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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

EU Regulation 2017/892 · Adopted 13 March 2017 · 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) 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

C1C2

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 1234/2007f1, 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 485/2008f2, 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 1234/2007f3 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 543/2011f4. That Regulation is amended by Commission Delegated Regulation (EU) 2017/891f5.

(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:

Annotations to the whole text

Modifications

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Regulation: power to modify conferred (E.) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

C2

Regulation: power to modify conferred (N.I.) (17.9.2025) by Agriculture Act (Northern Ireland) 2025 (c. 6), ss. 2(1)(c), 6(1)

Footnotes

f1

OJ L 347, 20.12.2013, p. 671.

f2

OJ L 347, 20.12.2013, p. 549.

f3

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) (OJ L 299, 16.11.2007, p. 1).

f4

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 (OJ L 157, 15.6.2011, p. 1).

f5

Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 (see p. 4 of this Official Journal).

Contents

  1. Chapter I: PRODUCER ORGANISATIONS
  2. Introductory provision
  3. 1Subject matter and scope
  4. 1ADefinitions
  5. 1BDefinition of appropriate authority
  6. Operational programmes
  7. 2Strategy for sustainable operational programmes
  8. 3Framework for environmental actions and the eligible investments
  9. 4Content of operational programmes
  10. 5Documents to be submitted with the operational programme
  11. 6Time limit for submission
  12. 7Implementation periods of operational programmes
  13. Aid
  14. 8Approved amount of aid
  15. 8aImplementation of increase of the limit of the Union financial assistance from 50 % to 60 % Repealed
  16. 9Aid applications
  17. 10Payment of the aid
  18. 11Advance payments
  19. 12Partial payments
  20. Chapter II: CRISIS PREVENTION AND MANAGEMENT MEASURES
  21. 13Training measures and exchanges of better practices
  22. 14Promotion and communication measures
  23. 15Marketing standards of products withdrawn Repealed
  24. 16Transport costs for free distribution Repealed
  25. 17Sorting and packing costs for free distribution Repealed
  26. Chapter III: NATIONAL FINANCIAL ASSISTANCE Repealed
  27. 18Authorisation to pay national financial assistance Repealed
  28. 19Application for and payment of the national financial assistance Repealed
  29. 20Union reimbursement of the national financial assistance Repealed
  30. Chapter IV: INFORMATION, REPORTS AND CHECKS
  31. Information and reports
  32. 21Information ... from producer groups, producer organisations and associations of producer organisations and annual reports from the appropriate authorities
  33. Checks
  34. 22Unique identification system
  35. 23Submission procedures
  36. 24Granting of recognition
  37. 25Approval of operational programmes and their amendments
  38. 26Administrative checks
  39. 27On-the-spot checks on annual aid applications
  40. 28Reports of on-the-spot checks
  41. 29First-level checks on withdrawal operations Repealed
  42. 30Second-level checks on withdrawal operations Repealed
  43. 31Green harvesting and non-harvesting Repealed
  44. 32Transnational producer organisations Repealed
  45. 33Transnational associations of producer organisations Repealed
  46. 34Checks
  47. 34AChecks on producer organisations
  48. 34BChecks on associations of producer organisations
  49. 35Obvious errors
  50. Chapter V: EXTENSION OF RULES Repealed
  51. 36Financial contributions Repealed
  52. 37Extensions beyond one year Repealed
  53. Chapter VI: ENTRY PRICE SYSTEM AND IMPORT DUTIES
  54. 38Standard import values
  55. Chapter VII: ADDITIONAL IMPORT DUTIES
  56. 39Levying of additional import duty
  57. 40Amount of additional import duty
  58. 41Exemptions from additional import duty
  59. Chapter VIII: FINAL PROVISIONS
  60. 42Entry into force and application
  61. Signature
  62. Annex I: Structure and content of a ... strategy for sustainable operational programmes as referred to in Article 2
  63. 1Duration of the ... strategy
  64. 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.
  65. 2.1Analysis of the situation
  66. 2.2The strategy chosen to meet strengths and weaknesses
  67. 2.3Impact from the previous ... strategy (where applicable)
  68. 3Objectives of operational programmes and performance indicators as referred to in Article 36(2)(c) of Regulation (EU) No 1308/2013
  69. 3.1Requirements concerning all or several types of actions
  70. 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).
  71. 3.2.1Acquisition of fixed assets
  72. 3.2.2Other actions
  73. 4Designation of competent authorities and responsible bodies
  74. 5A description of the monitoring and evaluation systems
  75. 5.1Assessment 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.
  76. 5.2Monitoring and evaluation of the ... strategy
  77. Annex II: Annual Report Part A
  78. STRUCTURE OF THE ANNUAL REPORT – PART A
  79. 1Division 1
  80. 2Information on producer organisations and associations of producer organisations ...
  81. 3Information related to expenditures
  82. 4Monitoring of operational programmes ...
  83. Explanatory notes
  84. Abbreviations
  85. Country codes
  86. Region codes
  87. Code number (ID) of POs and APOs ...
  88. Monetary values
  89. Contact point for communication
  90. Annual Report – Part A
  91. SECTION 1ADMINISTRATIVE INFORMATION
  92. SECTION 2INFORMATION RELATED TO POs AND APOs ...
  93. Annual Report – Part A
  94. SECTION 3EXPENDITURES INFORMATION
  95. Annual Report – Part A
  96. SECTION 4MONITORING OF OPERATIONAL PROGRAMMES
  97. Annex IIIAnnex III
  98. Annex IVAnnex IV Repealed
  99. Annex VAnnex V Repealed
  100. Annex VIAnnex VI Repealed
  101. Annex VIIProducts and periods for the application of additional import duties as referred to in Article 39