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Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors

EU Regulation No 543/2011 · Adopted 7 June 2011 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Commission Implementing Regulation (EU) No 543/2011

of 7 June 2011

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors

C1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)f1, and in particular the second subparagraph of Article 3, Articles 103h, 121(a), 127, 134, 143(b), 148, 179, 192(2), 194 and 203a(8) in conjunction with Article 4 thereof,

Whereas:

(1)

Regulation (EC) No 1234/2007 establishes a common organisation of agricultural markets which includes the fruit and vegetables and processed fruit and vegetables sectors.

(2)

The implementing rules covering the fruit and vegetables and processed fruit and vegetables sectors are laid down in Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sectorf2. That Regulation has been amended several times. In the interests of clarity, it is appropriate to incorporate all the implementing rules in a new Regulation, together with the amendments necessary in the light of experience, and to repeal Regulation (EC) No 1580/2007.

(3)

Marketing years should be set for products of the fruit and vegetables and the processed fruit and vegetables sectors. Since there are no longer any aid schemes in the sectors which follow the harvesting cycle of the products concerned, all marketing years may be harmonised to fit the calendar year.

(4)

Article 113(1)(b) and (c) of Regulation (EC) No 1234/2007 authorises the Commission to provide for marketing standards for fruit and vegetables and processed fruit and vegetables, respectively. Pursuant to Article 113a(1) of that Regulation, fruit and vegetables which are intended to be sold fresh to the consumer, may only be marketed if they are of sound, fair and marketable quality and if the country of origin is indicated. To harmonise the implementation of that provision, it is appropriate to set out details of and provide for a general marketing standard for all fresh fruit and vegetables.

(5)

Specific marketing standards should be adopted for those products for which it seems necessary to adopt a standard based on an assessment of its relevance, taking into account, in particular, which products are most traded in value terms on the basis of the figures held in the European Commission’s reference database on international trade, Comext.

(6)

In order to avoid unnecessary barriers to trade, where specific marketing standards are to be laid down for individual products, these standards should be those as set out in the standards adopted by the United Nations Economic Commission for Europe (UNECE). Where no specific marketing standard has been adopted at Union level, products should be considered as conforming to the general marketing standard where the holder is able to show that the products are in conformity with any applicable UNECE standard.

(7)

Exceptions and exemptions from the application of marketing standards should be provided for in the case of certain operations which are either very marginal and/or specific, or take place at the start of the distribution chain, or in the case of dried fruit and vegetables and products intended for processing. Since some products will naturally develop and have a tendency to perish, they should be permitted to show a slight lack of freshness and turgidity, provided they are not in ‘Extra’ Class. Certain products which are normally not intact when sold should be exempted from the general marketing standard which would otherwise require this.

(8)

The information particulars required by marketing standards should be clearly displayed on the packaging and/or label. To avoid fraud and cases of misleading consumers, the information particulars required by the standards should be available to consumers before purchase, especially in case of distance selling, where experience has shown the risks of fraud and avoidance of the consumer protection offered by the standards.

(9)

Packages containing different species of fruit and vegetables are becoming more common on the market in response to demand from certain consumers. Fair trading requires that fruit and vegetables sold in the same package are of uniform quality. For products for which Union standards have not been adopted this can be ensured by recourse to general provisions. Labelling requirements should be laid down for mixes of different species of fruit and vegetables in the same package. They should be less strict than those laid down by the marketing standards in order to take into account, in particular, the space available on the label.

(10)

In order to ensure that checks may be properly and effectively carried out, invoices and accompanying documents, other than those for consumers, should contain certain basic information included in the marketing standards.

(11)

For the purposes of the selective checks, based on risk analysis, as provided for in Article 113a(4) of Regulation (EC) No 1234/2007 it is necessary to lay down detailed rules on such checks. In particular, the role of the risk assessment when selecting products for checks should be underlined.

(12)

Each Member State should designate the inspection bodies responsible for carrying out conformity checks at each stage of marketing. One of those bodies should be responsible for contacts with and coordination between all other designated bodies.

(13)

Since knowledge of traders and their main characteristics is an indispensable tool in Member States’ analysis, it is essential to set up a database on traders of fruit and vegetables in each Member State. In order to ensure that all actors in the marketing chain are covered and for the sake of legal certainty, a detailed definition of ‘trader’ should be adopted.

(14)

Conformity checks should be carried out by sampling and should concentrate on traders most likely to have goods which do not comply with the standards. Taking into account the characteristics of their national markets, Member States should lay down rules prioritising checks on particular categories of traders. For the sake of transparency, those rules should be notified to the Commission.

(15)

Member States should ensure that exports of fruits and vegetables to third countries conform to the marketing standards and should certify conformity, in accordance with the Geneva Protocol on standardisation of fresh fruit and vegetables and dry and dried fruit concluded within the UNECE and the Organisation for Economic Co-operation and Development (OECD) Scheme for the application of international standards for fruit and vegetables.

(16)

Imports of fruit and vegetables from third countries should conform to the marketing standards or to standards equivalent to them. Conformity checks must therefore be carried out before those goods enter the customs territory of the Union, except in the case of small lots which the inspection bodies consider to be low risk. In certain third countries which provide satisfactory guarantees of conformity, pre-export checks may be carried out by the inspection bodies of those third countries. Where this option is applied, Member States should regularly verify the effectiveness and quality of the pre-export checks carried out by third country inspection bodies.

(17)

Fruit and vegetables intended for processing are not required to conform to marketing standards, so it should be ensured that they are not sold on the market for fresh products. Such products should be appropriately labelled.

(18)

Fruit and vegetables checked for conformity with the marketing standards should be subject to the same type of check at all stages of marketing. To this end, the inspection guidelines recommended by the UNECE in line with the relevant OECD recommendations, should be applied. Specific arrangements should, however, be laid down for checks at the retail sale stage.

(19)

Provisions for the recognition of producer organisations for the products they request should be laid down. Where the recognition is requested for products intended solely for processing, it should be ensured that they are indeed delivered for processing.

(20)

In order to help achieve the goals of the fruit and vegetables regime and to ensure that producer organisations carry out their work in a sustainable and effective way, there should be the utmost stability within producer organisations. Membership of a producer in the producer organisation should therefore be for a minimum period. It should be left up to Member States to lay down the notice periods and the dates on which resignation from membership are to take effect.

(21)

The main and essential activities of a producer organisation should relate to the concentration of supply and marketing. However, producer organisations should be allowed to engage in other activities, whether or not of a commercial nature.

(22)

Cooperation between producer organisations should be encouraged by allowing the marketing of fruit and vegetables bought exclusively from another recognised producer organisation to be left out of the calculations both for the purposes of the main activity and for other activities. Where a producer organisa·tion is recognised for a product for which the provision of technical means is required, it should be allowed to provide those means through its members, through subsidiaries or by outsourcing.

(23)

Producer organisations may hold shares in subsidiaries which help to increase the added value of the production of their members. Rules should be fixed for calculating the value of such marketed production. The main activities of such subsidiaries should be the same as those of the producer organisation, after allowing for a transitional period for adaptation.

(24)

Detailed rules should be laid down on the recognition and functioning of the associations of producer organisations, transnational producer organisations and transnational associations of producer organisations provided for in Regulation (EC) No 1234/2007. For the sake of consistency, they should, as far as possible, reflect the rules laid down for producer organisations.

(25)

In order to facilitate the concentration of supply, the merger of existing producer organisations to form new ones should be encouraged by providing rules for the merger of operational programmes of the merged organisations.

(26)

While respecting the principles whereby a producer organisation must be formed on the own initiative of producers and scrutinised by the producers, it should be left up to Member States to lay down the conditions whereby other natural or legal persons are accepted as members of a producer organisation and/or an association of producer organisations.

(27)

In order to ensure that producer organisations genuinely represent a minimum number of producers, Member States should take measures to ensure that a minority of members who may account for the bulk of production in the producer organisation do not unduly dominate its management and operation.

(28)

In order to take account of different production and marketing circumstances in the Union, Member States should lay down certain conditions for the granting of preliminary recognition to producer groups which submit a recognition plan.

(29)

To promote the setting-up of stable producer organisations capable of making a lasting contribution to the attainment of the objectives of the fruit and vegetables regime, preliminary recognition should be granted only to producer groups which can demonstrate their ability to meet all the requirements for recognition within a specified time limit.

(30)

Provisions on information which the producer groups must provide in the recognition plan should be laid down. To enable producer groups to better meet the recognition conditions, changes to recognition plans should be authorised. To that end, provisions should be laid down enabling Member States to request from producer groups to take corrective action to ensure that their plan is implemented.

(31)

The producer group may satisfy the conditions for recognition before the recognition plan is completed. Provision should be made to allow such groups to submit applications for recognition along with draft operational programmes. For the sake of consistency, the granting of such recognition to a producer group must signify the termination of its recognition plan, and the aid provided for should be discontinued. However, to take account of the multiannual financing of investments, investments qualifying for investment aid should be able to be carried over to operational programmes.

(32)

To facilitate the correct application of the system of aid to cover the costs of formation and administrative operation of producer groups, that aid should be granted at a flat rate. That flat-rate aid should be subject to a ceiling in order to comply with budgetary constraints. Moreover, taking into account the differing financial needs of producer groups of different sizes, that ceiling should be adjusted in line with the value of marketable production of the producer groups.

(33)

For the sake of consistency and a smooth transition to the status of a recognised producer group, the same rules on main activities of producer organisations and their value of marketed production should apply to producer groups.

(34)

In order to take into account the financial needs of the new producers groups and to ensure the correct application of the aid scheme in the event of mergers, the possibility should be given for the aid to be granted to the producer groups resulting from the merger.

(35)

To facilitate the use of the scheme of support to operational programmes, the marketed production of producer organisations should be clearly defined, including the specification of which products may be taken into account and the marketing stage at which the value of production is to be calculated. For control purposes and for the sake of simplification, it is appropriate to use a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing the value of the basic product, namely fruit and vegetables intended for processing, and activities which do not amount to genuine processing activities. Since the volumes of fruit and vegetables needed for the production of processed fruit and vegetables differ largely between groups of products, those differences should be reflected in the applicable flat rates. In the case of fruit and vegetables intended for processing that are transformed into processed aromatic herbs and paprika powder, it is also appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing only the value of the basic product. Additional methods of calculation of marketable production should also be made possible in case of yearly fluctuations or insufficient data. To prevent misuse of the scheme, producer organisations should not in general be permitted to change the methodology for fixing reference periods within the duration of a programme.

(36)

In order to ensure the smooth transition to the new system for the calculation of the value of the marketed production for fruit and vegetables intended for processing, operational programmes approved by 20 January 2010 should not be affected by the new calculation method, without prejudice to the possibility to amend those operational programmes in accordance with Articles 65 and 66 of Regulation (EC) No 1580/2007. For the same reason, the value of the marketed production for the reference period of operational programmes approved after that date should be calculated under the new rules.

(37)

To ensure the correct use of aid, rules should be laid down for the management of operational funds and members’ financial contributions, allowing for as much flexibility as possible on condition that all producers may take advantage of the operational fund and may democratically participate in decisions on its use.

(38)

Provisions should be laid down establishing the scope and structure of the national strategy for sustainable operational programmes and the national framework for environmental actions. The aim shall be to optimise the allocation of financial resources and to improve the quality of the strategy.

(39)

In order to allow appropriate evaluation of the information by the competent authorities and measures and activities to be included in, or excluded from, the programmes, procedures for the presentation and approval of operational programmes, including deadlines, should be laid down. Since the programmes are managed on an annual basis, it should be provided that programmes not approved before a given date are postponed for a year.

(40)

There should be a procedure for the annual amendment of operational programmes for the following year, so that they can be adjusted to take account of any new conditions which could not have been foreseen when they were initially presented. In addition, it should be possible for measures and amounts of the operational fund to be changed during each year of execution of a programme. To ensure that the approved programmes maintain their overall objectives, all such changes should be subject to certain limits and conditions to be defined by Member States and including obligatory notification of changes to the competent authorities.

(41)

For reasons of financial security and legal certainty, a list of operations and expenditure which may not be covered by operational programmes should be drawn up.

(42)

In the case of investments on individual holdings, so as to prevent the unjustified enrichment of a private party who has severed links with the organisation during the useful life of the investment, provisions should be laid down to allow the organisation to recover the residual value of the investment, whether such an investment is owned by a member or by the organisation.

(43)

To ensure the correct application of the aid scheme, 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 available to producer organisations. For similar reasons, an alternative system should be available for the reimbursement of expenditure already incurred.

(44)

The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can significantly disturb the market. Detailed provisions on the scope and application of crisis management and prevention measures in respect of the products referred to in Article 1(1)(i) of Regulation (EC) No 1234/2007 should be laid down. As far as possible, those rules should provide for flexibility and for rapid application in crises and therefore should allow decisions to be taken by Member States and producer organisations themselves. Nevertheless, the rules should prevent abuses and provide for limits on the use of certain measures, including in financial terms. They should also ensure that phytosanitary and environmental requirements are duly respected.

(45)

As regards withdrawals from the market, detailed rules should be adopted taking into account the potential importance of that measure. In particular, rules should be drawn up concerning the system of increased support for fruit and vegetables withdrawn from the market which are distributed free of charge as humanitarian aid by charitable organisations and certain other establishments and institutions. In order to facilitate free distribution, it is appropriate to provide for the possibility to allow charitable organisations and institutions to ask a symbolic contribution from the final recipients of the withdrawn products, in case those products have undergone processing. In addition, maximum levels of support for market withdrawals should be fixed in order to ensure that they do not become a permanent alternative outlet for products compared to placing them on the market. In this context, for those products for which maximum levels of Union withdrawal compensation were set in Annex V to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetablesf3, it is appropriate to continue using such levels, subject to a certain degree of increase to reflect the fact that those withdrawals are now co-financed. For other products, where experience has not yet shown any risk of excessive withdrawals, it is appropriate to allow Member States to fix maximum levels of support. In all cases, however, for similar reasons, it is appropriate to set a quantitative limit of withdrawals per product per producer organisation.

(46)

Detailed rules should be adopted 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, including defining such low degree of organisation. Procedures for the approval of such national aid as well as for the approval and the amount of the reimbursement of the aid by the Union should be provided for, as well as for the proportion of reimbursement. Those procedures should reflect those currently applicable.

(47)

Detailed rules, in particular procedural provisions, should be adopted concerning the conditions under which the rules issued by producer organisations or associations of such organisations in the fruit and vegetables sector may be extended to all producers established in a specific economic area. Where produce is sold on the tree, it should be made clear which rules are to be extended to the producers and the buyers, respectively.

(48)

In order to monitor the imports of apples and to ensure that a significant increase of imports of apples would not go unnoticed within a relatively short period of time, the system of import licenses for apples falling within Combined Nomenclature code (CN code) 0808 10 80 had been introduced in 2006 as a transitional system. Meanwhile, new and accurate means of monitoring imports of apples have been developed, which are less cumbersome for traders than the current licence system. Therefore, the obligation to present import licences for apples falling within CN code 0808 10 80 should cease to apply within a short period of time.

(49)

Detailed rules concerning the entry price system for fruit and vegetables should be adopted. Since most of the perishable fruit and vegetables concerned are supplied on consignment, this creates special difficulties for determining their value. The possible methods for the calculation of the entry price on the basis of which imported products are classified in the Common Customs Tariff should be set. In particular, standard import values should be established on the basis of the weighted average of the average prices for the products and special provision should be made for cases in which no prices are available for products of a given origin. There should be provision for the lodging of a security in certain circumstances to ensure that the system is correctly applied.

(50)

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 adopted. The additional 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 additional duty and, therefore, specific provisions for such goods should be adopted.

(51)

Provision should be made for appropriate monitoring and evaluation of ongoing programmes and schemes in order to assess their effectiveness and efficiency by both producer organisations and Member States.

(52)

Provisions concerning the type, format and means of notifications necessary to implement this Regulation should be laid down. Those provisions should include notifications from producers and producer organisations to the Member States and from the Member States to the Commission, as well as the consequences resulting from late or inaccurate notifications.

(53)

Measures should be laid down as regards the checks necessary to ensure the proper application of this Regulation and Regulation (EC) No 1234/2007, and the appropriate sanctions applicable to irregularities found. Those measures should involve both specific checks and sanctions laid down at Union level as well as additional national checks and sanctions. The checks and sanctions should be dissuasive, effective and proportionate. Rules should be provided for resolving cases of obvious error, force majeure and other exceptional circumstances to ensure fair treatment of producers. Rules for artificially created situations should be provided for in order to avoid any benefit being derived from such situations.

(54)

Provisions should be laid down to continue the smooth transition from the previous system set out in Regulation (EC) No 2200/96, Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable productsf4, and Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruitsf5 to the new system set out in Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96f6 and subsequently Regulation (EC) No 1234/2007 and in Regulation (EC) No 1580/2007 and subsequently this Regulation and the implementation of the transitional rules set out in Article 203a of Regulation (EC) No 1234/2007.

(55)

In order to limit the effects of the abolition of the system of import licences for apples on trade patterns, Article 134 of Regulation (EC) No 1580/2007 should continue to apply until 31 August 2011.

(56)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Modifications

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Regulation applied (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(a), Sch. 1 (with regs. 7, 8)

Footnotes

f1

OJ L 299, 16.11.2007, p. 1.

f2

OJ L 350, 31.12.2007, p. 1.

f3

OJ L 297, 21.11.1996, p. 1.

f4

OJ L 297, 21.11.1996, p. 29.

f5

OJ L 297, 21.11.1996, p. 46.

f6

OJ L 273, 17.10.2007, p. 1.

Contents

  1. Title I: INTRODUCTORY PROVISIONS
  2. 1Scope and use of terms
  3. 2Marketing years Repealed
  4. Title II: CLASSIFICATION OF PRODUCTS
  5. Chapter I: General rules
  6. 3Marketing standards; holders
  7. 4Exceptions and exemptions from the application of marketing standards
  8. 5Information particulars
  9. 6Information particulars at the retail stage
  10. 7Mixes
  11. Chapter II: Checks on conformity to marketing standards
  12. General provisions
  13. 8Scope
  14. 9Coordinating authorities and inspection bodies
  15. 10Trader database
  16. Conformity checks ...
  17. 11Conformity checks
  18. 12Approved traders
  19. 13Acceptance of declarations by customs
  20. 14Certificate of conformity
  21. Conformity checks carried out by third countries
  22. 15Approval of conformity checks carried out by third countries prior to import into Great Britain
  23. 16Suspension of approval of the conformity checks
  24. Methods of inspection
  25. 17Methods of inspection
  26. Notifications
  27. 18Notifications
  28. Title III: PRODUCER ORGANISATIONS
  29. Chapter I: Requirements and recognition
  30. Definitions Repealed
  31. 19Definitions Repealed
  32. Requirements applicable to producer organisations Repealed
  33. 20Product coverage Repealed
  34. 21Minimum number of members Repealed
  35. 22Minimum length of membership Repealed
  36. 23Structures and activities of producer organisations Repealed
  37. 24Value or volume of marketable production Repealed
  38. 25Provision of technical means Repealed
  39. 26Producer organisations’ main activities Repealed
  40. 26aMarketing of the production outside the producer organisation Repealed
  41. 27Outsourcing Repealed
  42. 28Transnational producer organisations Repealed
  43. 29Mergers of producer organisations Repealed
  44. 30Non-producer members Repealed
  45. 31Democratic accountability of producer organisations Repealed
  46. Associations of producer organisations Repealed
  47. 32Rules on producer organisations applicable to associations of producer organisations Repealed
  48. 33Recognition of associations of producer organisations Repealed
  49. 34Members of associations of producer organisations which are not producer organisations Repealed
  50. 35Transnational association of producer organisations Repealed
  51. Producer groups Repealed
  52. 36Submission of recognition plans Repealed
  53. 37Content of recognition plans Repealed
  54. 38Approval of recognition plans Repealed
  55. 39Implementation of recognition plans Repealed
  56. 40Applications for recognition as a producer organisation Repealed
  57. 41Producer groups’ main activities Repealed
  58. 42Value of marketed production Repealed
  59. 43Financing of recognition plans Repealed
  60. 44Aid for investments required for recognition Repealed
  61. 45Application for aid Repealed
  62. 46Eligibility Repealed
  63. 47Union contribution Repealed
  64. 48Mergers Repealed
  65. 49Consequences of recognition Repealed
  66. Chapter II: Operational funds and operational programmes Repealed
  67. Value of marketed production Repealed
  68. 50Basis for calculation Repealed
  69. 51Reference period Repealed
  70. Operational Funds Repealed
  71. 52Management Repealed
  72. 53Financing of operational funds Repealed
  73. 54Notification of estimated amount Repealed
  74. Operational Programmes Repealed
  75. 55National strategy Repealed
  76. 56National framework for environmental actions Repealed
  77. 57Complementary Member State rules Repealed
  78. 58Relationship with rural development programmes Repealed
  79. 59Contents of operational programmes Repealed
  80. 60Eligibility of actions under operational programmes Repealed
  81. 61Documents to be submitted Repealed
  82. 62Operational programmes of associations of producer organisations Repealed
  83. 63Time limit for submission Repealed
  84. 64Decision Repealed
  85. 65Amendments to operational programmes for subsequent years Repealed
  86. 66Amendments to operational programmes during the year Repealed
  87. 67Format of operational programmes Repealed
  88. Aid Repealed
  89. 68Approved amount of aid Repealed
  90. 69Aid applications Repealed
  91. 70Payment of the aid Repealed
  92. 71Advance payments Repealed
  93. 72Partial payments Repealed
  94. Chapter III: Crisis prevention and management measures Repealed
  95. General Provisions Repealed
  96. 73Selection of crisis prevention and management measures Repealed
  97. 74Loans to finance crisis prevention and management measures Repealed
  98. Market withdrawals Repealed
  99. 75Definition Repealed
  100. 76Marketing standards Repealed
  101. 77Three-year average for market withdrawals for free distribution Repealed
  102. 78Prior notification of withdrawal operations Repealed
  103. 79Support Repealed
  104. 80Destinations for withdrawn products Repealed
  105. 81Transport costs Repealed
  106. 82Sorting and packing costs Repealed
  107. 83Conditions for the recipients of withdrawn products Repealed
  108. Green harvesting and non-harvesting Repealed
  109. 84Definitions of green harvesting and non-harvesting Repealed
  110. 85Conditions for the application of green harvesting and non-harvesting Repealed
  111. Promotion and communication Repealed
  112. 86Implementation of promotion and communication measures Repealed
  113. Training Repealed
  114. 87Implementation of training actions Repealed
  115. Harvest insurance Repealed
  116. 88Objective of harvest insurance actions Repealed
  117. 89Implementation of harvest insurance actions Repealed
  118. 89aReplanting of orchards following mandatory grubbing-up Repealed
  119. Support for the administrative cost of setting up mutual funds Repealed
  120. 90Conditions for support for the administrative cost of setting up mutual funds Repealed
  121. Chapter IV: National Financial Assistance Repealed
  122. 91Degree of organisation of producers and definition of a region Repealed
  123. 92Authorisation to pay national financial assistance Repealed
  124. 93Amendments to the operational programme Repealed
  125. 94Application for and payment of the national financial assistance Repealed
  126. 95Union reimbursement of the national financial assistance Repealed
  127. Chapter V: General Provisions Repealed
  128. Reports and notifications Repealed
  129. 96Producer groups and producer organisations’ reports Repealed
  130. 97Member States’ notifications concerning producer organisations, associations of producer organisations and producer groups Repealed
  131. 98Member States’ notifications concerning producer prices of fruit and vegetables in the internal market Repealed
  132. Checks Repealed
  133. 99Unique identification system Repealed
  134. 100Submission procedures Repealed
  135. 101Sampling Repealed
  136. 102Administrative checks Repealed
  137. 103On-the-spot checks Repealed
  138. 104Granting of recognition and approval of operational programmes Repealed
  139. 105Administrative checks on aid applications for operational programmes Repealed
  140. 106On-the-spot checks on aid applications for operational programmes Repealed
  141. 107On-the-spot checks on measures of operational programmes Repealed
  142. 108First-level checks on withdrawal operations Repealed
  143. 109Second-level checks on withdrawal operations Repealed
  144. 110Green harvesting and non-harvesting Repealed
  145. 111Checks before approving recognition plans of producer groups Repealed
  146. 112Checks on aid applications of producer groups Repealed
  147. 113Transnational producer organisations and transnational associations of producer organisations Repealed
  148. Sanctions Repealed
  149. 114Non-respect of recognition criteria Repealed
  150. 115Fraud Repealed
  151. 116Producer groups Repealed
  152. 117Operational programme Repealed
  153. 118Sanctions following first-level checks on withdrawal operations Repealed
  154. 119Other sanctions applicable to producer organisations regarding withdrawal operations Repealed
  155. 120Sanctions applicable to recipients of withdrawn products Repealed
  156. 121Green harvesting and non-harvesting Repealed
  157. 122Preventing an on-the-spot check Repealed
  158. 123Payment of recovered aid and penalties Repealed
  159. 124Notification of irregularities Repealed
  160. Monitoring and evaluation of operational programmes and of national strategies Repealed
  161. 125Common performance indicators Repealed
  162. 126Monitoring and evaluation procedures in relation to operational programmes Repealed
  163. 127Monitoring and evaluation procedures in relation to the national strategy Repealed
  164. Chapter VI: Extension of rules to producers of an economic area Repealed
  165. 128Notification of list of economic areas Repealed
  166. 129Notification of binding rules; representativeness Repealed
  167. 130Financial contributions Repealed
  168. 131Extensions beyond one marketing year Repealed
  169. 132Produce sold on the tree; buyers Repealed
  170. Title IV: TRADE WITH THIRD COUNTRIES Repealed
  171. Chapter I: Import duties and entry price system Repealed
  172. Entry price system Repealed
  173. 133Scope and definitions Repealed
  174. 134Notification of prices and quantities of products imported Repealed
  175. 135Representative markets Repealed
  176. 136Standard import values Repealed
  177. 137Entry price basis Repealed
  178. Additional import duties Repealed
  179. 138Scope and definitions Repealed
  180. 139Notification of volumes Repealed
  181. 140Levying of additional duty Repealed
  182. 141Amount of additional duty Repealed
  183. 142Exemptions from additional duty Repealed
  184. Title V: GENERAL, TRANSITIONAL AND FINAL PROVISIONS
  185. 143Checks Repealed
  186. 144National sanctions Repealed
  187. 145Artificially created situations Repealed
  188. 146Notifications Repealed
  189. 147Obvious errors Repealed
  190. 148Force majeure and exceptional circumstances Repealed
  191. A149Regulations
  192. 149Repeal
  193. 150Transitional provisions Repealed
  194. 151Entry into force
  195. Signature
  196. Annex I: MARKETING STANDARDS REFERRED TO IN ARTICLE 3
  197. PART AGeneral marketing standard
  198. 1Minimum requirements
  199. 2Minimum maturity requirements
  200. 3Tolerance
  201. 4Marking
  202. AIdentification
  203. BOrigin
  204. Specific marketing standards
  205. MARKETING STANDARD FOR APPLES
  206. IDEFINITION OF PRODUCE
  207. IIPROVISIONS CONCERNING QUALITY
  208. AMinimum requirements
  209. BMaturity requirements
  210. CClassification
  211. (i)‘ Extra ’ Class
  212. (ii)Class I
  213. (iii)Class II
  214. IIIPROVISIONS CONCERNING SIZING
  215. IVPROVISIONS CONCERNING TOLERANCES
  216. Quality tolerances
  217. (i)‘ Extra ’ Class
  218. (ii)Class I
  219. (iii)Class II
  220. BSize tolerances
  221. PROVISIONS CONCERNING PRESENTATION
  222. AUniformity
  223. BPackaging
  224. VIPROVISIONS CONCERNING MARKING
  225. AIdentification
  226. BNature of produce
  227. COrigin of produce
  228. DCommercial specifications
  229. EOfficial control mark (optional)
  230. Appendix
  231. Non-exhaustive list of apple varieties
  232. MARKETING STANDARD FOR CITRUS FRUIT
  233. IDEFINITION OF PRODUCE
  234. IIPROVISIONS CONCERNING QUALITY
  235. AMinimum requirements
  236. BMaturity requirements
  237. CClassification
  238. (i)‘ Extra ’ Class
  239. (ii)Class I
  240. (iii)Class II
  241. IIIPROVISIONS CONCERNING SIZING
  242. AMinimum size
  243. BUniformity
  244. IVPROVISIONS CONCERNING TOLERANCES
  245. Quality tolerances
  246. (i)‘ Extra ’ Class
  247. (ii)Class I
  248. (iii)Class II
  249. BSize tolerances
  250. PROVISIONS CONCERNING PRESENTATION
  251. AUniformity
  252. BPackaging
  253. VIPROVISIONS CONCERNING MARKING
  254. AIdentification
  255. BNature of produce
  256. COrigin of produce
  257. DCommercial specifications
  258. EOfficial control mark (optional)
  259. MARKETING STANDARD FOR KIWIFRUIT
  260. IDEFINITION OF PRODUCE
  261. IIPROVISIONS CONCERNING QUALITY
  262. AMinimum requirements
  263. BMinimum maturity requirements
  264. CClassification
  265. (i)‘ Extra ’ Class
  266. (ii)Class I
  267. (iii)Class II
  268. IIIPROVISIONS CONCERNING SIZING
  269. IVPROVISIONS CONCERNING TOLERANCES
  270. Quality tolerances
  271. (i)‘ Extra ’ Class
  272. (ii)Class I
  273. (iii)Class II
  274. BSize tolerances
  275. PROVISIONS CONCERNING PRESENTATION
  276. AUniformity
  277. BPackaging
  278. VIPROVISIONS CONCERNING MARKING
  279. AIdentification
  280. BNature of produce
  281. COrigin of produce
  282. DCommercial specifications
  283. EOfficial control mark (optional)
  284. MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED (BATAVIAN) ENDIVES
  285. IDEFINITION OF PRODUCE
  286. IIPROVISIONS CONCERNING QUALITY
  287. AMinimum requirements
  288. BClassification
  289. (i)Class I
  290. (ii)Class II
  291. IIIPROVISIONS CONCERNING SIZING
  292. IVPROVISIONS CONCERNING TOLERANCES
  293. Quality tolerances
  294. (i)Class I
  295. (ii)Class II
  296. BSize tolerances
  297. PROVISIONS CONCERNING PRESENTATION
  298. AUniformity
  299. BPackaging
  300. VIPROVISIONS CONCERNING MARKING
  301. AIdentification
  302. BNature of produce
  303. COrigin of produce
  304. DCommercial specifications
  305. EOfficial control mark (optional)
  306. MARKETING STANDARD FOR PEACHES AND NECTARINES
  307. IDEFINITION OF PRODUCE
  308. IIPROVISIONS CONCERNING QUALITY
  309. AMinimum requirements
  310. BMaturity requirements
  311. CClassification
  312. (i)‘ Extra ’ Class
  313. (ii)Class I
  314. (iii)Class II
  315. IIIPROVISIONS CONCERNING SIZING
  316. IVPROVISIONS CONCERNING TOLERANCES
  317. Quality tolerances
  318. (i)‘ Extra ’ Class
  319. (ii)Class I
  320. (iii)Class II
  321. BSize tolerances
  322. PROVISIONS CONCERNING PRESENTATION
  323. AUniformity
  324. BPackaging
  325. VIPROVISIONS CONCERNING MARKING
  326. AIdentification
  327. BNature of produce
  328. COrigin of produce
  329. DCommercial specifications
  330. EOfficial control mark (optional)
  331. MARKETING STANDARD FOR PEARS
  332. IDEFINITION OF PRODUCE
  333. IIPROVISIONS CONCERNING QUALITY
  334. AMinimum requirements
  335. BMaturity requirements
  336. CClassification
  337. (i)‘ Extra ’ Class
  338. (ii)Class I
  339. (iii)Class II
  340. IIIPROVISIONS CONCERNING SIZING
  341. IVPROVISIONS CONCERNING TOLERANCES
  342. Quality tolerances
  343. (i)‘ Extra ’ Class
  344. (ii)Class I
  345. (iii)Class II
  346. BSize tolerances
  347. PROVISIONS CONCERNING PRESENTATION
  348. AUniformity
  349. BPackaging
  350. VIPROVISIONS CONCERNING MARKING
  351. AIdentification
  352. BNature of produce
  353. COrigin of produce
  354. DCommercial specifications
  355. EOfficial control mark (optional)
  356. Appendix
  357. Non-exhaustive list of large-fruited and summer pear varieties
  358. MARKETING STANDARD FOR STRAWBERRIES
  359. IDEFINITION OF PRODUCE
  360. IIPROVISIONS CONCERNING QUALITY
  361. AMinimum requirements
  362. BClassification
  363. (i)‘ Extra ’ Class
  364. (ii)Class I
  365. (iii)Class II
  366. IIIPROVISIONS CONCERNING SIZING
  367. IVPROVISIONS CONCERNING TOLERANCES
  368. Quality tolerances
  369. (i)‘ Extra ’ Class
  370. (ii)Class I
  371. (iii)Class II
  372. BSize tolerances
  373. PROVISIONS CONCERNING PRESENTATION
  374. AUniformity
  375. BPackaging
  376. VIPROVISIONS CONCERNING MARKING
  377. AIdentification
  378. BNature of produce
  379. COrigin of produce
  380. DCommercial specifications
  381. EOfficial control mark (optional)
  382. MARKETING STANDARD FOR SWEET PEPPERS
  383. IDEFINITION OF PRODUCE
  384. IIPROVISIONS CONCERNING QUALITY
  385. AMinimum requirements
  386. BClassification
  387. (i)‘ Extra ’ Class
  388. (ii)Class I
  389. (iii)Class II
  390. IIIPROVISIONS CONCERNING SIZING
  391. IVPROVISIONS CONCERNING TOLERANCES
  392. Quality tolerances
  393. (i)‘ Extra ’ Class
  394. (ii)Class I
  395. (iii)Class II
  396. BSize tolerances
  397. PROVISIONS CONCERNING PRESENTATION
  398. AUniformity
  399. BPackaging
  400. VIPROVISIONS CONCERNING MARKING
  401. AIdentification
  402. BNature of produce
  403. COrigin of produce
  404. DCommercial specifications
  405. EOfficial control mark (optional)
  406. MARKETING STANDARD FOR TABLE GRAPES
  407. IDEFINITION OF PRODUCE
  408. IIPROVISIONS CONCERNING QUALITY
  409. AMinimum requirements
  410. BMaturity requirements
  411. CClassification
  412. (i)‘ Extra ’ Class
  413. (ii)Class I
  414. (iii)Class II
  415. IIIPROVISIONS CONCERNIG SIZING
  416. IVPROVISIONS CONCERNING TOLERANCES
  417. Quality tolerances
  418. (i)‘ Extra ’ Class
  419. (ii)Class I
  420. (iii)Class II
  421. BSize tolerances
  422. PROVISIONS CONCERNING PRESENTATION
  423. AUniformity
  424. BPackaging
  425. VIPROVISIONS CONCERNING MARKING
  426. AIdentification
  427. BNature of produce
  428. COrigin of produce
  429. DCommercial specifications
  430. EOfficial control mark (optional)
  431. MARKETING STANDARD FOR TOMATOES
  432. IDEFINITION OF PRODUCE
  433. IIPROVISIONS CONCERNING QUALITY
  434. AMinimum requirements
  435. BMaturity requirements
  436. CClassification
  437. (i)‘ Extra ’ Class
  438. (ii)Class I
  439. (iii)Class II
  440. IIIPROVISIONS CONCERNING SIZING
  441. IVPROVISIONS CONCERNING TOLERANCES
  442. Quality tolerances
  443. (i)‘ Extra ’ Class
  444. (ii)Class I
  445. (iii)Class II
  446. BSize tolerances
  447. PROVISIONS CONCERNING PRESENTATION
  448. AUniformity
  449. BPackaging
  450. VIPROVISIONS CONCERNING MARKING
  451. AIdentification
  452. BNature of produce
  453. COrigin of produce
  454. DCommercial specifications
  455. EOfficial control mark (optional)
  456. Annex IISPECIMEN MENTIONED IN ARTICLE 12(1)
  457. Annex IIICERTIFICATE OF CONFORMITY WITH THE EUROPEAN UNION MARKETING STANDARDS FOR FRESH FRUIT AND VEGETABLES REFERRED TO IN ARTICLES 12, 13 AND 14
  458. Annex IVAnnex IV
  459. Annex VMETHODS OF INSPECTION REFERRED TO IN ARTICLE 17(1)
  460. DEFINITIONS
  461. 1.1Package
  462. 1.2Sales package
  463. 1.3Pre-packages
  464. 1.4Consignment
  465. 1.5Lot
  466. 1.6Sampling
  467. 1.7Primary sample
  468. 1.8Bulk sample
  469. 1.9Secondary sample
  470. 1.10Composite sample (dry and dried produce only)
  471. 1.11Reduced sample
  472. IMPLEMENTATION OF CONFORMITY CHECK
  473. 2.1General remark
  474. 2.2Place of control
  475. 2.3Identification of lots and/or getting a general impression of the consignment
  476. 2.4Presentation of produce
  477. 2.5Physical check
  478. 2.6Control of produce
  479. 2.7Report of control results
  480. 2.8Decline in value by conformity check
  481. Annex Va: INELIGIBLE INVESTMENTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 37 Repealed
  482. 1Investments in means of transport to be used for marketing or distribution by the producer group, with the exception of: Repealed
  483. 2Division 2 Repealed
  484. 3Division 3 Repealed
  485. 4Division 4 Repealed
  486. 5Division 5 Repealed
  487. 6Division 6 Repealed
  488. 7Division 7 Repealed
  489. Annex VbTemplates for notification per producer group as referred to in Article 38(4) Repealed
  490. Annex VIAnnex VI Repealed
  491. Annex VII: STRUCTURE AND CONTENT OF A NATIONAL STRATEGY FOR SUSTAINABLE OPERATIONAL PROGRAMMES REFERRED TO IN ARTICLE 55(1) Repealed
  492. 1Duration of the national strategy Repealed
  493. 2Division 2 Repealed
  494. 2.1Analysis of the situation Repealed
  495. 2.2The strategy chosen to meet strengths and weaknesses Repealed
  496. 2.3Impact from the previous operational programmes (when available) Repealed
  497. 3Division 3 Repealed
  498. 3.1Requirements concerning all or several types of actions Repealed
  499. 3.2Specific information required for types of actions (to be filled only for the types of actions selected) Repealed
  500. Actions aimed at planning of production (non-exhaustive list) Repealed
  501. 3.2.1.1Acquisition of fixed assets Repealed
  502. 3.2.1.2Other actions Repealed
  503. Actions aimed at improving or maintaining product quality (non-exhaustive list) Repealed
  504. 3.2.2.1Acquisition of fixed assets Repealed
  505. 3.2.2.2Other actions Repealed
  506. Actions aimed at improving marketing (non-exhaustive list) Repealed
  507. 3.2.3.1Acquisition of fixed assets Repealed
  508. 3.2.3.2Other types of actions including promotion and communication activities other than in relation to crisis prevention and management Repealed
  509. Research and experimental production (non-exhaustive list) Repealed
  510. 3.2.4.1Acquisition of fixed assets Repealed
  511. 3.2.4.2Other types of actions Repealed
  512. 3.2.5Training types of actions (other than in relation to crisis prevention and management) and actions aimed at promoting access to advisory services (non-exhaustive list) Repealed
  513. 3.2.6Crisis prevention and management measures Repealed
  514. 3.2.7Environmental types of actions (non-exhaustive list) Repealed
  515. 3.2.7.1Acquisition of fixed assets Repealed
  516. 3.2.7.2Other types of actions Repealed
  517. Other types of actions (non-exhaustive list) Repealed
  518. 3.2.8.1Acquisition of fixed assets Repealed
  519. 3.2.8.2Other actions Repealed
  520. 4Designation of competent authorities and bodies responsible Repealed
  521. 5A description of the monitoring and evaluation systems Repealed
  522. 5.1Division 5.1 Repealed
  523. 5.2Monitoring and evaluation of the national strategy Repealed
  524. Annex VIIIList of common performance indicators referred to in Articles 59(a), 96(3)(a) and 125(2) Repealed
  525. 1COMMON INDICATORS RELATING TO THE FINANCIAL EXECUTION (INPUT INDICATORS) (ANNUAL) Repealed
  526. 2COMMON OUTPUT INDICATORS (ANNUAL) Repealed
  527. 3COMMON RESULT INDICATORS Repealed
  528. Division Repealed
  529. 4COMMON IMPACT INDICATORS Repealed
  530. Division Repealed
  531. 5COMMON BASELINE INDICATORS Repealed
  532. Division Repealed
  533. Annex IX: LIST OF ACTIONS AND EXPENDITURE NOT ELIGIBLE UNDER OPERATIONAL PROGRAMMES REFERRED TO IN ARTICLE 60(1) Repealed
  534. 1General production costs and, in particular, plant protection products, including integrated control materials, fertilisers and other inputs; packing costs, storage costs, packaging costs, even as part of new processes, costs of packages; costs of collection or transport (internal or external); operating costs (in particular electricity, fuel and maintenance), except: Repealed
  535. 2Administrative and personnel costs with the exception of expenditure relating to the implementation of operational funds and operational programmes which shall include: Repealed
  536. 3Division 3 Repealed
  537. 4Division 4 Repealed
  538. 5Division 5 Repealed
  539. 6Division 6 Repealed
  540. 7Division 7 Repealed
  541. 8Division 8 Repealed
  542. 9Division 9 Repealed
  543. 10Division 10 Repealed
  544. 11Investments in means of transport to be used for marketing or distribution by the producer organisation, with the exception of: Repealed
  545. 12Division 12 Repealed
  546. 13Division 13 Repealed
  547. 14Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs, except: Repealed
  548. 15Promotion of individual commercial labels or labels containing geographic references except: Repealed
  549. 16Division 16 Repealed
  550. 17Division 17 Repealed
  551. 18Division 18 Repealed
  552. 19Division 19 Repealed
  553. 20Division 20 Repealed
  554. 21Division 21 Repealed
  555. 22Division 22 Repealed
  556. 23Division 23 Repealed
  557. 24Division 24 Repealed
  558. Annex X: MINIMUM REQUIREMENTS FOR WITHDRAWAL OF PRODUCTS REFERRED TO IN ARTICLE 76(2) Repealed
  559. 1The products shall be: Repealed
  560. 2Division 2 Repealed
  561. 3Division 3 Repealed
  562. Annex XIAnnex XI Repealed
  563. Annex XIIAnnex XII Repealed
  564. Annex XIII Repealed
  565. ASORTING AND PACKING COSTS REFERRED TO IN ARTICLE 82(1) Repealed
  566. BSTATEMENT FOR PACKAGING OF PRODUCTS REFERRED TO IN ARTICLE 82(2) Repealed
  567. Annex XIVInformation to be included in the annual report of Member States as referred to in Article 97(b) Repealed
  568. INFORMATION FOR MARKET MANAGEMENT Repealed
  569. Administrative information Repealed
  570. (a)Division (a) Repealed
  571. (b)Division (b) Repealed
  572. (c)Information on producer organisations and associations of producer organisations and producer groups: Repealed
  573. (d)Information on interbranch organisations: Repealed
  574. Information related to expenditures Repealed
  575. (a)Producer organisations. Financial data per beneficiary (producer organisation or association of producer organisations): Repealed
  576. (b)Producer groups. Financial data per beneficiary: Repealed
  577. 3Division 3 Repealed
  578. 4Division 4 Repealed
  579. INFORMATION FOR THE CLEARANCE OF ACCOUNTS Repealed
  580. 5Division 5 Repealed
  581. Annex XV Repealed
  582. APrice notification referred to in Article 98(1) Repealed
  583. BList of fruit and vegetables and other products referred to in Article 98(3) Repealed
  584. Annex XVIENTRY PRICE SYSTEM SET OUT IN TITLE IV, CHAPTER I, SECTION 1 Repealed
  585. Annex XVIIAnnex XVII Repealed
  586. Annex XVIIIADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER I, SECTION 2 Repealed
  587. Annex XIXAnnex XIX
  588. Annex XXREGULATIONS REFERRED TO IN ARTICLE 150(2) Repealed