EXPLANATORY MEMORANDUM
1.CONTEXT OF THE DELEGATED ACT
Regulation (EU) No 1308/2013 1 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products lays down rules regarding the producer organisations in the fruit and vegetables sector. That Regulation also empowers the Commission to adopt certain delegated and implementing acts.
Based on such an empowerment, the Commission has adopted, inter alia, Commission Delegated Regulation (EU) 2017/891 2 . Considering the experience stemming from the implementation of operational programmes by recognised producer organisations, an update of certain aspects of Commission Delegated Regulation (EU) 2017/891 is needed with the view to facilitating the running of those operational programmes.
2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT
Consultations, involving experts from all the 27 Member States, have been carried out within the Expert Group for Agricultural Markets established under Regulation (EU) No 1308/2013, in particular during the meetings of 25 March and 31 May 2022. These meetings allowed for a presentation of the Commission's ideas on the scope of the delegated act and on the necessary modifications of Commission Delegated Regulation (EU) 2017/891, as well as an exchange of views with the experts. Following the 4-week public consultation (Better Regulation Portal) which ended on 2 September 2022, the Commission received two comments.
3.LEGAL ELEMENTS OF THE DELEGATED ACT
This delegated act amends Commission Delegated Regulation (EU) 2017/891 as regards the maximum amount of support for market withdrawals for free distribution of fruits and vegetables in order to limit the cumulated amount of different costs and compensations taken into account in relation to the market price level.
COMMISSION DELEGATED REGULATION (EU) …/...
of 26.9.2022
amending Delegated Regulation (EU) 2017/891 as regards the maximum amount of support for market withdrawals for free distribution of fruits and vegetables
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 3 , and in particular Article 37(d)(iv) thereof,
Whereas:
(1)Title II of Commission Delegated Regulation (EU) 2017/891 4 lays down rules on the activities and operational programmes of producer organisations in the fruit and vegetables sector. Chapter III of that Title contains rules on crisis prevention and management measures, including, inter alia, market withdrawals.
(2)Delegated Regulation (EU) 2021/652 5 amended Delegated Regulation (EU) 2017/891 as regards the support for market withdrawals of processed fruit and vegetables for free distribution, to avoid overcompensation of such market withdrawals.
(3)However, the experience of Member States and producer organisations in implementing the requirements on such market withdrawals laid down by Delegated Regulation (EU) 2017/891, as amended by Delegated Regulation (EU) 2021/652, showed that compliance with certain of those requirements proved to be seriously difficult or impossible as regards certain products. In particular, Article 45(1), fourth subparagraph of that Regulation provides that the sum of the withdrawal compensation, the sorting and packing costs and the transports costs has not to exceed the average price of the related processed product at ‘ex-processor’ or ‘ex-producer organisation’ stage during the three previous years if the free distribution takes place after processing. However, withdrawal compensation in the framework of free distribution of fruits and vegetables refers to the product at the fresh stage, sorted, packed and placed at the destination of the charitable institution benefiting from it, while the average market price not to be exceeded refers to a processed product at the expedition place (‘ex-producer organisation’ or ‘ex-processor’). From the analysis provided by Member States and producer organisations, it results, that such conditions could not be fulfilled at all for certain products, in particular summer fruits, due to the different nature of the elements compared (e.g. fresh products placed at destination place whilst processed products at expedition place). It is therefore appropriate to amend the relevant provisions of Delegated Regulation (EU) 2017/891, while keeping enough elements to avoid any kind of overcompensation of market withdrawals.
(4)Delegated Regulation (EU) 2017/891 should therefore be amended accordingly.