COMMISSION IMPLEMENTING REGULATION (EU) 2022/1863

of 5 October 2022

amending Implementing Regulation (EU) 2017/892 as regards market withdrawals for free distribution of fruits and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Article 38(h) thereof,

Whereas:

(1) Article 17 of Commission Implementing Regulation (EU) 2017/892 (2) lays down rules on the costs of sorting and packaging fruit and vegetables withdrawn from the market and intended for free distribution. Annex V thereof lays down flat-rate amounts for such costs. Commission Delegated Regulation (EU) 2017/891 (3), which lays down rules on the support for such a market withdrawal, sets out a limit to the costs of sorting and packaging fruit and vegetables withdrawn from the market for free distribution, in order to avoid overcompensation. The experience of Member States and producer organisations relating to the implementation of withdrawals, shows that the amounts fixed by Implementing Regulation (EU) 2017/892 for sorting and packing costs for market withdrawals for free distribution in the fruit and vegetables sector should not be considered as lump sums, but rather as maximum amounts which should not be exceeded and that in order to avoid overcompensation, the costs of sorting and packaging should not be eligible if the free distribution of fruits and vegetables takes place after processing.

(2) Implementing Regulation (EU) 2017/892 should therefore be amended accordingly.

(3) For reasons of equal treatment of producer organisations withdrawing from the market fruits and vegetables for free distribution during the production year 2022, the new calculation method should cover the entire harvesting period. As harvest of peaches and nectarines starts from April each year, this Regulation should therefore apply from 1 April 2022.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1 Amendment to Implementing Regulation (EU) 2017/892 In Article 17 of Implementing Regulation (EU) 2017/892, paragraph 1 is replaced by the following: ‘1. The costs of sorting and packaging of fruit and vegetables withdrawn from the market for free distribution shall be eligible under operational programmes, except if the free distribution of fruits and vegetables takes place after processing. For products in packages of less than 25 kilograms net weight, such costs shall not exceed the amounts set out in Annex V.’.

Article 2 Entry into force This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. It shall apply from 1 April 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 October 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors ((OJ L 138, 25.5.2017, p. 57).

(3) 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).