Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector
Date: 2007-12-21
Institutions: European Commission
Subjects: CCT duties, agricultural insurance, agricultural production, aid to agriculture, control of State aid, customs inspection, food inspection, import licence, marketing standard, operation of the Institutions, operational programme, producer organisation, quality label, regulation of agricultural production

31.12.2007

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Official Journal of the European Union

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

I

REGULATIONS

COMMISSION REGULATION (EC) No 1580/2007

of 21 December 2007

laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC)
No 1182/2007 in the fruit and vegetable sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), and in particular Article 1(3) thereof,

Having regard to Council Regulation (EC) No 2201/96 of 28
October 1996 on the common organisation of the markets in
processed fruit and vegetable products (2), and in particular
Article 1(3) thereof,

Having regard to 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
(EC)
2001/113/EC and Regulations
No 2200/96,
(EC)
(EC) No 2201/96,
No 1782/2003 and (EC) No 318/2006 and repealing Regu-
lation (EC) No 2202/96 (3), and in particular Article 42 thereof,

(EEC) No 827/68,
(EC) No 2826/2000,

Whereas:

(1)

Regulation (EC) No 1182/2007 has modified the
previous regime for the fruit and vegetables sector as
laid down in Regulation (EC) No 2200/96, Regulation
(EC)
(EC) No 2201/96 and Council Regulation
No 2202/96 of 28 October 1996 introducing a
Community aid scheme for producers of certain citrus
fruits (4).

(2)

The existing implementing rules covering the fruit and
vegetables sector are contained in a large number of

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 6/2005 (OJ L 2, 5.1.2005, p. 3).
(2) OJ L 297, 21.11.1996, p. 29. Regulation as last amended by the Act

of Accession 2003.

(3) OJ L 273, 17.10.2007, p. 1.
(4) OJ L 297, 21.11.1996, p. 49. Regulation as last amended by the Act

of Accession 2003.

regulations, many of which have been amended many
times. Those implementing rules need to be changed as
a result of the modifications made to the fruit and vege-
tables regime by Regulation (EC) No 1182/2007, as well
as in the light of experience. The scope of the changes
makes it necessary, in the interests of clarity, to incor-
porate all
the implementing rules in a new, separate
Regulation.

(3)

The following Commission Regulations should therefore
be repealed:

— Regulation (EC) No 3223/94 of 21 December 1994
on detailed rules for the application of the import
arrangements for fruit and vegetables (5),

— Regulation (EC) No 1555/96 of 30 July 1996 on
import duties on

rules of application for additional
fruit and vegetables (6),

— Regulation (EC) No 961/1999 of 6 May 1999 laying
down detailed implementing rules concerning the
extension of rules issued by producer organisations
in the fruit and vegetable sector (7),

— Regulation (EC) No 544/2001 of 20 March 2001
laying down rules for the application of Council
Regulation (EC) No 2200/96 as regards additional
financial assistance to operational funds (8),

— Regulation (EC) No 1148/2001 of 12 June 2001 on
checks on conformity to the marketing standards
applicable to fresh fruit and vegetables (9),

(5) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

(6) OJ L 193, 3.8.1996, p. 1. Regulation as last amended by Regulation

(EC) No 977/2007 (OJ L 217, 22.8.2007, p. 9).

(7) OJ L 119, 7.5.1999, p. 23.
(8) OJ L 81, 21.3.2001, p. 20.
(9) OJ L 156, 13.6.2001, p. 9. Regulation as last amended by Regu-

lation (EC) No 408/2003 (OJ L 62, 6.3.2003, p. 8).

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— Regulation (EC) No 2590/2001 of 21 December
2001 approving operations to checks conformity to
the marketing standards applicable to fresh fruit and
vegetables carried out in Switzerland prior to import
into the European Community (1),

— Regulation (EC) No 1943/2003 of 3 November 2003
laying down rules for the application of Council
Regulation (EC) No 2200/96 as
regards aid to
producer groups granted preliminary recognition (9),

— Regulation (EC) No 1791/2002 of 9 October 2002
approving operations to check conformity with the
marketing standards applicable to fresh fruit and
vegetables carried out in Morocco prior to import
into the European Community (2),

— Regulation (EC) No 103/2004 of 21 January 2004
laying down detailed rules for implementing Council
Regulation (EC) No 2200/96 as regards intervention
arrangements and market withdrawals in the fruit and
vegetable sector (10),

— Regulation (EC) No 2103/2002 of 28 November
2002 approving operations to check conformity to
the marketing standards applicable to fresh fruit and
vegetables carried out in South Africa prior to import
into the European Community (3),

— Regulation (EC) No 1557/2004 of 1 September 2004
approving operations to check conformity to the
marketing standards applicable to certain fresh fruit
carried out in New Zealand prior to import into the
Community (11),

— Regulation (EC) No 48/2003 of 10 January 2003
laying down the
to mixes of
different types of fresh fruit and vegetables in the
same sales package (4),

applicable

rules

— Regulation (EC) No 606/2003 of 2 April 2003
approving operations to check conformity with the
marketing standards applicable to fresh fruit and
vegetables carried out in Israel prior to import into
the Community (5),

— Regulation (EC) No 761/2003 of 30 April 2003
approving operations to check conformity to the
marketing standards applicable to fresh fruit and
vegetables carried out in India prior to import into
the Community (6),

— Regulation (EC) No 1432/2003 of 11 August 2003
laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 regarding the
conditions for recognition of producer organisations
and preliminary recognition of producer groups (7),

— Regulation (EC) No 1433/2003 of 11 August 2003
laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 as regards op-
and
operational
erational
financial assistance (8),

programmes

funds,

(1) OJ L 345, 29.12.2001, p. 20.
(2) OJ L 272, 10.10.2002, p. 7.
(3) OJ L 324, 29.11.2002, p. 11.
(4) OJ L 7, 11.1.2003, p. 65.
(5) OJ L 86, 3.4.2003, p. 15.
(6) OJ L 109, 1.5.2003, p. 7.
(7) OJ L 203, 12.8.2003, p. 18.
(8) OJ L 203, 12.8.2003, p. 25. Regulation as last amended by Regu-

lation (EC) No 576/2006 (OJ L 100, 8.4.2006, p. 4).

— Regulation (EC) No 179/2006 of 1 February 2006
introducing a system of import licences for apples
imported from third countries (12),

— Regulation (EC) No 430/2006 of 15 March 2006
approving operations to check conformity with the
marketing standards applicable to fresh fruit and
vegetables carried out
in Senegal prior to import
into the Community (13),

— Regulation (EC) No 431/2006 of 15 March 2006
approving operations to check conformity to the
marketing standards applicable to fresh fruit and
vegetables carried out in Kenya prior to import into
the Community (14),

— Regulation (EC) No 1790/2006 of 5 December 2006
approving operations to check conformity to the
marketing standards applicable to fresh fruit and
in Turkey prior to import
vegetables carried out
into the Community (15).

(4)

Detailed rules for the implementation of Regulation (EC)
No 1182/2007 should be adopted.

(9) OJ L 286, 4.11.2003, p. 5. Regulation as last amended by Regu-

lation (EC) No 222/2005 (OJ L 39, 11.2.2005, p. 17).

(10) OJ L 16, 23.1.2004, p. 3.
(11) OJ L 283, 2.9.2004, p. 3.
(12) OJ L 29, 2.2.2006, p. 26.
(13) OJ L 79, 16.3.2006, p. 7.
(14) OJ L 79, 16.3.2006, p. 9.
(15) OJ L 339, 6.12.2006, p. 8.

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(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Marketing years should be set for fruit and vegetable
products. Since there are no longer any aid schemes in
the sector which follow the harvesting cycle of
the
products
years may be
harmonised to fit the calendar year.

all marketing

concerned,

authorises

(EC) No

1182/2007

Regulation
the
Commission to provide for marketing standards for
and its Article 2(7)
and vegetable products
fruit
provides
regulations
individual
existing
the
providing for such standards should continue to apply
until new standards are adopted.

that

Member States should lay down rules prioritising checks
traders. To ensure trans-
on particular categories of
parency,
to the
these
Commission.

be notified

should

rules

(13) Member States should ensure that exports of fresh fruits
conform to the
to third countries
and vegetables
marketing standards and should certify conformity,
in
accordance with the Geneva Protocol on standardisation
fresh fruit and vegetables and dry and dried fruit
of
concluded within the United Nations
Economical
Commission for Europe and the OECD scheme for the
application of international standards for fruit and vege-
tables.

Exceptions and exemptions
from the application of
marketing standards should be provided in the case of
certain operations which are either very marginal and/or
specific, or take place at the start of the distribution
chain, or in the case of products intended for processing.

(14)

information particulars

The
required by marketing
standards should be clearly displayed on the packaging/
label.

types of

Packages containing different
fresh fruit and
vegetables are becoming more common on the market
in response to demand from certain consumers. Fair
trading requires that fresh fruit and vegetables sold in
the same package are of uniform quality. For products
for which Community standards have not been adopted
this can be ensured by recourse to general provisions.
Labelling requirements should be laid down for mixes
of different types of fruit and vegetables in the same
package. They should be less strict
than those laid
down by the marketing standards in order to take into
in particular, the space available on the label.
account,

Each Member State should designate the inspection
bodies responsible for carrying out checks on conformity
at each stage of marketing. One of those bodies should
be responsible for contacts and coordination between all
other designated bodies.

Since knowledge of traders and their main characteristics
is an indispensable tool in Member States’ analysis, it is
essential to set up a database on traders of fresh fruit and
vegetables in each Member State.

Conformity checks should be carried out by sampling
and should concentrate on traders most likely to have
goods which do not comply with the standards. Taking
into account the characteristics of their national markets,

(15)

(16)

(17)

Imports of fresh fruit and vegetables from third countries
should conform to the marketing standards or
to
to them. Checks on conformity
standards equivalent
must therefore be carried out before these goods enter
Community customs territory, except in the case of small
lots which the inspection authorities/bodies consider to
be low risk.
In certain third countries which provide
satisfactory guarantees of conformity, pre-export checks
may be carried out by the inspection bodies of these
third countries. Where this option is applied,
the
Member States should regularly verify the effectiveness/
quality of
the pre-export checks carried out by third
country inspection bodies and inform the Commission
of the results of these verifications.

Products intended for processing are not required to
conform to marketing standards,
should be
ensured that they are not sold on the market for fresh
products. Such products should be appropriately labelled
and,
in certain cases/when possible, accompanied by a
processing certificate stating the end-use of the product
which would allow checks to be made.

so it

Fruit and vegetables checked for conformity with the
marketing standards should be subject to the same type
of check at all stages of marketing. The inspection
guidelines
the United Nations
Economic Commission for Europe in line with the
relevant OECD recommendations, should be applied to
this end. Specific arrangements should however be laid
down for checks at the retail sale stage.

recommended

by

Provision should be made for recognition of producer
organisations for the products they request. Where the
recognition is
for
processing,
it should be ensured that they are indeed
delivered for processing.

requested

products

solely

for

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(18)

(19)

In order to help achieve the goals of the fruit and vege-
tables regime and to ensure that producer organisations
carry out their work in a sustainable and effective way,
there should be the utmost stability within producer
in the
a producer
organisations. Membership of
producer organisation should therefore be
a
for
minimum period. It should be left up to the Member
States to lay down the notice periods and the dates on
which resignation from membership are to take effect.

The main and essential activities of a producer organi-
sation should relate to the concentration of supply and
marketing. However, producer organisations should be
allowed to engage in other activities, whether or not of
a commercial nature. Cooperation between producer
organisations should be encouraged by allowing the
fruit and vegetables bought exclusively
marketing of
from another recognised producer organisation to be
left out of the calculations both for the purposes of
the main activity and for other activities. As regards
technical means it is appropriate to
the provision of
widen the scope of how this may be done to include
provision via members of a producer organisation.

(20)

Producer organisations may hold shares in subsidiaries
which help to increase the added value of the production
of their members. Rules should be fixed for calculating
such marketed production. The main
the value of
activities of such subsidiaries should be the same as
those of the producer organisation, after allowing for a
transitional period for adaptation.

(21) Detailed rules should be laid down on the recognition
and functioning of the associations of producer organi-
sations, transnational producer organisations and trans-
national associations of producer organisations provided
for in Regulation (EC) No 1182/2007. For the sake of
consistency, they should as far as possible reflect the
rules laid down for producer organisations.

(22)

In order to facilitate the concentration of supply, the
merger of existing producer organisations to form new
ones should be encouraged by providing rules for the
merger of operational programmes of the merged orga-
nisations.

(23) While respecting the principles whereby a producer orga-
nisation must be formed on the own initiative of
producers and scrutinised by the producers,
it should
be left up to the Member States to lay down the
conditions whereby other natural or legal persons are
accepted as members of a producer organisation and/or
an association of producer organisations.

(24)

(25)

(26)

(27)

(28)

(29)

In order to ensure that producer organisations genuinely
represent a minimum number of producers, Member
States should take measures to ensure that a minority
of members who may account for the bulk of production
in the producer organisation do not unduly dominate its
management and operation.

circumstances

In order to take account of different production and
marketing
the
Member States should lay down certain conditions for
the grant of preliminary recognition to producer groups
which submit a recognition plan.

the Community,

in

To promote the setting-up of stable producer organi-
sations capable of making a lasting contribution to the
attainment of the objectives of the fruit and vegetable
regime, preliminary recognition should be granted only
to producer groups which can demonstrate their ability
to meet all the requirements for recognition within a
specified time limit.

groups

Information which the producer groups must provide in
the recognition plan should be laid down. To enable
recognition
to better meet
producer
conditions, there is a need to authorise changes to recog-
nition plans. To that end, provision should be made
enabling Member States to request from producer orga-
nisation to take corrective action in order to ensure that
their plan is implemented.

the

the

recognition plan is

The producer group may satisfy the conditions for recog-
nition before
completed.
Provision should be made to allow such groups to
submit applications for recognition along with draft op-
erational programmes. For the sake of consistency, the
grant of such recognition to a producer group must
signify the termination of its recognition plan, and the
aid provided for should be discontinued. However, to
take account of the multiannual financing of investments,
investments qualifying for investment aid should be able
to be carried over to operational programmes.

To facilitate the correct application of the system of aid
formation and administrative
to cover
the costs of
that aid should be
operation of producer groups,
flat-rate aid should be
granted at a flat-rate. That
subject to a ceiling in order to comply with budgetary
constraints. Moreover, taking into account the differing
financial needs of producer groups of different sizes, that
ceiling should be adjusted in line with the value of
marketable production of the producer groups.

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(30)

(31)

(32)

(33)

(34)

(35)

(36)

For the sake of consistency and a smooth transition to
the status of a recognised producer group, the same rules
on main activities of producer organisations and their
value of marketed production should apply to producer
groups.

In the event of mergers, the possibility should be given
for the aid to be granted to the producer groups resulting
the
in order to take into account
from the merger,
financial needs of
the new producers groups and to
ensure the correct application of the aid scheme.

To facilitate the use of the scheme of support to opera-
tional programmes, the marketed production of producer
organisations should be clearly defined,
including the
specification of which products may be taken into
account and the marketing stage at which the value of
production is to be calculated. Additional methods of
calculation of marketable production should also be
made possible in case of yearly fluctuations or insuf-
ficient data. To prevent misuse of the scheme, producer
organisations should not
in general be permitted to
change reference periods within the duration of a
programme.

To ensure correct use of aid, rules should be laid down
for the management of operational funds and members’
financial contributions, allowing for as much flexibility a
possible on condition that all producers may take
advantage of the operational fund and may democra-
tically participate in decisions on its use.

Provisions should be laid down establishing the scope
and structure of the national strategy for sustainable op-
erational programmes and the national framework for
environmental actions. Its aim shall be to optimise the
financial resources and to improve the
allocation of
quality of the strategy.

In the interests of sound management, procedures for the
presentation and approval of operational programmes,
including deadlines, should be laid down in order to
allow appropriate evaluation of the information by the
competent authorities, and measures and activities to be
included in, or excluded from, the programmes. Since the
programmes are managed on an annual basis, it should
be provided that programmes not approved before a
given date are postponed for a year.

There should be a procedure for annually amending op-
erational programmes for the following year, so that they
can be adjusted to take account of any new conditions
which could not have been foreseen when they were
initially presented. In addition, it should be possible for
measures and amounts of the operational fund to be
a
changed
year
during
to
programme. All

of
of
such changes should be subject

execution

each

certain limits and conditions, to be defined by Member
States and including obligatory notification of changes to
the
the approved
programmes maintain their overall objectives.

competent authorities,

to ensure

(37)

For reasons of financial security and legal certainty, a list
of operations and expenditure which may not be covered
by operational programmes should be drawn up.

(38)

(39)

In the case of investments on individual holdings, so as
to prevent the unjustified enrichment of a private party
who has severed links with the organisation during the
useful
life of the investment, provisions should be laid
down to allow the organisation to recover the residual
value of the investment, whether such an investment is
owned by a member or by the organisation.

for

To ensure correct application of the scheme, information
to be included in the applications for aid as well as
procedures
the payment of aid should be laid
down. To prevent cash-flow difficulties, a system of
advance payments accompanied by appropriate securities
should be available to producer organisations. For similar
reasons, an alternative system should be available for the
reimbursement of expenditure already incurred.

(40) Detailed provisions on the scope and application of crisis
management and prevention measures should be laid
down. As far as possible these rules should provide for
flexibility and for rapid application in crises and therefore
should allow decisions to be taken by Member States and
producer organisations themselves. Nevertheless the rules
should prevent abuses and provide for limits on the use
of certain measures,
including in financial terms. They
should also ensure that phytosanitary and environmental
requirements are duly respected.

(41) As regards withdrawals from the market, detailed rules
should be adopted taking into account
the potential
importance of that measure. In particular, rules should
be drawn up concerning the system of increased support
for fruit and vegetables withdrawn from the market
which are distributed free of charge as humanitarian
aid by charitable organisations and certain other estab-
lishments and institutions. In addition, maximum levels
of support for market withdrawals should be fixed in
order to ensure that they do not become a permanent
alternative outlet for products compared to placing them
on the market. In this context, for those products for
which maximum levels of Community withdrawal
compensation were set in Annex V to Regulation (EC)
No 2200/96,
it is appropriate to continue using such
levels, subject to a certain degree of increase to reflect
the fact that these withdrawals are now co-financed. For

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other products, where experience has not yet shown any
risk of excessive withdrawals, it is appropriate to allow
Member States to fix maximum levels of support. In all
cases, however, for similar reasons, it is appropriate to set
a quantitative limit of withdrawals per product per
producer organisation.

(42) Detailed rules should be adopted concerning the national
financial assistance which Member States may grant in
regions of the Community where the degree of organi-
sation of producers is particularly low, including defining
such low degree of organisations. Procedures for the
the
approval of
approval and amount of Community reimbursement of
the aid should be provided for, as well as for proportion
of reimbursement which should reflect those currently
applicable.

such national aid as well as

for

(43) Detailed rules, in particular procedural provisions, should
be adopted concerning the conditions under which the
rules issued by producer organisations or associations of
such organisations in the fruit and vegetables sector may
be extended to all producers established in a specific
economic area. Also, where produce is sold on the
tree,
it should be made clear which rules are to be
extended to the producers and the buyers respectively.

to a significant

(44) Apple producers in the Community have recently found
themselves in a difficult situation, due, among other
things,
increase in imports of apples
from certain third countries of the Southern hemisphere.
The monitoring of the import of apples should therefore
be improved. The appropriate instrument for achieving
that objective is a mechanism based on issuing import
licences subject to the provision of a security to ensure
that the operations for which an import licence has been
applied for are actually performed. Commission Regu-
(EC) No 1291/2000 laying down common
lations
detailed rules
the system of
import and export licences and advance fixing certificates
for agricultural products (1) and (EEC) No 2220/85 laying
down common detailed rules for the application of the
system of securities for agricultural products (2) should
apply.

the application of

for

the average prices for

the weighted
should be established on the basis of
average of
the products and
special provision must be made for cases in which no
prices are available for products of a given origin. There
should be provision for the lodging of a security in
certain circumstances
the system is
correctly applied.

to ensure that

(46) Detailed rules should be adopted concerning the import
duty which can be imposed on certain products in
addition to that provided for in the Common Customs
Tariff. The additional duty may be imposed if import
volumes of the products concerned exceed trigger levels
determined for the product and the period of application.
Goods en route to the Community are exempt from
additional duty and,
therefore, specific provisions for
such goods should be adopted.

(47)

Provision should be made for appropriate monitoring
and evaluation of ongoing programmes and schemes in
order to assess their effectiveness and efficiency by both
producer organisations and Member States.

(48) Measures/provisions should be laid down concerning the
type, format and means of communications necessary to
implement
include
communications from producers and producer organi-
sations to the Member States and from the Member
States to the Commission, as well as the consequences
resulting from late or inaccurate communications.

this Regulation. These

should

to irregularities

applicable
should involve both specific

(49) Measures should be laid down for the checks necessary in
order to ensure to proper application of this Regulation
and Regulation (EC) No 1182/2007, and the appropriate
found. Those
sanctions
measures
and
sanctions laid down at the Community level as well as
additional national checks and sanctions. The checks and
sanctions should be dissuasive, effective and propor-
tionate. Rules should be provided for resolving cases of
obvious error, force majeure and other exceptional circum-
stances to ensure fair treatment of producers. Rules for
artificially created situations should be provided for in
order to avoid any benefit being derived from such
situations.

checks

(45) Detailed rules should be adopted concerning the entry
price system for fruit and vegetables. Since most of the
perishable fruit and vegetables concerned are supplied on
consignment,
this creates special difficulties for deter-
mining their value. The possible methods for calculation
of
the entry price on the basis of which imported
products are classified in the Common Customs Tariff
In particular, standard import values
should be set.

(50)

Provisions should be made for a smooth transition from
the previous system to the new system set out in this
Regulation and the implementation of the transitional
provisions set out
in Article 55 of Regulation (EC)
No 1182/2007.

(1) OJ L 152, 24.6.2000, p. 1. Regulation as last amended by Regu-

lation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(2) OJ L 205, 3.8.1985, p. 5. Regulation as last amended by Regulation

(EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

(51)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fruit and Vegetables,

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HAS ADOPTED THIS REGULATION:

TITLE I

INTRODUCTORY PROVISIONS

Article 1

Scope and use of terms

This Regulation lays down implementing rules for Regulation (EC) No 2200/96, Regulation (EC)

1.
No 2201/96 and Regulation (EC) No 1182/2007.

Terms used in Regulations referred to in paragraph 1 shall have the same meaning when used in this

2.
Regulation unless this Regulation provides otherwise.

Article 2

Marketing years

The marketing years for the products listed in Article 1(2) of Regulation (EC) No 2200/96 and in Article
1(2) of Regulation (EC) No 2201/96 shall run from 1 January to 31 December.

TITLE II

CLASSIFICATION OF PRODUCTS

CHAPTER I

General rules

Article 3

Exceptions and exemptions from the application of
marketing standards

By way of derogation from Article 2(5) of Regulation (EC)
1.
No 1182/2007, the following shall not be required to conform
to the marketing standards:

(a) products shipped to processing plants, other than where
minimum quality
intended for
industrial processing are specifically set in this Regulation;

for products

criteria

(b) products transferred by the producer on his holding to

consumers for their personal use; and

(c) on a Commission Decision taken at

the request of a
Member State using the procedure referred to in Article
46 of Regulation (EC) No 2200/1996 for products of a
given region which are sold by the retail
the
region for well established traditional local consumption.

trade of

(a) products sold or delivered by the grower to preparation and
packaging stations or storage facilities, or shipped from his
holding to such stations; and

(b) products shipped from storage facilities to preparation and

packaging stations.

3.
By way of derogation from Article 2(5) of Regulation (EC)
No 1182/2007, Member States may exempt the following from
the requirement of complying with marketing standards or with
some provisions of the marketing standards:

(a) products displayed or offered for sale, sold, delivered or
marketed in any other manner by the grower on
wholesale markets,
in particular on producer markets,
situated in the production area; and

(b) products

shipped from those wholesale markets

to
preparation and packaging stations and storage facilities
situated in the same production area.

Where the first
concerned notify the Commission of the measures taken.

subparagraph applies,

the Member State

2.
By way of derogation from Article 2(5) of Regulation (EC)
No 1182/2007, the following shall not be required to conform
to the marketing standards within a given production area:

4.
Evidence shall be supplied to the competent authority of
the Member State that the products covered by paragraphs 1(a)
and 2 fulfil the conditions laid down, in particular with regard
to their intended use.

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Article 4

(b) the package is appropriately marked,

in accordance with

Information particulars

paragraph 3; and

The

information particulars

1.
required by marketing
standards laid down pursuant to Article 2 of Regulation (EC)
No 1182/2007 must be shown legibly and obviously on one
side of the packaging, either indelibly printed directly onto the
package or on a label which is an integral part of the package
or affixed to it.

2.
For goods shipped in bulk and loaded directly onto a
means of transport, the information particulars referred to in
paragraph 1 shall be given in a document accompanying the
goods or shown on a notice placed in an obvious position
inside the means of transport.

Article 5

Information particulars at the retail stage

At the retail stage, where products are packaged the information
particulars required by marketing standards laid down pursuant
to Article 2 of Regulation (EC) No 1182/2007 shall be legible
and conspicuous.

the

as
European

referred to in Directive
For pre-packaged products
2000/13/EC of
the
Parliament
of
and
Council (1), the net weight shall be indicated,
in addition to
all the information provided for in the marketing standards.
However,
in the case of products normally sold by number,
the requirement to indicate the net weight shall not apply if
the number of items may be clearly seen and easily counted
if the number is indicated on the label.
from the outside or,

the
Products may be presented unpackaged, provided that
retailer displays with the goods offered for
sale a card
showing prominently and legibly the information particulars
specified in the marketing standards and in Article 2(1) of
Regulation (EC) No 1182/2007 relating to variety, country of
origin of the product, and class.

(c)

the mix is not such as to mislead the consumer.

The products contained in packages as referred to in
2.
paragraph 1 shall be of the same commercial quality class as
referred to in Annex I.

Where a mix contains fruit and vegetables not covered by
Community marketing standards,
those products must be
classed either in the same class, in accordance with Annex I.

3.
The marking on sales packages as referred to in paragraph
1 and/or on each package containing them shall show at least
the following details:

(a) The name and the address of

the packer and/or

the

dispatcher. This mention may be replaced:

(i) for all packages with the exception of pre-packages, by
the officially issued or accepted code mark representing
the packer and/or the dispatcher,
indicated in close
connection with the reference ‘Packer and/or Dispatcher’
(or equivalent abbreviations);

(ii) for pre-packages only, by the name and the address of a
seller established within the Community indicated in
close connection with the mention ‘Packed for:’ or an
equivalent mention. In this case, the labelling shall also
include a code representing the packer and/or
the
dispatcher. The seller shall give all information deemed
necessary by the inspection body as to the meaning of
this code;

Article 6

Sales packages

(b) name of each of

the products/types contained in the

package;

1.
Sales packages of fresh fruit and vegetables of a net weight
of three kilograms or less may contain mixes of different types
of fresh fruit and vegetables provided that:

(c) name of the variety or of the commercial type for each
product contained in the mix for which the Community
marketing standard requests it for non-mixed products;

(a)

the products are of uniform quality and that each type
concerned complies with the standards in accordance with
paragraph 2;

(d) country of origin of each of the products concerned, next to

the name of the products concerned; and

(1) OJ L 109, 6.5.2000, p. 29. Directive as last amended by Directive

2006/142/EC (OJ L 368, 23.12.2006, p. 110).

(e) class.

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For fruit and vegetables covered by Community marketing
standards, these details shall replace the particulars laid down
by those standards.

The Commission shall make publicly available the list of
4.
coordinating authorities designated by the Member States in the
manner it considers appropriate.

CHAPTER II

Checks on conformity to marketing standards

S e c t i o n 1

G e n e r a l p r o v i s i o n s

Article 7

Scope

Article 9

Trader database

1.
The Member States shall set up a database on traders in
fruit and vegetables, which shall list, under the conditions estab-
lished in this Article, traders involved in the marketing of fresh
fruit and vegetables for which standards have been laid down
pursuant to Article 2 of Regulation (EC) No 1182/2007.

This Chapter lays down rules for Member States when carrying
out checks at all stages of marketing on conformity to the
marketing standards laid down pursuant to Article 2 of Regu-
lation (EC) No 1182/2007.

Article 8

Competent bodies

1.

Each Member State shall designate:

For the purposes of this Chapter ‘trader’ means any natural or
legal person holding fresh fruit and vegetables subject
to
marketing standards with a view to their displaying or
offering for sale, their sale or their marketing in any other
manner for itself or on behalf of a third party in the Commu-
nity's territory and/or export to third countries.

(a) a single competent authority responsible for coordination
and contacts in the areas covered by this Chapter, here-
inafter called ‘the coordinating authority’; and

2. Member States shall determine the conditions under which
the following traders are to be included or not in the database:

(b) an inspection body or bodies responsible for the application
of Article 2(6) of Regulation (EC) No 1182/2007, here-
inafter called ‘the inspection bodies’.

(a)

traders whose activities are exempt from the obligation to
comply with the marketing standards pursuant to Article 3;
and

The Member

2.
Commission:

States

shall

communicate

to

the

(b) natural or legal persons whose activities in the fruit and
vegetables sector are limited either to the transport of
goods, or to the sale of small quantities at the retail stage.

(a)

the name and postal and e-mail address of the coordinating
authority they have designated pursuant to paragraph 1;

(b) the name and postal and e-mail address of the inspection
bodies they have designated pursuant to paragraph 1; and

(c)

the exact description of the respective spheres of activity of
the inspection bodies they have appointed.

3.
The coordinating authority may be the inspection body or
one of the inspection bodies or any other body designated
pursuant to paragraph 1.

3. Where the database is composed of
several distinct
elements,
the
the coordinating authority shall ensure that
its elements and their updating are uniform. The
database,
updating shall be done in particular by the inspection bodies
using the information collected during checks carried out at all
stages of marketing.

for each trader,

This database shall contain,

4.
the regis-
tration number, name, address, information needed for its clas-
sification in one of the categories mentioned in Article 10, in
particular, position in the marketing chain,
information
concerning the importance of the firm, information concerning
findings made during previous checks of each trader, as well as
any other information considered necessary for checks.

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Traders shall provide the information that Member States
5.
consider necessary to set up and update the database. Member
States shall determine the conditions under which traders not
established in their territory but trading on it shall be listed in
their database.

S e c t i o n 2

C h e c k s c a r r i e d o u t o n t h e i n t e r n a l m a r k e t

Article 10

Conformity checks on the internal market

1. Member States shall
checks on the
products held by traders at all stages of marketing.

introduce a system of sampling
conformity with marketing standards of

Under this system, Member States shall specify the frequency,
based on a risk analysis of a trader marketing goods not in
conformity with the marketing standards, with which checks
must be made by the inspection bodies. The frequency of
checks must be
compliance with
Community rules, for each category of trader they have first
defined.

to ensure

sufficient

This risk analysis shall relate, in particular, to the size of the
traders, their position in the marketing chain, findings made
during previous checks and other possible parameters to be
defined by the Member States.

Traders involved in preparing and packaging fruit and vege-
tables, particularly in the production region, shall be subject
to a higher rate of checks than other categories of
trader.
Checks may also occur during transport.

Where checks reveal significant
bodies shall
concerned.

the inspection
increase the frequency of checks on the traders

irregularities,

(a) have inspection staff who have received training approved

by the Member State;

(b) have suitable equipment for preparing and packing produce;

(c) commit themselves to proceed to a conformity check of the
recording all

goods they dispatch and have a register
operations of checks carried out.

When traders are no longer able to guarantee a high and
uniform conformity rate, or when one of
the conditions
provided for in the second subparagraph is no longer fulfilled,
the Member State shall withdraw the authorisation for the
trader to use the specimen in Annex II
in the labelling of
each package.

the

The coordinating authority shall communicate to the
4.
inspection system as
Commission the provisions of
referred to in paragraph 1. This communication shall
include
the different categories of traders that were identified and the
check frequency specified for each of them, as well as, where
implementation of
appropriate,
the detailed conditions of
implementation of
paragraph 3,
the detailed conditions of
including the minimum proportions of checks
Article 11(1),
for
immediately
inform the Commission of any subsequent amendments to
that system.

the different

concerned.

traders

shall

It

5.
The inspection bodies of a Member State on whose
territory a lot of goods from another Member State is found
not to conform with the standards because of defects or dete-
rioration which could have been detected at
the time of
packaging shall
such cases of non-
conformity discovered up to the wholesale marketing stage,
the
including at distribution centres,
other Member States likely to be concerned.

to the authorities of

immediately notify

2.
Traders shall provide the inspection bodies with all infor-
mation those bodies judge necessary for organising and carrying
out checks.

3. Member States may authorise traders guaranteeing a
uniform and high conformity rate of the fruit and vegetables
subject to marketing standards at the stage of dispatch to use
the specimen in Annex II in the labelling of each package. The
authorisation shall be granted for a period of three years and
shall be renewable.

Article 11

Conformity checks at the point of export

The competent

inspection body shall at

the stage of
1.
export ensure by a conformity check that products intended
for export to third countries leave the Community's customs
territory only if they conform to the marketing standards.

In addition, in order to benefit from the use of the specimen,
traders shall:

Exporters shall provide the inspection bodies with all
mation those bodies
carrying out checks.

infor-
judge necessary for organising and

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of

consignments

2. Member States may specify, for each category of trader
the minimum
concerned and based on a risk analysis,
proportion
to
subject
conformity checks by the competent inspection body at the
to ensure
export stage. This proportion shall be sufficient
compliance with Community rules. Where these checks reveal
significant irregularities, the inspection bodies shall increase the
proportion of consignments checked in the case of the traders
concerned.

quantities

and

Member States may apply the provisions mentioned in the
second subparagraph to traders
following
conditions:

fulfilling

the

(b) the competent

inspection body informed the customs
authority, by appropriate means,
lots
that
have been subject to the issue of one of those two certi-
ficates.

the relevant

Article 12

Conformity checks at the point of import

1.
Before release for free circulation, products from third
countries shall be checked for conformity with the marketing
standards.

(a)

they offer sufficient guarantees of a consistent and high rate
the fruit and vegetables which they
of conformity for
market;

Importers shall provide the inspection bodies with all
mation those bodies
carrying out
Article 16(1).

infor-
judge necessary to organising and
the checks mentioned in paragraph 2 and

(b) they have inspection staff who have received training

approved by the Member State;

(c)

they undertake to check the conformity of the goods they
market; and

(d) they undertake to keep a register recording all the checks

they have carried out.

After completion of the checking operations mentioned in
3.
paragraph 1 the inspection body shall
issue a certificate of
conformity as set out in Annex III for each lot intended for
export and which they consider to be in conformity with the
marketing standards. Where the export consignment consists of
several lots, the conformity of those lots may be certified on a
single certificate which clearly lists the various lots constituting
that consignment.

Where, in accordance with paragraph 2, lots concerned by the
certificate of conformity have not been checked by the
competent inspection body at the export stage, the mention
‘self-check (Article 11(2) of Commission Regulation (EC)
No 0000/2007)’ shall be reported in box 13 (Comments) of
the certificate.

the official

inspection
2. Without prejudice to Section 3,
the point of
body shall carry out a conformity check at
for each imported lot and, where those products
import
issue a certificate of
conform with the required standards,
in Annex III. Where the import
conformity as
set out
consignment consists of several
lots, the conformity of those
lots may be certified on a single certificate which clearly lists the
various lots constituting that consignment.

The customs authorities shall authorise release for free

3.
circulation only if:

(a)

the goods are accompanied by the certificate referred to in
paragraph 2, the certificate referred to in Article 14(1) or
the certificate referred to in Article 19(2); or if

(b) the competent

inspection body informed the customs
authority, by appropriate means,
lots
that
have been subject to the issuance of one of those certi-
ficates.

the relevant

The export declaration may be accepted by the competent

4.
customs authority only if:

(a)

the goods are accompanied by either the certificate referred
to in paragraph 3 or the certificate referred to in Article
19(2); or

4.
By way of derogation from paragraphs 1, 2 and 3, where
the competent inspection body at the point of import considers
that there is a low risk of certain lots not conforming to the
marketing standards, it may choose not to check those lots. It
shall send the customs authority a stamped declaration to that
effect or inform that authority in another manner that it may
carry out clearance procedures.

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subparagraph,

the purposes of applying the first

the
For
inspection body shall
lay down in advance the criteria for
assessing the risk of lots not conforming and, on the basis of
a risk analysis,
import it has defined, the
minimum proportions of consignments and quantities which
will be subject
to a conformity check by the competent
inspection body at the import stage. Any proportion specified
pursuant to this paragraph must in any case be substantially
higher than the ones applied according to Article 16(1).

for each type of

In order to improve the uniformity of application of
5.
paragraph 4 in the Member States,
the Commission shall
adopt common guidelines for its application. The coordinating
authority shall inform the Commission forthwith of the rules
for the application of paragraph 4,
including the criteria and
minimum proportions referred to in paragraph 4, second sub-
paragraph and any subsequent amendment to those rules.

6. Where, on import from a third country, a lot of goods are
found not to conform with the standards, the coordinating
authority of
immediately
the Member State concerned shall
notify the Commission and the coordinating authorities of the
other Member States likely to be concerned, which shall then
pass on this information as necessary in their territory. The
Commission shall be notified via
system
indicated by the Commission.

electronic

the

S e c t i o n 3

C h e c k s p e r f o r m e d b y t h i r d c o u n t r i e s

Article 13

Approval of checking operations performed by third
countries prior to import into the Community

1.
At the request of a third country, the Commission may
approve, in accordance with the procedure laid down in Article
46 of Regulation (EC) No 2200/96, conformity checking
operations performed by this third country prior to import
into the Community.

2.
The approval referred to in paragraph 1 may be granted
to third countries which so request and on whose territory the
equivalent
Community marketing
standards, are met for products exported to the Community.

standards, or

least

at

specifies the inspection bodies in charge of the proper checks,
hereinafter called ‘third country inspection bodies’.

The approval may only apply to products originating in the
third country concerned and may be limited to certain products.

3.
The third country inspection bodies shall be official bodies
or officially recognised by the authority referred to in paragraph
the
2 providing satisfactory guarantees and disposing of
to carry out
necessary personnel, equipment and facilities
checks according to the methods referred to in Article 20(1)
or equivalent methods.

4.
The list of countries whose checks on conformity have
been approved under this Article, and the products concerned,
are set out in Part A of Annex IV. Details of their official
authorities and inspection bodies are set out in Part B of that
Annex and the models for the certificates referred to in Article
14 are set out in Part C of that Annex.

Article 14

Certificates

The third country inspection bodies shall draw up, for
1.
each lot checked prior to its entry into Community customs
territory, either the certificate of conformity set out in An-
nex III, or any other form agreed between the Commission
and the
consignment
lots, the conformity of these lots may be
consists of several
certified on a single certificate which clearly lists the various
lots constituting that consignment.

third country. Where

import

the

The standard forms on which the certificates provided for in the
first subparagraph are drawn up shall be established within the
framework of the approval referred to in Article 13(1).

The certificate shall bear the word ‘original’. Where addi-
2.
tional copies are required, they should be stamped with the
word ‘copy’. The competent authorities in the Community
shall accept as valid only the original of the certificate.

The form shall measure 210 × 297 mm; a tolerance of up to
plus 8 mm or minus 5 mm in the length may be allowed. The
paper used shall be white, not containing mechanical pulp,
sized for writing and shall weigh not less than 40 g/m2.

The approval shall specify the official authority in the third
country under the responsibility of which checking operations
referred to in paragraph 1 are performed. This authority shall be
responsible for contacts with the Community. The approval also

The forms shall be printed and completed in one of the official
languages of the Community.

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The forms must be completed using a mechanographical or
similar process.

tities checked for these checks than for those mentioned in
Article 12.

Entries must not be erased or overwritten. Any alterations shall
be made by crossing out the incorrect particulars and, where
appropriate, adding those required. Such changes shall be
initialled by the person making them and endorsed by the
issuing authorities.

2. Whenever doubts arise as to the authenticity of a certi-
ficate as referred to in the first subparagraph of Article 14(1) or
the accuracy of the information contained therein, an a posteriori
check shall be carried out.

Each certificate shall bear a serial number, by which it can be
identified, and shall be stamped by the issuing authority and
signed by the person or persons empowered to do so.

The issuing authority shall retain a copy of each certificate it
issues.

The competent authority in the Community shall return the
certificate or its copy thereof to the official correspondent in
the third country, as referred to in the second subparagraph of
Article 13(2), giving, where appropriate, the reasons for the
enquiry and any information obtained suggesting that the certi-
the details it contains are
that
ficate is not authentic or
incorrect. Requests for a posteriori checks shall be brought to
the attention of the Commission as quickly as possible, together
with the results of each request.

Article 15

Suspension of approval

The Commission may suspend approval if it is found that, in a
significant number of lots and/or quantities, the goods do not
correspond to the information in the certificates of conformity
issued by the third country inspection bodies, or where an
unsatisfactory response has been made to the requests for a
posteriori checks as referred to in Article 16(2).

Article 16

Additional checks by the Member States

1. Member States shall conduct physical checks at the point
of import on products imported under the conditions set out in
this Section for conformity with the standards by carrying out
conformity checks for each third country concerned on a
significant proportion of
the consignments and quantities
imported under those conditions. This proportion shall be
sufficient to ensure compliance with the Community rules by
the third country inspection bodies. Member States shall ensure
that the measures laid down in Article 20(3) are applied to the
lots checked where those lots do not comply with the
marketing standards.

irregularities, Member States
Where checks reveal significant
shall immediately inform the Commission, and the inspection
bodies shall increase the proportion of consignments and quan-
tities checked in accordance with the provisions of this Article.

Where a request is made for an a posteriori check, the importer
of the products concerned may ask the competent inspection
bodies to carry out a conformity check as referred to in Arti-
cle 12.

Article 17

Obligations of communication

The coordinating authority shall communicate to the
1.
Commission each quarter, by the end of the quarter following
that quarter at the latest, for each third country and product
concerned, the number of lots and total quantities imported in
accordance with Article 13, the number of lots and the quan-
tities which have been checked for conformity as referred to in
Article 16(1) and, of those lots, those which the inspection
bodies found not to conform with the data mentioned in the
conformity certificates issued by the third country inspection
body, specifying the quantities for each of those lots and the
type of defects giving rise to that finding.

2.
The customs authorities shall closely cooperate with the
coordinating authority and/or the inspection bodies in particular
as regards the application of Article 16(1) and (2) and provide
them with all the information necessary.

Article 18

Administrative cooperation

If a Member State levies a fee to cover the costs of the checks
referred to in this paragraph, the level of this fee shall be such
as to reflect the lower proportion of consignments and quan-

1.
The application of this Section shall be subject to the
establishment of a procedure for administrative cooperation
between the Community and each third country concerned.

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To be eligible for this procedure, the third countries concerned
shall send the Commission all relevant information on checking
operations, in particular specimens of the stamp imprints used
by the inspection bodies of the third country and, where appro-
priate, and without delay, any change to this information. The
Commission shall notify this information, and any subsequent
amendments, to the coordinating authorities in the Member
States who shall
inform the customs authorities and other
competent authorities thereof.

amendment of

Once administrative cooperation has been established, and
information
following any significant
communicated by a third country concerned both within the
framework of this administrative cooperation and as regards the
names and addresses of the official correspondent and of the
inspection bodies, the Commission shall make a notice to this
end publicly available by such means as it considers appro-
priate.

the

2.
The approval of the third countries referred to in Article
13(4) shall apply from the date the notice referred to in
paragraph 1 of this Article relating to the establishment of
administrative cooperation between the Community and the
third country is made publicly available by the Commission.

S e c t i o n 4

P r o d u c t s i n t e n d e d f o r p r o c e s s i n g

Article 19

Products intended for processing

1.
For the purpose of the application of this Regulation,
products intended for processing are fresh fruit and vegetables
subject to marketing standards that are shipped to processing
plants where they are processed into products classified in a CN
position different from that of the initial fresh product.

2.
The competent inspection bodies shall issue certificates of
industrial use set out in Annex V for products intended for
export
to third countries and products imported into the
Community where such products are intended for processing
and are, therefore, in accordance with Article 3(1)(a), not subject
to conformity with the marketing standards. They shall ensure
that the special labelling provisions laid down in paragraph 4 of
this Article are complied with.

and any forth information needed for a possible check of the
processing
processing
enterprise
competent
inspection body, which shall ensure that the products have
actually been processed.

operations. After
shall

the
to the

return the

processing,

certificate

The packaging of products intended for processing must
4.
be clearly marked by the pack with the words ‘intended for
processing’ or other equivalent wording. In the case of goods
shipped in bulk, directly loaded onto a means of transport, this
indication shall be given in a document accompanying the
goods or shown on a notice placed in an obvious position
inside the means of transport.

5. Members States shall take all the appropriate measures, in
particular those related to cooperation with the other Member
States concerned, to avoid any goods intended for the fresh
market being shipped outside the region of production as
goods intended for processing.

S e c t i o n 5

M e t h o d o f i n s p e c t i o n

Article 20

Method of inspection

1.
The conformity checks provided for in this Chapter, with
the exception of those at the point of retail sale to the end
consumer, shall be carried out in accordance with the methods
laid down in Annex VI, save as otherwise provided under this
Regulation.

Member States
checking conformity at
consumer.

shall

lay down specific arrangements

for
the point of retail sale to the end

2. Where inspectors find that the goods conform with the
marketing standards, the inspection body may issue a certificate
of conformity as set out in Annex III. This certificate shall in
any event be issued at the point of import or export.

3.
In the case of imports, after having issued any certificate
referred to in paragraph 2, the competent inspection body shall
immediately send to the coordinating authority of the Member
State where processing is to take place a copy of the certificate

3. Where the goods do not conform with the standards, the
inspection body shall issue a finding of non-conformity for the
attention of the trader or their representatives. Goods for which
a finding of non-conformity has been issued may not be moved
without the authorisation of the inspection body which issued
that finding. This authorisation can be subject to the respect of
conditions laid down by the inspection body.

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Traders may decide to bring all or some of the goods into
conformity. Goods brought
into conformity may not be
marketed before the competent inspection body has ensured
by all appropriate means that the goods have actually been
brought into conformity. It shall issue, where applicable, a certi-
ficate of conformity as set out in Annex III for the lot or part
thereof only once
into
conformity.

the goods have been brought

If an inspection body accepts a trader's wish to bring the goods
into conformity in a Member State other than that where the
check leading to a finding of non-conformity has been carried
out, the Member States shall take any measures which they
deem appropriate,
in particular with regard to cooperation
between them, to check that the goods have been brought
into conformity.

Where the goods can neither be brought into conformity nor
sent to animal feed, industrial processing or any other non-food
use, the inspection body may, if necessary, request traders to
take adequate measures in order to ensure that the products
concerned are not marketed.

Traders
Member States for the application of this paragraph.

information deemed necessary by

supply all

shall

For the purposes of applying this Chapter, invoices and
4.
indicate the quality class, the
accompanying documents shall
country of origin of the products and, where appropriate, the
fact that it is intended for processing. This requirement shall not
apply to retail sale to the end consumer.

TITLE III

PRODUCER ORGANISATIONS

CHAPTER I

Requirements and recognition

S e c t i o n 1

D e f i n i t i o n s

Article 21

Definitions

1.

For the purposes of this Title:

(a)

‘producer’ means a farmer as referred to in Article 3(1)(a) of
Regulation (EC) No 1182/2007;

(b) ‘subsidiary’ means a company in which one or more
producer organisations or associations thereof have taken
the
shares and which contributes to the objectives of
producer organisation or the association of producer orga-
nisations;

(c)

‘transnational producer organisation’ means any organi-
the producers’ holdings is
sation where at
located in a Member State other than where the organi-
sation has its head office;

least one of

(d)

‘transnational association of producer organisations’ means
any association of producer organisations in which at least
one of the associated organisations is located in a Member
State other than where the association has its head office;

(e)

‘Convergence Objective’ means the objective of the action
and regions
for

least developed Member States

the

according to the Community legislation governing the
the European
European Regional Development
Social Fund and the Cohesion Fund for the period from
1 January 2007 to 31 December 2013;

Fund,

(f)

‘measure’ means one of the following:

(i) actions aimed at planning of production,

including

acquisition of fixed assets;

(ii) actions aimed at improving or maintaining product

quality, including acquisition of fixed assets;

(iii) actions aimed at

improving marketing,

including
acquisition of fixed assets, as well as promotion and
communication activities, other than promotion and
communication activities falling under point (vi);

(iv) research and experimental production, including acqui-

sition of fixed assets;

(v) training actions, other than training falling under point
(vi), and actions aimed at promoting access to advisory
services;

(vi) any of

the six crisis prevention and management
instruments listed in points (a) to (f) of the first sub-
paragraph
(EC)
No 1182/2007;

of Article 9(2)

of Regulation

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(vii) environmental actions as referred to in Article 9(3) of
Regulation (EC) No 1182/2007, including acquisition
of fixed assets;

(viii) other actions,

fixed assets
including acquisition of
other than those falling under points (i), (ii), (iii), (iv)
and (vii) which fulfil one or more of the objectives
referred to in Article 9(1) of Regulation (EC)
No 1182/2007.

(g)

‘action’ means a specific activity or instrument aimed at
achieving a particular operational objective contributing to
one or more of the objectives referred to in Article 9(1) of
Regulation (EC) No 1182/2007;

(h) ‘by product’ means

a product which results

from
preparation and/or processing of a fruit or vegetable
product which has a positive economic value but is not
the main intended result;

2. Member States shall define the legal entities concerned in
their territory for the purposes of Articles 3(1) and 7(1) of
Regulation (EC) No 1182/2007 in the light of their national
legal and administrative structures. They shall,
if appropriate,
also lay down provisions on the clear definition of parts of
legal entities for the application of those Articles.

S e c t i o n 2

R e q u i r e m e n t s a p p l i c a b l e t o p r o d u c e r
o r g a n i s a t i o n s

Article 22

Product coverage

shall

1. Member States
recognise producer organisations
under Article 4 of Regulation (EC) No 1182/2007 in respect
of the product or the group of products specified in the appli-
cation for recognition, subject
to any decision taken under
Article 4(1)(c) of that Regulation.

‘first-stage processing’ means processing of a fruit or
vegetable product into another product listed in Annex I
to the EC Treaty. Cleaning, cutting, trimming, drying and
packaging of fresh products with a view to marketing shall
not be considered as first-stage processing;

2. Member States shall only recognise producer organisations
in respect of products solely intended for processing where they
are able to ensure that
such products are delivered for
processing, whether through a system of supply contracts or
otherwise.

‘interbranch basis’ as referred to in Article 10(3)(b) of Regu-
the
lation (EC) No 1182/2007, means one or more of
activities listed in Article 20(c) of Regulation (EC) No
1182/2007 approved by the Member State and managed
jointly by a producer organisation or an association of
producer organisations and at least one other actor in the
food processing and/or distribution chain;

(k)

‘baseline indicator’ means any indicator reflecting a state or
trend existing at the start of a programming period which
may provide information useful:

(i) in the analysis of

in order to
establish a national strategy for sustainable operational
programmes or an operational programme;

the initial situation,

Article 23

Minimum number of members

for

In laying down the minimum number of members of a
producer organisation pursuant to Article 4(1)(b) of Regulation
(EC) No 1182/2007, Member States may provide that where an
applicant
recognition is wholly or partly made up of
members which are themselves legal entities or clearly defined
parts of
legal entities made up of producers, the minimum
number of producers may be calculated on the basis of the
number of producers associated with each of the legal entities
or clearly defined parts of legal entities.

Article 24

Minimum length of membership

The minimum membership period of a producer shall not

1.
be less than one year.

(ii) as a reference against which the results and impact of a
national strategy or an operational programme may be
assessed; and/or

(iii) in interpreting the results and impact of a national

strategy or an operational programme.

2.
Resignation from membership shall be notified to the
organisation in writing. The Member States shall lay down the
notice periods, which shall not exceed six months, and the dates
on which resignation shall take effect.

(i)

(j)

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Article 25

Structures and activities of producer organisations

Member States shall ensure that producer organisations have at
their disposal the staff, infrastructure and equipment necessary
to fulfil the requirements laid down in Article 3(1) of Regulation
(EC) No 1182/2007 and ensure their essential functioning, in
particular as regards:

(a)

the knowledge of their members’ production;

(b) collecting, sorting, storing and packaging the production of

their members;

(c) commercial and budgetary management; and

(d) centralised bookkeeping and a system of invoicing.

Article 26

Value or volume of marketable production

For the purposes of Article 4(1)(b) of Regulation (EC) No
the value or volume of marketable production
1182/2007,
shall be calculated on the same basis as
the value of
marketed production set out in Articles 52 and 53 of this
Regulation.

Article 27

Provision of technical means

For the purposes of Article 4(1)(e) of Regulation (EC) No
1182/2007, a producer organisation which is recognised for a
product for which the provision of technical means is necessary
shall be considered to fulfil its obligation where it provides an
adequate level of technical means itself or through its members,
or through subsidiaries, or by outsourcing.

Article 28
Producer organisations’ main activities

The main activity of a producer organisation shall relate to
1.
the concentration of supply and the placing on the market of
the products of its members for which it is recognised.

The value of the marketed production of the producer
2.
organisation's own members
and of members of other
producer organisations that it sells, shall be more than the
value of all the other marketed production which it sells.

This calculation shall be based only on products for which the
producer organisation is recognised.

3. Where Article 52(7) applies, paragraph 2 of this Article
shall apply mutatis mutandis to the subsidiaries concerned from
1 January 2012.

Article 29

Outsourcing

Outsourcing of an activity of a producer organisation shall
mean that the producer organisation enters into a commercial
arrangement with another entity, including one of its members
or a subsidiary, for the provision of the activity concerned. The
producer organisation shall nevertheless remain responsible for
and overall
ensuring the
management
commercial
arrangement for the provision of the activity.

carrying out of
control

that
supervision

activity,
of

and

The first paragraph shall apply mutatis mutandis where an asso-
ciation of producer organisations outsources an activity.

Article 30

Transnational producer organisations

1.
A transnational producer organisation's head office shall
be established in the Member State where the organisation has
significant holdings or a significant number of members and/or
achieves an important level of marketed production.

2.
The Member State in which the head office of the trans-
national producer organisation is located shall be responsible
for the following:

(a) recognising the transnational producer organisation;

(b) approving the transnational producer organisation's opera-

tional programme;

(c) establishing the necessary administrative collaboration with
the other Member States in which the members are located
with respect to compliance with the terms of recognition
and the system of checks and sanctions. Those other
Member States
shall be obliged to give all necessary
assistance to the Member State in which the head office is
located; and

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(d) providing, on request of other Member States, all relevant
documentation, including any applicable legislation available
to the other Member States in which the members are
located, translated into an official language of the requesting
Member States.

Article 33

Democratic accountability of producer organisations

Member States shall
take all measures they consider to be
necessary in order to avoid any abuse of power or influence
by one or more members over the management and operation
include voting rights.
of a producer organisation, which shall

Article 31

Mergers of producer organisations

1. Where producer organisations with previously different
operational programmes have merged, they may operate the
programmes in parallel and separately until 1 January of the
year following the merger. In such cases, the producer organi-
sations concerned shall request the merger of the operational
programmes by means of an amendment in accordance with
the provisions of Article 66. Otherwise, the producer organi-
sations concerned shall request forthwith the merger of the
operational programmes by means of an amendment
in
accordance with the provisions of Article 67.

S e c t i o n 3

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

Article 34

Recognition of associations of producer organisations

1. Member States may only recognise
associations of
producer organisations under Article 5 of Regulation (EC) No
1182/2007 in respect of the activities concerning the product
or products specified in the application for recognition.

2.
By way of derogation from paragraph 1, Member States
may authorise producer organisations which so request, for duly
substantiated reasons,
separate operational
to implement
programmes in parallel until they reach their natural conclusion.

An association of producer organisations may be
2.
recognised under Article 5 of Regulation (EC) No 1182/2007
and carry out any of the activities of a producer organisation,
even when the marketing of the products concerned continues
to be carried out by its members.

Article 32

Non-producer members

1. Member States may determine whether and on what
conditions any individual or
legal person who is not a
producer may be accepted as a member of a producer organi-
sation.

2. When setting the conditions referred to in paragraph 1,
the Member States shall ensure, in particular, compliance with
paragraphs 1(a) and 4(c) of Article 3 of Regulation (EC)
No 1182/2007.

The natural or legal persons referred to in paragraph 1

3.
shall not:

(a) be taken into account for the recognition criteria;

(b) benefit directly from the measures

financed by the

Community.

Member States may restrict or prohibit their right to vote on
decisions
in line with the
conditions laid down in paragraph 2.

relating to operational

funds,

Article 35
Associations of producer organisations’ main activities

Article 28(2) and (3) shall apply mutatis mutandis to associations
of producer organisations.

Article 36

Members of associations of producer organisations which
are not producer organisations

1. Member States may determine whether and on what
conditions any individual or
legal person who is not a
recognised producer organisation may be accepted as a
member of an association of producer organisations.

2. Members of a recognised association of producer organi-
sations who are not recognised producer organisations shall
not:

(a) be considered for the recognition criteria;

(b) vote on decisions relating to operational funds;

(c) benefit directly from the measures

financed by the

Community.

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Article 37

(b) the rules for the drafting, content and implementation of

Transnational association of producer organisations

The head office of

1.
the transnational association of
producer organisations shall be established in a Member State
in which this association has a significant number of member
organisations and/or
the member organisations achieve an
important level of marketed production.

recognition plans;

(c)

the period during which a former member of a producer
organisation shall be prohibited from joining a producer
group after leaving the producer organisation in respect of
the products for which the producer organisation was
recognised; and

2.
The Member State in which the head office of the trans-
national association of producer organisations is located shall be
responsible for the following:

(d) the administrative procedures for the approval, monitoring

and fulfilling of recognition plans.

(a) recognising the association;

(b) approving, where necessary,

the association's operational

programme;

(c) establishing the necessary administrative collaboration with
the other Member States in which the associated organi-
sations are located with respect to compliance with the
terms of
recognition and the system of checks and
sanctions. Those other Member States shall be obliged to
give all necessary assistance to the Member State in which
the head office is located; and

(d) providing, on request of other Member States, all relevant
documentation, including any applicable legislation available
to the other Member States in which the members are
located, translated into an official language of the requesting
Member States.

S e c t i o n 4

P r o d u c e r g r o u p s

Article 38

Submission of recognition plans

Article 39

Content of recognition plans

A draft recognition plan shall cover at least the following:

(a) a description of the initial situation, in particular as regards
the number of producer members, giving full details of
including the value of marketed
members, production,
production, marketing and infrastructure,
including infra-
structure owned by individual members of the producer
group if it is to be used by the producer group itself;

(b) the proposed date for starting implementation of the plan
and its duration, which shall not exceed five years; and

(c) activities to be implemented in order to achieve recognition.

Article 40

Approval of recognition plans

1.
The competent national authority shall decide on a draft
recognition plan within three months of the receipt of the plan
accompanied by all supporting documents.

Following the checks referred to in Article 113,

2.
competent national authority shall, as appropriate:

the

1.
A legal entity or clearly defined part of a legal entity shall
submit the recognition plan referred to in Article 7(1) of Regu-
lation (EC) No 1182/2007 to the competent authority of the
Member State in which the entity has its head office.

(a) accept the plan and grant preliminary recognition;

(b) request changes to the plan;

2. Member States shall lay down:

(c) reject the plan.

(a)

the minimum criteria which the legal entity or clearly
defined part of a legal entity shall meet
to be able to
submit a recognition plan;

Acceptance may be granted, where necessary, only if
the
changes requested under point (b) have been incorporated in
the plan.

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It shall notify the legal entity or clearly defined part of a legal
entity of its decision.

Article 44

Value of marketed production

Article 41

Implementation of recognition plans

1.
The recognition plan shall be implemented in annual
segments starting on 1 January. Member States may allow
producer groups to break down these annual segments into
semestrial periods.

The recognition plan shall begin,
proposed date under Article 39(b):

in accordance with the

Article 52 shall apply mutatis mutandis

1.
groups.

for producer

2. Where a reduction in the value of marketed production
has occurred due to reasons, duly justified to the Member State,
falling outside the responsibility and control of the producer
group, the value of the marketed production shall not be less
than 65 % of the value declared in the previous application or
applications for aid covering the most recent annual segment, as
verified by the Member State, and in the absence thereof, of the
value declared initially in the approved recognition plan.

(a) on 1 January following the date of its acceptance by the

competent national authority; or

Article 45

Financing of recognition plans

(b) immediately following the date of its acceptance.

The rates of aid referred to in Article 7(5) of Regulation
1.
(EC) No 1182/2007 shall be reduced by half in relation to
marketed production which exceeds EUR 1 000 000.

2. Member States shall set the conditions on which producer
groups may request changes to plans during their implemen-
tation. These requests shall be accompanied by all the necessary
supporting documents.

2.
The aid referred to in Article 7(3)(a) of Regulation (EC) No
1182/2007 shall be subject to a ceiling for each producer group
of EUR 100 000 per annual segment.

The competent national authority shall decide on changes
3.
to plans within three months of receipt of the request for
change, after considering the evidence supplied. Where no
decision is taken on a request for change within that period,
the request shall be deemed to have been rejected.

Article 42

Applications for recognition as a producer organisation

Producer groups implementing a recognition plan may, at any
time, submit an application for recognition under Article 4 of
Regulation (EC) No 1182/2007. Such applications shall in any
event be submitted before the end of the transitional period
referred to in Article 7 of Regulation (EC) No 1182/2007.

From the date on which such an application is lodged, the
group in question may submit a draft operational programme
under Article 64.

3. Where a segment of implementation does not run for a
complete calendar year the ceilings referred to in paragraph 2
shall be reduced proportionately.

The aid referred to in Article 7(3) of Regulation (EC)

4.
No 1182/2007 shall be paid:

(a)

in annual or semestrial
the end of each
annual or semestrial period for the implementation of the
recognition plan; or

instalments at

(b) in instalments covering part of an annual period if the plan
starts during the annual period or if recognition occurs
under Article 4 of Regulation (EC) No 1182/2007 before
the end of an annual period.

Article 43
Producer groups’ main activities

Article 28 shall apply mutatis mutandis to producer groups.

In order to calculate the instalments, the Member States may
use as a basis the marketed production corresponding to a
period other than that in respect of which the instalment is
paid, where checks so require. The difference between the
periods shall be less than the actual period concerned.

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The exchange rate applicable to the amounts referred to in
5.
paragraphs 1 and 2 shall be the rate most recently published by
the European Central Bank prior to the first day of the period
for which the aid in question is granted.

3. Member States shall fix the deadline for paying the aid
which in any case shall not be later than six months after the
receipt of the application.

Article 46

Aid for investments required for recognition

As regards investments linked to implementation of recognition
plans referred to in Article 39(c) of this Regulation for which
aid is provided for under Article 7(3)(b) of Regulation (EC)
No 1182/2007:

Article 48

Eligibility

Member States shall evaluate the eligibility of producer groups
for the aid under this Regulation in order to establish that the
aid is duly justified, taking into account the conditions and the
date on which any earlier public aid was granted to the
producer organisations or groups from which the members of
the producer group in question originate and to any movements
of members between producer organisations and producer
groups.

(a)

investments liable to distort competition where the other
economic activities of the organisation are concerned shall
be excluded; and

Article 49

Community contribution

(b) investments

to the direct or

such
measures shall be financed pro rata to their use for the
sectors or products for which preliminary recognition is
granted.

indirect benefit of

Article 47

Application for aid

1.
A producer group shall submit a single application for the
aid referred to in Articles 7(3)(a) and (b) of Regulation (EC) No
1182/2007 within three months of the end of each annual or
semestrial period as referred to in Article 45(4) of this Regu-
lation. The application shall include a declaration of the value of
marketed production for
the period for which the aid is
claimed.

Applications for aid covering semestrial periods may be
2.
submitted only if the recognition plan is broken into semestrial
periods as referred to in Article 41(1)(2). All applications for aid
shall be accompanied by a written declaration from the
producer group to the effect that the latter:

The Community contribution towards aid as referred to in
1.
Article 7(3)(a) of Regulation (EC) No 1182/2007 shall amount
to:

(a) 75 % of eligible public expenditure in the regions eligible

under the Convergence Objective; and

(b) 50 % of eligible public expenditure in other regions.

2.
The Community contribution towards aid as referred to in
Article 7(3)(b) of Regulation (EC) No 1182/2007, expressed in
terms of a capital grant or capital-grant equivalent, shall not
exceed, as a percentage of eligible investment costs:

(a) 50 % in the
Objective; and

regions

eligible under

the Convergence

(b) 30 % in other regions.

The Member States concerned shall undertake to contribute at
least 5 % of eligible investment costs.

(a) complies

and will

comply with

Regulation

(EC)

No 1182/2007 and with this Regulation; and

Beneficiaries of aid towards eligible investment costs shall pay at
least:

(b) has not benefited,

is not benefiting and will not benefit
either directly or indirectly from duplicate Community or
national financing for actions implemented under its recog-
nition plan for which Community financing is granted
pursuant to this Regulation.

(a) 25 % in the
Objective; and

regions

eligible under

the Convergence

(b) 45 % in other regions.

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Article 50

Mergers

1.
Aid as provided for in Article 7(3) of Regulation (EC) No
1182/2007 may be given, or may continue to be given, to
producer groups which have been granted preliminary recog-
nition and which result from the merger between two or more
producer group granted preliminary recognition.

2.
For the purposes of calculating the aid payable pursuant
to paragraph 1, the producer group resulting from the merger
shall replace the merging groups.

3. Where two or more producer groups merge, the new
entity shall assume the rights and obligations of the producer
group which has been granted pre-recognition status
the
earliest.

4. Where a producer group which has been granted preli-
minary recognition merges with a recognised producer organi-
sation, the resulting entity shall no longer be eligible for preli-
minary recognition as a producer group, nor for the aid referred
to in Article 7(3) of Regulation (EC) No 1182/2007. The
resulting entity shall continue to be treated as the recognised
producer organisation, provided that it respects the applicable
the producer organisation shall
requirements.
request a change to its operational programme, and to this
end Article 31 shall apply mutatis mutandis.

If necessary,

4. Member States shall fix the period, starting after imple-
mentation of the recognition plan, within which the producer
group shall be required to be recognised as a producer organi-
sation. The period shall not exceed four months.

CHAPTER II

Operational funds and operational programmes

S e c t i o n 1

V a l u e o f m a r k e t e d p r o d u c t i o n

Article 52

Basis for calculation

1.
For the purposes of this Chapter, the value of marketed
production for a producer organisation shall be calculated on
the basis of the production of members of producer organi-
sations, for which the producer organisation is recognised.

The value of the marketed production shall

2.
include the
production of members who leave or join the producer orga-
nisation. The Member States shall determine the conditions to
avoid duplicate counting.

3. Member States may allow producer organisations
the by-products in the value of
include the value of
marketed production.

to
the

However, actions carried out by producer groups before such a
merger shall continue to be eligible under the conditions set out
in the recognition plan.

The value of the marketed production shall

4.
include the
value of market withdrawal disposed of as provided for in
points (a) and (b) of Article 10(4) of Regulation (EC) No
1182/2007, estimated at the average price of those products
marketed by the producer organisation in the previous year.

Article 51

Consequences of recognition

Aid as provided for in Article 7(3) of Regulation (EC)

1.
No 1182/2007 shall cease once recognition is granted.

Only the production of the members of the producer
5.
organisation marketed by the producer organisation itself or
in conformity with Article 3(3)(b) and (c) of Regulation (EC)
No 1182/2007, shall be counted in the value of marketed
production.

2. Where an operational programme is submitted pursuant
to this Regulation, the Member State concerned shall ensure
that there is no duplicated financing of the measures set out
in the recognition plan.

The marketed production shall be invoiced at the ‘ex-

6.
producer organisation’ stage:

(a) where applicable, as product which is packaged, prepared,

or has undergone first-stage processing;

3.
Investments qualifying for the aid or the costs referred to
in Article 7(3)(b) of Regulation (EC) No 1182/2007 may be
carried over to operational programmes provided they are in
line with the requirements of this Regulation.

(b) excluding VAT; and

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(c) excluding internal

transport costs, where the distance
between the centralised collection or packing points of the
producer organisation and the point of distribution of the
producer organisation is significant. Member States shall
provide for reductions to be applied to the invoiced value
for products invoiced at different stages of processing or
delivery or transport.

year in which the operational programme is implemented
and ending no later than 1 August of the same year.

The 12-month period shall be the accounting period of

3.
the producer organisation concerned.

The value of

7.
the marketed production may also be
calculated at the ex-subsidiary stage, on the same basis as set
out in paragraph 6, provided that at least 90 % of the capital of
the subsidiary is owned:

The reference period shall not vary during an operational
programme except in duly justified situations.

(a) by the producer organisations or association of producer

organisations; or

(b) subject to Member State approval, by members, which are
cooperatives, of the producer organisations or associations
of producer organisations if doing so contributes to the
objectives listed in Article 3(1)(b) and (c) of Regulation
(EC) No 1182/2007.

4. Where a reduction in the value of a product has occurred
due to reasons, duly justified to the satisfaction of a Member
State,
the
falling outside the responsibility and control of
producer organisation, the value of the marketed production
referred to in paragraph 1 shall not be less than 65 % of the
value of the product concerned in the previous reference period.

The reasons referred to in the first subparagraph shall be duly
justified.

8. Where a reduction in production occurs due to a climatic
infestations, any
event or animal or plant diseases or pest
insurance
indemnification received in respect of harvest
insurance measures covered by Section 6 of Chapter III, or
equivalent measures managed by the producer organisation,
due to these causes may be included in the value of marketed
production.

5. Where recently recognised producer organisations have
insufficient historical data on marketed production for the
application of paragraph 2 the value of marketed production
may be considered to be the value of marketable production
provided by the producer organisation for the purposes of
recognition. This shall be calculated as the average value of
the marketed production for the three previous years of all
the producer organisation
producers who are members of
when the application for recognition is submitted.

Article 53

Reference period

1.
The annual ceiling on aid referred to in Article 10(2) of
Regulation (EC) No 1182/2007 shall be calculated each year on
the basis of the value of marketed production during a 12-
month reference period to be determined by the Member States.

6. Member States shall take the measures necessary to gather
information on the value of marketed production of producer
organisations which
operational
programmes.

submitted

have

not

The reference period shall be fixed by the Member States

2.
for each producer organisation as:

7.
By way of derogation from paragraphs 1 and 6, the value
of marketed production for the reference period shall be as
calculated under the legislation applicable in this reference
period.

(a) a 12-month period, starting no earlier than 1 January three
years preceding
in which the operational
programme is implemented and ending no later than 1
August of the same year; or

year

the

S e c t i o n 2

O p e r a t i o n a l F u n d s

Article 54

Management

(b) the average value of three subsequent 12-month periods
starting no earlier than 1 January five years preceding the

Member States shall ensure that operational funds are managed
in such a way that it is possible for external auditors to annually
identify, check and certify their expenditure and revenue.

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Article 55

Financing of operational funds

The financial contributions to the operational fund referred to
in Article 8(1) of Regulation (EC) No 1182/2007 shall be
determined by the producer organisation.

al programmes are submitted in any given year. The national
framework shall be integrated after having been submitted to
the Commission and if appropriate, after having been amended,
in accordance with the second subparagraph of Article 12(1) of
Regulation (EC) No 1182/2007.

All producers shall have the opportunity to benefit from the
operational fund, and all producers shall have the opportunity
to participate democratically in decisions concerning the use of
funds of the producer organisation and the financial contri-
butions to the operational funds.

Article 56

Communication of estimated amount

3.
An analysis of the initial situation shall form part of the
process of drawing up the national strategy and be carried out
under responsibility of the Member State. It shall identify and
assess the needs to be met, the ranking of the needs in terms of
priorities,
the goals to be achieved through the operational
programmes to meet those priority needs, the results expected
and the quantified targets to be attained in relation to the initial
situation, and lay down the most appropriate instruments and
actions for attaining those objectives.

shall

communicate

Producer organisations
estimated
amounts of Community contribution, and the contribution of
its members and of
to the
operational funds for the following year to the Member State
by 15 September at the latest, together with the operational
programmes or requests for approval of their amendments.

the producer organisation itself

the

4. Member
evaluation of
through operational programmes.

States
and
the national strategy and its implementation

also ensure monitoring

shall

Member States may set a later date than 15 September.

The national strategy may be amended, in particular in the light
of monitoring and evaluation. Such amendments shall be made
before the submission of draft operational programmes in any
given year.

Calculation of the estimated amount of operational funds shall
be based on the operational programmes and the value of
marketed production. The calculation shall be split between
expenditure for crisis prevention and management measures
and other measures.

5. Member States shall set out
in the national strategy
maximum percentages of the fund which may be spent on
any individual measure and/or type of action and/or expenditure
in order to ensure an appropriate balance between different
measures.

S e c t i o n 3

O p e r a t i o n a l P r o g r a m m e s

Article 57

National strategy

1.
The overall structure and content of the national strategy
referred to in Article 12(2) of Regulation (EC) No 1182/2007
shall, from 1 January 2009, be established in accordance with
the guidelines set out in Annex VII. Prior to that date, Member
States shall determine its overall structure and content. It may
be comprised of regional elements.

Article 58

National framework for environmental actions

1.
In addition to the notification foreseen under Article 12(1)
of Regulation (EC) No 1182/2007 Member States shall also
notify the Commission of any amendments to the national
framework which shall be subject to the procedure set out in
the second subparagraph of Article 12(1) of Regulation (EC) No
framework
1182/2007. The Commission shall make
available to other Member States by the means it considers
appropriate.

the

The national strategy shall integrate all the decisions taken and
provisions adopted by the Member State in application of Title
III of Regulation (EC) No 1182/2007 and this Title.

2.
The framework shall set out a non-exhaustive list of envir-
onmental actions and the conditions therefore applicable in the
Member State for the purposes of Article 9(3) of Regulation
(EC) No 1182/2007 and,
for each environmental action
selected, shall indicate:

The national strategy,

2.
the
national framework referred to in Article 12(1) of Regulation
(EC) No 1182/2007, shall be established before draft operation-

including the integration of

(a)

the specific commitment or commitments entailed; and

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(b) the justification of the action based on its expected envir-
impact in relation to environmental needs and

onmental
priorities.

(a) a description of the initial situation, based, where relevant,

on the baseline indicators listed in Annex XIV;

Article 59

Complementary Member State rules

Member States may adopt rules complementing Regulation (EC)
No 1182/2007 and this Regulation concerning the eligibility of
measures,
operational
programmes.

expenditure

actions

under

or

(b) the objectives of

the programme, bearing in mind the
outlook for production and outlets, and an explanation of
how the programme contributes to the national strategy
and confirmation that
is consistent with the national
including in its balance between activities. The
strategy,
description of
to objectives
shall
defined in the national strategy and indicate measurable
targets,
to facilitate the monitoring of progress
gradually made in implementing the programme;

the objectives

so as

refer

it

Article 60

Relationship with rural development programmes

1.
No support under the Member State's rural development
programme or programmes approved under Regulation (EC) No
1698/2005, shall be granted to actions which are covered by
measures set out by this Regulation, subject to paragraph 2.

2. Where support under Regulation (EC) No 1698/2005 has
exceptionally been granted in accordance with Article 5(6) of
that Regulation, to measures which would be potentially eligible
under this Regulation, Member States shall ensure that a bene-
ficiary may receive support for a given action only under one
scheme.

To that end, when Member States, include measures containing
such exceptions in their rural development programmes, they
shall ensure that the national strategy as referred to in Article
57 of this Regulation lays down the criteria and administrative
rules which they will
rural development
programmes.

in the

apply

Where relevant, and without prejudice to provisions of Articles
10(1) and (3) and 11 of Regulation (EC) No 1182/2007, the
level of support for measures covered by this Regulation shall
not exceed that applicable for the measures under the rural
development programme.

Support for environmental actions, other than acquisition of
fixed assets, shall be limited to the maximum amounts laid
down in the Annex to Regulation (EC) No 1698/2005 for
agri-environment payments. These amounts may be increased
in exceptional cases taking account of specific circumstances to
be justified in the national strategy as referred to in Article 57
of this Regulation.

Article 61

Contents of operational programmes and eligible
expenditure

1.

Operational programmes shall include the following:

(c) a detailed description of the measures, including those for
crisis prevention and management, containing separate
to be taken and the means for attaining those
actions,
the
objectives
programme. The description shall
to
which different measures proposed:

implementation of

in each year of

indicate the extent

(i) complement and are consistent with other measures,
including measures financed or eligible for support by
other European Community funds, and in particular
In this respect, a specific
rural development support.
shall
reference
to
measures
carried out under previous operational
programmes;

also be made,

appropriate,

if

(ii) do not entail any risk of double financing by European

Community funds;

(d) the duration of the programme; and

(e)

the financial aspects, namely:

(i) the method of calculation and the level of financial

contributions;

(ii) the procedure for financing the operational fund;

(iii) information necessary to justify different

levels of

contribution; and

(iv) the budget and timetable for undertaking operations for
each year of implementation of the programme.

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Various environmental actions may be combined provided

2.
that they are complementary and compatible.

Member States shall review such rates at least every five years.

Where environmental actions are combined,
support shall
take account of
and additional costs resulting from the combination.

the level of
the specific income foregone

Investments,

3.
leasing contracts,
including those under
whose repayment period exceeds the length of the operational
programme may be carried over to a subsequent operational
programme on duly justified economic grounds, and in
particular
in cases where the fiscal depreciation period is
longer than five years.

Where investments are replaced,
investments replaced shall be:

the residual value of

the

(a) added to the operational fund of the producer organisation;

or

(b) subtracted from the cost of the replacement.

they contribute to the objectives of

Investments or actions may be implemented on individual
holdings of members of the producer organisation, provided
that
the operational
programme. If the member leaves the producer organisation,
Member States shall ensure that the investment or its residual
value is recovered, unless the Member State provides otherwise.

Operational programmes shall not

4.
expenditure referred to in the list set out in Annex VIII.

include actions or

Expenditure under operational programmes eligible for aid
5.
shall be restricted to the actual costs
incurred. However,
Member States may instead fix standard flat rates in advance
and in a duly justified way in the following cases:

(a) where such standard flat-rates are referred to in Annex VIII;

In order for an action to be eligible, more than 50 % by
6.
value of the products concerned by it shall be those for which
the producer organisation is recognised. To be counted in the
50 %, the products shall come from the producer organisation's
members or members of another producer organisation. The
appropriate rules in Article 52 shall apply to the calculation
of the value.

Article 62

Documents to be submitted

Operational programmes shall be accompanied by, in particular:

(a) evidence of the setting-up of an operational fund;

(b) a written undertaking from the producer organisation to
comply with Regulation (EC) No 1182/2007 and this Regu-
lation; and

(c) a written undertaking from the producer organisation that it
has and will not receive, directly or indirectly, any other
Community or national
funding in respect of actions
qualifying for aid under this Regulation.

Article 63

Partial operational programmes

1.
Pursuant to Article 5 of Regulation (EC) No 1182/2007 a
Member State may authorise an association of producer orga-
nisations to present a partial operational programme of its own,
which shall consist of actions identified, but not implemented
by two or more member producer organisations in their oper-
ational programmes.

The

rules

same

2.
to partial operational
programmes as to other operational programmes and they
shall be considered together with the operational programmes
of the member producer organisations.

apply

shall

(b) for

additional per-kilometre

costs,
compared to road haulage costs, incurred when using rail
and/or ship transport as part of a measure to respect the
environment; and

transport

external

3. Member States shall ensure that:

(c)

for additional costs and income foregone resulting from
environmental
calculated in conformity with
Article 53(2) of Regulation (EC) No 1974/2006.

actions,

(a)

the actions are fully financed from contributions of member
producer organisations paid out of the operational funds of
those organisations;

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(b) the actions and the corresponding financial participation are
listed in the operational programme of each participating
producer organisation; and

and funds by 20 January at the latest following the date of
the application. The approval decision may stipulate that expen-
diture is eligible from 1 January of the year following the appli-
cation.

(c)

there is no risk of duplicate aid and that Article 60 is
applied mutatis mutandis.

Article 64

Time limit for submission

Operational programmes shall be submitted for approval by the
producer organisation to the competent authority in the
Member State in which the producer organisation has its head-
quarters by 15 September at the latest of the year preceding
that
the
in which they are to be implemented. However,
Member States may postpone that date.

When a legal entity or clearly defined part of a legal entity,
including a producer group, submits an application for recog-
nition as a producer organisation it may at the same time
submit
the operational programme referred to in the first
paragraph for approval. Approval of the programme shall be
subject to obtainment of recognition no later than on the final
date laid down in Article 65(2).

Article 65

Decision

1.

The competent national authority shall, as appropriate:

(a) approve amounts of funds and programmes which meet the
requirements of Regulation (EC) No 1182/2007 and those
of this Chapter;

(b) approve

the programmes, on condition that
certain
amendments are accepted by the producer organisation; or

(c) reject the programmes or part of the programmes.

2.
The competent national authority shall take decisions on
programmes and funds by 15 December at the latest of the year
in which they are submitted.

Article 66

Amendments to operational programmes for
subsequent years

1.
Producer organisations may request amendments to oper-
ational programmes, including if necessary an extension of its
duration up to a total duration of five years, by 15 September
at the latest to be applied from 1 January of the following year.

However, Member States may postpone the date for submitting
requests.

Requests

for amendments

2.
shall be accompanied by
supporting documents giving the reason, nature and impli-
cations of the changes.

3.
The competent authority shall take decisions on requests
for amendments to operational programmes by 15 December at
the latest.

However, for duly justified reasons, Member States may take a
decision on amendments to operational programmes not later
than 20 January following the date of the application. The
approval decision may stipulate that expenditure is eligible
from 1 January of the year following the application.

Article 67

Amendments to operational programmes during the year

1. Member States may authorise amendments to operational
programmes during the year, under conditions to be determined
by them.

Producer organisations may be

2.
competent national authority, during the year to:

authorised by

the

Member States shall notify the producer organisations of those
decisions by 15 December at the latest.

(a)

implement their operational programmes in part only;

However,
the competent national
authority may take a decision on operational programmes

for duly justified reasons,

(b) change

the

contents of

the operational programme,
including if necessary the extension of its duration up to
a total duration of five years;

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(c)

increase the amount of the operational fund by a maximum
of 25 %, and decrease it by a percentage to be fixed by
Member States, of the amount initially approved provided
the overall objectives of
the operational programme are
maintained. Member States may increase this percentage
in case of mergers of producer organisations as referred
to in Article 31(1).

Article 70

Applications

1.
Producer organisations shall submit an application for aid
or the balance thereof to the competent authority for each
operational programme for which aid is requested on 15
February at the latest of the year following that for which the
aid is requested.

3. Member States shall determine the conditions under which
operational programmes may be amended during the year
without prior approval by the competent national authority.
These changes are only eligible for aid if they are communicated
by the producer organisation to the competent authority
without delay.

Article 68
Operational programmes’ format

Applications

2.
documents showing:

shall

be

accompanied

by

supporting

(a)

the aid requested;

(b) the value of the marketed production;

Operational programmes shall be implemented in annual

1.
periods running from 1 January to 31 December.

(c)

the financial contributions levied on its members and those
of the producer organisation itself;

Operational programmes approved on 15 December at
the
shall be implemented from 1 January of

2.
the latest
following year.

(d) the expenditure incurred in respect of

the operational

programme;

implementation

The
15 December shall be postponed for one year.

programmes

of

approved

(e)

after

expenditure

the
crisis
management broken down by actions;

concerning

prevention

and

By way of derogation from the first and second subparagraphs
of this paragraph, where the third subparagraph of Article 65(2)
or the second subparagraph of Article 66(3) apply, the imple-
mentation of operational programmes approved in accordance
with those provisions shall start not
later than 31 January
following their approval.

S e c t i o n 4

A i d

Article 69

Approved amount of aid

Member States shall notify producer organisations and asso-
ciations of producer organisations of the approved amount of
aid,
required by Article 13(3) of Regulation (EC)
No 1182/2007, by 15 December at the latest.

as

(f)

the proportion of
the operational
prevention and management broken down by actions;

fund spent on crisis

(g) compliance with Article 9(2) and Article 9(3)(a) or (b) and

Article 10 of Regulation (EC) No 1182/2007;

(h) a written undertaking that it has not received any duplicate
funding in respect of measures
Community or national
and/or operations qualifying for aid under this Regulation;
and

(i)

in the case of an application for payment based on a
standard flat-rate as referred to in Article 61(4), proof of
the implementation of the action concerned.

Applications may cover expenditure programmed but not

3.
incurred if the following elements are proved:

Where the third subparagraph of Article 65(2) or the second
subparagraph of Article 66(3) of this Regulation apply, Member
States shall give notification of the approved amount of aid not
later than 20 January.

(a)

the operations concerned could not be carried out by 31
December at the latest of the year of implementation of the
operational programme for reasons beyond the control of
the producer organisation concerned;

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(b) those operations can be carried out by 30 April at the latest

of the following year at the latest; and

(c) an equivalent contribution from the producer organisation

remains in the operational fund.

The aid shall be paid and the security lodged in accordance with
Article 72(3) shall be released only on condition that proof of
implementation of the programmed expenditure referred to in
point (b) of the first subparagraph is provided by 30 April at
the latest of the year following that for which the expenditure in
question was programmed, and on the basis of the entitlement
to the aid actually established.

Advances shall be paid subject to the lodging of a security
in accordance with Regulation

to 110 % thereof

3.
equivalent
No 2220/85.

financial contributions to the operational

Conditions shall be provided for by the Member States to
ensure that
fund
have been levied in accordance with Article 54 and Article
55 of this Regulation and previous advance payments have
actually been spent.

4.
Applications for the release of securities may be submitted
during the current programme year and shall be accompanied
by the relevant supporting documents.

4. Where applications are submitted after the date provided
for in paragraph 1, the aid shall be reduced by 1 % for each day
late.

Securities shall be released in respect of up to 80 % of advances
paid.

In exceptional and duly justified cases, the competent authority
may accept applications after the date provided for in para-
if the necessary checks have been carried out and
graph 1,
the time limit
for payment provided for in Article 71 is
complied with.

Article 71

Payment of the aid

Member States shall pay the aid by 15 October at the latest of
the year
the
programme.

following the year of

implementation of

Article 72

Advance payments

1. Member States may permit producer organisations to
apply for the advance payment of the part of the aid corre-
sponding to the foreseeable expenditure resulting from the op-
erational programme during the three- or four-month period
starting in the month in which the application is submitted.

The primary requirement within the meaning of Arti-
the
in the operational
in

5.
cle 20 of Regulation (EC) No 2220/85 shall cover
the operations set out
performance of
programmes
Article 62(b) and (c) of this Regulation.

to the undertakings provided for

subject

In the event of failure to comply with the primary requirement
or of serious failure to meet the obligations provided for in
Article 62(b) and (c) the security shall be forfeited, without
prejudice to other penalties to be applied in accordance with
Section 3 of Chapter V.

In the event of failure to comply with other requirements, the
security shall be forfeited in proportion to the gravity of the
irregularity that has been established.

6. Member States may set a minimum amount and the
deadlines for advance payments.

Applications for advance payments shall be submitted as
2.
decided by the Member State, either on three-monthly basis in
January, April, July and October or on a four-monthly basis in
January, May and September.

Article 73

Partial payments

Member States may permit producer organisations to apply for
the payment of the part of the aid corresponding to the expen-
diture resulting from the operational programme.

Total advance payments made for a given year may not exceed
80 % of the initially approved amount of aid for the operational
programme.

Applications may be submitted at any time, but no more than
three times in any given year. They shall be accompanied by
suitable supporting documents.

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Total payments in respect of applications for parts of the aid
may not exceed 80 % of the initially approved amount of aid
for the operational programme or of
the real expenditure,
whichever is less.

minimum requirements for class II,
quality and size, are complied with.

in particular as regards

Member States may set a minimum amount and the deadlines
for partial payments.

CHAPTER III

Crisis prevention and management measures

S e c t i o n 1

G e n e r a l p r o v i s i o n s

Article 74

Selection of crisis prevention and management measures

Member States may provide that one or more of the measures
listed in Article 9(2) of Regulation (EC) No 1182/2007 shall not
apply in their territory.

Article 75

Loans to finance crisis prevention and management
measures

Loans taken out to finance crisis prevention and management
measures pursuant to the third subparagraph of Article 9(2) of
Regulation (EC) No 1182/2007 whose repayment period
exceeds the length of
the operational programme may be
carried over to a subsequent operational programme on duly
justified economic grounds.

S e c t i o n 2

M a r k e t w i t h d r a w a l s

Article 76

Definition

This Section lays down rules concerning market withdrawals as
referred to in Article 9(2)(a) of Regulation (EC) No 1182/2007.
For the purposes of this Chapter, ‘products withdrawn from the
market’, ‘withdrawn products’ and ‘products not put up for sale’
mean products which are so withdrawn from the market.

Article 77

Marketing standards

1. Where a marketing standard as referred to in paragraphs 2
and 7 of Article 2 of Regulation (EC) No 1182/2007 exists for
a given product, such product withdrawn from the market shall
comply with those standards, except for the provisions on the
presentation and marking of products. Products may be
the
withdrawn in bulk, all

together, provided that

sizes

However, miniature produce as defined in the relevant standards
shall comply with the applicable marketing standards, including
the provisions on the presentation and marking of products.

2.
If no such marketing standards exist for a given product,
the minimum requirements laid down in Annex IX shall be met
by products withdrawn from the market. The Member States
may lay down additional rules supplementing those minimum
requirements.

Article 78

Three-year average for market withdrawals for free
distribution

The limit of 5 % of the volume of marketed production referred
to in Article 10(4) of Regulation (EC) No 1182/2007 shall be
calculated on the basis of an arithmetic mean of the overall
volumes of products for which the producer organisation is
recognised and are marketed through the producer organisation
during the three previous years.

For recently recognised producer organisations,
marketing years prior to recognition shall be:

the data for

(a) where the organisation was a producer group, the equivalent

data for that producer group, where applicable; or

(b) the volume applicable to the application for recognition.

Article 79

Prior notification of withdrawal operations

1.
Producer organisations and associations of producer orga-
nisations shall notify in advance the competent national autho-
rities, by written telecommunication or electronic message, of
each withdrawal operation they intend to undertake. Such noti-
in particular, the list of products taken
fication shall specify,
into intervention and their principal characteristics according
to the relevant marketing standards, the estimated quantity of
each product concerned,
their intended destination and the
place where the withdrawn products may be inspected as
provided for in Article 110. Notifications shall include a certi-
ficate attesting that the withdrawn products conform to the
applicable marketing standards or minimum requirements
referred to in Article 77.

2. Member States shall lay down detailed rules for producer
organisations as regards notifications provided for in para-
graph 1, in particular as regards time limits.

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3. Within the time limits referred to in paragraph 2, the
Member States shall:

shall be eligible as part of the support for market withdrawals
under the operational programme.

(a) either carry out the check referred to in Article 110(1),
following which,
it shall
authorise the withdrawal operation as noted in the check;
or;

if no irregularities are detected,

2.
The destinations referred to in paragraph 1 of this Article
shall include free distribution which shall mean those referred to
in points (a) and (b) of Article 10(4) of Regulation (EC) No
1182/2007 and any other equivalent destinations approved
by Member States.

(b) in the cases referred to in Article 110(3), not carry out the
check referred to in Article 110(1), in which case it shall
inform the producer organisation of this by a written tele-
communication or an electronic message and authorise the
withdrawal operation as notified.

Member States shall take all the necessary steps to facilitate
contacts and co-operation between producer organisations and
the recipients they have approved, on request, for free distri-
bution.

Article 80

Support

1.
The support, comprising both the Community contri-
bution and the producer organisation contribution, for market
withdrawals shall be no more than the amounts set out in
Annex X for the products referred to in that Annex. For
other products, Member States shall set maximum amounts of
support.

2. Market withdrawals shall not exceed 5 % as a proportion
of the volume of the marketed production of any given product
in any given producer organisation.

The volume of marketed production shall be calculated as
average of
the volume of marketed production in the
previous three years. If this information is not available, the
volume of marketed production for which the producer orga-
nisation was recognised shall be used.

3.
Disposal of products to the processing industry shall be
possible only on condition that there is no resulting distortion
concerned within the
industries
of
Community or for imported products.

competition for

the

Article 82

Transport costs

1.
The transport costs for the free distribution of all products
withdrawn from the market shall be eligible under the opera-
tional programme on the basis of the flat-rate amounts set
according to the distance between the point of withdrawal
and the place of delivery set out in Annex XI.

In the case of sea transport, the Commission shall determine the
transport costs which may be met on the basis of the real
transport costs and the distance. The compensation thus
determined may not exceed the cost of land transport over
the shortest route between the place of loading and the theo-
retical point of exit. A correcting coefficient of 0,6 shall be
applied to the amounts as set out in Annex XI.

The percentages referred to in the first subparagraph shall be
annual averages over a three year period, with a 3 % annual
margin of error.

2.
The transport costs shall be paid to the party which
actually bears the financial cost of the transport operation in
question.

Article 81

Destinations for withdrawn products

1. Member States shall lay down the permissible destinations
for products subjected to market withdrawals. They shall adopt
provisions to ensure that no negative impact on the envir-
onment nor any negative phytosanitary consequences result
from the withdrawal or its destination. Costs incurred by the
producer organisations due to compliance with these provisions

Payment shall be subject
documents certifying in particular:

to the presentation of supporting

(a)

the names of the beneficiary organisations;

(b) the quantity of the products concerned;

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(c) acceptance by the beneficiary organisations and the means

of transport used; and

(d) the transport costs actually incurred.

(d) provide the supporting documents on the final destination
of each of the products concerned, in the form of a take-
over certificate (or equivalent document) attesting that the
withdrawn products have been taken over by a third party
with a view to their free distribution.

Article 83

Sorting and packing costs

1.
The costs of sorting and packaging fresh fruit and vege-
tables withdrawn from the market for free distribution shall be
eligible under operational programmes at the flat-rate amount
of EUR 132 per tonne net weight, in the case of products put
up in packages of less than 25 kilograms net weight.

2.
Packages of products for free distribution shall display the
European emblem, together with one or more of the references
set out in Annex XII.

3.
The costs of sorting and packaging shall be paid to the
producer organisations which have performed those operations.

Payment shall be subject
documents certifying in particular:

to the presentation of supporting

Member States may decide that recipients do not have to keep
records or accounts referred to in point (b) of the first subpara-
graph,
if they receive only small quantities and where they
consider that the risk is low. That decision and its justification
shall be recorded.

The recipients of withdrawn products for other desti-

2.
nations shall undertake to:

(a) comply with this Regulation;

(b) keep separate stock records and financial accounts for the
operations in question if the Member States considers it as
appropriate despite the fact
the product has been
denatured before delivery;

that

(a)

the names of the beneficiary organisations;

(c) accept the checks provided for by the Community rules; and

(b) the quantity of the products concerned; and

(c) acceptance by the beneficiary organisations, specifying the

presentation.

(d) not request additional aid for the alcohol produced from the
products concerned in the case of withdrawn products
intended for distillation.

Article 84

G r e e n h a r v e s t i n g a n d n o n - h a r v e s t i n g

S e c t i o n 3

Conditions for the recipients of withdrawn products

The recipients of withdrawn products referred to in points
1.
(a) and (b) of Article 10(4) of Regulation (EC) No 1182/2007
shall undertake to:

(a) comply with this Regulation;

Article 85

Definitions of green harvesting and non-harvesting

1.
Green harvesting shall mean the total harvesting of non-
marketable products on a given area carried out before the
the normal harvest. The products concerned
beginning of
to the green
shall not have been already damaged prior
harvesting, whether due to climatic reasons or disease or
otherwise.

(b) keep separate stock records and financial accounts for the

operations in question;

(c) accept the checks provided for by the Community rules; and

2.
Non-harvesting shall be where no commercial production
is taken from the area concerned during the normal production
cycle. However destruction of products due to climatic event or
disease shall not be considered as non-harvesting.

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Green harvesting and non-harvesting shall be additional to

3.
and different from normal cultivation practices.

green harvesting and non-harvesting shall be per hectare
payments set by the Member State under paragraph 1(a):

Article 86

Conditions for the application of green harvesting and
non-harvesting

In relation to green harvesting and non-harvesting

1.
measures, Member States shall:

(a) at the level to cover only additional costs generated by the
application of the measure, taking into account the envir-
onmental and phytosanitary management needed to comply
with the provisions adopted pursuant to paragraph 1(b); or

(a) adopt detailed provisions on the implementation of

the
measures, including on prior notifications of non-harvesting
and green harvesting, their content and deadlines, on the
amount of compensation to be paid and on the application
of the measures, as well as the list of products eligible under
the measures;

(b) adopt provisions to ensure that no negative impact on the
environment nor any negative phytosanitary consequences
result from their application;

(c) ensure that it is possible to check that the measures are
carried out correctly, and not approve the application of
the measures where this is not the case;

(b) at a level to cover not more than 90 % of the maximum
for market withdrawals as referred to in

level

support
Article 80.

S e c t i o n 4

P r o m o t i o n a n d c o m m u n i c a t i o n

Article 87

Implementation of promotion and communication
measures

1. Member States shall adopt detailed provisions on the
implementation of promotion and communication measures.
These provisions shall allow for the rapid application of the
measures when required.

(d) apply such checks to ensure that the measures are carried
including in relation to the provisions

out correctly,
mentioned in points (a) and (b).

2.
Actions under promotion and communication measures
shall be additional to any on-going promotion and communi-
cation actions being applied by the producer organisation
concerned.

2.
Producer organisations and associations of producer orga-
nisations shall notify in advance the competent national autho-
rities, by written telecommunication or electronic message, of
each green harvesting or non-harvesting operation they intend
to undertake.

They shall include in the first notification of any given year and
for a given product, an analysis based on the expected market
situation which justifies green harvesting as a crisis prevention
measure.

3.
Green harvesting and non-harvesting shall not both be
applied for the same product and the same given area in any
given year, or in any two consecutive years.

4.
Compensation amounts, comprising both the Community
contribution and the producer organisation contribution, for

S e c t i o n 5

T r a i n i n g

Article 88

Implementation of training measures

In relation to training measures, Member States shall adopt
detailed provisions on the implementation of those measures.

S e c t i o n 6

H a r v e s t i n s u r a n c e

Article 89

Objective of harvest insurance measures

Harvest insurance actions shall be managed by a producer orga-
nisation which shall contribute to safeguarding producers’
incomes and to covering market
incurred by the
producer organisation and/or its members where these are
affected by natural disasters, climatic events and, where appro-
priate, diseases or pest infestations.

losses

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Article 90

S e c t i o n 7

Implementation of harvest insurance measures

1.
In relation to harvest insurance measures, Member States
shall adopt detailed provisions on the implementation of those
including those necessary to ensure that harvest
measures,
insurance measures do not distort
competition in the
insurance market.

States may

2. Member
additional national
financing to support for harvest insurance measures which are
total public
benefiting from the operational
support for harvest insurance may not exceed:

fund. However,

contribute

(a) 80 % of the cost of the insurance premiums paid for by
producers for insurance against losses as a result of adverse
climatic events which can be assimilated to natural disasters;

S u p p o r t f o r t h e a d m i n i s t r a t i v e c o s t o f
s e t t i n g u p m u t u a l f u n d s

Article 91

Conditions for support for the administrative cost of
setting up mutual funds

1.
In relation to support for the administrative cost of setting
up mutual funds, Member States shall adopt detailed provisions
for the implementation of that measure.

2.
Support for the administrative cost of setting up mutual
funds shall be, in the first, second and third year of operation of
the mutual fund respectively, the following proportion of the
contribution of the producer organisation to the mutual fund in
the first, second and third year of its operation:

(a) 10 %, 8 % and 4 % in the Member States which acceded to

the European Union on 1 May 2004 or thereafter;

(b) 50 % of the cost of the insurance premiums paid for by

producers for insurance against:

(b) 5 %, 4 % and 2 % in other Member States.

(i)

losses referred to in point (a) and against other losses
caused by adverse climatic events; and

3. Member States may fix ceilings for the amounts that may
be received by a producer organisation as support
for the
administrative cost of setting up mutual funds.

(ii) losses caused by animal or plant diseases or pest infes-

tations.

S e c t i o n 8

The limit set out in point (b) of the first subparagraph shall
apply even in cases where the operational fund is otherwise
eligible for 60 % Community financial assistance pursuant to
Article 10(3) of Regulation (EC) No 1182/2007.

Harvest

insurance measures shall not cover

insurance
3.
payments which compensate producers for more than 100 %
of the income loss suffered, taking into account any compen-
sation the producers obtain from other support schemes related
to the insured risk.

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

Article 92

Detailed provisions in national strategies

Member States paying State aid in accordance with point (c) of
the second subparagraph of Article 43 of Regulation (EC) No
1182/2007 shall set out detailed provisions for the implemen-
tation of that provision in their national strategies.

CHAPTER IV

National Financial Assistance

Article 93

Degree of organisation of producers

For the purposes of this Article, an ‘adverse climatic event
4.
which can be assimilated to a natural disaster’ shall have the
same meaning as in Article 2(8) of Commission Regulation (EC)
No 1857/2006 (1).

(1) OJ L 358, 16.12.2006, p. 3.

the purposes of Article 11(1) of Regulation (EC) No
For
the degree of organisation of producers in a
1182/2007,
region of a Member State shall be considered as particularly
low where producer organisations, associations of producer
organisations and producer groups have marketed less than
20 % of the average value of fruit and vegetable production
in the last three years for which the data are available.

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Article 94

Authorisation to pay national financial assistance

1. Member States shall submit a request to the Commission
for authorisation to pay national financial assistance pursuant to
the first subparagraph of Article 11(1) of Regulation (EC) No
1182/2007 in any given calendar year by 15 January of that
year.

The request shall be accompanied by evidence showing that the
degree of organisation of producers in the region concerned is
particularly low, as defined in Article 93 of this Regulation, as
well as details of the producer organisations concerned, the
amount of
concerned and the proportion of
financial contributions being made pursuant to Article 8(1)(a)
of Regulation (EC) No 1182/2007.

assistance

The Commission shall approve or
its submission.

2.
refuse the request
the Commission
within three months of
If
does not reply within this period the request shall be considered
to have been approved.

Article 95

Application for and payment of the national financial
assistance

Producer organisations shall apply for the national
financial
assistance, and Member States shall pay the aid, in accordance
with Articles 70 to 73.

previous three years, as well as details of the producer organi-
sations concerned, the amount of assistance actually paid and
the proportion of
actually made
pursuant to Article 8(1)(a) of Regulation (EC) No 1182/2007.

contributions

financial

The Commission shall take a decision to approve or refuse

2.
the request.

3. Where Community reimbursement of the assistance has
been approved, the eligible expenditure shall be declared to the
in
Commission in accordance with the procedure set out
Article 5 of Commission Regulation (EC) No 883/2006 (1).

CHAPTER V

General Provisions

S e c t i o n 1

C o m m u n i c a t i o n s

Article 98
Producer organisations’ reports

Producer organisations

reports,
1.
accompanying applications for aid, on the implementation of
operational programmes.

submit

annual

shall

Those reports shall concern the following:

(a) operational programmes implemented during the preceding

year;

Article 96

Maximum proportion of Community reimbursement of the
national financial assistance

The proportion of Community reimbursement of national
financial assistance shall be 60 % of
financial
assistance granted to the producer organisation.

the national

(b) main amendments to operational programmes; and

(c) variances between estimated aid and aid applied for.

For each operational programme implemented, the annual

2.
report shall indicate:

Article 97

Community reimbursement of the national financial
assistance

(a)

1. Member States shall request Community reimbursement
of approved national
financial assistance actually paid to
producer organisations, before 1 March of the year following
the yearly implementation of the operational programmes.

the achievements and results of the operational programme,
based on, where relevant, the common output and result
indicators set out in Annex XIV and, where appropriate,
additional output and result
in the
national strategy; and

indicators

set out

The request shall be accompanied by evidence showing that the
conditions set out in the second subparagraph of Article 11(1)
of Regulation (EC) No 1182/2007 have been fulfilled in the

(b) a summary of the major problems encountered in managing
the programme and any measures taken to ensure the
quality and effectiveness of programme implementation.

(1) OJ L 171, 23.6.2006, p. 1.

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Where relevant, the annual report shall specify what effective
safeguards are in place, in accordance with the national strategy
and in application of Article 9(5) of Regulation (EC) No
1182/2007,
from possible
increased pressures coming from investments supported under
the operational programme.

environment

to protect

the

For

3.
programme, a final
referred to in paragraph 1.

the final year of application of an operational
report

replace the annual

report shall

Final reports shall show to what extent the objectives pursued
by the programmes have been achieved. They shall explain
changes to actions and/or methods and identify factors which
contributed to the success or failure of the programme's imple-
mentation, which have been or will be considered when
subsequent operational programmes are drawn up, or when
existing operational programmes are amended.

4. Without prejudice to specific provisions in this Regulation,
where a producer organisation fails to make a communication
to the Member State as required under this Regulation or Regu-
lation (EC) No 1182/2007 or if the communication appears
incorrect in the light of objective facts in the Member State's
possession, the Member State shall suspend approval for the
relevant operational programme for the following year until
the communication is correctly made.

The Member State shall include in its annual report referred to
in Article 99(3) of this Regulation details of such cases.

fund and also the total amount of Community
operational
financing of
fund. These figures shall be
further broken down between amounts for crisis prevention
and management measures and other measures.

that operational

3. Member States shall communicate to the Commission not
later than 15 November in any given year an annual report on
producer organisations and producer groups and operational
funds, operational programmes and recognition plans running
in the previous year. The annual
shall contain in
particular the information set out in Annex XIII.

report

S e c t i o n 2

C h e c k s

Article 100

Unique identification system

Member States shall ensure that a unique identification system
applies with regard to all aid applications submitted by the
same producer organisation or producer group. This identifi-
cation shall be compatible with the system to record identity
referred to in Article 18(1)(f) of Council Regulation (EC)
No 1782/2003 (1).

Article 101

Aid applications

Without prejudice to specific provisions of
this Regulation,
Member States shall provide for appropriate procedures for
the submission of applications for support,
for requests for
recognition or approval of operational programme, as well as
for payment claims.

Article 102

Sampling

Article 99

Required communications from Member States

Where it
is appropriate to carry out checks by sampling,
Member States shall ensure, by their nature and frequency
and on the basis of a risk analysis, that the checks are appro-
priate to the measure concerned.

shall designate

competent
1. Member States
authority
the
responsible
Commission and the Member State which concern producer
organisations, producer groups and associations of producer
organisations. They shall notify the Commission of this desig-
nation and the contact details of the authority.

communications

between

single

for

a

2. Member States shall communicate to the Commission not
later than 31 January the total amount of the operational fund
approved that year
for all operational programmes. This
communication shall make clear both the total amount of the

Article 103

Administrative checks

Administrative checks shall be carried out on all applications for
support or payment claims, and shall cover all possible and
appropriate elements to be checked by administrative means.
require the recording of undertaken
The procedures
operations,
the verification and the measures
taken in respect of discrepancies.

shall
the results of

(1) OJ L 270, 21.10.2003, p. 1.

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Article 104

On-the-spot checks

(a)

the accuracy of information provided pursuant to Article
61(1)(a), (b) and (e);

1.
Every on-the-spot check shall be the subject of a moni-
toring report in order to make it possible to review the details
of the checks carried out. The report shall indicate in particular:

(a)

the aid scheme and the application checked;

(b) compliance of the programmes with Article 9 of Regulation
(EC) No 1182/2007 as well as with the national framework
and the national strategy;

(b) the persons present;

(c)

the eligibility of the actions and the eligibility of the expen-
diture proposed;

(c)

the actions, measures and documents checked; and

(d) the results of the check.

2.
The beneficiary may be given the opportunity to sign the
report to attest his presence at the check and to add obser-
vations. Where irregularities are found the beneficiary may
receive a copy of the monitoring report.

Advance notice of on-the-spot checks may be given,
3.
provided that
jeopardised.
The advance notice should be limited to the minimum time
necessary.

the check is not

the purpose of

4. Where possible, on-the-spot checks provided for in this
Regulation and other checks provided for in Community rules
regarding agricultural subsidies shall be carried out at the same
time. However,
in 2008, where necessary, on-the-spot checks
may be carried out by different bodies at different times.

Article 105

Approval of requests for recognition and approval of
operational programmes

1.
Before recognising a producer organisation under Article
4(2)(a) of Regulation (EC) No 1182/2007, Members States shall
conduct an on-the-spot visit to the producer organisation prior
to granting recognition to verify compliance with the conditions
for recognition.

Before approving an operational programme under Article
2.
65, the competent national authority shall verify by all appro-
the operational
priate means,
including on-the-spot checks,
programme submitted for approval and,
the
requests
in particular
concern:

for modification. These checks shall

if applicable,

(d) the consistency and technical quality of programmes, the
the estimates and the aid plan, and the
soundness of
verify
its
planning of
whether measurable targets have been set, so that
their
achievement can be monitored, and whether the targets
set are achievable through implementing the proposed
actions; and

implementation. Checks

shall

(e)

the operations for which support

is
the compliance of
requested with applicable national and Community rules
on, in particular, and where relevant, public procurement,
State aid and the other appropriate obligatory standards
established by national
legislation or established in the
national framework or the national strategy.

Article 106

Checks on applications for aid for operational programmes

Prior to granting the payment, Member States carry out admin-
istrative checks on all applications for aid as well as on-the-spot
checks by sampling.

Article 107

Administrative checks on applications for aid for
operational programmes

Administrative checks on applications for aid shall include
1.
in particular, and as far as this is appropriate for the claiming
question, a verification of:

(a)

the annual or, where applicable, the final report transmitted
together with the application on the execution of the oper-
ational programme;

(b) the value of marketed production, the contributions to the

operational fund and the expenditure incurred;

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(c)

the delivery of the products and services and the genu-
ineness of expenditure claimed;

At least one check shall be made on each producer organisation
before the payment of the aid or the balance thereof relating to
the final year of its operational programme.

(d) the conformity of the actions executed with those included

in the operational programme as approved; and

(e)

the respect of financial or other limits and ceilings imposed.

3.
The results of the on-the-spot checks shall be evaluated to
establish whether any problems encountered are of a systemic
character, entailing a risk for other similar actions, beneficiaries
or bodies. The evaluation shall also identify the causes of such
situations, any further examination which may be required and
the necessary corrective and preventive action.

2.
Payments financed under the operational programme shall
be supported by invoices and documents proving that payment
has been made. Where this cannot be done, payments shall be
supported by documents of equivalent probative value. Invoices
used must be established in the name of the producer organi-
sation, association of producer organisations, producer group or
subsidiary as foreseen in Article 52(7) or, subject to Member
State approval, in the name of one or more of its members.

If the checks reveal significant irregularities in a region or part
of a region or for a specific producer organisation, the Member
State shall carry out additional checks during the year in
question and shall
increase the percentage of corresponding
applications to be checked the following year.

The Member State shall determine which producer orga-

4.
nisations to check on the basis of a risk analysis.

Article 108

The risk analysis shall in particular take account of:

On-the-spot checks on applications for aid for operational
programmes

1.
In the context of the verification of the application for aid
referred to in Article 70(1), Member States shall carry out on-
the-spot checks on the producer organisations so as to ensure
compliance with the conditions for grant of aid or the balance
thereof for the year in question.

(a)

the amount of aid;

(b) the findings of the checks in previous years;

Such checks shall in particular concern:

(c) a random element; and

(a) compliance with the recognition criteria for the year in

question;

(d) other parameters to be determined by Member States,

in
particular whether producer organisations are involved in
a quality assurance programme officially recognised by the
Member States or by independent certifying bodies.

(b) the use of the operational fund in the given year including
expenditure declared in claims for advance payments or
partial payments; and

(c) second level checks for the expenses of market withdrawals

and green harvesting and non-harvesting.

The checks referred to in paragraph 1 shall relate to a
2.
significant sample of applications each year. The sample shall
represent at least 30 % of the total aid amount,
in Member
States which have more than 10 recognised producer organi-
sations.
In other cases, each producer organisation shall be
visited at least once every three years.

Article 109

On-the-spot checks on measures of operational
programmes

Through the on-the-spot checks concerning the measures
shall verify in

1.
of operational programmes, Member States
particular the following:

(a)

the implementation of the actions contained in the opera-
tional programme;

(b) that the implementation or intended implementation of the
action is consistent with the use described in the operational
programme as approved;

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(c)

for an adequate number of expenditure items,
nature and timing of
with Community provisions
approved specifications;

the
the relevant expenditure comply
and correspond to the

that

(d) that

the

expenditure

incurred can be

supported by

accounting or other documents; and

(e)

the value of marketed production.

2.
The value of marketed production shall be verified on the
basis of data of the accounting system required under national
law.

To that end, the Member States may decide that the declaration
of the value of marketed production shall be certified in the
same way as the accounting data required under national law.

the value of marketed
The check on the declaration of
production may be carried out before the relevant application
for aid is transmitted.

mentary and identity check and a physical check, where appro-
priate by sampling, of the weight of the products withdrawn
from the market and a check on compliance with the rules in
Article 77,
in accordance with the procedures laid down in
Chapter II of Title II. The check shall take place following
receipt of the notification referred to in Article 79(1), within
the deadlines provided for in Article 79(2).

2.
The first-level checks provided for in paragraph 1 shall
cover 100 % of the quantity of products withdrawn from the
market. At the end of this check, the withdrawn products other
than those for free distribution shall be denatured or disposed
of
the
to the processing industry under the supervision of
competent authorities under the terms and conditions laid
down by the Member State under Article 81.

However, where the products are for free distribution, Member
States may check a smaller percentage than that set out in
paragraph 2 of this Article, provided it is not less than 10 %
of the quantities concerned during the marketing year. The
check may take place at the producer organisation and/or at
the sites of the recipients of the products. In the event that the
checks reveal significant irregularities, the competent authorities
shall carry out additional checks.

3.
Except in exceptional circumstances, the on-the-spot check
shall include a visit to the action or, if the action is intangible,
to the action promoter.
In particular actions on individual
holdings covered by the sample referred to in Article 108(2)
shall be subject of at least one visit to verify their execution.

Article 111

Second-level checks on withdrawal operations

In the framework of the checks referred to in Article 108,

1.
Member States shall make second-level checks.

However, Member States may decide not to carry out such visits
for smaller operations, or where they consider that the risk is
low that the conditions for receiving aid are not fulfilled, or that
the reality of
the operation has not been respected. That
decision and its justification shall be recorded.

4.
The on-the-spot check shall cover all the commitments
and obligations of the producer organisation or its members
which can be checked at the time of the visit.

Member States shall lay down criteria for analysing and eval-
uating the risk of any given producer organisation carrying out
non-compliant withdrawal operations. Such criteria shall relate,
among other things,
to the findings of previous first- and
second-level checks, and whether or not a producer organi-
sation has some form of quality-assurance procedure. They
shall use these criteria to determine for each producer organi-
sation a minimum frequency of second-level checks.

5.
Only checks meeting all the requirements of this Article
may be counted towards the fulfilment of the checking rate set
out in Article 108(2).

2.
The checks referred to in paragraph 1 shall comprise on-
the-spot checks at the premises of producer organisations and
the recipients of withdrawn products, in order to ensure that
the requisite conditions for payment of Community support
have been complied with. These checks shall include:

Article 110

First-level checks on withdrawal operations

1. Member States shall make first-level checks on withdrawal
operations in each producer organisation, comprising a docu-

(a)

the specific stock and accounting records to be kept by all
producer organisations which carry out one or more with-
drawal operations during the marketing year concerned;

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(b) verification of the quantities marketed as declared in the
applications for aid, checking in particular the stock and
accounting records,
the invoices and, where necessary,
their veracity and ensuring that the declarations tally with
the producer organi-
the accounting and/or tax data of
sations concerned;

(c) checks that

in particular

the accounts are correct,

the
veracity of net receipts by the producer organisations as
declared in their payment applications, the proportionality
of any withdrawal costs,
in the accounts
regarding the receipt by the producer organisations of the
Community support and any amounts thereof paid on to
members, ensuring that these tally; and

the entries

(d) checks on the destination of withdrawn products as declared
in the payment application and checks on the appropriate
denaturing to ensure that the producer organisations and
recipients have complied with this Regulation.

3.
The checks referred to in paragraph 2 shall be carried out
on the producer organisations concerned and the recipients
associated with those organisations. Each check shall include a
sample representing at least 5 % of the quantities withdrawn
during the marketing year by the producer organisation.

4.
The stock and accounting records referred to in point (a)
of paragraph 2 shall show, for each product withdrawn, the
amounts moved, expressed in volume, of:

(a)

the production delivered by members of the producer orga-
nisation and by members of other producer organisations in
accordance with Article 3(3)(b) and (c) of Regulation (EC)
No 1182/2007;

(b) sales by the producer organisation, broken down by
products prepared for the fresh market and other types of
products including raw materials for processing; and

(b) checks on compliance with the relevant environmental

requirements;

6.
If the second-level checks reveal significant irregularities,
the competent authorities shall carry out more detailed second-
level checks for the marketing year concerned and shall increase
the frequency of second-level checks on the producer organi-
sations or their associations concerned during the following
marketing year.

Article 112

Green harvesting and non-harvesting

Before a green harvesting operation takes place, Member
1.
States shall verify by an on-the-spot check that the products
concerned are not damaged and the plot has been well main-
tained. After green harvesting, Member State shall verify that the
area concerned has been harvested in total and the harvested
product has been denatured.

After the end of the harvest period, Member States shall verify
the reliability of the analysis based on the expected market
situation referred to in Article 86(2). They shall also analyse
any differences between the expected market situation and the
real market situation.

Before a non-harvesting operation takes place, Member
2.
States shall verify by an on-the-spot check that the given area
has been well maintained, that no partial harvest has already
taken place and that the product is well developed and would in
general be sound, fair and of marketable quality.

Member States shall ensure that the production is denatured. If
this is not possible, they shall ensure, by an on-the-spot visit or
visits during the harvest season, that no harvest takes place.

(c) products withdrawn from the market.

Paragraphs 1, 2, 3 and 6 of Article 111 shall apply mutatis

3.
mutandis.

The checks on the destination of products referred to in

5.
point (c) of paragraph 4 shall include, in particular:

(a) a sample check on the separate accounts to be kept by
recipients and, where necessary, verification that these tally
with the accounts required under national law; and

Article 113

Checks before approving recognition plans of producer
groups

1.
Before approving a recognition plan of a producer group
under Article 7(1) of Regulation (EC) No 1182/2007, Members
States shall conduct an on-the-spot check on the legal entity or
clearly defined part of the legal entity.

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The Member State shall verify by all appropriate means,

2.
including the on-the-spot check:

4.

Articles 107 and 109 shall apply mutatis mutandis.

(a)

the accuracy of the information provided in the recognition
plan;

(b) the commercial consistency and the technical quality of the
plan, the soundness of the estimates and the planning of its
implementation;

Article 115

Transnational producer organisations and transnational
associationsof producer organisations

1.
The Member State in which a transnational producer orga-
nisation or a transnational association of producer organisations
has its head office shall have overall responsibility for organi-
sation of checks on that organisation or association and shall
apply sanctions to it where necessary.

(c)

the eligibility of the actions and the eligibility and reason-
ableness of the expenditure proposed; and

(d) the compliance of

the operations for which support

is
requested with applicable national and Community rules
and in particular, rules on public procurement, State aid
and the other appropriate obligatory standards established
by national
legislation or established in the national
framework or the national strategy.

Article 114

Checks on applications for aid of producer groups

Prior

1.
to granting payment, Member States carry out
administrative checks on all applications for aid made by
producer groups, as well as on-the-spot checks on by sampling.

Following the submission of

the application for aid
2.
referred to in Article 47, Member States shall carry out on-
the-spot checks on producer groups so as to ensure compliance
with the conditions for grant of aid for the year in question.

Those checks shall in particular concern:

(a) compliance with the recognition criteria for the year in

question; and

(b) the value of marketed production as well as the implemen-
tation of the measures contained in the recognition plan
and the expenses incurred.

3.
The checks referred to in paragraph 2 shall relate to a
significant sample of applications each year. The sample shall
represent at least 30 % of the total amount of aid.

2.
The other Member States required to provide the admin-
istrative co-operation referred to in Article 30(2)(c) and Article
37(2)(c) shall carry out such administrative and on the spot
checks as
required by the Member State referred to in
paragraph 1 of this Article, and report the results to them.
They shall
respect all deadlines set by the Member State
referred to in paragraph 1.

3.
The rules applicable in the Member State referred to in
paragraph 1 shall apply in relation to the producer organisation
and the operational programme and operational fund. However
in respect of environmental, phytosanitary questions, and in
relation to the disposal of withdrawn products, the rules of
the Member State where the production takes place shall apply.

S e c t i o n 3

S a n c t i o n s

Article 116

Non-respect of recognition criteria

1. Member States
shall withdraw the recognition of a
producer organisation if a failure to respect the criteria for
recognition is substantial and results from the fact that the
producer
serious
negligence.

organisation acted

deliberately

by

or

Member States shall in particular withdraw the recognition of a
producer organisation if a failure to respect the criteria for
recognition concerns:

(a) a breach of the requirements of Articles 23, 25, 28(1) and

(2) or 33; or

All producer groups shall be checked at least once every five
years.

(b) a situation where the value of marketed production falls, in
two consecutive years, below the limit set by the Member
State pursuant
to Article 4(1)(b) of Regulation (EC)
No 1182/2007.

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The withdrawal of recognition under this paragraph shall take
effect from the date from which the conditions for recognition
were not fulfilled, subject to any applicable horizontal
legis-
lation at national level on limitation periods.

producer groups, or suspend payments to such a body if they
are suspected of having committed fraud in respect of aid
covered by Regulation (EC) No 1182/2007.

2. Where paragraph 1 does not apply, Member States shall
suspend the recognition of a producer organisation if a failure
to respect the criteria for recognition is substantial but is only
temporary.

Article 118

Producer groups

1. Member States shall apply, mutatis mutandis, the sanctions
provided for in Article 116 and/or 119 to recognition plans.

During the period of suspension, no aid shall be paid. The
suspension shall take effect from the day where the check has
taken place and shall end on the day of the check which shows
that the criteria concerned have been fulfilled.

2.
In addition to paragraph 1, if, after the end of the period
set by the Member State under Article 51(4), the producer
group is not recognised as producer organisation, the Member
State shall recover:

The period of suspension shall not exceed 12 months. If the
criteria concerned are subsequently not
fulfilled after 12
months, recognition shall be withdrawn.

(a) 100 % of the aid paid to the producer group if the failure to
achieve recognition was due to the producer group acting
deliberately or by serious negligence; or

Member States may make payments after the deadline set out in
Article 71 where this is necessary in order to apply this
paragraph.

(b) 50 % of the aid paid to the producer group in all other

cases.

3.
In other cases of a failure to respect the criteria for recog-
nition, where paragraphs 1 and 2 do not apply, Member States
shall send a warning letter stating the corrective measures to be
taken. Member States may delay payments of aid until
the
corrective measures are taken.

A failure to take the corrective measures within a 12 month
period shall be regarded as substantial failure to respect the
criteria and paragraph 2 shall subsequently be applied.

Article 117

Fraud

1. Without prejudice to any other penalties applicable under
shall
Community and national
withdraw the recognition of a producer organisation, an asso-
ciation of producer organisations or a producer group if it is
found to have committed fraud in respect of aid covered by
Regulation (EC) No 1182/2007.

legislation, Member States

2. Member States may suspend the recognition of a producer
organisation, an association of producer organisations or a

Article 119

Operational programme

Payments shall be calculated on the basis of what is found

1.
eligible.

2.
The Member State shall examine the application for aid
received from the beneficiary, and establish the amounts that
are eligible for support. It shall establish:

(a)

the amount that would be payable to the beneficiary based
solely on the application;

(b) the amount that is payable to the beneficiary after an exam-

ination of the eligibility of the application.

If

the amount established pursuant

(a) of
3.
paragraph 2 exceeds the amount established pursuant to point
(b) of paragraph 2 by more than 3 %, a reduction shall be
applied to the amount actually payable to the beneficiary. The
amount of the reduction shall be the difference between the
amounts calculated in points (a) and (b) of paragraph 2.

to point

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However, no reduction shall be applied if the producer organi-
sation or producer group is able to demonstrate that it is not
responsible for the inclusion of the ineligible amount.

4.
Paragraphs 2 and 3 shall apply mutatis mutandis
ineligible expenditure identified during on-the-spot checks.

to

If

5.
the value of marketed production is declared and
checked before the application for aid, a reduction shall be
applied to the value of marketed production used in calculating
amounts in accordance with paragraphs 2 and 3.

6.
If a beneficiary is found to have intentionally made a false
declaration the operation in question shall be excluded from
support of
the operational programme or recognition plan
and any amounts already paid for that operation shall be
recovered. Moreover,
for
that operation, from receiving support under the operational
programme in question in the following year.

the beneficiary shall be excluded,

Expenditure for withdrawal operation shall be considered
2.
as ineligible if the products not put up for sale have not been
disposed of as provided for by the Member State under Article
81(1) or that
the withdrawal or its destination has had a
negative impact on the environment or any negative phytosa-
nitary consequences in contravention of the provisions adopted
under Article 81(1).

Article 122

Sanctions applicable to recipients of withdrawn products

Where irregularities attributable to the recipients of withdrawn
products are detected during checks made in accordance with
Articles 110 and 111, the following sanctions shall apply:

(a)

the recipients shall cease to be eligible to receive with-
drawals; and

Article 120

Sanctions following first-level checks on withdrawal
operations

If, following the check referred to in Article 110, irregularities
the
are found with regard to the marketing standards or
minimum requirements referred to in Article 77, the beneficiary
shall be required:

(b) recipients of products withdrawn from the market shall be
obliged to repay the value of the products they received plus
the related sorting, packaging and transport costs
in
laid down by the Member
accordance with the rules
States.
the producer organisation shall
case,
reimburse the Community contribution.

In this

(a)

the amount of

the compensation,
to pay a penalty of
calculated on the basis of
the quantities of withdrawn
products not in conformity with the marketing standards
or minimum requirements, if those quantities are less than
10 % of the quantities notified pursuant to Article 79 for
the withdrawal operation in question;

The sanction provided for in point (a) take effect immediately
and continues for at least one marketing year, and may be
extended depending on the seriousness of the irregularity.

(b) to pay a penalty of the double amount of the compensation,
if those quantities are between 10 % and 25 % of the quan-
tities notified; or

Article 123

Green harvesting and non-harvesting

(c)

to pay a penalty of the amount of the compensation for the
entire quantity notified pursuant to Article 79, where those
quantities exceed 25 % of the quantity notified.

1. With regard to green harvesting,
if it is found that the
the
producer organisation has not
producer organisation shall pay by way of penalty the
amount of the compensation relating to the areas for which
the obligation has not been respected. A failure to fulfil obli-
gations shall include cases where:

fulfilled its obligations

Article 121

Other sanctions applicable to producer organisations
regarding withdrawal operations

1.
The sanctions referred to in Article 119 shall cover aid
applied for in respect of withdrawal operations as integrated
parts of operational programme expenditure.

(a)

the Member State finds, during the verification referred to in
the second subparagraph of Article 112(1), that the green
harvesting measure was not justified on the basis of the
analysis of the expected market situation existing at the
time;

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(b) the area notified for green harvesting is not eligible for

S e c t i o n 4

green harvesting; or

M o n i t o r i n g a n d e v a l u a t i o n o f o p e r a t i o n a l
p r o g r a m m e s a n d o f n a t i o n a l s t r a t e g i e s

(c)

the area is not
denatured.

totally harvested or the production not

Article 126

Common set of performance indicators

if

it is found that the
2. With regard to non-harvesting,
producer organisation has not
the
producer organisation shall pay by way of penalty the
amount of the compensation relating to the areas for which
the obligation has not been respected. A failure to fulfil obli-
gations shall include cases where:

fulfilled its obligations

Both

national

strategies

operational
the
1.
the
programmes shall be subject
to monitoring and evaluation
aimed at assessing the progress made towards achieving the
objectives set for operational programmes, as well as efficiency
and effectiveness in relation to those objectives.

and

(a)

the area notified for non-harvesting is not eligible for non-
harvesting;

2.
Progress, efficiency and effectiveness shall be assessed by
means of a common set of performance indicators relating to
the baseline situation as well as to the financial execution,
the operational programmes
outputs, results and impact of
implemented.

(b) a harvest or partial harvest has nevertheless taken place; or

The common set of performance indicators are listed in

3.
Annex XIV to this Regulation.

(c)

there has been a negative impact on the environment or any
negative phytosanitary consequences for which the producer
organisation is responsible.

The penalties in paragraphs 1 and 2 shall apply in
to

3.
addition to any reduction in payments made pursuant
Article 119.

specific to that

the
4. Where deemed appropriate by a Member State,
national strategy shall specify a limited set of additional indi-
cators
reflecting national and/or
regional needs, conditions and objectives specific to the opera-
tional programmes implemented by producer organisations.
Where available, additional indicators concerning environmental
objectives which are not covered by common performance
indicators shall be included.

strategy,

Article 124

Preventing an on-the-spot check

Article 127

An application for aid shall be rejected for the part of expen-
diture concerned if the producer organisation, the member or
the relevant representative prevents an on-the-spot check from
being carried out.

Article 125

Recovery of aid

Unduly paid aid shall be recovered, with interest,
from the
producer organisations, associations of producer organisations,
producer groups or other operators concerned. The rules fixed
in Article 73 of Regulation (EC) No 796/2004 (1) shall apply
mutatis mutandis.

Monitoring and evaluation procedures in relation to
operational programmes

1.
Producer organisations shall ensure the monitoring and
evaluation of their operational programmes by making use of
relevant
indicators among the common set of performance
indicators referred to in Article 126 and, where appropriate,
indicators specified in the national strategy.
of the additional

To this end they shall establish a system to collect, record and
maintain information useful for the compilation of those indi-
cators.

Implementation of administrative sanctions and recovery of
unduly paid amounts, as provided for in this section, are
irregularities to the
without prejudice to communication of
Commission
(EC)
No 1848/2006 (2).

to Commission Regulation

pursuant

2. Monitoring shall be aimed at assessing the progress made
towards achieving the specific targets that have been set for the
operational programme. It shall be carried out by means of
the
financial, output and result
exercise are intended to serve:

indicators. The results of

(1) OJ L 141, 30.4.2004, p. 18.
(2) OJ L 355, 15.12.2006, p. 56.

(a)

to verify the quality of programme implementation;

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(b) to identify any need for adjustments or review of the oper-
ational programme aimed at achieving the goals set for the
programme or at
the
programme, including its financial management;

improving the management of

(b) to identify any need for substantive change of the opera-

tional programme;

(c)

to contribute to meeting reporting requirements concerning
the implementation of the operational programme.

Information concerning the results of the monitoring activities
shall be included in each annual report, as referred to in Article
98(1), which the producer organisation is required to transmit
to the National Authority in charge of the management of the
national strategy.

Evaluation shall take the form of a separate mid-term

3.
evaluation report.

The mid-term evaluation exercise, which may be carried out
with the aid of a specialised consultancy office, shall be aimed
at examining the degree of utilisation of financial resources, the
efficiency and the effectiveness of the operational programme,
and assessing the progress made in relation to the overall
objectives of the programme. To this end, use shall be made
of common indicators relating to the baseline situation, results
and, where appropriate, impacts.

Where relevant, the mid-term evaluation exercise shall include a
the
qualitative assessment of
environmental actions aimed at:

the results and the impact of

(a)

the prevention of soil erosion;

(b) a reduction in the use of and/or better management of plant

protection products;

(c)

the protection of habitats and biodiversity; or

(d) landscape conservation.

The results of the exercise shall be used:

(c)

to contribute to meeting reporting requirements concerning
the implementation of the operational programmes; and

(d) to draw lessons useful in improving the quality, efficiency
programmes
future

and
managed by the producer organisation.

effectiveness

operational

of

The mid-term evaluation exercise shall be carried out during the
in time for
implementation of
allowing the results of the evaluation to be considered in the
preparation of the subsequent operational programme.

the operational programme,

The mid-term evaluation report shall be annexed to the corre-
sponding annual report referred to in Article 98(1).

Article 128

Monitoring and evaluation procedures in relation to the
national strategy

1. Monitoring and evaluation of the national strategy shall be
carried out by using relevant indicators among the common set
of performance indicators referred to in Article 126 and, where
appropriate, additional
specified in the national
strategy.

indicators

2. Member States shall establish a system to collect, record
and maintain information in computerised form adequate for
the purpose of compiling the indicators referred to in Article
126. To this end, they shall build on the information trans-
mitted by the producer organisation in relation to the moni-
toring and the evaluation of their operational programmes.

3. Monitoring shall be on going and aimed at assessing the
progress made towards achieving the objectives and the targets
set for the operational programmes. It shall be carried out by
means of financial, output and result indicators. To this end, use
the information provided in the annual
shall be made of
progress
transmitted by the producer organisation
concerning the monitoring of their operational programmes.
The results of the monitoring exercises shall be used:

reports

(a)

to improve the quality of
managed by the producer organisation;

the operational programmes

(a)

to verify the quality of the implementation of the opera-
tional programmes;

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(b) to identify any need for adjustments or review of

the
national strategy aimed at achieving the goals set for the
strategy or at improving the management of the strategy
implementation, including the financial management of the
operational programmes; and

include all

the information needed to
economic areas shall
assess whether the conditions laid down in the first subpara-
graph of Article 14(2) of that Regulation have been complied
with.

(c)

to contribute to meeting reporting requirements concerning
the implementation of the national strategy.

Evaluation shall be aimed at assessing the progress made
4.
towards the overall objectives of the strategy. It shall be carried
out by means of indicators relating to the baseline situation,
results and, where appropriate, impact. To this end, use shall be
made of the results of the monitoring and mid-term evaluation
the operational programmes as indicated in the annual
of
progress reports and final reports transmitted by the producer
organisations. The results of the evaluation exercises shall be
used:

(a)

to improve the quality of the strategy;

(b) to identify any need for substantive change of the strategy;

and

Article 130

Notification of binding rules; representativeness

1. When a Member State notifies rules it has made binding
for a given product and economic area pursuant to Article 15
of Regulation (EC) No 1182/2007, it shall inform at the same
time the Commission of:

(a)

the producer organisation or association of organisations
which requested the extension of the rules;

(b) the number of producers who belong to that organisation
or association and the total number of producers in the
economic area concerned; such information shall be given
in respect of the situation obtaining at the time when the
application for extension is made;

(c)

to contribute to meeting reporting requirements concerning
the implementation of national strategy.

(c)

total production of

economic area and the
the
the
production marketed by the producer organisation or asso-
ciation during the last marketing year for which figures are
available;

The evaluation shall include a evaluation exercise carried out in
2012, but in time to allow its results to be included in a
separate evaluation report to be annexed, in the same year, to
the annual national report referred to in Article 99(3). The
report shall examine the degree of utilisation of
financial
resources, the efficiency and effectiveness of the operational
programmes implemented, and assess the effects and impact
of those programmes, in relation to the objectives, targets and
set by the strategy and, where appropriate, other
goals
in Article 9(1) of Regulation (EC) No
objectives
1182/2007.
in
future national strategies, and in
improving the quality of
particular at identify possible shortcomings in the definition
of objectives,
targets or measures eligible for support, or
needs for defining new instruments.

It shall be aimed at drawing lessons useful

set

(d) the date from which the rules to be extended have applied
to the producer organisation or association concerned; and

(e)

the date from which the extension is to take effect and the
duration of application of the extension.

2.
For the purposes of determining representativeness within
the meaning of Article 14(3) of Regulation (EC) No 1182/2007,
the Member States shall lay down rules excluding:

CHAPTER VI

Extension of rules to producers of an economic area

Article 129

Notification of list of economic areas

(a) producers whose production is intended essentially for
in the
sale to consumers on the holding or

direct
production area;

Notification as provided for in the second subparagraph of
Article 14(2) of Regulation (EC) No 1182/2007 of the list of

(b) direct sales as referred to in point (a);

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(c) produce delivered for processing as referred to in Article
14(4)(b) of Regulation (EC) No 1182/2007 except where
the rules in question apply entirely or partly to such
produce.

Article 131

Financial contributions

Where a Member State decides, pursuant to Article 17 of Regu-
lation (EC) No 1182/2007, that producers who do not belong
to producer organisations are liable for a financial contribution,
it shall forward to the Commission the information needed to
assess compliance with the conditions laid down in that Article.
Such information shall include in particular the basis on which
the contribution is calculated and the unit amount thereof, the
beneficiary or beneficiaries and the nature of the various costs
referred to in points (a) and (b) of Article 21.

Article 132

Extensions beyond one marketing year

Where it is decided to apply an extension for a period exceeding
one marketing year, the Member States shall verify in respect of
each marketing year that the conditions with regard to repre-

sentativeness laid down in Article 14(3) of Regulation (EC) No
1182/2007 continue to be complied with throughout
the
period of application of the extension.
If they find that the
conditions are no longer complied with, they shall immediately
the
repeal
following marketing year. They shall
immediately inform the
Commission of any repeal, which shall make such information
publicly available by means it considers appropriate.

the extension with effect

from the beginning of

Article 133

Produce sold on the tree; buyers

In cases where producers not belonging to a producer
1.
organisation sell their produce on the tree, the buyer shall,
for the purposes of compliance with the rules referred to in
points 1(e), 1(f) and 3 of Annex I
to Regulation (EC) No
1182/2007, be considered as having produced that produce.

Annex

The Member State concerned may decide that rules listed
2.
in
(EC)
to
No 1182/2007 other than those referred to in paragraph 1
may be made binding on buyers where they are responsible
for the management of the production concerned.

Regulation

I

TITLE IV

TRADE WITH THIRD COUNTRIES

CHAPTER I

Import licences

Article 134

Import licences for apples

The release into free circulation of apples falling within
1.
CN code 0808 10 80 shall be subject to the presentation of an
import licence.

Regulation (EC) No 1291/2000 shall apply to import

2.
licences issued pursuant to this Article.

Importers may submit import licence applications to the

3.
competent authorities of any Member State.

They shall enter the country of origin in box 8 of
applications and mark the word ‘yes’ with a cross.

licence

4.
Importers shall lodge with their application a security in
accordance with Title III of Regulation (EEC) No 2220/85 guar-
anteeing compliance with the commitment to import during the
term of validity of the import licence. The security shall be
EUR 15 per tonne.

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 import
licence.

Import

5.
applicant,
Community.

licences shall be issued without delay to any
irrespective of their place of establishment in the

The country of origin shall be entered in box 8 of the import
licence and the word ‘yes’ shall be marked with a cross.

6.

Import licences shall be valid for three months.

Import licences shall be valid only for imports originating in the
country indicated.

7. Member States shall report to the Commission, no later
than 12 noon (Brussels time) on Wednesday each week, the
quantities of apples for which import
licences have been
issued during the previous week, broken down by third
country of origin.

These quantities shall be reported via the electronic system
indicated by the Commission.

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CHAPTER II

(a)

for each of the products listed in Part A of Annex XV;

Import duties and entry price system

S e c t i o n 1

E n t r y p r i c e s y s t e m

Article 135

Scope and definitions

(b) for all of the available varieties and sizes; and

This Section lays down the rules for the application of

1.
Article 34 of Regulation (EC) No 1182/2007.

(c) at the importer/wholesaler stage or the wholesaler/retailer
stage where no prices at the importer/wholesaler stage are
available.

2.

For the purposes of this Section:

They shall be reduced by the following amounts:

(a)

‘lot’ means the goods presented under a declaration of
release for free circulation, covering only goods of
the
same origin falling within one single combined nomen-
clature code; and

(a) a marketing margin of 15 % for the marketing centres of
London, Milan and Rungis and of 8 % for other marketing
centres; and

(b) ‘importer’ means the declarant within the meaning of Arti-

cle 4(18) of Regulation (EEC) No 2913/92 (1).

(b) costs of

transport and insurance within the customs

territory of the Community.

Article 136

Reporting of prices

1.
For each product and for the periods set out in Part A of
Annex XV, for each market day and each origin, the Member
States shall communicate to the Commission, by 12 noon
(Brussels time) the following working day at the latest:

For the costs of freight and insurance to be deducted pursuant
to the second subparagraph,
the Member States may fix
standard amounts for deduction. Such standard amounts and
the methods for calculating them shall be reported to the
Commission without delay.

(a)

the average representative prices of the products imported
from third countries sold on the representative import
markets
referred to in Article 137(1), and significant
prices recorded on other markets for large quantities of
imported products, or, where no prices for the represen-
tative markets are available, significant prices for imported
products recorded on other markets; and

(b) the total quantities relating to the prices referred to in point

(a).

Where the total quantities referred to in point (b) are less than
one tonne, the corresponding prices shall not be communicated
to the Commission.

3.
The prices recorded in accordance with paragraph 2 shall,
where they are established at the wholesaler/retailer stage, first
be reduced by an amount equal to 9 % to take account of the
wholesaler's trade margin, and then by an amount equal to
EUR 0,7245 per 100 kilograms to take account of the costs
of handling and market taxes and charges.

4.

The following shall be deemed to be representative:

(a)

the prices of Class I products, provided that the quantities in
that class account for at least 50 % of the total quantities
marketed;

2.

The prices referred to in paragraph 1(a) shall be recorded:

(1) OJ L 302, 19.10.1992, p. 1.

(b) the prices of Class I products plus, where products in that
class account for less than 50 % of the total quantities, the
prices as established of Class II products for quantities
enabling 50 % of
the total quantities marketed to be
covered;

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(c)

the prices as established for Class II products, where Class I
products are not available, unless it is decided to apply an
adjustment coefficient
the
production conditions
the origin in
question, those products are not normally and traditionally
marketed in Class I as a result of their quality characteristics.

to them if, as a result of
for products of

By way of derogation from paragraph 1, where it has not
5.
been possible to calculate a standard import value, no standard
import value shall be applicable from the first day of
the
periods of application set out in Part A of Annex XV.

The adjustment coefficient referred to in point (c) of the first
subparagraph shall be applied to prices after deduction of the
amounts referred to in paragraph 2.

6.
The representative prices in euro shall be converted using
the representative market rate calculated for the day in question.

Article 137

Representative markets

7.
The standard import values expressed in euro shall be
made publicly available by the Commission by the methods it
considers appropriate.

Member States shall inform the Commission of the customary
market days for the markets listed in Annex XVI which shall be
deemed to be representative markets.

Article 138

Standard import values

For each product and for the periods set out in Part A of
1.
Annex XV, the Commission shall fix, each working day and for
each origin, a standard import value equal to the weighted
average of the representative prices referred to in Article 136,
less a standard amount of EUR 5/100 kg and the ad valorem
customs duties.

2. Where a standard import value is established for the
products and for the periods of application listed in Part A of
Annex XV, in accordance with this Section, the unit price as
referred to in Article 152(1)(a) of Commission Regulation (EEC)
No 2454/93 (1) shall not apply.
It shall be replaced by the
standard import value referred to in paragraph 1.

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

4.
During the periods of application set out in Part A of
Annex XV, the standard import values shall remain applicable
until they are changed. They shall cease to apply, however,
where no average representative price has been communicated
to the Commission for seven consecutive market days.

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

Article 139

Entry price basis

1.
The entry price on the basis of which the products listed
in Part A of Annex XV are classified in the Customs Tariff of
the European Communities shall be equal, as the importer
chooses:

(a)

the fob price of the products in their country of origin plus
the costs of insurance and freight up to the borders of the
Community customs territory, where that price and those
costs are known at the time the declaration of release of the
products for free circulation is made. Where the aforemen-
tioned prices are higher by more than 8 % than the standard
value applicable to the product in question at the time the
release for
declaration of
the
importer must
lodge the security referred to in Article
248(1) of Regulation (EEC) No 2454/93. For this purpose,
the amount of import duty for which the products may
finally be liable shall be the amount of duty which he
would have paid if the product in question had been clas-
sified on the basis of the standard value concerned; or

free circulation is made,

(b) the customs value calculated in accordance with Article
30(2)(c) of Regulation (EEC) No 2913/92 applied only to
the imported products in question. In that case, the duty
shall be deducted as provided for in Article 138(1). In that
case the importer shall
lodge the security referred to in
Article 248(1) of Regulation (EEC) No 2454/93, equal to
the amount of duty which he would have paid if the classi-
fication of the products had been made on the basis of the
standard import value applicable to the lot in question; or

(1) OJ L 253, 11.10.1993, p. 1.

(c)

the standard import value calculated in accordance with
Article 138 of this Regulation.

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The entry price on the basis of which the products listed
2.
in part B of Annex XV are classified in the customs tariff of the
European Communities must be equal
to, as the importer
chooses:

The time limit of four months referred to in paragraph 4
5.
may be extended by the competent authorities by a maximum
of three months at the request of the importer, which must be
duly justified.

(a)

the fob price of the products in their country of origin plus
the costs of insurance and freight up to the borders of the
Community customs territory, where that price and those
costs are known at the time the customs declaration is
made.
If the customs authorities deem that a security is
required pursuant to Article 248 of Regulation (EEC) No
2454/93, the importer must lodge a security equal to the
maximum amount of duty applicable to the product in
question; or

6.
If on verification the competent authorities establish that
the requirements of this Article have not been met, they shall
recover the duty due in accordance with Article 220 of Regu-
the duty to be
lation (EEC) No 2913/92. The amount of
recovered or remaining to be recovered shall
include interest
from the date the goods were released for free circulation up to
the date of recovery. The interest rate applied shall be that in
force for recovery operations under national law.

(b) the customs value calculated in accordance with Article
30(2)(c) of Regulation (EEC) No 2913/92 applied only to
the imported products in question. In that case, the duty
shall be deducted as provided for in Article 138(1). In that
case the importer must lodge the security referred to in
Article 248 of Regulation (EEC) No 2454/93, equal to the
maximum amount of duty applicable to the product in
question.

3. Where the entry price is calculated on the basis of the fob
price of the products in the country of origin, the customs value
shall be calculated on the basis of the relevant sale at that price.

When the entry price is calculated in accordance with one of
the procedures provided for
(c) or
paragraph 2(b), the customs value shall be calculated on the
same basis as the entry price.

in paragraph 1(b) or

S e c t i o n 2

A d d i t i o n a l

i m p o r t d u t i e s

Article 140

Scope and definitions

1.
Additional import duty as referred to in Article 35(1) of
Regulation (EC) No 1182/2007, hereinafter ‘additional duty’,
may be applied to the products and during the periods listed
in Annex XVII on the conditions set out in this Section.

Trigger levels for the additional duties are listed in An-

2.
nex XVII.

Article 141

Reporting of volumes

to prove that

the lot was disposed of under

4.
The importer shall have one month from the sale of the
products in question, subject to a limit of four months from the
date of acceptance of the declaration of release for free circu-
lation,
the
conditions confirming the correctness of the prices referred to
in the second subparagraph of paragraph 1(a) or paragraph 2(a),
or to determine the customs value referred to in paragraph 1(b)
and paragraph 2(a). Failure to meet one of these deadlines shall
entail the loss of the security lodged, without prejudice to the
application of paragraph 5.

The security lodged shall be released to the extent that proof of
the conditions of disposal is provided to the satisfaction of the
customs authorities.

Otherwise the security shall be forfeit by way of payment of the
import duties.

indicated Member

For each of the products listed in Annex XVII and during
1.
the periods
the
Commission of details of the volumes put into free circulation
using the method for the surveillance of preferential imports set
out in Article 308d of Regulation (EEC) No 2454/93.

shall notify

States

Such notification shall
than 12 noon
Brussels time each Wednesday for the volumes put into free
circulation during the preceding week.

take place no later

the declarant's

2.
Declarations for release for free circulation of products
covered by this Section which the customs authorities may
accept at
their containing
certain particulars referred to in Annex 37 of Regulation
(EEC) No 2454/93 shall contain, in addition to the particulars
referred to in Article 254 of that Regulation, an indication of
the net mass (kg) of the products concerned.

request without

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Where the simplified declaration procedure referred to in Article
260 of Regulation (EEC) No 2454/93 is used to put into free
circulation products covered by this Section,
the simplified
declarations shall contain,
in addition to other requirements,
an indication of the net mass (kg) of the products concerned.

Article 144

Exemptions from additional duty

1.

The following are exempt from additional duty:

Where the local clearance procedure referred to in Article 263
of Regulation (EEC) No 2454/93 is used to put into free circu-
lation products covered by this Section, the notification to the
customs authorities referred to in Article 266(1) of that Regu-
lation shall contain all necessary data for the identification of
the goods, as well as an indication of the net mass (kg) of the
products concerned.

Article 266(2b) shall not apply to imports of the products
covered by this Section.

Article 142

Levying of additional duty

1.
If it is found that, for one of the products and one of the
periods listed in Annex XVII, the quantity put into free circu-
lation exceeds
the
Commission shall
levy an additional duty unless the imports
are unlikely to disturb the Community market, or the effects
would be disproportionate to the intended objective.

corresponding

triggering

volume

the

The additional duty shall be levied on quantities put into
that duty,

2.
free circulation after the date of application of
provided that:

(a)

tariff classification determined in accordance with
specific

their
Article 139 entails application of
duties applicable to imports of the origin in question;

the highest

(b) importation is effected during the period of application of

the additional duty.

(a) goods imported against the tariff quotas listed in Anne VII

to the combined nomenclature;

(b) goods en route to the Community as defined in paragraph 2.

2.
Goods
Community if they:

shall be

considered to be

en route

to the

(a)

left the country of origin before the decision to impose
additional duty; and

(b) are being transported under cover of a transport document
valid from the place of loading in the country of origin to
the place of unloading in the Community, drawn up before
imposition of additional duty.

3.
Interested parties shall provide evidence to the satisfaction
of the customs authorities that the requirements of paragraph 2
are met.

these authorities may deem that goods left

However,
their
country of origin before the date of imposition of additional
duty if one of the following documents is provided:

(a)

for sea transport, the bill of lading showing that loading
took place before that date;

(b) for rail transport, the waybill accepted by the rail authorities

of the country of origin before that date;

Article 143

Amount of additional duty

(c)

The additional duty imposed under Article 142 shall be one
third of the customs duty applicable to the given product in
accordance with the Common Customs Tariff.

the road carriage contract

(CMR) or
for road transport,
in the country of
another transit document made out
origin before that date,
the conditions laid down in
bilateral or multilateral arrangements concluded in the
context of Community transit or common transit are
observed;

if

However, for imports benefiting from a tariff preference as to
ad valorem duty the additional duty shall be one third of the
specific duty on the product in so far as Article 142(2) applies.

(d) for air transport, the air way bill showing that the airline

accepted the goods before that date.

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GENERAL, REPEALING, TRANSITIONAL AND FINAL PROVISIONS

TITLE V

Article 145

Checks

Article 148

Communications

Without prejudice to specific provisions of this Regulation or
other Community legislation, Member States shall
introduce
checks and measures in so far as they are necessary to ensure
the proper application of Regulation (EC) No 1182/2007 and
this Regulation. They shall be effective, proportionate and
dissuasive so that
they provide adequate protection for the
Communities’ financial interests.

1. Without prejudice to any specific provisions of this Regu-
lation, all communications to be made by Member States to the
Commission under this Regulation shall be made by the means
and in the format specified by the Commission.

In particular, they shall ensure that:

Communications not made by the specified means and in the
specified format may be considered as not made at all, without
prejudice to paragraph 3.

(a) all eligibility criteria established by Community or national
the national

framework or

the national

legislation or
strategy can be checked;

2. Without prejudice to any specific provisions of this Regu-
take all measures necessary to
lation. Member States shall
ensure that they are able to meet the deadlines for communi-
cations set out in this Regulation.

(b) the competent authorities

responsible for carrying out
checks have a sufficient number of suitably qualified and
experienced staff to carry out the checks effectively; and

(c) provision is made for checks to avoid irregular duplicated
financing of measures under this Regulation and other
Community or national schemes.

If a Member State fails to make a communication as
3.
required under
this Regulation or Regulation (EC) No
1182/2007 or if the communication appears incorrect in the
the
light of objective facts in the Commission's possession,
Commission may suspend part or
the monthly
payments referred to in Article 14 of Council Regulation (EC)
No 1290/2005 (1) as regards the fruit and vegetables sector
until the communication is correctly made.

all of

Article 146

National sanctions

Without prejudice to any sanctions set out in this Regulation or
Regulation (EC) No 1182/2007, Member States shall provide for
the application of sanctions at national
in relation to
irregularities committed in respect of requirements set out in
this Regulation and Regulation (EC) No 1182/2007 which are
they provide
effective, proportionate and dissuasive so that
adequate protection for the Communities’ financial interests.

level

Article 149

Obvious errors

Any communication, claim or request made to a Member State
this Regulation or Regulation (EC) No 1182/2007,
under
including an aid application, may be adjusted at any time
after its submission in cases of obvious errors recognised by
the competent authority.

Article 147

Artificially created situations

Without prejudice to any specific measures set out in this Regu-
lation or Regulation (EC) No 1182/2007, no payment shall be
made in favour of beneficiaries for whom it is established that
they artificially created the conditions required for obtaining
such payments with a view to obtaining an advantage
contrary to the objectives of the support scheme concerned.

Article 150

Force majeure and exceptional circumstances

Where, under
this Regulation or Regulation (EC) No
1182/2007, a sanction is to be imposed or a benefit or recog-
nition is to be withdrawn, the sanction shall not be imposed or
the withdrawal made in cases of force majeure or exceptional
circumstances within the meaning of Article 40(4) of Regulation
(EC) No 1782/2003.

(1) OJ L 209, 11.8.2005, p. 1.

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However, the case of force majeure shall be notified, with relevant
evidence to the satisfaction of the competent authority, to the
authority within 10 working days of the date on which the
person concerned is in a position to do so.

Operational programmes to which benefit from point (a) of
Article 55(3) of Regulation (EC) No 1182/2007 may continue
to run until their end provided they comply with the rules
applicable prior to the date of application of this Regulation.

Article 151

Repeals

(EC) No 3223/94,

(EC) No 1555/96,

Regulations
(EC)
No 961/1999, (EC) No 544/2001, (EC) No 1148/2001, (EC)
No 2590/2001, (EC) No 1791/2002, (EC) No 2103/2002, (EC)
No 48/2003,
(EC)
(EC) No 1943/2003,
No 1432/2003,
(EC) No 103/2004, (EC) No 1557/2004, (EC) No 179/2006,
(EC) No
(EC)
(EC) No
430/2006,
No 1790/2006 are hereby repealed.

(EC) No 1433/2003,

(EC) No 606/2003,

(EC) No 761/2003,

431/2006,

and

However,
the repealed Regulations shall continue to apply,
where appropriate, for the purposes of Article 55(1) of Regu-
lation (EC) No 1182/2007.

Article 152

Transitional provisions

1.
Notwithstanding Article 2 of this Regulation, solely for the
purposes of the application of Article 55(1) of Regulation (EC)
No 1182/2007,
the definitions of marketing years for the
products listed in Article 1(2) of Regulation (EC) No 2201/96,
existing before the entry into force of this Regulation shall
apply.

By way of derogation from Articles 66 and 67 of this Regu-
lation, Member States may adopt any necessary provisions to
to amend their operational
permit producer organisations
programmes as soon as possible after the entry into force of
this Regulation in order to apply points (b) and (c) of Article
55(3) of Regulation (EC) No 1182/2007.

for

finished products which shall

3.
For the purposes of Article 55(6) of Regulation (EC) No
1182/2007, the rules on the minimum characteristics of the
raw material supplied for processing and minimum quality
remain
requirements
applicable in respect of
the raw materials harvested in the
territory of Member States which make use of the transitional
arrangement under Article 68b or Article 143bc of Regulation
in addition to any relevant
(EC) No 1782/2003 shall be,
marketing standards as referred to in Article 2 of Regulation
(EC) No 1182/2007, those contained in the Commission Regu-
lations listed in Annex XVIII.

Article 153

Entry into force

This Regulation shall enter into force on the third day following
that of
the European
Union.

its publication in the Official

Journal of

The rules for the approval of all operational programmes
2.
submitted in 2007 shall be those applicable immediately prior
to the date of application of this Regulation.

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, 21 December 2007

For the Commission

Mariann FISCHER BOEL
Member of the Commission

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ANNEX I

QUALITY CONDITIONS TO BE SATISFIED BY EACH PRODUCT FOR WHICH THERE IS NO COMMUNITY
MARKETING STANDARD AS REGARDS SALES PACKAGES OF FRESH FRUIT AND VEGETABLES AS
REFERRED TO IN ARTICLE 6

Minimum quality requirements

In all classes, and bearing in mind the permitted tolerances (see below), the products must be:
— intact,
— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— practically free from damage caused by pests,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.

‘Extra’ class

Products in this class must be of superior quality. They must be characteristic of the variety and/or commercial type.

They must be free from defects, with the exception of very slight superficial defects, provided these do not affect the
general appearance of the product, its quality, keeping quality and presentation in the package.

Class I

Products in this class must be of good quality. They must be characteristic of the variety and/or commercial type.

Slight defects may be allowed, however, provided that they do not affect the general appearance of the product, its
quality, keeping quality and presentation in the package.

Class II

This class includes products which do not qualify for inclusion in the higher classes but satisfy the minimum
requirements required above.

They may present defects, provided they retain their essential characteristics as regards quality, keeping quality and
presentation.

Quality tolerances

Quality tolerances shall be allowed in each package for products not satisfying the requirements of the class indicated.
— ‘Extra’ class

5 % by number or weight of products not satisfying the requirements of the class, but meeting those of Class I or,
exceptionally, coming within the tolerances of that class.

— Class I

10 % by number or weight of products not satisfying the requirements of the class, but meeting those of Class II or,
exceptionally, coming within the tolerances of that class.

— Class II

10 % by number or weight of products not satisfying the requirements of the class, nor the minimum requirements,
with the exception of products affected by rotting or any other deterioration rendering them unfit for consumption.

Uniformity

All the products in the package must be of the same origin, variety or commercial class and quality.

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ANNEX II

SPECIMEN MENTIONED IN ARTICLE 10(3)

Community marketing standard

No

(Member State)

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CERTIFICATE OF CONFORMITY WITH THE COMMUNITY MARKETING STANDARDS FOR FRESH FRUIT
AND VEGETABLES MENTIONED IN ARTICLES 11 AND 12

ANNEX III

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ANNEX IV

COUNTRIES WHOSE CHECKS ON CONFORMITY HAVE BEEN APPROVED UNDER ARTICLE 13

PART A: LIST OF COUNTRIES AND PRODUCTS CONCERNED

Country

Products

Fresh fruit and vegetables other than citrus fruit

Fresh fruit and vegetables

Fresh fruit and vegetables

Fresh fruit and vegetables

Fresh fruit and vegetables

Switzerland

Morocco

South Africa

Israel

India

New Zealand

Apples, pears and kiwi fruit

Senegal

Kenya

Turkey

Fresh fruit and vegetables

Fresh fruit and vegetables

Fresh fruit and vegetables

PART B: DETAILS OF OFFICIAL AUTHORITIES AND INSPECTION BODIES

Country

Official Authority

Inspection bodies

Switzerland

Morocco

South Africa

Israel

India

Office fédéral de l'agriculture
Département fédéral de l'économie
Mattenhofstrasse 5, CH-3003 Berne
Tel. (41-31) 324 84 21
Fax (41-31) 323 05 55

Qualiservice Sàrl
Kapellenstrasse 5 Case postale 7960
CH-3001 Berne
Tel. (41-31) 385 36 90
Fax (41-31) 385 36 99

Minister for Agriculture, Rural Development,
Water and Forests
Quartier Administratif Place Abdallah
Chefchouani BP 607 Rabat Morocco
Tel. (212-37) 76 36 57/76 05 29
Fax (212-37) 76 33 78
E-mail: webmaster@madprm.gov.ma

National Department of Agriculture DPHQ
Private Bag X258
Pretoria 0001 South Africa
Tel.: (27-12) 3196502
Fax: (27-12) 3265606
Email: smph@nda.agric.za

Ministry of Agriculture and Rural
Development PPIS (Plant Protection and
Inspection Service)
PO Box 78 Bet-Dagan 50250 Israel
Tel. (972-3) 968 15 00
Fax (972-3) 368 15 07

Établissement Autonome de Contrôle et de
Coordination des Exportations (EACCE)
Angle Boulevard Mohamed Smiha et Rue
Moulay Mohamed El Baâmrani
Casablanca Morocco
Tel. (212-22) 30 51 04/30 51 73/30 50 91/
30 51 95
Fax (212-22) 30 51 68
E-mail: eacce@eacce.org.ma

PPECB (Perishable Products Export Control
Board)
PO Box 15289 7500 Panorama, Parow
South Africa
Tel.: (27-21) 9301134
Fax: (27-21) 9306046
Email: ho@ppecb.com

Ministry of Agriculture and Rural
Development PPIS (Plant Protection and
Inspection Service)
Fresh produce quality control service
PO Box 78 Bet-Dagan 50250 Israel
Tel. (972-3) 968 15 20
Fax (972-3) 368 15 07

Agricultural Marketing Adviser Ministry of
Agriculture,
Govt. of India NH-IV, Faridabad India
Tel. (91-129) 241 65 68, 241 57 10;
(91-11) 23 01 34 45
Fax (91-129) 241 65 68;
(91-11) 23 01 34 45
E-mail: pkagarwall123@hotmail.com

Directorate of Marketing and Inspection
(DMI)
Department of Agriculture and Cooperation
Ministry of Agriculture, Govt. of India NH-IV,
Faridabad India
Tel. (91-129) 241 65 68, 241 57 10
Fax (91-129) 241 65 68
E-mail: dmifbd@agmark.nic.in

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Country

Official Authority

Inspection bodies

New Zealand

Senegal

Kenya

Turkey

Ministry of Agriculture and Forestry
New Zealand Food Safety Authority
68-86 Jervois Quay, PO Box 2835
Wellington
New Zealand
Tel. (64-4) 463 2500
Fax (64-4) 463 2675
E-mail: nzfsa.info@nzfsa.govt.nz

Ministère de l’Agriculture et de l’Hydraulique
Direction de la protection des végétaux
bp 20054 Thiaroye Dakar, Senegal
Tel. (221) 834 03 97
Fax (221) 834 28 54/834 42 90
Email: almhanne@hotmail.com

New Zealand Food Safety Authority
68-86 Jervois Quay, PO Box 2835
Wellington
New Zealand
Tel. (64-4) 463 2500
Fax (64-4) 463 2675
E-mail: nzfsa.info@nzfsa.govt.nz

Ministère de l’Agriculture et de l’Hydraulique
Direction de la protection des végétaux
Bureau qualité de la Division Législation et
Contrôle phytosanitaire
Tel. (221) 834 03 97
Fax (221) 834 28 54
Email:

dpv1@sentoo.sn
almhanne@yahoo.fr

Kenya Plant Health Inspectorate Service
Kephis Managing Director
PO Box 49592-00100
Nairobi
Tel: (254-20) 88 25 84
Fax: (254-20) 88 22 65
e-mail: kephis@nbnet.co.ke

Kenya Plant Health Inspectorate Service,
Kephis
PO Box 49592-00100
Nairobi
Tel: (254-20) 88 45 45/88 23 08/88 29 33
Fax: (254-20) 88 22 45
e-mail: kephis@nbnet.co.ke

General Directorate of Standardisation for
Foreign Trade
General Director: Mr. Yavuz MOLLASA-
LİHOĞLU
Head of
the Department
Mrs. Çiğdem KILIÇKAYA
Address: İnönü Bulv. No: 36 Oda No: 2118
06510 Emek/Ankara
Tel. (90-312) 212 58 99
Fax (90-312) 212 68 64,
(90-312) 205 09 18
E-mail: kilickayac@dtm.gov.tr

for Agriculture:

Regional Directorate of Western Anatolia
Regional Director: Mr. Muzaffer ERTÜRK
Address: Gazi Bulv. No: 126 Kat: 1 35230
Basmane/İzmir
Tel. (90-232) 483 40 26
Fax (90-232) 48 37 72
E-mail: izmirbolge@dtm.gov.tr

Regional Directorate of Southern Anatolia
Regional Director: Mr. Șükrü ÇALIȘKAN
Address: Çakmak Cad. Buğdaycı Apt. No: 27
Kat: 6/32 Mersin
Tel. (90-324) 237 97 18
Fax (90-324) 237 19 59
E-mail: mersinbolge@dtm.gov.tr

Regional Directorate of Southeastern Anatolia
Regional Director: Mr. M. Zihni DOĞAN
Address: Yeni Valilik Binası Kat: 5 No: 555
27330 Gaziantep
Tel. (90-342) 230 78 52
Fax (90-342) 221 21 44
E-mail: gaziantepbolge@dtm.gov.tr

Regional Directorate of Marmara
Regional Director: Mr. Çağatay ÖZTÜRK
Address: Dıș Ticaret Kompleksi D Blok K-1-2
Çobançeșme Mevkii Sanayi Cad
Yenibosna — Bahçelievler/İstanbul
Tel. (90-212) 454 08 20
Fax (90-212) 454 08 22
E-mail: istanbulbolge@dtm.gov.tr

Regional Directorate of Eastern Black Sea
Regional Director: Mr. Ö. Naci GENÇTÜRK
Address: Hükümet Konağı Üst Zemin Kat
61040 Trabzon
Tel. (90-462) 230 19 82
Fax (90-462) 229 73 09
E-mail: izmirbolge@dtm.gov.tr

Regional Directorate of Central Anatolia
Regional Director: Mr. Caner SOLMAZ
Address: Mithatpașa Cad. No: 18/4
Kızılay/Ankara
Tel. (90-312) 430 61 08
Fax (90-312) 430 61 09
E-mail: ankarabolge@dtm.gov.tr

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PART C: MODELS FOR CERTIFICATES

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CERTIFICATE OF INDUSTRIAL USE REFERED TO IN ARTICLE 19(2) FOR FRESH FRUIT AND VEGETABLES
SUBJECT TO COMMUNITY MARKETING STANDARDS

ANNEX V

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ANNEX VI

METHODS OF INSPECTION MENTIONED IN ARTICLE 20(1)

Remark: the following methods of inspection are based on the provisions of the guide for the implementation of quality
control of fresh fruit and vegetables adopted by the UN/ECE (United Nations Economic Commission for Europe) Working
Party for standardisation of perishable goods and improvement of quality.

1. DEFINITIONS

(a) Conformity check

Inspection carried out by an inspector in accordance with this Regulation to check that fruit and vegetables conform
to the marketing standards laid down pursuant to Article 2 of Regulation (EC) No 1182/2007.

This inspection includes:

— where appropriate, an identity and documentary inspection: an inspection of the documents or certificates
accompanying the lot and/or the registers referred to in the third indent of the second subparagraph of Article
10(3) and in Article 11(2)(d) of this Regulation, and an inspection of the goods and the particulars in these
documents, to check that they match,

— a physical inspection, by means of sampling, of the goods in the lot to ensure that it satisfies all the conditions
laid down by the marketing standard, including the provisions on the presentation and marking of packages and
packaging.

(b) Inspector

Person authorised by the competent inspection body who has an appropriate and regular training enabling them to
undertake conformity inspection.

(c) Consignment

Quantity of produce to be sold by a given trader found at the time of control and defined by a document. The
consignment may consist of one or several types of produce: it may contain one or several lots of fresh fruit and
vegetables.

(d) Lot

Quantity of produce which, at the time of control at one place, has similar characteristics with regard to:

— packer and/or dispatcher,

— country of origin,

— nature of produce,

— class of produce,

— size (if the produce is graded according to size),

— variety or commercial type (according to the relevant provisions of the standard),

— type of packaging and presentation.

However, if during the inspection of consignments, it is not possible to distinguish between different lots and/or
presentation of individual lots is not possible, all lots of a specific consignment may be treated as one lot if they are
similar in regard to type of produce, dispatcher, country of origin, class and variety or commercial type, if this is
provided for in the standard.

(e) Sampling

Collective sample taken temporarily from a lot during conformity check inspection.

(f) Primary sample

Package taken from the lot, or in the case of bulk produce, a quantity taken from a point in the lot.

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(g) Bulk sample

Several representative primary samples taken from the lot whose quantity is sufficient to allow the assessment of the
lot with regard to all criteria.

(h) Secondary sample

In the case of nuts, a secondary sample shall be a representative quantity of product taken from each primary sample
in the bulk sample, weighing between 300 g and 1 kg. If the primary sample is made up of packaged foods, the
secondary sample shall be one package.

(i) Composite sample

In the case of nuts a composite sample shall be a mix, weighing at least 3 kg, of all the secondary samples in a bulk
sample. Nuts in the composite sample must be evenly mixed.

(j) Reduced samples

Representative quantity of produce taken from the bulk sample whose size is sufficient to allow the assessment of
certain individual criteria.

In the case of nuts, the reduced sample shall include at least 100 nuts taken from the composite sample. Several
reduced samples may be taken from a bulk sample.

(k) Packages

Individually packaged part of a lot, including contents. The packaging is conceived so as to facilitate handling and
in order to prevent damage by physical
transport of a number of sales units or of products loose or arranged,
handling and transport. Road, rail, ship and air containers are not considered as packages. In some cases, the package
constitutes a sales package.

(l) Sales packages

Individually packaged part of a lot,
including contents. The packaging of sales packages is conceived so as to
constitute a sales unit to the final user or consumer at the point of purchase. Among sales packages, pre-packages
are such as the packaging encloses the foodstuff completely or only partially, but in such a way that the contents
cannot be altered without opening or changing the packaging.

2.

IMPLEMENTATION OF CONFORMITY CHECK

(a) General remark

A physical check shall be made by assessing bulk samples taken at random from different points in the lot to be
controlled. It is based on the principle of presumption that the lot conforms to the bulk sample.

(b) Identification of lots and/or getting a general impression of the consignment

The identification of lots shall be carried out on the basis of their marking or other criteria, such as the indications
laid down under Council Directive 89/396/EEC (1). In the case of consignments which are made up of several lots it is
necessary for the inspector to get a general impression of the consignment with the aid of accompanying documents
or declarations concerning the consignments. He then determines how far the lots presented comply with the
information in these documents.

If the produce is to be or has been loaded onto a means of transport, the registration number of the latter shall be
used for identification of the consignment.

(c) Presentation of produce

The inspector decides which packages are to be controlled. The presentation shall be made by the operator or his
representative. The procedure should include the presentation of the bulk sample.

If reduced or secondary samples are required, these are identified by the inspector himself from the bulk sample.

(1) OJ L 186, 30.6.1989, p. 21.

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(d) Physical check

— Assessment of packaging and presentation on the basis of primary samples:

including the material used within the package, shall be tested for suitability and cleanness
The packaging,
according to the provisions of the marketing standards. If only certain types of packaging are permitted, the
inspector checks whether these are being used.

— Verification of marking on the basis of primary samples: first, it is ascertained whether the produce is marked
according to the marketing standards. During control a check is made on the accuracy of marking and/or the
extent of amendment required.

Fruit and vegetables individually wrapped in plastic are not considered as pre-packed foodstuff in the meaning of
European Parliament and Council Directive 2000/13/EC and do not necessarily need to be marked in accordance
with the marketing standards. In such cases, the plastic wrapping can be considered a simple protection for fragile
products.

— Verification of conformity of the produce using bulk sampling or composite and/or reduced sampling: The
inspector shall determine the size of the bulk sample in such way as to be able to assess the lots. He shall at
random select the packages to be inspected or in the case of bulk produce the points of the lot from which
individual samples shall be taken.

Damaged packages shall not be used as part of the bulk sample. They should be set-aside and may, if necessary, be
subject to a separate examination and report. The bulk sample should comprise the following quantities whenever
a consignment is declared unsatisfactory:

Packed produce

Number of packages in the lot

Number of packages to be taken (primary samples)

Up to 100

From 101 to 300

From 301 to 500

From 501 to 1 000

More than 1 000

Bulk produce

5

7

9

10

15 (minimum)

Quantity of lot in kg or number of bundles in the lot

Quantity of primary samples in kg or number of bundles

Up to 200

From 201 to 500

From 501 to 1 000

From 1 001 to 5 000

More than 5 000

10

20

30

60

100 (minimum)

In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples should be made up of at least five
units. In the case of lots comprising fewer than 5 packages or weighing less than 10 kg, the check shall cover the
entire lot.

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If the inspector discovers, after an inspection, that a decision cannot be reached, he may carry out another inspection
and express the overall result as an average of the two checks.

Certain criteria on the degree of development and/or ripeness or on the presence or absence of internal defects may
be checked on the basis of reduced samples; this applies in particular to control which destroys the trade value of the
produce. The size of the reduced sample shall be restricted to the minimum quantity absolutely necessary for the
assessment of the lot. If, however, defects are ascertained or suspected the size of the reduced sample shall not exceed
10 per cent of the size of the bulk sample initially taken for the inspection.

(e) Control of produce

The produce has to be removed entirely from its packaging for the control; the inspector may only dispense with this
in the case of nuts or if the type of packaging and form of presentation allow an inspection without unpacking the
produce. The inspection of uniformity, minimum requirements, quality classes and size shall be carried out on the
basis of the bulk sample, or on the basis of the composite sample in the case of nuts. When defects are detected, the
inspector shall ascertain the respective percentage of the produce not in conformity with the standard by number or
weight.

The criteria on the degree of development and/or ripeness can be checked using the instruments and methods laid
down to this end in the marketing standards or in accordance with accepted practice.

(f) Report of control results

Documents mentioned in Article 20 are issued where appropriate.

If defects are found, the trader or his representative must be informed in writing about the reasons fur complaint. If
the compliance of produce with the standard is possible by a change in marking, the trader or his representative must
be informed about it.

If defects are found in a product, the percentage found not to be in conformity with the standard must be indicated.

(g) Decline in value by conformity check

After the control, the bulk sample is put at the disposal of the operator or his representative.

The inspection body is not bound to hand back the elements of the bulk sample destroyed during the control.

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ANNEX VII

STRUCTURE AND CONTENT OF A NATIONAL STRATEGY FOR SUSTAINABLE OPERATIONAL
PROGRAMMES REFERRED TO IN ARTICLE 57(1)

1.

Duration of the national strategy

To be indicated by the Member State.

2.

Analysis of the situation in terms of strengths and weaknesses and potential for development, the strategy
chosen to meet them and the justification of the priorities chosen.

(Article 12(2)(a) and (b) of Regulation (EC) No 1182/2007)

2.1.

Analysis of the situation

Describe the current situation of the fruit and vegetable sector using quantified data, highlighting strengths and
weaknesses, disparities, needs and gaps and potential for development on the basis of the relevant baseline
indicators defined in Annex XIV and of other relevant additional indicators. This description shall concern at
least:

— the performances of the fruit and vegetable sector, including key trends: strengths and weaknesses of the
sector, including in terms of competitiveness, and the potential for development of the producer organi-
sations,

— the environmental effects (impacts/pressures and benefits) of the fruit and vegetable production, including

key trends.

2.2.

The strategy chosen to meet strengths and weaknesses

Describe the key areas where intervention is expected to bring the maximum value added:

— relevance of the objectives set for the operational programmes and of the related expected results and targets

to the (priority) needs identified, and the extent to which they can be realistically achieved,

— internal coherence of the strategy, and existence of mutually reinforcing interactions and absence of possible

conflicts and contradictions between the operational objectives of different actions selected,

— complementarity and consistency of the actions selected, and with other national/regional actions, and in
particular with activities supported through European Community funds, and in particular with the rural
development measures,

— expected results and impact against the baseline situation, and their contribution to Community objectives.

2.3.

Impact from the previous operational programmes (when available)

Describe, where appropriate, the impact of operational programmes implemented in the recent past. Present a
summary of the available results.

3.

Objectives of operational programmes and instruments, performance indicators

(Article 12(2)(c) of Regulation (EC) No 1182/2007)

Describe the types of actions selected as eligible for support (non exhaustive list) and indicate what are the
objectives pursued, verifiable targets and the indicators that allow the progress towards achievement of the
objectives, efficiency and effectiveness to be assessed.

3.1.

Requirements concerning all or several types of actions

Criteria and administrative rules adopted for ensuring that certain actions selected as eligible for support are not
also supported by other relevant instruments of the common agricultural policy, and in particular by rural
development support.

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from possible increased pressures coming from investments

Effective safeguards in place, in application of Article 9(5) of Regulation (EC) No 1182/2007, to protect the
supported under operational
environment
programmes and criteria adopted,
for ensuring that
in application of Article 12(1) of
investments on individual holdings supported under operational programmes respect the objectives set out in
Article 174 of the Treaty and in the Sixth Community Environment Action Programme.

that Regulation,

3.2.

Specific information required for types of actions (to be filled only for the types of actions selected)

The following specific information is required for the actions envisaged:

3.2.1.

Actions aimed at planning of production (non exhaustive list)

3.2.1.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support.

3.2.1.2. Other actions

— description of the types of actions eligible for support,

— details on eligibility conditions for support.

3.2.2.

Actions aimed at improving or maintaining product quality (non exhaustive list)

3.2.2.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support.

3.2.2.2. Other actions

— description of the types of actions eligible for support,

— details on eligibility conditions for support.

3.2.3.

Actions aimed at improving marketing (non exhaustive list)

3.2.3.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support.

3.2.3.2. Other types of actions including promotion and communication activities other than in relation to crisis

prevention and management
— description of the types of actions eligible for support,

— details on eligibility conditions for support.

3.2.4.

Research and experimental production (non exhaustive list)

3.2.4.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support.

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3.2.4.2. Other types of actions

— description of the types of actions eligible for support,

— details on eligibility conditions for support.

3.2.5.

Training types of actions (other than in relation to crisis prevention and management) and actions aimed at promoting
access to advisory services (non exhaustive list)
— description of the types of actions eligible for support (including types of training and/or issues covered by

the advisory service),

— details on eligibility conditions for support.

3.2.6.

Crisis prevention and management measures
— description of the types of actions eligible for support,

— details on eligibility conditions for support.

3.2.7.

Environmental types of actions (non exhaustive list)
— confirmation that the environmental actions selected as eligible for support respect the requirements set out

in the second subparagraph of Article 9(3) of Regulation (EC) No 1182/2007,

— confirmation that the support for eligible environmental actions respects the requirements set out in the

fourth subparagraphs of Article 9(3) of Regulation (EC) No 1182/2007.

3.2.7.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support including.

3.2.7.2. Other types of actions

— list of the environmental actions eligible for support,

— description of the types of actions eligible for support, including the specific commitment or commitments
that they entail, their justification based on their expected environmental impact in relation to environmental
needs and priorities,

— amounts of support, where relevant,

— criteria adopted for calculating the support levels.

3.2.8.

Other types of actions (non exhaustive list)

3.2.8.1. Acquisition of fixed assets

— types of investments eligible for support (including type of fixed assets concerned),

— other forms of acquisition eligible for support

(e.g., renting,

leasing)

(including type of

fixed assets

concerned),

— details on eligibility conditions for support.

3.2.8.2. Other actions

— description of the other types of actions eligible for support,

— details on eligibility conditions for support.

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4.

Designation of competent authorities and bodies responsible

Designation by the Member State of the national authority responsible for the management, monitoring and
evaluation of the national strategy.

5.

A description of the monitoring and evaluation systems

These shall be constructed on the basis of the common list of performance indicators indicated in Annex XIV.
Where deemed appropriate, the national strategy shall specify additional indicators reflecting national and/or
regional needs, conditions and objectives specific to the national operational programmes.

5.1.

Assessment of the operational programmes and reporting obligations for producer organisations

(Article 12(2)(d) and (e) of Regulation (EC) No 1182/2007)

Describe the monitoring and evaluation requirements and procedures in relation to operational programmes,
including the reporting obligations for producer organisations.

5.2.

Monitoring and evaluation of the national strategy

Describe the monitoring and evaluation requirements and procedures in relation to the national strategy.

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LIST OF OPERATIONS AND EXPENDITURE NOT ELIGIBLE UNDER OPERATIONAL PROGRAMMES
REFERRED TO IN ARTICLE 61

ANNEX VIII

1. General production costs and in particular; plant protection products, including integrated control materials, ferti-
lisers and other inputs; packing costs, storage costs, packaging costs, even as part of new processes, costs of
packages; costs of collection or transport (internal or external); operating costs (in particular electricity, fuel and
maintenance), except:

— Specific costs for quality improvement measures. In all cases costs for (even certified) mycelium, seeds and non

perennial plants shall not be eligible;

— Specific costs for organic plant protection materials (such as pheromones and predators) whether used in organic,

integrated or conventional production;

— Specific cost for environmental measures,

including costs generated by the environmental management of
packaging. The environmental management of packaging shall be properly justified and follow the criteria of
Annex II to Directive 94/62/EC of the European Parliament and of the Council on Packaging and Packaging waste
(OJ L 365, 31.12.1994, p. 10);

— Specific cost for organic, integrated or experimental production. The competent national authority shall lay down
the eligibility criteria for an experimental production taking account of the newness of the procedure or concept
and the risk involved;

— Specific costs to ensure the monitoring of compliance with the standards referred to in Title II of this regulation,

with plant-health rules and with maximum level of residues.

Specific costs shall mean the additional costs, calculated as the difference between the conventional costs and the
costs actually incurred.

For each category of eligible specific costs referred to above, in order to calculate additional costs compared with
conventional ones, Member States may fix standard flat rates in a duly justified way.

2. Administrative and personnel costs with the exception of expenditure relating to the implementation of operational

funds and operational programmes which shall include:

(a) overheads specifically related to the operational fund or operational programme,

including management and
personnel costs, reports and evaluation studies, and the costs of keeping accounts and the management of
accounts, by means of the payment of a standard flat rate equal to 2 % of the approved operational fund and
up to a maximum of EUR 180 000. The 2 % shall consist of 1 % of Community aid plus 1 % from the producer
organisation.

In the case of a recognised association of producer organisations, the standard flat rate may be multiplied by the
number member of producer organisations of the association, up to a maximum of EUR 1 250 000.

Member States may restrict funding to the real costs, in which case they should define the eligible costs;

(b) personnel costs (including charges linked to wages and salaries, if these are borne by the producer organisation)

resulting from measures:

(i)

to improve or maintain a high level of quality or environmental protection;

(ii) to improve the level of marketing.

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The implementation of these measures shall essentially involve the use of qualified personnel. If, in such cases, the
producer organisation uses its own employees or member producers, the time worked shall be documented.

If a Member State wishes to provide an alternative to restricting funding to the real costs, for all the eligible
personnel costs referred to above, it shall fix, ex ante and in a duly justified way, standard flat rates up to a
maximum of 20 % of the approved operational fund. This percentage may be increased in duly justified cases.

In order to request those standard flat rates, producer organisations shall furnish proof of the implementation of
the action to the satisfaction of the Member State.

(c)

legal and administrative costs of mergers of producer organisations or their acquisition, as well as legal and
administrative costs related to creating transnational producer organisations or transnational associations of
producer organisations; feasibility studies and proposals commissioned by producer organisations in this respect.

3. Income or price supplements outside crisis prevention and management.

4. Insurance costs outside crisis prevention and management.

5. Reimbursement of loans taken out for an operation carried out before the beginning of the operational programme

other than those refer to in Article 75.

6. Purchase of land (costing more than 10 % of all the eligible expenditure on the operation concerned. In exceptional
and duly justified cases, a higher percentage can be fixed for operations concerning environmental conservation) not
built on except where purchase is necessary to carry out an investment included in the operational programme.

7. Cost of meetings and training programmes except where they are related to the operational programme, including

daily allowances, transport and accommodation costs (where appropriate on a flat-rate basis).

8. Operations or costs relating to the quantities produced by the members of the producer organisation outside the

Community.

9. Operations that could distort competition in the other economic activities of the producer organisation.

10. Second hand equipment which has been purchased with Community or national support within the seven previous

years.

11. Investments in means of transport to be used for marketing or distribution by the producer organisation except

additional on-the-truck facilities for cold-storage or controlled atmosphere transport.

12. Hire except where economically justified as an alternative to purchase at the satisfaction of the Member State.

13. Operating cost of goods hired.

14. Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs except the leasing
itself within the limits of the net market value of the item and within the conditions laid down in point (b) of the
first subparagraph of Article 55(1) of Commission Regulation (EC) No 1974/2006 (1).

15. Promotion of individual commercial labels or containing geographic references except:

— producer organisation, associations of producer organisations and subsidiaries as foreseen in Article 52(7)

brands/trade marks,

(1) OJ L 368, 23.12.2006, p. 15. Regulation as amended by Regulation (EC) No 434/2007 (OJ L 104, 21.4.2007, p. 8).

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— generic promotion and promotion of quality labels. Geographical names are allowed only:

(a)

if they are a protected designation of origin or a protected geographical
Regulation (EC) No 510/2006 (1); or

indication, covered by Council

(b) if, in all cases where the provision of point (a) does not apply, these geographical names are secondary to the

principal message.

Promotional material shall bear the emblem of the European Community (in the case of visual media only) and
include the following legend: ‘Campaign financed with the aid of the European Community’

16. Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this

list.

17. VAT except non-recoverable VAT as referred to in Article 71(3)(a) of Regulation (EC) No 1698/2005.

18. Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.

19. Real estate purchase which has been purchased with Community or national support within the 10 previous years.

20. Investments in shares of companies if the investment represents a financial investment except investments contri-

buting directly to the achievement of the goals of the operational programme.

21. Costs incurred by parties other than the producer organisation or its members.

22. Investments or similar types of actions not on the holdings of the producer organisation, association of producer

organisations, subsidiary as referred to in Article 52(7) or its members.

23. Measures outsourced by the producer organisation outside the Community.

(1) OJ L 93, 31.3.2006, p. 12.

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MINIMUM REQUIREMENTS FOR WITHDRAWN PRODUCTS REFERRED TO IN ARTICLE 77(2)

ANNEX IX

1. Products shall be:

— whole,

— sound; products affected by rotting or deterioration such as to make them unfit for consumption are excluded,

— clean, practically free from any visible foreign matter,

— practically free from pests and damage caused by pests,

— free of abnormal external moisture,

— free of any foreign taste and/or smell.

2. Products must be sufficiently developed and ripe, taking account of their type.

3. Products must be characteristic of the variety and/or commercial type.

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ANNEX X

MAXIMUM AMOUNTS OF SUPPORT FOR MARKET WITHDRAWALS AS REFERRED TO IN ARTICLE 80(1)

Product

Maximum support (EUR/100 kg)

Cauliflowers

Tomatoes

Apples

Grapes

Apricots

Nectarines

Peaches

Pears

Aubergines

Melons

Watermelons

Oranges

Mandarins

Clementines

Satsumas

Lemons

10,52

7,25

13,22

12,03

21,26

19,56

16,49

12,59

5,96

6,00

6,00

21,00

19,50

19,50

19,50

19,50

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TRANSPORT COSTS UNDER FREE DISTRIBUTION REFERRED TO IN ARTICLE 82(1)

ANNEX XI

Distance between the place of withdrawal and the place of delivery

Transport costs
(EUR/t)

Less than 25 km

From 25 km to 200 km

From 200 km to 350 km

From 350 km to 500 km

From 500 km to 750 km

750 km or more

Supplement for refrigerated transport: EUR 7,7/t.

15,5

32,3

45,2

64,5

83,9

102

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STATEMENT FOR PACKAGING OF PRODUCTS FOR FREE DISTRIBUTION REFERRED TO IN ARTICLE 83(2)

ANNEX XII

— Продукт, предназначен за безплатна дистрибуция (Регламент (ЕO) № 1580/2007)

— Producto destinado a su distribución gratuita [Reglamento (CE) no 1580/2007]

— Produkt určený k bezplatné distribuci [nařízení (ES) č. 1580/2007]

— Produkt til gratis uddeling (forordning (EF) nr. 1580/2007)

— Zur kostenlosen Verteilung bestimmtes Erzeugnis (Verordnung (EG) Nr. 1580/2007)

— Tasuta jagamiseks mõeldud tooted [määrus (EÜ) nr 1580/2007]

— Προϊόν προοριζόμενο για δωρεάν διανομή [κανονισμός (ΕΚ) αριθ. 1580/2007]

— Product for free distribution (Regulation (EC) No 1580/2007)

— Produit destiné à la distribution gratuite [règlement (CE) no 1580/2007]

— Prodotto destinato alla distribuzione gratuita [regolamento (CE) n. 1580/2007]

— Produkts paredzēts bezmaksas izplatīšanai [Regula (EK) Nr. 1580/2007]

— Produktas skirtas nemokamai distribucijai [Reglamentas (EB) Nr. 1580/2007]

— Térítésmentes terjesztésre szánt termék (1580/2007. sz. EK rendelet)

— Prodott destinat għad-distribuzzjoni bla ħlas [Regolament (KE) nru. 1580/2007]

— Voor gratis uitreiking bestemd product (Verordening (EG) nr. 1580/2007)

— Produkt przeznaczony do bezpłatnej dystrybucji [rozporzadzenie (WE) nr 1580/2007]

— Produto destinado a distribuição gratuita [Regulamento (CE) n.o 1580/2007]

— Produs destinat distribuției gratuite [Regulamentul (CE) nr. 1580/2007]

— Výrobok určený na bezplatnú distribúciu [nariadenie (ES) č. 1580/2007]

— Proizvod, namenjen za prosto razdelitev [Uredba (ES) št. 1580/2007]

— Ilmaisjakeluun tarkoitettu tuote (asetus (EY) N:o 1580/2007)

— Produkt för gratisutdelning (förordning (EG) nr 1580/2007)

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ANNEX XIII

INFORMATION TO BE INCLUDED IN THE ANNUAL REPORT OF MEMBER STATES AS REFERRED TO IN
ARTICLE 99(3)

All information shall be that related to the year being reported on. It shall include information on expenditure paid after
the end of the year being reported on. It shall cover information on checks executed and sanctions applied in respect of
that year including those executed or applied after that year. Information (which varies during the year) shall be that valid
on 31 December of the year reported on.

PART A — INFORMATION FOR MARKET MANAGEMENT

1. Administrative information

(a) National legislation adopted in order to implement Titles III and IV of Regulation (EC) No 1182/2007.

(b) The Member States contact point for communications.

(c)

Information on producer organisations and associations of producer organisations and producer groups:

— code number;

— name and contact details;

— date of recognition (preliminary recognition in case of producer groups);

— all the legal entities or clearly defined parts of legal entities involved and all subsidiaries involved;

— number of members (broken down between producers and non-producers). Changes in membership during the

year;

— product coverage and description of the final products sold;

— changes in structures during the year,

in particular: newly recognised or formed bodies, withdrawals and

suspensions of recognitions, mergers with dates of these events.

(d) Information on interbranch organisations:

— name of the organisation and contact details;

— date of recognition;

— product coverage.

2. Information related to expenditures

(a) Producer organisations. Financial data per beneficiary (producer organisation or association of producer organi-

sations):

— Operational fund. Total amount, contributions from Community, Member State (national assistance) and

producer organisation and members;

— description of the level of Community financial assistance under Article 10 of Regulation (EC) No 1182/2007;

— financial data of the operational program, broken out between producer organisations and associations of

producer organisations;

— value of the marketed production. Total and broken down into the different legal entities composing the

producer organisation or association of producer organisations;

— expenditure on the operational program, broken down by measures and types of action selected as eligible for

support;

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— information on the volume of products withdrawn broken down by products and by months;

— list of the approved bodies for the purposes of Article 10(4)(a) and (b) of Regulation (EC) No 1182/2007.

(b) Producer groups. Financial data per beneficiary:

— total amount, contributions from Community, Member State and producer group and members;

— description of the Community financial assistance under Article 7(5) of Regulation (EC) No 1182/2007 and
Member State contribution, showing sub-totals for producer groups in the first, second, third, fourth and fifth
years of transition period;

— expenditure on investments required to attain recognition under Article 7(3)(b) of Regulation (EC) No

1182/2007 with breakdown on Community, Member State and producer group contribution;

— value of the marketed production, with sub-totals for produce groups in the first, second, third, fourth and fifth

years of transition period.

3. Information on the implementation of the national strategy:

— summary description of progress made in the implementation of the operational programmes, broken down
between each type of measure as referred to in Article 21(1)(f). The description shall be based on financial and
common output and result indicators and summarise the information provided in the annual progress reports
transmitted by the producer organisations concerning the operational programmes;

— if the Member State is applying point (c) of the second subparagraph of Article 43 of Regulation (EC) No

1182/2007, the state aid concerned shall be described;

— a summary of the results of the mid-term evaluations of the operational programmes, as transmitted by the
producer organisations including, where appropriate, the qualitative assessments of the results and impact of
environmental actions aimed at the prevention of soil erosion, reductions in the use and/or better management
of plant protection products, the protection of habitats and biodiversity or landscape conservation;

— a summary of the major problems encountered in the implementation of the national strategy and its management
and any measure taken including, where appropriate, an indication of whether the national strategy has been
updated and the reason for the updating. A copy of the updated strategy shall be annexed to the annual report;

— a summary of the analyses made pursuant to the second subparagraph of Article 112(1).

In 2012, the annual report shall also include the 2012 evaluation report referred to in Article 128(4).

4. The list of approved first processors and collectors broken down by product, for the Member States which make use of

the transitional arrangement under Articles 68b or Article 143bc of Regulation (EC) No 1782/2003.

PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS

5. Information on checks and sanctions:

— checks carried out by the Member State: details of bodies visited and dates of visiting;

— checking rates;

— results of checks;

— sanctions applied.

31.12.2007

EN

Official Journal of the European Union

L 350/85

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EN

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EN

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L 350/87

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31.12.2007

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EN

Official Journal of the European Union

L 350/91

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EN

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31.12.2007

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31.12.2007

EN

Official Journal of the European Union

L 350/95

ANNEX XV

ENTRY PRICE SYSTEM SET OUT IN TITLE IV, CHAPTER II, SECTION 1

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of the products is
deemed to be indicative only. The scope of the arrangements provided for in this Title IV, Chapter II, Section 1 is, for the
purposes of this Annex, determined by the scope of the CN codes as they exist at the time of the adoption of the latest
amendment of this Regulation. Where ‘ex’ appears before the CN code, the scope of the additional duties is determined
both by the scope of the CN code and that of the description of the products, and the corresponding period of
application.

PART A

CN code

Description

Period of application

ex 0702 00 00

Tomatoes

ex 0707 00 05

Cucumbers (1)

ex 0709 90 80

Artichokes

0709 90 70

Courgettes

From 1 January to 31 December

From 1 January to 31 December

From 1 November to 30 June

From 1 January to 31 December

ex 0805 10 20

Sweet oranges, fresh

From 1 December to 31 May

ex 0805 20 10

Clementines

ex 0805 20 30
ex 0805 20 50
ex 0805 20 70
ex 0805 20 90

Mandarins (including tangerines and satsumas);
wilking and similar citrus hybrids

From 1 November to end of February

From 1 November to end of February

ex 0805 50 10

Lemons (Citrus limon, Citrus limonum)

From 1 June to 31 May

ex 0806 10 10

Table grapes

From 21 July to 20 November

ex 0808 10 80

Apples

ex 0808 20 50

Pears

ex 0809 10 00

Apricots

From 1 July to 30 June

From 1 July to 30 April

From 1 June to 31 July

ex 0809 20 95

Cherries, other than sour cherries

From 21 May to 10 August

ex 0809 30 10
ex 0809 30 90

Peaches, including nectarines

From 11 June to 30 September

ex 0809 40 05

Plums

From 11 June to 30 September

(1) Other than cucumbers referred to in Part B of this Annex.

PART B

CN code

Description

Period of application

ex 0707 00 05

Cucumbers intended for processing

From 1 May to 31 October

ex 0809 20 05

Sour cherries (Prunus cerasus)

From 21 May to 10 August

L 350/96

EN

Official Journal of the European Union

31.12.2007

ANNEX XVI

REPRESENTATIVE MARKETS REFERRED TO IN ARTICLE 137

Member State(s)

Representative markets

Belgium and Luxembourg

Brussels

Bulgaria

Czech Republic

Denmark

Germany

Estonia

Ireland

Greece

Spain

France

Italy

Cyprus

Latvia

Lithuania

Hungary

Malta

Netherlands

Austria

Poland

Portugal

Romania

Slovenia

Slovakia

Finland

Sweden

Sofia

Prague

Copenhagen

Hamburg, Munich, Frankfurt, Cologne, Berlin

Tallinn

Dublin

Athens, Thessaloniki

Madrid, Barcelona, Seville, Bilbao, Zaragoza, Valencia

Paris-Rungis, Marseille, Rouen, Dieppe, Perpignan, Nantes, Bordeaux, Lyon, Toulouse

Milan

Nicosia

Riga

Vilnius

Budapest

Attard

Rotterdam

Vienna-Inzersdorf

Ozarów Mazowiecki-Bronisze, Poznan

Lisbon, Porto

Bucharest, Constanța

Ljubljana

Bratislava

Helsinki

Helsingborg, Stockholm

United Kingdom

London

31.12.2007

EN

Official Journal of the European Union

L 350/97

ANNEX XVII

ADDITIONAL IMPORT DUTIES: TITLE IV, CHAPTER II, SECTION 2

Without prejudice to the rules governing the interpretation of the combined nomenclature, the description of the
products is deemed to be indicative only. The scope of the additional duties for the purposes of this Annex is determined
by the scope of the CN codes as they exist at the time of the adoption of this Regulation.

Serial No

CN code

Description

Trigger period

78.0015

0702 00 00

Tomatoes

78.0020

78.0065

0707 00 05

Cucumbers

78.0075

78.0085

0709 90 80

Artichokes

78.0100

0709 90 70

Courgettes

78.0110

0805 10 20

Oranges

78.0120

0805 20 10

Clementines

78.0130

0805 20 30
0805 20 50
0805 20 70
0805 20 90

Mandarins
wilkings and similar citrus hybrids

including tangerines and satsumas);

78.0155

0805 50 10

Lemons

78.0160

78.0170

0806 10 10

Table Grapes

78.0175

0808 10 80

Apples

78.0180

78.0220

0808 20 50

Pears

78.0235

78.0250

0809 10 00

Apricots

1 October to 31 May

1 June to 30 September

1 May to 31 October

1 November to 30 April

1 November to 30 June

1 January to 31 December

1 December to 31 May

1 November to end of February

1 November to end of February

1 June to 31 December

1 January to 31 May

21 July to 20 November

1 January to 31 August

1 September to 31 December

1 January to 30 April

1 July to 31 December

1 June to 31 July

78.0265

0809 20 95

Cherries, other than sour cherries

21 May to 10 August

78.0270

0809 30

Peaches, including nectarines

11 June to 30 September

78.0280

0809 40 05

Plums

11 June to 30 September

Trigger level
(tonnes)

325 606

25 103

101 736

61 547

19 799

117 360

454 253

606 155

104 626

326 861

53 842

70 731

886 383

81 237

241 637

35 748

14 163

114 530

11 980

5 806

L 350/98

EN

Official Journal of the European Union

31.12.2007

ANNEX XVIII

REGULATIONS REFERRED TO IN ARTICLE 152(3)

Commission Regulation (EEC) No 1764/86 of 27 May 1986 on minimum quality requirements for tomato-based
products eligible for production aid (1)

Commission Regulation (EEC) No 2320/89 of 28 July 1989 of minimum quality requirements for peaches in syrup and
peaches in natural fruit juice for the application of the production aid scheme (2)

Article 2 and Annex I(A) and B of Commission Regulation (EC) No 464/1999 of 3 March 1999 laying down detailed
rules for the application of Council Regulation (EC) No 2201/96 as regards aid arrangements for prunes (3)

Article 1(1) and (2) and Annexes II and III of Commission Regulation (EC) No 1573/1999 of 19 July 1999 laying down
detailed rules for the application of Council Regulation (EC) No 2201/96 as regards the characteristics of dried figs
qualifying for aid under the production aid scheme (4)

Annexes I and II of Commission Regulation (EC) No 1621/1999 of 22 July 1999 laying down detailed rules for the
application of Council Regulation (EC) No 2201/96 as regards aid for the cultivation of grapes to produce certain varieties
of dried grapes (5)

Commission Regulation (EC) No 1666/1999 of 28 July 1999 laying down detailed rules for the application of Council
Regulation (EC) No 2201/96 as regards the minimum marketing characteristics for certain varieties of dried grapes (6)

Commission Regulation (EC) No 1010/2001 of 23 May 2001 concerning the minimum quality requirements for mixed
fruit under the production aid scheme (7)

Article 3 of Commission Regulation (EC) No 217/2002 of 5 February 2002 fixing eligibility criteria for raw materials
under the production aid scheme in Regulation (EC) No 2201/96 (8)

Article 2 of Commission Regulation (EC) No 1535/2003 of 29 August 2003 laying down detailed rules for applying
Council Regulation (EC) No 2201/96 as regards the aid scheme for products processed from fruit and vegetables (9)

Article 16 and Annex I of Commission Regulation (EC) No 2111/2003 of 1 December 2003 laying down detailed rules
for the application of Council Regulation (EC) No 2202/96 introducing a Community aid scheme for producers of certain
citrus fruits (10)

Commission Regulation (EC) No 1559/2006 of 18 October 2006 laying down minimum quality requirements for
Williams and Rocha pears in syrup and/or in natural fruit juice under the production aid scheme (11)

(1) OJ L 153, 7.6.1986, p. 1.
(2) OJ L 220, 29.7.1989, p. 54.
(3) OJ L 56, 4.3.1999, p. 8.
(4) OJ L 187, 20.7.1999, p. 27.
(5) OJ L 192, 24.7.1999, p. 21.
(6) OJ L 197, 29.7.1999, p. 32.
(7) OJ L 140, 24.5.2001, p. 31.
(8) OJ L 35, 6.2.2002, p. 11.
(9) OJ L 218, 30.8.2003, p. 14.
(10) OJ L 317, 2.12.2003, p. 5.
(11) OJ L 288, 19.10.2006, p. 22.