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

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

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: 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 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: 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 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.

ANNEX II U.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.

[F1 Measures outsourced by the producer organisation or their associations outside the Union, except where a promotion is implemented outside the Union according to Article 14 of Implementing Regulation (EU) 2017/892.]

21.

[F2 Export 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

F1 Substituted 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.

F2 Inserted 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.

ANNEX III U.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.

12.

[F2 Costs related to coaching as part of the crisis prevention and management measures of the operational programme.

Eligible costs under this measure shall be:

(a)

costs of organising and delivering coaching; and

(b)

costs of travel, accommodation and per diem expenses of coaching provider.

13.

Costs related to the negotiation and to implementation and management of third country phytosanitary protocols in the territory of the Union 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)(a) and (c) of Regulation (EU) No 1308/2013, except for reimbursement of third country expenses.

14.

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, European 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.]

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

Product	Maximum support (EUR/100 kg)
	Free distribution	Other destinations
Cauliflowers	21,05	15,79
Tomatoes (1 June – 31 October)	7,25	7,25
Tomatoes (1 November – 31 May)	33,96	25,48
Apples	24,16	18,11
Grapes	53,52	40,14
Apricots	64,18	48,14
Nectarines	37,82	28,37
Peaches	37,32	27,99
Pears	33,96	25,47
Aubergines	31,2	23,41
Melons	48,1	36,07
Watermelons	9,76	7,31
Oranges	21,00	21,00
Mandarins	25,82	19,50
Clementines	32,38	24,28
Satsumas	25,56	19,50
Lemons	29,98	22,48

[F1 ANNEX V U.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 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.

PART A — INFORMATION FOR MARKET MANAGEMENT U.K.

1. Administrative information: U.K.

(a)

changes to national legislation adopted in order to implement Section 3 of Chapter II of Title I and Sections 1, 2 and 3 of Chapter III of Title II of Regulation (EU) No 1308/2013;

(b)

changes relating to the national strategy for sustainable operational programmes applicable to operational programmes.

2. Information related to producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups: U.K.

(a)

total number of recognised/suspended producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups. In addition:

(i)

for associations of producer organisations: number of producer organisations members;

(ii)

for transnational associations of producer organisations: number of producer organisations members and the Member States where these members have their head office;

(b)

total number of producer organisations, associations of producer organisations, transnational associations of producer organisations, and producer groups for which recognition was withdrawn. In addition for transnational associations of producer organisations: number of organisations members and the Member States where these members have their head office;

(c)

total number of mergers between organisations (broken down between total, number of new organisation(s) and new ID number(s));

(d)

number of members (total and broken down between legal entities, natural persons and fruit and vegetables producers);

(e)

total number of organisations/groups with an operational programme/recognition plan (broken down between recognised, suspended and subject to a merger);

(f)

part of the production of products intended for the fresh market (with the indication of their value and volume);

(g)

part of the production of products intended for processing (with the indication of their value and volume);

(h)

area under fruit and vegetable production.

3. Information related to expenditures: U.K.

(a)

expenditures related to producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between operational fund, final operational fund and national financial assistance);

(b)

total actual expenditures of operational programmes for producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);

(c)

total actual expenditures for producer groups;

(d)

withdrawals broken down between categories of products (volume, total expenditure, amount of EU financial assistance and destinations (free distribution, composting, processing industry and others)).

4. Information relating to monitoring of operational programmes and recognition plans: U.K.

(a)

indicators as regards producer organisations, associations of producer organisations and transnational associations of producer organisations (broken down between actions and measures linked to their objectives);

(b)

indicators as regards producer groups.

PART B — INFORMATION FOR THE CLEARANCE OF ACCOUNTS U.K.

Information on checks and administrative penalties:

(a)

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

(b)

checking rates;

(c)

results of checks;

(d)

administrative penalties applied.]

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

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

ANNEX VII U.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 A U.K.

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

PART B U.K.

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

(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).