02017R0892 — GA — 01.01.2023 — 004.003

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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







CHAPTER I

PRODUCER ORGANISATIONS







SECTION 1

Introductory provision

Article 1

Subject matter and scope

1. This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors, with the exception of marketing standards.

2. Chapters I to V 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 solely for processing.







SECTION 2

Operational programmes

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SECTION 3

Aid

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CHAPTER II

CRISIS PREVENTION AND MANAGEMENT MEASURES

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CHAPTER IV

INFORMATION, REPORTS AND CHECKS







SECTION 1

Information and reports

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SECTION 2

Checks

Article 22

Unique identification system

Member States shall ensure that a unique identification system applies to producer organisations, associations of producer organisations and producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007 with regard to their aid applications. This identification system shall be compatible with the system for the identification of beneficiaries referred to in Article 73 of Regulation (EU) No 1306/2013.

Article 23

Submission procedures

Without prejudice to Articles 9, 24 and 25, Member States shall provide for procedures for the submission of aid applications, requests for recognition or approval of operational programmes, as well as payment claims.

Article 24

Granting of recognition

1. Prior to granting recognition to a producer organisation or association of producer organisations under Article 154(4)(a) or Article 156(1) of Regulation (EU) No 1308/2013, Member States shall carry out administrative and an on-the-spot checks on the producer organisation or association of producer organisations to verify compliance with the recognition criteria.

2. Member States shall carry out administrative and on-the-spot checks with regard to the recognition criteria which apply to all recognised producer organisations and associations of producer organisations at least once every five years even if the producer organisations or the associations of producer organisations do not implement an operational programme.

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CHAPTER V

EXTENSION OF RULES

Article 36

Financial contributions

Where a Member State decides, pursuant to Article 165 of Regulation (EU) No 1308/2013, that operators who do not belong to producer organisations, associations of producer organisations or interbranch organisations, but in respect of whom rules are made binding, shall pay a financial contribution, the Member State shall forward to the Commission the information needed to assess compliance with the conditions laid down in that Article. Such information shall include the basis on which the contribution is calculated, the unit amount thereof, the activities covered and their associated costs.

Article 37

Extensions beyond one year

1. Where it is decided to apply an extension of rules for a period exceeding one year, the Member States shall verify, in respect of each year, whether the conditions regarding representativeness laid down in Article 164(3) of Regulation (EU) No 1308/2013 have continued to be met throughout the period of application of the extension.

2. If Member States find that the conditions are no longer met, they shall repeal the extension with effect from the beginning of the following year.

3. Member States shall inform the Commission without delay of any repeal. The Commission shall make such information publicly available by the appropriate means.







CHAPTER VI

ENTRY PRICE SYSTEM AND IMPORT DUTIES

Article 38

Standard import values

1. For each product and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the Commission shall fix each working day and for each origin, a standard import value equal to the weighted average of the representative prices referred to in Article 74 of that Regulation, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.

2. Where a standard import value is established for the products and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, in accordance with Articles 74 and 75 of that Regulation and this Article, the unit price as referred to in Article 142 of Commission Implementing Regulation (EU) 2015/2447 ( 1 ) shall not apply. It shall be replaced by the standard import value referred to in paragraph 1.

3. Where no standard import value is in force for a product of a given origin, the weighted average of standard import values in force for that product shall apply.

4. During the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall remain applicable until they are changed. They shall cease to apply, however, where no average representative price has been notified to the Commission for two consecutive weeks.

Where, pursuant to the first subparagraph, no standard import value applies to a given product, the standard import value applicable to that product shall be equal to the last average standard import value.

5. By way of derogation from paragraph 1, where it has not been possible to calculate a standard import value, no standard import value shall be applicable from the first day of the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891.

6. The exchange rate applicable to the standard import value shall be the rate most recently published by the European Central Bank prior to the last day of the period for which prices are transmitted.

7. The standard import values expressed in euro shall be published by the Commission via TARIC ( 2 ).







CHAPTER VII

ADDITIONAL IMPORT DUTIES

Article 39

Levying of additional import duty

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1. An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product unless the imports are unlikely to disturb the Union market, or the effects of the additional import duty would be disproportionate to the intended objective.

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2. For each of the products listed in Annex VII and during the periods indicated in that Annex, Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 55 of Implementing Regulation (EU) 2015/2447.

3. The additional import duty shall be levied on quantities put into free circulation after the date of application of that duty, provided that: (a) their customs value determined in accordance with Article 74 of Delegated Regulation (EU) 2017/891 entails the application of the highest specific duties applicable to imports of the origin in question; and (b) the import takes place during the period of application of the additional import duty.

Article 40

Amount of additional import duty

The additional import duty applied in accordance with Article 39 shall be equivalent to one third of the customs duty specified in the Common Customs Tariff for the product in question.

However, for products benefiting from an import tariff preference as to ad valorem duty, the additional import duty shall be equivalent to one third of the specific customs duty for the product in question where Article 39(2) applies.

Article 41

Exemptions from additional import duty

1. The following goods are exempt from the additional import duty: (a) goods imported under a tariff quota; (b) goods that left the country of origin before the decision to apply the additional import duty, and which are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Union that was drawn up before application of the additional import duty.

2. Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 1(b) have been met.

Customs authorities may deem that goods left the country of origin before the date of application of the additional import duty if one of the following documents is provided for:

(a) sea transport, the bill of loading showing that loading took place before that date;

(b) rail transport, the waybill accepted by the rail authorities of the country of origin before that date;

(c) road transport, the road carriage contract (CMR) or another transit document issued in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Union transit or common transit are observed;

(d) air transport, the air way bill showing that the airline accepted the goods before that date.







CHAPTER VIII

FINAL PROVISIONS

Article 42

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.

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ANNEX VII

Products and periods for the application of additional import duties as referred to in Article 39

Without prejudice to the rules on the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the additional duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.







Order number CN code Description of products Period of application 78.0015 0702 00 00 Tomatoes From 1 October to 31 May 78.0020 From 1 June to 30 September 78.0065 0707 00 05 Cucumbers From 1 May to 31 October 78.0075 From 1 November to 30 April 78.0085 0709 91 00 Artichokes From 1 November to 30 June 78.0100 0709 93 10 Courgettes From 1 January to 31 December 78.0110 0805 10 20 Oranges From 1 December to 31 May 78.0120 0805 20 10 Clementines From 1 November to end of February 78.0130 0805 20 30 0805 20 50 0805 20 70 0805 20 90 Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids From 1 November to end of February 78.0155 0805 50 10 Lemons From 1 June to 31 December 78.0160 From 1 January to 31 May 78.0170 0806 10 10 Table grapes From 16 July to 16 November 78.0175 0808 10 80 Apples From 1 January to 31 August 78.0180 From 1 September to 31 December 78.0220 0808 30 90 Pears From 1 January to 30 April 78.0235 From 1 July to 31 December 78.0250 0809 10 00 Apricots From 1 June to 31 July 78.0265 0809 29 00 Cherries, other than sour From 16 May to 15 August 78.0270 0809 30 Peaches, including nectarines From 16 June to 30 September 78.0280 0809 40 05 Plums From 16 June to 30 September