- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/12/2020)
- Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE)
Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Mae unrhyw newidiadau sydd wedi cael eu gwneud yn barod gan y tîm yn ymddangos yn y cynnwys a chyfeirir atynt gydag anodiadau.Ar ôl y diwrnod ymadael bydd tair fersiwn o’r ddeddfwriaeth yma i’w gwirio at ddibenion gwahanol. Y fersiwn legislation.gov.uk yw’r fersiwn sy’n weithredol yn y Deyrnas Unedig. Y Fersiwn UE sydd ar EUR-lex ar hyn o bryd yw’r fersiwn sy’n weithredol yn yr UE h.y. efallai y bydd arnoch angen y fersiwn hon os byddwch yn gweithredu busnes yn yr UE. EUR-Lex Y fersiwn yn yr archif ar y we yw’r fersiwn swyddogol o’r ddeddfwriaeth fel yr oedd ar y diwrnod ymadael cyn cael ei chyhoeddi ar legislation.gov.uk ac unrhyw newidiadau ac effeithiau a weithredwyd yn y Deyrnas Unedig wedyn. Mae’r archif ar y we hefyd yn cynnwys cyfraith achos a ffurfiau mewn ieithoedd eraill o EUR-Lex. The EU Exit Web Archive legislation_originated_from_EU_p3
Version Superseded: 25/06/2021
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the Commission Delegated Regulation (EU) 2017/891.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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 concentrate | ex 2002 90 31 ex 2002 90 91 | Tomato concentrate with a dry weight content of not less than 28 % in immediate packings of a net content of not less than 200 kg. |
Frozen fruit and vegetables | ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, 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 vegetables | ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:
|
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:
| |
Canned mushrooms | 2003 10 | Mushrooms of the genus Agaricus prepared or preserved otherwise than by vinegar or acetic acid. |
Fruits provisionally preserved in brine | ex 0812 | Fruit and nuts, provisionally preserved in brine, but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98. |
Dried fruits | ex 0813 0804 20 90 0806 20 ex 2008 19 | Fruit, dried, other than that of headings 0801 to 0806. Dried figs. Dried grapes. 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 fruit and vegetable | Processed fruit and vegetables listed in Part X of Annex I of Regulation (EU) No 1308/2013, different from the products listed in the categories above. | |
Processed aromatic herbs | ex 0910 ex 1211 | Dried thyme. 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. |
General production costs and, in particular, costs for (even certified) mycelium, seeds and non-perennial plants; plant protection products (including integrated control materials); fertilisers and other inputs; costs of collection or transport (internal or external); storage costs; packaging costs (including use and management of packaging), even as part of new processes; operating costs (in particular electricity, fuel and maintenance).
Administrative and personnel costs with the exception of expenditure relating to the implementation of operational funds and operational programmes.
Income or price supplements outside crisis prevention and management.
Insurance costs outside the harvest insurance measures referred to in Section 7 of Chapter III of Title II.
Reimbursement of loans taken out for an operation carried out before the beginning of the operational programme other than those referred to in Article 38.
Purchase of land not built on costing more than 10 % of all the eligible expenditure on the operation concerned.
Costs of meetings and training programmes not related to the operational programme.
Operations or costs relating to the quantities produced by the members of the producer organisation outside the [F1United Kingdom].
Operations that could distort competition in the other economic activities of the producer organisation.
Investments in means of transport to be used for marketing or distribution by the producer organisation.
Operating costs of goods hired.
Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs.
Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this list.
Value added tax (VAT) except where it is non-recoverable under [F2applicable] VAT legislation.
Any F3... taxes or fiscal levies.
Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.
Investments in shares or capital of companies if the investment represents a financial investment.
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 22(8).
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 22(8).
[F4Measures outsourced by the producer organisation or their associations outside the [F5 United Kingdom], except where a promotion is implemented outside the [F5 United Kingdom] according to Article 14 of Implementing Regulation (EU) 2017/892.]
[F6Export credit linked to actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, whether for prevention or during a crisis period.]
Textual Amendments
F1Words in Annex 2 point 8 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(28)(a)
F2Word in Annex 2 point 14 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(44)(a)
F3Words in Annex 2 point 15 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(44)(b)
F4Substituted by Commission Delegated Regulation (EU) 2018/1145 of 7 June 2018 amending Delegated Regulation (EU) 2017/891 as regards producer organisations in the fruit and vegetables sector.
F5Words in Annex 2 point 20 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(28)(b)
Specific costs for:
quality improvement measures;
biological plant protection materials (such as pheromones and predators) whether used in organic, integrated or conventional production;
environmental actions referred to in Article 33(5) of Regulation (EU) No 1308/2013;
organic, integrated or experimental production, including specific costs for organic seeds and seedlings;
monitoring of compliance with the standards referred to in Title II of Implementing Regulation (EU) No 543/2011, 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, and income foregone resulting from an action excluding additional income and costs savings.
F7...
Administrative and personnel costs relating to the implementation of operational funds and operational programmes which shall include:
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 33 and up to a maximum of EUR 180 000, comprising both the [F8financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013] 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.
[F9Nothing in this Regulation prevents the appropriate authority from restricting] funding to the real costs, in which case [F10it] should define the eligible costs;
personnel costs including legally compulsory charges linked to wages and salaries, if these are directly borne by the producer organisation, association of producer organisation or subsidiaries in the situation referred to in Article 22(8) subject to [F11approval by the appropriate authority], by cooperatives which are a member of the producer organisation, resulting from measures:
to improve or maintain a high level of quality or environmental protection;
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.
F12...
F12...
legal and administrative costs of mergers of producer organisations F13...; feasibility studies and proposals commissioned by producer organisations in this respect.
Costs of meetings and training programmes where they are related to the operational programme, including daily allowances, transport and accommodation costs F14....
Promotion of:
brands/trademarks of producer organisation, associations of producer organisations and subsidiaries in the situation referred to in Article 22(8),
generic promotion and promotion of quality labels,
costs for promotional printing on packaging or on labels under any of the first and second indents on the condition that it is provided for in the operational programme.
Geographical names are allowed only if:
they are a protected designation of origin or a protected geographical indication, covered by Regulation (EU) No 1151/2012 of the European Parliament and of the Council(1); or
in all cases where point (a) does not apply, these geographical names are secondary to the principal message.
F15...
F16...
Purchase of land not built on where purchase is necessary to carry out an investment included in the operational programme provided it costs less than 10 % of all the eligible expenditure on the operation concerned; in exceptional and duly justified cases, a higher percentage can be fixed for operations concerning environmental conservation.
Purchase of equipment, including second hand equipment provided it has not been purchased with [F17support from European Union or public funds] in a period of seven years preceding the purchase.
Investments in means of transport where the producer organisation duly justifies to the [F18appropriate authority] that the means of transport shall only be used for transport internal to the producer organisation; and investments in additional on-the-truck facilities for cold-storage or controlled atmosphere transport.
Leasing, including of second hand equipment which has not received [F19support from European Union or public funds] in a period of seven years preceding the leasing, within the limits of the net market value of the item.
Hire of equipment or other items where economically justified as an alternative to purchase, at the approval of the [F20appropriate authority].
Investments in shares or capital of companies contributing directly to the achievement of the goals of the operational programme.
F21...
Costs related to the negotiation and to implementation and management of third country phytosanitary protocols in the [F22United Kingdom] if borne by the producer organisation or association of producer organisations as a part of crisis prevention and management measures referred to in Article 33(3) F23... (c) of Regulation (EU) No 1308/2013, except for reimbursement of third country expenses.
Costs related to promotion and communication measures referred to in Article 14 of Implementing Regulation (EU) 2017/892. Eligible costs under these measures shall be costs related to the organisation and participation in promotion and information events, including public relations work, promotion and information campaigns and may take the form of participation in events, fairs and exhibitions of national F24... and international importance. Costs related to technical advisory services are eligible if they are necessary for the organisation or participation of these events or for promotion and information campaigns.
Textual Amendments
F7Words in Annex 3 point 1 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(a)
F8Words in Annex 3 point 2(a) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(b)(i)
F9Words in Annex 3 point 2(a) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(b)(ii)(aa)
F10Word in Annex 3 point 2(a) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(b)(ii)(bb)
F11Words in Annex 3 point 2(b) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(c)(i)
F12Words in Annex 3 point 2(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(c)(ii)
F13Words in Annex 3 point 2(c) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(29)(a), 7(a)
F14Words in Annex 3 point 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(d)
F15Words in Annex 3 point 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(e)
F16Annex 3 point 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(f)
F17Words in Annex 3 point 7 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(g)
F18Words in Annex 3 point 8 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(h)
F19Words in Annex 3 point 9 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(i)
F20Words in Annex 3 point 10 substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(j)
F21Annex 3 point 12 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(k)
F22Words in Annex 3 point 13 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(29)(b)(i), 7(a)
F23Words in Annex 3 point 13 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(29)(b)(ii)
F24Word in Annex 3 point 14 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(45)(l)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25Annex 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(46)
Textual Amendments
F26Words in Annex 5 heading omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(47)
All information shall relate to the calendar year being reported on. It shall cover information on checks executed and administrative penalties applied in respect of that. As regards the information that varies during the year the annual report should reflect the state of play on 31 December of the year reported on.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F27Annex 5 Pt. A point 1 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(a)
total number of recognised/suspended producer organisations [F28and associations] of producer organisations F29...F30.... In addition:
for associations of producer organisations: number of producer organisations members;
F31...
total number of producer organisations [F28and associations] of producer organisations F29...F30... for which recognition was withdrawn. F32...
total number of mergers between organisations (broken down between total, number of new organisation(s) and new ID number(s));
number of members (total and broken down between legal entities, natural persons and fruit and vegetables producers);
total number of organisations F33... with an operational programme F34... (broken down between recognised, suspended and subject to a merger);
part of the production of products intended for the fresh market (with the indication of their value and volume);
part of the production of products intended for processing (with the indication of their value and volume);
area under fruit and vegetable production.
Textual Amendments
F31Annex 5 Pt. A point 2(a)(ii) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(b)(ii)
F32Words in Annex 5 Pt. A point 2(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(b)(iii)
F33Word in Annex 5 Pt. A point 2(e) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(b)(ii)(aa)
F34Words in Annex 5 Pt. A point 2(e) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(b)(ii)(bb)
Textual Amendments
F28Words in Annex 5 Pt. A substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(a)
F29Words in Annex 5 Pt. A point 2 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(b)(i)
F30Words in Annex 5 Pt. A point 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(b)(i)
expenditures related to producer organisations [F28and associations] of producer organisations F35... (broken down between operational fund, final operational fund and F36... financial assistance [F37referred to in Articles 32(1)(b), 34 and 35 of Regulation (EU) No 1308/2013]);
total actual expenditures of operational programmes for producer organisations [F28and associations] of producer organisations F35... (broken down between actions and measures linked to their objectives);
F38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F35Words in Annex 5 Pt. A point 3 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(c)
F36Word in Annex 5 Pt. A point 3(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(c)(i)(aa)
F37Words in Annex 5 Pt. A point 3(a) inserted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(c)(i)(bb)
F38Annex 5 Pt. A point 3(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(c)(ii)
F39Annex 5 Pt. A point 3(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(c)(ii)
Textual Amendments
F41Words in Annex 5 Pt. A point 4 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(30)(c)
F42Annex 5 Pt. A point 4(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(d)(ii)
Textual Amendments
F40Words in Annex 5 Pt. A point 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(48)(d)(i)
Information on checks and administrative penalties:
checks carried out by the [F43appropriate authority]: details of bodies visited and dates of visiting;
checking rates;
results of checks;
administrative penalties applied.]
Textual Amendments
F43Words in Annex 5 Pt. B point (a) substituted (31.12.2020 immediately before IP completion day) by The Agriculture (Payments) (Amendment, etc.) (EU Exit) Regulations 2020 (S.I. 2020/1445), regs. 1(2)(b), 21(49)
Product | Type/variety | Presentation/size | Representative Markets |
---|---|---|---|
Tomatoes | Round | Size 57-100 mm, in bulk in packages of around 5-6 kg | Belgium Greece Spain France Italy Hungary The Netherlands Poland Portugal Romania |
Trusses | in bulk in packages of around 3-6 kg | ||
Cherry | Trays of around 250-500 g | ||
Apricots | All types and varieties | Size 45-50 mm Trays or packages of around 6-10 kg | Bulgaria Greece Spain France Italy Hungary |
Nectarines | White flesh | Size A/B Trays or packages of around 6-10 kg | Greece Spain France Italy |
Yellow flesh | Size A/B Trays or packages of around 6-10 kg | ||
Peaches | White flesh | Size A/B Trays or packages of around 6-10 kg | Greece Spain France Italy Hungary Portugal |
Yellow flesh | Size A/B Trays or packages of around 6-10 kg | ||
Table grapes | All types and varieties with seeds | Trays or packages of 1 kg | Greece Spain France Italy Hungary Portugal |
Trays or packages of 1 kg | |||
All type and varieties seedless | |||
Pears | Blanquilla | Size 55/60, packages of around 5-10 kg | Belgium Greece Spain France Italy Hungary The Netherlands Poland Portugal |
Conference | Size 60/65+, packages of around 5-10 kg | ||
Williams | Size 65+/75+, packages of around 5-10 kg | ||
Rocha | |||
Abbé Fétel | Size 70/75, packages of around 5-10 kg | ||
Kaiser | |||
Doyenné du Comice | Size 75/90, packages of around 5-10 kg | ||
Apples | Golden delicious | Size 70/80, packages of around 5-20 kg | Belgium Czech Republic Germany Greece Spain France Austria |
Braeburn | |||
Jonagold (or Jonagored) | |||
Idared | |||
Fuji | |||
Shampion | |||
Granny smith | |||
Red delicious and other red varieties | |||
Boskoop | |||
Gala | Size 70/80, packages of around 5-20 kg | France Italy Hungary The Netherlands Poland Portugal Romania | |
Elstar | |||
Cox orange | |||
Satsumas | All varieties | Sizes 1-X -3, packages of around 10-20 kg | Spain |
Lemons | All varieties | Sizes 3-4, packages of around 10-20 kg | Greece Spain Italy |
Clementines | All varieties | Sizes 1-X -3, packages of around 10-20 kg | Greece Spain Italy |
Mandarins | All varieties | Sizes 1 – 2, packages of around 10-20 kg | Greece Spain Italy Portugal |
Oranges | Salustiana | Size 3-6, kg packages of around 10-20 kg | Greece Spain Italy Portugal |
Navelinas | |||
Navelate | |||
Lanelate | |||
Valencia late | |||
Tarocco | |||
Navel | |||
Courgettes | All varieties | Size 14-21, loose in the package | Greece Spain France Italy The Netherlands |
Cherries | All sweet varieties | Sizes 22 and over, loose in the package | Bulgaria Czech Republic Germany Greece Spain France Italy Hungary Poland Portugal Romania |
Cucumbers | Smooth varieties | Sizes 350-500 g, arranged in the package | Bulgaria Greece Spain France Italy Hungary The Netherlands Poland |
Garlic | White | Size 50-60 mm, packages of around 2-5 kg | Greece Spain France Italy Hungary |
Violet | Size 45-55 mm, packages of around 2-5 kg | ||
Spring | Size 50-60 mm, packages of around 2-5 kg | ||
Plums | All types and varieties | Size 35 mm and over | Bulgaria Germany Spain France Italy Hungary Poland Romania |
Size 35 mm and over | |||
Size 40 mm and over | |||
Size 40 mm and over | |||
Sweet peppers | All types and varieties | Size 70 mm and over | Bulgaria Greece Spain Italy Hungary The Netherlands Portugal |
Size 50 mm and over | |||
Size 40 mm and over | |||
Lettuces | All types and varieties | Size 400 g and over, packages of 8 – 12 | Germany Greece Spain France Italy The Netherlands Portugal United Kingdom |
Size 400 g and over, packages of 8 – 12 | |||
Strawberries | All varieties | Packages of 250/500 g | Belgium Germany Spain France Italy The Netherlands Poland Portugal United Kingdom |
Cultivated mushrooms | Closed | Medium sized (30-65 mm) | Ireland Spain France Hungary The Netherlands Poland United Kingdom |
Kiwis | Hayward | Sizes 105-125 g, packages of around 3-10 kg | Greece France Italy Portugal |
Cauliflowers | All types and varieties | Size 16-20 mm | Germany Spain France Italy Poland |
Asparagus | All types and varieties | Size 10-16/16+ | Germany Spain France The Netherlands Poland |
Eggplants (aubergines) | All types and varieties | Size 40+/70+ | Spain Italy Romania |
Carrots | All types and varieties | usual standards in the representative market | Germany Spain France Italy The Netherlands Poland United Kingdom |
Onions | All types and varieties | Size 40-80 | Germany Spain France Italy The Netherlands Poland United Kingdom |
Beans | All types and varieties | usual standards in the representative market | Belgium Greece Spain France Italy Poland |
Leeks | All types and varieties | usual standards in the representative market | Belgium Germany Spain France The Netherlands Poland |
Water melons | All types and varieties | usual standards in the representative market | Greece Spain Italy Hungary Romania |
Melons | All types and varieties | usual standards in the representative market | Greece Spain France Italy |
Cabbages | All types and varieties | usual standards in the representative market | Germany Greece Spain France Poland Romania United Kingdom |
Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the arrangements provided for in the Title III is determined by the scope of the CN codes as they exist at the time of adoption 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
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 30ex 0805 20 50ex 0805 20 70ex 0805 20 90 | Mandarins (including tangerines and satsumas); wilking and similar citrus hybrids | From 1 November to end of February |
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 10ex 0809 30 90 | Peaches, including nectarines | From 11 June to 30 September |
ex 0809 40 05 | Plums | From 11 June to 30 September |
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 |
Textual Amendments
In this Annex:
‘voting right’ means a right to vote in relation to a relevant decision;
‘relevant decision’ means any decision affecting the producer organisation or association of producer organisations (as the case may be) and its members (in their capacity as such), including the election of the producer organisation's or association of producer organisations' (as the case may be) directors or board members.
A producer organisation must provide in its members' agreements and statutes for each producer member to have one voting right.
By way of derogation from point 1, a producer organisation that has more than ten members may, with the agreement of the Secretary of State, provide for individual producer members to exercise up to 10% each of the voting rights. The remaining voting rights (other than voting rights held by non-producer members, insofar as permitted by the Secretary of State and the producer organisation) must be shared between the remaining producer members. A producer organisation that implements this option must adopt measures to prevent abuses of power by its members.
A producer organisation may provide in its members' agreements and statutes for non-producer members to have voting rights, provided that:
a non-producer member must not be permitted to hold more than one voting right;
the total share of the voting rights exercisable by non-producer members must be:
in relation to decisions concerning an operational programme that was being implemented by an ex-transnational producer organisation immediately before IP completion day, less than a majority of the total number of voting rights exercisable in respect of such decisions;
in relation to any other relevant decisions, no more than 20%.
A natural or legal person must not hold more than:
20% of the total number of shares or amount of capital in a producer organisation directly; or
49% of the total number of shares or amount of capital in a producer organisation in total, directly or indirectly.
For the purpose of point 5, a person holds a share or capital “indirectly” if the person has a majority stake in another person and that other person:
holds the share or capital in question; or
is part of a chain of persons:
each of whom (other than the last) has a majority stake in the person immediately below it in the chain; and
the last of whom holds the share or capital.
An association of producer organisations must provide in its members' agreements and statutes for each member that is a producer organisation to have one voting right.
An association of producer organisations may provide in its members' agreements and statutes for producer members that are not producer organisations to have voting rights, provided that:
such members must not be permitted to hold more than one voting right each;
the total share of the voting rights exercisable by such members must be less than a majority of the total number of voting rights exercisable in respect of each relevant decision.]
Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
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