This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability  
for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official 
Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links 
embedded in this document  
►B 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  
(OJ L 138, 25.5.2017, p. 4)  
Amended by:  
Official Journal  
No page  date  
►M1 Commission Delegated Regulation (EU) 2018/1145 of 7 June 2018  L 208  1  17.8.2018  02017R0891 — EN — 01.01.2019 — 002.001 — 1
02017R0891 — EN — 01.01.2019 — 002.001 — 2  
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  
TITLE I  
INTRODUCTORY PROVISIONS  
Article 1  
Subject matter and scope  
This Regulation supplements Regulation (EU) No 1308/2013 as regards 
the fruit and vegetables and processed fruit and vegetables sectors as 
referred to in Article 1(2)(i) and (j) of that Regulation, with the 
exception of marketing standards, and supplements Regulation (EU) 
No 1306/2013 as regards penalties to be applied in those sectors.  
However, Title II of this Regulation shall only apply to products of the 
fruit and vegetables sector as referred to in Article 1(2)(i) of Regulation 
(EU) No 1308/2013 and to such products intended for processing.  
TITLE II  
PRODUCER ORGANISATIONS  
CHAPTER I  
Requirements and recognition  
S e c t i o n 1  
D e f i n i t i o n s  
Article 2  
Definitions  
For the purposes of this Title the following definitions shall apply:  
(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 (  1 ) producing fruit and vegetables as referred to in 
Article 1(2)(i) of Regulation (EU) No 1308/2013 and such 
products intended solely for processing;  ▼B 
( 1 ) 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 agri ­
cultural policy and repealing Council Regulation (EC) No 637/2008 and 
Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).
 02017R0891 — EN — 01.01.2019 — 002.001 — 3  
(b) ‘producer member’ means a producer or legal entity constituted by 
producers that is a member of a producer organisation or associa ­
tion 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;  
▼M1 
(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;  
▼B 
(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 Regu ­
lation (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;  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 4  
(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 trans ­
forming 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 organis ­
ation 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.  
S e c t i o n 2  
R e c o g n i t i o n c r i t e r i a a n d o t h e r r e q u i r e m e n t s  
Article 3  
Legal status of producer organisations  
Member States shall define the legal entities which may apply for 
recognition pursuant to Article 154 of Regulation (EU) No 1308/2013 
in the light of their national legal and administrative structures. Where 
applicable, they shall also lay down provisions on clearly defined parts 
of legal entities which may apply for recognition pursuant to that 
Article. Member States may adopt complementary rules on recognition 
of producer organisations and on legal entities which may apply for 
recognition as producer organisations.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 5  
Article 4  
Product coverage  
1. Member States shall recognise producer organisations in respect of 
the product or the group of products specified in the application for 
recognition.  
2. Member States shall recognise producer organisations in respect of 
the product or the group of products solely intended for processing 
where the producer organisations are able to ensure that such 
products are delivered for processing, whether through a system of 
supply contracts or otherwise.  
Article 5  
Minimum number of members  
For the purposes of Article 154(1)(b) of Regulation (EU) No 1308/2013, 
Member States shall lay down a minimum number of members.  
When laying down the minimum number of members of a producer 
organisation, Member States may provide that where an applicant for 
recognition is wholly or partly made up of members which are them ­
selves legal entities or clearly defined parts of legal entities made up of 
producers, the minimum number of producers may be calculated on the 
basis of the number of producers associated with each of the legal 
entities or clearly defined parts of legal entities.  
Article 6  
Minimum length of membership  
1. The minimum membership period of a producer shall not be less 
than one year.  
2. Resignation from membership shall be notified to the producer 
organisation in writing. Member States shall lay down the notice 
period, which shall not exceed six months, and the date on which 
resignation shall take effect.  
Article 7  
Structures and activities of producer organisations  
Member States shall verify that producer organisations have at their 
disposal the staff, infrastructure and equipment necessary to fulfil the 
requirements laid down in Articles 152, 154 and 160 of Regulation 
(EU) No 1308/2013 and to ensure their essential functioning, in 
particular as regards:  
(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;  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 6  
(d) commercial and budgetary management; and  
(e) centralised cost-based accounting and a system of invoicing 
according to national law.  
Article 8  
Value or volume of marketable production  
1. For the purposes of Article 154(1)(b) of Regulation (EU) 
No 1308/2013, the value or volume of marketable production shall be 
calculated on the same basis as the value of marketed production set out 
in Articles 22 and 23 of this Regulation.  
2. In circumstances when the historical data on marketed production 
of a member for the application of paragraph 1 is not sufficient, the 
value of the marketable production shall be equal to the actual value of 
marketed production during a period of 12 consecutive months. Those 
12 months shall fall within the three years preceding the year in which 
the application for recognition is submitted.  
Article 9  
Minimum value of marketed production  
For the purposes of Article 154(1)(b) of Regulation (EU) No 
1308/2013, Member States shall, in addition to a minimum number of 
members, lay down a minimum value of marketed production for 
producer organisations implementing an operational programme.  
Article 10  
Provision of technical means  
For the purposes of Article 154(1)(c) of Regulation (EU) No 1308/2013 
and Article 7(b) of this Regulation, a producer organisation which is 
recognised for a product for which the provision of technical means is 
necessary, shall be considered to fulfil its obligation in that regard, 
where it provides an adequate level of technical means itself or 
through its members, or through subsidiaries, or through an association 
of producer organisations of which it is a member or by outsourcing.  
Article 11  
Producer organisations' main activities  
1. The main activity of a producer organisation shall relate to the 
concentration of supply and the placing on the market of the products of 
its members for which it is recognised.  
The placing on the market referred to in the first subparagraph 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 13. 
Placing on the market shall include among others the decision on the 
product to be sold, the way of selling and unless the sale is by means of 
auction, the negotiation of its quantity and price.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 7  
Producer organisations shall keep records, including accounting docu ­
ments, for at least five years, which demonstrate that the producer 
organisation concentrated supply and placed on the market members' 
products for which it is recognised.  
2. A producer organisation may sell products from producers that are 
not a member of a producer organisation or of an association of 
producer organisations, where it is recognised in respect of those 
products and provided that the economic value of that activity is 
below the value of its marketed production calculated in accordance 
with Article 22.  
3. The marketing of fruit and vegetables that are bought directly from 
another producer organisation and of products for which the producer 
organisation is not recognised shall not be considered as forming part of 
the producer organisation's activities.  
4. Where Article 22(8) applies, paragraph 2 of this Article shall 
apply  mutatis mutandis  to the subsidiaries concerned.  
▼M1 
Article 12  
Marketing of the production outside the producer organisation  
1. Where the producer organisation so authorises in its statutes and 
where this is in compliance with the terms and conditions laid down by 
the Member State and the producer organisation, the producer members 
may:  
(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.  
2. The percentage of the production that the producer members 
market outside the producer organisation, as referred to in paragraph 
1 shall not exceed 25 % in volume or in value of the marketable 
production of each producer member.  
However, Member States may set a lower percentage of the production 
that the producer members may market outside the producer organis ­
ation than the one set out in the first subparagraph. Member States may 
increase that percentage up to 40 % in case of products covered by 
Council Regulation (EC) No 834/2007 (  1 ) or where producer members 
market their production through another producer organisation 
designated by their own producer organisation.  ▼B 
( 1 ) Council Regulation (EC) No 834/2007 of 28 June 2007 on organic 
production and labelling of organic products and repealing Regulation 
(EEC) No 2092/91 (OJ L 189, 20.7.2007, p. 1).
 02017R0891 — EN — 01.01.2019 — 002.001 — 8  
Article 13  
Outsourcing  
1. The activities that a Member State may permit to be outsourced in 
accordance with Article 155 of Regulation (EU) No 1308/2013 shall 
relate to the 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 
written commercial arrangement by way of a contract, agreement or 
protocol 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.  
However, the activity shall be considered as carried out by the producer 
organisation if it is carried out by an association of producer organis ­
ations or a cooperative whose members are themselves cooperatives 
where the producer organisation is a member thereof or by a subsidiary 
complying with the 90 % requirement referred to in Article 22(8).  
3. The overall management control and supervision referred to in the 
first subparagraph of paragraph 2 shall be effective and require that the 
outsourcing contract, agreement or protocol:  
(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.  
Outsourcing contracts, agreements or protocols as well as the reports 
referred to in point (b) of the first subparagraph 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 14  
Transnational producer organisations  
1. The head office of a transnational producer organisation shall be 
located in the Member State in which the organisation achieves the 
majority of the value of marketed production calculated in accordance 
with Articles 22 and 23.  
Alternatively, the head office may be established in the Member State 
where the majority of producer members are located, if the Member 
States concerned so agree.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 9  
2. Where the transnational producer organisation implements an op ­
erational programme and where, at the moment of applying for a new 
operational programme, the majority of the value of marketed 
production is achieved in another Member State or where the 
majority of the producer members are located in a Member State 
other than that where the head office of that transnational producer 
organisation is located, the head office shall be maintained in the 
current Member State until the end of the implementation of the new 
operational programme.  
However, if at the end of the implementation of that new operational 
programme, the majority of the value of marketed production is still 
achieved or the majority of the organisation's members are still located 
in a Member State other than that where the head office is currently 
located, the head office shall be transferred to that other Member State, 
unless the Member States concerned agree that the location of the head 
office shall not be changed.  
3. The Member State in which the head office of the transnational 
producer organisation is located shall be responsible for the following:  
(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.  
Article 15  
Mergers of producer organisations  
1. Where producer organisations merge, the producer organisation 
resulting from the merger shall assume the rights and obligations of 
the individual producer organisations that merged. The Member State 
shall ensure that the new producer organisation complies with all recog ­
nition criteria and shall assign to it a new number for the purposes of 
the unique identification system as referred to in Article 22 of Imple ­
menting Regulation (EU) 2017/892.  
The producer organisation resulting from the merger may either operate 
the programmes in parallel and separately until 1 January of the year 
following the merger, or merge the operational programmes from the 
moment of the merger.  
Article 34 of this Regulation shall apply to operational programmes that 
are merged.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 10  
2. By way of derogation from the second subparagraph of paragraph 
1, Member States may authorise on the basis of a duly substantiated 
request, operational programmes to continue to be implemented in 
parallel until they reach their natural conclusion.  
Article 16  
Non-producer members  
1. Member States may determine the conditions under which any 
natural or legal person who is not a producer may be accepted as a 
member of a producer organisation.  
2. When setting the conditions referred to in paragraph 1, Member 
States shall ensure, in particular, compliance with Article 153(2)(c) and 
Article 159(a)(i) of Regulation (EU) No 1308/2013.  
3. The natural or legal persons referred to in paragraph 1 shall not:  
(a) be taken into account for the recognition criteria;  
(b) benefit directly from the measures financed by the Union.  
Member States may restrict or prohibit the natural or legal persons' right 
to vote on decisions relating to operational funds, in line with the 
conditions referred to in paragraph 1.  
Article 17  
Democratic accountability of producer organisations  
1. Where a producer organisation has a legal structure requiring 
democratic accountability under the applicable national legislation, it 
shall be considered to fulfill this requirement for the purposes of this 
Regulation unless the Member State decides otherwise.  
2. For producer organisations other than the one referred to in 
paragraph 1, Member States shall set a maximum percentage of 
voting rights and shares or capital which any natural or legal person 
may hold in a producer organisation. The maximum percentage of 
voting rights and shares or capital shall be below 50 % of the total 
voting rights and below 50 % of the shares or capital.  
In duly justified cases, Member States may set a higher maximum 
percentage of shares or capital that a legal person may hold in a 
producer organisation provided that measures are adopted to ensure 
that an abuse of power by such legal person is in any case 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 or capital set by 
the Member State pursuant to the first subparagraph shall only apply 
after the end of that operational programme.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 11  
3. Member States' authorities shall carry out checks, based on a risk 
analysis, on voting rights and shareholdings. Where the members of the 
producer organisation are legal persons themselves, these checks shall 
include the identities of the natural or legal persons that hold shares or 
capital of the members.  
4. 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.  
S e c t i o n 3  
A s s o c i a t i o n s o f p r o d u c e r o r g a n i s a t i o n s  
Article 18  
Rules on producer organisations applicable to associations of 
producer organisations  
Articles 3, 6, 11(3), 13, 15 and 17 shall apply  mutatis mutandis  to 
associations of producer organisations. Where the association of 
producer organisations sells the products of its member producer organ ­
isations, Article 11(2) shall apply  mutatis mutandis . 
Article 19  
Recognition of associations of producer organisations  
1. Member States may recognise associations of producer organis ­
ations under Article 156 of Regulation (EU) No 1308/2013 in respect of 
the activity or activities concerning the product or the group of products 
specified in the application for recognition where the association of 
producer organisations is capable of carrying out effectively those activ ­
ities.  
2. An association of producer organisations recognised under 
Article 156 of Regulation (EU) No 1308/2013 may carry out any of 
the activities or functions of a producer organisation, even when the 
marketing of the products concerned continues to be carried out by its 
members.  
3. For a given product or group of products and activity, a producer 
organisation shall be a member only of one association of producer 
organisations that implements an operational programme.  
4. Member States may adopt complementary rules on recognition of 
associations of producer organisations.  
Article 20  
Members of associations of producer organisations who are not 
producer organisations  
1. Member States may determine the conditions under which natural 
or legal persons other than a recognised producer organisation may be a 
member of an association of producer organisations.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 12  
2. Members of a recognised association of producer organisations 
who are not recognised producer organisations shall not:  
(a) be taken into account for the recognition criteria;  
(b) benefit directly from the measures financed by the Union.  
Member States may permit, restrict or prohibit those members' right to 
vote on decisions relating to operational programmes.  
Article 21  
Transnational association of producer organisations  
1. The head office of a transnational association of producer organ ­
isations shall be located in the Member State in which the member 
producer organisations achieve the majority of the value of marketed 
production.  
Alternatively, the head office may be established in the Member State 
where the majority of member producer organisations are located, if the 
Member States concerned so agree.  
2. Where the transnational association of producer organisations 
implements an operational programme and where, at the moment of 
applying for a new operational programme, the majority of the value 
of marketed production is achieved in another Member State or where 
the majority of member producer organisations are located in a Member 
State other than that where the head office of that transnational associ ­
ation is located, the head office shall be maintained in the current 
Member State until the end of the implementation of the new opera ­
tional programme.  
However, if at the end of the implementation of that new operational 
programme, the majority of the value of marketed production is still 
achieved or the majority of member producer organisations are still 
located in a Member State other than that where the head office is 
currently located, the head office shall be transferred to that other 
Member State, unless the Member States concerned agree that the 
location of the head office shall not be changed.  
3. The Member State in which the head office of the transnational 
association of producer organisations is located shall be responsible for 
the following:  
(a) recognising the association;  
(b) approving, where applicable, the transnational association's opera ­
tional 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 im ­
plementation 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  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 13  
(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.  
CHAPTER II  
Operational funds and operational programmes  
S e c t i o n 1  
V a l u e o f m a r k e t e d p r o d u c t i o n  
Article 22  
Basis for calculation  
1. The value of marketed production for a producer organisation shall 
be calculated on the basis of the production of the producer organisation 
itself and its producer members, and shall only include the production 
of those fruit and vegetables for which the producer organisation is 
recognised. The value of marketed production may include fruit and 
vegetables that are not required to conform to the marketing standards, 
where those standards do not apply.  
The value of marketed production for an association of producer organ ­
isations shall be calculated on the basis of the production marketed by 
the association of producer organisations itself and by its member 
producer organisations, and shall only include the production of those 
fruit and vegetables for which the association of producer organisations 
is recognised. In making this calculation duplicate counting shall be 
avoided.  
2. 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 vegetable products listed in Part X of Annex I to 
Regulation (EU) No 1308/2013 or any other processed product referred 
to in this Article and described further in Annex I to this Regulation, by 
either a producer organisation, an association of producer organisations 
or their producer members or subsidiaries complying with the 90 % 
requirement referred to in paragraph 8 of this Article, either by them ­
selves 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;  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 14  
(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 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.  
3. Member States may allow producer organisations to include the 
value of the by-products in the value of marketed production.  
4. The value of marketed production shall include the value of 
market withdrawals disposed of as provided for in Article 34(4) of 
Regulation (EU) No 1308/2013. The value shall be calculated on the 
basis of the average price of those products marketed by the producer 
organisation in the concerned period.  
5. Only the production of the producer organisation and its producer 
members which is marketed by that producer organisation shall be 
counted in the value of marketed production. The production of the 
producer members of the producer organisation marketed by another 
producer organisation designated by their own organisation shall be 
counted in the value of marketed production of the second producer 
organisation. Duplicate counting shall be avoided.  
6. Except where paragraph 8 applies, the marketed production of 
fruit and vegetables shall be invoiced at the ‘ex-producer organisation’ 
stage as a product listed in Part IX of Annex I to Regulation (EU) No 
1308/2013 that is prepared and packaged, excluding:  
(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.  
7. The value of marketed production may also be calculated at the 
‘ex-association of producer organisation’ stage and on the same basis as 
set out in paragraph 6.  
8. The value of marketed production may also be calculated at the 
‘ex-subsidiary’ stage, on the same basis as set out in paragraph 6, 
provided that at least 90 % of the shares or capital of the subsidiary 
is owned:  
(a) by one or more producer organisations or associations of producer 
organisations; or  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 15  
(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.  
9. In case of outsourcing, the value of marketed production shall be 
calculated at the ‘ex-producer organisation’ stage and shall include the 
added economic value of the activity that has been outsourced by the 
producer organisation to its members, third parties or to another 
subsidiary than the one referred to in paragraph 8.  
▼M1 
10. Where a reduction in production occurs due to a natural disaster, 
climatic event, animal or plant diseases or pest infestations, any 
insurance indemnification received in respect of harvest insurance 
actions covered by Section 7 of Chapter III, or equivalent actions 
managed by the producer organisation or its producer members, due 
to those causes may be included in the value of marketed production.  
▼B 
Article 23  
Reference period and ceiling on Union financial assistance  
1. Member States shall determine for each producer organisation a 
12-month reference period, starting no earlier than 1 January of the year 
that is three years prior to the year for which the aid is requested and 
ending no later than 31 December of the year preceding the year for 
which the aid is requested.  
The 12-month reference period shall be the accounting period of the 
producer organisation concerned.  
The methodology for fixing the reference period shall not vary during 
an operational programme except in duly justified situations.  
2. The ceiling on Union financial assistance referred to in 
Article 34(2) of Regulation (EU) No 1308/2013 shall be calculated 
each year on the basis of the value of the marketed production during 
the reference period of the producers who are members of the producer 
organisation or association of producer organisations on 1 January of 
the year for which the aid is requested.  
3. As an alternative to the method set out in paragraph 2, for non- 
transnational producer organisations or associations of producer organ ­
isations, Member States may decide to use the actual value of the 
marketed production in the reference period concerned of the 
producer organisation or association of producer organisations in 
question. In that case, the rule shall apply to all non-transnational 
producer organisations and associations of producer organisations in 
that Member State.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 16  
4. Where a reduction of at least 35 % in the value of a product has 
occurred due to reasons falling outside the responsibility and control of 
the producer organisation, the value of marketed production of that 
product shall be deemed to represent 65 % of its value in the 
previous reference period.  
The producer organisation shall justify the reasons referred to in the first 
subparagraph to the competent authority of the Member State 
concerned.  
This paragraph shall also apply for the purpose of determining 
compliance with the minimum value of marketed production as 
provided for in Article 9.  
5. Where historical data on marketed production for newly 
recognised producer organisations is insufficient for the purpose of 
the application of paragraph 1, the value of marketed production shall 
be the value of marketable production provided by the producer organ ­
isation for the purposes of recognition.  
Article 24  
Accounting  
Member States shall ensure that producer organisations comply with the 
national standards of cost-based accounting that allow independent 
auditors to promptly identify, check and certify their expenditure and 
revenue.  
S e c t i o n 2  
O p e r a t i o n a l f u n d s  
Article 25  
Financing of operational funds  
1. The financial contributions to the operational fund referred to in 
Article 32(1)(a) of Regulation (EU) No 1308/2013 shall be determined 
by the producer organisation or association of producer organisations.  
2. All producer members or member organisations shall have the 
opportunity to benefit from the operational fund and to participate 
democratically in decisions concerning the use of the operational fund 
of the producer organisation or association of producer organisations 
and of the financial contributions to the operational fund.  
3. The statutes of a producer organisation or rules of association of 
an association of producer organisations shall require its producer 
members or member organisations to pay the financial contributions 
in accordance with its statutes or rules of association for the estab ­
lishment and replenishment of the operational fund provided for in 
Article 32 of Regulation (EU) No 1308/2013.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 17  
Article 26  
Notification of estimated amount  
1. Producer organisations and associations of producer organisations 
shall notify the Member State, which has granted the recognition, of the 
estimated amounts of Union financial assistance and of the contribution, 
of its members and of the producer organisation or association itself, to 
the operational funds for the following year, by 15 September at the 
latest, together with the operational programmes or any request for 
approval of amendments to an existing operational programme.  
However, Member States may set a later date than 15 September.  
2. The calculation of the estimated amount of operational funds shall 
be based on the operational programmes and the value of marketed 
production. The calculation shall be split between expenditure for 
crisis prevention and management measures and other measures.  
S e c t i o n 3  
O p e r a t i o n a l p r o g r a m m e s  
Article 27  
National strategy  
1. The national strategy referred to in Article 36(2) of Regulation 
(EU) No 1308/2013, including the national framework referred to in 
Article 36(1) of that Regulation shall be established prior to the annual 
submission of the draft operational programmes. The national 
framework shall be integrated into the national strategy after having 
been submitted to the Commission and, where applicable, after having 
been amended in accordance with the second subparagraph of 
Article 36(1) of Regulation (EU) No 1308/2013.  
The national strategy may be subdivided into regional elements.  
2. In addition to the elements referred to in Article 36(2) of Regu ­
lation (EU) No 1308/2013, the national strategy shall integrate all the 
decisions taken and provisions adopted by the Member State for the 
purposes of Articles 152 to 165 of Regulation (EU) No 1308/2013.  
3. An analysis of the initial situation shall form part of the process of 
drawing up the national strategy and be carried out under responsibility 
of the Member State.  
It shall identify and assess the priority needs, the objectives, the results 
expected and the quantified targets against the initial situation.  
It shall also lay down the instruments and actions to attain those objec ­
tives.  
4. Member States shall monitor and evaluate the national strategy 
and its implementation through operational programmes.  
The national strategy may be amended prior to the annual submission of 
the draft operational programmes.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 18  
5. Member States shall set out in the national strategy the maximum 
percentages of the operational fund which may be spent on any indi ­
vidual measure or type of action in order to ensure a balance between 
different measures.  
Article 28  
National framework for environmental actions  
In addition to the submission of the proposed framework referred to in the 
second subparagraph of Article 36(1) of Regulation (EU) No 1308/2013, 
Member States shall notify the Commission of any amendments to the 
national framework, which shall be subject to the procedure set out in that 
subparagraph.  
The Commission shall make the national framework available to other 
Member States by the means that it considers appropriate.  
Article 29  
Complementary Member State rules  
Member States may adopt rules complementing Regulation (EU) No 
1308/2013, this Regulation and Implementing Regulation (EU) 
2017/892 concerning the eligibility of measures, actions or expenditure 
under operational programmes.  
Article 30  
Relationship with rural development, State aid and promotion 
programmes  
1. Where support under the Member State's rural development 
programme or programmes has been granted to operations which are 
identical to actions that would be potentially eligible under Regulation 
(EU) No 1308/2013, that Member State shall ensure that a beneficiary 
may receive support for a given action only under one scheme.  
Where a Member State includes such operations in its rural develop ­
ment programme or programmes, it shall ensure that the national 
strategy indicates the safeguards, provisions and checks put in place 
to avoid double funding of the same action or operation.  
▼M1 
2. Producer organisations or associations of producer organisations 
which have been granted the support provided in Article 27 of Regu ­
lation (EU) No 1305/2013 or Article 19 of Commission Regulation 
(EU) No 702/2014 (  1 ) may implement an operational programme in 
the same period provided that the Member State concerned ensures 
that the beneficiaries receive support for any given action only under 
one scheme.  
▼B 
3. Where applicable, and without prejudice to Article 34(1) and (3) 
and Article 35 of Regulation (EU) No 1308/2013, the level of support 
for measures covered by that Regulation shall not exceed the level 
applicable for the measures under the rural development programme.  ▼B 
( 1 ) Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain 
categories of aid in the agricultural and forestry sectors and in rural areas 
compatible with the internal market in application of Articles 107 and 108 of 
the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, 
p. 1).
 02017R0891 — EN — 01.01.2019 — 002.001 — 19  
4. Support for environmental actions that are identical to agri- 
environment-climate or organic farming commitments as referred to in 
Articles 28 and 29 of Regulation (EU) No 1305/2013 respectively, shall 
be limited to the maximum amounts laid down in Annex II to that 
Regulation for agri-environment-climate payments or for organic 
farming payments. Those amounts may be increased in duly 
substantiated cases taking account of specific circumstances to be 
justified in the national strategy and in the operational programmes of 
the producer organisations.  
5. Paragraph 4 shall not apply to environmental actions which do not 
relate directly or indirectly to a particular parcel.  
6. Where producer organisations, associations of producer organis ­
ations or interbranch organisations benefit from promotion programmes 
approved under Regulation (EU) No 1144/2014 of the European 
Parliament and of the Council (  1 ), Member States shall ensure that a 
beneficiary may receive support for a given action only under one 
scheme.  
Article 31  
Eligibility of actions under operational programmes  
1. Operational programmes shall not include actions or expenditure 
listed in Annex II. A non-exhaustive list of eligible actions is set out in 
Annex III.  
2. Expenditure under operational programmes eligible for aid shall be 
restricted to the actual costs incurred. However, Member States may fix 
standard flat rates or scales of unit costs in the following cases:  
(a) where such standard flat rates or scales of unit costs are referred to 
in Annex III;  
(b) for additional per-kilometre external transport costs, compared to 
road haulage costs, incurred when using rail or ship transport as 
part of a measure to respect the environment.  
In addition, Member States may decide to use differentiated scales of 
unit costs to take into account regional or local specificities.  
Member States shall review the standard flat rates or scales of unit costs 
at least every five years.  
3. Member States shall ensure that the relevant calculations are 
adequate and accurate and established in advance on the basis of a 
fair, equitable and verifiable calculation. To that end Member States 
shall:  ▼B 
( 1 ) Regulation (EU) No 1144/2014 of the European Parliament and of the 
Council of 22 October 2014 on information provision and promotion 
measures concerning agricultural products implemented in the internal 
market and in third countries and repealing Council Regulation (EC) No 
3/2008 (OJ L 317, 4.11.2014, p. 56).
 02017R0891 — EN — 01.01.2019 — 002.001 — 20  
(a) ensure that a body, that is functionally independent from the auth ­
orities 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.  
4. In order for an action to be eligible, products for which the 
producer organisation is recognised shall account for more than 50 % 
of the value of the products covered by that action. In addition, the 
products concerned shall come from the producer organisation's 
members or producer members of another producer organisation or 
association of producer organisations. Articles 22 and 23 shall apply  
mutatis mutandis  to the calculation of the value.  
5. Investments in physical assets shall entail the following commit ­
ments:  
(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.  
However, for the purposes of point (b) of the first subparagraph, 
Member States may provide that a period different to that of the 
fiscal depreciation period shall apply. Such period shall be indicated 
and duly justified in their national strategy and cover at least the 
period referred to in Article 71(1) of Regulation (EU) No 1303/2013 
of the European Parliament and of the Council (  1 ). ▼B 
( 1 ) Regulation (EU) No 1303/2013 of the European Parliament and of the 
Council of 17 December 2013 laying down common provisions on the 
European Regional Development Fund, the European Social Fund, the 
Cohesion Fund, the European Agricultural Fund for Rural Development 
and the European Maritime and Fisheries Fund and laying down general 
provisions on the European Regional Development Fund, the European 
Social Fund, the Cohesion Fund and the European Maritime and Fisheries 
Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 
20.12.2013, p. 320).
 02017R0891 — EN — 01.01.2019 — 002.001 — 21  
6. ►M1 Investments, including those under leasing contracts, may 
be financed through the operational fund in one amount or in 
instalments that were approved in the operational programme. ◄ 
Member States may approve amendments to the operational 
programme providing for a new distribution of the instalments in duly 
justified cases.  
If the fiscal depreciation period of an investment exceeds the length of 
the operational programme, it may be carried over to a subsequent 
operational programme.  
Where investments are replaced, the residual value of the investments 
replaced shall be:  
(a) added to the operational fund of the producer organisation; or  
(b) subtracted from the cost of the replacement.  
If the investment is sold before the end of the period referred to in 
paragraph 5 but it is not replaced, the Union aid paid to finance the 
investment shall be recovered and reimbursed to the European Agri ­
cultural Guarantee Fund (EAGF) in proportion to the number of full 
years that remain until the end of the depreciation period referred to in 
point (b) of the first subparagraph of paragraph 5.  
7. Actions, including investments, may be implemented on individual 
holdings or premises of producer members of the producer organisation, 
association of producer organisations or their subsidiaries complying 
with the 90 % requirement as referred to in Article 22(8), including 
where the actions are outsourced to members of the producer organis ­
ation or association of producer organisations, provided that they 
contribute to the objectives of the operational programme.  
If the producer member leaves the producer organisation, Member 
States shall ensure that the investment or its residual value is 
recovered by the producer organisation and in the latter case, added 
to the operational fund.  
However, in duly justified circumstances, Member States may provide 
that the producer organisation shall not be required to recover the 
investment or its residual value.  
8. Actions, including investments, related to the transformation of 
fruit and vegetables into processed fruit and vegetables may be 
eligible for support where such actions and investments pursue the 
objectives set out in Article 33(1) of Regulation (EU) No 1308/2013, 
including those referred to in Article 160 of that Regulation, and 
provided that they are identified in the national strategy referred to in 
Article 36 of Regulation (EU) No 1308/2013.  
9. Investments in intangible assets may be eligible for support where 
such investments pursue the objectives set out in Article 33(1) of Regu ­
lation (EU) No 1308/2013, including those referred to in Article 160 of 
that Regulation, and provided that they are identified in the national 
strategy referred to in Article 36 of Regulation (EU) No 1308/2013.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 22  
Article 32  
Operational programmes of associations of producer organisations  
1. Member States may authorise that producer members of associ ­
ations of producer organisations which are not producer organisations, 
but which are members of such associations pursuant to Article 20, 
finance the measures implemented by the association of producer organ ­
isations in proportion to the contribution of member producer organisa ­
tions.  
2. Articles 30, 31, 33 and 34 of this Regulation and Articles 4 to 7 of 
Implementing Regulation (EU) 2017/892 shall apply  mutatis mutandis  
to operational programmes of associations of producer organisations. 
However, a balance between the activities referred to in Article 4(1)(b) 
of Implementing Regulation (EU) 2017/892 shall not be required in 
respect of partial operational programmes of associations of producer 
organisations.  
3. The ceiling for the crisis management and prevention expenditure, 
referred to in the fourth subparagraph 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.  
Article 33  
Decision  
1. Member States shall:  
(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.  
2. Member States shall take decisions on operational programmes 
and operational funds by 15 December of the year in which they are 
submitted.  
Member States shall notify the producer organisations of those decisions 
by 15 December.  
However, for duly justified reasons, such decisions may be taken after 
that date, but no later than 20 January following the date of submission. 
The approval decision may provide that expenditure is eligible from 1 
January of the year following the submission.  
Article 34  
Amendments to operational programmes  
1. Producer organisations may request amendments to operational 
programmes, including their duration, for subsequent years. Member 
States shall set deadlines for the submission and approval of such 
requests so that the approved amendments apply as from 1 January of 
the following year.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 23  
For duly justified reasons, such requests may be approved after the 
deadlines set by Member States, but no later than 20 January 
following the year of the request. The approval decision may provide 
that expenditure is eligible from 1 January following the year of the 
request.  
2. Member States may authorise amendments to operational 
programmes during the year, under conditions to be determined by 
them. The decisions on those amendments shall be taken by 20 
January of the year following the year on which amendments are 
requested.  
Producer organisations may be authorised by Member States, during the 
year to:  
(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.  
Member States shall determine the conditions under which operational 
programmes may be amended during the year without prior approval by 
the competent authority of the Member State. Those amendments shall 
only be eligible for aid if they are notified by the producer organisation 
to the competent authority without delay.  
Member States may modify the percentages referred to in point (c) of 
the second subparagraph in case of mergers of producer organisations as 
referred to in Article 15(1).  
3. Requests for amendments shall be accompanied by supporting 
documents giving the reason, nature and implications of the changes.  
S e c t i o n 4  
A i d  
Article 35  
Advance payments  
1. Member States may permit producer organisations to apply for an 
advance payment of a part of the aid. That advance payment shall 
correspond to the forecast expenditure resulting from the operational 
programme during the three or four-month period starting in the 
month in which the application for an advance payment is submitted.  
Member States shall provide for conditions to ensure that financial 
contributions to the operational fund have been levied in accordance 
with Articles 24 and 25 and previous advance payments and the 
corresponding producer organisation contribution have actually been 
spent.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 24  
2. Applications for the release of securities may be submitted during 
the current programme year and shall be accompanied by supporting 
documents, such as invoices and documents proving that payment has 
been made.  
Securities shall be released in respect of up to 80 % of advances paid.  
3. In the event of failure to comply with the operational programmes 
or of serious failure to meet the obligations provided for in Article 5(b) 
and (c) of Implementing Regulation (EU) 2017/892 the security shall be 
forfeited, without prejudice to other administrative penalties to be 
applied in accordance with Section 3 of Chapter V of this Title.  
In the event of failure to comply with other requirements, the security 
shall be forfeited in proportion to the gravity of the irregularity that has 
been established.  
Article 36  
Cessation of an operational programme and discontinuity of 
recognition  
1. If a producer organisation or association of producer organisations 
ceases to implement its operational programme before the end of its 
scheduled duration, no further payments shall be made to that organis ­
ation or association for actions implemented after the date of cessation.  
2. Aid received for eligible actions carried out before the cessation of 
the operational programme shall not be recovered, provided that:  
(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 organ ­
isation, 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.  
3. Union financial assistance for multiannual commitments, such as 
environmental actions, where their long term objectives and expected 
benefits cannot be realised because of the interruption of the measure 
shall be recovered and reimbursed to the EAGF.  
4. This Article shall apply  mutatis mutandis  in case of voluntary 
discontinuity of recognition, withdrawal of recognition or dissolution 
of the producer organisation or association of producer organisations.  
5. Unduly paid aid shall be recovered in accordance with Article 67.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 25  
CHAPTER III  
Crisis prevention and management measures  
S e c t i o n 1  
G e n e r a l p r o v i s i o n s  
Article 37  
Selection of crisis prevention and management measures  
Member States may provide that one or more of the measures listed in 
the first subparagraph of Article 33(3) of Regulation (EU) No 
1308/2013 shall not apply in their territory.  
Article 38  
Loans to finance crisis prevention and management measures  
Loans taken out to finance crisis prevention and management measures 
pursuant to the fifth subparagraph of Article 33(3) of Regulation (EU) 
No 1308/2013 may, on duly justified economic grounds, be carried over 
to a subsequent operational programme, if their repayment period 
exceeds the length of the operational programme.  
S e c t i o n 2  
I n v e s t m e n t s m a k i n g t h e m a n a g e m e n t o f t h e 
v o l u m e s p l a c e d o n t h e m a r k e t m o r e e f f i c i e n t  
Article 39  
Investments related to the management of volumes  
1. Member States shall include in their national strategy the list of 
eligible investments aimed at making the management of volumes 
placed on the market more efficient as referred to in point (a) of the 
first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013.  
2. Before approving the operational programmes containing actions 
relating to the investments referred to in paragraph 1, Member States 
shall require justification that the proposed investment is suitable to 
effectively prevent or better withstand a crisis.  
▼M1 
S e c t i o n 3  
S u p p o r t r e l a t e d t o m u t u a l f u n d s  
Article 40  
Support related to mutual funds  
1. Member States shall adopt detailed provisions concerning support 
for the administrative cost of setting up mutual funds and the replen ­
ishment of mutual funds, as referred to in point (d) of the first subpara ­
graph of Article 33(3) of Regulation (EU) No 1308/2013.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 26  
2. The support for the administrative cost of setting up mutual funds 
referred to in paragraph 1 shall comprise both the Union financial 
assistance and the contribution from the producer organisation. The 
total amount of that support shall not exceed 5 %, 4 % or 2 % of 
the contribution of the producer organisation to the mutual fund in 
the first, second and third year of its operation, respectively.  
3. A producer organisation may receive the support for the adminis ­
trative cost of setting up mutual funds referred to in paragraph 1, only 
once and only within the three first years of the operation of the mutual 
fund. Where a producer organisation only asks for that support in the 
second or the third year of operation of the mutual funds, the support 
shall be 4 % or 2 % of the contribution of the producer organisation to 
the mutual fund in the second and third year of its operation, respect ­
ively.  
4. Member States may fix ceilings for the amounts that may be 
received by a producer organisation as a support related to mutual 
funds.  
▼B 
S e c t i o n 4  
R e p l a n t i n g o f o r c h a r d s f o l l o w i n g m a n d a t o r y 
g r u b b i n g - u p  
Article 41  
Replanting of orchards  
1. Where Member States include in their national strategy the 
replanting of orchards, following mandatory grubbing-up for health or 
phytosanitary reasons as referred to in point (e) of the first subparagraph 
of Article 33(3) of Regulation (EU) No 1308/2013, the measures taken 
shall comply with Council Directive 2000/29/EC (  1 ). 
2. Replanting of orchards shall not cover more than 20 % of the total 
expenditure under operational programmes. Member States may decide 
to set a lower percentage.  
S e c t i o n 5  
M a r k e t w i t h d r a w a l s  
Article 42  
Scope  
This Section lays down rules concerning market withdrawals and free 
distribution as referred to respectively in point (f) of the first subpara ­
graph of Articles 33(3) and 34(4) of Regulation (EU) No 1308/2013.  ▼M1 
( 1 ) 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).
 02017R0891 — EN — 01.01.2019 — 002.001 — 27  
Article 43  
Three-year average for market withdrawals for free distribution  
1. The limit of 5 % of the volume of marketed production referred to 
in Article 34(4) of Regulation (EU) No 1308/2013 shall be calculated 
on the basis of an arithmetic mean of the overall volumes of products 
for which the producer organisation is recognised and which are 
marketed through the producer organisation during the three previous 
years.  
2. For newly recognised producer organisations, the data for 
marketing years prior to recognition shall be:  
(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.  
Article 44  
Prior notification of withdrawal operations  
1. Producer organisations and associations of producer organisations 
shall notify the competent authorities of the Member States in writing or 
by electronic means in advance of an intention to withdraw products.  
Such notification shall specify, in particular, the list of products to be 
withdrawn and their principal characteristics according to the relevant 
marketing standards, the estimated quantity of each product concerned, 
their intended destination and the place where the withdrawn products 
may be inspected as provided for in Article 29 of Implementing Regu ­
lation (EU) 2017/892.  
Notifications shall include a written statement attesting that the products 
to be withdrawn conform to the applicable marketing standards or 
minimum requirements referred to in Article 15 of Implementing Regu ­
lation (EU) 2017/892.  
2. Member States shall lay down detailed rules for producer organis ­
ations and associations of producer organisations as regards notifications 
provided for in paragraph 1, in particular as regards time limits.  
Article 45  
Support  
1. The support for market withdrawals, comprising both the Union 
financial assistance and the producer organisation contribution, shall be 
no more than the amounts set out in Annex IV.  
For products not included in Annex IV, Member States shall set 
maximum amounts of support, comprising both the Union financial 
assistance and the producer organisation contribution, at a level not 
exceeding 40 % of the average market prices for the previous five 
years in case of free distribution and at a level not exceeding 30 % 
of the average of market prices for the previous five years for desti ­
nations other than free distribution.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 28  
Where the producer organisation has received compensation from third 
parties for withdrawn products, the support referred to in the first sub ­
paragraph shall be reduced by an amount equivalent to the compen ­
sation received. In order to be eligible for support, the products 
concerned shall not enter again the commercial market for fruit and 
vegetables.  
2. Market withdrawals shall not exceed 5 % of the volume of the 
marketed production of any given product of any given producer organ ­
isation. However, amounts 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.  
The volume of marketed production referred to in the first subparagraph 
shall be the average of the volume of marketed production in the 
previous three years. If this information is not available, the volume 
of marketed production for which the producer organisation was 
recognised shall be used.  
The percentage referred to in the first subparagraph shall be annual 
averages of a three year period including the year in question and the 
previous two years, with five percentage points of annual margin of 
overrun.  
3. The Union financial assistance in case of market withdrawals of 
fruit and vegetables which are disposed of by way of free distribution to 
the charitable organisations and institutions referred to in Article 34(4) 
of Regulation (EU) No 1308/2013 shall only cover payment for the 
disposed products in accordance with paragraph 1 of this Article and 
the costs referred to in Articles 16(1) and 17(1) of Implementing Regu ­
lation (EU) 2017/892.  
Article 46  
Destinations for withdrawn products  
1. Member States shall lay down the permissible destinations for 
products withdrawn from the market. They shall adopt provisions to 
ensure that no negative impact on the environment nor any negative 
phytosanitary consequences result from the withdrawal or its desti ­
nation.  
2. The destinations referred to in paragraph 1 shall include free 
distribution within the meaning of Article 34(4) of Regulation (EU) 
No 1308/2013 and any other equivalent destinations approved by 
Member States.  
Upon request, Member States may authorise the charitable organisations 
and institutions referred to in Article 34(4) of Regulation (EU) No 
1308/2013 to ask for a contribution from the final recipients of 
products withdrawn from the market.  
When the charitable organisations and institutions concerned have 
obtained the authorisation, they shall, in addition to the obligations 
under Article 47(1) of this Regulation, keep financial accounts for the 
operation in question.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 29  
Payment in kind by the beneficiaries of free distribution to processors of 
fruit and vegetables may be allowed, where such payment only 
compensates for processing costs and where the Member State in 
which the payment takes place has provided for rules ensuring that 
processed products are intended for consumption by the final recipients 
referred to in the second subparagraph.  
Member States shall take all the necessary steps to facilitate contacts 
and cooperation between producer organisations and the charitable 
organisations and institutions referred to in Article 34(4) of Regulation 
(EU) No 1308/2013 they have approved.  
3. Disposal of products to the processing industry shall be possible. 
Member States shall adopt detailed provisions to ensure that no 
distortion of competition occurs for the industries concerned within 
the Union or for imported products and that products withdrawn do 
not enter the commercial market again. The alcohol resulting from 
distillation shall be used exclusively for industrial or energy purposes.  
Article 47  
Conditions for the recipients of withdrawn products  
1. The recipients of withdrawn products referred to in Article 34(4) 
of Regulation (EU) No 1308/2013 shall undertake to:  
(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.  
Member States may decide that recipients do not have to keep records 
as referred to in point (b) of the first subparagraph, if they receive 
quantities below a maximum to be determined by them based on a 
documented risk analysis.  
2. The recipients of withdrawn products for other destinations shall 
undertake to:  
(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  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 30  
(d) not request additional aid for the alcohol produced from the 
products concerned in the case of withdrawn products intended 
for distillation.  
S e c t i o n 6  
G r e e n h a r v e s t i n g a n d n o n - h a r v e s t i n g  
Article 48  
Conditions for the application of green harvesting and non- 
harvesting  
1. Green harvesting and non-harvesting as referred to in point (g) of 
the first subparagraph of Article 33(3) of Regulation (EU) No 
1308/2013 shall be additional to and different from normal cultivation 
practices.  
2. Fruit and vegetable plants having undergone green harvesting or 
non-harvesting shall not be used for further production purposes in the 
same growing season after the operation has taken place.  
3. Green harvesting measures shall not be undertaken in respect of 
fruit and vegetables of which the normal harvest has already begun, and 
non-harvesting measures shall not be undertaken where commercial 
production has been taken from the area concerned during the normal 
production cycle.  
The first subparagraph shall not apply where fruit and vegetable plants 
have a harvesting period exceeding one month. In such cases, the 
amounts referred to in paragraph 4 shall only compensate for the 
production to be harvested in the six weeks following the green 
harvesting and non-harvesting operation. Those fruit and vegetable 
plants shall not be used for further production purposes in the same 
growing season after the operation has taken place.  
For the purposes of the second subparagraph, Member States may 
prohibit the application of green harvesting and non-harvesting 
measures if, in the case of green harvesting, a significant part of the 
normal harvest has been carried out and, in the case of non-harvesting, a 
significant part of the commercial production has already been taken. A 
Member State intending to apply this provision shall lay down in its 
national strategy the part it deems to be significant.  
Green harvesting and non-harvesting shall not be applied for the same 
product and the same given area in any given year, except for the 
purposes of the second subparagraph where both operations may be 
applied simultaneously.  
4. Support for green harvesting shall only cover the products which 
are physically on the fields and which are actually green harvested. 
Compensation amounts, comprising both the Union financial assistance 
and the producer organisation contribution for green harvesting and 
non-harvesting shall be per hectare payments set by the Member State 
under point (a) of the first paragraph of Article 49 at a level to cover not 
more than 90 % of the maximum support level for market withdrawals 
applicable to withdrawals for destinations other than free distribution as 
referred to in Article 34(4) of Regulation (EU) No 1308/2013.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 31  
5. Producer organisations and associations of producer organisations 
shall notify the competent authorities of the Member State in writing or 
by electronic means in advance of an intention of green harvesting or 
non-harvesting.  
Article 49  
Obligations of the Member States  
Member States shall adopt:  
(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 im ­
plementation of the measures.  
Member States shall check that the measures are carried out correctly, 
including in relation to the provisions referred to in points (a) and (b) of 
the first paragraph. If Member States find that the measures have not 
been carried out correctly, they shall not approve the application of the 
measures.  
S e c t i o n 7  
H a r v e s t i n s u r a n c e  
Article 50  
Objective of harvest insurance actions  
Actions relating to harvest insurance as referred to in point (h) of the 
first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 
shall contribute to safeguarding producers' incomes and to covering 
market losses incurred by the producer organisation or its members 
where they are affected by natural disasters, climatic events and, 
where applicable, diseases or pest infestations.  
Article 51  
Implementation of harvest insurance actions  
1. Member States shall adopt detailed provisions on the implemen ­
tation of harvest insurance actions, including provisions necessary to 
ensure that harvest insurance actions do not distort competition in the 
insurance market.  
2. Member States may grant additional national financing to support 
harvest insurance actions which are benefiting from the operational 
fund. However, total public support for harvest insurance shall not 
exceed:  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 32  
(a) 80 % of the cost of the insurance premiums paid for by producers 
for insurance against losses as a result of adverse climatic events 
which can be assimilated to natural disasters;  
(b) 50 % of the cost of the insurance premiums paid for by producers 
for insurance against:  
(i) losses referred to in point (a) and against other losses caused by 
adverse climatic events; and  
(ii) losses caused by animal or plant diseases or pest infestations.  
The limit set out in point (b) of the first subparagraph shall apply even 
in cases where the operational fund is otherwise eligible for 60 % Union 
financial assistance pursuant to Article 34(3) of Regulation (EU) No 
1308/2013.  
3. Harvest insurance actions shall not cover insurance payments 
which compensate producers for more than 100 % of the income loss 
suffered, taking into account any compensation the producers obtain 
from other support schemes related to the insured risk.  
▼M1 
S e c t i o n 8  
S u p p o r t r e l a t e d t o c o a c h i n g  
Article 51a  
Implementation of coaching measures  
1. For the purposes of Article 33(3)(i) of Regulation (EU) No 
1308/2013, the following coaching measures shall be eligible for 
support:  
(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.  
2. The coaching provider shall be the association of producer organ ­
isations or the producer organisation. The coaching provider shall be the 
beneficiary of the support for coaching measures.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 33  
3. The coaching recipient shall be a recognised producer organisation 
or a producer group located in regions with an organisation rate lower 
than 20 %, for the three consecutive years preceding the implementation 
of the operational programme.  
Individual producers, non-members of a producer organisation or their 
associations, may be coaching recipients even if they are located in 
regions with organisation rate above 20 %.  
4. The expenditure related to coaching shall be part of the crisis 
prevention and management measures of the operational programme 
referred to in Article 33(3) of Regulation (EU) No 1308/2013.  
Eligible costs related to coaching are listed in Annex III to this Regu ­
lation.  
All costs identified in Annex III shall be paid to the coaching provider.  
5. Coaching measures shall not be outsourced.  
▼B 
CHAPTER IV  
National financial assistance  
▼M1 
Article 52  
Conditions for the application of national financial assistance  
1. For the purposes of Article 35(1) of Regulation (EU) No 
1308/2013, the degree of organisation of producers in a region of a 
Member State shall be calculated on the basis of the value of fruit 
and vegetables produced in the region concerned and marketed by:  
(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 Regu ­
lation (EU) No 1305/2013.  
For the purpose of the calculation, the value established as referred to in 
the first subparagraph shall be divided by the total value of the fruit and 
vegetables produced in that region.  
2. The value of fruit and vegetables produced in the region 
concerned and marketed by the organisations, associations and groups 
referred to in points (a) and (b) of the first subparagraph of paragraph 1 
shall only include those products for which those organisations, associ ­
ations and groups are recognised. Article 22 shall apply mutatis 
mutandis.  
For the calculation of the total value of the fruit and vegetables 
produced in that region, the methodology set out in Annex I to Regu ­
lation (EC) No 138/2004 of the European Parliament and of the Coun ­
cil (  1 ) shall apply  mutatis mutandis . ▼M1 
( 1 ) Regulation (EC) No 138/2004 of the European Parliament and of the Council 
of 5 December 2003 on the economic accounts for agriculture in the 
Community (OJ L 33, 5.2.2004, p. 1).
 02017R0891 — EN — 01.01.2019 — 002.001 — 34  
3. Only fruit and vegetables produced in the region referred to in 
paragraph 4 shall benefit from national financial assistance.  
4. Member States shall define the regions as a distinct part of their 
territory in accordance with objective and non-discriminatory criteria, 
such as their agronomic and economic characteristics and their regional 
agricultural/fruit and vegetable potential, or their institutional or admin ­
istrative structure and for which data are available in order to calculate 
the degree of organisation referred to in paragraph 1.  
The regions defined by a Member State shall not be amended at least 
for five years unless such amendment is objectively justified, in 
particular for reasons that are not related to the calculation of the 
degree of organisation of producers in the region or regions concerned.  
5. Before granting national financial assistance, Member States shall 
notify the Commission of the list of the region(s) that meet the criteria 
referred to in paragraphs (1) and (2) of Article 35 of Regulation (EU) 
No 1308/2013, and of the amount of national financial assistance to be 
granted to the producer organisations in those regions.  
Member States shall notify the Commission of any amendment of the 
region(s) that meet the criteria referred to in paragraphs (1) and (2) of 
Article 35 of Regulation (EU) No 1308/2013.  
▼B 
Article 53  
Amendments to the operational programme  
A producer organisation wishing to apply for national financial 
assistance shall, if necessary, amend its operational programme 
pursuant to Article 34.  
CHAPTER V  
General provisions  
S e c t i o n 1  
N o t i f i c a t i o n s a n d r e p o r t s  
Article 54  
Member States' notifications concerning producer organisations, 
associations of producer organisations and producer groups  
Member States shall notify the Commission of the following 
information and documents:  ▼M1
 02017R0891 — EN — 01.01.2019 — 002.001 — 35  
(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 organis ­
ations 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 forth ­
coming 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.  
Article 55  
Member States' notifications concerning producer prices of fruit 
and vegetables on the internal market  
1. Member States shall notify the Commission, by 12.00 hours 
(Brussels time) each Wednesday of the weighted average recorded 
prices for fruit and vegetables listed in Annex VI during the previous 
week, where data are available.  
For fruit and vegetables covered by the general marketing standard set 
out in Part A of Annex I to Implementing Regulation (EU) No 
543/2011, only prices of products meeting that standard shall be 
notified, whereas prices for products covered by a specific marketing 
standard set out in Part B of that Annex shall only concern products of 
class I.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 36  
Member States shall notify a single weighted average price 
corresponding to the types and varieties of products, sizes and presen ­
tations specified in Annex VI to this Regulation. Where recorded prices 
concern other types, varieties, sizes or presentations than those specified 
in that Annex, Member States shall notify the Commission of the types, 
varieties, sizes and presentations of the products to which prices 
correspond.  
Notified prices shall be ex-packaging station, sorted, packaged and, 
where applicable, on pallets, expressed in euro per 100 kilograms net 
weight.  
2. Member States shall identify representative markets in the 
production area of the fruit and vegetables concerned. Member States 
shall notify the Commission of the representative markets and their 
weight in the average with the first notification or when they modify 
them. Member States may notify other prices on a voluntary basis.  
S e c t i o n 2  
M o n i t o r i n g a n d e v a l u a t i o n o f o p e r a t i o n a l 
p r o g r a m m e s a n d o f n a t i o n a l s t r a t e g i e s 
▼M1 
Article 56  
Indicators  
1. The operational programmes and the national strategies shall be 
subject to monitoring and evaluation aimed at assessing the progress 
made in achieving the objectives set in the operational programmes, as 
well as their efficiency and the effectiveness in relation to those objec ­
tives.  
2. Progress, efficiency and effectiveness referred to in paragraph 1 
shall be assessed throughout the implementation of the operational 
programme on the basis of indicators, set out in Section 4 of Annex 
II to Implementing Regulation (EU) 2017/892, relating to actions and 
measures implemented by recognised producer organisations, associ ­
ations of producer organisations, transnational associations of producer 
organisations and producer groups during the operational programmes.  
▼B 
Article 57  
Monitoring and evaluation procedures in relation to operational 
programmes  
1. Producer organisations and associations of producer organisations 
shall establish a system to collect, record and maintain information for 
the compilation of the applicable indicators for the monitoring and 
evaluation of the operational programmes.  
2. The monitoring exercise shall be carried out in such a way that its 
results:  
(a) verify the quality of programme implementation;  
(b) identify any need for adjustments or review of the operational 
programme;  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 37  
(c) provide information for reporting requirements.  
▼B 
3. Evaluation shall take the form of a report in the last but one year 
of the implementation of the operational programme as referred in 
Article 21(4) of Implementing Regulation (EU) 2017/892.  
▼M1 
The evaluation exercise shall examine the progress made in relation to 
the overall objectives of the programme, based on indicators set out in 
Section 4 of Annex II to Implementing Regulation (EU) 2017/892.  
▼B 
Where applicable, the evaluation exercise shall include a qualitative 
assessment of the results and the impact of the environmental actions 
aimed at:  
(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.  
The results of the exercise shall be used to:  
(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.  
▼M1 
The evaluation report shall be attached to the corresponding annual 
report referred to in Article 21 of the Implementing Regulation (EU) 
2017/892.  
▼B 
Article 58  
Monitoring and evaluation procedures in relation to the national 
strategy  
1. Member States shall establish a system to collect, record and 
maintain information in electronic form adequate for the purpose of 
compiling the indicators referred to in Article 56. To this end, they 
shall use the information transmitted by the producer organisations 
and associations of producer organisations in relation to the monitoring 
and the evaluation of their operational programmes.  
2. Monitoring shall be ongoing in order to assess the progress made 
towards achieving the objectives of the operational programmes. For 
this purpose, use shall be made of the information provided in the 
annual reports transmitted by the producer organisations and associ ­
ations of producer organisations. The monitoring exercise shall be 
carried out in such a way that its results:  ▼M1
 02017R0891 — EN — 01.01.2019 — 002.001 — 38  
(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.  
3. Evaluation shall be aimed at assessing the progress made towards 
the overall objectives of the strategy. For this purpose, use shall be 
made of the results of the monitoring and evaluation of the operational 
programmes as indicated in the annual and last but one annual reports 
transmitted by the producer organisations. The results of the evaluation 
exercise shall be used to:  
(a) improve the quality of the strategy;  
(b) identify any need for substantive change of the strategy.  
The evaluation shall include an evaluation exercise carried out in 2020. 
Its results shall be part of the same year annual national report referred 
to in Article 54(b). The report shall examine the degree of utilisation of 
financial resources, the efficiency and effectiveness of the operational 
programmes implemented, and assess the effects and impact of those 
programmes, in relation to the objectives, targets and measures set by 
the strategy and, where applicable, other objectives set in Article 33(1) 
of Regulation (EU) No 1308/2013.  
S e c t i o n 3  
A d m i n i s t r a t i v e p e n a l t i e s  
Article 59  
Non-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 5 and 7, Article 11(1) and (2) and Article 17, it shall send to 
the producer organisation in question no later than two months after the 
failure has been identified, by registered delivery, a warning letter 
stating the failure identified, the corrective measures required and the 
time periods within which these measures have to be taken, which shall 
not exceed four 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 take the corrective measures 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 start immediately after the expiry of the time 
period fixed for taking those corrective measures and 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.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 39  
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 calendar month or part thereof during which 
recognition is suspended.  
The suspension shall end on the day of the check which confirms 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 hori ­
zontal national legislation which may provide for the suspension of 
recognition following the commencement of connected legal 
proceedings. Outstanding aid concerning the period during which the 
failure has been identified 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 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 two months after the failure has been established, by 
registered delivery, a warning letter stating the failure identified, the 
corrective measures required and the time periods within which these 
measures have to be taken, which shall not exceed four 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 calendar month, or part thereof, following the expiry of 
that time period. This is without prejudice to the application of hori ­
zontal national legislation which may provide for the suspension of such 
an action following the commencement of connected legal proceedings.  
6. Member States shall withdraw recognition if the producer organ ­
isation does not prove compliance with the minimum volume or value 
of marketed production criteria as required by Article 154(1)(b) of 
Regulation (EU) No 1308/2013 by 15 October of the second year 
following the year in which those criteria were not complied with. 
Withdrawal shall take 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. Outstanding aid 
concerning the period during which the failure has been identified shall 
not be paid and unduly paid aid shall be recovered.  
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 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 the minimum volume or value of marketable production 
for this producer organisation.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 40  
7. In cases where paragraphs 1, 2, 4 and 5 apply, Member States 
may make payments after the deadline set out in Article 10 of Imple ­
menting Regulation (EU) 2017/892. However, these payments shall not 
be made later than 15 October of the second year following the year of 
implementation of the programme.  
8. Paragraphs 1 to 5 shall apply  mutatis mutandis  in cases of failure 
by a producer organisation to provide the Member State with the 
information required under Article 21 of Implementing Regulation 
(EU) 2017/892.  
Article 60  
Fraud  
1. Member States shall suspend payments to and the recognition of a 
producer organisation or an association of producer organisations, which 
are under investigation by a national authority in connection with a 
charge of fraud in respect of aid covered by Regulation (EU) No 
1308/2013, until the charge has been determined.  
2. Where a producer organisation or an association of producer 
organisations has committed fraud in respect of aid covered by Regu ­
lation (EU) No 1308/2013, Member States shall, without prejudice to 
any other penalties applicable under Union and national legislation:  
(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.  
Article 61  
Penalty for ineligible amounts  
1. Payments shall be calculated on the basis of eligible actions.  
2. The Member State shall examine the aid application, and establish 
the amounts that are eligible for support. It shall establish the amount 
that: 
(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.  
3. If the amount established pursuant to paragraph 2(a) exceeds the 
amount established pursuant to paragraph 2(b) by more than 3 %, a 
penalty shall be applied. The amount of the penalty shall be the 
difference between the amounts calculated pursuant to paragraph 2(a) 
and (b). However, no penalty shall be applied if the producer organis ­
ation is able to demonstrate that it is not responsible for the inclusion of 
the ineligible amount.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 41  
4. Paragraphs 2 and 3 shall apply  mutatis mutandis  to ineligible 
expenditure identified during on-the-spot or subsequent checks.  
5. If the value of marketed production is declared and checked before 
the application for aid, the declared and approved values shall be used 
when establishing the amounts pursuant to paragraph 2(a) and (b), 
respectively.  
6. Where at the end of the operational programme, the conditions 
referred to in Article 33(5)(b) of Regulation (EU) No 1308/2013 have 
not been complied with, the total amount of support for the last year of 
the operational programme shall be reduced in proportion to the amount 
of expenditure not incurred on environmental actions.  
Article 62  
Administrative penalties following first-level checks on withdrawal 
operations  
1. If, following the check referred to in Article 29 of Implementing 
Regulation (EU) 2017/892, non-compliances are found with regard to 
the marketing standards or the minimum requirements referred to in 
Article 15 of Implementing Regulation (EU) 2017/892, exceeding the 
established tolerances, the producer organisation concerned shall be 
required to pay a penalty calculated according to the proportion of 
the withdrawn products not complying:  
(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 with ­
drawn, 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.  
2. The penalties referred to in paragraph 1 shall apply without 
prejudice to any penalty applied pursuant to Article 61.  
Article 63  
Administrative penalty applicable to producer organisations 
regarding withdrawal operations  
Expenditure for withdrawal operations shall not be eligible if the 
products have not been disposed of as provided for by the Member 
State under Article 46(1) or if the operation had a negative impact on 
the environment or any negative phytosanitary consequences, without 
prejudice to any penalty applied pursuant to Article 61.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 42  
Article 64  
Administrative penalties applicable to recipients of products 
withdrawn from the market  
Where irregularities attributable to the recipients of products withdrawn 
from the market are detected during checks made in accordance with 
Articles 29 and 30 of Implementing Regulation (EU) 2017/892, those 
recipients:  
(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.  
The exclusion provided for in point (a) of the first paragraph shall take 
effect immediately and last for at least one year with a possibility of 
extension.  
Article 65  
Administrative penalties in relation to green harvesting and non- 
harvesting  
1. If the producer organisation has not fulfilled its obligations with 
regard to green harvesting, it shall pay by way of penalty the amount of 
the compensation relating to the areas for which the obligation has not 
been respected. A failure to fulfil obligations shall include cases where:  
(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.  
2. If the producer organisation has not fulfilled its obligations with 
regard to non-harvesting, it shall pay, by way of penalty, the amount of 
the compensation relating to the areas for which the obligation has not 
been respected. A failure to fulfil obligations shall include cases where:  
(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.  
Point (b) of the first subparagraph of this paragraph shall not apply 
where the second subparagraph of Article 48(3) applies.  
3. The penalties referred to in paragraphs 1 and 2 shall apply in 
addition to any penalty imposed pursuant to Article 61.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 43  
Article 66  
Preventing an on-the-spot check  
A request for recognition, approval of an operational programme or an 
aid application shall be rejected for the item or the part of expenditure 
concerned, if a producer organisation, including its members or relevant 
representatives, prevents an on-the-spot check from being carried out.  
Article 67  
Payment of recovered aid and penalties  
1. Producer organisations and associations of producer organisations 
or other operators concerned shall reimburse unduly paid aid with 
interest and pay the penalties provided for in this Section.  
The interest shall be calculated:  
(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 refi ­
nancing 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.  
2. Aid recovered, interest and penalties imposed shall be paid to the 
EAGF.  
CHAPTER VI  
Extension of rules  
Article 68  
Conditions for the extension of rules  
1. Article 164 of Regulation (EU) No 1308/2013 shall apply to 
products of the fruit and vegetables and processed fruit and vegetables 
sectors provided that the rules referred to in paragraph 4 of that Article:  
(a) have been in force for at least one year;  
(b) are made binding for no more than three years.  
However, Member States may derogate from the condition laid down in 
point (a) of the first subparagraph of this paragraph where the aim of the 
rules to be extended is one of those referred to in points (a), (e), (f), (h), 
(i) (j), (m) and (n) of the first subparagraph of Article 164(4) of Regu ­
lation (EU) No 1308/2013.  
2. The rules which are made binding on all producers in a specific 
economic area shall not apply to products delivered for processing 
under a contract signed before the beginning of the harvest, unless 
the extension of rules expressly covers such products, with the 
exception of the rules on market reporting referred to in point (a) of 
the first subparagraph of Article 164(4) of Regulation (EU) No 
1308/2013.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 44  
3. Rules of producer organisations or associations of producer organ ­
isations may not be made binding on producers of organic products 
covered by Regulation (EC) No 834/2007 unless they have been 
agreed by at least 50 % of producers covered by that Regulation in 
the economic area in which the producer organisation or the association 
of producer organisations operates and that organisation or association 
covers at least 60 % of such production of that area.  
4. The rules referred to in point (b) of the first subparagraph of 
Article 164(4) of Regulation (EU) No 1308/2013 shall not apply to 
products which were produced outside the specific economic area 
referred to in Article 164(2) of that Regulation.  
Article 69  
National rules  
1. For the purposes of Article 164(2) of Regulation (EU) No 
1308/2013, Member States may decide that the economic area that is 
taken into account in the case of extension of rules of an interbranch 
organisation is a region or the entire national territory where production 
and marketing conditions are homogenous.  
2. For the purpose of determining representativeness of producer 
organisations and associations of producer organisations within the 
meaning of Article 164(3) of Regulation (EU) No 1308/2013, 
Member States shall lay down rules excluding:  
(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.  
Article 70  
Notification of extension of rules and economic areas  
1. When a Member State notifies rules it has made binding for a 
given product and economic area pursuant to Article 164(6) of Regu ­
lation (EU) No 1308/2013, it shall immediately inform the Commission 
of: 
(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 Regu ­
lation (EU) No 1308/2013;  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 45  
(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.  
2. Where a Member State has laid down national rules regarding 
representativeness in case of extension of rules of interbranch organis ­
ations pursuant to the second subparagraph of Article 164(3) of Regu ­
lation (EU) No 1308/2013, it shall notify those rules to the Commission 
and their justification together with the notification of the extension of 
rules itself.  
3. Before making the extended rules publicly available, the 
Commission shall inform Member States of those rules by any means 
it considers appropriate.  
Article 71  
Repeal of extension of rules  
The Commission shall adopt the decision referred to in Article 175(d) of 
Regulation (EU) No 1308/2013 requiring a Member State to repeal an 
extension of rules decided on by that Member State pursuant to 
Article 164(1) of that Regulation where it finds that:  
(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.  
The Commission's decision with regard to those rules shall apply from 
the date of the notification of such a finding to the Member State 
concerned.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 46  
Article 72  
Buyers of produce sold on the tree  
1. In cases where producers not belonging to a producer organisation 
sell their produce on the tree, the buyer shall, for the purposes of 
compliance with the rules regarding production reporting and marketing, 
be considered as having produced that produce.  
2. The Member State concerned may decide that rules other than 
those referred to in paragraph 1 may be made binding on buyers 
where they are responsible for the management of the production 
concerned.  
TITLE III  
TRADE WITH THIRD COUNTRIES ENTRY PRICE SYSTEM  
Article 73  
Definitions  
For the purposes of this Chapter:  
(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 (  1 ). 
Article 74  
Notification of prices and quantities of products imported  
1. For each product and for the periods set out in Part A of 
Annex VII, for each market day and origin, Member States shall 
notify the Commission, by 12.00 noon (Brussels time) the following 
working day, of:  
(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).  
For the purposes of point (a) of the first subparagraph, Member States 
shall notify the Commission of the import markets they consider rep ­
resentative and which shall include London, Milan, Perpignan and 
Rungis.  
Where the total quantities referred to in point (b) of the first subpara ­
graph are less than 10 tonnes, the corresponding prices shall not be 
notified to the Commission.  ▼B 
( 1 ) 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).
 02017R0891 — EN — 01.01.2019 — 002.001 — 47  
2. The prices referred to in point (a) of the first subparagraph of 
paragraph 1 shall be recorded:  
(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.  
They shall be reduced by the following amounts:  
(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.  
For the costs of transport and insurance to be deducted pursuant to the 
second subparagraph, Member States may fix standard amounts for 
deduction. Such standard amounts and the methods for calculating 
them shall be notified to the Commission immediately.  
3. The prices recorded in accordance with paragraph 2 shall, where 
they are established at the wholesale/retail stage, be reduced by:  
(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.  
4. For products listed in Part A of Annex VII covered by a specific 
marketing standard, the following prices shall be deemed to be repre ­
sentative:  
(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.  
The adjustment coefficient referred to in point (c) of the first subpara ­
graph shall be applied after deduction of the amounts referred to in 
paragraph 2.  
For products listed in Part A of Annex VII that are not covered by a 
specific marketing standard, prices of products complying with the 
general marketing standard shall be deemed to be representative.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 48  
Article 75  
Entry price basis  
1. For the purposes of Article 181(1) of Regulation (EU) No 
1308/2013, the products of the fruit and vegetables and processed 
fruit and vegetables sectors referred to in that Article shall be those 
listed in Annex VII to this Regulation.  
2. When the customs value of the products listed in Part A of Annex 
VII is determined in accordance with the transaction value referred to in 
Article 70 of Regulation (EU) No 952/2013 and that customs 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 
provide a guarantee as referred to in Article 148 of Commission Im ­
plementing Regulation (EU) 2015/2447 (  1 ). For this purpose, the amount 
of import duty for which the products listed in Part A of Annex VII to 
this Regulation may 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 Three 
of Annex I to Council Regulation (EEC) No 2658/87 (  2 ), or 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 providing 
a guarantee.  
3. When the customs value of the products listed in Part A of Annex 
VII is calculated in accordance with Article 74(2)(c) of Regulation (EU) 
No 952/2013, the duty shall be deducted as provided for in Article 38(1) 
of Implementing Regulation (EU) 2017/892. In that case, the importer 
shall provide a guarantee 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 customs value of the goods imported on consignment shall be 
directly determined in accordance with Article 74(2)(c) of Regulation 
(EU) No 952/2013, and for this purpose, the standard import value 
calculated in accordance with Article 38 of Implementing Regulation 
(EU) 2017/892 shall apply 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 70 of Regulation (EU) 
No 952/2013, or to determine the customs value referred to in 
Article 74(2)(c) of that Regulation.  ▼B 
( 1 ) Commission Implementing Regulation (EU) 2015/2447 of 24 November 
2015 laying down detailed rules for implementing certain provisions of Regu ­
lation (EU) No 952/2013 of the European Parliament and of the Council 
laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558). 
( 2 ) 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).
 02017R0891 — EN — 01.01.2019 — 002.001 — 49  
Failure to meet one of these deadlines shall entail the loss of the 
guarantee provided, without prejudice to the application of paragraph 6.  
The guarantee provided shall be released to the extent that proof of the 
conditions of disposal is provided to the satisfaction of the customs 
authorities. Otherwise the guarantee 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 of Implementing 
Regulation (EU) No 543/2011 require the product variety or the type of 
the fruit and vegetables to be indicated on the packaging, the product 
variety or the 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 105 of Regulation 
(EU) No 952/2013. 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.  
TITLE IV  
GENERAL, TRANSITIONAL AND FINAL PROVISIONS  
Article 76  
National penalties  
Without prejudice to any penalties set out in Regulation (EU) No 
1306/2013, Regulation (EU) No 1308/2013, this Regulation or Imple ­
menting Regulation (EU) 2017/892, Member States shall apply penalties 
at national level in relation to irregularities with regard to requirements 
set out in those regulations, including in respect of producer organis ­
ations not implementing an operational programme. Those penalties 
shall be effective, proportionate and dissuasive so that they provide 
adequate protection for the financial interests of the Union.  
Article 77  
Notifications  
1. Member States shall designate a single competent authority or 
body responsible for fulfilling the notification obligations with respect 
to each one of the following topics:  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 50  
(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.  
2. Member States shall notify the Commission of the designation and 
the contact details of the authority or body concerned, and every change 
of this information.  
The list of the designated authorities or bodies containing their names 
and addresses shall be made available to the Member States and to the 
public by every appropriate means via the information systems put in 
place by the Commission, including publication on the internet.  
3. The notifications provided for in this Regulation and in Implemen ­
ting Regulation (EU) 2017/892 shall be made in accordance with 
Commission Regulation (EC) No 792/2009 (  1 ). 
4. If a Member State fails to make a notification as required under 
Regulation (EU) No 1308/2013, this Regulation or Implementing Regu ­
lation (EU) 2017/892, or if the notification appears incorrect in the light 
of objective facts in the Commission's possession, the Commission may 
suspend part or all of the monthly payments referred to in Article 17 of 
Regulation (EU) No 1306/2013 as regards the fruit and vegetables 
sector until the notification is made correctly.  
Article 78  
Notification of  force majeure  
For the purposes of Articles 59(7) and 64(2)(a) of Regulation (EU) No 
1306/2013, any case of  force majeure  shall be notified to the competent 
authority of the Member State, with relevant evidence to the satisfaction 
of that authority, within 30 working days of the date on which the case 
of force majeure  took place.  
Article 79  
Amendment of Implementing Regulation (EU) No 543/2011  
Implementing Regulation (EU) No 543/2011 is amended as follows:  ▼B 
( 1 ) Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down 
detailed rules for the Member States' notification to the Commission of 
information and documents in implementation of the common organisation 
of the markets, the direct payments' regime, the promotion of agricultural 
products and the regimes applicable to the outermost regions and the 
smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).
 02017R0891 — EN — 01.01.2019 — 002.001 — 51  
(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.  
Article 80  
Transitional provisions  
1. Without prejudice to Article 34, at the request of a producer 
organisation or association of producer organisations an operational 
programme approved under Implementing Regulation (EU) No 
543/2011 may:  
(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 Regu ­
lation (EU) No 1308/2013, this Regulation and Implementing Regu ­
lation (EU) 2017/892.  
2. By way of derogation from Article 23, the ceiling on Union 
financial assistance for 2017 shall be as calculated under Implementing 
Regulation (EU) No 543/2011.  
3. As regards producer groups formed pursuant to Article 125e of 
Regulation (EC) No 1234/2007, the deleted provisions of Implementing 
Regulation (EU) No 543/2011 as referred to in Article 79 of this Regu ­
lation shall continue to apply until those producer groups have been 
recognised as producer organisations or the Member State concerned 
has recovered the aid paid pursuant to Article 116(2) of Implementing 
Regulation (EU) No 543/2011.  
Article 81  
Entry into force and application  
This Regulation shall enter into force on the seventh day following that 
of 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.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 52  
ANNEX I  
Processed products referred to in Article 22(2)  
Category  CN code  Description  
Fruit juices  ex 2009  Fruit juices, excluding grape juice and grape must of subheadings 2009 61 and 
2009 69, banana juice of subheading ex 2009 80 and concentrated juices, unfer ­
mented and not containing added spirit, whether or not containing added sugar or 
other sweetening matter. 
Concentrated fruit juices are fruit juices coming under heading ex 2009 obtained by 
the physical removal of at least 50 % of the water content, in packings of a net 
content of not less than 200 kg.  
Tomato 
concentrate  ex 2002 90 31 
ex 2002 90 91  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  ex 0710  Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding 
sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of 
the genus  Capsicum  or of the genus  Pimenta  of subheading 0710 80 59.  
ex 0811  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 ex 0811 90 95.  
ex 2004  Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
frozen, other than the products of heading 2006, excluding sweetcorn  (Zea mays  
var. saccharata)  of subheading ex 2004 90 10, olives of subheading ex 2004 90 30 
and potatoes prepared or preserved in the form of flour, meal or flakes of 
subheading 2004 10 91.  
Canned fruit and 
vegetables  ex 2001  Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by 
vinegar or acetic acid, excluding: 
— fruit of the genus  Capsicum  other than sweet peppers or pimentos of 
subheading 2001 90 20 
— sweetcorn  (Zea mays  var.  saccharata)  of subheading 2001 90 30 
— yams, sweet potatoes and similar edible parts of plants containing 5 % or more 
by weight of starch of subheading 2001 90 40 
— palm hearts of subheading 2001 90 60 
— olives of subheading 2001 90 65 
— vine leaves, hop shoots and other similar edible parts of plants falling within 
subheading ex 2001 90 97.  
ex 2002  Tomatoes prepared or preserved otherwise than by vinegar or acetic acid excluding 
tomato concentrate of subheadings ex 2002 90 31 and ex 2002 90 91 described 
above.  
ex 2005  Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, 
not frozen, other than products of heading 2006 excluding olives of subheading 
2005 70, sweetcorn  (Zea mays  var. saccharata)  of subheading 2005 80 00 and fruit 
of the genus  Capsicum,  other than sweet peppers or pimentos of subheading 
2005 99 10 and potatoes prepared or preserved in the form of flour, meal or 
flakes of subheading 2005 20 10.  
ex 2008  Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, 
whether or not containing added sugar or other sweetening matter or spirit, not 
elsewhere specified or included, excluding:  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 53  
Category  CN code  Description  
— peanut butter of subheading 2008 11 10 
— other nuts, otherwise prepared or preserved, whether or not containing added 
sugar or other sweetening matter, not elsewhere specified or included, of 
subheading ex 2008 19 
— palm hearts of subheading 2008 91 00 
— maize of subheading 2008 99 85 
— yams, sweet potatoes and similar edible parts of plants, containing 5 % or more 
by weight of starch of subheading 2008 99 91 
— vine leaves, hop shoots and other similar edible parts of plants falling within 
subheading ex 2008 99 99 
— mixtures of banana otherwise prepared or preserved of subheadings 
ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98 
— bananas otherwise prepared or preserved of subheadings ex 2008 99 49, 
ex 2008 99 67 and ex 2008 99 99.  
Canned 
mushrooms  2003 10  Mushrooms of the genus  Agaricus  prepared or preserved otherwise than by vinegar 
or acetic acid.  
Fruits 
provisionally 
preserved in 
brine  ex 0812  Fruit and nuts, provisionally preserved in brine, but unsuitable in that state for 
immediate consumption, excluding bananas provisionally preserved falling within 
subheading ex 0812 90 98.  
Dried fruits  ex 0813 
0804 20 90 
0806 20 
ex 2008 19  Fruit, dried, other than that of headings 0801 to 0806. 
Dried figs. 
Dried grapes. 
Other nuts, otherwise prepared or preserved, whether or not containing added sugar 
or other sweetening matter, not elsewhere specified or included, excluding tropical 
nuts and their mixtures.  
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  ex 0910 
ex 1211  Dried thyme. 
Basil, melissa, mint,  Origanum vulgare  (oregano/wild marjoram), rosemary, sage, 
dried, whether or not cut, crushed or powdered.  
Paprika powder  ex 0904  Pepper of the genus  Piper ; dried or crushed or ground fruits of the genus  Capsicum  
or of the genus  Pimenta , excluding sweet peppers falling within subheading 
0904 20 10.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 54  
ANNEX II  
List of actions and expenditure not eligible under operational programmes 
referred to in Article 31(1)  
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).  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 55  
19. Investments or similar types of actions not on the holdings and/or premises 
of the producer organisation, association of producer organisations, or their 
producer members or a subsidiary in the situation referred to in Article 22(8).  
▼M1 
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.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 56  
ANNEX III  
Non-exhaustive list of actions and expenditure eligible under operational 
programmes referred to in Article 31(1)  
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 specific costs referred to in the first paragraph, 
in order to calculate additional costs compared with conventional ones, 
Member States may fix, in a duly justified way, standard flat-rates or 
scales of unit costs.  
2. Administrative and personnel costs relating to the implementation of opera ­
tional 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 180 000, 
comprising both the Union financial assistance and the producer organ ­
isation contribution.  
In the case of operational programmes submitted by recognised associ ­
ations 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 1 250 000 
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:  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 57  
(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 organ ­
isations; 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 accom ­
modation costs, where applicable, on a standard flat-rate or scales of unit 
costs basis.  
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 (  1 ); or 
(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.  ▼B 
( 1 ) 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).
 02017R0891 — EN — 01.01.2019 — 002.001 — 58  
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 excep ­
tional and duly justified cases, a higher percentage can be fixed for oper ­
ations 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 alter ­
native 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.  
▼M1 
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 partici ­
pation 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.  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 59  
ANNEX IV  
Maximum amounts of support for market withdrawals as referred to in 
Article 45(1)  
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  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 60  
ANNEX V  
Information to be included in the annual report of Member States as 
referred to in Article 54(b)  
All information shall relate to the calendar year being reported on. It shall cover 
information on checks executed and administrative penalties applied in respect of 
that. As regards the information that varies during the year the annual report 
should reflect the state of play on 31 December of the year reported on.  
PART A — INFORMATION FOR MARKET MANAGEMENT  
1. Administrative information:  
(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.  
2. Information related to producer organisations, associations of producer organ ­
isations, transnational associations of producer organisations, and producer 
groups:  
(a) total number of recognised/suspended producer organisations, associations 
of producer organisations, transnational associations of producer organisa ­
tions, and producer groups. In addition:  
(i) for associations of producer organisations: number of producer organ ­
isations 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 organ ­
isations, 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/rec ­
ognition 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 indi ­
cation of their value and volume);  
(h) area under fruit and vegetable production.  
3. Information related to expenditures:  
(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);  ▼M1
 02017R0891 — EN — 01.01.2019 — 002.001 — 61  
(b) total actual expenditures of operational programmes for producer organ ­
isations, associations of producer organisations and transnational associ ­
ations 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)).  
4. Information relating to monitoring of operational programmes and recognition 
plans:  
(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.  
PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS  
Information on checks and administrative penalties:  
(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.  ▼M1
 02017R0891 — EN — 01.01.2019 — 002.001 — 62  
ANNEX VI  
Price notification referred to in Article 55(1)  
Product  Type/variety  Presentation/size  Representative 
Markets  
Tomatoes  Round  Size 57-100 mm, in bulk in packages of around 
5-6 kg  Belgium 
Greece 
Spain 
France 
Italy 
Hungary 
The Netherlands 
Poland 
Portugal 
Romania  Trusses  in bulk in packages of around 3-6 kg  
Cherry  Trays of around 250-500 g  
Apricots  All types and varieties  Size 45-50 mm 
Trays or packages of around 6-10 kg  Bulgaria 
Greece 
Spain 
France 
Italy 
Hungary  
Nectarines  White flesh  Size A/B 
Trays or packages of around 6-10 kg  Greece 
Spain 
France 
Italy Yellow flesh  Size A/B 
Trays or packages of around 6-10 kg  
Peaches  White flesh  Size A/B 
Trays or packages of around 6-10 kg  Greece 
Spain 
France 
Italy 
Hungary 
Portugal  Yellow flesh  Size A/B 
Trays or packages of around 6-10 kg  
Table grapes  All types and varieties with 
seeds  Trays or packages of 1 kg  Greece 
Spain 
France 
Italy 
Hungary 
Portugal  Trays or packages of 1 kg  
All type and varieties 
seedless  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 63  
Product  Type/variety  Presentation/size  Representative 
Markets  
Pears  Blanquilla  Size 55/60, packages of around 5-10 kg  Belgium 
Greece 
Spain 
France 
Italy 
Hungary 
The Netherlands 
Poland 
Portugal  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  Golden delicious  Size 70/80, packages of around 5-20 kg  Belgium 
Czech Republic 
Germany 
Greece 
Spain 
France 
Austria  Braeburn  
Jonagold (or Jonagored)  
Idared  
Fuji 
Shampion  
Granny smith  
Red delicious and other red 
varieties  
Boskoop  
Gala  Size 70/80, packages of around 5-20 kg  France 
Italy 
Hungary 
The Netherlands 
Poland 
Portugal 
Romania  Elstar  
Cox orange  
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  Greece 
Spain 
Italy 
Clementines  All varieties  Sizes 1-X -3, packages of around 10-20 kg  Greece 
Spain 
Italy 
Mandarins  All varieties  Sizes 1 – 2, packages of around 10-20 kg  Greece 
Spain 
Italy 
Portugal  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 64  
Product  Type/variety  Presentation/size  Representative 
Markets  
Oranges  Salustiana  Size 3-6, kg packages of around 10-20 kg  Greece 
Spain 
Italy 
Portugal  Navelinas  
Navelate  
Lanelate  
Valencia late  
Tarocco  
Navel  
Courgettes  All varieties  Size 14-21, loose in the package  Greece 
Spain 
France 
Italy 
The Netherlands  
Cherries  All sweet varieties  Sizes 22 and over, loose in the package  Bulgaria 
Czech Republic 
Germany 
Greece 
Spain 
France 
Italy 
Hungary 
Poland 
Portugal 
Romania  
Cucumbers  Smooth varieties  Sizes 350-500 g, arranged in the package  Bulgaria 
Greece 
Spain 
France 
Italy 
Hungary 
The Netherlands 
Poland  
Garlic  White  Size 50-60 mm, packages of around 2-5 kg  Greece 
Spain 
France 
Italy 
Hungary  Violet  Size 45-55 mm, packages of around 2-5 kg  
Spring  Size 50-60 mm, packages of around 2-5 kg  
Plums  All types and varieties  Size 35 mm and over  Bulgaria 
Germany 
Spain 
France 
Italy 
Hungary 
Poland 
Romania  Size 35 mm and over  
Size 40 mm and over  
Size 40 mm and over  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 65  
Product  Type/variety  Presentation/size  Representative 
Markets  
Sweet 
peppers  All types and varieties  Size 70 mm and over  Bulgaria 
Greece 
Spain 
Italy 
Hungary 
The Netherlands 
Portugal  Size 50 mm and over  
Size 40 mm and over  
Lettuces  All types and varieties  Size 400 g and over, packages of 8 – 12  Germany 
Greece 
Spain 
France 
Italy 
The Netherlands 
Portugal 
United Kingdom  Size 400 g and over, packages of 8 – 12  
Strawberries  All varieties  Packages of 250/500 g  Belgium 
Germany 
Spain 
France 
Italy 
The Netherlands 
Poland 
Portugal 
United Kingdom  
Cultivated 
mushrooms  Closed  Medium sized (30-65 mm)  Ireland 
Spain 
France 
Hungary 
The Netherlands 
Poland 
United Kingdom  
Kiwis  Hayward  Sizes 105-125 g, packages of around 3-10 kg  Greece 
France 
Italy 
Portugal  
Cauliflowers  All types and varieties  Size 16-20 mm  Germany 
Spain 
France 
Italy 
Poland  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 66  
Product  Type/variety  Presentation/size  Representative 
Markets  
Asparagus  All types and varieties  Size 10-16/16+  Germany 
Spain 
France 
The Netherlands 
Poland  
Eggplants 
(aubergines)  All types and varieties  Size 40+/70+  Spain 
Italy 
Romania  
Carrots  All types and varieties  usual standards in the representative market  Germany 
Spain 
France 
Italy 
The Netherlands 
Poland 
United Kingdom  
Onions  All types and varieties  Size 40-80  Germany 
Spain 
France 
Italy 
The Netherlands 
Poland 
United Kingdom  
Beans  All types and varieties  usual standards in the representative market  Belgium 
Greece 
Spain 
France 
Italy 
Poland  
Leeks  All types and varieties  usual standards in the representative market  Belgium 
Germany 
Spain 
France 
The Netherlands 
Poland  
Water melons  All types and varieties  usual standards in the representative market  Greece 
Spain 
Italy 
Hungary 
Romania  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 67  
Product  Type/variety  Presentation/size  Representative 
Markets  
Melons  All types and varieties  usual standards in the representative market  Greece 
Spain 
France 
Italy 
Cabbages  All types and varieties  usual standards in the representative market  Germany 
Greece 
Spain 
France 
Poland 
Romania 
United Kingdom  ▼B
 02017R0891 — EN — 01.01.2019 — 002.001 — 68  
ANNEX VII  
List of products for the purposes of the entry price system set out in Title III  
Without prejudice to the rules for the interpretation of the Combined Nomen ­
clature, the description of the products is deemed to be indicative only. For the 
purposes of this Annex, the scope of the arrangements provided for in the Title 
III is determined by the scope of the CN codes as they exist at the time of 
adoption of this Regulation. Where ‘ex’ appears before the CN code, the scope of 
the additional duties is determined both by the scope of the CN code and that of 
the description of the products, and the corresponding period of application  
PART A  
CN code  Description  Period of application  
ex 0702 00 00  Tomatoes  From 1 January to 31 December  
ex 0707 00 05  Cucumbers (1)  From 1 January to 31 December  
ex 0709 90 80  Artichokes  From 1 November to 30 June  
0709 90 70  Courgettes  From 1 January to 31 December  
ex 0805 10 20  Sweet oranges, fresh  From 1 December to 31 May  
ex 0805 20 10  Clementines  From 1 November to end of February  
ex 0805 20 30 
ex 0805 20 50 
ex 0805 20 70 
ex 0805 20 90  Mandarins (including tangerines and satsumas); 
wilking and similar citrus hybrids  From 1 November to end of February  
ex 0805 50 10  Lemons ( Citrus limon, Citrus limonum ) From 1 June to 31 May  
ex 0806 10 10  Table grapes  From 21 July to 20 November  
ex 0808 10 80  Apples  From 1 July to 30 June  
ex 0808 20 50  Pears  From 1 July to 30 April  
ex 0809 10 00  Apricots  From 1 June to 31 July  
ex 0809 20 95  Cherries, other than sour cherries  From 21 May to 10 August  
ex 0809 30 10 
ex 0809 30 90  Peaches, including nectarines  From 11 June to 30 September  
ex 0809 40 05  Plums  From 11 June to 30 September  
PART B  
CN code  Description  Period of application  
ex 0707 00 05  Cucumbers intended for processing  From 1 May to 31 October  
ex 0809 20 05  Sour cherries ( Prunus cerasus ) From 21 May to 10 August  ▼B