# Commission Delegated Regulation (EU) No 499/2014Show full title

Commission Delegated Regulation (EU) No 499/2014 of 11 March 2014 supplementing Regulations (EU) No 1308/2013 of the European            Parliament and of the Council and Regulation (EU) No 1306/2013 of the European Parliament and of the Council by amending Commission            Implementing Regulation (EU) No 543/2011 relating to the fruit and vegetables and processed fruit and vegetables sectors         

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# Commission Delegated Regulation (EU) No 499/2014                     

# of 11 March 2014

# supplementing Regulations (EU) No 1308/2013 of the European Parliament and of the Council and Regulation (EU) No 1306/2013                        of the European Parliament and of the Council by amending Commission Implementing Regulation (EU) No 543/2011 relating to                        the fruit and vegetables and processed fruit and vegetables sectors                     

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No                           234/79, (EC) No 1037/01 and (EC) No 1234/07(1), and in particular Article 37(c)(iv) and (d)(xiii), Article 173(1)(b) and (c) and (f), Article 181(2) and Article 231(1)                           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 814/00, (EC) No 1290/05 and (EC) No 485/2008(2), and in particular, Article 64(6) thereof,                        

Whereas:

(1)Commission Implementing Regulation (EU) No 543/2011(3) was adopted on the basis of Council Regulation (EC) No 1234/2007(4) which was repealed and replaced by Regulation (EU) No 1308/2013.

(2)Regulation (EU) No 1308/2013 includes some new provisions concerning the fruit and vegetables and processed fruit and vegetable                              sectors. These provisions need to be supplemented as regards the financial contribution of the members of the producer organisation                              in the fruit and vegetables sector (producer organisation), the marketing of entire production through the producer organisation,                              the outsourcing of the activities, the democratic accountability, the fixing of ceilings for the crisis management and prevention                              expenditure, the conditions for replanting of orchard as crisis prevention and management measure, certain elements of the                              procedure in case of non-respect of the recognition criteria and the application of the entry price system as well as conditions                              for lodging the security.

(3)Article 160 of Regulation (EU) No 1308/2013 provides for the statutes of a producer organisation to require that its producer                              members market their entire production concerned through the organisation. In order to allow for flexibility in the fruit                              and vegetables sector, it is appropriate to allow producers, under certain conditions, to market their production outside                              the producer organisation.

(4)According to Article 26 of Implementing Regulation (EU) No 543/2011, the main activity of a producer organisation has to relate                              to the concentration of supply and the placing on the market of the products of its members for which it is recognised. It                              is necessary to clarify how this activity is carried out, in particular in case of outsourcing. Furthermore, in order to allow                              Member States to carry out the necessary controls, producer organisation should keep records which allow the Member State                              to verify that the producer organisation complied with its tasks.

(5)Article 27 of Implementing Regulation (EU) No 543/2011 provides that producer organisations have to remain responsible for                              the activities outsourced. It is appropriate to specify in more detail the means of ensuring that outsourced activities remain                              under control of the producer organisation that has outsourced those activities.

(6)Article 31 of Implementing Regulation (EU) No 543/2011 provides that Member States have to take all measures they consider                              necessary in order to avoid any abuse of power or influence by one or several members of a producer organisation. Producer                              organisations should provide evidence to Member States of their democratic accountability with regard to their producer members.                              To this end, the maximum percentage of voting rights and shares any individual or legal person may hold in a producer organisation                              should be limited.

(7)Article 153(2)(b) of Regulation (EU) No 1308/2013 provides for the statutes of a producer organisation to impose on its members                              a financial contribution needed to finance it. In order to ensure that the producer organisation's members pay the financial                              contributions required for the establishment and replenishment of the operational fund provided for in Article 32 of that                              Regulation, it is necessary to provide for the inclusion of such obligation in the statutes of the producer organisation.

(8)In order to avoid situations where crisis prevention and management measures give rise to uneven funding within an association                              of producer organisations, ceilings for a crisis management and prevention expenditure under the operational programmes of                              associations of producer organisations should be calculated at the level of each member producer organisation. In addition,                              conditions for replanting of orchards as crisis prevention and management measure should also be established. In order to                              avoid the uneven funding of operational programmes, a maximum percentage of expenditure that can be dedicated to replanting                              of orchards should be fixed.

(9)Article 114 of Implementing Regulation (EU) No 543/2011 establishes the sanctions to be applied in case of non-respect of                              the recognition criteria. Pursuant to Article 154(4) of Regulation (EU) No 1308/2013, Member States have to carry out checks                              at regular intervals to ascertain that producer organisations comply with the recognition criteria, impose penalties on such                              organisations in the event of non-compliance or irregularities and decide, where necessary, to withdraw the recognition. A                              system which distinguishes between substantial and minor failures to comply with the recognition criteria would be more efficient                              and avoid divergent interpretations by Member States. It is therefore appropriate to establish a simplified procedure and                              progressive sanctioning as provided for in Article 64 of Regulation (EU) No 1306/2013 to prevent producer organisations which                              cease to meet recognition criteria to unduly benefit from Union support.

(10)Article 181 of Regulation (EU) No 1308/2013 provides for the application of the Customs Code for the clearance of goods subject                              to the entry price system. As the goods in question are perishable and their value at the moment of customs clearance is not                              always established, it is necessary to allow the Commission to adopt rules for the purpose of checking the veracity of the                              declared entry price of a consignment against a flat-rate import value to accelerate the custom clearance procedures. Furthermore,                              experience gained in the application of the entry price system has shown as appropriate to request the lodging of a security                              when the custom value determined in accordance with the transaction value referred to in Article 29 of Council Regulation                              (EEC) No 2913/92(5) exceeds by more than 8 % the standard import value calculated by the Commission.

(11)Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly.

(12)In order to ensure a smooth transition for the operational programmes approved under Regulation (EC) No 1234/2007 into the                              new rules under Regulation (EU) No 1308/2013, transitional provisions should be provided for.

(13)The provisions on crisis prevention and management should apply from 1 January 2014, i.e. the date from which the related                              new provisions of Regulation (EU) No 1308/2013 apply. In order to allow producer organisations to adapt to the new rules on                              the requirements for the outsourcing activities and democratic accountability, the relevant provisions should apply only as                              from 1 January 2015. Article 181 of Regulation (EU) No 1308/2013 applies from 1 October 2014 on and hence the corresponding                              new provisions of this Regulation on checking the veracity of the declared entry price of a consignment and on conditions                              for lodging a security should apply from the same date,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

Implementing Regulation (EU) No 543/2011 is amended as follows:

In Article 26(1), the following second and third subparagraphs are added:

‘The placing on the market shall be carried out by the producer organisation, or under the control of the producer organisation                                 in the case of outsourcing as set out in Article 27. It shall include the decision on the product to be sold, the choice of                                 the distribution channel and unless the sale is done by means of auction, the negotiation on its quantity and price.                           

Producer organisations shall keep records, including accounting documents, for at least 5 years, which demonstrate that the                                 producer organisation concentrated supply and placed on the market members' products for which it is recognized.’                           

The following Article 26*a* is inserted:                           

## ‘Article 26aMarketing of the production outside the producer organisation

Where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the                                 producer organisation, the producer members may:                           

sell no more than a fixed percentage of their production or products directly or outside their holdings to consumers for their                                          personal needs, such percentages being fixed by Member States at not less than 10 %;                                    

market themselves or through another producer organisation designated by their own organisation, quantities of products which                                          are marginal in relation to the volume of marketable production of their organisation;                                    

market themselves or through another producer organisation designated by their own organisation products which, because of                                          their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.’                                    

Article 27 is replaced by the following:

## ‘Article 27Outsourcing

1.The activities that a Member State may permit to be outsourced in accordance with Article 155 of Regulation (EU) No 1308/2013                                    of the European Parliament and of the Council(6) shall relate to the producer organisations' objectives as set out in Article 152(1)(c) of that Regulation and may include,                                    among others, collecting, storing, packaging and marketing the product of the members of the producer organisation.                           

2.A producer organisation outsourcing an activity shall enter into a commercial arrangement by way of a written contract with                                    another entity, including one or several of its members or a subsidiary, for the purpose of carrying out of the activity concerned.                                    The producer organisation shall remain responsible for ensuring the carrying out of the outsourced activity and overall management                                    control and supervision of the commercial arrangement for the carrying out of the activity.                           

3.The overall management control and supervision referred to in paragraph 2 shall be effective and require that the outsourcing                                    contract:                           

(a)enables the producer organisation to issue binding instructions and includes provisions enabling the producer organisation                                    to terminate the contract if the service provider does not meet the terms and conditions of the outsourcing contract,                           

(b)lays down detailed terms and conditions, including reporting obligations and deadlines which enable the producer organisation                                    to evaluate and practise genuine control over the outsourced activities.                           

Outsourcing contracts, as well as the reports referred to in point (b) shall be kept by the producer organisation for at least                                 5 years for the purpose of *ex-post* checks and be accessible to all members on request.’                           

Article 31 is replaced by the following:

## ‘Article 31Democratic accountability of producer organisations

1.Member States shall set a maximum percentage of voting rights and shares which any individual or legal person may hold in                                    a producer organisation. The maximum percentage of voting rights and shares must be below 50 % of the total voting rights                                    and below 50 % of the shares. In duly justified cases, Member States may set a higher maximum percentage of shares that a                                    legal person may hold in a producer organisation provided that abuse of power of such legal person in any case is avoided.                           

By way of derogation from the first subparagraph, in the case of producer organisations implementing an operational programme                                 on 17 May 2014, the maximum percentage of shares fixed by the Member State in application of the first subparagraph shall                                 only apply after the end of the operational programme.                           

2.Member States' authorities shall carry out checks on voting rights and shareholdings, including checks on the identities of                                    the individuals or legal persons holding the shares of the members of the producer organisation which are legal persons themselves.                           

3.Where a producer organisation is a clearly defined part of a legal entity, Member States shall adopt measures to restrict                                    or prohibit the powers of that legal entity to modify, approve or reject decisions of the producer organisation.’                           

In Article 53, the following paragraph 3 is added:

‘3.The statutes of a producer organisation in the fruit and vegetables sector shall require its producer members to pay the financial                                    contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided                                    for in Article 32 of Regulation (EU) No 1308/2013.’                           

In Article 62, the following paragraph 5 is added:

‘5.The ceiling for the crisis management and prevention expenditure, referred to in fourth paragraph of Article 33(3) of Regulation                                    (EU) No 1308/2013, under the operational programmes of associations of producer organisations shall be calculated at the level                                    of each member producer organisation.’                           

The following Article 89*a* is inserted:                           

## ‘Article 89aReplanting of orchards following mandatory grubbing-up

Where Member States include in their national strategy the replanting of orchards, following mandatory grubbing-up for health                                 or phytosanitary reasons as a crisis measure, they shall determine the species and, where necessary, the varieties eligible                                 for and the conditions relating to the application of that measure. In case of grubbing-up for phytosanitary reasons, the                                 measures taken by Member States for the replanting of orchards shall comply with Council Directive 2000/29/EC(7).                           

Replanting of orchards shall not cover more than 20 % of the total expenditure under operational programmes. Member States                                 may decide to set up a lower percentage.’                           

Article 114 is replaced by the following:

## ‘Article 114Non-respect of recognition criteria

1.If a Member State has established that a producer organisation fails to respect one of the recognition criteria linked to                                    the requirements of Articles 21, 23, 26(1) and (2) and Article 31, it shall send to the producer organisation in question                                    no later than 2 months after the failure has been identified, by registered delivery, a warning letter stating the failure                                    identified, the corrective measures and the time periods within which these measures shall be taken, which shall not exceed                                    4 months. As from the moment a failure is established, Member States shall suspend payments of aid until the corrective measures                                    are taken to their satisfaction.                           

2.A failure to respect recognition criteria referred to in paragraph 1 within the time period fixed by the Member State shall                                    lead to the suspension of the recognition of the producer organisation. The Member State shall notify the producer organisation                                    of the period of suspension, which shall not exceed 12 months from the date of the receipt of the warning letter by the producer                                    organisation. This is without prejudice to the application of horizontal national legislation which may provide for the suspension                                    of such an action following the commencement of connected legal proceedings.                           

During the suspension of the recognition, the producer organisation may continue its activity, but aid payments shall be withheld                                 until the suspension of the recognition is lifted. The yearly aid amount shall be reduced by 2 % for each started calendar                                 month during which recognition has been suspended.                           

The suspension shall end on the day of the check which shows that the recognition criteria in question have been fulfilled.                           

3.If the criteria are not fulfilled by the end of the period of suspension set by the competent authority of the Member State,                                    the Member State shall withdraw the recognition with effect from the date from which the conditions for recognition were not                                    fulfilled, or, if it is not possible to identify that date, from the date when the failure was established. This is without                                    prejudice to the application of horizontal national legislation which may provide for the suspension of such an action following                                    the commencement of connected legal proceedings. Outstanding aid shall not be paid and unduly paid aid shall be recovered.                           

4.If a Member State has established that a producer organisation fails to respect any other of the recognition criteria laid                                    down in Article 154 of Regulation (EU) No 1308/2013 other than those mentioned in paragraph 1, it shall send to the producer                                    organisation in question, no later than 2 months after the failure has been established, by registered delivery, a warning                                    letter stating the failure identified, the corrective measures and the time periods within which these measures shall be taken,                                    which shall not exceed 4 months.                           

5.A failure to take the corrective measures referred to in paragraph 4 within the time period fixed by the Member State shall                                    lead to a suspension of payments and a reduction of the yearly aid amount by 1 % for each started calendar month that exceeds                                    that time period. This is without prejudice to the application of horizontal national legislation which may provide for the                                    suspension of such an action following the commencement of connected legal proceedings.                           

6.However, when a producer organisation delivers to the Member State proof that due to natural disasters, adverse climatic events,                                    diseases or pest infestations, despite having undertaken the necessary risk prevention measures it is not able to respect                                    the recognition criteria laid down in Article 154(1)(b) of Regulation (EU) No 1308/2013 in respect of the minimum volume or                                    value of marketable production laid down by Member States, the Member State may, for the year in question, derogate from minimum                                    volume or value of marketable production for this producer organisation.                           

7.In cases where paragraphs 1, 2, 4 and 5 apply, Member States may make payments after the deadline set out in Article 70 where                                    this is necessary for applying this Article. However, these payments may not be made later than 15 October of the second year                                    following the year of implementation of the programme.’                           

Article 137 is replaced by the following:

## ‘Article 137Entry price basis

1.Article 181(1) of Regulation (EU) No 1308/2013 shall apply to the products listed in Annex XVI.                           

2.When the custom value of the products listed in Part A of Annex XVI is determined in accordance with the transaction value                                    referred to in Article 29 of Regulation (EEC) No 2913/92 and that custom value is higher by more than 8 % than the flat-rate                                    calculated by the Commission as a standard import value at the time the declaration of release of the products for free circulation                                    is made, the importer must lodge the security referred to in Article 248(1) of Regulation (EEC) No 2454/93. For this purpose,                                    the amount of import duty for which the products listed in Part A of Annex XVI may finally be liable, shall be the amount                                    of the duty due if the product in question had been classified on the basis of the standard import value concerned.                           

The first subparagraph shall not apply when the standard import value is higher than the entry prices listed in Annex 2 of                                 Section I of Part III of Annex I to Council Regulation (EEC) No 2658/87(8), and where the declarant requests the immediate entry in the accounts of the amount of duties to which the goods may ultimately                                 be liable instead of lodging the security.                           

3.When the custom value of the products listed in Part A of Annex XVI is calculated in accordance with Article 30(2)(c) of Regulation                                    (EEC) No 2913/92, the duty shall be deducted as provided for in Article 136(1) of this Regulation. In that case, the importer                                    shall lodge a security as referred to in Article 248(1) of Regulation (EEC) No 2454/93, equal to the amount of duty which                                    he would have paid if the classification of the products had been made on the basis of the standard import value applicable.                           

4.The custom value of the goods imported on consignment is directly determined in accordance with Article 30(2)(c) of Regulation                                    (EEC) No 2913/92, and for this purpose, the standard import value calculated in accordance with Article 136 applies during                                    the periods in force.                           

5.The importer shall have one month from the sale of the products in question, subject to a limit of four months from the date                                    of acceptance of the declaration of release for free circulation, to prove that the lot was disposed of under the conditions                                    confirming the correctness of the prices referred to in Article 29 of Regulation (EEC) No 2913/92, or to determine the customs                                    value referred to in Article 30(2)(c) of that Regulation. Failure to meet one of these deadlines shall entail the loss of                                    the security lodged, without prejudice to the application of paragraph 6.                           

The security lodged shall be released to the extent that proof of the conditions of disposal is provided to the satisfaction                                 of the customs authorities. Otherwise the security shall be forfeit by way of payment of the import duties.                           

In order to prove that the lot was disposed of under the conditions set out in the first subparagraph, the importer shall                                 make available, in addition to the invoice, all documents needed for the carrying out of the relevant customs controls in                                 relation to the sale and disposal of each product of the lot in question, including documents relating to the transport, insurance,                                 handling and storage of the lot.                           

Where the marketing standards referred to in Article 3 require the product variety or the commercial type of the fruit and                                 vegetables to be indicated on the packaging, the product variety or the commercial type of the fruit and vegetables that form                                 part of the lot shall be indicated on documents related to transport, invoices and the delivery order.                           

6.The time limit of four months referred to in the first subparagraph of paragraph 5 may be extended by the competent authorities                                    of the Member State by a maximum of three months at the request of the importer, which must be duly justified.                           

If on verification the competent authorities of the Member States establish that the requirements of this Article have not                                 been met, they shall recover the duty due in accordance with Article 220 of Regulation (EEC) No 2913/92. The amount of the                                 duty to be recovered or remaining to be recovered shall include interest from the date the goods were released for free circulation                                 up to the date of recovery. The interest rate applied shall be that in force for recovery operations under national law.’                           

## Article 2U.K.Transitional rules

Where a Member State approved an operational programme pursuant to the third subparagraph of Article 64(2) of Implementing                     Regulation (EU) No 543/2011 before 20 January 2014, that operational programme shall be deemed approved under Regulation (EC)                     No 1234/2007.                  

Without prejudice to Articles 65 and 66 of Implementing Regulation (EU) No 543/2011, at the request of a producer organisation,                     an operational programme approved under Regulation (EC) No 1234/2007 may:                  

continue to run until its end;

be modified to meet the requirements of Regulation (EU) No 1308/2013; or

be replaced by a new operational programme approved under Regulation (EU) No 1308/2013.

## Article 3U.K.Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

Article 1(6) and (7) and Article 2 shall apply from 1 January 2014.

Article 1(9) shall apply from 1 October 2014.

Article 1(3) and (4) shall apply from 1 January 2015.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 11 March 2014.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

1

OJ L 347, 20.12.2013, p. 671.                           

2

OJ L 347, 20.12.2013, p. 549.                           

3

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).                           

4

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).                           

5

Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1).                           

6

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 1037/01                              and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).’                           

7

Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms                              harmful to plants or plant products and against their spread within the Community (OJ L 169, 10.7.2000, p. 1).’                           

8

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff                              (OJ L 256, 7.9.1987, p. 1).’