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Document 02017R0891-20230101
Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011
Consolidated text: Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011
Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011
02017R0891 — EN — 01.01.2023 — 006.002
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COMMISSION DELEGATED REGULATION (EU) 2017/891 of 13 March 2017 (OJ L 138 25.5.2017, p. 4) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION DELEGATED REGULATION (EU) 2018/1145 of 7 June 2018 |
L 208 |
1 |
17.8.2018 |
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COMMISSION DELEGATED REGULATION (EU) 2020/743 of 30 March 2020 |
L 176 |
1 |
5.6.2020 |
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COMMISSION DELEGATED REGULATION (EU) 2021/652 of 10 February 2021 |
L 135 |
4 |
21.4.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2021/2245 of 12 October 2021 |
L 453 |
3 |
17.12.2021 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2092 of 25 August 2022 |
L 281 |
18 |
31.10.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2513 of 26 September 2022 |
L 326 |
6 |
21.12.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2528 of 17 October 2022 |
L 328 |
70 |
22.12.2022 |
COMMISSION DELEGATED REGULATION (EU) 2017/891
of 13 March 2017
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011
TITLE I
INTRODUCTORY PROVISIONS
Article 1
Subject matter and scope
This Regulation supplements Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors as referred to in Article 1(2)(i) and (j) of that Regulation, with the exception of marketing standards, and supplements Regulation (EU) No 1306/2013 as regards penalties to be applied in those sectors.
However, Title II of this Regulation shall only apply to products of the fruit and vegetables sector as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013 and to such products intended for processing.
TITLE II
PRODUCER ORGANISATIONS
CHAPTER I
Requirements and recognition
Article 2
Definitions
For the purposes of this Title the following definitions shall apply:
‘producer’ means a farmer within the meaning of Article 4(1)(a) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council ( 1 ) producing fruit and vegetables as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013 and such products intended solely for processing;
‘producer member’ means a producer or legal entity constituted by producers that is a member of a producer organisation or association of producer organisations;
‘subsidiary’ means a company in which one or more producer organisations or associations of producer organisations have taken shares or constituted capital and which contributes to the objectives of those organisations or associations;
‘transnational producer organisation’ means any organisation in which at least one of the producers' holdings is located in a Member State other than where the organisation has its head office;
‘transnational association of producer organisations’ means any association of producer organisations in which at least one of the associated organisations or associations is located in a Member State other than where the association has its head office.
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Article 3
Legal status of producer organisations
Member States shall define the legal entities which may apply for recognition pursuant to Article 154 of Regulation (EU) No 1308/2013 in the light of their national legal and administrative structures. Where applicable, they shall also lay down provisions on clearly defined parts of legal entities which may apply for recognition pursuant to that Article. Member States may adopt complementary rules on recognition of producer organisations and on legal entities which may apply for recognition as producer organisations.
Article 4
Product coverage
Article 5
Minimum number of members
For the purposes of Article 154(1)(b) of Regulation (EU) No 1308/2013, Member States shall lay down a minimum number of members.
When laying down the minimum number of members of a producer organisation, 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 6
Minimum length of membership
Article 7
Structures and activities of producer organisations
Member States shall verify that producer organisations have at their disposal the staff, infrastructure and equipment necessary to fulfil the requirements laid down in Articles 152, 154 and 160 of Regulation (EU) No 1308/2013 and to ensure their essential functioning, in particular as regards:
the knowledge of their members' production;
the technical means for collecting, sorting, storing and packaging the production of their members;
marketing the production of their members;
commercial and budgetary management; and
centralised cost-based accounting and a system of invoicing according to national law.
Article 8
Value or volume of marketable production
Article 9
Minimum value of marketed production
For the purposes of Article 154(1)(b) of Regulation (EU) No 1308/2013, Member States shall, in addition to a minimum number of members, lay down a minimum value of marketed production for producer organisations implementing an operational programme.
Article 10
Provision of technical means
For the purposes of Article 154(1)(c) of Regulation (EU) No 1308/2013 and Article 7(b) of this Regulation, 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 in that regard, where it provides an adequate level of technical means itself or through its members, or through subsidiaries, or through an association of producer organisations of which it is a member or by outsourcing.
Article 11
Producer organisations' main activities
The placing on the market referred to in the first subparagraph shall be carried out by the producer organisation, or under the control of the producer organisation in the case of outsourcing as set out in Article 13. Placing on the market shall include among others the decision on the product to be sold, the way of selling and unless the sale is by means of auction, the negotiation of its quantity and price.
Producer organisations shall keep records, including accounting documents, for at least five years, which demonstrate that the producer organisation concentrated supply and placed on the market members' products for which it is recognised.
Article 12
Marketing of the production outside the producer organisation
Where the producer organisation so authorises in its statutes and where this is in compliance with the terms and conditions laid down by the Member State and the producer organisation, the producer members may:
sell products directly or outside their holdings to consumers for their personal needs;
market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned;
market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.
However, Member States may set a lower percentage of the production that the producer members may market outside the producer organisation than the one set out in the first subparagraph. Member States may increase that percentage up to 40 % in case of products covered by Council Regulation (EC) No 834/2007 ( 2 ) or where producer members market their production through another producer organisation designated by their own producer organisation.
Article 13
Outsourcing
For the purposes of Article 155 of Regulation (EU) No 1308/2013, the term ‘subsidiary’ includes any entity in a chain of subsidiaries. However, Member States may exclude the outsourcing of activities to an entity within a chain of subsidiaries.
However, the activity shall be considered as carried out by the producer organisation if it is carried out by an association of producer organisations or a cooperative whose members are themselves cooperatives where the producer organisation is a member thereof or by a subsidiary or an entity within a chain of subsidiaries, complying with the 90 % requirement referred to in Article 22(8).
The overall management control and supervision referred to in the first subparagraph of paragraph 2 shall be effective and require that the outsourcing contract, agreement or protocol:
enables the producer organisation to issue binding instructions and includes provisions enabling the producer organisation to terminate the contract, agreement or protocol if the service provider does not meet the terms and conditions of the outsourcing contract;
lays down detailed terms and conditions, including regular reporting obligations and deadlines which enable the producer organisation to exercise effective control over the outsourced activities.
Outsourcing contracts, agreements or protocols as well as the reports referred to in point (b) of the first subparagraph shall be kept by the producer organisation for at least 5 years for the purpose of ex-post checks and be accessible to all members on request.
Article 14
Transnational producer organisations
Alternatively, the head office may be established in the Member State where the majority of producer members are located, if the Member States concerned so agree.
However, if at the end of the implementation of that new operational programme, the majority of the value of marketed production is still achieved or the majority of the organisation's members are still located in a Member State other than that where the head office is currently located, the head office shall be transferred to that other Member State, unless the Member States concerned agree that the location of the head office shall not be changed.
The Member State in which the head office of the transnational producer organisation is located shall be responsible for the following:
recognising the transnational producer organisation;
approving the transnational producer organisation's operational programme;
establishing the necessary administrative cooperation 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 administrative penalties. Those other Member States shall give all necessary assistance to the Member State in which the head office is located in due time; and
providing, on the request of a Member State in which the members are located, all relevant documentation, including any applicable legislation available, translated into the official language or one of the official languages of that Member State.
Article 15
Mergers of producer organisations
The producer organisation resulting from the merger may either operate the programmes in parallel and separately until 1 January of the year following the merger, or merge the operational programmes from the moment of the merger.
Article 34 of this Regulation shall apply to operational programmes that are merged.
Article 16
Non-producer members
The natural or legal persons referred to in paragraph 1 shall not:
be taken into account for the recognition criteria;
benefit directly from the measures financed by the Union.
Member States may restrict or prohibit the natural or legal persons' right to vote on decisions relating to operational funds, in line with the conditions referred to in paragraph 1.
Article 17
Democratic accountability of producer organisations
In duly justified cases, Member States may set a higher maximum percentage of shares or capital that a legal person may hold in a producer organisation provided that measures are adopted to ensure that an abuse of power by such legal person is in any case avoided.
By way of derogation from the first subparagraph, in the case of producer organisations implementing an operational programme on 17 May 2014, the maximum percentage of shares or capital set by the Member State pursuant to the first subparagraph shall only apply after the end of that operational programme.
Article 18
Rules on producer organisations applicable to associations of producer organisations
Articles 3, 6, 11(3), 13, 15 and 17 shall apply mutatis mutandis to associations of producer organisations. Where the association of producer organisations sells the products of its member producer organisations, Article 11(2) shall apply mutatis mutandis.
Article 19
Recognition of associations of producer organisations
Article 20
Members of associations of producer organisations who are not producer organisations
Members of a recognised association of producer organisations who are not recognised producer organisations shall not:
be taken into account for the recognition criteria;
benefit directly from the measures financed by the Union.
Member States may permit, restrict or prohibit those members' right to vote on decisions relating to operational programmes.
Article 21
Transnational association of producer organisations
Alternatively, the head office may be established in the Member State where the majority of member producer organisations are located, if the Member States concerned so agree.
However, if at the end of the implementation of that new operational programme, the majority of the value of marketed production is still achieved or the majority of member producer organisations are still located in a Member State other than that where the head office is currently located, the head office shall be transferred to that other Member State, unless the Member States concerned agree that the location of the head office shall not be changed.
The Member State in which the head office of the transnational association of producer organisations is located shall be responsible for the following:
recognising the association;
approving, where applicable, the transnational association's operational programme;
establishing the necessary administrative cooperation with the other Member States in which the associated organisations are located with respect to compliance with the terms of recognition, the implementation of the operational programme by the member producer organisations and the system of checks and administrative penalties. Those other Member States shall give all necessary assistance to the Member State in which the head office is located; and
providing, on the request of a Member State in which the members are located, all relevant documentation, including any applicable legislation available, translated into the official language or one of the official languages of that Member State.
CHAPTER II
Operational funds and operational programmes
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CHAPTER III
Crisis prevention and management measures
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CHAPTER IV
National financial assistance
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CHAPTER V
General provisions
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Article 55
Member States' notifications concerning producer prices of fruit and vegetables on the internal market
For fruit and vegetables covered by the general marketing standard set out in Part A of Annex I to Implementing Regulation (EU) No 543/2011, only prices of products meeting that standard shall be notified, whereas prices for products covered by a specific marketing standard set out in Part B of that Annex shall only concern products of class I.
Member States shall notify a single weighted average price corresponding to the types and varieties of products, sizes and presentations specified in Annex VI to this Regulation. Where recorded prices concern other types, varieties, sizes or presentations than those specified in that Annex, Member States shall notify the Commission of the types, varieties, sizes and presentations of the products to which prices correspond.
Notified prices shall be ex-packaging station, sorted, packaged and, where applicable, on pallets, expressed in euro per 100 kilograms net weight.
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Article 59
Non-respect of recognition criteria
During the suspension of the recognition, the producer organisation may continue its activity, but aid payments shall be withheld until the suspension of the recognition is lifted. The yearly aid amount shall be reduced by 2 % for each calendar month or part thereof during which recognition is suspended.
The suspension shall end on the day of the check which confirms that the recognition criteria in question have been fulfilled.
However, when a producer organisation delivers to the Member State proof that due to natural disasters, adverse climatic events, diseases or pest infestations, despite having undertaken the risk prevention measures it is not able to respect the recognition criteria laid down in Article 154(1)(b) of Regulation (EU) No 1308/2013 in respect of the minimum volume or value of marketable production laid down by Member States, the Member State may, for the year in question, derogate from the minimum volume or value of marketable production for this producer organisation.
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CHAPTER VI
Extension of rules
Article 68
Conditions for the extension of rules
Article 164 of Regulation (EU) No 1308/2013 shall apply to products of the fruit and vegetables and processed fruit and vegetables sectors provided that the rules referred to in paragraph 4 of that Article:
have been in force for at least one year;
are made binding for no more than three years.
However, Member States may derogate from the condition laid down in point (a) of the first subparagraph of this paragraph where the aim of the rules to be extended is one of those referred to in points (a), (e), (f), (h), (i) (j), (m) and (n) of the first subparagraph of Article 164(4) of Regulation (EU) No 1308/2013.
Article 69
National rules
For the purpose of determining representativeness of producer organisations and associations of producer organisations within the meaning of Article 164(3) of Regulation (EU) No 1308/2013, Member States shall lay down rules excluding:
producers whose production is intended essentially for direct sale to consumers on the holding or in the production area;
direct sales as referred to in point (a);
produce delivered for processing under a contract signed before the beginning of the harvest, unless the extended rules expressly cover such products;
producers or production of organic products covered by Regulation (EC) No 834/2007.
Article 70
Notification of extension of rules and economic areas
When a Member State notifies rules it has made binding for a given product and economic area pursuant to Article 164(6) of Regulation (EU) No 1308/2013, it shall immediately inform the Commission of:
the economic area in which those rules will apply;
the producer organisation, association of producer organisations or interbranch organisation which requested the extension of the rules and the data showing the compliance with Article 164(3) of Regulation (EU) No 1308/2013;
where the extension of rules is requested by a producer organisation or association of producer organisations, 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 at the time when the request for extension is made;
where the extension of rules is requested by a producer organisation or association of producer organisations, the total production of the economic area and the production marketed by that organisation or association during the last year for which figures are available;
the date from which the rules to be extended have applied to the producer organisation, association of producer organisations or interbranch organisation concerned; and
the date from which the extension is to take effect and its duration.
Article 71
Repeal of extension of rules
The Commission shall adopt the decision referred to in Article 175(d) of Regulation (EU) No 1308/2013 requiring a Member State to repeal an extension of rules decided on by that Member State pursuant to Article 164(1) of that Regulation where it finds that:
the decision of the Member State excludes competition in a substantial part of the internal market or jeopardises the free trade, or that the objectives of the Article 39 of the Treaty are endangered;
Article 101(1) of the Treaty applies to the rules extended to other producers;
the provisions of this Chapter have not been complied with.
The Commission's decision with regard to those rules shall apply from the date of the notification of such a finding to the Member State concerned.
Article 72
Buyers of produce sold on the tree
TITLE III
TRADE WITH THIRD COUNTRIES ENTRY PRICE SYSTEM
Article 73
Definitions
For the purposes of this Chapter:
‘lot’ means the goods presented under a declaration of release for free circulation, covering only goods of the same origin falling within one single CN code; and
‘importer’ means the declarant within the meaning of Article 5(15) of Regulation (EU) No 952/2013 of the European Parliament and of the Council ( 3 ).
Article 74
Notification of prices and quantities of products imported
For each product and for the periods set out in Part A of Annex VII, for each market day and origin, Member States shall notify the Commission, by 12.00 noon (Brussels time) the following working day, of:
the average representative prices of the products imported from third countries sold on Member States' import markets; and
the total quantities relating to the prices referred to in point (a).
For the purposes of point (a) of the first subparagraph, Member States shall notify the Commission of the import markets they consider representative and which shall include London, Milan, Perpignan and Rungis.
Where the total quantities referred to in point (b) of the first subparagraph are less than 10 tonnes, the corresponding prices shall not be notified to the Commission.
The prices referred to in point (a) of the first subparagraph of paragraph 1 shall be recorded:
for each of the products listed in Part A of Annex VII;
for all of the available varieties and sizes; and
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 marketing margin of 15 % for the marketing centres of London, Milan and Rungis and of 8 % for other marketing centres; and
costs of transport and insurance within the customs territory of the Union.
For the costs of transport and insurance to be deducted pursuant to the second subparagraph, Member States may fix standard amounts for deduction. Such standard amounts and the methods for calculating them shall be notified to the Commission immediately.
The prices recorded in accordance with paragraph 2 shall, where they are established at the wholesale/retail stage, be reduced by:
an amount equal to 9 % to take in respect of the wholesaler's trade margin, and
an amount equal to EUR 0,7245 per 100 kilograms in respect of the costs of handling and market taxes and charges.
For products listed in Part A of Annex VII covered by a specific marketing standard, the following prices shall be deemed to be representative:
prices of Class I products where the quantities in that class account for at least 50 % of the total quantities marketed;
prices of Class I and Class II products where the quantities in those classes account for at least 50 % of the total quantities marketed;
prices of 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 their quality characteristics, those products are not normally marketed in Class I.
The adjustment coefficient referred to in point (c) of the first subparagraph shall be applied after deduction of the amounts referred to in paragraph 2.
For products listed in Part A of Annex VII that are not covered by a specific marketing standard, prices of products complying with the general marketing standard shall be deemed to be representative.
Article 75
Entry price basis
The first subparagraph shall not apply when the standard import value is higher than the entry prices listed in Annex 2 of Section I of Part Three of Annex I to Council Regulation (EEC) No 2658/87 ( 5 ), or where the declarant requests the immediate entry in the accounts of the amount of duties to which the goods may ultimately be liable instead of providing a guarantee.
Failure to meet one of these deadlines shall entail the loss of the guarantee provided, without prejudice to the application of paragraph 6.
The guarantee provided shall be released to the extent that proof of the conditions of disposal is provided to the satisfaction of the customs authorities. Otherwise the guarantee shall be forfeit by way of payment of the import duties.
In order to prove that the lot was disposed of under the conditions set out in the first subparagraph, the importer shall make available, in addition to the invoice, all documents needed for the carrying out of the relevant customs controls in relation to the sale and disposal of each product of the lot in question, including documents relating to the transport, insurance, handling and storage of the lot.
Where the marketing standards referred to in Article 3 of Implementing Regulation (EU) No 543/2011 require the product variety or the type of the fruit and vegetables to be indicated on the packaging, the product variety or the type of the fruit and vegetables that form part of the lot shall be indicated on documents related to transport, invoices and the delivery order.
If on verification, the competent authorities of the Member States establish that the requirements of this Article have not been met, they shall recover the duty due in accordance with Article 105 of Regulation (EU) No 952/2013. 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.
TITLE IV
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
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Article 77
Notifications
Member States shall designate a single competent authority or body responsible for fulfilling the notification obligations with respect to each one of the following topics:
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producer prices of fruit and vegetables on the internal market, as provided for in Article 55;
prices and quantities of the products imported from third countries and sold on the representative import markets referred to in Article 74;
import volumes put into free circulation, as provided for in Article 39 of Implementing Regulation (EU) 2017/892.
The list of the designated authorities or bodies containing their names and addresses shall be made available to the Member States and to the public by every appropriate means via the information systems put in place by the Commission, including publication on the internet.
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Article 81
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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ANNEX VI
Price notification referred to in Article 55(1)
Product |
Type/variety |
Presentation/size |
Representative Markets |
Tomatoes |
Round |
Size 47-102 mm, in bulk, in packages of 5 or 6 kg |
Belgium Bulgaria Germany Greece Spain France Italy Hungary Netherlands Poland Portugal Romania |
Truss |
All kinds of trusses but only if the average size of the individual tomatoes is 47 mm or above 47 mm, in packages of 5 or 6 kg |
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Special/Cherry |
Loose or truss tomatoes, special tomatoes, if only the average size of the individual tomatoes is below 47 mm (40 mm in case of cherry tomatoes), in packages of around 250-500 g |
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Apricots |
All types and varieties |
Size 45-50 mm Trays or packages of around 6-10 kg |
Bulgaria Greece Spain France Italy Hungary |
Nectarines |
White flesh |
Size A/B Trays or packages of around 6-10 kg |
Greece Spain France Italy |
Yellow flesh |
Size A/B Trays or packages of around 6-10 kg |
||
Peaches |
White flesh |
Size A/B Trays or packages of around 6-10 kg |
Greece Spain France Italy Hungary Portugal |
Yellow flesh |
Size A/B Trays or packages of around 6-10 kg |
||
Table grapes |
All types and varieties with seeds |
Trays or packages of 1 kg Trays or packages of 1 kg |
Greece Spain France Italy Hungary Portugal |
All type and varieties seedless |
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Pears |
Blanquilla |
Size 55/60, packages of around 5-10 kg |
Belgium Greece Spain France Italy Hungary Netherlands Poland Portugal |
Conference |
Size 60/65+, packages of around 5-10 kg |
||
Williams |
Size 65+/75+, packages of around 5-10 kg |
||
Rocha |
|||
Abbé Fétel |
Size 70/75, packages of around 5-10 kg |
||
Kaiser |
|||
Doyenné du Comice |
Size 75/90, packages of around 5-10 kg |
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Apples |
Braeburn |
Size 65/80, packages of around 5-20 kg |
Belgium Czechia Germany Greece Spain France Italy Hungary Netherlands Austria Poland Portugal Romania |
Cox orange Elstar Gala Golden delicious |
|||
Jonagold (or Jonagored) Idared Fuji |
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Shampion |
|||
Granny smith Red delicious and other red varieties Boskoop |
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Satsumas |
All varieties |
Sizes 1-X -3, packages of around 10-20 kg |
Spain |
Lemons |
All varieties |
Sizes 3-4, packages of around 10-20 kg |
Greece Spain Italy |
Clementines |
All varieties |
Sizes 1-X -3, packages of around 10-20 kg |
Greece Spain Italy |
Mandarins |
All varieties |
Sizes 1 – 2, packages of around 10-20 kg |
Greece Spain Italy Portugal |
Oranges |
Salustiana Navelinas Navelate |
Size 3-6, packages of around 10-20 kg |
Greece Spain Italy Portugal |
Lanelate Valencia late |
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Tarocco |
|||
Navel |
|||
Cauliflowers |
All types and varieties |
Size 16-20 cm |
Germany Spain France Italy Poland |
Eggplants (aubergines) |
All types and varieties |
Size 40+/70+ |
Spain Italy Romania |
Water melons |
All types and varieties |
usual standards in the representative market |
Greece Spain Italy Hungary Romania |
Melons |
All types and varieties |
usual standards in the representative market |
Greece Spain France Italy |
ANNEX VII
List of products for the purposes of the entry price system set out in Title III
Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the arrangements provided for in the Title III is determined by the scope of the CN codes as they exist at the time of adoption of this Regulation. Where ‘ex’ appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and that of the description of the products, and the corresponding period of application
PART A
CN code |
Description |
Period of application |
ex 0702 00 00 |
Tomatoes |
From 1 January to 31 December |
ex 0707 00 05 |
Cucumbers (1) |
From 1 January to 31 December |
ex 0709 90 80 |
Artichokes |
From 1 November to 30 June |
0709 90 70 |
Courgettes |
From 1 January to 31 December |
ex 0805 10 20 |
Sweet oranges, fresh |
From 1 December to 31 May |
ex 0805 20 10 |
Clementines |
From 1 November to end of February |
ex 0805 20 30 ex 0805 20 50 ex 0805 20 70 ex 0805 20 90 |
Mandarins (including tangerines and satsumas); wilking and similar citrus hybrids |
From 1 November to end of February |
ex 0805 50 10 |
Lemons (Citrus limon, Citrus limonum) |
From 1 June to 31 May |
ex 0806 10 10 |
Table grapes |
From 21 July to 20 November |
ex 0808 10 80 |
Apples |
From 1 July to 30 June |
ex 0808 20 50 |
Pears |
From 1 July to 30 April |
ex 0809 10 00 |
Apricots |
From 1 June to 31 July |
ex 0809 20 95 |
Cherries, other than sour cherries |
From 21 May to 10 August |
ex 0809 30 10 ex 0809 30 90 |
Peaches, including nectarines |
From 11 June to 30 September |
ex 0809 40 05 |
Plums |
From 11 June to 30 September |
PART B
CN code |
Description |
Period of application |
ex 0707 00 05 |
Cucumbers intended for processing |
From 1 May to 31 October |
ex 0809 20 05 |
Sour cherries (Prunus cerasus) |
From 21 May to 10 August |
( 1 ) Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
( 2 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
( 3 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
( 4 ) Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
( 5 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
( 6 ) Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).