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
TITLE II
PRODUCER ORGANISATIONS
CHAPTER I
Requirements and recognition
Section 1
Definitions
Article 2
Definitions
Section 2
Recognition criteria and other requirements
Article 3
Legal status of producer organisations
Article 4
Product coverage
Article 5
Minimum number of members
Article 6
Minimum length of membership
Article 7
Structures and activities of producer organisations
Article 8
Value or volume of marketable production
Article 9
Minimum value of marketed production
Article 10
Provision of technical means
Article 11
Producer organisations' main activities
Article 12
Marketing of the production outside the producer organisation
Article 13
Outsourcing
Article 14
Transnational producer organisations
Article 15
Mergers of producer organisations
Article 16
Non-producer members
Article 17
Democratic accountability of producer organisations
Section 3
Associations of producer organisations
Article 18
Rules on producer organisations applicable to associations of producer organisations
Article 19
Recognition of associations of producer organisations
Article 20
Members of associations of producer organisations who are not producer organisations
Article 21
Transnational association of producer organisations
CHAPTER II
Operational funds and operational programmes
Section 1
Value of marketed production
Article 22
Basis for calculation
Article 23
Reference period and ceiling on Union financial assistance
Article 24
Accounting
Section 2
Operational funds
Article 25
Financing of operational funds
Article 26
Notification of estimated amount
Section 3
Operational programmes
Article 27
National strategy
Article 28
National framework for environmental actions
Article 29
Complementary Member State rules
Article 30
Relationship with rural development, State aid and promotion programmes
Article 31
Eligibility of actions under operational programmes
Article 32
Operational programmes of associations of producer organisations
Article 33
Decision
Article 34
Amendments to operational programmes
Section 4
Aid
Article 35
Advance payments
Article 36
Cessation of an operational programme and discontinuity of recognition
CHAPTER III
Crisis prevention and management measures
Section 1
General provisions
Article 37
Selection of crisis prevention and management measures
Article 38
Loans to finance crisis prevention and management measures
Section 2
Investments making the management of the volumes placed on the market more efficient
Article 39
Investments related to the management of volumes
Section 3
Support for the administrative costs of setting up mutual funds
Article 40
Conditions for support for the administrative cost of setting up mutual funds
Section 4
Replanting of orchards following mandatory grubbing-up
Article 41
Replanting of orchards
Section 5
Market withdrawals
Article 42
Scope
Article 43
Three-year average for market withdrawals for free distribution
Article 44
Prior notification of withdrawal operations
Article 45
Support
Article 46
Destinations for withdrawn products
Article 47
Conditions for the recipients of withdrawn products
Section 6
Green harvesting and non-harvesting
Article 48
Conditions for the application of green harvesting and non-harvesting
Article 49
Obligations of the Member States
Section 7
Harvest insurance
Article 50
Objective of harvest insurance actions
Article 51
Implementation of harvest insurance actions
CHAPTER IV
National financial assistance
Article 52
Degree of organisation of producers and definition of a region
Article 53
Amendments to the operational programme
CHAPTER V
General provisions
Section 1
Notifications and reports
Article 54
Member States' notifications concerning producer organisations, associations of producer organisations and producer groups
Article 55
Member States' notifications concerning producer prices of fruit and vegetables on the internal market
Section 2
Monitoring and evaluation of operational programmes and of national strategies
Article 56
Common performance indicators
Article 57
Monitoring and evaluation procedures in relation to operational programmes
Article 58
Monitoring and evaluation procedures in relation to the national strategy
Section 3
Administrative penalties
Article 59
Non-respect of recognition criteria
Article 60
Fraud
Article 61
Penalty for ineligible amounts
Article 62
Administrative penalties following first-level checks on withdrawal operations
Article 63
Administrative penalty applicable to producer organisations regarding withdrawal operations
Article 64
Administrative penalties applicable to recipients of products withdrawn from the market
Article 65
Administrative penalties in relation to green harvesting and non-harvesting
Article 66
Preventing an on-the-spot check
Article 67
Payment of recovered aid and penalties
CHAPTER VI
Extension of rules
Article 68
Conditions for the extension of rules
Article 69
National rules
Article 70
Notification of extension of rules and economic areas
Article 71
Repeal of extension of rules
Article 72
Buyers of produce sold on the tree
TITLE III
TRADE WITH THIRD COUNTRIES ENTRY PRICE SYSTEM
Article 73
Definitions
Article 74
Notification of prices and quantities of products imported
Article 75
Entry price basis
TITLE IV
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Article 76
National penalties
Article 77
Notifications
Article 78
Notification of
force majeure
Article 79
Amendment of Implementing Regulation (EU) No 543/2011
Article 80
Transitional provisions
Article 81
Entry into force and application
ANNEX I
Processed products referred to in Article 22(2)
Category |
CN code |
Description |
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Fruit juices |
ex 2009 |
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 2009 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. |
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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. |
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Frozen fruit and vegetables |
ex 0710 |
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 . |
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ex 0811 |
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 . |
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ex 2004 |
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 . |
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Canned fruit and vegetables |
ex 2001 |
Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:
|
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ex 2002 |
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. |
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ex 2005 |
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 . |
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ex 2008 |
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:
|
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Canned mushrooms |
2003 10 |
Mushrooms of the genus Agaricus prepared or preserved otherwise than by vinegar or acetic acid. |
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Fruits provisionally preserved in brine |
ex 0812 |
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 . |
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Dried fruits |
ex 0813 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. |
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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. |
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Processed aromatic herbs |
ex 0910 ex 1211 |
Dried thyme. Basil, melissa, mint, Origanum vulgare (oregano/wild marjoram), rosemary, sage, dried, whether or not cut, crushed or powdered. |
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Paprika powder |
ex 0904 |
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)
ANNEX III
Non-exhaustive list of actions and expenditure eligible under operational programmes referred to in Article 31(1)
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)
PART A — INFORMATION FOR MARKET MANAGEMENT
1. Administrative information
2. Information related to expenditures
3. Information on the implementation of the national strategy:
PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS
ANNEX VI
Price notification referred to in Article 55(1)
Product |
Type/variety |
Presentation/size |
Representative Markets |
Tomatoes |
Round |
Size 57-100 mm, in bulk in packages of around 5-6 kg |
Belgium Greece Spain France Italy Hungary The Netherlands Poland Portugal Romania |
Trusses |
in bulk in packages of around 3-6 kg |
||
Cherry |
Trays 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 |
Greece Spain France Italy Hungary Portugal |
Trays or packages of 1 kg |
|||
All type and varieties seedless |
|||
Pears |
Blanquilla |
Size 55/60, packages of around 5-10 kg |
Belgium Greece Spain France Italy Hungary The 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 |
Golden delicious |
Size 70/80, packages of around 5-20 kg |
Belgium Czech Republic Germany Greece Spain France Austria |
Braeburn |
|||
Jonagold (or Jonagored) |
|||
Idared |
|||
Fuji |
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Shampion |
|||
Granny smith |
|||
Red delicious and other red varieties |
|||
Boskoop |
|||
Gala |
Size 70/80, packages of around 5-20 kg |
France Italy Hungary The Netherlands Poland Portugal Romania |
|
Elstar |
|||
Cox orange |
|||
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 |
Size 3-6, kg packages of around 10-20 kg |
Greece Spain Italy Portugal |
Navelinas |
|||
Navelate |
|||
Lanelate |
|||
Valencia late |
|||
Tarocco |
|||
Navel |
|||
Courgettes |
All varieties |
Size 14-21, loose in the package |
Greece Spain France Italy The Netherlands |
Cherries |
All sweet varieties |
Sizes 22 and over, loose in the package |
Bulgaria Czech Republic Germany Greece Spain France Italy Hungary Poland Portugal Romania |
Cucumbers |
Smooth varieties |
Sizes 350-500 g, arranged in the package |
Bulgaria Greece Spain France Italy Hungary The Netherlands Poland |
Garlic |
White |
Size 50-60 mm, packages of around 2-5 kg |
Greece Spain France Italy Hungary |
Violet |
Size 45-55 mm, packages of around 2-5 kg |
||
Spring |
Size 50-60 mm, packages of around 2-5 kg |
||
Plums |
All types and varieties |
Size 35 mm and over |
Bulgaria Germany Spain France Italy Hungary Poland Romania |
Size 35 mm and over |
|||
Size 40 mm and over |
|||
Size 40 mm and over |
|||
Sweet peppers |
All types and varieties |
Size 70 mm and over |
Bulgaria Greece Spain Italy Hungary The Netherlands Portugal |
Size 50 mm and over |
|||
Size 40 mm and over |
|||
Lettuces |
All types and varieties |
Size 400 g and over, packages of 8 – 12 |
Germany Greece Spain France Italy The Netherlands Portugal United Kingdom |
Size 400 g and over, packages of 8 – 12 |
|||
Strawberries |
All varieties |
Packages of 250/500 g |
Belgium Germany Spain France Italy The Netherlands Poland Portugal United Kingdom |
Cultivated mushrooms |
Closed |
Medium sized (30-65 mm) |
Ireland Spain France Hungary The Netherlands Poland United Kingdom |
Kiwis |
Hayward |
Sizes 105-125 g, packages of around 3-10 kg |
Greece France Italy Portugal |
Cauliflowers |
All types and varieties |
Size 16-20 mm |
Germany Spain France Italy Poland |
Asparagus |
All types and varieties |
Size 10-16/16+ |
Germany Spain France The Netherlands Poland |
Eggplants (aubergines) |
All types and varieties |
Size 40+/70+ |
Spain Italy Romania |
Carrots |
All types and varieties |
usual standards in the representative market |
Germany Spain France Italy The Netherlands Poland United Kingdom |
Onions |
All types and varieties |
Size 40-80 |
Germany Spain France Italy The Netherlands Poland United Kingdom |
Beans |
All types and varieties |
usual standards in the representative market |
Belgium Greece Spain France Italy Poland |
Leeks |
All types and varieties |
usual standards in the representative market |
Belgium Germany Spain France The Netherlands Poland |
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 |
Cabbages |
All types and varieties |
usual standards in the representative market |
Germany Greece Spain France Poland Romania United Kingdom |
ANNEX VII
List of products for the purposes of the entry price system set out in Title III
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 |