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Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors

Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors

TITLE I INTRODUCTORY PROVISIONS

Article 1 Scope and use of terms

1.

This Regulation lays down implementing rules for Regulation 1234/2007 as regards the fruit and vegetables and processed fruit and vegetables sectors.

However, Titles II and III of this Regulation shall only apply in respect of products of the fruit and vegetables sector as referred to in Article 1(1)(i) of Regulation (EC) No 1234/2007 and of such products intended solely for processing.

2.

Terms used in Regulation (EC) No 1234/2007 shall have the same meaning when used in this Regulation unless this Regulation provides otherwise.

TITLE II CLASSIFICATION OF PRODUCTS

CHAPTER I General rules

Article 3 Marketing standards; holders

1.

The requirements of Article 113a(1) of Regulation (EC) No 1234/2007 shall be the general marketing standard. The details of the general marketing standard are set out in Part A of Annex I to this Regulation.

Fruit and vegetables not covered by a specific marketing standard shall conform to the general marketing standard. However, where the holder is able to show that the products are in conformity with any applicable standards adopted by the United Nations Economic Commission for Europe (UNECE), they shall be considered as conforming to the general marketing standard.

2.

The specific marketing standards referred to in Article 113(1)(b) of Regulation (EC) No 1234/2007 are set out in Part B of Annex I to this Regulation as regards the following products:

  1. apples,

  2. citrus fruit,

  3. kiwifruit,

  4. lettuces, curled leaved and broad-leaved endives,

  5. peaches and nectarines,

  6. pears,

  7. strawberries,

  8. sweet peppers,

  9. table grapes,

  10. tomatoes.

3.

For the purposes of Article 113a(3) of Regulation (EC) No 1234/2007, ‘holder’ means any natural or legal person who is in physical possession of the products concerned.

Article 4 Exceptions and exemptions from the application of marketing standards

Article 5 Information particulars

Article 6 Information particulars at the retail stage

Article 7 Mixes

CHAPTER II Checks on conformity to marketing standards

Section 1 General provisions

Article 8 Scope
Article 9 Coordinating authorities and inspection bodies
Article 10 Trader database

Section 2 Conformity checks carried out by the Member States

Article 11 Conformity checks
Article 12 Approved traders
Article 13 Acceptance of declarations by customs
Article 14 Certificate of conformity

Section 3 Conformity checks carried out by third countries

Article 15 Approval of conformity checks carried out by third countries prior to import into the Union
Article 16 Suspension of approval of the conformity checks

Section 4 Methods of inspection

Article 17 Methods of inspection

Section 5 Notifications

Article 18 Notifications

TITLE III PRODUCER ORGANISATIONS

CHAPTER I Requirements and recognition

Section 4 Producer groups

Article 36 Submission of recognition plans
Article 37 Content of recognition plans
Article 38 Approval of recognition plans
Article 39 Implementation of recognition plans
Article 40 Applications for recognition as a producer organisation
Article 41 Producer groups’ main activities
Article 42 Value of marketed production
Article 43 Financing of recognition plans
Article 44 Aid for investments required for recognition
Article 45 Application for aid
Article 46 Eligibility
Article 47 Union contribution
Article 48 Mergers
Article 49 Consequences of recognition

CHAPTER II Operational funds and operational programmes

Section 1 Value of marketed production

Article 50 Basis for calculation
Article 51 Reference period

Section 2 Operational Funds

Article 52 Management
Article 53 Financing of operational funds
Article 54 Notification of estimated amount

Section 3 Operational Programmes

Article 55 National strategy
Article 56 National framework for environmental actions
Article 57 Complementary Member State rules
Article 58 Relationship with rural development programmes
Article 59 Contents of operational programmes
Article 60 Eligibility of actions under operational programmes
Article 61 Documents to be submitted
Article 62 Operational programmes of associations of producer organisations
Article 63 Time limit for submission
Article 64 Decision
Article 65 Amendments to operational programmes for subsequent years
Article 66 Amendments to operational programmes during the year
Article 67 Format of operational programmes

Section 4 Aid

Article 68 Approved amount of aid
Article 69 Aid applications
Article 70 Payment of the aid
Article 71 Advance payments
Article 72 Partial payments

CHAPTER III Crisis prevention and management measures

Section 1 General Provisions

Article 73 Selection of crisis prevention and management measures
Article 74 Loans to finance crisis prevention and management measures

Section 2 Market withdrawals

Article 75 Definition
Article 76 Marketing standards
Article 77 Three-year average for market withdrawals for free distribution
Article 78 Prior notification of withdrawal operations
Article 79 Support
Article 80 Destinations for withdrawn products
Article 81 Transport costs
Article 82 Sorting and packing costs
Article 83 Conditions for the recipients of withdrawn products

Section 3 Green harvesting and non-harvesting

Article 84 Definitions of green harvesting and non-harvesting
Article 85 Conditions for the application of green harvesting and non-harvesting

Section 4 Promotion and communication

Article 86 Implementation of promotion and communication measures

Section 5 Training

Article 87 Implementation of training actions

Section 6 Harvest insurance

Article 88 Objective of harvest insurance actions
Article 89 Implementation of harvest insurance actions
Article 89a Replanting of orchards following mandatory grubbing-up

Section 7 Support for the administrative cost of setting up mutual funds

Article 90 Conditions for support for the administrative cost of setting up mutual funds

CHAPTER IV National Financial Assistance

Article 91 Degree of organisation of producers and definition of a region

Article 92 Authorisation to pay national financial assistance

Article 93 Amendments to the operational programme

Article 94 Application for and payment of the national financial assistance

Article 95 Union reimbursement of the national financial assistance

CHAPTER V General Provisions

Section 1 Reports and notifications

Article 96 Producer groups and producer organisations’ reports
Article 97 Member States’ notifications concerning producer organisations, associations of producer organisations and producer groups
Article 98 Member States’ notifications concerning producer prices of fruit and vegetables in the internal market

Section 2 Checks

Article 99 Unique identification system
Article 100 Submission procedures
Article 101 Sampling
Article 102 Administrative checks
Article 103 On-the-spot checks
Article 104 Granting of recognition and approval of operational programmes
Article 105 Administrative checks on aid applications for operational programmes
Article 106 On-the-spot checks on aid applications for operational programmes
Article 107 On-the-spot checks on measures of operational programmes
Article 108 First-level checks on withdrawal operations
Article 109 Second-level checks on withdrawal operations
Article 110 Green harvesting and non-harvesting
Article 111 Checks before approving recognition plans of producer groups
Article 112 Checks on aid applications of producer groups
Article 113 Transnational producer organisations and transnational associations of producer organisations

Section 3 Sanctions

Article 114 Non-respect of recognition criteria
Article 115 Fraud
Article 116 Producer groups
Article 117 Operational programme
Article 118 Sanctions following first-level checks on withdrawal operations
Article 119 Other sanctions applicable to producer organisations regarding withdrawal operations
Article 120 Sanctions applicable to recipients of withdrawn products
Article 121 Green harvesting and non-harvesting
Article 122 Preventing an on-the-spot check
Article 123 Payment of recovered aid and penalties
Article 124 Notification of irregularities

Section 4 Monitoring and evaluation of operational programmes and of national strategies

Article 125 Common performance indicators
Article 126 Monitoring and evaluation procedures in relation to operational programmes
Article 127 Monitoring and evaluation procedures in relation to the national strategy

CHAPTER VI Extension of rules to producers of an economic area

Article 128 Notification of list of economic areas

Article 129 Notification of binding rules; representativeness

Article 130 Financial contributions

Article 131 Extensions beyond one marketing year

Article 132 Produce sold on the tree; buyers

TITLE IV TRADE WITH THIRD COUNTRIES

CHAPTER I Import duties and entry price system

Section 1 Entry price system

Article 133 Scope and definitions
Article 134 Notification of prices and quantities of products imported
Article 136 Standard import values
Article 137 Entry price basis

Section 2 Additional import duties

Article 138 Scope and definitions
Article 139 Notification of volumes
Article 140 Levying of additional duty
Article 141 Amount of additional duty
Article 142 Exemptions from additional duty

TITLE V GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 149 Repeal

Article 150 Transitional provisions

Article 151 Entry into force

ANNEX IMARKETING STANDARDS REFERRED TO IN ARTICLE 3

AppendixNon-exhaustive list of apple varieties

AppendixNon-exhaustive list of large-fruited and summer pear varieties

ANNEX II

ANNEX III

ANNEX IVThird countries where the conformity checks have been approved under Article 15 and the products concerned

ANNEX V

ANNEX Va

ANNEX Vb

ANNEX VI

ANNEX VII

ANNEX VIII

ANNEX IX

ANNEX X

ANNEX XI

ANNEX XII

ANNEX XIII

ANNEX XIV

ANNEX XV

ANNEX XVI

ANNEX XVII

ANNEX XVIII

ANNEX XIX

ANNEX XX