Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96
Date: 2007-09-26
Institutions: Council of the European Union
Subjects: EU aid, common organisation of markets, export, financial aid, fruit, import licence, marketing standard, producer organisation, tariff quota, vegetable

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I

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

REGULATIONS

COUNCIL REGULATION (EC) No 1182/2007

of 26 September 2007

laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC
and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/
2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 36 and 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Having regard to the Opinion of the Committee of the Regions,

Whereas:

(1)

The current regime for the fruit and vegetables sector is laid
down in Council Regulation (EC) No 2200/96 of
28 October 1996 on the common organisation of the
market in fruit and vegetables (2), Council Regulation (EC)
No 2201/96 of 28 October 1996 on the common
organisation of the markets in processed fruit and vegetable
products (3) and Council Regulation (EC) No 2202/96 of
28 October 1996 introducing a Community aid scheme for
producers of certain citrus fruits (4).

(2)

In the light of experience it is necessary to change the
regime for the fruit and vegetables sector in order to
achieve the following objectives: improving the competi-
tiveness and market orientation of the sector so as to

contribute to achieving sustainable production that
is
competitive both on internal and external markets;
reducing fluctuations in producers’ income resulting from
crises on the market; increasing the consumption of fruit
and vegetables in the Community; and continuing the
efforts made by the sector to maintain and protect the
environment.

(3)

(4)

Since those objectives cannot be sufficiently achieved by the
Member States due to the common nature of the market in
fruit and vegetables and can therefore, by reason of the
need for further common action, be better achieved at
Community level, the Community may adopt measures, in
accordance with the principle of subsidiarity, as set out in
Article 5 of the Treaty. In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what is necessary in order to achieve
those objectives.

The Commission has submitted a separate proposal for a
Council Regulation establishing a common organisation of
agricultural markets which could initially incorporate
certain provisions of a horizontal nature covering the fruit
and vegetables sector and applying to a range of other
agricultural products, in particular provisions on a manage-
ment committee. It is appropriate to leave such provisions
in Regulations (EC) No 2200/96 and (EC) No 2201/96.
Those provisions should however be updated, simplified
and streamlined so as to allow for their easy incorporation
into the Regulation establishing a common organisation of
agricultural markets.

(1) OJ C 175, 27.7.2007, p. 53.
(2) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p. 64).
(3) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by the Act

of Accession of 2005.

(4) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by the Act

of Accession of 2003.

(5) As regards other provisions specific to the fruit and
vegetables sector, the scope of the changes to the current
regime make it necessary,
in the interests of clarity, to
incorporate all such provisions into a separate Regulation.
Where such provisions are to some extent also of a
horizontal nature and apply to a range of other agricultural

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products, such as those on marketing standards and trade
with third countries, they should also be updated and
simplified so as to allow for their easy incorporation, at a
later date, into the abovementioned Regulation establishing
a common organisation of agricultural markets. This
Regulation should not, therefore, repeal or change existing
instruments of a horizontal nature unless they have become
obsolete, redundant or should not, by their very nature, be
dealt with at Council level.

(6)

The scope of this Regulation should be products covered by
the common market organisations of the markets in fruit
and vegetables and processed fruit and vegetables. However,
the provisions on producer organisations and interbranch
organisations and agreements apply only to products
covered by the common market organisation for fruit and
vegetables and this distinction should be maintained. The
scope of the common market organisation in fruit and
vegetables should also be extended to certain culinary herbs
to allow them to benefit from that regime. Thyme and
saffron are currently covered by Council Regulation (EEC)
No 827/68 of 28 June 1968 on the common organisation
of the market in certain products listed in Annex II to the
Treaty (1), from which they should therefore be removed.

(7) Marketing standards,

in particular relating to definition,
quality, grading into classes, sizing, packaging, wrapping,
storage, transport, presentation, marketing and labelling,
should apply in respect of certain products to permit the
to be supplied with products of uniform and
market
satisfactory quality. Moreover, special measures, in particu-
lar up-to-date methods of analysis and other measures to
determine the characteristics of the standards concerned,
may need to be adopted to avoid abuses as regards the
quality and authenticity of the products presented to the
consumers and the significant disturbances on the markets
to which such abuses may give rise.

(8) Currently, Council Directive 2001/112/EC of 20 December
2001 relating to fruit juices and certain similar products
intended for human consumption (2) and Council Directive
2001/113/EC of 20 December 2001 relating to fruit jams,
jellies and marmalades and sweetened chestnut purée
intended for human consumption (3)
lay down specific
provisions regarding production, composition and labelling
of
fully
updated to take account of developments in relevant
international standards and should therefore be modified to
allow for such updating.

these products. However,

those rules are not

materials and the disposal of products withdrawn from the
market,
in particular as regards the protection of water
quality, the maintenance of biodiversity and the upkeep of
the countryside.

their level.

(10) Producer organisations are the basic actors in the fruit and
vegetables regime, the decentralised operation of which
they ensure at
In the face of ever greater
concentration of demand, the grouping of supply through
these organisations continues to be an economic necessity
in order to strengthen the position of producers in the
market. Such grouping should be effected on a voluntary
basis and prove its utility by the scope and efficiency of the
to their
services offered by producer organisations
members. Since producer organisations act exclusively in
the interests of their members, they should be deemed as
acting in the name and on behalf of their members in
economic matters.

(11) Experience shows that producer organisations are the
proper tool for grouping supply. However, the spread of
producer organisations in different Member States has been
uneven. In order to further improve the attractiveness of
producer organisations, provision should be made for more
flexibility in their operation wherever possible. Such
flexibility should concern in particular the product range
of a producer organisation,
the extent of direct sales
permitted and the extension of rules to non-members as
well as permitting associations of producer organisations to
carry out any of
their members and
the activities of
including to
permitting the outsourcing of activities,
subsidiaries, in both cases subject to necessary conditions.

(12) A producer organisation should not be recognised by its
Member State as able to contribute to the achievement of
the objectives of the common market organisation unless
its articles of association impose certain requirements on it
and its members. The establishment and proper functioning
of operational funds require that producer organisations
should in general take charge of the whole of the relevant
fruit and vegetable production of their members.

(13) Producer groups in Member States which acceded to the
European Union on 1 May 2004 or after that date and
wishing to acquire the status of producer organisations in
accordance with this Regulation should be allowed the
benefit of a transitional period during which national and
Community financial support can be given against certain
commitments by the producer group.

(9)

The production and marketing of
fruit and vegetables
should take full account of environmental concerns,
including cultivation practices, the management of waste

(14)

(1) OJ L 151, 30.6.1968, p. 16. Regulation as last amended by
Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97,
corrected by OJ L 206, 9.6.2004, p. 37).

(2) OJ L 10, 12.1.2002, p. 58.
(3) OJ L 10, 12.1.2002, p. 67. Directive as amended by Directive 2004/

84/EC (OJ L 219, 19.6.2004, p. 8).

In order to give producer organisations greater responsi-
bility for their financial decisions in particular and to gear
the public resources assigned to them towards future
requirements, terms should be set for the use of these
resources. Joint financing of operational funds set up by
producer organisations is an appropriate solution. Addi-
tional scope for financing should be permitted in particular
cases. In order to control Community expenditure, there
should be a cap on assistance granted to producer
organisations that establish operational funds.

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(15)

In regions where the organisation of production is weak,
the grant of additional, national, financial contributions
should be allowed. In the case of Member States which are
at a particular disadvantage with regard to structures, those
contributions should be reimbursable by the Community.

(16)

In order to simplify and reduce the cost of the scheme it
could be helpful to align, where possible, the procedures
and rules for the eligibility of expenditure under operational
funds with those of rural development programmes by
requiring Member States to establish a national strategy for
operational programs.

(17)

to further boost

In order
the impact of producer
organisations and associations thereof and ensure the
market as much stability as is desirable, Member States
should be allowed on certain conditions to extend to non-
member producers in their region the rules, particularly on
production, marketing and environmental protection,
adopted for its members by the organisation or association
for the region concerned. Where proper justification is
given, certain costs arising from the extension of the rules
should be chargeable to the producers concerned since they
will benefit from the extension. However, organic producers
should not be subject to the extension of the rules without
the consent of a substantial part of such producers. It is
necessary to permit the rapid extension of such rules for
crisis prevention and management measures in order to
deal promptly with crises.

(18) A number of heterogeneous aid schemes for certain fruit
and vegetables were set out in Regulations (EC) No 2200/
96, (EC) No 2201/96 and (EC) No 2202/96. The number
and variety of those schemes have made them complex to
administer. Whilst they were targeted at certain specific
fruits and vegetables, they have not been able to fully take
into account regional conditions of production, and have
therefore
fruit and vegetables.
not covered all
appropriate to seek a different tool for supporting fruit
and vegetable producers.

is

It

farmers who produced fruit and vegetables in the reference
period should be eligible for the single payment scheme.
Provision should also be made for the establishment by
Member States of reference amounts and eligible hectares
under
the single payment scheme on the basis of a
representative period appropriate to the market of each
fruit and vegetable product and of appropriate objective
and non-discriminatory criteria. Areas planted with fruit
and vegetables, including permanent fruits and vegetables
as well as nurseries should be eligible for the single
payment scheme. National ceilings should be amended
accordingly.
the sectors
concerned to adapt to their integration into the single
payment scheme, transitional periods should be provided
for. In particular, provision should be made for decoupled
fruit and vegetables payments and temporary coupled area
aids for certain products intended for processing, which
were eligible under the existing aid schemes, as well as
strawberries and raspberries. For the latter products a
national top-up to the Community aid may also be granted.
Provision should also be made for the Commission to
adopt detailed implementing rules and any necessary
transitional measures with regard to the above.

to provide time for

In order

(21) The production of fruit and vegetables is unpredictable and
the products are perishable. Surplus on the market, even if
it is not too great, can significantly disturb the market.
Some schemes for market withdrawals have been operated
but have proved somewhat complex to administer. A
number of further measures for crisis management should
be introduced in a manner as easy to apply as possible.
Integration of all such measures into the operational
programmes of producer organisations appears the best
approach in these circumstances, and should also provide
for increased attractiveness of producer organisations for
producers. However in order to allow crisis management
measures to be extended to non-members of producer
organisations, Member States should be authorised for a
transitional period to grant a state aid in such cases. The aid
should however be less than that received by members of
the producer organisation in order to make membership
this state aid should be
attractive. The operation of
reviewed at the end of the transitional period.

(19) Furthermore, the aid schemes for fruit and vegetables were
not fully integrated into Council Regulation (EC) No 1782/
2003 of 29 September 2003 establishing common rules
for direct support schemes under the common agricultural
policy and establishing certain support schemes for farm-
ers (1). This had led to certain complexities and rigidities in
the administration of those schemes.

(22) The integration of ware potatoes into the scheme set out in
Regulation (EC) No 1782/2003 implies that, in order to
safeguard the proper working of the single market based on
common prices, the provisions of the Treaty governing
State aid should also apply to ware potatoes, subject to a
transitional period to allow for the adaptation of the sector.

(20)

In the interests of a more targeted but flexible system of
support for the fruit and vegetables sector and in the
interests of simplification,
it is therefore appropriate to
abolish the existing aid schemes and fully include fruit and
vegetables in the scheme established by Regulation (EC)
No 1782/2003. To this end it is necessary to provide that

(23) Council Regulation (EC) No 2826/2000 of 19 December
2000 on information and promotion actions for agricul-
tural products on the internal market (2) provides for a
Community contribution to certain promotion actions of
up to 50 %. In order to promote the consumption of fruit
and vegetables amongst children in educational establish-
ments, that percentage should be increased for promotion
of fruit and vegetables in this case.

(1) OJ L 270, 21.10.2003, p. 1. Regulation as last amended by
Commission Regulation (EC) No 552/2007 (OJ L 131, 23.5.2007,
p. 10).

(2) OJ L 328, 23.12.2000, p. 2. Regulation as amended by Regulation

(EC) No 2060/2004 (OJ L 357, 2.12.2004, p. 3).

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(24)

set up on the initiative of
Interbranch organisations
individual or already grouped operators can, if they account
for a significant proportion of the members of the various
occupational categories of the fruit and vegetable sector,
contribute to behaviour taking closer account of market
realities and facilitate a commercial approach that will
improve production reporting, in particular as regards the
organisation of production, product presentation and
marketing. Since the work of these organisations is able
to contribute in general
to attaining the objectives of
Article 33 of the Treaty, and in particular those of this
Regulation, it should, once the relevant forms of action are
defined, be possible to grant specific recognition to those
organisations which provide proof of sufficient representa-
tiveness and carry out practical action in regard to those
objectives. The provisions on extending the rules adopted
by producer organisations and their associations and on
sharing the costs resulting from such extension should,
given the similarity of the objectives pursued, also apply to
interbranch organisations.

(25) The creation of a single Community market involves the
introduction of a trading system at the external borders of
the Community. That trading system should include import
duties and should, in principle, stabilise the Community
market. The trading system should be based on the
undertakings accepted under
the Uruguay Round of
multilateral trade negotiations.

In such cases, in order not to leave the Community market
without defence against disturbances that might ensue, the
Community should be able to take all necessary measures
without delay. Such measures should comply with the
international commitments of the Community.

(31) To ensure that those trading arrangements can function
properly, provision should be made for regulating or, when
the situation on the market so requires, prohibiting the use
of inward or outward processing arrangements.

(32) To continue to provide for a legal base for export refunds
for sugar incorporated into certain processed fruit and
vegetables products as provided for in Article 16(1)(b) of
Regulation (EC) No 2201/96, the list of products concerned
should be added to that contained in Annex VII to Council
Regulation (EC) No 318/2006 of 20 February 2006 on the
common organisation of the markets in the sugar sector (1).

(33) Directives 2001/112/EC and 2001/113/EC and Regulations
(EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC)
No 2826/2000, (EC) No 1782/2003 and (EC) No 318/
2006 should therefore be amended accordingly.

(26) The application of the entry price system for fruit and
vegetables requires the adoption of specific provisions to
take account of
the
Community.

the international commitments of

(34) Since the common markets in agricultural products are
continuously evolving,
and the
Commission should keep each other informed of relevant
developments.

the Member States

(27) Monitoring the volume of trade in agricultural products
with third countries may, in respect of certain products,
require the introduction of licensing systems for imports
and exports including the lodging of a security to ensure
that the transactions for which such licences are issued are
actually carried out. The Commission should, therefore, be
empowered to introduce licensing systems in respect of
such products.

(35) The proper working of

the single market based on
common prices would be jeopardised by the granting of
national aid. Therefore,
the Treaty
governing State aid should, as a general rule, apply to the
products covered by this Regulation. However, provision
should be made for a one-off State aid for the tomato
processing sector in Italy and Spain in order to support its
adaptation to the provisions of this Regulation.

the provisions of

(28)

In order to prevent or counteract adverse effects on the
Community market which could result from imports of
imports of such products
certain agricultural products,
if
should be subject to payment of an additional duty,
certain conditions are fulfilled.

(36) Expenditure incurred by the Member States as a result of
the obligations arising from the application of
this
Regulation should be financed by the Community in
accordance with Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agricultural
policy (2).

(29)

It is appropriate, under certain conditions, to confer on the
Commission the power to open and administer tariff
quotas resulting from international agreements concluded
in accordance with the Treaty or from other acts of the
Council.

(37) The fruit and vegetables regime provides for compliance
with certain obligations. To guarantee compliance with
those obligations, there is a need for controls and the
application of penalties in case of non-compliance with
such obligations. Power should therefore be conferred on

(30) The customs duty system makes it possible to dispense with
all other protective measures at the external frontiers of the
Community. The internal market and duty mechanism
could, in exceptional circumstances, prove to be inadequate.

(1) OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission

Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007, p. 3).

(2) OJ L 209, 11.8.2005, p. 1. Regulation as last amended by Regulation

(EC) No 378/2007 (OJ L 95, 5.4.2007, p. 1).

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the Commission to introduce the corresponding rules,
including those concerning the recovery of undue pay-
ments and the reporting obligations of the Member States.
The special corps of inspectors in the fruit and vegetables
sector will no longer be necessary under the new regime
and should therefore be abolished.

However Titles III and IV of this Regulation shall only apply in
respect of the products listed in Article 1(2) of Regulation (EC)
No 2200/96 and/or of such products intended solely for
processing.

Article 43 shall also apply to potatoes, fresh or chilled of CN
code 0701.

(38) The aid scheme established by Regulation (EC) No 2202/96
is to be abolished. That Regulation will thus no longer have
any purpose and should therefore be repealed.

(39) The measures necessary for the implementation of this
Regulation should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (1).

for

(40)

In the interests of simplification, the separate committees
for fresh fruit and vegetables, and processed fruit and
vegetables should be abolished and replaced by a single
committee for fruit and vegetables to be established under
Regulation (EC) No 2200/96.

(41) The change-over from the existing arrangements to those
provided for by this Regulation could give rise to difficulties
which are not dealt with in this Regulation. In order to deal
with such difficulties, the Commission should be enabled to
adopt transitional measures. Furthermore, provision should
be made for continued recognition of producer organisa-
tions and associations of producer organisations recognised
under Regulation (EC) No 2200/96 and the possible
continuation of operational programmes approved under
that Regulation, as well as similar provisions for producer
groups recognised under Regulation (EC) No 2200/96 and
their recognition plans.

(42) This Regulation should, as a general rule, apply from
to avoid the
1 January 2008. However,
interruption of the aid schemes for processed fruit and
vegetable products and citrus fruits part-way through a
marketing year, such aid schemes should be allowed to run
until the end of the 2007/2008 marketing year,

in order

HAS ADOPTED THIS REGULATION:

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope

This Regulation lays down specific rules applying to the products
listed in Article 1(2) of Regulation (EC) No 2200/96 and in
Article 1(2) of Regulation (EC) No 2201/96.

(1) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/

512/EC (OJ L 200, 22.7.2006, p. 11).

TITLE II

CLASSIFICATION OF PRODUCTS

Article 2

Marketing standards

1. The products listed in Article 1(2) of Regulation (EC)
No 2200/96 which are intended to be sold fresh to the
consumer, may only be marketed if they are sound, fair and of
marketable quality and if the country of origin is indicated.

2.
Provision may be made by the Commission for marketing
standards for one or more of the products listed in Article 1(2) of
Regulation (EC) No 2200/96 and in Article 1(2) of Regulation
(EC) No 2201/96.

In so doing, the Commission shall take account of the
3.
Standard recommendations adopted by the United Nations
Economic Commission for Europe (UNECE).

4. The marketing standards referred to in paragraphs 1 and 2:

(a)

(b)

shall apply at all marketing stages including import and
export unless otherwise provided for by the Commission;

shall be established taking into account, in particular, the
specificities of the products concerned, the need to ensure
the conditions for a smooth disposal of those products on
the market and the interest of consumers in receiving
adequate and transparent product information as regards in
particular the country of origin,
the class and, where
appropriate, the variety (or the commercial type) of the
product;

(c) may in particular relate to quality, grading into classes,
sizing, packaging, wrapping, storage, transport, presenta-
tion, marketing and labelling.

5. The holder of products covered by the adopted marketing
standards may not display such products or offer them for sale or
deliver or market them in any manner within the Community
other than in conformity with those standards. The holder shall
be responsible for ensuring such conformity.

6. Without prejudice to any specific provisions which may be
adopted by the Commission in accordance with Article 42,
Member States shall check selectively, based on a risk analysis,
whether those products conform to those marketing standards.
These checks shall be focused on the stage prior to dispatch from
the production areas when the products are being packed or
loaded. For products from third countries, checks shall be done
prior to release for free circulation.

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7. Until new marketing standards are adopted, the marketing
standards drawn up pursuant to Regulation (EC) No 2200/96
and Regulation (EC) No 2201/96 shall continue to apply.

(c) market

their entire production concerned through the

producer organisation;

TITLE III

PRODUCER ORGANISATIONS

CHAPTER I

Requirements and recognition

Article 3

Requirements

1.
For the purposes of this Regulation, a producer organisation
shall be any legal entity or clearly defined part of a legal entity
which complies with the following requirements:

(a)

(b)

it is formed on the initiative of farmers within the meaning
of Article 2(a) of Regulation (EC) No 1782/2003, who are
growers of one or more products listed in Article 1(2) of
Regulation (EC) No 2200/96 and/or of such products
intended solely for processing;

it has the objective of the use of environmentally sound
cultivation practices, production techniques and waste
management practices, in particular to protect the quality
of water, soil and landscape, and preserve or encourage
biodiversity;

(c)

it has one or more of the following objectives:

(d)

(e)

the

provide
statistical purposes,
organisation for
growing areas, quantities cropped, yields and direct sales;

information requested by the producer
in particular on

pay the financial contributions provided for in its articles of
association for the establishment and replenishment of the
operational fund provided for in Article 8.

3. Notwithstanding paragraph 2(c), where
the producer
organisation so authorises and where this is in compliance with
the terms and conditions laid down by the producer organisa-
tion, the producer members may:

(a)

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

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

(c) market themselves or through another producer organisa-
tion designated by their own organisation products which,
because of their characteristics, are not normally covered by
the commercial activities of
the producer organisation
concerned.

ensuring that production is planned and adjusted to
demand, particularly in terms of quality and quantity;

4. The articles of association of a producer organisation shall
also provide for:

(i)

(ii)

concentration of supply and the placing on the market
of the products produced by its members;

(iii) optimising production costs and stabilising producer

prices;

its articles of association provide for the specific require-
ments as laid down in paragraph 2; and

it has been recognised by the Member State concerned
pursuant to Article 4.

(d)

(e)

2. The articles of association of a producer organisation shall
require its producer members, in particular, to:

apply the rules adopted by the producer organisation
relating to production reporting, production, marketing
and protection of the environment;

(a)

(b)

(a)

(b)

(c)

(d)

(e)

(f)

procedures for determining, adopting and amending the
rules referred to in paragraph 2;

the imposition on members of
needed to finance the producer organisation;

financial contributions

rules
enabling the producer members
democratically their organisation and its decisions;

to scrutinise

penalties for infringement of obligations under the articles
of association, particularly non-payment of
financial
contributions, or of the rules laid down by the producer
organisation;

rules on the admission of new members, particularly a
minimum membership period;

the accounting and budgetary rules necessary for
operation of the organisation.

the

belong to only one producer organisation in respect of a
given holding’s production of any given product referred to
in paragraph 1(a);

Producer organisations shall be deemed to be acting in the

5.
name and on behalf of their members in economic matters.

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Article 4

Recognition

1. Member States shall recognise producer organisations within
the meaning of Article 3(1) applying for such recognition,
provided that:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

they meet the requirements laid down in Article 3 and
provide the relevant evidence thereof;

they have a minimum number of members and cover a
minimum volume or value of marketable production to be
laid down by Member States, and provide the relevant
evidence thereof;

there is sufficient evidence that they can carry out their
activities properly over time and in terms of effectiveness
and concentration of supply, for which purpose Member
States may decide which of the products or groups of
products referred to in Article 3(1)(a) should be covered by
the producer organisation;

they effectively enable their members to obtain technical
assistance
in using environmentally-sound cultivation
practices;

they effectively provide their members, where necessary,
with the technical means for collecting, storing, packaging
and marketing their produce;

they ensure proper commercial and accounting manage-
ment of their activities; and

they do not hold a dominant position in a given market
unless this is necessary in pursuance of
the goals of
Article 33 of the Treaty.

2. Member States shall:

(a)

(b)

decide whether
recognition to a producer
organisation within three months of the lodging of an
application accompanied by all the relevant evidence;

to grant

carry out checks at regular intervals to ascertain whether
producer organisations comply with this Title, impose the
penalties on such organisations in the event of non-
compliance or irregularities concerning the provisions of
this Regulation and decide, where necessary, to withdraw
recognition;

(c)

notify the Commission, once per year, of every decision to
grant, refuse or withdraw recognition.

Article 5

any of the activities of a producer organisation. To this end
Member States may recognise, on request, an association of
producer organisations where:

(a)

(b)

the Member State considers that the association is capable
of effectively carrying out those activities; and

the association does not hold a dominant position in a
given market unless this is necessary in pursuance of the
goals of Article 33 of the Treaty.

Article 3(5) shall apply mutatis mutandis to actions of associations
of producer organisations.

Article 6

Outsourcing

Member States may permit a recognised producer organisation
or a recognised association of producer organisations
to
outsource any of its activities, including to subsidiaries, provided
that it provides sufficient evidence to the Member State that
doing so is an appropriate way to achieve the objectives of the
producer organisation or association of producer organisations
concerned.

Article 7

Producer groups

1.
For the purposes of this Regulation, a producer group shall
be any legal entity or clearly defined part of a legal entity which is
farmers within the meaning of
formed on the initiative of
Article 2(a) of Regulation (EC) No 1782/2003, who are growers
of one or more products listed in Article 1(2) of Regulation (EC)
No 2200/96 and/or of such products intended solely for
processing, with a view to being recognised as a producer
organisation.

regions of

the Community as

Producer groups in Member States which acceded to the
European Union on 1 May 2004 or after that date, or in the
outermost
referred to in
Article 299(2) of the Treaty or in the smaller Aegean Islands
as referred to in Article 1(2) of Council Regulation (EC)
No 1405/2006 (1) may be allowed a transitional period in
which to meet the conditions for recognition laid down in
Article 4.

In order to qualify, those producer groups shall present a phased
recognition plan to the relevant Member State, acceptance of
which shall signal the start of the transitional period referred to
in the second subparagraph and shall constitute a preliminary
recognition. The transitional period shall be no more than five
years.

2. Before acceptance of the recognition plan, Member States
shall inform the Commission of their intentions and the likely
financial implications thereof.

3. During the transitional period, Member States may grant to
the producer groups:

Associations of producer organisations

(a)

aid to encourage their
administrative operation;

formation and facilitate their

An association of producer organisations shall be formed on the
initiative of recognised producer organisations and may carry out

(1) OJ L 265, 26.9.2006, p. 1.

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(b)

aid, provided either directly or through credit institutions,
to cover part of
required to attain
the investments
recognition and set out in the recognition plan referred
to in the third subparagraph of paragraph 1.

4. The aid referred to in paragraph 3 shall be reimbursed by the
Community in accordance with the rules adopted pursuant to
Article 42(b)(ii).

5. The aid referred to in paragraph 3(a) shall be determined for
each producer group on the basis of its marketed production and
shall amount, for the first, second, third, fourth and fifth years,
to:

(a)

10 %, 10 %, 8 %, 6 % and 4 %, respectively, of the value of
marketed production in the case of producer groups in
Member States which acceded to the European Union on
1 May 2004 or after that date; and

(b) 5 %, 5 %, 4 %, 3 % and 2 %, respectively, of the value of
marketed production in the case of producer groups in the
outermost regions of the Community as referred to in
Article 299(2) of the Treaty or in the smaller Aegean
Islands as referred to in Article 1(2) of Regulation (EC)
No 1405/2006.

Those rates may be reduced in relation to the value of marketed
production which exceeds a threshold. A ceiling may be applied
to the aid payable in any given year to a producer group.

CHAPTER II

Operational funds and operational programmes

Article 8

Operational funds

Producer organisations may set up an operational fund. The

1.
fund shall be financed by:

(c)

boosting the commercial value of products;

(d)

(e)

promotion of the products, whether in a fresh or processed
form;

environmental measures and methods of production
respecting the environment, including organic farming;

(f)

crisis prevention and management.

2. Crisis prevention and management shall be related to
avoiding and dealing with crises on the fruit and vegetable
markets and shall cover in this context:

(a) market withdrawal;

(b)

green harvesting or non-harvesting of fruit and vegetables;

(c)

promotion and communication;

(d)

training measures;

(e)

harvest insurance;

(f)

support for the administrative costs of setting up mutual
funds.

Crisis prevention and management measures,
including any
repayment of capital and interest as referred to in the third
subparagraph, shall not comprise more than one-third of the
expenditure under the operational programme.

In order to finance crisis prevention and management measures,
producer organisations may take out loans on commercial terms.
In this case, the repayment of the capital and interest on those
loans may form part of the operational programme and so may
be eligible for Community financial assistance under Article 10.
Any specific action under crisis prevention and management
shall be financed either by such loans or directly, but not both.

(a)

financial contributions of members or of the producer
organisation itself;

3. Member States shall provide that:

(b) Community financial assistance which may be granted to

producer organisations.

2. Operational funds shall be used only to finance operational
programmes approved by Member States in accordance with
Article 13.

Article 9

Operational programmes

1. Operational programmes shall have two or more of the
the following
objectives referred to in Article 3(1)(c) or of
objectives:

(a)

planning of production;

(b)

improvement of product quality;

(a)

(b)

operational programmes
environmental actions, or

shall

include two or more

least 10 % of

at
programmes shall cover environmental actions.

the expenditure under operational

Environmental actions shall respect the requirements for agri-
environment payments set out in the first subparagraph of
Article 39(3) of Council Regulation (EC) No 1698/2005 of
20 September 2005 on support for rural development by the
European Agricultural Fund for Rural Development (EAFRD) (1).

Where at least 80 % of the producer members of a producer
to one or more identical agri-
organisation are subject
environment commitments under that provision then each one
of those commitments shall count as an environmental action as
referred to in point (a) of the first subparagraph.

(1) OJ L 277, 21.10.2005, p. 1. Regulation as last amended by
Regulation (EC) No 2012/2006 (OJ L 384, 29.12.2006, p. 8).

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Support for the environmental actions referred to in the first
subparagraph shall cover additional costs and income foregone
resulting from the action.

(h)

it is submitted by a producer organisation in one of the
outermost regions of the Community;

Paragraph 3 shall only apply in Bulgaria and Romania from

4.
1 January 2011.

(i)

it covers solely specific support for actions to promote the
consumption of fruit and vegetables targeted at children in
educational establishments.

5.
Investments which increase environmental pressure shall
only be permitted in situations where effective safeguards to
protect the environment from these pressures are in place.

Article 10

Community financial assistance

1. The Community financial assistance shall be equal to the
amount of
the financial contributions referred to in Arti-
cle 8(1)(a) as actually paid but limited to 50 % of the actual
expenditure incurred.

2. The Community financial assistance shall be capped at 4,1 %
of
the marketed production of each producer
organisation.

the value of

However, that percentage may be increased to 4,6 % of the value
of the marketed production provided that the amount in excess
of 4,1 % of the value of the marketed production is used solely
for crisis prevention and management measures.

3. At the request of a producer organisation, the percentage
provided for in paragraph 1 shall be 60 % for an operational
programme or part of an operational programme where it meets
at least one of the following conditions:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

it is submitted by several Community producer organisa-
tions operating in different Member States on transnational
schemes;

it is submitted by one or more producer organisations
engaged in schemes operated on an interbranch basis;

it covers solely specific support for the production of
organic products covered by Council Regulation (EEC)
No 2092/91 of 24 June 1991 on organic production of
agricultural products and indications referring thereto on
agricultural products and foodstuffs (1);

it is submitted by a producer organisation in one of the
Member States which acceded to the European Union on
1 May 2004 or after that date for measures running no
later than the end of 2013;

it is the first to be submitted by a recognised producer
organisation which has merged with another recognised
producer organisation;

it is the first to be submitted by a recognised association of
producer organisations;

it is submitted by producer organisations in Member States
where producer organisations market less than 20 % of
fruit and vegetables production;

(1) OJ L 198, 22.7.1991, p. 1. Regulation repealed by Regulation (EC)
No 834/2007 (OJ L 189, 20.7.2007, p. 1) as from 1 January 2009.

4. The percentage provided for in paragraph 1 shall be 100 %
in the case of market withdrawals of fruit and vegetables, which
shall not exceed 5 % of the volume of marketed production of
each producer organisation and which are disposed of by way of:

(a)

(b)

free distribution to charitable organisations and founda-
tions, approved to that effect by the Member States, for use
in their activities to assist persons whose right to public
assistance is recognised in national
in particular
because they lack the necessary means of subsistence;

law,

free distribution to penal institutions, schools and public
education institutions, and to children’s holiday camps as
well as to hospitals and old people’s homes designated by
the Member States, which shall take all necessary steps to
ensure that the quantities thus distributed are additional to
the quantities normally bought in by such establishments.

Article 11

National financial assistance

In regions of

1.
the Member States where the degree of
organisation of producers is particularly low, Member States may
be authorised by the Commission, on a duly substantiated
financial
to pay producer organisations national
request,
assistance equal
the financial
contributions referred to in Article 8(1)(a). This assistance shall
be additional to the operational fund.

to a maximum of 80 % of

In regions of Member States where producer organisations
market less than 15 % of
fruit and vegetable
production and whose fruit and vegetable production represents
at least 15 % of their total agricultural output, the assistance
referred to in the first subparagraph may be reimbursed by the
Community at the request of the Member State concerned.

the value of

2. Articles 87, 88 and 89 of the Treaty shall not apply to the
national financial assistance authorised pursuant to paragraph 1.

Article 12

National framework and national strategy for operational
programmes

framework for
1. Member States shall establish a national
drawing up the general conditions relating to the actions referred
to in Article 9(3). This framework shall provide in particular that
such actions
the appropriate requirements of
Regulation (EC) No 1698/2005 including those on complemen-
tarity, consistency and conformity, as set out in Article 5 of that
Regulation.

shall meet

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it

finds that

Member States shall submit their proposed framework to the
Commission, which may require modifications within three
months if
the proposal does not enable the
attainment of the objectives set out in Article 174 of the Treaty
and in the Sixth Community Environment Action Pro-
gramme (1). Investments on individual holdings supported by
operational programmes shall also respect those objectives.

2. Member States
strategy for
sustainable operational programmes in the fruit and vegetable
market. Such a strategy shall provide for the following elements:

shall establish a national

5. The producer organisation shall notify the Member State of
the final amount of expenditure for
the previous year,
accompanied by the necessary supporting documents, so that
it may receive the balance of the Community financial assistance.

6. Operational programmes and their financing by producers
and producer organisations on the one hand and by Community
funds on the other shall have a minimum duration of three years
and a maximum duration of five years.

CHAPTER III

(a)

an analysis of
weaknesses and the potential for development;

the situation in terms of strengths and

Extension of rules to producers of an economic area

(b)

justification of the priorities chosen;

(c)

the objectives of operational programmes and instruments,
as well as performance indicators;

(d)

assessment of operational programmes;

(e)

reporting obligations for producer organisations.

Article 14

Extension of rules

In cases where a producer organisation operating in a
1.
specific economic area is considered,
in respect of a specific
product, to be representative of production and producers in that
area, the Member State concerned may, at the request of the
producer organisation, make the following rules binding on
producers established in that economic area who do not belong
to the producer organisation:

The national strategy shall also integrate the national framework
referred to in paragraph 1.

(a)

the rules referred to in Article 3(2)(a);

Paragraphs 1 and 2 shall not apply to Member States which

3.
have no recognised producer organisations.

(b)

the rules required to implement the measures referred to in
Article 9(2)(c).

Article 13

The first subparagraph shall apply on condition that those rules:

Approval of operational programmes

(a)

have been in force for at least one marketing year;

1. Draft operational programmes shall be submitted to the
competent national authorities, which shall approve or reject
them or request their modification in line with the provisions of
this Chapter.

2.
Producer organisations shall communicate to the Member
State the estimated amount of the operational fund for each year
and shall
therefor based on
operational programme estimates, expenditure for the current
year and possibly expenditure for previous years and,
if
necessary, on estimated production quantities for the next year.

submit appropriate reasons

3. The Member State shall notify the producer organisation or
association of producer organisations of the estimated amount of
Community financial assistance in line with the limits set out in
Article 10.

4. Community financial assistance payments shall be made on
the basis of expenditure incurred for the schemes covered by the
operational programme. Advances may be made in respect of the
same schemes subject to the provision of a guarantee or security.

(1) Decision No 1600/2002/EC of the European Parliament and of the
Council of 22 July 2002 laying down the Sixth Community
Environment Action Programme (OJ L 242, 10.9.2002, p. 1).

(b)

are included in the exhaustive list in Annex I;

(c)

are made binding for no more than three marketing years.

However, the condition referred to in point (a) of the second
subparagraph shall not apply if the rules concerned are those
listed in points 1, 3 and 5 of Annex I. In this case, the extension
of rules may not apply for more than one marketing year.

2.
For the purposes of this Chapter, ‘economic area’ means a
geographical zone made up of adjoining or neighbouring
production regions in which production and marketing condi-
tions are homogeneous.

Member States shall notify a list of economic areas to the
Commission.

Within one month of notification, the Commission shall approve
the list or shall, after consultation with the Member State
concerned, decide on the amendments which the latter is to
make to it. The Commission shall make the approved list
publicly available using the methods it considers appropriate.

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3. A producer organisation shall be deemed representative
within the meaning of paragraph 1 where its members account
for at least 50 % of the producers in the economic area in which
it operates and it covers at
the volume of
production of that area. Without prejudice to paragraph 5, in
calculating these percentages account shall not be taken of
producers or production of organic products covered by
Regulation (EEC) No 2092/91.

least 60 % of

4. The rules which are made binding on all producers in a
specific economic area:

(a)

shall not cause any damage to other producers in the
Member State concerned or in the Community;

(b)

shall not apply, unless they expressly cover them,
to
products delivered for processing under a contract signed
before the beginning of
the marketing year, with the
exception of the rules on production reporting referred to
in Article 3(2)(a);

(c)

shall not be incompatible with Community and national
rules in force.

5. Rules may not be made binding on producers of organic
products covered by Regulation (EEC) No 2092/91 unless such a
measure has been agreed to by at least 50 % of such producers in
the economic area in which the producer organisation operates
and that organisation covers at least 60 % of such production of
that area.

Article 15

Notification

Member States shall forthwith notify the Commission of the
rules which they have made binding on all producers in a specific
economic area pursuant to Article 14(1). The Commission shall
make these rules publicly available using the methods it
considers appropriate.

Article 16

Repeal

The Commission shall decide that a Member State shall repeal an
extension of the rules decided on by that Member State pursuant
to Article 14(1):

(a) where it finds that the extension in question to other
producers excludes competition in a substantial part of the
internal market or jeopardises free trade, or that
the
objectives of Article 33 of the Treaty are endangered;

(b) where it finds that Article 81(1) of the Treaty applies to the
rules extended to other producers. The Commission’s
decision with regard to those rules shall apply only from
the date of such a finding;

(c) where it finds after checks that this Chapter has not been

complied with.

Article 17

Financial contributions of non-member producers

Where Article 14(1) is applied, the Member State concerned may
decide, on scrutiny of evidence presented, that non-member
producers shall be liable to the producer organisation for the part
of the financial contributions paid by the producer members,
insofar as these are used to cover:

(a)

(b)

administrative costs resulting from application of the rules
referred to in Article 14(1);

the cost of research, market studies and sales promotion
undertaken by the organisation or association and benefit-
ing all producers in the area.

Article 18

Extension of rules of associations of producer organisations

For the purposes of this Chapter, any reference to producer
organisations shall also be construed as a reference to recognised
associations of producer organisations.

CHAPTER IV

Report

Article 19

Report

By 31 December 2013, the Commission shall present a report to
the European Parliament and the Council on the implementation
of this Title as regards producer organisations, operational funds
and operational programmes.

TITLE IV

INTERBRANCH ORGANISATIONS AND AGREEMENTS

CHAPTER I

Requirements and recognition

Article 20

Requirements

For the purposes of this Regulation, an ‘interbranch organisation’
shall be any legal entity which:

(a)

is made up of representatives of economic activities linked
to the production of and/or trade in and/or processing of
the products listed in Article 1(2) of Regulation (EC)
No 2200/96;

(b)

is established at
organisations or associations which constitute it;

the initiative of all or some of

the

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(c)

carries out two or more of the following activities in one or
more regions of the Community, taking into account the
interests of consumers:

region is involved, they can demonstrate a minimum level
of
the
representativeness in each region for each of
branches that they group;

(i)

(ii)

improving knowledge
production and the market;

and the

transparency of

helping to coordinate better
the way fruit and
vegetables are placed on the market, in particular by
means of research and market studies;

(c)

(d)

they carry out two or more of the activities referred to in
Article 20(c);

they are not themselves engaged in the production or
processing or marketing of fruit and vegetables or products
processed from fruit and vegetables;

(iii) drawing up standard forms of contract compatible

with Community rules;

(e)

they do not engage in any of the agreements, decisions and
concerted practices referred to in Article 22(4).

(iv)

exploiting to a fuller extent the potential of the fruit
and vegetables produced;

(v)

the
providing the information and carrying out
research necessary to adjust production towards
products more suited to market requirements and
consumer tastes and expectations, in particular with
regard to product quality and protection of
the
environment;

(vi)

seeking ways of restricting the use of plant-health
products and other inputs and ensuring product
quality and soil and water conservation;

(vii) developing methods and instruments for improving

product quality;

(viii) exploiting the potential of and protecting organic
farming as well as designations of origin, quality labels
and geographical indications;

(ix) promoting integrated production or other environ-

mentally sound production methods;

(x)

laying down rules, as regards the production and
marketing rules referred to in points 2 and 3 of
Annex I, which are stricter
than Community or
national rules;

(d)

has been recognised by the Member State concerned in
accordance with Article 21.

Article 21

Recognition

2. Before granting recognition Member States shall notify the
Commission of the interbranch organisations which have applied
for recognition, providing all relevant information about their
representativeness and their various activities, together with all
other information needed for an assessment.

The Commission may object to recognition within a time limit of
two months after notification.

3. Member States shall:

(a)

(b)

decide whether to grant recognition within three months of
the lodging of an application with all relevant supporting
documents;

carry out checks at regular intervals to ascertain that
interbranch organisations comply with the terms and
conditions for
impose penalties on such
organisations in the event of non-compliance or irregula-
rities concerning the provisions of this Regulation and
decide, where necessary, to withdraw recognition;

recognition,

(c) withdraw recognition if:

(i)

(ii)

the requirements and conditions for recognition laid
down in this Chapter are no longer met;

the interbranch organisation engages in any of the
agreements, decisions and concerted practices referred
to in Article 22(3), without prejudice to any other
penalties to be imposed pursuant to national law;

(iii)

the interbranch organisation fails to comply with the
notification obligation referred to in Article 22(2);

1.
If warranted by the Member State’s structures, Member
States may recognise as interbranch organisations all organisa-
tions established on their territory which make an appropriate
application, on condition that:

(a)

(b)

they carry out their activity in one or more regions in the
Member State concerned;

they represent a significant share of the production of
and/or trade in and/or processing of fruit and vegetables
and products processed from fruit and vegetables in the
region or regions in question and, where more than one

(d)

notify the Commission, within two months, of any decision
to grant, refuse or withdraw recognition.

4. The terms and conditions on which and the frequency with
which Member States are to report to the Commission on the
interbranch organisations shall be drawn up in
activities of
accordance with the procedure referred to in Article 46(2) of
Regulation (EC) No 2200/96.

The Commission may, as a result of checks, request a Member
State to withdraw recognition.

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5. Recognition shall constitute an authorisation to carry out
the activities listed in Article 20(c), subject
to the other
provisions of this Regulation.

(d)

agreements, decisions and concerted practices which entail
the fixing of prices, without prejudice to activities carried
out by interbranch organisations in the application of
specific Community rules;

6. The Commission shall make publicly available a list of
recognised interbranch organisations, using the methods it
considers appropriate, indicating the economic sphere or the
area of their activities and the activities carried out within the
meaning of Article 23. Withdrawals of recognition shall also be
made publicly available.

CHAPTER II

Competition rules

Article 22

Application of competition rules

1. Notwithstanding Article 1 of Council Regulation (EC)
No 1184/2006 of 24 July 2006 applying certain rules of
competition to the production of, and trade in, agricultural
products (1), Article 81(1) of the Treaty shall not apply to the
agreements, decisions and concerted practices of recognised
interbranch organisations where the object is to carry out the
activities referred to in Article 20(c) of this Regulation.

2.

Paragraph 1 shall apply only provided that:

(a)

the agreements, decisions and concerted practices have
been notified to the Commission;

(b) within two months of receipt of all the details required the
Commission has not found that the agreements, decisions
or concerted practices are incompatible with Community
rules.

3. The agreements, decisions and concerted practices may not
be put into effect before the lapse of the period referred to in
paragraph 2(b).

4. The following agreements, decisions and concerted practices
shall in any case be considered incompatible with Community
rules:

(a)

agreements, decisions and concerted practices which may
lead to the partitioning of markets in any form within the
Community;

(b)

agreements, decisions and concerted practices which may
affect the sound operation of the market organisation;

(c)

agreements, decisions and concerted practices which may
create distortions of competition which are not essential to
achieving the objectives of the common agricultural policy
pursued by the interbranch organisation activity;

(1) OJ L 214, 4.8.2006, p. 7.

(e)

agreements, decisions and concerted practices which may
create discrimination or eliminate competition in respect of
a substantial proportion of the products in question.

5.
If, following expiry of the two-month period referred to in
paragraph 2(b), the Commission finds that the conditions for the
application of paragraph 1 have not been met, it shall take a
Decision declaring that Article 81(1) of the Treaty applies to the
agreement, decision or concerted practice in question.

The Commission’s Decision shall not apply earlier than the date
of its notification to the interbranch organisation concerned,
unless
interbranch organisation has given incorrect
information or abused the exemption provided for in para-
graph 1.

that

In the case of multiannual agreements, the notification for
6.
the first year shall be valid for the subsequent years of the
agreement. However, in that event, the Commission may, on its
own initiative or at the request of a Member State, issue a finding
of incompatibility at any time.

CHAPTER III

Extension of rules

Article 23

Extension of rules

In cases where an interbranch organisation operating in a
1.
specific region or regions of a Member State is considered to be
representative of the production of or trade in or processing of a
given product, the Member State concerned may, at the request
of that interbranch organisation, make binding some of the
agreements, decisions or concerted practices agreed on within
that organisation for a limited period on other operators
operating in the region or
in question, whether
individuals or groups, who do not belong to the organisation.

regions

2. An interbranch organisation shall be deemed representative
within the meaning of paragraph 1 where it accounts for at least
two thirds of the production of or trade in or processing of the
product or products concerned in the region or
regions
concerned of a Member State. Where the application for
extension of its rules to other operators covers more than one
region,
interbranch organisation shall demonstrate a
minimum level of representiveness for each of the branches it
groups in each of the regions concerned.

the

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3. The rules for which extension to other operators may be
requested:

Article 25

(a)

shall have one of the following aims:

(i)

production and market reporting;

(ii)

stricter production rules than those laid down in
Community or national rules;

(iii) drawing up of standard contracts which are compa-

tible with Community rules;

(iv)

rules on marketing;

Financial contributions of non-members

In cases where rules for one or more products are extended and
where one or more of the activities referred to in Article 23(3)(a)
are pursued by a recognised interbranch organisation and are in
the general economic interest of those persons whose activities
relate to one or more of the products concerned, the Member
State which has granted recognition may decide that individuals
interbranch
or groups which are not members of
organisation but which benefit from those activities shall pay
the organisation an amount equal to all or part of the financial
contributions paid by its members to the extent that such
contributions are intended to cover costs directly incurred as a
result of pursuing the activities in question.

the

(v)

rules on protecting the environment;

TITLE V

(vi) measures to promote and exploit the potential of

products;

(vii) measures to protect organic farming as well as
designations of origin, quality labels and geographical
indications;

(b)

shall have been in force for at least one marketing year;

TRADE WITH THIRD COUNTRIES

CHAPTER I

General provisions

Article 26

General principles

(c) may be made binding for no more than three marketing

years;

Unless otherwise provided for in this Regulation or in provisions
adopted pursuant thereto, the following shall be prohibited in
trade with third countries:

(d)

shall not cause any damage to other operators in the
Member State concerned or the Community.

However, the condition referred to in point (b) of the first
subparagraph shall not apply if the rules concerned are those
listed in points 1, 3 and 5 of Annex I. In this case, the extension
of rules may not apply for more than one marketing year.

4. The rules referred to in paragraphs 3(a)(ii), (iv) and (v) shall
not be other than those set out in Annex I. The rules referred to
in paragraph 3(a)(ii) shall not apply to products which were
produced outside the specific region or regions referred to in
paragraph 1.

Article 24

Notification and repeal

1. Member States shall notify the Commission forthwith of the
rules which they have made binding on all operators in one or
more specific regions pursuant to Article 23(1). The Commission
shall make those rules publicly available using the methods it
considers appropriate.

2. Before the rules are made publicly available, the Commission
shall
inform the Committee established by Article 46(1) of
Regulation (EC) No 2200/96 of any notification of extension of
interbranch agreements.

(a)

(b)

the levying of any charge having equivalent effect to a
customs duty;

the application of any quantitative restriction or measure
having equivalent effect.

Article 27

Combined Nomenclature

The general rules for interpreting the Combined Nomenclature
and the special rules for its application shall apply to the tariff
classification of products covered by this Title. The tariff
nomenclature resulting from the application of this Regulation
shall be included in the Common Customs Tariff.

CHAPTER II

Imports

S e c t i o n I

I m p o r t l i c e n c e s

Article 28

Optional import licence systems

3. The Commission shall decide that a Member State must
repeal an extension of the rules decided on by that Member State
in the cases referred to in Article 16.

The Commission may make imports into the Community of one
to
or more products covered by this Regulation subject
presentation of an import licence.

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Article 29

Issue of licences

irrespective of his place of establishment

licences shall be issued by Member States to any
Import
in the
applicant,
Community, unless otherwise provided by the Council and
without prejudice to measures taken for the application of this
Chapter.

Article 30

Validity

Import licences shall be valid throughout the Community.

Article 31

Security

1. Unless otherwise provided for
in accordance with the
procedure referred to in Article 46(2) of Regulation (EC)
No 2200/96, licences shall be issued subject to the lodging of
a security guaranteeing that the products are imported during the
term of validity of the licence.

2.
Except in cases of force majeure, the security shall be forfeited
in whole or in part if the import is not carried out, or is carried
out only partially, within the period of validity of the licence.

Article 32

Implementing rules

Detailed rules for the application of this Section, including the
terms of validity of the licences and the rate of security, shall be
adopted in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96.

the consignment

in
2. Where the declared entry price of
question is higher than the flat-rate import value, increased by a
margin set in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96 which may not
exceed the flat-rate value by more than 10 %, the lodging of a
security equal to the import duty determined on the basis of the
flat-rate import value shall be required.

3.
If the entry price of the consignment in question is not
declared at the time of customs clearance, the Common Customs
Tariff duty rate to be applied shall depend on the flat-rate import
value or be arrived at by application of the relevant customs
legislation provisions under conditions to be determined in
accordance with the procedure referred to in Article 46(2) of
Regulation (EC) No 2200/96.

4. Detailed implementing rules for the application of
this
Article shall be adopted in accordance with the procedure
referred to in Article 46(2) of Regulation (EC) No 2200/96.

Article 35

Additional import duties

1. An additional import duty shall apply to imports at the rate
of duty laid down in Articles 33 and 34 of one or more products
covered by this Regulation, in order to prevent or counteract
adverse effects on the market of the Community which may
result from those imports, if:

(a)

the imports are made at a price below the level notified by
the Community to the World Trade Organisation (‘the
trigger price’); or

(b)

the volume of imports in any year exceeds a certain level
(‘the trigger volume’).

S e c t i o n I I

I m p o r t d u t i e s a n d e n t r y p r i c e s y s t e m

The trigger volume shall be based on market access opportu-
nities defined as imports as a percentage of the corresponding
domestic consumption during the three previous years.

Article 33

Import duties

2. Additional import duties shall not be imposed where the
imports are unlikely to disturb the Community market, or where
the effects would be disproportionate to the intended objective.

Unless otherwise provided for in this Regulation, the import duty
rates in the Common Customs Tariff shall apply to products
covered by this Regulation.

Article 34

Entry price system

1.
Should application of the Common Customs Tariff duty rate
depend on the entry price of the imported consignment, the
veracity of this price shall be checked using a flat-rate import
value calculated by the Commission, by product and by origin,
on the basis of the weighted average of prices for the product on
Member States’ representative import markets or on other
markets, where appropriate.

Specific provisions may, however, be adopted for verifying the
entry price of products imported primarily for processing, in
accordance with the procedure referred to in Article 46(2) of
Regulation (EC) No 2200/96.

For the purposes of paragraph 1(a), import prices shall be
the

3.
determined on the basis of
consignment under consideration.

the CIF import prices of

CIF import prices shall be checked against the representative
prices for the product concerned on the world market or on the
Community import market.

4. Detailed rules for the application of this Article shall be
adopted in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96. Such detailed
rules shall specify in particular:

(a)

(b)

the products to which additional
applied;

import duties shall be

other criteria necessary to ensure application of para-
graph 1.

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S e c t i o n I I I

S e c t i o n I V

I m p o r t q u o t a m a n a g e m e n t

S a f e g u a r d m e a s u r e s a n d i n w a r d p r o c e s s i n g

Article 36

Tariff quotas

1. Tariff quotas for imports of products covered by this
Regulation resulting from agreements concluded in accordance
with Article 300 of the Treaty or from an act of the Council shall
be opened and administered by the Commission under detailed
rules adopted in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96.

2. Tariff quotas shall be administered in a manner which avoids
any discrimination between the operators concerned, by
applying one of the following methods or a combination of
them or another appropriate method:

(a)

a method based on the chronological order of the lodging
of applications (‘first come, first served’ principle);

(b)

a method of distribution in proportion to the quantities
requested when the applications were lodged (using the
‘simultaneous examination method’);

(c)

a method based on taking into account traditional trade
patterns (using the ‘traditional/newcomers method’).

3. The method of
administration adopted shall, where
appropriate, give due weight to the supply requirements of the
Community market and the need to safeguard the equilibrium of
that market.

Article 37

Opening of tariff quotas

The Commission shall, in accordance with the procedure referred
to in Article 46(2) of Regulation (EC) No 2200/96, provide for
the annual tariff quotas, if necessary suitably phased over the
year, and determine the administrative method to be used.

Detailed rules for the implementation of this Section shall be
adopted in accordance with the same procedure, in particular on:

(a)

guarantees covering the nature, provenance and origin of
the product;

(b)

recognition of
guarantees referred to in point (a);

the document used for verifying the

(c)

the conditions under which import licences shall be issued
and their term of validity.

Article 38

Safeguard measures

1.
Safeguard measures against imports into the Community
shall be taken by the Commission, subject to paragraph 3 of this
Article, in accordance with Council Regulation (EC) No 519/94
of 7 March 1994 on common rules for imports from certain
third countries (1) and Council Regulation (EC) No 3285/94 of
22 December 1994 on the common rules for imports (2).

2. Unless otherwise provided by the Council,
safeguard
measures against imports into the Community provided for in
international agreements concluded in accordance with Arti-
cle 300 of the Treaty shall be taken by the Commission in
accordance with paragraph 3 of this Article.

3.
Safeguard measures referred to in paragraphs 1 and 2 may
be taken by the Commission at the request of a Member State or
on its own initiative. If the Commission receives such a request
from a Member State, it shall take a decision thereon within five
working days following receipt of the request.

The Member States shall be notified of such safeguard measures,
which shall be immediately applicable.

Decisions taken by the Commission pursuant to paragraphs 1
and 2 may be referred to the Council by any Member State
within five working days of the date on which they were notified.
The Council shall meet without delay. It may, acting by qualified
majority, amend or repeal the decision in question within one
month following the date on which it was referred to the
Council.

4. Where the Commission considers
that any safeguard
measure taken in accordance with paragraphs 1 or 2 should be
revoked or amended, it shall proceed as follows:

(a) where the measure was enacted by the Council,
the
it be
Commission shall propose to the Council
revoked or amended. The Council shall act by qualified
majority;

that

(b)

in all other cases, Community safeguard measures shall be
revoked or amended by the Commission.

Article 39

Suspension of inward processing arrangements

1. Where the Community market is disturbed or is liable to be
disturbed by inward processing arrangements, the Commission
may at the request of a Member State or on its own initiative fully

(1) OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation

(EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by
Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).

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or partially suspend the use of inward processing arrangements
for products covered by this Regulation. If the Commission
receives a request from a Member State, it shall take a decision
thereon within five working days following receipt of the request.

The Member States shall be notified of such measures, which
shall be immediately applicable.

Measures decided on by the Commission pursuant to the first
subparagraph may be referred to the Council by any Member
State within five working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
within one month following the date on which they were
referred to the Council.

Measures decided on by the Commission pursuant to the first
subparagraph may be referred to the Council by any Member
State within five working days of the date on which they were
notified. The Council shall meet without delay. It may, acting by
qualified majority, amend or repeal the measures in question
within one month following the date on which they were
referred to the Council.

2. To the extent necessary for the proper functioning of the
common organisations of the market for the products covered
by this Regulation, the use of inward processing arrangements
for those products may be fully or partially prohibited by the
Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty.

CHAPTER III

Exports

S e c t i o n I

E x p o r t l i c e n c e s

Article 40

Optional export licence systems

1. The Commission may decide that exports
from the
Community of products covered by this Regulation shall be
subject to presentation of an export licence.

2. Articles 29, 30 and 31 shall apply mutatis mutandis.

3. Detailed rules for the application of this Article, including
the terms of validity of the licences and the rate of security, shall
be adopted in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96.

2. To the extent necessary for the proper functioning of the
common organisations of the market in the products covered by
this Regulation, the use of outward processing arrangements for
those products may be fully or partially prohibited by the
Council, acting in accordance with the procedure laid down in
Article 37(2) of the Treaty.

TITLE VI

IMPLEMENTING, AMENDING AND FINAL PROVISIONS

CHAPTER I

Implementing provisions

Article 42

Detailed implementing rules

Detailed rules for the implementation of this Regulation shall be
adopted in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96. These rules may
include, in particular:

(a)

rules for the implementation of Title II, including:

(i)

subject

the products
to standardisation and the
making of provision for marketing standards referred
to in Article 2, in particular to define what constitutes
a product which is of sound, fair and of marketable
quality;

(ii)

rules on conformity inspections, in particular on their
consistent application in Member States;

S e c t i o n I I

(iii)

rules on derogations and exemptions
application of the marketing standards;

from the

S u s p e n s i o n o f o u t w a r d p r o c e s s i n g

Article 41

Suspension of outward processing arrangements

1. Where the Community market is disturbed or is liable to be
disturbed by outward processing arrangements, the Commission
may at the request of a Member State or on its own initiative fully
or partially suspend the use of outward processing arrangements
for the products covered by this Regulation. If the Commission
receives a request from a Member State, it shall take a decision
thereon within five working days following receipt of the request.

The Member States shall be notified of such measures, which
shall be immediately applicable.

(iv)

rules on presentation, marketing and labelling;

(v)

rules on the application of the marketing standards to
products imported into the Community and products
exported from the Community;

(b)

rules for the implementation of Title III, including:

(i)

rules on transnational producer organisations and
transnational associations of producer organisations
including administrative assistance to be given by the
relevant competent authorities in the case of trans-
national cooperation;

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(ii)

rules on financing of the measures referred to in
Article 7, inter alia, the thresholds and ceilings for aid
and the degree of Community co-financing of the aid;

the products listed in Article 1(2) of Regulation (EC) No 2200/96
and Article 1(2) of Regulation (EC) No 2201/96, and potatoes,
fresh or chilled, of CN code 0701.

(iii)

the proportion of and detailed rules for reimburse-
ment of the assistance referred to in Article 11(1);

By way of derogation from the first subparagraph:

(iv)

rules on investments on individual holdings;

(v)

the dates for the communications and notifications
referred to in Article 13;

(vi) provision for partial payments of the Community

financial assistance referred to in Article 13;

(c)

rules for the implementation of Title IV;

(d)

(e)

(f)

(g)

(h)

(i)

rules concerning administrative and physical controls to be
carried out by the Member States with regard to the
fulfilment of obligations resulting from the application of
this Regulation;

a system for the application of administrative penalties
where non-compliances with any of
the obligations
resulting from the application of this Regulation are found.
The administrative penalties shall be graduated according to
the severity, extent, permanence and repetition of the non-
compliance found;

rules regarding the recovery of undue payments resulting
from the application of this Regulation;

rules on the reporting of the controls carried out as well as
their results;

rules for the implementation of Title V,
measures specifically referred to in that Title;

including the

rules to determine what information is necessary for the
purposes of application of Article 44, as well as those on its
form, content, timing and deadlines and on arrangements
transmitting or making available information and
for
documents;

(j) measures required to facilitate the transition from the
arrangements provided for in Regulations (EC) No 2200/
96, (EC) No 2201/96 and (EC) No 2202/96 to those laid
down in this Regulation,
including those for the imple-
mentation of Article 55 of this Regulation.

CHAPTER II

Amendments, repeal and final provisions

Article 43

State aid

(a) Member States may continue to provide State aid under any
existing schemes in respect of the production of and trade
fresh or chilled, of CN code 0701 until
in potatoes,
31 December 2011;

(b)

Spain and Italy may provide, during the 2007/2008
marketing year, State aid of up to EUR 15 million in order
to support the adaptation of the tomato processing sector
to the provisions set out in this Regulation;

(c) Member States may provide state aid until 31 December

2010 under the following conditions:

(i)

the State aid is paid only to producers of fruit and
vegetables who are not members of a recognised
producer organisation and who sign a contract with a
recognised producer organisation in which they accept
they shall apply the crisis prevention and
that
management measures of the producer organisation
concerned;

(ii)

the amount of State aid paid to such producers is no
more than 75 % of the Community support received
by the members of
the producer organisation
concerned; and

a report

(iii) by 31 December 2010, the Member State concerned
to the Commission on the
presents
effectiveness and efficiency of
in
particular analysing how much it has supported the
organisation of
the sector. The Commission shall
examine the report and decide whether to make any
appropriate proposals.

the State aid,

Article 44

Communications

Member States and the Commission shall provide each other
with any information necessary for the application of
this
Regulation,
for market monitoring and analysis and for
complying with the international obligations concerning the
products covered by this Regulation.

Article 45

Expenditure

Unless otherwise provided for in this Regulation, Articles 87, 88
and 89 of the Treaty shall apply to the production of and trade in

Expenditure under
this Regulation shall be deemed to be
intervention measures to regulate agricultural markets as referred
to in Article 3(1)(b) of Regulation (EC) No 1290/2005.

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Article 46

Amendment to Regulation (EEC) No 827/68

CN code

Description

0809

0810

Apricots, cherries, peaches (including nectar-
ines), plums and sloes, fresh

Other fruit, fresh

In the Annex to Regulation (EEC) No 827/68, the entry for CN
code 0910 shall be replaced by the following:

0813 50 31
0813 50 39

Mixtures exclusively of dried nuts of CN codes
0801 and 0802

‘ex 0910 Ginger, turmeric (curcuma), bay leaves, curry and

other spices, excluding thyme and saffron’.

0910 20

Saffron

ex 0910 99

Thyme, fresh or chilled

ex 1211 90 85

Basil, melissa, mint, origanum vulgare (oregano/
wild marjoram), rosemary, sage, fresh or chilled

1212 99 30

Locust (or carob) beans’

Article 47

Amendments to Regulation (EC) No 2200/96

2.

Titles I to VI, Articles 43 and 44, Articles 47 to 57 and
Annexes I to V shall be deleted.

Regulation (EC) No 2200/96 is hereby amended as follows:

3.

Article 46 shall be replaced by the following:

1.

in Article 1(2), the table shall be replaced by the following:

‘Article 46

Cucumbers and gherkins, fresh or chilled

Regulation (EC) No 2201/96 is hereby amended as follows:

‘CN code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

0704

0705

0706

0707 00

0708

ex 0709

ex 0802

Onions, shallots, garlic, leeks and other alliac-
eous vegetables, fresh or chilled

Cabbages, cauliflowers, kohlrabi, kale and
similar edible brassicas, fresh or chilled

Lettuce (Lactuca sativa) and chicory (Cichorium
spp.), fresh or chilled

Carrots, turnips, salad beetroot, salsify, celeriac,
radishes and similar edible roots, fresh or
chilled

Leguminous vegetables, shelled or unshelled,
fresh or chilled

Other vegetables, fresh or chilled, excluding
vegetables of subheadings 0709 60 91,
0709 60 95, 0709 60 99, 0709 90 31,
0709 90 39 and 0709 90 60

Other nuts, fresh or dried, whether or not
shelled or peeled, excluding areca (or betel) and
cola nuts falling within subheading
0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

0808

Melons (including watermelons) and pawpaws
(papayas), fresh

Apples, pears and quinces, fresh

1. The Commission shall be assisted by a Management
Committee for Fruit and Vegetables (hereinafter referred to
as “the Committee”).

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/
EC shall be set at one month.’

Article 48

Amendments to Regulation (EC) No 2201/96

1.

Article 1(3) shall be replaced by the following:

‘3. The marketing years for the products referred to in
paragraph 2 shall be fixed, if necessary, in accordance with
the procedure referred to in Article 46(2) of Regulation (EC)
No 2200/96.’

2.

Titles I and II, Articles 23 to 32 and Annexes I to III shall be
deleted.

Article 49

Amendments to Regulation (EC) No 2826/2000

Regulation (EC) No 2826/2000 is hereby amended as follows:

1.

the following subparagraph shall be added to Article 5(3):

‘As regards the promotion of fresh fruits and vegetables, a
focus shall be given to promotion targeted at
special
children in educational establishments.’

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2.

The following subparagraph shall be added to Article 9(2):

‘The percentage referred to in the first subparagraph shall
be 60 % in the case of promotion of fruit and vegetables
targeted only at children in educational establishments.’

Article 50

Amendment to Directive 2001/112/EC

The
following indent
Directive 2001/112/EC:

shall be

added to Article 7 of

‘— bringing this Directive into line with developments in
relevant international standards, where appropriate.’

Article 51

Amendment to Directive 2001/113/EC

The
following indent
Directive 2001/113/EC:

shall be

added to Article 5 of

‘— bringing this Directive into line with developments in
relevant international standards, where appropriate.’

Article 52

Amendments to Regulation (EC) No 1782/2003

Regulation (EC) No 1782/2003 is hereby amended as follows:

In the case of sugar beet, cane and chicory, the reference
amount shall be calculated on the basis of the closest
marketing year prior to the representative period chosen in
accordance with point K of Annex VII. In the case of
bananas, it shall be calculated on the basis of the closest
marketing year prior to the representative period chosen in
accordance with point L of Annex VII. In the case of fruit
and vegetables, ware potatoes and nurseries,
it shall be
calculated on the basis of the closest marketing year prior
to the representative period chosen in accordance with
point M of Annex VII. In those cases, paragraph 1 shall
apply mutatis mutandis.’

4.

The following subparagraph shall be added to Article 42(8):

‘However,
in the case of application of paragraph 5,
Member States may decide that, for 2007, unused payment
entitlements corresponding to an equivalent number of
hectares declared by the farmer and used for ware potatoes
or for fruits and vegetables shall not revert to the national
reserve.’

5.

In Article 43(2), point (a) shall be replaced by the following:

‘(a)

in the case of potato starch, dried fodder, seed, olive
groves, and tobacco aids listed in Annex VII, the
number of hectares whose production has been
granted the aid in the reference period, as calculated
in accordance with points B, D, F, H and I of
Annex VII;

1.

In Article 33(1), point (a) shall be replaced by the following:

(aa)

‘(a)

they have been granted a payment in the reference
period referred to in Article 38 under at least one of
the support schemes referred to in Annex VI or, in the
case of olive oil, in the marketing years referred to in
the second subparagraph of Article 37(1), or, in the
if they have
case of sugar beet, cane and chicory,
benefited from market support in the representative
period referred to in point K of Annex VII, or, in the
case of bananas,
they have benefited from
compensation for loss of income in the representative
period referred to in point L of Annex VII, or, in the
case of
fruit and vegetables, ware potatoes and
nurseries, if they were producers of fruit and vegetable
products, ware potatoes or nurseries in the represen-
tative period applied by Member States for those
products in accordance with point M of Annex VII;’.

if

in the case of sugar beet, cane and chicory, the
number of hectares as calculated in accordance with
point 4 of point K of Annex VII;

(ab)

in the case of bananas, the number of hectares as
calculated in accordance with point L of Annex VII;

(ac)

in the case of fruit and vegetables, ware potatoes and
nurseries, the number of hectares as calculated in
accordance with point M of Annex VII;’.

6.

In Article 44(2), the second subparagraph shall be replaced
by the following:

‘“Eligible hectare” shall also mean one of the following:

2.

The following subparagraph shall be added to Article 37(1):

(a)

areas planted with hops or being under a temporary
resting obligation;

‘For fruit and vegetables, ware potatoes and nurseries the
reference amount shall be calculated and adjusted in
accordance with point M of Annex VII.’

(b)

areas under olive trees;

3.

Article 40(2) shall be replaced by the following:

(c)

areas planted with bananas;

‘2.
If the whole reference period was affected by the case
of force majeure or exceptional circumstances, the Member
State shall calculate the reference amount on the basis of
the 1997 to 1999 period.

(d)

areas with permanent fruit and vegetables crops;

(e)

nurseries.’

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7.

The following paragraph shall be added to Article 45:

10. The following subparagraph shall be added to Article 63(3):

‘3. However, for 2007, in Member States that have not
made use of the option in Article 71 and that are not
in the second
the option set out
making use of
subparagraph of Article 51, unused payment entitlements
corresponding to an equivalent number of hectares
declared by the farmer and used for ware potatoes or for
fruit and vegetables shall not revert to the national reserve.’

‘With regard to the inclusion of the fruit and vegetables,
ware potatoes and nurseries payments component in the
single payment scheme, Members States may decide, by
1 April 2008, to apply the derogation provided for in the
first subparagraph.’

8.

Article 51 shall be replaced by the following:

11. Article 64(2) shall be replaced by the following:

‘Article 51

Agricultural use of the land

Farmers may use the parcels declared in accordance with
for
Article 44(3)
permanent crops. However, farmers may use the parcels
for the following:

for any agricultural activity except

(a)

hops;

(b)

olive trees;

(c)

bananas;

(d)

permanent fruit and vegetable crops;

(e)

nurseries.

By way of derogation from the first subparagraph, a
Member State may decide, by 1 November 2007, that until
a date to be fixed by the Member State but no later than
31 December 2010, the parcels in one or more regions of
the Member State may continue not to be used for:

(a)

the products
the production of one or more of
referred to in Article 1(2) of Regulation (EC) No 2200/
96 and in Article 1(2) of Regulation (EC) No 2201/96.
However in this case, Member States may decide to
allow secondary crops to be cultivated on the eligible
hectares during a maximum period of three months
starting each year on 15 August; however, at the
request of a Member State, this date may be modified
in accordance with the procedure referred to in
Article 144(2) for regions where cereals are normally
harvested earlier for climatic reasons; and/or

(b)

the production of ware potatoes; and/or

(c)

nurseries.’

9.

Article 60(8) shall be replaced by the following:

‘8. Where a Member State decides to use the derogation
in the second subparagraph of Article 51,
it may also
decide, by 1 November 2007, to apply paragraphs 1 to 7 of
this Article for the same period. Paragraphs 1 to 7 of this
Article shall not apply in any other case.’

‘2. According to the choice made by each Member State,
the Commission shall fix, in accordance with the procedure
referred to in Article 144(2), a ceiling for each of the direct
payments provided for in Articles 66 to 69.

This ceiling shall be equal to the component of each type of
direct payment
in the national ceilings referred to in
Article 41, multiplied by the percentages of reduction
applied by Member States in accordance with Articles 66 to
69. The total amount of the fixed ceilings shall be deducted
from the national ceilings referred to in Article 41 in
accordance with the procedure referred to in Arti-
cle 144(2).’

12. Article 65(1) shall be replaced by the following:

For the entitlements to be allocated to farmers, after
‘1.
any possible reduction under Article 41, the component of
the reference amount which results from each of the direct
payments provided for in Articles 66 to 69 shall be reduced
by the percentage to be fixed by Member States within the
for direct payments
limit
provided for in Article 68b, within the period fixed by
Member States in accordance with that Article.’

fixed in those Articles, and,

13. The following Article shall be inserted after Article 68a:

‘Article 68b

Transitional fruit and vegetables payments

1. Member States may decide, by 1 November 2007, to
the
retain, until 31 December 2011, up to 50 % of
component of national ceilings referred to in Article 41
corresponding to certain tomatoes which are supplied for
processing and were eligible under the aid scheme set out in
Regulation (EC) No 2201/96.

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2), the Member State concerned
shall make, on a yearly basis, an additional payment to
farmers.

The additional payment
shall be granted to farmers
producing such tomatoes under the conditions provided
for in Chapter 10g of Title IV.

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2. Member States may decide, by 1 November 2007, to
retain:

Member State

Amount
(EUR million per calendar year)

(a)

(b)

ceilings

the
until 31 December 2010, up to 100 % of
referred to in
component of national
Article 41 corresponding to certain fruit
and
vegetable crops other than annual crops listed in the
third subparagraph of
this paragraph which are
supplied for processing and were eligible under the
aid schemes set out in Regulations (EC) No 2201/96
and (EC) No 2202/96; and

from 1 January 2011 to 31 December 2012, up to
75 % of the component of national ceilings referred to
in Article 41 corresponding to certain fruit and
vegetable crops other than annual crops listed in the
third subparagraph of
this paragraph which are
supplied for processing and were eligible under the
aid schemes set out in Regulations (EC) No 2201/96
and (EC) No 2202/96.

In this case and within the limit of the ceiling fixed in
accordance with Article 64(2), the Member State concerned
shall make, on a yearly basis, an additional payment to
farmers.

shall be granted to farmers
The additional payment
producing one or more of
the following fruit and
vegetables which are supplied for processing and were
eligible under the aid schemes set out in Regulations (EC)
No 2201/96 and (EC) No 2202/96, as determined by the
Member State concerned, under the conditions provided for
in Chapter 10g of Title IV:

(a)

fresh figs;

(b)

fresh citrus fruits;

(c)

table grapes;

(d)

pears;

Cyprus

Malta

Hungary

Romania

Poland

Portugal

Slovakia

0,274

0,932

4,512

1,738

6,715

33,333

1,018

4. The component of national ceilings referred to in
paragraph 2 corresponding to fruit and vegetable crops
other than annual crops shall be as follows:

Member State

Bulgaria

Czech Republic

Greece

Spain

France

Italy

Cyprus

Hungary

Romania

Portugal

Slovakia

Amount
(EUR million per calendar year)

0,851

0,063

153,833

110,633

44,033

131,700

In 2008: 4,793
In 2009: 4,856
In 2010: 4,919
In 2011: 4,982
In 2012: 5,045

0,244

0,025

2,900

0,007’

(e)

peaches and nectarines; and

(f)

certain types of plums derived from “d’Ente” plums.

3. The component of national ceilings referred to in
paragraph 1 corresponding to tomatoes shall be as follows:

14. Article 71g shall be deleted.

Member State

Bulgaria

Czech Republic

Greece

Spain

France

Italy

Amount
(EUR million per calendar year)

cle 71k(2):

15. The following subparagraph shall be added to Arti-

5,394

0,414

35,733

56,233

8,033

183,967

‘However, with regard to the inclusion of the fruit and
vegetables payments component in the single payment
scheme, new Members States may decide, by 1 April 2008,
or by 1 August of the year preceding the first year of
application of the single payment scheme, to apply the
derogation provided for in the first subparagraph.’

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16.

In Title IV, the following Chapters shall be added after
Chapter 10f:

CHAPTER 10h

‘CHAPTER 10g

TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS

Article 110t

Transitional area aid

In the case of application of Articles 68b(1) or
1.
143bc(1) during the period referred to in those provisions,
a transitional area aid may be granted, under the conditions
laid down in this Chapter, to farmers producing certain
tomatoes, as determined by the Member States, which are
supplied for processing.

2.
In the case of application of Articles 68b(2) or
143bc(2) during the period referred to in those provisions,
a transitional area aid may be granted, under the conditions
laid down in this Chapter, to farmers producing certain fruit
and vegetable products listed in the third subparagraph of
Article 68b(2), as determined by the Member States, which
are supplied for processing.

Article 110u

Amount of the aid and eligibility

1. Member States shall fix the aid per hectare on which
tomatoes and each fruit and vegetable listed in the third
subparagraph of Article 68b(2) is grown on the basis of
objective and non-discriminatory criteria.

2. The total amount of payments shall in no case exceed
the ceiling fixed in accordance with Article 64(2) or
Article 143bc.

3. The aid shall be granted only in respect of areas whose
production is covered by a contract for processing into one
of the products listed in Article 1(2) of Regulation (EC)
No 2201/1996.

4. Member States may make the granting of Community
aid subject to further objective and non-discriminatory
criteria,
including being conditional on farmers being
members of a producer organisation or producer group
recognised, respectively, under Articles 4 or 7 of Council
Regulation (EC) No 1182/2007 of 26 September 2007
laying down specific rules as regards the fruit and vegetable
sector (*).

5. By 1 November 2007, Member States shall notify the
Commission of their decision to apply Articles 68b or
143bc, the amount retained under those Articles and the
criteria referred to in paragraph 1 of this Article.

TRANSITIONAL SOFT FRUIT PAYMENT

Article 110v

Soft fruit payment

1. A transitional area aid shall apply during the period
ending on 31 December 2012 in respect of strawberries
falling within CN code 0810 10 00 and raspberries falling
within CN code 0810 20 10 which are supplied for
processing.

2. The aid shall be granted only in respect of areas whose
production is covered by a contract for processing into one
of the products listed in Article 1(2) of Regulation (EC)
No 2201/1996.

3. The Community aid shall be EUR 230 per hectare per
year.

4. Member States may grant national aid in addition to
the Community aid. The total amount of Community and
national aid paid shall not exceed EUR 400 per hectare per
year.

5. The aid shall be paid only in respect of maximum
national guaranteed areas allocated to Member States as
follows:

Member State

National guaranteed area
(hectares)

Bulgaria

Hungary

Latvia

Lithuania

Poland

2 400

1 700

400

600

48 000

If the eligible area in a given Member State and in a given
year exceeds the maximum national guaranteed area, the
aid amount referred to in paragraph 3 shall be reduced
proportionately to the overrun of the maximum national
guaranteed area.

6. Articles 143a and 143c shall not apply to the
transitional soft fruit payment.

(*) OJ L 273, 17.10.2007, p. 1’

17. Article 143b(1) shall be replaced by the following:

‘1.
The new Member States may decide not later than on
the date of accession to replace the direct payments, with
the exception of the aid for energy crops established in
Chapter 5 of Title IV and of the transitional soft fruit
payment established in Chapter 10h of Title IV, during the
period of application referred to in paragraph 9, by a single
area payment which shall be calculated in accordance with
paragraph 2.’

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18. The third indent of Article 143b(3) shall be replaced by the

Article 143bc

following:

for

‘— adjusted using the relevant percentage specified in
introduction of direct
Article 143a for the gradual
payments, except
the amounts available in
accordance with point 2 of point K of Annex VII or
in accordance with the differential between these
amounts and those actually applied as referred to in
Article 143ba(4),
the amounts
and except
corresponding to the fruits and vegetable sector in
accordance with paragraphs 3 and 4 of Article 68b or
in accordance with the differential between these
amounts and those actually applied as referred to in
Articles 143bb(4) and 143bc(3).’

for

19. The following Articles shall be inserted after Article 143ba:

‘Article 143bb

Separate fruit and vegetables payment

1. By way of derogation from Article 143b, the new
Member States applying the single area payment scheme
may decide, by 1 November 2007, to grant a separate fruit
and vegetables payment to farmers eligible under the single
area payment scheme. It shall be granted on the basis of
objective and non-discriminatory criteria such as those set
out in the first paragraph of point M of Annex VII and in
respect of a representative period as set out
in that
paragraph.

2. The separate fruit and vegetables payment shall be
granted within the limits of the component of the national
ceiling referred to in Article 71c corresponding to fruit and
vegetables.

3. By way of derogation from paragraph 2, each new
Member State concerned may decide, by 1 November
2007, on the basis of objective criteria to apply for the
separate fruit and vegetables payment a lower ceiling than
that set out in that paragraph.

4. The funds made available for granting the separate fruit
and vegetables payment in accordance with paragraphs 1, 2
and 3 shall not be included in the annual financial envelope
referred to in Article 143b(3).

5. Articles 143a and 143c shall not apply to the separate
fruit and vegetables payment.

Transitional fruit and vegetables payment

1. By way of derogation from Article 143b, the new
Member States applying the single area payment scheme
may decide, by 1 November 2007,
to retain, until
31 December 2011, up to 50 % of the component of
national ceilings referred to in Article 41 corresponding to
tomatoes falling within CN code 0702 00 00.

In this case and within the limit of the ceiling fixed in
accordance with the procedure referred to in Article 144(2),
the Member State concerned shall make, on a yearly basis,
an additional payment to farmers.

The additional payment
shall be granted to farmers
producing tomatoes under the conditions provided for in
Chapter 10g of Title IV.

2. By way of derogation from Article 143b, the new
Member States applying the single area payment scheme
may decide, by 1 November 2007, to retain:

(a)

(b)

the
until 31 December 2010, up to 100 % of
component of national
referred to in
Article 71c corresponding to the fruit and vegetable
crops other than annual crops listed in the third
subparagraph of Article 68b(2);

ceilings

from 1 January 2011 until 31 December 2012, up to
75 % of the component of national ceilings referred to
in Article 71c corresponding to fruit and vegetable
crops other than annual crops listed in the third
subparagraph of Article 68b(2).

In this case and within the limit of the ceiling fixed in
accordance with the procedure referred to in Article 144(2),
the Member State concerned shall make, on a yearly basis,
an additional payment to farmers.

The additional payment
shall be granted to farmers
producing one or more of the fruit and vegetables, as
determined by the Member State concerned, listed in the
third subparagraph of Article 68b(2).

3. The funds made available for granting the transitional
fruit and vegetables payment in accordance with para-
graphs 1 and 2 shall not be included in the annual financial
envelope referred to in Article 143b(3).

4. Articles 143a and 143c shall not apply to the
transitional fruit and vegetables payment.’

20.

In Article 145, the following point shall be inserted after
point (d)c):

6.
In the case of actual or anticipated inheritance, the
separate fruit and vegetables payment shall be granted to
the farmer who inherited the holding, under the condition
that this farmer is eligible under the single area payment
scheme.

‘(d)d)
detailed implementing rules relating to the inclusion
of fruit and vegetables, ware potatoes and nurseries support
in the single payment scheme and relating to the payments
referred to in Chapters 10g and 10h of Title IV;’.

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21. Article 155 shall be replaced by the following:

Article 55

‘Article 155

Other transitional rules

(EC) No 2201/96,

(EC) No 2200/96,

Further measures required to facilitate the transition from
the arrangements provided for in the Regulations referred
to in Articles 152 and 153 and in Regulations (EEC)
No 404/93,
(EC)
No 2202/96 and (EC) No 1260/2001 to those established
by this Regulation, notably those related to the application
of Articles 4 and 5 of and the Annex to Regulation (EC)
No 1259/1999 and Article 6 of Regulation (EC) No 1251/
1999, and from the provisions related to the improvement
plans provided for in Regulation (EEC) No 1035/72 to
those referred to in Articles 83 to 87 of this Regulation,
may be adopted in accordance with the procedure referred
to in Article 144(2) of this Regulation. Regulations and
Articles referred to in Articles 152 and 153 shall continue
to apply for the purpose of
the
reference amounts referred to in Annex VII.’

the establishment of

Transitional provisions

1. The aid schemes set out in Regulations (EC) No 2201/96
and (EC) No 2202/96 and abolished by this Regulation shall
remain applicable in respect of each of the products concerned
for the marketing year for that product ending in 2008.

already

Producer organisations

and associations of producer
2.
under Regulation (EC)
organisations
recognised
No 2200/96 before the date of entry into force of
this
Regulation shall continue to be recognised under this Regulation.
Where necessary, they shall make adaptations to the require-
ments of this Regulation by 31 December 2010.

3. At the request of a producer organisation, an operational
programme approved under Regulation (EC) No 2200/96 before
the date of application of this Regulation:

22. The Annexes shall be amended in accordance with Annex II

to this Regulation.

(a) may continue to run until its end; or

Article 53

(b)

be modified to meet the requirements of this Regulation; or

Amendments to Regulation (EC) No 318/2006

(c)

be replaced by a new operational programme approved
under this Regulation.

Regulation (EC) No 318/2006 shall be amended as follows:

1.

In paragraphs 1, 2 and 4 of Article 32, the words ‘or
Annex VIII’ shall be inserted after ‘Annex VII’.

2.

The following Annex shall be added after Annex VII:

‘ANNEX VIII

Processed fruit and vegetable products

The products listed in Article 1(2)(b) of Council Regulation
(EC) No 2201/96 of 28 October 1996 on the common
organisation of the markets in processed fruit and vegetable
products (*).

(*) OJ L 297, 21.11.1996, p. 29. Regulation as last
amended by Regulation (EC) No 1182/2007 (OJ
L 273, 17.10.2007, p. 1).’

Article 54

Repeal

Regulation (EC) No 2202/96 shall be repealed.

Article 10(3)(e) and (f) shall apply to operational programmes
submitted in 2007 but not yet approved on the date of
application of this Regulation which otherwise meet the criteria
laid down in those points.

from that acceptance under

Producer groups which were granted preliminary recogni-
4.
tion under Regulation (EC) No 2200/96 shall continue to benefit
from that preliminary recognition under
this Regulation.
Recognition plans accepted under Regulation (EC) No 2200/96
this
shall continue to benefit
Regulation. However, the plans shall be modified, if necessary, so
as to permit the producer group to be able to meet the criteria
for recognition as a producer organisation laid down in Article 4
of this Regulation. As concerns such producer groups in Member
States which acceded to the European Union on 1 May 2004 or
after that date, the aid rates set out in Article 7(4)(a) shall apply
to recognition plans from the date of application of
this
Regulation.

5. The contracts referred to in Article 3(2) of Regulation (EC)
No 2202/96 covering more than one marketing year of the aid
scheme for processing citrus fruits which relate to the marketing
year beginning on 1 October 2008 or to subsequent marketing
years may, with the agreement of both parties to the contract, be
amended or terminated to take into account the repeal of that
the aid. No
Regulation and the consequential abolition of
penalties
its
shall be applied under
implementing rules to the parties concerned as a result of such
an amendment or termination.

that Regulation or

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Official Journal of the European Union

17.10.2007

the transitional
6. Where a Member State makes use of
arrangement under Articles 68b or 143bc of Regulation (EC)
No 1782/2003, the rules adopted pursuant to Article 6 of
Regulation (EC) No 2201/96 or Article 6 of Regulation (EC)
No 2202/96 on the minimum characteristics of the raw material
supplied for processing and minimum quality requirements for
finished products shall remain applicable in respect of the raw
materials harvested in the territory of that Member State.

Article 56

Entry into force

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

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

Done at Brussels, 26 September 2007.

For the Council

The President

J. SILVA

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Exhaustive list of rules that may be extended to non-member producers pursuant to Articles 14 and 23

ANNEX I

1.

Rules on production information:

(a)

notification of growing intentions, by product and where appropriate by variety;

(b)

notification of sowings and plantings;

(c)

notification of total areas grown, by product and if possible variety;

(d)

notification of anticipated tonnages and probable cropping dates by product and if possible variety;

(e)

periodic notification of quantities cropped and available stocks, by variety;

(f)

information on storage capacities.

2.

Production rules:

(a)

choice of seed to be used according to intended destination (fresh market/industrial processing);

(b)

thinning in orchards.

3.

Marketing rules:

(a)

specified dates for commencement of cropping, staggering of marketing;

(b) minimum quality and size requirements;

(c)

preparation, presentation, packaging and marking at first marketing stage;

(d)

indication of product origin.

4.

Rules on the protection of the environment:

(a)

use of fertiliser and manure;

(b)

use of plant-health products and other crop protection methods;

(c) maximum residue content in fruit and vegetables of plant-health products and fertilisers;

(d)

rules on disposal of by-products and used material;

(e)

rules concerning products withdrawn from the market.

5.

Rules on promotion and communication in the context of crisis prevention and management as referred to in
Article 9(2)(c).

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ANNEX II

The Annexes to Regulation (EC) No 1782/2003 are hereby amended as follows:

1.

In Annex I:

(a)

(b)

the row ‘Dried grapes’ shall be deleted; and

after the row ‘Sugar beet and cane used for the production of sugar’, the following rows shall be inserted:

‘Fruit and vegetables delivered for
processing

Title IV, Chapter 10g of this
Regulation

Transitional fruit and vegetables
payments

Strawberries and raspberries deliv-
ered for processing

Title IV, Chapter 10h of this
Regulation

Transitional soft fruit payment

Fruit and vegetables

Article 143bb of this Regulation

Separate fruit and vegetables pay-
ment’

2.

Annex II shall be replaced by the following:

‘ANNEX II

National ceilings referred to in Article 12(2)

Member State

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United Kingdom

2005

4,7
7,7
40,4
45,4
56,9
51,4
15,3
62,3
0,2
6,8
12,4
10,8
8,0
6,6
17,7

2006

6,4
10,3
54,6
61,1
77,3
68,7
20,5
84,5
0,3
9,5
17,1
14,6
10,9
8,8
23,6

2007

8,0
12,9
68,3
76,4
97,0
85,9
25,6
106,4
0,4
12,0
21,3
18,2
13,7
11,0
29,5

2008

8,0
12,9
68,3
79,7
103,8
87,0
25,6
116,5
0,4
12,0
21,4
19,6
13,8
11,0
29,5

2009

8,1
12,9
68,3
79,7
103,9
87,0
25,6
116,6
0,4
12,0
21,4
19,6
13,8
11,0
29,5

2010

8,1
12,9
68,3
79,7
103,9
87,0
25,6
116,6
0,4
12,0
21,4
19,6
13,8
11,0
29,5

2011

8,1
12,9
68,3
79,7
103,9
87,0
25,6
116,6
0,4
12,0
21,4
19,6
13,8
11,0
29,5

(EUR million)

2012

8,1
12,9
68,3
79,7
103,9
87,0
25,6
116,6
0,4
12,0
21,4
19,6
13,8
11,0
29,5’

3.

In Annex V, the rows ‘Dried grapes’, ‘Citrus for processing’ and ‘Tomatoes for processing’ shall be deleted.

4.

In Annex VII, the following point shall be added:

‘M.

Fruit and vegetables, ware potatoes and nurseries

Member States shall determine the amount to be included in the reference amount of each farmer on the basis
of objective and non-discriminatory criteria such as:

— the amount of market support received, directly or indirectly, by the farmer in respect of fruit and

vegetables, ware potatoes and nurseries,

— the area used to produce fruit and vegetables, ware potatoes and nurseries,

— the amount of fruit and vegetables produced, ware potatoes and nurseries,

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in respect of a representative period which could be different for each product, of one or more marketing years
starting from the marketing year ending in 2001 and, in case of the Member States which acceded to the
European Union on 1 May 2004 or after that date, from the marketing year ending in 2004, up to the
marketing year ending in 2007.

Member States shall calculate the applicable hectares referred to in Article 43(2) on the basis of objective and
non-discriminatory criteria such as the areas referred to in the second indent of the first paragraph.

The application of the criteria in this point may be varied between different fruit and vegetable products, ware
potatoes and nurseries, if duly justified on an objective basis. On the same basis, Member States may decide not
to determine the amounts to be included in the reference amount and the applicable hectares under this point
before the end of a transitional three year period ending on 31 December 2010.

For the purposes of this Regulation, “fruit and vegetables” shall mean the products listed in Article 1(2) of
Regulation (EC) No 2200/96 and in Article 1(2) of Regulation (EC) No 2201/96, and “ware potatoes” shall
mean potatoes of CN code 0701 other than those intended for the manufacture of potato starch for which aid is
granted under Article 93.’

5.

Annexes VIII and VIIIa shall be replaced by the following:

‘ANNEX VIII

National ceilings referred to in Article 41

Member State

2005

2006

2007

2008

2009

Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United Kingdom

411 053
943 369
5 148 003
838 289
3 266 092
7 199 000
1 260 142
2 539 000
33 414
386 586
613 000
452 000
467 000
637 388
3 697 528

580 376
1 015 479
5 647 175
2 143 603
4 635 365
8 236 045
1 335 311
3 791 893
36 602
428 329
633 577
504 287
561 956
670 917
3 944 745

593 395
1 021 296
5 695 607
2 171 217
4 649 913
8 282 938
1 337 919
3 813 520
37 051
833 858
737 093
571 377
563 613
755 045
3 960 986

606 935
1 027 278
5 744 240
2 365 298
4 830 954
8 382 272
1 340 752
4 151 330
37 051
846 389
742 610
608 601
565 690
760 281
3 977 175

614 179
1 030 478
5 770 254
2 367 713
4 838 536
8 407 555
1 342 268
4 163 175
37 051
853 090
745 561
609 131
566 801
763 082
3 985 834

(EUR ‘000)

2010 and sub-
sequent

611 805
1 030 478
5 774 254
2 178 382
4 840 413
8 415 555
1 340 521
4 184 720
37 051
853 090
744 955
608 827
565 520
763 082
3 975 849

ANNEX VIIIa

National ceilings referred to in Article 71c

Calendar year

Bulgaria

Czech Republic

Estonia

Cyprus

Latvia

Lithuania

Hungary

Malta

Romania

Poland

Slovenia

Slovakia

2005
2006
2007
2008
2009
2010
2011
2012
2013
2014

2015

2016 and
subsequent
years

228 800
294 551
377 919
470 463
559 622
645 222
730 922
816 522
902 222
902 222

200 384
246 766
287 399
327 621
407 865
488 209
568 553
648 897

23 400
27 300
40 400
50 500
60 500
70 600
80 700
90 800
100 900
100 900

8 900
12 500
17 660
27 167
31 670
36 173
40 676
45 179
49 682
49 682

33 900
43 819
60 764
75 610
90 016
103 916
117 816
131 716
145 616
145 616

92 000
113 847
154 912
193 076
230 560
267 260
303 960
340 660
377 360
377 360

350 800
446 305
540 286
677 521
807 366
933 966
1 060 666
1 187 266
1 313 966
1 313 966

670
830
1 668
3 017
3 434
3 851
4 268
4 685
5 102
5 102

724 600
980 835
1 263 706
1 579 292
1 877 107
2 162 207
2 447 207
2 732 307
3 017 407
3 017 407

35 800
44 184
59 026
73 618
87 942
101 959
115 976
129 993
144 110
144 110

97 700
127 213
161 362
201 937
240 014
276 514
313 114
349 614
386 214
386 214

441 930
532 444
623 399
712 204
889 814
1 067 425
1 245 035
1 422 645

729 241

902 222

100 900

49 682

145 616

377 360

1 313 966

5 102

1 600 256

3 017 407

144 110

386 214

809 585

902 222

100 900

49 682

145 616

377 360

1 313 966

5 102

1 777 866

3 017 407

144 110

386 214’

(EUR ‘000)

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