EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Document 02007R1580-20110601

Consolidated text: Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector

ELI: http://data.europa.eu/eli/reg/2007/1580/2011-06-01

2007R1580 — EN — 01.06.2011 — 016.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B

COMMISSION REGULATION (EC) No 1580/2007

of 21 December 2007

laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector

(OJ L 350, 31.12.2007, p.1)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EC) No 292/2008 of 1 April 2008

  L 90

3

2.4.2008

 M2

COMMISSION REGULATION (EC) No 352/2008 of 18 April 2008

  L 109

9

19.4.2008

 M3

COMMISSION REGULATION (EC) No 498/2008 of 4 June 2008

  L 146

7

5.6.2008

►M4

COMMISSION REGULATION (EC) No 514/2008 of 9 June 2008

  L 150

7

10.6.2008

►M5

COMMISSION REGULATION (EC) No 590/2008 of 23 June 2008

  L 163

24

24.6.2008

 M6

COMMISSION REGULATION (EC) No 853/2008 of 18 August 2008

  L 232

3

30.8.2008

 M7

COMMISSION REGULATION (EC) No 1050/2008 of 24 October 2008

  L 282

10

25.10.2008

►M8

COMMISSION REGULATION (EC) No 1221/2008 of 5 December 2008

  L 336

1

13.12.2008

 M9

COMMISSION REGULATION (EC) No 1277/2008 of 17 December 2008

  L 339

76

18.12.2008

►M10

COMMISSION REGULATION (EC) No 1327/2008 of 19 December 2008

  L 345

24

23.12.2008

 M11

COMMISSION REGULATION (EC) No 313/2009 of 16 April 2009

  L 98

24

17.4.2009

 M12

COMMISSION REGULATION (EC) No 434/2009 of 26 May 2009

  L 128

10

27.5.2009

►M13

COMMISSION REGULATION (EC) No 441/2009 of 27 May 2009

  L 129

10

28.5.2009

 M14

COMMISSION REGULATION (EC) No 635/2009 of 14 July 2009

  L 191

3

23.7.2009

►M15

COMMISSION REGULATION (EC) No 771/2009 of 25 August 2009

  L 223

3

26.8.2009

 M16

COMMISSION REGULATION (EC) No 772/2009 of 25 August 2009

  L 223

20

26.8.2009

 M17

COMMISSION REGULATION (EC) No 1031/2009 of 29 October 2009

  L 283

47

30.10.2009

 M18

COMMISSION REGULATION (EU) No 1256/2009 of 15 December 2009

  L 338

20

19.12.2009

►M19

COMMISSION REGULATION (EU) No 74/2010 of 26 January 2010

  L 23

28

27.1.2010

 M20

COMMISSION REGULATION (EU) No 331/2010 of 22 April 2010

  L 102

8

23.4.2010

 M21

COMMISSION REGULATION (EU) No 460/2010 of 27 May 2010

  L 129

50

28.5.2010

 M22

COMMISSION REGULATION (EU) No 680/2010 of 29 July 2010

  L 198

5

30.7.2010

►M23

COMMISSION REGULATION (EU) No 687/2010 of 30 July 2010

  L 199

12

31.7.2010

 M24

COMMISSION REGULATION (EU) No 816/2010 of 16 September 2010

  L 245

14

17.9.2010

 M25

COMMISSION REGULATION (EU) No 905/2010 of 11 October 2010

  L 268

19

12.10.2010

 M26

COMMISSION REGULATION (EU) No 1154/2010 of 8 December 2010

  L 324

40

9.12.2010

 M27

COMMISSION IMPLEMENTING REGULATION (EU) No 413/2011 of 28 April 2011

  L 110

14

29.4.2011

►M28

COMMISSION IMPLEMENTING REGULATION (EU) No 529/2011 of 30 May 2011

  L 143

12

31.5.2011


Corrected by:

►C1

Corrigendum, OJ L 036, 5.2.2009, p. 84  (1221/2008)




▼B

COMMISSION REGULATION (EC) No 1580/2007

of 21 December 2007

laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector



THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables ( 1 ), and in particular Article 1(3) thereof,

Having regard to Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products ( 2 ), and in particular Article 1(3) thereof,

Having regard to Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 ( 3 ), and in particular Article 42 thereof,

Whereas:

(1)

Regulation (EC) No 1182/2007 has modified the previous regime for the fruit and vegetables sector as laid down in Regulation (EC) No 2200/96, Regulation (EC) No 2201/96 and Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits ( 4 ).

(2)

The existing implementing rules covering the fruit and vegetables sector are contained in a large number of regulations, many of which have been amended many times. Those implementing rules need to be changed as a result of the modifications made to the fruit and vegetables regime by Regulation (EC) No 1182/2007, as well as in the light of experience. The scope of the changes makes it necessary, in the interests of clarity, to incorporate all the implementing rules in a new, separate Regulation.

(3)

The following Commission Regulations should therefore be repealed:

 Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables ( 5 ),

 Regulation (EC) No 1555/96 of 30 July 1996 on rules of application for additional import duties on fruit and vegetables ( 6 ),

 Regulation (EC) No 961/1999 of 6 May 1999 laying down detailed implementing rules concerning the extension of rules issued by producer organisations in the fruit and vegetable sector ( 7 ),

 Regulation (EC) No 544/2001 of 20 March 2001 laying down rules for the application of Council Regulation (EC) No 2200/96 as regards additional financial assistance to operational funds ( 8 ),

 Regulation (EC) No 1148/2001 of 12 June 2001 on checks on conformity to the marketing standards applicable to fresh fruit and vegetables ( 9 ),

 Regulation (EC) No 2590/2001 of 21 December 2001 approving operations to checks conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Switzerland prior to import into the European Community ( 10 ),

 Regulation (EC) No 1791/2002 of 9 October 2002 approving operations to check conformity with the marketing standards applicable to fresh fruit and vegetables carried out in Morocco prior to import into the European Community ( 11 ),

 Regulation (EC) No 2103/2002 of 28 November 2002 approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in South Africa prior to import into the European Community ( 12 ),

 Regulation (EC) No 48/2003 of 10 January 2003 laying down the rules applicable to mixes of different types of fresh fruit and vegetables in the same sales package ( 13 ),

 Regulation (EC) No 606/2003 of 2 April 2003 approving operations to check conformity with the marketing standards applicable to fresh fruit and vegetables carried out in Israel prior to import into the Community ( 14 ),

 Regulation (EC) No 761/2003 of 30 April 2003 approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in India prior to import into the Community ( 15 ),

 Regulation (EC) No 1432/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 regarding the conditions for recognition of producer organisations and preliminary recognition of producer groups ( 16 ),

 Regulation (EC) No 1433/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial assistance ( 17 ),

 Regulation (EC) No 1943/2003 of 3 November 2003 laying down rules for the application of Council Regulation (EC) No 2200/96 as regards aid to producer groups granted preliminary recognition ( 18 ),

 Regulation (EC) No 103/2004 of 21 January 2004 laying down detailed rules for implementing Council Regulation (EC) No 2200/96 as regards intervention arrangements and market withdrawals in the fruit and vegetable sector ( 19 ),

 Regulation (EC) No 1557/2004 of 1 September 2004 approving operations to check conformity to the marketing standards applicable to certain fresh fruit carried out in New Zealand prior to import into the Community ( 20 ),

 Regulation (EC) No 179/2006 of 1 February 2006 introducing a system of import licences for apples imported from third countries ( 21 ),

 Regulation (EC) No 430/2006 of 15 March 2006 approving operations to check conformity with the marketing standards applicable to fresh fruit and vegetables carried out in Senegal prior to import into the Community ( 22 ),

 Regulation (EC) No 431/2006 of 15 March 2006 approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Kenya prior to import into the Community ( 23 ),

 Regulation (EC) No 1790/2006 of 5 December 2006 approving operations to check conformity to the marketing standards applicable to fresh fruit and vegetables carried out in Turkey prior to import into the Community ( 24 ).

(4)

Detailed rules for the implementation of Regulation (EC) No 1182/2007 should be adopted.

(5)

Marketing years should be set for fruit and vegetable products. Since there are no longer any aid schemes in the sector which follow the harvesting cycle of the products concerned, all marketing years may be harmonised to fit the calendar year.

(6)

Regulation (EC) No 1182/2007 authorises the Commission to provide for marketing standards for fruit and vegetable products and its Article 2(7) provides that the existing individual regulations providing for such standards should continue to apply until new standards are adopted.

(7)

Exceptions and exemptions from the application of marketing standards should be provided in the case of certain operations which are either very marginal and/or specific, or take place at the start of the distribution chain, or in the case of products intended for processing.

(8)

The information particulars required by marketing standards should be clearly displayed on the packaging/label.

(9)

Packages containing different types of fresh fruit and vegetables are becoming more common on the market in response to demand from certain consumers. Fair trading requires that fresh fruit and vegetables sold in the same package are of uniform quality. For products for which Community standards have not been adopted this can be ensured by recourse to general provisions. Labelling requirements should be laid down for mixes of different types of fruit and vegetables in the same package. They should be less strict than those laid down by the marketing standards in order to take into account, in particular, the space available on the label.

(10)

Each Member State should designate the inspection bodies responsible for carrying out checks on conformity at each stage of marketing. One of those bodies should be responsible for contacts and coordination between all other designated bodies.

(11)

Since knowledge of traders and their main characteristics is an indispensable tool in Member States’ analysis, it is essential to set up a database on traders of fresh fruit and vegetables in each Member State.

(12)

Conformity checks should be carried out by sampling and should concentrate on traders most likely to have goods which do not comply with the standards. Taking into account the characteristics of their national markets, Member States should lay down rules prioritising checks on particular categories of traders. To ensure transparency, these rules should be notified to the Commission.

(13)

Member States should ensure that exports of fresh fruits and vegetables to third countries conform to the marketing standards and should certify conformity, in accordance with the Geneva Protocol on standardisation of fresh fruit and vegetables and dry and dried fruit concluded within the United Nations Economical Commission for Europe and the OECD scheme for the application of international standards for fruit and vegetables.

(14)

Imports of fresh fruit and vegetables from third countries should conform to the marketing standards or to standards equivalent to them. Checks on conformity must therefore be carried out before these goods enter Community customs territory, except in the case of small lots which the inspection authorities/bodies consider to be low risk. In certain third countries which provide satisfactory guarantees of conformity, pre-export checks may be carried out by the inspection bodies of these third countries. Where this option is applied, the Member States should regularly verify the effectiveness/quality of the pre-export checks carried out by third country inspection bodies and inform the Commission of the results of these verifications.

(15)

Products intended for processing are not required to conform to marketing standards, so it should be ensured that they are not sold on the market for fresh products. Such products should be appropriately labelled and, in certain cases/when possible, accompanied by a processing certificate stating the end-use of the product which would allow checks to be made.

(16)

Fruit and vegetables checked for conformity with the marketing standards should be subject to the same type of check at all stages of marketing. The inspection guidelines recommended by the United Nations Economic Commission for Europe in line with the relevant OECD recommendations, should be applied to this end. Specific arrangements should however be laid down for checks at the retail sale stage.

(17)

Provision should be made for recognition of producer organisations for the products they request. Where the recognition is requested for products solely for processing, it should be ensured that they are indeed delivered for processing.

(18)

In order to help achieve the goals of the fruit and vegetables regime and to ensure that producer organisations carry out their work in a sustainable and effective way, there should be the utmost stability within producer organisations. Membership of a producer in the producer organisation should therefore be for a minimum period. It should be left up to the Member States to lay down the notice periods and the dates on which resignation from membership are to take effect.

(19)

The main and essential activities of a producer organisation should relate to the concentration of supply and marketing. However, producer organisations should be allowed to engage in other activities, whether or not of a commercial nature. Cooperation between producer organisations should be encouraged by allowing the marketing of fruit and vegetables bought exclusively from another recognised producer organisation to be left out of the calculations both for the purposes of the main activity and for other activities. As regards the provision of technical means it is appropriate to widen the scope of how this may be done to include provision via members of a producer organisation.

(20)

Producer organisations may hold shares in subsidiaries which help to increase the added value of the production of their members. Rules should be fixed for calculating the value of such marketed production. The main activities of such subsidiaries should be the same as those of the producer organisation, after allowing for a transitional period for adaptation.

(21)

Detailed rules should be laid down on the recognition and functioning of the associations of producer organisations, transnational producer organisations and transnational associations of producer organisations provided for in Regulation (EC) No 1182/2007. For the sake of consistency, they should as far as possible reflect the rules laid down for producer organisations.

(22)

In order to facilitate the concentration of supply, the merger of existing producer organisations to form new ones should be encouraged by providing rules for the merger of operational programmes of the merged organisations.

(23)

While respecting the principles whereby a producer organisation must be formed on the own initiative of producers and scrutinised by the producers, it should be left up to the Member States to lay down the conditions whereby other natural or legal persons are accepted as members of a producer organisation and/or an association of producer organisations.

(24)

In order to ensure that producer organisations genuinely represent a minimum number of producers, Member States should take measures to ensure that a minority of members who may account for the bulk of production in the producer organisation do not unduly dominate its management and operation.

(25)

In order to take account of different production and marketing circumstances in the Community, the Member States should lay down certain conditions for the grant of preliminary recognition to producer groups which submit a recognition plan.

(26)

To promote the setting-up of stable producer organisations capable of making a lasting contribution to the attainment of the objectives of the fruit and vegetable regime, preliminary recognition should be granted only to producer groups which can demonstrate their ability to meet all the requirements for recognition within a specified time limit.

(27)

Information which the producer groups must provide in the recognition plan should be laid down. To enable producer groups to better meet the recognition conditions, there is a need to authorise changes to recognition plans. To that end, provision should be made enabling Member States to request from producer organisation to take corrective action in order to ensure that their plan is implemented.

(28)

The producer group may satisfy the conditions for recognition before the recognition plan is completed. Provision should be made to allow such groups to submit applications for recognition along with draft operational programmes. For the sake of consistency, the grant of such recognition to a producer group must signify the termination of its recognition plan, and the aid provided for should be discontinued. However, to take account of the multiannual financing of investments, investments qualifying for investment aid should be able to be carried over to operational programmes.

(29)

To facilitate the correct application of the system of aid to cover the costs of formation and administrative operation of producer groups, that aid should be granted at a flat-rate. That flat-rate aid should be subject to a ceiling in order to comply with budgetary constraints. Moreover, taking into account the differing financial needs of producer groups of different sizes, that ceiling should be adjusted in line with the value of marketable production of the producer groups.

(30)

For the sake of consistency and a smooth transition to the status of a recognised producer group, the same rules on main activities of producer organisations and their value of marketed production should apply to producer groups.

(31)

In the event of mergers, the possibility should be given for the aid to be granted to the producer groups resulting from the merger, in order to take into account the financial needs of the new producers groups and to ensure the correct application of the aid scheme.

(32)

To facilitate the use of the scheme of support to operational programmes, the marketed production of producer organisations should be clearly defined, including the specification of which products may be taken into account and the marketing stage at which the value of production is to be calculated. Additional methods of calculation of marketable production should also be made possible in case of yearly fluctuations or insufficient data. To prevent misuse of the scheme, producer organisations should not in general be permitted to change reference periods within the duration of a programme.

(33)

To ensure correct use of aid, rules should be laid down for the management of operational funds and members’ financial contributions, allowing for as much flexibility a possible on condition that all producers may take advantage of the operational fund and may democratically participate in decisions on its use.

(34)

Provisions should be laid down establishing the scope and structure of the national strategy for sustainable operational programmes and the national framework for environmental actions. Its aim shall be to optimise the allocation of financial resources and to improve the quality of the strategy.

(35)

In the interests of sound management, procedures for the presentation and approval of operational programmes, including deadlines, should be laid down in order to allow appropriate evaluation of the information by the competent authorities, and measures and activities to be included in, or excluded from, the programmes. Since the programmes are managed on an annual basis, it should be provided that programmes not approved before a given date are postponed for a year.

(36)

There should be a procedure for annually amending operational programmes for the following year, so that they can be adjusted to take account of any new conditions which could not have been foreseen when they were initially presented. In addition, it should be possible for measures and amounts of the operational fund to be changed during each year of execution of a programme. All such changes should be subject to certain limits and conditions, to be defined by Member States and including obligatory notification of changes to the competent authorities, to ensure the approved programmes maintain their overall objectives.

(37)

For reasons of financial security and legal certainty, a list of operations and expenditure which may not be covered by operational programmes should be drawn up.

(38)

In the case of investments on individual holdings, so as to prevent the unjustified enrichment of a private party who has severed links with the organisation during the useful life of the investment, provisions should be laid down to allow the organisation to recover the residual value of the investment, whether such an investment is owned by a member or by the organisation.

(39)

To ensure correct application of the scheme, information to be included in the applications for aid as well as procedures for the payment of aid should be laid down. To prevent cash-flow difficulties, a system of advance payments accompanied by appropriate securities should be available to producer organisations. For similar reasons, an alternative system should be available for the reimbursement of expenditure already incurred.

(40)

Detailed provisions on the scope and application of crisis management and prevention measures should be laid down. As far as possible these rules should provide for flexibility and for rapid application in crises and therefore should allow decisions to be taken by Member States and producer organisations themselves. Nevertheless the rules should prevent abuses and provide for limits on the use of certain measures, including in financial terms. They should also ensure that phytosanitary and environmental requirements are duly respected.

(41)

As regards withdrawals from the market, detailed rules should be adopted taking into account the potential importance of that measure. In particular, rules should be drawn up concerning the system of increased support for fruit and vegetables withdrawn from the market which are distributed free of charge as humanitarian aid by charitable organisations and certain other establishments and institutions. In addition, maximum levels of support for market withdrawals should be fixed in order to ensure that they do not become a permanent alternative outlet for products compared to placing them on the market. In this context, for those products for which maximum levels of Community withdrawal compensation were set in Annex V to Regulation (EC) No 2200/96, it is appropriate to continue using such levels, subject to a certain degree of increase to reflect the fact that these withdrawals are now co-financed. For other products, where experience has not yet shown any risk of excessive withdrawals, it is appropriate to allow Member States to fix maximum levels of support. In all cases, however, for similar reasons, it is appropriate to set a quantitative limit of withdrawals per product per producer organisation.

(42)

Detailed rules should be adopted concerning the national financial assistance which Member States may grant in regions of the Community where the degree of organisation of producers is particularly low, including defining such low degree of organisations. Procedures for the approval of such national aid as well as for the approval and amount of Community reimbursement of the aid should be provided for, as well as for proportion of reimbursement which should reflect those currently applicable.

(43)

Detailed rules, in particular procedural provisions, should be adopted concerning the conditions under which the rules issued by producer organisations or associations of such organisations in the fruit and vegetables sector may be extended to all producers established in a specific economic area. Also, where produce is sold on the tree, it should be made clear which rules are to be extended to the producers and the buyers respectively.

(44)

Apple producers in the Community have recently found themselves in a difficult situation, due, among other things, to a significant increase in imports of apples from certain third countries of the Southern hemisphere. The monitoring of the import of apples should therefore be improved. The appropriate instrument for achieving that objective is a mechanism based on issuing import licences subject to the provision of a security to ensure that the operations for which an import licence has been applied for are actually performed. Commission Regulations (EC) No 1291/2000 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products ( 25 ) and (EEC) No 2220/85 laying down common detailed rules for the application of the system of securities for agricultural products ( 26 ) should apply.

(45)

Detailed rules should be adopted concerning the entry price system for fruit and vegetables. Since most of the perishable fruit and vegetables concerned are supplied on consignment, this creates special difficulties for determining their value. The possible methods for calculation of the entry price on the basis of which imported products are classified in the Common Customs Tariff should be set. In particular, standard import values should be established on the basis of the weighted average of the average prices for the products and special provision must be made for cases in which no prices are available for products of a given origin. There should be provision for the lodging of a security in certain circumstances to ensure that the system is correctly applied.

(46)

Detailed rules should be adopted concerning the import duty which can be imposed on certain products in addition to that provided for in the Common Customs Tariff. The additional duty may be imposed if import volumes of the products concerned exceed trigger levels determined for the product and the period of application. Goods en route to the Community are exempt from additional duty and, therefore, specific provisions for such goods should be adopted.

(47)

Provision should be made for appropriate monitoring and evaluation of ongoing programmes and schemes in order to assess their effectiveness and efficiency by both producer organisations and Member States.

(48)

Measures/provisions should be laid down concerning the type, format and means of communications necessary to implement this Regulation. These should include communications from producers and producer organisations to the Member States and from the Member States to the Commission, as well as the consequences resulting from late or inaccurate communications.

(49)

Measures should be laid down for the checks necessary in order to ensure to proper application of this Regulation and Regulation (EC) No 1182/2007, and the appropriate sanctions applicable to irregularities found. Those measures should involve both specific checks and sanctions laid down at the Community level as well as additional national checks and sanctions. The checks and sanctions should be dissuasive, effective and proportionate. Rules should be provided for resolving cases of obvious error, force majeure and other exceptional circumstances to ensure fair treatment of producers. Rules for artificially created situations should be provided for in order to avoid any benefit being derived from such situations.

(50)

Provisions should be made for a smooth transition from the previous system to the new system set out in this Regulation and the implementation of the transitional provisions set out in Article 55 of Regulation (EC) No 1182/2007.

(51)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:



TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope and use of terms

1.  This Regulation lays down implementing rules for Regulation (EC) No 2200/96, Regulation (EC) No 2201/96 and Regulation (EC) No 1182/2007.

2.  Terms used in Regulations referred to in paragraph 1 shall have the same meaning when used in this Regulation unless this Regulation provides otherwise.

Article 2

Marketing years

The marketing years for the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96 shall run from 1 January to 31 December.



TITLE II

CLASSIFICATION OF PRODUCTS



CHAPTER I

General rules

▼M8

Article 2a

Marketing standards; holders

1.  The requirements of Article 113a(1) of Regulation (EC) No 1234/2007 shall be known as the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.

Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show they are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), the product shall be considered as conforming to the general marketing standard.

2.  The specific marketing standards referred to in Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 are set out in Part B of Annex I to this Regulation as regards the following products:

(a) apples,

(b) citrus fruit,

(c) kiwifruit,

(d) lettuces, curled leaved and broad-leaved endives,

(e) peaches and nectarines,

(f) pears,

(g) strawberries,

(h) sweet peppers,

(i) table grapes,

(j) tomatoes.

3.  For the purposes of Article 113a(3) of Regulation (EC) No 1234/2007, a holder shall be any natural or legal person physically in possession of the products concerned.

▼B

Article 3

Exceptions and exemptions from the application of marketing standards

 

By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following shall not be required to conform to the marketing standards:

(a) provided they are clearly marked with the words ‘intended for processing’ or ‘for animal feed’ or any other equivalent wording, products:

(i) intended for industrial processing, or

(ii) intended for animal feed or other non-food use;

 ◄

(b) products transferred by the producer on his holding to consumers for their personal use; and

(c) on a Commission Decision taken at the request of a Member State using the procedure referred to in Article 46 of Regulation (EC) No 2200/1996 for products of a given region which are sold by the retail trade of the region for well established traditional local consumption; and

▼M8

(d) products having undergone a trimming or cutting making them ‘ready to eat’ or ‘kitchen ready’.

▼B

 

By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following shall not be required to conform to the marketing standards within a given production area:

 ◄

(a) products sold or delivered by the grower to preparation and packaging stations or storage facilities, or shipped from his holding to such stations; and

(b) products shipped from storage facilities to preparation and packaging stations.

▼M8

3.  By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, Member States may exempt from the specific marketing standards products presented for retail sale to consumers for their personal use and labelled ‘product intended for processing’ or with any other equivalent wording and intended for processing other than those referred to in point (a)(i) of paragraph 1.

▼M8

3a.  By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007 as regards the specific marketing standards, fresh fruit and vegetables not in Extra Class, at stages following dispatch, may show a slight lack of freshness and turgidity and slight deterioration due to their development and their tendency to perish.

3b.  By way of derogation from Article 113a(3) of Regulation (EC) No 1234/2007, the following products shall not be required to conform to the general marketing standard:

▼M15

(a) non-cultivated mushrooms of CN code 0709 59,

▼M8

(b) capers of CN code 0709 90 40,

(c) bitter almonds of CN code 0802 11 10,

(d) shelled almonds of CN code 0802 12,

(e) shelled hazelnuts of CN code 0802 22,

(f) shelled walnuts of CN code 0802 32,

(g) pine nuts of CN code 0802 90 50, and

(h) saffron of CN code 0910 20.

▼B

4.  Evidence shall be supplied to the competent authority of the Member State that the products covered by paragraphs 1(a) and 2 fulfil the conditions laid down, in particular with regard to their intended use.

Article 4

Information particulars

▼M8

1.  The information particulars required by this Chapter shall be shown legibly and obviously on one side of the packaging, either indelibly printed directly onto the package or on a label which is an integral part of the package or affixed to it.

▼B

2.  For goods shipped in bulk and loaded directly onto a means of transport, the information particulars referred to in paragraph 1 shall be given in a document accompanying the goods or shown on a notice placed in an obvious position inside the means of transport.

▼M8

3.  In the case of distance contracts within the meaning of Article 2(1) of Directive 97/7/EC of the European Parliament and of the Council ( 27 ), conformity with the marketing standards shall require that the information particulars shall be available before the purchase is concluded.

4.  Invoices and accompanying documents, excluding receipts for the consumer, shall indicate the name and the country of origin of the products and, where appropriate, the class, the variety or commercial type if required in a specific marketing standard, or the fact that it is intended for processing.

▼M8

Article 5

Information particulars at the retail stage

At retail stage, the information particulars required by this Chapter shall be legible and conspicuous. Products may be presented for sale provided the retailer displays prominently, adjacent to and legibly the information particulars relating to country of origin and, where appropriate, class and variety or commercial type in such a way as not to mislead the consumer.

For pre-packaged products as referred to in Directive 2000/13/EC of the European Parliament and of the Council ( 28 ), the net weight shall be indicated, in addition to all the information provided for in the marketing standards. However, in the case of products sold by number, the requirement to indicate the net weight shall not apply if the number of items may be clearly seen and easily counted from the outside or, if the number is indicated on the label.

Article 6

Mixes

1.  The marketing of packages of a net weight of 5 kg or less containing mixes of different types of fruit and vegetables shall be allowed, provided that:

(a) the products are of uniform quality and each product concerned complies with the relevant specific marketing standard or, where no specific marketing standard exists for a particular product, the general marketing standard,

(b) the package is appropriately labelled, in accordance with this Chapter, and

(c) the mix is not such as to mislead the consumer.

2.  The requirements of point (a) of paragraph 1 shall not apply to products included in a mix which are not products of the fruit and vegetables sector as defined in Article 1 of Regulation (EC) No 1234/2007.

3.  If the fruit and vegetables in a mix originate in more than one Member State or third country, the full names of the countries of origin may be replaced with one of the following, as appropriate:

(a) ‘mix of EC fruit and vegetables’,

(b) ‘mix of non-EC fruit and vegetables’,

(c) ‘mix of EC and non-EC fruit and vegetables’.

▼B



CHAPTER II

Checks on conformity to marketing standards



Section 1

General provisions

▼M8

Article 7

Scope

This Chapter lays down rules on conformity checks, which shall mean the checks carried out on fruit and vegetables at all marketing stages in accordance with this Chapter, in order to verify that they conform to the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.

▼B

Article 8

Competent bodies

1.  Each Member State shall designate:

(a) a single competent authority responsible for coordination and contacts in the areas covered by this Chapter, hereinafter called ‘the coordinating authority’; and

▼M8

(b) an inspection body or bodies responsible for the application of Article 113a(4) of Regulation (EC) No 1234/2007, hereinafter called ‘the inspection bodies’.

▼M8

The coordinating authorities and inspection bodies referred to in the first subparagraph may be public or private. However the Member States shall be responsible for them in either case.

▼B

2.  The Member States shall communicate to the Commission:

(a) the name and postal and e-mail address of the coordinating authority they have designated pursuant to paragraph 1;

(b) the name and postal and e-mail address of the inspection bodies they have designated pursuant to paragraph 1; and

(c) the exact description of the respective spheres of activity of the inspection bodies they have appointed.

3.  The coordinating authority may be the inspection body or one of the inspection bodies or any other body designated pursuant to paragraph 1.

4.  The Commission shall make publicly available the list of coordinating authorities designated by the Member States in the manner it considers appropriate.

Article 9

Trader database

1.  The Member States shall set up a database on traders in fruit and vegetables, which shall list, under the conditions established in this Article, traders involved in the marketing of fresh fruit and vegetables for which standards have been laid down pursuant to Article 2 of Regulation (EC) No 1182/2007.

▼M8

Member States may use for this purpose any other database or databases already established for other purposes.

‘Trader’ means any natural or legal person:

(a) holding fruit and vegetables subject to marketing standards with a view to:

(i) displaying or offering them for sale,

(ii) selling them, or

(iii) marketing them in any other manner, or

(b) who actually carries out any of the activities referred to in points (i), (ii) and (iii) of point (a) as regards fruit and vegetables subject to marketing standards.

The activities referred to in points (i), (ii) and (iii) of point (a) of the third subparagraph shall cover:

(a) distance selling whether by internet or otherwise,

(b) such activities carried out by the natural or legal person for itself or on behalf of a third party, and

(c) such activities carried out in the Community and/or by export to third countries and/or import from third countries.

▼B

2.  Member States shall determine the conditions under which the following traders are to be included or not in the database:

(a) traders whose activities are exempt from the obligation to comply with the marketing standards pursuant to Article 3; and

▼M8

(b) natural or legal persons whose activities in the fruit and vegetables sector are limited either to the transport of goods, or to the sale at the retail stage.

3.  Where the database is composed of several distinct elements, the coordinating authority shall ensure that the database, its elements and their updating are uniform. The updating shall be done in particular using the information collected during conformity checks.

4.  This database shall contain, for each trader, the registration number, name, address, information needed for its classification in one of the risk categories mentioned in Article 10(2), in particular, position in the marketing chain, information concerning the importance of the firm, information concerning findings made during previous checks of each trader, as well as any other information considered necessary for checks such as information concerning the existence of a quality assurance system or self-check system related to the conformity to the marketing standards. The updating shall be carried out in particular using the information collected during conformity checks.

▼B

5.  Traders shall provide the information that Member States consider necessary to set up and update the database. Member States shall determine the conditions under which traders not established in their territory but trading on it shall be listed in their database.

▼M8



Section 2

Conformity checks carried out by Member States

Article 10

Conformity checks

1.  Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as ensure appropriate compliance with the marketing standards and other provisions of this Title and of Articles 113 and 113a of Regulation (EC) No 1234/2007.

The criteria to assess the risk shall include the existence of a conformity certificate referred in Article 12a issued by a competent authority of a third country whose checks on conformity have been approved according Article 13. The existence of such certificate shall be considered as a factor reducing the risk of non-conformity.

The criteria to assess the risk may also include:

(a) the nature of the product, the period of production, the price of the product, the weather, the packing and handling operations, the storage conditions, the country of origin, the means of transport or the volume of the lot;

(b) the size of the traders, their position in the marketing chain, the volume or value marketed by them, their product range, the delivery area or the type of business carried out such as storage, sorting, packing or sale;

(c) findings made during previous checks including the number and type of defects found, the usual quality of products marketed, the level of technical equipment used;

(d) the reliability of traders quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e) the place where the check is carried out in particular if it is the point of first entry into the Community, or the place where the products are being packed or loaded;

(f) any other information that might indicate a risk of non-compliance.

2.  The risk analysis shall be based on the information contained in the traders' database referred to in Article 9 and shall classify traders in risk categories.

Member States shall lay down in advance:

(a) the criteria for assessing the risk of non-conformity of lots;

(b) on the basis of a risk analysis for each risk category, the minimum proportions of traders or lots and/or quantities which will be subject to a conformity check.

Member States may choose not to carry out selective checks on products not subject to specific marketing standards, based on a risk analysis.

3.  Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to traders, products, origins, or other parameters.

4.  Traders shall provide inspection bodies with all the information those bodies judge necessary for organising and carrying out conformity checks.

Article 11

Approved traders

1.  Member States may authorise traders classified in the lowest risk category and providing special guarantees on conformity to marketing standards to use the specimen in Annex II in the labelling of each package at the stage of dispatch and/or to sign the conformity certificate as referred in Article 12a.

2.  The authorisation shall be granted for a period of at least one year.

3.  Traders benefiting from this possibility shall:

(a) have inspection staff who have received training approved by the Member States;

(b) have suitable equipment for preparing and packing produce;

(c) commit themselves to carry out a conformity check on the goods they dispatch and have a register recording all checks carried out.

4.  Where an authorised trader no longer complies with the requirements for authorisation the Member State shall withdraw the authorisation.

5.  Notwithstanding paragraph 1, authorised traders may continue to use specimens which conformed to this Regulation on 30 June 2009 until stocks are exhausted.

Authorisations granted to traders before 1 July 2009 shall continue to apply for the period for which they were granted.

Article 12

Acceptance of declarations by customs

1.  Customs may only accept export declarations and/or declarations for the release for free circulation for the products subject to specific marketing standards if:

(a) the goods are accompanied by a conformity certificate, or

(b) the competent inspection body has informed the customs authority that the lots concerned have been issued a conformity certificate, or

(c) the competent inspection body has informed the customs authority that it has not issued a conformity certificate for the lots concerned because they do not needed to be checked in the light of the risk assessment referred to in Article 10(1).

This shall be without prejudice to any conformity checks the Member State may carry out pursuant to Article 10

2.  Paragraph 1 shall also apply to products subject to the general marketing standard set out in Annex I and products referred to in Article 3(1)(a) if the Member State concerned considers it necessary in the light of the risk analysis referred to in Article 10(1).

Article 12a

Conformity certificates

1.  Certificates may be issued by a competent authority to confirm that the products concerned conform to the relevant marketing standard. The certificate for use by competent authorities in the Community is set out in Annex III.

The third countries referred to in Article 13(4) may use instead their own certificate provided the Commission considers that it contains at least equivalent information to the Community certificate. The Commission shall make available, by the means it considers appropriate, specimens of such third country certificates.

2.  These certificates may be issued either in paper format with original signature or in verified electronic format with electronic signature.

3.  Each certificate shall be stamped by the competent authority and signed by the person or persons empowered to do so.

4.  The certificate shall be issued in at least one of the official languages of the Community.

5.  Each certificate shall bear a serial number, by which it can be identified, and a copy of each issued certificate will be retained by the competent authority.

6.  Notwithstanding the first subparagraph of paragraph 1, Member States may continue to use conformity certificates which conformed to this Regulation on 30 June 2009 until stocks are exhausted.

▼B



Section 3

Checks performed by third countries

Article 13

Approval of checking operations performed by third countries prior to import into the Community

▼M8

1.  At the request of a third country, the Commission may approve, in accordance with the procedure laid down in Article 195(2) of Regulation (EC) No 1234/2007, checks on conformity to specific marketing standards performed by this third country prior to import into the Community.

▼B

2.  The approval referred to in paragraph 1 may be granted to third countries which so request and on whose territory the Community marketing standards, or at least equivalent standards, are met for products exported to the Community.

The approval shall specify the official authority in the third country under the responsibility of which checking operations referred to in paragraph 1 are performed. This authority shall be responsible for contacts with the Community. The approval also specifies the inspection bodies in charge of the proper checks, hereinafter called ‘third country inspection bodies’.

The approval may only apply to products originating in the third country concerned and may be limited to certain products.

3.  The third country inspection bodies shall be official bodies or officially recognised by the authority referred to in paragraph 2 providing satisfactory guarantees and disposing of the necessary personnel, equipment and facilities to carry out checks according to the methods referred to in Article 20(1) or equivalent methods.

▼M8

4.  The list of countries whose checks on conformity have been approved under this Article, and the products concerned, are set out in Annex IV.

The Commission shall make available, by the means it considers appropriate, details of the official authorities and inspection bodies concerned.

▼M8 —————

▼M8

Article 15

Suspension of approval

The Commission may suspend approval if it is found that, in a significant number of lots and/or quantities, the goods do not correspond to the information in the certificates of conformity issued by the third country inspection bodies.

▼M8 —————

▼B



Section 5

Method of inspection

Article 20

Method of inspection

1.  The conformity checks provided for in this Chapter, with the exception of those at the point of retail sale to the end consumer, shall be carried out in accordance with the methods laid down in Annex VI, save as otherwise provided under this Regulation.

Member States shall lay down specific arrangements for checking conformity at the point of retail sale to the end consumer.

▼M8

2.  Where inspectors find that the goods conform with the marketing standards, the inspection body may issue a conformity certificate as set out in Annex III.

▼B

3.  Where the goods do not conform with the standards, the inspection body shall issue a finding of non-conformity for the attention of the trader or their representatives. Goods for which a finding of non-conformity has been issued may not be moved without the authorisation of the inspection body which issued that finding. This authorisation can be subject to the respect of conditions laid down by the inspection body.

Traders may decide to bring all or some of the goods into conformity. Goods brought into conformity may not be marketed before the competent inspection body has ensured by all appropriate means that the goods have actually been brought into conformity. It shall issue, where applicable, a certificate of conformity as set out in Annex III for the lot or part thereof only once the goods have been brought into conformity.

▼M8

If an inspection body accepts a trader's wish to bring the goods into conformity in a Member State other than that where the check leading to a finding of non-conformity has been carried out, the trader shall notify the competent inspection body of the destination Member State of the non-conforming lot. The Member State issuing the finding of non-conformity shall send a copy of this finding to the other Member States concerned including the Member State of destination of the non-conforming lot.

▼B

Where the goods can neither be brought into conformity nor sent to animal feed, industrial processing or any other non-food use, the inspection body may, if necessary, request traders to take adequate measures in order to ensure that the products concerned are not marketed.

Traders shall supply all information deemed necessary by Member States for the application of this paragraph.

▼M8 —————

▼M8



Section 6

Communications

Article 20a

Communications

1.  A Member State on whose territory a consignment from another Member State is found not to conform with the marketing standards because of defects or deterioration which could have been detected at the time of packaging shall notify forthwith the Commission and the Member States likely to be concerned.

2.  A Member State on whose territory a lot of goods from a third country has been rejected from release into free circulation because of non-compliance with the marketing standards shall notify forthwith the Commission, the Member States likely to be concerned and the third country concerned and listed in Annex IV.

3.  Member States shall communicate to the Commission the provisions of their inspection and risk analysis systems. They shall inform the Commission of any subsequent amendments to that systems.

4.  The Member States shall communicate to the Commission and the Member States the summarised results of the inspections at all marketing stages in a given year by 30 June of the following year.

5.  Communications shall be made by the means specified by the Commission.

▼B



TITLE III

PRODUCER ORGANISATIONS



CHAPTER I

Requirements and recognition



Section 1

Definitions

Article 21

Definitions

1.  For the purposes of this Title:

(a) ‘producer’ means a farmer as referred to in Article 3(1)(a) of Regulation (EC) No 1182/2007;

(b) ‘subsidiary’ means a company in which one or more producer organisations or associations thereof have taken shares and which contributes to the objectives of the producer organisation or the association of producer organisations;

(c) ‘transnational producer organisation’ means any organisation where at least one of the producers’ holdings is located in a Member State other than where the organisation has its head office;

(d) ‘transnational association of producer organisations’ means any association of producer organisations in which at least one of the associated organisations is located in a Member State other than where the association has its head office;

(e) ‘Convergence Objective’ means the objective of the action for the least developed Member States and regions according to the Community legislation governing the European Regional Development Fund, the European Social Fund and the Cohesion Fund for the period from 1 January 2007 to 31 December 2013;

(f) ‘measure’ means one of the following:

(i) actions aimed at planning of production, including acquisition of fixed assets;

(ii) actions aimed at improving or maintaining product quality, including acquisition of fixed assets;

(iii) actions aimed at improving marketing, including acquisition of fixed assets, as well as promotion and communication activities, other than promotion and communication activities falling under point (vi);

(iv) research and experimental production, including acquisition of fixed assets;

(v) training actions, other than training falling under point (vi), and actions aimed at promoting access to advisory services;

(vi) any of the six crisis prevention and management instruments listed in points (a) to (f) of the first subparagraph of Article 9(2) of Regulation (EC) No 1182/2007;

(vii) environmental actions as referred to in Article 9(3) of Regulation (EC) No 1182/2007, including acquisition of fixed assets;

(viii) other actions, including acquisition of fixed assets other than those falling under points (i), (ii), (iii), (iv) and (vii) which fulfil one or more of the objectives referred to in Article 9(1) of Regulation (EC) No 1182/2007.

(g) ‘action’ means a specific activity or instrument aimed at achieving a particular operational objective contributing to one or more of the objectives referred to in Article 9(1) of Regulation (EC) No 1182/2007;

▼M23

(h) ‘by product’ means a product which results from preparation of a fruit or vegetable product which has a positive economic value but is not the main intended result;

(i) ‘preparation’ means preparatory activities such as cleaning, cutting, peeling trimming and drying of fruit and vegetables, without transforming them into processed fruit and vegetables;

▼B

(j) ‘interbranch basis’ as referred to in Article 10(3)(b) of Regulation (EC) No 1182/2007, means one or more of the activities listed in Article 20(c) of Regulation (EC) No 1182/2007 approved by the Member State and managed jointly by a producer organisation or an association of producer organisations and at least one other actor in the food processing and/or distribution chain;

(k) ‘baseline indicator’ means any indicator reflecting a state or trend existing at the start of a programming period which may provide information useful:

(i) in the analysis of the initial situation, in order to establish a national strategy for sustainable operational programmes or an operational programme;

(ii) as a reference against which the results and impact of a national strategy or an operational programme may be assessed; and/or

(iii) in interpreting the results and impact of a national strategy or an operational programme.

2.  Member States shall define the legal entities concerned in their territory for the purposes of Articles 3(1) and 7(1) of Regulation (EC) No 1182/2007 in the light of their national legal and administrative structures. They shall, if appropriate, also lay down provisions on the clear definition of parts of legal entities for the application of those Articles.



Section 2

Requirements applicable to producer organisations

Article 22

Product coverage

1.  Member States shall recognise producer organisations under Article 4 of Regulation (EC) No 1182/2007 in respect of the product or the group of products specified in the application for recognition, subject to any decision taken under Article 4(1)(c) of that Regulation.

2.  Member States shall only recognise producer organisations in respect of products solely intended for processing where they are able to ensure that such products are delivered for processing, whether through a system of supply contracts or otherwise.

Article 23

Minimum number of members

In laying down the minimum number of members of a producer organisation pursuant to Article 4(1)(b) of Regulation (EC) No 1182/2007, Member States may provide that where an applicant for recognition is wholly or partly made up of members which are themselves legal entities or clearly defined parts of legal entities made up of producers, the minimum number of producers may be calculated on the basis of the number of producers associated with each of the legal entities or clearly defined parts of legal entities.

Article 24

Minimum length of membership

1.  The minimum membership period of a producer shall not be less than one year.

2.  Resignation from membership shall be notified to the organisation in writing. The Member States shall lay down the notice periods, which shall not exceed six months, and the dates on which resignation shall take effect.

Article 25

Structures and activities of producer organisations

Member States shall ensure that producer organisations have at their disposal the staff, infrastructure and equipment necessary to fulfil the requirements laid down in Article 3(1) of Regulation (EC) No 1182/2007 and ensure their essential functioning, in particular as regards:

(a) the knowledge of their members’ production;

(b) collecting, sorting, storing and packaging the production of their members;

(c) commercial and budgetary management; and

(d) centralised bookkeeping and a system of invoicing.

Article 26

Value or volume of marketable production

For the purposes of Article 4(1)(b) of Regulation (EC) No 1182/2007, the value or volume of marketable production shall be calculated on the same basis as the value of marketed production set out in Articles 52 and 53 of this Regulation.

Article 27

Provision of technical means

For the purposes of Article 4(1)(e) of Regulation (EC) No 1182/2007, a producer organisation which is recognised for a product for which the provision of technical means is necessary shall be considered to fulfil its obligation where it provides an adequate level of technical means itself or through its members, or through subsidiaries, or by outsourcing.

Article 28

Producer organisations’ main activities

1.  The main activity of a producer organisation shall relate to the concentration of supply and the placing on the market of the products of its members for which it is recognised.

2.  The value of the marketed production of the producer organisation's own members and of members of other producer organisations that it sells, shall be more than the value of all the other marketed production which it sells.

This calculation shall be based only on products for which the producer organisation is recognised.

3.  Where Article 52(7) applies, paragraph 2 of this Article shall apply mutatis mutandis to the subsidiaries concerned from 1 January 2012.

Article 29

Outsourcing

Outsourcing of an activity of a producer organisation shall mean that the producer organisation enters into a commercial arrangement with another entity, including one of its members or a subsidiary, for the provision of the activity concerned. The producer organisation shall nevertheless remain responsible for ensuring the carrying out of that activity, and overall management control and supervision of commercial arrangement for the provision of the activity.

The first paragraph shall apply mutatis mutandis where an association of producer organisations outsources an activity.

Article 30

Transnational producer organisations

1.  A transnational producer organisation's head office shall be established in the Member State where the organisation has significant holdings or a significant number of members and/or achieves an important level of marketed production.

2.  The Member State in which the head office of the transnational producer organisation is located shall be responsible for the following:

(a) recognising the transnational producer organisation;

(b) approving the transnational producer organisation's operational programme;

(c) establishing the necessary administrative collaboration with the other Member States in which the members are located with respect to compliance with the terms of recognition and the system of checks and sanctions. Those other Member States shall be obliged to give all necessary assistance to the Member State in which the head office is located; and

(d) providing, on request of other Member States, all relevant documentation, including any applicable legislation available to the other Member States in which the members are located, translated into an official language of the requesting Member States.

Article 31

Mergers of producer organisations

1.  Where producer organisations with previously different operational programmes have merged, they may operate the programmes in parallel and separately until 1 January of the year following the merger. In such cases, the producer organisations concerned shall request the merger of the operational programmes by means of an amendment in accordance with the provisions of Article 66. Otherwise, the producer organisations concerned shall request forthwith the merger of the operational programmes by means of an amendment in accordance with the provisions of Article 67.

2.  By way of derogation from paragraph 1, Member States may authorise producer organisations which so request, for duly substantiated reasons, to implement separate operational programmes in parallel until they reach their natural conclusion.

Article 32

Non-producer members

1.  Member States may determine whether and on what conditions any individual or legal person who is not a producer may be accepted as a member of a producer organisation.

2.  When setting the conditions referred to in paragraph 1, the Member States shall ensure, in particular, compliance with paragraphs 1(a) and 4(c) of Article 3 of Regulation (EC) No 1182/2007.

3.  The natural or legal persons referred to in paragraph 1 shall not:

(a) be taken into account for the recognition criteria;

(b) benefit directly from the measures financed by the Community.

Member States may restrict or prohibit their right to vote on decisions relating to operational funds, in line with the conditions laid down in paragraph 2.

Article 33

Democratic accountability of producer organisations

Member States shall take all measures they consider to be necessary in order to avoid any abuse of power or influence by one or more members over the management and operation of a producer organisation, which shall include voting rights.

▼M10

Member States may adopt measures to restrict or prohibit the powers of a legal entity to modify, approve or reject decisions of a producer organisation where it is a clearly defined part of that legal entity.

▼B



Section 3

Associations of producer organisations

Article 34

Recognition of associations of producer organisations

1.  Member States may only recognise associations of producer organisations under Article 5 of Regulation (EC) No 1182/2007 in respect of the activities concerning the product or products specified in the application for recognition.

2.  An association of producer organisations may be recognised under Article 5 of Regulation (EC) No 1182/2007 and carry out any of the activities of a producer organisation, even when the marketing of the products concerned continues to be carried out by its members.

Article 35

Associations of producer organisations’ main activities

Article 28(2) and (3) shall apply mutatis mutandis to associations of producer organisations.

Article 36

Members of associations of producer organisations which are not producer organisations

1.  Member States may determine whether and on what conditions any individual or legal person who is not a recognised producer organisation may be accepted as a member of an association of producer organisations.

2.  Members of a recognised association of producer organisations who are not recognised producer organisations shall not:

(a) be considered for the recognition criteria;

▼M10 —————

▼B

(c) benefit directly from the measures financed by the Community.

▼M10

Member States may permit, restrict or prohibit their right to vote on decisions relating to operational programmes.

▼B

Article 37

Transnational association of producer organisations

1.  The head office of the transnational association of producer organisations shall be established in a Member State in which this association has a significant number of member organisations and/or the member organisations achieve an important level of marketed production.

2.  The Member State in which the head office of the transnational association of producer organisations is located shall be responsible for the following:

(a) recognising the association;

(b) approving, where necessary, the association's operational programme;

(c) establishing the necessary administrative collaboration with the other Member States in which the associated organisations are located with respect to compliance with the terms of recognition and the system of checks and sanctions. Those other Member States shall be obliged to give all necessary assistance to the Member State in which the head office is located; and

(d) providing, on request of other Member States, all relevant documentation, including any applicable legislation available to the other Member States in which the members are located, translated into an official language of the requesting Member States.



Section 4

Producer groups

Article 38

Submission of recognition plans

1.  A legal entity or clearly defined part of a legal entity shall submit the recognition plan referred to in Article 7(1) of Regulation (EC) No 1182/2007 to the competent authority of the Member State in which the entity has its head office.

2.  Member States shall lay down:

(a) the minimum criteria which the legal entity or clearly defined part of a legal entity shall meet to be able to submit a recognition plan;

(b) the rules for the drafting, content and implementation of recognition plans;

(c) the period during which a former member of a producer organisation shall be prohibited from joining a producer group after leaving the producer organisation in respect of the products for which the producer organisation was recognised; and

(d) the administrative procedures for the approval, monitoring and fulfilling of recognition plans.

Article 39

Content of recognition plans

A draft recognition plan shall cover at least the following:

(a) a description of the initial situation, in particular as regards the number of producer members, giving full details of members, production, including the value of marketed production, marketing and infrastructure, including infrastructure owned by individual members of the producer group if it is to be used by the producer group itself;

(b) the proposed date for starting implementation of the plan and its duration, which shall not exceed five years; and

(c) activities to be implemented in order to achieve recognition.

Article 40

Approval of recognition plans

1.  The competent national authority shall decide on a draft recognition plan within three months of the receipt of the plan accompanied by all supporting documents.

2.  Following the checks referred to in Article 113, the competent national authority shall, as appropriate:

(a) accept the plan and grant preliminary recognition;

(b) request changes to the plan;

(c) reject the plan.

Acceptance may be granted, where necessary, only if the changes requested under point (b) have been incorporated in the plan.

It shall notify the legal entity or clearly defined part of a legal entity of its decision.

Article 41

Implementation of recognition plans

1.  The recognition plan shall be implemented in annual segments starting on 1 January. Member States may allow producer groups to break down these annual segments into semestrial periods.

The recognition plan shall begin, in accordance with the proposed date under Article 39(b):

(a) on 1 January following the date of its acceptance by the competent national authority; or

(b) immediately following the date of its acceptance.

2.  Member States shall set the conditions on which producer groups may request changes to plans during their implementation. These requests shall be accompanied by all the necessary supporting documents.

3.  The competent national authority shall decide on changes to plans within three months of receipt of the request for change, after considering the evidence supplied. Where no decision is taken on a request for change within that period, the request shall be deemed to have been rejected.

Article 42

Applications for recognition as a producer organisation

Producer groups implementing a recognition plan may, at any time, submit an application for recognition under Article 4 of Regulation (EC) No 1182/2007. Such applications shall in any event be submitted before the end of the transitional period referred to in Article 7 of Regulation (EC) No 1182/2007.

From the date on which such an application is lodged, the group in question may submit a draft operational programme under Article 64.

Article 43

Producer groups’ main activities

Article 28 shall apply mutatis mutandis to producer groups.

Article 44

Value of marketed production

1.  Article 52 shall apply mutatis mutandis for producer groups.

2.  Where a reduction in the value of marketed production has occurred due to reasons, duly justified to the Member State, falling outside the responsibility and control of the producer group, the value of the marketed production shall not be less than 65 % of the value declared in the previous application or applications for aid covering the most recent annual segment, as verified by the Member State, and in the absence thereof, of the value declared initially in the approved recognition plan.

▼M15

3.  The value of the marketed production shall be as calculated under the legislation applicable as regards the period for which the aid is claimed.

▼B

Article 45

Financing of recognition plans

1.  The rates of aid referred to in Article 7(5) of Regulation (EC) No 1182/2007 shall be reduced by half in relation to marketed production which exceeds EUR 1 000 000.

2.  The aid referred to in Article 7(3)(a) of Regulation (EC) No 1182/2007 shall be subject to a ceiling for each producer group of EUR 100 000 per annual segment.

3.  Where a segment of implementation does not run for a complete calendar year the ceilings referred to in paragraph 2 shall be reduced proportionately.

4.  The aid referred to in Article 7(3) of Regulation (EC) No 1182/2007 shall be paid:

(a) in annual or semestrial instalments at the end of each annual or semestrial period for the implementation of the recognition plan; or

(b) in instalments covering part of an annual period if the plan starts during the annual period or if recognition occurs under Article 4 of Regulation (EC) No 1182/2007 before the end of an annual period.

In order to calculate the instalments, the Member States may use as a basis the marketed production corresponding to a period other than that in respect of which the instalment is paid, where checks so require. The difference between the periods shall be less than the actual period concerned.

5.  The exchange rate applicable to the amounts referred to in paragraphs 1 and 2 shall be the rate most recently published by the European Central Bank prior to the first day of the period for which the aid in question is granted.

Article 46

Aid for investments required for recognition

As regards investments linked to implementation of recognition plans referred to in Article 39(c) of this Regulation for which aid is provided for under Article 7(3)(b) of Regulation (EC) No 1182/2007:

(a) investments liable to distort competition where the other economic activities of the organisation are concerned shall be excluded; and

(b) investments to the direct or indirect benefit of such measures shall be financed pro rata to their use for the sectors or products for which preliminary recognition is granted.

Article 47

Application for aid

1.  A producer group shall submit a single application for the aid referred to in Articles 7(3)(a) and (b) of Regulation (EC) No 1182/2007 within three months of the end of each annual or semestrial period as referred to in Article 45(4) of this Regulation. The application shall include a declaration of the value of marketed production for the period for which the aid is claimed.

2.  Applications for aid covering semestrial periods may be submitted only if the recognition plan is broken into semestrial periods as referred to in Article 41(1)(2). All applications for aid shall be accompanied by a written declaration from the producer group to the effect that the latter:

(a) complies and will comply with Regulation (EC) No 1182/2007 and with this Regulation; and

(b) has not benefited, is not benefiting and will not benefit either directly or indirectly from duplicate Community or national financing for actions implemented under its recognition plan for which Community financing is granted pursuant to this Regulation.

3.  Member States shall fix the deadline for paying the aid which in any case shall not be later than six months after the receipt of the application.

Article 48

Eligibility

Member States shall evaluate the eligibility of producer groups for the aid under this Regulation in order to establish that the aid is duly justified, taking into account the conditions and the date on which any earlier public aid was granted to the producer organisations or groups from which the members of the producer group in question originate and to any movements of members between producer organisations and producer groups.

Article 49

Community contribution

1.  The Community contribution towards aid as referred to in Article 7(3)(a) of Regulation (EC) No 1182/2007 shall amount to:

▼M10

(a) 75 % in the regions eligible under the Convergence Objective, and

(b) 50 % in other regions.

▼M10

The remainder of the aid shall be paid as a flat-rate payment by the Member State. The aid application shall not be required to include evidence as to the use of the aid.

▼B

2.  The Community contribution towards aid as referred to in Article 7(3)(b) of Regulation (EC) No 1182/2007, expressed in terms of a capital grant or capital-grant equivalent, shall not exceed, as a percentage of eligible investment costs:

(a) 50 % in the regions eligible under the Convergence Objective; and

(b) 30 % in other regions.

The Member States concerned shall undertake to contribute at least 5 % of eligible investment costs.

Beneficiaries of aid towards eligible investment costs shall pay at least:

(a) 25 % in the regions eligible under the Convergence Objective; and

(b) 45 % in other regions.

Article 50

Mergers

1.  Aid as provided for in Article 7(3) of Regulation (EC) No 1182/2007 may be given, or may continue to be given, to producer groups which have been granted preliminary recognition and which result from the merger between two or more producer group granted preliminary recognition.

2.  For the purposes of calculating the aid payable pursuant to paragraph 1, the producer group resulting from the merger shall replace the merging groups.

3.  Where two or more producer groups merge, the new entity shall assume the rights and obligations of the producer group which has been granted pre-recognition status the earliest.

4.  Where a producer group which has been granted preliminary recognition merges with a recognised producer organisation, the resulting entity shall no longer be eligible for preliminary recognition as a producer group, nor for the aid referred to in Article 7(3) of Regulation (EC) No 1182/2007. The resulting entity shall continue to be treated as the recognised producer organisation, provided that it respects the applicable requirements. If necessary, the producer organisation shall request a change to its operational programme, and to this end Article 31 shall apply mutatis mutandis.

However, actions carried out by producer groups before such a merger shall continue to be eligible under the conditions set out in the recognition plan.

Article 51

Consequences of recognition

1.  Aid as provided for in Article 7(3) of Regulation (EC) No 1182/2007 shall cease once recognition is granted.

2.  Where an operational programme is submitted pursuant to this Regulation, the Member State concerned shall ensure that there is no duplicated financing of the measures set out in the recognition plan.

3.  Investments qualifying for the aid or the costs referred to in Article 7(3)(b) of Regulation (EC) No 1182/2007 may be carried over to operational programmes provided they are in line with the requirements of this Regulation.

4.  Member States shall fix the period, starting after implementation of the recognition plan, within which the producer group shall be required to be recognised as a producer organisation. The period shall not exceed four months.



CHAPTER II

Operational funds and operational programmes



Section 1

Value of marketed production

Article 52

Basis for calculation

1.  For the purposes of this Chapter, the value of marketed production for a producer organisation shall be calculated on the basis of the production of members of producer organisations, for which the producer organisation is recognised.

2.  The value of the marketed production shall include the production of members who leave or join the producer organisation. The Member States shall determine the conditions to avoid duplicate counting.

▼M23

2a.  The value of the marketed production shall not include the value of processed fruit and vegetables or any other product that is not a product of the fruit and vegetables sector.

However, the value of the marketed production of fruit and vegetables intended for processing, which have been transformed into one of the processed fruit and vegetables listed in Part X of Annex I to Regulation (EC) No 1234/2007 or any other agricultural product referred to in this Article and described further in Annex VIa to this Regulation, by either a producer organisation, an association of producer organisations or their members, who are producers or their cooperatives, or subsidiaries as referred to in paragraph 7 of this Article, either by themselves or through outsourcing, shall be calculated as a flat rate in percentage applied to the invoiced value of those processed products.

That flat rate shall be:

(a) 53 % for fruit juices;

(b) 73 % for concentrated juices;

(c) 77 % for tomato concentrate;

(d) 62 % for frozen fruit and vegetables;

(e) 48 % for canned fruit and vegetables;

(f) 70 % for canned mushrooms of the genus Agaricus;

(g) 81 % for fruits provisionally preserved in brine;

(h) 81 % for dried fruits;

(i) 27 % for other processed fruit and vegetables;

(j) 12 % for processed aromatic herbs;

(k) 41 % for paprika powder.

▼B

3.  Member States may allow producer organisations to include the value of the by-products in the value of the marketed production.

4.  The value of the marketed production shall include the value of market withdrawal disposed of as provided for in points (a) and (b) of Article 10(4) of Regulation (EC) No 1182/2007, estimated at the average price of those products marketed by the producer organisation in the previous year.

▼M10

5.  Only the production of the members of the producer organisation marketed by the producer organisation itself shall be counted in the value of marketed production. The production of the members of the producer organisation marketed by another producer organisation designated by their own organisation, pursuant to Article 125a(2)(b) and (c) of Council Regulation (EC) No 1234/2007 ( 29 ) shall be counted in the value of marketed production of the second producer organisation.

▼M23

6.  The marketed production of fruit and vegetables shall be invoiced at the ‘ex-producer organisation’ stage where applicable, as product listed in Part IX of Annex I to Regulation (EC) No 1234/2007 which is prepared and packaged excluding:

(a) VAT;

(b) internal transport costs, where the distance between the centralised collection or packing points of the producer organisation and the point of distribution of the producer organisation is significant.

For the purposes of point (b) of the first subparagraph, Member States shall provide for reductions to be applied to the invoiced value for products invoiced at different stages of delivery or transport.

▼B

7.  The value of the marketed production may also be calculated at the ex-subsidiary stage, on the same basis as set out in paragraph 6, provided that at least 90 % of the capital of the subsidiary is owned:

(a) by the producer organisations or association of producer organisations; or

(b) subject to Member State approval, by members, which are cooperatives, of the producer organisations or associations of producer organisations if doing so contributes to the objectives listed in Article 3(1)(b) and (c) of Regulation (EC) No 1182/2007.

8.  Where a reduction in production occurs due to a climatic event or animal or plant diseases or pest infestations, any insurance indemnification received in respect of harvest insurance measures covered by Section 6 of Chapter III, or equivalent measures managed by the producer organisation, due to these causes may be included in the value of marketed production.

Article 53

Reference period

1.  The annual ceiling on aid referred to in Article 10(2) of Regulation (EC) No 1182/2007 shall be calculated each year on the basis of the value of marketed production during a 12-month reference period to be determined by the Member States.

2.  The reference period shall be fixed by the Member States for each producer organisation as:

(a) a 12-month period, starting no earlier than 1 January three years preceding the year in which the operational programme is implemented and ending no later than 1 August of the same year; or

(b) the average value of three subsequent 12-month periods starting no earlier than 1 January five years preceding the year in which the operational programme is implemented and ending no later than 1 August of the same year.

3.  The 12-month period shall be the accounting period of the producer organisation concerned.

The reference period shall not vary during an operational programme except in duly justified situations.

4.  Where a reduction in the value of a product has occurred due to reasons, duly justified to the satisfaction of a Member State, falling outside the responsibility and control of the producer organisation, the value of the marketed production referred to in paragraph 1 shall not be less than 65 % of the value of the product concerned in the previous reference period.

The reasons referred to in the first subparagraph shall be duly justified.

▼M13

5.  Where recently recognised producer organisations have insufficient historical data on marketed production for the application of paragraph 2 the value of marketed production may be considered to be the value of marketable production provided by the producer organisation for the purposes of recognition. This shall be calculated as the average value of the marketed production for the period during those three years in which the producers who are members of the producer organisation when the application for recognition is submitted were actually producing.

▼B

6.  Member States shall take the measures necessary to gather information on the value of marketed production of producer organisations which have not submitted operational programmes.

7.  By way of derogation from paragraphs 1 and 6, the value of marketed production for the reference period shall be as calculated under the legislation applicable in this reference period.

▼M23

However, for operational programmes approved by 20 January 2010, the value of the marketed production for the years until 2007 shall be calculated on the basis of the legislation applicable in the reference period, whereas the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable in 2008.

For operational programmes approved after 20 January 2010, the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable at the time the operational programme has been approved.

▼B



Section 2

Operational Funds

Article 54

Management

Member States shall ensure that operational funds are managed in such a way that it is possible for external auditors to annually identify, check and certify their expenditure and revenue.

Article 55

Financing of operational funds

The financial contributions to the operational fund referred to in Article 8(1) of Regulation (EC) No 1182/2007 shall be determined by the producer organisation.

All producers shall have the opportunity to benefit from the operational fund, and all producers shall have the opportunity to participate democratically in decisions concerning the use of funds of the producer organisation and the financial contributions to the operational funds.

Article 56

Communication of estimated amount

Producer organisations shall communicate the estimated amounts of Community contribution, and the contribution of its members and of the producer organisation itself to the operational funds for the following year to the Member State by 15 September at the latest, together with the operational programmes or requests for approval of their amendments.

Member States may set a later date than 15 September.

Calculation of the estimated amount of operational funds shall be based on the operational programmes and the value of marketed production. The calculation shall be split between expenditure for crisis prevention and management measures and other measures.



Section 3

Operational Programmes

Article 57

National strategy

1.  The overall structure and content of the national strategy referred to in Article 12(2) of Regulation (EC) No 1182/2007 shall, from 1 January 2009, be established in accordance with the guidelines set out in Annex VII. Prior to that date, Member States shall determine its overall structure and content. It may be comprised of regional elements.

The national strategy shall integrate all the decisions taken and provisions adopted by the Member State in application of Title III of Regulation (EC) No 1182/2007 and this Title.

2.  The national strategy, including the integration of the national framework referred to in Article 12(1) of Regulation (EC) No 1182/2007, shall be established before draft operational programmes are submitted in any given year. The national framework shall be integrated after having been submitted to the Commission and if appropriate, after having been amended, in accordance with the second subparagraph of Article 12(1) of Regulation (EC) No 1182/2007.

3.  An analysis of the initial situation shall form part of the process of drawing up the national strategy and be carried out under responsibility of the Member State. It shall identify and assess the needs to be met, the ranking of the needs in terms of priorities, the goals to be achieved through the operational programmes to meet those priority needs, the results expected and the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

4.  Member States shall also ensure monitoring and evaluation of the national strategy and its implementation through operational programmes.

The national strategy may be amended, in particular in the light of monitoring and evaluation. Such amendments shall be made before the submission of draft operational programmes in any given year.

5.  Member States shall set out in the national strategy maximum percentages of the fund which may be spent on any individual measure and/or type of action and/or expenditure in order to ensure an appropriate balance between different measures.

Article 58

National framework for environmental actions

1.  In addition to the notification foreseen under Article 12(1) of Regulation (EC) No 1182/2007 Member States shall also notify the Commission of any amendments to the national framework which shall be subject to the procedure set out in the second subparagraph of Article 12(1) of Regulation (EC) No 1182/2007. The Commission shall make the framework available to other Member States by the means it considers appropriate.

2.  The framework shall set out a non-exhaustive list of environmental actions and the conditions therefore applicable in the Member State for the purposes of Article 9(3) of Regulation (EC) No 1182/2007 and, for each environmental action selected, shall indicate:

(a) the specific commitment or commitments entailed; and

(b) the justification of the action based on its expected environmental impact in relation to environmental needs and priorities.

Article 59

Complementary Member State rules

Member States may adopt rules complementing Regulation (EC) No 1182/2007 and this Regulation concerning the eligibility of measures, actions or expenditure under operational programmes.

Article 60

Relationship with rural development programmes

1.  No support under the Member State's rural development programme or programmes approved under Regulation (EC) No 1698/2005, shall be granted to actions which are covered by measures set out by this Regulation, subject to paragraph 2.

2.  Where support under Regulation (EC) No 1698/2005 has exceptionally been granted in accordance with Article 5(6) of that Regulation, to measures which would be potentially eligible under this Regulation, Member States shall ensure that a beneficiary may receive support for a given action only under one scheme.

To that end, when Member States, include measures containing such exceptions in their rural development programmes, they shall ensure that the national strategy as referred to in Article 57 of this Regulation lays down the criteria and administrative rules which they will apply in the rural development programmes.

▼M10

Where relevant, and without prejudice to provisions of Articles 103a(3), 103d(1) and (3) and 103e of Regulation (EC) No 1234/2007 and Article 49 of this Regulation, the level of support for measures covered by this Regulation shall not exceed that applicable for the measures under the rural development programme.

▼B

Support for environmental actions, other than acquisition of fixed assets, shall be limited to the maximum amounts laid down in the Annex to Regulation (EC) No 1698/2005 for agri-environment payments. These amounts may be increased in exceptional cases taking account of specific circumstances to be justified in the national strategy as referred to in Article 57 of this Regulation.

▼M10

The fourth subparagraph shall not apply to environmental actions which do not relate directly or indirectly to a particular parcel.

▼B

Article 61

Contents of operational programmes and eligible expenditure

1.  Operational programmes shall include the following:

(a) a description of the initial situation, based, where relevant, on the baseline indicators listed in Annex XIV;

(b) the objectives of the programme, bearing in mind the outlook for production and outlets, and an explanation of how the programme contributes to the national strategy and confirmation that it is consistent with the national strategy, including in its balance between activities. The description of the objectives shall refer to objectives defined in the national strategy and indicate measurable targets, so as to facilitate the monitoring of progress gradually made in implementing the programme;

(c) a detailed description of the measures, including those for crisis prevention and management, containing separate actions, to be taken and the means for attaining those objectives in each year of implementation of the programme. The description shall indicate the extent to which different measures proposed:

(i) complement and are consistent with other measures, including measures financed or eligible for support by other European Community funds, and in particular rural development support. In this respect, a specific reference shall also be made, if appropriate, to measures carried out under previous operational programmes;

(ii) do not entail any risk of double financing by European Community funds;

(d) the duration of the programme; and

(e) the financial aspects, namely:

(i) the method of calculation and the level of financial contributions;

(ii) the procedure for financing the operational fund;

(iii) information necessary to justify different levels of contribution; and

(iv) the budget and timetable for undertaking operations for each year of implementation of the programme.

2.  Various environmental actions may be combined provided that they are complementary and compatible.

Where environmental actions are combined, the level of support shall take account of the specific income foregone and additional costs resulting from the combination.

3.  Investments, including those under leasing contracts, whose repayment period exceeds the length of the operational programme may be carried over to a subsequent operational programme on duly justified economic grounds, and in particular in cases where the fiscal depreciation period is longer than five years.

Where investments are replaced, the residual value of the investments replaced shall be:

(a) added to the operational fund of the producer organisation; or

(b) subtracted from the cost of the replacement.

Investments or actions may be implemented on individual holdings of members of the producer organisation, provided that they contribute to the objectives of the operational programme. If the member leaves the producer organisation, Member States shall ensure that the investment or its residual value is recovered, unless the Member State provides otherwise.

4.  Operational programmes shall not include actions or expenditure referred to in the list set out in Annex VIII.

5.  Expenditure under operational programmes eligible for aid shall be restricted to the actual costs incurred. However, Member States may instead fix standard flat rates in advance and in a duly justified way in the following cases:

(a) where such standard flat-rates are referred to in Annex VIII;

(b) for additional per-kilometre external transport costs, compared to road haulage costs, incurred when using rail and/or ship transport as part of a measure to respect the environment; and

(c) for additional costs and income foregone resulting from environmental actions, calculated in conformity with Article 53(2) of Regulation (EC) No 1974/2006.

Member States shall review such rates at least every five years.

6.  In order for an action to be eligible, more than 50 % by value of the products concerned by it shall be those for which the producer organisation is recognised. To be counted in the 50 %, the products shall come from the producer organisation's members or members of another producer organisation. The appropriate rules in Article 52 shall apply to the calculation of the value.

Article 62

Documents to be submitted

Operational programmes shall be accompanied by, in particular:

(a) evidence of the setting-up of an operational fund;

(b) a written undertaking from the producer organisation to comply with Regulation (EC) No 1182/2007 and this Regulation; and

(c) a written undertaking from the producer organisation that it has and will not receive, directly or indirectly, any other Community or national funding in respect of actions qualifying for aid under this Regulation.

Article 63

Partial operational programmes

1.  Pursuant to Article 5 of Regulation (EC) No 1182/2007 a Member State may authorise an association of producer organisations to present a partial operational programme of its own, which shall consist of actions identified, but not implemented by two or more member producer organisations in their operational programmes.

2.  The same rules shall apply to partial operational programmes as to other operational programmes and they shall be considered together with the operational programmes of the member producer organisations.

3.  Member States shall ensure that:

▼M10

(a) the actions are fully financed from contributions of members of associations of producer organisations which are producer organisations, paid out of the operational funds of those producer organisations. However, the actions may be financed in a proportional amount to the contribution of member producer organisations, by members of associations of producer organisations which are not producer organisations pursuant to Article 36, on condition these members are producers or their cooperatives;

▼B

(b) the actions and the corresponding financial participation are listed in the operational programme of each participating producer organisation; and

(c) there is no risk of duplicate aid and that Article 60 is applied mutatis mutandis.

Article 64

Time limit for submission

Operational programmes shall be submitted for approval by the producer organisation to the competent authority in the Member State in which the producer organisation has its headquarters by 15 September at the latest of the year preceding that in which they are to be implemented. However, the Member States may postpone that date.

When a legal entity or clearly defined part of a legal entity, including a producer group, submits an application for recognition as a producer organisation it may at the same time submit the operational programme referred to in the first paragraph for approval. Approval of the programme shall be subject to obtainment of recognition no later than on the final date laid down in Article 65(2).

Article 65

Decision

1.  The competent national authority shall, as appropriate:

(a) approve amounts of funds and programmes which meet the requirements of Regulation (EC) No 1182/2007 and those of this Chapter;

(b) approve the programmes, on condition that certain amendments are accepted by the producer organisation; or

(c) reject the programmes or part of the programmes.

2.  The competent national authority shall take decisions on programmes and funds by 15 December at the latest of the year in which they are submitted.

Member States shall notify the producer organisations of those decisions by 15 December at the latest.

However, for duly justified reasons, the competent national authority may take a decision on operational programmes and funds by 20 January at the latest following the date of the application. The approval decision may stipulate that expenditure is eligible from 1 January of the year following the application.

Article 66

Amendments to operational programmes for subsequent years

1.  Producer organisations may request amendments to operational programmes, including if necessary an extension of its duration up to a total duration of five years, by 15 September at the latest to be applied from 1 January of the following year.

However, Member States may postpone the date for submitting requests.

2.  Requests for amendments shall be accompanied by supporting documents giving the reason, nature and implications of the changes.

3.  The competent authority shall take decisions on requests for amendments to operational programmes by 15 December at the latest.

However, for duly justified reasons, Member States may take a decision on amendments to operational programmes not later than 20 January following the date of the application. The approval decision may stipulate that expenditure is eligible from 1 January of the year following the application.

Article 67

Amendments to operational programmes during the year

1.  Member States may authorise amendments to operational programmes during the year, under conditions to be determined by them.

2.  Producer organisations may be authorised by the competent national authority, during the year to:

(a) implement their operational programmes in part only;

(b) change the contents of the operational programme, including if necessary the extension of its duration up to a total duration of five years;

▼M5

(c) increase the amount of the operational fund by a maximum of 25 %, and decrease it by a percentage to be fixed by Member States, of the amount initially approved provided the overall objectives of the operational programme are maintained. Member States may increase this percentage in case of mergers of producer organisations as referred to in Article 31(1) and in case of application of Article 94a.

▼B

3.  Member States shall determine the conditions under which operational programmes may be amended during the year without prior approval by the competent national authority. These changes are only eligible for aid if they are communicated by the producer organisation to the competent authority without delay.

Article 68

Operational programmes’ format

1.  Operational programmes shall be implemented in annual periods running from 1 January to 31 December.

2.  Operational programmes approved on 15 December at the latest shall be implemented from 1 January of the following year.

The implementation of programmes approved after 15 December shall be postponed for one year.

By way of derogation from the first and second subparagraphs of this paragraph, where the third subparagraph of Article 65(2) or the second subparagraph of Article 66(3) apply, the implementation of operational programmes approved in accordance with those provisions shall start not later than 31 January following their approval.



Section 4

Aid

Article 69

Approved amount of aid

Member States shall notify producer organisations and associations of producer organisations of the approved amount of aid, as required by Article 13(3) of Regulation (EC) No 1182/2007, by 15 December at the latest.

Where the third subparagraph of Article 65(2) or the second subparagraph of Article 66(3) of this Regulation apply, Member States shall give notification of the approved amount of aid not later than 20 January.

Article 70

Applications

1.  Producer organisations shall submit an application for aid or the balance thereof to the competent authority for each operational programme for which aid is requested on 15 February at the latest of the year following that for which the aid is requested.

2.  Applications shall be accompanied by supporting documents showing:

(a) the aid requested;

(b) the value of the marketed production;

(c) the financial contributions levied on its members and those of the producer organisation itself;

(d) the expenditure incurred in respect of the operational programme;

(e) the expenditure concerning crisis prevention and management broken down by actions;

(f) the proportion of the operational fund spent on crisis prevention and management broken down by actions;

(g) compliance with Article 9(2) and Article 9(3)(a) or (b) and Article 10 of Regulation (EC) No 1182/2007;

(h) a written undertaking that it has not received any duplicate Community or national funding in respect of measures and/or operations qualifying for aid under this Regulation; and

(i) in the case of an application for payment based on a standard flat-rate as referred to in Article 61(4), proof of the implementation of the action concerned.

3.  Applications may cover expenditure programmed but not incurred if the following elements are proved:

(a) the operations concerned could not be carried out by 31 December at the latest of the year of implementation of the operational programme for reasons beyond the control of the producer organisation concerned;

(b) those operations can be carried out by 30 April at the latest of the following year at the latest; and

(c) an equivalent contribution from the producer organisation remains in the operational fund.

The aid shall be paid and the security lodged in accordance with Article 72(3) shall be released only on condition that proof of implementation of the programmed expenditure referred to in point (b) of the first subparagraph is provided by 30 April at the latest of the year following that for which the expenditure in question was programmed, and on the basis of the entitlement to the aid actually established.

4.  Where applications are submitted after the date provided for in paragraph 1, the aid shall be reduced by 1 % for each day late.

In exceptional and duly justified cases, the competent authority may accept applications after the date provided for in paragraph 1, if the necessary checks have been carried out and the time limit for payment provided for in Article 71 is complied with.

Article 71

Payment of the aid

Member States shall pay the aid by 15 October at the latest of the year following the year of implementation of the programme.

Article 72

Advance payments

1.  Member States may permit producer organisations to apply for the advance payment of the part of the aid corresponding to the foreseeable expenditure resulting from the operational programme during the three- or four-month period starting in the month in which the application is submitted.

2.  Applications for advance payments shall be submitted as decided by the Member State, either on three-monthly basis in January, April, July and October or on a four-monthly basis in January, May and September.

Total advance payments made for a given year may not exceed 80 % of the initially approved amount of aid for the operational programme.

3.  Advances shall be paid subject to the lodging of a security equivalent to 110 % thereof in accordance with Regulation No 2220/85.

Conditions shall be provided for by the Member States to ensure that financial contributions to the operational fund have been levied in accordance with Article 54 and Article 55 of this Regulation and previous advance payments have actually been spent.

4.  Applications for the release of securities may be submitted during the current programme year and shall be accompanied by the relevant supporting documents.

Securities shall be released in respect of up to 80 % of advances paid.

5.  The primary requirement within the meaning of Article 20 of Regulation (EC) No 2220/85 shall cover the performance of the operations set out in the operational programmes subject to the undertakings provided for in Article 62(b) and (c) of this Regulation.

In the event of failure to comply with the primary requirement or of serious failure to meet the obligations provided for in Article 62(b) and (c) the security shall be forfeited, without prejudice to other penalties to be applied in accordance with Section 3 of Chapter V.

In the event of failure to comply with other requirements, the security shall be forfeited in proportion to the gravity of the irregularity that has been established.

6.  Member States may set a minimum amount and the deadlines for advance payments.

Article 73

Partial payments

Member States may permit producer organisations to apply for the payment of the part of the aid corresponding to the expenditure resulting from the operational programme.

Applications may be submitted at any time, but no more than three times in any given year. They shall be accompanied by suitable supporting documents.

Total payments in respect of applications for parts of the aid may not exceed 80 % of the initially approved amount of aid for the operational programme or of the real expenditure, whichever is less.

Member States may set a minimum amount and the deadlines for partial payments.



CHAPTER III

Crisis prevention and management measures



Section 1

General provisions

Article 74

Selection of crisis prevention and management measures

Member States may provide that one or more of the measures listed in Article 9(2) of Regulation (EC) No 1182/2007 shall not apply in their territory.

Article 75

Loans to finance crisis prevention and management measures

Loans taken out to finance crisis prevention and management measures pursuant to the third subparagraph of Article 9(2) of Regulation (EC) No 1182/2007 whose repayment period exceeds the length of the operational programme may be carried over to a subsequent operational programme on duly justified economic grounds.



Section 2

Market withdrawals

Article 76

Definition

This Section lays down rules concerning market withdrawals as referred to in Article 9(2)(a) of Regulation (EC) No 1182/2007. For the purposes of this Chapter, ‘products withdrawn from the market’, ‘withdrawn products’ and ‘products not put up for sale’ mean products which are so withdrawn from the market.

Article 77

Marketing standards

1.  Where a marketing standard as referred to in paragraphs 2 and 7 of Article 2 of Regulation (EC) No 1182/2007 exists for a given product, such product withdrawn from the market shall comply with those standards, except for the provisions on the presentation and marking of products. Products may be withdrawn in bulk, all sizes together, provided that the minimum requirements for class II, in particular as regards quality and size, are complied with.

However, miniature produce as defined in the relevant standards shall comply with the applicable marketing standards, including the provisions on the presentation and marking of products.

2.  If no such marketing standards exist for a given product, the minimum requirements laid down in Annex IX shall be met by products withdrawn from the market. The Member States may lay down additional rules supplementing those minimum requirements.

Article 78

Three-year average for market withdrawals for free distribution

The limit of 5 % of the volume of marketed production referred to in Article 10(4) of Regulation (EC) No 1182/2007 shall be calculated on the basis of an arithmetic mean of the overall volumes of products for which the producer organisation is recognised and are marketed through the producer organisation during the three previous years.

For recently recognised producer organisations, the data for marketing years prior to recognition shall be:

(a) where the organisation was a producer group, the equivalent data for that producer group, where applicable; or

(b) the volume applicable to the application for recognition.

Article 79

Prior notification of withdrawal operations

1.  Producer organisations and associations of producer organisations shall notify in advance the competent national authorities, by written telecommunication or electronic message, of each withdrawal operation they intend to undertake. Such notification shall specify, in particular, the list of products taken into intervention and their principal characteristics according to the relevant marketing standards, the estimated quantity of each product concerned, their intended destination and the place where the withdrawn products may be inspected as provided for in Article 110. Notifications shall include a certificate attesting that the withdrawn products conform to the applicable marketing standards or minimum requirements referred to in Article 77.

2.  Member States shall lay down detailed rules for producer organisations as regards notifications provided for in paragraph 1, in particular as regards time limits.

3.  Within the time limits referred to in paragraph 2, the Member States shall:

(a) either carry out the check referred to in Article 110(1), following which, if no irregularities are detected, it shall authorise the withdrawal operation as noted in the check; or;

(b) in the cases referred to in Article 110(3), not carry out the check referred to in Article 110(1), in which case it shall inform the producer organisation of this by a written telecommunication or an electronic message and authorise the withdrawal operation as notified.

Article 80

Support

1.  The support, comprising both the Community contribution and the producer organisation contribution, for market withdrawals shall be no more than the amounts set out in Annex X for the products referred to in that Annex. For other products, Member States shall set maximum amounts of support.

▼M1

2.  Market withdrawals shall not exceed 5 % as a proportion of the volume of the marketed production of any given product in any given producer organisation. However, amounts which are disposed in one of the ways referred to in Article 10(4)(a) and (b) of Regulation (EC) No 1182/2007 or any other way approved by Member States under Article 81(2) shall not be taken into account in that proportion.

▼B

The volume of marketed production shall be calculated as average of the volume of marketed production in the previous three years. If this information is not available, the volume of marketed production for which the producer organisation was recognised shall be used.

▼M23

The percentages referred to in the first subparagraph shall be annual averages over a three year period, with 5 percentage points of annual margin of overrun.

▼B

Article 81

Destinations for withdrawn products

1.  Member States shall lay down the permissible destinations for products subjected to market withdrawals. They shall adopt provisions to ensure that no negative impact on the environment nor any negative phytosanitary consequences result from the withdrawal or its destination. Costs incurred by the producer organisations due to compliance with these provisions shall be eligible as part of the support for market withdrawals under the operational programme.

2.  The destinations referred to in paragraph 1 of this Article shall include free distribution which shall mean those referred to in points (a) and (b) of Article 10(4) of Regulation (EC) No 1182/2007 and any other equivalent destinations approved by Member States.

▼M23

Member States may allow the charitable organisations and the institutions referred to in points (a) and (b) of Article 103d(4) of Regulation (EC) No 1234/2007 to ask a symbolic contribution from the final recipients of products subjected to market withdrawals, in case those products have undergone processing.

▼B

Member States shall take all the necessary steps to facilitate contacts and co-operation between producer organisations and the recipients they have approved, on request, for free distribution.

3.  Disposal of products to the processing industry shall be possible only on condition that there is no resulting distortion of competition for the industries concerned within the Community or for imported products.

Article 82

Transport costs

1.  The transport costs for the free distribution of all products withdrawn from the market shall be eligible under the operational programme on the basis of the flat-rate amounts set according to the distance between the point of withdrawal and the place of delivery set out in Annex XI.

In the case of sea transport, the Commission shall determine the transport costs which may be met on the basis of the real transport costs and the distance. The compensation thus determined may not exceed the cost of land transport over the shortest route between the place of loading and the theoretical point of exit. A correcting coefficient of 0,6 shall be applied to the amounts as set out in Annex XI.

2.  The transport costs shall be paid to the party which actually bears the financial cost of the transport operation in question.

Payment shall be subject to the presentation of supporting documents certifying in particular:

(a) the names of the beneficiary organisations;

(b) the quantity of the products concerned;

(c) acceptance by the beneficiary organisations and the means of transport used; and

▼M5

(d) the distance between the place of withdrawal and the place of delivery.

▼B

Article 83

Sorting and packing costs

▼M23

1.  The costs of sorting and packaging fresh fruit and vegetables withdrawn from the market for free distribution shall be eligible under operational programmes, in the case of products put up in packages of less than 25 kilograms net weight at the flat-rate amounts set out in Part A of Annex XII.

2.  Packages of products for free distribution shall display the European emblem, together with one or more of the references set out in Part B of Annex XII.

▼B

3.  The costs of sorting and packaging shall be paid to the producer organisations which have performed those operations.

Payment shall be subject to the presentation of supporting documents certifying in particular:

(a) the names of the beneficiary organisations;

(b) the quantity of the products concerned; and

(c) acceptance by the beneficiary organisations, specifying the presentation.

Article 84

Conditions for the recipients of withdrawn products

1.  The recipients of withdrawn products referred to in points (a) and (b) of Article 10(4) of Regulation (EC) No 1182/2007 shall undertake to:

(a) comply with this Regulation;

(b) keep separate stock records and financial accounts for the operations in question;

(c) accept the checks provided for by the Community rules; and

(d) provide the supporting documents on the final destination of each of the products concerned, in the form of a take-over certificate (or equivalent document) attesting that the withdrawn products have been taken over by a third party with a view to their free distribution.

Member States may decide that recipients do not have to keep records or accounts referred to in point (b) of the first subparagraph, if they receive only small quantities and where they consider that the risk is low. That decision and its justification shall be recorded.

2.  The recipients of withdrawn products for other destinations shall undertake to:

(a) comply with this Regulation;

(b) keep separate stock records and financial accounts for the operations in question if the Member States considers it as appropriate despite the fact that the product has been denatured before delivery;

(c) accept the checks provided for by the Community rules; and

(d) not request additional aid for the alcohol produced from the products concerned in the case of withdrawn products intended for distillation.



Section 3

Green harvesting and non-harvesting

Article 85

Definitions of green harvesting and non-harvesting

1.  Green harvesting shall mean the total harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise.

2.  Non-harvesting shall be where no commercial production is taken from the area concerned during the normal production cycle. However destruction of products due to climatic event or disease shall not be considered as non-harvesting.

3.  Green harvesting and non-harvesting shall be additional to and different from normal cultivation practices.

Article 86

Conditions for the application of green harvesting and non-harvesting

1.  In relation to green harvesting and non-harvesting measures, Member States shall:

(a) adopt detailed provisions on the implementation of the measures, including on prior notifications of non-harvesting and green harvesting, their content and deadlines, on the amount of compensation to be paid and on the application of the measures, as well as the list of products eligible under the measures;

(b) adopt provisions to ensure that no negative impact on the environment nor any negative phytosanitary consequences result from their application;

(c) ensure that it is possible to check that the measures are carried out correctly, and not approve the application of the measures where this is not the case;

(d) apply such checks to ensure that the measures are carried out correctly, including in relation to the provisions mentioned in points (a) and (b).

2.  Producer organisations and associations of producer organisations shall notify in advance the competent national authorities, by written telecommunication or electronic message, of each green harvesting or non-harvesting operation they intend to undertake.

They shall include in the first notification of any given year and for a given product, an analysis based on the expected market situation which justifies green harvesting as a crisis prevention measure.

3.  Green harvesting and non-harvesting shall not both be applied for the same product and the same given area in any given year, or in any two consecutive years.

4.  Compensation amounts, comprising both the Community contribution and the producer organisation contribution, for green harvesting and non-harvesting shall be per hectare payments set by the Member State under paragraph 1(a):

(a) at the level to cover only additional costs generated by the application of the measure, taking into account the environmental and phytosanitary management needed to comply with the provisions adopted pursuant to paragraph 1(b); or

(b) at a level to cover not more than 90 % of the maximum support level for market withdrawals as referred to in Article 80.



Section 4

Promotion and communication

Article 87

Implementation of promotion and communication measures

1.  Member States shall adopt detailed provisions on the implementation of promotion and communication measures. These provisions shall allow for the rapid application of the measures when required.

2.  Actions under promotion and communication measures shall be additional to any on-going promotion and communication actions being applied by the producer organisation concerned.



Section 5

Training

Article 88

Implementation of training measures

In relation to training measures, Member States shall adopt detailed provisions on the implementation of those measures.



Section 6

Harvest insurance

Article 89

Objective of harvest insurance measures

Harvest insurance actions shall be managed by a producer organisation which shall contribute to safeguarding producers’ incomes and to covering market losses incurred by the producer organisation and/or its members where these are affected by natural disasters, climatic events and, where appropriate, diseases or pest infestations.

Article 90

Implementation of harvest insurance measures

1.  In relation to harvest insurance measures, Member States shall adopt detailed provisions on the implementation of those measures, including those necessary to ensure that harvest insurance measures do not distort competition in the insurance market.

2.  Member States may contribute additional national financing to support for harvest insurance measures which are benefiting from the operational fund. However, total public support for harvest insurance may not exceed:

(a) 80 % of the cost of the insurance premiums paid for by producers for insurance against losses as a result of adverse climatic events which can be assimilated to natural disasters;

(b) 50 % of the cost of the insurance premiums paid for by producers for insurance against:

(i) losses referred to in point (a) and against other losses caused by adverse climatic events; and

(ii) losses caused by animal or plant diseases or pest infestations.

The limit set out in point (b) of the first subparagraph shall apply even in cases where the operational fund is otherwise eligible for 60 % Community financial assistance pursuant to Article 10(3) of Regulation (EC) No 1182/2007.

3.  Harvest insurance measures shall not cover insurance payments which compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers obtain from other support schemes related to the insured risk.

4.  For the purposes of this Article, an ‘adverse climatic event which can be assimilated to a natural disaster’ shall have the same meaning as in Article 2(8) of Commission Regulation (EC) No 1857/2006 ( 30 ).



Section 7

Support for the administrative cost of setting up mutual funds

Article 91

Conditions for support for the administrative cost of setting up mutual funds

1.  In relation to support for the administrative cost of setting up mutual funds, Member States shall adopt detailed provisions for the implementation of that measure.

2.  Support for the administrative cost of setting up mutual funds shall be, in the first, second and third year of operation of the mutual fund respectively, the following proportion of the contribution of the producer organisation to the mutual fund in the first, second and third year of its operation:

(a) 10 %, 8 % and 4 % in the Member States which acceded to the European Union on 1 May 2004 or thereafter;

(b) 5 %, 4 % and 2 % in other Member States.

3.  Member States may fix ceilings for the amounts that may be received by a producer organisation as support for the administrative cost of setting up mutual funds.



Section 8

State aids for crisis prevention and management measures

Article 92

Detailed provisions in national strategies

Member States paying State aid in accordance with point (c) of the second subparagraph of Article 43 of Regulation (EC) No 1182/2007 shall set out detailed provisions for the implementation of that provision in their national strategies.



CHAPTER IV

National Financial Assistance

▼M13

Article 93

Degree of organisation of producers

For the purposes of Article 103e(1) of Regulation (EC) No 1234/2007, the degree of organisation of producers in a region of a Member State shall be considered as particularly low where producer organisations, associations of producer organisations and producer groups have marketed less than 20 % of the average value of the fruit and vegetable production that was obtained in that region during the last three years for which the data are available.

Only fruit and vegetable production generated in the region referred to in the first paragraph may benefit from national financial assistance.

▼B

Article 94

Authorisation to pay national financial assistance

 

Member States shall submit a request to the Commission for authorisation to grant national financial assistance pursuant to the first subparagraph of Article 11(1) of Regulation (EC) No 1182/2007 for operational programmes to be implemented in any given calendar year by 31 January of that year.

 ◄

▼M13

The request shall be accompanied by evidence showing that the degree of organisation of producers in the region concerned is particularly low, as defined in Article 93 of this Regulation, that only products of the fruit and vegetable sector produced in that region benefit from assistance, as well as details of the producer organisations concerned, the amount of assistance concerned and the proportion of financial contributions being made pursuant to Article 103b of Regulation (EC) No 1234/2007.

▼B

2.  The Commission shall approve or refuse the request within three months of its submission. If the Commission does not reply within this period the request shall be considered to have been approved.

▼M5

Article 94a

Modifications to the operational programme

A producer organisation wishing to apply for national financial assistance shall, if necessary, modify its operational programme pursuant to Article 67.

▼B

Article 95

Application for and payment of the national financial assistance

Producer organisations shall apply for the national financial assistance, and Member States shall pay the aid, in accordance with Articles 70 to 73.

Article 96

Maximum proportion of Community reimbursement of the national financial assistance

The proportion of Community reimbursement of national financial assistance shall be 60 % of the national financial assistance granted to the producer organisation.

Article 97

Community reimbursement of the national financial assistance

▼M5

1.  Member States shall request Community reimbursement of approved national financial assistance actually paid to producer organisations, before 1 January of the second year following the year of implementation of the programme.

The request shall be accompanied by evidence showing that the conditions set out in the second subparagraph of Article 11(1) of Regulation (EC) No 1182/2007 have been fulfilled in three of the previous four years, as well as details of the producer organisations concerned, the amount of assistance actually paid and a description of the operational fund broken out between total amount, contributions from Community, Member State (national financial assistance) and producer organisations and members.

▼B

2.  The Commission shall take a decision to approve or refuse the request.

3.  Where Community reimbursement of the assistance has been approved, the eligible expenditure shall be declared to the Commission in accordance with the procedure set out in Article 5 of Commission Regulation (EC) No 883/2006 ( 31 ).



CHAPTER V

General Provisions



Section 1

Communications

Article 98

Producer organisations’ reports

1.  Producer organisations shall submit annual reports, accompanying applications for aid, on the implementation of operational programmes.

Those reports shall concern the following:

(a) operational programmes implemented during the preceding year;

(b) main amendments to operational programmes; and

(c) variances between estimated aid and aid applied for.

2.  For each operational programme implemented, the annual report shall indicate:

(a) the achievements and results of the operational programme, based on, where relevant, the common output and result indicators set out in Annex XIV and, where appropriate, additional output and result indicators set out in the national strategy; and

(b) a summary of the major problems encountered in managing the programme and any measures taken to ensure the quality and effectiveness of programme implementation.

Where relevant, the annual report shall specify what effective safeguards are in place, in accordance with the national strategy and in application of Article 9(5) of Regulation (EC) No 1182/2007, to protect the environment from possible increased pressures coming from investments supported under the operational programme.

3.  For the final year of application of an operational programme, a final report shall replace the annual report referred to in paragraph 1.

Final reports shall show to what extent the objectives pursued by the programmes have been achieved. They shall explain changes to actions and/or methods and identify factors which contributed to the success or failure of the programme's implementation, which have been or will be considered when subsequent operational programmes are drawn up, or when existing operational programmes are amended.

4.  Without prejudice to specific provisions in this Regulation, where a producer organisation fails to make a communication to the Member State as required under this Regulation or Regulation (EC) No 1182/2007 or if the communication appears incorrect in the light of objective facts in the Member State's possession, the Member State shall suspend approval for the relevant operational programme for the following year until the communication is correctly made.

The Member State shall include in its annual report referred to in Article 99(3) of this Regulation details of such cases.

Article 99

Required communications from Member States

1.  Member States shall designate a single competent authority responsible for communications between the Commission and the Member State which concern producer organisations, producer groups and associations of producer organisations. They shall notify the Commission of this designation and the contact details of the authority.

2.  Member States shall communicate to the Commission not later than 31 January the total amount of the operational fund approved that year for all operational programmes. This communication shall make clear both the total amount of the operational fund and also the total amount of Community financing of that operational fund. These figures shall be further broken down between amounts for crisis prevention and management measures and other measures.

3.  Member States shall communicate to the Commission not later than 15 November in any given year an annual report on producer organisations and producer groups and operational funds, operational programmes and recognition plans running in the previous year. The annual report shall contain in particular the information set out in Annex XIII.



Section 2

Checks

Article 100

Unique identification system

Member States shall ensure that a unique identification system applies with regard to all aid applications submitted by the same producer organisation or producer group. This identification shall be compatible with the system to record identity referred to in Article 18(1)(f) of Council Regulation (EC) No 1782/2003 ( 32 ).

Article 101

Aid applications

Without prejudice to specific provisions of this Regulation, Member States shall provide for appropriate procedures for the submission of applications for support, for requests for recognition or approval of operational programme, as well as for payment claims.

Article 102

Sampling

Where it is appropriate to carry out checks by sampling, Member States shall ensure, by their nature and frequency and on the basis of a risk analysis, that the checks are appropriate to the measure concerned.

Article 103

Administrative checks

Administrative checks shall be carried out on all applications for support or payment claims, and shall cover all possible and appropriate elements to be checked by administrative means. The procedures shall require the recording of undertaken operations, the results of the verification and the measures taken in respect of discrepancies.

Article 104

On-the-spot checks

1.  Every on-the-spot check shall be the subject of a monitoring report in order to make it possible to review the details of the checks carried out. The report shall indicate in particular:

(a) the aid scheme and the application checked;

(b) the persons present;

(c) the actions, measures and documents checked; and

(d) the results of the check.

2.  The beneficiary may be given the opportunity to sign the report to attest his presence at the check and to add observations. Where irregularities are found the beneficiary may receive a copy of the monitoring report.

3.  Advance notice of on-the-spot checks may be given, provided that the purpose of the check is not jeopardised. The advance notice should be limited to the minimum time necessary.

4.  Where possible, on-the-spot checks provided for in this Regulation and other checks provided for in Community rules regarding agricultural subsidies shall be carried out at the same time. However, in 2008, where necessary, on-the-spot checks may be carried out by different bodies at different times.

Article 105

Approval of requests for recognition and approval of operational programmes

1.  Before recognising a producer organisation under Article 4(2)(a) of Regulation (EC) No 1182/2007, Members States shall conduct an on-the-spot visit to the producer organisation prior to granting recognition to verify compliance with the conditions for recognition.

2.  Before approving an operational programme under Article 65, the competent national authority shall verify by all appropriate means, including on-the-spot checks, the operational programme submitted for approval and, if applicable, the requests for modification. These checks shall in particular concern:

(a) the accuracy of information provided pursuant to Article 61(1)(a), (b) and (e);

(b) compliance of the programmes with Article 9 of Regulation (EC) No 1182/2007 as well as with the national framework and the national strategy;

(c) the eligibility of the actions and the eligibility of the expenditure proposed;

(d) the consistency and technical quality of programmes, the soundness of the estimates and the aid plan, and the planning of its implementation. Checks shall verify whether measurable targets have been set, so that their achievement can be monitored, and whether the targets set are achievable through implementing the proposed actions; and

(e) the compliance of the operations for which support is requested with applicable national and Community rules on, in particular, and where relevant, public procurement, State aid and the other appropriate obligatory standards established by national legislation or established in the national framework or the national strategy.

Article 106

Checks on applications for aid for operational programmes

Prior to granting the payment, Member States carry out administrative checks on all applications for aid as well as on-the-spot checks by sampling.

Article 107

Administrative checks on applications for aid for operational programmes

1.  Administrative checks on applications for aid shall include in particular, and as far as this is appropriate for the claiming question, a verification of:

(a) the annual or, where applicable, the final report transmitted together with the application on the execution of the operational programme;

(b) the value of marketed production, the contributions to the operational fund and the expenditure incurred;

(c) the delivery of the products and services and the genuineness of expenditure claimed;

(d) the conformity of the actions executed with those included in the operational programme as approved; and

(e) the respect of financial or other limits and ceilings imposed.

2.  Payments financed under the operational programme shall be supported by invoices and documents proving that payment has been made. Where this cannot be done, payments shall be supported by documents of equivalent probative value. Invoices used must be established in the name of the producer organisation, association of producer organisations, producer group or subsidiary as foreseen in Article 52(7) or, subject to Member State approval, in the name of one or more of its members.

Article 108

On-the-spot checks on applications for aid for operational programmes

1.  In the context of the verification of the application for aid referred to in Article 70(1), Member States shall carry out on-the-spot checks on the producer organisations so as to ensure compliance with the conditions for grant of aid or the balance thereof for the year in question.

Such checks shall in particular concern:

(a) compliance with the recognition criteria for the year in question;

(b) the use of the operational fund in the given year including expenditure declared in claims for advance payments or partial payments; and

(c) second level checks for the expenses of market withdrawals and green harvesting and non-harvesting.

2.  The checks referred to in paragraph 1 shall relate to a significant sample of applications each year. The sample shall represent at least 30 % of the total aid amount, in Member States which have more than 10 recognised producer organisations. In other cases, each producer organisation shall be visited at least once every three years.

At least one check shall be made on each producer organisation before the payment of the aid or the balance thereof relating to the final year of its operational programme.

3.  The results of the on-the-spot checks shall be evaluated to establish whether any problems encountered are of a systemic character, entailing a risk for other similar actions, beneficiaries or bodies. The evaluation shall also identify the causes of such situations, any further examination which may be required and the necessary corrective and preventive action.

If the checks reveal significant irregularities in a region or part of a region or for a specific producer organisation, the Member State shall carry out additional checks during the year in question and shall increase the percentage of corresponding applications to be checked the following year.

4.  The Member State shall determine which producer organisations to check on the basis of a risk analysis.

The risk analysis shall in particular take account of:

(a) the amount of aid;

(b) the findings of the checks in previous years;

(c) a random element; and

(d) other parameters to be determined by Member States, in particular whether producer organisations are involved in a quality assurance programme officially recognised by the Member States or by independent certifying bodies.

Article 109

On-the-spot checks on measures of operational programmes

1.  Through the on-the-spot checks concerning the measures of operational programmes, Member States shall verify in particular the following:

(a) the implementation of the actions contained in the operational programme;

(b) that the implementation or intended implementation of the action is consistent with the use described in the operational programme as approved;

(c) for an adequate number of expenditure items, that the nature and timing of the relevant expenditure comply with Community provisions and correspond to the approved specifications;

(d) that the expenditure incurred can be supported by accounting or other documents; and

(e) the value of marketed production.

2.  The value of marketed production shall be verified on the basis of data of the accounting system required under national law.

To that end, the Member States may decide that the declaration of the value of marketed production shall be certified in the same way as the accounting data required under national law.

The check on the declaration of the value of marketed production may be carried out before the relevant application for aid is transmitted.

3.  Except in exceptional circumstances, the on-the-spot check shall include a visit to the action or, if the action is intangible, to the action promoter. In particular actions on individual holdings covered by the sample referred to in Article 108(2) shall be subject of at least one visit to verify their execution.

However, Member States may decide not to carry out such visits for smaller operations, or where they consider that the risk is low that the conditions for receiving aid are not fulfilled, or that the reality of the operation has not been respected. That decision and its justification shall be recorded.

4.  The on-the-spot check shall cover all the commitments and obligations of the producer organisation or its members which can be checked at the time of the visit.

5.  Only checks meeting all the requirements of this Article may be counted towards the fulfilment of the checking rate set out in Article 108(2).

Article 110

First-level checks on withdrawal operations

1.  Member States shall make first-level checks on withdrawal operations in each producer organisation, comprising a documentary and identity check and a physical check, where appropriate by sampling, of the weight of the products withdrawn from the market and a check on compliance with the rules in Article 77, in accordance with the procedures laid down in Chapter II of Title II. The check shall take place following receipt of the notification referred to in Article 79(1), within the deadlines provided for in Article 79(2).

2.  The first-level checks provided for in paragraph 1 shall cover 100 % of the quantity of products withdrawn from the market. At the end of this check, the withdrawn products other than those for free distribution shall be denatured or disposed of to the processing industry under the supervision of the competent authorities under the terms and conditions laid down by the Member State under Article 81.

However, where the products are for free distribution, Member States may check a smaller percentage than that set out in paragraph 2 of this Article, provided it is not less than 10 % of the quantities concerned during the marketing year. The check may take place at the producer organisation and/or at the sites of the recipients of the products. In the event that the checks reveal significant irregularities, the competent authorities shall carry out additional checks.

Article 111

Second-level checks on withdrawal operations

1.  In the framework of the checks referred to in Article 108, Member States shall make second-level checks.

Member States shall lay down criteria for analysing and evaluating the risk of any given producer organisation carrying out non-compliant withdrawal operations. Such criteria shall relate, among other things, to the findings of previous first- and second-level checks, and whether or not a producer organisation has some form of quality-assurance procedure. They shall use these criteria to determine for each producer organisation a minimum frequency of second-level checks.

2.  The checks referred to in paragraph 1 shall comprise on-the-spot checks at the premises of producer organisations and the recipients of withdrawn products, in order to ensure that the requisite conditions for payment of Community support have been complied with. These checks shall include:

(a) the specific stock and accounting records to be kept by all producer organisations which carry out one or more withdrawal operations during the marketing year concerned;

(b) verification of the quantities marketed as declared in the applications for aid, checking in particular the stock and accounting records, the invoices and, where necessary, their veracity and ensuring that the declarations tally with the accounting and/or tax data of the producer organisations concerned;

(c) checks that the accounts are correct, in particular the veracity of net receipts by the producer organisations as declared in their payment applications, the proportionality of any withdrawal costs, the entries in the accounts regarding the receipt by the producer organisations of the Community support and any amounts thereof paid on to members, ensuring that these tally; and

(d) checks on the destination of withdrawn products as declared in the payment application and checks on the appropriate denaturing to ensure that the producer organisations and recipients have complied with this Regulation.

3.  The checks referred to in paragraph 2 shall be carried out on the producer organisations concerned and the recipients associated with those organisations. Each check shall include a sample representing at least 5 % of the quantities withdrawn during the marketing year by the producer organisation.

4.  The stock and accounting records referred to in point (a) of paragraph 2 shall show, for each product withdrawn, the amounts moved, expressed in volume, of:

(a) the production delivered by members of the producer organisation and by members of other producer organisations in accordance with Article 3(3)(b) and (c) of Regulation (EC) No 1182/2007;

(b) sales by the producer organisation, broken down by products prepared for the fresh market and other types of products including raw materials for processing; and

(c) products withdrawn from the market.

5.  The checks on the destination of products referred to in point (c) of paragraph 4 shall include, in particular:

(a) a sample check on the separate accounts to be kept by recipients and, where necessary, verification that these tally with the accounts required under national law; and

(b) checks on compliance with the relevant environmental requirements;

6.  If the second-level checks reveal significant irregularities, the competent authorities shall carry out more detailed second-level checks for the marketing year concerned and shall increase the frequency of second-level checks on the producer organisations or their associations concerned during the following marketing year.

Article 112

Green harvesting and non-harvesting

1.  Before a green harvesting operation takes place, Member States shall verify by an on-the-spot check that the products concerned are not damaged and the plot has been well maintained. After green harvesting, Member State shall verify that the area concerned has been harvested in total and the harvested product has been denatured.

After the end of the harvest period, Member States shall verify the reliability of the analysis based on the expected market situation referred to in Article 86(2). They shall also analyse any differences between the expected market situation and the real market situation.

2.  Before a non-harvesting operation takes place, Member States shall verify by an on-the-spot check that the given area has been well maintained, that no partial harvest has already taken place and that the product is well developed and would in general be sound, fair and of marketable quality.

Member States shall ensure that the production is denatured. If this is not possible, they shall ensure, by an on-the-spot visit or visits during the harvest season, that no harvest takes place.

3.  Paragraphs 1, 2, 3 and 6 of Article 111 shall apply mutatis mutandis.

Article 113

Checks before approving recognition plans of producer groups

1.  Before approving a recognition plan of a producer group under Article 7(1) of Regulation (EC) No 1182/2007, Members States shall conduct an on-the-spot check on the legal entity or clearly defined part of the legal entity.

2.  The Member State shall verify by all appropriate means, including the on-the-spot check:

(a) the accuracy of the information provided in the recognition plan;

(b) the commercial consistency and the technical quality of the plan, the soundness of the estimates and the planning of its implementation;

(c) the eligibility of the actions and the eligibility and reasonableness of the expenditure proposed; and

(d) the compliance of the operations for which support is requested with applicable national and Community rules and in particular, rules on public procurement, State aid and the other appropriate obligatory standards established by national legislation or established in the national framework or the national strategy.

Article 114

Checks on applications for aid of producer groups

1.  Prior to granting payment, Member States carry out administrative checks on all applications for aid made by producer groups, as well as on-the-spot checks on by sampling.

2.  Following the submission of the application for aid referred to in Article 47, Member States shall carry out on-the-spot checks on producer groups so as to ensure compliance with the conditions for grant of aid for the year in question.

Those checks shall in particular concern:

(a) compliance with the recognition criteria for the year in question; and

(b) the value of marketed production as well as the implementation of the measures contained in the recognition plan and the expenses incurred.

3.  The checks referred to in paragraph 2 shall relate to a significant sample of applications each year. The sample shall represent at least 30 % of the total amount of aid.

All producer groups shall be checked at least once every five years.

4.  Articles 107 and 109 shall apply mutatis mutandis.

Article 115

Transnational producer organisations and transnational associationsof producer organisations

1.  The Member State in which a transnational producer organisation or a transnational association of producer organisations has its head office shall have overall responsibility for organisation of checks on that organisation or association and shall apply sanctions to it where necessary.

2.  The other Member States required to provide the administrative co-operation referred to in Article 30(2)(c) and Article 37(2)(c) shall carry out such administrative and on the spot checks as required by the Member State referred to in paragraph 1 of this Article, and report the results to them. They shall respect all deadlines set by the Member State referred to in paragraph 1.

3.  The rules applicable in the Member State referred to in paragraph 1 shall apply in relation to the producer organisation and the operational programme and operational fund. However in respect of environmental, phytosanitary questions, and in relation to the disposal of withdrawn products, the rules of the Member State where the production takes place shall apply.



Section 3

Sanctions

Article 116

Non-respect of recognition criteria

1.  Member States shall withdraw the recognition of a producer organisation if a failure to respect the criteria for recognition is substantial and results from the fact that the producer organisation acted deliberately or by serious negligence.

Member States shall in particular withdraw the recognition of a producer organisation if a failure to respect the criteria for recognition concerns:

(a) a breach of the requirements of Articles 23, 25, 28(1) and (2) or 33; or

(b) a situation where the value of marketed production falls, in two consecutive years, below the limit set by the Member State pursuant to Article 4(1)(b) of Regulation (EC) No 1182/2007.

The withdrawal of recognition under this paragraph shall take effect from the date from which the conditions for recognition were not fulfilled, subject to any applicable horizontal legislation at national level on limitation periods.

2.  Where paragraph 1 does not apply, Member States shall suspend the recognition of a producer organisation if a failure to respect the criteria for recognition is substantial but is only temporary.

During the period of suspension, no aid shall be paid. The suspension shall take effect from the day where the check has taken place and shall end on the day of the check which shows that the criteria concerned have been fulfilled.

The period of suspension shall not exceed 12 months. If the criteria concerned are subsequently not fulfilled after 12 months, recognition shall be withdrawn.

▼M5

Member States may make payments after the deadline set out in Article 71 where this is necessary in order to apply this paragraph. However, these later payments may not in any case be made later than 15 October of the second year following the year of implementation of the programme.

▼B

3.  In other cases of a failure to respect the criteria for recognition, where paragraphs 1 and 2 do not apply, Member States shall send a warning letter stating the corrective measures to be taken. Member States may delay payments of aid until the corrective measures are taken.

▼M5

Member States may make payments after the deadline set out in Article 71 where this is necessary in order to apply this paragraph. However, these later payments may not in any case be made later than 15 October of the second year following the year of implementation of the programme.

▼B

A failure to take the corrective measures within a 12 month period shall be regarded as substantial failure to respect the criteria and paragraph 2 shall subsequently be applied.

Article 117

Fraud

1.  Without prejudice to any other penalties applicable under Community and national legislation, Member States shall withdraw the recognition of a producer organisation, an association of producer organisations or a producer group if it is found to have committed fraud in respect of aid covered by Regulation (EC) No 1182/2007.

2.  Member States may suspend the recognition of a producer organisation, an association of producer organisations or a producer groups, or suspend payments to such a body if they are suspected of having committed fraud in respect of aid covered by Regulation (EC) No 1182/2007.

Article 118

Producer groups

1.  Member States shall apply, mutatis mutandis, the sanctions provided for in Article 116 and/or 119 to recognition plans.

2.  In addition to paragraph 1, if, after the end of the period set by the Member State under Article 51(4), the producer group is not recognised as producer organisation, the Member State shall recover:

(a) 100 % of the aid paid to the producer group if the failure to achieve recognition was due to the producer group acting deliberately or by serious negligence; or

(b) 50 % of the aid paid to the producer group in all other cases.

Article 119

Operational programme

1.  Payments shall be calculated on the basis of what is found eligible.

2.  The Member State shall examine the application for aid received from the beneficiary, and establish the amounts that are eligible for support. It shall establish:

(a) the amount that would be payable to the beneficiary based solely on the application;

(b) the amount that is payable to the beneficiary after an examination of the eligibility of the application.

3.  If the amount established pursuant to point (a) of paragraph 2 exceeds the amount established pursuant to point (b) of paragraph 2 by more than 3 %, a reduction shall be applied to the amount actually payable to the beneficiary. The amount of the reduction shall be the difference between the amounts calculated in points (a) and (b) of paragraph 2.

However, no reduction shall be applied if the producer organisation or producer group is able to demonstrate that it is not responsible for the inclusion of the ineligible amount.

4.  Paragraphs 2 and 3 shall apply mutatis mutandis to ineligible expenditure identified during on-the-spot checks.

5.  If the value of marketed production is declared and checked before the application for aid, a reduction shall be applied to the value of marketed production used in calculating amounts in accordance with paragraphs 2 and 3.

6.  If a beneficiary is found to have intentionally made a false declaration the operation in question shall be excluded from support of the operational programme or recognition plan and any amounts already paid for that operation shall be recovered. Moreover, the beneficiary shall be excluded, for that operation, from receiving support under the operational programme in question in the following year.

Article 120

Sanctions following first-level checks on withdrawal operations

If, following the check referred to in Article 110, irregularities are found with regard to the marketing standards or the minimum requirements referred to in Article 77, the beneficiary shall be required:

(a) to pay a penalty of the amount of the ►M10  Community contribution ◄ , calculated on the basis of the quantities of withdrawn products not in conformity with the marketing standards or minimum requirements, if those quantities are less than 10 % of the quantities notified pursuant to Article 79 for the withdrawal operation in question;

(b) to pay a penalty of the double amount of the ►M10  Community contribution ◄ , if those quantities are between 10 % and 25 % of the quantities notified; or

(c) to pay a penalty of the amount of the ►M10  Community contribution ◄ for the entire quantity notified pursuant to Article 79, where those quantities exceed 25 % of the quantity notified.

Article 121

Other sanctions applicable to producer organisations regarding withdrawal operations

1.  The sanctions referred to in Article 119 shall cover aid applied for in respect of withdrawal operations as integrated parts of operational programme expenditure.

2.  Expenditure for withdrawal operation shall be considered as ineligible if the products not put up for sale have not been disposed of as provided for by the Member State under Article 81(1) or that the withdrawal or its destination has had a negative impact on the environment or any negative phytosanitary consequences in contravention of the provisions adopted under Article 81(1).

Article 122

Sanctions applicable to recipients of withdrawn products

Where irregularities attributable to the recipients of withdrawn products are detected during checks made in accordance with Articles 110 and 111, the following sanctions shall apply:

(a) the recipients shall cease to be eligible to receive withdrawals; and

(b) recipients of products withdrawn from the market shall be obliged to repay the value of the products they received plus the related sorting, packaging and transport costs in accordance with the rules laid down by the Member States. ►M5  ————— ◄

The sanction provided for in point (a) take effect immediately and continues for at least one marketing year, and may be extended depending on the seriousness of the irregularity.

Article 123

Green harvesting and non-harvesting

1.  With regard to green harvesting, if it is found that the producer organisation has not fulfilled its obligations the producer organisation shall pay by way of penalty the amount of the compensation relating to the areas for which the obligation has not been respected. A failure to fulfil obligations shall include cases where:

(a) the Member State finds, during the verification referred to in the second subparagraph of Article 112(1), that the green harvesting measure was not justified on the basis of the analysis of the expected market situation existing at the time;

(b) the area notified for green harvesting is not eligible for green harvesting; or

(c) the area is not totally harvested or the production not denatured.

2.  With regard to non-harvesting, if it is found that the producer organisation has not fulfilled its obligations the producer organisation shall pay by way of penalty the amount of the compensation relating to the areas for which the obligation has not been respected. A failure to fulfil obligations shall include cases where:

(a) the area notified for non-harvesting is not eligible for non-harvesting;

(b) a harvest or partial harvest has nevertheless taken place; or

(c) there has been a negative impact on the environment or any negative phytosanitary consequences for which the producer organisation is responsible.

3.  The penalties in paragraphs 1 and 2 shall apply in addition to any reduction in payments made pursuant to Article 119.

Article 124

Preventing an on-the-spot check

An application for aid shall be rejected for the part of expenditure concerned if the producer organisation, the member or the relevant representative prevents an on-the-spot check from being carried out.

Article 125

Recovery of aid

Unduly paid aid shall be recovered, with interest, from the producer organisations, associations of producer organisations, producer groups or other operators concerned. The rules fixed in Article 73 of Regulation (EC) No 796/2004 ( 33 ) shall apply mutatis mutandis.

Implementation of administrative sanctions and recovery of unduly paid amounts, as provided for in this section, are without prejudice to communication of irregularities to the Commission pursuant to Commission Regulation (EC) No 1848/2006 ( 34 ).



Section 4

Monitoring and evaluation of operational programmes and of national strategies

Article 126

Common set of performance indicators

1.  Both the national strategies and the operational programmes shall be subject to monitoring and evaluation aimed at assessing the progress made towards achieving the objectives set for operational programmes, as well as efficiency and effectiveness in relation to those objectives.

2.  Progress, efficiency and effectiveness shall be assessed by means of a common set of performance indicators relating to the baseline situation as well as to the financial execution, outputs, results and impact of the operational programmes implemented.

3.  The common set of performance indicators are listed in Annex XIV to this Regulation.

4.  Where deemed appropriate by a Member State, the national strategy shall specify a limited set of additional indicators specific to that strategy, reflecting national and/or regional needs, conditions and objectives specific to the operational programmes implemented by producer organisations. Where available, additional indicators concerning environmental objectives which are not covered by common performance indicators shall be included.

Article 127

Monitoring and evaluation procedures in relation to operational programmes

1.  Producer organisations shall ensure the monitoring and evaluation of their operational programmes by making use of relevant indicators among the common set of performance indicators referred to in Article 126 and, where appropriate, of the additional indicators specified in the national strategy.

To this end they shall establish a system to collect, record and maintain information useful for the compilation of those indicators.

2.  Monitoring shall be aimed at assessing the progress made towards achieving the specific targets that have been set for the operational programme. It shall be carried out by means of financial, output and result indicators. The results of the exercise are intended to serve:

(a) to verify the quality of programme implementation;

(b) to identify any need for adjustments or review of the operational programme aimed at achieving the goals set for the programme or at improving the management of the programme, including its financial management;

(c) to contribute to meeting reporting requirements concerning the implementation of the operational programme.

Information concerning the results of the monitoring activities shall be included in each annual report, as referred to in Article 98(1), which the producer organisation is required to transmit to the National Authority in charge of the management of the national strategy.

3.  Evaluation shall take the form of a separate mid-term evaluation report.

The mid-term evaluation exercise, which may be carried out with the aid of a specialised consultancy office, shall be aimed at examining the degree of utilisation of financial resources, the efficiency and the effectiveness of the operational programme, and assessing the progress made in relation to the overall objectives of the programme. To this end, use shall be made of common indicators relating to the baseline situation, results and, where appropriate, impacts.

Where relevant, the mid-term evaluation exercise shall include a qualitative assessment of the results and the impact of the environmental actions aimed at:

(a) the prevention of soil erosion;

(b) a reduction in the use of and/or better management of plant protection products;

(c) the protection of habitats and biodiversity; or

(d) landscape conservation.

The results of the exercise shall be used:

(a) to improve the quality of the operational programmes managed by the producer organisation;

(b) to identify any need for substantive change of the operational programme;

(c) to contribute to meeting reporting requirements concerning the implementation of the operational programmes; and

(d) to draw lessons useful in improving the quality, efficiency and effectiveness of future operational programmes managed by the producer organisation.

The mid-term evaluation exercise shall be carried out during the implementation of the operational programme, in time for allowing the results of the evaluation to be considered in the preparation of the subsequent operational programme.

The mid-term evaluation report shall be annexed to the corresponding annual report referred to in Article 98(1).

Article 128

Monitoring and evaluation procedures in relation to the national strategy

1.  Monitoring and evaluation of the national strategy shall be carried out by using relevant indicators among the common set of performance indicators referred to in Article 126 and, where appropriate, additional indicators specified in the national strategy.

2.  Member States shall establish a system to collect, record and maintain information in computerised form adequate for the purpose of compiling the indicators referred to in Article 126. To this end, they shall build on the information transmitted by the producer organisation in relation to the monitoring and the evaluation of their operational programmes.

3.  Monitoring shall be on going and aimed at assessing the progress made towards achieving the objectives and the targets set for the operational programmes. It shall be carried out by means of financial, output and result indicators. To this end, use shall be made of the information provided in the annual progress reports transmitted by the producer organisation concerning the monitoring of their operational programmes. The results of the monitoring exercises shall be used:

(a) to verify the quality of the implementation of the operational programmes;

(b) to identify any need for adjustments or review of the national strategy aimed at achieving the goals set for the strategy or at improving the management of the strategy implementation, including the financial management of the operational programmes; and

(c) to contribute to meeting reporting requirements concerning the implementation of the national strategy.

4.  Evaluation shall be aimed at assessing the progress made towards the overall objectives of the strategy. It shall be carried out by means of indicators relating to the baseline situation, results and, where appropriate, impact. To this end, use shall be made of the results of the monitoring and mid-term evaluation of the operational programmes as indicated in the annual progress reports and final reports transmitted by the producer organisations. The results of the evaluation exercises shall be used:

(a) to improve the quality of the strategy;

(b) to identify any need for substantive change of the strategy; and

(c) to contribute to meeting reporting requirements concerning the implementation of national strategy.

The evaluation shall include a evaluation exercise carried out in 2012, but in time to allow its results to be included in a separate evaluation report to be annexed, in the same year, to the annual national report referred to in Article 99(3). The report shall examine the degree of utilisation of financial resources, the efficiency and effectiveness of the operational programmes implemented, and assess the effects and impact of those programmes, in relation to the objectives, targets and goals set by the strategy and, where appropriate, other objectives set in Article 9(1) of Regulation (EC) No 1182/2007. It shall be aimed at drawing lessons useful in improving the quality of future national strategies, and in particular at identify possible shortcomings in the definition of objectives, targets or measures eligible for support, or needs for defining new instruments.



CHAPTER VI

Extension of rules to producers of an economic area

Article 129

Notification of list of economic areas

Notification as provided for in the second subparagraph of Article 14(2) of Regulation (EC) No 1182/2007 of the list of economic areas shall include all the information needed to assess whether the conditions laid down in the first subparagraph of Article 14(2) of that Regulation have been complied with.

Article 130

Notification of binding rules; representativeness

1.  When a Member State notifies rules it has made binding for a given product and economic area pursuant to Article 15 of Regulation (EC) No 1182/2007, it shall inform at the same time the Commission of:

(a) the producer organisation or association of organisations which requested the extension of the rules;

(b) the number of producers who belong to that organisation or association and the total number of producers in the economic area concerned; such information shall be given in respect of the situation obtaining at the time when the application for extension is made;

(c) the total production of the economic area and the production marketed by the producer organisation or association during the last marketing year for which figures are available;

(d) the date from which the rules to be extended have applied to the producer organisation or association concerned; and

(e) the date from which the extension is to take effect and the duration of application of the extension.

2.  For the purposes of determining representativeness within the meaning of Article 14(3) of Regulation (EC) No 1182/2007, the Member States shall lay down rules excluding:

(a) producers whose production is intended essentially for direct sale to consumers on the holding or in the production area;

(b) direct sales as referred to in point (a);

(c) produce delivered for processing as referred to in Article 14(4)(b) of Regulation (EC) No 1182/2007 except where the rules in question apply entirely or partly to such produce.

Article 131

Financial contributions

Where a Member State decides, pursuant to Article 17 of Regulation (EC) No 1182/2007, that producers who do not belong to producer organisations are liable for a financial contribution, it shall forward to the Commission the information needed to assess compliance with the conditions laid down in that Article. Such information shall include in particular the basis on which the contribution is calculated and the unit amount thereof, the beneficiary or beneficiaries and the nature of the various costs referred to in points (a) and (b) of Article 21.

Article 132

Extensions beyond one marketing year

Where it is decided to apply an extension for a period exceeding one marketing year, the Member States shall verify in respect of each marketing year that the conditions with regard to representativeness laid down in Article 14(3) of Regulation (EC) No 1182/2007 continue to be complied with throughout the period of application of the extension. If they find that the conditions are no longer complied with, they shall immediately repeal the extension with effect from the beginning of the following marketing year. They shall immediately inform the Commission of any repeal, which shall make such information publicly available by means it considers appropriate.

Article 133

Produce sold on the tree; buyers

1.  In cases where producers not belonging to a producer organisation sell their produce on the tree, the buyer shall, for the purposes of compliance with the rules referred to in points 1(e), 1(f) and 3 of Annex I to Regulation (EC) No 1182/2007, be considered as having produced that produce.

2.  The Member State concerned may decide that rules listed in Annex I to Regulation (EC) No 1182/2007 other than those referred to in paragraph 1 may be made binding on buyers where they are responsible for the management of the production concerned.



TITLE IV

TRADE WITH THIRD COUNTRIES



CHAPTER I

Import licences

Article 134

Import licences for apples

▼M4

1.  The imports of apples falling within CN codes 0808 10 80 for which an import licence shall be presented are laid down in Article 1(2)(a) of Commission Regulation (EC) No 376/2008 ( 35 )

▼M19

2.  Regulation (EC) No 376/2008 shall apply to import licences issued pursuant to this Article.

▼B

3.  Importers may submit import licence applications to the competent authorities of any Member State.

They shall enter the country of origin in box 8 of licence applications and mark the word ‘yes’ with a cross.

▼M4

4.  Importers shall lodge with their application a security in accordance with Title III of Regulation (EEC) No 2220/85 guaranteeing compliance with the commitment to import during the term of validity of the import licence.

Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the import licence.

The period of validity of the import licence and the amount of the security shall be as set out in Annex II, Part I, to Regulation (EC) No 376/2008.

▼B

5.  Import licences shall be issued without delay to any applicant, irrespective of their place of establishment in the Community.

The country of origin shall be entered in box 8 of the import licence and the word ‘yes’ shall be marked with a cross.

▼M4

6.  Import licences shall be valid only for imports originating in the country indicated.

▼M19

7.  Member States shall notify the Commission, no later than 12 noon (Brussels time) each Wednesday of the quantities of apples for which import licences have been issued, including nil returns, during the previous week, broken down by third country of origin.

The notifications to the Commission under this paragraph shall be made in accordance with Commission Regulation (EC) No 792/2009 ( 36 ).

▼B



CHAPTER II

Import duties and entry price system



Section 1

Entry price system

Article 135

Scope and definitions

1.  This Section lays down the rules for the application of Article 34 of Regulation (EC) No 1182/2007.

2.  For the purposes of this Section:

(a) ‘lot’ means the goods presented under a declaration of release for free circulation, covering only goods of the same origin falling within one single combined nomenclature code; and

(b) ‘importer’ means the declarant within the meaning of Article 4(18) of Regulation (EEC) No 2913/92 ( 37 ).

Article 136

Reporting of prices

1.  For each product and for the periods set out in Part A of Annex XV, for each market day and each origin, the Member States shall communicate to the Commission, by 12 noon (Brussels time) the following working day at the latest:

(a) the average representative prices of the products imported from third countries sold on the representative import markets referred to in Article 137(1), and significant prices recorded on other markets for large quantities of imported products, or, where no prices for the representative markets are available, significant prices for imported products recorded on other markets; and

(b) the total quantities relating to the prices referred to in point (a).

Where the total quantities referred to in point (b) are less than one tonne, the corresponding prices shall not be communicated to the Commission.

2.  The prices referred to in paragraph 1(a) shall be recorded:

(a) for each of the products listed in Part A of Annex XV;

(b) for all of the available varieties and sizes; and

(c) at the importer/wholesaler stage or the wholesaler/retailer stage where no prices at the importer/wholesaler stage are available.

They shall be reduced by the following amounts:

(a) a marketing margin of 15 % for the marketing centres of London, Milan and Rungis and of 8 % for other marketing centres; and

(b) costs of transport and insurance within the customs territory of the Community.

For the costs of freight and insurance to be deducted pursuant to the second subparagraph, the Member States may fix standard amounts for deduction. Such standard amounts and the methods for calculating them shall be reported to the Commission without delay.

3.  The prices recorded in accordance with paragraph 2 shall, where they are established at the wholesaler/retailer stage, first be reduced by an amount equal to 9 % to take account of the wholesaler's trade margin, and then by an amount equal to EUR 0,7245 per 100 kilograms to take account of the costs of handling and market taxes and charges.

4.  The following shall be deemed to be representative:

(a) the prices of Class I products, provided that the quantities in that class account for at least 50 % of the total quantities marketed;

(b) the prices of Class I products plus, where products in that class account for less than 50 % of the total quantities, the prices as established of Class II products for quantities enabling 50 % of the total quantities marketed to be covered;

(c) the prices as established for Class II products, where Class I products are not available, unless it is decided to apply an adjustment coefficient to them if, as a result of the production conditions for products of the origin in question, those products are not normally and traditionally marketed in Class I as a result of their quality characteristics.

The adjustment coefficient referred to in point (c) of the first subparagraph shall be applied to prices after deduction of the amounts referred to in paragraph 2.

Article 137

Representative markets

Member States shall inform the Commission of the customary market days for the markets listed in Annex XVI which shall be deemed to be representative markets.

Article 138

Standard import values

1.  For each product and for the periods set out in Part A of Annex XV, the Commission shall fix, each working day and for each origin, a standard import value equal to the weighted average of the representative prices referred to in Article 136, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.

2.  Where a standard import value is established for the products and for the periods of application listed in Part A of Annex XV, in accordance with this Section, the unit price as referred to in Article 152(1)(a) of Commission Regulation (EEC) No 2454/93 ( 38 ) shall not apply. It shall be replaced by the standard import value referred to in paragraph 1.

3.  Where no standard import value is in force for a product of a given origin, the average of standard import values in force for that product shall apply.

4.  During the periods of application set out in Part A of Annex XV, the standard import values shall remain applicable until they are changed. They shall cease to apply, however, where no average representative price has been communicated to the Commission for seven consecutive market days.

Where, pursuant to the first subparagraph, no standard import value applies to a given product, the standard import value applicable to that product shall be equal to the last average standard import value.

5.  By way of derogation from paragraph 1, where it has not been possible to calculate a standard import value, no standard import value shall be applicable from the first day of the periods of application set out in Part A of Annex XV.

6.  The representative prices in euro shall be converted using the representative market rate calculated for the day in question.

7.  The standard import values expressed in euro shall be made publicly available by the Commission by the methods it considers appropriate.

Article 139

Entry price basis

1.  The entry price on the basis of which the products listed in Part A of Annex XV are classified in the Customs Tariff of the European Communities shall be equal, as the importer chooses:

(a) the fob price of the products in their country of origin plus the costs of insurance and freight up to the borders of the Community customs territory, where that price and those costs are known at the time the declaration of release of the products for free circulation is made. Where the aforementioned prices are higher by more than 8 % than the standard value applicable to the product in question at the time the declaration of release for free circulation is made, the importer must lodge the security referred to in Article 248(1) of Regulation (EEC) No 2454/93. For this purpose, the amount of import duty for which the products may finally be liable shall be the amount of duty which he would have paid if the product in question had been classified on the basis of the standard value concerned; or

(b) the customs value calculated in accordance with Article 30(2)(c) of Regulation (EEC) No 2913/92 applied only to the imported products in question. In that case, the duty shall be deducted as provided for in Article 138(1). In that case the importer shall lodge the security referred to in Article 248(1) of Regulation (EEC) No 2454/93, equal to the amount of duty which he would have paid if the classification of the products had been made on the basis of the standard import value applicable to the lot in question; or

(c) the standard import value calculated in accordance with Article 138 of this Regulation.

2.  The entry price on the basis of which the products listed in part B of Annex XV are classified in the customs tariff of the European Communities must be equal to, as the importer chooses:

(a) the fob price of the products in their country of origin plus the costs of insurance and freight up to the borders of the Community customs territory, where that price and those costs are known at the time the customs declaration is made. If the customs authorities deem that a security is required pursuant to Article 248 of Regulation (EEC) No 2454/93, the importer must lodge a security equal to the maximum amount of duty applicable to the product in question; or

(b) the customs value calculated in accordance with Article 30(2)(c) of Regulation (EEC) No 2913/92 applied only to the imported products in question. In that case, the duty shall be deducted as provided for in Article 138(1). In that case the importer must lodge the security referred to in Article 248 of Regulation (EEC) No 2454/93, equal to the maximum amount of duty applicable to the product in question.

3.  Where the entry price is calculated on the basis of the fob price of the products in the country of origin, the customs value shall be calculated on the basis of the relevant sale at that price.

When the entry price is calculated in accordance with one of the procedures provided for in paragraph 1(b) or (c) or paragraph 2(b), the customs value shall be calculated on the same basis as the entry price.

4.  The importer shall have one month from the sale of the products in question, subject to a limit of four months from the date of acceptance of the declaration of release for free circulation, to prove that the lot was disposed of under the conditions confirming the correctness of the prices referred to in the second subparagraph of paragraph 1(a) or paragraph 2(a), or to determine the customs value referred to in paragraph 1(b) and paragraph 2(a). Failure to meet one of these deadlines shall entail the loss of the security lodged, without prejudice to the application of paragraph 5.

The security lodged shall be released to the extent that proof of the conditions of disposal is provided to the satisfaction of the customs authorities.

Otherwise the security shall be forfeit by way of payment of the import duties.

5.  The time limit of four months referred to in paragraph 4 may be extended by the competent authorities by a maximum of three months at the request of the importer, which must be duly justified.

6.  If on verification the competent authorities establish that the requirements of this Article have not been met, they shall recover the duty due in accordance with Article 220 of Regulation (EEC) No 2913/92. The amount of the duty to be recovered or remaining to be recovered shall include interest from the date the goods were released for free circulation up to the date of recovery. The interest rate applied shall be that in force for recovery operations under national law.



Section 2

Additional import duties

Article 140

Scope and definitions

1.  Additional import duty as referred to in Article 35(1) of Regulation (EC) No 1182/2007, hereinafter ‘additional duty’, may be applied to the products and during the periods listed in Annex XVII on the conditions set out in this Section.

2.  Trigger levels for the additional duties are listed in Annex XVII.

Article 141

Reporting of volumes

1.  For each of the products listed in Annex XVII and during the periods indicated Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 308d of Regulation (EEC) No 2454/93.

Such notification shall take place no later than 12 noon Brussels time each Wednesday for the volumes put into free circulation during the preceding week.

2.  Declarations for release for free circulation of products covered by this Section which the customs authorities may accept at the declarant's request without their containing certain particulars referred to in Annex 37 of Regulation (EEC) No 2454/93 shall contain, in addition to the particulars referred to in Article 254 of that Regulation, an indication of the net mass (kg) of the products concerned.

Where the simplified declaration procedure referred to in Article 260 of Regulation (EEC) No 2454/93 is used to put into free circulation products covered by this Section, the simplified declarations shall contain, in addition to other requirements, an indication of the net mass (kg) of the products concerned.

Where the local clearance procedure referred to in Article 263 of Regulation (EEC) No 2454/93 is used to put into free circulation products covered by this Section, the notification to the customs authorities referred to in Article 266(1) of that Regulation shall contain all necessary data for the identification of the goods, as well as an indication of the net mass (kg) of the products concerned.

Article 266(2b) shall not apply to imports of the products covered by this Section.

Article 142

Levying of additional duty

1.  If it is found that, for one of the products and one of the periods listed in Annex XVII, the quantity put into free circulation exceeds the corresponding triggering volume the Commission shall levy an additional duty unless the imports are unlikely to disturb the Community market, or the effects would be disproportionate to the intended objective.

2.  The additional duty shall be levied on quantities put into free circulation after the date of application of that duty, provided that:

(a) their tariff classification determined in accordance with Article 139 entails application of the highest specific duties applicable to imports of the origin in question;

(b) importation is effected during the period of application of the additional duty.

Article 143

Amount of additional duty

The additional duty imposed under Article 142 shall be one third of the customs duty applicable to the given product in accordance with the Common Customs Tariff.

However, for imports benefiting from a tariff preference as to ad valorem duty the additional duty shall be one third of the specific duty on the product in so far as Article 142(2) applies.

Article 144

Exemptions from additional duty

1.  The following are exempt from additional duty:

(a) goods imported against the tariff quotas listed in Anne VII to the combined nomenclature;

(b) goods en route to the Community as defined in paragraph 2.

2.  Goods shall be considered to be en route to the Community if they:

(a) left the country of origin before the decision to impose additional duty; and

(b) are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Community, drawn up before imposition of additional duty.

3.  Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 2 are met.

However, these authorities may deem that goods left their country of origin before the date of imposition of additional duty if one of the following documents is provided:

(a) for sea transport, the bill of lading showing that loading took place before that date;

(b) for rail transport, the waybill accepted by the rail authorities of the country of origin before that date;

(c) for road transport, the road carriage contract (CMR) or another transit document made out in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Community transit or common transit are observed;

(d) for air transport, the air way bill showing that the airline accepted the goods before that date.



TITLE V

GENERAL, REPEALING, TRANSITIONAL AND FINAL PROVISIONS

Article 145

Checks

Without prejudice to specific provisions of this Regulation or other Community legislation, Member States shall introduce checks and measures in so far as they are necessary to ensure the proper application of Regulation (EC) No 1182/2007 and this Regulation. They shall be effective, proportionate and dissuasive so that they provide adequate protection for the Communities’ financial interests.

In particular, they shall ensure that:

(a) all eligibility criteria established by Community or national legislation or the national framework or the national strategy can be checked;

(b) the competent authorities responsible for carrying out checks have a sufficient number of suitably qualified and experienced staff to carry out the checks effectively; and

(c) provision is made for checks to avoid irregular duplicated financing of measures under this Regulation and other Community or national schemes.

Article 146

National sanctions

Without prejudice to any sanctions set out in this Regulation or Regulation (EC) No 1182/2007, Member States shall provide for the application of sanctions at national level in relation to irregularities committed in respect of requirements set out in this Regulation and Regulation (EC) No 1182/2007 which are effective, proportionate and dissuasive so that they provide adequate protection for the Communities’ financial interests.

Article 147

Artificially created situations

Without prejudice to any specific measures set out in this Regulation or Regulation (EC) No 1182/2007, no payment shall be made in favour of beneficiaries for whom it is established that they artificially created the conditions required for obtaining such payments with a view to obtaining an advantage contrary to the objectives of the support scheme concerned.

Article 148

Communications

1.  Without prejudice to any specific provisions of this Regulation, all communications to be made by Member States to the Commission under this Regulation shall be made by the means and in the format specified by the Commission.

Communications not made by the specified means and in the specified format may be considered as not made at all, without prejudice to paragraph 3.

2.  Without prejudice to any specific provisions of this Regulation. Member States shall take all measures necessary to ensure that they are able to meet the deadlines for communications set out in this Regulation.

3.  If a Member State fails to make a communication as required under this Regulation or Regulation (EC) No 1182/2007 or if the communication appears incorrect in the light of objective facts in the Commission's possession, the Commission may suspend part or all of the monthly payments referred to in Article 14 of Council Regulation (EC) No 1290/2005 ( 39 ) as regards the fruit and vegetables sector until the communication is correctly made.

Article 149

Obvious errors

Any communication, claim or request made to a Member State under this Regulation or Regulation (EC) No 1182/2007, including an aid application, may be adjusted at any time after its submission in cases of obvious errors recognised by the competent authority.

Article 150

Force majeure and exceptional circumstances

Where, under this Regulation or Regulation (EC) No 1182/2007, a sanction is to be imposed or a benefit or recognition is to be withdrawn, the sanction shall not be imposed or the withdrawal made in cases of force majeure or exceptional circumstances within the meaning of Article 40(4) of Regulation (EC) No 1782/2003.

However, the case of force majeure shall be notified, with relevant evidence to the satisfaction of the competent authority, to the authority within 10 working days of the date on which the person concerned is in a position to do so.

Article 151

Repeals

Regulations (EC) No 3223/94, (EC) No 1555/96, (EC) No 961/1999, (EC) No 544/2001, (EC) No 1148/2001, (EC) No 2590/2001, (EC) No 1791/2002, (EC) No 2103/2002, (EC) No 48/2003, (EC) No 606/2003, (EC) No 761/2003, (EC) No 1432/2003, (EC) No 1433/2003, (EC) No 1943/2003, (EC) No 103/2004, (EC) No 1557/2004, (EC) No 179/2006, (EC) No 430/2006, (EC) No 431/2006, and (EC) No 1790/2006 are hereby repealed.

However, the repealed Regulations shall continue to apply, where appropriate, for the purposes of Article 55(1) of Regulation (EC) No 1182/2007.

Article 152

Transitional provisions

1.  Notwithstanding Article 2 of this Regulation, solely for the purposes of the application of Article 55(1) of Regulation (EC) No 1182/2007, the definitions of marketing years for the products listed in Article 1(2) of Regulation (EC) No 2201/96, existing before the entry into force of this Regulation shall apply.

2.  The rules for the approval of all operational programmes submitted in 2007 shall be those applicable immediately prior to the date of application of this Regulation.

Operational programmes to which benefit from point (a) of Article 55(3) of Regulation (EC) No 1182/2007 may continue to run until their end provided they comply with the rules applicable prior to the date of application of this Regulation.

By way of derogation from Articles 66 and 67 of this Regulation, Member States may adopt any necessary provisions to permit producer organisations to amend their operational programmes as soon as possible after the entry into force of this Regulation in order to apply points (b) and (c) of Article 55(3) of Regulation (EC) No 1182/2007.

▼M1

Member States may provide that the expenditure on one or more of the crisis prevention and management measures on market withdrawal, promotion and communication and training which are carried out in 2008 by a producer organisation shall be eligible even if the operational programme has not yet been amended to cover the measures concerned. In order for such expenditure to be eligible:

(a) the Member State shall ensure that its national strategy adopted in 2008 in accordance with this Regulation covers the measures concerned,

(b) in 2008 the operational programme shall be amended in accordance with this Regulation to cover the measures concerned before an application is made for payment of the related aid; and

(c) the measures and any checks on those measures shall comply with this Regulation.

Member States may provide that an amendment to a measure in an existing operational programme made under Article 55(3)(b) of Regulation (EC) No 1182/2007 covers the expenditure on operations which are carried out in 2008 even before that amendment is made, provided that the requirements of points (a), (b) and (c) of the fourth subparagraph are respected.

▼B

3.  For the purposes of Article 55(6) of Regulation (EC) No 1182/2007, the rules on the minimum characteristics of the raw material supplied for processing and minimum quality requirements for finished products which shall remain applicable in respect of the raw materials harvested in the territory of Member States which make use of the transitional arrangement under Article 68b or Article 143bc of Regulation (EC) No 1782/2003 shall be, in addition to any relevant marketing standards as referred to in Article 2 of Regulation (EC) No 1182/2007, those contained in the Commission Regulations listed in Annex XVIII.

▼M5

4.  By way of derogation from Article 47(2) of this Regulation, producers groups which are implementing recognition plans to which Article 55(4) of Regulation (EC) No 1182/2007 applies and which are not broken into semestrial periods may submit applications for aid covering semestrial periods. Such applications may cover only semestrial periods corresponding to the yearly segments which started before 2008.

5.  By way of derogation from Article 96, in respect of operational programmes implemented in 2007, additional financial assistance to operational funds shall be financed by EAGF at a level of 50 % of the financial assistance granted to the producer organisation.

6.  Recognition plans accepted under Regulation (EC) No 2200/96 which continue to benefit from acceptance pursuant to Article 55(4) of Regulation (EC) No 1182/2007 for producer groups not in Member States which acceded to the Community on 1 May 2004 or after that date and not in the outermost regions of the Community as referred to in Article 299(2) of the Treaty or in the smaller Aegean islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006 shall be financed at the rates set out in Article 7(5)(b) of Regulation (EC) No 1182/2007.

Recognition plans accepted under Regulation (EC) No 2200/96 which benefitted from Article 14(7) of that Regulation and continue to benefit from acceptance pursuant to Article 55(4) of Regulation (EC) No 1182/2007 shall be financed at the rates set out in Article 7(5)(a) of Regulation (EC) No 1182/2007.

7.  Payments of Community withdrawal compensation and related checks which concern 2007 withdrawals but which were not yet made by 31 December 2007 may nevertheless be made after that date in accordance with Title IV of Regulation (EC) No 2200/96 as it existed at that date.

8.  Where, in respect of an application for aid submitted for operational programmes implemented in 2007 or before, and in relation to acts or omissions which occurred in that period, a sanction would apply under Section 3 of Chapter V of Title III but a less severe sanction or no sanction would have applied under the legislation in force at the time, then that less severe sanction, or as the case may be, no sanction, shall apply.

▼M10

9.  By way of derogation from the third subparagraph of Article 65(2) of this Regulation, the Member States may, for duly justified reasons, take a decision on the 2009 operational programmes and funds by 1 March 2009 at the latest. The approval decision may stipulate that expenditure is eligible from 1 January 2009 onwards.

10.  By way of derogation from Article 99(2) of this Regulation, Member States, who postponed decisions on the 2009 operational programmes, pursuant to the previous paragraph, shall communicate to the Commission by 31 January 2009 an estimate of the amount of the operational fund for the year 2009 for all operational programmes. This communication shall make clear both the total amount of the operational fund and also the total amount of Community financing of that operational fund. These figures shall be further broken down between amounts for crisis prevention and management measures and other measures.

The Member States referred to in the previous subparagraph shall communicate to the Commission the final approved amount of the operational fund for the year 2009 for all operational programmes, including the breakdown as indicated above, by 15 March 2009.

▼M13

11.  By way of derogation from Article 44(1) of this Regulation, the calculation of value of marketed production of the producer groups referred to in Article 203a(4) of Regulation (EC) No 1234/2007 shall for the sales realised in 2007, 2008 and 2009 include aids received on the basis of Commission Regulations (EC) No 1621/1999 ( 40 ), (EC) No 1622/1999 ( 41 ), (EC) No 1535/2003 ( 42 ) and (EC) No 2111/2003 ( 43 ).

As regards producer groups in Member States which acceded to the European Union on 1 May 2004 or thereafter with annual segments of recognition plans that started in 2007 and end in 2008, the annual support referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 is calculated as the sum of the value of sales invoiced in the relevant part of 2007 multiplied by the rate relevant for the annual segment considered and the value of sales invoiced in 2008 multiplied by the new rate relevant for the annual segment considered.

12.  By way of derogation from Article 47(1) of this Regulation, the producer groups referred to in Article 203a(4) of 1234/2007 may submit a separate application for the aid referred to in Article 103a(1)(a) of that Regulation for the processing aids received on the basis of Regulations (EC) No 1621/1999, (EC) No 1622/1999, (EC) No 1535/2003 and (EC) No 2111/2003 for marketing years 2006/2007 and 2007/2008 if they were not taken into account in earlier applications.

13.  By way of derogation from Article 53 of this Regulation, where producer organisations have produced culinary herbs that are listed in Part IX of Annex I to Regulation (EC) No 1234/2007, namely saffron; thyme, fresh or chilled; basil; melissa; mint; origanum vulgare (oregano/wild marjoram); rosemary and sage, fresh or chilled, in 2008 and 2009, the value of the marketed production for those products for operational programmes implemented in those years shall be calculated as the actual value of the marketed production for the 12 month-period in which the operational programme was implemented.

▼B

Article 153

Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

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

▼M8




ANNEX I

MARKETING STANDARDS REFERRED TO IN ARTICLE 2a

PART A

GENERAL MARKETING STANDARD

1.   Minimum quality requirements

Subject to the tolerances allowed, the products shall be:

 intact,

 sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

 clean, practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests affecting the flesh,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

The condition of the products must be such as to enable them:

 to withstand transport and handling,

 to arrive in satisfactory condition at the place of destination.

2.   Minimum maturity requirements

The products must be sufficiently developed and display satisfactory ripeness.

The development and state of maturity of the products must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness.

3.   Tolerance

A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be permitted in each lot. This tolerance shall not however cover product affected by rotting or any other deterioration rendering it unfit for consumption.

4.   Marking of origin of produce

Full name of the country of origin. For products originating in a Member State this shall be in the language of the country of origin or any other language understandable by the consumers of the country of destination. For other products, this shall be in any language understandable by the consumers of the country of destination.

PART B

SPECIFIC MARKETING STANDARDS

PART 1:   MARKETING STANDARD FOR APPLES

I.   DEFINITION OF PRODUCE

This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the consumer, apples for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of apples, after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, apples must be:

 intact,

 sound, produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

In addition, they must have been carefully picked.

The development and condition of the apples must be such as to enable them:

 to continue their maturing process and to reach the degree of maturity required in relation to the varietal characteristics ( 44 ) ( 45 ),

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

B.   Classification

Apples are classified in three classes defined below.

(i)   ‘Extra’ class

Apples in this class must be of superior quality. In shape, size and colouring, they must be characteristic of the variety ( 46 ) and with the stalk which must be intact.

The flesh must be perfectly sound.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii)   Class I

Apples in this class must be of good quality. In shape, size and colouring, they must be characteristic of the variety (46) .

The flesh must be perfectly sound.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 a slight defect in shape,

 a slight defect in development,

 a slight defect in colouring,

 slight skin defects which must not extend over more than:

 

 2 cm in length for defects of elongated shape,

 1 cm2 of total surface area for other defects, with the exception of scab (Venturia inaequalis), which must not extend over more than 0,25 cm2 of total surface area,

 slight bruising not exceeding 1 cm2 of total surface area and not discoloured.

The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.

(iii)   Class II

This class includes apples which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above (46) .

The flesh must be free from major defects.

The following defects are allowed provided the fruit retains its essential characteristics as regards the quality, the keeping quality and presentation:

 defects in shape,

 defects in development,

 defects in colouring,

 skin defects which must not extend over more than:

 

 4 cm in length for defects of elongated shape,

 2,5 cm2 of total surface area for other defects, with the exception of scab (Venturia inaequalis), which must not extend over more than 1 cm2 of total surface area,

 slight bruising not exceeding 1,5 cm2 of total surface area which may be slightly discoloured.

III.   PROVISIONS CONCERNING SIZING

Size is determined either by the maximum diameter of the equatorial section or by weight.

For all varieties and for all classes the minimum size is 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes may be accepted, if the Brix level of the produce is greater than or equal to 10,5° Brix and the size is not smaller than 50 mm or 70 g.

To ensure there is uniformity of size within the package:

(a) for fruit sized according to the diameter, the difference in diameter between fruit in the same package shall be limited to:

 5 mm for ‘Extra’ Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 10 mm, and

 10 mm for Class I fruit packed loose in the package or sales packages. However, for apples of the varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to 20 mm, or

(b) for fruit sized according to weight, the difference in weight between fruit in the same package shall be limited to:

 20 % of the average individual fruit weight in the package for ‘Extra’ Class fruit and for Classes I and II fruit packed in rows and layers, and

 25 % of the average individual fruit weight in the package for Class I fruit packed loose in the package or in consumer packages.

There is no sizing uniformity requirement for Class II fruit packed loose in the package or in consumer packages.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

(i)   ‘Extra’ class

5 % by number or weight of apples not satisfying the requirements of the class, but meeting those of Class I or, exceptionally, coming within the tolerances of that class.

(ii)   Class I

10 % by number or weight of apples not satisfying the requirements of the class, but meeting those of Class II, or exceptionally, coming within the tolerances of that class.

(iii)   Class II

10 % by number or weight of apples satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit for consumption.

Within this tolerance, a maximum of 2 % number or weight of fruit is allowed which shows the following defects:

 serious attacks of cork (bitter pit) or water-core,

 slight damage or unhealed cracks,

 very slight traces of rot,

 presence of internal feeding pests and/or damage to the flesh caused by pests.

B.   Size tolerances

For all classes:

For all classes: a total tolerance of 10 per cent, by number or weight, of fruit not satisfying the requirements as regards sizing is allowed. This tolerance may not be extended to include produce with a size:

 5 mm or more below the minimum diameter when size is determined by diameter,

 10 g or more below the minimum weight when size is determined by weight.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only apples of the same origin, variety, quality and size (if sized) and the same degree of ripeness.

In the case of the ‘Extra’ class, uniformity also applies to colouring.

Sales packages of a net weight not exceeding 5 kg may contain mixtures of apples of different varieties, provided they are uniform in quality and, for each variety concerned, in origin, size (if sized) and degree of ripeness.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

C.   Presentation

For ‘Extra’ class, fruit must be packed in layers.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations);

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 ‘Apples’ if the contents are not visible from the outside

 Name of the variety or varieties where appropriate.

 In the case of sales packages containing a mixture of apples of different varieties, names of each of the different varieties in the package.

C.   Origin of produce

Country of origin and, optionally, district where grown, or national, regional or local place name

 In the case of sales packages containing a mixture of varieties of apples of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D.   Commercial specifications

 Class

 Size or, for fruit packed in layers, number of units.

If identification is by the size, this should be expressed:

(a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and maximum weight;

(b) for produce not subject to the uniformity rules, the diameter or the weight of the smallest fruit in the package followed by ‘and over’ or ‘+’ or equivalent denomination or, where applicable, followed by the diameter or weight of the largest fruit.

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix

1.   Colouring criteria, colouring groups and codes



Colouring group

A

(Red varieties)

B

(Mixed red colouring varieties)

C

(Striped slightly coloured varieties)

D

(Other varieties)

Total surface area of red colouring characteristic of the variety

Total surface area of mixed red colouring characteristic of the variety

Total surface area of slightly red coloured, blushed or striped characteristic of the variety

Extra class

3/4

1/2

1/3

No requirement as to red colouring

Class I

1/2

1/3

1/10

Class II

1/4

1/10

2.   Russeting criteria

  Group R: Varieties for which russeting is a characteristic of the skin and is not a defect if it corresponds to the typical appearance of the variety.

 For varieties not marked with an ‘R’ in the list below, russeting is allowed within the following limits:

 



 

‘Extra’ class

Class I

Class II

Tolerance for Class II

(i)  Brown patches

— not outside the stem cavity

— may go slightly beyond the stem or pistil cavities

— may go beyond the stem or pistil cavities

— fruit not seriously detracting from the appearance and condition of the package

— not rough

— not rough

— slightly rough

 

(ii)  Russeting

 

Maximum surface area of the fruit permitted

 

— thin net-like russeting (not contrasting strongly with the general colouring of the fruit)

— slight and isolated traces of russeting not altering the general appearance of the fruit or of the package

1/5

1/2

— fruit not seriously detracting from the appearance and condition of the package

— heavy

— none

1/20

1/3

— fruit not seriously detracting from the appearance and condition of the package

— cumulative defects (with the exception of the brown patches which are excluded from these cumulative defects). In no case may thin russeting and heavy russeting taken together exceed a maximum of:

1/5

1/2

— fruit not seriously detracting from the appearance and condition of the package

3.   Non-exhaustive list of apple varieties classified according to their colouring and russeting criteria

Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.



Varieties

Synonyms

Colour group

Russeting

African Red

 

B

 

Akane

Tohoku 3

B

 

Alborz Seedling

 

C

 

Aldas

 

B

 

Alice

 

B

 

Alkmene

Early Windsor

C

 

Alwa

 

B

 

Angold

 

C

 

Apollo

Beauty of Blackmoor

C

 

Arkcharm

Arkansas No 18, A 18

C

 

Arlet

 

B

R

Aroma

 

C

 

Red coloured mutants of Aroma, for example Aroma Amorosa

 

B

 

Auksis

 

B

 

Belfort

Pella

B

 

Belle de Boskoop and mutants

 

D

R

Belle fleur double

 

D

 

Berlepsch

Freiherr von Berlepsch

C

 

Berlepsch rouge

Red Berlepsch, Roter Berlepsch

B

 

Blushed Golden

 
 
 

Bohemia

 

B

 

Boskoop rouge

Red Boskoop, Roter Boskoop

B

R

Braeburn

 

B

 

Red coloured mutants of Braeburn, for example:

 

A

 

Hidala

 
 
 

Joburn

 
 
 

Lochbuie Red Braeburn

 
 
 

Mahana Red

 
 
 

Mariri Red

 
 
 

Redfield

 
 
 

Royal Braeburn

 
 
 

Bramley's Seedling

Bramley, Triomphe de Kiel

D

 

Brettacher Sämling

 

D

 

Calville (group of …)

 

D

 

Cardinal

 

B

 

Carola

Kalco

C

 

Caudle

 

B

 

Charden

 

D

 

Charles Ross

 

D

 

Civni

 

B

 

Coromandel Red

Corodel

A

 

Cortland

 

B

 

Cox's orange pippin and mutants

Cox Orange

C

R

Red coloured mutants of Cox's Orange Pippin for example:

 

B

R

Cherry Cox

 
 
 

Crimson Bramley

 

D

 

Cripps Pink

 

C

 

Cripps Red

 

(1)

 

Dalinbel

 

B

 

Delblush

 

D

 

Delcorf and mutants, for example:

Dalili

Monidel

 

C

 

Delgollune

 

B

 

Delicious ordinaire

Ordinary Delicious

B

 

Deljeni

 

D

 

Delikates

 

B

 

Delor

 

C

 

Discovery

 

C

 

Dunn's Seedling

 

D

R

Dykmanns Zoet

 

C

 

Egremont Russet

 

D

R

Elan

 

D

 

Elise

Red Delight

A

 

Ellison's orange

Ellison

C

 

Elstar and mutants, for example:

 

C

 

Daliter

 
 
 

Elshof

 
 
 

Elstar Armhold

 
 
 

Elstar Reinhardt

 
 
 

Red coloured mutants of Elstar, for example:

 

B

 

Bel-El

 
 
 

Daliest

 
 
 

Goedhof

 
 
 

Red Elstar

 
 
 

Valstar

 
 
 

Empire

 

A

 

Falstaff

 

C

 

Fiesta

Red Pippin

C

 

Florina

 

B

 

Fortune

 

D

R

Fuji and mutants

 

B

 

Gala

 

C

 

Red coloured mutants of Gala, for example:

 

A

 

Annaglo

 
 
 

Baigent

 
 
 

Galaxy

 
 
 

Mitchgla

 
 
 

Obrogala

 
 
 

Regala

 
 
 

Regal Prince

 
 
 

Tenroy

 
 
 

Garcia

 

D

 

Gloster

 

B

 

Goldbohemia

 

D

 

Golden Delicious and mutants

 

D

 

Golden Russet

 

D

R

Goldrush

Coop 38

D

 

Goldstar

 

D

 

Gradigold

 

D

 

Granny Smith

 

D

 

Gravenstein rouge

Red Gravenstein, Roter Gravensteiner

B

 

Gravensteiner

Gravenstein

D

 

Greensleeves

 

D

 

Holsteiner Cox and mutants

Holstein

D

R

Holstein rouge

Red Holstein, Roter Holsteiner Cox

C

R

Honeycrisp

 

C

 

Honeygold

 

D

 

Horneburger

 

D

 

Howgate Wonder

Manga

D

 

Idared

 

B

 

Ingrid Marie

 

B

R

Isbranica

Izbranica

C

 

Jacob Fisher

 

D

 

Jacques Lebel

 

D

 

Jamba

 

C

 

James Grieve and mutants

 

D

 

James Grieve rouge

Red James Grieve

B

 

Jarka

 

C

 

Jerseymac

 

B

 

Jester

 

D

 

Jonagold (2) and mutants, for example:

 

C

 

Crowngold

 
 

Daligo

 
 

Daliguy

Jonasty

 

Dalijean

Jonamel

 

Jonagold 2000

Excel

 

Jonabel

 
 

Jonabres

 
 

King Jonagold

 
 

New Jonagold

Fukushima

 

Novajo

Veulemanns

 

Schneica

 
 

Wilmuta

 
 

Jonagored and mutants, for example:

 

A

 

Decosta

 
 

Jomured

Van de Poel

 

Jonagold Boerekamp

 
 

Jomar

 
 

Jonagored Supra

 
 

Jonaveld

 
 

Primo

 
 

Romagold

Surkijn

 

Rubinstar

 
 

Red Jonaprince

 
 

Jonalord

 

C

 

Jonathan

 

B

 

Julia

 

B

 

Jupiter

 

D

 

Karmijn de Sonnaville

 

C

R

Katy

Katja

B

 

Kent

 

D

R

Kidd's orange red

 

C

R

Kim

 

B

 

Koit

 

C

 

Krameri Tuvioun

 

B

 

Kukikovskoje

 

B

 

Lady Williams

 

B

 

Lane's Prince Albert

 

D

 

Laxton's Superb

Laxtons Superb

C

R

Ligol

 

B

 

Lobo

 

B

 

Lodel

 

A

 

Lord Lambourne

 

C

 

Maigold

 

B

 

Mc Intosh

 

B

 

Meelis

 

B

 

Melba

 

B

 

Melodie

 

B

 

Melrose

 

C

 

Meridian

 

C

 

Moonglo

 

C

 

Morgenduft

Imperatore

B

 

Mountain Cove

 

D

 

Mutsu

 

D

 

Normanda

 

C

 

Nueva Europa

 

C

 

Nueva Orleans

 

B

 

Odin

 

B

 

Ontario

 

B

 

Orlovskoje Polosatoje

 

C

 

Ozark Gold

 

D

 

Paula Red

 

B

 

Pero de Cirio

 

D

 

Piglos

 

B

 

Pikant

 

B

 

Pikkolo

 

C

 

Pilot

 

C

 

Pimona

 

C

 

Pinova

 

C

 

Pirella

 

B

 

Piros

 

C

 

Rafzubex

 

A

 

Rafzubin

 

C

 

Rajka

 

B

 

Rambour d'hiver

 

D

 

Rambour Franc

 

B

 

Reanda

 

B

 

Rebella

 

C

 

Red Delicious and mutants, for example:

 

A

 

Campsur

Erovan

Evasni

Flatrar

Fortuna Delicious

Otago

Red King

Red Spur

Red York

Richared

Royal Red

Sandidge

Shotwell Delicious

Stark Delicious

Starking

Starkrimson

Starkspur

Topred

Trumdor

Well Spur

Red Dougherty

 

A

 

Red Rome

 

A

 

Redkroft

 

A

 

Regal

 

A

 

Regina

 

B

 

Reglindis

 

C

 

Reine des Reinettes

Goldparmäne, Gold Parmoné

C

 

Reineta Encarnada

 

B

 

Reinette Rouge du Canada

 

B

 

Reinette d'Orléans

 

D

 

Reinette Blanche du Canada

Reinette du Canada, Canada Blanc, Kanadarenette, Renetta del Canada

D

R

Reinette de France

 

D

 

Reinette de Landsberg

 

D

 

Reinette grise du Canada

Graue Kanadarenette

D

R

Relinda

 

C

 

Remo

 

B

 

Renora

 

B

 

Resi

 

B

 

Resista

 

D

 

Retina

 

B

 

Rewena

 

B

 

Roja de Benejama

Verruga, Roja del Valle, Clavelina

A

 

Rome Beauty

Belle de Rome, Rome

B

 

Rosana

Berner Rosenapfel

B

 

Royal Beaut

 

A

 

Rubin

 

C

 

Rubinola

 

B

 

Sciearly

 

A

 

Scifresh

 

B

 

Sciglo

 

A

 

Sciray

GS48

A

 

Scired

 

A

R

Sciros

 

A

 

Selena

 

B

 

Shampion

 

B

 

Sidrunkollane Talioun

 

D

 

Sinap Orlovskij

Orlovski Sinap

D

 

Snygold

Earlygold

D

 

Sommerregent

 

C

 

Spartan

 

A

 

Splendour

 

A

 

St. Edmunds Pippin

 

D

R

Stark's Earliest

 

C

 

Štaris

Staris

A

 

Sturmer Pippin

 

D

R

Sügisdessert

 

C

 

Sügisjoonik

 

C

 

Summerred

 

B

 

Sunrise

 

A

 

Sunset

 

D

R

Suntan

 

D

R

Sweet Caroline

 

C

 

Talvenauding

 

B

 

Tellisaare

 

B

 

Tiina

 

B

 

Topaz

 

B

 

Tydeman's Early Worcester

Tydeman's Early

B

 

Veteran

 

B

 

Vista Bella

Bellavista

B

 

Wealthy

 

B

 

Worcester Pearmain

 

B

 

York

 

B

 

Zarja Alatau

Zarya Alatau

D

 

(1)   At least 20 % red in Class I and Class II.

(2)   However, for the variety Jonagold, at least one-tenth surface of the fruit in Class II must be streaked with red colouring.

PART 2:   MARKETING STANDARD FOR CITRUS FRUITS

I.   DEFINITION OF PRODUCE

This standard applies to the following fruit, classified as ‘citrus fruit’, to be supplied fresh to the consumer, citrus fruit for industrial processing being excluded:

 lemons of varieties (cultivars) grown from the species Citrus limon (L.) Burm. f.,

 mandarins of varieties (cultivars) grown from the species Citrus reticulata Blanco, including satsumas (Citrus unshiu Marcow.), clementines (Citrus clementina Hort. ex Tan.), common mandarins (Citrus deliciosa Ten.) and tangerines (Citrus tangerina Hort. ex Tan.) grown from these species and its hybrids, hereinafter called ‘mandarins’,

 oranges of varieties (cultivars) grown from the species Citrus sinensis (L.) Osb.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of the citrus fruit after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the citrus fruit must be:

 intact,

 free of bruising and/or extensive healed over cuts,

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests,

 free of signs of internal shrivelling,

 free of damage caused by low temperature or frost,

 free of all abnormal external moisture,

 free of any foreign smell and/or taste.

The citrus fruit must have been carefully picked and have reached an appropriate degree of development and ripeness account being taken of criteria proper to the variety, the time of picking and the growing area.

The development and state of ripeness of the citrus fruit must be such as to enable them:

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

Citrus fruit meeting the ripeness requirements of this Annex may be ‘degreened’. This treatment is permitted only if the other natural organoleptic characteristics are not modified.

B.   Maturity requirements

Maturity of citrus fruit is defined by the following parameters specified for each specie below:

1. Minimum juice content

2. Colouring

The degree of colouring shall be such that, following normal development the citrus fruit reach the colour typical of the variety at their destination point.

(i)   Lemons

 Minimum juice content:

 



— Verdelli and Primofiore lemons:

20 %

— Other lemons:

25 %

 Colouring: must be typical of the variety. However fruits with a green (but not dark green) colour are allowed provided they satisfy the minimum requirements as to juice content.

(ii)   Mandarins

 Minimum juice content:

 



— Mandarins, excluding Clementines:

33 %

— Clementines:

40 %

 Colouring: must be typical of the variety on at least one third of the surface of the fruit.

(iii)   Oranges

Colouring must be typical of the variety. Fruits with light green colour are allowed, provided it does not exceed one fifth of the total surface of the fruit. Fruits must show the following minimum juice content:



— Blood oranges:

30 %

— Navels group:

33 %

— Other varieties:

35 %

However, oranges produced in areas with high air temperatures and high relative humidity conditions during the developing period can be of a green colour exceeding one fifth of the total surface area, provided they satisfy the following minimum juice content:



— Varieties Mosambi, Sathgudi and Pacitan:

33 %

— Other varieties:

45 %

C.   Classification

Citrus fruit are classified in three classes defined below:

(i)   ‘Extra’ Class

Citrus fruit in this class must be of superior quality. In shape, external appearance, development and colouring they must be characteristic of the variety and/or commercial type.

They must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii)   Class I

Citrus fruit in this class must be of good quality. They must be characteristic of the variety and/or commercial type.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 slight defect in shape,

 slight defect in colouring,

 slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets, etc.,

 slight healed defects due to a mechanical cause such as hail damage, rubbing, damage from handling, etc.

(iii)   Class II

This class includes citrus fruit which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.

The following defects may be allowed, provided the citrus fruit retain their essential characteristics as regards the quality, the keeping quality and presentation:

 defect in shape,

 defect in colouring,

 rough skin,

 skin defects occurring during the formation of the fruit, such as silver scurfs, russets, etc.,

 healed defects due to a mechanical cause such as hail damage, rubbing, damage from handling, etc.,

 superficial healed skin alterations,

 slight and partial detachment of the pericarp for oranges (which is allowed for mandarins).

III.   PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section of the fruit.

A.   Minimum size

Fruits of less than the following minimum sizes are excluded:



Lemons:

45 mm

Mandarins, excluding clementines:

45 mm

Clementines:

35 mm

Oranges:

53 mm

B.   Size scales

The scales of sizes are as follows:



Oranges

Lemons

Mandarins

Size code

Diameter

(mm)

Size code

Diameter

(mm)

Size code

Diameter

(mm)

0

92-110

0

79-90

1-XXX

78 and above

1

87-100

1

72-83

1-XX

67-78

2

84-96

2

68-78

1 or 1-X

63-74

3

81-92

3

63-72

2

58-69

4

77-88

4

58-67

3

54-64

5

73-84

5

53-62

4

50-60

6

70-80

6

48-57

5

46-56

7

67-76

7

45-52

(1)

43-52

8

64-73

 
 

7

41-48

9

62-70

 
 

8

39-46

10

60-68

 
 

9

37-44

11

58-66

 
 

10

35-42

12

56-63

 
 
 
 

13

53-60

 
 
 
 

(1)   Sizes below 45 mm refer only to clementines.

Citrus fruit may be packed by count. In this case, provided the size uniformity required in Title III, point C, is retained, the size range in the package may fall outside a single size code, but within two adjacent codes.

C.   Uniformity

Uniformity in size is achieved by the abovementioned size scales, unless otherwise stated as follows:

(i) for fruit arranged in regular layers, in packages or in unit consumer packages, the difference between the smallest and the largest fruit in the same package, within a single size code or, in the case of citrus fruit packed by count, within two adjacent codes, must not exceed the following maxima:



 

Size codes

Maximum difference between fruit in the same package

(in mm)

Lemons

0 to 7

7

Mandarins

1-XXX-4

5 to 6

7 to 10

9

8

7

Oranges

0 to 2

3 to 6

7 to 13

11

9

7

(ii) for fruit not arranged in regular layers, in packages or in rigid unit consumer packages, the difference between the smallest and the largest fruit in the same package must not exceed the range of the appropriate size grade in the size scale, or, in the case of citrus fruit packed by count, the range in mm of one of the two adjacent codes concerned;

(iii) for fruit in bulk bins and fruit in non-rigid (nets, bags, etc.) unit consumer packages, the maximum size difference between the smallest and the largest fruit in the same lot or package must not exceed the range obtained by grouping three consecutive sizes in the size scale.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

(i)   ‘Extra’ Class

5 % by number or weight of citrus fruit not satisfying the requirements of the class, but meeting those of Class I or, exceptionally, coming within the tolerances of that class.

(ii)   Class I

10 % by number or weight of citrus fruit not satisfying the requirements of the class, but meeting those of Class II, or exceptionally, coming within the tolerances of that class.

(iii)   Class II

10 % by number or weight of citrus fruit satisfying neither the requirements of the class, nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit for consumption. Within this tolerance, a maximum of 5 % is allowed of fruit showing slight superficial unhealed damage, dry cuts or soft and shrivelled fruit.

B.   Size tolerances

For all classes and types of presentation: 10 % by number or weight of citrus fruit corresponding to the size immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on the packages is allowed.

In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:



Lemons:

43 mm

Mandarins, excluding clementines:

43 mm

Clementines:

34 mm

Oranges:

50 mm

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or commercial type, quality, and size, and appreciably of the same degree of ripeness and development.

In addition, for the ‘Extra’ Class, uniformity in colouring is required.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The citrus fruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

If the fruit are wrapped, thin, dry, new and odourless ( 47 ) paper must be used.

The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or smell (47) , is prohibited.

Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some green leaves adheres to the fruit is allowed.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

C.   Presentation

The citrus fruit may be presented:

(a) arranged in regular layers in packages;

(b) not arranged in regular layers in packages or in bulk bins. This presentation is only allowed for Classes I and II;

(c) in individual packages for direct sale to the consumer of a weight less than 5 kg either

 made up by number of fruit, or

 made up by net weight of the package.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations);

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 Name of the species if the produce is not visible from the outside, except for mandarins for which the name of the specie or variety (where applicable) is compulsory,

 Name of the variety, for oranges,

 Name of the type:

 for lemons: the indication ‘Verdelli’ and ‘Primofiore’ where appropriate,

 for clementines: the indication ‘Clementines, pipless’, ‘Clementines’ (1 to 10 pips), ‘Clementines with pips’ (more than 10 pips) where appropriate.

C.   Origin of produce

Country of origin and, optionally, district where grown, or national, regional or local place name.

D.   Commercial specifications

 Class.

 Size code for fruit presented in accordance with the size scale or the upper and the lower limiting size code in the case of three consecutive sizes of the size scale.

 Size code (or, when fruit packed by count fall under two adjacent codes, size codes or minimum and maximum diameter) and number of fruit, in the case of fruit arranged in layers in the package.

 When used, mention of the preserving agent or other chemical substances used at post-harvest stage.

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 3:   MARKETING STANDARD FOR KIWIFRUITS

I.   DEFINITION OF PRODUCE

This standard applies to kiwifruit of varieties (cultivars) grown from Actinidia chinensis (Planch.) and Actinidia deliciosa (A. Chev., C.F. Liang and A.R. Ferguson) to be supplied fresh to the consumer, kiwifruit for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of kiwifruit, after preparation and packaging.

A.   Minimum quality requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the kiwifruit must be:

 intact (but free of peduncle),

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests,

 adequately firm; not soft, shrivelled or water-soaked,

 well formed, double/multiple fruit being excluded,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

The development and condition of the kiwifruit must be such as to enable them:

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

B.   Minimum maturity requirements

The kiwifruit must be sufficiently developed and display satisfactory ripeness. In order to satisfy this requirement, the fruit must have attained a degree of ripeness:

 at packing stage within the region of production and the subsequent delivery by the packer, as well as at import and export stage, of at least 6,2° Brix or an average dry matter content of 15 %,

 at all other marketing stages, of at least 9,5° Brix.

C.   Classification

Kiwifruit are classified in three classes defined below.

(i)   Extra Class

Kiwifruit in this class must be of superior quality. They must be well-developed and have all the characteristics and the colouring typical of the variety.

They must be free from defects with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,8 or greater.

(ii)   Class I

Kiwifruit in this class must be of good quality. They must be characteristic of the variety.

They must be firm and the flesh must be perfectly sound.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 a slight defect in shape (but free of swelling or malformations),

 a slight defect in colouring,

 superficial skin defects, provided the total area affected does not exceed 1 cm2,

 small ‘Hayward mark’ like longitudinal lines without protuberance.

The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,7 or greater.

(iii)   Class II

This class includes kiwifruit which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The fruit must be reasonably firm and the flesh should not show any serious defects.

The following defects may be allowed provided the kiwifruit retain their essential characteristics as regards the quality, the keeping quality, and presentation:

 defects in shape,

 defects in colouring,

 skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected does not exceed 2 cm2,

 several more pronounced ‘Hayward marks’ with a slight protuberance,

 slight bruising.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the weight of the fruit.

The minimum weight for ‘Extra’ Class is 90 g, for Class I is 70 g and for Class II is 65 g.

The difference in weight between the largest and the smallest fruit in each package must not exceed:

 10 g for fruit weighing up to 85 g,

 15 g for fruit weighing between 85 g and 120 g,

 20 g for fruit weighing between 120 g and 150 g,

 40 g for fruit weighing 150 g or more.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

(i)   Extra Class

5 % by number or weight of kiwifruit not satisfying the requirements of the class, but meeting those of Class I or, exceptionally, coming within the tolerances of that class.

(ii)   Class I

10 % by number or weight of kiwifruit not satisfying the requirements of the class, but meeting those of Class II or, exceptionally, coming within the tolerances of that class.

(iii)   Class II

10 % by number or weight of kiwifruit satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting, severe bruising or any other deterioration rendering it unfit for consumption.

B.   Size tolerances

For all classes: 10 % by number or weight of kiwifruit not satisfying the requirements as regards the minimum weight and/or the size range specified.

However, the fruit must be of a size immediately below or above the size indicated or, in the case of the smallest size, they must not weigh less than 85 g in ‘Extra’ Class, 67 g in Class I and 62 g in Class II.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only kiwifruit of the same origin, variety, quality and size.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The kiwifruit must be packed in such a way as to protect the produce properly.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps, bearing trade specifications is allowed provided the printing or labelling has been done with non — toxic ink or glue.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

Packages must be free of all foreign matter.

C.   Presentation

In ‘Extra’ Class, the fruit must be presented separately from one another, and be regularly arranged on one layer.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   Identification

The name and the address of the packer and/or the dispatcher.

This mention may be replaced:

 for all packages with the exception of pre — packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations);

 for pre — packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 ‘Kiwifruit’, ‘Actinidia’ or equivalent denomination, if the contents are not visible from the outside,

 name of the variety (optional).

C.   Origin of produce

Country of origin and, optionally, district where grown, or national, regional or local place name.

D.   Commercial specifications

 Class,

 size expressed by the minimum and maximum weight of the fruit,

 number of fruit (optional).

E.   Official control mark (optional)

Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

▼M15

PART 4:   MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED (BATAVIAN) ENDIVES

I.    DEFINITION OF PRODUCE

This standard applies to:

 lettuces of varieties (cultivars) grown from:

 

  Lactuca sativa L. var. capitata L. (head (cabbage) lettuces including crisphead and ‘Iceberg’ type lettuces),

  Lactuca sativa L. var. longifolia Lam. (cos or romaine lettuces),

  Lactuca sativa L. var. crispa L. (leaf lettuces),

 crosses of these varieties and

 

 curled-leaved endives of varieties (cultivars) grown from Cichorium endivia L. var. crispa Lam., and

 broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from Cichorium endivia L. var. latifolium Lam.

to be supplied fresh to the consumer.

This standard does not apply to produce for industrial processing, produce presented as individual leaves, lettuces with root ball or lettuces in pots.

II.    PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for produce after preparation and packaging.

A.    Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the produce must be:

 intact

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded

 clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any visible foreign matter

 fresh in appearance

 practically free from pests

 practically free from damage caused by pests

 turgescent

 not running to seed

 free of abnormal external moisture

 free of any foreign smell and/or taste.

In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it seriously affects the appearance of the lettuce.

The roots must be cut close to the base of the outer leaves and the cut must be neat.

The produce must be of normal development. The development and condition of the produce must be such as to enable it:

 to withstand transportation and handling

 to arrive in a satisfactory condition at the place of destination.

B.    Classification

The produce is classified in two classes, as defined below:

(i)    Class I

Produce in this class must be of good quality. It must be characteristic of the variety or commercial type, especially the colour.

The produce must also be:

 well formed

 firm, taking into account the cultivation methods and the type of produce

 free from damage or deterioration impairing edibility

 free from frost damage.

Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under protection, the heart may be small.

Cos lettuces must have a heart, which may be small.

The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.

(ii)    Class II

This class includes produce which do not qualify for inclusion in Class I, but satisfy the minimum requirements specified above.

The produce must be:

 reasonably well formed

 free from damage and deterioration which may seriously impair edibility.

The following defects may be allowed provided the produce retains its essential characteristics as regards the quality, the keeping quality and presentation:

 slight discolouration

 slight damage caused by pests.

Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under protection, absence of heart is permissible.

Cos lettuces may show no heart.

III.    PROVISIONS CONCERNING SIZING

Size is determined by the weight of one unit.

A.    Minimum weight

The minimum weight for Classes I and II is:



 

Open grown

Grown under protection

Head lettuces (excluding crisphead and ‘Iceberg’ type lettuces) and Cos or romaine lettuces (excluding ‘Little Gem’ type lettuces)

150 g

100 g

Crisphead and ‘Iceberg’ type lettuces

300 g

200 g

Leaf lettuces and ‘Little Gem’ type lettuces

100 g

100 g

Curled-leaved endives and broad-leaved endives

200 g

150 g

B.    Uniformity

(a)    Lettuces

In all classes, the difference between the lightest and heaviest units in each package must not exceed:

 40 g when the lightest unit weighs less than 150 g per unit

 100 g when the lightest unit weighs between 150 g and 300 g per unit

 150 g when the lightest unit weighs between 300 g and 450 g per unit

 300 g when the lightest unit weighs more than 450 g per unit.

(b)    Curled-leaved and broad-leaved (Batavian) endives

In all classes, the difference between the lightest and heaviest units in each package must not exceed 300g.

IV.    PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.    Quality tolerances

(i)    Class I

A total tolerance of 10 %, by number of units, not satisfying the requirements of the class, but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce neither satisfying the requirements of Class II quality nor the minimum requirements. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded.

(ii)    Class II

A total tolerance of 10 %, by number of units, satisfying neither the requirements of the class nor the minimum requirements is allowed. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded.

B.    Size tolerances

For all classes: a total tolerance of 10 %, by number of units, not satisfying the requirements as regards sizing, but weighing no more than 10 % over or under the size in question, is allowed.

V.    PROVISIONS CONCERNING PRESENTATION

A.    Uniformity

The contents of each package must be uniform and contain only produce of the same origin, variety or commercial type, quality and size.

However, a mixture of produce of distinctly different colours, varieties and/or commercial types may be packed together in a sales unit ( 48 ), provided they are uniform in quality and, for each colour, variety and/or commercial type concerned, in origin.

The visible part of the contents of the package must be representative of the entire contents.

B.    Packaging

The produce must be packed in such a way as to protect it properly. It must be reasonably packed having regard to the size and type of packaging, without empty spaces or crushing.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter.

VI.    PROVISIONS CONCERNING MARKING

Each package ( 49 ) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.    Identification

Packer and/or dispatcher/shipper:

 name and physical address (e.g. street/city/region/postal code and, if different from the country of origin, the country)

 or

 a code mark officially recognised by the national authority ( 50 ).

B.    Nature of produce

 ‘Lettuces’, ‘butterhead lettuces’, ‘Batavia’, ‘crisphead lettuces (Iceberg)’, ‘Cos lettuces’, ‘leaf lettuce’ (or, for example and if appropriate, ‘Oak leaf’, ‘lollo bionda’, ‘lollo rossa’), ‘curled-leaved endives’ or ‘broad-leaved (Batavian) endives’, or other synonyms if the contents are not visible from the outside

 ‘Little Gem’ where appropriate or other synonyms

 An indication ‘grown under protection’, or other appropriate indication, where appropriate

 Name of the variety (optional)

 In the case of sales units containing a mixture of distinctly different colours, varieties and/or commercial types of produce, ‘Mixture of salads’, or equivalent denomination. If the produce is not visible from the outside, the colours, varieties or commercial types of the sales unit must be indicated.

C.    Origin of produce

 Country of origin and, optionally, district where grown, or national, regional or local place name.

 In the case of sales units containing a mixture of distinctly different colours, varieties and/or commercial types of produce of different origins, the indication of each country of origin shall appear next to the name of the colour, variety and/or commercial type concerned.

D.    Commercial specifications

 Class

 Size, expressed by the minimum weight per unit, or number of units

 Net weight (optional).

E.    Official control mark (optional)

Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

▼M8

PART 5:   MARKETING STANDARD FOR PEACHES AND NECTARINES

I.   DEFINITION OF PRODUCE

This standard applies to peaches and nectarines ( 51 ) grown from varieties (cultivars) of Prunus persica Sieb. and Zucc., to be supplied fresh to the consumer, peaches and nectarines for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for peaches and nectarines after preparation and packaging.

A.   Minimum quality requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, peaches and nectarines must be:

 intact,

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

Peaches and nectarines must have been carefully picked.

The development and state of peaches and nectarines must be such as to enable them:

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

B.   Minimum maturity requirements

The peaches and nectarines must be sufficiently developed and display satisfactory ripeness.

The development and state of maturity of the peaches and nectarines must be such as to enable them to continue their ripening process and to reach a satisfactory degree of ripeness. In order to satisfy this requirement the refractometrix index of the flesh, measured at the middle point of the fruit pulp at the equatorial section must be greater than or equal to 8° Brix and the firmness must be lower than 6,5 kg measured with a plunger of 8 mm diameter (0,5 cm2 at two points of the equatorial section of the fruit.

C.   Classification

Peaches and nectarines are classified into three classes as defined below:

(i)   ‘Extra’ class

Peaches and nectarines in this class must be of a superior quality. In shape, development and colouring they must be typical of the variety allowing for the district in which they are grown. They must be free from defects with the exception of very slight superficial defects, provided that these do not affect the general appearance of the produce, its quality, keeping quality and presentation in the package.

(ii)   Class I

Peaches and nectarines in this class must be of good quality. They must be characteristic of the variety, allowing for the district in which they are grown. However, a slight defect in shape, development or colouring may be allowed.

The flesh must be perfectly sound.

Peaches and nectarines split where the stem is joined to the fruit are excluded.

Slight skin defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package and do not exceed:

 1 cm in length for defects of elongated shape,

 0,5 cm2 in total area for other defects.

(iii)   Class II

This class includes peaches and nectarines which do not qualify for inclusion in the higher classes, but which satisfy the minimum requirements specified above.

The flesh should not show any serious defects. Fruits split where the stem is joined to the fruit are allowed only in connection with quality tolerances.

The following skin defects may be allowed provided the peaches and nectarines retain their essential characteristics as regards the quality, the keeping quality and presentation and do not exceed:

 2 cm in length for defects of elongated shape,

 1,5 cm2 in total area for other defects.

III.   PROVISIONS CONCERNING SIZING

Size is determined by:

 circumference, or

 maximum diameter of the equatorial section.

Peaches and nectarines must be graded according to the following scale:



Diameter

Sizing

(code)

Circumference

90 mm and above

AAAA

28 cm and above

80 mm and over but under 90 mm

AAA

25 cm and over but under 28 cm

73 mm and over but under 80 mm

AA

23 cm and over but under 25 cm

67 mm and over but under 73 mm

A

21 cm and over but under 23 cm

61 mm and over but under 67 mm

B

19 cm and over but under 21 cm

56 mm and over but under 61 mm

C

17,5 cm and over but under 19 cm

51 mm and over but under 56 mm

D

16 cm and over but under 17,5 cm

The minimum size allowed for the ‘Extra’ class is 17,5 cm (circumference) or 56 mm (diameter).

Size D (51 mm and over but under 56 mm in diameter or 16 cm and over but under 17,5 cm in circumference) is not allowed in the period from 1 July to 31 October.

Sizing is compulsory for all classes.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements for the class indicated.

A.   Quality tolerances

(i)   ‘Extra’ class

5 % by number or weight of peaches or nectarines not satisfying the requirements of the class, but meeting those of class I or, exceptionally, coming within the tolerances of that class.

(ii)   Class I

10 % by number or weight of peaches or nectarines not satisfying the requirements of the class, but meeting those of class II or, exceptionally, coming within the tolerances for that class.

(iii)   Class II

10 % by number or weight of peaches or nectarines satisfying neither the requirements of the class nor the minimum requirements, with the exception of fruit affected by rotting, marked bruising or any other deterioration rendering it unfit for consumption.

B.   Size tolerances

For all classes, 10 % by number or weight of peaches or nectarines up to 1 cm more or less than the size stated on the package in the case of sizing by circumference and up to 3 mm more or less in the case of sizing by diameter. However, for fruit in the smallest size, this tolerance shall apply only to peaches or nectarines of a size smaller by not more than 6 mm (circumference) or 2 mm (diameter) than the specified minimum size.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only peaches or nectarines of the same origin, variety, quality, degree of ripeness and size, and for the ‘Extra’ class, the contents must also be uniform in colour.

The visible part of the contents of each package must be representative of the entire contents.

B.   Packaging

The peaches or nectarines must be packed in such a way as to protect the produce properly.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects

Packages must be free of all foreign matter.

C.   Presentation

The peaches and nectarines may be presented:

 in small unit packages,

 in a single layer, in the case of ‘Extra’ class; each individual fruit in this class must be separated from its neighbours.

In classes I and II:

 in one or two layers, or

 in no more than four layers when the fruit is placed in rigid pockets so arranged that they do not rest on the fruit in the layer immediately below.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and visible from the outside:

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or dispatcher’ (or equivalent abbreviations);

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 ‘Peaches’ or ‘nectarines’, if the contents are not visible from the outside,

 colour of the flesh,

 name of the variety (optional).

C.   Origin of produce

Country of origin and, optionally, district where grown, or national, regional or local place name.

D.   Commercial specifications

 class,

 size expressed in minimum and maximum diameters or minimum and maximum circumference or according to the coding set out in Section III ‘Provisions concerning sizing’,

 number of units (optional),

 minimum sugar content, measured by refractometer and expressed in Brix degrees (optional),

 maximum firmness, measured by penetrometer and expressed in kg/0,5 cm2 (optional),

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

▼M15

PART 6:   MARKETING STANDARD FOR PEARS

I.    DEFINITION OF PRODUCE

This standard applies to pears of varieties (cultivars) grown from Pyrus communis L. to be supplied fresh to the consumer, pears for industrial processing being excluded.

II.    PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of pears, after preparation and packaging.

A.    Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, pears must be:

 intact

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded

 clean, practically free of any visible foreign matter

 practically free from pests

 free from damage caused by pests affecting the flesh

 free of abnormal external moisture

 free of any foreign smell and/or taste.

The development and condition of the pears must be such as to enable them:

 to continue their ripening process and to reach the degree of ripeness required in relation to the varietal characteristics

 to withstand transportation and handling

 to arrive in satisfactory condition at the place of destination.

B.    Classification

Pears are classified in three classes defined below:

(i)    ‘Extra’ Class

Pears in this class must be of superior quality. In shape, size and colouring they must be characteristic of the variety and the stalk must be intact.

The flesh must be perfectly sound, and the skin free from rough russeting.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the fruit, the quality, the keeping quality and presentation in the package.

Pears must not be gritty.

(ii)    Class I

Pears in this class must be of good quality. In shape, size and colouring they must be characteristic of the variety ( 52 ).

The flesh must be perfectly sound, and the skin free from rough russeting.

The following slight defects, however, may be allowed, on individual fruit provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 a slight defect in shape

 a slight defect in development

 slight defects in colouring

 slight skin defects which must not extend over more than:

 

 2 cm in length for defects of elongated shape

 1 cm2 of total surface area for other defects, with the exception of scab (Venturia pirina and V. inaequalis), which must not extend over more than 0,25 cm2 cumulative in area

 slight bruising not exceeding 1 cm2 in area.

The stalk may be slightly damaged.

Pears must not be gritty.

(iii)    Class II

This class includes pears which do not qualify for inclusion in the higher classes but satisfy the minimum requirements specified above.

The flesh must be free from major defects.

The following defects may be allowed provided the pears retain its essential characteristics as regards the quality, the keeping quality and presentation:

 defects in shape

 defects in development

 defects in colouring

 slight rough russeting

 skin defects which must not extend over more than:

 

 4 cm in length for defects of elongated shape

 2,5 cm2 total surface area for other defects, with the exception of scab (Venturia pirina and V. inaequalis), which must not extend over more than 1 cm2 cumulative in area

 slight bruising not exceeding 2 cm2 in area.

III.    PROVISIONS CONCERNING SIZING

Size is determined by maximum diameter of the equatorial section.

A minimum size is required for each class as follows:



 

‘Extra’

Class I

Class II

Large fruited varieties

60 mm

55 mm

55 mm

Other varieties

55 mm

50 mm

45 mm

Summer pears included in the Annex to this standard do not have to respect the minimum size.

To ensure there is uniformity of size within a package, the difference in diameter between fruit in the same package shall be limited to:

 5 mm for ‘Extra’ Class fruit and for Class I and II fruit packed in rows and layers

 10 mm for Class I fruit packed loose in the package or in consumer packages.

There is no sizing uniformity limit for Class II fruit packed loose in the package or in consumer packages.

IV.    PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.    Quality tolerances

(i)    ‘Extra’ Class

A total tolerance of 5 %, by number or weight, of pears not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 % in total may consist of produce satisfying the requirements of Class II quality.

(ii)    Class I

A total tolerance of 10 %, by number or weight, of pears not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce neither satisfying the requirements of Class II quality nor the minimum requirements. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded. Pears without stalks are not included in this tolerance.

(iii)    Class II

A total tolerance of 10 %, by number or weight, of pears satisfying neither the requirements of the class nor the minimum requirements is allowed. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded.

Within this tolerance, a maximum of 2 % by number or weight of fruit is allowed which shows the following defects:

 slight damage or unhealed cracks

 very slight traces of rot

 presence of internal feeding pests and/or damage to the flesh caused by pests.

B.    Size tolerances

For all classes:

(a) for fruit which is subject to the rules of uniformity, 10 %, by number or weight, of fruit corresponding to the size immediately above or below that marked on the package, with, for fruit classified in the smallest grade allowed a maximum variation of 5 mm below the minimum;

(b) for fruit which is not subject to the rules of uniformity, 10 %, by number or weight, of fruit below the minimum size laid down, with a maximum variation of 5 mm below the minimum size.

V.    PROVISIONS CONCERNING PRESENTATION

A.    Uniformity

The contents of each package must be uniform and contain only pears of the same origin, variety, quality, and size (if sized) and the same degree of ripeness.

In the case of the ‘Extra’ Class, uniformity also applies to colouring.

However, a mixture of pears of distinctly different varieties may be packed together in a sales unit ( 53 ), provided they are uniform in quality and, for each variety concerned, in origin.

The visible part of the contents of the package must be representative of the entire contents.

B.    Packaging

Pears must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of glue, nor lead to skin defects.

Packages must be free of all foreign matter.

VI.    PROVISIONS CONCERNING MARKING

Each package ( 54 ) must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside.

A.    Identification

Packer and/or dispatcher/shipper:

 name and physical address (e.g. street/city/region/postal code and, if different from the country of origin, the country)

 or

 a code mark officially recognised by the national authority ( 55 ).

B.    Nature of produce

 ‘Pears’, if the contents are not visible from the outside.

 Name of the variety. In the case of sales units containing a mixture of pears of different varieties, names of the different varieties.

C.    Origin of produce

 Country of origin and, optionally, district where grown, or national, regional or local place name. In the case of sales units containing a mixture of distinctly different varieties of pears of different origins, the indication of each country of origin shall appear next to the name of the variety concerned.

D.    Commercial specifications

 Class

 Size, or for fruit packed in rows and layers, number of units. If identification is by the size, this should be expressed:

 

(a) for produce subject to the uniformity rules, as minimum and maximum diameters

(b) for produce not subject to the uniformity rules, the diameter of the smallest fruit in the package followed by ‘and over’ or equivalent denomination or, if appropriate, the diameter of the largest fruit in the package.

E.    Official control mark (optional)

Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix

Size criteria for pears

L

=

Large fruited variety

SP

=

Summer pear, for which no minimum size is required.

Non-exhaustive list of large fruited and summer pear varieties

Small fruited and other varieties which do not appear in the list may be marketed as long as they meet the size requirements for other varieties as described in Section III of the standard.

Some of the varieties listed in the following may be marketed under names for which trademark protection has been sought or obtained in one or more countries. The first and second columns of the table hereunder do not intend to include such trade names. Reference to known trademarks have been included in the third column for information only.



Variety

Synonyms

Trade names

Size

Abbé Fétel

Abate Fetel

 

L

Abugo o Siete en Boca

 
 

SP

Akça

 
 

SP

Alka

 
 

L

Alsa

 
 

L

Amfora

 
 

L

Alexandrine Douillard

 
 

L

Bergamotten

 
 

SP

Beurré Alexandre Lucas

Lucas

 

L

Beurré Bosc

Bosc, Beurré d’Apremont, Empereur Alexandre, Kaiser Alexander

 

L

Beurré Clairgeau

 
 

L

Beurré

Hardenpont

 

L

Beurré Giffard

 
 

SP

Beurré précoce Morettini

Morettini

 

SP

Blanca de Aranjuez

Agua de Aranjuez, Espadona, Blanquilla

 

SP

Carusella

 
 

SP

Castell

Castell de Verano

 

SP

Colorée de Juillet

Bunte Juli

 

SP

Comice rouge

 
 

L

Concorde

 
 

L

Condoula

 
 

SP

Coscia

Ercolini

 

SP

Curé

Curato, Pastoren, Del cura de Ouro, Espadon de invierno, Bella de Berry, Lombardia de Rioja, Batall de Campana

 

L

D’Anjou

 
 

L

Dita

 
 

L

D. Joaquina

Doyenné de Juillet

 

SP

Doyenné d’hiver

Winterdechant

 

L

Doyenné du Comice

Comice, Vereinsdechant

 

L

Erika

 
 

L

Etrusca

 
 

SP

Flamingo

 
 

L

Forelle

 
 

L

Général Leclerc

 

Amber Grace™

L

Gentile

 
 

SP

Golden Russet Bosc

 
 

L

Grand champion

 
 

L

Harrow Delight

 
 

L

Jeanne d’Arc

 
 

L

Joséphine

 
 

L

Kieffer

 
 

L

Klapa Mīlule

 
 

L

Leonardeta

Mosqueruela, Margallon, Colorada de Alcanadre, Leonarda de Magallon

 

SP

Lombacad

 

Cascade®

L

Moscatella

 
 

SP

Mramornaja

 
 

L

Mustafabey

 
 

SP

Packham’s Triumph

Williams d’Automne

 

L

Passe Crassane

Passa Crassana

 

L

Perita de San Juan

 
 

SP

Pérola

 
 

SP

Pitmaston

Williams Duchesse

 

L

Précoce de Trévoux

Trévoux

 

SP

Président Drouard

 
 

L

Rosemarie

 
 

L

Suvenirs

 
 

L

Santa Maria

Santa Maria Morettini

 

SP

Spadoncina

Agua de Verano, Agua de Agosto

 

SP

Taylors Gold

 
 

L

Triomphe de Vienne

 
 

L

Vasarine Sviestine

 
 

L

Williams Bon Chrétien

Bon Chrétien, Bartlett, Williams, Summer Bartlett

 

L

▼M8

PART 7:   MARKETING STANDARD FOR STRAWBERRIES

I.   DEFINITION OF PRODUCE

This standard applies to strawberries of varieties (cultivars) grown from the genus Fragaria L. to be supplied fresh to the consumer, strawberries for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of strawberries after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the strawberries must be:

 intact,

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 fresh in appearance, but not washed,

 practically free from pests,

 practically free from damage caused by pests,

 with the calyx (except in the case of wild strawberries); the calyx and the stalk (if present) must be fresh and green,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

The strawberries must have been carefully picked.

They must be sufficiently developed and display satisfactory ripeness. The development and the condition must be such as to enable them:

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

B.   Classification

The strawberries are classified in three classes defined below:

(i)   ‘Extra’ Class

The strawberries in this class must be of superior quality. They must be characteristic of the variety.

They must be bright in appearance, allowing for the characteristics of the variety.

They must be free from soil.

They must be free from defects with the exception of very slight superficial defects provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii)   Class I

Strawberries in this class must be of good quality. In colouring and shape, they must be characteristic of the variety.

The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 slight defect of shape,

 a white patch, not exceeding one tenth of the surface area of the fruit,

 slight superficial pressure marks.

They must be practically free from soil.

(iii)   Class II

This class includes strawberries which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The following defects may be allowed provided the strawberries retain their essential characteristics as regards the quality, the keeping quality and presentation:

 defects of shape,

 a white patch not exceeding one fifth of the surface area of the fruit,

 slight dry bruising not likely to spread,

 slight traces of soil.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section.

Strawberries must be of the following minimum sizes:

 ‘Extra’ Class: 25 mm,

 Classes I and II: 18 mm.

There is no minimum size for wild strawberries.

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

(i)   ‘Extra’ Class

5 % by number or weight of strawberries not satisfying the requirements of the class but meeting those of Class I or, exceptionally, coming within the tolerances of that class. Of these 5 % not more than 2 % in total may consist of spoilt fruit.

(ii)   Class I

10 % by number or weight of strawberries not satisfying the requirements of the class but meeting those of Class II or, exceptionally, coming within the tolerances of that class. Of these 10 %, not more than 2 % in total may consist of spoilt fruit.

(iii)   Class II

10 % by number or weight of strawberries satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting, severe bruising or any other deterioration rendering it unfit for consumption. Of these 10 %, not more than 2 % in total may consist of spoilt fruit.

B.   Size tolerances

For all classes: 10 % by number or weight of strawberries not conforming to the minimum size.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only strawberries of the same origin, variety and quality.

In the ‘Extra’ Class, strawberries — with the exception of wood strawberries — must be particularly uniform and regular with respect to degree of ripeness, colour and size. In Class I, strawberries may be less uniform in size.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The strawberries must be packed in such a way as to protect the produce properly.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Fruit in the ‘Extra’ Class must be particularly well presented.

Packages must be free of all foreign matter.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations);

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 ‘Strawberries’, if the contents of the package are not visible from the outside.

 Name of the variety (optional).

C.   Origin of produce

Country of origin and, optionally, district where grown or national, regional or local place name.

D.   Commercial specifications

 Class.

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 8:   MARKETING STANDARD FOR SWEET PEPPERS

I.   DEFINITION OF PRODUCE

This standard applies to sweet peppers of varieties (cultivars) grown from Capsicum annuum L. var. annuum, to be supplied fresh to the consumer, sweet peppers for industrial processing being excluded.

According to their shape a distinction is made for four commercial types:

 elongated sweet peppers (pointed),

 square sweet peppers (blunt),

 square tapering sweet peppers (peg top),

 flat sweet peppers (tomato peppers).

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for sweet peppers after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the sweet peppers must be:

 intact,

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 fresh in appearance,

 practically free from pests,

 practically free from damage caused by pests,

 well-developed,

 free of damage caused by frost,

 free of unhealed injuries,

▼C1

 free of sunburn [except for the specifications in Chapter B: Classification, point (ii)],

▼M8

 with peduncles attached,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

The development and condition of the sweet peppers must be such as to enable them to:

 withstand transport and handling, and

 arrive in satisfactory condition at the place of destination.

B.   Classification

Sweet peppers are classified in two classes, defined below:

(i)   Class I

Sweet peppers in this class must be of good quality. They must be characteristic of the variety and/or commercial type as regards development, shape and colour with due regard to the degree of ripeness.

They must be:

 firm,

 practically free of blemishes.

The peduncle may be slightly damaged or cut with the calyx intact.

(ii)   Class II

This class includes sweet peppers which do not qualify for inclusion in Class I but satisfy the minimum requirements specified above.

The following defects may be allowed provided the peppers retain their essential characteristics as regards the quality, keeping quality and presentation:

 defects in shape and development,

 sunburn or slight healed injuries, with a limit of 2 cm in length for defects of elongated shape, and 1 cm2 of the total area for other defects,

 slight dry superficial cracks not exceeding an overall cumulative length of 3 cm.

They may be less firm without being withered.

The peduncle may be damaged or cut.

III.   PROVISIONS CONCERNING SIZING

Size is determined by the shoulder diameter (width) of the sweet peppers. In the case of flat sweet peppers (tomato peppers) the term ‘width’ means the maximum equatorial diameter.

For sized sweet peppers, the difference in diameter between the largest and smallest sweet pepper in the same package may not exceed 20 mm.

The width of sweet peppers may not be less than:

 elongated sweet peppers (pointed): 20 mm

 square sweet peppers (blunt) and square tapering sweet peppers (peg-top): 40 mm

 flat sweet peppers (tomato peppers): 55 mm

Sizing is not compulsory for Class II, subject to the minimum sizes.

The size requirements shall not apply to miniature produce ( 56 ).

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

(i)   Class I

10 % by number or weight of sweet peppers not satisfying the requirements of the class, but meeting those of Class II or, exceptionally, coming within the tolerances of that class.

(ii)   Class II

10 % by number or weight of sweet peppers satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit for consumption.

B.   Size tolerances

(i)   Class I

10 % by number or weight of sweet peppers not conforming to the sizes identified within a margin of ± 5 mm including no more than 5 % of sweet peppers below the minimum size laid down.

(ii)   Class II

  Sized sweet peppers

 10 % by number or weight of sweet peppers not conforming to the sizes identified within a margin of ± 5 mm including no more than 5 % of sweet peppers below the minimum size laid down.

  Unsized sweet peppers

 5 % by number or weight of sweet peppers up to 5 mm smaller than the minimum size laid down.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only sweet peppers of the same origin, variety or commercial type, quality, size (if sized) and, in the case of Class I, of appreciably the same degree of ripeness and colouring.

However, a mixture of sweet peppers of different colours may be packed together, provided they are uniform in origin, quality, commercial type and size (if sized).

Consumer packages of a net weight not exceeding one kilo, may contain mixtures of sweet peppers of different colours and/or commercial types, provided they are uniform in quality, and for each colour and/or commercial type concerned, in origin.

In the case of sized produce, elongated sweet peppers should be sufficiently uniform in length.

Miniature sweet peppers must be reasonably uniform in size. They may be mixed with other miniature products of a different type and origin.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The sweet peppers must be packed in such a way as to protect the produce properly.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed, provided the printing or labelling has been done with non-toxic ink or glue.

packages must be free of all foreign matter.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations),

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

If the contents are not visible from the outside:

 ‘Sweet peppers’,

 colour,

 commercial type (‘elongated’, ‘square blunt’, ‘square tapering’, ‘flat’) or name of the variety.

In the case of packages or consumer packages containing a mixture of different colours and/or commercial types of sweet pepper:

 ‘Mixed peppers’, or equivalent denomination,

 if the contents are not visible from the outside, colours and/or commercial types of the sweet peppers and number of pieces of each of the colours and/or commercial types concerned.

C.   Origin of produce

Country of origin and, optionally, district where grown or national, regional or local place name.

In the case of consumer packages containing a mixture of sweet peppers of different colours and/or commercial types of different origins, the indication of each country of origin shall appear next to the name of the colour and/or commercial type concerned.

D.   Commercial specifications

 Class

 Size (if sized) expressed as minimum and maximum diameters or the mark ‘unsized’ where appropriate

 Where appropriate, ‘Mini peppers’, ‘Baby peppers’, or other appropriate term for miniature produce. Where several types of miniature produce are mixed in the same package, all products and their respective origins must be mentioned.

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

PART 9:   MARKETING STANDARD FOR TABLE GRAPES

I.   DEFINITION OF PRODUCE

This standard applies to table grapes of varieties (cultivars) grown from Vitis vinifera L. to be supplied fresh to the consumer, table grapes for industrial processing being excluded.

II.   PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements for table grapes after preparation and packaging.

A.   Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, bunches and berries must be:

 sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,

 clean, practically free of any visible foreign matter,

 practically free from pests,

 practically free from damage caused by pests,

 free of abnormal external moisture,

 free of any foreign smell and/or taste.

In addition, berries must be:

 intact,

 well formed,

 normally developed.

Pigmentation due to sun is not a defect.

Bunches must have been carefully picked.

The juice of the berries shall have a refractometric index of at least:

 12° Brix for the Alphonse Lavallée, Cardinal and Victoria varieties,

 13° Brix for all other seeded varieties,

 14° Brix for all seedless varieties.

In addition, all varieties must have satisfactory sugar/acidity ratio levels.

The development and condition of the table grapes must be such as to enable them:

 to withstand transport and handling, and

 to arrive in satisfactory condition at the place of destination.

B.   Classification

The table grapes are classified into three classes defined below:

i)   ‘Extra’ class

Table grapes in this class must be of superior quality. In shape, development and colouring the bunches must be typical of the variety, allowing for the district in which they are grown, and have no defects. Berries must be firm, firmly attached, evenly spaced along the stalk and have their bloom virtually intact.

ii)   Class I

Table grapes in this class must be of good quality. In shape, development and colouring the bunches must be typical of the variety, allowing for the district in which they are grown. Berries must be firm, firmly attached and, as far as possible, have their bloom intact. They may, however, be less evenly spaced along the stalk than in the ‘Extra’ class.

The following slight defects, however; may be allowed, provided these do not affect the general appearance of the produce, the quality, the keeping quality, and presentation in the package:

 slight defects in shape,

 slight defects in colouring,

 very slight sun-scorch affecting the skin only.

iii)   Class II

This class includes table grapes which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

The bunches may show slight defects in shape, development and colouring, provided these do not impair the essential characteristics of the variety, allowing for the district in which they are grown.

The berries must be sufficiently firm and sufficiently attached, and, where possible, still have their bloom. They may be less evenly spaced along the stalk than in Class I.

The following defects are allowed provided the table grapes retain their essential characteristics as regards the quality, the keeping quality and presentation:

 defects in shape,

 defects in colouring,

 slight sun-scorch affecting the skin only,

 slight bruising,

 slight skin defects.

III.   PROVISIONS CONCERNIG SIZING

Size is determined by the weight of the bunch.

The following minimum size requirements per bunch are defined for table grapes grown under glass and for open-grown table grapes, large-berry or small-berry varieties respectively.



 

Table grapes grown under glass

(if mentioned on the label)

Open grown table grapes

All varieties except small-berry varieties listed in the Appendix

Small-berry varieties listed in the Appendix

Extra class

300 g

200 g

150 g

Class I

250 g

150 g

100 g

Class II

150 g

100 g

75 g

IV.   PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each package for produce not satisfying the requirements of the class indicated.

A.   Quality tolerances

i)   ‘Extra’ class

5 % by weight of bunches not satisfying the requirements of the class, but meeting those for Class I or, exceptionally, coming within the tolerances of that class.

ii)   Class I

10 % by weight of bunches not satisfying the requirements of the class, but meeting those of Class II or, exceptionally, coming within the tolerances for that class.

iii)   Class II

10 % by weight of bunches satisfying neither the requirements of the class nor the minimum requirements, with the exception of produce affected by rotting or any other deterioration rendering it unfit for consumption.

B.   Size tolerances

i)   ‘Extra’ Class and Class I

10 % by weight of bunches not satisfying the size requirements of the class, but meeting those of the class immediately below.

ii)   Class II

10 % by weight of bunches not satisfying the size requirements of the class but weighing not less than 75 g.

iii)   ‘Extra’ class and Classes I and II

In each consumer package not exceeding 1 kg net weight, one bunch weighing less than 75 g is allowed to adjust the weight, provided the bunch meets all other requirements of the specified class.

V.   PROVISIONS CONCERNING PRESENTATION

A.   Uniformity

The contents of each package must be uniform and contain only bunches of the same origin, variety, quality and degree of ripeness.

In the case of grapes packed in small consumer packages of a net weight not exceeding 1 kg, uniformity of variety and origin is not required.

In the case of the ‘Extra’ Class, the bunches must be of more or less identical size and colouring.

The inclusion in each package of bunches of different colours for decorative purposes shall be allowed in the case of the variety Chasselas.

The visible part of the contents of the package must be representative of the entire contents.

B.   Packaging

The table grapes must be packed in such a way as to protect the produce properly.

In the case of the ‘Extra’ Class, the bunches must be packed in a single layer.

The materials used inside the package must be new, clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps, bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter, although a fragment of vine shoot no more than 5 cm in length may be left on the stem of the bunch as a form of special presentation.

Stickers individually affixed on product shall be such as, when removed, neither to leave visible traces of glue, nor to lead to skin defects.

VI.   PROVISIONS CONCERNING MARKING

Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked, and visible from the outside:

A.   Identification

The name and the address of the packer and/or the dispatcher

This mention may be replaced:

 for all packages with the exception of pre-packages, by the officially issued or accepted code mark representing the packer and/or the dispatcher, indicated in close connection with the reference ‘Packer and/or Dispatcher’ (or equivalent abbreviations);

 for pre-packages only, by the name and the address of a seller established within the Community indicated in close connection with the mention ‘Packed for:’ or an equivalent mention. In this case, the labelling shall also include a code representing the packer and/or the dispatcher. The seller shall give all information deemed necessary by the inspection body as to the meaning of this code.

B.   Nature of produce

 ‘Table Grapes’, if the contents are not visible from the outside,

 name of the variety or, where applicable, varieties,

 ‘under glass’, where applicable.

C.   Origin of produce

Country (or, where applicable, countries) of origin and, optionally, district where grown, or national, regional or local place name.

D.   Commercial specifications

 Class.

E.   Official control mark (optional)

Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

Appendix



Exhaustive list of small-berry varieties

Variety

Other names under which the variety is known

Admirable de Courtiller

Admirable, Csiri Csuri

Albillo

Acerba, Albuela, Blanco Ribera, Cagalon

Angelo Pirovano

I. Pirovano 2

Annamaria

I. Ubizzoni 4

Baltali

 

Beba

Beba de los Santos, Eva

Catalanesca

Catalanesa, Catalana, Uva Catalana

Chasselas blanc

Chasselas doré, Fendant, Franceset, Franceseta, Gutedel, Krachgutedel, White van der Laan

Chasselas rouge

Roter Gutedel

Chelva

Chelva de Cebreros, Guareña, Mantuo, Villanueva

Ciminnita

Cipro bianco

Clairette

Blanquette, Malvoisie, Uva de Jijona

Colombana bianca

Verdea, Colombana de Peccioli

Dehlro

 

Delizia di Vaprio

I. Pirovano 46 A

Exalta

 

Flame Seedless

Red Flame

Gros Vert

Abbondanza, St Jeannet, Trionfo dell'Esposizione, Verdal, Trionfo di Gerusalemme

Jaoumet

Madeleine de St Jacques, Saint Jacques

Madeleine

Angevine, Angevine Oberlin, Madeleine Angevine Oberlin, Republicain

Mireille

 

Molinera

Besgano, Castiza, Molinera gorda

Moscato d'Adda

Muscat d'Adda

Moscato d'Amburgo

Black Muscat, Hambro, Hamburg, Hamburski Misket, Muscat d'Hambourg, Moscato Preto

Moscato di Terracina

Moscato di Maccarese

Œillade

Black Malvoisie, Cinsaut, Cinsault, Ottavianello, Sinso

Panse precoce

Bianco di Foster, Foster's white, Sicilien

Perla di Csaba

Càbski Biser, Julski muskat, Muscat Julius, Perle de Csaba

Perlaut

 

Perlette

 

Pizzutello bianco

Aetonychi aspro, Coretto, Cornichon blanc, Rish Baba, Sperone di gallo, Teta di vacca

Precoce de Malingre

 

Primus

I. Pirovano 7

Prunesta

Bermestia nera, Pergola rossa, Pergolese di Tivoli

Regina dei Vigneti

Königin der Weingärten, Muskat Szölöskertek Kizalyneja, Szölöskertek Kizalyneh, Rasaki ourgarias, Regina Villoz, Reina de las Viñas, Reine des Vignes, I. Mathiasz 140, Queen of the Vineyards

Servant

Servan, Servant di Spagna

Sideritis

Sidiritis

Sultanines

Bidaneh, Kishmich, Kis Mis, Sultan, Sultana, Sultani, Cekirdesksiz, Sultanina bianca, Sultaniye, Thompson Seedless and mutations

Valenci blanc

Valensi, Valency, Panse blanche

Valenci noir

Planta Mula, Rucial de Mula, Valenci negro

Yapincak

 

▼M15

PART 10:   MARKETING STANDARD FOR TOMATOES

I.    DEFINITION OF PRODUCE

This standard applies to tomatoes of varieties (cultivars) grown from Lycopersicum esculentum Mill to be supplied fresh to the consumer, tomatoes for industrial processing being excluded.

Tomatoes may be classified into four commercial types:

 ‘round’

 ‘ribbed’

 ‘oblong’ or ‘elongated’

 ‘cherry’ tomatoes (including ‘cocktail’ tomatoes)

II.    PROVISIONS CONCERNING QUALITY

The purpose of the standard is to define the quality requirements of tomatoes, after preparation and packaging.

A.    Minimum requirements

In all classes, subject to the special provisions for each class and the tolerances allowed, the tomatoes must be:

 intact

 sound, produce affected by rotting or deterioration such as to make it unfit for consumption is excluded

 clean, practically free of any visible foreign matter

 fresh in appearance

 practically free from pests

 free from damage caused by pests affecting the flesh

 free of abnormal external moisture

 free of any foreign smell and/or taste.

In the case of trusses of tomatoes, the stalks must be fresh, healthy, clean and free from all leaves and any visible foreign matter.

The development and condition of the tomatoes must be such as to enable them:

 to withstand transportation and handling

 to arrive in satisfactory condition at the place of destination.

B.    Classification

Tomatoes are classified in three classes, as defined below:

(i)    ‘Extra’ Class

Tomatoes in this class must be of superior quality. They must have firm flesh and must be characteristic of the variety as regards shape, appearance and development.

Their colouring, according to their state of ripeness, must be such as to satisfy the requirements set out in the last subparagraph of paragraph A above.

They must be free from greenbacks and other defects, with the exception of very slight superficial defects, provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.

(ii)    Class I

Tomatoes in this class must be of good quality. They must be reasonably firm and characteristic of the variety.

They must be free of cracks and visible greenback. The following slight defects, however, may be allowed provided these do not affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:

 a slight defect in shape

 slight defects in colouring

 slight skin defects

 very slight bruises.

Furthermore, ‘ribbed’ tomatoes may show:

 healed cracks not more than 1 cm long

 no excessive protuberances

 small umbilicus, but no suberisation

 suberisation of the stigma up to 1 cm2

 fine blossom scar in elongated form (like a seam), but not longer than two-thirds of the greatest diameter of the fruit.

(iii)    Class II

This class includes tomatoes which do not qualify for inclusion in the higher classes, but satisfy the minimum requirements specified above.

They must be reasonably firm (but may be slightly less firm than in Class I) and must not show unhealed cracks.

The following defects may be allowed provided the tomatoes retain their essential characteristics as regards the quality, the keeping quality and presentation:

 defects in shape, development and colouring

 skin defects or bruises, provided the fruit is not seriously affected

 healed cracks not more than 3 cm in length for round, ribbed or oblong tomatoes.

Furthermore, ‘ribbed’ tomatoes may show:

 more pronounced protuberances than allowed under Class I, but without being misshapen

 an umbilicus

 suberisation of the stigma up to 2 cm2

 fine blossom scar in elongated form (like a seam).

III.    PROVISIONS CONCERNING SIZING

Size is determined by the maximum diameter of the equatorial section, by weight or by count.

The following provisions shall not apply to trusses of tomatoes, and are optional for Class II.

To ensure there is uniformity in size:

(a) The maximum difference in diameter between tomatoes in the same package shall be limited to:

 10 mm, if the diameter of the smallest fruit (as indicated on the package) is under 50 mm

 15 mm, if the diameter of the smallest fruit (as indicated on the package) is 50 mm and over but under 70 mm

 20 mm, if the diameter of the smallest fruit (as indicated on the package) is 70 mm and over but under 100 mm

 there is no limitation of difference in diameter for fruit equal or over 100 mm.

In case size codes are applied, the codes and ranges in the following table have to be respected:



Size code

Diameter (mm)

0

≤ 20

1

> 20 ≤ 25

2

> 25 ≤ 30

3

> 30 ≤ 35

4

> 35 ≤ 40

5

> 40 ≤ 47

6

> 47 ≤ 57

7

> 57 ≤ 67

8

> 67 ≤ 82

9

> 82 ≤ 102

10

> 102

(b) For tomatoes sized by weight or by count, the difference in size should be consistent with (a).

IV.    PROVISIONS CONCERNING TOLERANCES

Tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying the requirements of the class indicated.

A.    Quality tolerances

(i)    ‘Extra’ Class

A total tolerance of 5 %, by number or weight, of tomatoes not satisfying the requirements of the class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 % in total may consist of produce satisfying the requirements of Class II quality.

(ii)    Class I

A total tolerance of 10 %, by number or weight, of tomatoes not satisfying the requirements of the class but meeting those of Class II is allowed. Within this tolerance not more than 1 % in total may consist of produce neither satisfying the requirements of Class II quality nor the minimum requirements. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded. In the case of trusses of tomatoes, 5 %, by number or weight, of tomatoes detached from the stalk.

(iii)    Class II

A total tolerance of 10 %, by number or weight, of tomatoes satisfying neither the requirements of the class nor the minimum requirements is allowed. Produce affected by rotting or any other deterioration rendering it unfit for consumption is excluded. In the case of trusses of tomatoes, 10 %, by number or weight, of tomatoes detached from the stalk.

B.    Size tolerances

For all classes: 10 %, by number or weight, of tomatoes conforming to the size immediately above or below that specified.

V.    PROVISIONS CONCERNING PRESENTATION

A.    Uniformity

The contents of each package must be uniform and contain only tomatoes of the same origin, variety or commercial type, quality and size (if sized).

The ripeness and colouring of tomatoes in ‘Extra’ Class and Class I must be practically uniform. In addition, the length of ‘oblong’ tomatoes must be sufficiently uniform.

However, a mixture of tomatoes of distinctly different colours, varieties and/or commercial types may be packed together in a sales unit ( 57 ), provided they are uniform in quality and, for each colour, variety and/or commercial type concerned, in origin.

The visible part of the contents of the package must be representative of the entire contents.

B.    Packaging

The tomatoes must be packed in such a way as to protect the produce properly.

The materials used inside the package must be clean and of a quality such as to avoid causing any external or internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is allowed provided the printing or labelling has been done with non-toxic ink or glue.

Packages must be free of all foreign matter.

VI.    PROVISIONS CONCERNING MARKING

Each package ( 58 ) must bear the following particulars in letters grouped on the same side, legibly and indelibly marked and visible from the outside:

A.    Identification

Packer and/or dispatcher/shipper:

 name and physical address (e.g. street/city/region/postal code and, if different from the country of origin, the country)

 or

 a code mark officially recognised by the national authority ( 59 ).

B.    Nature of produce

‘Tomatoes’ or ‘trusses of tomatoes’ and the commercial type if the contents are not visible from the outside. These details must always be provided for ‘cherry’ (or ‘cocktail’) tomatoes, whether in trusses or not.

 ‘Mixture of tomatoes’, or equivalent denomination, in the case of sales units containing a mixture of distinctly different colours, varieties and/or commercial types of tomatoes. If the produce is not visible from the outside, the colours, varieties or commercial types of the sales unit must be indicated.

 Name of the variety (optional).

C.    Origin of produce

Country of origin and, optionally, district where grown, or national, regional or local place name.

In the case of sales units containing a mixture of distinctly different colours, varieties and/or commercial types of tomatoes of different origins, the indication of each country of origin shall appear next to the name of the colour, variety and/or commercial type concerned.

D.    Commercial specifications

 Class

 Size (if sized) expressed as minimum and maximum diameters.

E.    Official control mark (optional)

 Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious position on at least two sides of the pallet.

▼M8




ANNEX II

SPECIMEN MENTIONED IN ARTICLE 11(1)

Community marketing standard applicable to fresh fruit and vegetablesNo (of the approved trader)(Member State)




ANNEX III

CERTIFICATE OF CONFORMITY WITH THE COMMUNITY MARKETING STANDARDS FOR FRESH FRUIT AND VEGETABLES MENTIONED IN ARTICLES 11, 12 AND 12a

1. TraderCertificate of conformity with the Community marketing standards applicable to fresh fruit and vegetablesNo …(This certificate is exclusively for the use of inspection bodies)2. Packer identified on packaging (if other than trader)3. Inspection body4. Place of inspection / country of origin (1)5. Region or country of destination6. Identifier of means of transport7.InternalImportExport8. Packages (number and type)--9. Type of product (variety if the standard specifies)10. Quality class11. Total net weight in kg12. The consignment referred to above conforms, at the issue time, with the Community marketing standards in force.Customs office foreseen Place and date of issueValid until (date):Signatory (name in block letters):Signature Seal of the competent authority13. Observations(1) Where the goods are being re-exported, indicate the origin in box 9.

▼B




ANNEX IV

COUNTRIES WHOSE CHECKS ON CONFORMITY HAVE BEEN APPROVED UNDER ARTICLE 13

▼M8 —————

▼B



Country

Products

Switzerland

Fresh fruit and vegetables other than citrus fruit

Morocco

Fresh fruit and vegetables

South Africa

Fresh fruit and vegetables

Israel

Fresh fruit and vegetables

India

Fresh fruit and vegetables

New Zealand

Apples, pears and kiwi fruit

Senegal

Fresh fruit and vegetables

Kenya

Fresh fruit and vegetables

Turkey

Fresh fruit and vegetables

▼M8 —————

▼M8




ANNEX VI

Methods of inspection mentioned in Article 20(1)

Remark: the following methods of inspection are based on the provisions of the guide for the implementation of quality control of fresh fruit and vegetables adopted by the OECD Scheme for the Application of International Standards for Fruit and Vegetables.

1.   DEFINITIONS

1.1.   Package

Individually packaged part of a lot, including contents so as to facilitate handling and transport of a number of sales units or of products loose or arranged, in order to prevent damage by physical handling and transport. Road, rail, ship and air containers are not considered as packages.

1.2.   Sales package

Individually packaged part of a lot, including contents which is so as to constitute a sales unit to the final user or consumer at the point of purchase.

1.2a.   Pre-packages

Pre-packages are sales packages such as the packaging encloses the foodstuff completely or only partially, but in such a way that the contents cannot be altered without opening or changing the packaging. Protective films covering single produce are not considered as a pre-package.

1.3.   Consignment

Quantity of produce to be sold by a given trader found at the time of inspection and defined by a document. A consignment may consist of one or several types of produce; it may contain one or several lots of fresh, dry or dried fruit and vegetables.

1.4.   Lot

Quantity of produce which, at the time of inspection at one place, has similar characteristics with regard to:

 packer and/or dispatcher

 country of origin

 nature of produce

 class of produce

 size (if the produce is graded according to size)

 variety or commercial type (according to the relevant provisions of the standard)

 type of packaging and presentation.

However, if during the conformity check of consignments (as defined in point 1.3), it is difficult to distinguish between different lots and/or presentation of individual lots is not possible, all lots of a specific consignment may be treated as one lot if they are similar in regard to type of produce, dispatcher, country of origin, class and variety or commercial type, if this is provided for in the relevant marketing standard.

1.5.   Sampling

Collective samples taken temporarily from a lot during conformity check.

1.6.   Primary sample

Package taken at random from the lot, in case of packed produce or, in case of bulk produce (direct loading into a transport vehicle or compartment thereof), a quantity taken at random from a point in the lot.

1.7.   Bulk sample

Several primary samples supposed to be representative for the lot so that the total quantity is sufficient to allow the assessment of the lot with regard to all criteria.

1.8.   Secondary sample

An equal quantity of produce taken at random from the primary sample.

In the case of packed nuts, the secondary sample shall weigh between 300 g and 1 kg. If the primary sample is made up of packages containing sales packages, the secondary sample shall be one or more sales packages that in aggregate are at least 300 g.

In the case of other packed produce, the secondary sample shall comprise 30 units, in case the net weight of the package is 25 kg or less and the package does not contain any sales packages. In certain cases this means that the whole content of the package has to be checked, if the primary sample contains not more than 30 units.

1.9.   Composite sample (dry and dried produce only)

A composite sample is a mix, weighing at least 3 kg, of all the secondary samples taken from the bulk sample. Produce in the composite sample shall be evenly mixed.

1.10.   Reduced sample

Quantity of produce taken at random from the bulk or composite sample whose size is restricted to the minimum quantity necessary but sufficient to allow the assessment of certain individual criteria.

If the inspection method would destroy the produce, the size of the reduced sample shall not exceed 10 % of the bulk sample or, in the case of nuts in shell, 100 nuts taken from the composite sample. In the case of small dry or dried products (i.e. 100 g include more than 100 units) the reduced sample shall not exceed 300 g.

For the assessment of criteria on the degree of the development and/or ripeness, the constitution of the sampling shall be done according to the objective methods described in the Guidance on Objective Tests to Determine Quality of Fruit and Vegetables and Dry and Dried Produce (http://www.oecd.org/agr/fv).

Several reduced samples may be taken from a bulk or composite sample in order to check the conformity of the lot against different criteria.

2.   IMPLEMENTATION OF CONFORMITY CHECK

2.1.   General remark

A conformity check shall be made by assessing samples taken at random from different points in the lot to be controlled. It is based on the principle of presumption that the quality of the samples is representative of the quality of the lot.

2.2.   Place of control

A conformity check may be carried out during packing operation, at the point of dispatch, during transport, at the point of reception, at whole sale and retail level.

In cases where the inspection body does not carry out the conformity check in their own premises, the holder shall provide facilities enabling the conduct of a conformity check.

2.3.   Identification of lots and/or getting a general impression of the consignment

The identification of lots shall be carried out on the basis of their marking or other criteria, such as the indications laid down under Council Directive 89/396/EEC ( 60 ). In the case of consignments which are made up of several lots it is necessary for the inspector to get a general impression of the consignment with the aid of accompanying documents or declarations concerning the consignments. The inspector shall then determine how far the lots presented comply with the information in these documents.

If the produce is to be or has been loaded onto a means of transport, the registration number of the latter shall be used for identification of the consignment.

2.4.   Presentation of produce

The inspector shall decide which packages are to be checked. The presentation shall be made by the operator and shall include the presentation of the bulk sample as well as the supply of all information necessary for the identification of the consignment or lot.

If reduced or secondary samples are required, these shall be identified by the inspector from the bulk sample.

2.5.   Physical check

 Assessment of packaging and presentation:

 The packaging, including the material used within the package, shall be tested for suitability and cleanness according to the provisions of the relevant marketing standard. This shall be done on the basis of primary samples, in case of packed produce and in all other cases on the basis of the transport vehicle. If only certain types of packaging or presentation are permitted, the inspector shall check whether these are being used.

 Verification of marking:

 The inspector shall check whether the produce is marked according to the relevant marketing standard. This shall include a check on the accuracy of marking and/or the extent of any amendments required.

 In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases on the basis of the documents attached to the pallet or the transport vehicle.

 Fruit and vegetables individually wrapped in plastic shall not be considered as pre-packed foodstuff in the meaning of European Parliament and Council Directive 2000/13/EC and shall not necessarily need to be marked in accordance with the marketing standards. In such cases, the plastic wrapping may be considered as a simple protection for fragile products.

 Verification of conformity of the produce:

 The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The inspector selects at random the packages to be inspected or in the case of bulk produce the points of the lot from which individual samples shall be taken.

 Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce.

 Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject to a separate examination and report.

 The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or the risk of a produce not conforming to the marketing standard has to be examined:

 



Packed produce

Number of packages in the lot

Number of packages to be taken (primary samples)

Up to 100

5

From 101 to 300

7

From 301 to 500

9

From 501 to 1 000

10

More than 1 000

15 (minimum)

 



Produce in bulk

(direct loading into a transport vehicle or compartment thereof)

Quantity of lot in kg or number of bundles in the lot

Quantity of primary samples in kg or number of bundles

Up to 200

10

From 201 to 500

20

From 501 to 1 000

30

From 1 001 to 5 000

60

More than 5 000

100 (minimum)

 In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples shall be made up of at least five units. In the case of lots comprising fewer than 5 packages or weighing less than 10 kg, the check shall cover the entire lot.

 If the inspector discovers, after an inspection, that a decision cannot be reached, another physical check shall be undertaken and the overall result reported as an average of the two checks.

2.6.   Control of produce

In case of packed produce, the primary samples shall be used to check the general appearance of the produce, the presentation, the cleanliness of the packages and the labelling. In all other cases, these checks shall be done on basis of the lot or transport vehicle.

The produce shall be removed entirely from its packaging for the conformity check. The inspector may only dispense with this where the sampling is based on composite samples.

The inspection of uniformity, minimum requirements, quality classes and size shall be carried out on the basis of the bulk sample, or on the basis of the composite sample taking into account the explanatory brochures published by the OECD Scheme for the Application of International Standards for Fruit and Vegetables (http://www.oecd.org/agr/fv).

When defects are detected, the inspector shall ascertain the respective percentage of the produce not in conformity with the standard by number or weight.

External defects shall be checked on the basis of the bulk or composite sample. Certain criteria on the degree of development and/or ripeness or on the presence or absence of internal defects may be checked on the basis of reduced samples. The check based on the reduced sample applies in particular to checks which destroy the trade value of the produce.

The criteria on the degree of development and/or ripeness shall be checked using the instruments and methods laid down to this end in the relevant marketing standard or in accordance with the Guidance on Objective Tests to Determine Quality of Fruit and Vegetables and Dry and Dried Produce (http://www.oecd.org/agr/fv).

2.7.   Report of control results

Documents mentioned in Article 12a shall be issued where appropriate.

If defects are found leading to non conformity, the trader or his representative shall be informed in writing about these defects and the percentage found as well as the reasons for non-conformity. If the compliance of produce with the standard is possible by a change in marking, the trader or his representative shall be informed.

If defects are found in a product, the percentage found not to be in conformity with the standard shall be indicated.

2.8.   Decline in value by conformity check

After the conformity check, the bulk/composite sample is put at the disposal of the operator or his representative.

The inspection body shall not be bound to hand back the elements of the bulk/composite sample destroyed during the conformity check.

▼M23




ANNEX VIa



PROCESSED PRODUCTS REFERRED TO IN ARTICLE 52(2a)

Category

CN code

Description

Fruit juices

ex20 09

Fruit juices, excluding grape juice and grape must of subheadings 2009 61 and 2009 69, banana juice of subheading ex20 09 80 and concentrated juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter.

Concentrated fruit juices are fruit juices coming under heading ex20 09 obtained by the physical removal of at least 50 % of the water content, in packings of a net content of not less than 200 kg.

Tomato concentrate

ex200290 31

ex200290 91

Tomato concentrate with a dry weight content of not less than 28 % in immediate packings of a net content of not less than 200 kg.

Frozen fruit and vegetables

ex07 10

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59.

ex08 11

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex081190 95.

ex20 04

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex200490 10, olives of subheading ex200490 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91.

Canned fruit and vegetables

ex20 01

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

— fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

— sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

— yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of subheading 2001 90 40

— palm hearts of subheading 2001 90 60