委员会实施条例(EU) No 543/2011, 就水果和蔬菜以及已加工水果和蔬菜产品,制定理事会条例(EC) No 1234/2007 的实施细则

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:32011R0543

OJ编号:OJ L 157, 15.6.2011, p. 1-163

中文标题:委员会实施条例(EU) No 543/2011, 就水果和蔬菜以及已加工水果和蔬菜产品,制定理事会条例(EC) No 1234/2007 的实施细则

原文标题:543/2011/EU: 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

分类:03.60.05_涉及不止一个市场组织的规定

文件类型:二级立法 Regulation|条例

生效日期:2011-06-22

废止日期:2058-12-31

法规全文:查看欧盟官方文件

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15.6.2011 Official
Journal
of
the
European
Union L
157/1
II
(Non-legislative acts)
REGULATIONS
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
THE EUROPEAN COMMISSION,
(3) Marketing
years
should
be
set
for
products
of
the
fruit
and vegetables and the processed fruit and vegetables
sectors. Since there are no longer any aid schemes in
the sectors which follow the harvesting cycle of the
products concerned, all marketing years may be
Having regard to the Treaty on the Functioning of the European
harmonised to fit the calendar year.
Union,
Having regard to Council Regulation (EC) No 1234/2007 of
(4) Article 113(1)(b) and (c) of Regulation (EC)
22 October 2007 establishing a common organisation of agri
No 1234/2007 authorises the Commission to provide
cultural markets and on specific provisions for certain agri
for marketing standards for fruit and vegetables and
cultural products (Single CMO Regulation) (
processed fruit and vegetables, respectively. Pursuant to

1 ), and in particular
the second subparagraph of Article 3, Articles 103h, 121(a),
Article 113a(1) of that Regulation, fruit and vegetables
127, 134, 143(b), 148, 179, 192(2), 194 and 203a(8) in
which are intended to be sold fresh to the consumer,
conjunction with Article 4 thereof,
may only be marketed if they are of sound, fair and
marketable quality and if the country of origin is
indicated. To harmonise the implementation of that
provision, it is appropriate to set out details of and
provide for a general marketing standard for all fresh
Whereas:
fruit and vegetables.
(1) Regulation
(EC)
No
1234/2007
establishes
a
common
organisation of agricultural markets which includes the
(5) Specific
marketing
standards
should
be
adopted
for
those
fruit and vegetables and processed fruit and vegetables
products for which it seems necessary to adopt a
sectors.
standard based on an assessment of its relevance,

taking into account, in particular, which products are
most traded in value terms on the basis of the figures
held in the European Commission’s reference database on
international trade, Comext.
(2) The
implementing
rules
covering
the
fruit
and
vegetables
and processed fruit and vegetables sectors are laid down
in 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
(6)
In order to avoid unnecessary barriers to trade, where
and (EC) No 1182/2007 in the fruit and vegetable
specific marketing standards are to be laid down for
sector ( 2 ). That Regulation has been amended several
individual products, these standards should be those as
times. In the interests of clarity, it is appropriate to incor
set out in the standards adopted by the United Nations
porate all the implementing rules in a new Regulation,
Economic Commission for Europe (UNECE). Where no
together with the amendments necessary in the light of
specific marketing standard has been adopted at Union
experience, and to repeal Regulation (EC) No 1580/2007.
level, products should be considered as conforming to
the general marketing standard where the holder is able
( 1 ) OJ L 299, 16.11.2007, p. 1.
to show that the products are in conformity with any
( 2 ) OJ L 350, 31.12.2007, p. 1.
applicable UNECE standard.

L 157/2
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Official Journal of the European Union
15.6.2011
(7) Exceptions
and
exemptions
from
the
application
of (13) Since
knowledge
of
traders
and
their
main
characteristics
marketing standards should be provided for in the case
is an indispensable tool in Member States’ analysis, it is
of certain operations which are either very marginal
essential to set up a database on traders of fruit and
and/or specific, or take place at the start of the
vegetables in each Member State. In order to ensure
distribution chain, or in the case of dried fruit and
that all actors in the marketing chain are covered and
vegetables and products intended for processing. Since
for the sake of legal certainty, a detailed definition of
some products will naturally develop and have a
‘trader’ should be adopted.
tendency to perish, they should be permitted to show a
slight lack of freshness and turgidity, provided they are
not in ‘Extra’ Class. Certain products which are normally
not intact when sold should be exempted from the
general marketing standard which would otherwise
(14) Conformity
checks
should
be
carried
out
by
sampling
require this.
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,
Member States should lay down rules prioritising checks
on particular categories of traders. For the sake of trans
(8) The
information
particulars
required
by
marketing
parency, those rules should be notified to the
standards should be clearly displayed on the packaging
Commission.
and/or label. To avoid fraud and cases of misleading
consumers, the information particulars required by the
standards should be available to consumers before
purchase, especially in case of distance selling, where
experience has shown the risks of fraud and avoidance
(15) Member
States
should
ensure
that
exports
of
fruits
and
of the consumer protection offered by the standards.
vegetables to third countries conform to the marketing

standards and should certify conformity, in accordance
with the Geneva Protocol on standardisation of fresh
fruit and vegetables and dry and dried fruit concluded
within the UNECE and the Organisation for Economic
(9) Packages
containing
different
species
of
fruit
and
Co-operation and Development (OECD) Scheme for the
vegetables are becoming more common on the market
application of international standards for fruit and
in response to demand from certain consumers. Fair
vegetables.
trading requires that fruit and vegetables sold in the
same package are of uniform quality. For products for
which Union standards have not been adopted this can
be ensured by recourse to general provisions. Labelling
requirements should be laid down for mixes of different
(16) Imports
of
fruit
and
vegetables
from
third
countries
species of fruit and vegetables in the same package. They
should conform to the marketing standards or to
should be less strict than those laid down by the
standards equivalent to them. Conformity checks must
marketing standards in order to take into account, in
therefore be carried out before those goods enter the
particular, the space available on the label.
customs territory of the Union, except in the case of

small lots which the inspection bodies consider to be
low risk. In certain third countries which provide satis
factory guarantees of conformity, pre-export checks may
be carried out by the inspection bodies of those third
(10) In
order
to
ensure
that
checks
may
be
properly
and
countries. Where this option is applied, Member States
effectively carried out, invoices and accompanying
should regularly verify the effectiveness and quality of the
documents, other than those for consumers, should
pre-export checks carried out by third country inspection
contain certain basic information included in the
bodies.
marketing standards.
(17) Fruit
and
vegetables
intended
for
processing
are
not
(11) For
the
purposes
of
the
selective
checks,
based
on
risk
required to conform to marketing standards, so it
analysis, as provided for in Article 113a(4) of Regulation
should be ensured that they are not sold on the
(EC) No 1234/2007 it is necessary to lay down detailed
market for fresh products. Such products should be
rules on such checks. In particular, the role of the risk
appropriately labelled.
assessment when selecting products for checks should be
underlined.
(18) Fruit
and
vegetables
checked
for
conformity
with
the
marketing standards should be subject to the same type
(12) Each Member State should designate the inspection
of check at all stages of marketing. To this end, the
bodies responsible for carrying out conformity checks
inspection guidelines recommended by the UNECE in
at each stage of marketing. One of those bodies should
line with the relevant OECD recommendations, should
be responsible for contacts with and coordination
be applied. Specific arrangements should, however, be
between all other designated bodies.
laid down for checks at the retail sale stage.

EN
15.6.2011 Official
Journal
of
the
European
Union L
157/3
(19) Provisions
for
the
recognition
of
producer
organisations
ones should be encouraged by providing rules for the
for the products they request should be laid down.
merger of operational programmes of the merged organi
Where the recognition is requested for products
sations.
intended solely for processing, it should be ensured
that they are indeed delivered for processing.
(26) While respecting
the principles whereby a producer
organisation must be formed on the own initiative of
producers and scrutinised by the producers, it should
(20) In order to help achieve the goals of the fruit and
vegetables regime and to ensure that producer organi
be left up to Member States to lay down the conditions
sations carry out their work in a sustainable and
whereby other natural or legal persons are accepted as
effective way, there should be the utmost stability
members of a producer organisation and/or an
within producer organisations. Membership of a
association of producer organisations.
producer in the producer organisation should therefore
be for a minimum period. It should be left up to Member
States to lay down the notice periods and the dates on
which resignation from membership are to take effect.
(27) 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
(21) The
main
and
essential
activities
of
a
producer
organi
management and operation.
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.
(28) In order to take account of different production and
marketing circumstances in the Union, Member States
should lay down certain conditions for the granting of
preliminary recognition to producer groups which
submit a recognition plan.
(22) Cooperation
between
producer
organisations
should
be
encouraged by allowing the marketing of fruit and
vegetables bought exclusively from another recognised
producer organisation to be left out of the calculations
both for the purposes of the main activity and for other
(29) To
promote
the
setting-up
of
stable
producer
organi
activities. Where a producer organisation is recognised
sations capable of making a lasting contribution to the
for a product for which the provision of technical
attainment of the objectives of the fruit and vegetables
means is required, it should be allowed to provide
regime, preliminary recognition should be granted only
those means through its members, through subsidiaries
to producer groups which can demonstrate their ability
or by outsourcing.
to meet all the requirements for recognition within a
specified time limit.
(23) Producer
organisations
may
hold
shares
in
subsidiaries
(30) Provisions
on
information
which
the
producer
groups
which help to increase the added value of the production
must provide in the recognition plan should be laid
of their members. Rules should be fixed for calculating
down. To enable producer groups to better meet the
the value of such marketed production. The main
recognition conditions, changes to recognition plans
activities of such subsidiaries should be the same as
should be authorised. To that end, provisions should
those of the producer organisation, after allowing for a
be laid down enabling Member States to request from
transitional period for adaptation.
producer groups to take corrective action to ensure that
their plan is implemented.
(24) Detailed
rules
should
be
laid
down
on
the
recognition
and functioning of the associations of producer organi
(31) The
producer
group
may
satisfy
the
conditions
for
recog
sations, transnational producer organisations and trans
nition before the recognition plan is completed.
national associations of producer organisations provided
Provision should be made to allow such groups to
for in Regulation (EC) No 1234/2007. For the sake of
submit applications for recognition along with draft
consistency, they should, as far as possible, reflect the
operational programmes. For the sake of consistency,
rules laid down for producer organisations.
the granting 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
(25) In
order
to
facilitate
the
concentration
of
supply,
the
should be able to be carried over to operational
merger of existing producer organisations to form new
programmes.

L 157/4
EN
Official Journal of the European Union
15.6.2011
(32) To facilitate the correct application of the system of aid
production for fruit and vegetables intended for
to cover the costs of formation and administrative
processing, operational programmes approved by
operation of producer groups, that aid should be
20 January 2010 should not be affected by the new
granted at a flat rate. That flat-rate aid should be
calculation method, without prejudice to the possibility
subject to a ceiling in order to comply with budgetary
to amend those operational programmes in accordance
constraints. Moreover, taking into account the differing
with Articles 65 and 66 of Regulation (EC)
financial needs of producer groups of different sizes, that
No 1580/2007. For the same reason, the value of the
ceiling should be adjusted in line with the value of
marketed production for the reference period of oper
marketable production of the producer groups.
ational programmes approved after that date should be
calculated under the new rules.
(33) For
the
sake
of
consistency
and
a
smooth
transition
to
the status of a recognised producer group, the same rules
(37) To ensure the correct use of aid, rules should be laid
on main activities of producer organisations and their
down for the management of operational funds and
value of marketed production should apply to producer
members’ financial contributions, allowing for as much
groups.
flexibility as possible on condition that all producers may
take advantage of the operational fund and may demo
cratically participate in decisions on its use.
(34) In order to take into account the financial needs of the
new producers groups and to ensure the correct appli
cation of the aid scheme in the event of mergers, the
(38) Provisions
should
be
laid
down
establishing
the
scope
and structure of the national strategy for sustainable
possibility should be given for the aid to be granted to
operational programmes and the national framework
the producer groups resulting from the merger.
for environmental actions. The aim shall be to optimise
the allocation of financial resources and to improve the
quality of the strategy.
(35) To
facilitate
the
use
of
the
scheme
of
support
to
oper
ational programmes, the marketed production of
producer organisations should be clearly defined,
(39) In order to allow appropriate evaluation of the
including the specification of which products may be
information by the competent authorities and measures
taken into account and the marketing stage at which
and activities to be included in, or excluded from, the
the value of production is to be calculated. For control
programmes, procedures for the presentation and
purposes and for the sake of simplification, it is appro
approval of operational programmes, including deadlines,
priate to use a flat rate for the purposes of calculating the
should be laid down. Since the programmes are managed
value of fruit and vegetables intended for processing,
on an annual basis, it should be provided that
representing the value of the basic product, namely
programmes not approved before a given date are
fruit and vegetables intended for processing, and activities
postponed for a year.
which do not amount to genuine processing activities.
Since the volumes of fruit and vegetables needed for the
production of processed fruit and vegetables differ largely
between groups of products, those differences should be
reflected in the applicable flat rates. In the case of fruit
(40) There
should
be
a
procedure
for
the
annual
amendment
and vegetables intended for processing that are trans
of operational programmes for the following year, so
formed into processed aromatic herbs and paprika
that they can be adjusted to take account of any new
powder, it is also appropriate to introduce a flat rate
conditions which could not have been foreseen when
for the purposes of calculating the value of fruit and
they were initially presented. In addition, it should be
vegetables intended for processing, representing only
possible for measures and amounts of the operational
the value of the basic product. Additional methods of
fund to be changed during each year of execution of a
calculation of marketable production should also be
programme. To ensure that the approved programmes
made possible in case of yearly fluctuations or insuf
maintain their overall objectives, all such changes
ficient data. To prevent misuse of the scheme, producer
should be subject to certain limits and conditions to be
organisations should not in general be permitted to
defined by Member States and including obligatory
change the methodology for fixing reference periods
notification of changes to the competent authorities.
within the duration of a programme.
(41) For reasons of financial security and legal certainty, a list
(36) In
order
to
ensure
the
smooth
transition
to
the
new
of operations and expenditure which may not be covered
system for the calculation of the value of the marketed
by operational programmes should be drawn up.

EN
15.6.2011 Official
Journal
of
the
European
Union L
157/5
(42) In
the
case
of
investments
on
individual
holdings,
so
as
withdrawals are now co-financed. For other products,
to prevent the unjustified enrichment of a private party
where experience has not yet shown any risk of
who has severed links with the organisation during the
excessive withdrawals, it is appropriate to allow
useful life of the investment, provisions should be laid
Member States to fix maximum levels of support. In all
down to allow the organisation to recover the residual
cases, however, for similar reasons, it is appropriate to set
value of the investment, whether such an investment is
a quantitative limit of withdrawals per product per
owned by a member or by the organisation.
producer organisation.
(43) To ensure the correct application of the aid scheme,
(46) Detailed
rules
should
be
adopted
concerning
the
national
information to be included in the applications for aid
financial assistance which Member States may grant in
as well as procedures for the payment of aid should be
regions of the Union where the degree of organisation of
laid down. To prevent cash-flow difficulties, a system of
producers is particularly low, including defining such low
advance payments accompanied by appropriate securities
degree of organisation. Procedures for the approval of
should be available to producer organisations. For similar
such national aid as well as for the approval and the
reasons, an alternative system should be available for the
amount of the reimbursement of the aid by the Union
reimbursement of expenditure already incurred.
should be provided for, as well as for the proportion of
reimbursement. Those procedures should reflect those
currently applicable.
(44) The
production
of
fruit
and
vegetables
is
unpredictable
and the products are perishable. Surplus on the market,
even if it is not too great, can significantly disturb the
(47) Detailed
rules,
in
particular
procedural
provisions,
should
market. Detailed provisions on the scope and application
be adopted concerning the conditions under which the
of crisis management and prevention measures in respect
rules issued by producer organisations or associations of
of the products referred to in Article 1(1)(i) of Regulation
such organisations in the fruit and vegetables sector may
(EC) No 1234/2007 should be laid down. As far as
be extended to all producers established in a specific
possible, those rules should provide for flexibility and
economic area. Where produce is sold on the tree, it
for rapid application in crises and therefore should
should be made clear which rules are to be extended
allow decisions to be taken by Member States and
to the producers and the buyers, respectively.
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
(48) In order to monitor the imports of apples and to ensure
environmental requirements are duly respected.
that a significant increase of imports of apples would not
go unnoticed within a relatively short period of time, the
system of import licenses for apples falling within
Combined Nomenclature code (CN code) 0808 10 80
(45) As regards withdrawals from the market, detailed rules
had been introduced in 2006 as a transitional system.
should be adopted taking into account the potential
Meanwhile, new and accurate means of monitoring
importance of that measure. In particular, rules should
imports of apples have been developed, which are less
be drawn up concerning the system of increased support
cumbersome for traders than the current licence system.
for fruit and vegetables withdrawn from the market
Therefore, the obligation to present import licences for
which are distributed free of charge as humanitarian
apples falling within CN code 0808 10 80 should cease
aid by charitable organisations and certain other estab
to apply within a short period of time.
lishments and institutions. In order to facilitate free
distribution, it is appropriate to provide for the possi
bility to allow charitable organisations and institutions
to ask a symbolic contribution from the final recipients
(49) Detailed
rules
concerning
the
entry
price
system
for
fruit
of the withdrawn products, in case those products have
and vegetables should be adopted. Since most of the
undergone processing. In addition, maximum levels of
perishable fruit and vegetables concerned are supplied
support for market withdrawals should be fixed in
on consignment, this creates special difficulties for deter
order to ensure that they do not become a permanent
mining their value. The possible methods for the calcu
alternative outlet for products compared to placing them
lation of the entry price on the basis of which imported
on the market. In this context, for those products for
products are classified in the Common Customs Tariff
which maximum levels of Union withdrawal compen
should be set. In particular, standard import values
sation were set in Annex V to Council Regulation (EC)
should be established on the basis of the weighted
No 2200/96 of 28 October 1996 on the common
average of the average prices for the products and
organization of the market in fruit and vegetables ( 1 ), it
special provision should be made for cases in which no
is appropriate to continue using such levels, subject to a
prices are available for products of a given origin. There
certain degree of increase to reflect the fact that those
should be provision for the lodging of a security in
certain circumstances to ensure that the system is
( 1 ) OJ L 297, 21.11.1996, p. 1.
correctly applied.

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Official Journal of the European Union
15.6.2011
(50) Detailed
rules
concerning
the
import
duty
which
can
be
Directives 2001/112/EC and 2001/113/EC and Regu
imposed on certain products in addition to that provided
lations (EEC) No 827/68, (EC) No 2200/96, (EC)
for in the Common Customs Tariff should be adopted.
No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003
The additional duty may be imposed if import volumes
and (EC) No 318/2006 and repealing Regulation (EC)
of the products concerned exceed trigger levels
No 2202/96 ( 3 ) and subsequently Regulation (EC) No
determined for the product and the period of application.
1234/2007 and in Regulation (EC) No 1580/2007 and
Goods en route to the Union are exempt from additional
subsequently this Regulation and the implementation of
duty and, therefore, specific provisions for such goods
the transitional rules set out in Article 203a of Regu
should be adopted.
lation (EC) No 1234/2007.
(55) In order to limit the effects of the abolition of the system
(51) Provision
should
be
made
for
appropriate
monitoring
of import licences for apples on trade patterns,
and evaluation of ongoing programmes and schemes in
Article 134 of Regulation (EC) No 1580/2007 should
order to assess their effectiveness and efficiency by both
continue to apply until 31 August 2011.
producer organisations and Member States.
(56) The
Management
Committee
for
the
Common
Organi
sation of Agricultural Markets has not delivered an
(52) Provisions
concerning
the
type,
format
and
means
of
opinion within the time limit set by its Chairman,
notifications necessary to implement this Regulation
should be laid down. Those provisions should include
notifications from producers and producer organisations
to the Member States and from the Member States to the
Commission, as well as the consequences resulting from
HAS ADOPTED THIS REGULATION:
late or inaccurate notifications.
TITLE I
INTRODUCTORY PROVISIONS
(53) Measures
should
be
laid
down
as
regards
the
checks
necessary to ensure the proper application of this Regu
Article 1
lation and Regulation (EC) No 1234/2007, and the
appropriate sanctions applicable to irregularities found.
Scope and use of terms
Those measures should involve both specific checks
1. This
Regulation
lays
down
implementing
rules
for
Regu
and sanctions laid down at Union level as well as addi
lation 1234/2007 as regards the fruit and vegetables and
tional national checks and sanctions. The checks and
processed fruit and vegetables sectors.
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
However, Titles II and III of this Regulation shall only apply in
order to avoid any benefit being derived from such
respect of products of the fruit and vegetables sector as referred
situations.
to in Article 1(1)(i) of Regulation (EC) No 1234/2007 and of
such products intended solely for processing.
(54) Provisions
should
be
laid
down
to
continue
the
smooth
2. Terms
used
in
Regulation
(EC)
No
1234/2007
shall
have
transition from the previous system set out in Regulation
the same meaning when used in this Regulation unless this
(EC) No 2200/96, Council Regulation (EC) No 2201/96
Regulation provides otherwise.
of 28 October 1996 on the common organisation of the
markets in processed fruit and vegetable products ( 1 ), and
Council Regulation (EC) No 2202/96 of 28 October
1996 introducing a Community aid scheme for
producers of certain citrus fruits (
Article 2

2 ) to the new system
set out in Council Regulation (EC) No 1182/2007 of
Marketing years
26 September 2007 laying down specific rules as
regards the fruit and vegetable sector, amending
The marketing years for fruit and vegetables and processed fruit
and vegetables shall run from 1 January to 31 December.
( 1 ) OJ L 297, 21.11.1996, p. 29.
( 2 ) OJ L 297, 21.11.1996, p. 46.
( 3 ) OJ L 273, 17.10.2007, p. 1.

EN
15.6.2011 Official
Journal
of
the
European
Union L
157/7
TITLE II
Article 4
CLASSIFICATION OF PRODUCTS
Exceptions and exemptions from the application of
marketing standards
CHAPTER I
1. By way of derogation from Article 113a(3) of Regulation
General rules
(EC) No 1234/2007, the following products shall not be
Article 3
required to conform to the marketing standards:
Marketing standards; holders
1. The
requirements
of
Article
113a(1)
of
Regulation
(EC)
No
1234/2007 shall be the general marketing standard. The details
(a) provided they are clearly marked with the words ‘intended
of the general marketing standard are set out in Part A of
for processing’ or ‘for animal feed’ or any other equivalent
Annex I to this Regulation.
wording, products:
Fruit and vegetables not covered by a specific marketing
standard shall conform to the general marketing standard.
(i) intended for industrial processing, or
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
(ii) intended for animal feed or other non-food use;
marketing standard.
2. The specific marketing standards referred to in
(b) products transferred by the producer on his holding to
Article 113(1)(b) of Regulation (EC) No 1234/2007 are set
consumers for their personal use;
out in Part B of Annex I to this Regulation as regards the
following products:
(c) products recognised in a Commission Decision taken at the
(a) apples,
request of a Member State in accordance with the procedure
referred to in Article 195(2) of Regulation (EC)
No 1234/2007 as products of a given region which are
sold by the retail trade of the region for well established
(b) citrus fruit,
traditional local consumption;
(c) kiwifruit,
(d) products having undergone a trimming or cutting making
them ‘ready to eat’ or ‘kitchen ready’.
(d) lettuces, curled leaved and broad-leaved endives,
(e) peaches and nectarines,
(e) products marketed as edible sprouts, following germination
of seeds of plants classified as fruit and vegetables under
Article 1(1)(i) and Part IX of Annex I to Regulation (EC)
(f) pears,
No 1234/2007.
(g) strawberries,
2. By way of derogation from Article 113a(3) of Regulation
(EC) No 1234/2007, the following products shall not be
required to conform to the marketing standards within a
(h) sweet peppers,
given production area:
(i) table grapes,
(a) products sold or delivered by the grower to preparation and
packaging stations or storage facilities, or shipped from his
(j) tomatoes.
holding to such stations; and
3. For the purposes of Article 113a(3) of Regulation (EC)
No 1234/2007, ‘holder’ means any natural or legal person
(b) products shipped from storage facilities to preparation and
who is in physical possession of the products concerned.
packaging stations.

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3. By way of derogation from Article 113a(3) of Regulation
(l) dried
plantains
of
CN
code
0803
00
90,
(EC) No 1234/2007, Member States may exempt from the
specific marketing standards products presented for retail sale
to consumers for their personal use and labelled ‘product
(m) dried citrus of CN code 0805,
intended for processing’ or with any other equivalent wording
and intended for processing other than those referred to in
paragraph 1(a)(i) of this Article.
(n) mixtures of tropical nuts of CN code 0813 50 31,
4. By way of derogation from Article 113a(3) of Regulation
(EC) No 1234/2007, Member States may exempt from the
(o) mixtures of other nuts of CN code 0813 50 39,
marketing standards products directly sold by the producer to
the final consumer for personal use on markets reserved only
for producers within a given production area defined by
(p) saffron of CN code 0910 20.
Member States.
7. Evidence
shall
be
supplied
to
the
competent
authority
of
5. By way of derogation from Article 113a(3) of Regulation
the Member State that the products covered by paragraphs 1(a)
(EC) No 1234/2007 as regards the specific marketing standards,
and 2 fulfil the conditions laid down, in particular with regard
fruit and vegetables other than the ‘Extra’ Class, at stages
to their intended use.
following dispatch, may show a slight lack of freshness and
turgidity and slight deterioration due to their development
and their tendency to perish.
Article 5
Information particulars
6. By way of derogation from Article 113a(3) of Regulation
1. The
information
particulars
required
by
this
Chapter
shall
(EC) No 1234/2007, the following products shall not be
be shown legibly and obviously on one side of the packaging,
required to conform to the general marketing standard:
either indelibly printed directly onto the package or on a label
which is an integral part of the package or affixed to it.
(a) non-cultivated mushrooms of CN code 0709
59,
2. For
goods
shipped
in
bulk
and
loaded
directly
onto
a
means of transport, the information particulars referred to in
(b) capers of CN code 0709 90 40,
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.
(c) bitter almonds of CN code 0802
11
10,
3. In the case of distance contracts within the meaning of
(d) shelled almonds of CN code 0802 12,
Article 2(1) of Directive 97/7/EC of the European Parliament
and of the Council ( 1 ), conformity with the marketing standards
shall require that the information particulars shall be available
before the purchase is concluded.
(e) shelled hazelnuts of CN code 0802
22,
4. Invoices
and
accompanying
documents,
excluding
receipts
(f) shelled
walnuts
of
CN code
0802
32,
for the consumer, shall indicate the name and the country of
origin of the products and, where appropriate, the class, the
variety or commercial type if required in a specific marketing
(g) pine nuts of CN code 0802 90 50,
standard, or the fact that it is intended for processing.
(h) pistachios of CN code 0802 50 00,
Article 6
Information particulars at the retail stage
(i) macadamia
of
CN
code
0802
60
00,
1. At
retail
stage,
the
information
particulars
required
by
this
Chapter shall be legible and conspicuous. Products may be
presented for sale provided the retailer displays prominently,
adjacent to and legibly the information particulars relating to
(j) pecans
of
CN
code
ex
0802
90
20,
country of origin and, where appropriate, class and variety or
commercial type in such a way as not to mislead the consumer.
(k) other nuts of CN code 0802 90 85,
( 1 ) OJ L 144, 4.6.1997, p. 19.

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2. For
products
which
are
pre-packaged
within
the
meaning marketing stages, in order to verify that they conform to the
of Directive 2000/13/EC of the European Parliament and of the
marketing standards and other provisions of this Title and of
Council ( 1 ), the net weight shall be indicated, in addition to all
Articles 113 and 113a of Regulation (EC) No 1234/2007.
the information provided for in the marketing standards.
However, in the case of products 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 from
Article 9
the outside or, if the number is indicated on the label.
Coordinating authorities and inspection bodies
1. Each
Member
State
shall
designate:
Article 7
Mixes
(a) a single competent authority responsible for coordination
1. The marketing of packages of a net weight of 5 kg or less
and contacts in the areas covered by this Chapter, here
containing mixes of different species of fruit and vegetables
inafter called ‘the coordinating authority’; and
shall be allowed, provided that:
(a) the products are of uniform quality and each product
(b) an inspection body or bodies responsible for the application
concerned complies with the relevant specific marketing
of this Chapter, hereinafter called ‘the inspection bodies’.
standard or, where no specific marketing standard exists
for a particular product, the general marketing standard,
The coordinating authorities and inspection bodies referred to
(b) the package is appropriately labelled, in accordance with this
in the first subparagraph may be public or private. However, the
Chapter, and
Member States shall be responsible for them in either case.
(c) the mix is not such as to mislead the consumer.
2. The
Member
States
shall
notify
the
Commission
of:
2. The
requirements
of
paragraph
1(a)
shall
not
apply
to
products included in a mix which are not products of the
(a) the name and postal and e-mail address of the coordinating
fruit and vegetables sector referred to in Article 1(1)(i) of Regu
authority they have designated pursuant to paragraph 1(a);
lation (EC) No 1234/2007.
3. If
the
fruit
and
vegetables
in
a
mix
originate
in
more
than
(b) the name and postal and e-mail address of the inspection
one Member State or third country, the full names of the
bodies they have designated pursuant to paragraph 1(b); and
countries of origin may be replaced with one of the following,
as appropriate:
(c) the exact description of the respective spheres of activity of
(a) ‘mix of EU fruit and vegetables’,
the inspection bodies they have designated.
(b) ‘mix of non- EU fruit and vegetables’,
3. The
coordinating
authority
may
be
the
inspection
body
or
one of the inspection bodies or any other body designated
pursuant to paragraph 1.
(c) ‘mix of EU and non-EU fruit and vegetables’.
CHAPTER II
4. The
Commission
shall
make
publicly
available
the
list
of
coordinating authorities designated by the Member States in the
Checks on conformity to marketing standards
manner it considers appropriate.
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 10
Article 8
Trader database
Scope
1. Member States shall set up a database on traders in fruit
This Chapter lays down rules on conformity checks, which shall
and vegetables, which shall list, under the conditions established
mean the checks carried out on fruit and vegetables at all
in this Article, traders involved in the marketing of fruit and
vegetables for which standards have been laid down pursuant to
( 1 ) OJ L 41, 14.2.2003, p. 33.
Article 113 of Regulation (EC) No 1234/2007.

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For this purpose, Member States may use any other database or
(b) information needed for its classification in one of the risk
databases already established for other purposes.
categories mentioned in Article 11(2), in particular, position
in the marketing chain and information concerning the
importance of the firm;
2. For
the
purpose
of
this
Regulation,
‘trader’
means
any
natural or legal person who:
(c) information concerning findings made during previous
(a) holds fruit and vegetables subject to marketing standards
checks of each trader;
with a view to:
(i) displaying or offering them for sale,
(d) any other information considered necessary for checks such
as information concerning the existence of a quality
assurance system or self-check system related to the
(ii) selling them, or
conformity to the marketing standards.
(iii) marketing them in any other manner, or
The updating of the database shall be carried out in particular
(b) actually carries out any of the activities referred to in point
using the information collected during conformity checks.
(a) as regards fruit and vegetables subject to marketing
standards.
6. Traders
shall
provide
the
information
that
Member
States
The activities referred to in point (a) of the first subparagraph
consider necessary to set up and update the database. Member
shall cover:
States shall determine the conditions under which traders not
established in their territory but trading on it shall be listed in
their database.
(a) distance selling whether by internet or otherwise,
(b) such activities carried out by the natural or legal person for
S e c t i o n 2
itself or on behalf of a third party, and
C o n f o r m i t y c h e c k s c a r r i e d o u t b y t h e
M e m b e r S t a t e s
(c) such activities carried out in the Union and/or by export to
Article 11
third countries and/or import from third countries.
Conformity checks
1. Member
States
shall
ensure
that
conformity
checks
are
3. Member
States
shall
determine
the
conditions
under
which carried out selectively, based on a risk analysis, and with appro
the following traders are to be included or not in the database:
priate frequency, so as to ensure compliance with the marketing
standards and other provisions of this Title and of Articles 113
and 113a of Regulation (EC) No 1234/2007.
(a) traders whose activities are exempt from the obligation to
comply with the marketing standards pursuant to Article 4;
and
The criteria to assess the risk shall include the existence of a
(b) natural or legal persons whose activities in the fruit and
conformity certificate referred to in Article 14 issued by a
vegetables sector are limited either to the transport of
competent authority of a third country where the conformity
goods, or to the sale at the retail stage.
checks have been approved pursuant to Article 15. The
existence of such certificate shall be considered as a factor
reducing the risk of non-conformity.
4. Where
the
trader
database
is
composed
of
several
distinct
elements, the coordinating authority shall ensure that the
database, its elements and their updating are uniform. The
updating of the database shall be done in particular using the
The criteria to assess the risk may also include:
information collected during conformity checks.
5. The
database
shall
contain
for
each
trader:
(a) the nature of the product, the period of production, the
price of the product, the weather, the packing and
handling operations, the storage conditions, the country of
(a) the registration number, name and address;
origin, the means of transport or the volume of the lot;

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(b) the size of the traders, their position in the marketing chain,
2. The
authorisation
shall
be
granted
for
a
period
of
at
least
the volume or value marketed by them, their product range,
one year.
the delivery area or the type of business carried out such as
storage, sorting, packing or sale;
3. Traders
benefiting
from
this
possibility
shall:
(c) findings made during previous checks including the number
and type of defects found, the usual quality of products
marketed, the level of technical equipment used;
(a) have inspection staff who have received training approved
by the Member States;
(d) the reliability of traders’ quality assurance systems or self-
checking systems related to the conformity to marketing
standards;
(b) have suitable equipment for preparing and packing produce;
(e) the place where the check is carried out, in particular if it is
(c) commit themselves to carry out a conformity check on the
the point of first entry into the Union, or the place where
goods they dispatch and have a register recording all checks
the products are being packed or loaded;
carried out.
(f) any other information that might indicate a risk of non-
compliance.
4. Where
an
authorised
trader
no
longer
complies
with
the
requirements for authorisation the Member State shall withdraw
the authorisation.
2. The
risk
analysis
shall
be
based
on
the
information
contained in the trader database referred to in Article 10 and
shall classify traders in risk categories.
5. Notwithstanding
paragraph
1,
authorised
traders
may
continue to use specimens which conformed to Regulation
(EC) No 1580/2007 on 30 June 2009 until stocks are
Member States shall lay down in advance:
exhausted.
(a) the criteria for assessing the risk of non-conformity of lots;
Authorisations granted to traders before 1 July 2009 shall
continue to apply for the period for which they were granted.
(b) on the basis of a risk analysis for each risk category, the
minimum proportions of traders or lots and/or quantities
which will be subject to a conformity check.
Article 13
Acceptance of declarations by customs
Member States may choose not to carry out selective checks on
1. Customs
may
only
accept
export
declarations
and/or
products not subject to specific marketing standards, based on a
declarations for the release for free circulation for the
risk analysis.
products subject to specific marketing standards if:
3. Where
checks
reveal
significant
irregularities,
Member
States shall increase the frequency of checks in relation to
(a) the goods are accompanied by a conformity certificate, or
traders, products, origins, or other parameters.
(b) the competent inspection body has informed the customs
4. Traders
shall
provide
inspection
bodies
with
all
the
authority that the lots concerned have been issued a
information those bodies judge necessary for organising and
conformity certificate, or
carrying out conformity checks.
Article 12
(c) the competent inspection body has informed the customs
authority that it has not issued a conformity certificate for
Approved traders
the lots concerned because they do not needed to be
checked in the light of the risk assessment referred to in
1. Member
States
may
authorise
traders
classified
in
the
Article 11(1).
lowest risk category and providing special guarantees on
conformity to marketing standards to use the specimen in
Annex II in the labelling of each package at the stage of
dispatch and/or to sign the conformity certificate as referred
This shall be without prejudice to any conformity checks the
to in Article 14.
Member State may carry out pursuant to Article 11.

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2. Paragraph 1 shall also apply to products subject to the
2. The
approval
referred
to
in
paragraph
1
may
be
granted
general marketing standard set out in Part A of Annex I and
to third countries where the Union marketing standards, or at
products referred to in Article 4(1)(a) if the Member State
least equivalent standards, are met for products exported to the
concerned considers it necessary in the light of the risk
Union.
analysis referred to in Article 11(1).
The approval shall specify the official authority in the third
Article 14
country under the responsibility of which checks referred to
Certificate of conformity
in paragraph 1 are carried out. That authority shall be
responsible for contacts with the Union. The approval shall
1. Certificates
of
conformity
may
be
issued
by
a
competent also specify the third country inspection bodies in charge of
authority to confirm that the products concerned conform to
the proper checks.
the relevant marketing standard (hereinafter referred to as
‘certificate’). The certificate for use by competent authorities in
the Union is set out in Annex III.
The approval may only apply to products originating in the
third country concerned and may be limited to certain products.
Instead of certificates issued by competent authorities in the
Union, the third countries referred to in Article 15(4) may
use their own certificates provided that they contain at least
3. The
third
country
inspection
bodies
shall
be
official
bodies
equivalent information to the Union certificate. The
or bodies officially recognised by the authority referred to in
Commission shall make available, by the means it considers
paragraph 2 which provide satisfactory guarantees and dispose
appropriate, specimens of such third country certificates.
of the necessary personnel, equipment and facilities to carry out
checks according to the methods referred to in Article 17(1) or
equivalent methods.
2. The
certificates
may
be
issued
either
in
paper
format
with
original signature or in verified electronic format with electronic
signature.
4. The
third
countries
where
the
conformity
checks
have
been approved under this Article, and the products concerned,
shall be set out in Annex IV.
3. Each
certificate
shall
be
stamped
by
the
competent
authority and signed by the person or persons empowered to
do so.
The Commission shall make available, by the means it considers
appropriate, details of the official authorities and inspection
bodies concerned.
4. The
certificate
shall
be
issued
in
at
least
one
of
the
official
languages of the Union.
Article 16
Suspension of approval of the conformity checks
5. Each
certificate
shall
bear
a
serial
number,
by
which
it
can
be identified. A copy of each issued certificate shall be retained
The Commission may suspend approval of the conformity
by the competent authority.
checks 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.
6. Notwithstanding
the
first
subparagraph
of
paragraph
1,
Member States may continue to use certificates which
conformed to Regulation (EC) No 1580/2007 on 30 June
2009 until stocks are exhausted.
S e c t i o n 4
M e t h o d s o f i n s p e c t i o n
S e c t i o n 3
Article 17
C o n f o r m i t y c h e c k s c a r r i e d o u t b y t h i r d
Methods of inspection
c o u n t r i e s
1. The
conformity
checks
provided
for
in
this
Chapter,
with
Article 15
the exception of those at the point of retail sale to the end
consumer, shall be carried out in accordance with the methods
Approval of conformity checks carried out by third
of inspection laid down in Annex V, save as otherwise provided
countries prior to import into the Union
in this Regulation.
1. At the request of a third country, the Commission may, in
accordance with the procedure referred to in Article 195(2) of
Regulation (EC) No 1234/2007, approve checks on conformity
Member States shall lay down specific arrangements for
to specific marketing standards carried out by that third country
checking conformity at the point of retail sale to the end
prior to import into the Union
consumer.

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2. Where
inspectors
find
that
the
goods
conform
with
the notify forthwith the Commission, the Member States likely to
marketing standards, the inspection body may issue a certificate
be concerned and the third country concerned and listed in
of conformity as set out in Annex III.
Annex IV.
3. Where
the
goods
do
not
conform
with
the
standards,
the 3. Member
States
shall
notify
the
Commission
of
their
inspection body shall issue a finding of non-conformity for the
provisions of inspection and risk analysis systems. They shall
attention of the trader or their representatives. Goods for which
inform the Commission of any subsequent amendments to
a finding of non-conformity has been issued may not be moved
those systems.
without the authorisation of the inspection body which issued
that finding. That authorisation can be subject to the respect of
conditions laid down by the inspection body.
4. Member States shall notify the Commission and the other
Member States of the summarised results of the inspections at
all marketing stages in a given year by 30 June of the following
Traders may decide to bring all or some of the goods into
year.
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
5. The notifications referred to in paragraphs 1 to 4 shall be
brought into conformity. The competent inspection body shall
made by the means specified by the Commission.
issue, where applicable, a certificate of conformity as set out in
Annex III for the lot or part thereof only after the goods have
been brought into conformity.
TITLE III
PRODUCER ORGANISATIONS
If an inspection body accepts a trader’s wish to bring the goods
into conformity in a Member State other than that where the
CHAPTER I
check leading to a finding of non-conformity has been carried
Requirements and recognition
out, the trader shall notify the competent inspection body of
the destination Member State of the non-conforming lot. The
S e c t i o n 1
Member State issuing the finding of non-conformity shall send
D e f i n i t i o n s
a copy of that finding to the other Member States concerned
including the Member State of destination of the non-
Article 19
conforming lot.
Definitions
1. For
the
purposes
of
this
Title:
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
(a) ‘producer’ means a farmer as referred to in Article 2(2)(a) of
take adequate measures in order to ensure that the products
Regulation (EC) No 1234/2007;
concerned are not marketed.
(b) ‘producer member’ means a producer or a cooperative of
Traders shall supply all information deemed necessary by
producers, who is a member of a producer organisation or
Member States for the application of this paragraph.
association of producer organisations.
S e c t i o n 5
(c) ‘subsidiary’ means a company in which one or more
producer organisations or associations thereof have taken
N o t i f i c a t i o n s
shares and which contributes to the objectives of the
Article 18
producer organisation or the association of producer organi
sations;
Notifications
1. A
Member
State
where
a
consignment
from
another
Member State is found not to conform with the marketing
(d) ‘transnational producer organisation’ means any organi
standards because of defects or deterioration which could
sation in which at least one of the producers’ holdings is
have been detected at the time of packaging shall notify
located in a Member State other than where the organi
forthwith the Commission and the Member States likely to be
sation has its head office;
concerned.
(e) ‘transnational association of producer organisations’ means
2. A Member State where a lot of goods from a third
any association of producer organisations in which at least
country has been rejected from release into free circulation
one of the associated organisations is located in a Member
because of non-compliance with the marketing standards shall
State other than where the association has its head office;

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(f) ‘Convergence Objective’ means the objective of the action
(k) ‘interbranch basis’ as referred to in Article 103d(3)(b) of
for the least developed Member States and regions
Regulation (EC) No 1234/2007 means one or more of
according to the Union legislation governing the European
the activities listed in Article 123(3)(c) of Regulation (EC)
Regional Development Fund, the European Social Fund and
No 1234/2007 approved by the Member State and
the Cohesion Fund for the period from 1 January 2007 to
managed jointly by a producer organisation or an
31 December 2013;
association of producer organisations and at least one
other actor in the food processing and/or distribution chain;
(g) ‘measure’ means one of the following:
(l) ‘baseline indicator’ means any indicator reflecting a state or
(i) actions aimed at planning of production, including
trend existing at the start of a programming period which
acquisition of fixed assets;
may provide information useful:
(ii) actions aimed at improving or maintaining product
quality, including acquisition of fixed assets;
(i) in the analysis of the initial situation, in order to
establish a national strategy for sustainable operational
(iii) actions aimed at improving marketing, including
programmes or an operational programme;
acquisition of fixed assets, as well as promotion and
communication activities, other than promotion and
communication activities falling under point (vi);
(ii) as a reference against which the results and impact of a
national strategy or an operational programme may be
(iv) research and experimental production, including
assessed; and/or
acquisition of fixed assets;
(v) training actions, other than training falling under point
(iii) in interpreting the results and impact of a national
(vi), and actions aimed at promoting access to advisory
strategy or an operational programme.
services;
(vi) any of the six crisis prevention and management
instruments listed in points (a) to (f) of the first
2. Member
States
shall
define
the
legal
entities
concerned
in
subparagraph of Article 103c(2) of Regulation (EC)
their territory which have to comply with Article 125b of
No 1234/2007;
Regulation (EC) No 1234/2007 in the light of their national
legal and administrative structures. They may adopt comple
mentary rules on the recognition of producer organisations
(vii) environmental actions as referred to in Article 103c(3)
and shall, where appropriate, also lay down provisions on
of Regulation (EC) No 1234/2007, including
clearly defined parts of legal entities for the application of
acquisition of fixed assets;
Article 125b of Regulation (EC) No 1234/2007.
(viii) other actions, including acquisition of fixed assets
other than those falling under points (i) to (iv) and
S e c t i o n 2
(vii) which fulfil one or more of the objectives
referred to in Article 103c(1) of Regulation (EC)
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
No 1234/2007;
o r g a n i s a t i o n s
Article 20
(h) ‘action’ means a specific activity or instrument aimed at
Product coverage
achieving a particular operational objective contributing to
one or more of the objectives referred to in Article 103c(1)
1. Member
States
shall
recognise
producer
organisations
of Regulation (EC) No 1234/2007;
under Article 125b of Regulation (EC) No 1234/2007 in
respect of the product or the group of products specified in
the application for recognition, subject to any decision taken
(i) ‘by-product’ means a product which results from prep
under Article 125b(1)(c) of that Regulation.
aration of a fruit or vegetable product which has a
positive economic value but is not the main intended result;
2. Member
States
shall
only
recognise
producer
organisations
(j) ‘preparation’ means preparatory activities such as cleaning,
in respect of the product or the group of products solely
cutting, peeling trimming and drying of fruit and vegetables,
intended for processing where the producer organisations are
without transforming them into processed fruit and
able to ensure that such products are delivered for processing,
vegetables;
whether through a system of supply contracts or otherwise.

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Article 21
2. Where
one
or
more
members
of
a
producer
organisation
have insufficient historical data on marketed production for the
Minimum number of members
application of paragraph 1, the value of their marketable
When laying down the minimum number of members of a
production may be calculated as the average value of their
producer organisation pursuant to Article 125b(1)(b) of Regu
marketable production during a period of three years
lation (EC) No 1234/2007, Member States may provide that
preceding the year in which the application for recognition is
where an applicant for recognition is wholly or partly made
submitted and in which the members of the concerned
up of members which are themselves legal entities or clearly
producer organisation were actually producing.
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 25
Provision of technical means
For the purposes of Article 125b(1)(e) of Regulation (EC)
Article 22
No 1234/2007, a producer organisation which is recognised
Minimum length of membership
for a product for which the provision of technical means is
necessary shall be considered to fulfil its obligation where it
1. The minimum membership period of a producer shall not
provides an adequate level of technical means itself or
be less than one year.
through its members, or through subsidiaries, or by
outsourcing.
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
Article 26
on which resignation shall take effect.
Producer organisations’ main activities
1.
The main activity of a producer organisation shall relate to
the concentration of supply and the placing on the market of
Article 23
the products of its members for which it is recognised.
Structures and activities of producer organisations
Member States shall ensure that producer organisations have at
their disposal the staff, infrastructure and equipment necessary
2. A producer organisation may sell products from
to fulfil the requirements laid down in point (c) of the first
producers that are not a member of a producer organisation
paragraph of Article 122 and Article 125b(1)(e) of Regulation
nor of an association of producer organisations, where it is
(EC) No 1234/2007 and ensure their essential functioning, in
recognised for those products and provided that the economic
particular as regards:
value of that activity is below the value of its marketed
production calculated in accordance with Article 50.
(a) the knowledge of their members’ production;
3. The marketing of fruit and vegetables that are bought
directly from another producer organisation and of products
for which the producer organisation is not recognised shall
(b) collecting, sorting, storing and packaging the production of
not be considered as forming part of the producer organi
their members;
sation’s activities.
(c) commercial and budgetary management; and
4. Where
Article
50(9)
applies,
paragraph
3
of
this
Article
shall apply mutatis mutandis to the subsidiaries concerned from
1 January 2012.
(d) centralised book keeping and a system of invoicing.
Article 27
Article 24
Outsourcing
Value or volume of marketable production
1. The
activities
that
a
Member
State
may
permit
to
be
1. For the purposes of Article 125b(1)(b) of Regulation (EC)
outsourced, in accordance with Article 125d of Regulation
No 1234/2007, the value or volume of marketable production
(EC) No 1234/2007 may include, among others, collecting,
shall be calculated on the same basis as the value of marketed
storing, packaging and marketing the produce of the
production set out in Articles 50 and 51 of this Regulation.
members of the producer organisation.

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2.
Outsourcing of an activity of a producer organisation shall
2. By
way
of
derogation
from
the
second
subparagraph
of
mean that the producer organisation enters into a commercial
paragraph 1, Member States may authorise producer organi
arrangement with another entity, including one or several of its
sations which so request, for duly substantiated reasons, to
members or a subsidiary for the provision of the activity
continue implementing separate operational programmes in
concerned. The producer organisation shall nevertheless
parallel until they reach their natural conclusion.
remain responsible for ensuring the carrying out of that
activity, and overall management control and supervision of
commercial arrangement for the provision of the activity.
Article 30
Non-producer members
Article 28
1. Member
States
may
determine
whether
and
on
what
conditions any natural or legal person who is not a producer
Transnational producer organisations
may be accepted as a member of a producer organisation.
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
2. When
setting
the
conditions
referred
to
in
paragraph
1,
achieves an important level of marketed production.
the Member States shall ensure, in particular, compliance with
point (a)(iii) of the first paragraph of Article 122 and
Article 125a(3)(c) of Regulation (EC) No 1234/2007.
2. The
Member
State
in
which
the
head
office
of
the
trans
national producer organisation is located shall be responsible
for the following:
3. The natural or legal persons referred to in paragraph 1
shall not:
(a) recognising the transnational producer organisation;
(a) be taken into account for the recognition criteria;
(b) approving the transnational producer organisation’s oper
ational programme;
(b) benefit directly from the measures financed by the Union.
Member States may restrict or prohibit the natural or legal
(c) establishing the necessary administrative collaboration with
persons’ right to vote on decisions relating to operational
the other Member States in which the members are located
funds, in line with the conditions laid down in paragraph 2.
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
Article 31
located within a reasonable period of time; and
Democratic accountability of producer organisations
1. Member
States
shall
take
all
measures
they
consider
to
be
necessary in order to avoid any abuse of power or influence by
(d) providing, on request of other Member States, all relevant
one or more members over the management and operation of a
documentation, including any applicable legislation available
producer organisation, which shall include voting rights.
to the other Member States in which the members are
located, translated into an official language of the requesting
Member States.
2. Where a producer organisation is a clearly defined part of
a legal entity, Member States may adopt measures to restrict or
prohibit the powers of that legal entity to modify, approve or
Article 29
reject decisions of the producer organisation.
Mergers of producer organisations
1. Where
producer
organisations
have
merged,
the
producer
S e c t i o n 3
organisation resulting from the merger shall replace the merging
producer organisations. The new entity shall assume the rights
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
and obligations of the merging producer organisations.
Article 32
Rules on producer organisations applicable to associations
of producer organisations
The newly merged entity may operate the programmes in
parallel and separately until 1 January of the year following
Articles 22, 26(3), 27 and 31 shall apply mutatis mutandis to
the merger or merge the operational programmes from the
associations of producer organisations. Where the association of
moment of the merger. The operational programmes shall be
producer organisations carries out the selling activity,
merged in accordance with Articles 66 and 67.
Article 26(2) shall apply mutatis mutandis.

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Article 33
sations are located with respect to compliance with the
terms of recognition and the system of checks and
Recognition of associations of producer organisations
sanctions. Those other Member States shall be obliged to
1. Member
States
may
only
recognise
associations
of
give all necessary assistance to the Member State in which
producer organisations under Article 125c of Regulation (EC)
the head office is located; and
No 1234/2007 in respect of the activity or activities concerning
the product or the group of products specified in the appli
cation for recognition.
(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
2. An association of producer organisations may be
located, translated into an official language of the requesting
recognised under Article 125c of Regulation (EC)
Member States.
No 1234/2007 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.
S e c t i o n 4
Article 34
P r o d u c e r g r o u p s
Members of associations of producer organisations which
Article 36
are not producer organisations
Submission of recognition plans
1. Member
States
may
determine
whether
and
on
what 1. A legal entity or clearly defined part of a legal entity shall
conditions any natural or legal person who is not a recognised
submit the recognition plan referred to in Article 125e(1) of
producer organisation may be accepted as a member of an
Regulation (EC) No 1234/2007 to the competent authority of
association of producer organisations.
the Member State in which the entity has its head office.
2. Members of a recognised association of producer organi
sations who are not recognised producer organisations shall
2. Member
States
shall
lay
down:
not:
(a) the minimum criteria which the legal entity or clearly
(a) be considered for the recognition criteria;
defined part of a legal entity shall meet to be able to
submit a recognition plan;
(b) benefit directly from the measures financed by the Union.
(b) the rules for the drafting, content and implementation of
Member States may permit, restrict or prohibit those members’
recognition plans;
right to vote on decisions relating to operational programmes.
(c) the period during which a former member of a producer
Article 35
organisation shall be prohibited from joining a producer
Transnational association of producer organisations
group after leaving the producer organisation in respect of
the products for which the producer organisation was
1. The
head
office
of
the
transnational
association
of
recognised; and
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.
(d) the administrative procedures for the approval, monitoring
and fulfilling of recognition plans.
2. The
Member
State
in
which
the
head
office
of
the
trans
national association of producer organisations is located shall be
Article 37
responsible for the following:
Content of recognition plans
A draft recognition plan shall cover at least the following:
(a) recognising the association;
(b) approving, where necessary, the association’s operational
(a) a description of the initial situation, in particular as regards
programme;
the number of producer members, giving full details of
members, production, including the value of marketed
production, marketing and infrastructure that is at the
(c) establishing the necessary administrative collaboration with
producer group’s disposal, including infrastructure owned
the other Member States in which the associated organi
by individual members of the producer group;

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(b) the proposed date for starting implementation of the plan
(a) on 1 January following the date of its acceptance by the
and its duration, which shall not exceed five years; and
competent authority of the Member State; or
(c) activities and investments to be implemented in order to
achieve recognition.
(b) on the first calendar day following the date of its
acceptance.
Article 38
Approval of recognition plans
The first year of implementation of the recognition plan shall in
any event end on 31 December of the same year.
1. The
competent
authority
of
the
Member
State
shall
decide
on a draft recognition plan within three months of the receipt
of the plan accompanied by all supporting documents. Member
States may provide for a shorter deadline.
2. Member
States
shall
set
the
conditions
under
which
producer groups may request changes to plans during their
implementation. Those requests shall be accompanied by all
2. Member
States
may
adopt
additional
rules
concerning
the the necessary supporting documents.
eligibility of operations and expenditure under recognition
plans, including rules on the eligibility of investments, for the
purpose of achieving compliance by producer groups with the
recognition criteria for producer organisations referred to in
Member States shall determine the conditions under which
Article 125b(1) of Regulation (EC) No 1234/2007.
recognition plans may be amended during an annual or
semestrial segment without prior approval by the competent
authority of the Member State. Those changes shall only be
3. Following the conformity checks referred to in eligible for aid if they are communicated by the producer
Article 111, the competent authority of the Member State
group to the competent authority of the Member State
shall, as appropriate:
without delay.
(a) accept the plan and grant preliminary recognition;
3. The
competent
authority
of
the
Member
State
shall
decide
on changes to plans within three months of receipt of the
request for change, after considering the evidence supplied.
(b) request changes to the plan;
Where no decision is taken on a request for change within
that period, the request shall be deemed to have been
rejected. Member States may provide for a shorter deadline.
(c) reject the plan.
Article 40
Acceptance may be granted, where necessary, only if the
changes requested under point (b) have been incorporated in
Applications for recognition as a producer organisation
the plan.
1. Producer
groups
implementing
a
recognition
plan
may,
at
any time, submit an application for recognition under
Article 125b of Regulation (EC) No 1234/2007. Such appli
The competent authority of the Member State shall notify the
cations shall in any event be submitted before the end of the
legal entity or clearly defined part of a legal entity of its
transitional period referred to in Article 125e(1) of Regulation
decision.
(EC) No 1234/2007.
Article 39
2. From the date on which such an application is lodged, the
Implementation of recognition plans
group in question may submit a draft operational programme
under Article 63.
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 segments.
Article 41
Producer groups’ main activities
For the first year of implementation in accordance with the
1. The
main
activity
of
a
producer
group
shall
relate
to
the
proposed date referred to in Article 37(b), the recognition
concentration of supply and the placing on the market of the
plan shall begin:
products of its members for which it is preliminary recognised.

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2. A
producer
group
may
sell
products
from
producers period other than that in respect of which the instalment is
which are not a member of a producer group, where it is
paid, where checks so require. The difference between the
recognised for those products and provided that the economic
periods shall be less than the actual period concerned.
value of that activity is below the value of the marketed
production of the producer group’s own members and of
members of other producer groups.
4. The exchange rate applicable to the amounts referred to in
paragraphs 1 and 2 shall be the rate most recently published by
Article 42
the European Central Bank prior to the first day of the period
for which the aid in question is granted.
Value of marketed production
1. Article 50(1) to (4) and (7) and the first sentence of
paragraph 6 of that Article shall apply mutatis mutandis to
Article 44
producer groups.
Aid for investments required for recognition
Investments linked to the implementation of recognition plans
2. Where a reduction of the value of marketed production of
referred to in Article 37(c) of this Regulation for which aid is
at least 35 % has occurred due to reasons, duly justified to the
provided for under Article 103a(1)(b) of Regulation (EC)
Member State, falling outside the responsibility and control of
No 1234/2007 shall be financed pro rata to their use for the
the producer group, the total value of marketed production
products of the members of a producer group for which
shall be deemed to represent 65 % of the total value declared
preliminary recognition is granted.
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.
Investments likely to distort competition in respect of the other
economic activities of the producer group shall be excluded
from Union aid.
3. The
value
of
marketed
production
shall
be
as
calculated
under the legislation applicable as regards the period for which
the aid is claimed.
Article 45
Application for aid
Article 43
1. A
producer
group
shall
submit
a
single
application
for
the
Financing of recognition plans
aid referred to in Article 103a(1)(a) and (b) of Regulation (EC)
No 1234/2007 within three months of the end of each annual
1. The rates of aid referred to in Article 103a(3) of Regu
or semestrial period as referred to in Article 43(3) of this
lation (EC) No 1234/2007 shall be reduced by half in relation
Regulation. The application shall include a declaration of the
to marketed production which exceeds EUR 1 000 000.
value of marketed production for the period for which the aid is
claimed.
2. The
aid
referred
to
in
Article
103a(1)(a)
of
Regulation
(EC)
No 1234/2007 shall be subject to an annual ceiling for each
producer group of EUR 100 000.
2. Applications for aid covering semestrial periods may be
submitted only if the recognition plan is broken into semestrial
periods as referred to in Article 39(1). All applications for aid
shall be accompanied by a written declaration from the
3. The
aid
referred
to
in
Article
103a(1)
of
Regulation
(EC) producer group to the effect that the latter:
No 1234/2007 shall be paid:
(a) in annual or semestrial instalments at the end of each
(a) complies and will comply with Regulation (EC)
annual or semestrial period for the implementation of the
No 1234/2007 and with this Regulation; and
recognition plan; or
(b) in instalments covering part of an annual period if the plan
(b) has not benefited, is not benefiting and will not benefit
starts during the annual period or if recognition occurs
either directly or indirectly from duplicate Union or
under Article 125b of Regulation (EC) No 1234/2007
national financing for actions implemented under its recog
before the end of an annual period. In that case, the
nition plan for which Union financing is granted pursuant
ceiling referred to in paragraph 2 of this Article shall be
to this Regulation.
reduced proportionately.
3. Member States shall fix the deadline for paying the aid
In order to calculate the instalments, the Member States may
which in any case shall not be later than six months after the
use as a basis the marketed production corresponding to a
receipt of the application.

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Article 46
producer groups which have been granted preliminary recog
nition and which result from the merger between two or more
Eligibility
producer group granted preliminary recognition.
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
2. For
the
purposes
of
calculating
the
aid
payable
pursuant
producer organisations or groups from which the members of
to paragraph 1, the producer group resulting from the merger
the producer group in question originate and to any movements
shall replace the merging groups.
of members between producer organisations and producer
groups.
3. Where
two
or
more
producer
groups
merge,
the
new
Article 47
entity shall assume the rights and obligations of the producer
Union contribution
group which has been granted preliminary recognition the
earliest.
1. The Union contribution towards aid as referred to in
Article 103a(1)(a) of Regulation (EC) No 1234/2007 shall
amount to:
4. Where
a
producer
group
which
has
been
granted
preliminary recognition merges with a recognised producer
(a) 75 % in the regions eligible under the Convergence
organisation, the resulting entity shall no longer be eligible
Objective; and
for preliminary recognition as a producer group, nor for the
aid referred to in Article 103a(1) of Regulation (EC)
No 1234/2007. The resulting entity shall continue to be
(b) 50 % in other regions.
treated as the recognised producer organisation, provided that
it respects the applicable requirements. If necessary, the
producer organisation shall request a change to its operational
The remainder of the aid shall be paid as a flat-rate payment by
programme, and to this end Article 29 shall apply mutatis
the Member State. The aid application shall not be required to
mutandis.
include evidence as to the use of the aid.
2. The Union contribution towards aid as referred to in
However, actions carried out by producer groups before such a
Article 103a(1)(b) of Regulation (EC) No 1234/2007,
merger shall continue to be eligible under the conditions set out
expressed in terms of a capital grant or capital-grant equivalent,
in the recognition plan.
shall not exceed, as a percentage of eligible investment costs:
(a) 50 % in the regions eligible under the Convergence
Article 49
Objective; and
Consequences of recognition
(b) 30 % in other regions.
1. Aid
as
provided
for
in
Article
103a(1)
of
Regulation
(EC)
No 1234/2007 shall cease once recognition is granted.
The Member States concerned shall undertake to contribute at
least 5 % of eligible investment costs.
2. Where
an
operational
programme
is
submitted
pursuant
to this Regulation, the Member State concerned shall ensure
Beneficiaries of aid towards eligible investment costs shall pay at
that there is no duplicated financing of the measures set out
least:
in the recognition plan.
(a) 25 % in the regions eligible under the Convergence
Objective; and
3. Investments
qualifying
for
the
aid
or
the
costs
referred
to
in Article 103a(1)(b) of Regulation (EC) No 1234/2007 may be
carried over to operational programmes provided they are in
(b) 45 % in other regions.
line with the requirements of this Regulation.
Article 48
Mergers
4. Member States shall fix the period, starting after imple
mentation of the recognition plan, within which the producer
1. Aid
as
provided
for
in
Article
103a(1)
of
Regulation
(EC) group shall be required to be recognised as a producer organi
No 1234/2007 may be given, or may continue to be given, to
sation. The period shall not exceed four months.

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CHAPTER II
(f) 70 % for canned mushrooms of the genus Agaricus;
Operational funds and operational programmes
S e c t i o n 1
(g) 81 % for fruits provisionally preserved in brine;
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 50
(h) 81 % for dried fruits;
Basis for calculation
1. The
value
of
marketed
production
for
a
producer
organi
(i) 27 % for other processed fruit and vegetables;
sation shall be calculated on the basis of the production of the
producer organisation itself and its producer members, and shall
only include the production of those fruits and vegetables for
which the producer organisation is recognised. The value of
(j) 12 % for processed aromatic herbs;
marketed production may include fruit and vegetables that are
not required to conform to the marketing standards, where
those standards do not apply pursuant to Article 4.
(k) 41 % for paprika powder.
4. Member
States
may
allow
producer
organisations
to
2. The
value
of
marketed
production
shall
include
the include the value of the by-products in the value of marketed
production of members who leave or join the producer organi
production.
sation. The Member States shall determine the conditions to
avoid duplicate counting.
5. The
value
of
marketed
production
shall
include
the
value
of market withdrawals disposed of as provided for in
Article 103d(4) of Regulation (EC) No 1234/2007, estimated
3. The
value
of
the
marketed
production
shall
not
include at the average price of those products marketed by the producer
the value of processed fruit and vegetables or any other product
organisation in the previous reference period.
that is not a product of the fruit and vegetables sector.
6. Only
the
production
of
the
producer
organisation
and/or
its producer members which is marketed by that producer
However, the value of the marketed production of fruit and
organisation shall be counted in the value of marketed
vegetables intended for processing, which have been trans
production. The production of the producer members of the
formed into one of the processed fruit and vegetable products
producer organisation marketed by another producer organi
listed in Part X of Annex I to Regulation (EC) No 1234/2007 or
sation designated by their own organisation, pursuant to
any other processed product referred to in this Article and
Article 125a(2)(b) and (c) of Regulation (EC) No 1234/2007
described further in Annex VI to this Regulation, by either a
shall be counted in the value of marketed production of the
producer organisation, an association of producer organisations
second producer organisation.
or their producer members or subsidiaries as referred to in
paragraph 9 of this Article, either by themselves or through
outsourcing, shall be calculated as a flat rate in percentage
applied to the invoiced value of those processed products.
7. The marketed production of fruit and vegetables shall be
That flat rate shall be:
invoiced at the ‘ex-producer organisation’ stage where
applicable, as product listed in Part IX of Annex I to Regulation
(EC) No 1234/2007 which is prepared and packaged, excluding:
(a) 53 % for fruit juices;
(a) VAT;
(b) 73 % for concentrated juices;
(b) 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
(c) 77 % for tomato concentrate;
reductions to be applied to the invoiced value for products
invoiced at different stages of delivery or transport and shall
duly justify in their national strategy what distance shall be
considered as significant.
(d) 62 % for frozen fruit and vegetables;
8. The
value
of
marketed
production
may
also
be
calculated
at the ‘ex-association of producer organisation’ stage and on the
(e) 48 % for canned fruit and vegetables;
same basis as set out in paragraph 7.

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9. The
value
of
marketed
production
may
also
be
calculated 3. The 12-month period shall be the accounting period of
at the ‘ex-subsidiary’ stage, on the same basis as set out in
the producer organisation concerned.
paragraph 7, provided that at least 90 % of the capital of the
subsidiary is owned:
The methodology for fixing the reference period shall not vary
during an operational programme except in duly justified
(a) by one or more producer organisations or associations of
situations.
producer organisations; and/or
4. Where a reduction of at least 35 % in the value of a
(b) subject to Member State approval, by producer members of
product has occurred due to reasons falling outside the respon
the producer organisations or associations of producer
sibility and control of the producer organisation, the value of
organisations, if doing so contributes to the objectives
marketed production of that product shall be deemed to
listed in point (c) of the first paragraph of Article 122
represent 65 % of its value in the previous reference period.
and Article 125b(1)(a) of Regulation (EC) No 1234/2007.
The producer organisation shall justify the reasons referred to in
10. In case of outsourcing, the value of marketed production
the first subparagraph to the competent authority of the
shall be calculated at the ‘ex-producer organisation’ stage and
Member State concerned.
shall include the added economic value of the activity that has
been outsourced by the producer organisation to its members,
third parties or to another subsidiary than the one referred to in
paragraph 9.
5. Where
recently
recognised
producer
organisations
have
insufficient historical data on marketed production for the
purpose of the application of paragraph 2, the value of
marketed production may be considered to be the value of
11. Where
a
reduction
in
production
occurs
due
to
a marketable production provided by the producer organisation
climatic event or animal or plant diseases or pest infestations,
for the purposes of recognition.
any 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 those causes may be included in the value of
The first subparagraph shall apply mutatis mutandis to new
marketed production.
members of a producer organisation who join a producer
organisation for the first time.
Article 51
Reference period
6. Member
States
shall
take
the
measures
necessary
to
gather
information on the value of marketed production of producer
1. The
annual
ceiling
on
aid
referred
to
in
Article
103d(2)
of organisations which have not submitted operational
Regulation (EC) No 1234/2007 shall be calculated each year on
programmes.
the basis of the value of marketed production during a
12-month reference period to be determined by the Member
States.
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 that reference
2. The
reference
period
shall
be
fixed
by
the
Member
States period.
for each producer organisation as:
However, for operational programmes approved by 20 January
(a) a 12-month period, starting no earlier than 1 January three
2010, the value of the marketed production for the years until
years preceding the year for which the aid is requested and
2007 shall be calculated on the basis of the legislation
ending no later than 31 December of the year preceding the
applicable in the reference period, whereas the value of the
year for which the aid is requested; or
marketed production for the years from 2008 shall be
calculated on the basis of the legislation applicable in 2008.
(b) the average value of three consecutive 12-month periods
starting no earlier than 1 January five years preceding the
For operational programmes approved after 20 January 2010,
year for which the aid is requested and ending no later than
the value of the marketed production for the years from 2008
31 December of the year preceding the year for which the
shall be calculated on the basis of the legislation applicable at
aid is requested.
the time the operational programme has been approved.

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S e c t i o n 2
Sections I and Ia of Chapter II of Title II of Part II of Regulation
(EC) No 1234/2007 and this Title.
O p e r a t i o n a l F u n d s
Article 52
Management
2. The
national
strategy,
including
the
integration
of
the
national framework referred to in Article 103f(1) of Regulation
Member States shall ensure that operational funds are managed
(EC) No 1234/2007, shall be established before draft oper
in such a way that it is possible for external auditors to annually
ational programmes are submitted in any given year. The
identify, check and certify their expenditure and revenue.
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 53
Article 103f(1) of Regulation (EC) No 1234/2007.
Financing of operational funds
1. The
financial
contributions
to
the
operational
fund
3. An analysis of the initial situation shall form part of the
referred to in Article 103b(1) of Regulation (EC)
process of drawing up the national strategy and be carried out
No 1234/2007 shall be determined by the producer organi
under responsibility of the Member State. It shall identify and
sation.
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
2. All
producers
shall
have
the
opportunity
to
benefit
from situation, and lay down the most appropriate instruments and
the operational fund, and all producers shall have the oppor
actions for attaining those objectives.
tunity to participate democratically in decisions concerning the
use of the operational fund of the producer organisation and of
the financial contributions to the operational fund.
4. Member States shall also ensure monitoring and
evaluation of the national strategy and its implementation
through operational programmes.
Article 54
Notification of estimated amount
1. Producer
organisations
shall
notify
their
Member
State
of The national strategy may be amended, in particular in the light
the estimated amounts of Union contribution, and the
of monitoring and evaluation. Such amendments shall be made
contribution of its members and of the producer organisation
before the submission of draft operational programmes in any
itself to the operational funds for the following year by
given year.
15 September at the latest, together with the operational
programmes or requests for approval of their amendments.
5. Member States shall set out in the national strategy
maximum percentages of the fund which may be spent on
Member States may set a later date than 15 September.
any individual measure and/or type of action and/or expenditure
in order to ensure an appropriate balance between different
measures.
2. 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
Article 56
expenditure for crisis prevention and management measures
National framework for environmental actions
and other measures.
1. In addition to the submission of the proposed framework
referred to in the second subparagraph of Article 103f(1) of
Regulation (EC) No 1234/2007, Member States shall also
S e c t i o n 3
notify the Commission of any amendments to the national
O p e r a t i o n a l P r o g r a m m e s
framework which shall be subject to the procedure set out in
that subparagraph. The Commission shall make a national
Article 55
framework available to other Member States by the means it
National strategy
considers appropriate.
1. The
overall
structure
and
content
of
the
national
strategy
referred to in Article 103f(2) of Regulation (EC) No 1234/2007
shall be established in accordance with the guidelines set out in
2. The
national
framework
shall
indicate
in
a
separate
section
Annex VII. It may be comprised of regional elements.
the general requirements on complementarity, consistency and
conformity that environmental actions selected under an oper
ational programme shall fulfil, as referred to in the second
sentence of the first subparagraph of Article 103f(1) of Regu
The national strategy shall integrate all the decisions taken and
lation (EC) 1234/2007. The Commission shall provide the
provisions adopted by the Member State in application of
Member States with a model of that section.

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The national framework shall also set out a non-exhaustive list
shall ensure that the national strategy as referred to in
of environmental actions and the conditions thereof applicable
Article 55 of this Regulation indicates the criteria and adminis
in the Member State for the purposes of Article 103c(3) of
trative rules which they will apply in the rural development
Regulation (EC) No 1234/2007. For each environmental
programmes.
action, the national framework shall indicate:
(a) the justification of the action, on the basis of its environ
3. Where
relevant,
and
without
prejudice
to
the
provisions
of
mental impact; and
Articles 103a(3), 103d(1) and (3) and 103e of Regulation (EC)
No 1234/2007 and Article 47 of this Regulation, the level of
support for measures covered by this Regulation shall not
exceed that applicable for the measures under the rural devel
(b) the specific commitment or commitments entailed.
opment programme.
3. Environmental
actions
which
are
similar
to
agri-environ
mental commitments supported under a rural development
4. Support
for
environmental
actions,
other
than
acquisition
programme shall have the same duration as those
of fixed assets, shall be limited to the maximum amounts laid
commitments. They shall be continued in a subsequent oper
down in the Annex I to Regulation (EC) No 1698/2005 for
ational programme, where the duration of similar agri-environ
agri-environment payments. Those amounts may be increased
mental commitments would exceed the duration of the initial
in exceptional cases taking account of specific circumstances to
operational programme. However, Member States may authorise
be justified in the national strategy as referred to in Article 55
shorter durations for environmental actions or even their
of this Regulation and in the operational programmes of the
discontinuance in duly justified cases, and in particular based
producer organisations. The amounts for environmental actions
upon the results of the mid-term evaluation referred to in
may also be increased in order to support operations related to
Article 126(3) of this Regulation.
the priorities identified in Article 16a of Regulation (EC)
No 1698/2005.
The national framework shall indicate the duration of the
actions referred to in sub-paragraph 1 and, where appropriate,
the obligation to continue the action in a subsequent oper
5. Paragraph
4
shall
not
apply
to
environmental
actions
ational programme.
which do not relate directly or indirectly to a particular parcel.
Article 57
Article 59
Complementary Member State rules
Contents of operational programmes
Member States may adopt rules complementing Regulation (EC)
No 1234/2007 and this Regulation concerning the eligibility
Operational programmes shall include the following:
of measures, actions or expenditure under operational
programmes.
(a) a description of the initial situation, based, where relevant,
Article 58
on the common baseline indicators listed in Annex VIII;
Relationship with rural development programmes
1. Subject
to
paragraph
2,
no
support
under
the
Member
State’s rural development programme or programmes
(b) the objectives of the programme, taking into consideration
approved under Council Regulation (EC) No 1698/2005 (
the outlook for production and outlets, and an explanation

1 ),
shall be granted to actions which are covered by measures set
of how the programme contributes to the national strategy
out by this Regulation.
and confirmation that it is consistent with the national
strategy, including in its balance between activities. The
description of the objectives shall refer to objectives
defined in the national strategy and indicate measurable
2. Where
in
accordance
with
Article
5(6)
of
Regulation
(EC)
targets, so as to facilitate the monitoring of progress
No 1698/2005 support has exceptionally been granted to
gradually made in implementing the programme;
measures which would be potentially eligible under this Regu
lation, Member States shall ensure that a beneficiary may receive
support for a given action only under one scheme.
(c) a detailed description of the measures, including those for
crisis prevention and management, containing separate
To that end, when Member States include measures containing
actions, to be taken and the means for attaining those
such exceptions in their rural development programmes, they
objectives in each year of implementation of the
programme. The description shall indicate the extent to
( 1 ) OJ L 277, 21.10.2005, p. 1.
which the different measures proposed:

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(i) complement and are consistent with other measures,
the producer organisation is recognised. To be counted in the
including measures financed or eligible for support by
50 %, the products shall come from the producer organisation’s
other Union funds, and in particular rural development
members or producer members of another producer organi
support. In this respect, a specific reference shall also be
sation or association of producer organisations. Article 50
made, if appropriate, to measures carried out under
shall apply mutatis mutandis to the calculation of the value.
previous operational programmes;
(ii) do not entail any risk of double financing by Union
4. The
following
rules
shall
apply
to
environmental
actions:
funds;
(d) the duration of the programme; and
(a) various environmental actions may be combined provided
that they are complementary and compatible. Where envi
(e) the financial aspects, namely:
ronmental actions are combined, the level of support shall
take account of the specific income foregone and additional
costs resulting from the combination;
(i) the method of calculation and the level of financial
contributions;
(b) commitments to limit the use of fertilisers, plant protection
(ii) the procedure for financing the operational fund;
products or other inputs shall be accepted only if such
limitations can be assessed in a way that provides
reasonable assurance about compliance with those
(iii) information necessary to justify different levels of
commitments;
contribution; and
(iv) the budget and timetable for undertaking operations for
each year of implementation of the programme.
(c) actions related to the environmental management of
packaging shall be properly justified and go beyond the
requirements set out by the Member State in accordance
Article 60
with Directive 94/62/EC of the European Parliament and
of the Council ( 2 ).
Eligibility of actions under operational programmes
1. Operational programmes shall not include actions or
expenditure referred to in the list set out in Annex IX.
Member States shall, in the national strategies referred to in
Article 55 of this Regulation, set out a maximum percentage
2. Expenditure
under
operational
programmes
eligible
for
aid of the annual expenditure under an operational programme that
shall be restricted to the actual costs incurred. However,
may be spent on actions related to the environmental
Member States may instead fix standard flat rates in advance
management of packaging. That percentage shall not be
and in a duly justified way in the following cases:
higher than 20 %, except in order to take account of specific
national/regional circumstances to be justified in the national
strategy.
(a) where such standard flat rates are referred to in Annex IX;
(b) for additional per-kilometre external transport costs,
5. Investments,
including
those
under
leasing
contracts,
the
compared to road haulage costs, incurred when using rail
repayment period of which exceeds the length of the oper
and/or ship transport as part of a measure to respect the
ational programme may be carried over to a subsequent oper
environment; and
ational programme on duly justified economic grounds, and in
particular in cases where the fiscal depreciation period is longer
than five years.
(c) for additional costs and income foregone resulting from
environmental actions, calculated in conformity with
Article 53(2) of Commission Regulation (EC) No
1974/2006 ( 1 ).
Where investments are replaced, the residual value of the
investments replaced shall be:
Member States shall review such rates at least every five years.
3. In order for an action to be eligible, more than 50 % by
(a) added to the operational fund of the producer organisation;
value of the products concerned by it shall be those for which
or
( 1 ) OJ L 368, 23.12.2006, p. 15.
( 2 ) OJ L 365, 31.12.1994, p. 10.

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(b) subtracted from the cost of the replacement.
3. Member
States
shall
ensure
that:
6. Investments
or
actions
may
be
implemented
on
individual (a) the actions are fully financed from contributions of
holdings and/or premises of producer members of the producer
members of associations of producer organisations which
organisation, or association of producer organisations including
are producer organisations, paid out of the operational
where the actions are outsourced to members of the producer
funds of those producer organisations. However, the
organisation or association of producer organisations, provided
actions may be financed in a proportional amount to the
that they contribute to the objectives of the operational
contribution of member producer organisations, by
programme. If the producer member leaves the producer
producer members of associations of producer organisations
organisation, Member States shall ensure that the investment
which are not producer organisations pursuant to
or its residual value is recovered. However, in duly justified
Article 34;
circumstances, Member States may provide that the producer
organisation shall not be required to recover the investment or
its residual value.
(b) the actions and the corresponding financial participation are
listed in the operational programme of each participating
7. Investments
and
actions
related
to
the
transformation
of
producer organisation;
fruit and vegetables into processed fruit and vegetables may be
eligible for support where such investments and actions pursue
the objectives referred to in Article 103c(1) of Regulation (EC)
No 1234/2007, including those referred to in point (c) of the
(c) there is no risk of duplicate aid.
first paragraph of Article 122 of that Regulation, and provided
that they are identified in the national strategy referred to in
Article 103f(2) of Regulation (EC) No 1234/2007.
4. Articles 58, 59 and 60, Article 61(b) and (c) and Articles
63 to 67 shall apply mutatis mutandis to operational
programmes of associations of producer organisations.
Article 61
However, a balance between the activities referred to in
Article 59(b) shall not be required in respect of partial oper
Documents to be submitted
ational programmes of associations of producer organisations.
Operational programmes shall in particular be accompanied by:
Article 63
(a) evidence of the setting-up of an operational fund;
Time limit for submission
1. Operational
programmes
shall
be
submitted
for
approval
(b) a written undertaking from the producer organisation to
by the producer organisation to the competent authority in the
comply with Regulation (EC) No 1234/2007 and this Regu
Member State in which the producer organisation has its head
lation; and
quarters by 15 September of the year preceding that in which
they are to be implemented, at the latest. However, the Member
States may postpone that date.
(c) a written undertaking from the producer organisation that it
has not received and will not receive, directly or indirectly,
any other Union or national funding in respect of actions
2. When
a
legal
entity
or
clearly
defined
part
of
a
legal
qualifying for aid under this Regulation.
entity, including a producer group, submits an application for
recognition as a producer organisation it may, at the same time,
submit the operational programme referred to in paragraph 1
Article 62
for approval. Approval of the operational programme shall be
subject to obtainment of recognition no later than on the final
Operational programmes of associations of producer
date laid down in Article 64(2).
organisations
1. A
Member
State
may
authorise
an
association
of
producer
organisations to present an entire or a partial operational
Article 64
programme, which shall consist of actions identified, but not
implemented by two or more member producer organisations
Decision
in their operational programmes.
1. The
competent
authority
of
the
Member
State
shall,
as
appropriate:
2. The
operational
programmes
of
the
associations
of
producer organisations shall be considered together with the
operational programmes of the member producer organisations,
(a) approve amounts of operational funds and operational
including as regards the fulfilment of the objectives and limits
programmes which meet the requirements of Regulation
established in Article 103c of Regulation (EC) 1234/2007.
(EC) No 1234/2007 and those of this Chapter;

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(b) approve the operational programmes, on condition that
2. The
competent
authority
of
the
Member
States
shall
take
certain amendments are accepted by the producer organi
decisions on amendments to operational programmes requested
sation; or
under paragraph 1 by 20 January of the year following the year
for which amendments have been requested.
(c) reject the operational programmes or parts thereof.
3. Producer organisations may be authorised by the
competent authority of the Member State, during the year to:
2. The
competent
authority
of
the
Member
State
shall
take
decisions on operational programmes and operational funds by
15 December of the year in which they are submitted.
(a) implement their operational programmes in part only;
Member States shall notify the producer organisations of those
decisions by 15 December.
(b) change the contents of the operational programme;
However, for duly justified reasons, the competent authority of
(c) increase the amount of the operational fund by a maximum
the Member State may take a decision on operational
of 25 %, and decrease it by a percentage to be fixed by
programmes and operational funds by 20 January following
Member States, of the amount initially approved, provided
the date of submission. The approval decision may stipulate
that the overall objectives of the operational programme are
that expenditure is eligible from 1 January of the year
maintained. Member States may increase this percentage in
following the submission.
case of mergers of producer organisations as referred to in
Article 29(1);
Article 65
Amendments to operational programmes for subsequent
(d) add national financial assistance to the operational fund in
years
case of application of Article 93.
1. Producer
organisations
may
request
amendments
to
oper
ational programmes, including their duration, by 15 September
at the latest, to be applied as from 1 January of the following
4. Member
States
shall
determine
the
conditions
under
which
year.
operational programmes may be amended during the year
without prior approval by the competent authority of the
Member State. Those amendments are only eligible for aid if
However, Member States may postpone the date for submitting
they are notified by the producer organisation to the competent
requests.
authority without delay.
2. Requests
for
amendments
shall
be
accompanied
by
Article 67
supporting documents giving the reason, nature and impli
cations of the changes.
Format of operational programmes
1. Operational
programmes
shall
be
implemented
in
annual
periods running from 1 January to 31 December.
3. The
competent
authority
of
the
Member
State
shall
take
decisions on requests for amendments to operational
programmes by 15 December of the year of the request.
2. Operational
programmes
approved
on
15
December
at
the latest shall be implemented from 1 January of the
following year.
However, for duly justified reasons, the competent authority of
the Member State may take a decision on amendments to oper
ational programmes by 20 January following the year of the
request. The approval decision may stipulate that expenditure is
The implementation of programmes approved after 15
eligible from 1 January following the year of the request.
December shall be postponed for one year.
Article 66
By way of derogation from the first and second subparagraphs
Amendments to operational programmes during the year
of this paragraph, where the third subparagraph of Article 64(2)
or the second subparagraph of Article 65(3) apply, the imple
1. Member
States
may
authorise
amendments
to
operational mentation of operational programmes approved in accordance
programmes during the year, under conditions to be determined
with those provisions shall start not later than 31 January
by them.
following their approval.

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S e c t i o n 4
(i) in the case of an application for payment based on a
standard flat rate as referred to in Article 60(2), proof of
A i d
the implementation of the action concerned.
Article 68
Approved amount of aid
1. Member
States
shall
notify
producer
organisations
and
3. The
aid
applications
may
cover
expenditure
programmed
associations of producer organisations of the approved
but not incurred if the following elements are proved:
amount of aid, as required by Article 103g(3) of Regulation
(EC) No 1234/2007, by 15 December of the year preceding
the year for which aid is requested.
(a) the operations concerned could not be carried out by
31 December of the year of implementation of the oper
ational programme, for reasons beyond the control of the
2. Where
the
third
subparagraph
of
Article
64(2)
or
the
producer organisation concerned;
second subparagraph of Article 65(3) apply, Member States
shall give notification of the approved amount of aid by 20
January of the year for which aid is requested.
(b) those operations can be carried out by 30 April of the year
following the year for which the aid is requested; and
Article 69
Aid applications
1. Producer
organisations
shall
submit
an
application
for
aid (c) an equivalent contribution from the producer organisation
or the balance thereof to the competent authority of the
remains in the operational fund.
Member State for each operational programme for which aid
is requested by 15 February of the year following the year for
which the aid is requested.
The aid shall be paid and the security lodged in accordance with
Article 71(3) shall be released only on condition that proof of
implementation of the programmed expenditure referred to in
2. The
aid
applications
shall
be
accompanied
by
supporting point (b) of the first subparagraph is provided by 30 April of
documents showing:
the year following that for which the expenditure in question
was programmed, and on the basis of the entitlement to the aid
actually established.
(a) the aid requested;
(b) the value of marketed production;
4. Where
applications
are
submitted
after
the
date
provided
for in paragraph 1, the aid shall be reduced by 1 % for each day
late.
(c) the financial contributions levied on its members and those
of the producer organisation itself;
In exceptional and duly justified cases, the competent authority
of the Member State may accept applications after the date
(d) the expenditure incurred in respect of the operational
provided for in paragraph 1, if the necessary checks have
programme;
been carried out and the time limit for payment provided for
in Article 70 is complied with.
(e) the expenditure concerning crisis prevention and
management broken down by actions;
5. Associations
of
producer
organisations
may
submit
an
application for aid as referred to in paragraph 1 in the name
and on behalf of their members, where those members are
(f) the proportion of the operational fund spent on crisis
producer organisations and provided that the supporting
prevention and management broken down by actions;
documents requested under paragraph 2 are submitted for
each member. The producer organisations shall be the final
beneficiaries of the aid.
(g)
compliance with Article 103c(2), with the first
subparagraph of Article 103c(3) and with Article 103d of
Regulation (EC) No 1234/2007;
Article 70
Payment of the aid
(h) a written undertaking that it has not received any duplicate
Union or national funding in respect of measures and/or
Member States shall pay the aid by 15 October of the year
operations qualifying for aid under this Regulation; and
following the year of implementation of the programme.

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Article 71
6. Member
States
may
set
a
minimum
amount
and
the
deadlines for advance payments.
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
Article 72
operational programme during the three- or four-month
Partial payments
period starting in the month in which the application for an
advance payment is submitted.
Member States may permit producer organisations to apply for
the payment of the part of the aid corresponding to the
amounts already spent under the operational programme.
2. Applications
for
advance
payments
shall
be
submitted
as
decided by the Member State, either on three-monthly basis in
January, April, July and October or on a four-monthly basis in
Applications may be submitted at any time, but no more than
January, May and September.
three times in any given year. They shall be accompanied by
supporting documents, such as invoices and documents proving
that payment has been made.
Total advance payments made for a given year may not exceed
80 % of the initially approved amount of aid for the operational
programme.
Payments in respect of applications for parts of the aid may not
exceed 80 % of the part of the aid corresponding to the
3. Advances
shall
be
paid
subject
to
the
lodging
of
a
security amounts already spent under the operational programme for
equivalent to 110 % thereof in accordance with Commission
the period concerned. Member States may set a minimum
Regulation (EEC) No 2220/85 ( 1 ).
amount for partial payments and deadlines for applications.
Conditions shall be provided for by the Member States to
ensure that financial contributions to the operational fund
CHAPTER III
have been levied in accordance with Article 52 and
Crisis prevention and management measures
Article 53 of this Regulation and previous advance payments
and the corresponding producer organisation contribution have
S e c t i o n 1
actually been spent.
G e n e r a l P r o v i s i o n s
Article 73
4. Applications
for
the
release
of
securities
may
be
submitted
Selection of crisis prevention and management measures
during the current programme year and shall be accompanied
by supporting documents, such as invoices and documents
Member States may provide that one or more of the measures
proving that payment has been made.
listed in Article 103c(2) of Regulation (EC) No 1234/2007 shall
not apply in their territory.
Securities shall be released in respect of up to 80 % of advances
paid.
Article 74
Loans to finance crisis prevention and management
5. The primary requirement within the meaning of
measures
Article 20(2) of Regulation (EEC) No 2220/85 shall cover the
Loans taken out to finance crisis prevention and management
performance of the operations set out in the operational
measures pursuant to the third subparagraph of Article 103c(2)
programmes subject to the undertakings provided for in
of Regulation (EC) No 1234/2007 the repayment period of
Article 61(b) and (c) of this Regulation.
which exceeds the length of the operational programme may,
on duly justified economic grounds, be carried over to a
subsequent operational programme.
In the event of failure to comply with the primary requirement
or of serious failure to meet the obligations provided for in
Article 61(b) and (c) the security shall be forfeited, without
prejudice to other sanctions and penalties to be applied in
S e c t i o n 2
accordance with Section 3 of Chapter V.
M a r k e t w i t h d r a w a l s
Article 75
In the event of failure to comply with other requirements, the
security shall be forfeited in proportion to the gravity of the
Definition
irregularity that has been established.
This Section lays down rules concerning market withdrawals
as referred to in Article 103c(2)(a) of Regulation (EC)
( 1 ) OJ L 205, 3.8.1985, p. 5.
No 1234/2007.

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15.6.2011
For the purposes of this Chapter, ‘products withdrawn from the
of the Member States, by written telecommunication or elec
market’, ‘withdrawn products’ and ‘products not put up for sale’
tronic message, of each withdrawal operation they intend to
mean products which are so withdrawn from the market.
undertake.
Article 76
Such notification shall specify, in particular, the list of products
taken into intervention and their principal characteristics
Marketing standards
according to the relevant marketing standards, the estimated
1. Where
a
marketing
standard
as
referred
to
in
Title
II
exists quantity of each product concerned, their intended destination
for a given product, such product withdrawn from the market
and the place where the withdrawn products may be inspected
shall comply with that standard, except for the provisions on
as provided for in Article 108.
the presentation and marking of products. Products may be
withdrawn in bulk, all sizes together, provided that the
minimum requirements for class II, in particular as regards
quality and size, are complied with.
Notifications shall include a certificate attesting that the
withdrawn products conform to the applicable marketing
standards or minimum requirements referred to in Article 76.
However, miniature produce as defined in the relevant standard
shall comply with the applicable marketing standard, including
the provisions on the presentation and marking of products.
2. Member
States
shall
lay
down
detailed
rules
for
producer
organisations as regards notifications provided for in paragraph
1, in particular as regards time limits.
2. If
no
such
marketing
standard
exists
for
a
given
product,
the minimum requirements laid down in Annex X shall be met
by products withdrawn from the market. The Member States
3. Within
the
time
limits
referred
to
in
paragraph
2,
the
may lay down additional rules supplementing those minimum
Member States shall:
requirements.
(a) either carry out the check referred to in Article 108(1),
Article 77
following which, if no irregularities are detected, it shall
Three-year average for market withdrawals for free
authorise the withdrawal operation as noted in the check;
distribution
or;
1. The limit of 5 % of the volume of marketed production
referred to in Article 103d(4) of Regulation (EC) No 1234/2007
shall be calculated on the basis of an arithmetic mean of the
(b) in the cases referred to in Article 108(3), not carry out the
overall volumes of products for which the producer organi
check referred to in Article 108(1), in which case it shall
sation is recognised and are marketed through the producer
inform the producer organisation of this by a written tele
organisation during the three previous years.
communication or an electronic message and authorise the
withdrawal operation as notified.
2. For
recently
recognised
producer
organisations,
the
data
for marketing years prior to recognition shall be:
Article 79
Support
1. The
support,
comprising
both
the
Union
contribution
and
(a) where the organisation was a producer group, the equivalent
the producer organisation contribution, for market withdrawals
data for that producer group, where applicable; or
shall be no more than the amounts set out in Annex XI for the
products referred to in that Annex. For other products, Member
States shall set maximum amounts of support.
(b) the volume applicable to the application for recognition.
In case the producer organisation has received compensation
from third parties for withdrawn products, the support
Article 78
referred to in the first subparagraph shall be reduced by the
Prior notification of withdrawal operations
net receipts earned by the producer organisations from the
products withdrawn from the market. In order to be eligible
1. Producer
organisations
and
associations
of
producer for support, the products concerned shall be withdrawn from
organisations shall notify in advance the competent authorities
the commercial market for fruit and vegetables.

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2. Market
withdrawals
shall
not
exceed
5
%
as
a
proportion such payment only compensates for processing costs and
of the volume of the marketed production of any given product
where the Member State in which the payment takes places
in any given producer organisation. However, amounts which
has provided for rules ensuring that processed products are
are disposed of in one of the ways referred to in Article 103d(4)
indeed destined for consumption by the final recipients
of Regulation (EC) No 1234/2007 or any other way approved
referred to in the second subparagraph.
by Member States under Article 80(2) of this Regulation shall
not be taken into account in that proportion.
Member States shall take all the necessary steps to facilitate
contacts and co-operation between producer organisations and
the charitable organisations and institutions referred to in
The volume of marketed production shall be calculated as
Article 103d(4) of Regulation (EC) No 1234/2007 they have
average of the volume of marketed production in the
approved.
previous three years. If this information is not available, the
volume of marketed production for which the producer organi
sation was recognised shall be used.
3. Disposal
of
products
to
the
processing
industry
shall
be
possible. Member States shall adopt detailed provisions to
ensure that no distortion of competition occurs for the
The percentages referred to in the first subparagraph shall be
industries concerned within the Union or for imported
annual averages over a three year period, with 5 percentage
products and that products withdrawn do not enter the
points of annual margin of overrun.
commercial market again. The alcohol resulting from distillation
shall be used exclusively for industrial or energy purposes.
3. The
Union
financial
assistance
in
case
of
market
with
Article 81
drawals of fruit and vegetables which are disposed of by way
of free distribution to the charitable organisations and the insti
Transport costs
tutions referred to in Article 103d(4) of Regulation (EC) No
1. The
transport
costs
for
the
free
distribution
of
all
products
1234/2007 shall only cover payment for the disposed
withdrawn from the market shall be eligible under the oper
products in accordance with paragraph 1 of this Article and
ational programme on the basis of the flat-rate amounts set
the costs referred to in Articles 81(1) and 82(1) of this Regu
according to the distance between the point of withdrawal
lation.
and the place of delivery set out in Annex XII.
In the case of sea transport, the Member States shall determine
Article 80
the distance between the point of withdrawal and the place of
Destinations for withdrawn products
delivery. The compensation may not exceed the cost of land
transport over the shortest route between the place of loading
1. Member
States
shall
lay
down
the
permissible
destinations and the theoretical point of exit where land transport is
for products withdrawn from the market. They shall adopt
possible. A correcting coefficient of 0,6 shall be applied to
provisions to ensure that no negative impact on the
the amounts as set out in Annex XII.
environment nor any negative phytosanitary consequences
result from the withdrawal or its destination. Costs incurred
by the producer organisations due to compliance with these
provisions shall be eligible as part of the support for market
2. The
transport
costs
shall
be
paid
to
the
party
which
withdrawals under the operational programme.
actually bears the financial cost of the transport operation in
question.
2. The
destinations
referred
to
in
paragraph
1
shall
include Payment shall be subject to the presentation of supporting
free distribution within the meaning of Article 103d(4) of Regu
documents certifying in particular:
lation (EC) No 1234/2007 and any other equivalent desti
nations approved by Member States.
(a) the names of the beneficiary organisations;
Member States may allow the charitable organisations and insti
(b) the quantity of the products concerned;
tutions referred to in Article 103d(4) of Regulation (EC)
No 1234/2007, to ask a symbolic contribution from the final
recipients of products withdrawn from the market, in case those
products have undergone processing.
(c) acceptance by the beneficiary organisations and the means
of transport used; and
Payment in kind by the beneficiaries of free distribution to
(d) the distance between the place of withdrawal and the place
processors of fruit and vegetables may be allowed, where
of delivery.

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Article 82
(a) comply with this Regulation;
Sorting and packing costs
1. The costs of sorting and packaging fruit and vegetables
(b) keep separate stock records and financial accounts for the
withdrawn from the market for free distribution shall be eligible
operations in question if the Member States considers it as
under operational programmes, in the case of products put up
appropriate despite the fact that the product has been
in packages of less than 25 kilograms net weight at the flat-rate
denatured before delivery;
amounts set out in Part A of Annex XIII.
2. Packages
of
products
for
free
distribution
shall
display
the (c) accept the checks provided for by Union law; and
European emblem together with one or more of the references
set out in Part B of Annex XIII.
(d) not request additional aid for the alcohol produced from the
3. The
costs
of
sorting
and
packaging
shall
be
paid
to
the
products concerned in the case of withdrawn products
producer organisations which have performed those operations.
intended for distillation.
Payment shall be subject to the presentation of supporting
documents certifying in particular:
S e c t i o n 3
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
(a) the names of the beneficiary organisations;
Article 84
Definitions of green harvesting and non-harvesting
(b) the quantity of the products concerned; and
1. For the purposes of this Regulation, the following defi
nitions shall apply:
(c) acceptance by the beneficiary organisations, specifying the
presentation.
(a) ‘green harvesting’ means the total harvesting of non-
marketable products on a given area carried out before
Article 83
the beginning of the normal harvest. The products
concerned shall not have been already damaged prior to
Conditions for the recipients of withdrawn products
the green harvesting, whether due to climatic reasons or
1. The recipients of withdrawn products referred to in
disease or otherwise.
Article 103d(4) of Regulation (EC) No 1234/2007 shall
undertake to:
(b) ‘non-harvesting’ means the situation where no commercial
(a) comply with this Regulation;
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
(b) keep separate stock records and financial accounts for the
non-harvesting.
operations in question;
2. Green
harvesting
and
non-harvesting
shall
be
additional
to
(c) accept the checks provided for by Union law; and
and different from normal cultivation practices.
(d) provide the supporting documents on the final destination
of each of the products concerned, in the form of a take-
Article 85
over certificate (or equivalent document) certifying that the
withdrawn products have been taken over by a third party
Conditions for the application of green harvesting and
with a view to their free distribution.
non-harvesting
1. In
relation
to
green
harvesting
and
non-harvesting,
Member States shall:
Member States may decide that recipients do not have to keep
records or accounts referred to in point (b) of the first
subparagraph, if they receive only small quantities and where
they consider that the risk is low. That decision and its justifi
(a) adopt detailed provisions on the implementation of the
cation shall be recorded.
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
2. The
recipients
of
withdrawn
products
for
other
desti
of the measures, as well as the list of products eligible under
nations shall undertake to:
the measures;

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(b) adopt provisions to ensure that no negative impact on the
cation actions not related to crisis prevention and management
environment nor any negative phytosanitary consequences
being applied by the producer organisation concerned.
result from the implementation of the measures;
S e c t i o n 5
(c) check that the measures are carried out correctly, including
in relation to the provisions referred to in points (a) and (b),
T r a i n i n g
and, if this is not the case, not to approve the application of
the measures.
Article 87
Implementation of training actions
Member States shall adopt detailed provisions on the implemen
2. Producer
organisations
and
associations
of
producer tation of training actions.
organisations shall notify in advance the competent authorities
of the Member State, by written telecommunication or elec
tronic message, of each green harvesting or non-harvesting
operation they intend to undertake.
S e c t i o n 6
H a r v e s t i n s u r a n c e
They shall include in the first notification of any given year and
Article 88
for a given product, an analysis based on the expected market
Objective of harvest insurance actions
situation which justifies green harvesting as a crisis prevention
measure.
Harvest insurance actions shall be managed by a producer
organisation which shall contribute to safeguarding producers’
incomes and to covering market losses incurred by the producer
organisation and/or its members where they are affected by
3. Green
harvesting
and
non-harvesting
shall
not
both
be natural disasters, climatic events and, where appropriate,
applied for the same product and the same given area in any
diseases or pest infestations.
given year, or in any two consecutive years.
4. Compensation
amounts,
comprising
both
the
Union
Article 89
contribution and the producer organisation contribution for
Implementation of harvest insurance actions
green harvesting and non-harvesting shall be per hectare
payments set by the Member State under paragraph 1(a):
1. Member
States
shall
adopt
detailed
provisions
on
the
implementation of harvest insurance actions, including those
necessary to ensure that harvest insurance actions do not
distort competition in the insurance market.
(a) at the level to cover only additional costs generated by the
application of the measure, taking into account the environ
mental and phytosanitary management needed to comply
with the provisions adopted pursuant to paragraph 1(b); or
2. Member
States
may
grant
additional
national
financing
to
support harvest insurance actions which are benefiting from the
operational fund. However, total public support for harvest
(b) at a level to cover not more than 90 % of the maximum
insurance may not exceed:
support level for market withdrawals as referred to in
Article 79.
(a) 80 % of the cost of the insurance premiums paid for by
producers for insurance against losses as a result of adverse
S e c t i o n 4
climatic events which can be assimilated to natural disasters;
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 86
(b) 50 % of the cost of the insurance premiums paid for by
Implementation of promotion and communication
producers for insurance against:
measures
1. Member
States
shall
adopt
detailed
provisions
on
the
implementation of promotion and communication measures.
Those provisions shall allow for the rapid application of the
(i) losses referred to in point (a) and against other losses
measures when required.
caused by adverse climatic events; and
2. Actions
under
promotion
and
communication
measures
(ii) losses caused by animal or plant diseases or pest infes
shall be additional to any on-going promotion and communi
tations.

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The limit set out in point (b) of the first subparagraph shall
(b) 4 % and 2 % respectively in other Member States.
apply even in cases where the operational fund is otherwise
eligible for 60 % Union financial assistance pursuant to
Article 103d(3) of Regulation (EC) No 1234/2007.
4. Member
States
may
fix
ceilings
for
the
amounts
that
may
be received by a producer organisation as support for the
3. Harvest
insurance
actions
shall
not
cover
insurance administrative cost of setting up mutual funds.
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.
CHAPTER IV
National Financial Assistance
Article 91
4. For
the
purposes
of
this
Article,
an
‘adverse
climatic
event
which can be assimilated to a natural disaster’ shall have the
Degree of organisation of producers
same meaning as in Article 2(8) of Commission Regulation (EC)
No 1857/2006 (
1. For the purposes of Article 103e(1) of Regulation (EC)

1 ).
No 1234/2007, the degree of organisation of producers in a
region of a Member State shall be calculated as the value of fruit
and vegetable production that was obtained in the region and
S e c t i o n 7
marketed by producer organisations, associations of producer
organisations and producer groups divided by the total value
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
of the fruit and vegetable production that was obtained in that
s e t t i n g u p m u t u a l f u n d s
region.
Article 90
Conditions for support for the administrative cost of
setting up mutual funds
2. The degree of organisation of producers in a region of a
1. Member
States
shall
adopt
detailed
provisions
for
support Member State shall be considered as particularly low where the
for the administrative cost of setting up mutual funds.
average of the degrees, calculated as provided for in paragraph 1
for the last three years for which the data are available is less
than 20 %.
2. Support
for
the
administrative
cost
of
setting
up
mutual
funds shall comprise both the contribution from the Union and
the contribution from the producer organisation. The total
Only fruit and vegetable production generated in the region
amount of support for the administrative cost of setting up
referred to in this article may benefit from national financial
mutual funds shall not exceed the following proportion of the
assistance. For the purposes of this Chapter, a region shall be
contribution of the producer organisation to the mutual fund in
considered as a distinct part of the territory of a Member State,
the first, second and third year of its operation:
as a result of its administrative, geographical or economic char
acteristics.
(a) 10 %, 8 % and 4 % respectively in the Member States which
acceded to the European Union on 1 May 2004 or
thereafter;
Article 92
Authorisation to pay national financial assistance
1. Member
States
shall
submit
a
request
to
the
Commission
(b) 5 %, 4 % and 2 % respectively in other Member States.
for authorisation to grant national financial assistance pursuant
to Article 103e(1) of Regulation (EC) No 1234/2007 for oper
ational programmes to be implemented in any given calendar
3. A
producer
organisation
may
receive
the
support
referred year by 31 January of that year.
to in the paragraph 2 only once and only within the three first
years of operation of the fund. Where a producer organisation
only asks for support in the second or the third year of
operation of the fund, the support shall be:
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 91 of this Regulation, that
only products of the fruit and vegetables sector produced in
(a) 8 % and 4 % respectively in the Member States which
that region benefit from assistance, as well as details of the
acceded to the European Union on 1 May 2004 or
producer organisations concerned, the amount of assistance
thereafter;
concerned and the proportion of financial contributions being
made pursuant to Article 103b(1) of Regulation (EC)
( 1 ) OJ L 358, 16.12.2006, p. 3.
No 1234/2007.

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2. The
Commission
shall
approve
or
refuse
the
request authorisation and reimbursement of national financial assistance
within three months of its submission. If the Commission
have not been complied with or where the rules on producer
does not reply within this period the request shall be considered
organisations, the operational fund and operational programmes
to have been approved.
laid down in this Regulation or Regulation (EC) 1234/2007
have not been respected by the requesting Member State.
If the request is incomplete, the three-month period is
3. Where Union reimbursement of the assistance has been
suspended and the Member State is informed about the non-
approved, the eligible expenditure shall be declared to the
compliance found. The suspension shall take effect from the
Commission in accordance with the procedure set out in
date on which the Member State is informed of the suspension
Article 5 of Commission Regulation (EC) No 883/2006 ( 1 ).
and shall last until a complete request is received.
4. The
proportion
of
Union
reimbursement
of
national
financial assistance shall not exceed 60 % of the national
Article 93
financial assistance granted to the producer organisation.
Amendments to the operational programme
A producer organisation wishing to apply for national financial
CHAPTER V
assistance shall, if necessary, amend its operational programme
pursuant to Articles 65 or 66.
General Provisions
S e c t i o n 1
R e p o r t s a n d n o t i f i c a t i o n s
Article 94
Article 96
Application for and payment of the national financial
Producer groups and producer organisations’ reports
assistance
1. At the request of the competent authority of the Member
1. Producer
organisations
shall
apply
for
the
national State, producer groups and producer organisations shall provide
financial assistance, and Member States shall pay the aid, in
any relevant information needed for the drawing up of the
accordance with Articles 69 and 70.
annual report referred to in Article 97(b).
2. Producer
organisations
shall
submit
annual
reports,
2. Member
States
may
adopt
additional
rules
on
the
payment accompanying applications for aid, on the implementation of
of the national financial assistance, including the possibility of
operational programmes.
advance and partial payments.
Those reports shall concern the following:
Article 95
Union reimbursement of the national financial assistance
(a) operational programmes implemented during the preceding
year;
1. Member
States
may
request
Union
reimbursement
of
approved national financial assistance actually paid to
producer organisations, before 1 January of the second year
following the year of implementation of the programme.
(b) main amendments to operational programmes; and
(c) variances between estimated aid and aid applied for.
The request shall be accompanied by evidence showing that the
conditions set out in Article 103e(1) of Regulation (EC)
No 1234/2007 have been fulfilled in three of the previous
3. For
each
operational
programme
implemented,
the
annual
four years, as well as details of the producer organisations
report shall indicate:
concerned, the amount of assistance actually paid and a
description of the operational fund broken out between total
amount, contributions from Union, Member State (national
(a) the achievements and results of the operational programme,
financial assistance) and producer organisations and members.
based on, where relevant, the common output and result
indicators set out in Annex VIII and, where appropriate,
additional output and result indicators set out in the
national strategy; and
2. The
Commission
shall
take
a
decision
to
approve
or
refuse
the request. The request shall be refused where the rules on the
( 1 ) OJ L 171, 23.6.2006, p. 1.

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(b) a summary of the major problems encountered in managing
(b) by 15 November in any given year, an annual report on
the programme and any measures taken to ensure the
producer organisations, associations of producer organi
quality and effectiveness of programme implementation.
sations and producer groups and operational funds, oper
ational programmes and recognition plans running in the
previous year. The annual report shall contain in particular
the information set out in Annex XIV;
Where relevant, the annual report shall specify what effective
safeguards are in place, in accordance with the national strategy
and in application of Article 103c(5) of Regulation (EC) No
1234/2007, to protect the environment from possible
(c) by 31 January in any given year, the financial amount
increased pressures coming from investments supported under
corresponding to the annual implementation of recognition
the operational programme.
plans that run that year. Approved or estimated amounts
shall be provided. The notification shall include the
following information for each producer group:
4. For
the
final
year
of
application
of
an
operational
programme, a final report shall replace the annual report
referred to in paragraph 1.
(i) total amount of the annual period of implementation of
the recognition plan, the contributions from the Union,
the Member States and the producer groups and/or
members of the producer groups;
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
(ii) a breakdown between the aid referred to in, respectively,
subsequent operational programmes are drawn up, or when
Article 103a(1)(a) and (b) of Regulation (EC) No
existing operational programmes are amended.
1234/2007.
5. Without
prejudice
to
specific
provisions
in
this
Regulation,
Article 98
where a producer group or a producer organisation fails to
notify the Member State as required under this Regulation or
Member States’ notifications concerning producer prices of
Regulation (EC) No 1234/2007 or if the notification appears
fruit and vegetables in the internal market
incorrect in the light of objective facts in the Member State’s
1. The
competent
authorities
of
the
Member
States
shall
possession, the Member State shall suspend the preliminary
notify the Commission, by 12.00, at noon (Brussels time) of
recognition of the producer group or the recognition of the
each Wednesday, for each market day, of average recorded
producer organisation until the notification is correctly made.
prices for fruit and vegetables traded on the representative
markets listed in Part A of Annex XV.
The Member State shall include details of such cases in its
annual report referred to in Article 97(b) of this Regulation.
For fruit and vegetables covered by the general marketing
standard, only prices of products meeting that standard shall
be notified, whereas prices for products covered by a specific
marketing standard shall only concern products of class I.
Article 97
Member States’ notifications concerning producer
organisations, associations of producer organisations and
producer groups
Notified prices shall be ex packaging station, sorted, packaged
Member States shall notify the Commission of the following
and, where applicable, on pallets, expressed in euro per
information and documents:
100 kilograms net weight.
(a) by 31 January in any given year, the total amount of the
Where data are available, Member States shall notify prices
operational funds approved that year for all operational
corresponding to the types and varieties of products, sizes
programmes. This notification shall make clear both the
and/or presentations specified in Part A of Annex XV. Where
total amount of the operational funds and the total
recorded prices concern other types, varieties, sizes and/or pres
amount of Union aid granted to those funds. Those
entations than those specified in Part A of Annex XV, the
figures shall be further broken down between amounts for
competent authorities of Member States shall notify the
crisis prevention and management measures and other
Commission of the types, varieties, sizes and/or presentations
measures;
of the products to which prices correspond.

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2. Member
States
shall
identify
representative
markets
in
the
Article 102
production area of the fruit and vegetables concerned, on the
basis of transactions carried out on physically identifiable
Administrative checks
markets, such as wholesale markets, auctions or other
Administrative checks shall be carried out on all aid applications
physical places where supply meets demand, or on the basis
or payment claims, and shall cover all possible and appropriate
of direct transactions between producers, including producer
elements. The procedures shall require the recording of
organisations, and individual buyers, such as wholesalers,
undertaken operations, the results of the verification and the
traders, distribution centres or other relevant operators. Repre
measures taken in respect of discrepancies.
sentative markets may also be identified on the basis of a
combination of transactions carried out on physically iden
tifiable markets and direct transactions.
Article 103
On-the-spot checks
3. The
competent
authorities
of
the
Member
States
may 1. Every
on-the-spot
check
shall
be
the
subject
of
a
moni
notify the Commission of producer prices of the fruit and
toring report in order to make it possible to review the details
vegetables and other products listed in Part B of Annex XV
of the checks carried out. The report shall indicate in particular:
on a voluntary basis.
(a) the aid scheme and the application checked;
4. Notifications
of
prices
made
in
accordance
with
paragraph
3 shall be done in accordance with guidelines to be adopted by
the Commission and be made publicly available by the
(b) the persons present;
Commission by the methods it considers appropriate.
(c) the actions, measures and documents checked; and
S e c t i o n 2
C h e c k s
(d) the results of the check.
Article 99
Unique identification system
Member States shall ensure that a unique identification system
2. The
beneficiary
may
be
given
the
opportunity
to
sign
the
applies with regard to all aid applications submitted by the
report to attest his presence at the check and to add obser
same producer organisation or producer group. This identifi
vations. Where irregularities are found the beneficiary may
cation shall be compatible with the system to record identity
receive a copy of the monitoring report.
referred to in Article 15(1)(f) of Council Regulation (EC)
No 73/2009 ( 1 ).
3. Advance
notice
of
on-the-spot
checks
may
be
given,
provided that the purpose of the check is not jeopardised.
The advance notice shall be limited to the minimum time
Article 100
necessary.
Submission procedures
Without prejudice to specific provisions of this Regulation,
Member States shall provide for appropriate procedures for
4. Where
possible,
on-the-spot
checks
provided
for
in
this
the submission of aid applications, requests for recognition or
Regulation and other checks provided for in Union law
approval of operational programme, as well as payment claims.
concerning agricultural subsidies shall be carried out at the
same time.
Article 101
Article 104
Sampling
Granting of recognition and approval of operational
Where it is appropriate to carry out checks by sampling,
programmes
Member States shall ensure, by their nature and frequency
1. Prior to granting recognition to a producer organisation
and on the basis of a risk analysis, that the checks are appro
under Article 125b(2)(a) of Regulation (EC) No 1234/2007,
priate to the measure concerned.
Members States shall conduct an on-the-spot visit to the
producer organisation to verify compliance with the conditions
( 1 ) OJ L 30, 31.1.2009, p. 16.
for recognition.

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2. Prior
to
the
approval
of
an
operational
programme
under (c) the delivery of the products and services and the genu
Article 64, the competent authority of the Member State shall
ineness of expenditure claimed;
verify by all appropriate means, including on-the-spot checks,
the operational programme submitted for approval and, if
applicable, the requests for amendment. Those checks shall in
particular concern:
(d) the conformity of the actions executed with those included
in the operational programme as approved;
(a) the accuracy of information referred to in Article 59(a), (b)
(e) the respect of financial or other limits and ceilings imposed.
and (e), which shall be included in the draft operational
programme;
3. Expenditure
incurred
under
the
operational
programme
shall be supported by invoices and documents, such as bank
(b) compliance of the programmes with Article 103c of Regu
extracts, proving that payment has been made. Where this
lation (EC) No 1234/2007 as well as with the national
cannot be done, payments shall be supported by documents
framework and the national strategy;
of equivalent probative value. Invoices used shall be established
in the name of the producer organisation, association of
producer organisations or the subsidiary in the situation
(c) the eligibility of the actions and the eligibility of the expen
referred to in Article 50(9) or, subject to Member State
diture proposed;
approval, in the name of one or more of its producer
members. However, where relevant, invoices in respect of the
personnel costs referred to in Annex IX (2)(b) shall be estab
lished in the name of the producer organisation, association of
(d) the consistency and technical quality of programmes, the
producer organisation or subsidiary in the situation referred to
soundness of the estimates and the aid plan, and the
in Article 50(9).
planning of its implementation. Checks shall verify
whether measurable targets have been set, so that their
achievement can be monitored, and whether the targets
set are achievable through implementing the proposed
Article 106
actions; and
On-the-spot checks on aid applications for operational
programmes
1. In the context of the verification of the aid application
(e) the compliance of the operations for which aid is requested
referred to in Article 69(1), Member States shall carry out on-
with applicable national and Union law on, in particular,
the-spot checks at the premises of producer organisations so as
and where relevant, public procurement, State aid and the
to ensure compliance with the conditions for granting an aid or
other appropriate obligatory standards established by
the balance thereof for the year concerned.
national legislation or established in the national
framework or the national strategy.
Such checks shall in particular concern:
Article 105
Administrative checks on aid applications for operational
(a) the compliance with the recognition criteria for the year
programmes
concerned;
1. Prior
to
granting
the
aid,
Member
States
shall
carry
out
administrative checks on all aid applications, which shall be
supplemented by on-the-spot checks by sampling as specified
(b) the use of the operational fund in the given year including
in Article 106.
expenditure declared in claims for advance payments or
partial payments, the value of marketed production, the
contributions to the operational fund and the expenditure
declared as supported by accounting or other documents;
2. Administrative
checks
on
aid
applications
shall
include,
in
particular, and as far as this is appropriate for the submitted
application, a verification of:
(c) second level checks for the expenses of market withdrawals
and green harvesting and non-harvesting.
(a) the annual or, where applicable, the final report transmitted
together with the application on the execution of the oper
ational programme;
2. The
checks
referred
to
in
paragraph
1
shall
relate
to
a
significant sample of applications each year. The sample shall
represent at least 30 % of the total aid applied for, in Member
States which have more than 10 recognised producer organi
(b) the value of marketed production, the contributions to the
sations. In other cases, each producer organisation shall be
operational fund and the expenditure incurred;
visited at least once every three years.

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At least one check shall be made on each producer organisation
(e) the value of marketed production.
before the payment of the aid or the balance thereof relating to
the final year of its operational programme.
2. The
value
of
marketed
production
shall
be
verified
on
the
3. The results of the on-the-spot checks shall be evaluated to
basis of the financial accounting system as audited and certified
establish whether any problems encountered are of a systemic
under national law.
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.
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 financial accounting data.
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
concerned and shall increase the percentage of corresponding
applications to be checked the following year.
The check on the declaration of the value of marketed
production may be carried out before the relevant aid appli
cation is transmitted. They shall be carried out at the latest
4. The
Member
State
shall
determine
which
producer
organi
before payment of the aid.
sations are to be checked on the basis of a risk analysis.
The risk analysis shall in particular take account of:
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
(a) the amount of aid;
individual holdings covered by the sample referred to in
Article 106(2) shall be subject of at least one visit to verify
their execution.
(b) the findings of the checks in previous years;
(c) a random element; and
However, Member States may decide not to carry out such visits
for smaller actions, or where they consider that the risk is low
that the conditions for receiving aid are not fulfilled, or that the
(d) other parameters to be determined by Member States.
reality of the operation has not been respected. That decision
and its justification shall be recorded.
Article 107
On-the-spot checks on measures of operational
4. The
on-the-spot
check
shall
cover
all
the
commitments
programmes
and obligations of the producer organisation or its members
1. Through the on-the-spot checks concerning the measures
which can be checked at the time of the visit.
of operational programmes, Member States shall verify in
particular the following:
5. Only
checks
meeting
all
the
requirements
of
this
Article
(a) the implementation of the actions contained in the oper
may be counted towards the fulfilment of the checking rate set
ational programme;
out in Article 106(2).
(b) that the implementation or intended implementation of the
action is consistent with the use described in the operational
Article 108
programme as approved;
First-level checks on withdrawal operations
1. Member
States
shall
make
first-level
checks
on
withdrawal
(c) for an adequate number of expenditure items, that the
operations in each producer organisation, comprising a docu
nature and timing of the relevant expenditure comply
mentary and identity check and a physical check, where appro
with Union law and correspond to the approved specifi
priate, by sampling, of the weight of the products withdrawn
cations;
from the market and a check on compliance with Article 76, in
accordance with the procedures laid down in Chapter II of Title
II. The check shall take place following receipt of the notifi
(d) that the expenditure incurred can be supported by
cation referred to in Article 78(1), within the time limits set in
accounting or other documents; and
accordance with Article 78(2).

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2. The
first-level
checks
provided
for
in
paragraph
1
shall (c) checks that the accounts are correct, in particular the
cover 100 % of the quantity of products withdrawn from the
veracity of net receipts by the producer organisations as
market. At the end of this check, the withdrawn products other
declared in their payment applications, the proportionality
than those for free distribution shall be denatured or disposed
of any withdrawal costs, ensuring that those amounts are
of to the processing industry under the supervision of the
correct; and
competent authorities under the terms and conditions laid
down by the Member State under Article 80.
(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
3. By
way
of
derogation
from
paragraph
2,
where
the
recipients have complied with this Regulation.
products are for free distribution, Member States may check a
smaller percentage than that laid down in that paragraph,
provided it is not less than 10 % of the quantities concerned
during the marketing year of any given producer organisation.
3. The
checks
referred
to
in
paragraph
2
shall
be
carried
out
The check may take place at the premises of producer organi
at the premises of producer organisations concerned and the
sation and/or at the sites of the recipients of the products. In
recipients associated with those organisations. Each check shall
the event that the checks reveal significant irregularities, the
include a sample representing at least 5 % of the quantities
competent authorities of the Member State shall carry out addi
withdrawn during the marketing year by the producer organi
tional checks.
sation.
4. The
specific
stock
and
accounting
records
referred
to
in
Article 109
paragraph 2(a) shall show, for each product withdrawn, the
Second-level checks on withdrawal operations
amounts moved, expressed in volume, of:
1. In the framework of the checks referred to in Article 106,
Member States shall make second-level checks on withdrawal
operations.
(a) the production delivered by members of the producer
organisation and by members of other producer organi
sations in accordance with Article 125a(2)(b) and (c) of
Regulation (EC) No 1234/2007;
Member States shall lay down criteria for analysing and
evaluating the risk of any given producer organisation
carrying out non-compliant withdrawal operations. Such
(b) sales by the producer organisation, broken down by
criteria shall relate, among other things, to the findings of
products prepared for the fresh market and other types of
previous first- and second-level checks, and whether or not a
products including raw materials for processing; and
producer organisation has some form of quality-assurance
procedure. They shall use those criteria to determine for each
producer organisation a minimum frequency of second-level
checks.
(c) products withdrawn from the market.
5. The
checks
on
the
destination
of
products
referred
to
in
2. The
checks
referred
to
in
paragraph
1
shall
comprise
on- paragraph 4(c) shall include, in particular:
the-spot checks at the premises of producer organisations and
the recipients of withdrawn products, in order to ensure that
the conditions for payment of Union aid have been complied
with. Those checks shall include:
(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
(a) the specific stock and accounting records to be kept by all
producer organisations which carry out one or more with
(b) checks on compliance with the relevant environmental
drawal operations during the marketing year concerned;
requirements;
6. If
the
second-level
checks
reveal
significant
irregularities,
(b) verification of the quantities marketed as declared in the aid
the competent authorities of the Member State shall carry out
applications, checking in particular the stock and accounting
more detailed second-level checks for the marketing year
records, the invoices and, where necessary, their veracity and
concerned and shall increase the frequency of second-level
ensuring that the declarations tally with the accounting
checks at the premises of producer organisations or their
and/or tax data of the producer organisations concerned;
associations concerned during the following marketing year.

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Article 110
the other appropriate obligatory standards established by
national legislation or established in the national
Green harvesting and non-harvesting
framework or the national strategy.
1. Before
a
green
harvesting
operation
takes
place,
Member
States shall verify by an on-the-spot check that the products
concerned are not damaged and the given area has been well
Article 112
maintained. After green harvesting, Member States shall verify
that the area concerned has been harvested in total and the
Checks on aid applications of producer groups
harvested product has been denatured.
1. Prior
to
granting
payment,
Member
States
shall
carry
out
administrative checks on all aid applications submitted by
producer groups, as well as on-the-spot checks by sampling.
After the harvest period, Member States shall verify the relia
bility of the analysis based on the expected market situation
referred to in Article 85(2). They shall also analyse any
differences between the expected market situation and the real
2. Following
the
submission
of
the
aid
application
referred
to
market situation.
in Article 45, Member States shall carry out on-the-spot checks
on producer groups so as to ensure compliance with the
conditions for granting aid for the year concerned.
2. Before
a
non-harvesting
operation
takes
place,
Member
States shall verify by an on-the-spot check that the given area
has been well maintained, that no partial harvest has already
Those checks shall in particular concern:
taken place and that the product is well developed and would in
general be sound, fair and of marketable quality.
(a) compliance with the recognition criteria for the year
concerned; and
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.
(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. Article 109(1),(2),(3) and (6) shall apply mutatis mutandis.
3. The
checks
referred
to
in
paragraph
2
shall
relate
to
a
Article 111
significant sample of applications each year. The sample shall
represent at least 30 % of the total amount of aid.
Checks before approving recognition plans of producer
groups
1. Before
approving
a
recognition
plan
of
a
producer
group All producer groups shall be checked at least once every five
under Article 125e(1) of Regulation (EC) No 1234/2007,
years.
Members States shall conduct an on-the-spot check on the
legal entity or clearly defined part of the legal entity.
4. Articles 105 and 107 shall apply mutatis mutandis.
2. The
Member
State
shall
verify
by
all
appropriate
means,
including the on-the-spot check:
Article 113
Transnational producer organisations and transnational
(a) the accuracy of the information provided in the recognition
associations of producer organisations
plan;
1. The
Member
State
in
which
a
transnational
producer
organisation or a transnational association of producer organi
sations has its head office shall have overall responsibility for
(b) the commercial consistency and the technical quality of the
organisation of checks on that organisation or association in
plan, the soundness of the estimates and the planning of its
respect of notably the operational programme and operational
implementation;
fund and shall apply sanctions to it where necessary.
(c) the eligibility of the actions and the eligibility and reason
2. The
other
Member
States
required
to
provide
the
adminis
ableness of the expenditure proposed; and
trative co-operation referred to in Article 28(2)(c) and
Article 35(2)(c) shall carry out such administrative and on the
spot checks as required by the Member State referred to in
(d) the compliance of the operations for which support is
paragraph 1 of this Article, and report the results to them.
requested with applicable national and Union law and in
They shall respect all deadlines set by the Member State
particular, provisions on public procurement, State aid and
referred to in paragraph 1.

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3. The
rules
applicable
in
the
Member
State
referred
to
in
3. In
other
cases
of
a
failure
to
respect
the
criteria
for
recog
paragraph 1 shall apply in relation to the producer organisation
nition, where paragraphs 1 and 2 do not apply, Member States
and the operational programme and operational fund. However,
shall send a warning letter stating the corrective measures to be
in respect of environmental, phytosanitary questions, and in
taken. Member States may delay payments of aid until the
relation to the disposal of withdrawn products, the law of the
corrective measures are taken.
Member State where the production takes place shall apply.
S e c t i o n 3
Member States may make payments after the deadline set out in
Article 70 where this is necessary in order to apply this
S a n c t i o n s
paragraph. However, those later payments may not in any
case be made later than 15 October of the second year
Article 114
following the year of implementation of the programme.
Non-respect of recognition criteria
1. Member
States
shall
withdraw
the
recognition
of
a
producer organisation if a failure to respect the criteria for
A failure to take the corrective measures within a 12 month
recognition is substantial and results from the fact that the
period shall be regarded as substantial failure to respect the
producer organisation acted deliberately or by serious
criteria and paragraph 2 shall subsequently be applied.
negligence.
Member States shall in particular withdraw the recognition of a
Article 115
producer organisation if a failure to respect the criteria for
Fraud
recognition concerns:
1. Where
a
producer
organisation,
an
association
of
producer
organisations or a producer group is found to have committed
(a) a breach of the requirements of Articles 21, 23, 26(1) and
fraud in respect of aid covered by Regulation (EC)
(2) or 31; or
No 1234/2007, Member States shall, without prejudice to any
other sanctions and penalties applicable under Union and
national legislation:
(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 125b(1)(b) of Regulation (EC)
(a) withdraw the recognition of the producer organisation,
No 1234/2007.
association of producer organisations or producer group;
The withdrawal of recognition under this paragraph shall take
effect from the date from which the conditions for recognition
(b) exclude the actions or operations concerned from support
were not fulfilled, subject to any applicable horizontal legis
under the operational programme or recognition plan
lation at national level on limitation periods.
concerned and recover any aid already paid for that
operation; and
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
(c) exclude the producer organisation, association of producer
temporary.
organisations or producer group from support under the
operational programme or recognition plan concerned
during the next year.
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
2. Member
States
may
suspend
the
recognition
of
a
producer
that the criteria concerned have been fulfilled.
organisation, an association of producer organisations or a
producer groups, or suspend payments to such a body if they
are suspected of having committed fraud in respect of aid
The period of suspension shall not exceed 12 months. If the
covered by Regulation (EC) No 1234/2007.
criteria concerned are subsequently not fulfilled after
12 months, recognition shall be withdrawn.
Article 116
Member States may make payments after the deadline set out in
Producer groups
Article 70 where this is necessary in order to apply this
paragraph. However, those later payments may not in any
1. Member States shall apply, mutatis mutandis, the
case be made later than 15 October of the second year
sanctions and penalties provided for in Article 114 and/or
following the year of implementation of the programme.
117 to recognition plans.

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2. In addition to paragraph 1, if, after the end of the period
(a) to pay a penalty of the amount of the Union contribution,
set by the Member State under Article 49(4), the producer
calculated on the basis of the quantities of withdrawn
group is not recognised as producer organisation, the Member
products not in conformity with the marketing standards
State shall recover:
or minimum requirements, if those quantities are less than
10 % of the quantities notified pursuant to Article 78 for
the withdrawal operation in question;
(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
(b) to pay a penalty of the double amount of the Union
contribution, if those quantities are between 10 % and
(b) 50 % of the aid paid to the producer group in all other
25 % of the quantities notified; or
cases.
Article 117
(c) to pay a penalty of the amount of the Union contribution
for the entire quantity notified pursuant to Article 78,
Operational programme
where those quantities exceed 25 % of the quantity notified.
1. Payments
shall
be
calculated
on
the
basis
of
what
is
found
eligible.
Article 119
2. The
Member
State
shall
examine
the
application
for
aid Other sanctions applicable to producer organisations
received from the beneficiary, and establish the amounts that
regarding withdrawal operations
are eligible for support. It shall establish:
1. The penalties referred to in Article 117 shall cover aid
applied for in respect of withdrawal operations as integrated
(a) the amount that would be payable to the beneficiary based
parts of operational programme expenditure.
solely on the application;
(b) the amount that is payable to the beneficiary after an exam
2. Expenditure for withdrawal operation shall be considered
ination of the eligibility of the application.
as ineligible if the products not put up for sale have not been
disposed of as provided for by the Member State under
Article 80(1) or that the withdrawal or its destination has had
3. If
the
amount
established
pursuant
to
paragraph
2(a) a negative impact on the environment or any negative phyto
exceeds the amount established pursuant to paragraph 2(b) by
sanitary consequences in contravention of the provisions
more than 3 %, a penalty shall be applied. The amount of the
adopted under Article 80(1).
penalty shall be the difference between the amounts calculated
in paragraph 2(a) and (b).
Article 120
However, no penalty shall be applied if the producer organi
sation or producer group is able to demonstrate that it is not
Sanctions applicable to recipients of withdrawn products
responsible for the inclusion of the ineligible amount.
Where irregularities attributable to the recipients of withdrawn
products are detected during checks made in accordance with
Articles 108 and 109, the following sanctions shall apply:
4. Paragraphs 2 and 3 shall apply mutatis mutandis to
ineligible expenditure identified during on-the-spot or
subsequent checks.
(a) the recipients shall cease to be eligible to receive with
drawals; and
5. If the value of marketed production is declared and
checked before the application for aid, the declared and
approved values shall be used when establishing the amounts
pursuant to paragraph 2(a) and (b) respectively.
(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
Article 118
accordance with the rules laid down by the Member States.
Sanctions following first-level checks on withdrawal
operations
If, following the check referred to in Article 108, irregularities
The sanction provided for in point (a) shall take effect
are found with regard to the marketing standards or the
immediately and continue for at least one marketing year. It
minimum requirements referred to in Article 76, the beneficiary
may be extended depending on the seriousness of the irregu
shall be required:
larity.

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Article 121
The interest shall be calculated:
Green harvesting and non-harvesting
1. With regard to green harvesting, if it is found that the
producer organisation has not fulfilled its obligations the
(a) on the basis of the period elapsing between payment and
producer organisation shall pay by way of penalty the
reimbursement by the beneficiary;
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:
(b) at the rate applied by the European Central Bank to its main
refinancing operations published in the ‘C’ series of the
(a) the Member State finds, during the verification referred to in
Official Journal of the European Union and in force on the
the second subparagraph of Article 110(1), that the green
date on which the undue payment is made, plus three
harvesting measure was not justified on the basis of the
percentage points.
analysis of the expected market situation existing at the
time;
2. Aid
recovered,
interest
and
penalties
imposed
shall
be
paid
(b) the area notified for green harvesting is not eligible for
to the European Agricultural Guarantee Fund.
green harvesting; or
(c) the area is not totally harvested or the production not
Article 124
denatured.
Notification of irregularities
The application of administrative sanctions and penalties and
2. With
regard
to
non-harvesting,
if
it
is
found
that
the the recovery of unduly paid amounts, as provided for in this
producer organisation has not fulfilled its obligations the
Section, are without prejudice to the notification of irregularities
producer organisation shall pay by way of penalty the
to the Commission pursuant to Commission Regulation (EC)
amount of the compensation relating to the areas for which
No 1848/2006 ( 1 ).
the obligation has not been respected. A failure to fulfil obli
gations shall include cases where:
S e c t i o n 4
(a) the area notified for non-harvesting is not eligible for non-
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
harvesting;
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
Article 125
(b) a harvest or partial harvest has nevertheless taken place; or
Common performance indicators
1. Both the national strategies and the operational
(c) there has been a negative impact on the environment or any
programmes shall be subject to monitoring and evaluation
negative phytosanitary consequences for which the producer
aimed at assessing the progress made towards achieving the
organisation is responsible.
objectives set for operational programmes, as well as efficiency
and effectiveness in relation to those objectives.
3.
The penalties referred to in paragraphs 1 and 2 shall apply
in addition to any penalty imposed pursuant to Article 117.
2. Progress,
efficiency
and
effectiveness
shall
be
assessed
by
means of common performance indicators, as set out in Annex
Article 122
VIII, relating to the baseline situation as well as to the financial
Preventing an on-the-spot check
execution, outputs, results and impact of the operational
programmes implemented.
An aid application shall be rejected for the part of expenditure
concerned if the producer organisation, the member or the
relevant representative prevents an on-the-spot check from
being carried out.
3. Where
deemed
appropriate
by
a
Member
State,
the
national strategy shall specify a limited set of additional
indicators specific to that strategy, reflecting national and/or
Article 123
regional needs, conditions and objectives specific to the oper
ational programmes implemented by producer organisations.
Payment of recovered aid and penalties
Where available, additional indicators concerning environmental
1. Producer
organisations,
associations
of
producer
organi
objectives which are not covered by common performance
sations, producer groups or other operators concerned shall
indicators shall be included.
reimburse unduly paid aid with interest and pay the penalties
provided for in this Section.
( 1 ) OJ L 355, 15.12.2006, p. 56.

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Article 126
(a) the prevention of soil erosion;
Monitoring and evaluation procedures in relation to
operational programmes
(b) a reduction in the use of and/or better management of plant
1. Producer
organisations
shall
ensure
the
monitoring
and
protection products;
evaluation of their operational programmes by making use of
relevant indicators among the common performance indicators
referred to in Article 125 and, where appropriate, of the addi
tional indicators specified in the national strategy.
(c) the protection of habitats and biodiversity; or
To this end, they shall establish a system to collect, record and
(d) landscape conservation.
maintain information useful for the compilation of those
indicators.
The results of the exercise shall be used:
2. Monitoring
shall
be
aimed
at
assessing
the
progress
made
towards achieving the specific targets that have been set for the
(a) to improve the quality of the operational programmes
operational programme. It shall be carried out by means of
managed by the producer organisation;
financial, output and result indicators. The results of the
exercise are intended to serve:
(b) to identify any need for substantive change of the oper
ational programme;
(a) to verify the quality of programme implementation;
(c) to contribute to meeting reporting requirements concerning
(b) to identify any need for adjustments or review of the oper
the implementation of the operational programmes; and
ational programme aimed at achieving the goals set for the
programme or at improving the management of the
programme, including its financial management;
(d) to draw lessons useful in improving the quality, efficiency
and effectiveness of future operational programmes
managed by the producer organisation.
(c) to contribute to meeting reporting requirements concerning
the implementation of the operational programme.
The mid-term evaluation exercise shall be carried out during the
implementation of the operational programme, in time for
allowing the results of the evaluation to be considered in the
Information concerning the results of the monitoring activities
preparation of the subsequent operational programme.
shall be included in each annual report, as referred to in
Article 96(1), which the producer organisation is required to
transmit to the National Authority in charge of the
management of the national strategy.
The mid-term evaluation report shall be annexed to the corre
sponding annual report referred to in Article 96(1).
3. Evaluation
shall
take
the
form
of
a
separate
mid-term
evaluation report.
Article 127
Monitoring and evaluation procedures in relation to the
national strategy
The mid-term evaluation exercise, which may be carried out
1. Monitoring
and
evaluation
of
the
national
strategy
shall
be
with the aid of a specialised consultancy office, shall be aimed
carried out by using relevant indicators among the common
at examining the degree of utilisation of financial resources, the
performance indicators referred to in Article 125 and, where
efficiency and the effectiveness of the operational programme,
appropriate, additional indicators specified in the national
and assessing the progress made in relation to the overall
strategy.
objectives of the programme. To this end, use shall be made
of common performance indicators relating to the baseline
situation, results and, where appropriate, impacts.
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
Where relevant, the mid-term evaluation exercise shall include a
Article 125. To this end, they shall build on the information
qualitative assessment of the results and the impact of the
transmitted by the producer organisation in relation to the
environmental actions aimed at:
monitoring and the evaluation of their operational programmes.

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3. Monitoring
shall
be
on-going
and
aimed
at
assessing
the
CHAPTER VI
progress made towards achieving the objectives and the targets
set for the operational programmes. It shall be carried out by
Extension of rules to producers of an economic area
means of financial, output and result indicators. To this end, use
Article 128
shall be made of the information provided in the annual
progress reports transmitted by the producer organisation
Notification of list of economic areas
concerning the monitoring of their operational programmes.
The notification of the list of economic areas referred to in the
The results of the monitoring exercises shall be used:
second subparagraph of Article 125f(2) of Regulation (EC)
No 1234/2007 shall include all the information needed to
assess whether the conditions laid down in the first
(a) to verify the quality of the implementation of the oper
subparagraph of Article 125f(2) of that Regulation have been
ational programmes;
complied with.
(b) to identify any need for adjustments or review of the
Article 129
national strategy aimed at achieving the goals set for the
strategy or at improving the management of the strategy
Notification of binding rules; representativeness
implementation, including the financial management of the
1. When
a
Member
State
notifies
rules
it
has
made
binding
operational programmes; and
for a given product and economic area pursuant to Article 125g
of Regulation (EC) No 1234/2007, it shall inform at the same
time the Commission of:
(c) to contribute to meeting reporting requirements concerning
the implementation of the national strategy.
(a) the producer organisation or association of producer organi
sations which requested the extension of the rules;
4. Evaluation
shall
be
aimed
at
assessing
the
progress
made
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
(b) the number of producers who belong to that producer
made of the results of the monitoring and mid-term evaluation
organisation or association of producer organisations and
of the operational programmes as indicated in the annual
the total number of producers in the economic area
progress reports and final reports transmitted by the producer
concerned; such information shall be given in respect of
organisations. The results of the evaluation exercises shall be
the situation obtaining at the time when the application
used:
for extension is made;
(a) to improve the quality of the strategy;
(c) the total production of the economic area and the
production marketed by the producer organisation or
association of producer organisations during the last
(b) to identify any need for substantive change of the strategy;
marketing year for which figures are available;
and
(d) the date from which the rules to be extended have applied
(c) to contribute to meeting reporting requirements concerning
to the producer organisation or association of producer
the implementation of national strategy.
organisations concerned; and
The evaluation shall include an evaluation exercise carried out
(e) the date from which the extension is to take effect and the
in 2012, but in time to allow its results to be included in a
duration of application of the extension.
separate evaluation report to be annexed, in the same year, to
the annual national report referred to in Article 97(b). The
report shall examine the degree of utilisation of financial
resources, the efficiency and effectiveness of the operational
2. For
the
purposes
of
determining
representativeness
within
programmes implemented, and assess the effects and impact
the meaning of Article 125f(3) of Regulation (EC)
of those programmes, in relation to the objectives, targets and
No 1234/2007, the Member States shall lay down rules
goals set by the strategy and, where appropriate, other
excluding:
objectives set in Article 103c(1) of Regulation (EC)
No 1234/2007. It shall be aimed at drawing lessons useful in
improving the quality of future national strategies, and in
particular at identifying possible shortcomings in the definition
(a) producers whose production is intended essentially for
of objectives, targets or measures eligible for support, or needs
direct sale to consumers on the holding or in the
for defining new instruments.
production area;

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(b) direct sales as referred to in point (a);
those referred to in paragraph 1 may be made binding on
buyers where they are responsible for the management of the
production concerned.
(c) produce delivered for processing as referred to in
Article 125f(4)(b) of Regulation (EC) No 1234/2007
except where the rules in question apply entirely or partly
TITLE IV
to such produce.
TRADE WITH THIRD COUNTRIES
CHAPTER I
Article 130
Import duties and entry price system
Financial contributions
S e c t i o n 1
Where a Member State decides, pursuant to Article 125i of
E n t r y p r i c e s y s t e m
Regulation (EC) No 1234/2007, that producers who do not
Article 133
belong to producer organisations are liable for a financial
contribution, it shall forward to the Commission the
Scope and definitions
information needed to assess compliance with the conditions
laid down in that Article.
1. This
Section
lays
down
the
rules
for
the
application
of
Article 140a of Regulation (EC) No 1234/2007.
Such information shall include in particular the basis on which
2. For
the
purposes
of
this
Section:
the contribution is calculated and the unit amount thereof, the
beneficiary or beneficiaries and the nature of the various costs
referred to in Article 125i of Regulation (EC) No 1234/2007.
(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 CN code; and
Article 131
Extensions beyond one marketing year
Where it is decided to apply an extension for a period
(b) ‘importer’ means the declarant within the meaning of
exceeding one marketing year, the Member States shall verify
Article 4(18) of Council Regulation (EEC) No 2913/92 ( 1 ).
in respect of each marketing year that the conditions with
regard to representativeness laid down in Article 125f(3) of
Regulation (EC) No 1234/2007 continue to be complied with
Article 134
throughout the period of application of the extension.
Notification of prices and quantities of products imported
1. For each product and for the periods set out in Part A of
If Member States find that the conditions are no longer
Annex XVI, for each market day and each origin, the Member
complied with, they shall immediately repeal the extension
States shall notify the Commission, by 12 noon (Brussels time)
with effect from the beginning of the following marketing year.
the following working day, of:
(a) the average representative prices of the products imported
Member States shall immediately inform the Commission of any
from third countries sold on the representative import
repeal, which shall make such information publicly available by
markets referred to in Article 135, and significant prices
means it considers appropriate.
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
Article 132
products recorded on other markets; and
Produce sold on the tree; buyers
1. In
cases
where
producers
not
belonging
to
a
producer (b) the total quantities relating to the prices referred to in
organisation sell their produce on the tree, the buyer shall,
point (a).
for the purposes of compliance with the rules referred to in
points 1(e), 1(f) and 3 of Annex XVIa to Regulation (EC)
No 1234/2007, be considered as having produced that produce.
Where the total quantities referred to in point (b) are less than
one tonne, the corresponding prices shall not be notified to the
Commission.
2. The
Member
State
concerned
may
decide
that
rules
listed
in Annex XVIa to Regulation (EC) No 1234/2007 other than
( 1 ) OJ L 302, 19.10.1992, p. 1.

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2. The
prices
referred
to
in
paragraph
1(a)
shall
be
recorded:
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.
(a) for each of the products listed in Part A of Annex XVI;
(b) for all of the available varieties and sizes; and
For products listed in Part A of Annex XVI that are not covered
by a specific marketing standard, prices of products complying
with the general marketing standard shall be deemed to be
(c) at the importer/wholesaler stage or the wholesaler/retailer
representative.
stage where no prices at the importer/wholesaler stage are
available.
Article 135
They shall be reduced by the following amounts:
Representative markets
Member States shall inform the Commission of the customary
(a) a marketing margin of 15 % for the marketing centres of
market days for the markets listed in Annex XVII which shall be
London, Milan and Rungis and of 8 % for other marketing
deemed to be representative markets.
centres; and
(b) costs of transport and insurance within the customs
Article 136
territory of the Union.
Standard import values
1. For each product and for the periods set out in Part A of
For the costs of freight and insurance to be deducted pursuant
Annex XVI, the Commission shall fix, each working day and for
to the second subparagraph, the Member States may fix
each origin, a standard import value equal to the weighted
standard amounts for deduction. Such standard amounts and
average of the representative prices referred to in Article 134,
the methods for calculating them shall be notified to the
less a standard amount of EUR 5/100 kg and the ad valorem
Commission without delay.
customs duties.
3. The
prices
recorded
in
accordance
with
paragraph
2
shall,
where they are established at the wholesaler/retailer stage, first
2. Where
a
standard
import
value
is
established
for
the
be reduced by an amount equal to 9 % to take account of the
products and for the periods of application listed in Part A of
wholesaler’s trade margin, and then by an amount equal to EUR
Annex XVI, in accordance with this Section, the unit price as
0,7245 per 100 kilograms to take account of the costs of
referred to in Article 152(1)(a) of Commission Regulation (EEC)
handling and market taxes and charges.
No 2454/93 ( 1 ) shall not apply. It shall be replaced by the
standard import value referred to in paragraph 1.
4. For products listed in Part A of Annex XVI covered by a
specific marketing standard, the following shall be deemed to be
representative:
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.
(a) the prices of Class I products, provided that the quantities in
that class account for at least 50 % of the total quantities
marketed;
4. During
the
periods
of
application
set
out
in
Part
A
of
(b) the prices of Class I products plus, where products in that
Annex XVI, the standard import values shall remain applicable
class account for less than 50 % of the total quantities, the
until they are changed. They shall cease to apply, however,
prices as established of Class II products for quantities
where no average representative price has been notified to the
enabling 50 % of the total quantities marketed to be
Commission for seven consecutive market days.
covered;
(c) the prices as established for Class II products, where Class I
Where, pursuant to the first subparagraph, no standard import
products are not available, unless it is decided to apply an
value applies to a given product, the standard import value
adjustment coefficient to them if, as a result of the
applicable to that product shall be equal to the last average
production conditions for products of the origin in
standard import value.
question, those products are not normally and traditionally
marketed in Class I as a result of their quality characteristics.
( 1 ) OJ L 253, 11.10.1993, p. 1.

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5. By
way
of
derogation
from
paragraph
1,
where
it
has
not
(a) the fob price of the products in their country of origin plus
been possible to calculate a standard import value, no standard
the costs of insurance and freight up to the borders of the
import value shall be applicable from the first day of the
customs territory of the Union, where that price and those
periods of application set out in Part A of Annex XVI.
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
6. The
representative
prices
in
euro
shall
be
converted
using
the maximum amount of duty applicable to the product in
the representative market rate calculated for the day in question.
question; or
7. The
standard
import
values
expressed
in
euro
shall
be
(b) the customs value calculated in accordance with
made publicly available by the Commission by the methods it
Article 30(2)(c) of Regulation (EEC) No 2913/92 applied
considers appropriate.
only to the imported products in question. In that case,
the duty shall be deducted as provided for in
Article 136(1) of this Regulation. In that case the
importer must lodge the security referred to in
Article 137
Article 248 of Regulation (EEC) No 2454/93, equal to the
maximum amount of duty applicable to the product in
Entry price basis
question.
1. The entry price on the basis of which the products listed
in Part A of Annex XVI are classified in the Common Customs
Tariff shall be equal to, as the importer chooses:
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.
(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
customs territory of the Union, where that price and those
costs are known at the time the declaration of release of the
When the entry price is calculated in accordance with one of
products for free circulation is made. Where those prices are
the procedures provided for in paragraph 1(b) or (c) or
higher by more than 8 % than the standard value applicable
paragraph 2(b), the customs value shall be calculated on the
to the product in question at the time the declaration of
same basis as the entry price.
release for free circulation is made, 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
4. The
importer
shall
have
one
month
from
the
sale
of
the
amount of duty which he would have paid if the product in
products in question, subject to a limit of four months from the
question had been classified on the basis of the standard
date of acceptance of the declaration of release for free circu
value concerned; or
lation, to prove that the lot was disposed of under the
conditions confirming the correctness of the prices referred to
in paragraph 1(a) or paragraph 2(a), or to determine the
customs value referred to in paragraph 1(b) and paragraph
(b) the customs value calculated in accordance with
2(b). Failure to meet one of these deadlines shall entail the
Article 30(2)(c) of Regulation (EEC) No 2913/92 applied
loss of the security lodged, without prejudice to the application
only to the imported products in question. In that case,
of paragraph 5.
the duty shall be deducted as provided for in
Article 136(1) of this Regulation. In that case the
importer shall lodge the security referred to in
Article 248(1) of Regulation (EEC) No 2454/93, equal to
The security lodged shall be released to the extent that proof of
the amount of duty which he would have paid if the clas
the conditions of disposal is provided to the satisfaction of the
sification of the products had been made on the basis of the
customs authorities.
standard import value applicable to the lot in question; or
Otherwise the security shall be forfeit by way of payment of the
(c) the standard import value calculated in accordance with
import duties.
Article 136 of this Regulation.
5. The
time
limit
of
four
months
referred
to
in
paragraph
4
2. The entry price on the basis of which the products listed
may be extended by the competent authorities of the Member
in Part B of Annex XVI are classified in the Common Customs
State by a maximum of three months at the request of the
Tariff shall be equal to, as the importer chooses:
importer, which must be duly justified.

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6. If
on
verification
the
competent
authorities
establish
that Where the local clearance procedure referred to in Article 263
the requirements of this Article have not been met, they shall
of Regulation (EEC) No 2454/93 is used to put into free circu
recover the duty due in accordance with Article 220 of Regu
lation products covered by this Section, the notification to the
lation (EEC) No 2913/92. The amount of the duty to be
customs authorities referred to in Article 266(1) of that Regu
recovered or remaining to be recovered shall include interest
lation shall contain all necessary data for the identification of
from the date the goods were released for free circulation up to
the goods, as well as an indication of the net mass (kg) of the
the date of recovery. The interest rate applied shall be that in
products concerned.
force for recovery operations under national law.
Article 266(2)(b) of Regulation (EEC) No 2454/93 shall not
apply to imports of the products covered by this Section.
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
Article 138
Levying of additional duty
Scope and definitions
1. If it is found that, for one of the products and one of the
periods listed in Annex XVIII, the quantity put into free circu
1. An
additional
import
duty
as
referred
to
in
Article
141(1)
lation exceeds the corresponding triggering volume the
of Regulation (EC) No 1234/2007, hereinafter ‘additional duty’,
Commission shall levy an additional duty unless the imports
may be applied to the products and during the periods listed in
are unlikely to disturb the Union market, or the effects would
Annex XVIII on the conditions set out in this Section.
be disproportionate to the intended objective.
2. The
additional
duty
shall
be
levied
on
quantities
put
into
2. Trigger
levels
for
the
additional
duties
are
listed
in
Annex free circulation after the date of application of that duty,
XVIII.
provided that:
(a) their tariff classification determined in accordance with
Article 137 entails application of the highest specific
Article 139
duties applicable to imports of the origin in question;
Notification of volumes
1. For
each
of
the
products
listed
in
Annex
XVIII
and
during (b) importation is effected during the period of application of
the periods indicated, Member States shall notify the
the additional duty.
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.
Article 141
Amount of additional duty
The additional duty imposed under Article 140 shall be one
Such notification shall take place no later than 12 noon
third of the customs duty applicable to the given product in
Brussels time each Wednesday for the volumes put into free
accordance with the Common Customs Tariff.
circulation during the preceding week.
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 140(2) applies.
2. Declarations for release for free circulation of products
covered by this Section which the customs authorities may
accept at the importer’s request without their containing
Article 142
certain particulars referred to in Annex 37 to Regulation
(EEC) No 2454/93 shall contain, in addition to the particulars
Exemptions from additional duty
referred to in Article 254 of that Regulation, an indication of
1. The
following
goods
are
exempt
from
the
additional
duty:
the net mass (kg) of the products concerned.
(a) goods imported against the tariff quotas listed in Annex 7
to Council Regulation (EEC) No 2658/87 ( 1 ) (hereinafter
Where the simplified declaration procedure referred to in
referred to as ‘Combined Nomenclature’);
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
(b) goods en route to the Union as defined in paragraph 2.
requirements, an indication of the net mass (kg) of the
products concerned.
( 1 ) OJ L 256, 7.9.1987, p. 1.

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2. Goods shall be considered to be en route to the Union if
In particular, they shall ensure that:
they:
(a) all eligibility criteria established by Union or national legis
(a) left the country of origin before the decision to impose the
lation or the national framework or the national strategy
additional duty; and
can be checked;
(b) are being transported under cover of a transport document
(b) the competent authorities of the Member State responsible
valid from the place of loading in the country of origin to
for carrying out checks have a sufficient number of suitably
the place of unloading in the Union, drawn up before
qualified and experienced staff to carry out the checks
imposition of the additional duty.
effectively; and
3. Interested
parties
shall
provide
evidence
to
the
satisfaction (c) provision is made for checks to avoid irregular duplicated
of the customs authorities that the requirements of paragraph 2
financing of measures under this Regulation and other
are met.
Union or national schemes.
However, the customs authorities may deem that goods left
Article 144
their country of origin before the date of imposition of the
additional duty if one of the following documents is provided:
National sanctions
Without prejudice to any sanctions set out in this Regulation or
Regulation (EC) No 1234/2007, Member States shall provide for
the application of sanctions at national level in relation to
(a) for sea transport, the bill of lading showing that loading
irregularities committed in respect of requirements set out in
took place before that date;
this Regulation and Regulation (EC) No 1234/2007 which are
effective, proportionate and dissuasive so that they provide
adequate protection for the financial interests of the Union.
(b) for rail transport, the waybill accepted by the rail authorities
of the country of origin before that date;
Article 145
Artificially created situations
(c) for road transport, the road carriage contract (CMR) or
Without prejudice to any specific measures set out in this
another transit document made out in the country of
Regulation or Regulation (EC) No 1234/2007, no payment
origin before that date, if the conditions laid down in
shall be made in favour of beneficiaries for whom it is estab
bilateral or multilateral arrangements concluded in the
lished that they artificially created the conditions required for
context of Union transit or common transit are observed;
obtaining such payments with a view to obtaining an advantage
contrary to the objectives of the support scheme concerned.
(d) for air transport, the air way bill showing that the airline
accepted the goods before that date.
Article 146
Notifications
1. Member States shall designate a single competent
TITLE V
authority or body responsible for fulfilling the notification obli
GENERAL, TRANSITIONAL AND FINAL PROVISIONS
gations with respect to each one of the following topics:
Article 143
Checks
(a) producer organisations, associations of producer organi
Without prejudice to specific provisions of this Regulation or
sations and producer groups, as provided for in Article 97
other Union legislation, Member States shall introduce checks
of this Regulation;
and measures in so far as they are necessary to ensure the
proper application of Regulation (EC) No 1234/2007 and this
Regulation. They shall be effective, proportionate and dissuasive
so that they provide adequate protection for the financial
(b) producer prices of fruit and vegetable in the internal market,
interests of the Union.
as provided for in Article 98 of this Regulation;

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(c) prices and quantities of the products imported from third
including an aid application, may be adjusted at any time after
countries sold on the representative import markets, as
its submission in cases of obvious errors recognised by the
provided for in Article 134 of this Regulation;
competent authority of the Member State.
(d) import volumes put into free circulation, as provided for in
Article 148
Article 139 of this Regulation.
Force majeure and exceptional circumstances
Where, under this Regulation or Regulation (EC)
No 1234/2007, a sanction or penalty is to be imposed or a
2. Member States shall notify the Commission of the desig
benefit or recognition is to be withdrawn, the sanction or
nation and the contact details of the authority or body
penalty shall not be imposed or the withdrawal made in cases
concerned, and every change of this information.
of force majeure or exceptional circumstances within the
meaning of Article 31 of Regulation (EC) No 73/2009.
The list of the designated authorities or body containing their
names and addresses shall be made available to the Member
However, the case of force majeure shall be notified, with
States and to the public by every appropriate means via the
relevant evidence to the satisfaction of the competent
information systems put in place by the Commission, including
authority of the Member State, to the authority within
publication on the Internet.
10 working days of the date on which the person concerned
is in a position to do so.
3. Without
prejudice
to
any
specific
provisions
of
this
Regu
lation, all notifications to be made by Member States to the
Article 149
Commission under this Regulation shall be made by electronic
Repeal
means of the information system made available to the
competent authorities or bodies of the Member States by the
Regulation (EC) No 1580/2007 is repealed.
Commission and in the format specified by the Commission.
However, Article 134 of Regulation (EC) No 1580/2007 shall
Notifications not made by the means and in the format referred
continue to apply until 31 August 2011.
to in the first subparagraph may be considered as not made at
all, without prejudice to paragraph 5.
References to the repealed Regulation shall be construed as
references to this Regulation and shall, where appropriate, be
read in accordance with the correlation table set out in Annex
4. Without
prejudice
to
any
specific
provisions
of
this
Regu
XIX.
lation, Member States shall take all measures necessary to
ensure that they are able to meet the deadlines for notifications
set out in this Regulation.
Article 150
Transitional provisions
5. If a Member State fails to make a notification as required
under this Regulation or Regulation (EC) No 1234/2007 or if
1. Operational programmes which benefit from
the notification appears incorrect in the light of objective facts
Article 203a(3)(a) of Regulation (EC) No 1234/2007 may
in the Commission’s possession, the Commission may suspend
continue to run until their end provided they comply with
part or all of the monthly payments referred to in Article 14 of
the rules applicable prior to 1 January 2008.
Council Regulation (EC) No 1290/2005 ( 1 ) as regards the fruit
and vegetables sectors until the notification is correctly made.
2. For the purposes of Article 203a(6) of Regulation (EC)
No 1234/2007, the rules on the minimum characteristics of
the raw material supplied for processing and minimum
Article 147
quality requirements for finished products which shall remain
Obvious errors
applicable in respect of the raw materials harvested in the
territory of Member States which make use of the transitional
Any notification, claim or request made to a Member State
arrangement referred to in that paragraph shall be, in addition
under this Regulation or Regulation (EC) No 1234/2007,
to any relevant marketing standards referred to in Title II of this
Regulation, those contained in the Commission Regulations
( 1 ) OJ L 209, 11.8.2005, p. 1.
listed in Annex XX.

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3. Recognition plans accepted under Regulation (EC)
(a) duly justify what distance shall be considered as significant
No 2200/96 which continue to benefit from acceptance
as referred to in Article 50(7)(b);
pursuant to Article 203a(4) of Regulation (EC) No 1234/2007
for producer groups not in Member States which acceded to the
European Union on 1 May 2004 or after that date and not in
(b) set out a maximum percentage of the annual expenditure
the outermost regions of the Union as referred to in Article 349
under an operational programme to be spent on actions
of the Treaty or in the smaller Aegean Islands as referred to in
related to the environmental management on packaging as
Article 1(2) of Council Regulation (EC) No 1405/2006 ( 1 ) shall
referred to in the second subparagraph of Article 60(4).
be financed at the rates set out in Article 103a(3)(b) of Regu
lation (EC) No 1234/2007.
5. Operational
programmes
that
were
approved
before
the
date of entry into force of this Regulation may continue to run
Recognition plans accepted under Regulation (EC) No 2200/96
until their end without fulfilling the maximum percentage
which benefited from Article 14(7) of that Regulation and
provided for by the second subparagraph of Article 60(4).
continue to benefit from acceptance pursuant to
Article 203a(4) of Regulation (EC) No 1234/2007 shall be
financed at the rates set out in Article 103a(3)(a) of Regulation
Article 151
(EC) No 1234/2007.
Entry into force
This Regulation shall enter into force on the seventh day
4. Member
States
shall
modify
their
national
strategies
by following that of its publication in the Official Journal of the
15 September 2011 at the latest if necessary in order to:
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 June 2011.
For the Commission
The President
José Manuel BARROSO
( 1 ) OJ L 265, 26.9.2006, p. 1.

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ANNEX I
MARKETING STANDARDS REFERRED TO IN ARTICLE 3
PART A
General marketing standard
1. Minimum quality requirements
Subject to the tolerances allowed, the products shall 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 affecting the flesh,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The condition of the products must be such as to enable them:
— to withstand transport and handling,
— to arrive in satisfactory condition at the place of destination.
2. Minimum maturity requirements
The products must be sufficiently developed, but not over-developed, and fruit must display satisfactory ripeness and
must not be overripe.
The development and state of maturity of the products must be such as to enable them to continue their ripening
process and to reach a satisfactory degree of ripeness.
3. Tolerance
A tolerance of 10 % by number or weight of product not satisfying the minimum quality requirements shall be
permitted in each lot. Within this tolerance not more than 2 per cent in total may consist of produce affected by
decay.
4. Marking of origin of produce
Full name of the country of origin ( 1 ). For products originating in a Member State this shall be in the language of the
country of origin or any other language understandable by the consumers of the country of destination. For other
products, this shall be in any language understandable by the consumers of the country of destination.
PART B
Specific marketing standards
PART 1: MARKETING STANDARD FOR APPLES
I. DEFINITION
OF
PRODUCE
This standard applies to apples of varieties (cultivars) grown from Malus domestica Borkh., to be supplied fresh to the
consumer, apples for industrial processing being excluded.
( 1 ) The full or commonly used name shall be indicated.

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II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for apples, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, apples must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— free from serious watercore, with the exception of Fuji and their mutants,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the apples must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Maturity requirements
The apples must be sufficiently developed, and display satisfactory ripeness.
The development and state of maturity of the apples must be such as to enable them to continue their ripening
process and to reach the degree of ripeness required in relation to the varietal characteristics.
In order to verify the minimum maturity requirements, several parameters may be considered (e.g. morphological
aspect, taste, firmness and refractometric index).
C. Classification
Apples are classified in three classes defined below.
(i) ‘Extra’ Class
Apples in this class must be of superior quality. They must be characteristic of the variety ( 1 ) and with the
stalk which must be intact.
Apples must express the following minimum surface colour characteristic of the variety:
— 3/4 of total surface red coloured in case of colour group A,
— 1/2 of total surface mixed red coloured in case of colour group B,
— 1/3 of total surface slightly red coloured, blushed or striped in case of colour group C.
( 1 ) A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.

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The flesh must be perfectly sound.
They must be free from defects with the exception of very slight superficial defects provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the package:
— very slight skin defects,
— very slight russeting ( 1 ) such as:
— brown patches that may not go outside the stem cavity and may not be rough and/or
— slight isolated traces of russeting.
(ii) Class I
Apples in this class must be of good quality. They must be characteristic of the variety ( 2 ).
Apples must express the following minimum surface colour characteristic of the variety:
— 1/2 of total surface red coloured in case of colour group A,
— 1/3 of total surface mixed red coloured in case of colour group B,
— 1/10 of total surface slightly red coloured, blushed or striped in case of colour group C.
The flesh must be perfectly sound.
The following slight defects, however, may be allowed, provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— a slight defect in development,
— a slight defect in colouring,
— slight bruising not exceeding 1 cm 2 of total surface area and not discoloured,
— slight skin defects which must not extend over more than:
— 2 cm in length for defects of elongated shape,
— 1 cm 2 of total surface area for other defects, with the exception of scab (Venturia inaequalis), which
must not extend over more than 0,25 cm 2 , cumulative, in area,
— slight russeting ( 3 ) such as:
— brown patches that may go slightly beyond the stem or pistil cavities but may not be rough and/or
— thin net-like russeting not exceeding 1/5 of the total fruit surface and not contrasting strongly with the
general colouring of the fruit and/or
— dense russeting not exceeding 1/20 of the total fruit surface, while thin net-like russeting and dense
russeting taken together may not exceed a maximum of 1/5 of the total surface of the fruit.
The stalk may be missing, provided the break is clean and the adjacent skin is not damaged.
( 1 ) Varieties marked with ‘R’ in the appendix to this standard are exempt from the provisions on russeting.
( 2 ) A non-exhaustive list of varieties providing a classification on colouring and russeting is set out in the appendix to this standard.
( 3 ) Varieties marked with ‘R’ in the appendix are exempt from the provisions on russeting.

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(iii) Class II
This class includes apples which do not qualify for inclusion in the higher classes but satisfy the minimum
requirements specified above.
The flesh must be free from major defects.
The following defects may be allowed, provided the apples retain their essential characteristics as regards the
quality, the keeping quality and presentation:
— defects in shape,
— defects in development,
— defects in colouring,
— slight bruising not exceeding 1,5 cm 2 in area which may be slightly discoloured,
— skin defects which must not extend over more than:
— 4 cm in length for defects of elongated shape,
— 2,5 cm 2 of total surface area for other defects, with the exception of scab (Venturia inaequalis), which
must not extend over more than 1 cm 2 , cumulative, in area;
— slight russeting ( 1 ) such as
— brown patches that may go beyond the stem or pistil cavities and may be slightly rough and/or
— thin net-like russeting not exceeding 1/2 of the total fruit surface and not contrasting strongly with the
general colouring of the fruit and/or
— dense russeting not exceeding 1/3 of the total fruit surface while
— thin net-like russeting and dense russeting taken together may not exceed a maximum of 1/2 of the
total surface of the fruit.
III. PROVISIONS CONCERNING SIZING
Size is determined either by the maximum diameter of the equatorial section or by weight.
The minimum size shall be 60 mm, if measured by diameter or 90 g, if measured by weight. Fruit of smaller sizes
may be accepted, if the Brix level of the produce is equal to or greater than to 10,5° Brix and the size is not smaller
than 50 mm or 70 g.
To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:
(a) for fruit sized by diameter:
— 5 mm for ‘Extra’ Class fruit and for Classes I and II fruit packed in rows and layers. However, for apples of the
varieties Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may
amount to 10 mm, and
— 10 mm for Class I fruit packed loose in the package or sales packages. However, for apples of the varieties
Bramley's Seedling (Bramley, Triomphe de Kiel) and Horneburger, the difference in diameter may amount to
20 mm, or
( 1 ) Varieties marked with ‘R’ in the appendix to this standard are exempt from the provisions on russeting.

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(b) for fruit sized by weight:
— For ‘Extra’ Class and Classes I and II apples packed in rows and layers:
Range (g) Weight
difference
(g)
70-90 15
g
91-135 20
g
136-200 30
g
201-300 40
g
> 300 50
g
— For Class I fruit packed loose in the package or in sales packages:
Range (g) Uniformity
(g)
70-135 35
136-300 70
> 300 100
There is no sizing uniformity requirement for Class II fruit packed loose in the package or in sales packages.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of apples not satisfying the requirements of the class,
but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist
of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements of the class,
but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist
of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of apples satisfying neither the requirements of the
class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may
consist of produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number or weight, of apples not satisfying the requirements as
regards sizing is allowed. This tolerance may not be extended to include produce with a size:
— 5 mm or more below the minimum diameter,
— 10 g or more below the minimum weight.

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V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only apples of the same origin, variety, quality and
size (if sized) and the same degree of ripeness.
In the case of the ‘Extra’ Class, uniformity also applies to colouring.
However, a mixture of apples of distinctly different varieties may be packed together in a sales package provided
they are uniform in quality and, for each variety concerned, in origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The apples must be packed in such a way as to protect the produce properly. In particular, sales packages of a net
weight exceeding 3 kg shall be sufficiently rigid to ensure proper protection of the produce.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Apples’ if the contents are not visible from the outside
— Name of the variety. In the case of a mixture of apples of distinctly different varieties, names of the different
varieties.
— The name of the variety can be replaced by a synonym. The name of the mutant or a trade name can only be
given in addition to the variety or the synonym.

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C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
In the case of a mixture of distinctly different varieties of apples of different origins, the indication of each country
of origin shall appear next to the name of the variety concerned.
D. Commercial specifications
— Class
— Size, or for fruit packed in rows and layers, number of units.
If identification is by the size, this should be expressed:
(a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and
maximum weight;
(b) for produce not subject to the uniformity rules, as the diameter or the weight of the smallest fruit in the
package followed by ‘and over’ or equivalent denomination or, if appropriate, followed by the diameter or
weight of the largest fruit in the package.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
Appendix
Non-exhaustive list of apple varieties
Fruits of varieties that are not part of the list must be graded according to their varietal characteristics.
Varieties Mutant Synonyms Colour
group Russeting
African Red
B
Akane Tohoku
3
B
Alborz Seedling
C
Aldas
B
Alice
B
Alkmene Early
Windsor
C
Alro
B
Alwa
B
Amasya
B
Angold
C
Antej Antei
B
Apollo Beauty
of
Blackmoor
C
( 1 ) The full or commonly used name shall be indicated.

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Varieties Mutant Synonyms Colour
group Russeting
Arkcharm Arkansas
No
18,
A
18
C
Arlet
B
R
Aroma
C
Mutants of Aroma e.g
C
Amorosa
C
Auksis
B
Beacon
A
Belfort Pella
B
Belle de Boskoop
R
Mutants of Belle de
R
Boskoop e.g
Boskoop rouge Red
Boskoop
R
Roter
Boskoop
Belle fleur double
Belorrusskoje
Belorusskoe Malinovoe, Byelo B
Mainovoje
russkoe Malinovoe
Berlepsch Freiherr
von
Berlepsch
C
Mutants of Berlepsch e.g.
C
Berlepsch rouge Red
Berlepsch,
Roter
Berlepsch C
Blushed Golden
Bogatir Bogatyr
Bohemia
B
Braeburn
B
Mutants of Braeburn e.g.
B
Hidala
B
Joburn
B
Lochbuie Red Braeburn
B
Mahana Red
B
Mariri Red
B
Redfield
B
Royal Braeburn
B
Bramley's Seedling Bramley,
Triomphe
de
Kiel
Brettacher Smling
Calville Groupe des

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Varieties Mutant Synonyms Colour
group Russeting
Cardinal
B
Carola Kalco
C
Caudle
B
Charden
Charles Ross
Civni
B
Coromandel Red Corodel
A
Cortland
B
Cox's Orange Pippin Cox
orange
C
R
Mutants of Cox's Orange
C
R
Pippin e.g.
Cherry Cox
C
R
Crimson Bramley
Cripps Pink
C
Mutants of Cripps Pink
C
e.g.
Pink Rose
C
Rosy Glow
C
Ruby Pink
C
Cripps Red C*
( 1 )
Dalinbel
B
R
Delblush
Delcorf
C
Mutants of Delcorf e.g.
C
Dalili
C
Monidel
C
Delgollune
B
Delicious ordinaire Ordinary
Delicious
B
Deljeni
Delikates
B
Delor
C
Discovery
C
Do Melbi Doch
Melbi
C
Dunn's Seedling
R

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Varieties Mutant Synonyms Colour
group Russeting
Dykmanns Zoet
C
Egremont Russet
R
Elan
Elise Red
Delight
A
Ellison's orange Ellison
C
Elstar
C
Mutants of Elstar e.g.
Bel-El
C
Daliest
C
Daliter
C
Elshof
C
Elstar Armhold
C
Elstar Reinhardt
C
Goedhof
C
Red Elstar
C
Valstar
C
Empire
A
Falstaff
C
Fiesta Red
Pippin
C
Florina
B
Forele
B
Fortune
R
Fuji
B
Mutants of Fuji e.g.
B
Kiku
B
Gala
C
Mutants of Gala e.g.
C
Annaglo
C
Baigent
C
Galaxy
C
Mitchgala
C
Obrogala
C
Regala
C
Regal Prince
C
Tenroy
C

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Varieties Mutant Synonyms Colour
group Russeting
Garcia
Ginger Gold
Gloster
B
Goldbohemia
Golden Delicious
Mutants of Golden
Delicious e.g.
Golden Russet
R
Golden Supreme Gradigold,
Golden
Extreme
Goldrush Coop
38
Goldstar
Granny Smith
Gravensteiner Gravenstein
Mutants of Gravensteiner
e.g.
Gravenstein rouge Red
Gravenstein,
Roter
Graven
steiner
Greensleeves
Holsteiner Cox Holstein
R
Mutants of Holsteiner
R
Cox e.g.
Holstein rouge Red
Holstein,
Roter
Holsteiner
R
Cox
Honeycrisp
C
Honey gold
Horneburger
Howgate Wonder Manga
Idared
B
Iedzēnu
B
Ilga
B
Ingrid Marie
B
R
Iron
C
Isbranica
C
Jacob Fisher

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Varieties Mutant Synonyms Colour
group Russeting
Jacques Lebel
Jamba
C
James Grieve
Mutants of James Grieve
e.g.
James Grieve rouge Red
James
Grieve
Jarka
C
Jerseymac
B
Jester
Jonagold ( 2 )
C
Mutants of Jonagold e.g.
C
Crowngold
C
Daligo
C
Daliguy Jonasty
C
Dalijean Jonamel
C
Decosta
C
Jomar
C
Jomured Van
de
Poel
C
Jonabel
C
Jonabres
C
Jonagold Boerekamp
C
Jonagold 2000 Excel
C
Jonagored Supra
C
Jonaveld
C
King Jonagold
C
New Jonagold Fukushima
C
Novajo Veulemanns
C
Primo
C
Red Jonaprince
C
Romagold Surkijn
C
Rubinstar
C
Schneica Jonica
C
Wilmuta
C

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Varieties Mutant Synonyms Colour
group Russeting
Jonalord
C
Jonathan
B
Julia
B
Jupiter
Karmijn de Sonnaville
C
Katja Katy
B
Kent
R
Kidd's orange red
C
R
Kim
B
Koit
C
Korinoje
Korichnoe Novoe, Korichnevoe C
Novoje
Novoe
Kovaenkovskoje Kovalenkovskoe
B
Krameri Tuvioun
B
Kulikovskoje
B
Lady Williams
B
Lane's Prince Albert
Laxton's Superb
C
R
Ligol
B
Lobo
B
Lodel
A
Lord Lambourne
C
Maigold
B
McIntosh
B
Meelis
B
Melba
C
Melodie
B
Melrose
C
Meridian
C
Moonglo
C

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Varieties Mutant Synonyms Colour
group Russeting
Morgenduft Imperatore
B
Mutsu
Noris
B
Normanda
C
Nueva Europa
C
Nueva Orleans
B
Odin
B
Ontario
B
Orlik
B
Orlovskoje Polosatoje
C
Ozark Gold
Paula Red
B
Pero de Cirio
Piglos
B
Pikant
B
Pikkolo
C
Pilot
C
Pimona
C
Pinova
C
Pirella
B
Piros
C
Prima
B
Rafzubex
A
Rafzubin
C
Rajka
B
Rambour d'hiver
Rambour Franc
B
Reanda
B
Rebella
C

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Varieties Mutant Synonyms Colour
group Russeting
Red Delicious
A
Mutants of Red Delicious
A
e.g.
Erovan Early
Red
A
One
Fortuna Delicious
A
Oregon Oregon
Spur
Delicious
A
Otago
A
Red Chief
A
Red King
A
Red Spur
A
Red York
A
Richared
A
Royal Red
A
Shotwell Delicious
A
Stark Delicious
A
Starking
A
Starkrimson
A
Starkspur
A
Topred
A
Well Spur
A
Red Dougherty
A
Redkroft
A
Regal
A
Regina
B
Reglindis
C
Reine des Reinettes Gold
Parmoné,
Goldparmne
C
Reineta Encarnada
B
Reinette Rouge du
B
Canada
Reinette d'Orléans
Reinette Blanche du
Reinette du Canada, Canada
R
Canada
Blanc, Kanadarenette, Renetta
del Canada

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Varieties Mutant Synonyms Colour
group Russeting
Reinette de France
Reinette de Landsberg
Reinette grise du Canada Graue
Kanadarenette
R
Relinda
C
Remo
B
Renora
B
Resi
B
Resista
Retina
B
Rewena
B
Roja de Benejama Verruga,
Roja
del
Valle,
A
Clavelina
Rome Beauty Belle
de
Rome,
Rome
B
Mutants of Rome Beauty
B
e.g.
Red Rome
B
Rosana
B
Royal Beauty
A
Rubin (Czech cultivar)
C
Rubin (Kazahstan
B
cultivar)
Rubinola
B
Rudens Svītrainais Osennee
Polosatoe,
Rudeninis
C
Dryzuotasis, Rudens Svītrotais,
Streifling, Streifling Herbst,
Sügisjoonik, Syysjuovikas and
numerous others
Saltanat
B
Sciearly
A
Scifresh
B
Sciglo
A
Sciray GS48
A
Scired
A
R
Sciros
A

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Varieties Mutant Synonyms Colour
group Russeting
Selena
B
Shampion
B
Sidrunkollane Talioun
Sinap Orlovskij
Snygold Earlygold
Sommerregent
C
Spartan
A
Splendour
A
St. Edmunds Pippin
R
Stark's Earliest
C
taris Staris
A
Sturmer Pippin
R
Summerred
B
Sügisdessert
C
Sunrise
A
Sunset
R
Suntan
R
Sweet Caroline
C
Talvenauding
B
R
Tellisaare
B
Tiina Tina
C
Topaz
B
Tydeman's Early
Tydeman's Early
B
Worcester
Veteran
B
Vista Bella Bellavista
B
Wealthy
B
Worcester Pearmain
B
York
B
Zarja Alatau Zarya
Alatau
Zailijskoje Zailiyskoe
B
igulovskoje Zhigulovskoe
C
( 1 ) With minimum 20 % for Class I and Class II
( 2 ) However, for the variety Jonagold, at least one-tenth surface of the fruit in Class II must be streaked with red colouring.

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PART 2: MARKETING STANDARD FOR CITRUS FRUIT
I. DEFINITION
OF
PRODUCE
This standard applies to the following varieties (cultivars) of fruit, classified as ‘citrus fruit’, to be supplied fresh to the
consumer, citrus fruit for industrial processing being excluded:
— lemons grown from the species Citrus limon (L.) Burm. f.,
— mandarins (Citrus reticulata Blanco), including satsumas (Citrus unshiu Marcow), clementines (Citrus clementina hort.
ex Tanaka), common mandarins (Citrus deliciosa Ten.) and tangerines (Citrus tangerina Tan.) grown from these
species and hybrids thereof,
— oranges grown from the species Citrus sinensis (L.) Osbeck.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for citrus fruit after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the citrus fruit must be:
— intact,
— free of bruising and/or extensive healed overcuts,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— free of signs of shrivelling and dehydration,
— free of damage caused by low temperature or frost,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the citrus fruit must be such as to enable it:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Maturity requirements
The citrus fruit must have reached an appropriate degree of development and ripeness, account being taken of
criteria proper to the variety, the time of picking and the growing area.
Maturity of citrus fruit is defined by the following parameters specified for each species below:
— minimum juice content,

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— minimum total soluble solids content, i.e. minimum sugar content,
— minimum sugar/acid ratio ( 1 ),
— colouring.
The degree of colouring shall be such that following normal development the citrus fruit reach the colour typical
of the variety at their destination point.
Minimum juice Minimum sugar
content
content
Minimum
(per cent)
(°Brix)
sugar/acid ratio
Colouring
Lemons 20 Must
be
typical
of
the
variety.
Fruit
with
a
green
(but
not
dark
green)
colour is allowed, provided it satisfies the minimum requirements as to
juice content
Satsumas, clementines, other mandarin varieties and their hybrids
Satsumas 33 6,5:1
Must be typical of the variety on at least one third of the surface of the
fruit
Clementines 40 7,0:1
Other mandarin varieties and
33 7,5:1
their hybrids
Oranges
Blood oranges 30 6,5:1 Must
be
typical
of
the
variety.
However,
fruit
with
light
green
colour
not exceeding one fifth of the total surface area of the fruit is allowed,
provided it satisfies the minimum requirements as to juice content.
Navels group 33 6,5:1
Oranges produced in areas with high temperatures and high relative
humidity conditions during the developing period having a green
colour exceeding one fifth of the surface area of the fruit are
Other varieties 35 6,5:1
allowed, provided they satisfy the minimum requirements as to juice
content.
Mosambi, Sathgudi and
33
Pacitan with more than one
fifth green colour
Other varieties with more
45
than one fifth green colour
Citrus fruit meeting these maturity requirements may be ‘degreened’. This treatment is only permitted if the other
natural organoleptic characteristics are not modified.
C. Classification
Citrus fruit is classified in three classes, as defined below:
(i) ‘Extra’ Class
Citrus fruit in this class must be of superior quality. It must be characteristic of the variety and/or commercial
type.
It must be free from defects, with the exception of very slight superficial defects, provided these do not affect
the general appearance of the produce, the quality, the keeping quality and presentation in the package.
(ii) Class I
Citrus fruit in this class must be of good quality. It must be characteristic of the variety and/or commercial
type.
( 1 ) Calculated as described in the OECD guidance on objective tests.

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The following slight defects, however, may be allowed provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— slight defects in colouring, including slight sunburn,
— slight progressive skin defects, provided they do not affect the flesh,
— slight skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,
— slight healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,
— slight and partial detachment of the peel (or rind) for all fruit of the mandarin group.
(iii) Class II
This class includes citrus fruit which does not qualify for inclusion in the higher classes but satisfies the
minimum requirements specified above.
The following defects may be allowed, provided the citrus fruit retains its essential characteristics as regards
the quality, the keeping quality and presentation:
— defects in shape,
— defects in colouring, including sunburn,
— progressive skin defects, provided they do not affect the flesh,
— skin defects occurring during the formation of the fruit, such as silver scurfs, russets or pest damage,
— healed defects due to a mechanical cause such as hail damage, rubbing or damage from handling,
— superficial healed skin alterations,
— rough skin,
— a slight and partial detachment of the peel (or rind) for oranges and a partial detachment of the peel
(or rind) for all fruit of the mandarin group.
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section of the fruit or by count.
A. Minimum size
The following minimum sizes apply:
Fruit Diameter
(mm)
Lemons
45
Satsumas, other mandarin varieties and hybrids 45
Clementines 35
Oranges
53

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B. Uniformity
Citrus fruit may be sized by one of the following options:
(a) To ensure uniformity in size, the range in size between produce in the same package shall not exceed:
— 10 mm, if the diameter of the smallest fruit (as indicated on the package) is < 60 mm
— 15 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 60 mm but < 80 mm
— 20 mm, if the diameter of the smallest fruit (as indicated on the package) is ≥ 80 mm but < 110 mm
— there is no limitation of difference in diameter for fruit ≥ 110 mm.
(b) When size codes are applied, the codes and ranges in the following tables must be respected:
Size code Diameter
(mm)
0 79-90
1 72-83
2 68-78
3 63-72
Lemons
4 58-67
5 53-62
6 48-57
7 45-52
1 - XXX 78
and
above
1 - XX 67-78
1 or 1 - X 63-74
2 58-69
3 54-64
4 50-60
Satsumas, clementines, and other
mandarin varieties and hybrids
5 46-56
6 ( 1 ) 43-52
7 41-48
8 39-46
9 37-44
10 35-42

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Size code Diameter
(mm)
0 92–110
1 87–100
2 84–96
3 81–92
4 77–88
5 73–84
6 70–80
Oranges
7 67–76
8 64–73
9 62–70
10 60–68
11 58–66
12 56–63
13 53–60
( 1 ) Sizes below 45 mm refer to clementines only.
Uniformity in size is achieved by the above-mentioned size scales, unless otherwise stated as follows:
For fruit in bulk bins and fruit in sales packages of a maximum net weight of 5 kg, the maximum difference
must not exceed the range obtained by grouping three consecutive sizes in the size scale.
(c) For fruit sized by count, the difference in size should be consistent with (a).
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of citrus fruit not satisfying the requirements of the
class, but meeting those of Class I is allowed. Within this tolerance, not more than 0,5 per cent in total may
consist of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of citrus fruit not satisfying the requirements of the
class, but meeting those of Class II is allowed. Within this tolerance, not more than 1 per cent in total may
consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay.

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(iii) Class II
A total tolerance of 10 per cent, by number or weight, of citrus fruit satisfying neither the requirements of the
class nor the minimum requirements is allowed. Within this tolerance, not more than 2 per cent in total may
consist of produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number or weight, of citrus fruit corresponding to the size
immediately below and/or above that (or those, in the case of the combination of three sizes) mentioned on the
packages is allowed.
In any case, the tolerance of 10 % applies only to fruit not smaller than the following minima:
Fruit Diameter
(mm)
Lemons
43
Satsumas, other mandarin varieties and hybrids 43
Clementines 34
Oranges
50
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only citrus fruit of the same origin, variety or
commercial type, quality and size, and appreciably of the same degree of ripeness and development.
In addition, for the ‘Extra’ Class, uniformity in colouring is required.
However, a mixture of citrus fruit of distinctly different species may be packed together in a sales package,
provided they are uniform in quality and, for each species concerned, in variety or commercial type and origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The citrus fruit must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
If the fruit is wrapped, thin, dry, new and odourless ( 1 ) paper must be used.
The use of any substance tending to modify the natural characteristics of the citrus fruit, especially its taste or
smell ( 2 ), is prohibited.
Packages must be free of all foreign matter. However, a presentation where a short (not wooden) twig with some
green leaves adheres to the fruit is allowed.
( 1 ) The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where
it is compatible with the applicable European Union provisions.
( 2 ) The use of preserving agents or any other chemical substance liable to leave a foreign smell on the skin of the fruit is permitted where
it is compatible with the applicable European Union provisions.

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VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— Common name of the species if the produce is not visible from the outside.
— Name of the variety, for oranges.
— For the mandarins’ group:
— Satsumas: ‘Satsumas’, which may be followed by the variety
— Clementines: ‘Clementines’, which may be followed by the variety and, where appropriate, by either the
indication ‘seedless’ for seedless clementines (no seeds), clementines (1 to 10 seeds), or clementines ‘with
seeds’ for clementines with more than 10 seeds
— Other mandarins and their hybrids: name of the variety.
— ‘Mixture of citrus fruit’ or equivalent denomination and common names of the different species, in case of a
mixture of citrus fruit of distinctly different species.
— ‘Seedless’ (optional) ( 1 ).
C. Origin of produce
— Country of origin ( 2 ) and, optionally, district where grown, or national, regional or local place name.
— In the case of a mixture of citrus fruit of distinctly different species of different origins, the indication of each
country of origin shall appear next to the name of the species concerned.
D. Commercial specifications
— Class.
— Size expressed as:
— Minimum and maximum sizes (in mm) or
( 1 ) Seedless citrus fruit may occasionally contain seeds.
( 2 ) The full or commonly used name shall be indicated.

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— Size code(s) followed, optionally, by a minimum or maximum size or Count.
— When used, mention of the preserving agent or other chemical substances used at post-harvest stage.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
PART 3: MARKETING STANDARD FOR KIWIFRUIT
I. DEFINITION
OF
PRODUCE
This standard applies to kiwifruit (also known as Actinidia or kiwi) of varieties (cultivars) grown from Actinidia
chinensis Planch. and Actinidia deliciosa (A. Chev.), C.F. Liang and A.R. Ferguson to be supplied fresh to the
consumer, kiwifruit for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for kiwifruit, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the kiwifruit must be:
— intact (but free of peduncle),
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— adequately firm; not soft, shrivelled or water-soaked,
— well formed, double/multiple fruit being excluded,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the kiwifruit must be such as to enable it:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Minimum maturity requirements
The kiwifruit must be sufficiently developed and display satisfactory ripeness.

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In order to satisfy this requirement, the fruit at packing must have attained a degree of ripeness of at least
6,2° Brix or an average dry matter content of 15 %, which should lead to 9,5° Brix when entering the distribution
chain.
C. Classification
Kiwifruit is classified in three classes as defined below.
(i) ‘Extra’ Class
Kiwifruit in this class must be of superior quality. It must be characteristics of the variety.
The fruit must be firm and the flesh must be perfectly sound.
It must be free from defects with the exception of very slight superficial defects, provided these do not affect
the general appearance of the produce, the quality, the keeping quality and presentation in the package.
The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,8 or
greater.
(ii) Class I
Kiwifruit in this class must be of good quality. It must be characteristic of the variety.
The fruit must be firm and the flesh must be perfectly sound.
The following slight defects, however, may be allowed provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape (but free of swelling or malformations),
— slight defects in colouring,
— slight skin defects, provided the total area affected does not exceed 1 cm 2 ,
— small ‘Hayward mark’ like longitudinal lines and without protuberance.
The ratio of the minimum/maximum diameter of the fruit measured at the equatorial section must be 0,7 or
greater.
(iii) Class II
This class includes kiwifruit that does not qualify for inclusion in the higher classes, but satisfies the minimum
requirements specified above.
The fruit must be reasonably firm and the flesh should not show any serious defects.
The following defects may be allowed provided the kiwifruit retains its essential characteristics as regards the
quality, the keeping quality and presentation:
— defects in shape,
— defects in colouring,
— skin defects such as small healed cuts or scarred/grazed tissue, provided that the total area affected does
not exceed 2 cm 2 ,
— several more pronounced ‘Hayward marks’ with a slight protuberance,
— slight bruising.

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III. PROVISIONS CONCERNING SIZING
Size is determined by the weight of the fruit.
The minimum weight for ‘Extra’ Class is 90 g, for Class I is 70 g and for Class II is 65 g.
To ensure uniformity in size, the range in size between produce in the same package shall not exceed:
— 10 g for fruit of weight up to 85 g,
— 15 g for fruit weighing between 85 g and 120 g,
— 20 g for fruit weighing between 120 g and 150 g,
— 40 g for fruit weighing 150 g or more.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class
but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist
of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of kiwifruit not satisfying the requirements of the class
but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist
of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of kiwifruit satisfying neither the requirements of the
class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may
consist of produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 %, by number or weight, of kiwifruit not satisfying the requirements as
regards sizing is allowed.
However, the kiwifruit must not weigh less than 85 g in ‘Extra’ Class, 67 g in Class I and 62 g in Class II.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only kiwifruit of the same origin, variety, quality and
size.
The visible part of the contents of the package must be representative of the entire contents.

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B. Packaging
The kiwifruit must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps, bearing trade specifications
is allowed, provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Kiwifruit’ and/or ‘Actinidia’, if the contents are not visible from the outside.
— Name of the variety (optional).
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class.
— Size expressed by the minimum and maximum weight of the fruit.
— Number of fruits (optional).
E. Official control mark (optional)
Packages need not bear the particulars mentioned in the first subparagraph, when they contain sales packages, clearly
visible from the outside, and all bearing these particulars. These packages shall be free from any indications such as
could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an obvious
position on at least two sides of the pallet.
( 1 ) The full or the commonly used name shall be indicated.

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PART 4: MARKETING STANDARD FOR LETTUCES, CURLED-LEAVED ENDIVES AND BROAD-LEAVED
(BATAVIAN) ENDIVES
I. DEFINITION
OF
PRODUCE
This standard applies to
— lettuces of varieties (cultivars) grown from:
— Lactuca sativa var. capitata L. (head lettuces including crisphead and ‘Iceberg’ type lettuces),
— Lactuca sativa var. longifolia Lam. (cos or romaine lettuces),
— Lactuca sativa var. crispa L. (leaf lettuces),
— crosses of these varieties and
— curled-leaved endives of varieties (cultivars) grown from Cichorium endivia var. crispum Lam. and
— broad-leaved (Batavian) endives (escaroles) of varieties (cultivars) grown from Cichorium endivia var. latifolium Lam.
to be supplied fresh to the consumer.
This standard does not apply to produce for industrial processing, produce presented as individual leaves, lettuces
with root ball or lettuces in pots.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for produce, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the produce must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean and trimmed, i.e. practically free from all earth or other growing medium and practically free of any
visible foreign matter,
— fresh in appearance,
— practically free from pests,
— practically free from damage caused by pests,
— turgescent,
— not running to seed,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In the case of lettuce, a reddish discolouration, caused by low temperature during growth, is allowed, unless it
seriously affects the appearance of the lettuce.
The roots must be cut close to the base of the outer leaves and the cut must be neat.

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The produce must be of normal development. The development and condition of the produce must be such as to
enable it:
— to withstand transportation and handling, and
— to arrive in a satisfactory condition at the place of destination.
B. Classification
The produce is classified in two classes, as defined below:
(i) Class I
Produce in this class must be of good quality. It must be characteristic of the variety and/or commercial type.
The produce must also be:
— well formed,
— firm, taking into account the cultivation methods and the type of produce,
— free from damage or deterioration impairing edibility,
— free from frost damage.
Head lettuces must have a single well-formed heart. However, in the case of head lettuces grown under
protection, the heart may be small.
Cos lettuces must have a heart, which may be small.
The centre of curled-leaved endives and broad-leaved (Batavian) endives must be yellow in colour.
(ii) Class II
This class includes produce which do not qualify for inclusion in Class I, but satisfy the minimum
requirements specified above.
The produce must be:
— reasonably well-formed,
— free from damage and deterioration which may seriously impair edibility.
The following defects may be allowed provided the produce retains its essential characteristics as regards the
quality, the keeping quality and presentation:
— slight discolouration,
— slight damage caused by pests.
Head lettuces must have a heart, which may be small. However, in the case of head lettuces grown under
protection, absence of heart is permissible.
Cos lettuces may show no heart.
III. PROVISIONS CONCERNING SIZING
Size is determined by the weight of one unit.

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To ensure uniformity in size, the range in size between produce in the same package shall not exceed:
(a) Lettuces
— 40 g when the lightest unit weighs less than 150 g per unit,
— 100 g when the lightest unit weighs between 150 g and 300 g per unit,
— 150 g when the lightest unit weighs between 300 g and 450 g per unit,
— 300 g when the lightest unit weighs more than 450 g per unit.
(b) Curled-leaved and broad-leaved (Batavian) endives
— 300 g.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) Class I
A total tolerance of 10 per cent, by number, of produce not satisfying the requirements of the class, but
meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of
produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce
affected by decay.
(ii) Class II
A total tolerance of 10 per cent, by number, of produce satisfying neither the requirements of the class nor
the minimum requirements is allowed. With this tolerance not more than 2 per cent in total may consist of
produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number, of produce not satisfying the requirements as regards
sizing is allowed.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only produce of the same origin, variety or
commercial type, quality and size.
However, a mixture of lettuces and/or endives of distinctly different, varieties, commercial types and/or colours
may be packed together in a package, provided they are uniform in quality and, for each variety, commercial type
and/or colour, in origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The produce must be packed in such a way as to protect it properly. It must be reasonably packed having regard
to the size and type of packaging, without empty spaces or crushing.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is
allowed, provided the printing or labelling has been done with non-toxic ink or glue.

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Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Lettuces’, ‘butterhead lettuces’, ‘batavia’, ‘crisphead lettuces (Iceberg)’, ‘cos lettuces’, ‘leaf lettuce’ (or, for example
and where appropriate, ‘Oak leaf’, ‘Lollo bionda’, ‘Lollo rossa’),‘curled-leaved endives’, ‘broad-leaved (Batavian)
endives’, or equivalent denomination if the contents are not visible from the outside.
— ‘Little gem’ or equivalent denomination, where appropriate.
— ‘Grown under protection’, or equivalent denomination where appropriate.
— Name of the variety (optional).
— ‘Mixture of lettuces/endives’, or equivalent denomination in the case of a mixture of lettuces and/or endives of
distinctly different varieties, commercial types and/or colours. If the produce is not visible from the outside,
the varieties, commercial types and/or colours, and the quantity of each in the package must be indicated.
C. Origin of produce
— Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
— In the case of a mixture of lettuces and/or endives of distinctly different varieties, commercial types and/or
colours of different origins, the indication of each country of origin shall appear next to the name of the
variety, commercial type and/or colour concerned.
D. Commercial specifications
— Class
— Size, expressed by the minimum weight per unit, or number of units
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
( 1 ) The full or the commonly used name shall be indicated.

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PART 5: MARKETING STANDARD FOR PEACHES AND NECTARINES
I. DEFINITION
OF
PRODUCE
This standard applies to peaches and nectarines of varieties (cultivars) grown from Prunus persica Sieb. and Zucc., to be
supplied fresh to the consumer, peaches and nectarines for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for peaches and nectarines, after preparation and
packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, peaches and nectarines
must be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— free of fruit split at the stalk cavity,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
— The development and condition of peaches and nectarines must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Maturity requirements
The fruit must be sufficiently developed and display satisfactory ripeness. The minimum refractometric index of
the flesh should be greater than or equal to 8° Brix.
C. Classification
Peaches and nectarines are classified into three classes, as defined below:
(i) ‘Extra’ Class
Peaches and nectarines in this class must be of a superior quality. They must be characteristic of the variety.
The flesh must be perfectly sound.
They must be free from defects with the exception of very slight superficial defects, provided that these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.
(ii) Class I
Peaches and nectarines in this class must be of good quality. They must be characteristic of the variety. The
flesh must be perfectly sound.

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The following slight skin defects, however, may be allowed provided these do not affect the general
appearance of the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— a slight defect in development,
— slight defects in colouring,
— slight pressure marks not exceeding 1 cm 2 in total surface area,
— slight skin defects which must not extend over more than:
— 1,5 cm in length for defects of elongated shape,
— 1 cm 2 in total surface area for other defects.
(iii) Class II
This class includes peaches and nectarines which do not qualify for inclusion in the higher classes, but satisfy
the minimum requirements specified above.
The flesh must be free from major defects. The following skin defects may be allowed provided the peaches
and nectarines retain their essential characteristics as regards the quality, the keeping quality and presentation:
— defects in shape,
— defects in development, including split stones, provided the fruit is closed and the flesh is sound,
— defects in colouring,
— bruises which may be slightly discoloured and not exceeding 2 cm 2 in total surface area,
— skin defects which must not extend over more than
— 2,5 cm in length for defects of elongated shape,
— 2 cm 2 in total surface area for other defects.
III. PROVISIONS CONCERNING SIZING
Size is determined either by the maximum diameter of the equatorial section, by weight, or by count.
The minimum size shall be:
— 56 mm or 85 g in Class ‘Extra’,
— 51 mm or 65 g in Classes I and II (if sized).
However, fruit below 56 mm or 85 g, is not marketed in the period from 1 July to 31 October (northern hemisphere)
and from 1 January to 30 April (southern hemisphere).
The following provisions are optional for Class II.
To ensure uniformity in size, the range in size between produce in the same package shall not exceed:
(a) For fruit sized by diameter:
— 5 mm for fruit below 70 mm,

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— 10 mm for fruit of 70 mm and more.
(b) For fruit sized by weight:
— 30 g for fruit below 180 g,
— 80 g for fruit of 180 g and more.
(c) For fruit sized by count, the difference in size should be consistent with (a) or (b).
If size codes are applied, those in the table below have to be respected.
diameter weight
code
from to from to
(mm) (mm) (g) (g)
1
D 51 56 65 85
2
C 56 61 85 105
3
B 61 67 105 135
4
A 67 73 135 180
5 AA 73 80 180 220
6 AAA 80 90 220 300
7 AAAA >
90 >
300
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements for the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of peaches or nectarines not satisfying the requirements
of the class, but meeting those of class I is allowed. Within this tolerance not more than 0,5 per cent in total
may consist of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of peaches or nectarines not satisfying the
requirements of the class, but meeting those of class II is allowed. Within this tolerance not more than 1
per cent in total may consist of produce satisfying neither the requirements of Class II quality nor the
minimum requirements, or of produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of peaches or nectarines satisfying neither the
requirements of the class nor the minimum requirements is allowed. Within this tolerance not more than
2 per cent in total may consist of produce affected by decay.
B. Size tolerances
For all classes (if sized): a total tolerance of 10 per cent, by number or weight, of peaches or nectarines not
satisfying the requirements as regards sizing is allowed.

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V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only peaches or nectarines of the same origin, variety,
quality, degree of ripeness and size (if sized), and for the ‘Extra’ Class, the contents must also be uniform in
colouring.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The peaches or nectarines must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed to the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects
Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Peaches’ or ‘Nectarines’, if the contents are not visible from the outside.
— Colour of the flesh.
— Name of the variety (optional).
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
D. Commercial specifications
— Class.
( 1 ) The full or the commonly used name shall be indicated.

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— Size (if sized) expressed as minimum and maximum diameters (in mm) or minimum and maximum weights
(in g) or as size code.
— Number of units (optional).
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
PART 6: MARKETING STANDARD FOR PEARS
I. DEFINITION
OF
PRODUCE
This standard applies to pears of varieties (cultivars) grown from Pyrus communis L. to be supplied fresh to the
consumer, pears for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for pears, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, pears must be:
— intact
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded
— clean, practically free of any visible foreign matter
— practically free from pests
— free from damage caused by pests affecting the flesh
— free of abnormal external moisture
— free of any foreign smell and/or taste.
The development and condition of the pears must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Maturity requirements
The development and state of maturity of the pears must be such as to enable them to continue their ripening
process and to reach the degree of ripeness required in relation to the varietal characteristics.
C. Classification
Pears are classified in three classes, as defined below:
(i) ‘Extra’ Class
Pears in this class must be of superior quality. They must be characteristic of the variety ( 1 ).
( 1 ) A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.

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The flesh must be perfectly sound, and the skin free from rough russeting.
They must be free from defects with the exception of very slight superficial defects provided these do not
affect the general appearance of the fruit, the quality, the keeping quality and presentation in the package.
The stalk must be intact.
Pears must not be gritty.
(ii) Class I
Pears in this class must be of good quality. They must be characteristic of the variety. ( 1 )
The flesh must be perfectly sound.
The following slight defects, however, may be allowed, provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape
— a slight defect in development
— slight defects in colouring
— very slight rough russeting
— slight skin defects which must not extend over more than:
— 2 cm in length for defects of elongated shape
— 1 cm 2 of total surface area for other defects, with the exception of scab (Venturia pirina and V.
inaequalis), which must not extend over more than 0,25 cm 2 cumulative in area.
— slight bruising not exceeding 1 cm 2 in area.
The stalk may be slightly damaged.
Pears must not be gritty.
(iii) Class II
This class includes pears that do not qualify for inclusion in the higher classes but satisfy the minimum
requirements specified above.
The flesh must be free from major defects.
The following defects may be allowed provided the pears retain their essential characteristics as regards the
quality, the keeping quality and presentation.
— defects in shape
— defects in development
— defects in colouring
( 1 ) A non-exhaustive list of large fruited and summer pear varieties is included in the appendix to this standard.

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— slight rough russeting
— skin defects which must not extend over more than:
— 4 cm in length for defects of elongated shape
— 2,5 cm 2 of total surface area for other defects, with the exception of scab (Venturia pirina and V.
inaequalis), which must not extend over more than 1 cm 2 cumulative in area.
— slight bruising not exceeding 2 cm 2 in area.
III. PROVISIONS CONCERNING SIZING
Size is determined by maximum diameter of the equatorial section or by weight.
The minimum size shall be:
(a) For fruit sized by diameter:
‘Extra’ Class
I Class
II
Large-fruited varieties 60
mm 55
mm 55
mm
Other varieties 55
mm 50
mm 45
mm
(b) For fruit sized by weight:
‘Extra’ Class
I Class
II
Large-fruited varieties 130
g 110
g 110
g
Other varieties 110
g 100
g 75
g
Summer pears included in the Appendix to this standard do not have to respect the minimum size.
To ensure the uniformity in size, the range in size between produce in the same package shall not exceed:
(a) For fruit sized by diameter:
— 5 mm for ‘Extra’ Class fruit and for Class I and II fruit packed in rows and layers
— 10 mm for Class I fruit packed loose in the package or in sales packages.
(b) For fruit sized by weight:
— for ‘Extra’ Class fruit and Class I and II fruit packed in rows and layers:
Range (g) Weight
difference
(g)
75-100 15
100–200 35
200-250 50
> 250 80

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— for Class I fruit packed loose in the package or in sales packages:
Range (g) Weight
difference
(g)
75-100 25
100–200 50
> 200 100
There is no sizing uniformity limit for Class II fruit packed loose in the package or in sales packages.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of pears not satisfying the requirements of the class but
meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of
produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of pears not satisfying the requirements of the class
but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist
of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of pears satisfying neither the requirements of the
class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may
consist of produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number or weight, of pears not satisfying the requirements as
regards sizing is allowed, with a maximum variation of:
— 5 mm below the minimum diameter
— 10 g below the minimum weight.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only pears of the same origin, variety, quality, and
size (if sized) and the same degree of ripeness.
In the case of the ‘Extra’ Class, uniformity also applies to colouring.
However, a mixture of pears of distinctly different varieties may be packed together in a sales package, provided
they are uniform in quality and, for each variety concerned, in origin.
The visible part of the contents of the package must be representative of the entire contents.

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B. Packaging
Pears must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside.
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Pears’, if the contents are not visible from the outside.
— Name of the variety. In the case of a mixture of pears of distinctly different varieties, names of the different
varieties.
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name. In the case of
a mixture of distinctly different varieties of pears of different origins, the indication of each country of origin shall
appear next to the name of the variety concerned.
D. Commercial specifications
— Class.
— Size, or for fruit packed in rows and layers, number of units.
— If identification is by the size, this should be expressed:
(a) for produce subject to the uniformity rules, as minimum and maximum diameters or minimum and
maximum weights,
( 1 ) The full or the commonly used name shall be indicated.

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(b) for produce not subject to the uniformity rules, the diameter or the weight of the smallest fruit in the
package followed by ‘and over’ or equivalent denomination or, where appropriate, the diameter or the
weight of the largest fruit in the package.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
Appendix
Size criteria for pears
L = Large-fruited variety
SP = Summer pear, for which no minimum size is required.
Non-exhaustive list of large-fruited and summer pear varieties
Small-fruited and other varieties which do not appear in the list may be marketed as long as they meet the size
requirements for other varieties as described in section III of the standard.
Some of the varieties listed in the following may be marketed under names for which trademark protection has been
sought or obtained in one or more countries. The first and second columns of the table hereunder do not intend to
include such trade names. References to known trademarks have been included in the third column for information only.
Variety Synonyms Trade
names Size
Abbé Fétel Abate
Fetel
L
Abugo o Siete en Boca
SP
Aka
SP
Alka
L
Alsa
L
Amfora
L
Alexandrine Douillard
L
Bambinella
SP
Bergamotten
SP
Beurré Alexandre Lucas Lucas
L
Beurré Bosc Bosc,
Beurré
d’Apremont,
Empereur
Alexandre,
Kaiser L
Alexander
Beurré Clairgeau
L
Beurré d’Arenberg Hardenpont
L
Beurré Giffard
SP

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Variety Synonyms Trade
names Size
Beurré précoce Morettini Morettini SP
Blanca de Aranjuez Agua
de
Aranjuez,
Espadona,
Blanquilla SP
Carusella
SP
Castell Castell
de
Verano SP
Colorée de Juillet Bunte
Juli SP
Comice rouge
L
Concorde
L
Condoula
SP
Coscia Ercolini SP
Curé
Curato, Pastoren, Del cura de Ouro, Espadon de invierno,
L
Bella de Berry, Lombardia de Rioja, Batall de Campana
D’Anjou
L
Dita
L
D. Joaquina Doyenné
de
Juillet SP
Doyenné d’hiver Winterdechant
L
Doyenné du Comice Comice,
Vereinsdechant
L
Erika
L
Etrusca
SP
Flamingo
L
Forelle
L
Général Leclerc Amber
L
Grace
Gentile
SP
Golden Russet Bosc
L
Grand champion
L
Harrow Delight
L
Jeanne d’Arc
L
Joséphine
L
Kieffer
L
Klapa Mīlule
L
Leonardeta Mosqueruela,
Margallon,
Colorada
de
Alcanadre,
Leonarda SP
de Magallon

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Variety Synonyms Trade
names Size
Lombacad
Cascade
L
Moscatella
SP
Mramornaja
L
Mustafabey
SP
Packham’s Triumph Williams
d’Automne
L
Passe Crassane Passa
Crassana
L
Perita de San Juan
SP
Pérola
SP
Pitmaston Williams
Duchesse
L
Précoce de Trévoux Trévoux SP
Président Drouard
L
Rosemarie
L
Santa Maria Santa
Maria
Morettini SP
Spadoncina
Agua de Verano, Agua de Agosto SP
Suvenirs
L
Taylors Gold
L
Triomphe de Vienne
L
Vasarine Sviestine
L
Williams Bon Chrétien Bon
Chrétien,
Bartlett,
Williams,
Summer
Bartlett
L
PART 7: MARKETING STANDARD FOR STRAWBERRIES
I. DEFINITION
OF
PRODUCE
This standard applies to strawberries of varieties (cultivars) grown from the genus Fragaria L. to be supplied fresh to
the consumer, strawberries for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for strawberries, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the strawberries must be:
— intact, undamaged,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance, but not washed,
— practically free from pests,

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— practically free from damage caused by pests,
— with the calyx (except in the case of wood strawberries); the calyx and the stalk (if present) must be fresh and
green,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The strawberries must be sufficiently developed and display satisfactory ripeness. The development and the
condition must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
The strawberries are classified in three classes, as defined below:
(i) ‘Extra’ Class
The strawberries in this class must be of superior quality. They must be characteristic of the variety.
They must be bright in appearance, allowing for the characteristics of the variety.
They must be free from soil.
They must be free from defects with the exception of very slight superficial defects, provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.
(ii) Class I
Strawberries in this class must be of good quality. They must be characteristic of the variety.
The following slight defects, however, may be allowed provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape,
— presence of a small white patch, not exceeding one tenth of the total surface area of the fruit,
— slight superficial pressure marks.
They must be practically free from soil.
(iii) Class II
This class includes strawberries that do not qualify for inclusion in the higher classes, but satisfy the minimum
requirements specified above.
The following defects may be allowed provided the strawberries retain their essential characteristics as regards
the quality, the keeping quality and presentation:
— defects in shape,
— a white patch not exceeding one fifth of the total surface area of the fruit,
— slight dry bruising not likely to spread,
— slight traces of soil.
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section.
The minimum size shall be:
— 25 mm in ‘Extra’ Class,
— 18 mm in Classes I and II.
There is no minimum size for wood strawberries.

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IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of strawberries not satisfying the requirements of the
class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may
consist of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of strawberries not satisfying the requirements of the
class but meeting those of Class II is allowed. Within this tolerance not more than 2 per cent in total may
consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of strawberries satisfying neither the requirements of
the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total
may consist of produce affected by decay.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number or weight, of strawberries not satisfying the
requirements as regards the minimum size is allowed.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only strawberries of the same origin, variety and
quality.
In the ‘Extra’ Class, strawberries, with the exception of wood strawberries, must be particularly uniform and
regular with respect to degree of ripeness, colour and size. In Class I, strawberries may be less uniform in size.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The strawberries must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly of paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— 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);

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— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Strawberries’ if the contents of the package are not visible from the outside.
— Name of the variety (optional).
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown or national, regional or local place name.
D. Commercial specifications
— Class.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
PART 8: MARKETING STANDARD FOR SWEET PEPPERS
I. DEFINITION
OF
PRODUCE
This standard applies to sweet peppers of varieties ( 2 ) (cultivars) grown from Capsicum annuum L., to be supplied fresh
to the consumer, sweet peppers for industrial processing being excluded.
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for sweet peppers, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the sweet peppers must
be:
— intact,
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance,
— firm,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— free of damage caused by low temperature or frost,
— with peduncles attached; the peduncle must be neatly cut and the calyx be intact,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
The development and condition of the sweet peppers must be such as to enable them to:
— withstand transport and handling, and
— arrive in satisfactory condition at the place of destination.
( 1 ) The full or the commonly used name shall be indicated.
( 2 ) Some sweet pepper varieties may have hot taste.

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B. Classification
Sweet peppers are classified in three classes, as defined below:
(i) ‘Extra’ Class
Sweet peppers 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 produce, the quality, the keeping quality and presentation in the package.
(ii) Class I
Sweet peppers in this class must be of good quality. They must be characteristic of the variety and/or
commercial type.
The following slight defects, however, may be allowed, provided these do not affect the general appearance of
the produce, the quality, the keeping quality and presentation in the package:
— a slight defect in shape
— slight silvering or damage caused by thrips covering not more than 1/3 of the total surface area
— slight skin defects, such as:
— pitting, scratching, sunburn, pressure marks covering in total not more than 2 cm for defects of
elongated shape, and 1 cm 2 for other defects; or
— dry superficial cracks covering in total not more than 1/8 of the total surface area
— slightly damaged peduncle.
(iii) Class II
This class includes sweet peppers which do not qualify for inclusion in the higher classes but satisfy the
minimum requirements specified above.
The following defects may be allowed provided the sweet peppers retain their essential characteristics as
regards the quality, the keeping quality and presentation:
— defects in shape,
— silvering or damage caused by thrips covering not more than 2/3 of the total surface area
— skin defects, such as:
— pitting, scratching, sunburn, bruising, and healed injuries covering in total not more than 4 cm in
length for defects of elongated shape and 2,5 cm 2 of the total area for other defects; or
— dry superficial cracks covering in total not more than 1/4 of the total surface area
— blossom end deterioration not more than 1 cm 2
— shrivelling not exceeding 1/3 of the surface
— damaged peduncle and calyx, provided the surrounding flesh remains intact.
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section or by weight. To ensure uniformity in size, the
range in size between produce in the same package shall not exceed:
(a) For sweet peppers sized by diameter:
— 20 mm.

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(b) For sweet peppers sized by weight:
— 30 g where the heaviest piece weighs 180 g or less,
— 40 g where the smallest piece weighs more than 180 g.
Elongated sweet peppers should be sufficiently uniform in length.
Uniformity in size is not compulsory for Class II.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of sweet peppers not satisfying the requirements of the
class but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may
consist of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of sweet peppers not satisfying the requirements of the
class, but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may
consist of produce satisfying neither the requirements of Class II quality nor the minimum requirements or of
produce affected by decay.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of sweet peppers satisfying neither the requirements of
the class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total
may consist of produce affected by decay.
B. Size tolerances
For all classes (if sized): a total tolerance of 10 per cent, by number or weight, of sweet peppers not satisfying the
requirements as regards sizing is allowed.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only sweet peppers of the same origin, variety or
commercial type, quality, size (if sized) and, in the case of Classes ‘Extra’ and I, of appreciably the same degree of
ripeness and colouring.
However, a mixture of sweet peppers of distinctly different commercial types and/or colours may be packed
together in a package, provided they are uniform in quality, and for each commercial type and/or colour
concerned, in origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The sweet peppers must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is
allowed, provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
Packages must be free of all foreign matter.

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VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars, in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— 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),
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Sweet peppers’ if the contents are not visible from the outside.
— ‘Mixture of sweet peppers’, or equivalent denomination, in the case of a mixture of distinctly different
commercial types and/or colours of sweet peppers. If the produce is not visible from the outside, the
commercial types and/or colours and the quantity of each in the package must be indicated.
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown or national, regional or local place name.
In the case of a mixture of distinctly different commercial types and/or colours of sweet peppers of different
origins, the indication of each country of origin shall appear next to the name of the commercial type and/or
colour concerned.
D. Commercial specifications
— Class.
— Size (if sized) expressed as minimum and maximum diameters or minimum and maximum weights.
— Number of units (optional).
— ‘Hot’ or equivalent denomination, where appropriate.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
PART 9: MARKETING STANDARD FOR TABLE GRAPES
I. DEFINITION
OF
PRODUCE
This standard applies to table grapes of varieties (cultivars) grown from Vitis vinifera L. to be supplied fresh to the
consumer, table grapes for industrial processing being excluded.
( 1 ) The full or the commonly used name shall be indicated.

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II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for table grapes, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, bunches and berries must
be:
— sound; produce affected by rotting or deterioration such as to make it unfit for consumption is 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.
In addition, berries must be:
— intact,
— well formed,
— normally developed.
Pigmentation due to sun is not a defect.
The development and condition of the table grapes must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Maturity requirements
The juice of the fruit shall have a refractometric index of at least:
— 12 °Brix for the Alphonse Lavallée, Cardinal and Victoria varieties,
— 13 °Brix for all other seeded varieties,
— 14 °Brix for all seedless varieties.
In addition, all varieties must have satisfactory sugar/acidity ratio levels.
C. Classification
The table grapes are classified into three classes defined below:
(i) ‘Extra’ Class
Table grapes in this class must be of superior quality. They must be characteristic of the variety, allowing for
the district in which they are grown. Berries must be firm, firmly attached, evenly spaced along the stalk and
have their bloom virtually intact.
They must be free from defects, with the exception of very slight superficial defects, provided these do not
affect the general appearance of the produce, the quality, the keeping quality and presentation in the package.
(ii) Class I
Table grapes in this class must be of good quality. They must be characteristic of the variety, allowing for the
district in which they are grown. Berries must be firm, firmly attached and, as far as possible, have their
bloom intact. They may, however, be less evenly spaced along the stalk than in the ‘Extra’ Class.

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The following slight defects, however, may be allowed, provided these do not affect the general appearance of
the produce, the quality, the keeping quality, and presentation in the package:
— a slight defect in shape,
— slight defects in colouring,
— very slight sun scorch affecting the skin only.
(iii) Class II
This class includes table grapes that do not qualify for inclusion in the higher classes, but satisfy the minimum
requirements specified above.
The bunches may show slight defects in shape, development and colouring, provided these do not impair the
essential characteristics of the variety, allowing for the district in which they are grown.
The berries must be sufficiently firm and sufficiently firmly attached, and, where possible, still have their
bloom. They may be less evenly spaced along the stalk than in Class I.
The following defects may be allowed provided the table grapes retain their essential characteristics as regards
the quality, the keeping quality and presentation:
— defects in shape,
— defects in colouring,
— slight sun scorch affecting the skin only,
— slight bruising,
— slight skin defects.
III. PROVISIONS CONCERNIG SIZING
Size is determined by the weight of the bunch.
The minimum bunch weight shall be 75 g. This provision does not apply to packages intended for single servings.
IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
i) ‘Extra’ Class
A total tolerance of 5 per cent, by weight, of bunches not satisfying the requirements of the class, but meeting
those for Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist of produce
satisfying the requirements of Class II quality.
ii) Class I
A total tolerance of 10 per cent, by weight, of bunches not satisfying the requirements of the class, but
meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may consist of
produce satisfying neither the requirements of Class II quality nor the minimum requirements, or of produce
affected by decay.
iii) Class II
A total tolerance of 10 per cent, by weight, of bunches satisfying neither the requirements of the class nor the
minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may consist of
produce affected by decay.

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B. Size tolerances
For all classes: a total tolerance of 10 per cent, by weight, of bunches not satisfying the requirements as regards
sizing is allowed. In each sales package, one bunch weighing less than 75 g is allowed to adjust the weight,
provided the bunch meets all other requirements of the specified class.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only bunches of the same origin, variety, quality and
degree of ripeness.
In the case of the ‘Extra’ Class, the bunches must be approximately uniform in size and colouring.
However, a mixture of table grapes of distinctly different varieties may be packed together in a package, provided
they are uniform in quality and, for each variety concerned, in origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
The table grapes must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly paper or stamps, bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Stickers individually affixed on the produce shall be such that, when removed, they neither leave visible traces of
glue, nor lead to skin defects.
Packages must be free of all foreign matter, although a fragment of vine shoot no more than 5 cm in length may
be left on the stem of the bunch as a form of special presentation.
VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked,
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Table Grapes’ if the contents are not visible from the outside.
— Name of the variety. In the case of a mixture of table grapes of distinctly different varieties, names of the
different varieties.

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C. Origin of produce
— Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
— In the case of a mixture of distinctly different varieties of table grapes of different origins, the indication of
each country of origin shall appear next to the name of the variety concerned.
D. Commercial specifications
— Class.
— ‘Bunches below 75 g intended for single servings’, where appropriate.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
Appendix
Exhaustive list of small-berry varieties
Variety Other
names
under
which
the
variety
is
known
Admirable de Courtiller Admirable,
Csiri
Csuri
Albillo Acerba,
Albuela,
Blanco
Ribera,
Cagalon
Angelo Pirovano I.
Pirovano
2
Annamaria I.
Ubizzoni
4
Baltali
Beba Beba
de
los
Santos,
Eva
Catalanesca Catalanesa,
Catalana,
Uva
Catalana
Chasselas blanc Chasselas
doré,
Fendant,
Franceset,
Franceseta,
Gutedel,
Krachgutedel,
White
van der Laan
Chasselas rouge Roter
Gutedel
Chelva Chelva
de
Cebreros,
Guarea,
Mantuo,
Villanueva
Ciminnita Cipro
bianco
Clairette Blanquette,
Malvoisie,
Uva
de
Jijona
Colombana bianca Verdea,
Colombana
de
Peccioli
Crimson Seedless
Csaba gyngye Cabski
biser,
Julski
Muscat,
Muscat
Julius,
Perle
de
Csaba,
Perla
di
Csaba
Dawn seedless
Dehlro
Delizia di Vaprio I.
Pirovano
46
A
( 1 ) The full or the commonly used name shall be indicated.

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Variety Other
names
under
which
the
variety
is
known
Eclipse Seedless
Exalta
Flame Seedless Red
Flame
Gros Vert
Abbondanza, St Jeannet, Trionfo dell’Esposizione, Verdal, Trionfo di Geru
salemme
Jaoumet Madeleine
de
St
Jacques,
Saint
Jacques
Madeleine
Angevine, Angevine Oberlin, Madeleine Angevine Oberlin, Republicain
Mireille
Molinera Besgano,
Castiza,
Molinera
gorda
Moscato d'Adda Muscat
d'Adda
Moscato d'Amburgo Black
Muscat,
Hambro,
Hamburg,
Hamburski
Misket,
Muscat
d'Hambourg,
Moscato Preto
Moscato di Terracina Moscato
di
Maccarese
Muscat Seedless
Muska
illade Black
Malvoisie,
Cinsaut,
Cinsault,
Ottavianello,
Sinso
Panse precoce Bianco
di
Foster,
Foster's
white,
Sicilien
Perla di Csaba
Càbski Biser, Julski muskat, Muscat Julius, Perle de Csaba
Perlaut
Perlette
Pirobella
Pizzutello bianco Aetonychi
aspro,
Coretto,
Cornichon
blanc,
Rish
Baba,
Sperone
di
gallo,
Teta
di vacca
Precoce de Malingre
Primus I.
Pirovano
7
Prunesta Bermestia
nera,
Pergola
rossa,
Pergolese
di
Tivoli
Servant Servan,
Servant
di
Spagna
Sideritis Sidiritis
Sultanines Bidaneh,
Kishmich,
Kis
Mis,
Sultan,
Sultana,
Sultani,
Cekirdesksiz,
Sultanina
bianca, Sultaniye, Thompson Seedless and mutations
Sundance
Sunred Seedless
Szlskertek Királynje Knigin
der
Weingrten,
Szlskertek Királynje muskotály, Szlskertek
Királynéja, Rasaki ourgarias, Regina Villoz, Reina de las Vias, Reine des
Vignes, I. Mathiasz 140, Queen of the Vineyards, Regina dei Vigneti

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Variety Other
names
under
which
the
variety
is
known
Thompson Seedless and Mutations
Valenci blanc Valensi,
Valency,
Panse
blanche
Valenci noir
Planta Mula, Rucial de Mula, Valenci negro
Yapincak
PART 10: MARKETING STANDARD FOR TOMATOES
I. DEFINITION
OF
PRODUCE
This standard applies to tomatoes of varieties (cultivars) grown from Solanum lycopersicum L. to be supplied fresh to
the consumer, tomatoes for industrial processing being excluded.
Tomatoes may be classified into four commercial types:
— ‘round’,
— ‘ribbed’,
— ‘oblong’ or ‘elongated’,
— ‘cherry’ tomatoes (including ‘cocktail’ tomatoes).
II. PROVISIONS CONCERNING QUALITY
The purpose of the standard is to define the quality requirements for tomatoes, after preparation and packaging.
A. Minimum requirements
In all classes, subject to the special provisions for each class and the tolerances allowed, the tomatoes must be:
— intact,
— sound, produce affected by rotting or deterioration such as to make it unfit for consumption is excluded,
— clean, practically free of any visible foreign matter,
— fresh in appearance,
— practically free from pests,
— free from damage caused by pests affecting the flesh,
— free of abnormal external moisture,
— free of any foreign smell and/or taste.
In the case of trusses of tomatoes, the stalks must be fresh, healthy, clean and free from all leaves and any visible
foreign matter.
The development and condition of the tomatoes must be such as to enable them:
— to withstand transportation and handling, and
— to arrive in satisfactory condition at the place of destination.
B. Classification
Tomatoes are classified in three classes, as defined below:
(i) ‘Extra’ Class
Tomatoes in this class must be of superior quality. They must be firm and characteristic of the variety and/or
commercial type.

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Their colouring, according to their state of ripeness, must be such as to satisfy the requirements set out in the
third paragraph of point A above.
They must be free from greenbacks and other defects, with the exception of very slight superficial defects,
provided these do not affect the general appearance of the produce, the quality, the keeping quality and
presentation in the package.
(ii) Class I
Tomatoes in this class must be of good quality. They must be reasonably firm and characteristic of the variety
and/or commercial type.
They must be free of cracks and visible greenbacks. The following slight defects, however, may be allowed
provided these do not affect the general appearance of the produce, the quality, the keeping quality and
presentation in the package:
— a slight defect in shape and development,
— slight defects in colouring,
— slight skin defects,
— very slight bruises.
Furthermore, ‘ribbed’ tomatoes may show:
— healed cracks not more than 1 cm long,
— no excessive protuberances,
— small umbilicus, but no suberization,
— suberization of the stigma up to 1 cm 2 ,
— fine blossom scar in elongated form (like a seam), but not longer than two-thirds of the greatest diameter
of the fruit.
(iii) Class II
This class includes tomatoes which do not qualify for inclusion in the higher classes, but satisfy the minimum
requirements specified above.
They must be reasonably firm (but may be slightly less firm than in Class I) and must not show unhealed
cracks.
The following defects may be allowed provided the tomatoes retain their essential characteristics as regards
the quality, the keeping quality and presentation:
— defects in shape and development,
— defects in colouring,
— skin defects or bruises, provided the fruit is not seriously affected,
— healed cracks not more than 3 cm in length for round, ribbed or oblong tomatoes.
Furthermore, ‘ribbed’ tomatoes may show:
— more pronounced protuberances than allowed under Class I, but without being misshapen,

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— an umbilicus,
— suberization of the stigma up to 2 cm 2 ,
— fine blossom scar in elongated form (like a seam).
III. PROVISIONS CONCERNING SIZING
Size is determined by the maximum diameter of the equatorial section, by weight or by count.
The following provisions shall not apply to trusses of tomatoes and to cherry tomatoes, and are optional for Class II.
To ensure uniformity in size, the range in size between produce in the same package shall not exceed:
(a) For tomatoes sized by diameter:
— 10 mm, if the diameter of the smallest fruit (as indicated on the package) is under 50 mm,
— 15 mm, if the diameter of the smallest fruit (as indicated on the package) is 50 mm and over but under
70 mm,
— 20 mm, if the diameter of the smallest fruit (as indicated on the package) is 70 mm and over but under
100 mm,
— there is no limitation of difference in diameter for fruit equal or over 100 mm.
In case size codes are applied, the codes and ranges in the following table have to be respected:
Size code Diameter
(mm)
0
≤ 20
1 >
20
≤ 25
2 >
25
≤ 30
3 >
30
≤ 35
4 >
35
≤ 40
5 >
40
≤ 47
6 >
47
≤ 57
7 >
57
≤ 67
8 >
67
≤ 82
9 >
82
≤ 102
10 >
102
(b) For tomatoes sized by weight or by count, the difference in size should be consistent with the difference indicated
in point (a).

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IV. PROVISIONS CONCERNING TOLERANCES
At all marketing stages, tolerances in respect of quality and size shall be allowed in each lot for produce not satisfying
the requirements of the class indicated.
A. Quality tolerances
(i) ‘Extra’ Class
A total tolerance of 5 per cent, by number or weight, of tomatoes not satisfying the requirements of the class
but meeting those of Class I is allowed. Within this tolerance not more than 0,5 per cent in total may consist
of produce satisfying the requirements of Class II quality.
(ii) Class I
A total tolerance of 10 per cent, by number or weight, of tomatoes not satisfying the requirements of the
class but meeting those of Class II is allowed. Within this tolerance not more than 1 per cent in total may
consist of produce neither satisfying the requirements of Class II quality nor the minimum requirements, or of
produce affected by decay. In the case of trusses of tomatoes, 5 percent, by number or weight, of tomatoes
detached from the stalk is allowed.
(iii) Class II
A total tolerance of 10 per cent, by number or weight, of tomatoes satisfying neither the requirements of the
class nor the minimum requirements is allowed. Within this tolerance not more than 2 per cent in total may
consist of produce affected by decay. In the case of trusses of tomatoes, 10 percent, by number or weight, of
tomatoes detached from the stalk is allowed.
B. Size tolerances
For all classes: a total tolerance of 10 per cent, by number or weight, of tomatoes not satisfying the requirements
as regards sizing is allowed.
V. PROVISIONS CONCERNING PRESENTATION
A. Uniformity
The contents of each package must be uniform and contain only tomatoes of the same origin, variety or
commercial type, quality and size (if sized).
The ripeness and colouring of tomatoes in ‘Extra’ Class and Class I must be practically uniform. In addition, the
length of ‘oblong’ tomatoes must be sufficiently uniform.
However, a mixture of tomatoes of distinctly different colours, varieties and/or commercial types may be packed
together in a package, provided they are uniform in quality and, for each colour, variety and/or commercial type
concerned, in origin.
The visible part of the contents of the package must be representative of the entire contents.
B. Packaging
Tomatoes must be packed in such a way as to protect the produce properly.
The materials used inside the package must be clean and of a quality such as to avoid causing any external or
internal damage to the produce. The use of materials, particularly paper or stamps bearing trade specifications is
allowed provided the printing or labelling has been done with non-toxic ink or glue.
Packages must be free of all foreign matter.

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VI. PROVISIONS CONCERNING MARKING
Each package must bear the following particulars in letters grouped on the same side, legibly and indelibly marked
and visible from the outside:
A. Identification
The name and the address of the packer and/or the dispatcher.
This mention may be replaced:
— 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);
— for pre-packages only, by the name and the address of a seller established within the Union 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.
B. Nature of produce
— ‘Tomatoes’ or ‘trusses of tomatoes’ and the commercial type if the contents are not visible from the outside.
These details must always be provided for ‘cherry’ (or ‘cocktail’) tomatoes, whether in trusses or not.
— ‘Mixture of tomatoes’, or equivalent denomination, in the case of a mixture of distinctly different varieties,
commercial types and/or colours of tomatoes. If the produce is not visible from the outside, the colours,
varieties or commercial types and the quantity of each in the package must be indicated.
— Name of the variety (optional).
C. Origin of produce
Country of origin ( 1 ) and, optionally, district where grown, or national, regional or local place name.
In the case of a mixture of distinctly different colours, varieties and/or commercial types of tomatoes of different
origins, the indication of each country of origin shall appear next to the name of the colour, variety and/or
commercial type concerned.
D. Commercial specifications
— Class.
— Size (if sized) expressed as minimum and maximum diameters.
E. Official control mark (optional)
Packages need not to bear the particulars mentioned in the first subparagraph, when they contain sales packages,
clearly visible from the outside, and all bearing these particulars. These packages shall be free from any indications
such as could mislead. When these packages are palletised, the particulars shall be given on a notice placed in an
obvious position on at least two sides of the pallet.
( 1 ) The full or the commonly used name shall be indicated.

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ANNEX II
SPECIMEN MENTIONED IN ARTICLE 12(1)

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ANNEX III
CERTIFICATE OF CONFORMITY WITH THE EUROPEAN UNION MARKETING STANDARDS FOR FRESH
FRUIT AND VEGETABLES REFERRED TO IN ARTICLES 12, 13 AND 14

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ANNEX IV
THIRD COUNTRIES WHERE THE CONFORMITY CHECKS HAVE BEEN APPROVED UNDER ARTICLE 15
AND THE PRODUCTS CONCERNED
Country Products
Switzerland Fresh
fruit
and
vegetables
other
than
citrus
fruit
Morocco Fresh
fruit
and
vegetables
South Africa Fresh
fruit
and
vegetables
Israel Fresh
fruit
and
vegetables
India Fresh
fruit
and
vegetables
New Zealand Apples,
pears
and
kiwi
fruit
Senegal Fresh
fruit
and
vegetables
Kenya Fresh
fruit
and
vegetables
Turkey Fresh
fruit
and
vegetables

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ANNEX V
METHODS OF INSPECTION REFERRED TO IN ARTICLE 17(1)
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 OECD Scheme for the Application of International Standards for Fruit and
Vegetables.
1. DEFINITIONS
1.1. Package
Individually packaged part of a lot, including contents. The packaging is conceived so as to facilitate handling and
transport of a number of sales packages or of products loose or arranged, in order to prevent damage by physical
handling and transport. The package may constitute a sales package. Road, rail, ship and air containers are not considered
as packages.
1.2. Sales package
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.
1.3. Pre-packages
Pre-packages are sales packages such as the packaging enclosing the foodstuff completely or only partially, but in such a
way that the contents cannot be altered without opening or changing the packaging. Protective films covering single
produce are not considered as a pre-package.
1.4. Consignment
Quantity of produce to be sold by a given trader found at the time of inspection and defined by a document. A
consignment may consist of one or several types of produce; it may contain one or several lots of fresh, dry or dried
fruit and vegetables.
1.5. Lot
Quantity of produce which, at the time of inspection 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 conformity check of consignments as defined in point 1.4 it is difficult 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 relevant marketing standard.
1.6. Sampling
Collective samples taken temporarily from a lot during conformity check.
1.7. Primary sample
Package taken at random from the lot, in case of packed produce or, in case of bulk produce (direct loading into a
transport vehicle or compartment thereof), a quantity taken at random from a point in the lot.

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1.8. Bulk sample
Several primary samples supposed to be representative for the lot so that the total quantity is sufficient to allow the
assessment of the lot with regard to all criteria.
1.9. Secondary sample
An equal quantity of produce taken at random from the primary sample.
In the case of packed nuts, the secondary sample shall weigh between 300 g and 1 kg. If the primary sample is made up
of packages containing sales packages, the secondary sample shall be one or more sales packages that in aggregate are at
least 300 g.
In the case of other packed produce, the secondary sample shall comprise of 30 units, in case the net weight of the
package is 25 kg or less and the package does not contain any sales packages. In certain cases this means that the whole
content of the package has to be checked, if the primary sample contains not more than 30 units.
1.10. Composite sample (dry and dried produce only)
A composite sample is a mix, weighing at least 3 kg, of all the secondary samples taken from the bulk sample. Produce in
the composite sample shall be evenly mixed.
1.11. Reduced sample
Quantity of produce taken at random from the bulk or composite sample having a size which is restricted to the
minimum quantity necessary but sufficient to allow the assessment of certain individual criteria.
If the inspection method would destroy the produce, the size of the reduced sample shall not exceed 10 % of the bulk
sample or, in the case of nuts in shell, 100 nuts taken from the composite sample. In the case of small dry or dried
products (i.e. 100 g include more than 100 units) the reduced sample shall not exceed 300 g.
For the assessment of criteria on the degree of the development and/or ripeness, the constitution of the sampling shall be
done according to the objective methods described in the Guidance on Objective Tests to Determine Quality of Fruit and
Vegetables and Dry and Dried Produce.
Several reduced samples may be taken from a bulk or composite sample in order to check the conformity of the lot
against different criteria.
2. IMPLEMENTATION OF CONFORMITY CHECK
2.1. General remark
A conformity check shall be made by assessing samples taken at random from different points in the lot to be controlled.
It is based on the principle of presumption that the quality of the samples is representative of the quality of the lot.
2.2. Place of control
A conformity check may be carried out during packing operation, at the point of dispatch, during transport, at the point
of reception, at whole sale and retail level.
In cases where the inspection body does not carry out the conformity check in their own premises, the holder shall
provide facilities enabling the conduct of a conformity check.
2.3. 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. The inspector shall then determine how far the lots presented comply with the
information in these documents.
( 1 ) OJ L 186, 30.6.1989, p. 21.

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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.
2.4. Presentation of produce
The inspector shall decide which packages are to be checked. The presentation shall be made by the operator and shall
include the presentation of the bulk sample as well as the supply of all information necessary for the identification of the
consignment or lot.
If reduced or secondary samples are required, these shall be identified by the inspector from the bulk sample.
2.5. Physical check
— Assessment of packaging and presentation:
The packaging, including the material used within the package, shall be tested for suitability and cleanness according to
the provisions of the relevant marketing standard. This shall be done on the basis of primary samples, in case of packed
produce and in all other cases on the basis of the transport vehicle. If only certain types of packaging or presentation are
permitted, the inspector shall check whether these are being used.
— Verification of marking:
The inspector shall check whether the produce is marked according to the relevant marketing standard. This shall include
a check on the accuracy of marking and/or the extent of any amendments required.
In case of packed produce, this check shall be carried out on the basis of the primary samples, in all other cases on the
basis of the documents attached to the pallet or the transport vehicle.
Fruit and vegetables individually wrapped in plastic shall not be considered as pre-packed foodstuff in the meaning of
European Parliament and Council Directive 2000/13/EC and shall not necessarily need to be marked in accordance with
the marketing standards. In such cases, the plastic wrapping may be considered as a simple protection for fragile products.
— Verification of conformity of the produce:
The inspector shall determine the size of the bulk sample in such way as to be able to assess the lot. The inspector selects
at random the packages to be inspected or in the case of bulk produce the points of the lot from which individual
samples shall be taken.
Care shall be taken to ensure that the removal of samples does not adversely affect the quality of the produce.
Damaged packages shall not be used as part of the bulk sample. They shall be set aside and may, if necessary, be subject
to a separate examination and report.
The bulk sample shall comprise the following minimum quantities whenever a lot is declared unsatisfactory or the risk of
a produce not conforming to the marketing standard has to be examined:
Packed produce
Number of packages in the lot Number
of
packages
to
be
taken
(primary
samples)
Up to 100
5
From 101 to 300
7
From 301 to 500
9
From 501 to 1 000 10
More than 1 000 15
(minimum)

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Produce in bulk
(direct loading into a transport vehicle or compartment thereof)
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 10
From 201 to 500 20
From 501 to 1 000 30
From 1 001 to 5 000 60
More than 5 000 100
(minimum)
In the case of bulky fruit and vegetables (over 2 kg per unit), the primary samples shall 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.
If the inspector discovers, after an inspection, that a decision cannot be reached, another physical check shall be
undertaken and the overall result reported as an average of the two checks.
2.6. Control of produce
In case of packed produce, the primary samples shall be used to check the general appearance of the produce, the
presentation, the cleanliness of the packages and the labelling. In all other cases, these checks shall be done on basis of
the lot or transport vehicle.
The produce shall be removed entirely from its packaging for the conformity check. The inspector may only dispense
with this where the sampling is based on composite samples.
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 taking into account the explanatory brochures published by the OECD
Scheme for the Application of International Standards for Fruit and Vegetables.
When defects are detected, the inspector shall ascertain the respective percentage of the produce not in conformity with
the standard by number or weight.
External defects shall be checked on the basis of the bulk or composite sample. 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. The check based on the reduced sample applies in particular to checks which destroy the trade
value of the produce.
The criteria on the degree of development and/or ripeness shall be checked using the instruments and methods laid down
to this end in the relevant marketing standard or in accordance with the Guidance on Objective Tests to Determine
Quality of Fruit and Vegetables and Dry and Dried Produce.
2.7. Report of control results
Documents mentioned in Article 14 shall be issued, where appropriate.
If defects are found leading to non-conformity, the trader or his representative shall be informed in writing about these
defects and the percentage found as well as the reasons for non-conformity. If the compliance of produce with the
standard is possible by a change in marking, the trader or his representative shall be informed.
If defects are found in a product, the percentage found not to be in conformity with the standard shall be indicated.
2.8. Decline in value by conformity check
After the conformity check, the bulk or composite sample is put at the disposal of the operator or his representative.
The inspection body shall not be bound to hand back the elements of the bulk or composite sample destroyed during the
conformity check.

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ANNEX VI
PROCESSED PRODUCTS REFERRED TO IN ARTICLE 50(3)
Category CN
Code Description
Fruit juices ex
2009
Fruit juices, excluding grape juice and grape must of subheadings 2009 61
and 2009 69, banana juice of subheading ex 2009 80 and concentrated
juices, unfermented and not containing added spirit, whether or not
containing added sugar or other sweetening matter.
Concentrated fruit juices are fruit juices coming under heading ex 2009
obtained by the physical removal of at least 50 % of the water content, in
packings of a net content of not less than 200 kg.
Tomato
ex 2002 90 31
Tomato concentrate with a dry weight content of not less than 28 % in
concentrate
immediate packings of a net content of not less than 200 kg.
ex 2002 90 91
Frozen fruit and
ex 0710
Vegetables (uncooked or cooked by steaming or boiling in water) frozen,
vegetables
excluding sweetcorn of subheading 0710 40 00, olives of subheading
0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta
of subheading 0710 80 59.
ex 0811 Fruit
and
nuts,
uncooked
or
cooked
by
steaming
or
boiling
in
water,
frozen, not containing added sugar or other sweetening matter,
excluding frozen bananas falling within subheading ex 0811 90 95.
ex 2004 Other
vegetables
prepared
or
preserved
otherwise
than
by
vinegar
or
acetic
acid, frozen, other than the products of heading 2006, excluding
sweetcorn (Zea mays var. saccharata) of subheading ex 2004 90 10, olives
of subheading ex 2004 90 30 and potatoes prepared or preserved in the
form of flour, meal or flakes of subheading 2004 10 91.
Canned fruit and
ex 2001 Vegetables,
fruit,
nuts
and
other
edible
parts
of
plants,
prepared
or
vegetables
preserved by vinegar or acetic acid, excluding:
— fruit of the genus Capsicum other than sweetpeppers or pimentos of
subheading 2001 90 20
— sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30
— yams, sweet potatoes and similar edible parts of plants containing 5 %
or more by weight of starch of subheading 2001 90 40
— palm hearts of subheading 2001 90 60
— olives of subheading 2001 90 65
— vine leaves, hop shoots and other similar edible parts of plants falling
within subheading ex 2001 90 97.
ex 2002 Tomatoes
prepared
or
preserved
otherwise
than
by
vinegar
or
acetic
acid
excluding tomato concentrate of subheadings ex
2002
90
31 and
ex 2002 90 91 described above.
ex 2005 Other
vegetables
prepared
or
preserved
otherwise
than
by
vinegar
or
acetic
acid, not frozen, other than products of heading 2006 excluding olives of
subheading 2005 70, sweetcorn (Zea mays var. saccharata) of subheading
2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or
pimentos of subheading 2005 99 10 and potatoes prepared or preserved
in the form of flour, meal or flakes of subheading 2005 20 10.
ex 2008 Fruit,
nuts
and
other
edible
parts
of
plants,
otherwise
prepared
or
preserved, whether or not containing added sugar or other sweetening
matter or spirit, not elsewhere specified or included, excluding:
— peanut butter of subheading 2008 11 10

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Category CN
Code Description
— other nuts, otherwise prepared or preserved, whether or not containing
added sugar or other sweetening matter, not elsewhere specified or
included, of subheading ex 2008 19
— palm hearts of subheading 2008 91 00
— maize of subheading 2008 99 85
— yams, sweet potatoes and similar edible parts of plants, containing 5 %
or more by weight of starch of subheading 2008 99 91
— vine leaves, hop shoots and other similar edible parts of plants falling
within subheading ex 2008 99 99
— mixtures of banana otherwise prepared or preserved of subheadings
ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98
— bananas otherwise prepared or preserved of subheadings
ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99.
Canned
2003 10 Mushrooms
of
the
genus
Agaricus
prepared
or
preserved
otherwise
than
mushrooms
by vinegar or acetic acid.
Fruits provisionally
ex 0812 Fruit
and
nuts,
provisionally
preserved
in
brine,
but
unsuitable
in
that
state
preserved in brine
for immediate consumption, excluding bananas provisionally preserved
falling within subheading ex 0812 90 98.
Dried fruits ex
0813 Fruit,
dried,
other
than
that
of
headings
0801
to
0806.
0804 20 90 Dried
figs.
0806 20 Dried
grapes.
ex 2008 19
Other nuts, otherwise prepared or preserved, whether or not containing
added sugar or other sweetening matter, not elsewhere specified or
included, excluding tropical nuts and their mixtures.
Other processed
Processed fruit and vegetables listed in Part X of Annex 1 of Regulation
fruit and vegetable
(EC) No 1234/2007, different from the products listed in the categories
above.
Processed aromatic
ex 0910 Dried
thyme.
herbs
ex 1211 Basil,
melissa,
mint,
origanum
vulgare
(oregano/wild
marjoram),
rosemary,
sage, dried, whether or not cut, crushed or powdered.
Paprika powder ex
0904
Pepper of the genus Piper; dried or crushed or ground fruits of the genus
Capsicum or of the genus Pimenta, excluding sweet peppers falling within
subheading 0904 20 10.

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ANNEX VII
STRUCTURE AND CONTENT OF A NATIONAL STRATEGY FOR SUSTAINABLE OPERATIONAL
PROGRAMMES REFERRED TO IN ARTICLE 55(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 as referred to in Article 103f(2)(a) and (b) of
Regulation (EC) No 1234/2007.
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 common
baseline indicators defined in Annex VIII 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 or regional actions, and in
particular with activities supported through Union funds, and in particular with the rural development
measures,
— expected results and impact against the baseline situation, and their contribution to Union 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
as
referred
to
in
Article 103f(2)(c) of Regulation (EC) No 1234/2007.
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.
Effective safeguards in place, in application of Article 103c(5) of Regulation (EC) No 1234/2007, to protect the
environment from possible increased pressures coming from investments supported under operational
programmes and eligibility criteria adopted in application of Article 103f(1) of that Regulation, for ensuring
that investments on individual holdings supported under operational programmes respect the objectives set out
in Article 191 of the Treaty and in the Sixth Community Environment Action Programme.

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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.
3.2.4.2. Other types of actions
— description of the types of actions eligible for support,
— details on eligibility conditions for support.

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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 103c(3) of Regulation (EC) No 1234/2007,
— confirmation that the support for eligible environmental actions respects the requirements set out in the
fourth subparagraphs of Article 103c(3) of Regulation (EC) No 1234/2007.
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.
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.

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5. A
description
of
the
monitoring
and
evaluation
systems
These shall be constructed on the basis of the list of common performance indicators indicated in Annex VIII.
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
as
referred
to
in
Article 103f(2)(d) and (e) of Regulation (EC) No 1234/2007.
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.

15.6.2011 Off
ANNEX VIII
List of common performance indicators referred to in Articles 59(a), 96(3)(a) and 125(2)
The system of common performance indicators related to actions undertaken by producer organisations, associations of producer organisations and their members under an
operational programme does not necessarily capture all the factors that may intervene and affect the outputs, results and impact of an operational programme. In this context, the
information provided by common performance indicators should be interpreted in the light of quantitative and qualitative information relating to other key factors contributing to
EN
the success or failure of the programme’s implementation.

1. COMMON INDICATORS RELATING TO THE FINANCIAL EXECUTION (INPUT INDICATORS) (ANNUAL)
Measure
Type of action Input
indicators
(annual)
Actions aimed at planning of production a) Purchase
of
fixed
assets
Expenditure (Euro)
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
c) Other actions
icial
Actions aimed at improving or main a) Purchase of fixed assets
Expenditure (Euro)
Jour
taining product quality
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
nal
c) Other actions
of
the
Actions aimed at improving marketing a)
Purchase
of
fixed
assets
Expenditure (Euro)
European
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
c) Promotion and communication activities (other than in relation to crisis prevention and management)
Union
d) Other actions
Research and experimental production a)
Purchase
of
fixed
assets
Expenditure (Euro)
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
c) Other actions
Training actions (other than in relation Based on the main issue covered:
Expenditure (Euro)
to crisis prevention and management)
and/or actions aimed at promoting a) Organic production
access to advisory services
b) Integrated production or integrated pest management
c) Other environmental issues
d) Traceability
L
157/127
e) Product quality, including pesticides residues
f) Other issues

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Measure
Type of action Input
indicators
(annual)
Crisis prevention and management a) market withdrawal;
Expenditure (Euro)
measures
b) green harvesting or non-harvesting of fruit and vegetables;
c) promotion and communication activities;
EN
d) training actions;

e) harvest insurance;
f) support for the administrative costs of setting up mutual funds.
Environmental actions a)
Purchase
of
fixed
assets
Expenditure (Euro)
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
Off
icial
c) Other actions:
Jour
(1) Production
nal
i) Organic production
of
ii) Integrated production
the
European
iii) Improved use and/or management of water, including water saving and draining
iv) Actions to conserve soil (e.g., labour techniques to prevent/reduce soil erosion, green cover, conservation
agriculture, mulching)
Union
v) Actions to create or maintain habitats favourable for biodiversity (e.g., wetlands) or to maintain the landscape,
including the conservation of historical features (e.g. stonewalls, terraces, small wood)
vi) Actions favouring energy saving
vii) Actions related to reduction of waste production and to improvement of waste management
viii) Other actions
(2) Transport
(3) Marketing
Other actions a)
Purchase
of
fixed
assets
Expenditure (Euro)
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing
15.6.2011
c) Other actions

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2. COMMON OUTPUT INDICATORS (ANNUAL)
Measure
Type of action Output
indicators
(annual)
Actions aimed at planning of a) Purchase of fixed assets
Number of holdings participating in the
production
actions
Total value of investments (Euro) (1 )
EN

b) Other forms of acquisition of fixed assets, including renting, hiring and leasing Number
of
holdings
participating
in
the
actions
c) Other actions
Number of holdings participating in the
actions
icial
Actions aimed at improving or main a) Purchase of fixed assets
Number of holdings participating in the
taining product quality
actions.
Jour
Total value of investments (Euro) (1 )
nal
of
the
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing Number
of
holdings
participating
in
the
actions
European
c) Other actions
Number of holdings participating in the
Union
actions
Actions aimed at improving marketing a) Purchase
of
fixed
assets
Number of holdings participating in the
actions.
Total value of investments (Euro) (1 )
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing Number
of
holdings
participating
in
the
actions
c) Promotion and communication activities (other than in relation to crisis prevention and management) Number
of
actions
undertaken
(2 )
L
157/129
d) Other actions
Number of holdings participating in the
actions

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Measure
Type of action Output
indicators
(annual)
Research and experimental production a)
Purchase
of
fixed
assets
Number of holdings participating in the
actions.
Total value of investments (Euro) (1 )
EN
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing Number
of
holdings
participating
in
the

actions
c) Other actions
Number of holdings participating in the
actions (3 )
Number of hectares concerned (4 )
Training actions (other than in relation Based on the main issue covered:
Number of days of training received by
Off
to crisis prevention and management)
participants
icial
and/or actions aimed at promoting
access to advisory services
Jour
a) Organic production
Number of holdings that use advisory
services (5 )
nal
b) Integrated production or integrated pest management
of
c) Other environmental issues
the
d) Traceability
European
e) Product quality, including pesticide residues
f) Other issues
Union
Crisis prevention and management a) market withdrawal;
Number of actions undertaken (6 )
measures
b) green harvesting or non-harvesting of fruit and vegetables; Number
of
actions
undertaken
(7 )
c) promotion and communication activities;
Number of actions undertaken (2 )
d) training actions;
Number of days of training received by
participants
e) harvest insurance;
Number of holdings participating in the
actions
15.6.2011
f) support for the administrative costs of setting up mutual funds. Number
of
actions
undertaken
(8 )

15.6.2011 Off
Measure
Type of action Output
indicators
(annual)
Environmental actions a)
Purchase
of
fixed
assets
(9 )
Number of holdings participating in the
actions
Total value of investments (Euro) (2 )
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing (10 ) Number
of
holdings
participating
in
the
EN
actions

c) Other actions
Number of holdings participating in the
(1) Production
actions
i) Organic production
Number of hectares concerned
ii) Integrated production
iii) Improved use and/or management of water, including water saving and draining
iv) Actions to conserve soil (e.g., labour techniques to prevent/reduce soil erosion, green cover, conservation
agriculture, mulching)
v) Actions to create or maintain habitats favourable for biodiversity (e.g., wetlands) or to maintain the landscape,
icial
including the conservation of historical features (e.g. stonewalls, terraces, small wood)
vi) Actions favouring energy saving
Jour
vii) Actions related to reduction of waste production and to improvement of waste management
nal
viii) Other actions
of
the
(2) Transport
Volume of marketed production
European
(3) Marketing
concerned
Other actions a)
Purchase
of
fixed
assets
Number of holdings participating in the
actions
Union
Total value of investments (Euro) (1 )
b) Other forms of acquisition of fixed assets, including renting, hiring and leasing Number
of
holdings
participating
in
the
actions
c) Other actions
Number of holdings participating in the
actions
(1 ) To be filled in only for the year when the investment is made.
(2 ) Each day of a promotion campaign counts as one action.
(3 ) Only in case of actions relating to experimental production in plots belonging to member holdings.
(4 ) Only in case of actions relating to experimental production in plots belonging to member holdings and/or to the producer organisation.
(5 ) Whatever is the source of the advice (i.e. through an advisory service developed by the OP or by external services) and the specific issue covered by the advice.
(6 ) Market withdrawal of the same product in different periods of the year and market withdrawal of different products count as different actions. Each market withdrawal operation for a given product counts as one action.
(7 ) Green-harvesting and non-harvesting of different products count as different actions. Green harvesting and non-harvesting of the same product count as one action, regardless of the number of days they take, the number of
holdings participating and the number of plots or hectares concerned.
(8 ) Actions relating to the setting up of different mutual funds count as different actions.
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(9 ) Including non-productive investments linked to the achievement of commitments undertaken under other environmental actions.
157/131
(10 ) Including other forms of acquisitions of fixed assets linked to the achievement of commitments undertaken under other environmental actions.

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3. COMMON RESULT INDICATORS
Nota bene: Result indicators are to be notified only once the results are appreciated.
Measure
Result indicators (Measurement)
Actions aimed at planning of production Change
in
total
volume
of
marketed
production
(tons)
EN
Change in unit value of marketed production (Euro/kg)

Actions aimed at improving or maintaining product quality
Change in volume of marketed production that meets the requirements of a specific ‘quality scheme’(tons) (1 )
Change in unit value of marketed production (Euro/kg)
Estimated impact on production costs (Euro/kg)
Actions aimed at improving marketing Change
in
total
volume
of
marketed
production
(tons)
Off
Change in unit value of marketed production (Euro/kg)
icial
Jour
Research and experimental production
Number of new techniques, processes and/or products adopted since the beginning of the operational programme
nal
of
the
Training actions (other than in relation to crisis prevention and management) and/or actions Number of people who completed the full training activity/programme
aimed at promoting access to advisory services
European
Number of holdings that use advisory services
Crisis prevention and management measures
Union
a) market withdrawal Total
volume
of
production
subject
to
withdrawal
(tons)
b) green harvesting or non-harvesting of fruit and vegetables Total
area
concerned
by
green
harvesting
or
non-harvesting
(ha)
c) promotion and communication Estimated
change
in
volume
of
marketed
production
for
products
subject
to
the
promotion/communication
activities (tons)
d) training actions Number
of
people
who
completed
the
full
training
activity/programme
e) harvest insurance Total
value
of
the
insured
risk
(Euro)
15.6.2011
f) support for the administrative costs of setting up mutual funds Total
value
of
the
mutual
fund
set
up
(Euro)

15.6.2011 Off
Measure
Result indicators (Measurement)
Environmental actions
a) Purchase of fixed assets (2 )
Estimated change in annual mineral fertiliser consumption/hectare, by type of fertiliser (N and P 2O 3) (tons/ha)
EN

b) Other forms of acquisition of fixed assets, including renting, hiring and leasing (3 )
Estimated change in annual water use/hectare (m3 /ha)
c) Other actions
Estimated change in annual use of energy by type of energy source or type of fuel (Litres/m3 /Kwh per ton of
marketed production)
(1) Production
Estimated change in annual volume of waste generated (tons per ton of marketed production)
icial
Jour
Estimated change in annual use of packaging (tons per ton of marketed production)
nal
of
the
(2) Transport
Estimated change in annual use of energy by type of energy source or type of fuel (Litres/m3 /Kwh per ton of
European
marketed production)
Union
(3) Marketing
Estimated change in annual volume of waste generated (tons per ton of marketed production)
Estimated change in annual use of packaging (tons per ton of marketed production)
Other actions
Change in total volume of marketed production (tons)
Change in unit value of marketed production (Euro/kg)
Estimated impact on production costs (Euro/kg)
Notes: the reference for changes is the situation existing at the start of the programme.
(1 ) ‘Quality’ requirements are intended here to consist of a set of detailed obligations concerning the production methods (a) the respect of which is subject to independent inspection, and (b) that result in a final product the quality of which
(i) goes significantly beyond the normal commercial standards as regards public health, plant health or environmental standards and (ii) responds to current and foreseeable market opportunities. It is proposed that the main types of
L
‘quality schemes’ cover the following: (a) certified organic production; (b) protected geographical indications and protected designations of origin, (c) certified integrated production, (d) private certified product quality schemes.
157/133
(2 ) Including non-productive investments linked to the achievement of commitments undertaken under other environmental actions.
(3 ) Including other forms of acquisitions of fixed assets linked to the achievement of commitments undertaken under other environmental actions.

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4. COMMON IMPACT INDICATORS
Nota bene: Impact indicators are to be notified only once the impact is appreciated.
Measure Overall
objectives Impact
indicators
(Measurement)
Actions aimed at planning of production Improving
competitiveness
Estimated change in total value of marketed production (Euro)
Improving attractiveness of producer organisation’s Change in the total number of fruit and vegetable producers who are active members (1 ) of
EN
Actions aimed at improving or maintaining product membership
the OP/APO concerned (number)

quality
Change in the total area under fruit and vegetable production cropped by members of the
OP/APO concerned (ha)
Actions aimed at improving marketing
Research and experimental production
Training actions (other than in relation to crisis
prevention and management) and/or actions aimed at
promoting access to advisory services
Off
Crisis prevention and management measures
icial
Environmental actions Maintaining
and
protecting
the
environment:
Jour
nal
— Soil not
defined
of
— Water quality Estimated
change
in
total
mineral
fertiliser
consumption,
by
type
of
fertiliser
(N
and
P
the
2O 3)
(tons)
European
— Sustainable use of water resources Estimated
change
in
total
water
use
(m3 )
— Habitat and biodiversity not
defined
Union
— Landscape not
defined
— Climate change mitigation
Estimated change in total use of energy, by type of energy source or type of fuel
(Litres/m3 /Kwh)
— Waste reduction Estimated
change
in
total
volume
of
waste
generated
(tons)
Estimated change in use of packaging (tons)
Other actions Improving
competitiveness
Estimated change in total value of marketed production (Euro)
Improving attractiveness of producer organisation’s Change in the total number of fruit and vegetable producers who are active members (1 ) of
membership
the OP/APO concerned (number)
Change in the total area under fruit and vegetable production cropped by members of the
OP/APO concerned (ha)
15.6.2011
Notes: the reference for changes is the situation existing at the start of the programme.
(1 ) Active members are members who deliver products to the PO/APO.

15.6.2011 Off
5. COMMON BASELINE INDICATORS
Nota bene: Baseline indicators are needed in the analysis of the situation at the start of the programming period. Certain common baseline indicators are only relevant for the individual operational programmes
at the level of producer organisations (e.g., volume of the production marketed at less than 80 % of the average price received by the PO/APO). Other common baseline indicators are also relevant for
the national strategies at the level of the Member States (e.g., total value of marketed production).
As a general rule, baseline indicators are to be calculated as three year averages. If data are not available, they should be calculated at least with data related to one year.
Baseline indicators related to objectives
EN
Objectives

Indicator Definition
(and
measurement)
Overall objectives
Improving competitiveness Total
value
of
marketed
production
Total value of marketed production of the producer organisation (PO)/association of POs (APO) (Euro)
Improving the attractiveness of the Number of fruit and vegetable Number of fruit and vegetable producers who are active member (1 ) of the PO/APO
producer organisation’s membership
producers who are active members of
the PO/APO concerned
icial
Total area under fruits and vegetable Total area under fruit and vegetable production cropped by members of the PO/APO (ha)
production cropped by members of
Jour
the PO/APO concerned
nal
Maintaining and protecting the not defined
of
environment
the
European
Specific objectives
Promoting concentration of supply Total
volume
of
marketed
production Total volume of marketed production of the PO/APO (tons)
Union
Promoting the placing on the market of
products produced by the members
Ensuring that production is adjusted to
Volume of the marketed production that meets the requirements of a specific ‘quality scheme’ (2 ) by main types of ‘quality
demand in terms of quality and quantity
schemes’ concerned (tons)
Optimising production costs not
defined
Boosting products’ commercial value Average
unit
value
of
marketed
Total value of marketed production/Total volume of marketed production (Euro/kg)
production
Stabilising producer prices not
defined
Promoting knowledge and improving Number of people having participated Number of people who completed a training activity/programme during the last three years (number)
human potential
in training activities
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157/135
Number of holdings using advisory Number of holdings, members of the PO/APO, using advisory services (number)
services

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Baseline indicators related to objectives
Objectives
Indicator Definition
(and
measurement)
Developing technical and economic not defined
performances and promoting inno
vation
EN
Specific objectives in the environmental area

Contributing to soil protection
Area at risk of soil erosion with anti- Area under fruit and vegetable production at risk of soil erosion (3 ) where anti-erosion measures are implemented (ha)
erosion measures
Contributing to maintaining and Area with reduction in use/better Area under fruit and vegetable production subject to reduction in use or better management of fertilisers (ha)
improving water quality
management of fertilisers
Contributing to sustainable use of water Area with water saving measures Area
under
fruit
and
vegetable
production
with
water
saving
measures
(ha)
resources
Off
Contributing to habitat and biodiversity Organic production Area
under
organic
production
of
fruit
and/or
vegetables
(ha)
icial
protection
Integrated production Area
under
integrated
production
of
fruit
and/or
vegetables
(ha)
Jour
Other actions contributing to habitat Area concerned by other actions contributing to habitat and biodiversity protection (ha)
nal
and biodiversity protections
of
the
Contributing to landscape conservation not
defined
European
Contributing to climate change miti Greenhouse heating - energy efficiency Estimated annual consumption of energy for greenhouse heating purposes by type of energy source (Tons/Litres/m3 /Kwh per
gation - Production
ton of marketed production)
Union
Contributing to climate change miti Transport - energy efficiency
Estimated annual consumption of energy for internal transport purposes (4 ), by fuel type (Litres/m3 /Kwh per ton of marketed
gation - Transport
production)
Contributing to maintaining and
improving air quality - Transport
Reducing the volume of waste generated not
defined
Notes: PO means producer organisation; APO means association of producer organisations;
(1 ) Active members are members who deliver products to the PO/APO.
(2 ) ‘Quality’ requirements are intended here to consist of a set of detailed obligations concerning the production methods (a) the respect of which is subject to independent inspection, and (b) that result in a final product the quality of which
(i) goes significantly beyond the normal commercial standards as regards public health, plant health or environmental standards and (ii) responds to current and foreseeable market opportunities. The main types of ‘quality schemes’ shall
cover the following: (a) certified organic production; (b) protected geographical indications and protected designations of origin, (c) certified integrated production, (d) private certified product quality schemes.
(3 ) ‘At risk of soil erosion’ shall mean any sloping plot with an inclination higher than 10 %, whether or not anti-erosion measures (e.g., soil cover, crop rotation, etc) have been taken on it. Where the relevant information is available, a
Member State may instead use the following definition: ‘At risk of soil erosion’ shall mean any plot with a predicted loss of soil exceeding the rate of natural soil formation, whether or not anti-erosion measures (e.g., soil cover or crop
rotation) have been taken on it.
(4 ) Internal transport refers to transport of products from member holdings for delivery to the PO/APO.
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ANNEX IX
LIST OF ACTIONS AND EXPENDITURE NOT ELIGIBLE UNDER OPERATIONAL PROGRAMMES REFERRED
TO IN ARTICLE 60(1)
1. General production costs and, in particular, plant protection products, including integrated control materials,
fertilisers 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 biological plant protection materials (such as pheromones and predators) whether used in
organic, integrated or conventional production;
— specific costs for transport, sorting and packing related to free distribution as referred to in Articles 81 and 82;
— specific costs for environmental measures, including costs generated by the environmental management of
packaging;
— specific costs for organic, integrated or experimental production, including specific costs for organic seeds and
seedlings. The competent authority of the Member State 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, in a duly justified way, standard flat rates.
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 up to a maximum of 2 % of the operational fund as
approved in accordance with Article 64 and up to a maximum of EUR 180 000, comprising both the EU
contribution and the producer organisation contribution.
In the case of operational programmes submitted by recognised associations of producer organisations,
overheads shall be calculated as the addition of the overheads of each producer organisation as provided for
in the first paragraph but limited to a maximum of EUR 1 250 000 per association of producer organisations.
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 directly borne by the producer
organisation, association of producer organisation or subsidiaries as referred to in Article 50(9) resulting from
measures:
(i) to improve or maintain a high level of quality or environmental protection;
(ii) to improve the level of marketing.
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 producer members, the time worked shall be documented.

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Official Journal of the European Union
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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 the harvest insurance measures referred to in Section 6 of Chapter III of Title III.
5. Reimbursement of loans taken out for an operation carried out before the beginning of the operational programme
other than those referred to in Articles 48(4), 49(3) and 74.
6. Purchase of land costing more than 10 % of all the eligible expenditure on the operation concerned and not built on
except where purchase is necessary to carry out an investment included in the operational programme; in exceptional
and duly justified cases, a higher percentage can be fixed for operations concerning environmental conservation.
7. Costs 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
Union.
9. Operations that could distort competition in the other economic activities of the producer organisation.
10. Second hand equipment which has been purchased with Union 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, with the
exception of:
(a) investments in means of internal transport; at the moment of the purchase, the producer organisation shall duly
justify to the concerned Member State that the investments shall only be used for internal transport;
(b) 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 costs of goods hired.
14. Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs, except:
(a) 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 Regulation (EC) No 1974/2006;
(b) the leasing of second hand equipment which has not received Union or national support within the seven
previous years.
15. Promotion of individual commercial labels or labels containing geographic references except:
— brands/trademarks of producer organisation, associations of producer organisations and subsidiaries in the
situation referred to in Article 50(9),

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— generic promotion and promotion of quality labels,
— costs for promotional printing on packaging or on labels under any of the two previous indents on the condition
that it is provided for in the operational programme
Geographical names are allowed only if:
(a) they are a protected designation of origin or a protected geographical indication, covered by Council Regulation
(EC) No 510/2006 ( 1 ); or
(b) in all cases where the provision of point (a) does not apply, these geographical names are secondary to the
principal message.
Promotional material for generic promotion and promotion of quality labels shall bear the emblem of the European
Union (in the case of visual media only) and include the following legend: ‘Campaign financed with the aid of the
European Union’. Producer organisations, associations of producer organisations and those subsidiaries in the
situation referred to in Article 50(9) shall not use the emblem of the European Union in promotion of their
brands/trademarks.
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. Any national or regional taxes or fiscal levies.
19. Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.
20. Real estate purchase which has been purchased with Union or national support within the 10 previous years.
21. Investments in shares of companies if the investment represents a financial investment except investments
contributing directly to the achievement of the goals of the operational programme.
22. Costs incurred by parties other than the producer organisation or its members and associations of producer
organisations or their producer members or subsidiaries in the situation referred to in Article 50(9).
23. Investments or similar types of actions not on the holdings and/or premises of the producer organisation, association
of producer organisations, or their producer members or a subsidiary in the situation referred to in Article 50(9).
24. Measures outsourced by the producer organisation outside the Union.
( 1 ) OJ L 93, 31.3.2006, p. 12.

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ANNEX X
MINIMUM REQUIREMENTS FOR WITHDRAWAL OF PRODUCTS REFERRED TO IN ARTICLE 76(2)
1. The 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 XI
MAXIMUM AMOUNTS OF SUPPORT FOR MARKET WITHDRAWALS AS REFERRED TO IN ARTICLE 79(1)
Product Maximum
support
(EUR/100
kg)
Cauliflowers 10,52
Tomatoes 7,25
Apples 13,22
Grapes 12,03
Apricots 21,26
Nectarines 19,56
Peaches 16,49
Pears 12,59
Aubergines 5,96
Melons 6,00
Watermelons 6,00
Oranges 21,00
Mandarins 19,50
Clementines 19,50
Satsumas 19,50
Lemons 19,50

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ANNEX XII
TRANSPORT COSTS UNDER FREE DISTRIBUTION REFERRED TO IN ARTICLE 81(1)
Distance between the place of withdrawal and the place of delivery Transport
costs
(EUR/t)
( 1 )
Less than 25 km 18,2
From 25 km to 200 km 41,4
From 200 km to 350 km 54,3
From 350 km to 500 km 72,6
From 500 km to 750 km 95,3
750 km or more 108,3
( 1 ) Supplement for refrigerated transport: EUR 8,5/t.

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15.6.2011 Official
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European
Union L
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ANNEX XIII
PART A
SORTING AND PACKING COSTS REFERRED TO IN ARTICLE 82(1)
Product Sorting
and
packing
costs
(EUR/t)
Apples 187,7
Pears 159,6
Oranges 240,8
Clementines 296,6
Peaches 175,1
Nectarines 205,8
Watermelons 167,0
Cauliflowers 169,1
Other products 201,1
PART B
STATEMENT FOR PACKAGING OF PRODUCTS REFERRED TO IN ARTICLE 82(2)
— Продукт, предназначен за безплатна дистрибуция (Регламент за изпълнение (ЕC) № )
— Producto destinado a su distribución gratuita [Reglamento de ejecución (UE) no ]
— Produkt uren k bezplatné distribuci [prováděcí naízení (EU) . ]
— Produkt til gratis uddeling (gennemfrelsesforordning (EU) nr. )
— Zur kostenlosen Verteilung bestimmtes Erzeugnis (Durchführungsverordnung (EU) Nr. )
— Tasuta jagamiseks meldud tooted [rakendusmrus (EL) nr ]
— Προν προοριζμενο για δωρεν διανομ [εκτελεστικ κανονισμ (ΕE) αριθ. ]
— Product for free distribution (Implementing Regulation (EU) No )
— Produit destiné à la distribution gratuite [règlement d’exécution (UE) n o ]
— Prodotto destinato alla distribuzione gratuita [regolamento di esecuzione (UE) n. ]
— Produkts paredzēts bezmaksas izplatīanai [stenoanas regula (ES) Nr. ]
— Nemokamai platinamas produktas [gyvendinimo reglamentas (ES) Nr. ]
— Ingyenes szétosztásra szánt termék (/EU végrehajtási rendelet)
— Prodott destinat gad-distribuzzjoni bla las [Regolament ta’ implimentazzjoni (UE) nru. ]
— Voor gratis uitreiking bestemd product (Uitvoeringserordening (EU) nr. )

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— Produkt przeznaczony do bezpatnej dystrybucji [Rozporzdzenie wykonawcze (UE) nr ]
— Produto destinado a distribuio gratuita [Regulamento de execuo (UE) n. o ]
— Produs destinat distribuirii gratuite [Regulamentul de punere n aplicare (UE) nr. ]
— Vrobok uren na bezplatnú distribúciu [vykonávacie nariadenie (E) . ]
— Proizvod, namenjen za prosto razdelitev [Izvedbena uredba (EU) t. ]
— Ilmaisjakeluun tarkoitettu tuote (tytntnpanoasetus (EU) N:o )
— Produkt fr gratisutdelning (genomfrandefrordning (EU) nr )

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ANNEX XIV
Information to be included in the annual report of Member States as referred to in Article 97(b)
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 Section IVa of Chapter IV of Title I and Section IA of Chapter
II of Title II of Part II of Regulation (EC) No 1234/2007, including the national strategy for sustainable operational
programmes applicable to operational programmes implemented in the year being reported on.
(b) The Member States contact point for notifications.
(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) as well as changes in membership
during the year;
— area under fruit and vegetable production (total and broken down into main crops), product coverage and
description of the final products sold (with the indication of their value and volume according to the main
sources), and the main destinations of the products, by value (with details concerning the products marketed
for the fresh market, the products sold for processing and the products that were withdrawn from the market);
— 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 Union, Member State (national assistance) and producer
organisation and members;
— description of the level of Union financial assistance under Article 103d of Regulation (EC) No 1234/2007;
— financial data of the operational program, broken out between producer organisations and associations of
producer organisations;
— value of marketed production: total and broken down into the different legal entities composing the producer
organisation or association of producer organisations;

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— expenditure on the operational program, broken down by measures and types of action selected as eligible for
support;
— information on the volume of products withdrawn broken down by products and by months and between
total volumes withdrawn from the market and volumes disposed of by way of free distribution, expressed in
tonnes,
— list of the approved bodies for the purposes of Article 103d(4) of Regulation (EC) No 1234/2007.
(b) Producer groups. Financial data per beneficiary:
— total amount, contributions from Union, Member State and producer group and members;
— 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 103a(1)(b) of Regulation (EC) No
1234/2007 with breakdown on Union, Member State and producer group contribution;
— value of 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 19(1)(g). 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 applies Article 182(6) of Regulation (EC) No 1234/2007, 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 110(1).
In 2012, the annual report shall also include the 2012 evaluation report referred to in the second subparagraph of
Article 127(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 referred to in Article 203a(6) of Regulation (EC) No 1234/2007.
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.

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ANNEX XV
PART A
Price notification referred to in Article 98(1)
Product Type/variety Presentation/size Representative
Markets
Tomatoes Round Size
57-100
mm,
in
bulk
in
Flanders (BE)
packs of around 5-6 kg
Athens (EL)
Trusses in
bulk
in
Thessaloniki (EL)
packs
of
around
3-6 kg
Almeria (ES)
Cherry Trays
of
around Granada (ES)
250-500
g
Tenerife (ES)
Murcia (ES)
Rhne-Méditerranée (FR)
Bretagne (FR)
Budapest (HU)
Lecce (IT)
Vittoria (IT)
Westland (NL)
Kalisko-pleszewski (PL)
Algarve (PT)
Galai (RO)
Apricots All
types
and
varieties Size
45-50
mm
Sofia (BG)
Trays or packs of around 6-10 kg Athens (EL)
Thessaloniki (EL)
Murcia (ES)
Valencia (ES)
Rhne-Méditerranée (FR)
Budapest (HU)
Napoli (IT)
Bologna (IT)
Nectarines White
flesh Size
A/B
Athens (EL)
Trays or packs of around 6-10 kg Thessaloniki (EL)
Lleida (ES)
Yellow flesh Size
A/B
Zaragoza (ES)
Trays or packs of around 6-10 kg
Rhne-Méditerranée (FR)
Ravenna (IT)
Forli (IT)
Metaponoto (IT)

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Product Type/variety Presentation/size Representative
Markets
Peaches White
flesh Size
A/B
Athens (EL)
Trays or packs of around 6-10 kg Thessaloniki (EL)
Lleida (ES)
Yellow flesh Size
A/B
Murcia (ES)
Trays or packs of around 6-10 kg Huesca (ES)
Rhne-Méditerranée (FR)
Budapest (HU)
Caserta (IT)
Forli (IT)
Cova da Beira (PT)
Table grapes Muscatel Trays
or
packs
of
1
kg Athens
(EL)
Thessaloniki (EL)
Chasselas
Alicante (ES)
Alphonse Lavallée
Murcia (ES)
Rhne-Méditerranée (FR)
Italia
Sud-Ouest (FR)
Budapest (HU)
Black magic
Bari (IT)
Red Globe
Taranto (IT)
Catania (IT)
Victoria
Algarve (PT)
Seedless (Sugarone/
Thomson)
Pears Blanquilla Size
55/60,
packs
of
around
Flanders (BE)
5-10 kg
Athens (EL)
Conference Size
60/65+,
packs Thessaloniki (EL)
of
around
5-10 kg
Lleida (ES)
Williams Size
65+/75+,
Zaragoza (ES)
packs
of
around
5-10 kg
Val de Loire — Centre (FR)
Rocha
Budapest (HU)
Ferrara (IT)
Abbé Fétel Size
70/75,
packs
of
around
5-10 kg
Modena (IT)
Kaiser
Geldermalsen (NL)
Grójecko-warecki (PL)
Doyenné du Comice Size
75/90,
packs
of
around
5-10 kg
Oeste (PT)

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Product Type/variety Presentation/size Representative
Markets
Apples Golden
delicious Size
70/80,
packs
of
around
Gleisdorf (AT)
5-20 kg
Flanders (BE)
Braeburn
Praha (CZ)
Jonagold
Niedersachsen (DE)
(or Jonagored)
Athens (EL)
Idared
Thessaloniki (EL)
Lleida (ES)
Fuji
Rhne-Méditerranée (FR)
Shampion
Val de Loire — Centre (FR)
Granny smith
Red delicious and
other red varieties
Boskoop
Gala Size
65/70,
packs
of
around
Sud-Ouest (FR)
5-20 kg
Budapest (HU)
Elstar
Trento (IT)
Cox orange
Bolzano (IT)
Geldermalsen (NL)
Grójecko-warecki (PL)
Lubelsko-sandomierski (PL)
Oeste (PT)
Mure (RO)
Satsumas All
varieties Sizes
1-X
-
2,
packs
of
around
Valencia (ES)
10-20 kg
Lemons All
varieties Sizes
3-4,
packs
of
around
10
kg Athens
(EL)
Thessaloniki (EL)
Alicante (ES)
Murcia (ES)
Catania (IT)
Siracusa (IT)
Clementines All
varieties Sizes
1-X
-
3,
packs
of
around
Athens (EL)
5-15 kg
Thessaloniki (EL)
Castellon (ES)
Valencia (ES)
Corigliano (IT)
Catania (IT)

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Product Type/variety Presentation/size Representative
Markets
Mandarins All
varieties Sizes
1
-
2,
packs
of
around
Athens (EL)
8-10 kg
Thessaloniki (EL)
Castellon (ES)
Valencia (ES)
Palermo (IT)
Siracusa (IT)
Algarve (PT)
Oranges Salustiana Size
6-9,
packs
of
around
Athens (EL)
10-20 kg
Thessaloniki (EL)
Navelinas
Alicante (ES)
Navelate
Valencia (ES)
Sevilla (ES)
Lanelate
Catania (IT)
Valencia late
Siracusa (IT)
Algarve (PT)
Tarocco
Navel
Courgettes All
varieties Size
14-21,
loose
in
the
pack Athens
(EL)
Thessaloniki (EL)
Almeria (ES)
Rhne-Méditerranée (FR)
Bari (IT)
Latina (IT)
Barendrecht (NL)
Cherries All
sweet
varieties Sizes
22
and
over,
loose
in
the
Sofia (BG)
pack
Praha (CZ)
Rheinland-Pfalz (DE)
Athens (EL)
Thessaloniki (EL)
Zaragoza (ES)
Rhne-Méditerranée (FR)
Budapest (HU)
Bari (IT)
Grójecko-warecki (PL)
Cova da Beira (PT)
Iai (RO)

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Product Type/variety Presentation/size Representative
Markets
Cucumbers Smooth
varieties Sizes
350-500
g,
arranged
in
the
Sofia (BG)
pack
Athens (EL)
Thessaloniki (EL)
Almeria (ES)
Val de Loire — Centre (FR)
Budapest (HU)
Bari (IT)
Vittoria (IT)
Barendrecht (NL)
Kalisko-pleszewski (PL)
Garlic White Size
50-80
mm,
packs
of
around
Athens (EL)
2-5 kg
Thessaloniki (EL)
Violet
Cuenca (ES)
Cordoba (ES)
Sud-Ouest (FR)
Budapest (HU)
Rovigo (IT)
Plums Greengage Size
35
mm
and
over Sofia
(BG)
Baden-Würtemberg (DE)
European plums
Size 35 mm and over
Murcia (ES)
(President, Stanley,
Cacanska, etc.)
Sud-Ouest (FR)
Budapest (HU)
Santa Rosa Size
40
mm
and
over
Modena (IT)
Japanese plums
Size 40 mm and over
Grójecko-warecki (PL)
(Golden Japan, etc.)
Arge (RO)
Cara-Severin (RO)
Sweet peppers Square
green Size
70
mm
and
over Sofia
(BG)
Athens (EL)
Square coloured (red,
yellow, etc.)
Thessaloniki (EL)
Almeria (ES)
White Size
50
mm
and
over
Murcia (ES)
Elongated green Size
40
mm
and
over
Budapest (HU)
Brindisi (IT)
Vittoria (IT)
Westland (NL)
Oeste (PT)

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Product Type/variety Presentation/size Representative
Markets
Lettuces Iceberg Size
400
g
and
over,
packs
of
Nordrhein-Westfalen (DE)
8 - 12
Athens (EL)
Other varieties of Size 400 g and over, packs of Thessaloniki (EL)
headed lettuce
8 -12
Almeria (ES)
(including Batavia)
Murcia (ES)
Rhne-Méditerranée (FR)
Bari (IT)
Grubbenvorst (NL)
Oeste (PT)
London (UK)
Strawberries All
varieties Packs
of
250
/
500
g Flanders
(BE)
Nordrhein-Westfalen (DE)
Huelva (ES)
Sud-Ouest (FR)
Salerno (IT)
Barendrecht (NL)
Pocki (PL)
Algarve (PT)
London (UK)
Cultivated mushrooms Closed Medium
sized
(30-65
mm) La
Rioja
(ES)
Val de Loire – Centre (FR)
Dublin (IE)
Budapest (HU)
Barendrecht (NL)
Poznaski (PL)
London (UK)
Kiwis Hayward Sizes
105-125
g,
packs
of
around
Athens (EL)
3-10 kg
Sud-Ouest (FR)
Latina (IT)
Cuneo (IT)
Verona (IT)
Grande Porto (PT)
PART B
List of fruit and vegetables and other products referred to in Article 98(3)
— cauliflowers;
— asparagus;
— egg plant (aubergines);
— avocados;

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— carrots;
— onions;
— beans;
— leeks;
— water melons;
— melons;
— hazelnuts;
— sour cherries;
— cabbages;
— potatoes.

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ANNEX XVI
ENTRY PRICE SYSTEM SET OUT IN TITLE IV, CHAPTER I, 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 the Title IV, Chapter I, 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 From
1
January
to
31
December
ex 0707 00 05 Cucumbers
( 1 ) From
1
January
to
31
December
ex 0709 90 80 Artichokes From
1
November
to
30
June
0709 90 70 Courgettes From
1
January
to
31
December
ex 0805 10 20 Sweet
oranges,
fresh From
1
December
to
31
May
ex 0805 20 10 Clementines From
1
November
to
end
of
February
ex 0805 20 30
Mandarins (including tangerines and From 1 November to end of February
ex 0805 20 50
satsumas); wilking and similar citrus
ex 0805 20 70
hybrids
ex 0805 20 90
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 From
1
July
to
30
June
ex 0808 20 50 Pears From
1
July
to
30
April
ex 0809 10 00 Apricots 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
Peaches, including nectarines
From 11 June to 30 September
ex 0809 30 90
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

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ANNEX XVII
REPRESENTATIVE MARKETS REFERRED TO IN ARTICLE 135
Member State(s) Representative
markets
Belgium and Luxembourg Brussels
Bulgaria Sofia
Czech Republic Prague
Denmark Copenhagen
Germany Hamburg,
Munich,
Frankfurt,
Cologne,
Berlin
Estonia Tallinn
Ireland Dublin
Greece Athens,
Thessaloniki
Spain Madrid,
Barcelona,
Seville,
Bilbao,
Zaragoza,
Valencia
France Paris-Rungis,
Marseille,
Rouen,
Dieppe,
Perpignan,
Nantes,
Bordeaux,
Lyon, Toulouse
Italy Milan
Cyprus Nicosia
Latvia Riga
Lithuania Vilnius
Hungary Budapest
Malta Attard
Netherlands Rotterdam
Austria Vienna-Inzersdorf
Poland Ozarów
Mazowiecki-Bronisze,
Poznan
Portugal Lisbon,
Porto
Romania Bucharest,
Constana
Slovenia Ljubljana
Slovakia Bratislava
Finland Helsinki
Sweden Helsingborg,
Stockholm
United Kingdom London

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ANNEX XVIII
ADDITIONAL IMPORT DUTIES AS REFERRED TO IN TITLE IV, CHAPTER I, 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
Trigger level
(tonnes)
78.0015 0702
00
00 Tomatoes —
1
October
to
31
May 481
625
78.0020 —
1
June
to
30
September 44
251
78.0065 0707
00
05 Cucumbers —
1
May
to
31
October 31
289
78.0075 —
1
November
to
30
April 26
583
78.0085 0709
90
80 Artichokes —
1
November
to
30
June 17
258
78.0100 0709
90
70 Courgettes —
1
January
to
31
December 57
955
78.0110 0805
10
20 Oranges —
1
December
to
31
May 368
535
78.0120 0805
20
10 Clementines —
1
November
to
end
of
February 175
110
78.0130 0805
20
30
Mandarins (including tangerines and — 1 November to end of February 115
625
satsumas); wilkings and similar citrus
0805 20 50
hybrids
0805 20 70
0805 20 90
78.0155 0805
50
10 Lemons —
1
June
to
31
December 346
366
78.0160 —
1
January
to
31
May 88
090
78.0170 0806
10
10 Table
grapes
— 21 July to 20 November 80
588
78.0175 0808
10
80 Apples —
1
January
to
31
August 916
384
78.0180 —
1
September
to
31
December 95
396
78.0220 0808
20
50 Pears —
1
January
to
30
April 229
646
78.0235 —
1
July
to
31
December 35
541
78.0250 0809
10
00 Apricots —
1
June
to
31
July 5
794
78.0265 0809
20
95 Cherries,
other
than
sour
cherries
— 21 May to 10 August 30
783
78.0270 0809
30 Peaches,
including
nectarines
— 11 June to 30 September 5
613
78.0280 0809
40
05 Plums
— 11 June to 30 September 10
293

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ANNEX XIX
CORRELATION TABLE REFERRED TO IN ARTICLE 149
Regulation (EC) No 1580/2007 This
Regulation
Article 1 Article
1
Article 2 Article
2
Article 2a Article
3
Article 3 Article
4
Article 4 Article
5
Article 5 Article
6
Article 6 Article
7
Article 7 Article
8
Article 8 Article
9
Article 9 Article
10
Article 10 Article
11
Article 11 Article
12
Article 12 Article
13
Article 12a Article
14
Article 13 Article
15
Article 14
—
Article 15 Article
16
Article 16
—
Article 17
—
Article 18
—
Article 19
—
Article 20 Article
17
Article 20a Article
18
Article 21 Article
19
Article 22 Article
20
Article 23 Article
21
Article 24 Article
22
Article 25 Article
23

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Official Journal of the European Union
15.6.2011
Regulation (EC) No 1580/2007 This
Regulation
Article 26 Article
24
Article 27 Article
25
Article 28 Article
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Article 29 Article
27
Article 30 Article
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Article 31 Article
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Article 32 Article
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Article 33 Article
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Article 34 Article
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Article 35
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Article 36 Article
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Article 37 Article
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Article 55 Article
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Article 56 Article
54

EN
15.6.2011 Official
Journal
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European
Union L
157/159
Regulation (EC) No 1580/2007 This
Regulation
Article 57 Article
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Article 58 Article
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Article 59 Article
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Article 60 Article
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Article 61 Article
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Article 62 Article
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Article 87 Article
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L 157/160
EN
Official Journal of the European Union
15.6.2011
Regulation (EC) No 1580/2007 This
Regulation
Article 88 Article
87
Article 89 Article
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Article 90 Article
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Article 91 Article
90
Article 92
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Article 93 Article
91
Article 94 Article
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Article 94a Article
93
Article 95 Article
94
Article 96 Article
95(4)
Article 97 Article
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Article 98 Article
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Article 99 Article
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Article 100 Article
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Article 101 Article
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Article 102 Article
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Article 103 Article
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Article 104 Article
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Article 105 Article
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Article 106 Article
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Article 107 Article
105(2)
and
(3)
Article 108 Article
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Article 109 Article
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Article 110 Article
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Article 111 Article
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Article 112 Article
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Article 113 Article
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Article 114 Article
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Article 115 Article
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Article 117 Article
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EN
15.6.2011 Official
Journal
of
the
European
Union L
157/161
Regulation (EC) No 1580/2007 This
Regulation
Article 118 Article
116
Article 119 Article
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Article 120 Article
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Article 121 Article
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Article 122 Article
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Article 123 Article
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Article 124 Article
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Article 142 Article
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Article 143 Article
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Article 144 Article
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Article 145 Article
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Article 146 Article
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Article 147 Article
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Article 148 Article
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L 157/162
EN
Official Journal of the European Union
15.6.2011
Regulation (EC) No 1580/2007 This
Regulation
Article 149 Article
147
Article 150 Article
148
Article 151 Article
149
Article 152 Article
150
Article 153 Article
151
Annex I Annex
I
Annex II Annex
II
Annex III Annex
III
Annex IV Annex
IV
Annex VI Annex
V
Annex VII Annex
VII
Annex VIII Annex
IX
Annex IX Annex
X
Annex X Annex
XI
Annex XI Annex
XII
Annex XII Annex
XIII
Annex XIII Annex
XIV
Annex XIV Annex
VIII
Annex XV Annex
XVI
Annex XVI Annex
XVII
Annex XVII Annex
XVIII
Annex XVIII Annex
XX

EN
15.6.2011 Official
Journal
of
the
European
Union L
157/163
ANNEX XX
REGULATIONS REFERRED TO IN ARTICLE 150(2)
Commission Regulation (EEC) No 1764/86 of 27 May 1986 laying down minimum quality requirements for products
processed from tomatoes under the production aid scheme ( 1 )
Commission Regulation (EEC) No 2320/89 of 28 July 1989 laying down minimum quality requirements for peaches in
syrup and/or in natural fruit juice under the production aid scheme ( 2 )
Article 2 and Parts A and B of Annex I 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.

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