Commission Implementing Regulation (EU) 2017/892Show full title

Commission Implementing Regulation (EU) 2017/892

of 13 March 2017

laying down rules for the application of 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

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Article 38, Article 174(1)(d), Article 181(3), and Article 182(1) and (4) thereof,

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008(2), and in particular Article 58(4)(a), Article 62(2)(a) to (d) and (h) and Article 64(7)(a) thereof,

Whereas:

(1) Regulation (EU) No 1308/2013 has replaced Council Regulation (EC) No 1234/2007(3) and lays down new rules concerning the fruit and vegetables and processed fruit and vegetables sectors. It also empowers the Commission to adopt delegated and implementing acts in that respect. Those acts should replace some of the provisions of Commission Implementing Regulation (EU) No 543/2011(4). That Regulation is amended by Commission Delegated Regulation (EU) 2017/891(5).

(2) In order to optimise the allocation of financial resources and to improve the quality of the strategy, provisions should be laid down establishing the structure and content of the national strategy for sustainable operational programmes and the national framework for environmental actions. The environmental actions that may be included in that national framework and the requirements to be complied with should be established to facilitate the drafting and implementation of those actions.

(3) Furthermore, rules should be provided regarding the content of the operational programmes, the documents to be submitted, time limits for submission and implementation periods of operational programmes.

(4) To ensure the correct application of the aid scheme for producer organisations, provisions on information to be included in the applications for aid as well as procedures for the payment of aid should be laid down. To prevent cash-flow difficulties, a system of advance payments accompanied by appropriate securities should be made available to producer organisations. For similar reasons, an alternative system should be available for the reimbursement of expenditure already incurred.

(5) As the production of fruit and vegetables is unpredictable and the products are perishable, the surplus on the market, even if it is not too great, can significantly disturb the market. Therefore, implementing rules relating to crisis prevention and management measures need to be laid down.

(6) Detailed rules concerning the national financial assistance which Member States may grant in regions of the Union where the degree of organisation of producers is particularly low should be laid down. Procedures should be provided for the approval of such national financial assistance as well as for the approval and the amount of the reimbursement by the Union. In addition, the proportion of reimbursement should be laid down.

(7) Provisions concerning the type and format of certain information to be provided for the application of Regulation (EU) No 1308/2103, Delegated Regulation (EU) 2017/891 and this Regulation should be laid down. Those provisions should cover information from producers and producer organisations to the Member States and from the Member States to the Commission.

(8) Provisions should be laid down as regards the administrative and the on-the spot checks necessary to ensure the proper application of Regulation (EU) No 1308/2013 in the fruit and vegetables sector.

(9) For the purposes of Article 59(6) of Regulation (EU) No 1306/2013, rules on the correction of obvious errors in aid applications, notifications, claims or requests need to be laid down.

(10) Rules should be laid down concerning financial contributions from producers who do not belong to producer organisations, associations of producer organisations or inter-branch organisations for which rules are made binding that are agreed within organisations or associations that are considered to be representative in a specific economic area.

(11) Standard import values should be calculated on the basis of the weighted average of the average representative prices of imported products sold on Member State's import markets, using the data on these prices and on imported quantities of the products concerned notified by Member States to the Commission pursuant to Article 74 of Delegated Regulation (EU) 2017/891. Provisions should be laid down concerning cases in which no average representative prices are available for products of a given origin.

(12) Detailed rules concerning the import duty which can be imposed on certain products in addition to that provided for in the Common Customs Tariff should be laid down. Provision should be made that additional import duty may be imposed if import volumes of the products concerned exceed trigger levels determined for the product and the period of application. Goods en route to the Union are exempt from the additional import duty and, therefore, specific provisions for such goods should be adopted.

(13) This Regulation should enter into force on and apply from the seventh day following that of its publication in the Official Journal of the European Union.

(14) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

C1 Regulation: power to modify conferred (E.) (11.11.2020 for specified purposes, 11.1.2021 in so far as not already in force) by Agriculture Act 2020 (c. 21), ss. 15, 57(1)(b)(c)(6)

CHAPTER I U.K. PRODUCER ORGANISATIONS

SECTION 1 U.K. Introductory provision

Article 1 U.K. Subject matter and scope

1. This Regulation lays down rules for the application of Regulation (EU) No 1308/2013 as regards the fruit and vegetables and processed fruit and vegetables sectors, with the exception of marketing standards.

2. Chapters I to V shall only apply to products of the fruit and vegetables sector as referred to in Article 1(2)(i) of Regulation (EU) No 1308/2013 and to such products intended solely for processing.

[F1 Article 1A U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(a) ‘constituent nation’ means England, Wales, Scotland or Northern Ireland, as the case may be;

(b) ‘public funds’ means moneys provided by Parliament, the Welsh Parliament, the Scottish Parliament, the Northern Ireland Assembly or a body exercising public functions within the United Kingdom. References to ‘public funding’ are to be construed accordingly;

(c) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(d) ‘third country’ means any country or territory other than:

(i) the United Kingdom;

(ii) the Bailiwick of Jersey;

(iii) the Bailiwick of Guernsey;

(iv) the Isle of Man.

[F2 (e) ‘existing non-UK member’ means an ex-transnational producer organisation member:

(i) who was, immediately before IP completion day, a producer member of a transnational producer organisation within the meaning of Articles 2(b) and 2(d) of Regulation (EU) 2017/891 (as they had effect immediately before IP completion day); and

(ii) at least one of whose holdings is situated in a member State;

(f) ‘ex-transnational producer organisation’ means a producer organisation that was, immediately before IP completion day, recognised in the United Kingdom as a transnational producer organisation within the meaning of Article 2(d) of Regulation (EU) 2017/891 (as it had effect immediately before IP completion day).]]

Textual Amendments

F1 Arts. 1A, 1B 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), 22(2)

F2 Art. 1A(e)(f) inserted (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), 6(2)

[F1 Article 1B U.K. Definition of appropriate authority

1. For the purposes of this Regulation, ‘appropriate authority’ means:

(a) in relation to England, the Secretary of State;

(b) in relation to Wales, the Welsh Ministers;

(c) in relation to Scotland, the Scottish Ministers;

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.

2. But the appropriate authority is the Secretary of State:

(a) in relation to Scotland, at any time that the Secretary of State and the Scottish Ministers so agree;

(b) in relation to Northern Ireland, at any time that the Secretary of State and the Department of Agriculture, Environment and Rural Affairs so agree.

3. The relevant authorities for Scotland and Northern Ireland must ensure that a statement identifying the appropriate authority for their constituent nation is published on websites maintained by them on or on their behalf.]

Textual Amendments

F1 Arts. 1A, 1B 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), 22(2)

SECTION 2 U.K. Operational programmes

Article 2 U.K. [F3 Strategy] for sustainable operational programmes

The structure and content of the F4 ... strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 shall be as set out in Annex I to this Regulation.

Textual Amendments

F3 Word in Art. 2 heading 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), 22(3)(a)

F4 Word in Art. 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), 22(3)(b)

Article 3 U.K. [F5 Framework] for environmental actions and the eligible investments

1. A separate section of the F6 ... framework referred to in Article 36(1) of Regulation (EU) No 1308/2013, shall indicate the requirements laid down in Article 28 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council(6) to be fulfilled by the environmental actions selected under an operational programme.

The F6 ... framework shall set out a non-exhaustive list of environmental actions and the conditions thereof applicable in the [F7 constituent nation or the United Kingdom (as the case may be)] for the purposes of Article 33(5) of Regulation (EU) No 1308/2013.

The list referred to in the second subparagraph may include the following types of environmental actions:

(a) actions that are identical to agri-environment-climate or organic farming commitments as referred to in Articles 28 and 29 of Regulation (EU) No 1305/2013, respectively, and which are provided for under the rural development programme of the [F8 constituent nation concerned or the rural development programmes of the constituent nations concerned (as the case may be)];

(b) investments beneficial for the environment;

(c) other actions beneficial for the environment, including those which do not relate directly or indirectly to a particular parcel but that are linked to the fruit and vegetables sector, provided they contribute to soil protection, water or energy saving, improvement or maintenance of water quality, habitats or biodiversity protection, climate change mitigation and reduction or improved management of waste.

For each environmental action referred to in points (b) and (c) of the third subparagraph, the F6 ... framework shall indicate:

(a) the justification of the action, on the basis of its environmental impact; and

(b) the specific commitment(s) entailed.

The F6 ... framework shall include at least one action on the application of integrated pest management practices.

2. Environmental actions which are identical to agri-environmental-climate or organic farming commitments supported under a rural development programme shall have the same duration as those commitments. Where the duration of the action exceeds the duration of the initial operational programme, the action shall be continued in a subsequent operational programme.

[F9 The appropriate authority] may authorise shorter durations for environmental actions or even their discontinuance in duly justified cases, and in particular taking into account the results of the evaluation in the last but one year of the implementation of the operational programme referred to in Article 57(3) of Delegated Regulation (EU) 2017/891.

3. Investments beneficial for environment made at the premises of producer organisations, associations of producer organisations or subsidiaries complying with the 90 % requirement referred to in Article 22(8) of Delegated Regulation (EU) 2017/891, or at the premises of their producer members shall be eligible for support if they:

(a) could achieve a reduction in the current use of production inputs, emission of pollutants or waste from the production process; or

(b) could achieve replacement of the use of fossil energy sources with renewable energy sources; or

(c) could achieve a reduction in the environmental risks linked to the use of certain production inputs, including plant protection products or fertilisers; or

(d) lead to improvement of the environment; or

(e) are linked to non-productive investments needed to achieve the objectives of an agri-environmental-climate or organic farming commitment, in particular where those objectives relate to the protection of habitats and biodiversity.

4. Investments referred to in point (a) of paragraph 3 shall be eligible for support if they provide for a reduction of at least 15 %, calculated over the fiscal depreciation period of the investment compared to the pre-existing situation, of:

(a) the use of production inputs that are non-renewable natural resources, such as water or fossil fuel, or possible source of environmental pollution, such as fertilisers, plant protection products or certain types of energy sources;

(b) the emission of air, soil or water pollutants from the production process; or

(c) the production of waste, including waste water, from the production process.

By way of derogation from the first subparagraph, [F10 the appropriate authority] may accept investments that allow for a reduction of at least 7 %, calculated over the fiscal depreciation period of the investment compared to the pre-existing situation, provided that those investments allow for at least one additional environmental benefit.

The expected reduction and, where applicable, the expected additional environmental benefit, shall be demonstrated ex ante through project specifications or other technical documents to be presented by the producer organisation or association of producer organisations at the moment of the submission of the proposed operational programme or of the amendment of such a programme for approval, showing the results that could be obtained through the implementation of the investment, as attested by the technical documents or by an independent qualified body or expert agreed by the [F11 appropriate authority].

Investments aimed to achieve a reduction in water use shall:

(a) provide for a reduction of at least 5 % in water use in drip irrigation or similar systems compared to the consumption prior to the investment; and

(b) not result in a net increase of the area under irrigation, unless the total water consumption for irrigation of the whole farm, including the increased area, does not exceed the average of water consumption of the previous 5 years prior to the investment.

5. Investments referred to in point (b) of paragraph 3 consisting of systems which generate energy shall be eligible for support if the amount of energy generated does not exceed the amount that can be used ex ante on a yearly basis for the actions related to fruit and vegetables by the producer organisation, association of producer organisations, subsidiary or the producer organisation's members that benefit from the investment.

6. Investments referred to in points (c) and (d) of paragraph 3 shall be eligible for support where they contribute to soil protection, water or energy saving, improvement or maintenance of water quality, habitats or biodiversity protection, climate change mitigation, and reduction or improved management of waste, although their contribution is not quantifiable.

The producer organisation or association of producer organisations shall provide evidence of the expected positive contribution to one or more environmental objectives at the moment of the submission for approval of the proposed operational programme or amendment of such a programme. The [F12 appropriate] authority may require that evidence to be provided in the form of project specifications attested by an independent qualified body or expert in the environmental fields concerned.

7. The following rules shall apply to environmental actions:

(a) various environmental actions may be combined provided that they are complementary and compatible. Where environmental actions other than investments in physical assets are combined, the level of support shall take account of the specific income foregone and additional costs resulting from the combination;

(b) commitments to limit the use of fertilisers, plant protection products or other inputs shall be accepted only if such limitations can be assessed in a way that provides assurance about compliance with those commitments;

(c) investments beneficial for the environment referred to in paragraph 3 shall be fully eligible for support.

Textual Amendments

F5 Word in Art. 3 heading 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), 22(4)(a)

F6 Word in Art. 3(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), 22(4)(b)(i)

F7 Words in Art. 3(1) 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), 22(4)(b)(ii)

F8 Words in Art. 3(1)(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), 22(4)(b)(iii)

F9 Words in Art. 3(2) 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), 22(4)(c)

F10 Words in Art. 3(4) 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), 22(4)(d)(i)

F11 Words in Art. 3(4) 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), 22(4)(d)(ii)

F12 Word in Art. 3(6) 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), 22(4)(e)

Article 4 U.K. Content of operational programmes

1. Operational programmes shall include the following:

[F13 (a) a description of the initial situation, based, where relevant, on the indicators listed in Table 4.1 of Annex II;]

(b) the objectives of the programme, taking into account the outlook for production and outlets, with an explanation of how the programme intends to contribute to and is consistent with the objectives of the [F14 strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation in which the producer organisation has its head office], including the balance between activities. The description of the objectives shall indicate measurable targets, so as to facilitate the monitoring of progress gradually made in implementing the programme;

(c) the proposed measures, including the actions for crisis prevention and management;

(d) the duration of the programme; and

(e) the financial aspects, in particular:

(i)

the method of calculation and the level of financial contributions;

(ii)

the procedure for financing the operational fund;

(iii)

information necessary to justify different levels of contribution; and

(iv)

the budget and timetable for operations for each implementation year of the programme.

2. Operational programmes shall indicate:

(a) the extent to which the different measures complement and are consistent with other measures, including measures financed or eligible for support by other [F15 public] funds, and in particular under Regulation (EU) No 1305/2013 and promotion programmes approved under Regulation (EU) No 1144/2014 of the European Parliament and of the Council(7). If applicable, specific reference shall also be made to measures carried out under previous operational programmes; and

(b) that they do not entail any risk of double financing by [F15 public] funds.

Textual Amendments

F13 Substituted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

F14 Words in Art. 4(1)(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), 22(5)(a)

F15 Word in Art. 4(2) 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), 22(5)(b)

Article 5 U.K. Documents to be submitted with the operational programme

Operational programmes shall be accompanied by:

(a)

evidence of the creation of an operational fund;

(b)

a written commitment from the producer organisation to comply with Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 and this Regulation; and

(c)

a written commitment from the producer organisation that it has not received and will not receive, directly or indirectly, any other [F16 European Union or public] funding in respect of actions qualifying for aid under Regulation (EU) No 1308/2013 in the fruit and vegetables sector.

Textual Amendments

F16 Words in Art. 5(c) 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), 22(6)

Article 6 U.K. Time limit for submission

1. An operational [F17 programme] shall be submitted for approval by a producer organisation to the [F18 appropriate authority of the constituent nation] in which the producer organisation has its [F19 head office], by 15 September of the year preceding that in which the programme is to be implemented. However, [F20 nothing in this Regulation prevents the appropriate authority from setting] a date later than 15 September.

2. When a legal entity or clearly defined part of a legal entity, including F21 ... a producer group referred to in Article 27 of Regulation (EU) No 1305/2013, submits an application for recognition as a producer organisation it may, at the same time, submit for approval the operational programme referred to in paragraph 1. Approval of the operational programme shall be subject to recognition being granted no later than on the final date laid down in Article 33(2) of Delegated Regulation (EU) 2017/891.

Textual Amendments

F17 Word in Art. 6(1) 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), 22(7)(a)(i)

F18 Words in Art. 6(1) 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), 22(7)(a)(ii)

F19 Words in Art. 6(1) 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), 22(7)(a)(iii)

F20 Words in Art. 6(1) 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), 22(7)(a)(iv)

F21 Words in Art. 6(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), 22(7)(b)

Article 7 U.K. Implementation periods of operational programmes

1. Operational programmes shall be implemented in annual periods running from 1 January to 31 December.

2. Operational programmes approved by 15 December shall be implemented from 1 January of the following year.

The implementation of programmes approved after 15 December shall be postponed for one year.

3. By way of derogation from paragraph 2, where the third subparagraph of Article 33(2) or the second subparagraph of Article 34(1) of Delegated Regulation (EU) 2017/891 applies, the implementation of operational programmes approved in accordance with those provisions shall start not later than 31 January following their approval.

SECTION 3 U.K. Aid

Article 8 U.K. Approved amount of aid

[F22 The appropriate authority] shall notify producer organisations and associations of producer organisations of the approved amount of aid by 15 December of the year preceding the year for which aid is requested.

By way of derogation from the first paragraph, where the third subparagraph of Article 33(2) or the second subparagraph of Article 34(1) of Delegated Regulation (EU) 2017/891 applies, [F23 the appropriate authority] shall notify those organisations and associations of the approved amount of aid by 20 January of the year for which aid is requested.

Textual Amendments

F22 Words in Art. 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), 22(8)(a)

F23 Words in Art. 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), 22(8)(b)

F24 Article 8a U.K. Implementation of increase of the limit of the Union financial assistance from 50 % to 60 %

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Art. 8a 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), 22(9)

Article 9 U.K. Aid applications

1. Producer organisations shall submit an application for aid, or the balance thereof, to the [F25 appropriate authority] for each operational programme for which aid is requested by 15 February of the year following the year for which the aid is requested.

2. The aid applications shall be accompanied by supporting documents showing:

(a) the aid requested;

(b) the value of marketed production;

(c) the financial contributions levied on its members and those of the producer organisation itself;

(d) the expenditure incurred in respect of the operational programme;

(e) the expenditure concerning crisis prevention and management broken down by actions;

(f) the proportion of the operational fund spent on crisis prevention and management broken down by actions;

(g) compliance with Article 33(3), the first subparagraph of Article 33(5) and Article 34 of Regulation (EU) No 1308/2013;

(h) a written commitment that it has not received any duplicate [F26 European Union or public] funding in respect of measures or operations qualifying for aid under Regulation (EU) No 1308/2013 in the fruit and vegetables sector; [F27 and]

F28 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29 (j) an annual report on the execution of the operational programme.]

3. The aid applications may cover expenditure programmed but not incurred if the following elements are proved:

(a) the operations concerned could not be carried out by 31 December of the year of implementation of the operational programme, for reasons beyond the control of the producer organisation concerned;

(b) those operations can be carried out by 30 April of the year following the year for which the aid is requested; and

(c) an equivalent contribution from the producer organisation remains in the operational fund.

The aid shall be paid and the security lodged in accordance with Article 11(2) shall be released only on condition that proof of implementation of the programmed expenditure referred to in point (b) of the first subparagraph of this paragraph is provided by 30 April of the year following that for which the expenditure in question was programmed, and on the basis that the entitlement to the aid is established.

4. In exceptional and duly justified cases, the [F30 appropriate authority] may accept applications after the date provided for in paragraph 1, if the necessary checks have been carried out and the time limit for payment provided for in Article 10 is complied with. Where applications are submitted after the date provided for in paragraph 1, the aid shall be reduced by 1 % for each day the application is late.

5. Associations of producer organisations may submit an application for aid as referred to in paragraph 1 in the name and on behalf of only those members that are producer organisations recognised in the [F31 United Kingdom] and provided that the supporting documents referred to in paragraph 2 are submitted for each member. The producer organisations shall be the final beneficiaries of the aid.

[F32 5A. An application for aid by an association of producer organisations must relate to actions implemented at the level of the association and must be submitted to the appropriate authority for the constituent nation where that association has its head office. The appropriate authorities must ensure that there is no double funding risk.]

[F13 6. Producer organisations shall submit an application for aid regarding actions that are implemented at the level of the producer organisations [F33 to the appropriate authority for the constituent nation in which the producer organisation's head office is located.] F34 ...

F35 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F13 Substituted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

F25 Words in Art. 9(1) 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), 22(10)(a)

F26 Words in Art. 9(2)(h) 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), 22(10)(b)(i)(aa)

F27 Word in Art. 9(2)(h) 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), 22(10)(b)(i)(bb)

F28 Art. 9(2)(i) 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), 22(10)(b)(ii)

F29 Art. 9(2)(j) 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), 22(10)(b)(iii)

F30 Words in Art. 9(4) 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), 22(10)(c)

F31 Words in Art. 9(5) 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), 22(10)(d)

F32 Art. 9(5A) 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), 22(10)(e)

F33 Words in Art. 9(6) 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), 22(10)(f)

F34 Words in Art. 9(6) 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), 6(3)(a)

F35 Art. 9(7) 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), 6(3)(b)

Article 10 U.K. Payment of the aid

[F36 The appropriate authority] shall pay the aid by 15 October of the year following the year of implementation of the programme.

Textual Amendments

F36 Words in Art. 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), 22(11)

Article 11 U.K. Advance payments

1. Applications for advance payments may be submitted F37 ... on a three-monthly basis in January, April, July and October F38 ....

Total advance payments made for a given year shall not exceed 80 % of the initially approved amount of aid for the operational programme.

2. Advance payments shall be paid subject to the lodging of a security equivalent to 110 % thereof in accordance with Commission Delegated Regulation (EU) No 907/2014(8).

3. [F39 Nothing in this Regulation prevents the appropriate authority from setting] a minimum amount and the deadlines for advance payments.

Textual Amendments

F37 Words in Art. 11(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), 22(12)(a)(i)

F38 Words in Art. 11(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), 22(12)(a)(ii)

F39 Words in Art. 11(3) 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), 22(12)(b)

Article 12 U.K. Partial payments

1. [F40 A producer organisation may apply to the appropriate authority for the constituent nation in which the producer organisation has its head office] for the payment of the part of the aid corresponding to the amounts already spent under the operational programme.

2. Applications may be submitted at any time, but no more than three times each year. They shall be accompanied by supporting documents, such as invoices and documents proving that the payment has been made.

3. Payments in respect of applications for parts of the aid shall not exceed 80 % of the part of the aid corresponding to the amounts already spent under the operational programme for the period concerned. [F41 Nothing in this Regulation prevents the appropriate authority from setting] a minimum amount for partial payments and deadlines for applications.

Textual Amendments

F40 Words in Art. 12(1) 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), 22(13)(a)

F41 Words in Art. 12(3) 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), 22(13)(b)

CHAPTER II U.K. CRISIS PREVENTION AND MANAGEMENT MEASURES

[F42 Article 13 U.K. Training measures and exchanges of better practices

Training measures and exchanges of better practices cannot constitute crisis prevention and management measures unless they are additional to any ongoing training actions not related to crisis prevention and management being applied by the producer organisation concerned in its operational programme.]

Textual Amendments

F42 Art. 13 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), 22(14)

Article 14 U.K. Promotion and communication measures

[F13 1. [F43 Promotion and communication measures implemented by producer organisations in relation to crisis prevention or crisis management, including actions and activities aimed at diversification and consolidation on the fruit and vegetable markets, may be applied rapidly when required.]

The principal aim of those measures shall be enhancing the competitiveness of the products marketed by the producer organisations and their associations in the case of serious market disturbance, loss of consumer confidence or other related problems.

The specific objectives of the promotion and communication measures implemented by the producer organisations and their associations shall be:

(a) increasing awareness about the quality of agricultural products produced in the [F44 United Kingdom] and about the high quality standards applicable to their production in the [F44 United Kingdom];

(b) increasing the competitiveness and consumption of agricultural products and of certain processed products produced in the [F44 United Kingdom] and raising awareness about their quality both inside and outside the [F44 United Kingdom];

(c) increasing awareness about [F44 United Kingdom] quality schemes both inside and outside the [F44 United Kingdom];

(d) increasing the market share of agricultural products and certain processed products produced in the [F44 United Kingdom], focusing on the markets in third countries that have the highest growth potential; and

(e) contributing to the recovery of normal market conditions in the [F44 United Kingdom] market in the event of serious market disturbance, loss of consumer confidence or other related problems.]

2. Actions under promotion and communication measures shall be additional to any ongoing promotion and communication actions not related to crisis prevention and management being applied by the producer organisation concerned in their operational programme.

Textual Amendments

F13 Substituted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

F43 Words in Art. 14(1) 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), 22(15)(a)

F44 Words in Art. 14(1) 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), 22(15)(b)

F45 Article 15 U.K. Marketing standards of products withdrawn

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Textual Amendments

F45 Arts. 15-17 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), 22(16)

F45 Article 16 U.K. Transport costs for free distribution

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Textual Amendments

F45 Arts. 15-17 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), 22(16)

F45 Article 17 U.K. Sorting and packing costs for free distribution

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Textual Amendments

F45 Arts. 15-17 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), 22(16)

F46 CHAPTER III U.K. [F46 NATIONAL FINANCIAL ASSISTANCE

F46 Article 18 U.K. Authorisation to pay national financial assistance

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F46 Article 19 U.K. Application for and payment of the national financial assistance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 Article 20 U.K. Union reimbursement of the national financial assistance]

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Textual Amendments

F46 Deleted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

CHAPTER IV U.K. INFORMATION, REPORTS AND CHECKS

SECTION 1 U.K. Information and reports

[F13 Article 21 U.K. Information F47 ... from producer groups, producer organisations and associations of producer organisations and annual reports from [F48 the appropriate authorities]

At the request of [F49 the appropriate authority], recognised producer organisations, associations of producer organisationsF50 ... and producer groups [F51 referred to in Article 27 of Regulation (EU) No 1305/2013] shall provide any relevant information needed for drawing up of the annual report referred to in Article 54(b) of Delegated Regulation (EU) 2017/891.The structure of the annual report is set out in Annex II to this Regulation.

[F52 The appropriate authority] shall take the measures necessary to gather information on the number of members, the volume and the value of marketed production of producer organisations which have not submitted operational programmes. Producer organisations and producer groups referred to in Article 27 of Regulation (EU) No 1305/2013 shall be requested to provide the number of members, the volume and the value of the marketed production.]

Textual Amendments

F13 Substituted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

F47 Words in Art. 21 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), 22(17)(a)(i)

F48 Words in Art. 21 heading 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), 22(17)(a)(ii)

F49 Words in Art. 21 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), 22(17)(b)(i)

F50 Words in Art. 21 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), 6(4)

F51 Words in Art. 21 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), 22(17)(b)(ii)

F52 Words in Art. 21 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), 22(17)(c)

SECTION 2 U.K. Checks

Article 22 U.K. Unique identification system

[F53 The Secretary of State must ensure that a unique identification system applies to producer organisations and associations of producer organisations with regard to their aid applications.] This identification system shall be compatible with the system for the identification of beneficiaries referred to in Article 73 of Regulation (EU) No 1306/2013.

Textual Amendments

F53 Words in Art. 22 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), 6(5)

[F54 Article 23 U.K. Submission procedures

Without prejudice to Articles 9, 24 and 25, the procedures for the submission of aid applications, requests for approval of operational programmes, and payment claims are those published from time to time by the appropriate authority [F55 , and the procedures for the submission of requests for recognition are those published from time to time by the Secretary of State].]

Textual Amendments

F54 Art. 23 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), 22(18)

F55 Words in Art. 23 inserted (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), 6(6)

Article 24 U.K. Granting of recognition

1. Prior to granting recognition to a producer organisation or association of producer organisations under Article 154(4)(a) or Article 156(1) of Regulation (EU) No 1308/2013, [F56 the Secretary of State] shall carry out administrative and an on-the-spot checks on the producer organisation or association of producer organisations to verify compliance with the recognition criteria.

2. [F57 The Secretary of State] shall carry out administrative and on-the-spot checks with regard to the recognition criteria which apply to all recognised producer organisations and associations of producer organisations at least once every five years even if the producer organisations or the associations of producer organisations do not implement an operational programme.

Textual Amendments

F56 Words in Art. 24(1) 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), 6(7)(a)

F57 Words in Art. 24(2) 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), 6(7)(b)

Article 25 U.K. Approval of operational programmes and their amendments

1. Prior to the approval of an operational programme under Article 33 of Delegated Regulation (EU) 2017/891, [F58 the appropriate authority] shall verify, by all the appropriate means, including through on-the-spot checks, the operational programme submitted for approval and the request for amendment, where applicable. Those checks shall in particular concern:

(a) the accuracy of the information referred to in Article 4(1)(a), (b) and (e), which shall be included in the draft operational programme;

(b) compliance of the programme with Article 33 of Regulation (EU) No 1308/2013 as well as with the [F59 strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation concerned];

(c) the eligibility of the actions and the eligibility of the expenditure proposed; and

(d) the consistency and technical quality of the programme, the soundness of the estimates and the aid plan, and the planning of its implementation.

2. The checks referred to in paragraph 1 shall verify whether:

(a) targets are measurable and can be monitored and achieved through the proposed actions; and

(b) the operations for which aid is requested are in compliance with the applicable F60 ... laws in particular, State aid, rural development and promotion programmes, and obligatory standards established by F61 ... legislation or the [F62 strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation concerned].

Textual Amendments

F58 Words in Art. 25(1) 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), 22(19)(a)(i)

F59 Words in Art. 25(1)(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), 22(19)(a)(ii)

F60 Words in Art. 25(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), 22(19)(b)(i)

F61 Word in Art. 25(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), 22(19)(b)(ii)

F62 Words in Art. 25(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), 22(19)(b)(iii)

Article 26 U.K. Administrative checks

1. The procedures relating to the administrative checks shall require the recording of operations undertaken, the results of the verification and the measures taken in respect of discrepancies.

2. Prior to granting the aid, [F63 the appropriate authority] shall carry out administrative checks on all aid applications.

3. Administrative checks on aid applications shall include, where applicable, a verification of:

(a) the annual report on the execution of the operational programme transmitted together with the aid application;

(b) the value of marketed production, the contributions to the operational fund and the expenditure incurred;

(c) the accurate correlation of expenditure claimed with products and services delivered;

(d) the conformity of the actions undertaken with those included in the approved operational programme; and

(e) the respect of financial or other limits and ceilings imposed.

4. Expenditure incurred under the operational programme shall be supported by proof of payment. Invoices used shall be established in the name of the producer organisation, association of producer organisations or the subsidiary complying with the 90 % requirement referred to in Article 22(8) of Delegated Regulation (EU) 2017/891 or, subject to [F64 approval by the appropriate authority], in the name of one or more of its producer members. However, invoices in respect of the personnel costs referred to in point 2 of Annex III to Delegated Regulation (EU) 2017/891 shall be established in the name of the producer organisation, association of producer organisation, subsidiary complying with the 90 % requirement referred to in Article 22(8) of that Regulation or, subject to [F64 approval by the appropriate authority], cooperatives which are a member of the producer organisation.

Textual Amendments

F63 Words in Art. 26(2) 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), 22(20)(a)

F64 Words in Art. 26(4) 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), 22(20)(b)

Article 27 U.K. On-the-spot checks on annual aid applications

1. [F65 The appropriate authority] shall carry out on-the-spot checks at the premises of producer organisations, associations of producer organisations and their subsidiaries, where applicable, to ensure compliance with the conditions for recognition, for granting an aid or the balance thereof for the year concerned as referred to in Article 9(1), which shall supplement the administrative checks.

2. The on-the-spot checks shall relate to a sample representing at least 30 % of the total aid applied for each year. Each producer organisation or association of producer organisations implementing an operational programme shall be visited at least once every three years.

3. [F66 The appropriate authority] shall determine the producer organisations to be checked on the basis of a risk analysis that shall take account of the following criteria:

(a) the amount of aid;

(b) the findings of the checks in previous years;

(c) a random parameter; and

(d) other parameters to be determined by [F67 the appropriate authority].

4. Advance notice of on-the-spot checks may be given, provided that the purpose of the check is not jeopardised.

5. The on-the-spot checks shall cover all the commitments and obligations of the producer organisation or association of producer organisations, its members or subsidiaries, where applicable, which can be checked at the time of the visit and which could not have been checked during the administrative checks. On-the-spot checks shall in particular concern:

(a) the compliance with the recognition criteria for the year concerned;

(b) the implementation of the actions and their consistency with the approved operational programme;

(c) in relation to a relevant number of actions: the compliance of the expenditure with [F68 applicable] law and respect of the deadlines set out therein;

(d) the use of the operational fund, including expenditure declared in claims for advance payments or partial payments, the value of marketed production, the contributions to the operational fund and the expenditure declared as supported by accounting or equivalent documents;

(e) the full delivery of the products by the members, the delivery of the services and the genuineness of the expenditure claimed; and

F69 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. The value of marketed production shall be verified on the basis of the financial accounting system as audited and certified in accordance with [F70 the law as it applies in the relevant constituent nation].

To that end, the [F71 appropriate authority] may decide that the declaration of the value of marketed production shall be certified in the same way as the financial accounting data.

The check on the declaration of the value of marketed production may be carried out before the relevant aid application is transmitted but it shall be carried out at the latest before payment of the aid.

7. Except in exceptional circumstances, the on-the-spot checks shall include a visit to the place where the action is implemented or, if the action is intangible, to the action promoter. In particular, actions on individual holdings of members of producer organisations covered by the sample referred to in paragraph 2 shall be subject of at least one visit to verify their execution.

However, [F72 the appropriate authority] may decide not to carry out such visits for small actions, or where they consider that there is a low risk that the conditions for receiving aid are not fulfilled, or that the operation has not been implemented. The respective decision and its justification shall be recorded. The risk analysis criteria set out in paragraph 3 shall apply mutatis mutandis to this paragraph.

8. Only checks meeting all the requirements of this Article may be counted towards the fulfilment of the checking rate set out in paragraph 2.

9. The results of the on-the-spot checks shall be assessed to establish whether any problems encountered are of a systemic nature, entailing a risk for other similar actions, beneficiaries or bodies. This assessment shall also identify the causes of such situations, any further examination which may be required and the recommended corrective and preventive action.

If the checks reveal significant irregularities in a region or part of a region or for a specific producer organisation or association of producer organisations, the [F73 appropriate authority] shall carry out additional checks during the year in the region or on the organisation or association concerned and shall increase the percentage of corresponding applications to be checked the following year.

Textual Amendments

F65 Words in Art. 27(1) 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), 22(21)(a)

F66 Words in Art. 27(3) 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), 22(21)(b)(i)

F67 Words in Art. 27(3)(d) 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), 22(21)(b)(ii)

F68 Word in Art. 27(5)(c) 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), 22(21)(c)(i)

F69 Art. 27(5)(f) 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), 22(21)(c)(ii)

F70 Words in Art. 27(6) 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), 22(21)(d)(i)

F71 Words in Art. 27(6) 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), 22(21)(d)(ii)

F72 Words in Art. 27(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), 22(21)(e)

F73 Words in Art. 27(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), 22(21)(f)

Article 28 U.K. Reports of on-the-spot checks

1. [F74 The appropriate authority must produce a detailed report] for each on-the-spot check indicating at least the following information:

(a) the aid scheme and the application checked;

(b) the names and functions of the persons present;

(c) the actions, measures and documents checked, including the audit trail and supporting evidence verified; and

(d) the results of the check.

2. A representative of the producer organisation or association of producer organisations shall be given the opportunity to sign the report to attest his/her presence at the check and to record his/her comments. Where irregularities are found, the beneficiary shall receive a copy of the report.

[F75 3. If the check reveals any non-compliance with the recognition criteria, the producer organisation or association of producer organisations concerned must send a copy of the report to the Secretary of State within 28 days of the date on which the final version of the report is sent to the producer organisation or association of producer organisations.]

Textual Amendments

F74 Words in Art. 28(1) 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), 22(22)

F75 Art. 28(3) inserted (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), 6(8)

F76 Article 29 U.K. First-level checks on withdrawal operations

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Textual Amendments

F76 Arts. 29-31 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), 22(23)

F76 Article 30 U.K. Second-level checks on withdrawal operations

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Textual Amendments

F76 Arts. 29-31 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), 22(23)

F76 Article 31 U.K. Green harvesting and non-harvesting

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F76 Arts. 29-31 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), 22(23)

F77 Article 32 U.K. Transnational producer organisations

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Textual Amendments

F77 Art. 32 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), 6(9)

F78 Article 33 U.K. Transnational associations of producer organisations

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Textual Amendments

F78 Art. 33 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), 6(9)

Article 34 U.K. Checks

Without prejudice to specific provisions of this Regulation or other [F79 retained EU law, the appropriate authority must conduct] checks and [F80 take] measures to ensure the proper application of Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 and this Regulation. Those checks and measures shall be effective, proportionate and dissuasive [F81 in order to ensure proper management of public funds].

In particular, [F82 the appropriate authority] shall ensure that:

(a)

[F83 all eligibility criteria established by applicable legislation or by the strategy and framework referred to in Article 36 of Regulation (EU) No 1308/2013 of the constituent nation in which the producer organisation or association of producer organisations (as the case may be) has its head office can be checked;]

(b)

[F84 it has] a sufficient number of suitably qualified and experienced staff to carry out the checks effectively; and

(c)

provision is made for checks to avoid irregular duplicated financing of measures under Regulation (EU) No 1308/2013 in the fruit and vegetables sector and under other [F85 schemes funded in whole or in part by European Union or public funds].

[F86 If a check reveals any non-compliance with the recognition criteria, a detailed report must be made and sent to the Secretary of State in accordance with Article 28.]

Textual Amendments

F79 Words in Art. 34 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), 22(24)(a)(i)

F80 Word in Art. 34 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), 22(24)(a)(ii)

F81 Words in Art. 34 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), 22(24)(a)(iii)

F82 Words in Art. 34 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), 22(24)(b)(i)

F83 Art. 34(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), 22(24)(b)(ii)

F84 Words in Art. 34(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), 22(24)(b)(iii)

F85 Words in Art. 34(c) 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), 22(24)(b)(iv)

F86 Words in Art. 34 inserted (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), 6(10)

[F87 Article 34A U.K. Checks on producer organisations

1. The appropriate authority for the constituent nation in which a producer organisation has its head office must:

(a) organise checks on that organisation in respect of the operational programme and operational fund; and

(b) apply administrative penalties in accordance with Section 3 of Chapter 5 of Title 2 of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met.

2. The appropriate authorities for any other constituent nations in which the producer organisation's members are located must, within any reasonable period provided by the appropriate authority in which the producer organisation has its head office:

(a) provide such administrative assistance and carry out such administrative and on–the-spot checks as are required by that authority; and

(b) report the results of those checks to that authority.

3. In respect of environmental and phytosanitary measures and crisis prevention and management measures, a producer organisation must comply with the rules of the constituent nation where the respective measures and actions take place. In respect of all other matters in relation to the producer organisation and the operational programme and operational fund, the producer organisation must comply with the rules applicable in the constituent nation in which its head office is located.]

Textual Amendments

F87 Arts. 34A, 34B 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), 22(25)

[F87 Article 34B U.K. Checks on associations of producer organisations

1. The appropriate authority for the constituent nation in which a producer organisation which is a member of an association has its head office must:

(a) organise checks in respect of actions of the operational programme implemented in that constituent nation and of the operational fund;

(b) apply administrative penalties in accordance with Section 3 of Chapter 5 of Title 2 of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met;

(c) provide such administrative assistance as is requested by the appropriate authority for the constituent nation in which the association of producer organisations has its head office; and

(d) notify the results of checks it has carried out and administrative penalties it has applied without delay to the appropriate authority for the constituent nation in which the association of producer organisations has its head office.

2. The appropriate authority for the constituent nation in which the association of producer organisations has its head office must:

(a) organise checks in respect of actions of the operational programme implemented at the level of the association and of the operational fund of the association;

(b) apply administrative penalties in accordance with Section 3 of Chapter 5 of Title 2 of Regulation (EU) 2017/891 where such checks demonstrate that the relevant obligations have not been met; and

(c) co-ordinate checks and payments in respect of the actions of the operational programme of the association implemented outside the constituent nation where its head office is located.

3. The actions of the operational programmes must comply with the rules and strategy referred to in Article 36(2) of Regulation (EU) No 1308/2013 of the constituent nation where, in accordance with Article 9(6), the application for aid is submitted.

But environmental and phytosanitary measures and crisis prevention and management measures must comply with the rules of the constituent nation where these measures and actions are actually carried out.]

Textual Amendments

F87 Arts. 34A, 34B 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), 22(25)

Article 35 U.K. Obvious errors

In cases of obvious errors recognised by the [F88 appropriate authority][F89 or the Secretary of State (as the case may be)], as referred to in Article 59(6) of Regulation (EU) No 1306/2013, any notification, claim or request made to [F90 an appropriate authority][F89 or the Secretary of State (as the case may be)] under Regulation (EU) No 1308/2013, Delegated Regulation (EU) 2017/891 or this Regulation and any aid application may be corrected and adjusted at any time after its submission.

Textual Amendments

F88 Words in Art. 35 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), 22(26)(a)

F89 Words in Art. 35 inserted (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), 6(11)

F90 Words in Art. 35 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), 22(26)(b)

F91 CHAPTER V U.K. EXTENSION OF RULES

F91 Article 36 U.K. Financial contributions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91 Article 37 U.K. Extensions beyond one year

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F91 Chapter 5 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), 6(12)

CHAPTER VI U.K. ENTRY PRICE SYSTEM AND IMPORT DUTIES

Article 38 U.K. Standard import values

1. For each product and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the Commission shall fix each working day and for each origin, a standard import value equal to the weighted average of the representative prices referred to in Article 74 of that Regulation, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.

2. Where a standard import value is established for the products and for the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, in accordance with Articles 74 and 75 of that Regulation and this Article, the unit price as referred to in Article 142 of Commission Implementing Regulation (EU) 2015/2447(9) shall not apply. It shall be replaced by the standard import value referred to in paragraph 1.

3. Where no standard import value is in force for a product of a given origin, the weighted average of standard import values in force for that product shall apply.

4. During the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall remain applicable until they are changed. They shall cease to apply, however, where no average representative price has been notified to the Commission for two consecutive weeks.

Where, pursuant to the first subparagraph, no standard import value applies to a given product, the standard import value applicable to that product shall be equal to the last average standard import value.

5. By way of derogation from paragraph 1, where it has not been possible to calculate a standard import value, no standard import value shall be applicable from the first day of the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891.

6. The exchange rate applicable to the standard import value shall be the rate most recently published by the European Central Bank prior to the last day of the period for which prices are transmitted.

7. The standard import values expressed in euro shall be published by the Commission via TARIC(10).

CHAPTER VII U.K. ADDITIONAL IMPORT DUTIES

Article 39 U.K. Levying of additional import duty

[F13 1. An additional import duty as referred to in Article 182(1) of Regulation (EU) No 1308/2013 may be applied to the products and during the periods listed in Annex VII to this Regulation. That additional import duty shall apply if the quantity of any of the products put into free circulation for any of the periods of application set out in that Annex exceeds the trigger volume for that product unless the imports are unlikely to disturb the Union market, or the effects of the additional import duty would be disproportionate to the intended objective.]

2. For each of the products listed in Annex VII and during the periods indicated in that Annex, Member States shall notify the Commission of details of the volumes put into free circulation using the method for the surveillance of preferential imports set out in Article 55 of Implementing Regulation (EU) 2015/2447.

3. The additional import duty shall be levied on quantities put into free circulation after the date of application of that duty, provided that:

(a) their customs value determined in accordance with Article 74 of Delegated Regulation (EU) 2017/891 entails the application of the highest specific duties applicable to imports of the origin in question; and

(b) the import takes place during the period of application of the additional import duty.

Textual Amendments

F13 Substituted by Commission Implementing Regulation (EU) 2018/1146 of 7 June 2018 amending Implementing Regulation (EU) 2017/892 laying down rules for the application of 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 Regulation (EC) No 606/2009 laying down certain detailed rules for implementing Council Regulation (EC) No 479/2008 as regards the categories of grapevine products, oenological practices and the applicable restrictions.

Article 40 U.K. Amount of additional import duty

The additional import duty applied in accordance with Article 39 shall be equivalent to one third of the customs duty specified in the Common Customs Tariff for the product in question.

However, for products benefiting from an import tariff preference as to ad valorem duty, the additional import duty shall be equivalent to one third of the specific customs duty for the product in question where Article 39(2) applies.

Article 41 U.K. Exemptions from additional import duty

1. The following goods are exempt from the additional import duty:

(a) goods imported under a tariff quota;

(b) goods that left the country of origin before the decision to apply the additional import duty, and which are being transported under cover of a transport document valid from the place of loading in the country of origin to the place of unloading in the Union that was drawn up before application of the additional import duty.

2. Interested parties shall provide evidence to the satisfaction of the customs authorities that the requirements of paragraph 1(b) have been met.

Customs authorities may deem that goods left the country of origin before the date of application of the additional import duty if one of the following documents is provided for:

(a) sea transport, the bill of loading showing that loading took place before that date;

(b) rail transport, the waybill accepted by the rail authorities of the country of origin before that date;

(c) road transport, the road carriage contract (CMR) or another transit document issued in the country of origin before that date, if the conditions laid down in bilateral or multilateral arrangements concluded in the context of Union transit or common transit are observed;

(d) air transport, the air way bill showing that the airline accepted the goods before that date.

CHAPTER VIII U.K. FINAL PROVISIONS

Article 42 U.K. Entry into force and application

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

F92 ...

Textual Amendments

F92 Words in Signature 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), 22(27)

[F13 ANNEX I U.K. Structure and content of a F93 ... strategy for sustainable operational programmes as referred to in Article 2

Textual Amendments

F93 Word in Annex 1 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), 22(28)(a)

1. Duration of the F94 ... strategy U.K.

To be indicated by the [F95 relevant authority].

Textual Amendments

F95 Words in Annex 1 Point 1 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), 22(28)(b)(ii)

Textual Amendments

F94 Word in Annex 1 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), 22(28)(b)(i)

2. Analysis of the situation in terms of strengths and weaknesses and potential for development, the strategy chosen to meet them and the justification of the priorities chosen as referred to in Article 36(2)(a) and (b) of Regulation (EU) No 1308/2013. U.K.

2.1. Analysis of the situation U.K.

Description of the current situation of the fruit and vegetable sector using quantified data, highlighting strengths and weaknesses, disparities, needs and gaps and potential for development on the basis of the relevant indicators set out in Table 4.1 of Annex II. This description shall concern at least:

• the performances of the fruit and vegetables sector: strengths and weaknesses of the sector, competitiveness and the potential for development of the producer organisations;

• the environmental effects (impacts, pressures and benefits) of the fruit and vegetables production, including key trends.

2.2. The strategy chosen to meet strengths and weaknesses U.K.

Description of the key areas where intervention is expected to bring the maximum value added:

• relevance of the objectives set for the operational programmes, of the expected results and the extent to which they can be realistically achieved;

• internal coherence of the strategy, existence of mutually reinforcing interactions and possible conflicts or contradictions between the operational objectives of different actions selected;

• complementarity and consistency of the actions selected with other national or regional actions, and with activities supported through [F96 public] funds, in particular with the rural development and promotion programmes;

• expected results and impact compared to the baseline situation and their contribution to [F97 the constituent nation's] objectives.

Textual Amendments

F96 Word in Annex 1 Point 2.2 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), 22(28)(c)(i)

F97 Words in Annex 1 Point 2.2 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), 22(28)(c)(ii)

2.3. Impact from the previous F98 ... strategy (where applicable) U.K.

Description of results and impact of operational programmes implemented in the recent past.

Textual Amendments

F98 Word in Annex 1 Point 2.3 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), 22(28)(d)

3. Objectives of operational programmes and performance indicators as referred to in Article 36(2)(c) of Regulation (EU) No 1308/2013 U.K.

Description of the types of actions selected as eligible for support (non-exhaustive list), the objectives pursued, the verifiable targets and the indicators that allow the progress towards achievement of the objectives, efficiency and effectiveness to be assessed.

3.1. Requirements concerning all or several types of actions U.K.

[F99 The relevant authorities] shall ensure that all the actions included in the F100 ... strategy and in the F100 ... framework [F101 referred to in Article 36 of Regulation (EU) No 1308/2013] are verifiable and controllable. Where the assessment during the implementation of the operational programmes reveals that the requirements of verifiability and controllability are not met, the actions concerned shall be adjusted accordingly or deleted. F102 ... Environmental actions shall comply with the requirements set out in Article 33(5) of Regulation (EU) No 1308/2013.

Textual Amendments

F99 Words in Annex 1 Point 3.1 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), 22(28)(e)(i)(aa)

F100 Word in Annex 1 Point 3.1 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), 22(28)(e)(i)(bb)

F101 Words in Annex 1 Point 3.1 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), 22(28)(e)(i)(cc)

F102 Words in Annex 1 Point 3.1 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), 22(28)(e)(i)(dd)

[F103 The relevant authorities] shall adopt safeguards, provisions and checks for ensuring that actions selected as eligible for support are not also supported by other relevant instruments of the common agricultural policy, in particular by rural development and promotion programmes or other [F104 schemes funded in whole or in part by public funds]. Effective safeguards in place pursuant to Article 33(6) of Regulation (EU) No 1308/2013, to protect the environment from possible increased pressures coming from investments supported under operational programmes, and eligibility criteria adopted pursuant to Article 36(1) of that Regulation F105 ... .

Textual Amendments

F103 Words in Annex 1 Point 3.1 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), 22(28)(e)(ii)(aa)

F104 Words in Annex 1 Point 3.1 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), 22(28)(e)(ii)(bb)

F105 Words in Annex 1 Point 3.1 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), 22(28)(e)(ii)(cc)

3.2. Specific information required for types of actions aimed at the attainment of the objectives set out or referred to in Article 33(1) of Regulation (EU) No 1308/2013 (to be filled only for the types of actions selected). U.K.

3.2.1. Acquisition of fixed assets U.K.

• types of investments eligible for support,

• other forms of acquisition eligible for support, e.g. renting, leasing,

• details on eligibility conditions for support.

3.2.2. Other actions U.K.

• description of the types of actions eligible for support,

• details on eligibility conditions for support.

4. Designation of competent authorities and responsible bodies U.K.

Designation by the [F106 relevant authority] of the F107 ... authority responsible for the management, monitoring and evaluation of the F107 ... strategy.

Textual Amendments

F106 Words in Annex 1 Point 4 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), 22(28)(f)(i)

F107 Word in Annex 1 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), 22(28)(f)(ii)

5. A description of the monitoring and evaluation systems U.K.

The performance indicators set out by the F108 ... strategy shall comprise the indicators provided for in Article 4 and listed in Table 4.1 of Annex II. Where deemed appropriate, the F108 ... strategy shall specify additional indicators reflecting national or regional needs, conditions and objectives specific to the national operational programmes.

Textual Amendments

F108 Word in Annex 1 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), 22(28)(g)

5.1. Assessment of the operational programmes and reporting obligations for producer organisations as referred to in Article 36(2)(d) and (e) of Regulation (EU) No 1308/2013. U.K.

Description of the monitoring and evaluation requirements and procedures in relation to operational programmes, including the reporting obligations for producer organisations.

5.2. Monitoring and evaluation of the F109 ... strategy U.K.

Description of the monitoring and evaluation requirements and procedures in relation to the F109 ... strategy.

Textual Amendments

F109 Word in Annex 1 Point 5.2 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), 22(28)(h)

ANNEX II U.K. Annual Report Part A

STRUCTURE OF THE ANNUAL REPORT – PART A U.K.

These forms constitute the part A of the annual report that the [F110 appropriate authority is] required to [F111 publish] by 15 November each year [F112 starting in 2022,] in the year following the calendar year covered by the report.

Textual Amendments

F110 Words in Annex 2 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), 22(29)(a)(i)(aa)

F111 Word in Annex 2 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), 22(29)(a)(i)(bb)

F112 Words in Annex 2 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), 22(29)(a)(i)(cc)

These forms are based on the reporting requirements set out in Article 54(b) and in Annex V to Commission Delegated Regulation (EU) 2017/891, laying down detailed rules for the application of Regulation (EU) No 1308/2013 in respect of the fruit and vegetables and processed fruit and vegetables sectors.

F113 1. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113 Annex 2 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), 22(29)(a)(ii)

2. Information on producer organisations [F114 and associations of producer organisations] F115 ... U.K.

Table 2.1.	Producer organisations
F116 ...	F116 . . .
Table 2.3.	Associations of producer organisations
F116 ...	F116 . . .
F117 ...	F117 . . .

Textual Amendments

F116 Words in Annex 2 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), 6(13)(a)(i)(bb)

F117 Words in Annex 2 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), 22(29)(a)(iii)(bb)

Textual Amendments

F114 Words in Annex 2 Point 2 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), 6(13)(a)(i)(aa)

F115 Words in Annex 2 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), 22(29)(a)(iii)(aa)

3. Information related to expenditures U.K.

Table 3.1.	Expenditures related to producer organisations [F118 and associations of producer organisations]
Table 3.2.	Total expenditures of operational programmes for producer organisations [F118 and associations of producer organisations]
F119 ....	F119 . . .
F119 ...	F119 . . .

Textual Amendments

F118 Words in Annex 2 Point 3 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), 6(13)(a)(ii)

F119 Words in Annex 2 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), 22(29)(a)(iv)

4. Monitoring of operational programmes F120 ... U.K.

Table 4.1.	Indicators as regards producer organisations and [F121 associations of producer organisations]
F122 ...	F122 . . .

Textual Amendments

F121 Words in Annex 2 Point 4 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), 6(13)(a)(iii)

F122 Words in Annex 2 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), 22(29)(a)(v)(bb)

Textual Amendments

F120 Words in Annex 2 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), 22(29)(a)(v)(aa)

Explanatory notes U.K.

Abbreviations U.K.

Common market organisation	CMO
F123 . . .	F123 . . .
Producer organisation	PO
F124 . . .	F124 . . .
Association of producers organisation	APO
F124 . . .	F124 . . .
Operational fund	OF
Operational programme	OP
Value of marketed production	VMP
F123 . . .	F123 . . .

Textual Amendments

F123 Words in Annex 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), 22(29)(b)(i)

F124 Words in Annex 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), 6(13)(b)(i)

Country codes U.K.

Country name (source language)	Short name (English)	Code
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
F125 . . .	F125 . . .	F125 . . .
United Kingdom	United Kingdom	UK

Textual Amendments

F125 Words in Annex 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), 22(29)(b)(ii)

Region codes U.K.

F126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F126 Words in Annex 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), 22(29)(b)(iii)

Code number (ID) of POs [F127 and APOs] F128 ... U.K.

The code number of each PO [F129 or APO]F130 ... is UNIQUE. If a PO [F129 or APO]F130 ... has its recognition withdrawn, the same code number should never be used again.

Textual Amendments

F129 Words in Annex 2 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), 6(13)(b)(ii)(bb)

F130 Words in Annex 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), 22(29)(b)(iv)(bb)

Textual Amendments

F127 Words in Annex 2 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), 6(13)(b)(ii)(aa)

F128 Words in Annex 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), 22(29)(b)(iv)(aa)

Monetary values U.K.

F131 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F131 Words in Annex 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), 22(29)(b)(v)

Contact point for communication U.K.

[F132 Constituent nation]:		Year:
F133 . . .

Textual Amendments

F132 Words in Annex 2 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), 22(29)(c)(i)

F133 Words in Annex 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), 22(29)(c)(ii)

Organisation	Name
	Postal address
Contact person 1	Family name
	First name
	Job Title
	Email address
	Business phone
	Business fax
Contact person 2	Family name
	First name
	Job Title
	Email address
	Business phone
	Business fax

Annual Report – Part A U.K.

[F134 Constituent nation]:		Year:
F135 . . .

Textual Amendments

F134 Words in Annex 2 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), 22(29)(d)(i)

F135 Words in Annex 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), 22(29)(d)(ii)

SECTION 1 U.K. ADMINISTRATIVE INFORMATION

F136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F136 Annex 2 Section 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), 22(30)

SECTION 2 U.K. INFORMATION RELATED TO POs [F137 AND APOs] F138 ...

Table 2.1.

Producer organisations

a excluding mushrooms
Total number of recognised POs
Total number of suspended POs
Total number of POs for which the recognition was withdrawn
Total number of POs that merged with another (or more) PO(s)/APO(s) F139 ...		Total number of POs concerned
		Total number of new PO(s)/APO(s) F139 ...
		New ID number(s)
Number of members of POs		Total
		Legal entities
		Natural persons
		Number of fruit and/or vegetable producers
Total number of POs implementing an operational programme	— recognised POs
	— suspended POs
	— POs subject to merger
Part of the production intended for the fresh market		Value
		Volume (tonnes)
Part of the production intended for processing		Value
		Volume (tonnes)
Total area under fruit and vegetables production (ha) a

Textual Amendments

F139 Word in Annex 2 Section 2 Table 2.1 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), 6(14)(b)

F140 Table 2.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F140 Annex 2 Section 2 Table 2.2 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), 6(14)(c)

Table 2.3.

Associations of producer organisations F141 ...

F141 ...
a excluding mushrooms
Total number of recognised APOs
	—Number of PO members
Total number of suspended APOs
	—Number of PO members
Total number of APOs for which the recognition was withdrawn
	—Number of PO members
Total number of APOs that merged with another (or more) APO(s) F142 ...		Total number of APOs concerned
		Total number of new APO(s) F142 ...
		New ID number(s)
Number of members of APOs		Total
		Legal entities
		Natural persons
		Number of fruit and/or vegetable producers
Total number of APOs implementing an operational programme	—recognised APOs		with entire OP
			with partial OP
	—suspended APOs		with entire OP
			with partial OP
	—APOs subject to merger		with entire OP
			with partial OP
Part of the production intended for the fresh market		Value
		Volume (tonnes)
Part of the production intended for processing		Value
		Volume (tonnes)
Total area under fruit and vegetables production (ha) a

Textual Amendments

F141 Words in Annex 2 Section 2 Table 2.3 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), 22(31)(b)

F142 Word in Annex 2 Section 2 Table 2.3 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), 6(14)(d)

F143 Table 2.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F143 Annex 2 Section 2 Table 2.4 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), 6(14)(e)

F144 Table 2.5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F144 Annex 2 Section 2 Table 2.5 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), 22(31)(c)

Textual Amendments

F137 Words in Annex 2 Section 2 heading 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), 6(14)(a)

F138 Words in Annex 2 Section 2 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), 22(31)(a)

Annual Report – Part A U.K.

[F145 Constituent nation]:		Year:
Region

Textual Amendments

F145 Words in Annex 2 Section 2 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), 22(31)(d)

SECTION 3 U.K. EXPENDITURES INFORMATION

Table 3.1.

Expenditures related to POs [F146 and APOs]

		All POs	F147 ...	All APOs	F147 ...
Operational Fund	Total approved
	— Amount of the financial contribution of the organisation and/or organisation's members
	— Amount of the [F148 financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013]
Final Operational Fund	Total spent
	— Amount of the financial contribution of the organisation's member
	— Amount of the [F148 financial assistance referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013]
[F149 Additional] financial assistance	Amount of the [F149 Additional] financial assistance actually paid
	F150 . . .
	List of the beneficiary regions under Article 35 of Regulation (EU) No 1308/2013
Value of marketed production (calculated in accordance with Article 22 of Regulation (EU) 2017/891)

Textual Amendments

F146 Words in Annex 2 Section 3 Table 3.1 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), 6(15)(a)(i)

F147 Words in Annex 2 Section 3 Table 3.1 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), 6(15)(a)(ii)

F148 Words in Annex 2 Section 3 Table 3.1 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), 22(32)(a)(i)

F149 Word in Annex 2 Section 3 Table 3.1 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), 22(32)(a)(ii)

F150 Words in Annex 2 Section 3 Table 3.1 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), 22(32)(a)(iii)

F151 ...

Textual Amendments

F151 Words in Annex 2 Section 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), 22(32)(b)

Table 3.2.

Total actual expenditures of operational programmes for POs [F152 and APOs]

Note: Regulation (EU) No 1308/2013 provides for the following objectives: — Planning of production Articles 33(1)(a) and 152(1)(c)(i),(ii) and (xi) — Improvement of product quality Articles 33(1)(b) and 152(1)(c)(i),(iv) and (vi) — Boosting products' commercial value Articles 33(1)(c) and 152(1)(c)(i),(ii),(iii),(iv),(ix) and (xi) — Promotion of the products Article 33(1)(d) and 152(1)(c)(vi) and (ix) — Environmental measures Articles 33(1)(e) and 152(1)(c)(iii),(iv), (v),(vii) and (viii) — Crisis prevention and management Articles 33(1)(f), [F153 33(3)] and 152(1)(c)(iv) and (xi) — Research Article 152(1)(c)(iv)
Actions/Measures Article 2(f)and (g) of Regulation (EU) 2017/891	Objectives Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013	Total actual expenditures F154 ...
		All POs	F155 ...	All APOs	F155 ...
Investments	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures
	F156 . . .
	Research
Research and experimental production	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures
Quality schemes F157 ... and measures related to quality improvement	Improvement of product quality
Promotion and communications	Boosting products' commercial value
	Promotion of the products
	Crisis prevention and management
Training and exchange of best practices	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures
	Crisis prevention and management
Advisory services and technical assistance	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures
Organic production	Environmental measures
Integrated production
Improved use or management of water, including water saving and drainage
Actions to conserve soil
Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features
Actions favouring energy saving (excluding transport)
Action related to reduction of waste production and to improve waste management
Transport
Marketing
Setting-up mutual funds	Crisis prevention and management
Replenishment of mutual funds
F158 . . .
F158 ...
F158 ...
F158 ...
F158 ...
F158 ...
Harvest insurance
F159 . . .
Administrative costs	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures
	Crisis prevention and management
	Research
Others	Planning of production
	Improvement of product quality
	Boosting products' commercial value
	Environmental measures

Textual Amendments

F152 Words in Annex 2 Section 3 Table 3.2 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), 6(15)(b)(i)

F153 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(vi)

F154 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(i)

F155 Words in Annex 2 Section 3 Table 3.2 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), 6(15)(b)(ii)

F156 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(ii)

F157 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(iii)

F158 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(iv)

F159 Words in Annex 2 Section 3 Table 3.2 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), 22(32)(c)(v)

F160 Table 3.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 Annex 2 Section 3 Table 3.3 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), 22(32)(d)

F161 Table 3.4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Annex 2 Section 3 Table 3.4 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), 22(32)(d)

Annual Report – Part A U.K.

[F162 Constituent nation]:		Year:
F163 . . .

Textual Amendments

F162 Words in Annex 2 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), 22(32)(e)(i)

F163 Words in Annex 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), 22(32)(e)(ii)

SECTION 4 U.K. MONITORING OF OPERATIONAL PROGRAMMES

The indicators related to actions undertaken by recognised producer organisations [F164 and associations] of producer organisations F165 ...F166 ... under an operational programme F167 ... does not necessarily capture all the factors that may intervene and affect the outputs, results and impact of an operational programme F167 ... . In this context, the information provided by the indicators should be interpreted in the light of quantitative and qualitative information relating to other key factors contributing to the success or failure of the [F168 programme's] implementation.

Textual Amendments

F164 Words in Annex 2 Section 4 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), 6(16)(a)(i)

F165 Words in Annex 2 Section 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), 6(16)(a)(ii)

F166 Words in Annex 2 Section 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), 22(33)(a)(i)(aa)

F167 Words in Annex 2 Section 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), 22(33)(a)(i)(bb)

F168 Word in Annex 2 Section 4 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), 22(33)(a)(i)(cc)

F169 ...

Textual Amendments

F169 Words in Annex 2 Section 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), 22(33)(a)(ii)

Table 4.1.

Indicators as regards POs [F170 and APOs]

a Including non-productive investments linked to the achievement of commitments undertaken under the operational programme.
b Refers to a set of detailed obligations concerning the production methods (a) the respect of which is subject to independent inspection, and (b) that result in a final product the quality of which (i) goes significantly beyond the normal commercial standards as regards public health, plant health or environmental standards and (ii) responds to current and foreseeable market opportunities. It is proposed that the main types of ‘quality schemes’ cover the following: (a) certified organic production; (b) protected geographical indications and protected designations of origin, (c) certified integrated production, (d) private certified product quality schemes.
c Protected designations of origin/Protected Geographical Indications/Traditional Speciality Guaranteed
d Each day of a promotion/communication campaign counts as one action.
e ‘At risk of soil erosion’ shall mean any sloping plot with an inclination higher than 10 %, whether or not anti-erosion measures (e.g. soil cover, crop rotation, etc.) have been taken. Where the relevant information is available, [F171 the appropriate authority] may instead use the following definition: ‘At risk of soil erosion’ shall mean any plot with a predicted loss of soil exceeding the rate of natural soil formation, whether or not anti-erosion measures (e.g. soil cover or crop rotation) have been taken.
f Actions relating to the setting up/refilling of different mutual funds count as different actions.
g Market withdrawal of the same product in different periods of the year and market withdrawals of different products count as different actions. Each market withdrawal operation for a given product counts as one action.
h Green-harvesting and non-harvesting of different products count as different actions. Green harvesting and non-harvesting of the same product count as one action, regardless of the number of days they take, the number of holdings participating and the number of plots or hectares concerned.
Actions/Measures Article 2(f)and (g) of Regulation (EU) 2017/891	Objectives Articles 33(1) and (3) and 152(1)(c) of Regulation (EU) No 1308/2013	Indicators		All POs	F172 ...	All APOs	F172 ...
Investments a	Planning of production	Number of holdings
		Total value
	Improvement of product quality	Number of holdings
		Total value
	Boosting products' commercial value	Number of holdings
		Total value
		Total value of marketed production/Total volume of marketed production ([F173 pounds sterling]/kg)
	Environmental measures	Number of holdings
		Total value
	F174 . . .	F174 . . .
		F174 . . .
	Research	Number of holdings
		Total value
Research and experimental production	Planning of production	Total value
		Number of holdings
	Improvement of product quality	Total value
		Number of holdings
	Boosting products' commercial value	Total value
		Number of holdings
	Environmental measures	Number of holdings
		Total value
Quality schemes F175 ... b and measures related to quality improvement	Improvement of product quality	Area of PDO/PGI/TSG c (ha)
		Number of holdings
		Volume (tonnes)
Promotion and communications d	Boosting products' commercial value	Number of holdings
		Number of promotion campaigns
	Promotion of the products	Number of holdings
		Number of promotion campaigns
	Crisis prevention and management	Number of holdings
		Number of promotion campaigns
Training and exchange of best practices	Planning of production	Number of holdings
		Number of actions
	Improvement of product quality	Number of holdings
		Number of actions
	Boosting products' commercial value	Number of holdings
		Number of actions
	Environmental measures	Number of holdings
		Number of actions
	Crisis prevention and management	Number of holdings
		Number of actions
Advisory services and technical assistance	Planning of production	Number of holdings
		Number of actions
	Improvement of product quality	Number of holdings
		Number of actions
	Boosting products' commercial value	Number of holdings
		Number of actions
	Environmental measures	Number of holdings
		Number of actions
Organic production	Environmental measures	Area under organic production of fruit and/or vegetables (ha)
		Number of holdings
Integrated production		Area under integrated production of fruit and/or vegetables (ha)
		Number of holdings
Improved use or management of water, including water saving and drainage		Area under fruit and vegetable production subject to reduction in use of water (ha)
		Number of holdings
		Difference of volume (m 3 ) (n – 1/n)
Actions to conserve soil		Area under fruit and vegetable production at risk of soil erosion where anti-erosion measures are implemented (ha) e
		Number of holdings
		Difference of fertiliser use per ha (tonnes/ha) (n – 1/n)
Actions to create or maintain habitat favourable for biodiversity or to maintain the landscape, including the conservation of historical features		Area concerned by actions contributing to habitat and biodiversity protection (ha)
		Number of holdings
Actions favouring energy saving (excluding transport)		Area under fruit and vegetable production subject to reduction in use of energy (ha)
		Number of holdings
		Difference of energy consumption (n – 1/n):
		Solids	(tonnes/volume of marketed production)
		Liquids	(L/volume of marketed production)
		Gas	(m 3 /volume of marketed production)
		Electricity	(kwh/volume of marketed production)
Action related to reduction of waste production and to improve waste management		Number of holdings
		Difference of volume of waste (m 3 /volume of marketed production) (n – 1/n)
		Difference of volume of packaging (m 3 /volume of marketed production) (n – 1./n)
Transport		Difference of energy consumption (n – 1./n):
		Liquids	(L/volume of marketed production)
		Gas	(m 3 /volume of marketed production)
		Electricity	(kwh/volume of marketed production)
Marketing		Number of holdings
		Number of actions
Setting-up mutual funds f	Crisis prevention and management	Number of holdings
Replenishment of mutual funds g		Number of holdings
F176 . . .		F176 . . .
F176 . . .		F176 . . .
F176 . . .		F176 . . .
		F176 . . .
F176 . . .		F176 . . .
		F176 . . .
Harvest insurance		Number of holdings
F177 . . .		F177 . . .
Others	Planning of production	Number of holdings
	Improvement of product quality	Number of holdings
	Boosting products' commercial value	Number of holdings
	Environmental measures	Number of holdings

Textual Amendments

F170 Words in Annex 2 Section 4 Table 4.1 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), 6(16)(b)(i)

F171 Words in Annex 2 Section 4 Table 4.1 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), 22(33)(b)(v)

F172 Words in Annex 2 Section 4 Table 4.1 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), 6(16)(b)(ii)

F173 Words in Annex 2 Section 4 Table 4.1 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), 22(33)(b)(i)(aa)

F174 Words in Annex 2 Section 4 Table 4.1 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), 22(33)(b)(i)(bb)

F175 Words in Annex 2 Section 4 Table 4.1 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), 22(33)(b)(ii)

F176 Words in Annex 2 Section 4 Table 4.1 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), 22(33)(b)(iii)

F177 Words in Annex 2 Section 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), 22(33)(b)(iv)

F178 Table 4.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F178 Annex 2 Section 4 Table 4.2 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), 22(33)(c)

ANNEX III U.K.

F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179 Annexes 3-6 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), 22(34)

ANNEX IV U.K.

F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX V U.K.

F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VI U.K.

F179 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ANNEX VII U.K. Products and periods for the application of additional import duties as referred to in Article 39

Without prejudice to the rules on 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 additional duties is determined by the scope of the CN codes as they stand at the time of adoption of this Regulation.

Order number	CN code	Description of products	Period of application
78.0015	0702 00 00	Tomatoes	From 1 October to 31 May
78.0020			From 1 June to 30 September
78.0065	0707 00 05	Cucumbers	From 1 May to 31 October
78.0075			From 1 November to 30 April
78.0085	0709 91 00	Artichokes	From 1 November to 30 June
78.0100	0709 93 10	Courgettes	From 1 January to 31 December
78.0110	0805 10 20	Oranges	From 1 December to 31 May
78.0120	0805 20 10	Clementines	From 1 November to end of February
78.0130	0805 20 300805 20 500805 20 700805 20 90	Mandarins (including tangerines and satsumas); wilkings and similar citrus hybrids	From 1 November to end of February
78.0155	0805 50 10	Lemons	From 1 June to 31 December
78.0160			From 1 January to 31 May
78.0170	0806 10 10	Table grapes	From 16 July to 16 November
78.0175	0808 10 80	Apples	From 1 January to 31 August
78.0180			From 1 September to 31 December
78.0220	0808 30 90	Pears	From 1 January to 30 April
78.0235			From 1 July to 31 December
78.0250	0809 10 00	Apricots	From 1 June to 31 July
78.0265	0809 29 00	Cherries, other than sour	From 16 May to 15 August
78.0270	0809 30	Peaches, including nectarines	From 16 June to 30 September
78.0280	0809 40 05	Plums	From 16 June to 30 September

(1)

OJ L 347, 20.12.2013, p. 671.

(2)

OJ L 347, 20.12.2013, p. 549.

(3)

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

(4)

Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1).

(5)

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 (see p. 4 of this Official Journal).

(6)

Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

(7)

Regulation (EU) No 1144/2014 of the European Parliament and of the Council of 22 October 2014 on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008 (OJ L 317, 4.11.2014, p. 56).

(8)

Commission Delegated Regulation (EU) No 907/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro (OJ L 255, 28.8.2014, p. 18).

(9)

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

(10)

http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm