Artikelen bij COM(2025)553 - Amendment of Regulation (EU) No 1308/2013 as regards the school fruit, vegetables and milk scheme (‘EU school scheme’), sectoral interventions, the creation of a protein sector, requirements for hemp, the possibility for marketing standards for cheese, protein crops and meat, application of additional import duties, rules on the availability of supplies in time of emergencies and severe crisis and securities - Hoofdinhoud
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| dossier | COM(2025)553 - Amendment of Regulation (EU) No 1308/2013 as regards the school fruit, vegetables and milk scheme (‘EU school scheme’), ... |
|---|---|
| document | COM(2025)553  |
| datum | 16 juli 2025 |
Inhoudsopgave
Article 1 - Amendments to Regulation (EU) No 1308/2013
(1) in Article 1(2), point (d) is replaced by the following:
‘(d) protein crop sector, Part IV’;
(2) Article 2 is replaced by the following:
‘Article 2
General common agricultural policy (CAP) provisions
Regulation (EU) .../... of the European Parliament and of the Council [NRPF Regulation]* and Regulation (EU) …/… of the European Parliament and of the Council [Performance Regulation]** and the provisions adopted pursuant to them shall apply in relation to the measures laid down in this Regulation.
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* Regulation (EU) .../... of the European Parliament and of the Council [NRPF Regulation] (OJ L …, ELI: ).
** Regulation (EU) .../... of the European Parliament and of the Council [Performance Regulation] (OJ L …, ELI: ).’;
(3) Article 3 is amended as follows:
(a)paragraph 3 is deleted;
(b)in paragraph 5, the following point is added:
‘(c) “outermost regions” means the regions referred to in Article 349 TFEU.’;
(4) in Article 6, point (b) is replaced by the following:
‘(b) 1 April to 31 March of the following year for the silkworm sector;’;
(5) Article 7 is deleted;
(6) the references to ‘Article 229(2) or (3)’ in Articles 13(1)(c), 13(2), 21, second subparagraph, 116, 149(6), second subparagraph, 152(1c), second subparagraph, 175, second subparagraph, 179, second subparagraph, 183, second subparagraph, 193a(2), 213 and 216(2), should be replaced by ‘Article 229(2), (3) or (4)’;
(7) in Part II, Title I, Chapter I, Section 2, the following Article is added:
‘Article 16a
Public intervention expenditure
The Commission is empowered to adopt delegated acts in accordance with Article 227 supplementing this Regulation with rules on:
(a)the type of measures eligible for Union financing and the reimbursement conditions;
(b)the eligibility conditions and calculation methods based on the information actually observed by the paying agencies, on flat rates determined by the Commission, or on flat-rate or non-flat-rate amounts provided for by the agricultural legislation in specific sectors;
(c)the valuation of operations in connection with public intervention, the measures to be taken in the case of loss or deterioration of products under the public intervention, and the determination of the amounts to be financed.’;
(8) in Article 19(5), the following point is added:
‘(d) laying down the rules on payment of aid and identifying cases where no aid is paid or the aid is reduced in case operators do not comply with their obligations relating to the conditions for public intervention or for private storage as referred to in Sections 2 and 3.’;
(9) in Article 20, first subparagraph, the following points are added:
‘(v) rules necessary for the tests and methods to be applied in order to establish the eligibility of products for public intervention and private storage and the use of tendering procedures for public interventions or for private storage;
(w) rules on administrative and on-the-spot checks to be conducted by Member States with regard to the respect of obligations, commitments and eligibility criteria for public intervention or for private storage as referred to in Sections 2 and 3;
(x) detailed rules for the application and calculation of administrative penalties by Member States when operators do not comply with the eligibility criteria, commitments or other obligations relating to the conditions for public intervention or for private storage as referred to in Sections 2 and 3.’;
(10) in Part II, Title I, Chapter II is deleted;
(11) in Article 23a, the following paragraph is inserted:
‘1a. In school year 2027/2028, 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 90 001 722,9.’;
(12) in Part II, Title I, the following Chapter is inserted:
‘CHAPTER IIa
Types of interventions referred to in Regulation (EU) .../... [NRPF Regulation]
Section 1 - General provisions
Article 26 - Scope
This Chapter lays down rules on types of interventions provided for in Regulation (EU) .../... [NRPF Regulation] related to the EU school scheme and certain sectors referred to in Article 1 of this Regulation.This Chapter applies to Union support financed by the National and Regional Partnership Fund (the ‘Fund’) for interventions specified in the National and Regional Partnership Plans (the ‘NRP Plans’) drawn up by a Member State and approved by the Commission, covering the period from 1 January 2028 to 31 December 2034.
Unless otherwise provided for in this Chapter, Regulations (EU) .../... [NRPF Regulation] and (EU) .../... [Performance Regulation] and the provisions adopted pursuant to them apply to the types of interventions referred to in this Chapter.
Section 2 - EU school scheme
Article 27 - Scope and general rules
1. This Section lays down rules concerning the types of interventions in the NRP Plans to support the distribution of agricultural products to children in educational establishments in order to increase the consumption of selected agricultural products and to improve children's eating habits (‘EU school scheme’).2. The participants in the EU school scheme shall be children attending educational establishments which are administered or recognised by the Member States' competent authorities.
Member States shall establish in their NRP Plans the eligibility criteria for participants in the EU school scheme. In cases where Member States consider it necessary for the attainment of the objectives of the school scheme, they may focus on certain age group or prioritise certain groups of children according to socio-economic considerations.
3. Member States shall establish in their NRP Plans the categories of beneficiaries of the interventions in the EU school scheme which shall be selected among educational establishments or authorities, organisations acting on their behalf, suppliers, or any other public or private bodies involved in the management or provision of any of the types of interventions referred to in paragraph 4.
4. Member States shall establish and provide support for interventions based on the following types of interventions under the conditions laid down in this Section and as further specified in their NRP Plans:
(a)supply and distribution of agricultural products;
(b)awareness-raising measures.
5. Member States shall ensure that educational establishments participating in the EU school scheme publicise, at school premises and other relevant places, their involvement in the EU school scheme and the fact that it is subsidised by the Union. Member States shall provide for the use of any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. The Union emblem and funding statement shall be used in accordance with Annex V to Regulation (EU) …/... [Performance Regulation].
6. Member States shall report under the data set related to the operation referred to in Article 63(1) [Data collection and recording], point (e), of Regulation (EU) …/… [NRPF] about the funds used for the supply and distribution of each of the product groups listed in Article 28(1) of this Regulation and for the awareness raising interventions referred to in Article 29 of this Regulation, the number of educational establishments and of children participating in the EU school scheme, the average portion size and the number of delivered portions, the quantities of products supplied broken down by product groups and by organic products, and if applicable, of products referred to in Article 29(2) of this Regulation, and the awareness-raising interventions implemented.
Article 28 - Supply and distribution of agricultural products
1. Only the following products shall be eligible for supply and distribution under the EU school scheme:(a)fruit and vegetables listed in Part IX of Annex I;
(b)processed fruit and vegetable products listed in Part X;
(c)fresh bananas, excluding plantains, within CN code 0803 90;
(d)drinking milk, cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa listed in Part XVI of Annex I.
2. Products distributed under the EU school scheme shall not contain more than 10 % of free sugars or more than 30 % fats.
3. Products distributed under the EU school scheme shall not contain any of the following:
(a)added sugars;
(b)added salt;
(c)added fat;
(d)added sweeteners;
(e)added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council*.
Notwithstanding the first subparagraph of this paragraph, Member States may, after obtaining the appropriate authorisation from their authorities responsible for health and nutrition in accordance with their national procedures, decide that eligible products referred to in paragraph 1, points (b) and (d), may contain limited quantities of added sugar, added salt and/or added fat, which are necessary to process products and define the maximum daily intakes.
4. Member States shall prioritise the distribution of products of either or both of the following groups:
(a)seasonal fresh fruit and vegetables;
(b)skimmed or semi-skimmed unsweetened drinking milk and lactose-free versions thereof.
5. Member States shall, taking into account national circumstances, prioritise the distribution of products originating in the Union and one or more of the following:
(a)products with low climate footprint;
(b)products which are certified according to organic production standards;
(c)products which are contained in sustainable packaging;
(d)products which have been produced in compliance with animal welfare standards or practices which are higher than those provided for in Union legislation;
(e)products which are locally produced and marketed through short supply chains;
(f)products which originate from small farms as determined by Member States;
(g)products which comply with fair-trade production standards.
6. Member States shall establish in their NRP Plans the list of products that may be supplied and distributed and the prioritisation criteria.
7. Products distributed under the EU school scheme:
(a)shall not be used in the preparation of the regular school meals;
(b)shall not replace products that are part of the regular school meals through the financial contribution from public and/or private entities, except where educational establishments distribute regular school meals free of charge;
(c)should remain at all times clearly recognisable as part of the EU school scheme, through suitable communication and publicity measures.
Member States shall ensure the added value of the EU school scheme in relation to the provision of other meals in educational establishments.
Article 29 - Awareness-raising interventions
1. The awareness-raising interventions shall be directly linked to the objectives of the EU school scheme of increasing the consumption of selected agricultural products and improving children’s eating habits.They shall be aimed at reconnecting children with agriculture and the variety of Union agricultural products, particularly those produced in their region, and raising awareness about related issues, such as healthy eating habits, local food chains, organic farming, sustainable food production and consumption and combating food waste.
2. In addition to the products supplied and distributed as provided for in Article 28, Member States may provide for the tasting of other agricultural products listed in Annex I.
3. Member States shall ensure that all the children participating in the EU school scheme can take part in awareness-raising interventions.
Member States may decide to take the regular school curriculum or other policies or programmes into account for the purpose of complying with the obligation laid down in the first subparagraph. However, no Union support shall be provided for those activities.
Section 3 - Support for interventions in certain sectors
Article 30 - Scope
1. This Section lays down rules concerning types of interventions in the sectors listed in Article 1(2), points (a) to (i), (k), (l) and (m), (o) to (t), (v) and (w), and products listed in Annex Ia.2. Interventions in the sectors referred to in Article 1(2), points (d), (f), (g) and (i), shall be mandatory for Member States with producer organisations or associations of producer organisations in those sectors recognised under this Regulation.
3. Intervention in the apiculture sector referred to in Article 1(2), point (v), shall be mandatory for all Member States.
Article 31 - Types of intervention in certain sectors
Member States may establish and provide support in the sectors for any of the types of interventions laid down in Article 12 [Risk management tools] and in Article 13 [Investments for farmers] of Regulation (EU) …/… of the European Parliament and of the Council [CAP Regulation]**, and any of the following types of interventions under the conditions laid down in this Section and as further specified in their NRP Plans:(a)investments in tangible and intangible assets other than those referred to in Article 13 [Investments for farmers] of Regulation (EU) …/… [CAP Regulation];
(b)training, information, including coaching and exchange of best practices;
(c)advisory services;
(d)promotion and marketing;
(e)research, innovation and experimental production methods;
(f)actions to mitigate and/or to adapt to climate change;
(g)actions to protect and/or improve the environment;
(h)laboratory tests and to laboratories for analysis;
(i)implementation of traceability and certification systems;
(j)collective storage of products;
(k)green harvesting, consisting of the total harvesting on a given area of unripe non-marketable products, which have not been damaged prior to the green harvesting, and thereby reducing the yield of the relevant area to zero;
(l)non-harvesting, consisting of the termination of the current production cycle on the area concerned where the product is well developed and is of sound, fair and marketable quality, excluding destruction of products due to a climatic event or disease;
(m)implementation and management of third-country sanitary and phytosanitary requirements in the territory of the Union to facilitate access to third-country markets;
(n)sustainable restructuring and conversion of vineyards through varietal conversions, relocation of vineyards, and improvements to vineyard management techniques;
(o)distillation of by-products of wine making;
(p)market withdrawal for free distribution or other destinations, including where necessary processing to facilitate such withdrawal;
(q)actions in the apiculture sector to preserve or increase the existing number of beehives in the Union and actions to enhance product quality.
Article 32 - Beneficiaries
1. Member States shall establish in their NRP Plans which operators may benefit from interventions in the sectors referred to in Article 30(1).2. In their NRP Plans, Member States shall establish that producer organisations and association of producer organisations recognised under this Regulation and producer groups as referred to in paragraph 3 of this Article are the sole beneficiaries of the interventions referred to in Article 30(2).
3. Member States may decide that producer groups and entities representing other form of cooperation between producers that are constituted at the initiative of producers and controlled by them, may be beneficiaries of the interventions in the sectors referred to in Article 30(1). Such forms of cooperation shall be identified by the competent authority of a Member State as producer groups for the duration of their first operational programme. An operational programme and a recognition plan with a view to be recognised as producer organisations in accordance with the requirements laid down in Articles 152, 153, 154, 156 or 161 prepared by those producer groups shall be submitted to the competent authorities simultaneously. The producer groups shall implement that recognition plan.
Article 33
Operational programmes and operational funds
1. Interventions of producer organisations, associations of producer organisations or producer groups as referred to in Article 32(2) carried out in the sectors referred to in Article 30(1) shall be implemented through operational programmes approved by the Member State.
2. Operational programmes shall have a minimum duration of three years and a maximum duration of seven years.
3. Operational programmes shall be financed through operational funds consisting of:
(a)financial contributions from:
(i) members of the producer organisation or the producer organisation itself or both; or
(ii) members of the association of producer organisations or the association of producer organisations itself or both; or
(iii) members of the producer group or the producer group itself or both;
(b)Union financial assistance;
(c)national contribution.
4. Member States shall set out in their NRP Plans the maximum percentages of the operational fund which may be spent on any individual type of intervention in order to ensure a balance between the different types of interventions.
Article 34 - Value of marketed production
1. Member States shall indicate in their NRP Plans how the value of marketed production is calculated for each sector.2. The value of the marketed production for a producer organisation, association of producer organisations or producer group shall be calculated on the basis of the production of the producer organisation or producer group or association of producer organisations and its producer members that has been put on the market by this organisation, association or producer group and shall only include the production of those products for which the producer organisation, association or producer group is recognised or identified.
In addition, the value of marketed production shall be calculated at fresh stage or at the first processing stage on which the product is normally marketed, in bulk, where products are allowed to be marketed in bulk. It shall be further calculated at the ‘ex-organisation, association or producer group’ stage or at ‘ex-subsidiary’ stage, provided that at least 90 % of the shares or capital of the subsidiary is owned by the producer organisation, association or producer group.
The value of marketed production shall include the value of the by-products, of market withdrawals for free distribution, of outsourced activities or of the insurance indemnification received in respect of harvest and production insurance actions.
Cost of processing in case of processed products, VAT and costs of transport internal to the organisation or producer group for distance exceeding 300 km shall not be included in the calculation of the value of marketed production.
Doubled counting of the values of marketed production shall be prohibited. In order to avoid double counting of values of marketed production, the production of the members of a producer organisation, association of producer organisations or producer group which is marketed by another such organisation shall only be counted in the value of the marketed production of the latter organisation.
3. Member States shall determine a 12-month calendar reference period during the three years prior to the year for which the aid is requested.
Where historical data on marketed production for newly recognised producer organisations, association or producer group is insufficient for the purposes of the first subparagraph, Member States shall accept the value of marketed production communicated by the producer organisation, association or group for the purpose of its recognition.
4. Where for a product a reduction of at least 35 % in the value of marketed production for a given year in relation to the average of the three previous 12-month reference periods has occurred due to natural disasters, climatic events, plant diseases or pest infestations or any other reasons falling outside the responsibility and control of the organisation, association or group, the value of marketed production of that product shall be deemed to represent 85 % of the average value in the three previous 12-month reference periods. If preventive measures were undertaken, the value of marketed production of that product shall be deemed to represent 100 % of the average value in the three previous 12-month reference periods.
Article 35 - Delegated powers for additional requirements for types of intervention
1. The Commission is empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation with requirements additional to those laid down in this Section as regards:(a) ensuring the proper functioning of types of intervention laid down in this Section, in particular by avoiding distortion of competition in the internal market and to ensure sustainability;
(b) the rules under which producers are to withdraw the by-products of winemaking, rules on exceptions to that obligation in order to avoid additional administrative burden and rules for the voluntary certification of distillers.
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* Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16, ELI: http://data.europa.eu/eli/reg/2008/1333/oj ).
** Regulation (EU) …/… of the European Parliament and of the Council [CAP] (OJ L …, ELI:…).’;
(13) Article 75 is amended as follows:
(a)in paragraph 1, the following points are added:
‘(j) protein crops;
(k) beef;
(l) pigmeat;
(m) sheepmeat;
(n) goatmeat;
(o) cheese.’;
(b)in paragraph 3, point (j) is replaced by the following:
‘(j) the place of farming and/or origin’;
(14) in Article 78(1), the following points are added:
‘(h) pigmeat;
(i) sheepmeat;
(j) goatmeat.’;
(15) in Article 90a, paragraph 4 is replaced by the following:
‘4. In the event of an infringement of Union rules laid down in this Regulation in the wine sector, Member States shall apply proportionate, effective and dissuasive administrative penalties. Member States shall not apply such penalties where the non-compliance is of a minor nature.’;
(16) in Part II, Title II, Chapter I, the following Section is added:
‘Section 4
Marketing of quality agricultural products specific to the outermost regions
Article 123 - a Logo
1. A logo may be used with a view to improving awareness and increasing the consumption of quality agricultural products, whether processed or not, specific to the outermost regions.2. The conditions for using the logo referred to in paragraph 1 shall be proposed by the trade organisations concerned. The national authorities shall forward such proposals, with their opinion thereon, to the Commission. Use of the logo shall be monitored by a public authority or a body approved by the competent national authorities.
3. The Commission is empowered to adopt delegated acts, in accordance with Article 227, concerning the conditions for exercising the right to use the logo and for reproducing and using it. Those conditions shall be set to improve awareness of high-quality agricultural products from the outermost regions and to increase the consumption thereof, regardless of whether those products are processed or non-processed.
4. The Commission shall adopt implementing acts concerning the detailed rules concerning the use of the logo and the minimum characteristics for the checks and monitoring which the Member States shall perform. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;
(17) in Article 125, paragraph 1 is replaced by the following:
‘1. The terms for buying sugar beet and sugar cane between Union growers of sugar beet and sugar cane and Union sugar undertakings, including pre-sowing delivery contracts, shall be governed by written agreements within the trade as described in Part II, Section A, point 6, of Annex II.’;
(18) in Article 145(3), the first sentence is replaced by the following:
‘Member States which provide in their NRP Plans for restructuring and conversion of vineyards in accordance with Article 31, point (n), shall on the basis of the vineyard register submit to the Commission by 1 March each year an updated inventory of their production potential.’;
(19) in Part II, Title II, Chapter II, the following Section is inserted:
‘Section 2a
Hemp
Article 147 - b Production of hemp
1. The following products may be produced in the Union if they are grown from a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 % and they meet the following conditions:(a)raw true hemp falling within CN code 5302 grown from seeds certified in accordance with Council Directive 2002/57/EC* or in accordance with Article 10 of Commission Directive 2008/62/EC** in the case of conservation varieties;
(b)hemp seeds for sowing falling within CN code ex 1207 99 20 produced in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties;
(c)hemp seeds other than for sowing, falling within CN code 1207 99 91 grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties;
(d)all other parts of the hemp plant falling withing CN code 1211 90 86 grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties.
2. Products referred to in paragraph 1 not meeting the conditions laid down therein may be produced on the territory of Member States that allow so for their territory and under the conditions they lay down in accordance with Union, international and national law.
Article 147 - c Marketing of hemp
1. The following products may only be marketed in the Union if the following conditions are met:(a)raw true hemp falling within CN code 5302, produced from a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 % and grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties;
(b)hemp seeds for sowing falling within CN code ex 1207 99 20 of a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 %, marketed in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties;
(c)all other parts of the hemp plant falling withing CN code 1211 90 86, of a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 % and grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties.
Hemp seeds other than for sowing, falling within CN code 1207 99 91 may be marketed in the Union.
2. By way of derogation from paragraph 1, products listed in that paragraph not complying with the conditions laid down therein may be marketed for use for medical and scientific purposes in accordance with Union, international and national law.
3. Hemp products referred to in paragraph 1 derived from hemp plants sown before [1 January of the year after the date of entry into force of this Regulation] may continue to be marketed in accordance with the rules in force prior to that date until [31 December of the year after the entry into force of the amending Regulation].
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* Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74, ELI: http://data.europa.eu/eli/dir/2002/57/oj ).
** Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ L 162, 21.6.2008, p. 13, ELI: http://data.europa.eu/eli/dir/2008/62/oj ).’;
(20) in Article 154, the following paragraphs are inserted:
‘3a. Producer organisations which have been recognised before [date of entry into force of this amending Regulation] for one or more products in the protein crop sector shall be deemed to be recognised in that sector as producer organisations pursuant to Article 152. Those producer organisations shall also retain their recognition for other products recognised under other sectors. However, where those producer organisations do no longer fulfil the conditions laid down in paragraph 1 of this Article for one or more sectors, Member States shall withdraw their recognition for the concerned sectors no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].
3b. Producer organisations which have been recognised before [date of entry into force of this amending Regulation] for one or more products added under point VIII of Annex I for the flax and hemp sector shall be deemed to be recognised in that sector as producer organisations pursuant to Article 152. Those producer organisations shall also retain their recognition for other products recognised under other sectors. However, where those producer organisations do no longer fulfil the conditions laid down in paragraph 1 of this Article for one or more sectors, Member States shall withdraw their recognition for the concerned sectors no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].’;
(21) in Article 158, the following paragraphs are inserted:
‘3a. Interbranch organisations which have been recognised before [date of entry into force of this amending Regulation] for one or more products in the protein crop sector shall be deemed to be recognised in that sector as interbranch organisations pursuant to Article 157. Those interbranch organisations shall also retain their recognition for other products recognised under other sectors. However, where those interbranch organisations do no longer fulfil the conditions laid down in paragraph 1 of this Article for one or more sectors, Member States shall withdraw their recognition for the concerned sectors no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].
3b. Interbranch organisations which have been recognised before [date of entry into force of this amending Regulation] for one or more products added under point VIII of Annex I for the flax and hemp sector shall be deemed to be recognised in that sector as interbranch organisations pursuant to Article 157. Those interbranch organisations shall also retain their recognition for other products recognised under other sectors. However, where those interbranch organisations do no longer fulfil the conditions laid down in paragraph 1 of this Article for one or more sectors, Member States shall withdraw their recognition for the concerned sectors no later than [31 December 20XX at least 2 full years after the date of entry into force of this amending Regulation].’;
(22) Article 159 is amended as follows:
(a)in point (a), the following point is added:
‘(v) protein crop sector’;
(b)point (b) is replaced by the following:
‘(b) interbranch organisations in the olive oil and table olives sector, the tobacco sector and protein crop sector.’;
(23) in Article 173(1), the following point is inserted:
‘(ca) the suspension, reduction and recovery for payments of support for interventions in certain sectors referred to in Part II, Title I, Chapter II, Section 2 in case of non-respect of recognition criteria’;
(24) in Article 174(1), first subparagraph, the following points are added:
‘(h) rules on administrative and on-the-spot checks to be conducted by Member States on producer organisations or associations of producer organisations to verify compliance with the recognition criteria;
(i) rules on a unique identification system of recognised producer organisations and associations of producer organisations.’;
(25) Article 182 is amended as follows:
(a)in paragraph 1, the second subparagraph is replaced by the following:
‘The trigger volume shall be equal to either 125 %, 110 % or 105 % of the average yearly imports during the three preceding years for which data are available, 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.’;
(b)paragraph 2 is deleted;
(26) in Article 186(1), the following point is added:
‘(e) providing, where necessary, for penalties for operators for cases of non-compliance with the conditions and eligibility requirements that an operator has to fulfil to submit an application within the tariff quota, and in particular when they fail to provide accurate, up-to-date and truthful documents to the licence issuing authority.’;
(27) Article 189 is replaced by the following:
‘Article 189
Imports of hemp
1. The following products may only be imported into the Union if the following conditions are met:
(a)raw true hemp falling within CN code 5302, produced from a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3% and grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties or accompanied by proof that the Δ9-tetrahydrocannabinol level of the variety concerned does not exceed 0,3 %;
(b)hemp seeds for sowing falling within CN code ex 1207 99 20 of a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 %, certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties or accompanied by proof that the Δ9-tetrahydrocannabinol level of the variety concerned does not exceed 0,3 %;
(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;
(d)other parts of the hemp plant falling within CN code 1211 90 86 of a variety of Cannabis Sativa L. registered in the Common Catalogue of Varieties of Agricultural Plant Species containing a maximum Δ9-tetrahydrocannabinol content not exceeding 0,3 % and grown from seeds certified in accordance with Directive 2002/57/EC or in accordance with Article 10 of Directive 2008/62/EC in the case of conservation varieties or accompanied by proof that the tetrahydrocannabinol level of the variety concerned does not exceed 0,3 %.
2. By way of derogation from paragraph 1, products referred to in that paragraph not meeting the conditions laid down therein may be imported for use for medical and scientific purposes in accordance with Union, international and national law.’;
(28) Article 214a is replaced by the following:
‘Article 214a
National payments for certain sectors in Finland
1. Subject to authorisation by the Commission, for the period 2023 to 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;
(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), (3) or (4).
2. Subject to authorisation by the Commission, for the period 2028 to 2034, Finland may continue to grant national aids which it granted in 2027 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 2034 does not exceed 67 % of the amount granted in 2027;
(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), (3) or (4).’;
(29) in Part IV, Chapter II, the following Article is added:
‘Article 214b
National payments for the sugar sector in the French outermost regions
France may grant the sugar sector in the French outermost regions aid of up to EUR 90 million per marketing year.
France shall inform the Commission within 30 days of the end of each marketing year of the amount of aid actually granted.’;
(30) Article 217 is deleted;
(31) in Part V, the following Chapter is inserted:
‘CHAPTER Ib
Availability of supplies in time of emergencies and severe crises
Article 222 - c Plans for availability of supplies of agricultural products in time of emergencies and severe crises
1. The Commission and the Member States shall cooperate to identify and address structural vulnerabilities the supply chain of agricultural and enhance the coherence of crisis preparedness in the agri-food sector.2. Member States shall establish, taking into account their specific risk profiles and institutional arrangements, national food security preparedness and response plans to:
(a)maintain the availability, access and security of supply of agricultural products during emergencies or severe crises at all territorial levels;
(b)prevent or mitigate supply chain disruptions during emergencies or severe crises at all territorial levels.
3. The food security preparedness and response plans shall include at least:
(a)monitoring and early warning mechanisms, including assessments of structural supply chain vulnerabilities and risk scenarios for major disruptions;
(b)arrangements to aggregate data on stocks of key agricultural products;
(c)allocation of roles and coordination mechanisms among competent authorities at all territorial levels as well as procedures for cooperation with relevant private sector actors;
(d)emergency communication protocols to ensure rapid dissemination of information to stakeholders and the general public.
4. Member States shall review their food security preparedness and response plans regularly.
5. Member States shall designate a national competent authority or contact point responsible for food security preparedness and response coordination with other Member States and the Commission.
6. Member States shall notify summaries of the latest version of their national food security preparedness and response plans referred to in paragraph 2 to the Commission every three years.
7. The Commission may adopt implementing acts:
(a)specifying the format, reporting requirements, dissemination of the non-confidential parts, and timelines for the submission of the summaries of the food security preparedness and response plans;
(b)laying down rules for cross-border cooperation between Member States in the framework of development and application of the food security preparedness and response plans to achieve the objectives referred to in paragraph 2.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Article 222 - d Reserves of agricultural products
1. For the purposes of this Article, “reserves” means stocks held by public or private operators designated for military or civil protection use in emergencies or crises, including humanitarian interventions or stocks kept available to ensure food security during major supply disruptions.2. Where Member States establish and manage reserves of agricultural products, they shall ensure that such measures are designed in a manner that minimises market distortions, including the following:
(a)the volume of agricultural products held in reserve shall be determined on the basis of predefined targets;
(b)reserve levels shall be reviewed regularly and, where necessary, adjusted on the basis of identified supply chain vulnerabilities and risk assessments;
(c)the purchase of agricultural products for the reserves shall be conducted at market prices, through tendering procedures. The release of agricultural products from reserves onto the market shall be carried out in a transparent manner, at market prices;
(d)operations related to the establishment, maintenance and release of reserves shall be subject to regular monitoring by the competent authorities of the Member States.
3. Where Member States establish and manage reserves of agricultural products, the reserves shall be implemented as part of a national food security preparedness and response plan, as referred to in Article 222c(2).
The predefined targets referred to in paragraph 2, point (a), shall be set out in the national food security preparedness and response plan referred to in Article 222c(2).
Information concerning the establishment, maintenance and release of reserves shall be included in the summary of the national food security preparedness and response plan referred to in Article 222c(6).
4. The Commission may adopt implementing acts laying down rules:
(a)for coordinated actions for the establishment and management of the reserves referred to in paragraph 1, such as the identification of categories of products for the establishment of the reserves and the development of joint risk assessments and early warning mechanisms to mitigate cross-border supply risks and ensure continuity of supply during disruptions;
(b)on the implementation of voluntary solidarity and mutual assistance mechanisms by which Member States make parts of their reserves available to another Member State facing severe shortages.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).
Article 222e
Coordination
1. To support a coordinated Union approach to food security preparedness and agricultural supply chain resilience, the Commission shall establish a European Food Security Crisis preparedness and response Mechanism (EFSCM), bringing together competent authorities of Member States, relevant stakeholder organisations and, where appropriate, representatives of selected third countries.
2. The EFSCM shall:
(a)promote effective implementation of Union legislation, programmes and policies concerning preparedness for, and response to, food supply and food security crises;
(b)foster cooperation and coordination, exchange of experience and good practices on early warning, monitoring and reporting of threats, crisis response and post-crisis assessment;
(c)support the identification of structural vulnerabilities and resilience gaps in the agri-food chains, including through stress testing, risk assessments and scenario planning;
(d)promote regular exchanges and dialogue on national food security preparedness and response plans of Member States and non-EU countries, taking into account the confidentiality of such plans;
(e)contribute to the preparation of recommendations or policy initiatives concerning Union preparedness for, and response to, food supply and food security crises.
Article 222 - f Enhanced actions in severe crises or emergencies
In the event of a declared severe crisis or an emergency posing a high risk to food security, the Commission may, by means of immediately applicable implementing acts, require Member States and operators to provide real-time reporting to the Commission on relevant public and private stocks of agri-food products and inputs or on other information of relevance to ensure supply of those products in the Union.Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(3).
Article 222 - g Protection of sensitive or classified information
1. The Commission shall ensure that sensitive or classified data relating to stock levels, logistics capacities or supply vulnerabilities is handled, stored and exchanged in accordance with applicable Union rules on the protection of sensitive and classified information, including cybersecurity requirements.2. The Commission may adopt implementing acts to specify technical and procedural requirements for the secure handling and exchange of such information.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;
(32) in Part V, the following Chapter is added:
‘CHAPTER III
Securities
Article 222 - h Securities
1. The Member States shall, where this Regulation or legislation adopted pursuant to it so provides, request the lodging of a security giving the assurance that a sum of money will be paid or forfeited to a competent authority if a particular obligation under that legislation is not fulfilled.2. Except in cases of force majeure, the security shall be forfeited in whole or in part where the execution of a particular obligation is not carried out, or is carried out only partially.
3. The Commission is empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation with rules which ensure non-discriminatory treatment, equity and the respect of proportionality when lodging a security and which:
(a)specify the responsible party in the event that an obligation is not met;
(b)lay down the specific situations in which the competent authority may waive the requirement of a security;
(c)lay down the conditions applying to the security to be lodged and the guarantor and the conditions for lodging and releasing that security;
(d)lay down the specific conditions related to the security lodged in connection with advance payments;
(e)set out the consequences of breaching the obligations for which a security has been lodged, as provided for in paragraph 1, including the forfeiting of securities and the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications, as well as, where an obligation covered by that security has not been met either wholly or in part, taking into account the nature of the obligation, the quantity for which the obligation has been breached, the period exceeding the time limit by which the obligation should have been met and the time by which evidence that the obligation has been met is produced.
4. The Commission may adopt implementing acts laying down rules on:
(a)the form of the security to be lodged and the procedure for lodging the security, for accepting it, and for replacing the original security;
(b)the procedures for the release of a security;
(c)the notifications to be made by Member States and by the Commission.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).’;
(33) in Article 225, points (e) and (f) are deleted;
(34) in Article 229, the following paragraph is added:
‘4. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.’;
(35) Annexes I, II, IV, VII and X are amended in accordance with Annex I to this Regulation;
(36) the text set out in Annex II to this Regulation is inserted as Annex Ia;
(37) Annex V is deleted.
Article 2 - Transitional provisions
Article 3 - Entry into force and application
Article 1, points (19) and (27), shall apply from [1 January of the year after the date of entry into force of this Regulation].
Article 1, point (31), and Annex I, point (4), shall apply from [12 months after the date of entry into force of this Regulation].
Annex I, point (5), shall apply from [1 October of the year after the date of entry into force of this Regulation].
Article 1, points (2), (3), (7) (10), (16), (18), (29), (30), (32) and (37), shall apply from [1 January 2028][date and point (9) dependant on the date of application of Regulation (EU) […] establishing the National and Regional Partnership Fund for the period 2028-2034].
This Regulation shall be binding in its entirety and directly applicable in all Member States.