Commission Implementing Regulation (EU) 2017/892

of 13 March 2017

laying down rules for the application of 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

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 1234/20071, and in particular Article 38, Article 174(1)(d), Article 181(3), and Article 182(1) and (4) thereof,
Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/20082, and in particular Article 58(4)(a), Article 62(2)(a) to (d) and (h) and Article 64(7)(a) thereof,

Whereas:

(1)
Regulation (EU) No 1308/2013 has replaced Council Regulation (EC) No 1234/20073 and lays down new rules concerning the fruit and vegetables and processed fruit and vegetables sectors. It also empowers the Commission to adopt delegated and implementing acts in that respect. Those acts should replace some of the provisions of Commission Implementing Regulation (EU) No 543/20114. That Regulation is amended by Commission Delegated Regulation (EU) 2017/8915.
(2)

In order to optimise the allocation of financial resources and to improve the quality of the strategy, provisions should be laid down establishing the structure and content of the national strategy for sustainable operational programmes and the national framework for environmental actions. The environmental actions that may be included in that national framework and the requirements to be complied with should be established to facilitate the drafting and implementation of those actions.

(3)

Furthermore, rules should be provided regarding the content of the operational programmes, the documents to be submitted, time limits for submission and implementation periods of operational programmes.

(4)

To ensure the correct application of the aid scheme for producer organisations, provisions on information to be included in the applications for aid as well as procedures for the payment of aid should be laid down. To prevent cash-flow difficulties, a system of advance payments accompanied by appropriate securities should be made available to producer organisations. For similar reasons, an alternative system should be available for the reimbursement of expenditure already incurred.

(5)

As the production of fruit and vegetables is unpredictable and the products are perishable, the surplus on the market, even if it is not too great, can significantly disturb the market. Therefore, implementing rules relating to crisis prevention and management measures need to be laid down.

(6)

Detailed rules concerning the national financial assistance which Member States may grant in regions of the Union where the degree of organisation of producers is particularly low should be laid down. Procedures should be provided for the approval of such national financial assistance as well as for the approval and the amount of the reimbursement by the Union. In addition, the proportion of reimbursement should be laid down.

(7)

Provisions concerning the type and format of certain information to be provided for the application of Regulation (EU) No 1308/2103, Delegated Regulation (EU) 2017/891 and this Regulation should be laid down. Those provisions should cover information from producers and producer organisations to the Member States and from the Member States to the Commission.

(8)

Provisions should be laid down as regards the administrative and the on-the spot checks necessary to ensure the proper application of Regulation (EU) No 1308/2013 in the fruit and vegetables sector.

(9)

For the purposes of Article 59(6) of Regulation (EU) No 1306/2013, rules on the correction of obvious errors in aid applications, notifications, claims or requests need to be laid down.

(10)

Rules should be laid down concerning financial contributions from producers who do not belong to producer organisations, associations of producer organisations or inter-branch organisations for which rules are made binding that are agreed within organisations or associations that are considered to be representative in a specific economic area.

(11)

Standard import values should be calculated on the basis of the weighted average of the average representative prices of imported products sold on Member State's import markets, using the data on these prices and on imported quantities of the products concerned notified by Member States to the Commission pursuant to Article 74 of Delegated Regulation (EU) 2017/891. Provisions should be laid down concerning cases in which no average representative prices are available for products of a given origin.

(12)

Detailed rules concerning the import duty which can be imposed on certain products in addition to that provided for in the Common Customs Tariff should be laid down. Provision should be made that additional import duty may be imposed if import volumes of the products concerned exceed trigger levels determined for the product and the period of application. Goods en route to the Union are exempt from the additional import duty and, therefore, specific provisions for such goods should be adopted.

(13)

This Regulation should enter into force on and apply from the seventh day following that of its publication in the Official Journal of the European Union.

(14)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

CHAPTER IPRODUCER ORGANISATIONS

SECTION 1Introductory provision

Article 1Subject matter and scope

1.

This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors, with the exception of marketing standards.

2.

Chapters I to V 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 solely for processing.

F1Article 1A Definitions

For the purposes of this Regulation, the following definitions apply:

(a)

‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(b)

‘public funds’ means moneys provided by Parliament, Senedd Cymru, the Scottish Parliament, the Northern Ireland Assembly or a body exercising public functions within the United Kingdom. References to ‘public funding’ are to be construed accordingly;

(c)

‘relevant authority’ means:

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

(iv)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(d)

‘third country’ means any country or territory other than:

(i)

the United Kingdom;

(ii)

the Bailiwick of Jersey;

(iii)

the Bailiwick of Guernsey;

(iv)

the Isle of Man;

(e)

‘existing non-UK member’ means an ex-transnational producer organisation member:

(i)

who was, immediately before IP completion day, a producer member of a transnational producer organisation within the meaning of Articles 2(b) and 2(d) of Regulation (EU) 2017/891 (as they had effect immediately before IP completion day); and

(ii)

at least one of whose holdings is situated in a European Union Member State;

(f)

‘ex-transnational producer organisation’ means a producer organisation that was, immediately before IP completion day, recognised in the United Kingdom as a transnational producer organisation within the meaning of Article 2(d) of Regulation (EU) 2017/891 (as it had effect immediately before IP completion day).

Article 1B Definition of appropriate authority

F1(1.

For the purposes of this Regulation, ‘appropriate authority’ means:

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

(2.

But the appropriate authority is the Secretary of State:

(a)

in relation to Scotland, at any time that the Secretary of State and the Scottish Ministers so agree;

(b)

in relation to Northern Ireland, at any time that the Secretary of State and the Department of Agriculture, Environment and Rural Affairs so agree.

(3.

The relevant authorities for Scotland and Northern Ireland must ensure that a statement identifying the appropriate authority for their constituent nation is published on websites maintained by them or on their behalf.

SECTION 2Operational programmes

Article 2F2Strategy for sustainable operational programmes

The structure and content of the F3... strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 shall be as set out in Annex I to this Regulation.

Article 3F4Framework for environmental actions and the eligible investments

1.

A separate section of the F5... framework referred to in Article 36(1) of Regulation (EU) No 1308/2013, shall indicate the requirements laid down in Article 28 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council6 to be fulfilled by the environmental actions selected under an operational programme.

The F5... framework shall set out a non-exhaustive list of environmental actions and the conditions thereof applicable in the F6constituent nation or the United Kingdom (as the case may be) for the purposes of Article 33(5) of Regulation (EU) No 1308/2013.

The list referred to in the second subparagraph may include the following types of environmental actions:

(a)

actions that are identical to agri-environment-climate or organic farming commitments as referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013, respectively, and which are provided for under the rural development programme of the F7constituent nation concerned or the rural development programmes of the constituent nations concerned (as the case may be);

(b)

investments beneficial for the environment;

(c)

other actions beneficial for the environment, including those which do not relate directly or indirectly to a particular parcel but that are linked to the fruit and vegetables sector, provided they contribute to soil protection, water or energy saving, improvement or maintenance of water quality, habitats or biodiversity protection, climate change mitigation and reduction or improved management of waste.

For each environmental action referred to in points (b) and (c) of the third subparagraph, the F5... framework shall indicate:

(a)

the justification of the action, on the basis of its environmental impact; and

(b)

the specific commitment(s) entailed.

The F5... framework shall include at least one action on the application of integrated pest management practices.

2.

Environmental actions which are identical to agri-environmental-climate or organic farming commitments supported under a rural development programme shall have the same duration as those commitments. Where the duration of the action exceeds the duration of the initial operational programme, the action shall be continued in a subsequent operational programme.

F8The appropriate authority may authorise shorter durations for environmental actions or even their discontinuance in duly justified cases, and in particular taking into account the results of the evaluation in the last but one year of the implementation of the operational programme referred to in Article 57(3) of Delegated Regulation (EU) 2017/891.

3.

Investments beneficial for environment made at the premises of producer organisations, associations of producer organisations or subsidiaries complying with the 90 % requirement referred to in Article 22(8) of Delegated Regulation (EU) 2017/891, or at the premises of their producer members shall be eligible for support if they:

(a)

could achieve a reduction in the current use of production inputs, emission of pollutants or waste from the production process; or

(b)

could achieve replacement of the use of fossil energy sources with renewable energy sources; or

(c)

could achieve a reduction in the environmental risks linked to the use of certain production inputs, including plant protection products or fertilisers; or

(d)

lead to improvement of the environment; or

(e)

are linked to non-productive investments needed to achieve the objectives of an agri-environmental-climate or organic farming commitment, in particular where those objectives relate to the protection of habitats and biodiversity.

4.

Investments referred to in point (a) of paragraph 3 shall be eligible for support if they provide for a reduction of at least 15 %, calculated over the fiscal depreciation period of the investment compared to the pre-existing situation, of:

(a)

the use of production inputs that are non-renewable natural resources, such as water or fossil fuel, or possible source of environmental pollution, such as fertilisers, plant protection products or certain types of energy sources;

(b)

the emission of air, soil or water pollutants from the production process; or

(c)

the production of waste, including waste water, from the production process.

By way of derogation from the first subparagraph, F9the appropriate authority may accept investments that allow for a reduction of at least 7 %, calculated over the fiscal depreciation period of the investment compared to the pre-existing situation, provided that those investments allow for at least one additional environmental benefit.

The expected reduction and, where applicable, the expected additional environmental benefit, shall be demonstrated ex ante through project specifications or other technical documents to be presented by the producer organisation or association of producer organisations at the moment of the submission of the proposed operational programme or of the amendment of such a programme for approval, showing the results that could be obtained through the implementation of the investment, as attested by the technical documents or by an independent qualified body or expert agreed by the F10appropriate authority.

Investments aimed to achieve a reduction in water use shall:

(a)

provide for a reduction of at least 5 % in water use in drip irrigation or similar systems compared to the consumption prior to the investment; and

(b)

not result in a net increase of the area under irrigation, unless the total water consumption for irrigation of the whole farm, including the increased area, does not exceed the average of water consumption of the previous 5 years prior to the investment.

5.

Investments referred to in point (b) of paragraph 3 consisting of systems which generate energy shall be eligible for support if the amount of energy generated does not exceed the amount that can be used ex ante on a yearly basis for the actions related to fruit and vegetables by the producer organisation, association of producer organisations, subsidiary or the producer organisation's members that benefit from the investment.

6.

Investments referred to in points (c) and (d) of paragraph 3 shall be eligible for support where they contribute to soil protection, water or energy saving, improvement or maintenance of water quality, habitats or biodiversity protection, climate change mitigation, and reduction or improved management of waste, although their contribution is not quantifiable.

The producer organisation or association of producer organisations shall provide evidence of the expected positive contribution to one or more environmental objectives at the moment of the submission for approval of the proposed operational programme or amendment of such a programme. The F11appropriate authority may require that evidence to be provided in the form of project specifications attested by an independent qualified body or expert in the environmental fields concerned.

7.

The following rules shall apply to environmental actions:

(a)

various environmental actions may be combined provided that they are complementary and compatible. Where environmental actions other than investments in physical assets are combined, the level of support shall take account of the specific income foregone and additional costs resulting from the combination;

(b)

commitments to limit the use of fertilisers, plant protection products or other inputs shall be accepted only if such limitations can be assessed in a way that provides assurance about compliance with those commitments;

(c)

investments beneficial for the environment referred to in paragraph 3 shall be fully eligible for support.

Article 4Content of operational programmes

1.

Operational programmes shall include the following:

F12(a)

a description of the initial situation, based, where relevant, on the indicators listed in Table 4.1 of Annex II;

(b)

the objectives of the programme, taking into account the outlook for production and outlets, with an explanation of how the programme intends to contribute to and is consistent with the objectives of the F13strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation in which the producer organisation has its head office, including the balance between activities. The description of the objectives shall indicate measurable targets, so as to facilitate the monitoring of progress gradually made in implementing the programme;

(c)

the proposed measures, including the actions for crisis prevention and management;

(d)

the duration of the programme; and

(e)

the financial aspects, in particular:

  1. (i)

    the method of calculation and the level of financial contributions;

  2. (ii)

    the procedure for financing the operational fund;

  3. (iii)

    information necessary to justify different levels of contribution; and

  4. (iv)

    the budget and timetable for operations for each implementation year of the programme.

2.

Operational programmes shall indicate:

(a)

the extent to which the different measures complement and are consistent with other measures, including measures financed or eligible for support by other F14public funds, and in particular under Regulation (EU) No 1305/2013 and promotion programmes approved under Regulation (EU) No 1144/2014 of the European Parliament and of the Council7. If applicable, specific reference shall also be made to measures carried out under previous operational programmes; and

(b)

that they do not entail any risk of double financing by F14public funds.

Article 5Documents to be submitted with the operational programme

Operational programmes shall be accompanied by:

  1. (a)

    evidence of the creation of an operational fund;

  2. (b)

    a written commitment from the producer organisation to comply with Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 and this Regulation; and

  3. (c)

    a written commitment from the producer organisation that it has not received and will not receive, directly or indirectly, any other F15European Union or public funding in respect of actions qualifying for aid under Regulation (EU) No 1308/2013 in the fruit and vegetables sector.

Article 6Time limit for submission

F161.

An operational F17programme shall be submitted for approval by a producer organisation to the F18appropriate authority of the constituent nation in which the producer organisation has its F19head office, by 15 September of the year preceding that in which the programme is to be implemented. However, F20nothing in this Regulation prevents the appropriate authority from setting a date later than 15 September.

F16(1.

An operational programme is to be submitted for approval by a producer organisation which has its head office in Scotland to the appropriate authority by 15 September in any applicable year.

2.

When a legal entity or clearly defined part of a legal entity, including F21... a producer group referred to in Article 27 of Regulation (EU) No 1305/2013, submits an application for recognition as a producer organisation it may, at the same time, submit for approval the operational programme referred to in paragraph 1. Approval of the operational programme shall be subject to recognition being granted no later than on the final date laid down in Article 33(2) of Delegated Regulation (EU) 2017/891.

F22(3.

An appropriate authority may only approve an operational programme if the producer organisation submitting it has notified the appropriate authority by 1 March, or such later date as may be set by the appropriate authority in accordance with Article 26(1) of Delegated Regulation (EU) 2017/891, in the year preceding the applicable year of the estimated amount of financial assistance of its members and of the producer organisation or association itself, to the operational funds for the period for which the programme is to be implemented.

(4.

For the purposes of this Article, the “applicable year” means 2025 and every third year thereafter (so 2028, 2031, 2034 and so on).

Article 7Implementation periods of operational programmes

1.

Operational programmes shall be implemented in annual periods running from 1 January to 31 December.

2.

Operational programmes approved by 15 December shall be implemented from 1 January of the following year.

The implementation of programmes approved after 15 December shall be postponed for one year.

3.

By way of derogation from paragraph 2, where the third subparagraph of Article 33(2) or the second subparagraph of Article 34(1) of Delegated Regulation (EU) 2017/891 applies, the implementation of operational programmes approved in accordance with those provisions shall start not later than 31 January following their approval.

SECTION 3Aid

Article 8Approved amount of aid

F23The appropriate authority shall notify producer organisations and associations of producer organisations of the approved amount of aid by 15 December of the year preceding the year for which aid is requested.

By way of derogation from the first paragraph, where the third subparagraph of Article 33(2) or the second subparagraph of Article 34(1) of Delegated Regulation (EU) 2017/891 applies, F24the appropriate authority shall notify those organisations and associations of the approved amount of aid by 20 January of the year for which aid is requested.

F25Article 8a Implementation of increase of the limit of the Union financial assistance from 50 % to 60 %

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9Aid applications

1.

Producer organisations shall submit an application for aid, or the balance thereof, to the F26appropriate authority for each operational programme for which aid is requested by 15 February of the year following the year for which the aid is requested.

2.

The aid applications shall be accompanied by supporting documents showing:

(a)

the aid requested;

(b)

the value of marketed production;

(c)

the financial contributions levied on its members and those of the producer organisation itself;

(d)

the expenditure incurred in respect of the operational programme;

(e)

the expenditure concerning crisis prevention and management broken down by actions;

(f)

the proportion of the operational fund spent on crisis prevention and management broken down by actions;

(g)

compliance with Article 33(3), the first subparagraph of Article 33(5) and Article 34 of Regulation (EU) No 1308/2013;

(h)

a written commitment that it has not received any duplicate F27European Union or public funding in respect of measures or operations qualifying for aid under Regulation (EU) No 1308/2013 in the fruit and vegetables sector; F28and

F29(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(j)

an annual report on the execution of the operational programme.

3.

The aid applications may cover expenditure programmed but not incurred if the following elements are proved:

(a)

the operations concerned could not be carried out by 31 December of the year of implementation of the operational programme, for reasons beyond the control of the producer organisation concerned;

(b)

those operations can be carried out by 30 April of the year following the year for which the aid is requested; and

(c)

an equivalent contribution from the producer organisation remains in the operational fund.

The aid shall be paid and the security lodged in accordance with Article 11(2) shall be released only on condition that proof of implementation of the programmed expenditure referred to in point (b) of the first subparagraph of this paragraph is provided by 30 April of the year following that for which the expenditure in question was programmed, and on the basis that the entitlement to the aid is established.

4.

In exceptional and duly justified cases, the F31appropriate authority may accept applications after the date provided for in paragraph 1, if the necessary checks have been carried out and the time limit for payment provided for in Article 10 is complied with. Where applications are submitted after the date provided for in paragraph 1, the aid shall be reduced by 1 % for each day the application is late.

5.

Associations of producer organisations may submit an application for aid as referred to in paragraph 1 in the name and on behalf of only those members that are producer organisations recognised in the F32United Kingdom and provided that the supporting documents referred to in paragraph 2 are submitted for each member. The producer organisations shall be the final beneficiaries of the aid.

F335A.

An application for aid by an association of producer organisations must relate to actions implemented at the level of the association and must be submitted to the appropriate authority for the constituent nation where that association has its head office. The appropriate authorities must ensure that there is no double funding risk.

F126.

Producer organisations shall submit an application for aid regarding actions that are implemented at the level of the producer organisations F34to the appropriate authority for the constituent nation in which the producer organisation’s head office is located.F35...

F367.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10Payment of the aid

F37The appropriate authority shall pay the aid by 15 October of the year following the year of implementation of the programme.

Article 11Advance payments

1.

Applications for advance payments may be submitted F38... on a three-monthly basis in January, April, July and October F39....

Total advance payments made for a given year shall not exceed 80 % of the initially approved amount of aid for the operational programme.

2.

Advance payments shall be paid subject to the lodging of a security equivalent to 110 % thereof in accordance with Commission Delegated Regulation (EU) No 907/20148.

3.

F40Nothing in this Regulation prevents the appropriate authority from setting a minimum amount and the deadlines for advance payments.

Article 12Partial payments

1.

F41A producer organisation may apply to the appropriate authority for the constituent nation in which the producer organisation has its head office for the payment of the part of the aid corresponding to the amounts already spent under the operational programme.

2.

Applications may be submitted at any time, but no more than three times each year. They shall be accompanied by supporting documents, such as invoices and documents proving that the payment has been made.

3.

Payments in respect of applications for parts of the aid shall not exceed 80 % of the part of the aid corresponding to the amounts already spent under the operational programme for the period concerned. F42Nothing in this Regulation prevents the appropriate authority from setting a minimum amount for partial payments and deadlines for applications.

CHAPTER IICRISIS PREVENTION AND MANAGEMENT MEASURES

F43Article 13Training measures and exchanges of better practices

Training measures and exchanges of better practices cannot constitute crisis prevention and management measures unless they are additional to any ongoing training actions not related to crisis prevention and management being applied by the producer organisation concerned in its operational programme.

Article 14Promotion and communication measures

F121.

F44Promotion and communication measures implemented by producer organisations in relation to crisis prevention or crisis management, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, may be applied rapidly when required.

The principal aim of those measures shall be enhancing the competitiveness of the products marketed by the producer organisations and their associations in the case of serious market disturbance, loss of consumer confidence or other related problems.

The specific objectives of the promotion and communication measures implemented by the producer organisations and their associations shall be:

(a)

increasing awareness about the quality of agricultural products produced in the F45United Kingdom and about the high quality standards applicable to their production in the F45United Kingdom;

(b)

increasing the competitiveness and consumption of agricultural products and of certain processed products produced in the F45United Kingdom and raising awareness about their quality both inside and outside the F45United Kingdom;

(c)

increasing awareness about F45United Kingdom quality schemes both inside and outside the F45United Kingdom;

(d)

increasing the market share of agricultural products and certain processed products produced in the F45United Kingdom, focusing on the markets in third countries that have the highest growth potential; and

(e)

contributing to the recovery of normal market conditions in the F45United Kingdom market in the event of serious market disturbance, loss of consumer confidence or other related problems.

2.

Actions under promotion and communication measures shall be additional to any ongoing promotion and communication actions not related to crisis prevention and management being applied by the producer organisation concerned in their operational programme.

F46Article 15Marketing standards of products withdrawn

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46Article 16Transport costs for free distribution

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46Article 17Sorting and packing costs for free distribution

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47CHAPTER III F47NATIONAL FINANCIAL ASSISTANCE

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CHAPTER IVINFORMATION, REPORTS AND CHECKS

SECTION 1 Information and reports

F12Article 21Information F48... from producer groups, producer organisations and associations of producer organisations and annual reports from F49the appropriate authorities

At the request of F50the appropriate authority, recognised producer organisations, associations of producer organisationsF51... and producer groups F52referred to in Article 27 of Regulation (EU) No 1305/2013 shall provide any relevant information needed for drawing up of the annual report referred to in Article 54(b) of Delegated Regulation (EU) 2017/891.The structure of the annual report is set out in Annex II to this Regulation.

F53The appropriate authority shall take the measures necessary to gather information on the number of members, the volume and the value of marketed production of producer organisations which have not submitted operational programmes. Producer organisations and producer groups referred to in Article 27 of Regulation (EU) No 1305/2013 shall be requested to provide the number of members, the volume and the value of the marketed production.

SECTION 2Checks

Article 22Unique identification system

F54The Secretary of State must ensure that a unique identification system applies to producer organisations and associations of producer organisations with regard to their aid applications. This identification system shall be compatible with the system for the identification of beneficiaries referred to in Article 73 of Regulation (EU) No 1306/2013.

F55Article 23Submission procedures

Without prejudice to Articles 9, 24 and 25, the procedures for the submission of aid applications, requests for approval of operational programmes, and payment claims are those published from time to time by the appropriate authority, and the procedures for the submission of requests for recognition are those published from time to time by the Secretary of State.

Article 24Granting of recognition

1.

Prior to granting recognition to a producer organisation or association of producer organisations under Article 154(4)(a) or Article 156(1) of Regulation (EU) No 1308/2013, F56the Secretary of State shall carry out administrative and an on-the-spot checks on the producer organisation or association of producer organisations to verify compliance with the recognition criteria.

2.

F57The Secretary of State shall carry out administrative and on-the-spot checks with regard to the recognition criteria which apply to all recognised producer organisations and associations of producer organisations at least once every five years even if the producer organisations or the associations of producer organisations do not implement an operational programme.

Article 25Approval of operational programmes and their amendments

1.

Prior to the approval of an operational programme under Article 33 of Delegated Regulation (EU) 2017/891, F58the appropriate authority shall verify, by all the appropriate means, including through on-the-spot checks, the operational programme submitted for approval and the request for amendment, where applicable. Those checks shall in particular concern:

(a)

the accuracy of the information referred to in Article 4(1)(a), (b) and (e), which shall be included in the draft operational programme;

(b)

compliance of the programme with Article 33 of Regulation (EU) No 1308/2013 as well as with the F59strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation concerned;

(c)

the eligibility of the actions and the eligibility of the expenditure proposed; and

(d)

the consistency and technical quality of the programme, the soundness of the estimates and the aid plan, and the planning of its implementation.

2.

The checks referred to in paragraph 1 shall verify whether:

(a)

targets are measurable and can be monitored and achieved through the proposed actions; and

(b)

the operations for which aid is requested are in compliance with the applicable F60... laws in particular, State aid, rural development and promotion programmes, and obligatory standards established by F61... legislation or the F62strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation concerned.

Article 26Administrative checks

1.

The procedures relating to the administrative checks shall require the recording of operations undertaken, the results of the verification and the measures taken in respect of discrepancies.

2.

Prior to granting the aid, F63the appropriate authority shall carry out administrative checks on all aid applications.

3.

Administrative checks on aid applications shall include, where applicable, a verification of:

(a)

the annual report on the execution of the operational programme transmitted together with the aid application;

(b)

the value of marketed production, the contributions to the operational fund and the expenditure incurred;

(c)

the accurate correlation of expenditure claimed with products and services delivered;

(d)

the conformity of the actions undertaken with those included in the approved operational programme; and

(e)

the respect of financial or other limits and ceilings imposed.

4.

Expenditure incurred under the operational programme shall be supported by proof of payment. Invoices used shall be established in the name of the producer organisation, association of producer organisations or the subsidiary complying with the 90 % requirement referred to in Article 22(8) of Delegated Regulation (EU) 2017/891 or, subject to F64approval by the appropriate authority, in the name of one or more of its producer members. However, invoices in respect of the personnel costs referred to in point 2 of Annex III to Delegated Regulation (EU) 2017/891 shall be established in the name of the producer organisation, association of producer organisation, subsidiary complying with the 90 % requirement referred to in Article 22(8) of that Regulation or, subject to F64approval by the appropriate authority, cooperatives which are a member of the producer organisation.

Article 27On-the-spot checks on annual aid applications

1.

F65The appropriate authority shall carry out on-the-spot checks at the premises of producer organisations, associations of producer organisations and their subsidiaries, where applicable, to ensure compliance with the conditions for recognition, for granting an aid or the balance thereof for the year concerned as referred to in Article 9(1), which shall supplement the administrative checks.

2.

The on-the-spot checks shall relate to a sample representing at least 30 % of the total aid applied for each year. Each producer organisation or association of producer organisations implementing an operational programme shall be visited at least once every three years.

3.

F66The appropriate authority shall determine the producer organisations to be checked on the basis of a risk analysis that shall take account of the following criteria:

(a)

the amount of aid;

(b)

the findings of the checks in previous years;

(c)

a random parameter; and

(d)

other parameters to be determined by F67the appropriate authority.

4.

Advance notice of on-the-spot checks may be given, provided that the purpose of the check is not jeopardised.

5.

The on-the-spot checks shall cover all the commitments and obligations of the producer organisation or association of producer organisations, its members or subsidiaries, where applicable, which can be checked at the time of the visit and which could not have been checked during the administrative checks. On-the-spot checks shall in particular concern:

(a)

the compliance with the recognition criteria for the year concerned;

(b)

the implementation of the actions and their consistency with the approved operational programme;

(c)

in relation to a relevant number of actions: the compliance of the expenditure with F68applicable law and respect of the deadlines set out therein;

(d)

the use of the operational fund, including expenditure declared in claims for advance payments or partial payments, the value of marketed production, the contributions to the operational fund and the expenditure declared as supported by accounting or equivalent documents;

(e)

the full delivery of the products by the members, the delivery of the services and the genuineness of the expenditure claimed; and

F69(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.

The value of marketed production shall be verified on the basis of the financial accounting system as audited and certified in accordance with F70the law as it applies in the relevant constituent nation.

To that end, the F71appropriate authority may decide that the declaration of the value of marketed production shall be certified in the same way as the financial accounting data.

The check on the declaration of the value of marketed production may be carried out before the relevant aid application is transmitted but it shall be carried out at the latest before payment of the aid.

7.

Except in exceptional circumstances, the on-the-spot checks shall include a visit to the place where the action is implemented or, if the action is intangible, to the action promoter. In particular, actions on individual holdings of members of producer organisations covered by the sample referred to in paragraph 2 shall be subject of at least one visit to verify their execution.

However, F72the appropriate authority may decide not to carry out such visits for small actions, or where they consider that there is a low risk that the conditions for receiving aid are not fulfilled, or that the operation has not been implemented. The respective decision and its justification shall be recorded. The risk analysis criteria set out in paragraph 3 shall apply mutatis mutandis to this paragraph.

8.

Only checks meeting all the requirements of this Article may be counted towards the fulfilment of the checking rate set out in paragraph 2.

9.

The results of the on-the-spot checks shall be assessed to establish whether any problems encountered are of a systemic nature, entailing a risk for other similar actions, beneficiaries or bodies. This assessment shall also identify the causes of such situations, any further examination which may be required and the recommended corrective and preventive action.

If the checks reveal significant irregularities in a region or part of a region or for a specific producer organisation or association of producer organisations, the F73appropriate authority shall carry out additional checks during the year in the region or on the organisation or association concerned and shall increase the percentage of corresponding applications to be checked the following year.

Article 28Reports of on-the-spot checks

1.

F74The appropriate authority must produce a detailed report for each on-the-spot check indicating at least the following information:

(a)

the aid scheme and the application checked;

(b)

the names and functions of the persons present;

(c)

the actions, measures and documents checked, including the audit trail and supporting evidence verified; and

(d)

the results of the check.

2.

A representative of the producer organisation or association of producer organisations shall be given the opportunity to sign the report to attest his/her presence at the check and to record his/her comments. Where irregularities are found, the beneficiary shall receive a copy of the report.

F75(3.

If the check reveals any non-compliance with the recognition criteria, the producer organisation or association of producer organisations concerned must send a copy of the report to the Secretary of State within 28 days of the date on which the final version of the report is sent to the producer organisation or association of producer organisations.

F76Article 29First-level checks on withdrawal operations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76Article 30Second-level checks on withdrawal operations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F76Article 31Green harvesting and non-harvesting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77Article 32Transnational producer organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F78Article 33Transnational associations of producer organisations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 34Checks

Without prejudice to specific provisions of this Regulation or other F79F80assimilated law, the appropriate authority must conduct checks and F81take measures to ensure the proper application of Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 and this Regulation. Those checks and measures shall be effective, proportionate and dissuasive F82in order to ensure proper management of public funds.

In particular, F83the appropriate authority shall ensure that:

  1. (a)

    F84all eligibility criteria established by applicable legislation or by the strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation in which the producer organisation or association of producer organisations (as the case may be) has its head office can be checked;

  2. (b)

    F85it has a sufficient number of suitably qualified and experienced staff to carry out the checks effectively; and

  3. (c)

    provision is made for checks to avoid irregular duplicated financing of measures under Regulation (EU) No 1308/2013 in the fruit and vegetables sector and under other F86schemes funded in whole or in part by European Union or public funds.

F87If a check reveals any non-compliance with the recognition criteria, a detailed report must be made and sent to the Secretary of State in accordance with Article 28.

F88Article 34AChecks on producer organisations

(1.

The appropriate authority for the constituent nation in which a producer organisation has its head office must:

(a)

organise checks on that organisation in respect of the operational programme and operational fund; and

(b)

apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met.

(2.

The appropriate authorities for any other constituent nations in which the producer organisation’s members are located must, within any reasonable period provided by the appropriate authority in which the producer organisation has its head office:

(a)

provide such administrative assistance and carry out such administrative and on–the-spot checks as are required by that authority; and

(b)

report the results of those checks to that authority.

(3.

In respect of environmental and phytosanitary measures and crisis prevention and management measures, a producer organisation must comply with the rules of the constituent nation where the respective measures and actions take place. In respect of all other matters in relation to the producer organisation and the operational programme and operational fund, the producer organisation must comply with the rules applicable in the constituent nation in which its head office is located.

F88Article 34BChecks on associations of producer organisations

(1.

The appropriate authority for the constituent nation in which a producer organisation which is a member of an association has its head office must:

(a)

organise checks in respect of actions of the operational programme implemented in that constituent nation and of the operational fund;

(b)

apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met;

(c)

provide such administrative assistance as is requested by the appropriate authority for the constituent nation in which the association of producer organisations has its head office; and

(d)

notify the results of checks it has carried out and administrative penalties it has applied without delay to the appropriate authority for the constituent nation in which the association of producer organisations has its head office.

(2.

The appropriate authority for the constituent nation in which the association of producer organisations has its head office must:

(a)

organise checks in respect of actions of the operational programme implemented at the level of the association and of the operational fund of the association;

(b)

apply administrative penalties in accordance with Section 3 of Chapter V of Title II of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met; and

(c)

co-ordinate checks and payments in respect of the actions of the operational programme of the association implemented outside the constituent nation where its head office is located.

(3.

The actions of the operational programmes must comply with the rules and strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation where, in accordance with Article 9(6), the application for aid is submitted.

But environmental and phytosanitary measures and crisis prevention and management measures must comply with the rules of the constituent nation where these measures and actions are actually carried out.

Article 35Obvious errors

In cases of obvious errors recognised by the F89appropriate authority or the Secretary of State (as the case may be), as referred to in Article 59(6) of Regulation (EU) No 1306/2013, any notification, claim or request made to F90an appropriate authority or the Secretary of State (as the case may be) under Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 or this Regulation and any aid application may be corrected and adjusted at any time after its submission.

F91CHAPTER VEXTENSION OF RULES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHAPTER VIENTRY PRICE SYSTEM AND IMPORT DUTIES

Article 38Standard import values

1.

For each product and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the Commission shall fix each working day and for each origin, a standard import value equal to the weighted average of the representative prices referred to in Article 74 of that Regulation, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.

2.

Where a standard import value is established for the products and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, in accordance with Articles 74 and 75 of that Regulation and this Article, the unit price as referred to in Article 142 of Commission Implementing Regulation (EU) 2015/244710 shall not apply. It shall be replaced by the standard import value referred to in paragraph 1.

3.

Where no standard import value is in force for a product of a given origin, the weighted average of standard import values in force for that product shall apply.

4.

During the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall remain applicable until they are changed. They shall cease to apply, however, where no average representative price has been notified to the Commission for two consecutive weeks.

Where, pursuant to the first subparagraph, no standard import value applies to a given product, the standard import value applicable to that product shall be equal to the last average standard import value.

5.

By way of derogation from paragraph 1, where it has not been possible to calculate a standard import value, no standard import value shall be applicable from the first day of the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891.

6.

The exchange rate applicable to the standard import value shall be the rate most recently published by the European Central Bank prior to the last day of the period for which prices are transmitted.

7.

The standard import values expressed in euro shall be published by the Commission via TARIC11.

CHAPTER VIIADDITIONAL IMPORT DUTIES

Article 39Levying of additional import duty

F121.

An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product unless the imports are unlikely to disturb the Union market, or the effects of the additional import duty would be disproportionate to the intended objective.

2.

For each of the products listed in Annex VII and during the periods indicated in that Annex, Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 55 of Implementing Regulation (EU) 2015/2447.

3.

The additional import duty shall be levied on quantities put into free circulation after the date of application of that duty, provided that:

(a)

their customs value determined in accordance with Article 74 of Delegated Regulation (EU) 2017/891 entails the application of the highest specific duties applicable to imports of the origin in question; and

(b)

the import takes place during the period of application of the additional import duty.

Article 40Amount of additional import duty

The additional import duty applied in accordance with Article 39 shall be equivalent to one third of the customs duty specified in the Common Customs Tariff for the product in question.

However, for products benefiting from an import tariff preference as to ad valorem duty, the additional import duty shall be equivalent to one third of the specific customs duty for the product in question where Article 39(2) applies.

Article 41Exemptions from additional import duty

1.

The following goods are exempt from the additional import duty:

(a)

goods imported under a tariff quota;

(b)

goods that left the country of origin before the decision to apply the additional import duty, and which are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Union that was drawn up before application of the additional import duty.

2.

Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 1(b) have been met.

Customs authorities may deem that goods left the country of origin before the date of application of the additional import duty if one of the following documents is provided for:

(a)

sea transport, the bill of loading showing that loading took place before that date;

(b)

rail transport, the waybill accepted by the rail authorities of the country of origin before that date;

(c)

road transport, the road carriage contract (CMR) or another transit document issued in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Union transit or common transit are observed;

(d)

air transport, the air way bill showing that the airline accepted the goods before that date.

CHAPTER VIIIFINAL PROVISIONS

Article 42Entry 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.

F92...

F12ANNEX I Structure and content of a F93... strategy for sustainable operational programmes as referred to in Article 2

1. Duration of the F94... strategy

To be indicated by the F95relevant authority.

2. Analysis of the situation in terms of strengths and weaknesses and potential for development, the strategy chosen to meet them and the justification of the priorities chosen as referred to in Article 36(2)(a) and (b) of Regulation (EU) No 1308/2013.

2.1. Analysis of the situation

Description of the current situation of the fruit and vegetable sector using quantified data, highlighting strengths and weaknesses, disparities, needs and gaps and potential for development on the basis of the relevant indicators set out in Table 4.1 of Annex II. This description shall concern at least:

  • the performances of the fruit and vegetables sector: strengths and weaknesses of the sector, competitiveness and the potential for development of the producer organisations;

  • the environmental effects (impacts, pressures and benefits) of the fruit and vegetables production, including key trends.

2.2. The strategy chosen to meet strengths and weaknesses

Description of the key areas where intervention is expected to bring the maximum value added:

  • relevance of the objectives set for the operational programmes, of the expected results and the extent to which they can be realistically achieved;

  • internal coherence of the strategy, existence of mutually reinforcing interactions and possible conflicts or contradictions between the operational objectives of different actions selected;

  • complementarity and consistency of the actions selected with other national or regional actions, and with activities supported through F96public funds, in particular with the rural development and promotion programmes;

  • expected results and impact compared to the baseline situation and their contribution to F97the constituent nation's objectives.

2.3. Impact from the previous F98... strategy (where applicable)

Description of results and impact of operational programmes implemented in the recent past.

3. Objectives of operational programmes and performance indicators as referred to in Article 36(2)(c) of Regulation (EU) No 1308/2013

Description of the types of actions selected as eligible for support (non-exhaustive list), the objectives pursued, the verifiable targets and the indicators that allow the progress towards achievement of the objectives, efficiency and effectiveness to be assessed.

3.1. Requirements concerning all or several types of actions

F99The relevant authorities shall ensure that all the actions included in the F100... strategy and in the F100... framework F101referred to in Article 36 of Regulation (EU) No 1308/2013 are verifiable and controllable. Where the assessment during the implementation of the operational programmes reveals that the requirements of verifiability and controllability are not met, the actions concerned shall be adjusted accordingly or deleted. F102... Environmental actions shall comply with the requirements set out in Article 33(5) of Regulation (EU) No 1308/2013.

F103The relevant authorities shall adopt safeguards, provisions and checks for ensuring that actions selected as eligible for support are not also supported by other relevant instruments of the common agricultural policy, in particular by rural development and promotion programmes or other F104schemes funded in whole or in part by public funds. Effective safeguards in place pursuant to Article 33(6) of Regulation (EU) No 1308/2013, to protect the environment from possible increased pressures coming from investments supported under operational programmes, and eligibility criteria adopted pursuant to Article 36(1) of that Regulation F105... .

3.2. Specific information required for types of actions aimed at the attainment of the objectives set out or referred to in Article 33(1) of Regulation (EU) No 1308/2013 (to be filled only for the types of actions selected).

3.2.1. Acquisition of fixed assets

  • types of investments eligible for support,

  • other forms of acquisition eligible for support, e.g. renting, leasing,

  • details on eligibility conditions for support.

3.2.2. Other actions

  • description of the types of actions eligible for support,

  • details on eligibility conditions for support.

4. Designation of competent authorities and responsible bodies

Designation by the F106relevant authority of the F107... authority responsible for the management, monitoring and evaluation of the F107... strategy.

5. A description of the monitoring and evaluation systems

The performance indicators set out by the F108... strategy shall comprise the indicators provided for in Article 4 and listed in Table 4.1 of Annex II. Where deemed appropriate, the F108... strategy shall specify additional indicators reflecting national or regional needs, conditions and objectives specific to the national operational programmes.

5.1. Assessment of the operational programmes and reporting obligations for producer organisations as referred to in Article 36(2)(d) and (e) of Regulation (EU) No 1308/2013.

Description of the monitoring and evaluation requirements and procedures in relation to operational programmes, including the reporting obligations for producer organisations.

5.2. Monitoring and evaluation of the F109... strategy

Description of the monitoring and evaluation requirements and procedures in relation to the F109... strategy.

ANNEX II Annual Report Part A

STRUCTURE OF THE ANNUAL REPORT – PART A

These forms constitute the part A of the annual report that the F110appropriate authority is required to F111publish by 15 November each year F112starting in 2022, in the year following the calendar year covered by the report.

These forms are based on the reporting requirements set out in Article 54(b) and in Annex V to Commission Delegated Regulation (EU) 2017/891, laying down detailed rules for the application of Regulation (EU) No 1308/2013 in respect of the fruit and vegetables and processed fruit and vegetables sectors.

F1131.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Information on producer organisations F114and associations of producer organisations F115...

Table 2.1.

Producer organisations

F116...

F116. . .

Table 2.3.

Associations of producer organisations

F116...

F116. . .

F117...

F117. . .

3. Information related to expenditures

Table 3.1.

Expenditures related to producer organisations F118and associations of producer organisations

Table 3.2.

Total expenditures of operational programmes for producer organisations F118and associations of producer organisations

F119....

F119. . .

F119...

F119. . .

4. Monitoring of operational programmes F120...

Table 4.1.

Indicators as regards producer organisations and F121associations of producer organisations

F122...

F122. . .

Explanatory notes

Abbreviations

Common market organisation

CMO

F123. . .

F123. . .

Producer organisation

PO

F124. . .

F124. . .

Association of producers organisation

APO

F124. . .

F124. . .

Operational fund

OF

Operational programme

OP

Value of marketed production

VMP

F123. . .

F123. . .

Country codes

Country name (source language)

Short name (English)

Code

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

F125. . .

United Kingdom

United Kingdom

UK

Region codes

F126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code number (ID) of POs F127and APOs F128...

The code number of each PO F129or APOF130... is UNIQUE. If a PO F129or APOF130... has its recognition withdrawn, the same code number should never be used again.

Monetary values

F131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contact point for communication

F132Constituent nation:

Year:

F133. . .

Organisation

Name

Postal address

Contact person 1

Family name

First name

Job Title

Email address

Business phone

Business fax

Contact person 2

Family name

First name

Job Title

Email address

Business phone

Business fax

Annual Report – Part A

F134Constituent nation:

Year:

F135. . .

SECTION 1 ADMINISTRATIVE INFORMATION

F136. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SECTION 2 INFORMATION RELATED TO POs F137AND APOs F138...

Table 2.1. Producer organisations

Total number of recognised POs

Total number of suspended POs

Total number of POs for which the recognition was withdrawn

Total number of POs that merged with another (or more) PO(s)/APO(s) F139...

Total number of POs concerned

Total number of new PO(s)/APO(s) F139...

New ID number(s)

Number of members of POs

Total

Legal entities

Natural persons

Number of fruit and/or vegetable producers

Total number of POs implementing an operational programme

— recognised POs

— suspended POs

— POs subject to merger

Part of the production intended for the fresh market

Value

Volume (tonnes)

Part of the production intended for processing

Value

Volume (tonnes)

Total area under fruit and vegetables production (ha) 14
14

excluding mushrooms

F140Table 2.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Table 2.3. Associations of producer organisations F141...

Total number of recognised APOs

—Number of PO members

Total number of suspended APOs

—Number of PO members

Total number of APOs for which the recognition was withdrawn

—Number of PO members

Total number of APOs that merged with another (or more) APO(s) F142...

Total number of APOs concerned

Total number of new APO(s) F142...

New ID number(s)

Number of members of APOs

Total

Legal entities

Natural persons

Number of fruit and/or vegetable producers

Total number of APOs implementing an operational programme

—recognised APOs

with entire OP

with partial OP

—suspended APOs

with entire OP

with partial OP

—APOs subject to merger

with entire OP

with partial OP

Part of the production intended for the fresh market

Value

Volume (tonnes)

Part of the production intended for processing

Value

Volume (tonnes)

Total area under fruit and vegetables production (ha) 18

F141...

18

excluding mushrooms

F143Table 2.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144Table 2.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual Report – Part A

F145Constituent nation:

Year:

Region

SECTION 3 EXPENDITURES INFORMATION

Table 3.1. Expenditures related to POs F146and APOs

All POs

F147...

All APOs

F147...

Operational Fund

Total approved

— Amount of the financial contribution of the organisation and/or organisation's members

— Amount of the F148financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013

Final Operational Fund

Total spent

— Amount of the financial contribution of the organisation's member

— Amount of the F148financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013

F149Additional financial assistance

Amount of the F149Additional financial assistance actually paid

F150. . .

List of the beneficiary regions under Article 35 of Regulation (EU) No 1308/2013

Value of marketed production (calculated in accordance with Article 22 of Regulation (EU) 2017/891)

F151...

Table 3.2. Total actual expenditures of operational programmes for POs F152and APOs

Actions/Measures Article 2(f)and (g) of Regulation (EU) 2017/891

Objectives Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013

Total actual expenditures F154...

All POs

F155...

All APOs

F155...

Investments

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

F156. . .

Research

Research and experimental production

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

Quality schemes F157... and measures related to quality improvement

Improvement of product quality

Promotion and communications

Boosting products' commercial value

Promotion of the products

Crisis prevention and management

Training and exchange of best practices

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

Crisis prevention and management

Advisory services and technical assistance

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

Organic production

Environmental measures

Integrated production

Improved use or management of water, including water saving and drainage

Actions to conserve soil

Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features

Actions favouring energy saving (excluding transport)

Action related to reduction of waste production and to improve waste management

Transport

Marketing

Setting-up mutual funds

Crisis prevention and management

Replenishment of mutual funds

F158. . .

F158...

F158...

F158...

F158...

F158...

Harvest insurance

F159. . .

Administrative costs

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

Crisis prevention and management

Research

Others

Planning of production

Improvement of product quality

Boosting products' commercial value

Environmental measures

Note: Regulation (EU) No 1308/2013 provides for the following objectives:

  • — Planning of production

    Articles 33(1)(a) and 152(1)(c)(i),(ii) and (xi)

  • — Improvement of product quality

    Articles 33(1)(b) and 152(1)(c)(i),(iv) and (vi)

  • — Boosting products' commercial value

    Articles 33(1)(c) and 152(1)(c)(i),(ii),(iii),(iv),(ix) and (xi)

  • — Promotion of the products

    Article 33(1)(d) and 152(1)(c)(vi) and (ix)

  • — Environmental measures

    Articles 33(1)(e) and 152(1)(c)(iii),(iv), (v),(vii) and (viii)

  • — Crisis prevention and management

    Articles 33(1)(f), F15333(3) and 152(1)(c)(iv) and (xi)

  • — Research

    Article 152(1)(c)(iv)

F160Table 3.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F160Table 3.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual Report – Part A

F161Constituent nation:

Year:

F162. . .

SECTION 4 MONITORING OF OPERATIONAL PROGRAMMES

The indicators related to actions undertaken by recognised producer organisations F163and associations of producer organisations F164...F165... under an operational programme F166... does not necessarily capture all the factors that may intervene and affect the outputs, results and impact of an operational programme F166... . In this context, the information provided by the indicators should be interpreted in the light of quantitative and qualitative information relating to other key factors contributing to the success or failure of the F167programme's implementation.

F168...

Table 4.1. Indicators as regards POs F169and APOs

Actions/Measures Article 2(f)and (g) of Regulation (EU) 2017/891

Objectives Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013

Indicators

All POs

F171...

All APOs

F171...

Investments 23

Planning of production

Number of holdings

Total value

Improvement of product quality

Number of holdings

Total value

Boosting products' commercial value

Number of holdings

Total value

Total value of marketed production/Total volume of marketed production (F172pounds sterling/kg)

Environmental measures

Number of holdings

Total value

F173. . .

F173. . .

F173. . .

Research

Number of holdings

Total value

Research and experimental production

Planning of production

Total value

Number of holdings

Improvement of product quality

Total value

Number of holdings

Boosting products' commercial value

Total value

Number of holdings

Environmental measures

Number of holdings

Total value

Quality schemes F174... 24 and measures related to quality improvement

Improvement of product quality

Area of PDO/PGI/TSG 25 (ha)

Number of holdings

Volume (tonnes)

Promotion and communications 26

Boosting products' commercial value

Number of holdings

Number of promotion campaigns

Promotion of the products

Number of holdings

Number of promotion campaigns

Crisis prevention and management

Number of holdings

Number of promotion campaigns

Training and exchange of best practices

Planning of production

Number of holdings

Number of actions

Improvement of product quality

Number of holdings

Number of actions

Boosting products' commercial value

Number of holdings

Number of actions

Environmental measures

Number of holdings

Number of actions

Crisis prevention and management

Number of holdings

Number of actions

Advisory services and technical assistance

Planning of production

Number of holdings

Number of actions

Improvement of product quality

Number of holdings

Number of actions

Boosting products' commercial value

Number of holdings

Number of actions

Environmental measures

Number of holdings

Number of actions

Organic production

Environmental measures

Area under organic production of fruit and/or vegetables (ha)

Number of holdings

Integrated production

Area under integrated production of fruit and/or vegetables (ha)

Number of holdings

Improved use or management of water, including water saving and drainage

Area under fruit and vegetable production subject to reduction in use of water (ha)

Number of holdings

Difference of volume (m 3 )

(n – 1/n)

Actions to conserve soil

Area under fruit and vegetable production at risk of soil erosion where anti-erosion measures are implemented (ha) 27

Number of holdings

Difference of fertiliser use per ha (tonnes/ha)

(n – 1/n)

Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features

Area concerned by actions contributing to habitat and biodiversity protection (ha)

Number of holdings

Actions favouring energy saving (excluding transport)

Area under fruit and vegetable production subject to reduction in use of energy (ha)

Number of holdings

Difference of energy consumption

(n – 1/n):

Solids

(tonnes/volume of marketed production)

Liquids

(L/volume of marketed production)

Gas

(m 3 /volume of marketed production)

Electricity

(kwh/volume of marketed production)

Action related to reduction of waste production and to improve waste management

Number of holdings

Difference of volume of waste (m 3 /volume of marketed production)

(n – 1/n)

Difference of volume of packaging (m 3 /volume of marketed production)

(n – 1./n)

Transport

Difference of energy consumption

(n – 1./n):

Liquids

(L/volume of marketed production)

Gas

(m 3 /volume of marketed production)

Electricity

(kwh/volume of marketed production)

Marketing

Number of holdings

Number of actions

Setting-up mutual funds 28

Crisis prevention and management

Number of holdings

Replenishment of mutual funds 29

Number of holdings

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

F175. . .

Harvest insurance

Number of holdings

F176. . .

F176. . .

Others

Planning of production

Number of holdings

Improvement of product quality

Number of holdings

Boosting products' commercial value

Number of holdings

Environmental measures

Number of holdings

Green-harvesting and non-harvesting of different products count as different actions. Green harvesting and non-harvesting of the same product count as one action, regardless of the number of days they take, the number of holdings participating and the number of plots or hectares concerned.

23

Including non-productive investments linked to the achievement of commitments undertaken under the operational programme.

24

Refers to a set of detailed obligations concerning the production methods (a) the respect of which is subject to independent inspection, and (b) that result in a final product the quality of which (i) goes significantly beyond the normal commercial standards as regards public health, plant health or environmental standards and (ii) responds to current and foreseeable market opportunities. It is proposed that the main types of ‘quality schemes’ cover the following: (a) certified organic production; (b) protected geographical indications and protected designations of origin, (c) certified integrated production, (d) private certified product quality schemes.

25

Protected designations of origin/Protected Geographical Indications/Traditional Speciality Guaranteed

26

Each day of a promotion/communication campaign counts as one action.

27

‘At risk of soil erosion’ shall mean any sloping plot with an inclination higher than 10 %, whether or not anti-erosion measures (e.g. soil cover, crop rotation, etc.) have been taken. Where the relevant information is available, F170the appropriate authority may instead use the following definition: ‘At risk of soil erosion’ shall mean any plot with a predicted loss of soil exceeding the rate of natural soil formation, whether or not anti-erosion measures (e.g. soil cover or crop rotation) have been taken.

28

Actions relating to the setting up/refilling of different mutual funds count as different actions.

29

Market withdrawal of the same product in different periods of the year and market withdrawals of different products count as different actions. Each market withdrawal operation for a given product counts as one action.

F177Table 4.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX III

F178. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX IV

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX V

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VI

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VIIProducts and periods for the application of additional import duties as referred to in Article 39

Without prejudice to the rules on 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 additional duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.

Order number

CN code

Description of products

Period of application

78.0015

0702 00 00

Tomatoes

From 1 October to 31 May

78.0020

From 1 June to 30 September

78.0065

0707 00 05

Cucumbers

From 1 May to 31 October

78.0075

From 1 November to 30 April

78.0085

0709 91 00

Artichokes

From 1 November to 30 June

78.0100

0709 93 10

Courgettes

From 1 January to 31 December

78.0110

0805 10 20

Oranges

From 1 December to 31 May

78.0120

0805 20 10

Clementines

From 1 November to end of February

78.0130

0805 20 300805 20 500805 20 700805 20 90

Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids

From 1 November to end of February

78.0155

0805 50 10

Lemons

From 1 June to 31 December

78.0160

From 1 January to 31 May

78.0170

0806 10 10

Table grapes

From 16 July to 16 November

78.0175

0808 10 80

Apples

From 1 January to 31 August

78.0180

From 1 September to 31 December

78.0220

0808 30 90

Pears

From 1 January to 30 April

78.0235

From 1 July to 31 December

78.0250

0809 10 00

Apricots

From 1 June to 31 July

78.0265

0809 29 00

Cherries, other than sour

From 16 May to 15 August

78.0270

0809 30

Peaches, including nectarines

From 16 June to 30 September

78.0280

0809 40 05

Plums

From 16 June to 30 September