Council Regulation (EC) No 1234/2007 (repealed)Dangos y teitl llawn

TITLE II U.K. RULES CONCERNING MARKETING AND PRODUCTION

CHAPTER I U.K. Marketing standards and conditions for the production

Section I U.K. Marketing standards

Article 113 U.K. Marketing standards

1. Provision may be made by the Commission for marketing standards for one or more of the products of the following sectors:

(a) olive oil and table olives in respect of the products referred to in point (a) of Part VII of Annex I;

(b) bananas;

(c) live plants.

2. The standards referred to in paragraph 1:

(a) shall be established taking into account, in particular:

(i)

the specificities of the products concerned;

(ii)

the need to ensure the conditions for a smooth disposal of those products on the market;

(iii)

the interest of consumers to receive adequate and transparent product information;

(iv)

as concerns the olive oils referred to in point (a) of Part VII of Annex I, changes in the methods used for determining their physical, chemical and organoleptic characteristics;

(b) may in particular relate to quality, grading, weight, sizing, packaging, wrapping, storage, transport, presentation, origin and labelling.

3. Save as otherwise provided for by the Commission in accordance with the criteria referred to in point (a) of paragraph 2, the products for which marketing standards have been laid down may be marketed in the Community only in accordance with such standards.

Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 194, Member States shall check whether those products conform to those standards and shall apply penalties as appropriate.

Article 114 U.K. Marketing standards for milk and milk products

1. Foodstuffs intended for human consumption may be marketed as milk and milk products only if they comply with the definitions and designations laid down in Annex XII.

2. Without prejudice to exemptions provided for in Community law and to measures for the protection of public health, milk falling within CN code 0401 intended for human consumption may only be marketed within the Community in accordance with Annex XIII and, in particular, with the definitions set out in point I thereof.

Article 115 U.K. Marketing standards for fats

Without prejudice to Article 114(1) or to any provisions adopted in the veterinary and foodstuffs sectors to ensure that products comply with hygiene and health standards and to protect animal and human health, the standards laid down in Annex XV shall apply to the following products having a fat content of at least 10 % but less than 90 % by weight, intended for human consumption:

(a)

milk fats falling within CN codes 0405 and ex 2106;

(b)

fats falling within CN code ex 1517;

(c)

fats composed of plant and/or animal products falling within CN codes ex ex 1517 and ex 2106.

The fat content excluding salt shall be at least two-thirds of the dry matter.

However, those standards shall only apply to products which remain solid at a temperature of 20 ^oC, and which are suitable for use as spreads.

Article 116 U.K. Marketing standards for products of the eggs and poultrymeat sectors

Products of the eggs and poultrymeat sectors shall be marketed in accordance with the provisions set out in Annex XIV.

Article 117 U.K. Certification for hops

1. Products of the hops sector, harvested or prepared within the Community, shall be subject to a certification procedure.

2. 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.

3. The certificates shall indicate at least:

(a) the place(s) of production of the hops;

(b) the year(s) of harvesting;

(c) the variety or varieties.

4. Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued.

In the case of imported products of the hops sector, the attestation provided for in Article 158(2) shall be deemed to be equivalent to the certificate.

5. Measures derogating from paragraph 4 may be adopted by the Commission:

(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:

(a) not prejudice the normal marketing of products for which the certificate has been issued;

(b) be accompanied by guarantees intended to avoid any confusion with those products.

Article 118 U.K. Marketing standards for olive oils and olive-pomace oils

1. The use of the descriptions and definitions of olive oils and olive-pomace oils set out in Annex XVI shall be compulsory as regards the marketing of the products concerned within the Community and, insofar as compatible with international compulsory rules, in trade with third countries.

2. Only oils referred to in points 1(a) and (b), 3 and 6 of Annex XVI may be marketed at the retail stage.

Section II U.K. Conditions for production

Article 119 U.K. Use of casein and caseinates in the manufacture of cheese

The use of casein and caseinates in the manufacture of cheese shall be subject to prior authorisation which shall be granted only if such use is a necessary condition for the manufacture of the products.

Article 120 U.K. Method of production of agricultural ethyl alcohol

The method of production and the characteristics of agricultural ethyl alcohol obtained from a specific agricultural product listed in Annex I to the Treaty may be laid down by the Commission.

Section III U.K. Procedural rules

Article 121 U.K. Adoption of standards, implementing rules and derogations

The Commission shall establish the detailed rules for the application of this Chapter, which may in particular relate to:

(a)

marketing standards referred to in Article 113 including rules on derogations from the standards, on presentation of particulars required by the standards and on the application of the standards to products imported into the Community and products exported from the Community;

(b)

as regards the definitions and designations that may be used in the marketing of milk and milk products in accordance with Article 114(1):

(i)

drawing up and, where necessary, supplementing the list of the products referred to in the second subparagraph of point III(1) of Annex XII, on the basis of the lists sent to it by the Member States;

(ii)

making additions, where necessary, to the list of designations given in point (a) of the second subparagraph of point II(2) of Annex XII;

(c)

as regards the standards for spreadable fats referred to in Article 115:

(i)

a list of the products referred to in point (a) of the third subparagraph of point I(2) of Annex XV, on the basis of the lists sent to the Commission by the Member States;

(ii)

the methods of analysis needed to check the composition and manufacturing characteristics of the products referred to in Article 115;

(iii)

detailed rules for the taking of samples;

(iv)

detailed rules for obtaining statistical information on the markets in the products referred to in Article 115;

(d)

as regards the provisions concerning the marketing of eggs set out in Part A of Annex XIV:

(i)

definitions;

(ii)

the frequency of collection, delivery, preservation and handling of eggs;

(iii)

quality criteria, in particular the appearance of the shell, the consistency of the white and the yolk and the height of the air space;

(iv)

weight grading, including exceptions;

(v)

marking of eggs and indications on packs, including exceptions and including the rules to be applied in relation to packing centres;

(vi)

trade with third countries;

(vii)

farming methods;

(e)

as regards the provisions concerning the marketing of poultrymeat set out in Part B of Annex XIV:

(i)

definitions;

(ii)

the list of poultry carcasses, parts of such carcasses and offals, including foie gras, to which Part B of Annex XIV shall apply;

(iii)

the criteria for classification within the meaning of point III(1) of Part B of Annex XIV;

(iv)

the rules concerning further indications to be shown on accompanying commercial documents, the labelling, presentation and advertising of poultrymeat intended for the final consumer and the name under which the product is sold within the meaning of point (1) of Article 3(1) of Directive 2000/13/EC;

(v)

optional indications of the method of the chilling used and of the type of farming;

(vi)

derogations that may be applied in case of deliveries to cutting or processing establishments;

(vii)

the rules to be applied as regards the percentages of water absorption during the preparation of fresh, frozen and quick-frozen carcasses and cuts thereof as well as the indications to be made in that respect;

(f)

as regards the provisions concerning the standards for the production and marketing of eggs for hatching and of farmyard poultry chicks set out in Part C of Annex XIV:

(i)

definitions;

(ii)

the registration of establishments producing or marketing eggs for hatching or farmyard poultry chicks;

(iii)

indications to be made on eggs for hatching, including those to be imported from or to be exported to third countries, and on the packings, as well as the rules to be applied in respect of chicks originating in third countries;

(iv)

registers to be kept by hatcheries;

(v)

the use, other than for human consumption, that may be made of incubated eggs withdrawn from the incubator;

(vi)

communications from hatcheries and other establishments to the competent authorities of the Member States;

(vii)

accompanying documents;

(g)

the minimum quality characteristics for products of the hops sector referred to in Article 117;

(h)

the methods of analysis to be used, where applicable;

(i)

as regards the use of casein and caseinates referred to in Article 119:

(i)

the conditions according to which the Member States shall grant the authorisations and the maximum percentages to be incorporated, on the basis of objective criteria having regard to what is technologically necessary;

(ii)

the obligations to be respected by the undertakings authorised in accordance with point (i).

CHAPTER II U.K. Producer organisations, interbranch organisations, operator organisations

Section I U.K. General principles

Article 122 U.K. Producer organisations

Member States shall recognise producer organisations, which:

(a)

are constituted by producers of one of the following sectors:

(i)

the hops sector,

(ii)

the olive oil and table olives sector,

(iii)

the silkworm sector;

(b)

are formed on the initiative of the producers;

(c)

pursue a specific aim, which may in particular relate to:

(i)

concentrating supply and marketing the produce of the members;

(ii)

adapting production jointly to the requirements of the market and improving the product;

(iii)

promoting the rationalisation and mechanisation of production;

Article 123 U.K. Interbranch organisations

Member States shall recognise interbranch organisations which:

(a)

are made up of representatives of economic activities linked to the production of, trade in, and/or processing of products in the following sectors:

(i)

the olive oil and table olives sector;

(ii)

the tobacco sector;

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

(c)

pursue a specific aim, which may, in particular relate to:

(i)

concentrating and coordinating supply and marketing of the produce of the members;

(ii)

adapting production and processing jointly to the requirements of the market and improving the product;

(iii)

promoting the rationalisation and improvement of production and processing;

(iv)

carrying out research into sustainable production methods and market developments.

Where interbranch organisations carry out their activities in the territories of several Member States, recognition shall be granted by the Commission without the assistance of the Committee referred to in Article 195(1).

Article 124 U.K. Common provisions concerning producer and interbranch organisations

1. Article 122 and the first paragraph of Article 123 shall apply without prejudice to the recognition, decided by Member States on the basis of national law and in compliance with Community law, of producer organisations or interbranch organisations respectively, in any sector referred to in Article 1 except for the sectors referred to in Article 122 and the first paragraph of Article 123.

2. Producer organisations recognised or approved in accordance with Regulations (EC) No 865/2004, (EC) No 1952/2005 and (EC) No 1544/2006 shall be considered as recognised producer organisations under Article 122 of this Regulation.

Interbranch organisations recognised or approved in accordance with Regulations (EEC) 2077/92 and (EC) No 865/2004 shall be considered recognised interbranch organisations under Article 123 of this Regulation.

Article 125 U.K. Operator organisations

For the purposes of this Regulation, operator organisations shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators in the olive oil and table olives sector or their associations.

Section II U.K. Rules concerning interbranch organisations in the tobacco sector

Article 126 U.K. Payment of subscription by non-members

1. Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or the Commission, without the assistance of the Committee referred to in Article 195(1), where recognition has been granted by the Commission, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question.

2. The activities referred to in paragraph 1 shall relate to one of the following objectives:

(a) research to add value to the products, in particular through new uses which do not pose a threat to public health;

(b) studies to improve the quality of leaf or baled tobacco;

(c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.

3. The Member States concerned shall notify the Commission of decisions which they intend to take under paragraph 1. Such decisions may not apply before the expiry of a three month period starting from the date of notification to the Commission. Within that three month period the Commission may call for the rejection of all or part of the draft decision if the general economic interest put forward does not appear to be well founded.

4. Where the activities of an interbranch organisation recognised by the Commission in accordance with this Chapter are in the general economic interest, the Commission shall notify its draft decision to the Member States concerned, who shall then have two months to make their comments.

Section III U.K. Procedural rules

Article 127 U.K. Implementing rules

The Commission shall adopt the detailed rules for the application of this Chapter, in particular the conditions and procedures for the recognition of producer, interbranch and operator organisations in individual sectors, including:

(a)

the specific aims to be pursued by such organisations;

(b)

the rules of association of such organisations;

(c)

the activities of such organisations;

(d)

derogations from the requirements laid down in Articles 122, 123 and 125;

(e)

as the case may be, any effects deriving from the recognition as an interbranch organisation.