COMMISSION REGULATION (EU) No 687/2010
of 30 July 2010
amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 103h and 127 in conjunction with Article 4 thereof,
Whereas:
(1)
Article 103d(2) of Regulation (EC) No 1234/2007 provides for the grant of financial assistance to be capped at either 4,1 % or 4,6 % of the value of the marketed production of each producer organisation.
(2)
Article 52 of Commission Regulation (EC) No 1580/2007 (2) lays down detailed rules on the calculation of the value of marketed production for a producer organisation. Pursuant to point (a) of paragraph 6 of that Article, a producer organisation is to invoice the marketed production of fruit and vegetables at the ‘ex-producer organisation’ stage, where applicable, as product which is packaged, prepared, or has undergone first-stage processing.
(3)
Point (i) of Article 21(1) of Regulation (EC) No 1580/2007 contains a definition of ‘first-stage processing’. However, that definition has given rise to difficulties of interpretation. Since legal certainty requires clear rules on the calculation of the value of marketed production, that definition should be deleted and the definition of ‘by product’ should be adapted accordingly.
(4)
The calculation of the value of fruit and vegetables intended for processing has proven difficult. For control purposes and for the sake of simplification, it is appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing the value of the basic product, namely fruit and vegetables intended for processing, and activities which do not amount to genuine processing activities. Since the volumes of fruit and vegetables needed for the production of processed fruit and vegetables differ largely between groups of products, those differences should be reflected in the applicable flat rates.
(5)
In the case of fruit and vegetables intended for processing that are transformed into processed aromatic herbs and paprika powder, it is also appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing only the value of the basic product.
(6)
In order to ensure the smooth transition to the new system for the calculation of the value of the marketed production for fruit and vegetables intended for processing, operational programmes approved by 20 January 2010 should not be affected by the new calculation method, without prejudice to the possibility to amend those operational programmes in accordance with Articles 66 and 67 of Regulation (EC) No 1580/2007. For the same reason, the value of the marketed production for the reference period of operational programmes approved after that date should be calculated under the new rules.
(7)
In order to allow for more flexibility in the use of market withdrawals, it is appropriated to increase the annual margin of overrun set out in Article 80(2) of Regulation (EC) No 1580/2007.
(8)
In order to facilitate free distribution, it is appropriate to provide for the possibility to allow charitable organisations and institutions to ask a symbolic contribution from the final recipients of products subjected to market withdrawals, in case those products have undergone processing.
(9)
The flat-rate amounts for transport, sorting and packaging costs for free distribution of fruit and vegetables withdrawn from the market set out in Article 83(1) and Annex XI of Regulation (EC) No 1580/2007 should be updated.
(10)
Regulation (EC) No 1580/2007 should therefore be amended accordingly.
(11)
The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,
HAS ADOPTED THIS REGULATION:
Article 1
Amendments to Regulation (EC) No 1580/2007
Regulation (EC) No 1580/2007 is amended as follows:
1.
Article 21(1) is amended as follows:
(a)
point (h) is replaced by the following:
‘(h)
“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 result;’;
(b)
point (i) is replaced by the following;
‘(i)
“preparation” means preparatory activities such as cleaning, cutting, peeling trimming and drying of fruit and vegetables, without transforming them into processed fruit and vegetables;’;
2.
Article 52 is amended as follows:
(a)
the following paragraph 2a is inserted:
‘2a. The value of the marketed production shall not include the value of processed fruit and vegetables or any other product that is not a product of the fruit and vegetables sector.
However, the value of the marketed production of fruit and vegetables intended for processing, which have been transformed into one of the processed fruit and vegetables listed in Part X of Annex I to Regulation (EC) No 1234/2007 or any other agricultural product referred to in this Article and described further in Annex VIa to this Regulation, by either a producer organisation, an association of producer organisations or their members, who are producers or their cooperatives, or subsidiaries as referred to in paragraph 7 of this Article, either by themselves or through outsourcing, shall be calculated as a flat rate in percentage applied to the invoiced value of those processed products.
That flat rate shall be:
(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 the genus Agaricus;
(g)
81 % for fruits provisionally preserved in brine;
(h)
81 % for dried fruits;
(i)
27 % for other processed fruit and vegetables;
(j)
12 % for processed aromatic herbs;
(k)
41 % for paprika powder.’;
(b)
paragraph 6 is replaced by the following:
‘6. The marketed production of fruit and vegetables shall be invoiced at the “ex-producer organisation” stage where applicable, as product listed in Part IX of Annex I to Regulation (EC) No 1234/2007 which is prepared and packaged excluding:
(a)
VAT;
(b)
internal transport costs, where the distance between the centralised collection or packing points of the producer organisation and the point of distribution of the producer organisation is significant.
For the purposes of point (b) of the first subparagraph, Member States shall provide for reductions to be applied to the invoiced value for products invoiced at different stages of delivery or transport.’;
3.
in Article 53(7), the following subparagraphs are added:
‘However, for operational programmes approved by 20 January 2010, the value of the marketed production for the years until 2007 shall be calculated on the basis of the legislation applicable in the reference period, whereas the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable in 2008.
For operational programmes approved after 20 January 2010, the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable at the time the operational programme has been approved.’;
4.
in Article 80(2), the third subparagraph is replaced by the following:
‘The percentages referred to in the first subparagraph shall be annual averages over a three year period, with 5 percentage points of annual margin of overrun.’;
5.
in Article 81(2), the following subparagraph is inserted after the first subparagraph:
‘Member States may allow the charitable organisations and the institutions referred to in points (a) and (b) of Article 103d(4) of Regulation (EC) No 1234/2007 to ask a symbolic contribution from the final recipients of products subjected to market withdrawals, in case those products have undergone processing.’;
6.
in Article 83, paragraphs 1 and 2 are replaced by the following:
‘1. The costs of sorting and packaging fresh fruit and vegetables withdrawn from the market for free distribution shall be eligible under operational programmes, in the case of products put up in packages of less than 25 kilograms net weight at the flat-rate amounts set out in Part A of Annex XII.
2. Packages of products for free distribution shall display the European emblem, together with one or more of the references set out in Part B of Annex XII.’;
7.
Annex VIa, as set out in Annex I to this Regulation, is inserted;
8.
Annex XI is replaced by the text in Annex II to this Regulation;
9.
Annex XII is replaced by the text in Annex III to this Regulation.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2010.