HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 223/6
EN
Official Journal of the European Union
21.8.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 755/2012
of 16 August 2012
amending Implementing Regulation (EU) No 543/2011 as regards the eligibility of specific costs of
environmental actions under operational programmes of producer organisations in the fruit and
vegetables sector
THE EUROPEAN COMMISSION,
to the management of the Union regime, it is appropriate
to abandon support to environmental actions related to
management of packaging.
Having regard to the Treaty on the Functioning of the European
Union,
(4) Implementing
Regulation
(EU)
No
543/2011
should
therefore be amended accordingly.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
(5) The
Management
Committee
for
the
Common
Organi
cultural markets and on specific provisions for certain agri
sation of Agricultural Markets has not delivered an
cultural products (Single CMO Regulation) ( 1 ), and in particular
opinion within the time limit set by its Chair,
Article 103h in conjunction with Article 4 thereof,
HAS ADOPTED THIS REGULATION:
Whereas:
Article 1
Amendments to Implementing Regulation (EU)
(1) Regulation
(EC)
No
1234/2007
establishes
a
common
No 543/2011
organisation of agricultural markets which includes the
fruit and vegetables and processed fruit and vegetables
Implementing Regulation (EU) No 543/2011 is amended as
sectors. Pursuant to Article 103c(3) of that Regulation,
follows:
Member States are required to provide that operational
programmes in the fruit and vegetables sector include
(1) Article 60(4) is amended as follows:
two or more environmental actions or that at least
10
% of the expenditure under the operational
(a) in the first subparagraph, point (c) is deleted;
programmes covers environmental actions. That Regu
lation also provides that support for environmental
(b) the second subparagraph is deleted;
actions has to cover additional costs and income
foregone resulting from the action.
(2) in the first paragraph of point 1 of Annex IX, the fourth
indent is replaced by the following:
(2) In
accordance
with
Article
60(1)
of
Commission
Imple
menting Regulation (EU) No 543/2011 of 7 June 2011
‘— specific costs of environmental actions referred to in
laying down detailed rules for the application of Council
Article 103c(3) of Regulation (EC) No 1234/2007. In
Regulation (EC) No 1234/2007 in respect of the fruit and
all cases costs related to the use and management of
vegetables and processed fruit and vegetables sectors ( 2 ),
packaging shall not be eligible;’
Annex IX to that Implementing Regulation sets out the
list of actions or expenditure not eligible for support
Article 2
under operational programmes. However, it indicates
that specific costs for environmental measures,
Transitional provisions
including costs generated by environmental management
1. Environmental actions related to management of
of packaging are, as an exception, eligible.
packaging that are included in an operational programme
approved before the date of entry into force of this Regulation
(3) Experience
in
applying
environmental
actions
related
to may remain eligible for support until the end of the operational
management of packaging shows that there are uncer
programme, provided that they comply with the rules applicable
tainties about the net environmental benefits resulting
prior to the date of entry into force of this Regulation.
from those actions and/or the fact that they effectively
result in additional costs and income foregone being
2. Where
appropriate,
Member
States
shall
amend
their
borne by the producer organisations and, thus, about
national framework referred to in the first subparagraph of
the justification for the public support provided.
Article 103f(1) of Regulation (EC) No 1234/2007 in order to
Moreover, both the management and the control of
adapt it to the changes provided for in Article 1 of this Regu
those actions have proved to be complex, in particular,
lation.
in respect of the calculation of the support that can be
granted. Based on that experience and in order to
By way of derogation from Article 56(1) of Implementing Regu
encourage the implementation of more cost-effective
lation (EU) No 543/2011, the amendments made to the
environmental actions and to reduce the costs related
national framework pursuant to the first subparagraph of this
paragraph shall not be subject to the procedure set out in the
( 1 ) OJ L 299, 16.11.2007, p. 1.
second subparagraph of Article 103f(1) of Regulation (EC)
( 2 ) OJ L 157, 15.6.2011, p. 1.
No 1234/2007.

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EN
21.8.2012 Official
Journal
of
the
European
Union L
223/7
Article 3
Entry into force
This Regulation shall enter into force on the seventh day following that of its publication in the Official
Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 August 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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