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
Modified by
- Commission Delegated Regulation (EU) 2018/1145of 7 June 2018amending Delegated Regulation (EU) 2017/891 as regards producer organisations in the fruit and vegetables sector, 32018R1145, August 17, 2018
- Commission Delegated Regulation (EU) 2020/743of 30 March 2020amending Delegated Regulation (EU) 2017/891 as regards the calculation of the value of marketed production of producer organisations in the fruit and vegetables sector, 32020R0743, June 5, 2020
- Commission Delegated Regulation (EU) 2021/652of 10 February 2021amending Delegated Regulation (EU) 2017/891 as regards the activities and operational programmes of producer organisations in the fruit and vegetables sector, 32021R0652, April 21, 2021
- Commission Delegated Regulation (EU) 2021/2245of 12 October 2021amending Delegated Regulation (EU) 2017/891 as regards the calculation of the value of marketed production of producer organisations in the fruit and vegetable sector, 32021R2245, December 17, 2021
- Commission Delegated Regulation (EU) 2022/2092of 25 August 2022amending Delegated Regulation (EU) 2016/232 and Delegated Regulation (EU) 2017/891 with regard to notifications by Member States of recognised producer organisations, associations of producer organisations and interbranch organisations, 32022R2092, October 31, 2022
- Commission Delegated Regulation (EU) 2022/2513of 26 September 2022amending Delegated Regulation (EU) 2017/891 as regards the maximum amount of support for market withdrawals for free distribution of fruits and vegetables, 32022R2513, December 21, 2022
- Commission Delegated Regulation (EU) 2022/2528of 17 October 2022amending Delegated Regulation (EU) 2017/891 and repealing Delegated Regulations (EU) No 611/2014, (EU) 2015/1366 and (EU) 2016/1149 applicable to aid schemes in certain agricultural sectors, 32022R2528, December 22, 2022
(a) "producer" means a farmer within the meaning of Article 4(1)(a) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608 ).(b) "producer member" means a producer or legal entity constituted by producers that is a member of a producer organisation or association of producer organisations; (c) "subsidiary" means a company in which one or more producer organisations or associations of producer organisations have taken shares or constituted capital and which contributes to the objectives of those organisations or associations; (d) "transnational producer organisation" means any organisation in which at least one of the producers' holdings is located in a Member State other than where the organisation has its head office; (e) "transnational association of producer organisations" means any association of producer organisations in which at least one of the associated organisations or associations is located in a Member State other than where the association has its head office. (f) "measure" means one of the following: (i) actions aimed at the planning of production, including investments in physical assets; (ii) actions aimed at improving or maintaining product quality, whether in a fresh or processed form, including investments in physical assets; (iii) actions aimed at boosting the commercial value of products and improving marketing, including investments in physical assets, as well as promotion of the products, whether in a fresh or processed form, and communication activities other than promotion and communication activities falling under point (vi); (iv) research and experimental production actions, including investments in physical assets; (v) training and exchange of best practices actions, other than training falling under point (vi), and actions aimed at promoting access to advisory services and technical assistance; (vi) any of the crisis prevention and management actions listed in the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013; (vii) environmental actions as referred to in Article 33(5) of Regulation (EU) No 1308/2013, including investments in physical assets; (viii) other actions, including investments in physical assets, other than those falling under points (i) to (vii) which fulfil one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013;
(g) "action" means a specific activity or instrument aimed at contributing to one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013; (h) "investment in physical assets" means the acquisition of tangible assets aimed at contributing to one or more of the objectives referred to or set out in Article 33(1) of Regulation (EU) No 1308/2013; (i) "by-product" means a product which results from preparation of a fruit or vegetable product which has a positive economic value but is not the main intended product; (j) "preparation" means preparatory activities such as cleaning, cutting, peeling, trimming and drying of fruit and vegetables, without transforming them into processed fruit and vegetables; (k) "interbranch basis" as referred to in Article 34(3)(b) of Regulation (EU) No 1308/2013 means activities pursuing one or more of the objectives listed in Article 157(1)(c) of that Regulation approved by the Member State and managed jointly by a producer organisation or an association of producer organisations and at least one other actor in the food processing or distribution chain; (l) "baseline indicator" means any indicator reflecting a state or trend existing at the start of a programming period which may provide information useful: (i) in the analysis of the initial situation, in order to establish a national strategy for sustainable operational programmes or an operational programme; (ii) as a reference against which the results and impact of a national strategy or an operational programme may be assessed; or (iii) in interpreting the results and impact of a national strategy or an operational programme;
(m) "specific costs" means the additional costs, calculated as the difference between the conventional costs and the costs actually incurred, and income foregone resulting from an action, excluding additional income and costs savings.
(a) the knowledge of their members' production; (b) the technical means for collecting, sorting, storing and packaging the production of their members; (c) marketing the production of their members; (d) commercial and budgetary management; and (e) centralised cost-based accounting and a system of invoicing according to national law.
(a) sell products directly or outside their holdings to consumers for their personal needs; (b) market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned; (c) market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.
(a) enables the producer organisation to issue binding instructions and includes provisions enabling the producer organisation to terminate the contract, agreement or protocol if the service provider does not meet the terms and conditions of the outsourcing contract; (b) lays down detailed terms and conditions, including regular reporting obligations and deadlines which enable the producer organisation to exercise effective control over the outsourced activities.
(a) recognising the transnational producer organisation; (b) approving the transnational producer organisation's operational programme; (c) establishing the necessary administrative cooperation with the other Member States in which the members are located with respect to compliance with the terms of recognition and the system of checks and administrative penalties. Those other Member States shall give all necessary assistance to the Member State in which the head office is located in due time; and (d) providing, on the request of a Member State in which the members are located, all relevant documentation, including any applicable legislation available, translated into the official language or one of the official languages of that Member State.
(a) be taken into account for the recognition criteria; (b) benefit directly from the measures financed by the Union.
(a) be taken into account for the recognition criteria; (b) benefit directly from the measures financed by the Union.
(a) recognising the association; (b) approving, where applicable, the transnational association's operational programme; (c) establishing the necessary administrative cooperation with the other Member States in which the associated organisations are located with respect to compliance with the terms of recognition, the implementation of the operational programme by the member producer organisations and the system of checks and administrative penalties. Those other Member States shall give all necessary assistance to the Member State in which the head office is located; and (d) providing, on the request of a Member State in which the members are located, all relevant documentation, including any applicable legislation available, translated into the official language or one of the official languages of that Member State.
(a) 53 % for fruit juices; (b) 73 % for concentrated juices; (c) 77 % for tomato concentrate; (d) 62 % for frozen fruit and vegetables; (e) 48 % for canned fruit and vegetables; (f) 70 % for canned mushrooms of Agaricus bisporus and other cultivated mushrooms preserved in brine;(g) 81 % for fruits provisionally preserved in brine; (h) 81 % for dried fruits; (i) 27 % for processed fruit and vegetables other than those referred to in points (a) to (h); (j) 12 % for processed aromatic herbs; (k) 41 % for paprika powder.
(a) VAT; (b) costs of transport internal to the producer organisation, for the distance between the centralised collection or packing points of the producer organisation and the point of distribution of the producer organisation which exceeds 300 km.
(a) by one or more producer organisations or associations of producer organisations; or (b) subject to Member State approval, by producer members of the producer organisations or associations of producer organisations, if doing so contributes to the objectives listed in Article 152(1)(c) of Regulation (EU) No 1308/2013.
(a) ensure that a body, that is functionally independent from the authorities responsible for the programme implementation and possesses the appropriate expertise, performs the calculations or confirms the adequacy and accuracy of the calculations; (b) keep all the documentary evidence concerning the establishment of standard flat rates or scales of unit costs and their review.
(a) without prejudice to paragraph 4, the physical assets acquired shall be used in accordance with their intended use, as described in the approved operational programme concerned; (b) without prejudice to the third and fourth subparagraphs of paragraph 6, the physical assets acquired shall remain both in the property and possession of the beneficiary until either the end of the fiscal depreciation period of the physical asset or for 10 years, whichever period is shorter. The beneficiary shall also ensure the maintenance of the physical asset during that period. However, where the investment is made on ground rented under particular national property rules, the requirement of being in the property of the beneficiary may not apply provided that the investments have been in the possession of the beneficiary at least for the period required in the first sentence of this point; (c) where the producer organisation is the owner and the member of the producer organisation is the holder of the physical asset to which the investment relates, the producer organisation shall have access rights to that asset for the duration of the fiscal depreciation period.
(a) added to the operational fund of the producer organisation; or (b) subtracted from the cost of the replacement.
(a) approve amounts of operational funds and operational programmes which meet the requirements of Regulation (EU) No 1308/2013 and those of this Chapter; (b) approve the operational programmes, on condition that certain amendments are accepted by the producer organisation; or (c) reject the operational programmes or parts thereof.
(a) implement their operational programmes in part only; (b) change the content of the operational programmes; (c) increase the amount of the operational fund by a maximum of 25 %, and decrease it by a percentage to be fixed by Member States, of the amount initially approved, provided that the overall objectives of the operational programme are maintained; (d) add national financial assistance to the operational fund in case of application of Article 53.
(a) the producer organisation or association of producer organisations complied with the recognition criteria and the objectives of the actions laid down in the operational programme have been fulfilled at the moment of cessation; and (b) the investments financed with support from the operational fund are maintained in the possession of and used by the producer organisation, association of producer organisations or its subsidiaries complying with the 90 % requirement referred to in Article 22(8) or its members at least until the end of their depreciation period as referred to in Article 31(5). Otherwise, the Union financial assistance paid to finance those investments shall be recovered and reimbursed to the EAGF.
(a) where the organisation was a producer group, the equivalent data for that producer group, where applicable; or (b) the volume applicable to the application for recognition.
(a) it shall not exceed 10 % of the average volume of marketed production by that producer organisation during the three previous years; and (b) in total, the sum of the percentages over three consecutive years shall not exceed 15 when adding the share calculated in accordance with point (a) for the current year and the shares of the market withdrawals of the two previous years calculated on the basis of the respective volume of marketed production by that producer organisation during those two previous years. If the information on the volume of marketed production of any or all of the previous years is not available, the volume of marketed production for which the producer organisation was recognised shall be used. However, amounts of withdrawals which are disposed of in one of the ways referred to in Article 34(4) of Regulation (EU) No 1308/2013 or any other way approved by Member States under Article 46(2) of this Regulation shall not be taken into account in that proportion.
(a) comply with the rules laid down in and pursuant to Regulation (EU) No 1308/2013; (b) keep separate stock records for the operations in question; (c) accept the checks provided for by Union law; and (d) provide the supporting documents on the final destination of each of the products concerned, in the form of a take-over certificate or equivalent document certifying that the withdrawn products have been taken over by a third party with a view to their free distribution.
(a) comply with the rules laid down in and pursuant to Regulation (EU) No 1308/2013; (b) keep separate stock records and financial accounts for the operations in question if the Member State considers it as necessary despite the fact that the product has been denatured before delivery; (c) accept the checks provided for by Union law; and (d) not request additional aid for the alcohol produced from the products concerned in the case of withdrawn products intended for distillation.
(a) detailed provisions on the implementation of the green harvesting and non-harvesting measures, including on prior notifications of green harvesting and non-harvesting, their content and deadlines, on the amount of compensation to be paid and on the application of the measures, as well as the list of products eligible under the measures; (b) provisions to ensure that no negative impact on the environment nor any negative phytosanitary consequences results from the implementation of the measures.
(a) exchange of best practices related to crisis prevention and management measures referred to in Article 33(3) of Regulation (EU) No 1308/2013, helping recognised producer organisations, producer groups or individual producers to benefit from experience with implementation of crisis prevention and management measures; (b) promoting the setting-up of new producer organisations, merging existing ones or enabling individual producers to join an existing producer organisation; (c) creating networking opportunities for coaching providers and recipients, to strengthen in particular marketing channels as a means of crisis prevention and management.
(a) recognised producer organisations and associations of producer organisations; and (b) producer groups recognised in accordance with Article 125e of Regulation (EC) No 1234/2007 or producer organisations and producer groups recognised in accordance with Article 27 of Regulation (EU) No 1305/2013.
(a) by 31 January each year, the total amount of the operational funds approved that year for all operational programmes. This notification shall show the total amount of the operational funds and the total amount of Union financial assistance granted included in those funds. Those figures shall be further broken down between amounts for crisis prevention and management measures and other measures; (b) by 15 November each year, an annual report on producer organisations and associations of producer organisations, as well as on producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007, and operational funds, operational programmes and recognition plans in operation during the previous year. This annual report shall contain the information set out in Annex V to this Regulation; (c) by 31 January each year, the amounts corresponding to each forthcoming annual period of implementation of the recognition plans of producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007, including the current implementing year. Approved or estimated amounts shall be provided. This notification shall include the following information for each producer group and each annual forthcoming period of implementation of the plan: (i) the total amount for the annual period of implementation of the recognition plan, the Union financial assistance and the contributions from the Member States, the producer groups and the members of the producer groups; (ii) a breakdown between the aid granted pursuant to Article 103a(1)(a) and (b) of Regulation (EC) No 1234/2007, respectively.
(a) verify the quality of programme implementation; (b) identify any need for adjustments or review of the operational programme; (c) provide information for reporting requirements.
(a) the prevention of soil erosion; (b) a reduction in the use or better management of plant protection products; (c) the protection of habitats and biodiversity; and (d) landscape conservation.
(a) improve the quality of the operational programme; (b) identify any need for substantive change of the operational programme; and (c) draw lessons useful in improving future operational programmes.
(a) verify the quality of the implementation of the operational programmes; (b) identify any need for adjustments or review of the national strategy aimed at achieving the goals set for the strategy or at improving the management of the strategy implementation, including the financial management of the operational programmes.
(a) improve the quality of the strategy; (b) identify any need for substantive change of the strategy.
(a) withdraw the recognition of that organisation or association; (b) exclude the actions concerned from support under the operational programme concerned and recover any aid already paid with respect to those actions; and (c) exclude that organisation or association from recognition during the following year.
(a) would be payable to the beneficiary based solely on the application; (b) is payable to the beneficiary after an examination of the eligibility of the application.
(a) where those quantities are less than 10 % of the quantities actually withdrawn pursuant to Article 44 of this Regulation, the penalty shall be equal to the Union financial assistance, calculated on the basis of the quantities of the non-complying withdrawn products; (b) where those quantities are between 10 % and 25 % of the quantities actually withdrawn, the penalty shall be double the amount of the Union financial assistance, calculated on the basis of the quantities of the non-complying withdrawn products; or (c) where those quantities exceed 25 % of the quantity actually withdrawn, the penalty shall be equal to the amount of the Union financial assistance for the entire quantity notified pursuant to Article 44 of this Regulation.
(a) shall be excluded from the right to receive products withdrawn from the market; and (b) shall be required to pay the value of the products they received plus the related sorting, packaging and transport costs in accordance with the rules laid down by the Member States.
(a) the area notified for green harvesting is not eligible for green harvesting; (b) the area is not totally harvested or the production not denatured; (c) there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
(a) the area notified for non-harvesting is not eligible for non-harvesting; (b) a harvest or partial harvest has nevertheless taken place; (c) there has been a negative impact on the environment or a negative phytosanitary consequence for which the producer organisation is responsible.
(a) on the basis of the period elapsing between receipt of undue payment and its reimbursement by the beneficiary; (b) at the rate applied by the European Central Bank to its main refinancing operations published in the "C" series of the Official Journal of the European Union and in force on the date on which the undue payment is made, plus three percentage points.
(a) have been in force for at least one year; (b) are made binding for no more than three years.
(a) producers whose production is intended essentially for direct sale to consumers on the holding or in the production area; (b) direct sales as referred to in point (a); (c) produce delivered for processing under a contract signed before the beginning of the harvest, unless the extended rules expressly cover such products; (d) producers or production of organic products covered by Regulation (EC) No 834/2007.
(a) the economic area in which those rules will apply; (b) the producer organisation, association of producer organisations or interbranch organisation which requested the extension of the rules and the data showing the compliance with Article 164(3) of Regulation (EU) No 1308/2013; (c) where the extension of rules is requested by a producer organisation or association of producer organisations, the number of producers who belong to that organisation or association and the total number of producers in the economic area concerned; such information shall be given in respect of the situation at the time when the request for extension is made; (d) where the extension of rules is requested by a producer organisation or association of producer organisations, the total production of the economic area and the production marketed by that organisation or association during the last year for which figures are available; (e) the date from which the rules to be extended have applied to the producer organisation, association of producer organisations or interbranch organisation concerned; and (f) the date from which the extension is to take effect and its duration.
(a) the decision of the Member State excludes competition in a substantial part of the internal market or jeopardises the free trade, or that the objectives of the Article 39 of the Treaty are endangered; (b) Article 101(1) of the Treaty applies to the rules extended to other producers; (c) the provisions of this Chapter have not been complied with.
(a) "lot" means the goods presented under a declaration of release for free circulation, covering only goods of the same origin falling within one single CN code; and (b) "importer" means the declarant within the meaning of Article 5(15) of Regulation (EU) No 952/2013 of the European Parliament and of the Council Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1 ).
(a) the average representative prices of the products imported from third countries sold on Member States' import markets; and (b) the total quantities relating to the prices referred to in point (a).
(a) for each of the products listed in Part A of Annex VII; (b) for all of the available varieties and sizes; and (c) at the importer/wholesaler stage or the wholesaler/retailer stage where no prices at the importer/wholesaler stage are available.
(a) a marketing margin of 15 % for the marketing centres of London, Milan and Rungis and of 8 % for other marketing centres; and (b) costs of transport and insurance within the customs territory of the Union.
(a) an amount equal to 9 % to take in respect of the wholesaler's trade margin, and (b) an amount equal to EUR 0,7245 per 100 kilograms in respect of the costs of handling and market taxes and charges.
(a) prices of Class I products where the quantities in that class account for at least 50 % of the total quantities marketed; (b) prices of Class I and Class II products where the quantities in those classes account for at least 50 % of the total quantities marketed; (c) prices of Class II products, where Class I products are not available, unless it is decided to apply an adjustment coefficient to them if, as a result of their quality characteristics, those products are not normally marketed in Class I.
(a) producer groups, producer organisations, associations of producer organisations, and interbranch organisations, as provided for in Article 54; (b) producer prices of fruit and vegetables on the internal market, as provided for in Article 55; (c) prices and quantities of the products imported from third countries and sold on the representative import markets referred to in Article 74; (d) import volumes put into free circulation, as provided for in Article 39 of Implementing Regulation (EU) 2017/892.
(1) Article 2 is deleted; (2) Articles 19 to 35 are deleted; (3) Articles 50 to 148 are deleted; (4) Annexes VI to XVIII are deleted.
(a) continue to operate until its end under the conditions applicable under Implementing Regulation (EU) No 543/2011; (b) be modified to meet the requirements of Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2017/892; or (c) be replaced by a new operational programme approved under Regulation (EU) No 1308/2013, this Regulation and Implementing Regulation (EU) 2017/892.
| Category | CN code | Description |
|---|---|---|
| Fruit juices | ||
| Tomato concentrate | Tomato concentrate with a dry weight content of not less than 28 % in immediate packings of a net content of not less than 200 kg. | |
| Frozen fruit and vegetables | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading | |
| Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading | ||
| Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading | ||
| Canned fruit and vegetables |
| |
| Tomatoes prepared or preserved otherwise than by vinegar or acetic acid excluding tomato concentrate of subheadings | ||
| Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading | ||
| ||
| Canned mushrooms | Mushrooms of the genus | |
| Fruits provisionally preserved in brine | Fruit and nuts, provisionally preserved in brine, but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading | |
| Dried fruits | ||
| Other processed fruit and vegetable | Processed fruit and vegetables listed in Part X of Annex I of Regulation (EU) No 1308/2013, different from the products listed in the categories above. | |
| Processed aromatic herbs | ||
| Paprika powder | Pepper of the genus |
1. General production costs and, in particular, costs for (even certified) mycelium, seeds and non-perennial plants; plant protection products (including integrated control materials); fertilisers and other inputs; costs of collection or transport (internal or external); storage costs; packaging costs (including use and management of packaging), even as part of new processes; operating costs (in particular electricity, fuel and maintenance). 2. Administrative and personnel costs with the exception of expenditure relating to the implementation of operational funds and operational programmes. 3. Income or price supplements outside crisis prevention and management. 4. Insurance costs outside the harvest insurance measures referred to in Section 7 of Chapter III of Title II. 5. Reimbursement of loans taken out for an operation carried out before the beginning of the operational programme other than those referred to in Article 38. 6. Purchase of land not built on costing more than 10 % of all the eligible expenditure on the operation concerned. 7. Costs of meetings and training programmes not related to the operational programme. 8. Operations or costs relating to the quantities produced by the members of the producer organisation outside the Union. 9. Operations that could distort competition in the other economic activities of the producer organisation. 10. Investments in means of transport to be used for marketing or distribution by the producer organisation. 11. Operating costs of goods hired. 12. Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs. 13. Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this list. 14. Value added tax (VAT) except where it is non-recoverable under national VAT legislation. 15. Any national or regional taxes or fiscal levies. 16. Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance. 17. Investments in shares or capital of companies if the investment represents a financial investment. 18. Costs incurred by parties other than the producer organisation or its members and associations of producer organisations or their producer members or subsidiaries in the situation referred to in Article 22(8). 19. Investments or similar types of actions not on the holdings and/or premises of the producer organisation, association of producer organisation, or their producer members or a subsidiary or an entity within a chain of subsidiaries in the situation referred to in Article 22(8). 20. Measures outsourced by the producer organisation or their associations outside the Union, except where a promotion is implemented outside the Union according to Article 14 of Implementing Regulation (EU) 2017/892. 21. Export credit linked to actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period.
1. Specific costs for: quality improvement measures; biological plant protection materials (such as pheromones and predators) whether used in organic, integrated or conventional production; environmental actions referred to in Article 33(5) of Regulation (EU) No 1308/2013; organic, integrated or experimental production, including specific costs for organic seeds and seedlings; monitoring of compliance with the standards referred to in Title II of Implementing Regulation (EU) No 543/2011, with plant-health rules and with maximum level of residues.
Specific costs shall mean the additional costs, calculated as the difference between the conventional costs and the costs actually incurred, and income foregone resulting from an action excluding additional income and costs savings. For each category of eligible costs referred to in the first paragraph, in order to calculate additional costs compared with conventional ones, Member States may fix standard flat rates, scales of unit costs or lump sums. 2. Administrative and personnel costs relating to the implementation of operational funds and operational programmes which shall include: (a) overheads specifically related to the operational fund or operational programme, including management and personnel costs, reports and evaluation studies, and the costs of keeping accounts and the management of accounts, by means of the payment of a standard flat rate up to a maximum of 2 % of the operational fund as approved in accordance with Article 33 and up to a maximum of EUR 180000 , comprising both the Union financial assistance and the producer organisation contribution.In the case of operational programmes submitted by recognised associations of producer organisations, overheads shall be calculated as the addition of the overheads of each producer organisation as provided for in the first paragraph but limited to a maximum of EUR 1250000 per association of producer organisations.Member States may restrict funding to the real costs, in which case they should define the eligible costs; (b) personnel costs including legally compulsory charges linked to wages and salaries, if these are directly borne by the producer organisation, association of producer organisation or subsidiaries in the situation referred to in Article 22(8) subject to Member States' approval, by cooperatives which are a member of the producer organisation, resulting from measures: (i) to improve or maintain a high level of quality or environmental protection; (ii) to improve the level of marketing.
The implementation of these measures shall essentially involve the use of qualified personnel. If, in such cases, the producer organisation uses its own employees or producer members, the time worked shall be documented. If a Member State wishes to provide an alternative to restricting funding to the real costs, for all the eligible personnel costs referred to in this point, it shall fix, ex ante and in a duly justified way, standard flat rates or scales of unit costs up to a maximum of 20 % of the approved operational fund. This percentage may be increased in duly justified cases.When requesting those standard flat rates, producer organisations shall furnish proof of the implementation of the action to the satisfaction of the Member State; (c) legal and administrative costs of mergers of producer organisations, as well as legal and administrative costs related to creating transnational producer organisations or transnational associations of producer organisations; feasibility studies and proposals commissioned by producer organisations in this respect.
3. Costs of meetings and training programmes where they are related to the operational programme, including daily allowances, transport and accommodation costs. 4. Promotion of: brands/trademarks of producer organisation, associations of producer organisations and subsidiaries in the situation referred to in Article 22(8), generic promotion and promotion of quality labels, costs for promotional printing on packaging or on labels under any of the first and second indents on the condition that it is provided for in the operational programme.
Geographical names are allowed only if: (a) they are a protected designation of origin or a protected geographical indication, covered by Regulation (EU) No 1151/2012 of the European Parliament and of the Council Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1 ).(b) in all cases where point (a) does not apply, these geographical names are secondary to the principal message.
Promotional material for generic promotion and promotion of quality labels shall bear the emblem of the European Union (in the case of visual media only) and include the following statement: "Campaign financed with the aid of the European Union". Producer organisations, associations of producer organisations and subsidiaries in the situation referred to in Article 22(8) of this Regulation shall not use the emblem of the European Union in promotion of their brands/trademarks. 5. Costs for transport, sorting and packing related to free distribution as referred to in Articles 16 and 17 of Implementing Regulation (EU) 2017/892. 6. Purchase of land not built on where purchase is necessary to carry out an investment included in the operational programme provided it costs less than 10 % of all the eligible expenditure on the operation concerned; in exceptional and duly justified cases, a higher percentage can be fixed for operations concerning environmental conservation. 7. Purchase of equipment, including second hand equipment provided it has not been purchased with Union or national support in a period of seven years preceding the purchase. 8. Investments in means of transport where the producer organisation duly justifies to the Member State concerned that the means of transport shall only be used for transport internal to the producer organisation; and investments in additional on-the-truck facilities for cold-storage or controlled atmosphere transport. 9. Leasing, including of second hand equipment which has not received Union or national support in a period of seven years preceding the leasing, within the limits of the net market value of the item. 10. Hire of equipment or other items where economically justified as an alternative to purchase, at the approval of the Member State. 11. Investments in shares or capital of companies contributing directly to the achievement of the goals of the operational programme. 12. Costs related to coaching as part of the crisis prevention and management measures of the operational programme. Eligible costs under this measure shall be: (a) costs of organising and delivering coaching; and (b) costs of travel, accommodation and per diem expenses of coaching provider.
13. Costs related to the negotiation and to implementation and management of third country phytosanitary protocols in the territory of the Union if borne by the producer organisation or association of producer organisations as a part of crisis prevention and management measures referred to in Article 33(3)(a) and (c) of Regulation (EU) No 1308/2013, except for reimbursement of third country expenses. 14. Costs related to promotion and communication measures referred to in Article 14 of Implementing Regulation (EU) 2017/892. Eligible costs under these measures shall be costs related to the organisation and participation in promotion and information events, including public relations work, promotion and information campaigns and may take the form of participation in events, fairs and exhibitions of national, European and international importance. Costs related to technical advisory services are eligible if they are necessary for the organisation or participation of these events or for promotion and information campaigns.
| Product | Maximum support (EUR/100 kg) | |
|---|---|---|
| Free distribution | Other destinations | |
| Cauliflowers | 21,05 | 15,79 |
| Tomatoes (1 June – 31 October) | 7,25 | 7,25 |
| Tomatoes (1 November – 31 May) | 33,96 | 25,48 |
| Apples | 24,16 | 18,11 |
| Grapes | 53,52 | 40,14 |
| Apricots | 64,18 | 48,14 |
| Nectarines | 37,82 | 28,37 |
| Peaches | 37,32 | 27,99 |
| Pears | 33,96 | 25,47 |
| Aubergines | 31,2 | 23,41 |
| Melons | 48,1 | 36,07 |
| Watermelons | 9,76 | 7,31 |
| Oranges | 21,00 | 21,00 |
| Mandarins | 25,82 | 19,50 |
| Clementines | 32,38 | 24,28 |
| Satsumas | 25,56 | 19,50 |
| Lemons | 29,98 | 22,48 |
(a) changes to national legislation adopted in order to implement Section 3 of Chapter II of Title I and Sections 1, 2 and 3 of Chapter III of Title II of Regulation (EU) No 1308/2013; (b) changes relating to the national strategy for sustainable operational programmes applicable to operational programmes.
(a) total number of recognised/suspended producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups. In addition: (i) for associations of producer organisations: number of producer organisations members; (ii) for transnational associations of producer organisations: number of producer organisations members and the Member States where these members have their head office;
(b) total number of producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups for which recognition was withdrawn. In addition for transnational associations of producer organisations: number of organisations members and the Member States where these members have their head office; (c) total number of mergers between organisations (broken down between total, number of new organisation(s) and new ID number(s)); (d) number of members (total and broken down between legal entities, natural persons and fruit and vegetables producers); (e) total number of organisations/groups with an operational programme/recognition plan (broken down between recognised, suspended and subject to a merger); (f) part of the production of products intended for the fresh market (with the indication of their value and volume); (g) part of the production of products intended for processing (with the indication of their value and volume); (h) area under fruit and vegetable production.
(a) expenditures related to producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between operational fund, final operational fund and national financial assistance); (b) total actual expenditures of operational programmes for producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives); (c) total actual expenditures for producer groups; (d) withdrawals broken down between categories of products (volume, total expenditure, amount of EU financial assistance and destinations (free distribution, composting, processing industry and others)).
(a) indicators as regards producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives); (b) indicators as regards producer groups.
(a) checks carried out by the Member State: details of bodies visited and dates of visiting; (b) checking rates; (c) results of checks; (d) administrative penalties applied.
| Product | Type/variety | Presentation/size | Representative Markets |
|---|---|---|---|
| Tomatoes | Round | Size 47-102 mm, in bulk, in packages of 5 or 6 kg | |
| Truss | All kinds of trusses but only if the average size of the individual tomatoes is 47 mm or above 47 mm, in packages of 5 or 6 kg | ||
| Special/Cherry | Loose or truss tomatoes, special tomatoes, if only the average size of the individual tomatoes is below 47 mm (40 mm in case of cherry tomatoes), in packages of around 250-500 g | ||
| Apricots | All types and varieties | ||
| Nectarines | White flesh | ||
| Yellow flesh | |||
| Peaches | White flesh | ||
| Yellow flesh | |||
| Table grapes | All types and varieties with seeds | ||
| All type and varieties seedless | |||
| Pears | Blanquilla | Size 55/60, packages of around 5-10 kg | |
| Conference | Size 60/65+, packages of around 5-10 kg | ||
| Williams | Size 65+/75+, packages of around 5-10 kg | ||
| Rocha | |||
| Abbé Fétel | Size 70/75, packages of around 5-10 kg | ||
| Kaiser | |||
| Doyenné du Comice | Size 75/90, packages of around 5-10 kg | ||
| Apples | Braeburn | Size 65/80, packages of around 5-20 kg | |
| Shampion | |||
| Satsumas | All varieties | Sizes 1-X -3, packages of around 10-20 kg | Spain |
| Lemons | All varieties | Sizes 3-4, packages of around 10-20 kg | |
| Clementines | All varieties | Sizes 1-X -3, packages of around 10-20 kg | |
| Mandarins | All varieties | Sizes 1 – 2, packages of around 10-20 kg | |
| Oranges | Size 3-6, packages of around 10-20 kg | ||
| Tarocco | |||
| Navel | |||
| Cauliflowers | All types and varieties | Size 16-20 cm | |
| Eggplants (aubergines) | All types and varieties | Size 40+/70+ | |
| Water melons | All types and varieties | usual standards in the representative market | |
| Melons | All types and varieties | usual standards in the representative market |
| CN code | Description | Period of application |
|---|---|---|
| Tomatoes | From 1 January to 31 December | |
| Cucumbers (1) | From 1 January to 31 December | |
| Artichokes | From 1 November to 30 June | |
| Courgettes | From 1 January to 31 December | |
| Sweet oranges, fresh | From 1 December to 31 May | |
| Clementines | From 1 November to end of February | |
| Mandarins (including tangerines and satsumas); wilking and similar citrus hybrids | From 1 November to end of February | |
| Lemons ( | From 1 June to 31 May | |
| Table grapes | From 21 July to 20 November | |
| Apples | From 1 July to 30 June | |
| Pears | From 1 July to 30 April | |
| Apricots | From 1 June to 31 July | |
| Cherries, other than sour cherries | From 21 May to 10 August | |
| Peaches, including nectarines | From 11 June to 30 September | |
| Plums | From 11 June to 30 September |
| CN code | Description | Period of application |
|---|---|---|
| Cucumbers intended for processing | From 1 May to 31 October | |
| Sour cherries ( | From 21 May to 10 August |