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
In order to ensure the proper application of requirements set out in paragraph 1 of this Article and to take into account certain specific situations, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning specific derogations to this Article which are necessary for its proper application.
Article 77
Certification for hops
In addition, where relevant, to the applicable marketing standards, products of the hops sector harvested or prepared within the Union shall be subject to a certification procedure under this Article.
Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.
The certificates shall at least indicate:
- (a) the place(s) of production of the hops;
- (b) the year(s) of harvesting; and
- (c) the variety or varieties.
Products of the hops sector may be marketed or exported only if covered by a certificate issued in accordance with this Article.
In the case of imported products of the hops sector, the attestation provided for in Article 190(2) shall be deemed to be equivalent to that certificate.
The Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down measures derogating from paragraph 4 of this Article:
- (a) in order to satisfy the trade requirements of certain third countries; or
- (b) for products intended for special uses.
The measures referred to in the first subparagraph shall:
- (i) not prejudice the normal marketing of products for which the certificate has been issued; and
- (ii) be accompanied by guarantees intended to avoid any confusion with those products.
Article 78
Definitions, designations and sales descriptions for certain sectors and products
In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:
- (a) all sectors in which edible parts of animals are produced and in particular the beef and veal, pigmeat, sheepmeat and goatmeat, and poultrymeat sectors;
- (b) wine;
- (c) milk and milk products intended for human consumption;
- (e) eggs;
- (f) spreadable fats intended for human consumption; and
- (g) olive oil and table olives.
The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.
The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.
As regards Part Ia, point 3, of Annex VII, the Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation by granting derogations allowing the use of designations reserved for products derived from meat, for other products the exact nature of which is clear due to an established long-term use and does not cause any possible confusion to the consumer.
In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.
In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.
Article 79
Tolerance
In order to take into account the specific characteristics of each product or sector, the different marketing stages, the technical conditions, any possible considerable practical difficulty, and also the accuracy and repeatability of the methods of analysis, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on tolerance for one or more specific standards in excess of which the entire batch of products shall be considered not to respect that standard.
When adopting the acts referred to in paragraph 1, the Commission shall take into account the need not to alter the intrinsic characteristics of the product and to avoid lowering its quality.
Article 80
Oenological practices and methods of analyses
Only oenological practices authorised in accordance with Annex VIII and provided for in point (g) of Article 75(3) and in Article 83(2) and (3) shall be used in the production and conservation of the products listed in Part II of Annex VII in the Union.
The first subparagraph shall not apply to:
- (a) grape juice and concentrated grape juice; and
- (b) grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.
Products listed in Part II of Annex VII shall be produced in the Union in accordance with the rules laid down in Annex VIII.
Products listed in Part II of Annex VII shall not be marketed in the Union if:
- (a) they have undergone unauthorised Union oenological practices;
- (b) they have undergone unauthorised national oenological practices; or
- (c) they do not comply with the rules laid down in Annex VIII.
The grapevine products which are unmarketable in accordance with the first subparagraph shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain of such products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce grapevine products by means of unauthorised oenological practices.
When authorising oenological practices for wine as referred to in point (g) of Article 75(3), the Commission shall:
- (a) take into account the oenological practices and methods of analyses recommended and published by the OIV, as well as the results of experimental use of as-yet unauthorised oenological practices;
- (b) take into account the protection of human health;
- (c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
- (d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
- (e) ensure an acceptable minimum level of environmental care;
- (f) respect the general rules concerning oenological practices and the rules laid down in Annex VIII.
In order to ensure the correct treatment of unmarketable wine products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on the national procedures referred to in the second subparagraph of paragraph 2 of this Article, and derogations therefrom concerning the withdrawal or destruction of wine products that do not comply with the requirements.
The Commission shall, where necessary, adopt implementing acts laying down the methods referred to in point (d) of Article 75(5) for products listed in Part II of Annex VII. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued by the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Pending the adoption of such implementing acts, the methods and rules to be used shall be those allowed by the Member State concerned.
Article 81
Wine grape varieties
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.
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.
Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the last five wine years, shall be 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.
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.
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.
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.
Article 82
Specific use of wine not conforming to the categories listed in Part II of Annex VII
Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 81(2) but not conforming to one of the categories laid down in Part II of Annex VII shall be used only for consumption by individual wine-producers' households, for the production of wine vinegar or for distillation.
Article 83
National rules for certain products and sectors
Notwithstanding Article 75(2), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating, in particular, to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.
Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria have been complied with.
Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.
Member States may allow the experimental use of unauthorised oenological practices.
In order to ensure the correct and transparent application of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 setting out the conditions for the application of paragraphs 1, 2 and 3 of this Article, as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.
Member States may only adopt or maintain additional national provisions on products covered by a Union marketing standard if those provisions comply with Union law, in particular the principle of free movement of goods, and subject to Directive 98/34/EC of the European Parliament and of the Council ([^E0012]).
Subsection 3 Optional reserved terms
Article 84
General provision
A scheme for optional reserved terms by sector or by product shall be established in order to make it easier for producers of agricultural products that have value-adding characteristics or attributes to communicate those characteristics or attributes within the internal market, and in particular to support and complement the specific marketing standards.
This Subsection shall not apply to wine products referred to in Article 92(1).
Article 85
Existing optional reserved terms
The optional reserved terms covered by this scheme on 20 December 2013 are listed in Annex IX and the conditions of their use shall be laid down pursuant to point (a) of Article 86.
The optional reserved terms referred to in paragraph 1 of this Article shall remain in force, subject to any amendment, unless cancelled pursuant to Article 86.
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.
Article 87
Additional optional reserved terms
A term shall be eligible to be reserved as an additional optional reserved term only if it fulfils all of the following requirements:
- (a) the term relates to a characteristic of a product or to a farming or processing attribute and relates to a sector or product;
- (b) the use of the term enables clearer communication of the added value of the product by its specific characteristics or farming or processing attributes;
- (c) when the product is placed on the market, the characteristic or attribute referred to in point (a) is identifiable by consumers in several Member States;
- (d) the conditions and use of the term are in conformity with Directive 2000/13/EC of the European Parliament and of the Council ([^E0013]) or Regulation (EU) No 1169/2011.
When introducing an additional optional reserved term, the Commission shall take account of any relevant international standard and of the existing reserved terms for the products or sectors involved.
In order to take the characteristics of certain sectors as well as consumer expectations into account, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down further details on the requirements for the introduction of an additional reserved term, as referred to in paragraph 1 of this Article.
Article 88
Restrictions on use of optional reserved terms
An optional reserved term may only be used to describe products that conform to the applicable conditions of use.
Member States shall adopt appropriate measures to ensure that product labelling does not give rise to confusion with optional reserved terms.
In order to ensure that products described by means of optional reserved terms conform to the applicable conditions of use, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down additional rules on the use of optional reserved terms.
Subsection 4 Marketing standards related to import and export
Article 89
General provisions
In order to take into account the specific characteristics of trade between the Union and certain third countries and the special character of certain agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:
- (a) the conditions under which imported products are considered to have an equivalent level of conformity to the Union marketing standards and conditions allowing derogation from Article 74; and
- (b) the rules concerning the application of the marketing standards to products exported from the Union.
Article 90
Special provisions for the imports of wine
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 2009 61 , 2009 69 , 2204 and, where applicable, ex 2202 99 19 (other, de-alcoholised wine with an alcoholic strength by volume not exceeding 0,5 %)
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.
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.
Subsection 4a Checks and penalties
Article 90a
Checks and penalties related to marketing rules
Member States shall take measures to ensure that products referred to in Article 119(1) which are not labelled in conformity with this Regulation are not placed on the market or, if they have already been placed on the market, are withdrawn from the market.
Without prejudice to any specific provisions which may be adopted by the Commission, imports into the Union of the products specified in Article 189(1), points (a) and (b), shall be subject to checks to determine whether the conditions provided for in paragraph 1 of that Article are met.
Member States shall carry out checks, based on a risk analysis, in order to verify whether the products referred to in Article 1(2) conform to the rules laid down in this Section and shall apply administrative penalties as appropriate.
Without prejudice to acts concerning the wine sector that have been adopted pursuant to Article 58 of Regulation (EU) 2021/2116, in the event of an infringement of Union rules in the wine sector, Member States shall apply proportionate, effective and dissuasive administrative penalties in accordance with Title IV, Chapter I, of that Regulation. Member States shall not apply such penalties where the non-compliance is of a minor nature.
In order to protect Union funds and to protect the identity, provenance and quality of Union wine, the Commission shall be empowered to adopt delegated acts in accordance with Article 227, supplementing this Regulation, relating to:
- (a) the establishment or maintenance of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;
- (b) rules governing control bodies and the mutual assistance between them;
- (c) rules governing the common use of the findings of Member States.
The Commission may adopt implementing acts laying down all measures necessary for:
- (a) the procedures relating to Member States’ respective databanks and to the analytical databank of isotopic data referred to in paragraph 5, point (a);
- (b) the procedures relating to cooperation and assistance between control authorities and bodies;
- (c) as regards the obligation referred to in paragraph 3, rules for performing checks on compliance with marketing standards, rules governing the authorities responsible for performing the checks, as well as rules on the content and the frequency of the checks and the marketing stage to which those checks are to apply.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Subsection 5 Common provisions
Article 91
Implementing powers in accordance with the examination procedure
The Commission may adopt implementing acts:
- (a) establishing the list of milk and milk products referred to in the second paragraph of point 5 of Part III of Annex VII and spreadable fats referred to in point (a) of the sixth paragraph of point I of Part VII of Annex VII, on the basis of indicative lists of products which Member States regard as corresponding, in their territory, to those provisions and which Member States shall send to the Commission;
- (b) laying down rules for the implementation of the marketing standards by sector or product;
- (c) laying down rules for determining whether products have undergone processes contrary to the authorised oenological practices;
- (d) laying down rules for the methods of analysis for determining the characteristics of products;
- (e) laying down rules for fixing the tolerance level;
- (f) laying down rules for the implementation of the measures referred to in Article 89;
- (g) laying down rules for the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed, for the certification procedures and for the commercial documents, accompanying documents and records to be kept.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Section 2 Designations of origin, geographical indications and traditional terms in the wine sector
Subsection 1 Introductory provisions
Article 92
Scope
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.
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.
Subsection 2 Designations of origin and geographical indications
Article 93
Definitions
For the purposes of this Section, the following definitions shall apply:
- (a) ‘designation of origin’ means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):
- (i) whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
- (ii) as originating in a specific place, region or, in exceptional cases, country;
- (iii) produced from grapes which originate exclusively from that geographical area;
- (iv) the production of which takes place in that geographical area; and
- (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.
- (b) ‘geographical indication’ means a name, including a traditionally used name, which identifies a product referred to in Article 92(1):
- (i) whose specific quality, reputation or other characteristics are attributable to its geographical origin;
- (ii) as originating in a specific place, region or country;
- (iii) as having at least 85 % of the grapes used for its production originating exclusively from that geographical area;
- (iv) the production of which takes place in that geographical area; and
- (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.
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.
Production as referred to in paragraph 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.
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.
Article 94
Product specification
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 comprise:
- (a) the name to be protected;
- (b) the categories of grapevine products;
- (c) the type of geographical indication, being a protected designation of origin or a protected geographical indication;
- (d) 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;
- (e) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;
- (f) the definition of the geographical area delimited with regard to the link referred to in point (i) of this paragraph;
- (g) the maximum yields per hectare;
- (h) an indication of the wine grape variety or varieties the wine or wines are obtained from;
- (i) the details on the link referred to in Article 93(1), point (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 (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), point (b)(i);
- (j) other applicable requirements where provided for by Member States or, if applicable, by a recognised producer group, provided that such requirements are objective, non-discriminatory and compatible with Union and national law.
The product specification may contain sustainable practices in accordance with Article 7 of Regulation (EU) 2024/1143 of the European Parliament and of the Council ([^E0014]).
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 paragraph 1, point (d), 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.
Article 95
Single document
The single document shall include the following:
- (a) the name to be protected as a designation of origin or a geographical indication;
- (b) the Member State or third country to which the demarcated area belongs;
- (c) the type of geographical indication;
- (d) a description of the wine or wines;
- (e) the categories of grapevine products;
- (f) the maximum yields per hectare;
- (g) the indication of the wine grape variety or varieties from which the wine or wines are obtained;
- (h) a concise definition of the demarcated geographical area;
- (i) a description of the link referred to in Article 94(1), point (i);
- (j) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;
- (k) where applicable, the specific rules concerning packaging and labelling as well as any other essential relevant requirements.
Where an application covers different categories of grapevine products, the details bearing out the link referred to in Article 94(1), point (i) shall be demonstrated for each category of grapevine products concerned.
Article 100
Homonyms
Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling agricultural products.
In order to take into account existing labelling practices, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down exceptions from that rule.
The protection of designations of origin and geographical indications of products covered by Article 93 of this Regulation shall be without prejudice to protected geographical indications applying to spirit drinks as defined in Article 2 of Regulation (EC) No 110/2008 of the European Parliament and of the Council ([^E0015]).
Article 103
Protection
Protected designations of origin and protected geographical indications referred to in this Regulation shall be protected in accordance with Articles 26 to 31, 35 and 36 of Regulation (EU) 2024/1143.
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.
Article 107
Existing protected wine names
Wine names referred to in Articles 51 and 54 of Council Regulation (EC) No 1493/1999 ([^E0018]) and Article 28 of Commission Regulation (EC) No 753/2002 ([^E0019]) shall be automatically protected under this Regulation. The Commission shall list them in the register provided for in Article 104 of this Regulation.
Article 108
Fees
Member States may charge fees to cover their costs, including those incurred in examining the applications for protection, statements of objections, applications for amendments and requests for cancellations under this Subsection.
Article 109
Delegated powers
In order to take into account the specific characteristics of the production in the demarcated geographical area, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down:
- (a) the additional criteria for the demarcation of the geographical area; and
- (b) the restrictions and derogations concerning the production in the demarcated geographical area.
In order to ensure product quality and traceability, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which product specifications may include additional requirements.
In order to ensure the protection of the legitimate rights and interests of producers and operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:
- (a) the type of applicant that may apply for the protection of a designation of origin or geographical indication;
- (b) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, the objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
- (c) the conditions applicable to trans-border applications;
- (d) the conditions for applications concerning geographical areas in a third country;
- (e) the date from which a protection or an amendment to a protection shall apply;
- (f) the conditions related to amendments to product specifications.
In order to ensure an adequate level of protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on restrictions regarding the protected name.
In order to ensure that economic operators and competent authorities are not unduly affected by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009, or for which an application for protection has been made prior to that date, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down transitional rules concerning:
- (a) wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009, and wine names for which an application for protection has been made prior to that date;
- (b) wines placed on the market or labelled before a specific date; and
- (c) amendments to the product specifications.
Article 110
Implementing powers
The Commission may adopt implementing acts laying down rules concerning:
- (a) the form of the product specification;
- (b) the definition of the format and the online presentation of the single document referred to in Article 95;
- (c) the exclusion or anonymisation of personal data.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 88(2) of Regulation (EU) 2024/1143.
Subsection 3 Traditional terms
Article 112
Definition
A "traditional term" means a term traditionally used in Member States for the products referred to in Article 92(1) to designate:
- (a) that the product has a protected designation of origin or a protected geographical indication under Union or national law; or
- (b) the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.
Article 113
Protection
A protected traditional term may only be used for a product which has been produced in conformity with the definition provided for in Article 112.
Traditional terms shall be protected against unlawful use.
Traditional terms shall be protected, only in the language and for the categories of grape vine products claimed in the application, against:
- (a) any misuse of the protected term, including where it is accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;
- (b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;
- (c) any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.
Traditional terms shall not become generic in the Union.
Article 113a
Relationship with designations of origin and geographical indications
The registration of a traditional term the use of which would contravene Article 26 of Regulation (EU) 2024/1143 shall be rejected if the application for registration of the traditional term is submitted after the date of submission to the Commission of the application for the registration of the designation of origin or of the geographical indication.
The Commission shall, by means of implementing acts, declare invalid and remove from the register referred to in Article 25 of Commission Implementing Regulation (EU) 2019/34 ([^E0021]) any traditional terms registered in breach of paragraph 1 of this Article.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Article 114
Delegated powers
In order to ensure an adequate level of protection, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 regarding the language and the spelling of the traditional term to be protected.
In order to ensure the protection of the legitimate rights and interests of producers and operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing:
- (a) the type of applicants that may apply for the protection of a traditional term;
- (b) the conditions of validity of an application for protection of a traditional term;
- (c) the grounds for objecting to a proposed recognition of a traditional term;
- (d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;
- (e) the grounds for cancellation of a traditional term;
- (f) the date of submission of an application or of a request for objection or cancellation;
- (g) the procedures to be followed in respect of an application for the protection of a traditional term, including scrutiny by the Commission, the objection procedure and the procedures on cancellation and modification.
In order to take into account the specific characteristics of trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 laying down the conditions under which traditional terms may be used on products from third countries and providing for derogations from Article 112 and Article 113(2).
Article 115
Implementing powers in accordance with the examination procedure
The Commission may adopt implementing acts laying down necessary measures concerning the procedure for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure for requests for objection or cancellation, in particular with respect to:
- (a) models for documents and the transmission format;
- (b) time limits;
- (c) the details of the facts, evidence and supporting documents to be submitted in support of the application or request;
- (d) detailed rules on making protected traditional terms available to the public.
The Commission shall adopt implementing acts accepting or rejecting an application for protection of a traditional term or a request for a modification of the protected term or the cancellation of the protection of a traditional term.
The Commission shall adopt implementing acts providing for the protection of traditional terms in respect of which an application for protection has been accepted, in particular by classifying them in accordance with Article 112 and by publishing a definition and/or the conditions of use.
The implementing acts referred to in paragraphs 1, 2 and 3 of this Article shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Article 116
Other implementing powers
Where an objection is deemed inadmissible, the Commission shall adopt an implementing act rejecting it as inadmissible. That implementing act shall be adopted without applying the procedure referred to in Article 229(2) or (3).
Subsection 4 Checks to verify compliance with the product specification for designations of origin and geographical indications and to verify conformity with the definition and conditions of the use of protected traditional terms, as well as on the enforcement of conditions for use of traditional terms
Article 116a
Checks
Member States shall take the necessary steps to stop the unlawful use of protected traditional terms referred to in this Regulation.
Member States shall designate the competent authority responsible for verifying compliance with product specifications related to designations of origin and geographical indications and to verify conformity with the definition and conditions of use of traditional terms, as well as for the enforcement of the conditions for use of traditional terms. To that end, Article 4(2) and (4) and Article 5(1), (4) and (5) of Regulation (EU) 2017/625 of the European Parliament and of the Council ([^E0022]) shall apply.
Within the Union, the competent authority referred to in paragraph 2 of this Article or one or more delegated bodies as defined in Article 3, point (5), of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Title II, Chapter III, of that Regulation, shall verify compliance with the product specifications annually, both during the wine production and during or after conditioning, and shall verify conformity with the definition provided for in Article 112 of this Regulation and, where relevant, the conditions of use of the traditional term as referred to in Article 115(3) of this Regulation.
Each operator wishing to participate in any activity covered by the product specification of a product designated by a designation of origin or a geographical indication shall notify the competent authority or delegated bodies referred to in the first subparagraph. Member States shall draw up and keep up-to-date a list of operators who perform activities subject to one or more obligations provided for in the product specification of a designation of origin or geographical indication entered in the Union register of geographical indications originating in their territory.
The Commission shall adopt implementing acts concerning:
- (a) the communication to be made by the Member States to the Commission;
- (b) rules governing the authority responsible for verifying compliance with product specifications related to protected designations of origin and protected geographical indications, including where the geographical area is in a third country, and for verifying conformity with the definition provided for in Article 112 and, where relevant, the conditions of use of traditional terms;
- (c) the actions to be implemented by the Member States to prevent the unlawful use of protected traditional terms;
- (d) the checks for verification of compliance with the product specification to be carried out by the Member States, including testing.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Section 3 Labelling and presentation in the wine sector
Article 117
Definition
For the purposes of this Section:
- (a) "labelling" means any words, particulars, trade marks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product;
- (b) "presentation" means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles.
Article 118
Applicability of horizontal rules
Save as otherwise provided for in this Regulation, Council Directive 89/396/EEC ([^E0023]), Directive 2000/13/EC, Directive 2007/45/EC of the European Parliament and of the Council ([^E0024]), Directive 2008/95/EC and Regulation (EU) No 1169/2011 shall apply to the labelling and presentation.
The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Directive 2000/13/EC or Regulation (EU) No 1169/2011.
Article 119
Compulsory particulars
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. 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 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;
- (h) the nutrition declaration pursuant to Article 9(1), point (l), of Regulation (EU) No 1169/2011;
- (i) the list of ingredients pursuant to Article 9(1), point (b), of Regulation (EU) No 1169/2011; and
- (j) in the case of grapevine products which have undergone a de-alcoholisation treatment in accordance with Annex VIII, Part I, Section E and that have an actual alcoholic strength by volume of less than 10 %, the date of minimum durability pursuant to Article 9(1), point (f), of Regulation (EU) No 1169/2011.
By way of derogation from 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 protected geographical indication.
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.
By way of derogation from paragraph 1, point (h), the nutrition declaration on the package or on a label attached thereto may be limited to the energy value, which may be expressed by using the symbol ‘E’ for energy. In such cases, the full nutrition declaration shall be provided by electronic means identified on the package or on a label attached thereto. That nutrition declaration shall not be displayed with other information intended for sales or marketing purposes and no user data shall be collected or tracked.
By way of derogation from paragraph 1, point (i), the list of ingredients may be provided by electronic means identified on the package or on a label attached thereto. In such cases, the following requirements apply:
- (a) no user data shall be collected or tracked;
- (b) the list of ingredients shall not be displayed with other information intended for sales or marketing purposes; and
- (c) the indication of the particulars referred to in Article 9(1), point (c), of Regulation (EU) No 1169/2011 shall appear directly on the package or on a label attached thereto.
The indication referred to in the first subparagraph, point (c), of this paragraph shall comprise the word ‘contains’ followed by the name of the substance or product as listed in Annex II to Regulation (EU) No 1169/2011.
However, Article 1, point (8), shall apply from 19 March 2030 and Article 1, point (10)(a), shall apply from 19 September 2027.
Article 120
Optional particulars
Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII may, in particular, contain the following optional particulars:
- (a) the vintage year;
- (b) the name of one or more wine grape varieties;
- (c) in the case of wines other than those referred to in point (g) of Article 119(1), terms indicating the sugar content;
- (d) for wines with a protected designation of origin or a protected geographical indication, traditional terms in accordance with point (b) of Article 112;
- (e) the Union symbol indicating the protected designation of origin or the protected geographical indication;
- (f) terms referring to certain production methods;
- (g) for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication;
- (h) the abbreviations ‘PDO’ or ‘PGI’, corresponding to the indications ‘protected designation of origin’ or ‘protected geographical indication’.
Without prejudice to Article 100(3), as regards the use of particulars referred to in points (a) and (b) of paragraph 1 of this Article for wines without a protected designation of origin or a protected geographical indication:
- (a) Member States shall introduce laws, regulations or administrative provisions to ensure certification, approval and verification procedures so as to guarantee the veracity of the information concerned;
- (b) Member States may, on the basis of non-discriminatory and objective criteria and with due regard to fair competition, for wine produced from wine grape varieties on their territory, draw up lists of excluded wine grape varieties, in particular if:
- (i) there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication;
- (ii) checks would not be cost-effective due to the fact that the given wine grape variety represents a very small part of the Member State vineyard;
- (c) mixtures of wines from different Member States shall not give rise to labelling of the wine grape variety unless the Member States concerned agree otherwise and ensure the feasibility of the relevant certification, approval and verification procedures.
Article 121
Languages
The compulsory and optional particulars referred to in Articles 119 and 120 shall, where expressed in words, appear in one or more official language of the Union.
Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in point (b) of Article 112 shall appear on the label in the language or languages for which the protection applies. In the case of a protected designation of origin or a protected geographical indication or a national specific designation using a non-Latin alphabet, the name may also appear in one or more official languages of the Union.
Article 122
Delegated powers
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; —————
- (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, the conditions for their use and their relationship with trademarks and commercial names.
- (d) the presentation concerning:
- (i) the conditions of use of certain bottle 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;
- (v) the identification on the package or on the label attached thereto of the electronic means referred to in Article 119(4) and (5), including by means of a common pictogram or symbol instead of words;
- (vi) the form and layout of the information provided by electronic means, to simplify its presentation, to adapt it to future technological progress and to new requirements concerning compulsory information relevant to consumers as provided for by Union law or national legislation, or to improve consumer accessibility.
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.
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.
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.
Article 123
Implementing powers in accordance with the examination procedure
The Commission may adopt implementing acts laying down necessary measures concerning the procedures and technical criteria applicable to this Section, including the necessary measures for the certification, approval and verification procedures applicable to wines without a protected designation of origin or a protected geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
CHAPTER II Specific provisions for individual sectors
Section 1 Sugar
Article 125
Sugar sector agreements
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.
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.
Agreements within the trade shall conform to the purchase terms laid down in Annex X.
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.
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).
Article 126
Price reporting in the sugar market
The Commission may adopt implementing acts establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
The system referred to in the first subparagraph shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential.
The Commission shall ensure that specific prices or names of individual economic operators are not published.
Section 2 Wine
Article 145
Vineyard register and inventory of production potential
Member States shall maintain a vineyard register which shall contain updated information on the production potential. From 1 January 2016, this obligation shall only apply if Member States implement the scheme of authorisations for vine plantings referred to in Chapter III of Title I, or a national support programme.
Until 31 December 2015, Member States in which the total area planted with vines of wine grape varieties classified in accordance with Article 81(2) is less than 500 hectares shall not be subject to the obligation laid down in paragraph 1 of this Article.
Member States which provide in their CAP strategic plans for restructuring and conversion of vineyards in accordance with Article 58(1), first subparagraph, point (a), of Regulation (EU) 2021/2115, shall on the basis of the vineyard register submit to the Commission by 1 March each year an updated inventory of their production potential. From 1 January 2016, details in respect of communications to the Commission regarding wine-growing areas shall be laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
In order to facilitate the monitoring and the verification of the production potential by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on the content of the vineyard register and exemptions therefrom.
Article 146
Competent national authorities for the wine sector
Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall satisfy the general criteria for the operation of testing laboratories set out in ISO/IEC 17025.
Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and shall update it periodically.
Article 147
Accompanying documents and register
The products of the wine sector shall be put into circulation in the Union with an officially authorised accompanying document.
Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers, processors and merchants, shall keep inward and outward registers in respect of those products.
In order to facilitate the transport of wine products and the verification thereof by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on:
- (a) rules on the accompanying document and its use;
- (b) the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;
- (c) an obligation to keep a register and its use;
- (d) who is obliged to keep a register and exemptions from that obligation;
- (e) the operations to be included in the register.
The Commission may adopt implementing acts establishing:
- (a) rules on the composition of the registers, the products to be contained therein, deadlines for entries in registers and the closures of registers;
- (b) measures requiring Member States to determine the maximum acceptable percentages for losses;
- (c) general and transitional provisions for the keeping of registers;
- (d) rules determining how long accompanying documents and the registers are to be kept.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
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.
Section 3 Milk and milk products
Article 148
Contractual relations in the milk and milk products sector
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.
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 and/or
- — be calculated by combining various factors set out in the contract, which may include 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; 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 and procedures,
- (v) arrangements for collecting or delivering raw milk, and
- (vi) rules applicable in the event of force majeure.
By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.
All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.
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