expressed as oleic acid, of not more
than 0,3 g per 100 g, and the other characteristics of which comply with those
laid down for this category.
(3)     OLIVE OIL — COMPOSED OF REFINED OLIVE
OILS AND VIRGIN OLIVE OILS
         Olive oil obtained by blending
refined olive oil and virgin olive oil other than lampante olive oil, having a
free acidity content expressed as oleic acid, of not more than 1 g per 100 g,
and the other characteristics of which comply with those laid down for this
category.
(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,
–              
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)     in the Czech Republic, the
wine-growing region of Morava and the areas planted with vines not included in
point 1(d);
(e)     in Slovakia, the areas planted with
vines in the following regions: Malokarpatská vinohradnícka oblast,
Južnoslovenská vinohradnícka oblast, Nitrianska vinohradnícka oblast,
Stredoslovenská vinohradnícka oblast, Východoslovenská vinohradnícka oblast and
the wine growing areas not included in point 3(f);
(f)      in Slovenia, the areas planted with
vines in the following regions:
–              
in the Podravje region: Štajerska Slovenija,
Prekmurje,
–              
in the Posavje region: Bizeljsko 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;
(c)     in Spain, areas planted with vines in
the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;
(d)     in Portugal, areas planted with vines
in that part of the region of Norte which corresponds to the designated wine
area of ‘Vinho Verde’ as well as the “Concelhos de Bombarral, Lourinhã, Mafra e
Torres Vedras” (with the exception of ‘Freguesias da Carvoeira e Dois Portos”),
belonging to the ‘Região viticola da Extremadura’,
(e)     in Hungary, all areas planted with
vines,
(f)      in Slovakia, areas planted with vines
in the Tokajská vinohradnícka oblast,
(g)     in Romania, areas planted with vines
not included in 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,
–              
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)     in Slovenia, areas planted with vines
in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras
and Slovenska Istra;
(e)     in Bulgaria, areas planted with 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;
(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.
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.      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.
3.      The addition of sucrose provided for
in points 1(a) and (b) may only be performed by dry sugaring and only in the
following areas:
(a)     wine-growing zone A;
(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)     shall not have the effect of reducing
the initial volume of these products by more than 20 %;
(b)     shall, notwithstanding point (2)(c) of
Section A, not increase the natural alcoholic strength of these 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;
(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)     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;
(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
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.      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.
5.      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.
6.      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.
Part II
Restrictions
A.           General
1.      All authorised oenological practices
shall exclude the addition of water, except where required on account of a
specific technical necessity.
2.      All authorised oenological practices
shall exclude the addition of alcohol, except for practices related to
obtaining fresh grape must with fermentation arrested by the addition of
alcohol, liqueur wine, sparkling wine, wine fortified for distillation and
semi-sparkling wine.
3.      Wine fortified for distillation shall
only be used for distillation.
B.           Fresh grapes, grape must and
grape juice
1.      Fresh grape must in which fermentation
is arrested by the addition of alcohol shall be used only during the stage of
preparation of products which do not fall under CN codes 2204 10, 2204 21 and
2204 29. This is without prejudice to any stricter provisions which Member
States may apply to the preparation in their territory of products which do not
fall under CN codes 2204 10, 2204 21 and 2204 29.
2.      Grape juice and concentrated grape
juice shall not be made into wine or added to wine. They shall not undergo
alcoholic fermentation in the territory of the Union.
3.      The provisions of points 1 and 2 shall
not apply to products intended for the production, in the United Kingdom,
Ireland and Poland, of products falling within CN code 2206 00 for which Member
States may allow the use of a composite name, including the sales designation
‘wine’.
4.      Grape must in fermentation extracted
from raisined grapes shall be put on the market only for the manufacture of
liqueur wines only in the wine-growing regions where this usage was traditional
on 1 January 1985, and for the manufacture of wine of overripe grapes.
5.      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.
2.      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.
3.      The pressing of wine lees and the
re-fermentation of grape marc for purposes other than distillation or
production of piquette is prohibited. The filtering and centrifuging of wine
lees shall not be considered as 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).
ANNEX VIII
CORRELATION TABLES
REFERRED TO IN ARTICLE 163
 Regulation (EU) No [COM(2010)799] || This Regulation 
 1 || 1 
 2(1) || 3(1) 
 2(2)(a) and (b) || - 
 2(2)(c) || 14(1) 
 3 || 6 
 4 || 3(3) 
 5 || 5 
 6(1) || - 
 6(2) || 9, 10(d), (e) 
 7 || 9 
 8 || 7 
 9 || - 
 10 || 10 
 11 || 11 
 12 || 12 
 13 || 13 
 14 || 14(2), (3) 
 15 || 15 
 16 || - 
 17 || - 
 18 || - 
 19 || - 
 20 || [16(1)(c), (d)] 
 21 || - 
 22 || 16 
 23 || - 
 24 || [17] 
 25 || [17] 
 26 || [17] 
 27 || [17] 
 28 || [18(5)] 
 29 || [18(7)(a), 19(k)(ii)] 
 30 || [18(5)] 
 31 || 18 
 32 || 19 
 33 || 20 
 34 || [18(8), (9)] 
 35 || [18(8), (9)] 
 36 || 19 
 37 || 155(1)(a), (2), (3), (4) 
 38 || 155(1)(b), (2), (3) 
 39 || 155(5) 
 40 || 154 
 41 || 154 
 42 || - 
 43(1), (3)-(7) || - 
 43(2) || 101(1) 
 44 || - 
 45 || - 
 46(a), (c) || - 
 46(b) || 101(2) 
 47 || 112 
 48 || 115 
 49 || - 
 50 || - 
 51 || - 
 52 || - 
 53 || - 
 54 || - 
 55 || - 
 56 || - 
 57 || - 
 58 || - 
 59 || - 
 60 || - 
 61 || - 
 62 || - 
 63 || - 
 64 || - 
 65 || - 
 66 || - 
 67 || - 
 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 || - 
 93 || - 
 94 || - 
 95 || - 
 96 || - 
 97 || - 
 98(1) || 113 
 98(2), (3) || 157 
 99 || - 
 100 || - 
 101 || - 
 102 || - 
 103 || - 
 104 || - 
 105 || - 
 106 || - 
 107 || - 
 108 || 24 and 152 
 109 || 25 
 110 || 26 
 111 || - 
 112 || - 
 113 || - 
 114 || 27 
 115 || 28 
 116 || 29 
 117 || - 
 118 || - 
 119 || - 
 120 || 30 
 121 || 31 
 122 || 32 
 123 || 33 
 124 || 34, [31(b)] 
 125 || 35(a), [136(2)] 
 126 || 35 
 127 || 36 
 128 || 21 and 152 
 129 || 22 
 130 || 23 
 131 || 37 
 132 || 38 
 133 || 39, [50(a)], [51(a)] 
 134 || [50(a)] 
 135 || 40 
 136(1)-(3) || 41 
 136(4) || 147 
 137 || 42 
 138 || 43 
 139 || 44 
 140 || 45 
 141 || 46 
 142 || 47 
 143 || 48 
 144 || 49 
 145 || - 
 146 || 50 
 147 || 51 
 148(1) || 52(1) 
 148(2) || 150 
 149 || [53(a)] 
 150 || 52(3) 
 151(1) || 52(2) 
 151(2) || - 
 152 || [53(b)] 
 153 || 53(a), (c) 
 154 || 54 
 155 || - 
 156 || - 
 157 || - 
 158 || 55 
 159 || 56 
 160 || 57 
 161 || 58 
 162 || 59 
 163 || 60 
 164 || 61 
 165 || 62 
 166 || 63 
 167 || 64 
 168 || 65 
 169 || 66 
 170 || 67 
 171 || - 
 172 || 68 
 173 || 69 
 174 || 70 
 175 || 71, [86(4)] 
 176 || 71(3), [86(4)] 
 177 || 72, [86(4)] 
 178 || 73, [86(4)] 
 179 || 74, [86(4)] 
 180 || 75 
 181 || 76 
 182 || 77 
 183 || 78 
 184 || 79 
 185 || 80 
 186 || 81 
 187 || - 
 188 || - 
 189 || 82 
 190 || 83 
 191 || 84 
 192 || 85 
 193 || 86 
 194 || 87 
 195 || 88 
 196 || 89 
 197 || 90 
 198 || 91 
 199 || 92 
 200 || 93 
 201 || 94 
 202 || 95 
 203 || 96 
 204 || 97 
 205 || 98 
 206 || - 
 207 || 99 
 208 || 100 
 209 || 106 
 210 || 108 
 211(1) || - 
 211(2) || [164] 
 212 || 109 
 213 || [114] 
 214 || [114] 
 215 || 107, [114] 
 216 || [114] 
 217 || - 
 218 || 110, [116] 
 219 || [157] 
 220 || [116] 
 221 || 111 
 222 || 110 
 223 || [114, 116] 
 224 || 110 
 225 || [114, 116, 157] 
 226 || 111 
 227(1) and (3) || [114, 116] 
 227(2) || [164] 
 228 || 111, [116] 
 229 || 105 
 230 || 114, 115 
 231 || - 
 232 || - 
 233 || 117(1), [118(1)(a)] 
 234 || 117(2) 
 235 || 117(3) 
 236 || [118(2)(e)] 
 237(1) || 122 
 237(2) || 130 
 238 || 118 
 239 || 119 
 240 || - 
 241 || [121] 
 242 || [121] 
 243 || [121] 
 244 || [121] 
 245 || [121] 
 246 || 122 
 247 || 123 
 248 || - 
 249 || 121 
 250 || 121 
 251 || 125 
 252 || [126(1)] 
 253 || 126(1) 
 254 || 127 
 255 || 128 
 256 || [121] 
 257 || [121] 
 258 || [121] 
 259 || [121] 
 260 || - 
 261 || - 
 262 || - 
 263 || 129 
 264 || - 
 265 || 131 
 266 || 132 
 267 || 117 
 268 || 118 
 269 || 119 
 270 || 120 
 271 || 133 
 272 || 134 
 273 || 135 
 274 || 136 
 275 || 137 
 276 || 138 
 277 || 139 
 278 || 140 
 279 || 125 
 280 || [126(2)] 
 281 || - 
 282 || 142 
 283 || 143 
 284 || 144 
 285 || 145 
 286 || 145 
 287 || 145 
 288 || 110 
 289 || 114, 115 
 290 || 146 
 291(1) || 146 
 291(2) || - 
 292 || 148 
 293, 1st, 2nd paragraph || - 
 293, 3rd paragraph || 149 
 293, 4th paragraph || [157] 
 294 || - 
 295 || - 
 296 || - 
 297 || 151 
 298 || 154 
 299 || 154 
 300 || 154 
 301 || 154(3) and 157 
 302 || 158 
 303 || - 
 304 || 102 
 305 || [157] 
 306 || 103 
 307 || - 
 308 || [157] 
 309 || - 
 310 || [157] 
 311 || 104 
 312 || [157] 
 313 || 2 
 314 || - 
 315 || 156 
 316 || 157 
 317 || - 
 318 || - 
 319 || - 
 320 || 160 
 321 || 160 
 322 || 161 
 323 || 162 
 324 || - 
 325 || 163 
 326 || - 
 327 || 164 
 328 || 164 
 329 || 165 
 Annex I || Annex I (I-XX, XXIV/1) 
 Annex II || Annex I (XXI-XXIII) 
 Annex III || II 
 Annex IV || III 
 Annex V || [18(8)] 
 Annex VI || - 
 Annex VII || - 
 Annex VIII || - 
 Annex IX || - 
 Annex X || Annex IV 
 Annex XI || Annex V 
 Annex XII || Annex VI 
 Annex XIII || Annex VII 
 Annex XIV || [114(1)(f)] 
 Annex XV || [121] 
 Annex XVI || [121] 
 Annex XVII || - 
 Annex XVIII || - 
 Annex XIX || - 
 Annex XX || Annex VIII 
 Regulation (EU) No [COM(2010)799] || Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy 
 96(3) || 89(4) 
 145 || 91-101 
 171 || 89(3) 
 185(4) || 90(1) 
 187 || 90(2) and (4) 
 188 || 90(3) and (4) 
 206 || 89(1) 
 236 || 67 
 307 || 65(2)(c) and 104(b) 
 317 || 62 
 318 || 64, 66 
 319 || 63 
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
structure[52] 

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 
¨ The
proposal/initiative relates to a new action following a pilot
project/preparatory action[53]

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 

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 
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:
(a)      viable food production, with a focus on agricultural
income, agricultural productivity and price stability;
(b)     sustainable management of natural resources and climate
action, with a focus on greenhouse gas emissions, biodiversity, soil and water;
(c)      balanced territorial development, with a focus on rural
employment, growth and poverty in rural areas.
By means of implementing acts, the Commission shall define the set
of indicators specific to these objectives and areas.
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, 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) envisaged[55] 

x Centralised direct management
by the Commission 
¨ Centralised indirect management with the delegation of implementation tasks to:
–     
¨  executive agencies 
–     
¨  bodies set up by the Communities[56]

–     
¨  national public-sector bodies/bodies with public-service mission 
–     
¨  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 
¨ Decentralised management with third countries 
¨ 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.

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.
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. 

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 

Table 1: Amounts for the CAP
including complementary amounts foreseen in the MFF proposals and the CAP
reform proposals
In million EUR (current prices)
 Budget year || 2013 || 2013 adjusted (1) || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL 2014-2020 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Inside MFF ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Heading 2 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Direct aids and market-related expenditure (2) (3) (4) || 44 939 || 45 304 || 44 830 || 45 054 || 45 299 || 45 519 || 45 508 || 45 497 || 45 485 || 317 193 
 Estimated assigned revenue || 672 || 672 || 672 || 672 || 672 || 672 || 672 || 672 || 672 || 4 704 
 P1 Direct aids and market-related expenditure (with assigned revenue) || 45 611 || 45 976 || 45 502 || 45 726 || 45 971 || 46 191 || 46 180 || 46 169 || 46 157 || 321 897 
 P2 Rural development (4) || 14 817 || 14 451 || 14 451 || 14 451 || 14 451 || 14 451 || 14 451 || 14 451 || 14 451 || 101 157 
 Total || 60 428 || 60 428 || 59 953 || 60 177 || 60 423 || 60 642 || 60 631 || 60 620 || 60 608 || 423 054 
 Heading 1 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 CSF Agricultural research and innovation || N.A. || N.A. || 682 || 696 || 710 || 724 || 738 || 753 || 768 || 5 072 
 Most deprived persons || N.A. || N.A. || 379 || 387 || 394 || 402 || 410 || 418 || 427 || 2 818 
 Total || N.A. || N.A. || 1 061 || 1 082 || 1 104 || 1 126 || 1 149 || 1 172 || 1 195 || 7 889 
 Heading 3 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Food safety || N.A. || N.A. || 350 || 350 || 350 || 350 || 350 || 350 || 350 || 2 450 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Outside MFF ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Reserve for agricultural crises || N.A. || N.A. || 531 || 541 || 552 || 563 || 574 || 586 || 598 || 3 945 
 European Globalisation Fund (EGF) ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Of which maximum available for agriculture: (5) || N.A. || N.A. || 379 || 387 || 394 || 402 || 410 || 418 || 427 || 2 818 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 TOTAL Commission proposals (MFF + outside MFF) + assigned revenue || 60 428 || 60 428 || 62 274 || 62 537 || 62 823 || 63 084 || 63 114 || 63 146 || 63 177 || 440 156 
 TOTAL MFF proposals (i.e. excluding Reserve and EGF) + assigned revenue || 60 428 || 60 428 || 61 364 || 61 609 || 61 877 || 62 119 || 62 130 || 62 141 || 62 153 || 433 393 
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)           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 (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. 
(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 (COM(2011)403 final of 29 June 2011) sets out, for the EGF, an overall
maximum annual amount of 429 million EUR in 2011 prices. 

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 || TOTAL 2014-2020 
 REVENUE ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 123 – Sugar production charge (own resources) || 123 || 123 || 123 || 123 ||   ||   ||   ||   ||   || 246 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 67 03 - Assigned revenue || 672 || 672 || 741 || 741 || 741 || 741 || 741 || 741 || 741 || 5 187 
 of which: ex 05 07 01 06 - Accounting clearance || 0 || 0 || 69 || 69 || 69 || 69 || 69 || 69 || 69 || 483 
 Total || 795 || 795 || 864 || 864 || 741 || 741 || 741 || 741 || 741 || 5 433 
 EXPENDITURE ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 05 02 - Markets (1) || 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 
Notes:
(1)           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 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.
(2)           The
2013 amount includes an estimate of wine grubbing-up 2012.
Table 3: Calculation of the financial
impact by budget chapter of the CAP reform proposals as regards revenue and CAP
expenditure
In million EUR (current prices)
 Budget year || 2013 || 2013 adjusted ||   || TOTAL 2014-2020 
   ||   || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 ||   
 REVENUE ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 123 – Sugar production charge (own resources) || 123 || 123 || 0 || 0 || 0 || 0 || 0 || 0 || 0 || 0 
   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 67 03 - Assigned revenue || 672 || 672 || 69 || 69 || 69 || 69 || 69 || 69 || 69 || 483 
 of which: ex 05 07 01 06 - Accounting clearance || 0 || 0 || 69 || 69 || 69 || 69 || 69 || 69 || 69 || 483 
 Total || 795 || 795 || 69 || 69 || 69 || 69 || 69 || 69 || 69 || 483 
 EXPENDITURE ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 05 02 - Markets (1) || 3 311 || 3 311 || -689 || -670 || -641 || -612 || -589 || -601 || -612 || -4 413 
 05 03 - Direct aids (before capping) (2) || 42 170 || 42 535 || -460 || -492 || -534 || -577 || -617 || -617 || -617 || -3 913 
 05 03 - Direct aids – Estimated product of capping to be transferred to rural development ||   ||   || 0 || -164 || -172 || -185 || -186 || -186 || -186 || -1 078 
 05 04 - Rural development (before capping) || 14 817 || 14 451 || 4 || 4 || 4 || 4 || 4 || 4 || 4 || 28 
 05 04 - Rural development – Estimated product of capping to be transferred from direct aids ||   ||   || 0 || 164 || 172 || 185 || 186 || 186 || 186 || 1 078 
 05 07 01 06 - Accounting clearance || -69 || -69 || 69 || 69 || 69 || 69 || 69 || 69 || 69 || 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 
Notes:
(1)           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 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.
(2)           The
2013 amount includes an estimate of wine grubbing-up 2012.
Table 4: Calculation of the financial
impact of the CAP reform proposals as regards CAP market-related expenditure
In million EUR (current prices)
 BUDGET YEAR ||   || Legal base || Estimated needs || Changes to 2013 ||   
   ||   ||   || 2013 (1) || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL 2014-2020 
 Exceptional measures: streamlined and extended scope of legal base ||   || Art. 154, 155, 156 || pm || pm || pm || pm || pm || pm || pm || pm || pm 
 Removal of intervention for durum wheat and sorghum ||   || ex Art.10 || pm || - || - || - || - || - || - || - || - 
 Food programmes for most deprived || (2) || Ex-Art. 27 of Reg 1234/2007 || 500.0 || -500.0 || -500.0 || -500.0 || -500.0 || -500.0 || -500.0 || -500.0 || -3 500.0 
 Private storage (Flax fibre) ||   || Art. 16 || N.A. || pm || pm || pm || pm || pm || pm || pm || Pm 
 Aid for cotton - Restructuring || (3) || ex Art. 5 of Reg. 637/2008 || 10.0 || -4.0 || -4.0 || -4.0 || -4.0 || -4.0 || -4.0 || -4.0 || -28.0 
 Setting-up aid for F&V producer groups ||   || ex Art. 117 || 30.0 || 0.0 || 0.0 || 0.0 || -15.0 || -15.0 || -30.0 || -30.0 || -90.0 
 School fruit scheme ||   || Art. 21 || 90.0 || 60.0 || 60.0 || 60.0 || 60.0 || 60.0 || 60.0 || 60.0 || 420.0 
 Abolition hops PO ||   || ex Art. 111 || 2.3 || -2.3 || -2.3 || -2.3 || -2.3 || -2.3 || -2.3 || -2.3 || -15.9 
 Optional private storage for skimmed-milk powder ||   || Art. 16 || N.A. || pm || pm || pm || pm || pm || pm || pm || pm 
 Abolition aid for use of skimmed milk/SMP as feedingstuff/casein and use of casein ||   || ex Art. 101, 102 || 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 
Notes:
(1)           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.
(2)           The
2013 amount corresponds to Commission proposal COM(2010)486. As from 2014, the
measure will be financed within Heading 1.
(3)           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).
(4)           Estimated
effect in case of non-application of the measure.
(5)           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.
Table 5: Calculation of the financial
impact of the CAP reform proposals as regards direct aids
In million EUR (current prices)
 BUDGET YEAR ||   || Legal base || Estimated needs || Changes to 2013 ||   
   ||   || 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 ||   ||   ||   ||   || 875.0 || 1 133.9 || 1 392.8 || 1 651.6 || 1 651.6 || 1 651.6 || 1 651.6 || 10 008.1 
 Cotton restructuring ||   ||   ||   ||   || 0.0 || 0.0 || 0.0 || 0.0 || 6.1 || 6.1 || 6.1 || 18.4 
 Health Check ||   ||   ||   ||   || -64.3 || -64.3 || -64.3 || -90.0 || -90.0 || -90.0 || -90.0 || -552.8 
 Previous reforms ||   ||   ||   ||   || -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 
Notes:
(1)           The
2013 amount includes an estimate of wine grubbing-up 2012.
(2)           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.
Table 6: Components of direct aids
In million EUR (current prices)
 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 
 Payment for agricultural practices beneficial for the climate and environment (30%) ||   ||   ||   ||   || 12 866.5 || 12 855.3 || 12 844.3 || 12 834.1 || 12 834.1 || 12 834.1 || 77 068.4 
 Maximum that can be allocated to the Payment for young farmers (2%)   ||   ||   ||   ||   || 857.8 || 857.0 || 856.3 || 855.6 || 855.6 || 855.6 || 5 137.9 
 Basic Payment Scheme, Payment for areas with Natural Constraints, Voluntary Coupled Support ||   ||   ||   ||   || 28 682.9 || 28 911.1 || 29 113.6 || 29 090.6 || 29 090.6 || 29 090.6 || 173 979.4 
 Maximum that can be taken from the above lines to finance the Small Farmer Scheme (10%) ||   ||   ||   ||   || 4 288.8 || 4 285.1 || 4 281.4 || 4 278.0 || 4 278.0 || 4 278.0 || 25 689.3 
 Wine transfers included in Annex II[57] ||   ||   ||   ||   || 159.9 || 159.9 || 159.9 || 159.9 || 159.9 || 159.9 || 959.1 
 Capping ||   ||   ||   ||   || -164.1 || -172.1 || -184.7 || -185.6 || -185.6 || -185.6 || -1 077.7 
 Cotton ||   ||   ||   ||   || 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 
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 || 541.9 
 Phasing-in EU 10 ||   ||   ||   ||   || 616.1 
 Health Check ||   ||   ||   ||   || -64.3 
 Previous reforms ||   ||   ||   ||   || -9.9 
 TOTAL 05 03 ||   ||   ||   ||   ||   
 TOTAL EXPENDITURE ||   ||   || 40 165.0 || 40 530.5 || 41 072.4 
Notes:
(1)           The
2013 amount includes an estimate of wine grubbing-up 2012.
(2)           The
extended net ceilings include an
estimate of the wine transfers to SPS based on the decisions taken by the Member
States for 2013.
Table 8: Calculation of the financial
impact of the CAP reform proposals as regards rural development
In million EUR (current prices)
 BUDGET YEAR ||   || Legal base || Rural development allocation || Changes to 2013 ||   
   ||   ||   || 2013 || 2013 adjusted (1) || 2014 || 2015 || 2016 || 2017 || 2018 || 2019 || 2020 || TOTAL 2014-2020 
 Rural development programmes ||   ||   || 14 788.9 || 14 423.4 ||   ||   ||   ||   ||   ||   ||   ||   
 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 ||   ||   ||   ||   ||   || 164.1 || 172.1 || 184.7 || 185.6 || 185.6 || 185.6 || 1 077.7 
 RD envelope excluding technical assistance || (3) ||   ||   ||   || -8.5 || -8.5 || -8.5 || -8.5 || -8.5 || -8.5 || -8.5 || -59.4 
 Technical assistance || (3) ||   || 27.6 || 27.6 || 8.5 || 3.5 || 3.5 || 3.5 || 3.5 || 3.5 || 3.5 || 29.4 
 Prize for local innovative co-operation projects || (4) ||   || N.A. || N.A. || 0.0 || 5.0 || 5.0 || 5.0 || 5.0 || 5.0 || 5.0 || 30.0 
 TOTAL 05 04 ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 Net effect of reform proposals ||   ||   ||   ||   || 4.0 || 168.1 || 176.1 || 188.7 || 189.6 || 189.6 || 189.6 || 1 105.7 
 TOTAL EXPENDITURE (before capping) ||   ||   || 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 EXPENDITURE (after capping) ||   ||   || 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 
Notes:
(1)           Adjustments
in line with the existing legislation only applicable until the end of
financial year 2013.
(2)           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.
 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.
   ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 DG: AGRI || 
  Human resources || 136.998 || 136.998 || 136.998 || 136.998 || 136.998 || 136.998 || 136.998 || 958.986 
  Other administrative expenditure || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 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 commitments = Total payments) || 146.702 || 146.702 || 146.702 || 146.702 || 146.702 || 146.702 || 146.702 || 1 026.914 
EUR million (to 3 decimal places)
   ||   ||   || Year N[58] || 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 
 TOTAL appropriations under HEADINGS 1 to 5 of the multiannual financial framework || Commitments ||   ||   ||   ||   ||   ||   ||   ||   
 Payments ||   ||   ||   ||   ||   ||   ||   ||   

3.2.2.          
Estimated impact on operational appropriations 

–     
¨  The proposal/initiative does not require the use of operational
appropriations 
–     
x   The proposal/initiative requires the use of
operational appropriations, as explained below:
Commitment appropriations in EUR million (to 3 decimal
places)
 Indicate objectives and outputs   ò ||   ||   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 OUTPUTS 
 Type of output     || Average cost of the output || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Number of outputs || Cost || Total number of outputs || Total cost 
 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 the total produc-tion ||   ||   || 830.0 ||   || 830.0 ||   || 830.0 ||   || 830.0 ||   || 830.0 ||   || 830.0 ||   || 830.0 ||   || 5 810.0 
 - Wine: National envelope – Restructuring59 || Number of hectares ||   || 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 
 - Wine: National envelope – Investments59 ||   ||   || 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 
 - Wine: National envelope – By-product distillation59 || Hecto-litres ||   || 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 
 - Wine: National envelope – Potable alcohol59 || Number of hectares ||   || 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 
 - Wine: National envelope – Use of concentrated must59 || Hecto-litres ||   || 9 || 37.4 || 9 || 37.4 || 9 || 37.4 || 9 || 37.4 || 9 || 37.4 || 9 || 37.4 || 9 || 37.4 ||   || 261.8 
 - Wine: National envelope – promotion59 ||   ||   ||   || 267.9 ||   || 267.9 ||   || 267.9 ||   || 267.9 ||   || 267.9 ||   || 267.9 ||   || 267.9 ||   || 1 875.3 
 - Other ||   ||   ||   || 720.2 ||   || 739.6 ||   || 768.7 ||   || 797.7 ||   || 820.3 ||   || 808.8 ||   || 797.1 ||   || 5 452.3 
 Sub-total for specific objective N°5 ||   || 2 621.8 ||   || 2 641.2 ||   || 2 670.3 ||   || 2 699.3 ||   || 2 721.9 ||   || 2 710.4 ||   || 2 698.7 ||   || 18 763.5 
 SPECIFIC OBJECTIVE No 6: To contribute to farm incomes and limit farm income variability ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   ||   
 - Direct income support[60] || 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).

3.2.3.          
Estimated impact on appropriations of an
administrative nature
3.2.3.1.    
Summary 

–     
¨  The proposal/initiative does not require the use of administrative
appropriations 
–     
x   The proposal/initiative requires the use of
administrative appropriations, as explained below: 
EUR million (to 3 decimal places)
   || Year 2014 || Year 2015 || Year 2016 || Year 2017 || Year 2018 || Year 2019 || Year 2020 || TOTAL 
 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 
 Other administrative expenditure || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 9.704 || 67.928 
 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 

3.2.3.2.    
 Estimated requirements
of human resources 

–     
¨  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 
  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) ||   ||   ||   ||   ||   ||   ||   
  External personnel (in Full Time Equivalent unit: FTE)[62] || 
 XX 01 02 01 (CA, INT, SNE from the "global envelope") || 78 || 78 || 78 || 78 || 78 || 78 || 78 
 XX 01 02 02 (CA, INT, JED, LA and SNE in the delegations) ||   ||   ||   ||   ||   ||   ||   
 XX 01 04 yy || - at Headquarters ||   ||   ||   ||   ||   ||   ||   
 - in delegations ||   ||   ||   ||   ||   ||   ||   
 XX 01 05 02 (CA, INT, SNE - Indirect research) ||   ||   ||   ||   ||   ||   ||   
 10 01 05 02 (CA, INT, SNE - Direct research) ||   ||   ||   ||   ||   ||   ||   
 Other budget lines (specify) ||   ||   ||   ||   ||   ||   ||   
 TOTAL[63] || 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 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 ||   

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.
–     
¨  Proposal/initiative will entail reprogramming of the relevant
heading in the multiannual financial framework.
–     
¨  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 || MS || MS || MS || MS || MS || MS || MS || MS 
 TOTAL appropriations cofinanced [64] || To be determined || To be determined || To be determined || To be determined || To be determined || To be determined || To be determined || To be determined 

3.3.                
Estimated impact on revenue 

–     
x   Proposal/initiative has no financial impact
on revenue.
–     
¨  Proposal/initiative has the following financial impact:
–              
x   on own resources 
–              
x   on miscellaneous revenue 
EUR million (to 3 decimal places)
 Budget revenue line: || Appropriations available for the ongoing budget year || Impact of the proposal/initiative[65] 
 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. 
[1]               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. 
[2]               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.
[3]               See in particular the
European Parliament resolution of 23 June 2011, 2011/2015(INI), and the
Presidency conclusions of 18.3.2011.
[4]               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). 
[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.
[6]               See Annex 9 of the impact assessment for an overview
of the 517 contributions received.
[7]               OJ C […], […], p. […].
[8]               OJ C […], […], p. […].
[9]               Opinion of […] OJ C […], […], p. […]..
[10]             OJ C […], […], p. […].
[11]             COM(2010) 672 final, 18.11.2010.
[12]             OJ L 299, 16.11.2007, p. 1.
[13]             …
[14]             OJ L 34, 9.2.1979, p. 2.
[15]             COM/2009/0234 final.
[16]             OJ L 31, 1.2.2002, p. 1.
[17]             OJ L 93, 31.3.2006, p. 12.
[18]             OJ L […], […], p. […].
[19]             OJ L 55, 28.2.2011, p. 13.
[20]             OJ L 206, 16.8.1996, p. 46.
[21]             OJ L 87, 24.3.2007, p. 1.
[22]             OJ L 145, 31.5.2001, p. 12.
[23]             OJ L […], […], p. […].
[24]             OJ L 189, 20.7.2007, p. 1.
[25]             OJ L 124, 20.5.2003, p. 36.
[26]             OJ L 265, 25.9.2006, p. 1.
[27]             OJ C 244, 1.10.2004, p. 2.
[28]             OJ L 197, 3.8.2000, p. 19.
[29]             OJ L 10, 12.1.2002, p. 58.
[30]             OJ L 10, 12.1.2002, p. 67.
[31]             OJ L 15, 17.1.2002, p. 19.
[32]             OJ L 10, 12.1.2002, p. 47.
[33]             OJ L 10, 12.1.2002, p. 53.
[34]             OJ L 39, 13.2.2008, p. 16.
[35]             OJ L 299, 8.11.2008, p. 25.
[36]             OJ L 78, 24.3.2009, p. 1.
[37]             OJ L 179, 14.7.1999, p. 1.
[38]             OJ L 118, 4.5.2002, p. 1.
[39]             OJ L 186, 30.6.1989, p. 21.
[40]             OJ L 109, 6.5.2000, p. 29.
[41]             OJ L 247, 21.9.2007, p. 17.
[42]             OJ L 302, 19.10.1992, p. 10.
[43]             OJ L 253, 11.10.1993, p. 1.
[44]             OJ L 84, 31.3.2009, p. 1.
[45]             OJ L 185, 17.7.2009, p. 1.
[46]             OJ L 328, 15.12.2009, p. 10.
[47]             OJ L […], […], p. […].
[48]             OJ L 376, 27.12.2006,
p. 21.
[49]             OJ L 404, 30.12.2006, p. 26.
[50]             OJ L 276, 6.10.1990, p. 40.
[51]             OJ L 40, 11. 2. 1999, p. 34.
[52]             ABM: Activity-Based Management – ABB: Activity-Based
Budgeting.
[53]             As referred to in Article 49(6)(a) or (b) of the
Financial Regulation.
[54]             COM(2011)500 final of 29 June 2011.
[55]             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
[56]             As referred to in Article 185 of the Financial
Regulation.
[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.
[58]             Year N is the year in which implementation of the
proposal/initiative starts.
[59]             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.
[60]             Based on potentially eligible areas for 2009.
[61]             Based on an average cost of 127 000 EUR for
establishment plan post of officials and temporary agents.
[62]             CA= Contract Agent; INT= agency staff ("Intérimaire");
JED= "Jeune Expert en Délégation" (Young Experts in
Delegations); LA= Local Agent; SNE= Seconded National Expert; 
[63]             This does not include the sub-ceiling on budget line
05.010404.
[64]             This will be set out in the rural development
programmes to be submitted by the Member States.
[65]             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.