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Commission Delegated Regulation (EU) 2017/891Show full title

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

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Changes over time for: Commission Delegated Regulation (EU) 2017/891 (Annexes only)

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Version Superseded: 01/01/2018

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ANNEX IU.K. Processed products referred to in Article 22(2)

CategoryCN codeDescription
Fruit juicesex 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 vegetablesex 0710Vegetables (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 0811Fruit 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 2004Other 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 vegetablesex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

  • fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

  • sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

  • yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of subheading 2001 90 40

  • palm hearts of subheading 2001 90 60

  • olives of subheading 2001 90 65

  • vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97.

ex 2002Tomatoes 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 2005Other 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:

  • peanut butter of subheading 2008 11 10

  • other nuts, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included, of subheading ex 2008 19

  • palm hearts of subheading 2008 91 00

  • maize of subheading 2008 99 85

  • yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91

  • vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99

  • mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98

  • bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99.

Canned mushrooms2003 10Mushrooms of the genus Agaricus prepared or preserved otherwise than by vinegar or acetic acid.
Fruits provisionally preserved in brineex 0812Fruit 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 vegetableProcessed 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 powderex 0904Pepper 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.

ANNEX IIU.K. List of actions and expenditure not eligible under operational programmes referred to in Article 31(1)

1.

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).

2.

Administrative and personnel costs with the exception of expenditure relating to the implementation of operational funds and operational programmes.

3.

Income or price supplements outside crisis prevention and management.

4.

Insurance costs outside the harvest insurance measures referred to in Section 7 of Chapter III of Title II.

5.

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.

6.

Purchase of land not built on costing more than 10 % of all the eligible expenditure on the operation concerned.

7.

Costs of meetings and training programmes not related to the operational programme.

8.

Operations or costs relating to the quantities produced by the members of the producer organisation outside the Union.

9.

Operations that could distort competition in the other economic activities of the producer organisation.

10.

Investments in means of transport to be used for marketing or distribution by the producer organisation.

11.

Operating costs of goods hired.

12.

Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs.

13.

Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this list.

14.

Value added tax (VAT) except where it is non-recoverable under national VAT legislation.

15.

Any national or regional taxes or fiscal levies.

16.

Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.

17.

Investments in shares or capital of companies if the investment represents a financial investment.

18.

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).

19.

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).

20.

Measures outsourced by the producer organisation outside the Union.

ANNEX IIIU.K. Non-exhaustive list of actions and expenditure eligible under operational programmes referred to in Article 31(1)

1.

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.

For each category of eligible specific costs referred to in the first paragraph, in order to calculate additional costs compared with conventional ones, Member States may fix, in a duly justified way, standard flat-rates or scales of unit costs.

2.

Administrative and personnel costs relating to the implementation of operational funds and operational programmes which shall include:

(a)

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 Union financial assistance 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.

Member States may restrict funding to the real costs, in which case they should define the eligible costs;

(b)

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 Member States' approval, by cooperatives which are a member of the producer organisation, resulting from measures:

(i)

to improve or maintain a high level of quality or environmental protection;

(ii)

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.

If a Member State wishes to provide an alternative to restricting funding to the real costs, for all the eligible personnel costs referred to in this point, it shall fix, ex ante and in a duly justified way, standard flat rates or scales of unit costs up to a maximum of 20 % of the approved operational fund. This percentage may be increased in duly justified cases.

When requesting those standard flat rates, producer organisations shall furnish proof of the implementation of the action to the satisfaction of the Member State;

(c)

legal and administrative costs of mergers of producer organisations, as well as legal and administrative costs related to creating transnational producer organisations or transnational associations of producer organisations; feasibility studies and proposals commissioned by producer organisations in this respect.

3.

Costs of meetings and training programmes where they are related to the operational programme, including daily allowances, transport and accommodation costs, where applicable, on a standard flat-rate or scales of unit costs basis.

4.

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:

(a)

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

(b)

in all cases where point (a) does not apply, these geographical names are secondary to the principal message.

Promotional material for generic promotion and promotion of quality labels shall bear the emblem of the European Union (in the case of visual media only) and include the following statement: ‘Campaign financed with the aid of the European Union’. Producer organisations, associations of producer organisations and subsidiaries in the situation referred to in Article 22(8) of this Regulation shall not use the emblem of the European Union in promotion of their brands/trademarks.

5.

Costs for transport, sorting and packing related to free distribution as referred to in Articles 16 and 17 of Implementing Regulation (EU) 2017/892.

6.

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.

7.

Purchase of equipment, including second hand equipment provided it has not been purchased with Union or national support in a period of seven years preceding the purchase.

8.

Investments in means of transport where the producer organisation duly justifies to the Member State concerned 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.

9.

Leasing, including of second hand equipment which has not received Union or national support in a period of seven years preceding the leasing, within the limits of the net market value of the item.

10.

Hire of equipment or other items where economically justified as an alternative to purchase, at the approval of the Member State.

11.

Investments in shares or capital of companies contributing directly to the achievement of the goals of the operational programme.

ANNEX IVU.K. Maximum amounts of support for market withdrawals as referred to in Article 45(1)

ProductMaximum support (EUR/100 kg)
Free distributionOther destinations
Cauliflowers21,0515,79
Tomatoes (1 June – 31 October)7,257,25
Tomatoes (1 November – 31 May)33,9625,48
Apples24,1618,11
Grapes53,5240,14
Apricots64,1848,14
Nectarines37,8228,37
Peaches37,3227,99
Pears33,9625,47
Aubergines31,223,41
Melons48,136,07
Watermelons9,767,31
Oranges21,0021,00
Mandarins25,8219,50
Clementines32,3824,28
Satsumas25,5619,50
Lemons29,9822,48

ANNEX VU.K. Information to be included in the annual report of Member States as referred to in Article 54(b)

All information shall relate to the year being reported on. It shall also include information on expenditure paid after the end of the year being reported on. It shall cover information on checks executed and administrative penalties applied in respect of that year including those executed or applied after that year. As regards the information that varies during the year the annual report should contain an overview of the variations of this information that occurred during the year reported on as well as the situation existing on 31 December of the year reported on.

PART A — INFORMATION FOR MARKET MANAGEMENTU.K.

1.Administrative informationU.K.

(a)

National legislation adopted in order to implement Articles 32 to 38, 152 to 160, 164 and 165 of Regulation (EU) No 1308/2013, including the national strategy for sustainable operational programmes applicable to operational programmes implemented in the year being reported on.

(b)

Information on producer organisations and associations of producer organisations and producer groups:

  • code number;

  • name and contact details;

  • date of recognition (preliminary recognition in case of producer groups);

  • all the legal entities or clearly defined parts of legal entities involved and all subsidiaries involved;

  • number of members (broken down between producers and non-producers) as well as changes in membership during the year;

  • area under fruit and vegetable production (total and broken down into main crops), product coverage and description of the final products sold (with the indication of their value and volume according to the main sources), and the main destinations of the products, by value (with details concerning the products marketed for the fresh market, the products sold for processing and the products that were withdrawn from the market);

  • changes in structures during the year, in particular: newly recognised or formed bodies, withdrawals and suspensions of recognitions and mergers with dates of these events.

(c)

Information on interbranch organisations:

  • name of the organisation and contact details;

  • date of recognition;

  • product coverage;

  • changes during the year.

2.Information related to expendituresU.K.

(a)

Producer organisations. Financial data per beneficiary (producer organisation or association of producer organisations):

  • operational fund: total amount, financial assistance from the Union, from the Member State (national assistance), contributions from the producer organisation and the members;

  • description of the level of Union financial assistance under Article 34 of Regulation (EU) No 1308/2013;

  • financial data of the operational programme, broken down between producer organisations and associations of producer organisations;

  • value of marketed production: total and broken down into the different legal entities composing the producer organisation or association of producer organisations;

  • expenditure on the operational programme, broken down by measures and types of action selected as eligible for support;

  • information on the volume of products withdrawn broken down by products and by months and between total volumes withdrawn from the market and volumes disposed of by way of free distribution, expressed in tonnes;

  • list of the approved bodies for the purposes of Article 34(4) of Regulation (EU) No 1308/2013.

(b)

For producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007. Financial data per beneficiary:

  • total amount, aid from the Union, from the Member State and contributions from the producer group and members;

  • aid from the Member State, showing sub-totals for producer groups in the first, second, third, fourth and fifth years of the transition period;

  • expenditure on investments required to attain recognition under Article 103a(1)(b) of Regulation (EC) No 1234/2007 with breakdown into aid from the Union and the Member State and producer group contribution;

  • value of marketed production, with sub-totals for produce groups in the first, second, third, fourth and fifth years of the transition period.

(c)

For producer organisations and producer groups referred to in Article 27 of Regulation (EU) No 1305/2013:

  • value and volume of marketed production and number of members.

3.Information on the implementation of the national strategy:U.K.

  • summary description of progress made in the implementation of the operational programmes, broken down between each type of measure as referred to in Article 2(1)(f). The description shall be based on financial and common output and result indicators and summarise the information provided in the annual progress reports transmitted by the producer organisations concerning the operational programmes;

  • a summary of the results of the evaluations of the operational programmes, as transmitted by the producer organisations including the qualitative assessments of the results and impact of environmental actions;

  • a summary of the major problems encountered in the implementation of the national strategy and its management and any measure taken including an indication of whether the national strategy has been updated and the reason for the updating. A copy of the updated strategy shall be annexed to the annual report.

PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTSU.K.

Information on checks and administrative penalties:

  • checks carried out by the Member State: details of bodies visited and dates of visiting;

  • checking rates;

  • results of checks;

  • administrative penalties applied.

ANNEX VIU.K. Price notification referred to in Article 55(1)

ProductType/varietyPresentation/sizeRepresentative Markets
TomatoesRoundSize 57-100 mm, in bulk in packages of around 5-6 kg

Belgium

Greece

Spain

France

Italy

Hungary

The Netherlands

Poland

Portugal

Romania

Trussesin bulk in packages of around 3-6 kg
CherryTrays of around 250-500 g
ApricotsAll types and varieties

Size 45-50 mm

Trays or packages of around 6-10 kg

Bulgaria

Greece

Spain

France

Italy

Hungary

NectarinesWhite 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

PeachesWhite 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 grapesAll types and varieties with seedsTrays or packages of 1 kg

Greece

Spain

France

Italy

Hungary

Portugal

Trays or packages of 1 kg
All type and varieties seedless
PearsBlanquillaSize 55/60, packages of around 5-10 kg

Belgium

Greece

Spain

France

Italy

Hungary

The Netherlands

Poland

Portugal

ConferenceSize 60/65+, packages of around 5-10 kg
WilliamsSize 65+/75+, packages of around 5-10 kg
Rocha
Abbé FételSize 70/75, packages of around 5-10 kg
Kaiser
Doyenné du ComiceSize 75/90, packages of around 5-10 kg
ApplesGolden deliciousSize 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
GalaSize 70/80, packages of around 5-20 kg

France

Italy

Hungary

The Netherlands

Poland

Portugal

Romania

Elstar
Cox orange
SatsumasAll varietiesSizes 1-X -3, packages of around 10-20 kgSpain
LemonsAll varietiesSizes 3-4, packages of around 10-20 kg

Greece

Spain

Italy

ClementinesAll varietiesSizes 1-X -3, packages of around 10-20 kg

Greece

Spain

Italy

MandarinsAll varietiesSizes 1 – 2, packages of around 10-20 kg

Greece

Spain

Italy

Portugal

OrangesSalustianaSize 3-6, kg packages of around 10-20 kg

Greece

Spain

Italy

Portugal

Navelinas
Navelate
Lanelate
Valencia late
Tarocco
Navel
CourgettesAll varietiesSize 14-21, loose in the package

Greece

Spain

France

Italy

The Netherlands

CherriesAll sweet varietiesSizes 22 and over, loose in the package

Bulgaria

Czech Republic

Germany

Greece

Spain

France

Italy

Hungary

Poland

Portugal

Romania

CucumbersSmooth varietiesSizes 350-500 g, arranged in the package

Bulgaria

Greece

Spain

France

Italy

Hungary

The Netherlands

Poland

GarlicWhiteSize 50-60 mm, packages of around 2-5 kg

Greece

Spain

France

Italy

Hungary

VioletSize 45-55 mm, packages of around 2-5 kg
SpringSize 50-60 mm, packages of around 2-5 kg
PlumsAll types and varietiesSize 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 peppersAll types and varietiesSize 70 mm and over

Bulgaria

Greece

Spain

Italy

Hungary

The Netherlands

Portugal

Size 50 mm and over
Size 40 mm and over
LettucesAll types and varietiesSize 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
StrawberriesAll varietiesPackages of 250/500 g

Belgium

Germany

Spain

France

Italy

The Netherlands

Poland

Portugal

United Kingdom

Cultivated mushroomsClosedMedium sized (30-65 mm)

Ireland

Spain

France

Hungary

The Netherlands

Poland

United Kingdom

KiwisHaywardSizes 105-125 g, packages of around 3-10 kg

Greece

France

Italy

Portugal

CauliflowersAll types and varietiesSize 16-20 mm

Germany

Spain

France

Italy

Poland

AsparagusAll types and varietiesSize 10-16/16+

Germany

Spain

France

The Netherlands

Poland

Eggplants (aubergines)All types and varietiesSize 40+/70+

Spain

Italy

Romania

CarrotsAll types and varietiesusual standards in the representative market

Germany

Spain

France

Italy

The Netherlands

Poland

United Kingdom

OnionsAll types and varietiesSize 40-80

Germany

Spain

France

Italy

The Netherlands

Poland

United Kingdom

BeansAll types and varietiesusual standards in the representative market

Belgium

Greece

Spain

France

Italy

Poland

LeeksAll types and varietiesusual standards in the representative market

Belgium

Germany

Spain

France

The Netherlands

Poland

Water melonsAll types and varietiesusual standards in the representative market

Greece

Spain

Italy

Hungary

Romania

MelonsAll types and varietiesusual standards in the representative market

Greece

Spain

France

Italy

CabbagesAll types and varietiesusual standards in the representative market

Germany

Greece

Spain

France

Poland

Romania

United Kingdom

ANNEX VIIU.K. List of products for the purposes of the entry price system set out in Title III

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

PART AU.K.

CN codeDescriptionPeriod of application
ex 0702 00 00TomatoesFrom 1 January to 31 December
ex 0707 00 05Cucumbers (1)From 1 January to 31 December
ex 0709 90 80ArtichokesFrom 1 November to 30 June
0709 90 70CourgettesFrom 1 January to 31 December
ex 0805 10 20Sweet oranges, freshFrom 1 December to 31 May
ex 0805 20 10ClementinesFrom 1 November to end of February
ex 0805 20 30ex 0805 20 50ex 0805 20 70ex 0805 20 90Mandarins (including tangerines and satsumas); wilking and similar citrus hybridsFrom 1 November to end of February
ex 0805 50 10Lemons (Citrus limon, Citrus limonum)From 1 June to 31 May
ex 0806 10 10Table grapesFrom 21 July to 20 November
ex 0808 10 80ApplesFrom 1 July to 30 June
ex 0808 20 50PearsFrom 1 July to 30 April
ex 0809 10 00ApricotsFrom 1 June to 31 July
ex 0809 20 95Cherries, other than sour cherriesFrom 21 May to 10 August
ex 0809 30 10ex 0809 30 90Peaches, including nectarinesFrom 11 June to 30 September
ex 0809 40 05PlumsFrom 11 June to 30 September

PART BU.K.

CN codeDescriptionPeriod of application
ex 0707 00 05Cucumbers intended for processingFrom 1 May to 31 October
ex 0809 20 05Sour cherries (Prunus cerasus)From 21 May to 10 August
(1)

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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