Common Market Organisation Regulation

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Article 5 Conversion rates for rice The Commission may adopt implementing acts: (a) acts fixing the conversion rates for rice at various stages of processing, the processing costs and the value of by-products; (b) adopting all necessary measures regarding the application of conversion rates for rice. processing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 6 Marketing years The following marketing years shall be established: (a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors; (b) 1 April to 31 March of the following year for the dried fodder and silkworm sectors; (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) (iv) 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; sector and with respect to table olives; (f) 1 October to 30 September of the following year for the sugar sector. sector and with respect to olive oil.

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Article 12 Public intervention periods Public intervention shall be available for: (a) common wheat, from 1 October to 31 May; (b) durum wheat, barley and maize, from 1 November to 31 May; (b) throughout the year; (c) paddy rice, from 1 April to 31 July; (c) throughout the year; (d) beef and veal, throughout the year; (d) (e) butter and skimmed milk powder, from 1 March February to 30 September.

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Article 16 General principles on disposal from public intervention 1. 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 international agreements concluded in accordance with the TFEU. 2. Products bought in under public intervention may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union as set out in the relevant Union legal acts. In such cases, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 15(2) of this Regulation. 2a. Member States shall notify to the Commission all the information needed to allow for the monitoring of compliance with the principles laid down in paragraph 1. 3. Each year the Commission shall publish details of the conditions under which products bought in under public intervention were bought or sold in the previous year.Those details shall include the relevant volumes and the buying and selling prices.

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Article 17 Eligible products Aid for private storage may be granted in respect of the following products in accordance with the conditions set out in this Section and any further requirements and conditions to be adopted by the Commission, by means of delegated acts pursuant to Article 18(1) or Article 19 and implementing acts pursuant to Article 18(2) or Article 20: (a) white sugar; (b) olive oil; oil and table olives; (c) flax fibre; (d) fresh or chilled meat of bovine animals aged eight months or more; (e) butter produced from cream obtained directly and exclusively from cow's milk; (f) cheese; (g) skimmed milk powder made from cow's milk; (h) pigmeat; (i) sheepmeat and goatmeat. Point (f) of the first paragraph is restricted to cheese benefiting from a protected designation of origin or from a protected geographical indication under Regulation (EU) No 1151/2012 that is stored beyond the period of maturation laid down in the product specification for the product referred to in Article 7 of that Regulation and/or a period of maturation that contributes to increasing the value of the cheese.

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Article 23 Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs 1. Union aid shall be granted in respect of children in the educational establishments referred to in Article 22: (a) for the … 913 unchanged words … considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits benefits, including sustainable packaging, and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012. Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

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Article 23a Financing provisions 1. Without prejudice to paragraph 4 of this Article, the aid under the school scheme allocated for the distribution of products, the accompanying educational measures and the related costs referred to in Article 23(1) shall not exceed EUR 250 million 220804135 per school year. Within that overall limit, the aid shall not exceed: (a) for school fruit and vegetables: EUR 150 million 130608466 per school year; (b) for school milk: EUR 100 million 90195669 per school year. 2. The aid referred to in paragraph 1 shall be allocated to each Member State taking into account the following: (a) the number of six- to ten-year-old children in the Member State concerned; (b) the degree of development of the regions within the Member State concerned so as to ensure that higher aid is allocated to less developed regions and to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013; and (c) for school milk, in addition to the criteria referred to in points (a) and (b), the historical use of the Union aid for the supply of milk and milk products to children. The allocations for the Member States concerned shall ensure that higher aid is allocated to the outermost regions listed in Article 349 TFEU in order to take into account the specific situation of those regions in the sourcing of products and to promote such sourcing between outermost regions that are in geographical proximity to each other. The allocations for school milk resulting from the application of the criteria laid down in this paragraph shall ensure that all Member States are entitled to receive at least a minimum amount of Union aid per child in the age group referred to in point (a) of the first subparagraph. That amount shall not be lower than the average use of Union aid per child across all Member States under the school milk scheme which applied prior to 1 August 2017. Measures on the fixing of indicative and definitive allocations and on reallocation of Union aid for school fruit and vegetables and for school milk shall be taken by the Council in accordance with Article 43(3) TFEU. 3. Member States wishing to participate in the school scheme shall submit every year their request for Union aid, specifying the amount requested for the school fruit and vegetables and the amount requested for the school milk that they wish to distribute. 4. Without exceeding the overall limit of EUR 250 million 220804135 laid down in paragraph 1, any Member State may transfer once per school year up to 20 % of either one or the other of its indicative allocations. That percentage may be increased up to 25 % for the Member States … 430 unchanged words … which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

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Article 61 Duration The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2030, 2045, with a two mid-term review reviews to be undertaken by the Commission in 2028 and 2040 to evaluate the operation of the scheme and, if appropriate, make proposals.

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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. By way of derogation from the first subparagraph, Member States may decide that when replanting takes place on the same parcel or parcels on which the grubbing up was undertaken, the authorisations referred to in Article 66(1) are valid for six years from the date on which they were granted. Such authorisations shall clearly identify the parcel or parcels on which the grubbing up and the replanting will take place. By way of derogation from the first subparagraph, the validity of authorisations granted in accordance with Article 64 and Article 66(1), which expires in the year 2020, years 2020 and 2021, is extended until 31 December 2021. 2022. Producers who hold authorisations in accordance with Article 64 and Article 66(1) of this Regulation, which expire in 2020, 2020 and 2021, shall not, by way of derogation from the first subparagraph of this paragraph, be subject to the administrative penalty referred to in Article 89(4) of Regulation (EU) No 1306/2013 provided that they inform the competent authorities by 28 February 2021 2022 that they do not intend to make use of their authorisation and do not wish to benefit from the extension of their validity as referred to in the second third subparagraph of this paragraph. Where producers who hold authorisations, the validity of which was extended until 31 December 2021, have declared to the competent authority by 28 February 2021 that they do not intend to make use of those authorisations, they shall be allowed to retract their declarations by means of a written communication to the competent authority by 28 February 2022 and to make use of their authorisations within the extended validity period provided for in the third subparagraph. 4. This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes purposes, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower's 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 63 Safeguard mechanism for new plantings 1. Member States shall make available each year authorisations for new plantings corresponding to either: (a) 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year. year; or (b) 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 that were available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation. 2. Member States may: (a) apply at national level a lower percentage than the percentage set out in paragraph 1; (b) limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication. Member States that limit the issuing of authorisations at regional level for specific areas eligible for the production of wines with a protected designation of origin or for areas eligible for the production of wines with a protected geographical indication in accordance with the first subparagraph, point (b), may require such authorisations to be used in those regions. 3. Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds: (a) the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need; (b) the need to avoid a well-demonstrated risk of significant devaluation of a particular protected designation of origin or a protected geographical indication. indication; (c) the wish to contribute to the development of the products in question while preserving the quality of those products. 3a. Member States may take any regulatory measures necessary to prevent circumvention by operators of the restrictive measures taken pursuant to paragraphs 2 and 3. 4. Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

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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: criteria at national or regional level: (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 in accordance with one or more of the following objective and non-discriminatory priority criteria: criteria that may apply at national or regional level. (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; environment or the conservation of the genetic resources of vines; (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 production of holdings of the wine-growing sector that show increased cost-efficiency or competitiveness at farm holding and regional level; or presence on the markets; (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. vine 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. 2b. Member States may take any necessary regulatory measures to prevent the circumvention by operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a. 3. Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

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Article 65 Role of professional organisations When applying Article 63(2), a Member State may shall take into account consideration recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157, of by interested groups of producers referred to in Article 95, or of by other types of professional organisation recognised on the basis of that Member State's State’s legislation, provided that those recommendations are preceded by an agreement entered into by the relevant representative parties in the reference geographical area. The recommendations shall be made for no more than three years.

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Article 68 Transitional provisions 1. Planting rights granted to producers in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 before 31 December 2015 which have not been used by those producers and are still valid by that date may be converted into authorisations under this Chapter as from 1 January 2016. Such conversion shall take place upon a request to be submitted by those producers before 31 December 2015. Member States may decide to allow producers to submit such a request to convert rights into authorisations until 31 December 2022. 2. Authorisations granted pursuant to paragraph 1 shall have the same period of validity as the planting rights referred to in paragraph 1. If those authorisations are not used, they shall expire at the latest by 31 December 2018, or, where a Member State has taken the decision referred to in the second subparagraph of paragraph 1, at the latest by 31 December 2025. 2a. From 1 January 2023, an area equivalent to the area covered by planting rights that were eligible for conversion into planting authorisations on 31 December 2022 but have not yet been converted into authorisations in accordance to paragraph 1, shall remain at the disposal of the Member States concerned, which may grant authorisations in accordance with Article 64 at the latest by 31 December 2025. 3. The areas covered by the authorisations granted pursuant to paragraph paragraphs 1 and 2a of this Article shall be not be counted for the purposes of Article 63.

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Article 81 Wine grape varieties 1. Products listed in Part II of Annex VII and produced in the Union shall be made from wine grape varieties classifiable in accordance with 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 50000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, shall be exempt from the classification obligation provided for in the first subparagraph of paragraph 2. However, also in those Member States, 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, in the case of the Member States other than those referred to in paragraph 3; (b) wine grape varieties which do not comply with the second subparagraph of paragraph 2, in the case of the Member States referred to in paragraph 3. 5. Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up. However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producer's household.6. Areas planted for purposes other than wine production with vine varieties which, in the case of Member States other than those referred to in paragraph 3, are not classified or which, in the case of Member States referred to in paragraph 3, do not comply with paragraph 2, second subparagraph, shall not be subject to a grubbing up obligation. The planting and replanting of the vine varieties referred to in the first subparagraph for purposes other than wine production shall not be subject to the scheme of authorisations for vine planting laid down in Part II, Title I, Chapter III.

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Article 86 Reservation, amendment and cancellation of optional reserved terms In order to take account of the expectations of consumers, including as regards production methods and sustainability in the supply chain, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts in accordance with Article 227: (a) reserving an additional optional reserved term, laying down its conditions of use; (b) amending the conditions of use of an optional reserved term; or (c) cancelling an optional reserved term.

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Article 90 Special provisions for the imports of wine 1. Save as otherwise provided for in international agreements concluded in accordance with the TFEU, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter, and the definitions, designations and sales descriptions referred to in Article 78 of this Regulation shall apply to products imported into the Union and falling within CN codes 200961, 200969 and 2204. 200969, 2204 and, where applicable, ex22029919 (other, de-alcoholised wine with an alcoholic strength by volume not exceeding 0,5 %) 2. Save as otherwise provided for in international agreements concluded in accordance with the TFEU, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation or, prior to the authorisation pursuant to Article 80(3), produced in accordance with oenological practices recommended and published by the OIV. 3. The Save as otherwise provided for in international agreements concluded in accordance with the TFEU, 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, if the product is intended for direct human consumption.

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Article 92 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 VII. However, the rules laid down in this section do not apply to products referred to in Annex VII, Part II, points (1), (4), (5), (6), (8) and (9), when such products have undergone a total de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E. 2. The rules referred to in paragraph 1 shall be based on: (a) protecting the 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 referred to in this Section, whilst allowing national quality policy measures.

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Article 93 Definitions 1. For the purposes of this Section, the following definitions shall apply: (a) "a designation of origin" origin means the name of a region, name, including a specific place or, in exceptional and duly justifiable cases, a country traditionally used to describe name, which identifies a product referred to in Article 92(1) fulfilling the following requirements: 92(1): (i) the whose quality and or characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; (ii) the as originating in a specific place, region or, in exceptional cases, country; (iii) produced from grapes from which the product is produced come originate exclusively from that geographical area; (iii) (iv) the production of which takes place in that geographical area; and (iv) the product (v) which is obtained from vine varieties belonging to Vitis vinifera; vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis. (b) "a geographical indication" indication means an indication referring to a region, name, including a specific place or, in exceptional and duly justifiable cases, a country, traditionally used to describe name, which identifies a product referred to in Article 92(1) fulfilling the following requirements: 92(1): (i) it possesses a whose specific quality, reputation or other characteristics are attributable to that its geographical origin; (ii) as originating in a specific place, region or, in exceptional cases, country; (iii) as having at least 85 % of the grapes used for its production come exclusively from that geographical area; (iii) its (iv) the production of which takes place in that geographical area; and (iv) it (v) which 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) fulfil the requirements referred to in points (a)(i) to (iv) of paragraph 1; and (d) have undergone 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. 4. Production as referred to in point (a)(iii) of paragraph 1 shall cover 1, points (a)(iv) and (b)(iv), includes all the operations involved, from the harvesting of the grapes to the completion of the wine-making processes, with the exception of the harvesting of grapes not coming from the geographical area concerned as referred to in paragraph 1, point (b)(iii), and with the exception of any post-production processes. 5. For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated area shall originate from the Member State or third country in which the demarcated area is situated.

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Article 94 Applications for protection 1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing: include: (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 relating to the designation of origin or geographical indication. The product specification shall at least consist of: (a) the name to be protected; (b) a description of the wine or wines: (i) in respect of a designation of origin, the principal analytical and organoleptic characteristics; (ii) in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; (c) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them; (d) the demarcation of the geographical area concerned; (e) the maximum yields per hectare; (f) an indication of the wine grape variety or varieties that the wine or wines are obtained from; (g) the details bearing out the link referred to in Article 93(1), point (a)(i) (a)(i), or, as the case may be, point (b)(i): (i) as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in Article 93(1), point (b)(i) (a)(i); the details concerning the human factors of that geographical environment may, where relevant, be limited to a description of the soil, plant material and landscape management, cultivation practices or any other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in that point; (ii) as regards a protected geographical indication, the link between a specific quality, the reputation or other characteristic of the product, and the geographical origin referred to in Article 93(1); 93(1), point (b)(i); (h) applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law; (i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks. The product specification may contain a description of the contribution of the designation of origin or geographical indication to sustainable development. Where the wine or wines may be partially de-alcoholised, the product specification shall also contain a description of the partially de-alcoholised wine or wines in accordance with the second subparagraph, point (b), mutatis mutandis, and, where applicable, the specific oenological practices used to make the partially de-alcoholised wine or wines, as well as the relevant restrictions on making them. 3. Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

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Article 96 Preliminary national procedure 1. Applications for protection of a designation of origin or a geographical indication for wines originating in the Union shall be subject to a preliminary national procedure. 2. The application for protection shall be filed with the Member State in the territory of which the designation of origin or geographical indication originates. 3. The Member State with which the application for protection is filed shall examine it in order to verify whether it meets the conditions set out in this Subsection. That Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with that Member State. 4. If the Member State assessing the application considers that the designation of origin or the geographical indication does not comply with the conditions laid down in this Subsection or is incompatible with Union law, it shall reject the application. 5. If the Member State assessing the application considers that the requirements are fulfilled, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet and forward the application to the Commission.When forwarding an application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a declaration that it considers that the application lodged by the applicant meets the conditions for protection under this Section and the provisions adopted pursuant thereto and that it certifies that the single document referred to in Article 94(1), point (d), constitutes a faithful summary of the product specification. Member States shall inform the Commission of any admissible oppositions submitted under the national procedure. 6. The Member State shall inform the Commission without delay if any proceedings are initiated before a national court or other national body concerning an application for protection that the Member State has forwarded to the Commission, in accordance with paragraph 5, and if the application has been invalidated at national level by an immediately applicable but not final judicial decision.

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Article 97
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 94 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 adopt implementing acts concerning the publication, in the Official Journal of the European Union, of the single document referred to in point (d) of Article 94(1) and of the reference to the publication of the product specification made in the course of the preliminary national procedure. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).
4. Where the Commission considers that the conditions laid down in this Subsection are not met, it shall adopt implementing acts rejecting the application.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 97
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 applications for protection that it receives in accordance with Article 96(5). The Commission shall check that the applications contain the required information and that they do not contain manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned. That scrutiny shall focus in particular on the single document referred to in Article 94(1), point (d).
Scrutiny by the Commission should not exceed a period of six months from the date of receipt of the application from the Member State. Where that period is exceeded, the Commission shall inform the applicants of the reasons for the delay, in writing.
3. The Commission shall be exempted from the obligation to meet the deadline to perform the scrutiny referred to in paragraph 2, second subparagraph, and to inform the applicant of the reasons for the delay where it receives a communication from a Member State, concerning an application for registration lodged with the Commission in accordance with Article 96(5), which either:
(a) informs the Commission that the application has been invalidated at national level by an immediately applicable but not final judicial decision; or
(b) requests the Commission to suspend the scrutiny referred to in paragraph 2 because national judicial proceedings have been initiated to challenge the validity of the application and the Member State considers that those proceedings are based on valid grounds.
The exemption shall have effect until the Commission is informed by the Member State that the original application has been restored or that the Member State withdraws its request for suspension.
4. Where, on the basis of the scrutiny carried out pursuant to paragraph 2 of this Article, the Commission considers that the conditions laid down in Articles 93, 100 and 101 are met, it shall adopt implementing acts concerning the publication, in the Official Journal of the European Union, of the single document referred to in Article 94(1), point (d), and of the reference to the publication of the product specification made in the course of the preliminary national procedure. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).
Where, on the basis of the scrutiny carried out pursuant to paragraph 2 of this Article, the Commission considers that the conditions laid down in Articles 93, 100 and 101 are not met, it shall adopt implementing acts rejecting the application.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 98
Objection procedure
Within two months from the date of the publication of the single document as referred to in point (d) of Article 94(1), any Member State or third country, or any natural or legal person having a legitimate interest and 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 the case of natural or legal persons resident or established in third countries, such a statement shall be submitted, either directly or via the authorities of the third country concerned, within the two month period referred to in the first paragraph.

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Article 98
Objection procedure
1. Within three months from the date of publication of the single document referred to in Article 94(1), point (d), in the Official Journal of the European Union, the authorities of a Member State or of a third country, or any natural or legal person residing or established in a third country and having a legitimate interest, may submit a reasoned statement of objection to the Commission opposing the proposed protection.
Any natural or legal person residing or established in a Member State other than the Member State that forwarded the application for protection and having a legitimate interest, may submit the statement of objection via the authorities of the Member State in which it is resident or established within a time limit permitting a statement of objections to be submitted pursuant to the first subparagraph.
2. If the Commission considers that the objection is admissible, it shall invite the authority or natural or legal person that lodged the objection and the authority or natural or legal person that lodged the application for protection to engage in appropriate consultations for a reasonable period that shall not exceed three months. The invitation shall be issued within a period of five months from the date on which the application for protection to which the reasoned statement of objection relates was published in the Official Journal of the European Union. The invitation shall be accompanied by a copy of the reasoned statement of objection. At any time during these three months, the Commission may extend the deadline for the consultations by a maximum of three months at the request of the authority or natural or legal person that lodged the application.
3. The authority or person that lodged the objection and the authority or person that lodged the application for protection shall start the consultations referred to in paragraph 2 without undue delay. They shall provide each other with the information necessary to assess whether the application for protection complies with this Regulation and the provisions adopted pursuant thereto.
4. If the authority or person that lodged the objection and the authority or person that lodged the application for protection reach an agreement, either the applicant established in the third country or the authorities of the Member State or of the third country from which the application for protection was lodged shall notify the Commission of the results of the consultations and of all the factors which enabled that agreement to be reached, including the opinions of the parties. If the details published pursuant to Article 97(4) have been substantially amended, the Commission shall repeat the scrutiny referred to in Article 97(2) after a national procedure ensuring adequate publication of those amended details has been carried out. Where, following the agreement, there are no amendments to the product specification or where the amendments to the product specification are not substantial, the Commission shall adopt a decision in accordance with Article 99(1) conferring protection on the designation of origin or geographical indication, notwithstanding the receipt of an admissible statement of objection.
5. If no agreement is reached, either the applicant established in the third country or the authorities of the Member State or of the third country from which the application for protection was lodged shall notify the Commission of the results of the consultations carried out and of all the related information and documents. The Commission shall adopt a decision in accordance with Article 99(2) either conferring protection or rejecting the application.

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Article 99
Decision on protection
On the basis of the information available to the Commission upon the completion of the objection procedure referred to in Article 98, the Commission shall adopt implementing acts either conferring 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 rejecting the application where those conditions are not met.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

after (02013R1308-20211207)

Article 99
Decision on protection
1. Where the Commission has not received an admissible statement of objection in accordance with Article 98, it shall adopt implementing acts conferring protection. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).
2. Where the Commission has received an admissible statement of objection, it shall adopt implementing acts either conferring protection or rejecting the application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
3. Protection conferred under this Article is without prejudice to the obligation of producers to comply with other Union rules, in particular those relating to the placing of products on the market and to food labelling.

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Article 102 Relationship with trade marks 1. The registration of Where a trade mark that contains or consists of a protected designation of origin or a geographical indication which does not comply with is registered under this Regulation, the product specification concerned or registration of a trade mark the use of which falls under would contravene Article 103(2), and that which relates to a product falling under one of the categories listed in Annex VII, Part II of Annex VII II, shall be: (a) be refused if the application for registration of the trade mark is was submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission. Trade marks registered in breach of the first subparagraph shall be invalidated. 2. Without prejudice to Article 101(2) of this Regulation, a trade mark the use of which contravenes Article 103(2) of this Regulation, which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication was submitted to the Commission and the designation of origin or geographical indication is subsequently protected; or (b) invalidated. 2. Without prejudice to Article 101(2), a trade mark referred to in paragraph 1 of this Article which has been applied for, registered or established by use in good faith, if that possibility is provided for by the law concerned, in the territory of the Union either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, Commission, may continue to be used and renewed renewed, notwithstanding the protection registration of a designation of origin or geographical indication, provided that no grounds for the trade mark's mark’s invalidity or revocation exist under Directive 2008/95/EC (EU) 2015/2436 of the European Parliament and of the Council Directive 2008/95/EC (EU) 2015/2436 of the European Parliament and of the Council of 22 October 2008 16 December 2015 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, 336, 23.12.2015, p. 25). 1). or under Regulation (EU) 2017/1001 of the European Parliament and of the Council Regulation (EC) No 207/2009 (EU) 2017/1001 of the European Parliament and of the Council Regulation (EC) No 207/2009 of 26 February 2009 14 June 2017 on the Community European Union trade mark (OJ L 78, 24.3.2009, 154, 16.6.2017, p. 1).. In such cases, the use of the designation of origin or geographical indication shall be permitted alongside as well as use of the relevant trade marks.

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Article 103 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, as well as 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: name, including the use for products used as ingredients: (i) by comparable products not complying with the product specification of the protected name; or (ii) in so far as such use exploits exploits, weakens or dilutes 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 style, type, method, as produced in", "imitation", "flavour", "like" in, imitation, flavour, like or similar; similar, including where those products are used as ingredients; (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, as well as 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 101(1).4. The protection referred to in paragraph 2 also applies with regard to: (a) goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union; and (b) goods sold by means of distance selling, such as electronic commerce. For goods entering the customs territory of the Union without being released for free circulation within that territory, the group of producers or any operator that is entitled to use the protected designation of origin or protected geographical indication shall be entitled to prevent all third parties from bringing goods, in the course of trade, into the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation the protected designation of origin or protected geographical indication.

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Article 105
Amendments to product specifications
An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

after (02013R1308-20211207)

Article 105
Amendments to product specifications
1. An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to modify the demarcation of the geographical area referred to in Article 94(2), second subparagraph, point (d). Applications shall describe and state reasons for the amendments requested.
2. Amendments to a product specification shall be classified into two categories as regards their importance: Union amendments requiring an objection procedure at Union level and standard amendments to be dealt with at Member State or third country level.
For the purposes of this Regulation, Union amendment means an amendment to a product specification that:
(a) includes a change in the name of the protected designation of origin or the protected geographical indication;
(b) consists of a change, a deletion or an addition of a category of grapevine products referred to in Annex VII, Part II;
(c) risks voiding the link referred to in Article 93(1), point (a)(i), for protected designations of origin, or the link referred to in Article 93(1), point (b)(i), for protected geographical indications; or
(d) entails further restrictions on the marketing of the product.
Standard amendment means any amendment to a product specification that is not a Union amendment.
Temporary amendment means a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities.
3. Union amendments shall be approved by the Commission. The approval procedure shall follow the procedure laid down in Article 94 and Articles 96 to 99, mutatis mutandis.
Applications for approval of Union amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in that third country.
Applications for approval of Union amendments shall relate exclusively to Union amendments. If an application for a Union amendment also relates to standard amendments, the parts relating to standard amendments shall be deemed as not having been submitted, and the procedure for Union amendments shall apply only to the parts relating to that Union amendment.
The scrutiny of such applications shall focus on the proposed Union amendments.
4. Standard amendments shall be approved and made public by Member States in whose territory the geographical area of the product concerned is located and communicated to the Commission.
As regards third countries, amendments shall be approved in accordance with the law applicable in the third country concerned.

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Article 106 Cancellation The Commission may, on its own initiative or on a at the duly substantiated request by of a Member State, a third country country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication if in one or more of the following circumstances: (a) where compliance with the corresponding product specification is no longer ensured. guaranteed; (b) where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years; (c) where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wishes to maintain the protection of a designation of origin or a geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 106a
Temporary labelling and presentation
After an application for the protection of a designation of origin or geographical indication has been forwarded to the Commission, producers may indicate in the labelling and presentation of the product that an application has been filed and use national logos and indications, in compliance with Union law, in particular with Regulation (EU) No 1169/2011.
Union symbols indicating the protected designation of origin or protected geographical indication and the Union indications protected designation of origin or protected geographical indication may appear on the labelling only after the publication of the decision conferring protection on that designation of origin or geographical indication.
Where an application is rejected, any grapevine products labelled in accordance with the first paragraph may be marketed until the stocks are exhausted.

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Article 119 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 VII 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 Annex VII, Part II II. For grapevine products categories defined under Annex VII, Part II, points (1) and points (4) to (9), where such products have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, the designation of Annex VII; the category shall be accompanied by: (i) the term de-alcoholised if the actual alcoholic strength of the product is no more than 0,5 % by volume; or (ii) the term partially de-alcoholised if the actual alcoholic strength of the product is above 0,5 % by volume and is below the minimum actual alcoholic strength of the category before de-alcoholisation. (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, point (a), for grapevine products other than those which have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, 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 in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2); (b) in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

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Article 122 Delegated powers 1. In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning 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 119(2) as regards the omission of the reference to the category of the grapevine product; and (v) provisions on the use of languages; (vi) rules for the indication and designation of ingredients for the application of Article 119(1), point (i). (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; (iii) terms referring to a holding and the conditions for their use. (d) the presentation concerning: (i) the conditions of use of certain bottle shapes, shapes and of closures, 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. 2. In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning 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 fulfils the necessary requirements. 3. In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009. 4. In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

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Article 125 Sugar sector agreements 1. The terms for buying sugar beet and sugar cane, including pre-sowing delivery contracts, shall be governed by written agreements within the trade concluded between, on the one hand, Union growers of sugar beet and sugar cane or, on their behalf, the organisations of which they are members, and, on the other hand, Union sugar undertakings or, on their behalf, the organisations of which they are members. 2. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall be notified by sugar undertakings to the competent authorities of the Member State in which they produce sugar. 3. From 1 October 2017, agreements Agreements within the trade shall conform to the purchase terms laid down in Annex X. 4. In order to take into account the specific characteristics of the sugar sector and the development of the sector in the period following the ending of production quotas, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to: (a) update the terms referred to in Section A of Part II of Annex II; (b) update the purchase terms for beet referred to in Annex X; (c) lay down further rules on the determination of gross weight, tare and sugar content of sugar beet delivered to an undertaking, and on beet pulp. 5. The Commission may adopt implementing acts laying down the measures necessary for the application of this Article, including in respect of procedures, notifications and administrative assistance in the case of agreements within the trade covering more than one Member State. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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Article 147a
Payment delays for sales of wine in bulk
By way of derogation from Article 3(1) of Directive (EU) 2019/633, Member States may, upon request of an interbranch organisation recognised under Article 157 of this Regulation operating in the wine sector, provide that the prohibition referred to in Article 3(1), first subparagraph, point (a), of Directive (EU) 2019/633 does not apply to payments made under supply agreements between producers or resellers of wine and their direct buyers for sales transactions concerning wine in bulk, provided that:
(a) specific terms that allow payments to be made after 60 days are included in standard contracts for sales transactions concerning wine in bulk which have been made binding by the Member State pursuant to Article 164 of this Regulation before 30 October 2021 and this extension of the standard contracts is renewed by the Member State as from that date without any significant changes to the terms of payment that would be to the disadvantage of suppliers of wine in bulk; and
(b) the supply agreements between suppliers of wine in bulk and their direct buyers are multiannual or become multiannual.

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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 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, contract and/or be calculated by combining various factors set out in the contract, which may include market indicators reflecting objective indicators, indices and methods of calculation of the final price that are easily accessible and comprehensible and that reflect changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered, delivered; those indicators may be based on relevant prices, production and market costs; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain; the parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant, (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 … 396 unchanged words … 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 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 meaning of the third subparagraph of Article 148(1). 2. The negotiations 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, for a particular producer organisation, all of the following conditions are fulfilled: (i) the volume of raw milk covered by such negotiations does not exceed 3,5 4 % of total Union production, (ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and (iii) the volume of … 509 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 151 Compulsory declarations in the milk and milk products sector From 1 April 2015, the The first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month. month and the average price paid. A distinction shall be made between organic and non-organic milk. For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to: (a) subject it to collecting, packing, storing, chilling or processing, including under a contract; (b) sell it to one or more undertakings treating or processing milk or other milk products. Member States shall notify the Commission of the quantity quantities of raw milk and the average prices referred to in the first subparagraph. paragraph. The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the 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 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 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 and valorisation of by-products by-products, of residual flows and of waste waste, in particular to protect the quality of water, soil and landscape and landscape, preserving or encouraging biodiversity; biodiversity, and boosting circularity; (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; funds; (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 … 602 unchanged words … 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 153 Statutes of producer organisations 1. The statutes of a producer organisation shall require its producer members, in particular, to: (a) apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; (b) be members of only one producer organisation for any given product of the holding; however Member States may derogate from this condition in duly justified cases where producer members hold two distinct production units located in different geographical areas; (c) provide the information requested by the producer organisation for statistical purposes. 2. The statutes of a producer organisation shall also provide for: (a) procedures for determining, adopting and amending the rules referred to in point (a) of paragraph 1; (b) the imposition on members of financial contributions needed to finance the producer organisation; (c) rules enabling the producer members to scrutinise democratically their organisation and its decisions; decisions as well as its accounts and budgets; (d) penalties for infringement of obligations under the statutes, particularly for non-payment of financial contributions, or of the rules laid down by the producer organisation; (e) rules on the admission of new members, and in particular the minimum period of membership which may not be less than one year; (f) the accounting and budgetary rules necessary for the operation of the organisation. 2a. The statutes of a producer organisation may provide for the possibility of producer members being in direct contact with purchasers, provided that such direct contact does not jeopardise the concentration of supply and placing of products on the market by the producer organisation. Concentration of supply shall be deemed to have been ensured if the essential elements of the sales such as price, quality and volume are negotiated and determined by the producer organisation. 3. Paragraphs 1 1, 2 and 2 2a shall not apply to producer organisations in the milk and milk products sector.

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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; such provisions shall not prevent the recognition of producer organisations which are dedicated to small-scale production; (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 2018 and which fulfil the conditions laid down in paragraph 1 of this Article shall be deemed to be recognised as producer organisations pursuant to Article 152. 3. Where producer organisations have been recognised before 1 January 2018 but do not fulfil the conditions set out in paragraph 1 of this Article, Member States shall withdraw their 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 at national and regional levels and at the level of the economic areas referred to in Article 164(2) 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 of the supply chain: the processing of or trade in, including distribution 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 taking account of the interests of their members and of consumers, which may include, in particular, one of the following objectives: (i) improving knowledge and the transparency of production and the market, including by publication of aggregated statistical data on production costs, prices, including, where appropriate, price indices, volumes and duration of contracts which have been previously concluded, and by providing analyses of potential future market developments at regional, national or international level; (ii) forecasting of production potential, and recording public market prices; (iii) helping to coordinate better the way the products are placed on the market, in particular by means of research and market studies; (iv) exploring potential export markets; (v) without prejudice to Articles 148 and 168, drawing up standard forms of contract, compatible with Union rules, for the sale of agricultural products to purchasers and/or the supply of processed products to distributors and retailers, taking into account the need to achieve fair competitive conditions and to avoid market distortions; (vi) exploiting to a fuller extent the potential of the products, including at the level of market outlets, and developing initiatives to strengthen economic competitiveness and innovation; (vii) providing the information and carrying out the research necessary to innovate, rationalise, improve and adjust production and, where applicable, the processing and marketing, towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality, including the specific characteristics of products with a protected designation of origin or a protected geographical indication, and protection of the environment; environment, climate action, animal health and animal welfare; (viii) seeking ways of restricting the use of animal-health or plant protection products, better managing other inputs, ensuring product quality and soil and water conservation, promoting food safety, in particular through traceability of products, and improving animal health and welfare; (ix) developing methods and instruments for improving product quality at all stages of production and, where applicable, of processing and marketing; (x) taking all possible actions to uphold, protect and promote organic farming and designations of origin, quality labels and geographical indications; (xi) promoting and carrying out research into integrated, sustainable production or other environmentally sound production methods; (xii) encouraging healthy and responsible consumption of the products on 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 and developing initiatives for the valorisation of by-products and the reduction and management of 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) promoting and implementing measures to prevent prevent, control and manage animal health, plant-protection and environmental risks. risks, including by setting up and managing mutual funds or by contributing to such funds with a view to paying financial compensation to farmers for costs and economic losses arising from the promotion and implementation of such measures; 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 … 476 unchanged words … 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 158 Recognition of interbranch organisations 1. Member States may recognise interbranch organisations applying for such recognition, provided that they: (a) fulfil the requirements laid down in Article 157; (b) carry out their activities in one or more regions in the territory concerned; (c) account for a significant share of the economic activities referred to in point (a) of Article 157(1); (ca) strive for a balanced representation of the organisations in the stages of the supply chain referred to in Article 157(1), point (a), that constitute the interbranch organisation; (d) with the exception of the cases laid down in Article 162, do not, themselves, engage in production, processing or trade. 2. Member States may decide that interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are deemed to be recognised as interbranch organisations pursuant to Article 157. 3. Interbranch organisations which have been recognised before 1 January 2014 on the basis of national law and which do not fulfil the conditions laid down in paragraph 1 of this Article may continue to exercise their activities under national law until 1 January 2015. 4. Member States may recognise interbranch organisations in all sectors existing prior to 1 January 2014, whether they were recognised on request or established by law, even though they do not fulfil the condition laid down in Article 157(1), point (b) of Article 157(1) or in point (b) of Article 157(3). (b). 5. Where Member States recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall: (a) decide whether to grant recognition within four months of the lodging of an application with all relevant supporting documents; 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 interbranch organisations are complying with the conditions governing their recognition; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; (d) withdraw recognition if the requirements and conditions for recognition laid down in this Article are no longer met; (e) 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 163 Recognition of interbranch organisations in the milk and milk products sector 1. Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations: (a) fulfil the requirements laid down in Article 157(3); 157; (b) carry out their activities in one or more regions in the territory concerned; (c) account for a significant share of the economic activities referred to in Article 157(1), point (a) of Article 157(3); (a); (d) do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector. 2. Member States may decide that interbranch 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 recognised as interbranch organisations under Article 157(3). 157(1). 3. Where Member States make use of the option to recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall: (a) decide whether to grant recognition to the interbranch 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 interbranch organisations are complying with the conditions governing their recognition; (c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn; (d) withdraw recognition if: (i) if the requirements and conditions for recognition laid down in this Article are no longer fulfilled; (ii) the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law; (iii) the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2); (e) 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 164 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 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 within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups, who do not belong to the organisation or association. 2. For the purposes of this Section, an "economic area" economic area means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. homogeneous, or, for products with a protected designation of origin or protected geographical indication recognised under Union law, the geographical zone specified in the product specification. 3. An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State, it accounts for: (a) as a proportion of the volume of production of, 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) in the case of producer organisations, more than 50 % of the producers concerned. However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph. Where the request for an 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 for 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) the drawing up of standard contracts which are compatible with Union rules; (d) marketing; (e) 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 conservation or improvement of the environment; (k) the definition of minimum qualities and definition of minimum standards of packing and presentation; (l) the use of certified seed except when used for organic production within the meaning of Regulation (EU) 2018/848, and the monitoring of product quality; (m) the prevention and management of phytosanitary, animal health, plant health food safety or food safety; environmental risks; (n) the management and valorisation of by-products. Those rules shall not cause any damage to other operators operators, nor prevent the entry of new operators, in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force. 5. The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned. 6. Member States shall notify the Commission of any decisions taken under this Article.

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Article 165 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 164 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to the products concerned, the Member State which has granted recognition may, after consulting the relevant stakeholders, decide that individual economic operators 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 one or more of the activities in question.Any organisation which receives contributions from non-members under this Article, if requested by a member or a non-member that contributes financially to the activities of the organisation, shall make available those parts of its yearly budget which relate to the pursuit of activities listed in Article 164(4).

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Article 166a
Regulation of supply of agricultural products with a protected designation of origin or protected geographical indication
1. Without prejudice to Articles 167 and 167a of this Regulation, at the request of a producer organisation or association of producer organisations recognised under Article 152(1) or 161(1) of this Regulation, an interbranch organisation recognised under Article 157(1) of this Regulation, a group of operators as referred to in Article 3(2) of Regulation (EU) No 1151/2012 or a group of producers as referred to in Article 95(1) of this Regulation, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of agricultural products referred to in Article 1(2) of this Regulation benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012 or under Article 93(1), points (a) and (b), of this Regulation.
2. The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement that is to be concluded between at least two-thirds of the producers of the product as referred to in paragraph 1 of this Article or their representatives, accounting for at least two-thirds of the production of that product in the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012 or Article 93(1), points (a)(iii) and (b)(iv), of this Regulation for wine. Where the production of the product referred to in paragraph 1 of this Article involves processing and the product specification referred to in Article 7(1) of Regulation (EU) No 1151/2012 or in Article 94(2) of this Regulation restricts the sourcing of the raw material to a specific geographical area, Member States shall require, for the purposes of the rules to be laid down according to paragraph 1 of this Article:
(a) that the producers of that raw material in the specific geographical area be consulted prior to the conclusion of the agreement referred to in this paragraph; or
(b) that at least two-thirds of the producers of the raw material or their representatives, representing at least two-thirds of the production of the raw material used in the processing in the specific geographical area, are also parties to the agreement referred to in this paragraph.
3. By way of derogation from paragraph 2 of this Article, for the production of cheese benefitting from a protected designation of origin or protected geographic indication, the rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between at least two-thirds of the milk producers or their representatives representing at least two-thirds of the raw milk used for the production of that cheese and, where relevant, at least two-thirds of the producers of that cheese or their representatives representing at least two-thirds of the production of that cheese in the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012.
For the purpose of the first subparagraph of this paragraph, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in Article 7(1), point (c), of Regulation (EU) No 1151/2012 relating to that cheese.
4. The rules referred to in paragraph 1:
(a) shall only cover the regulation of supply of the product concerned and, where applicable, the raw material and shall have the aim of adapting the supply of that product to demand;
(b) shall have effect only on the product and, where applicable, the raw material, concerned;
(c) may be made binding for no more than three years, but may be renewed after that period following a new request, as referred to in paragraph 1;
(d) shall not damage trade in products other than those concerned by those rules;
(e) shall not relate to any transaction after the first marketing of the product concerned;
(f) shall not allow for price fixing, including where prices are set for guidance or recommendation;
(g) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;
(h) shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;
(i) shall contribute to maintaining the quality of the product concerned or to the development of the product concerned.
(j) shall be without prejudice to Article 149 and Article 152(1a).
5. The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.
6. Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with. Where the competent national authorities find that such conditions have not been complied with, Member States shall repeal the rules referred to in paragraph 1.
7. Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.
8. The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 of this Article if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4 of this Article, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedures referred to in Article 229(2) and (3) of this Regulation.

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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 … 363 unchanged words … to in 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, contract and/or be calculated by combining various factors set out in the contract, which may include market indicators reflecting objective indicators, indices and methods of calculation of the final price, that are easily accessible and comprehensible and that reflect changes in market conditions, the quantities delivered and the quality or composition of the agricultural products delivered, delivered; those indicators may be based on relevant prices, production and market costs; to that effect, Member States may determine indicators, in accordance with objective criteria based on studies carried out on production and the food supply chain; the parties to the contracts are free to refer to these indicators or any other indicators which they deem relevant. (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) … 399 unchanged words … 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 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 with downstream operators 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 172b
Guidance by interbranch organisations for the sale of grapes for wines with a protected designation of origin or protected geographical indication
By way of derogation from Article 101(1) TFEU, interbranch organisations recognised under Article 157 of this Regulation operating in the wine sector may provide non-mandatory price guidance indicators concerning the sale of grapes for the production of wines with a protected designation of origin or protected geographical indication, provided that such guidance does not eliminate competition in respect of a substantial proportion of the products in question.

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Article 182 Additional import duties 1. The Commission may adopt implementing acts determining the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, 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 equal to either 125 %, 110 % or 105 %, depending on whether market access opportunities opportunities, defined as imports expressed as a percentage of the corresponding domestic consumption during the three previous years. preceding years, are less than or equal to 10 %, greater than 10 % but less than or equal to 30 %, or greater than 30 %, respectively. Where domestic consumption is not taken into account, the trigger volume shall be equal to 125 %. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(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 the first subparagraph 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 adopt implementing acts laying down the measures necessary for the application of 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 193a
Suspension of import duties for molasses
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by establishing rules for the suspension of import duties in whole or in part for molasses falling within CN Code 1703.
2. In application of the rules referred to in paragraph 1 of this Article, the Commission may adopt implementing acts to suspend in whole or in part import duties for molasses falling within CN Code 1703, without applying the procedure referred to in Article 229(2) or (3).

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Article 206 Commission guidelines on the application of competition rules to agriculture Save as otherwise provided in this Regulation, and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210 210a of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products. In order to ensure the functioning of the internal market and the uniform application of Union competition rules, the Commission and the competition authorities of the Member States shall apply the Union competition rules in close cooperation. In addition, the Commission shall, where appropriate, publish guidelines to assist the national competition authorities, as well as undertakings.

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Article 208 Dominant position For the purposes of this Chapter, "dominant position" dominant position means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers of its suppliers or customers, and ultimately of consumers.

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Article 210 Agreements and concerted practices of recognised interbranch organisations 1. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with which are necessary in order to meet the object of carrying out the activities objectives listed in Article 157(1), point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) (c), of this Regulation, and, for Regulation or, as regards the olive oil and table olives and tobacco sectors, the objectives listed in Article 162 of this Regulation. Regulation, and which are not incompatible with Union rules under paragraph 4 of this Article. Agreements, decisions and concerted practices which fulfil the conditions referred to in the first subparagraph of this paragraph shall not be prohibited, no prior decision to that effect being required. 2. Paragraph 1 shall apply provided that: (a) Recognised interbranch organisations may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices referred to therein have been notified to the Commission; and (b) within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules. Where the Commission finds that the agreements, decisions or concerted practices as referred to in paragraph 1 are incompatible with Union rules, it this Article. The Commission shall set out send the requesting interbranch organisation its finding without applying opinion within four months of receipt of a complete request. If the procedure Commission finds at any time after issuing an opinion that the conditions referred to in paragraph 1 of this Article 229(2) are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or (3). concerted practice in question and inform the interbranch organisation accordingly. The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the requesting interbranch organisation has provided inaccurate information or misused the opinion. 3. The agreements, decisions and concerted practices referred to in paragraph 1 may not be put into effect before the lapse of the two-month period referred to in point (b) of the first subparagraph of paragraph 2. 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 the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that Article 101(1) TFEU 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. 7. The Commission may adopt implementing acts laying down the measures necessary for the uniform application of 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 210a
Vertical and horizontal initiatives for sustainability
1. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of producers of agricultural products that relate to the production of or trade in agricultural products and that aim to apply a sustainability standard higher than mandated by Union or national law, provided that those agreements, decisions and concerted practices only impose restrictions of competition that are indispensable to the attainment of that standard.
2. Paragraph 1 applies to agreements, decisions and concerted practices of producers of agricultural products to which several producers are party or to which one or more producers and one or more operators at different levels of the production, processing, and trade in the food supply chain, including distribution, are party.
3. For the purposes of paragraph 1, sustainability standard means a standard which aims to contribute to one or more of the following objectives:
(a) environmental objectives, including climate change mitigation and adaptation, the sustainable use and protection of landscapes, water and soil, the transition to a circular economy, including the reduction of food waste, pollution prevention and control, and the protection and restoration of biodiversity and ecosystems;
(b) the production of agricultural products in ways that reduce the use of pesticides and manage risks resulting from such use, or that reduce the danger of antimicrobial resistance in agricultural production; and
(c) animal health and animal welfare.
4. Agreements, decisions and concerted practices that fulfil the conditions referred to in this Article shall not be prohibited, no prior decision to that effect being required.
5. The Commission shall issue guidelines for operators concerning the conditions for the application of this Article by 8 December 2023.
6. From 8 December 2023, producers as referred to in paragraph 1 may request an opinion from the Commission concerning the compatibility of agreements, decisions and concerted practices as referred to in paragraph 1 with this Article. The Commission shall send the applicant its opinion within four months of receipt of a complete request.
If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraphs 1, 3 and 7 of this Article are no longer met, it shall declare that Article 101(1) TFEU shall apply in the future to the agreement, decision or concerted practice in question and inform the producers accordingly.
The Commission may change the content of an opinion at its own initiative or at the request of a Member State, in particular if the applicant has provided inaccurate information or misused the opinion.
7. The national competition authority as referred to in Article 5 of Regulation (EC) No 1/2003 may decide in individual cases that, in the future, one or more of the agreements, decisions and concerted practices referred to in paragraph 1 are to be modified, discontinued or not take place at all, if it considers that such a decision 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 agreements, decisions and concerted practices 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 procedures referred to in Article 229(2) and (3).
When acting under the first subparagraph of this paragraph, the national competition authority shall inform the Commission in writing after initiating the first formal measure of the investigation and shall notify the Commission of any resulting 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.

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Article 219 Measures against market disturbance 1. 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 other events and circumstances significantly disturbing or threatening to disturb the market, market concerned, where that situation, or its effects on the market, is likely to continue or deteriorate, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to take the measures necessary to address that market situation, while respecting any obligations resulting from international agreements concluded in accordance with the TFEU and provided that any other measures available under this Regulation appear to be insufficient. insufficient or not suitable. Where, in the cases of threats of market disturbances referred to in the first subparagraph of this paragraph, imperative grounds of urgency so require, the procedure provided for in Article 228 shall apply to delegated acts adopted pursuant to the first subparagraph of this paragraph. Those imperative grounds of urgency may include the need to take immediate action to address or prevent market disturbance, where threats of market disturbance occur so swiftly or unexpectedly that immediate action is necessary to efficiently and effectively address the situation, or where action would prevent such threats of market disturbance from materialising, continuing or turning into a more severe or prolonged disturbance, or where delaying immediate action would threaten to cause or aggravate the disturbance or would increase the extent of the measures which would later be necessary to address the threat or disturbance or would be detrimental to production or market conditions. Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, adjust or suspend import duties in whole or in part including for certain quantities or periods as necessary. necessary, or take the form of a temporary voluntary production reduction scheme, in particular in cases of oversupply. 2. The measures referred to in paragraph 1 shall not apply to products listed in Section 2 of Part XXIV of Annex I. However, the Commission may, by means of delegated acts adopted in accordance with the urgency procedure referred to in Article 228, decide that the measures referred to in paragraph 1 shall apply to one or more of the products listed in Section 2 of Part XXIV of Annex I. 3. The Commission may adopt implementing acts laying down necessary procedural rules and technical criteria for the application of measures referred to in paragraph 1 of 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 220 Measures concerning animal diseases and plant pests and the loss of consumer confidence due to public, animal or plant health risks 1. The Commission may adopt implementing acts taking exceptional support measures for the affected market in order to take account of: (a) restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals; animals or the spread of plant pests; and (b) serious market disturbances directly attributed to a loss in consumer confidence due to public, animal or plant health and disease risks. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). 2. The measures provided for in paragraph 1 shall apply to any of the following sectors: (-a) fruit and vegetables; (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 the first subparagraph 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. The Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure referred to in Article 228, extending the list of products in the first two subparagraphs of this paragraph. 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 paragraph 1, first subparagraph, point (a) of the first subparagraph of paragraph 1 may be taken only if the Member State concerned has taken health and health, veterinary or phytosanitary measures quickly to stamp out the disease, disease or to monitor, control and eradicate or contain the pest, 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 a distortion of competition between producers in different Member States.

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Article 222a
Union market observatories
1. In order to improve transparency within the food supply chain, to inform the choices of economic operators and public authorities, to facilitate the monitoring of market developments and threats of market disturbance, the Commission shall establish Union market observatories.
2. The Commission may decide for which agricultural sectors from those listed in Article 1(2) the Union market observatories shall be established.
3. The Union market observatories shall make available the statistical data and information necessary for the monitoring of market developments and threats of market disturbance, in particular:
(a) production, supply and stocks;
(b) prices, costs and, as far as possible, profit margins at all levels of the food supply chain;
(c) short- and medium-term market forecasts;
(d) imports and exports of agricultural products, in particular the filling of tariff quotas for the import of agricultural products into the Union.
The Union market observatories shall produce reports containing the elements referred to in the first subparagraph.
4. The Member States shall collect the information referred to in paragraph 3 and provide it to the Commission.

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Article 222b
Commission reporting on market developments
1. In their reports, Union market observatories established pursuant to Article 222a shall identify threats of market disturbance related to significant price increases or decreases in internal or external markets or to other events or circumstances having similar effects.
2. The Commission shall regularly present to the European Parliament and to the Council information on the market situation for agricultural products, the causes of market disturbances and possible measures to be taken in response to those market disturbances, in particular measures provided for in Part II, Title I, Chapter I, and Articles 219, 220, 221 and 222, as well as the rationale for those measures

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Article 223 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, checking, controlling, monitoring, evaluating and auditing CAP measures, and complying with the requirements laid down in international agreements concluded in accordance with the TFEU, 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 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, Union and national financial market authorities, 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. The Commission shall cooperate and exchange information with competent authorities designated in accordance with Article 22 of Regulation (EU) No 596/2014 and with the European Securities and Markets Authority (ESMA), to help them fulfil their tasks under Regulation (EU) 596/2014. 2. In order to ensure the integrity of information systems and the authenticity and legibility of documents and associated data transmitted, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down: (a) the nature and type of information to be notified; (b) the categories of data to be processed, the maximum retention periods and the purpose of the processing, in particular in the event of the publication of such data and their transfer to third countries; (c) the access rights to the information or information systems made available; (d) the conditions of publication of the information. 3. The Commission shall adopt implementing acts laying down the measures necessary for the application of this Article, including: (a) the methods of notification; (b) rules on the information to be notified; (c) arrangements for the management of the information to be notified, as well as on the content, form, timing, frequency and deadlines of the notifications; (d) the 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 229(2).

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Article 225 Reporting obligation of the Commission The Commission shall present a report to the European Parliament and to the Council: (a) every three years and for the first time by21 December 2016 the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems; (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 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals; (c) by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives; (d) by 31 December 2017, 2025, and every seven years thereafter, on the application of the competition rules as laid down in this Regulation to the agricultural sector in all Member States, States; (da) by 31 December 2023 on the Union market observatories set up in accordance with Article 222a; (db) by 31 December 2023, and every three years thereafter, on the use of the crisis measures in particular adopted pursuant to Articles 219, to 222; (dc) by 31 December 2024 on the operation use of Articles 209 new information and 210, communication technologies to ensure better market transparency as referred to in Article 223; (dd) by 30 June 2024 on sales designations and of Articles 169, 170 and 171 carcass classification in the sectors concerned; sheepmeat and goatmeat sector; (e) by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2); (f) by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.

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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) 07099960 Sweetcorn, fresh or chilled 07129019 Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing 10019120 Common wheat and meslin seed ex10019900 Spelt, common wheat and meslin other than for sowing 1002 Rye 1003 Barley 1004 Oats 10051090 Maize (corn) seed other than hybrid 10059000 Maize other than seed 10071090, 10079000 Grain sorghum, other than hybrids for sowing 1008 Buckwheat, millet and canary seed; other cereals (b) 10011100, 10011900 Durum wheat (c) 110100 Wheat or meslin flour 11029070 Rye flour 110311 Groats and meal of wheat 1107 Malt, whether or not roasted (d) 0714 ex0714 - Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes salep 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; pellets, excluding sweet potatoes of subheading 071420 and Jerusalem artichokes of subheading ex07149090; sago pith pith; ex1102 Cereal flours other than of wheat or meslin: 110220 – Maize (corn) flour 110290 – Other: 11029010 – – Barley flour 11029030 – – Oat flour 11029090 – – Other ex1103 Cereal groats, meal and pellets with the exception of groats and meal of wheat … 1,318 unchanged words … 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: This includes swedes. CN code Description 07020000 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, roots , fresh or chilled 070700 Cucumbers and gherkins, fresh or chilled 0708 Leguminous vegetables, shelled or unshelled, fresh or chilled ex0709 Other vegetables, fresh or chilled, excluding vegetables of subheadings 07096091, 07096095, 07096099, 07099210, ex07096099 of genus Pimenta, 07099210 and 07099290 and 07099960 071420 sweet potatoes ex07149090 Jerusalem artichokes ex0802 Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and kola nuts falling within subheading 08027000, 08028000 08031010 Fresh plantains 08031090 Dried plantains 08042010 Figs, fresh 08043000 Pineapples 08044000 Avocados 08045000 Guavas, mangos and mangosteens 0805 Citrus fruit, fresh or … 908 unchanged words … of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 22043092, 22043094, 22043096 and 22043098 (c) 08061090 Fresh grapes other than table grapes 22090011 22090019 Wine vinegar (d) 22060010 Piquette 23070011 23070019 Wine lees 23080011 23080019 Grape marc (e) ex22029919 - - - Other, de-alcoholised wine with an alcoholic strength by volume not exceeding 0,5 % vol. 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 … 2,194 unchanged words … of the genus Capsicum or of the genus Pimenta: – – Other: 07096091 – – – – Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes 07096095 – – – For the industrial manufacture of essential oils or resinoids 07096099 – – – Other ex07096099 - - - Other, of genus Pimenta ex0710 Vegetables (uncooked or cooked by steaming or boiling in water), frozen: ex071080 – Other vegetables: – – Fruits of the genus Capsicum or of the genus Pimenta: 07108059 – – – Other than sweet peppers ex0711 Vegetables provisionally preserved (for example, by sulphur … 1,768 unchanged words … proportion 1105 Flour, meal, powder, flakes, granules and pellets of potatoes 12129400 Chicory roots 22090091 and 22090099 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

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ANNEX III STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLES 7 AND 135 ARTICLE 1a OF REGULATION (EU) No 1370/2013 Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013, p. 12); A. Standard quality for paddy rice Paddy rice of standard quality shall: (a) be of sound, fair and 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 10061027 and 10061098 1,5 % chalky grains of paddy rice under CN codes other than 10061027 and 10061098: 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, fair and marketable 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) sound, fair and marketable 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 not exceeding 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 ("the Brunswick method"), 6 for the colouring of the solution, determined using the method of the International Commission for Uniform Methods of Sugar Analysis ("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.

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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 the name of the food, within the meaning of Article 17 of Regulation (EU) No 1169/2011. 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. II. Classification of bovine animals aged less than 12 months at the slaughterhouse 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 eight months Category identification letter: V; (B) Category Z: bovine animals aged from 8 months to less than 12 months Category identification letter: Z. This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L 204, 11.8.2000, p. 1).. At the request of a group referred to in Article 3(2) of Regulation (EU) No 1151/2012, the relevant Member State may decide that the conditions referred to in this point do not apply to the meat of bovine animals with a protected designation of origin or protected geographical indication protected in accordance with Regulation (EU) No 1151/2012 registered before 29 June 2007. III. 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 … 770 unchanged words … independent third-party body shall ensure that the requirements of this Part are fulfilled. The independent body shall provide full assurance of compliance with the conditions laid down in European Standard EN 45011 or ISO/IEC Guide 65. PART II Categories of grapevine products The categories of grapevine products shall be those set out in points (1) to (17). The categories of grapevine products set out in point (1) and points (4) to (9) may undergo a total or partial de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E, after having fully attained their respective characteristics as described in those points. (1) Wine "Wine" means 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 … 397 unchanged words … Annex shall be avoided. (2) New wine still in fermentation "New wine still in fermentation" means 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" means the product: (a) which has with an actual alcoholic strength of not less than 15 % by volume and not more than 22 % by volume. Exceptionally, and for wines of prolonged ageing, those limits may differ in certain liqueur wines with a designation of origin or geographical indication on the list established by the Commission by means of delegated acts adopted in accordance with Article 75(2), on the condition that: the wines put into the ageing process shall fulfil the definition of liqueur wines; and the actual alcoholic strength of the aged wine shall not be less than 14 % by 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 … 4,839 unchanged words … Article 75(2) for this category. Appendix I 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, Estonia, Ireland, Lithuania, the Netherlands, Poland, Sweden Poland and the United Kingdom: Sweden: the wine-growing areas of these Member States; (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 oblasť, Južnoslovenská vinohradnícka oblasť, Nitrianska vinohradnícka oblasť, Stredoslovenská vinohradnícka oblasť, Východoslovenská vinohradnícka oblasť 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 wine-growing region of Podișul Transilvaniei; (h) in Croatia, the areas planted with vines in the following sub-regions: Moslavina, Prigorje-Bilogora, Plešivica, Pokuplje and Zagorje-Međimurje. (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, … 465 unchanged words … 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 wine-growing regions: Dealurile Munteniei și Olteniei with the vineyards Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions; (g) in Croatia, areas planted with vines in the following sub-regions: Hrvatska Istra, Hrvatsko primorje, primorje and Dalmatinska zagora, Sjeverna Dalmacija and Srednja i Južna Dalmacija. zagora; (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. vines; (h) in Croatia, areas planted with vines in the following sub-regions: Sjeverna Dalmacija and Srednja i Južna Dalmacija. (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 … 535 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 acidification, de-acidification in certain wine-growing zones and de-alcoholisation 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, … 555 unchanged words … point 6 to 12 % volume in wine-growing zone A and 12,5 % volume in wine-growing 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 protected designation of origin or protected geographical indication to a level to be determined by Member States. C. Acidification and de-acidification 1. Fresh grapes, grape must, partially fermented grape must in fermentation, must, new wine still in fermentation and wine may be subject to: (a) de-acidification in wine-growing zones A, B and C I; (b) to acidification and de-acidification in wine-growing zones C I, C II and C III (a), without prejudice to point 7; or (c) acidification in wine-growing zone C III (b). de-acidification. 2. Acidification of the products, other than wine, products referred to in point 1 may be carried out only up to a limit of 1,50 4 g/l expressed as tartaric acid, or 20 53,3 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. 4. 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. 7. 5. Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant to Article 75(2), 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 75(2), 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 75(2), 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 147, under cover of which the products having undergone the processes are put into circulation. 6. The processes referred to in Sections B and C, 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. E. De-alcoholisation processes Each of the de-alcoholisation processes listed below, whether used on its own or in combination with other listed de-alcoholisation processes, shall be allowed in order to reduce part or almost all of the ethanol content in grapevine products referred to in Annex VII, Part II, point 1 and points 4 to 9: (a) partial vacuum evaporation; (b) membrane techniques; (c) distillation. The de-alcoholisation processes used shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine products shall not be done in conjunction with an increase of the sugar content in the grape must. 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 within CN codes 220410, 220421 and 220429. 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 within CN codes 220410, 220421 and 220429. 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. Points 1 and 2 shall not apply to products intended for the production, in Ireland, Poland Ireland and the United Kingdom, Poland, of products falling within CN code 220600 for which Member States may allow the use of a composite name, including the sales designation 'wine'. 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 … 343 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).

02013R1308-20201229 → 02013R1308-20211207

ANNEX X PURCHASE TERMS FOR BEET DURING THE PERIODREFERRED TO IN ARTICLE 125(3) POINT I 1. Delivery contracts shall be made in writing for a specified quantity of beet. 2. The duration of the delivery contracts may be pluriannual. 3. Delivery contracts may specify whether an additional quantity of beet may be supplied, and under what terms. POINT II 1. Delivery contracts shall indicate the purchase prices for the quantities of beet referred to in Point I. 2. The price referred to in paragraph 1 shall apply to sugar beet of sound, fair and marketable quality having a standard quality as defined in point B sugar content of Annex III. 16 % at the reception point. The price shall be adjusted by price increases or reductions, agreed by the parties in advance, to allow for deviations from the standard quality. quality referred to in the first subparagraph. 3. The delivery contract shall specify how the evolution of market prices is to be allocated between the parties. 4. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar … 521 unchanged words … delivery contracts lay down rules covering matters which are dealt with in this Annex, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex. POINT XI 1. Agreements within the trade as described in Annex II, Part II, Section A, point 6 of Section A of Part II of Annex II 6, shall contain conciliation or mediation mechanisms and arbitration clauses. 2. Agreements within the trade may lay down a standard template for delivery contracts compatible with this Regulation and Union rules. 3. Where agreements within the trade at Union, regional or local level lay down rules covering matters which are dealt with in this Regulation, or where they contain provisions governing other matters, their provisions and effects shall not conflict with this Annex. 4. Agreements referred to in paragraph 3 lay down, in particular: (a) the conversion scale referred to in Point II(4); (b) rules on the choice and supply of seeds of the varieties of beet to be produced; (c) the minimum sugar content of beet to be delivered; (d) a requirement for consultation between the sugar undertaking and the beet sellers' representatives before the starting date of beet deliveries is fixed; (e) the payment of premiums to beet sellers for early or late deliveries; (f) details of the conditions and costs relating to pulp as referred to in Point VIII; (g) the removal of the pulp by the beet seller; (h) rules on adapting prices in cases where pluriannual contracts are agreed; (i) rules on sampling and methods for determining gross weight, tare and sugar content. 5. A sugar undertaking and the beet sellers concerned may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices of sugar or other commodity markets is to be allocated between them.

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