LegalizeCommission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors
CHAPTER I PRODUCER ORGANISATIONS
SECTION 1 Introductory provision
Article 1
Subject matter and scope
This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors, with the exception of marketing standards.
Chapters I to V shall only apply to products of the fruit and vegetables sector as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013 and to such products intended solely for processing.
SECTION 2 Operational programmes
SECTION 3 Aid
CHAPTER II CRISIS PREVENTION AND MANAGEMENT MEASURES
CHAPTER IV INFORMATION, REPORTS AND CHECKS
SECTION 1 Information and reports
SECTION 2 Checks
Article 22
Unique identification system
Member States shall ensure that a unique identification system applies to producer organisations, associations of producer organisations and producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007 with regard to their aid applications. This identification system shall be compatible with the system for the identification of beneficiaries referred to in Article 73 of Regulation (EU) No 1306/2013.
Article 23
Requests for recognition
Without prejudice to Article 24, Member States shall provide for procedures for requests for the recognition of producer organisations and associations of producer organisations.
Article 24
Granting of recognition
Prior to granting recognition to a producer organisation or association of producer organisations under Article 154(4)(a) or Article 156(1) of Regulation (EU) No 1308/2013, Member States shall carry out administrative and an on-the-spot checks on the producer organisation or association of producer organisations to verify compliance with the recognition criteria.
Member States shall carry out administrative and on-the-spot checks with regard to the recognition criteria which apply to all recognised producer organisations and associations of producer organisations at least once every five years even if the producer organisations or the associations of producer organisations do not implement an operational programme.
CHAPTER V EXTENSION OF RULES
Article 36
Financial contributions
Where a Member State decides, pursuant to Article 165 of Regulation (EU) No 1308/2013, that operators who do not belong to producer organisations, associations of producer organisations or interbranch organisations, but in respect of whom rules are made binding, shall pay a financial contribution, the Member State shall forward to the Commission the information needed to assess compliance with the conditions laid down in that Article. Such information shall include the basis on which the contribution is calculated, the unit amount thereof, the activities covered and their associated costs.
Article 37
Extensions beyond one year
Where it is decided to apply an extension of rules for a period exceeding one year, the Member States shall verify, in respect of each year, whether the conditions regarding representativeness laid down in Article 164(3) of Regulation (EU) No 1308/2013 have continued to be met throughout the period of application of the extension.
If Member States find that the conditions are no longer met, they shall repeal the extension with effect from the beginning of the following year.
Member States shall inform the Commission without delay of any repeal. The Commission shall make such information publicly available by the appropriate means.
CHAPTER VI ENTRY PRICE SYSTEM AND IMPORT DUTIES
Article 38
Standard import values
For each product and within the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the Commission shall fix each Tuesday a standard import value for each origin.
The standard import value shall be equal to the weighted average representative price referred to in Article 74 of Delegated Regulation (EU) 2017/891 notified by the Member States, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.
Within the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall be valid from the day following that of their publication until the successive standard import values have been fixed. Where Tuesday falls on a Commission public holiday, the standard import values shall be fixed on the next working day.
Where a standard import value is established for the products and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, in accordance with Articles 74 and 75 of that Regulation and this Article, the unit price as referred to in Article 142 of Commission Implementing Regulation (EU) 2015/2447 ([^E0005]) shall not apply. It shall be replaced by the standard import value referred to in paragraph 1.
Where no standard import value is in force for a product of a given origin, the weighted average of standard import values in force for that product shall apply.
During the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall remain applicable until they are changed. They shall cease to apply, however, where no average representative price has been notified to the Commission for two consecutive weeks.
Where, pursuant to the first subparagraph, no standard import value applies to a given product, the standard import value applicable to that product shall be equal to the last average standard import value.
By way of derogation from paragraph 1, where it has not been possible to calculate a standard import value, no standard import value shall be applicable from the first day of the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891.
The exchange rate applicable to the standard import value shall be the rate most recently published by the European Central Bank prior to the last day of the period for which prices are transmitted.
The standard import values expressed in euro shall be published by the Commission via TARIC ([^E0006]).
CHAPTER VII ADDITIONAL IMPORT DUTIES
Article 39
Levying of additional import duty
An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product for the relevant period.
For each of the products listed in Annex VII and during the periods indicated in that Annex, Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 55 of Implementing Regulation (EU) 2015/2447.
The additional import duty shall be levied on quantities put into free circulation as from the date of application of that duty, provided that:
- (a) their customs value determined in accordance with Article 74 of Delegated Regulation (EU) 2017/891 entails the application of the highest specific duties applicable to imports of the origin in question; and
- (b) the import takes place during the period of application of the additional import duty.
Article 40
Amount of additional import duty
The additional import duty applied in accordance with Article 39 shall be equivalent to one third of the erga omnes customs duty specified in the Common Customs Tariff for the product in question.
Article 41
Exemptions from additional import duty
The following goods are exempt from the additional import duty:
- (a) goods imported under a non-preferential tariff quota;
- (b) goods that left the country of origin before the decision to apply the additional import duty, and which are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Union that was drawn up before application of the additional import duty;
- (c) goods imported under the scheme of generalised tariff preferences pursuant to Regulation (EU) No 978/2012 of the European Parliament and of the Council ([^E0007]).
Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 1(b) have been met.
Customs authorities may deem that goods left the country of origin before the date of application of the additional import duty if one of the following documents is provided for:
- (a) sea transport, the bill of loading showing that loading took place before that date;
- (b) rail transport, the waybill accepted by the rail authorities of the country of origin before that date;
- (c) road transport, the road carriage contract (CMR) or another transit document issued in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Union transit or common transit are observed;
- (d) air transport, the air way bill showing that the airline accepted the goods before that date.
CHAPTER VIII FINAL PROVISIONS
Article 42
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX VII
Products and periods for the application of additional import duties referred to in Article 39
Without prejudice to the rules on the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the additional duties is determined by the scope of the CN codes.
| Order number | CN code | Description of products | Period of application |
|---|---|---|---|
| 78.0015 | 0702 00 10 , 0702 00 91 , 0702 00 99 | Whole tomatoes, with greatest diameter of less than 47 mm, Other tomatoes in trusses, Other tomatoes | From 1 October to 31 May |
| 78.0020 | 0702 00 10 , 0702 00 91 , 0702 00 99 | Whole tomatoes, with greatest diameter of less than 47 mm, Other tomatoes in trusses, Other tomatoes | From 1 June to 30 September |
| 78.0065 | 0707 00 05 | Cucumbers | From 1 May to 31 October |
| 78.0075 | 0707 00 05 | Cucumbers | From 1 November to 30 April |
| 78.0085 | 0709 91 00 | Globe artichokes | From 1 November to 30 June |
| 78.0100 | 0709 93 10 | Courgettes | From 1 January to 31 December |
| 78.0110 | 0805 10 22 , 0805 10 24 , 0805 10 28 | Navel oranges, White oranges, Other sweet oranges | From 1 December to 31 May |
| 78.0120 | 0805 22 00 | Clementines | From 1 November to end of February |
| 78.0130 | 0805 21 10 , 0805 21 90 , 0805 29 00 | Satsumas, Mandarins and tangerines, Wilkings and similar citrus hybrids, other than tangerines, satsumas and clementines | From 1 November to end of February |
| 78.0155 | 0805 50 10 | Lemons (Citrus limon, Citrus limonum) | From 1 June to 31 December |
| 78.0160 | 0805 50 10 | Lemons (Citrus limon, Citrus limonum) | From 1 January to 31 May |
| 78.0170 | 0806 10 10 | Table grapes | From 21 July to 20 November |
| 78.0175 | 0808 10 80 | Apples | From 1 January to 31 August |
| 78.0180 | 0808 10 80 | Apples | From 1 September to 31 December |
| 78.0220 | 0808 30 90 | Pears | From 1 January to 30 April |
| 78.0235 | 0808 30 90 | Pears | From 1 July to 31 December |
| 78.0250 | 0809 10 00 | Apricots | From 1 June to 31 July |
| 78.0265 | 0809 29 00 | Cherries, other than sour | From 21 May to 10 August |
| 78.0270 | 0809 30 20 , 0809 30 30 , 0809 30 80 | Flat peaches (Prunus persica var. platycarpa) and flat nectarines(Prunus persica var. platerina), Nectarines, Other peaches | From 11 June to 30 September |
| 78.0280 | 0809 40 05 | Plums | From 11 June to 30 September |
[^E0005]: Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).
[^E0007]: Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1, ELI: http://data.europa.eu/eli/reg/2012/978/oj).
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