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Document 02017R0891-20211218
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
- Date of document:
- 18/12/2021
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- 18/12/2021
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02017R0891 — EN — 18.12.2021 — 005.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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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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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) 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;
‘measure’ means one of the following:
actions aimed at the planning of production, including investments in physical assets;
actions aimed at improving or maintaining product quality, whether in a fresh or processed form, including investments in physical assets;
actions aimed at boosting the commercial value of products and improving marketing, including investments in physical assets, as well as promotion of the products, whether in a fresh or processed form, and communication activities other than promotion and communication activities falling under point (vi);
research and experimental production actions, including investments in physical assets;
training and exchange of best practices actions, other than training falling under point (vi), and actions aimed at promoting access to advisory services and technical assistance;
any of the crisis prevention and management actions listed in the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013;
environmental actions as referred to in Article 33(5) of Regulation (EU) No 1308/2013, including investments in physical assets;
other actions, including investments in physical assets, other than those falling under points (i) to (vii) which fulfil one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013;
‘action’ means a specific activity or instrument aimed at contributing to one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013;
‘investment in physical assets’ means the acquisition of tangible assets aimed at contributing to one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013;
‘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 product;
‘preparation’ means preparatory activities such as cleaning, cutting, peeling, trimming and drying of fruit and vegetables, without transforming them into processed fruit and vegetables;
‘interbranch basis’ as referred to in Article 34(3)(b) of Regulation (EU) No 1308/2013 means activities pursuing one or more of the objectives listed in Article 157(1)(c) of that Regulation 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 or distribution chain;
‘baseline indicator’ means any indicator reflecting a state or trend existing at the start of a programming period which may provide information useful:
in the analysis of the initial situation, in order to establish a national strategy for sustainable operational programmes or an operational programme;
as a reference against which the results and impact of a national strategy or an operational programme may be assessed; or
in interpreting the results and impact of a national strategy or an operational programme;
‘specific costs’ means the additional costs, calculated as the difference between the conventional costs and the costs actually incurred, and income foregone resulting from an action, excluding additional income and costs savings.
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
Article 22
Basis for calculation
The value of marketed production for an association of producer organisations shall be calculated on the basis of the production marketed by the association of producer organisations itself and by its member producer organisations, and shall only include the production of those fruit and vegetables for which the association of producer organisations is recognised. In making this calculation duplicate counting shall be avoided.
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 vegetable products listed in Part X of Annex I to Regulation (EU) No 1308/2013 or any other processed product referred to in this Article and described further in Annex I to this Regulation, by either a producer organisation, an association of producer organisations or their producer members or subsidiaries complying with the 90 % requirement referred to in paragraph 8 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:
53 % for fruit juices;
73 % for concentrated juices;
77 % for tomato concentrate;
62 % for frozen fruit and vegetables;
48 % for canned fruit and vegetables;
70 % for canned mushrooms of Agaricus bisporus and other cultivated mushrooms preserved in brine;
81 % for fruits provisionally preserved in brine;
81 % for dried fruits;
27 % for processed fruit and vegetables other than those referred to in points (a) to (h);
12 % for processed aromatic herbs;
41 % for paprika powder.
Except where paragraph 8 applies, the marketed production of fruit and vegetables shall be invoiced at the ‘ex-producer organisation’ stage as a product listed in Part IX of Annex I to Regulation (EU) No 1308/2013 that is prepared and packaged, excluding:
VAT;
costs of transport internal to the producer organisation, for the distance between the centralised collection or packing points of the producer organisation and the point of distribution of the producer organisation which exceeds 300 km.
The value of 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 shares or capital of the subsidiary is owned:
by one or more producer organisations or associations of producer organisations; or
subject to Member State approval, by producer members of the producer organisations or associations of producer organisations, if doing so contributes to the objectives listed in Article 152(1)(c) of Regulation (EU) No 1308/2013.
Article 23
Reference period and ceiling on Union financial assistance
The 12-month reference period shall be the accounting period of the producer organisation concerned.
The methodology for fixing the reference period shall not vary during an operational programme except in duly justified situations.
Where a reduction of at least 35 % in the value of a product has occurred due to natural disasters, climatic events, plant diseases or pest infestations falling outside the responsibility and control of the producer organisation, the value of marketed production of that product shall be deemed to represent 85 % of its value in the previous reference period. The producer organisation shall prove to the competent authority of the Member State concerned that those reasons were falling outside its responsibility and control. In case the producer organisation proves to the competent authority of the Member State concerned that it has taken the necessary preventive measures against the natural disaster, climatic event, plant disease or pest infestation concerned, the value of marketed production of that product shall be deemed to represent 100 % of its value in the previous reference period.
This paragraph shall also apply for the purpose of determining compliance with the minimum value of marketed production as provided for in Article 9.
Article 24
Accounting
Member States shall ensure that producer organisations comply with the national standards of cost-based accounting that allow independent auditors to promptly identify, check and certify their expenditure and revenue.
Article 25
Financing of operational funds
Article 26
Notification of estimated amount
However, Member States may set a later date than 15 September.
Article 27
National strategy
The national strategy may be subdivided into regional elements.
It shall identify and assess the priority needs, the objectives, the results expected and the quantified targets against the initial situation.
It shall also lay down the instruments and actions to attain those objectives.
The national strategy may be amended prior to the annual submission of the draft operational programmes.
Article 28
National framework for environmental actions
In addition to the submission of the proposed framework referred to in the second subparagraph of Article 36(1) of Regulation (EU) No 1308/2013, Member States shall notify the Commission of any amendments to the national framework, which shall be subject to the procedure set out in that subparagraph.
The Commission shall make the national framework available to other Member States by the means that it considers appropriate.
Article 29
Complementary Member State rules
Member States may adopt rules complementing Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2017/892 concerning the eligibility of measures, actions or expenditure under operational programmes.
Article 30
Relationship with rural development, State aid and promotion programmes
Where a Member State includes such operations in its rural development programme or programmes, it shall ensure that the national strategy indicates the safeguards, provisions and checks put in place to avoid double funding of the same action or operation.
Article 31
Eligibility of actions under operational programmes
However, Member States may fix standard flat rates, scales of unit costs or lump sums, except for expenditure linked to crisis prevention and management measures.
In addition, Member States may decide to use differentiated standard flat rates, scales of unit costs or lump sums to take into account regional or local specificities.
Member States shall ensure that the relevant calculations are adequate and accurate and established in advance on the basis of a fair, equitable and verifiable calculation. To that end Member States shall:
ensure that a body, that is functionally independent from the authorities responsible for the programme implementation and possesses the appropriate expertise, performs the calculations or confirms the adequacy and accuracy of the calculations;
keep all the documentary evidence concerning the establishment of standard flat rates or scales of unit costs and their review.
Investments in physical assets shall entail the following commitments:
without prejudice to paragraph 4, the physical assets acquired shall be used in accordance with their intended use, as described in the approved operational programme concerned;
without prejudice to the third and fourth subparagraphs of paragraph 6, the physical assets acquired shall remain both in the property and possession of the beneficiary until either the end of the fiscal depreciation period of the physical asset or for 10 years, whichever period is shorter. The beneficiary shall also ensure the maintenance of the physical asset during that period. However, where the investment is made on ground rented under particular national property rules, the requirement of being in the property of the beneficiary may not apply provided that the investments have been in the possession of the beneficiary at least for the period required in the first sentence of this point;
where the producer organisation is the owner and the member of the producer organisation is the holder of the physical asset to which the investment relates, the producer organisation shall have access rights to that asset for the duration of the fiscal depreciation period.
However, for the purposes of point (b) of the first subparagraph, Member States may provide that a period different to that of the fiscal depreciation period shall apply. Such period shall be indicated and duly justified in their national strategy and cover at least the period referred to in Article 71(1) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council ( 5 ).
If the fiscal depreciation period of an investment exceeds the length of the operational programme, it may be carried over to a subsequent operational programme.
Where investments are replaced, the residual value of the investments replaced shall be:
added to the operational fund of the producer organisation; or
subtracted from the cost of the replacement.
If the investment is sold before the end of the period referred to in paragraph 5 but it is not replaced, the Union aid paid to finance the investment shall be recovered and reimbursed to the European Agricultural Guarantee Fund (EAGF) in proportion to the number of full years that remain until the end of the depreciation period referred to in point (b) of the first subparagraph of paragraph 5.
If the producer member leaves the producer organisation, Member States shall ensure that the investment or its residual value is recovered by the producer organisation and in the latter case, added to the operational fund.
However, in duly justified circumstances, Member States may provide that the producer organisation shall not be required to recover the investment or its residual value.
Article 32
Operational programmes of associations of producer organisations
Article 33
Decision
Member States shall:
approve amounts of operational funds and operational programmes which meet the requirements of Regulation (EU) No 1308/2013 and those of this Chapter;
approve the operational programmes, on condition that certain amendments are accepted by the producer organisation; or
reject the operational programmes or parts thereof.
Member States shall notify the producer organisations of those decisions by 15 December.
However, for duly justified reasons, such decisions may be taken after that date, but no later than 20 January following the date of submission. The approval decision may provide that expenditure is eligible from 1 January of the year following the submission.
Article 34
Amendments to operational programmes
For duly justified reasons, such requests may be approved after the deadlines set by Member States, but no later than 20 January following the year of the request. The approval decision may provide that expenditure is eligible from 1 January following the year of the request.
Producer organisations may be authorised by Member States, during the year to:
implement their operational programmes in part only;
change the content of the operational programmes;
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 that the overall objectives of the operational programme are maintained;
add national financial assistance to the operational fund in case of application of Article 53.
Member States shall determine the conditions under which operational programmes may be amended during the year without prior approval by the competent authority of the Member State. Those amendments shall only be eligible for aid if they are notified by the producer organisation to the competent authority without delay.
Member States may modify the percentages referred to in point (c) of the second subparagraph in case of mergers of producer organisations as referred to in Article 15(1).
Article 35
Advance payments
Member States shall provide for conditions to ensure that financial contributions to the operational fund have been levied in accordance with Articles 24 and 25 and previous advance payments and the corresponding producer organisation contribution have actually been spent.
Securities shall be released in respect of up to 80 % of advances paid.
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.
Article 36
Cessation of an operational programme and discontinuity of recognition
Aid received for eligible actions carried out before the cessation of the operational programme shall not be recovered, provided that:
the producer organisation or association of producer organisations complied with the recognition criteria and the objectives of the actions laid down in the operational programme have been fulfilled at the moment of cessation; and
the investments financed with support from the operational fund are maintained in the possession of and used by the producer organisation, association of producer organisations or its subsidiaries complying with the 90 % requirement referred to in Article 22(8) or its members at least until the end of their depreciation period as referred to in Article 31(5). Otherwise, the Union financial assistance paid to finance those investments shall be recovered and reimbursed to the EAGF.
CHAPTER III
Crisis prevention and management measures
Article 37
Selection of crisis prevention and management measures
Member States may provide that one or more of the measures listed in the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 shall not apply in their territory.
Article 38
Loans to finance crisis prevention and management measures
Loans taken out to finance crisis prevention and management measures pursuant to the fifth subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 may, on duly justified economic grounds, be carried over to a subsequent operational programme, if their repayment period exceeds the length of the operational programme.
Article 39
Investments related to the management of volumes
Article 40
Support related to mutual funds
Article 41
Replanting of orchards
Article 42
Scope
This Section lays down rules concerning market withdrawals and free distribution as referred to respectively in point (f) of the first subparagraph of Articles 33(3) and 34(4) of Regulation (EU) No 1308/2013.
Article 43
Three-year average for market withdrawals for free distribution
For newly recognised producer organisations, the data for marketing years prior to recognition shall be:
where the organisation was a producer group, the equivalent data for that producer group, where applicable; or
the volume applicable to the application for recognition.
Article 44
Prior notification of withdrawal operations
Such notification shall specify, in particular, the list of products to be withdrawn 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 29 of Implementing Regulation (EU) 2017/892.
Notifications shall include a written statement attesting that the products to be withdrawn conform to the applicable marketing standards or minimum requirements referred to in Article 15 of Implementing Regulation (EU) 2017/892.
Article 45
Support
For products not included in Annex IV, Member States shall set maximum amounts of support, comprising both the Union financial assistance and the producer organisation contribution, at a level not exceeding 40 % of the average market prices for the previous five years in case of free distribution and at a level not exceeding 30 % of the average of market prices for the previous five years for destinations other than free distribution.
Where the producer organisation has received compensation from third parties for withdrawn products, the support referred to in the first subparagraph shall be reduced by an amount equivalent to the compensation received. In order to be eligible for support, the products concerned shall not enter again the commercial market for fruit and vegetables.
The sum of costs of transport, sorting and packaging of products withdrawn for free distribution of processed fruit and vegetables referred to in Articles 16 and 17 of Implementing Regulation (EU) 2017/892 and in Annexes IV and V to that Regulation, added to the maximum amount of support for market withdrawals referred to in this paragraph and in paragraph 2 of this Article, shall not exceed the average ‘ex-producer organisation’ or ‘ex-processor’ market price of the processed product concerned in the previous last three years.
The share of market withdrawals of any given product of any given producer organisation undertaken in a given year shall be as follows:
it shall not exceed 10 % of the average volume of marketed production by that producer organisation during the three previous years; and
in total, the sum of the percentages over three consecutive years shall not exceed 15 when adding the share calculated in accordance with point (a) for the current year and the shares of the market withdrawals of the two previous years calculated on the basis of the respective volume of marketed production by that producer organisation during those two previous years.
If the information on the volume of marketed production of any or all of the previous years is not available, the volume of marketed production for which the producer organisation was recognised shall be used.
However, amounts of withdrawals which are disposed of in one of the ways referred to in Article 34(4) of Regulation (EU) No 1308/2013 or any other way approved by Member States under Article 46(2) of this Regulation shall not be taken into account in that proportion.
Article 46
Destinations for withdrawn products
Upon request, Member States may authorise the charitable organisations and institutions referred to in Article 34(4) of Regulation (EU) No 1308/2013 to ask for a contribution from the final recipients of products withdrawn from the market.
When the charitable organisations and institutions concerned have obtained the authorisation, they shall, in addition to the obligations under Article 47(1) of this Regulation, keep financial accounts for the operation in question.
Payment in kind by the beneficiaries of free distribution to processors of fruit and vegetables may be allowed, where such payment only compensates for processing costs and where the Member State in which the payment takes place has provided for rules ensuring that processed products are intended for consumption by the final recipients referred to in the second subparagraph.
Member States shall take all the necessary steps to facilitate contacts and cooperation between producer organisations and the charitable organisations and institutions referred to in Article 34(4) of Regulation (EU) No 1308/2013 they have approved.
Article 47
Conditions for the recipients of withdrawn products
The recipients of withdrawn products referred to in Article 34(4) of Regulation (EU) No 1308/2013 shall undertake to:
comply with the rules laid down in and pursuant to Regulation (EU) No 1308/2013;
keep separate stock records for the operations in question;
accept the checks provided for by Union law; and
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 certifying 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 as referred to in point (b) of the first subparagraph, if they receive quantities below a maximum to be determined by them based on a documented risk analysis.
The recipients of withdrawn products for other destinations shall undertake to:
comply with the rules laid down in and pursuant to Regulation (EU) No 1308/2013;
keep separate stock records and financial accounts for the operations in question if the Member State considers it as necessary despite the fact that the product has been denatured before delivery;
accept the checks provided for by Union law; and
not request additional aid for the alcohol produced from the products concerned in the case of withdrawn products intended for distillation.
Article 48
Conditions for the application of green harvesting and non-harvesting
The first subparagraph shall not apply where fruit and vegetable plants have a harvesting period exceeding one month. In such cases, the amounts referred to in paragraph 4 shall only compensate for the production to be harvested in the six weeks following the green harvesting and non-harvesting operation. Those fruit and vegetable plants shall not be used for further production purposes in the same growing season after the operation has taken place.
For the purposes of the second subparagraph, Member States may prohibit the application of green harvesting and non-harvesting measures if, in the case of green harvesting, a significant part of the normal harvest has been carried out and, in the case of non-harvesting, a significant part of the commercial production has already been taken. A Member State intending to apply this provision shall lay down in its national strategy the part it deems to be significant.
Green harvesting and non-harvesting shall not be applied for the same product and the same given area in any given year, except for the purposes of the second subparagraph where both operations may be applied simultaneously.
Article 49
Obligations of the Member States
Member States shall adopt:
detailed provisions on the implementation of the green harvesting and non-harvesting measures, including on prior notifications of green harvesting and non-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;
provisions to ensure that no negative impact on the environment nor any negative phytosanitary consequences results from the implementation of the measures.
Member States shall check that the measures are carried out correctly, including in relation to the provisions referred to in points (a) and (b) of the first paragraph. If Member States find that the measures have not been carried out correctly, they shall not approve the application of the measures.
Article 50
Objective of harvest insurance actions
Actions relating to harvest insurance as referred to in point (h) of the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 shall contribute to safeguarding producers' incomes and to covering market losses incurred by the producer organisation or its members where they are affected by natural disasters, climatic events and, where applicable, diseases or pest infestations.
Article 51
Implementation of harvest insurance actions
Article 51a
Implementation of coaching measures
For the purposes of Article 33(3)(i) of Regulation (EU) No 1308/2013, the following coaching measures shall be eligible for support:
exchange of best practices related to crisis prevention and management measures referred to in Article 33(3) of Regulation (EU) No 1308/2013, helping recognised producer organisations, producer groups or individual producers to benefit from experience with implementation of crisis prevention and management measures;
promoting the setting-up of new producer organisations, merging existing ones or enabling individual producers to join an existing producer organisation;
creating networking opportunities for coaching providers and recipients, to strengthen in particular marketing channels as a means of crisis prevention and management.
Eligible costs related to coaching are listed in Annex III to this Regulation.
All costs identified in Annex III shall be paid to the coaching provider.
CHAPTER IV
National financial assistance
Article 52
Conditions for the application of national financial assistance
For the purposes of Article 35(1) of Regulation (EU) No 1308/2013, the degree of organisation of producers in a region of a Member State shall be calculated on the basis of the value of fruit and vegetables produced in the region concerned and marketed by:
recognised producer organisations and associations of producer organisations; and
producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or producer organisations and producer groups recognised in accordance with Article 27 of Regulation (EU) No 1305/2013.
For the purpose of the calculation, the value established as referred to in the first subparagraph shall be divided by the total value of the fruit and vegetables produced in that region.
For the calculation of the total value of the fruit and vegetables produced in that region, the methodology set out in Annex I to Regulation (EC) No 138/2004 of the European Parliament and of the Council ( 7 ) shall apply mutatis mutandis.
The regions defined by a Member State shall not be amended at least for five years unless such amendment is objectively justified, in particular for reasons that are not related to the calculation of the degree of organisation of producers in the region or regions concerned.
Member States shall notify the Commission of any amendment of the region(s) that meet the criteria referred to in paragraphs (1) and (2) of Article 35 of Regulation (EU) No 1308/2013.
Article 53
Amendments to the operational programme
A producer organisation wishing to apply for national financial assistance shall, if necessary, amend its operational programme pursuant to Article 34.
CHAPTER V
General provisions
Article 54
Member States' notifications concerning producer organisations, associations of producer organisations and producer groups
Member States shall notify the Commission of the following information and documents:
by 31 January each year, the total amount of the operational funds approved that year for all operational programmes. This notification shall show the total amount of the operational funds and the total amount of Union financial assistance granted included in those funds. Those figures shall be further broken down between amounts for crisis prevention and management measures and other measures;
by 15 November each year, an annual report on producer organisations and associations of producer organisations, as well as on producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007, and operational funds, operational programmes and recognition plans in operation during the previous year. This annual report shall contain the information set out in Annex V to this Regulation;
by 31 January each year, the amounts corresponding to each forthcoming annual period of implementation of the recognition plans of producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007, including the current implementing year. Approved or estimated amounts shall be provided. This notification shall include the following information for each producer group and each annual forthcoming period of implementation of the plan:
the total amount for the annual period of implementation of the recognition plan, the Union financial assistance and the contributions from the Member States, the producer groups and the members of the producer groups;
a breakdown between the aid granted pursuant to Article 103a(1)(a) and (b) of Regulation (EC) No 1234/2007, respectively.
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.
Article 56
Indicators
Article 57
Monitoring and evaluation procedures in relation to operational programmes
The evaluation exercise shall examine the progress made in relation to the overall objectives of the programme, based on indicators set out in Section 4 of Annex II to Implementing Regulation (EU) 2017/892.
Where applicable, the evaluation exercise shall include a qualitative assessment of the results and the impact of the environmental actions aimed at:
the prevention of soil erosion;
a reduction in the use or better management of plant protection products;
the protection of habitats and biodiversity; and
landscape conservation.
The results of the exercise shall be used to:
improve the quality of the operational programme;
identify any need for substantive change of the operational programme; and
draw lessons useful in improving future operational programmes.
The evaluation report shall be attached to the corresponding annual report referred to in Article 21 of the Implementing Regulation (EU) 2017/892.
Article 58
Monitoring and evaluation procedures in relation to the national strategy
Monitoring shall be ongoing in order to assess the progress made towards achieving the objectives of the operational programmes. For this purpose, use shall be made of the information provided in the annual reports transmitted by the producer organisations and associations of producer organisations. The monitoring exercise shall be carried out in such a way that its results:
verify the quality of the implementation of the operational programmes;
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.
Evaluation shall be aimed at assessing the progress made towards the overall objectives of the strategy. For this purpose, use shall be made of the results of the monitoring and evaluation of the operational programmes as indicated in the annual and last but one annual reports transmitted by the producer organisations. The results of the evaluation exercise shall be used to:
improve the quality of the strategy;
identify any need for substantive change of the strategy.
The evaluation shall include an evaluation exercise carried out in 2020. Its results shall be part of the same year annual national report referred to in Article 54(b). 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 measures set by the strategy and, where applicable, other objectives set in Article 33(1) of Regulation (EU) No 1308/2013.
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.
Article 60
Fraud
Where a producer organisation or an association of producer organisations has committed fraud in respect of aid covered by Regulation (EU) No 1308/2013, Member States shall, without prejudice to any other penalties applicable under Union and national legislation:
withdraw the recognition of that organisation or association;
exclude the actions concerned from support under the operational programme concerned and recover any aid already paid with respect to those actions; and
exclude that organisation or association from recognition during the following year.
Article 61
Penalty for ineligible amounts
The Member State shall examine the aid application, and establish the amounts that are eligible for support. It shall establish the amount that:
would be payable to the beneficiary based solely on the application;
is payable to the beneficiary after an examination of the eligibility of the application.
Article 62
Administrative penalties following first-level checks on withdrawal operations
If, following the check referred to in Article 29 of Implementing Regulation (EU) 2017/892, non-compliances are found with regard to the marketing standards or the minimum requirements referred to in Article 15 of Implementing Regulation (EU) 2017/892, exceeding the established tolerances, the producer organisation concerned shall be required to pay a penalty calculated according to the proportion of the withdrawn products not complying:
where those quantities are less than 10 % of the quantities actually withdrawn pursuant to Article 44 of this Regulation, the penalty shall be equal to the Union financial assistance, calculated on the basis of the quantities of the non-complying withdrawn products;
where those quantities are between 10 % and 25 % of the quantities actually withdrawn, the penalty shall be double the amount of the Union financial assistance, calculated on the basis of the quantities of the non-complying withdrawn products; or
where those quantities exceed 25 % of the quantity actually withdrawn, the penalty shall be equal to the amount of the Union financial assistance for the entire quantity notified pursuant to Article 44 of this Regulation.
Article 63
Administrative penalty applicable to producer organisations regarding withdrawal operations
Expenditure for withdrawal operations shall not be eligible if the products have not been disposed of as provided for by the Member State under Article 46(1) or if the operation had a negative impact on the environment or any negative phytosanitary consequences, without prejudice to any penalty applied pursuant to Article 61.
Article 64
Administrative penalties applicable to recipients of products withdrawn from the market
Where irregularities attributable to the recipients of products withdrawn from the market are detected during checks made in accordance with Articles 29 and 30 of Implementing Regulation (EU) 2017/892, those recipients:
shall be excluded from the right to receive products withdrawn from the market; and
shall be required to pay 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.
The exclusion provided for in point (a) of the first paragraph shall take effect immediately and last for at least one year with a possibility of extension.
Article 65
Administrative penalties in relation to green harvesting and non-harvesting
If the producer organisation has not fulfilled its obligations with regard to green harvesting, it 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:
the area notified for green harvesting is not eligible for green harvesting;
the area is not totally harvested or the production not denatured;
there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
If the producer organisation has not fulfilled its obligations with regard to non-harvesting, it 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:
the area notified for non-harvesting is not eligible for non-harvesting;
a harvest or partial harvest has nevertheless taken place;
there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
Point (b) of the first subparagraph of this paragraph shall not apply where the second subparagraph of Article 48(3) applies.
Article 66
Preventing an on-the-spot check
A request for recognition, approval of an operational programme or an aid application shall be rejected for the item or the part of expenditure concerned, if a producer organisation, including its members or relevant representatives, prevents an on-the-spot check from being carried out.
Article 67
Payment of recovered aid and penalties
The interest shall be calculated:
on the basis of the period elapsing between receipt of undue payment and its reimbursement by the beneficiary;
at the rate applied by the European Central Bank to its main refinancing operations published in the ‘C’ series of the Official Journal of the European Union and in force on the date on which the undue payment is made, plus three percentage points.
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 ( 8 ).
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 ( 10 ), 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
Article 76
National penalties
Without prejudice to any penalties set out in Regulation (EU) No 1306/2013, Regulation (EU) No 1308/2013, this Regulation or Implementing Regulation (EU) 2017/892, Member States shall apply penalties at national level in relation to irregularities with regard to requirements set out in those regulations, including in respect of producer organisations not implementing an operational programme. Those penalties shall be effective, proportionate and dissuasive so that they provide adequate protection for the financial interests of the Union.
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:
producer groups, producer organisations, associations of producer organisations, and interbranch organisations, as provided for in Article 54;
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.
Article 78
Notification of force majeure
For the purposes of Articles 59(7) and 64(2)(a) of Regulation (EU) No 1306/2013, any case of force majeure shall be notified to the competent authority of the Member State, with relevant evidence to the satisfaction of that authority, within 30 working days of the date on which the case of force majeure took place.
Article 79
Amendment of Implementing Regulation (EU) No 543/2011
Implementing Regulation (EU) No 543/2011 is amended as follows:
Article 2 is deleted;
Articles 19 to 35 are deleted;
Articles 50 to 148 are deleted;
Annexes VI to XVIII are deleted.
Article 80
Transitional provisions
Without prejudice to Article 34, at the request of a producer organisation or association of producer organisations an operational programme approved under Implementing Regulation (EU) No 543/2011 may:
continue to operate until its end under the conditions applicable under Implementing Regulation (EU) No 543/2011;
be modified to meet the requirements of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2017/892; or
be replaced by a new operational programme approved under Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2017/892.
▼M3 —————
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.
ANNEX I
Processed products referred to in Article 22(2)
|
Category |
CN code |
Description |
|
Fruit juices |
ex 20 09 |
Fruit juices, excluding grape juice and grape must of subheadings 2009 61 and 2009 69 , banana juice of subheading ex 2009 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 ex 20 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 |
ex 2002 90 31 ex 2002 90 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 |
ex 07 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 . |
|
ex 08 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 ex 0811 90 95 . |
|
|
ex 20 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 ex 2004 90 10 , olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91 . |
|
|
Canned fruit and vegetables |
ex 20 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 — olives of subheading 2001 90 65 — vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97 . |
|
ex 20 02 |
Tomatoes prepared or preserved otherwise than by vinegar or acetic acid excluding tomato concentrate of subheadings ex 2002 90 31 and ex 2002 90 91 described above. |
|
|
ex 20 05 |
Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70 , sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10 . |
|
|
ex 20 08 |
Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding: — peanut butter of subheading 2008 11 10 — other nuts, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included, of subheading ex 2008 19 — palm hearts of subheading 2008 91 00 — maize of subheading 2008 99 85 — yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91 — vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 — mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59 , ex 2008 92 78 , ex 2008 92 93 and ex 2008 92 98 — bananas otherwise prepared or preserved of subheadings ex 2008 99 49 , ex 2008 99 67 and ex 2008 99 99 . |
|
|
Canned mushrooms |
2003 10 |
Mushrooms of the genus Agaricus prepared or preserved otherwise than by vinegar or acetic acid. |
|
Fruits provisionally preserved in brine |
ex 08 12 |
Fruit and nuts, provisionally preserved in brine, but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98 . |
|
Dried fruits |
ex 08 13 0804 20 90 0806 20 ex 2008 19 |
Fruit, dried, other than that of headings 0801 to 0806 . Dried figs. Dried grapes. Other nuts, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included, excluding tropical nuts and their mixtures. |
|
Other processed fruit and vegetable |
|
Processed fruit and vegetables listed in Part X of Annex I of Regulation (EU) No 1308/2013, different from the products listed in the categories above. |
|
Processed aromatic herbs |
ex 09 10 ex 12 11 |
Dried thyme. Basil, melissa, mint, Origanum vulgare (oregano/wild marjoram), rosemary, sage, dried, whether or not cut, crushed or powdered. |
|
Paprika powder |
ex 09 04 |
Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10 . |
ANNEX II
List of actions and expenditure not eligible under operational programmes referred to in Article 31(1)
General production costs and, in particular, costs for (even certified) mycelium, seeds and non-perennial plants; plant protection products (including integrated control materials); fertilisers and other inputs; costs of collection or transport (internal or external); storage costs; packaging costs (including use and management of packaging), even as part of new processes; operating costs (in particular electricity, fuel and maintenance).
Administrative and personnel costs with the exception of expenditure relating to the implementation of operational funds and operational programmes.
Income or price supplements outside crisis prevention and management.
Insurance costs outside the harvest insurance measures referred to in Section 7 of Chapter III of Title II.
Reimbursement of loans taken out for an operation carried out before the beginning of the operational programme other than those referred to in Article 38.
Purchase of land not built on costing more than 10 % of all the eligible expenditure on the operation concerned.
Costs of meetings and training programmes not related to the operational programme.
Operations or costs relating to the quantities produced by the members of the producer organisation outside the Union.
Operations that could distort competition in the other economic activities of the producer organisation.
Investments in means of transport to be used for marketing or distribution by the producer organisation.
Operating costs of goods hired.
Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs.
Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this list.
Value added tax (VAT) except where it is non-recoverable under national VAT legislation.
Any national or regional taxes or fiscal levies.
Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.
Investments in shares or capital of companies if the investment represents a financial investment.
Costs incurred by parties other than the producer organisation or its members and associations of producer organisations or their producer members or subsidiaries in the situation referred to in Article 22(8).
Investments or similar types of actions not on the holdings and/or premises of the producer organisation, association of producer organisation, or their producer members or a subsidiary or an entity within a chain of subsidiaries in the situation referred to in Article 22(8).
Measures outsourced by the producer organisation or their associations outside the Union, except where a promotion is implemented outside the Union according to Article 14 of Implementing Regulation (EU) 2017/892.
Export credit linked to actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period.
ANNEX III
Non-exhaustive list of actions and expenditure eligible under operational programmes referred to in Article 31(1)
Specific costs for:
Specific costs shall mean the additional costs, calculated as the difference between the conventional costs and the costs actually incurred, and income foregone resulting from an action excluding additional income and costs savings.
For each category of eligible costs referred to in the first paragraph, in order to calculate additional costs compared with conventional ones, Member States may fix standard flat rates, scales of unit costs or lump sums.
Administrative and personnel costs relating to the implementation of operational funds and operational programmes which shall include:
overheads specifically related to the operational fund or operational programme, including management and personnel costs, reports and evaluation studies, and the costs of keeping accounts and the management of accounts, by means of the payment of a standard flat rate up to a maximum of 2 % of the operational fund as approved in accordance with Article 33 and up to a maximum of EUR 180 000 , comprising both the Union financial assistance and the producer organisation contribution.
In the case of operational programmes submitted by recognised associations of producer organisations, overheads shall be calculated as the addition of the overheads of each producer organisation as provided for in the first paragraph but limited to a maximum of EUR 1 250 000 per association of producer organisations.
Member States may restrict funding to the real costs, in which case they should define the eligible costs;
personnel costs including legally compulsory charges linked to wages and salaries, if these are directly borne by the producer organisation, association of producer organisation or subsidiaries in the situation referred to in Article 22(8) subject to Member States' approval, by cooperatives which are a member of the producer organisation, resulting from measures:
to improve or maintain a high level of quality or environmental protection;
to improve the level of marketing.
The implementation of these measures shall essentially involve the use of qualified personnel. If, in such cases, the producer organisation uses its own employees or producer members, the time worked shall be documented.
If a Member State wishes to provide an alternative to restricting funding to the real costs, for all the eligible personnel costs referred to in this point, it shall fix, ex ante and in a duly justified way, standard flat rates or scales of unit costs up to a maximum of 20 % of the approved operational fund. This percentage may be increased in duly justified cases.
When requesting those standard flat rates, producer organisations shall furnish proof of the implementation of the action to the satisfaction of the Member State;
legal and administrative costs of mergers of producer organisations, as well as legal and administrative costs related to creating transnational producer organisations or transnational associations of producer organisations; feasibility studies and proposals commissioned by producer organisations in this respect.
Costs of meetings and training programmes where they are related to the operational programme, including daily allowances, transport and accommodation costs.
Promotion of:
Geographical names are allowed only if:
they are a protected designation of origin or a protected geographical indication, covered by Regulation (EU) No 1151/2012 of the European Parliament and of the Council ( 12 ); or
in all cases where point (a) does not apply, these geographical names are secondary to the principal message.
Promotional material for generic promotion and promotion of quality labels shall bear the emblem of the European Union (in the case of visual media only) and include the following statement: ‘Campaign financed with the aid of the European Union’. Producer organisations, associations of producer organisations and subsidiaries in the situation referred to in Article 22(8) of this Regulation shall not use the emblem of the European Union in promotion of their brands/trademarks.
Costs for transport, sorting and packing related to free distribution as referred to in Articles 16 and 17 of Implementing Regulation (EU) 2017/892.
Purchase of land not built on where purchase is necessary to carry out an investment included in the operational programme provided it costs less than 10 % of all the eligible expenditure on the operation concerned; in exceptional and duly justified cases, a higher percentage can be fixed for operations concerning environmental conservation.
Purchase of equipment, including second hand equipment provided it has not been purchased with Union or national support in a period of seven years preceding the purchase.
Investments in means of transport where the producer organisation duly justifies to the Member State concerned that the means of transport shall only be used for transport internal to the producer organisation; and investments in additional on-the-truck facilities for cold-storage or controlled atmosphere transport.
Leasing, including of second hand equipment which has not received Union or national support in a period of seven years preceding the leasing, within the limits of the net market value of the item.
Hire of equipment or other items where economically justified as an alternative to purchase, at the approval of the Member State.
Investments in shares or capital of companies contributing directly to the achievement of the goals of the operational programme.
Costs related to coaching as part of the crisis prevention and management measures of the operational programme.
Eligible costs under this measure shall be:
costs of organising and delivering coaching; and
costs of travel, accommodation and per diem expenses of coaching provider.
Costs related to the negotiation and to implementation and management of third country phytosanitary protocols in the territory of the Union if borne by the producer organisation or association of producer organisations as a part of crisis prevention and management measures referred to in Article 33(3)(a) and (c) of Regulation (EU) No 1308/2013, except for reimbursement of third country expenses.
Costs related to promotion and communication measures referred to in Article 14 of Implementing Regulation (EU) 2017/892. Eligible costs under these measures shall be costs related to the organisation and participation in promotion and information events, including public relations work, promotion and information campaigns and may take the form of participation in events, fairs and exhibitions of national, European and international importance. Costs related to technical advisory services are eligible if they are necessary for the organisation or participation of these events or for promotion and information campaigns.
ANNEX IV
Maximum amounts of support for market withdrawals as referred to in Article 45(1)
|
Product |
Maximum support (EUR/100 kg) |
|
|
Free distribution |
Other destinations |
|
|
Cauliflowers |
21,05 |
15,79 |
|
Tomatoes (1 June – 31 October) |
7,25 |
7,25 |
|
Tomatoes (1 November – 31 May) |
33,96 |
25,48 |
|
Apples |
24,16 |
18,11 |
|
Grapes |
53,52 |
40,14 |
|
Apricots |
64,18 |
48,14 |
|
Nectarines |
37,82 |
28,37 |
|
Peaches |
37,32 |
27,99 |
|
Pears |
33,96 |
25,47 |
|
Aubergines |
31,2 |
23,41 |
|
Melons |
48,1 |
36,07 |
|
Watermelons |
9,76 |
7,31 |
|
Oranges |
21,00 |
21,00 |
|
Mandarins |
25,82 |
19,50 |
|
Clementines |
32,38 |
24,28 |
|
Satsumas |
25,56 |
19,50 |
|
Lemons |
29,98 |
22,48 |
ANNEX V
Information to be included in the annual report of Member States as referred to in Article 54(b)
All information shall relate to the calendar year being reported on. It shall cover information on checks executed and administrative penalties applied in respect of that. As regards the information that varies during the year the annual report should reflect the state of play on 31 December of the year reported on.
PART A — INFORMATION FOR MARKET MANAGEMENT
1. Administrative information:
changes to national legislation adopted in order to implement Section 3 of Chapter II of Title I and Sections 1, 2 and 3 of Chapter III of Title II of Regulation (EU) No 1308/2013;
changes relating to the national strategy for sustainable operational programmes applicable to operational programmes.
2. Information related to producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups:
total number of recognised/suspended producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups. In addition:
for associations of producer organisations: number of producer organisations members;
for transnational associations of producer organisations: number of producer organisations members and the Member States where these members have their head office;
total number of producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups for which recognition was withdrawn. In addition for transnational associations of producer organisations: number of organisations members and the Member States where these members have their head office;
total number of mergers between organisations (broken down between total, number of new organisation(s) and new ID number(s));
number of members (total and broken down between legal entities, natural persons and fruit and vegetables producers);
total number of organisations/groups with an operational programme/recognition plan (broken down between recognised, suspended and subject to a merger);
part of the production of products intended for the fresh market (with the indication of their value and volume);
part of the production of products intended for processing (with the indication of their value and volume);
area under fruit and vegetable production.
3. Information related to expenditures:
expenditures related to producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between operational fund, final operational fund and national financial assistance);
total actual expenditures of operational programmes for producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);
total actual expenditures for producer groups;
withdrawals broken down between categories of products (volume, total expenditure, amount of EU financial assistance and destinations (free distribution, composting, processing industry and others)).
4. Information relating to monitoring of operational programmes and recognition plans:
indicators as regards producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);
indicators as regards producer groups.
PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS
Information on checks and administrative penalties:
checks carried out by the Member State: details of bodies visited and dates of visiting;
checking rates;
results of checks;
administrative penalties applied.
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 |
||
|
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 |
||
|
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 |
|||
|
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 |
||
|
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 |
|||
|
Shampion |
|||
|
Granny smith Red delicious and other red varieties Boskoop |
|||
|
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 |
|||
|
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 ) Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, p. 1).
( 4 ) Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56).
( 5 ) Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).
( 6 ) Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).
( 7 ) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community (OJ L 33, 5.2.2004, p. 1).
( 8 ) 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).
( 9 ) 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).
( 10 ) 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).
( 11 ) 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).
( 12 ) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
