HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 203/60
EN
Official Journal of the European Union
31.7.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 701/2012
of 30 July 2012
amending Implementing Regulation (EU) No 543/2011 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,
(4) In
order
to
encourage
the
free
distribution
of
withdrawn
fruit and vegetables within the meaning of Article 103d(4)
of Regulation (EC) No 1234/2007 and any other
Having regard to the Treaty on the Functioning of the European
equivalent destinations approved by the Member States,
Union,
a higher maximum amount of aid should be fixed than
for other destinations, if the difference between the
average producer price in the Union and the current
maximum support levels allows this without creating
Having regard to Council Regulation (EC) No 1234/2007 of
an alternative outlet for the products compared to
22 October 2007 establishing a common organisation of agri
placing them on the market. This is the case for cauli
cultural markets and on specific provisions for certain agri
flowers, tomatoes, apples, grapes, apricots, pears, auber
cultural products (Single CMO Regulation) ( 1 ), and in particular
gines, melons, watermelons, clementines and lemons.
Articles 103h, 127(c) and 143 in conjunction with Article 4
thereof,
(5) In
order
to
facilitiate
the
distribution
of
withdrawn
Whereas:
products by charitable organisations and institutions,
those organisations and institutions should only be
obliged to keep financial accounts for the operation in
(1) Regulation
(EC)
No
1234/2007
establishes
a
common
question if they have requested and obtained the auth
organisation of agricultural markets which includes the
orisation from the competent authorities of the Member
fruit and vegetables and processed fruit and vegetables
State to ask a symbolic financial contribution from the
sectors. Pursuant to Article 103c of that Regulation,
final recipients. The possibility to request such a
operational programmes in the fruit and vegetables
contribution should also be extended to fresh products.
sector may include crisis prevention and management
measures, aimed at avoiding and dealing with crises on
the fruit and vegetable markets.
(6) In
order
to
take
past
experiences
in
applying
crisis
prevention and management measures into account, it
(2) In
accordance
with
Article
79(1)
of
Commission
Imple
is appropriate to clarify the definitions of green
menting Regulation (EU) No 543/2011 ( 2 ), Annex XI to
harvesting and non-harvesting and the situations in
that Implementing Regulation sets out the maximum
which green harvesting and non-harvesting measures
amounts of support for market withdrawals for the
may be undertaken. In addition, so as to align the
products listed therein. Those amounts should be fixed
various crisis prevention and management measures
so as to avoid that withdrawals become a permanent
and to increase their effectiveness, it is appropriate to
alternative outlet for products compared to placing
delete the specific obligation provided for in Article 85(2)
them on the market and to ensure, at the same time,
of Implementing Regulation (EU) No 543/2011 to
that withdrawals remain an effective instrument for crisis
include a compulsory market analysis in the first notifi
prevention and management.
cation of each intended green harvesting operation.
(3) In
order
to
ensure
that
withdrawals
remain
an
effective
instrument for crisis prevention and management, the
(7)
In order to react to a sudden crisis situation, green
maximum amounts of support for market withdrawals
harvesting and non-harvesting should be possible for
should be increased for those fruit and vegetables where
fruit and vegetables with a longer harvesting period,
current support levels are particularly low compared to
although the normal harvest has already begun or
the average producer prices in the Union. This is the case
commercial production has already been taken from
for tomatoes, grapes, apricots, pears, aubergines and
the area in question, subject to restrictions to be
melons. In addition, in order to avoid overcompensation
decided by Member States. In such cases, only the
of withdrawals of lower-priced tomatoes intended for
production to be harvested in the six weeks following
processing, a differentiated amount should be introduced
the operation should be compensated. As plants bearing
for tomatoes produced from 1 June to 31 October,
fruit and vegetables with a longer harvesting period often
which is the period in which tomatoes intended for
bear both ripe and unripe products at the same time, it is
processing may be withdrawn.
appropriate to derogate from the general rule opposing
the application of green harvesting and non-harvesting
( 1 ) OJ L 299, 16.11.2007, p. 1.
measures for the same product and the same given
( 2 ) OJ L 157, 15.6.2011, p. 1.
area in any given year.

---

EN
31.7.2012 Official
Journal
of
the
European
Union L
203/61
(8)
In order to ensure that the obligation to demonstrate that
product is well developed and is of sound, fair and
each lot was disposed of in accordance with the relevant
marketable quality. Destruction of products due to a
conditions is fulfilled and to allow for effective customs
climatic event or disease shall not be considered as
controls based on risk analysis, detailed rules should be
non-harvesting.’
set out as regards the obligation to make available to the
customs authorities certain documents relevant for the
controls to be undertaken.
(4) Article 85 is amended as follows:
(9) Implementing
Regulation
(EU)
No
543/2011
should
(a) in paragraph 2, the second subparagraph is deleted;
therefore be amended accordingly.
(b) paragraph 3 is replaced by the following:
(10) It is appropriate to apply the new amounts of support
for market withdrawals retroactively as from 1 July 2012
when the summer marketing season starts. In order to
‘3. Green harvesting measures shall not be
give time to importers to adapt to the new rules
undertaken in respect of fruit and vegetables of which
concerning the entry price system, those rules should
the normal harvest has already begun, and non-
apply from 1 September 2012.
harvesting measures shall not be undertaken where
commercial production has been taken from the area
concerned during the normal production cycle.
(11) The
Management
Committee
for
the
Common
Organi
sation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chair,
However, the first subparagraph shall not apply where
fruit and vegetable plants have a harvesting period
exceeding one month. In such cases, the amounts
HAS ADOPTED THIS REGULATION:
referred to in paragraph 4 shall only compensate for
the production to be harvested in the six weeks
Article 1
following the green harvesting and non-harvesting oper
ation. Those fruit and vegetable plants shall not be used
Amendments to Implementing Regulation (EU) No
for further production purposes after the operation has
543/2011
taken place.
Implementing Regulation (EU) No 543/2011 is amended as
follows:
For the purposes of the second subparagraph, Member
States may prohibit the application of green harvesting
(1) In Article 80(2), the second subparagraph is replaced by the
and non-harvesting measures if, in the case of green
following:
harvesting, a significant part of the normal harvest has
been carried out and, in the case of non-harvesting, a
significant part of the commercial production has
‘Upon request, Member States may authorise the charitable
already been taken. A Member State intending to
organisations and institutions referred to in Article 103d(4)
apply this provision shall lay down in its national
of Regulation (EC) No 1234/2007 to ask a symbolic
strategy the part it deems to be significant.
contribution from the final recipients of products
withdrawn from the market. When the charitable organi
sations and institutions concerned have obtained the auth
Green harvesting and non-harvesting shall not both be
orisation, they shall, in addition to the obligations under
applied for the same product and the same given area in
Article 83(1) of this Regulation, keep financial accounts
any given year, except for the purposes of the second
for the operation in question.’
subparagraph where both operations may be applied
simultaneously.’
(2) In Article 83(1), point (b) is replaced by the following:
(c) in paragraph 4, point (b) is replaced by the following:
‘(b) keep separate stock records for the operations in ques
tion;’
‘(b) at a level to cover not more than 90 % of the
maximum support level for market withdrawals
(3) In Article 84(1), points (a) and (b) are replaced by the
applicable to withdrawals for destinations other
following:
than free distribution as referred to in
Article 103d(4) of Regulation (EC) No 1234/2007.’
‘(a) “green harvesting” means the total harvesting of unripe
non-marketable products on a given area. The products
(5) In Article 109(5), point (a) is replaced by the following:
concerned shall not have been damaged prior to the
green harvesting, whether due to climatic reasons or
disease or otherwise;
‘(a) a sample check on the stock records to be kept by
recipients and on the financial accounts of the
charitable organisations and institutions concerned
(b) “non-harvesting” means the termination of the current
where the second subparagraph of Article 80(2)
production cycle from the area concerned where the
applies;’

---

L 203/62
EN
Official Journal of the European Union
31.7.2012
(6) Article 110 is amended as follows:
(8) In Article 137(4), the following fourth and fifth subpara
graphs are added:
(a) in paragraph 1, the second subparagraph is deleted;
‘In order to prove that the lot was disposed of under the
conditions set out in the first subparagraph, the importer
(b) in paragraph 2, the following third subparagraph is
shall make available, in addition to the invoice, all
added:
documents needed for the carrying out of the relevant
customs controls in relation to the sale and disposal of
‘Where the second subparagraph of Article 85(3)
each product of the lot in question. This shall include
applies, the requirement provided for in the first
documents relating to the transport, insurance, handling
subparagraph of this paragraph that no partial harvest
and storage of the lot.
has taken place shall not apply.’
Where the marketing standards referred to in Article 3
(c) the following paragraph 2a is inserted:
require the product variety or the commercial type of the
fruit and vegetables to be indicated on the packaging, the
product variety or the commercial type of the fruit and
‘2a. Where
the
second
subparagraph
of
Article
85(3)
vegetables that form part of the lot shall be indicated on
applies, Member States shall ensure that the fruit and
documents related to transport, invoices and the delivery
vegetable plants on which non-harvesting and green
order.’
harvesting measures have been undertaken shall not
be used for further production purposes.’
(9) Annex XI is replaced by the text set out in the Annex to
this Regulation.
(7) Article 121 is amended as follows:
Article 2
(a) in paragraph 1, point (a) is deleted;
Entry into force
This Regulation shall enter into force on the seventh day
(b) in paragraph 2, the following subparagraph is added:
following the day of its publication in the Official Journal of
the European Union.
‘Point (b) of the first subparagraph of this paragraph
shall not apply where the second subparagraph of
However, point (8) of Article 1 shall apply from 1 September
Article 85(3) applies.’
2012 and point (9) of Article 1 shall apply from 1 July 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2012.
For the Commission
The President
José Manuel BARROSO

---

EN
31.7.2012 Official
Journal
of
the
European
Union L
203/63
ANNEX
‘ANNEX XI
Maximum amounts of support for market withdrawals as referred to in article 79(1)
Maximum support (EUR/100 kg)
Product
Free distribution Other
destinations
Cauliflowers 15,69 10,52
Tomatoes (1 June – 31 October) 7,25 7,25
Tomatoes (1 November-31 May) 27,45 18,30
Apples 16,98 13,22
Grapes 39,16 26,11
Apricots 40,58 27,05
Nectarines 26,90 26,90
Peaches 26,90 26,90
Pears 23,85 15,90
Aubergines 22,78 15,19
Melons 31,37 20,91
Watermelons 8,85 6,00
Oranges 21,00 21,00
Mandarins 19,50 19,50
Clementines 22,16 19,50
Satsumas 19,50 19,50
Lemons 23,99 19,50’

---

Document Outline

• �

---