(1)

Commission Delegated Regulation (EU) 2017/891 (2) supplements Regulation (EU) No 1308/2013 with regard to the recognition of producer organisations, associations of producer organisations, the notification of producer prices and of values and volumes of certain imported products by Member States in the fruit and vegetables and processed fruit and vegetables sectors.

(2)

In order to improve clarity and to harmonise and simplify the governance of the producer organisations, the definitions of transnational producer organisation and transnational association of producer organisations should be aligned with their horizontal definitions set out in Commission Delegated Regulation (EU) 2016/232 (3). Furthermore, it should be clarified that for the purpose of recognition, the same rules apply to producer organisations and associations of producer organisations as to the transnational formations thereof.

(3)

It is necessary to clarify that a producer organisation recognised for products intended solely for processing may process those products by itself, in its own facilities or in those of a subsidiary or deliver them to an external processing facility.

(4)

The value of marketed production is one of the requirements for the recognition of a producer organisation or an association of producer organisations. As the calculation of the value of marketed production is governed by Regulation (EU) 2021/2115 of the European Parliament and of the Council (4), it is necessary to update the legal reference to the valid methodology for the calculation of the value of marketed production, which is laid down in Commission Delegated Regulation (EU) 2022/126 (5). Likewise, it is necessary to update the legal reference to the methodology for the calculation of the value of marketed production of transnational producer organisations and associations thereof. Furthermore, the rules for the approval of operational programmes of transnational producer organisations and associations thereof should be deleted from Delegated Regulation (EU) 2017/891, as those are governed by Regulation (EU) 2021/2115.

(5)

The increasing occurrence of extreme events, such as natural disasters, climatic events, plant diseases or pest infestations, may result in a significant decrease in the production of the members of a producer organisation. In case the producer organisation is also selling products from non-member producers, compliance with the proportion of the value of that activity as compared to the value of the marketed production of members may excessively restrict the overall economic activity of the producer organisation and threaten its recognition. It is thus necessary to allow recognised producer organisations to benefit from a derogation from the calculation of the value of their marketed production under those extreme circumstances, to ensure the stability of their operations.

(6)

Concentration of supply is the main aim of recognised producer organisations. One way to achieve this is through mergers. In case of mergers, for the sake of simplification, the provisions for assigning a number for the purposes of the unique identification system should allow Member States to either maintain one of the existing identification numbers for the resulting producer organisation or assign a new number.

(7)

The Member States are to collect and notify the information specified in Article 222a(4) of Regulation (EU) No 1308/2013. To improve clarity regarding notification, it is necessary to determine the fruit and vegetables for which the types or varieties and packaging formats the producer prices are to be notified. To ensure that the methodology for the collection of the prices to be notified is the same along the whole supply chain, from farmgate to retail stage, alignment with the methodology set out in Commission Implementing Regulation (EU) 2017/1185 (6) is necessary.

(8)

As the financing of operational programmes of recognised producer organisation falls within the scope of Regulation (EU) 2021/2115, it is necessary to clarify which payments may be suspended or recovered in cases where producer organisations fail to respect the recognition criteria.

(9)

While Member States are to exclude producers of organic products to determine the representativeness of producer organisations and association of producer organisations, organic production should be taken into account if the extension of rules expressly and specifically applies also to producers, producer organisations and associations of producer organisations of organic products.

(10)

Rules on the notification of decisions on extension of rules taken by Member States pursuant to Article 164(6) of Regulation (EU) No 1308/2013 are governed by Article 5(2a) of Delegated Regulation (EU) 2016/232, which specifies the deadlines and information to be notified. Member States have to notify information on the extension of rules in the fruit and vegetables and processed fruit and vegetables sectors also under Article 70 of Delegated Regulation (EU) 2017/891. To avoid double notification, the obligation to notify information on the extension of rules should be deleted from Delegated Regulation (EU) 2017/891.

(11)

Under Article 70 of Delegated Regulation (EU) 2017/891, Member States are required to notify the economic area or areas in which the extension of rules applies. Notification of that information is not required under Delegated Regulation (EU) 2016/232. Due to the specificity of the fruit and vegetables and processed fruit and vegetables sectors, where the extension of rules is regularly used at regional level or in specific production areas, but not at national level, the requirement to notify the economic area or areas of the extension concerning those sectors should be included in Delegated Regulation (EU) 2016/232.

(12)

Member States are required to notify prices and quantities of certain fruit and vegetables on the basis of quotations collected in representative import markets, if the imports are above 10 tonnes. Due to changes in market dynamics and the development of trade flows, it is necessary to improve the rules on notification so that they reflect those changes and provide for alternative methods of data collection in case no representative import markets are identified by the Member States. Furthermore, to reduce the administrative burden and the number of notifications, while increasing the robustness of the system, the notifications should be done on a weekly basis. It is also necessary to introduce a definition of the market week in Delegated Regulation (EU) 2017/891.

(13)

Article 181(1) of Regulation (EU) No 1308/2013 provides the basis for the establishment of the entry price system for certain products of the fruit and vegetables and processed fruit and vegetables sector. When applying the customs value for the fruit and vegetables referred to in Annex VII to Delegated Regulation (EU) 2017/891, the importer must pay a guarantee if the conditions laid down in Article 75 of that Delegated Regulation are met. It is thus necessary to clearly set the periods of application where the guarantee to be provided by the importer is required.

(14)

To provide clarity on the list of products for the purposes of the entry price system, it is necessary to reflect and update the codes in Annex VII to Delegated Regulation (EU) 2017/891 according to the valid Combined Nomenclature.

(15)

Delegated Regulations (EU) 2016/232 and (EU) 2017/891 should therefore be amended accordingly,

(1)

Article 2 is amended as follows:

(2)

in Article 4, paragraph 2 is replaced by the following:

(3)

in Article 8, paragraph 1 is replaced by the following:

(*2)  Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1 (OJ L 20, 31.1.2022, p. 52, ELI: http://data.europa.eu/eli/reg_del/2022/126/oj).’;"

(4)

Article 11 is amended as follows:

(5)

in Article 13(2), second subparagraph, ‘Article 22(8)’ is replaced by ‘Article 31(7) of Delegated Regulation (EU) 2022/126’;

(6)

Article 14 is amended as follows:

(7)

in Article 15(1), the first subparagraph is replaced by the following:

‘Where producer organisations merge, the producer organisation resulting from the merger shall assume the rights and obligations of the individual producer organisations that merged. The Member State shall ensure that the producer organisation resulting from the merger complies with all recognition criteria and maintains one of the existing numbers or is assigned a new number for the purposes of the unique identification system referred to in Article 22 of Implementing Regulation (EU) 2017/892.’;

(8)

in Article 21(3), point (b) is deleted;

(9)

Article 55 is replaced by the following:

(*3)  Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 3.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).’;"

(10)

Article 59 is amended as follows:

(11)

in Article 69(2), point (d) is replaced by the following:

(*6)  Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/848/oj).’;"

(12)

Article 70 is deleted;

(13)

in Article 73, the following point is added:

(14)

Article 74 is replaced by the following:

(15)

Article 75 is amended as follows:

(16)

Annex VII is replaced by the text in the Annex to this Regulation.