Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union

Article 1

Amendments to Regulation (EU) No 1308/2013

Regulation (EU) No 1308/2013 is amended as follows:

(1) Article 2 is replaced by the following: ‘Article 2 General common agricultural policy (CAP) provisions Regulation (EU) 2021/2116 of the European Parliament and of the Council (^*1) and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

(2) Article 3 is amended as follows: (a) paragraph 2 is deleted; (b) paragraphs 3 and 4 are replaced by the following: ‘3. The definitions set out in Regulation (EU) 2021/2116 and Regulation (EU) 2021/2115 of the European Parliament and of the Council (^*2) apply for the purposes of this Regulation, save as otherwise provided for in this Regulation.

(3) Article 5 is replaced by the following: ‘Article 5 Conversion rates for rice The Commission may adopt implementing acts fixing the conversion rates for rice at various stages of processing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;

(4) Article 6 is replaced by the following: ‘Article 6 Marketing years The following marketing years shall be established: (a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors; (b) 1 April to 31 March of the following year for the dried fodder and silkworm sectors; (c) 1 July to 30 June of the following year for: (i) the cereals sector; (ii) the seeds sector; (iii) the flax and hemp sector; (iv) the milk and milk products sector; (d) 1 August to 31 July of the following year for the wine sector; (e) 1 September to 31 August of the following year for the rice sector and with respect to table olives; (f) 1 October to 30 September of the following year for the sugar sector and with respect to olive oil.’;

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

(6) Article 16 is amended as follows: (a) the following paragraph is inserted: ‘2a. Member States shall notify to the Commission all the information needed to allow for the monitoring of compliance with the principles laid down in paragraph 1.’; (b) paragraph 3 is replaced by the following: ‘3. Each year the Commission shall publish details of the conditions under which products bought in under public intervention were bought or sold in the previous year. Those details shall include the relevant volumes and the buying and selling prices.’;

(7) in Article 17, first paragraph, point (b) is replaced by the following: ‘(b) olive oil and table olives;’;

(8) Part II, Title I, Chapter II, is amended as follows: (a) the title is replaced by the following: ‘ CHAPTER II Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments ’; (b) the heading ‘Section 1’ and its title are deleted; (c) in Article 23, paragraph 11 is replaced by the following: ‘11. Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits, including sustainable packaging, and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012. Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.’; (d) Article 23a is amended as follows: (i) paragraph 1 is replaced by the following: ‘1. Without prejudice to paragraph 4 of this Article, the aid under the school scheme allocated for the distribution of products, the accompanying educational measures and the related costs referred to in Article 23(1) shall not exceed EUR 220 804 135 per school year. Within that overall limit, the aid shall not exceed: (a) for school fruit and vegetables: EUR 130 608 466 per school year; (b) for school milk: EUR 90 195 669 per school year.’; (ii) in paragraph 2, third subparagraph, the last sentence is deleted; (iii) in paragraph 4, the first subparagraph is replaced by the following: ‘4. Without exceeding the overall limit of EUR 220 804 135 laid down in paragraph 1, any Member State may transfer once per school year up to 20 % of either one or the other of its indicative allocations.’; (e) Sections 2 to 6, containing Articles 29 to 60, are deleted;

(9) Article 61 is replaced by the following: ‘Article 61 Duration The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2045, with two mid-term reviews to be undertaken by the Commission in 2028 and 2040 to evaluate the operation of the scheme and, if appropriate, make proposals.’;

(10) Article 62 is amended as follows: (a) paragraph 3 is amended as follows: (i) the following subparagraph is inserted after the first subparagraph: ‘By way of derogation from the first subparagraph, Member States may decide that when replanting takes place on the same parcel or parcels on which the grubbing up was undertaken, the authorisations referred to in Article 66(1) are valid for six years from the date on which they were granted. Such authorisations shall clearly identify the parcel or parcels on which the grubbing up and the replanting will take place.’; (ii) the second and third subparagraphs are replaced by the following: ‘By way of derogation from the first subparagraph, the validity of authorisations granted in accordance with Article 64 and Article 66(1), which expires in the years 2020 and 2021, is extended until 31 December 2022. Producers who hold authorisations in accordance with Article 64 and Article 66(1) of this Regulation, which expire in 2020 and 2021, shall not, by way of derogation from the first subparagraph of this paragraph, be subject to the administrative penalty referred to in Article 89(4) of Regulation (EU) No 1306/2013 provided that they inform the competent authorities by 28 February 2022 that they do not intend to make use of their authorisation and do not wish to benefit from the extension of their validity as referred to in the third subparagraph of this paragraph. Where producers who hold authorisations, the validity of which was extended until 31 December 2021, have declared to the competent authority by 28 February 2021 that they do not intend to make use of those authorisations, they shall be allowed to retract their declarations by means of a written communication to the competent authority by 28 February 2022 and to make use of their authorisations within the extended validity period provided for in the third subparagraph.’; (b) paragraph 4 is replaced by the following: ‘4. This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes, for setting-up collections of vine varieties intended to preserve genetic resources or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower’s household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.’;

(11) Article 63 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Member States shall make available each year authorisations for new plantings corresponding to either: (a) 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or (b) 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 that were available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.’; (b) in paragraph 2, the following subparagraph is added: ‘Member States that limit the issuing of authorisations at regional level for specific areas eligible for the production of wines with a protected designation of origin or for areas eligible for the production of wines with a protected geographical indication in accordance with the first subparagraph, point (b), may require such authorisations to be used in those regions.’; (c) paragraph 3 is amended as follows: (i) point (b) is replaced by the following: ‘(b) the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication;’; (ii) the following point is added: ‘(c) the wish to contribute to the development of the products in question while preserving the quality of those products.’; (d) the following paragraph is inserted: ‘3a. Member States may take any regulatory measures necessary to prevent circumvention by operators of the restrictive measures taken pursuant to paragraphs 2 and 3.’;

(12) Article 64 is amended as follows: (a) in paragraph 1, second subparagraph, the introductory wording is replaced by the following: ‘Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria at national or regional level:’; (b) paragraph 2 is amended as follows: (i) the introductory wording is replaced by the following: ‘2. If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria that may apply at national or regional level.’; (ii) point (b) is replaced by the following: ‘(b) areas where vineyards contribute to the preservation of the environment or the conservation of the genetic resources of vines;’; (iii) point (f) is replaced by the following: ‘(f) areas to be newly planted which contribute to increasing the production of holdings of the wine-growing sector that show increased cost-efficiency or competitiveness or presence on the markets;’; (iv) point (h) is replaced by the following: ‘(h) areas to be newly planted in the framework of increasing the size of small and medium-sized vine holdings;’; (c) the following paragraph is inserted: ‘2b. Member States may take any necessary regulatory measures to prevent the circumvention by operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a.’;

(13) in Article 65, the first paragraph is replaced by the following: ‘When applying Article 63(2), a Member State shall take into consideration recommendations presented by recognised professional organisations operating in the wine sector referred to in Articles 152, 156 and 157, by interested groups of producers referred to in Article 95, or by other types of professional organisation recognised on the basis of that Member State’s legislation, provided that those recommendations are preceded by an agreement entered into by the relevant representative parties in the reference geographical area.’;

(14) Article 68 is amended as follows: (a) the following paragraph is inserted: ‘2a. From 1 January 2023, an area equivalent to the area covered by planting rights that were eligible for conversion into planting authorisations on 31 December 2022 but have not yet been converted into authorisations in accordance to paragraph 1, shall remain at the disposal of the Member States concerned, which may grant authorisations in accordance with Article 64 at the latest by 31 December 2025.’; (b) paragraph 3 is replaced by the following: ‘3. The areas covered by the authorisations granted pursuant to paragraphs 1 and 2a of this Article shall not be counted for the purposes of Article 63.’;

(15) in Article 81, the following paragraph is added: ‘6. Areas planted for purposes other than wine production with vine varieties which, in the case of Member States other than those referred to in paragraph 3, are not classified or which, in the case of Member States referred to in paragraph 3, do not comply with paragraph 2, second subparagraph, shall not be subject to a grubbing up obligation. The planting and replanting of the vine varieties referred to in the first subparagraph for purposes other than wine production shall not be subject to the scheme of authorisations for vine planting laid down in Part II, Title I, Chapter III.’;

(16) Article 86 is replaced by the following: ‘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.’;

(17) Article 90 is amended as follows: (a) paragraph 1 is replaced by the following: ‘1. Save as otherwise provided for in international agreements concluded in accordance with the TFEU, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter, and the definitions, designations and sales descriptions referred to in Article 78 of this Regulation shall apply to products imported into the Union and falling within CN codes 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 %)’; (b) in paragraph 3, the introductory wording is replaced by the following: ‘3. 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:’;

(18) in Part II, Title II, Chapter I, Section 1, the following subsection is inserted: ‘Subsection 4a Checks and penalties

Article 90a

Checks and penalties related to marketing rules

(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.

(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).’;