Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

PART I

INTRODUCTORY PROVISIONS

Article 1

Scope

• (a) cereals, Part I;

• (b) rice, Part II;

• (c) sugar, Part III;

• (d) dried fodder, Part IV;

• (e) seeds, Part V;

• (f) hops, Part VI;

• (g) olive oil and table olives, Part VII;

• (h) flax and hemp, Part VIII;

• (i) fruit and vegetables, Part IX;

• (j) processed fruit and vegetable products, Part X;

• (k) bananas, Part XI;

• (l) wine, Part XII;

• (m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

• (n) tobacco, Part XIV;

• (o) beef and veal, Part XV;

• (p) milk and milk products, Part XVI;

• (q) pigmeat, Part XVII;

• (r) sheepmeat and goatmeat, Part XVIII;

• (s) eggs, Part XIX;

• (t) poultrymeat, Part XX;

• (u) ethyl alcohol of agricultural origin, Part XXI;

• (v) apiculture products, Part XXII;

• (w) silkworms, Part XXIII;

• (x) other products, Part XXIV.

Article 2

General common agricultural policy (CAP) provisions

Regulation (EU) 2021/2116 of the European Parliament and of the Council ([^E0001]) and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

Article 3

Definitions

• (a) "less developed regions" means those regions defined as such in point (a) of the first subparagraph of Article 90(2) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council ([^E0003]).

• (b) "adverse climatic event which can be assimilated to a natural disaster" means weather conditions such as frost, hail, ice, rain or drought which destroy more than 30 % of the average annual production of a given farmer in the preceding three-year period or a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

• (c) "Green harvesting" means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero, and excluding non-harvesting comprising of leaving commercial grapes on the plants at the end of the normal production cycle.

Article 4

Adjustments to the Common Customs Tariff nomenclature used for agricultural products

Where necessary in order to take into account amendments to the combined nomenclature, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 adjusting the description of products and references in this Regulation to the headings or subheadings of the combined nomenclature.

Article 5

Conversion rates for rice

The Commission may adopt implementing acts fixing the conversion rates for rice at various stages of processing.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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 flax and hemp sector;
• (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 and with respect to table olives;

• (f) 1 October to 30 September of the following year for the sugar sector and with respect to olive oil.

Article 7

Reference thresholds

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

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

• (c) as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory:
• (i) for white sugar: EUR 404,4/tonne;
• (ii) for raw sugar: EUR 335,2/tonne;

• (d) as regards the beef and veal sector, EUR 2 224 /tonne for carcasses of male bovine animals of conformation/fat cover class R3 as laid down in the Union scale for the classification of carcasses of bovine animals aged eight months or more referred to in point A of Annex IV;

• (e) as regards the milk and milk products sector:
• (i) EUR 246,39 per 100 kg for butter;
• (ii) EUR 169,80 per 100 kg for skimmed milk powder;

• (f) as regards pigmeat, EUR 1 509,39 /tonne for pig carcasses of a standard quality defined in terms of weight and lean meat content as laid down in the Union scale for the classification of pig carcasses referred to in point B of Annex IV as follows:
• (i) carcasses weighing from 60 to less than 120 kg: class E;
• (ii) carcasses weighing from 120 to 180 kg: class R;

• (g) as regards the olive oil sector:
• (i) EUR 1 779 /tonne for extra virgin olive oil;
• (ii) EUR 1 710 /tonne for virgin olive oil;
• (iii) EUR 1 524 /tonne for lampante olive oil with two degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity.

PART II

INTERNAL MARKET

TITLE I MARKET INTERVENTION

CHAPTER I Public intervention and aid for private storage

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

Article 8

Scope

This Chapter lays down rules on market intervention concerning:

• (a) public intervention, where products are bought in by the competent authorities of the Member States and stored by them until disposed of; and

• (b) granting of aid for the storage of products by private operators.

Article 9

Origin of eligible products

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

Article 10

Union scales for the classification of carcasses

Union scales for the classification of carcasses shall apply in accordance with, respectively, points A and B of Annex IV in the beef and veal sector as regards carcasses of bovine animals aged eight months or more and in the pigmeat sector as regards pigs other than those that have been used for breeding.

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

Section 2 Public intervention

Article 11

Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

• (a) common wheat, durum wheat, barley and maize;

• (b) paddy rice;

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

• (d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

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

Article 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, throughout the year;

• (c) paddy rice, throughout the year;

• (d) beef and veal, throughout the year;

• (e) butter and skimmed milk powder, from 1 February to 30 September.

Article 13

Opening and closing of public intervention

• (a) shall be open for common wheat, butter and skimmed milk powder;

• (b) may be opened by the Commission, by means of implementing acts, for durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

• (c) may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

Article 14

Buying-in at a fixed price or tendering

Where public intervention is open pursuant to Article 13(1), measures on fixing buying-in prices for the products referred to in Article 11 as well as, where applicable, measures on quantitative limitations where buying-in is carried out at a fixed price, shall be taken by the Council in accordance with Article 43(3) TFEU.

Article 15

Public intervention price

• (a) the price at which products shall be bought in under public intervention where this is done at a fixed price; or

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

Article 16

General principles on disposal from public intervention

• (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.

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.

Section 3 Aid for private storage

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 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.

Article 18

Conditions for granting aid

• (a) average recorded Union market prices and the reference thresholds and production costs for the products concerned; and/or

• (b) the need to respond in a timely way to a particularly difficult market situation or economic developments having a significant negative impact on the margins in the sector.

• (a) granting private storage aid for the products listed in Article 17, taking into account the conditions referred to in paragraph 1 of this Article;

• (b) restricting the granting of private storage aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

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

Article 19

Delegated powers

• (a) their quality with respect to quality parameters, quality groups, quality grades, categories, product characteristics and age;

• (b) their eligibility with respect to quantities, packaging including labelling, preservation, previous storage contracts, approval of undertakings and the stage of the products to which the public intervention price and the aid for private storage applies.

• (a) the requirements to be fulfilled by storage places for all products subject to public intervention;

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

• (a) rules and conditions applicable where the quantity stored is lower than the contracted quantity;

• (b) the conditions for granting an advance payment of such aid;

• (c) the conditions under which it may be decided that products covered by private storage contracts may be re-marketed or disposed of.

• (a) providing for the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;

• (b) laying down the additional conditions to be fulfilled by operators in order to facilitate the effective management and control of the system for Member States and operators;

• (c) laying down the requirement for operators to lodge a security guaranteeing the fulfilment of their obligations.

• (a) adapting and updating the provisions of Annex IV on the Union scales for the classification, identification and presentation of carcasses;

• (b) laying down supplementary provisions relating to classification, including by qualified classifiers, to grading, including by automated grading techniques, to identification, weighing and marking of carcasses and to the calculation of average Union prices and to the weighting coefficients used in the calculation of those prices;

• (c) laying down, in the beef and veal sector, derogations from provisions and specific derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered, and additional provisions for the products concerned, including regarding the classes of conformation and fat cover and, in sheepmeat sector, further provisions as regards weight, colour of meat and fat cover and the criteria for the classification of light lambs;

• (d) providing Member States with the authorisation not to apply the grading scale for classification of pig carcasses and the authorisation to use assessment criteria in addition to weight and estimated lean-meat content, or laying down derogations from that scale.

Article 20

Implementing powers in accordance with the examination procedure

The Commission shall adopt implementing acts laying down the measures necessary for the uniform application of this Chapter. Those measures may, in particular, concern the following:

• (a) the costs payable by the operator where products delivered for public intervention do not meet the minimum quality requirements;

• (b) the fixing of minimum storage capacity for intervention storage places;

• (c) the representative periods, markets, and market prices necessary for the application of this Chapter;

• (d) the delivery of the products to be bought in under public intervention, the transport costs to be borne by the offerer, the taking over of the products by paying agencies and the payment;

• (e) the different operations connected with the boning process for the beef and veal sector;

• (f) the practical arrangements for the packaging, marketing and labelling of products;

• (g) the procedures for the approval of undertakings producing butter and skimmed milk powder for the purposes of this Chapter;

• (h) any authorisation of storage outside the territory of the Member State where the products have been bought in and stored;

• (i) the sale or disposal of products bought in under public intervention, regarding, in particular, selling prices, the conditions for removal from storage, the subsequent use or destination of products released, including procedures relating to products made available for use in the scheme referred to in Article 16(2), including transfers between Member States;

• (j) in respect of products bought in under public intervention, the provisions relating to the possibility for Member States to sell, at their own responsibility, small quantities remaining in storage or quantities which may no longer be repackaged or which have deteriorated;

• (k) in respect of private storage, the conclusion and the content of contracts between the competent authority of the Member State and the applicants;

• (l) the placing and keeping of products in private storage and their removal from storage;

• (m) the duration of the private storage period and the provisions according to which such periods, once specified in the contracts, may be curtailed or extended;

• (n) the procedures to be followed for buying-in at a fixed price, including the procedures for, and the amount of, the security to be lodged, or for the granting of aid fixed in advance for private storage;

• (o) the use of tendering procedures, both for public intervention and for private storage, in particular as regards:
• (i) the submission of offers or tenders and the minimum quantity for an application or submission;
• (ii) the procedures for, and the amount of, the security to be lodged; and
• (iii) the selection of offers ensuring that preference is given to those which are most favourable to the Union whilst permitting that the award of a contract does not necessarily ensue;

• (p) the implementation of Union scales for the classification of beef, pig and sheep carcasses;

• (q) a different presentation of carcasses and half carcasses than the one laid down in point A.IV of Annex IV for the purpose of establishing market prices;

• (r) the corrective factors to be applied by Member States to be used for a different presentation of beef and sheep carcasses where the reference presentation is not used;

• (s) the practical arrangements for the marking of classified carcasses and for the calculation by the Commission of the weighted average Union price for beef, pig and sheep carcasses;

• (t) the authorisation of Member States to provide, with regard to pigs slaughtered in their territory, for a different presentation of pig carcasses than the one laid down in point B.III of Annex IV, if one of the following conditions is fulfilled:
• (i) normal commercial practice in their territory differs from the standard presentation defined in the first subparagraph of point B.III of Annex IV;
• (ii) technical requirements warrant it;
• (iii) carcasses are dehided in a uniform manner;

• (u) the provisions for the on-thespot review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by Member States in order to ensure the accuracy and reliability of the classification of carcasses. Those provisions shall provide for the Union to bear the costs resulting from the review activity.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 21

Other implementing powers

The Commission shall adopt implementing acts in order to authorise Member States to use for lambs of less than 13 kg carcass weight, by way of derogation from point C.III of Annex IV, the following criteria for classification:

• (a) carcass weight;

• (b) colour of meat;

• (c) fat cover.

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

CHAPTER II Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22

Target group

The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the competent authorities of Member States.

Article 23

Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

• (a) for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;

• (b) for accompanying educational measures; and

• (c) to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.

The Council shall, in accordance with Article 43(3) TFEU, lay down limits for the proportion of Union aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.

• (a) ‘school fruit and vegetables’ means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;

• (b) ‘school milk’ means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.

• (a) fruit and vegetables and fresh products of the banana sector;

• (b) drinking milk and lactose-free versions thereof.

• (a) processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

• (b) cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

In such cases, the Union aid shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.

The level of Union aid for the milk component shall be fixed by the Council in accordance with Article 43(3) TFEU.

• (a) added sugars;

• (b) added salt;

• (c) added fat;

• (d) added sweeteners;

• (e) added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council ([^E0004]).

Notwithstanding the first subparagraph of this paragraph, any Member State may, after obtaining the appropriate authorisation from its national authorities responsible for health and nutrition in accordance with its national procedures, decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.

The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.

Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

Article 23a

Financing provisions

• (a) for school fruit and vegetables: EUR 130 608 466 per school year;

• (b) for school milk: EUR 90 195 669 per school year.

• (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.  —————

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.

That percentage may be increased up to 25 % for the Member States with outermost regions listed in Article 349 TFEU and in other duly justified cases, such as where a Member State needs to address a specific market situation in the sector covered by the school scheme, its particular concerns regarding low consumption of either one of the groups of products, or other societal changes.

Transfers may be made either:

• (a) prior to the fixing of definitive allocations for the following school year, between the Member State's indicative allocations; or

• (b) after the start of school year, between the Member State's definitive allocations, where such allocations have been set for the Member State in question.

The transfers referred to in point (a) of the third subparagraph may not be made from the indicative allocation for the group of products for which the Member State concerned requests an amount exceeding its indicative allocation. Member States shall notify to the Commission the amount of any transfers between indicative allocations.

Member States may finance that aid by means of a levy on the sector concerned or by means of any other contribution from the private sector.

The Commission may develop, in accordance with Article 24(4) of this Regulation, a common identifier or graphic elements to enhance the visibility of the school scheme.

Article 24

Delegated powers

• (a) the additional criteria related to the eligibility of the target group referred to in Article 22;

• (b) the approval and selection of aid applicants by Member States;

• (c) the drawing up of the national or regional strategies and on the accompanying educational measures.

• (a) the identification of costs and measures that are eligible for Union aid;

• (b) the obligation for Member States to monitor and evaluate the effectiveness of their school scheme.

In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to define the maximum levels for added sugar, added salt and added fat which may be allowed by Member States under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.

• (a) if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;

• (b) the specific criteria related to the use of publicity tools.

Article 25

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the measures necessary for the application of this Section, including those concerning:

• (a) the information to be contained in Member States' strategies;

• (b) the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme;

• (c) the methods of publicising, and networking measures in respect of, the school scheme;

• (d) the submission, format and content of annual requests for aid, monitoring and evaluation reports by Member States participating in the school scheme;

• (e) the application of Article 23a(4), including on the deadlines for the transfers and on the submission, format and content of transfer notifications.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

CHAPTER III Scheme of authorisations for vine plantings

Article 61

Duration

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016, with a review to be undertaken by the Commission in 2028 and every ten years thereafter to evaluate the operation of the scheme. The Commission may, if appropriate, make proposals.

Section 1 Management of the scheme of authorisations for vine plantings

Article 62

Authorisations

By way of derogation from the first subparagraph of this paragraph, producers who hold a valid authorisation granted in accordance with Articles 64 and 68 before 1 January 2025 shall not be subject to the administrative penalties referred to in Article 90a(4) provided that they inform the competent authorities before the date of expiry of their authorisation, and at the latest by 31 December 2026, that they do not intend to make use of it.

Where a well-determined area is gravely affected by one or both of the cases of force majeure or exceptional circumstances referred to in Article 3(1), points (a) and (c), of Regulation (EU) 2021/2116, the Member State concerned may extend the validity of the authorisations granted in accordance with Article 64 of this Regulation to be used in that area that are due to expire by the end of the marketing year in which one or both of those cases of force majeure or exceptional circumstances occur by up to twelve months. Planting authorisations may be extended under this subparagraph only once. The Member State concerned shall inform the holders of every authorisation concerned that its validity has been extended. Where, by 31 December of the marketing year following the one in which one or both of the cases of force majeure or exceptional circumstances occurred, the holder of a planting authorisation informs the competent authorities of the Member State that it renounces the authorisation, the administrative penalties provided for in the first subparagraph shall not apply.

By way of derogation from the first subparagraph, the competent authorities of the Member State concerned may waive the administrative penalties provided for in Article 90a(4) of this Regulation upon a justified request from the holder of a planting authorisation granted in accordance with Articles 64 and 68 of this Regulation affected by a case of force majeure or exceptional circumstances referred to in Article 3(1) of Regulation (EU) 2021/2116.

Authorisations granted in accordance with Article 66 on or after 18 March 2026 and authorisations granted in accordance with that Article which are valid on that day shall be valid until the last day of the eighth marketing year following the marketing year in which they were granted. Producers who have not used an authorisation granted in accordance with Article 66 during its period of validity shall not be subject to the administrative penalties referred to in Article 90a(4).

Authorisations covered by the transitional provisions of Article 68 shall expire on the last day of the last marketing year of their validity.

Article 63

Safeguard mechanism for new plantings

• (a) 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous 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.

• (a) apply at national level a lower percentage than the percentage set out in paragraph 1;

• (b) limit the issuing of authorisations, or not issue authorisations, for new plantings 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;

• (c) limit the issuing of authorisations, or not issue authorisations, for new plantings at regional level, for specific areas or for vines producing specific types of wine, where national or Union measures concerning distillation of wine, green harvesting or grubbing up have been implemented in justified cases of crisis.

Member States that limit the issuing of authorisations for new plantings at regional level in accordance with the first subparagraph, point (b) or (c), may require such authorisations to be used in the regions concerned.

• (a) the need to avoid a demonstrated risk of oversupply of wine products in relation to market prospects for those products, where the limitations do not exceed what is necessary to satisfy that need;

• (b) the need to avoid a demonstrated risk of significant devaluation or improper use by third parties seeking to profit from the reputation of a particular protected designation of origin or a protected geographical 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.

Article 64

Granting of authorisations for new plantings

Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility 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;

• (e) in regions where the Member State has decided to limit the granting of new planting authorisations pursuant to Article 63(2), point (c), the applicant shall comply with the eligibility criteria established for the purpose of avoiding excessive yields in the new vineyards to be planted.

• (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 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 or presence on the markets;

• (g) projects with the potential to improve products with geographical indications or their quality;

• (h) areas to be newly planted in the framework of increasing the size of small and medium-sized 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.

Article 65

Role of professional organisations

When applying Article 63(2), a Member State may take into account recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157 of this Regulation, by producer groups referred to in Articles 32 and 33 of Regulation (EU) 2024/1143 or by other types of professional organisations recognised on the basis of that Member 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.

Article 66

Replantings

By way of derogation from the first subparagraph, producers who have grubbed up an area planted with vines in accordance with Article 216(1) of this Regulation or Article 58(1), first subparagraph, point (o), of Regulation (EU) 2021/2115 shall not be entitled to apply for and to receive a replanting authorisation for that area.

3a. A Member State may make its granting of the replanting authorisations referred to in paragraph 1 subject to one or more of the following conditions:

• (a) the authorisation shall be used in the same geographical area, defined by the Member State, in which the relevant grubbed up vines were located, where maintaining viticulture in that geographical area is justified by socio-economic or environmental reasons;

• (b) only vines producing specific types of wine and production methods not identified by the Member State as significantly increasing the average yield of the production region, or only production methods traditional to that region shall be used where the relevant grubbed up area is located in a production region that the Member State has qualified as affected by a structural market imbalance;

• (c) the authorisation shall not be used in a different production region from the one in which the grubbed up area is located where the Member State has qualified that different production region as affected by a structural market imbalance;

• (d) Member States may set criteria for the allocation and management of replanting authorisations in order to avoid increasing vineyard areas and wine production in regions prone to oversupply in which crisis measures have been applied, as well as in order to take account of market developments, in accordance with their national or regional sectorial strategies.

The conditions referred to in points (b), (c) and (d) of the second subparagraph shall not apply to replanting authorisations in areas characterised by the exceptional difficulty of cultivation due to structural and morphological factors referred to in Part D of Annex II to Commission Delegated Regulation (EU) 2018/273 ([^E0010]).

Article 67

De minimis

Article 68

Transitional provisions

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.

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.

Article 69

Delegated powers

The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplement this Regulation by laying down additional rules concerning:

• (a) the conditions for the application of the exemption, referred to in Article 62(4);

• (b) the conditions for the grubbing up of abandoned vineyards, referred to in Article 62(6);

• (c) the rules relating to the criteria, referred to in Article 64(1) and (2);

• (d) the co-existence of vines that the producer has undertaken to grub up with newly planted vines pursuant to Article 66(2);

• (e) the grounds for Member State decisions under Article 66(3) and (3a).

The Commission is empowered to adopt delegated acts in accordance with Article 227 to amend this Regulation by adding additional criteria to those listed in Article 64(1) and (2).

Article 70

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down the necessary measures in relation to:

• (a) the procedures for granting the authorisations;

• (b) the records to be kept by the Member States and notifications to be sent to the Commission.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Section 2 Control of the scheme of authorisations for vine plantings

Article 71

Non-authorised plantings

Article 72

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down necessary measures setting out the details of the communication requirements that Member States are to comply with, including possible reductions of the budgetary limits provided for in Annex VI in the case of non-compliance.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

TITLE II RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS

CHAPTER I Rules concerning marketing

Section 1 Marketing standards

Subsection 1 Introductory provisions

Article 73

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards. Those rules shall be divided between obligatory rules and optional reserved terms for agricultural products.

Subsection 2 Marketing standards by sectors or products

Article 74

General principle

The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in the Union only if they conform to those standards.

Article 75

Establishment and content

• (a) olive oil and table olives;

• (b) fruit and vegetables;

• (c) processed fruit and vegetable products;

• (d) bananas;

• (e) live plants;

• (f) eggs;

• (g) poultrymeat;

• (h) spreadable fats intended for human consumption;

• (i) hops.

• (a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

• (b) classification criteria such as grading into classes, weight, sizing, age and category;

• (c) the species, plant variety or animal race or the commercial type;

• (d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

• (e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

• (f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

• (g) the type of farming and production method including oenological practices and advanced systems of sustainable production;

• (h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

• (i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

• (j) the place of farming and/or origin;

• (k) restrictions as regards the use of certain substances and practices;

• (l) specific use;

• (m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

• (a) the specific characteristics of the product concerned;

• (b) the need to ensure the conditions to facilitate the placing of the products on the market;

• (c) the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

• (d) the methods available for determining physical, chemical and organoleptic characteristics of the products;

• (e) the standard recommendations adopted by international bodies;

• (f) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

Article 76

Additional requirements for marketing of products in the fruit and vegetables sector