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5.4.2012 Official
Journal
of
the
European
Union L
99/21
COMMISSION IMPLEMENTING REGULATION (EU) No 302/2012
of 4 April 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,
should assess whether the duration of the proposed
recognition plan is not unduly long and demand modi
fications where a producer group could meet the recog
Having regard to the Treaty on the Functioning of the European
nition criteria for producer organisations before the end
Union,
of the transitional period referred to in Article 125e(1).
Having regard to Council Regulation (EC) No 1234/2007 of
(4) Article
39(2)
of
Implementing
Regulation
(EU)
No
22 October 2007 establishing a common organisation of agri
543/2011 provides that Member States shall set the
cultural markets and on specific provisions for certain agri
conditions under which producer groups may request
cultural products (Single CMO Regulation) ( 1 ), and in particular
changes to plans during their implementation. In order
Articles 103h and 127 in conjunction with Article 4 thereof,
to ensure a sound application of that Regulation and in
the interest of financial predictability and sound
budgetary management, rules should be laid down
Whereas:
providing for a maximum percentage for a proposed
increase of the expenditure under an approved recog
nition plan. However, different limits should apply to
recognition plans approved before the entry into force
(1) Regulation
(EC)
No
1234/2007
establishes
a
common
organisation of agricultural markets which includes the
of this Regulation and in the case of mergers of producer
fruit and vegetables and processed fruit and vegetables
groups.
sectors. Pursuant to Article 103a of Regulation (EC) No
1234/2007 read in conjunction with Article 125e of that
Regulation, Union aid may be granted to producer
(5) For
reasons
of
budgetary
discipline
and
in
order
to
groups formed in Member States that recently acceded
optimise the allocation of financial resources in a
to the European Union, in the outermost regions of the
sustainable and effective way, it is appropriate to
Union and in the smaller Aegean Islands. That aid is to
provide a ceiling for the Union financing of the aid to
encourage the formation of producer groups, facilitate
cover part of the investments referred to in
their administrative operation and enable producer
Article 103a(1)(b) of Regulation (EC) No 1234/2007.
groups to meet the recognition criteria for producer
For reasons of financial security and legal certainty, a
organisations, which are the basic actors of the fruit
list of investments which may not be covered by recog
and vegetables sector.
nition plans should be drawn up.
(2)
Articles 36 to 49 of Commission Implementing Regu
(6) For
reasons
of
budgetary
discipline,
it
is
also
necessary
to
lation (EU) No 543/2011 ( 2 ) lay down the detailed rules
provide for a ceiling for the expenditure to be financed
in respect of producer groups. In order to prevent situ
by the European Agricultural Guarantee Fund (EAGF) in
ations in which operators artificially create the conditions
relation to the aid referred to in Article 103a(1) of Regu
for obtaining payments of Union aid, with a view to
lation (EC) No 1234/2007 and to set up a notification
obtain advantages contrary to the objectives of Regu
system, under which the Member States inform the
lation (EC) No 1234/2007, it is appropriate to require
Commission in respect of the financial implications of
Member States to lay down rules in order to prevent
the recognition plans prior to their approval.
producers from shifting from one producer group to
another with the aim to benefit from Union aid for a
longer period than the period referred to in
Article 125e(1) of Regulation (EC) No 1234/2007 and
(7) In
order
to
prevent
any
unjustified
enrichment
where
a
to prevent Member States from recognising legal entities
member leaves its producer group and benefits from
or clearly defined parts of such entities as producer
investments on its own holding, rules should be laid
groups, where such entities could already meet the recog
down in order to allow the producer group to recover
nition criteria for producer organisations.
the investment or the residual value of the investment
where the amortisation period has not yet expired.
(3) Article
125e(1)
of
Regulation
(EC)
No
1234/2007
requires producer groups to present a phased recognition
(8) For
the
sake
of
financial
predictability
and
budgetary
plan to the competent Member State. Member States
forecasting, it is appropriate to provide for more
detailed rules on notifications from Member States to
( 1 ) OJ L 299, 16.11.2007, p. 1.
the Commission regarding financial implications of
( 2 ) OJ L 157, 15.6.2011, p. 1.
recognition plans of producer groups.

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L 99/22
EN
Official Journal of the European Union
5.4.2012
(9) Checks
should
be
conducted
in
such
a
manner
as
to (16) Implementing Regulation (EU) No 543/2011 should
permit Member States to react swifty to any possible
therefore be amended accordingly.
abuse which implies a risk for the Union budget. For
that purpose, it is appropriate to reinforce checks
where significant irregularities have been revealed.
(17) In order to ensure that legitimate expectations of
producers are respected, it is necessary to provide that
certain amendments made by this Regulation do not
(10) Article
103e
of
Regulation
(EC)
No
1234/2007
provides
apply to recognition plans which have been accepted
that in regions of the Member States where the degree of
before the date of entry into force of this Regulation.
organisation of producers is particularly low, Member
However, in order to control budgetary expenditure
States may be authorised by the Commission, on a
and to ensure a level-playing field between economic
duly substantiated request, to pay producer organisations
operators, it should be provided that recognition plans
national financial assistance equal to a maximum of 80 %
that have been accepted before the entry into force of
of the financial contributions referred to in
this Regulation should be treated in the same way as
Article 103b(1)(a) of that Regulation.
recognition plans adopted after the entry into force of
this Regulation, with respect to the Union contribution
to aid referred to in Article 103a(1)(b) of Regulation (EC)
(11) Pursuant to Article 103e of Regulation (EC) No
No 1234/2007, where the producer groups concerned
1234/2007, in regions of Member States where
have not yet committed themselves financially or have
producer organisations market less than 15 % of the
not yet entered into legally binding arrangements with
fruit and vegetable production and whose fruit and
third parties as regards the relevant investments prior to
vegetable production represents at least 15 % of their
the date of entry into force of this Regulation.
total agricultural output, the national assistance may be
reimbursed by the Union at the request of the Member
State concerned.
(18) In order to ensure a smooth transition to the new rules
applicable to Union reimbursement of national financial
assistance, the relevant amendment made by this Regu
(12) Article 92(2) of Implementing Regulation (EU) No
lation should not apply to situations where the request
543/2011 provides that the Commission is to approve
for authorisation to pay national financial assistance has
or refuse the request for the authorisation to grant
been approved by the Commission prior to the entry
national financial assistance within three months of its
into force of this Regulation, but where the Commission
submission. If the Commission does not reply within that
has not yet decided on the reimbursement. In such situ
period, the request is deemed to have been approved.
ations Article 95(4) of Implementing Regulation (EU) No
However, the period of three months may be
543/2011 should continue to apply as not amended by
suspended where a Member State makes an incomplete
this Regulation.
request.
(19) In
order
to
control
Union
expenditure
for
the
fruit
and
(13) Experience has shown that the procedure for the
vegetables sector, this Regulation should enter into force
adoption and notification to the Member State of a
on the day of its publication.
Commission Decision often requires more than three
months and that the actual date from which a request
is to be deemed approved cannot always be identified.
(20) The
Management
Committee
for
the
Common
Organi
For the sake of legal certainty, it is appropriate to provide
sation of Agricultural Markets has not delivered an
that the Commission approves or refuses the request by
opinion within the time limit set by its Chair,
way of a formal Decision.
HAS ADOPTED THIS REGULATION:
(14) Article
103e
of
Regulation
(EC)
No
1234/2007
limits
the
proportion of national financial assistance which may be
Article 1
authorised to a maximum of 80 % of the financial
contributions made by the members of a producer
Amendments to Implementing Regulation (EU) No
organisation or by the producer organisation itself.
543/2011
Article 95(4) of Implementing Regulation (EU) No
543/2011 limits the proportion of Union reimbursement
Implementing Regulation (EU) No 543/2011 is amended as
of national financial assistance to 60 % of the national
follows:
financial assistance granted to the producer organisations.
For reasons of budgetary discipline, it is necessary to
(1) In Article 36(2), the following point (e) is added:
provide for a ceiling to the amount of national
financial assistance that may be reimbursed by the
Union by reference to the maximum amount of the
‘(e) the rules to avoid that a producer benefits from Union
Union financial assistance which may be granted to oper
aid for producer groups for more than 5 years.’
ational funds set up by producer organisations.
(2) In Article 37, the following second paragraph is added:
(15) For
the
sake
of
simplification,
it
is
appropriate
to
fine-
tune the procedure for the notification of producer prices
‘The investments referred to in point (c) of the first
of fruit and vegetables in the internal market on a
paragraph shall not include investments listed in Annex
voluntary basis.
Va.’

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EN
5.4.2012 Official
Journal
of
the
European
Union L
99/23
(3) Article 38 is amended as follows:
(4) In Article 39, paragraph 2 is replaced by the following:
(a) Paragraph 1 is replaced by the following:
‘2. Member
States
shall
set
the
conditions
under
which
producer groups may request changes to plans during their
‘1. The
competent
authority
of
the
Member
State
implementation. Those requests shall be accompanied by
shall take one of the decisions referred to in
all the necessary supporting documents.
paragraph 3 within three months of receipt of a
draft recognition plan accompanied by all supporting
Member States shall determine the conditions under which
documents. Member States may provide for a shorter
recognition plans may be amended during an annual or
deadline.’
semestrial segment without prior approval by the
competent authority of the Member State. Those changes
(b) Paragraph 3 is replaced by the following:
shall only be eligible for aid if they are communicated by
the producer group to the competent authority of the
‘3. Following
the
conformity
checks
referred
to
in
Member State without delay.
Article 111, the competent authority of the Member
State shall, as appropriate:
Producer groups may be authorised by the competent
authority of the Member State, during a given year and
(a) provisionally accept the plan and grant preliminary
in respect of that year, to increase the total amount of
recognition;
expenditure laid down in a recognition plan by a
maximum of 5 % of the amount initially approved, or to
(b) request changes to the plan, including changes in
decrease it by a maximum percentage to be fixed by
relation to its duration. In particular, the Member
Member States, in both cases provided that the overall
State shall assess whether the phases proposed are
objectives of the recognition plan are maintained and
not unduly long and demand modifications where
provided that the overall Union expenditure at the level
a producer group could meet the recognition
of the Member State concerned does not exceed the
criteria for producer organisations before the end
amount of Union contribution allocated to that Member
of the five-year period referred to in the third
State in accordance with Article 47(4).
subparagraph of Article 125e(1) of Regulation
(EC) No 1234/2007;
In the case of mergers of producer groups as referred to in
Article 48, the limit of 5 % shall apply to the total amount
(c) reject the plan, especially in the case where the
of expenditure laid down in the recognition plans of the
legal entities or clearly defined parts of such
merging producer groups.’
entities applying for preliminary recognition as
producer groups already meet the criteria for
(5) In Article 44, the following third paragraph is added:
recognition as a producer organisation.
‘Investments may be implemented on individual holdings
Provisional acceptance may be granted, where
and/or premises of producer members of the producer
necessary, only if the changes requested under
group, provided that they contribute to the objectives of
point (b) have been incorporated in the plan.’
the recognition plan. If the member leaves the producer
group, Member States shall ensure that the investment or
(c) The following paragraphs 4, 5 and 6 are added:
its residual value, where its amortisation period has not yet
expired, is recovered.’
‘4. The
competent
authority
of
the
Member
State
shall notify the Commission, by 1 July in any given
(6) Article 47 is replaced by the following:
year, of the decisions provisionally accepting recog
nition plans and the financial implications of those
plans, using the templates set out in Annex Vb.
‘Article 47
Union contribution
5. Once
the
allocation
coefficients
referred
to
in
the
second subparagraph of Article 47(4) have been set,
1. Subject
to
paragraph
4
of
this
Article,
the
Union
the competent authority of the Member State shall
contribution towards aid as referred to in Article 103a(1)(a)
provide the producer groups concerned with an
of Regulation (EC) No 1234/2007 shall amount to:
opportunity to amend or withdraw their recognition
plan. Where a producer group does not withdraw its
(a) 75 % in the regions eligible under the Convergence
plan the competent authority shall accept such plan
Objective; and
definitively subject to such amendments as the
competent authority may deem necessary.
(b) 50 % in other regions.
6. The
competent
authority
of
the
Member
State
shall notify the legal entity or clearly defined part of
The Member State may pay its national aid as a flat-rate
a legal entity of decisions referred to in paragraphs 3
payment. The aid application shall not be required to
and 5.’
include evidence as to the use of the aid.

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L 99/24
EN
Official Journal of the European Union
5.4.2012
2. The
Union
contribution
towards
aid
as
referred
to
in
The Union contribution shall be granted in accordance
Article 103a(1)(b) of Regulation (EC) No 1234/2007,
with the allocation coefficient referred to in the second
expressed in terms of a capital grant or capital-grant equiv
subparagraph. No Union contribution shall be granted in
alent, shall not exceed, as a percentage of eligible
respect of recognition plans that were not notified in
investment costs:
accordance with Article 38(4).
(a) 50 % in the regions eligible under the Convergence
The exchange rate applicable to the Union contribution
Objective; and
per Member State shall be the rate most recently
published by the European Central Bank prior to the
(b) 30 % in other regions.
date provided for in Article 38(4).
The Member States concerned shall undertake to
___________
contribute at least 5 % of eligible investment costs.
(*) OJ L 265, 26.9.2006, p. 1.’
Beneficiaries of aid towards eligible investment costs shall
pay at least:
(7) In Article 92, paragraph 2 is replaced by the following:
(a) 25 % in the regions eligible under the Convergence
‘2. The
Commission
shall
approve
or
refuse
the
request
Objective; and
by way of a Decision within three months. That period
shall begin on the day following the day on which the
Commission received a complete request. If the
(b) 45 % in other regions.
Commission does not demand additional information
within the three-month period, the request shall be
3. Subject
to
paragraph
4
of
this
Article,
the
Union
deemed complete.’
contribution to the aid referred to in Article 103a(1)(b)
of Regulation (EC) No 1234/2007 shall be determined
(8) In Article 95(4), the following sentence is added:
for each producer group on the basis of its value of
marketed production and shall be subject to the
following rules:
‘The amount reimbursed shall not exceed 48 % of the
financial assistance referred to in Article 103b(1)(b) of
Regulation (EC) No 1234/2007.’
(a) in respect of producer groups in Member States which
acceded to the European Union on 1 May 2004 or
thereafter, no ceiling shall apply in the first two years
(9) In Article 97, point (c) is replaced by the following:
of implementation of their recognition plan, and a
ceiling of 70 %, 50 % and 20 % of the value of the
‘(c) by 31 January in any given year, the financial amounts
marketed production shall apply in the third, fourth
corresponding to each forthcoming annual period of
and fifth year of implementation of their recognition
implementation of the recognition plans including the
plan respectively;
current implementing year. Approved or estimated
amounts shall be provided. The notification shall
(b) in respect of producer groups in the outermost regions
include the following information for each producer
of the Union as referred to in Article 349 of the Treaty
group and each annual forthcoming period of imple
or in the smaller Aegean Islands as referred to in
mentation of the plan:
Article 1(2) of Council Regulation (EC) No
1405/2006 (*), the Union contribution shall be
(i) the total amount of the annual period of imple
capped at 25 %, 20 %, 15 %, 10 % and 5 % of the
mentation of the recognition plan, the
value of the marketed production in the first, second,
contributions from the Union, the Member States
third, fourth and fifth year of implementation of their
and the producer groups and/or members of the
recognition plan respectively.
producer groups;
4. The
total
expenditure
for
the
Union
contribution
(ii) a breakdown between the aid referred to in,
towards aid as referred to in Article 103a of Regulation
respectively, Article 103a(1)(a) and (b) of Regu
(EC) No 1234/2007 shall not exceed EUR 10 000 000 per
lation (EC) No 1234/2007.’
calendar year.
On the basis of the notifications referred to in Article 38(4)
(10) In Article 98, paragraph 4 is replaced by the following:
the Commission shall set allocation coefficients and
establish the total available Union contribution per
‘4. The
notifications
referred
to
in
paragraph
3
shall
be
Member State per year on the basis of those coefficients.
made in accordance with models made available to the
If for any year the total amount resulting from the notifi
Member States by the Commission. Those models shall
cations referred to in Article 38(4) does not exceed the
not apply until the Management Committee for the
maximum amount of the Union contribution, the allo
Common Organisation of Agricultural Markets has been
cation coefficient shall be set at 100 %.
informed.’

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EN
5.4.2012 Official
Journal
of
the
European
Union L
99/25
(11) In Article 112, the following paragraphs 3a and 3b are
with third parties as regards the relevant investments
inserted:
referred to in Article 103a(1)(b) of Regulation (EC) No
1234/2007 prior to the date of entry into force of this
Regulation, or
‘3a. The
results
of
the
on-the-spot
checks
referred
to
in
paragraph 2 shall be evaluated to establish whether any
problems encountered are of a systemic character, pointing
(b) the recognition plan concerned covers only aid referred to
to the likelihood of irregularities in respect of similar
in Article 103a(1)(a) of Regulation (EC) No 1234/2007.
actions, beneficiaries or bodies. The evaluation shall also
identify the causes of such situations, any further exam
ination which may be required and the necessary
corrective and preventive action.
3. For recognition plans accepted before the date of entry
into force of this Regulation but in respect of which the
producer group concerned has not yet committed itself finan
If the checks reveal significant irregularities in a region or
cially or has not as yet entered into legally binding
part of a region or for a specific producer group, the
arrangements with third parties as regards the relevant
Member State shall carry out additional checks during
investments prior to the date of entry into force of this Regu
the year concerned and shall increase the percentage of
lation the following rules shall apply:
corresponding applications to be checked the following
year.
(a) by 1 July 2012 the competent authority of the Member
State shall notify the Commission of recognition plans to
3b. The
Member
State
shall
determine
which
producer
which this paragraph applies;
groups are to be subject to on-the-spot checks on the basis
of a risk analysis.
(b) when setting the allocation coefficients in accordance with
The risk analysis shall in particular take account of:
the second subparagraph of Article 47(4) of Implementing
Regulation (EU) No 543/2011 the Commission shall take
into account the notifications received pursuant to point (a)
(a) the amount of aid;
of this paragraph. The Union contribution towards the aid
referred to in Article 103a(1)(b) of Regulation (EC) No
1234/2007 shall be granted in accordance with those allo
(b) the findings of the checks in previous years;
cation coefficients;
(c) an element to ensure randomisation; and
(c) the allocation coefficients set in accordance with the second
subparagraph of Article 47(4) of Implementing Regulation
(EU) No 543/2011 shall not apply in respect of the aid
(d) other parameters to be determined by Member States.’
referred to in Article 103a(1)(a) of Regulation (EC) No
1234/2007;
(12) Annex Va, as set out in Annex I to this Regulation, is
inserted.
(d) once the allocation coefficients referred to in the second
subparagraph of Article 47(4) of Implementing Regulation
(13) Annex Vb, as set out in Annex II to this Regulation, is
(EU) No 543/2011 have been set, the competent authority
inserted.
of the Member State shall provide the producer groups to
which this paragraph applies with an opportunity to amend
or withdraw their recognition plan. In the case of with
Article 2
drawal, expenditure incurred by the producer group after
the initial acceptance of the plan in respect of its
Transitional provisions
formation and administration shall be reimbursed by the
1. Points
(2),
(3)(b),
and
(12)
of
Article
1
of
this
Regulation
Union up to an amount not exceeding 3 % of the aid
shall not apply to recognition plans which have been accepted
that the producer group would have been entitled to
before the date of entry into force of this Regulation.
under Article 103a(1)(a) of Regulation (EC) No
1234/2007 if their recognition plan had been implemented.
2. Point (6) of Article 1 of this Regulation, as regards
Article 47(3) and (4) of Implementing Regulation (EU) No
4. Point
(8)
of
Article
1
shall
not
apply
to
cases
where
the
543/2011, shall not apply to recognition plans which have
request for authorisation to pay national financial assistance has
been accepted before the date of entry into force of this Regu
been approved by the Commission in accordance with
lation and in respect of which either:
Article 92(2) of Implementing Regulation (EU) No 543/2011
prior to the date of entry into force of this Regulation, but
where the Commission has not yet decided on Union
(a) the producer group concerned has already committed itself
reimbursement of the national financial assistance in accordance
financially or has entered into legally binding arrangements
with Article 95 of Implementing Regulation (EU) No 543/2011.

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L 99/26
EN
Official Journal of the European Union
5.4.2012
Article 3
Entry into force
This Regulation shall enter into force on the day 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, 4 April 2012.
For the Commission
The President
José Manuel BARROSO

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EN
5.4.2012 Official
Journal
of
the
European
Union L
99/27
ANNEX I
‘ANNEX Va
INELIGIBLE INVESTMENTS REFERRED TO IN THE SECOND PARAGRAPH OF ARTICLE 37
1. Investments in means of transport to be used for marketing or distribution by the producer group, with the exception
of:
(a) investments in means of internal transport; at the moment of the purchase, the producer group 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.
2. 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 recognition plan;
3. Second hand equipment which has been purchased with Union or national aid within the seven previous years.
4. Hire, unless the competent authority of the Member State accepts hire as an economically justified alternative to
purchase.
5. Real estate purchase which has been purchased with Union or national aid within the 10 previous years.
6. Investments in shares.
7. Investments or similar types of actions outside the holdings and/or premises of the producer group or its members.’

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L 99/28
ANNEX II
‘ANNEX Vb
Templates for notification per producer group as referred to in Article 38(4)
EN

Off
icial
Jour
nal
of
the
European
Union
5.4.2012

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EN
5.4.2012 Official
Journal
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the
European
Union L
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Document Outline

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