Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing 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 and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011

TITLE I INTRODUCTORY PROVISIONS

Article 1 Subject matter and scope

This Regulation supplements Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors as referred to in Article 1(2)(i) and (j) of that Regulation, with the exception of marketing standards, and supplements Regulation (EU) No 1306/2013 as regards penalties to be applied in those sectors.

However, Title II of this Regulation 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 for processing.

TITLE II PRODUCER ORGANISATIONS

CHAPTER I Requirements and recognition

Section 1 Definitions

Article 2 Definitions

Section 2 Recognition criteria and other requirements

Article 3 Legal status of producer organisations

Article 4 Product coverage

Article 5 Minimum number of members

Article 6 Minimum length of membership

Article 7 Structures and activities of producer organisations

Article 8 Value or volume of marketable production

Article 9 Minimum value of marketed production

Article 10 Provision of technical means

Article 11 Producer organisations' main activities

Article 12 Marketing of the production outside the producer organisation

Article 13 Outsourcing

Article 14 Transnational producer organisations

Article 15 Mergers of producer organisations

Article 16 Non-producer members

Article 17 Democratic accountability of producer organisations

Section 3 Associations of producer organisations

Article 18 Rules on producer organisations applicable to associations of producer organisations

Article 19 Recognition of associations of producer organisations

Article 20 Members of associations of producer organisations who are not producer organisations

Article 21 Transnational association of producer organisations

CHAPTER II Operational funds and operational programmes

Section 1 Value of marketed production

Article 22 Basis for calculation

Article 23 Reference period and ceiling on Union financial assistance

Article 24 Accounting

Section 2 Operational funds

Article 25 Financing of operational funds

Article 26 Notification of estimated amount

Section 3 Operational programmes

Article 27 National strategy

Article 28 National framework for environmental actions

Article 29 Complementary Member State rules

Article 30 Relationship with rural development, State aid and promotion programmes

Article 31 Eligibility of actions under operational programmes

Article 32 Operational programmes of associations of producer organisations

Article 33 Decision

Article 34 Amendments to operational programmes

Section 4 Aid

Article 35 Advance payments

Article 36 Cessation of an operational programme and discontinuity of recognition

CHAPTER III Crisis prevention and management measures

Section 1 General provisions

Article 37 Selection of crisis prevention and management measures

Article 38 Loans to finance crisis prevention and management measures

Section 2 Investments making the management of the volumes placed on the market more efficient

Article 39 Investments related to the management of volumes

Section 3 Support related to mutual funds

Article 40 Support related to mutual funds

Section 4 Replanting of orchards following mandatory grubbing-up

Article 41 Replanting of orchards

Section 5 Market withdrawals

Article 42 Scope

Article 43 Three-year average for market withdrawals for free distribution

Article 44 Prior notification of withdrawal operations

Article 45 Support

Article 46 Destinations for withdrawn products

Article 47 Conditions for the recipients of withdrawn products

Section 6 Green harvesting and non-harvesting

Article 48 Conditions for the application of green harvesting and non-harvesting

Article 49 Obligations of the Member States

Section 7 Harvest insurance

Article 50 Objective of harvest insurance actions

Article 51 Implementation of harvest insurance actions

Section 8 Support related to coaching

Article 51a Implementation of coaching measures

CHAPTER IV National financial assistance

Article 52 Degree of organisation of producers and definition of a region

Article 53 Amendments to the operational programme

CHAPTER V General provisions

Section 1 Notifications and reports

Article 54 Member States' notifications concerning producer organisations, associations of producer organisations and producer groups

Article 55 Member States' notifications concerning producer prices of fruit and vegetables on the internal market

Section 2 Monitoring and evaluation of operational programmes and of national strategies

Article 56 Common performance indicators

Article 57 Monitoring and evaluation procedures in relation to operational programmes

Article 58 Monitoring and evaluation procedures in relation to the national strategy

Section 3 Administrative penalties

Article 59 Non-respect of recognition criteria

Article 60 Fraud

Article 61 Penalty for ineligible amounts

Article 62 Administrative penalties following first-level checks on withdrawal operations

Article 63 Administrative penalty applicable to producer organisations regarding withdrawal operations

Article 64 Administrative penalties applicable to recipients of products withdrawn from the market

Article 65 Administrative penalties in relation to green harvesting and non-harvesting