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EN
Official Journal of the European Union
28.1.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 72/2012
of 27 January 2012
amending and derogating from 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) Implementing
Regulation
(EU)
No
543/2011
should
therefore be amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(5) The
first
subparagraph
of
Article
92(1)
of
Implementing
Regulation (EU) No 543/2011 provides that requests to
the Commission for the authorisation to grant national
Having regard to Council Regulation (EC) No 1234/2007 of
financial assistance for operational programmes to be
22 October 2007 establishing a common organisation of agri
implemented in any given calendar year are to be
cultural markets and on specific provisions for certain agri
submitted by 31 January of that year. In order to allow
cultural products (Single CMO Regulation) ( 1 ), and in particular
the amended Article 91 of Implementing Regulation (EU)
Article 103h(b) in conjunction with Article 4 thereof,
No 543/2011 to be applied in 2012, it is appropriate to
provide for a derogation from the deadline provided for
in the first subparagraph of Article 92(1) of that Imple
Whereas:
menting Regulation. Furthermore, a correction of
requests sent before the entry into force of this Regu
lation should be provided for.
(1) Regulation
(EC)
No
1234/2007
establishes
a
common
organisation of agricultural markets which includes the
fruit and vegetables and processed fruit and vegetables
(6)
In order to ensure that requests for authorisation to grant
sectors. Article 103e(1) of Regulation (EC) No
national financial assistance for operational programmes
1234/2007 provides that in regions of the Member
to be implemented in 2012 can be submitted in
States where the degree of organisation of producers in
accordance with the new rules, this Regulation should
the fruit and vegetable sector is particularly low, Member
enter into force on the day following that of its
States may be authorised by the Commission, on a duly
publication. However, Article 95(1) of Implementing
substantiated request, to pay producer organisations
Regulation (EU) No 543/2011 also requires a request
national financial assistance equal to a maximum of
for Union reimbursement to be accompanied by
80% of the financial contributions referred to in
evidence showing the degree of organisation of
Article 103b(1)(a) of that Regulation.
producers in the region concerned. This Regulation
should therefore be without prejudice to requests for
Union reimbursement in accordance with Article 95(1)
(2) Article
91(1)
of
Commission
Implementing
Regulation
of Implementing Regulation (EU) No 543/2011 of
(EU) No 543/2011 ( 2 ) provides that for the purposes of
national financial assistance authorised by the
Article 103e(1) of Regulation (EC) No 1234/2007, the
Commission before the date of entry into force of this
degree of organisation of producers in a region of a
Regulation.
Member State is to be calculated as the value of fruit
and vegetable production that was obtained in the
region and marketed by producer organisations, associ
(7) The
measures
provided
for
in
this
Regulation
are
in
ations of producer organisations and producer groups
accordance with the opinion of the Management
divided by the total value of the fruit and vegetable
Committee for the Common Organisation of Agricultural
production that was obtained in that region. In order
Markets,
to ensure the correct use of the national assistance, it
is appropriate to clarify the rules on the calculation of
HAS ADOPTED THIS REGULATION:
the degree of organisation.
Article 1
(3) Pursuant
to
the
second
subparagraph
of
Article
91(2)
of
Implementing Regulation (EU) No 543/2011 a region is
Amendment of Implementing Regulation (EU) No
to be considered as a distinct part of the territory of a
543/2011
Member State, as a result of its administrative,
Article 91 of Implementing Regulation (EU) No 543/2011 is
geographical or economic characteristics. For the
replaced by the following:
purposes of consistency and verifiability, it is appropriate
to clarify the definition of a region and to lay down a
minimum period of time during which changes to the
"Article 91
definition of a region are not allowed, unless objectively
Degree of organisation of producers and definition of a
justified.
region
( 1 ) OJ L 299, 16.11.2007, p. 1
1. For the purposes of Article 103e(1) of Regulation (EC)
( 2 ) OJ L 157, 15.6.2011, p. 1.
No 1234/2007, the degree of organisation of producers in a

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EN
28.1.2012 Official
Journal
of
the
European
Union L
26/27
region of a Member State shall be calculated as the value of
The regions defined by a Member State for the purposes of
fruit and vegetable production that was obtained in the
this Chapter shall not be altered for at least 5 years unless
region concerned and marketed by producer organisations,
such alteration is objectively justified by substantive reasons
associations of producer organisations and producer groups,
unconnected with the calculation of the degree of organ
divided by the total value of the fruit and vegetable
isation of producers in the region or regions concerned.
production that was obtained in that region.
The value of fruit and vegetable production that was obtained
___________
in the region concerned and marketed by producer organ
(*) OJ L 33, 5.2.2004, p. 1."
isations, associations of producer organisations and producer
groups referred to in the first subparagraph shall only include
the products for which those producer organisations, associ
ations of producer organisations and producer groups are
Article 2
recognised. Articles 42 and 50 shall apply mutatis mutandis.
Only the production of producer organisations, associations
Derogation from Article 92(1) of Implementing Regulation
of producer organisations, producer groups and their
(EU) No 543/2011
members obtained in the region concerned which has been
By way of derogation from the first subparagraph of
marketed by producer organisations, associations of producer
Article 92(1) of Implementing Regulation (EU) No 543/2011,
organisations and producer groups shall be included in the
Member States shall submit their request for authorisation to
calculation of that value.
grant national financial assistance pursuant to Article 103e(1) of
Regulation (EC) No 1234/2007 for operational programmes to
For the calculation of the total value of the fruit and
be implemented in 2012 by 29 February 2012.
vegetable production that was obtained in that region, the
methodology set out in Annex I to Regulation (EC) No
138/2004 of the European Parliament and of the Council (*)
Member States shall identify the regions, including their
shall apply mutatis mutandis.
geographic delimitation as provided for in Article 91(4) of
Implementing Regulation (EU) No 543/2011 as amended by
this Regulation, in their first request for authorisation
2.
The degree of organisation of producers in a region of a
submitted after the date of entry into force of this Regulation.
Member State shall be considered as particularly low where
Where appropriate, Member States shall correct requests for
the average of the degrees, calculated as provided for in
authorisation for 2012 sent to the Commission before the
paragraph 1 for the last three years for which the data are
date of entry into force of this Regulation by 29 February 2012.
available, is less than 20 %.
3. Only
fruit
and
vegetable
production
generated
in
the
Article 3
region referred to in this Article may benefit from national
financial assistance.
Entry into force
This Regulation shall enter into force on the day following that
4. For
the
purposes
of
this
Chapter,
Member
States
shall of its publication in the Official Journal of the European Union.
define the regions as a distinct part of their territory in
accordance with objective and non-discriminatory criteria
such as their agronomic and economic characteristics and
It shall be without prejudice to requests for Union
their regional agricultural/fruit and vegetable potential, or
reimbursement in accordance with Article 95(1) of Imple
their institutional or administrative structure and for which
menting Regulation (EU) No 543/2011 of national financial
data are available in order to calculate the degree of organ
assistance authorised by the Commission before the date of
isation in accordance with paragraph 1.
entry into force of this Regulation.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 January 2012.
For the Commission
The President
José Manuel BARROSO

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