Common Market Organisation Regulation

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Article 33 Operational programmes 1. Operational programmes in the fruit and vegetables sector shall have a minimum duration of three years and a maximum duration of five years. They shall have at least two of the objectives referred to in point (c) of Article 152(1) or two of the following objectives: (a) planning of production, including production and consumption forecasting and follow-up; (b) improvement of product quality, whether in a fresh or processed form; (c) boosting products' commercial value; (d) promotion of the products, whether in a fresh or processed form; (e) environmental measures, particularly those relating to water, and methods of production respecting the environment, including organic farming; (f) crisis prevention and management. management, including providing coaching to other producer organisations, associations of producer organisations, producer groups or individual producers. Operational programmes shall be submitted to the Member States for their approval. 2. Associations of producer organisations may also present an entire or partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. The operational programmes of associations of producer organisations shall be subject to the same rules as operational programmes of producer organisations and shall be considered with the operational programmes of member organisations. To that end, the Member States shall ensure that: (a) measures under operational programmes of an association of producer organisations are entirely financed by contributions of those member organisations of that association and that such funding is collected from the operational funds of those member organisations; (b) the measures and their corresponding financial share are identified in the operational programme of each member organisation; (c) there is no duplication of funding. 3. Crisis prevention and management referred to in point (f) of the first subparagraph 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) investments making the management of the volumes placed on the market more efficient; (b) training measures and exchanges of best practices; (c) promotion and communication, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period; (d) support for the administrative costs of setting up mutual funds; funds and financial contributions to replenish mutual funds, following the compensation paid to producer members who experience a severe drop in their income as a result of adverse market conditions; (e) replanting of orchards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the Member State competent authority; (f) market withdrawal; (g) green harvesting or non-harvesting of fruit and vegetables; (h) harvest insurance. insurance; (i) coaching to other producer organisations, associations of producer organisations, producer groups or individual producers. Support for harvest insurance shall contribute to safeguarding producers' incomes where there are losses as a consequence of natural disasters, adverse climatic events, diseases or pest infestations. Insurance contracts shall require that beneficiaries undertake necessary risk prevention measures. Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fifth 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 34. Any specific action under crisis prevention and management may be financed by such loans or directly, or both. 4. For the purposes of this Section: (a) "green harvesting" means the total harvesting on a given area of unripe non-marketable products which have not been damaged prior to the green harvesting, whether due to climatic reasons, disease or otherwise; (b) "non-harvesting" means the termination of the current production cycle on the area concerned where the product is well developed and is of sound, fair and marketable quality. Destruction of products due to a climatic event or disease is not considered as non-harvesting. 5. 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-climate payments or organic farming commitments laid down in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013. Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment-climate or organic farming commitments provided for in Article 28(3) and Article 29(2) and (3) of Regulation (EU) No 1305/2013, then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph of this paragraph. Support for the environmental actions referred to in the first subparagraph of this paragraph shall cover additional costs and income foregone resulting from the action. 6. 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.

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Article 34 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 32(1) 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 or of their association. However, in the case of producer organisations, 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. In the case of associations of producer organisations, that percentage may be increased to 4,7 % 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 implemented by the association of producer organisations on behalf of its members. 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 satisfying 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 Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).; (d) it is the first to be submitted by a recognised producer organisation which is the result of a merger between two recognised producer organisations; (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 TFEU. 4. The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of following cases: (a) market withdrawals of fruit and vegetables which shall do not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of: (a) (i) free distribution to charitable organisations and foundations, approved for to that purpose 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; or (b) (ii) free distribution to any of the following: penal institutions, schools, schools and public education institutions, establishments referred to in Article 22, 22 and to children's holiday camps, 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. establishments; (b) actions related to coaching of other producer organisations, or of producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or Article 27 of Regulation (EU) No 1305/2013, provided those organisations or groups are from regions of Member States referred to in Article 35(1) of this Regulation, or of individual producers.

No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.

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Article 37 Delegated powers In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing rules on: (a) operational funds and operational programmes, concerning: (i) the estimated amounts, the decisions by producer organisations and their associations on the financial contributions and the use of operational funds; (ii) the measures, actions, expenditure and administrative and personnel costs to be included or excluded under operational programmes, the modification thereof and the additional requirements to be determined by Member States; (iii) the avoidance of double funding between operational programmes and rural development programmes; (iv) operational programmes of associations of producer organisations; (v) the specific rules applicable to cases in which associations of producer organisations manage, process, implement and present, wholly or in part, operational programmes; (vi) the obligation to use common indicators for the purposes of monitoring and evaluation of operational programmes; (b) the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national frameworks and the national strategies; (c) Union financial assistance, concerning: (i) the basis for the calculation of Union financial assistance and of the value of the marketed production, referred to in Article 34(2); (ii) applicable reference periods for the calculation of aid; (iii) the provision of advance payments and the requirement to lodge a security where an advance payment of aid is made; (iv) the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the application of the limits provided for in Article 34(2); (d) crisis prevention and management measures, concerning: (i) the possibility for Member States not to apply one or more crisis prevention and management measures; (ii) conditions relating to points (a), (b) (b), (c) and (c) (i) of the first subparagraph of Article 33(3); (iii) permissible destinations to be decided by Member States for withdrawn products; (iv) the maximum level of support for market withdrawals; (v) the requirement for prior notifications in case of market withdrawals; (vi) the basis of the calculation of the volume of marketed production for free distribution referred to in Article 34(4) and the determination of a maximum volume of marketed production in case of withdrawals; (vii) the requirement to display the Union emblem on packages of products for free distribution; (viii) the conditions for the recipients of withdrawn products; (ix) the use of terms for the purposes of this Section; (x) the conditions, to be adopted by Member States, relating to green harvesting and non-harvesting; (xi) harvest insurance; (xii) mutual funds; and (xiii) the conditions relating to, and the fixing of a ceiling for expenditure on, the replanting of orchards for health or phytosanitary reasons in accordance with point (e) of the first subparagraph of Article 33(3); (e) national financial assistance, concerning: (i) the degree of organisation of producers; (ii) the requirement to lodge a security where an advance payment is made; (iii) the maximum proportion of Union reimbursement of the national financial assistance.

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Article 38 Implementing powers in accordance with the examination procedure The Commission may adopt implementing acts laying down measures concerning: (a) the management of operational funds; (b) the information to be contained in operational programmes, national frameworks and national strategies referred to in Article 36, the submission of operational programmes to Member States, time limits, accompanying documents and approval by Member States; (c) the implementation of operational programmes by producer organisations and associations of producer organisations; (d) the submission, format and content of monitoring and evaluation reports of national strategies and operational programmes; (e) aid applications and payments of aid, including advance and partial payments of aid; (f) the practical arrangements for the display of the Union emblem on packages of products for free distribution; (g) the respect for marketing standards in case of withdrawals; (h) transport, sorting and packaging costs in case of free distribution; (i) promotion, communication communication, training and training coaching measures in case cases of crisis prevention and management; (j) the implementation of withdrawal operations, green harvesting, non-harvesting and harvest insurance measures; (k) the application, authorisation, payment and reimbursement of the national financial assistance; (l) the procedures for, and the amount of, the security to be lodged where an advance payment is made. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 62 Authorisations 1. Vines of wine grape varieties classified in accordance with Article 81(2) may only be planted or replanted if an authorisation is granted in accordance with Articles 64, 66 and 68 under the conditions laid down in this Chapter. 2. Member States shall grant the authorisation referred to in paragraph 1, corresponding to a specific area expressed in hectares, upon submission of an application by producers which complies with objective and non-discriminatory eligibility criteria. Such authorisation shall be granted without a fee being charged to the producers. 3. The authorisations referred to in paragraph 1 shall be valid for three years from the date on which they were granted. A producer who has not used an authorisation granted during its period of validity shall be subject to administrative penalties as provided for in Article 89(4) of Regulation (EU) No 1306/2013. 4. This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower's household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.5. Member States may apply this Chapter to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008 of the European Parliament and of the Council Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ L 39, 13.2.2008, p. 16).. For the purposes of this Chapter, those areas may be treated as areas where wines with a protected designation of origin or protected geographical indication may be produced.

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Article 64 Granting of authorisations for new plantings 1. If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted. Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria: (a) the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation; (b) the applicant shall possess adequate occupational skills and competence; (c) the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities; (ca) the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007; (d) where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner. 2. If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made according to in accordance with one or more of the following objective and non-discriminatory priority criteria: (a) producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants); (b) areas where vineyards contribute to the preservation of the environment; (c) areas to be newly planted in the framework of land consolidation projects; (d) areas facing natural or other specific constraints; (e) the sustainability of projects of development or replantations on the basis of an economic evaluation; (f) areas to be newly planted which contribute to increasing the competitiveness at farm holding and regional level; (g) projects with the potential to improve the quality of products with geographical indications; (h) areas to be newly planted in the framework of increasing the size of small and medium-sized holdings. 2a. If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application. 3. Member States shall make public the criteria referred to in paragraphs 1 1, 2 and 2 2a that they apply and shall notify them forthwith to the Commission.

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Article 148 Contractual relations in the milk and milk products sector 1. Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2. Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors. For the purposes of this Article, 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. 1a. Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation. 2. The contract and/or the offer for a contract referred to in paragraph paragraphs 1 and 1a shall: (a) be made 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 be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered, (ii) the volume of raw milk which may and/or must be delivered and the timing of such deliveries, (iii) the duration of the contract, which may include either a definite or an indefinite duration with termination clauses, (iv) details regarding payment periods and procedures, (v) arrangements for collecting or delivering raw milk, and (vi) rules applicable in the event of force majeure. 3. By way of derogation from paragraph 1, paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a farmer member of a cooperative to a co-operative the cooperative of which the farmer he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions 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 the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties. Notwithstanding the first subparagraph, one or both more of the following shall apply: (a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish establish: (i) an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery; (ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market; (b) where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market. The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2. 5. The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied. 6. The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 149 Contractual negotiations in the milk and milk products sector 1. A producer organisation in the milk and milk products sector which is recognised under Article 152(3) 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the … 635 unchanged words … small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC. 8. The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

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Article 152 Producer organisations 1. Member States may, on request, recognise producer organisations, which: (a) are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2); (b) are formed on the initiative of the producers; producers and which carry out at least one of the following activities: (i) joint processing; (ii) joint distribution, including by joint selling platforms or joint transportation; (iii) joint packaging, labelling or promotion; (iv) joint organising of quality control; (v) joint use of equipment or storage facilities; (vi) joint management of waste directly related to the production; (vii) joint procurement of inputs; (viii) any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph; (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, including through direct marketing; (iii) optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices; (iv) carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments; (v) promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques; (vi) promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label; (vii) the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; (viii) contributing to a sustainable use of natural resources and to climate change mitigation; (ix) developing initiatives in the area of promotion and marketing; (x) managing of the mutual funds referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013; (xi) providing the necessary technical assistance for the use of the futures markets and of insurance schemes. 1a. By way of derogation from Article 101(1) TFEU, a producer organisation recognised under paragraph 1 of this Article may plan production, optimise the production costs, place on the market and negotiate contracts for the supply of agricultural products, on behalf of its members for all or part of their total production. The activities referred to in the first subparagraph may take place: (a) provided that one or more of the activities referred to in point (b)(i) to (vii) of paragraph 1 is genuinely exercised, thus contributing to the fulfilment of the objectives set out in Article 39 TFEU; (b) provided that the producer organisation concentrates supply and places the products of its members on the market, whether or not there is a transfer of ownership of agricultural products by the producers to the producer organisation; (c) whether or not the price negotiated is the same as regards the aggregate production of some or all of the members; (d) provided that the producers concerned are not members of any other producer organisation as regards the products covered by the activities referred to in the first subparagraph; (e) provided that the agricultural product is not covered by an obligation to deliver arising from the farmer's membership of a cooperative, which is not itself a member of the producer organisations concerned, in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from those statutes. However, Member States may derogate from the condition set out in point (d) of the second subparagraph in duly justified cases where producer members hold two distinct production units located in different geographical areas. 1b. For the purposes of this Article, references to producer organisations shall also include associations of producer organisations recognised under Article 156(1) if such associations meet the requirements set out in paragraph 1 of this Article. 1c. The national competition authority referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, for the future, one or more of the activities referred to in the first subparagraph of paragraph 1a are to be modified, discontinued or not take place at all if it considers that this is necessary in order to prevent competition from being excluded or if it considers that the objectives set out in Article 39 TFEU are jeopardised. For negotiations covering more than one Member State, the decision referred to in the first subparagraph of this paragraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing before or without delay after initiating the first formal measure of the investigation and shall notify the Commission of the decisions without delay after their adoption. The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned. 2. A producer organisation recognised under paragraph 1 may continue to be recognised if it engages in the marketing of products falling within CN code ex2208 other than those referred to in Annex I to the Treaties, provided that the proportion of such products does not exceed 49 % of the total value of marketed production of the producer organisation and that such products do not benefit from Union support. Those products do not count, for producer organisations in the fruit and vegetables sector, towards the calculation of the value of marketed production for the purposes of Article 34(2). 3. By way of derogation from paragraph 1, Member States shall recognise producer organisations, constituted by producers in the milk and milk products sector, which: (a) are formed on the initiative of the producers; (b) pursue a specific aim which may include one or more of the following objectives: (i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; (ii) concentration of supply and the placing on the market of the products produced by its members; (iii) optimising production costs and stabilising producer prices.

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Article 154 Recognition of producer organisations 1. In order to be recognised by a Member State, the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which: (a) fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1); (b) has a minimum number of members and/or covers a minimum volume or value of marketable production, to be laid down by the Member State concerned, in the area where it operates; (c) provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply; (d) has statutes that are consistent with points (a), (b) and (c) of this paragraph. 1a. Member States may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition. 2. Member States may decide that producer organisations which have been recognised before 1 January 2014 on the basis of national law 2018 and which fulfil the conditions laid down in paragraph 1 of this Article are shall be deemed to be recognised as producer organisations pursuant to Article 152. 3. Producer Where producer organisations which have been recognised before 1 January 2014 on the basis of national law and which 2018 but do not fulfil the conditions laid down set out in paragraph 1 may continue to exercise of this Article, Member States shall withdraw their activities under national law until 1 January 2015. recognition no later than 31 December 2020. 4. Member States shall: (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter; (c) in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; (d) inform the Commission by 31 March of each year, of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.

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Article 157 Interbranch organisations 1. Member States may, on request, recognise interbranch organisations in a specific sector listed in Article 1(2) which: (a) are constituted of representatives of economic activities linked to the production and to at least one of the following stages … 390 unchanged words … the internal market and/or informing about the harm linked to hazardous consumption patterns; (xiii) promoting consumption of, and/or furnishing information concerning, products on the internal market and external markets; (xiv) contributing to the management of by-products and the reduction and management of waste. waste; (xv) establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; (xvi) implementing measures to prevent and manage animal health, plant-protection and environmental risks. 1a. Member States may, on request, decide to grant more than one recognition to an interbranch organisation operating in several sectors referred to in Article 1(2) provided the interbranch organisation fulfils the conditions referred to in paragraph 1 and, where applicable, paragraph 3 for each sector for which it seeks recognition. 2. In duly justified cases, Member States may decide on the basis of objective and non-discriminatory criteria that the condition in point (c) of Article 158(1) is fulfilled by limiting the number of interbranch organisations on a regional or national … 417 unchanged words … production and marketing; (x) exploiting the potential of organic farming and protecting and promoting such farming as well as the production of products with designations of origin, quality labels and geographical indications; and (xi) promoting integrated production or other environmentally sound production methods. methods; (xii) establishing standard value sharing clauses within the meaning of Article 172a, including market bonuses and losses, determining how any evolution of relevant market prices of the products concerned or other commodity markets is to be allocated between them; and (xiii) implementing measures to prevent and manage animal health, plant-protection and environmental risks.

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Article 159 Obligatory Mandatory recognition By way of derogation from Articles 152 to 158, Member States shall, on request, recognise: (a) producer organisations in: (i) the fruit and vegetables sector in respect of one or more products of that sector and/or such products solely intended for processing, (ii) the olive oil and table olives sector, (iii) the silkworm sector, (iv) the hops sector; (b) interbranch organisations in the olive oil and table olives sector and the tobacco sector.

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Article 161 Recognition of producer organisations in the milk and milk products sector 1. Member States shall shall, on request, recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of legal entities applying for such recognition, entities, provided that: (a) they fulfil are constituted by producers in the requirements laid down milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives: (i) ensuring that production is planned and adjusted to demand, particularly in Article 152(3); terms of quality and quantity; (ii) concentration of supply and the placing on the market of the products produced by their members; (iii) optimising production costs and stabilising producer prices; (b) they have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate; (c) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply; (d) they have statutes that are consistent with points (a), (b) and (c) of this paragraph. 2. Member States may decide that producer organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are to be considered to be as recognised as producer organisations pursuant to Article 152(3). organisations. 3. Member States shall: (a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters; (b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn; (d) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition which they have taken during the previous calendar year.

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Article 168 Contractual relations 1. Without prejudice to Article 148 concerning the milk and milk products sector and Article 125 concerning the sugar sector, if a Member State decides, in respect of agricultural products from a sector listed in Article 1(2), other than milk and milk products and sugar: (a) that every delivery in its territory of those products by a producer to a processor or distributor must be covered by a written contract between the parties; and/or (b) that the first purchasers must make a written offer for a contract for the delivery in its territory of those agricultural products by the producer, such a contract or such an offer for a contract shall fulfil the conditions laid down in paragraphs 4 and 6 of this Article. 1a. Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation or an association of producer organisations, in respect of agricultural products in a sector referred to in Article 1(2) other than the milk, milk products and sugar sector, may require that any delivery of its products to a processor or distributor be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in paragraph 4 and in the first subparagraph of paragraph 6 of this Article. If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation. 2. Where the Member State decides that deliveries of the products covered by this Article by a producer to a processor must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if delivery of the products concerned is made through one or more intermediaries. Member States shall ensure that the provisions that they adopt under this Article do not impair the proper functioning of the internal market. 3. In the case described in paragraph 2, the Member State may establish a mediation mechanism to cover cases in which there is no mutual agreement to conclude such a contract, thereby ensuring fair contractual relations. 4. Any contract or offer for a contract referred to in paragraph paragraphs 1 and 1a shall: (a) be made 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 be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, (ii) the quantity and quality of the products concerned which may or must be delivered and the timing of such deliveries, (iii) the duration of the contract, which may include either a definite duration or an indefinite duration with termination clauses, (iv) details regarding payment periods and procedures, (v) arrangements for collecting or delivering the agricultural products, and (vi) rules applicable in the event of force majeure. 5. By way of derogation from paragraph 1, paragraphs 1 and 1a, a contract or an offer for a contract shall not be required where the products concerned are delivered by a producer member of a cooperative to a purchaser which is a the cooperative of which the producer he is a member if the statutes of that cooperative or the rules and decisions provided for in, or derived from, these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 4. 6. All elements of contracts for the delivery of agricultural products concluded by producers, collectors, processors or distributors, including those elements referred to in point (c) of paragraph 4, shall be freely negotiated between the parties. Notwithstanding the first subparagraph, one or both of the following shall apply: (a) where a Member State decides to make written contracts for the delivery of agricultural products compulsory in accordance with paragraph 1, it may establish a minimum duration, applicable only to written contracts between a producer and the first purchaser of the agricultural products. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market; (b) where a Member State decides that the first purchaser of agricultural products must make the producer a written offer for a contract in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose. Such a minimum duration shall be at least six months and shall not impair the proper functioning of the internal market. The second subparagraph shall be without prejudice to the producer's right to refuse such a minimum duration provided that he does so in writing. In this case, the parties shall be free to negotiate all elements of the contract, including those elements referred to in point (c) of paragraph 4. 7. Member States which make use of the options referred to in this Article shall ensure that the provisions set in place do not impair the proper functioning of the internal market. Member States shall notify the Commission of how they apply any measures introduced under this Article. 8. The Commission may adopt implementing acts laying down the measures necessary for the uniform application of points (a) and (b) of paragraph 4 and paragraph 5 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 172a
Value-sharing
Without prejudice to any specific value-sharing clauses in the sugar sector, farmers, including associations of farmers, and their first purchaser may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices for the products concerned or other commodity markets is to be allocated between them.

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Article 184 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 international agreements concluded in accordance with the TFEU or any other act adopted in accordance with Article 43(2) or Article 207 TFEU, shall be opened and/or administered by the Commission by means of delegated acts pursuant to Article 186 of this Regulation and implementing acts pursuant to Articles Article 187 and 188 of this Regulation. 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 (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 existing and emerging Union production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market; and (b) for export tariff quotas, permit the full use of the possibilities available under the quota concerned.

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Article 188
Other implementing powers
1. The Commission shall adopt implementing acts concerning the management of 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 where necessary suspending the submission of applications.
2. The Commission may adopt implementing acts concerning the reallocation of the unused quantities.
3. Implementing acts referred to in this Article shall be adopted without applying the procedure referred to in Article 229(2) or (3).

after (02013R1308-20180101)

Article 188
Allocation process for tariff quotas
1. The Commission shall make public, via an appropriate web-publication, the results of tariff quota allocation for the applications notified taking into account the tariff quotas available and the applications notified.
2. The publication referred to in paragraph 1 shall also make reference, when appropriate, to the need of rejecting pending applications, suspending the submission of applications or allocating unused quantities.
3. Member States shall issue import licences and export licences for the quantities applied for within the import tariff quotas and export tariff quotas, subject to the respective allocation coefficients and after they are made public by the Commission in accordance with paragraph 1.

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Article 209 Exceptions for the objectives of the CAP and farmers and their associations 1. Article 101(1) TFEU shall not apply to the agreements, decisions and practices referred to in Article 206 of this Regulation necessary for the attainment of the objectives set out in Article 39 TFEU. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 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, unless the objectives of set out in Article 39 TFEU are jeopardised. This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded. 2. Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall not be prohibited, no prior decision to that effect being required. However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU. The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion. In any national or Union proceedings for the application of Article 101 TFEU, the burden of proving an infringement of Article 101(1) TFEU shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

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Article 222 Application of Article 101(1) TFEU 1. During periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers' associations, or associations of such associations, or recognised producer organisations, their associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories: (a) market withdrawal or free distribution of their products; (b) transformation and processing; (c) storage by private operators; (d) joint promotion measures; (e) agreements on quality requirements; (f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union; (g) temporary planning of production taking into account the specific nature of the production cycle. The Commission shall specify in implementing acts the substantive and geographic scope of this derogation and, subject to paragraph 3, the period for which the derogation applies. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). 2. Paragraph 1 shall apply only if the Commission has already adopted one of the measures referred to in this Chapter, if products have been bought in under public intervention or if aid for private storage referred to in Chapter I of Title I of Part II has been granted. 3. The agreements and decisions referred to in paragraph 1 shall only be valid for a period of up to six months. However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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ANNEX VII DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 78 For the purposes of this Annex, the "sale description" means the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC, or … 1,276 unchanged words … to be determined by the Commission by means of delegated acts pursuant to Article 75(2), 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; enrichment, or enriched only by partial concentration processes listed in point 1 of Section B of Part I of Annex VIII, provided that the product specification in the technical file of the protected designation of origin concerned allows for that possibility; (d) have, subject to derogations which may be adopted by the Commission by means of delegated acts pursuant to Article 75(2), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents … 6,706 unchanged words … with the following fat contents: less than 39 %, more than 41 % but less than 60 %, more than 62 % but less than 80 %. The milk-fat component of the products listed in this Appendix may be modified only by physical processes.

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ANNEX VIII OENOLOGICAL PRACTICES REFERRED TO IN ARTICLE 80 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 wine-growing 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 81. 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 may be raised by 0,5 %. In response to such a request, % by the Member States as an exception for the regions concerned. Member States shall notify the Commission under the powers as referred to in Article 91 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. of any such increase. 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 … 1,658 unchanged words … 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 75(2).