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

• (a) the list of the products of the sectors referred to in Article 176(1) subject to the presentation of an import or export licence;

• (b) the cases and situations where the presentation of an import or export licence is not required, taking account of the customs status of the products concerned, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

• (a) the rights and obligations deriving from the licence, its legal effects, and the cases where a tolerance applies as regards compliance with the obligation to import or export the quantity mentioned in the licence or where the origin is to be indicated in the licence;

• (b) the issue of an import licence or the release into free circulation being subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

• (c) the transfer of the licence or restrictions on its transferability;

• (d) additional conditions for import licences for hemp in accordance with Article 189 and the principle of administrative assistance between Member States to prevent or deal with cases of fraud and irregularities;

• (e) the cases and situations where the lodging of a security guaranteeing that the products are imported or exported within the period of validity of the licence is or is not required.

Article 178

Implementing powers in accordance with the examination procedure

The Commission shall adopt implementing acts laying down the measures necessary for the application of this Chapter, including rules on:

• (a) the format and content of the licence;

• (b) the submission of applications and the issuing of licences and their use;

• (c) the period of validity of the licence,

• (d) the procedures for, and the amount of, a security to be lodged;

• (e) the proof that the requirements for the use of licences have been fulfilled;

• (f) the level of the tolerance as regards the respect of the obligation to import or export the quantity mentioned in the licence;

• (g) the issue of replacement licences and duplicate licences;

• (h) the treatment of licences by Member States and the exchange of information needed for the management of the system, including the procedures relating to the specific administrative assistance between Member States.

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

Article 179

Other implementing powers

The Commission may adopt implementing acts:

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

• (b) rejecting the quantities applied for;

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

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

CHAPTER II Import duties

Article 180

Implementation of international agreements and certain other acts

The Commission shall adopt implementing acts laying down measures to comply with requirements laid down in international agreements which have been concluded in accordance with the TFEU or in any other relevant act adopted in accordance with Article 43(2) or Article 207 TFEU or the Common Customs Tariff as regards the calculation of import duties for agricultural products. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 181

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

Article 182

Additional import duties

• (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 equal to either 125 %, 110 % or 105 %, depending on whether market access opportunities, defined as imports expressed as a percentage of the corresponding domestic consumption during the three 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).

Article 183

Other implementing powers

The Commission may adopt implementing acts:

• (a) fixing the level of the applied import duty in accordance with the rules set out in an international agreement concluded in accordance with the TFEU, in the Common Customs Tariff and in the implementing acts referred to in Article 180;

• (b) fixing the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 182(1).

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

CHAPTER III Tariff quota management and special treatment of imports by third countries

Article 184

Tariff quotas

• (a) a method based on the chronological order of the submission of applications ("first come, first served" principle);

• (b) a method of distribution in proportion to the quantities requested when the applications were submitted (the "simultaneous examination method");

• (c) a method based on taking traditional trade patterns into account (the "traditional/newcomers method").

• (a) for import tariff quotas, give due weight to the supply requirements of the existing and emerging Union production, processing and consumption market in terms of competitiveness, certainty and continuity of supply and the need to safeguard the equilibrium of that market; and

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

Article 185

Specific tariff quotas

In order to give effect to tariff quotas for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quotas for import into Portugal of 500 000 tonnes of maize, the Commission shall be empowered to adopt delegated acts, in accordance with Article 227, establishing the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 186

Delegated powers

• (a) determining the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed as a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector and the uses and needs of the processing industries;

• (b) establishing rules on the transfer of rights between operators and, where necessary, the limitations to such transfer within the management of the tariff quota;

• (c) making participation in the tariff quota subject to the lodging of a security;

• (d) providing, where necessary, for any particular specific characteristics, requirements or restrictions applicable to the tariff quota as set out in the international agreement or other act referred to in Article 184(1).

Article 187

Implementing powers in accordance with the examination procedure

The Commission may adopt implementing acts laying down:

• (a) the annual tariff quotas, if necessary suitably phased over the year, and the method of administration to be used;

• (b) procedures for the application of the specific provisions laid down in the agreement or act adopting the import or export regime, in particular, on:
• (i) guarantees covering the nature, provenance and origin of the product;
• (ii) recognition of the document used for verifying the guarantees referred to in point (i);
• (iii) the presentation of a document issued by the exporting country;
• (iv) destination and use of the products;

• (c) the period of validity of the licences or of the authorisations;

• (d) the procedures for, and the amount of, the security to be lodged;

• (e) the use of licences, and, where necessary, specific measures relating to, in particular, the conditions under which applications for import shall be submitted and authorisation granted within the tariff quota;

• (f) procedures and technical criteria for the application of Article 185;

• (g) necessary measures concerning the content, form, issue and use of the document referred to in Article 186(2).

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

Article 188

Allocation process for tariff quotas

CHAPTER IV Special import provisions for certain products

Article 189

Imports of hemp

• (a) raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013

• (b) seeds of varieties of hemp falling within CN code ex 1207 99 20 for sowing accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed that fixed in accordance with Article 32(6) and in Article 35(3) of Regulation (EU) No 1307/2013;

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

Article 190

Imports of hops

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of those products is not lower than that of the hops from which they have been prepared.

Article 191

Derogations for imported products and special security in the wine sector

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

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

• (a) the products have not benefited from the derogations; or,

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

The Commission may adopt implementing acts laying down rules to ensure the uniform application of this Article, including on the amounts of the security and appropriate labelling. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Article 193a

Suspension of import duties for molasses

CHAPTER V Safeguard and inward processing

Article 194

Safeguard measures

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

Article 195

Suspension of processing and inward processing arrangements

Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may adopt implementing acts, at the request of a Member State or on its own initiative, fully or partially suspending the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following the receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

CHAPTER VI Export refunds

CHAPTER VII Outward processing

Article 205

Suspension of outward processing arrangements

Where the Union market is disturbed or could be disturbed by outward processing arrangements, the Commission may adopt implementing acts, on a request from a Member State or on its own initiative, fully or partially suspending the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Where the Commission receives a request from a Member State, it shall, by means of implementing acts, take a decision thereon within five working days following receipt of the request. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 229(3).

The measures adopted shall be communicated to the Members States and shall take effect immediately.

PART IV

COMPETITION RULES

CHAPTER I Rules applying to undertakings

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 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.

Article 207

Relevant market

The definition of the relevant market is a tool to identify and define the boundaries of competition between undertakings, and shall be founded on two cumulative elements:

• (a) the relevant product market: for the purposes of this Chapter, "product market" means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products' characteristics, their prices and their intended use;

• (b) the relevant geographic market: for the purposes of this Chapter, "geographic market" means the market comprising the area in which the undertakings concerned are involved in the supply of the relevant products, in which the conditions of competition are sufficiently homogeneous and which can be distinguished from neighbouring areas, particularly because the conditions of competition are appreciably different in those areas.

Article 208

Dominant position

For the purposes of this Chapter, ‘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, of its suppliers or customers, and ultimately of consumers.

Article 209

Exceptions for the objectives of the CAP and farmers and their associations

Article 101 (1) TFEU shall not apply to agreements, decisions and concerted practices of farmers, farmers' associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, unless the objectives set out in Article 39 TFEU are jeopardised.

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

However, farmers, farmers’ associations, or associations of such associations, or producer organisations recognised under Article 152 or Article 161 of this Regulation, or associations of producer organisations recognised under Article 156 of this Regulation, may request an opinion from the Commission on the compatibility of those agreements, decisions and concerted practices with the objectives set out in Article 39 TFEU.

The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

In any national or Union proceedings for the application of Article 101 TFEU, the burden of proving an infringement of Article 101(1) TFEU shall rest on the party or the authority alleging the infringement. The party claiming the benefit of the exemptions provided in paragraph 1 of this Article shall bear the burden of proving that the conditions of that paragraph are fulfilled.

Article 210

Agreements and concerted practices of recognised interbranch organisations

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.

If the Commission finds at any time after issuing an opinion that the conditions referred to in paragraph 1 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 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.

• (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.

Article 210a

Vertical and horizontal initiatives for sustainability

• (a) environmental objectives, including: climate change mitigation and adaptation; the sustainable use and protection of landscapes, water and soil, including through irrigation systems; the transition to a circular economy, including the reduction of food waste and the nutrient recycling of livestock manure into organic fertilisers or energy production; and pollution prevention and control; as well as 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;

• (d) supporting the economic viability of small farms predominantly relying on family labour with a standard output as defined in Article 2, point (8), of Council Regulation (EC) No 1217/2009 ([^E0032]) that are not to exceed EUR 100 000 ;

• (e) attracting and supporting young producers of agricultural products; or

• (f) improving working and safety conditions in agricultural or processing activities.

From 19 August 2028, producers 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 regard to the implementation of sustainability standards that aim to contribute to one or more of the objectives laid down in paragraph 3, points (d), (e) and (f), with this Article.

The Commission shall send its opinion to the applicant within four months of the 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 is to 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 on its own initiative or at the request of a Member State, in particular if the applicant has provided inaccurate information or misused the opinion.

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.

CHAPTER II State aid rules

Article 211

Application of Articles 107 to 109 TFEU

• (a) the measures provided for in this Regulation which are partly or wholly financed by the Union;

• (b) Articles 213 to 218 of this Regulation.

Article 213

National payments for reindeer in Finland and Sweden

Subject to an authorisation by the Commission adopted without applying the procedure referred to in Article 229(2) or (3), national payments for the production and marketing of reindeer and reindeer products (CN codes ex 0208 and ex 0210 ) may be made by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.

Article 214

National payments for the sugar sector in Finland

Finland may make national payments of up to EUR 350 per hectare per marketing year to sugar beet growers.

Article 214a

National payments for certain sectors in Finland

Subject to authorisation by the Commission, for the period 2023-2027, Finland may continue to grant national aids which it granted in 2022 to producers on the basis of this Article provided that:

• (a) the total amount of income aid is degressive over the whole period and in 2027 does not exceed 67 % of the amount granted in 2022; and

• (b) prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

The Commission shall adopt its authorisation without applying the procedure referred to in Article 229(2) or (3) of this Regulation.

Article 215

National payments for apiculture

Member States may make national payments for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade.

Article 216

National payments for distillation of wine, green harvesting and grubbing up in justified cases of crisis

The payments referred to in the first subparagraph in respect of crisis distillation and green harvesting shall not exceed the sum of the cost of the operation concerned, of an incentive to engage in such operation and, where relevant, of the cost of the product, and shall be sufficient to enable the crisis to be addressed.

The payments referred to in the first subparagraph in respect of grubbing up of productive vineyards shall not exceed the sum of the direct cost of carrying out the grubbing up and financial compensation, which may cover up to 100 % of the estimated loss of revenue for one year in respect of the grubbed up area.

Those payments shall be proportionate and shall be sufficient to enable the crisis to be addressed.

The overall amount of payments available in a Member State in any given year for national payments for distillation and green harvesting shall not exceed 25 % of the globally available funds per Member State for that year as laid down in Annex VII to Regulation (EU) 2021/2115.

The Commission shall decide, without applying the committee procedure referred to in Article 229(2) or (3), whether the amount, duration and other detailed arrangements of the measure are approved and whether the payments to wine producers can be made.

Beneficiaries of national payments for grubbing up under this Article shall not be eligible to apply for new planting authorisations in accordance with Article 64 during the 10 marketing years following the one in which the grubbing up took place. Any valid authorisation for new plantings held by such beneficiaries shall be revoked by the Member State when the application for grubbing up is approved.

Member States may exclude from the payments for grubbing up areas where vineyards play an important environmental, landscape preservation or socioeconomic role.

In the production areas and for the types of wines for which one of the measures referred to in paragraph 1 of this Article has been implemented for three consecutive years, the Member State concerned shall suspend the granting of new planting authorisations in accordance with Article 64 until the end of the second marketing year following the last marketing year in which the measure was applied.

Member States may establish eligibility conditions and priority criteria in order to guarantee the effectiveness and targeting of the measure.

• (a) the general conditions of eligibility and the priority criteria to be set by Member States in respect to the allocation of the national payments referred to in paragraph 1 of this Article;

• (b) elements that determine the existence of a crisis situation;

• (c) the calculation method for the national payments; and

• (d) the coherence of such national payments with other Union support measures for the wine sector within the CAP, including the eligibility of beneficiaries or of the production regions covered by these national payments to other Union support measures.

Article 217

National payments for the distribution of products to children

Member States may make national payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

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

Article 218

National payments for nuts

• (a) almonds falling within CN codes 0802 11 and 0802 12 ;

• (b) hazelnuts or filberts falling within CN codes 0802 21 and 0802 22 ;

• (c) walnuts falling within CN codes 0802 31 00 and 0802 32 00 ;

• (d) pistachios falling within CN codes 0802 51 00 and 0802 52 00 ;

• (e) locust beans falling within CN code 1212 92 00 .

Member State	Maximum area (ha)
Belgium	100
Bulgaria	11 984
Germany	1 500
Greece	41 100
Spain	568 200
France	17 300
Italy	130 100
Cyprus	5 100
Luxembourg	100
Hungary	2 900
Netherlands	100
Poland	4 200
Portugal	41 300
Romania	1 645
Slovenia	300
Slovakia	3 100
—————	—————

PART V

GENERAL PROVISIONS

CHAPTER I Exceptional measures

Section 1 Market disturbance

Article 219

Measures against market disturbance

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, adjust or suspend import duties in whole or in part including for certain quantities or periods as necessary, or take the form of a temporary voluntary production reduction scheme, in particular in cases of oversupply.

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.

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

Article 220

Measures concerning animal diseases and plant pests and the loss of consumer confidence due to public, animal or plant health risks

• (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 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).

• (-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.

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.

Section 3 Specific problems

Article 221

Measures to resolve specific problems

Section 4 Agreements and decisions during periods of severe imbalance in markets

Article 222

Application of Article 101(1) TFEU

• (a) market withdrawal or free distribution of their products;

• (b) transformation and processing;

• (c) storage by private operators;

• (d) joint promotion measures;

• (e) agreements on quality requirements;

• (f) joint purchasing of inputs necessary to combat the spread of pests and diseases in animals and plants in the Union or of inputs necessary to address the effects of natural disasters in the Union;

• (g) temporary planning of production taking into account the specific nature of the production cycle.

Where the Commission adopts implementing acts in accordance with the first subparagraph of this paragraph, it may decide to make Union support from the agricultural reserve referred to in Article 16 of Regulation (EU) 2021/2116 available to the Member States concerned. Such financial support shall provide the means necessary for the implementation without delay of those agreements and decisions by the operators concerned.

The Commission shall adopt implementing acts specifying the scope of the derogation of the first subparagraph of this paragraph, and, subject to paragraph 3, the period for which the derogation applies, as well as, where applicable, the amount of the agricultural reserve allocated to the Member State concerned under the second subparagraph of this paragraph.

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

However, the Commission may adopt implementing acts authorising such agreements and decisions for a further period of up to six-months. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

Chapter Ia Market transparency

Article 222a

Union market observatories

• (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.

Article 222b

Commission reporting on market developments

CHAPTER II Communications and reporting

Article 223

Communication requirements

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.

• (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.

• (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).

Article 224

Processing and protection of personal data

Article 225

Reporting obligation of the Commission

The Commission shall present a report to the European Parliament and to the Council:

• (d) by 31 December 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;

• (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 use of new information and communication technologies to ensure better market transparency as referred to in Article 223;

• (dd) by 30 June 2024 on sales designations and carcass classification in the 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.

PART VI

DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL PROVISIONS

CHAPTER I Delegations of power and implementing provisions

Article 227

Exercise of the delegation

Article 228

Urgency procedure

Article 229

Committee procedure

In the case of acts referred to in Article 80(5), points (c) and (d) of Article 91, Article 97(4), Article 99, Article 106 and Article 107(3), where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

CHAPTER II Transitional and final provisions

Article 230

Repeals

However, the following provisions of Regulation (EC) No 1234/2007 shall continue to apply:

• (a) as regards the system of milk production limitation: Section III of Chapter III of Title I of Part II, Article 55, Article 85 and Annexes IX and X, until 31 March 2015;

• (b) as regards the wine sector:
• (i) Articles 85a to 85e as regards areas referred to in Article 85a(2) which have not yet been grubbed up and as regards areas referred to in Article 85b(1) which have not been regularised, until such areas are grubbed up or regularised, and Article 188a(1) and (2);
• (ii) the transitional planting right regime set out in Subsection II of Section IVa of Chapter III of Title I of Part II until 31 December 2015;
• (iii) Article 118m(5) until clearance of the stocks of wines with the denomination "Mlado vino portugizac" existing on 1 July 2013;
• (iv) Article 118s(5) until 30 June 2017;

• (ba) Article 111 until 31 March 2015;

• (c) Article 113a(4), Articles 114, 115 and 116, Article 117(1) to (4) and point (e)(iv) of Article 121, as well as point IV of Part A, points I(2) and (3) and III(1) of Part B and Part C of Annex XIV, and points 1, 3, 5 and 6 of Part II and point 2 of Part IV of Annex XV for the purpose of applying those Articles, until the date of application of the corresponding marketing rules to be established pursuant to the delegated acts provided for in Article 75(2), Article 76(4), Article 78(3) and (4), Article 79(1), Article 80(4), Article 83(4), Article 86, Article 87(2), Article 88(3) and Article 89 of this Regulation;

• (ca) Article 125a(1)(e) and (2) and, in respect of the fruit and vegetables sector, Annex XVIa, until the date of application of the related rules to be established pursuant to the delegated acts provided for in points (b) and (i) of Article 173(1);

• (d) Article 133a(1) and Article 140a until 30 September 2014;

• (da) Articles 136, 138 and 140, as well as Annex XVIII for the purposes of applying those Articles, until the date of application of the rules to be established pursuant to the implementing acts provided for in Article 180 and in point (a) of Article 183 or until 30 June 2014, whichever is the earlier;

• (e) the first and second subparagraphs of Article 182(3) until the end of the 2013/2014 marketing year for sugar on 30 September 2014;

• (f) Article 182(4) until 31 December 2017;

• (g) Article 182(7) until 31 March 2014;

• (h) Point 3 of Part III of Annex XV until 31 December 2015;

• (i) Annex XX until date of entry into force of legislative act replacing Regulation (EC) No 1216/2009 and Council Regulation (EC) No 614/2009 ([^E0033]).

Article 231

Transitional rules

Article 232

Entry into force and application

It shall apply from 1 January 2014.

However:

• (a) Article 181 shall apply from 1 October 2014;

• (b) point II(3) of Part VII of Annex VII shall apply from 1 January 2016;

This Regulation shall be binding in its entirety and directly applicable in all Member States.

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: