17.10.2007   

EN

Official Journal of the European Union

L 273/1

(1)

The current regime for the fruit and vegetables sector is laid down in Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (2), Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (3) and Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruits (4).

(2)

In the light of experience it is necessary to change the regime for the fruit and vegetables sector in order to achieve the following objectives: improving the competitiveness and market orientation of the sector so as to contribute to achieving sustainable production that is competitive both on internal and external markets; reducing fluctuations in producers’ income resulting from crises on the market; increasing the consumption of fruit and vegetables in the Community; and continuing the efforts made by the sector to maintain and protect the environment.

(3)

Since those objectives cannot be sufficiently achieved by the Member States due to the common nature of the market in fruit and vegetables and can therefore, by reason of the need for further common action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

(4)

The Commission has submitted a separate proposal for a Council Regulation establishing a common organisation of agricultural markets which could initially incorporate certain provisions of a horizontal nature covering the fruit and vegetables sector and applying to a range of other agricultural products, in particular provisions on a management committee. It is appropriate to leave such provisions in Regulations (EC) No 2200/96 and (EC) No 2201/96. Those provisions should however be updated, simplified and streamlined so as to allow for their easy incorporation into the Regulation establishing a common organisation of agricultural markets.

(5)

As regards other provisions specific to the fruit and vegetables sector, the scope of the changes to the current regime make it necessary, in the interests of clarity, to incorporate all such provisions into a separate Regulation. Where such provisions are to some extent also of a horizontal nature and apply to a range of other agricultural products, such as those on marketing standards and trade with third countries, they should also be updated and simplified so as to allow for their easy incorporation, at a later date, into the abovementioned Regulation establishing a common organisation of agricultural markets. This Regulation should not, therefore, repeal or change existing instruments of a horizontal nature unless they have become obsolete, redundant or should not, by their very nature, be dealt with at Council level.

(6)

The scope of this Regulation should be products covered by the common market organisations of the markets in fruit and vegetables and processed fruit and vegetables. However, the provisions on producer organisations and interbranch organisations and agreements apply only to products covered by the common market organisation for fruit and vegetables and this distinction should be maintained. The scope of the common market organisation in fruit and vegetables should also be extended to certain culinary herbs to allow them to benefit from that regime. Thyme and saffron are currently covered by Council Regulation (EEC) No 827/68 of 28 June 1968 on the common organisation of the market in certain products listed in Annex II to the Treaty (5), from which they should therefore be removed.

(7)

Marketing standards, in particular relating to definition, quality, grading into classes, sizing, packaging, wrapping, storage, transport, presentation, marketing and labelling, should apply in respect of certain products to permit the market to be supplied with products of uniform and satisfactory quality. Moreover, special measures, in particular up-to-date methods of analysis and other measures to determine the characteristics of the standards concerned, may need to be adopted to avoid abuses as regards the quality and authenticity of the products presented to the consumers and the significant disturbances on the markets to which such abuses may give rise.

(8)

Currently, Council Directive 2001/112/EC of 20 December 2001 relating to fruit juices and certain similar products intended for human consumption (6) and Council Directive 2001/113/EC of 20 December 2001 relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption (7) lay down specific provisions regarding production, composition and labelling of these products. However, those rules are not fully updated to take account of developments in relevant international standards and should therefore be modified to allow for such updating.

(9)

The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside.

(10)

Producer organisations are the basic actors in the fruit and vegetables regime, the decentralised operation of which they ensure at their level. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. Such grouping should be effected on a voluntary basis and prove its utility by the scope and efficiency of the services offered by producer organisations to their members. Since producer organisations act exclusively in the interests of their members, they should be deemed as acting in the name and on behalf of their members in economic matters.

(11)

Experience shows that producer organisations are the proper tool for grouping supply. However, the spread of producer organisations in different Member States has been uneven. In order to further improve the attractiveness of producer organisations, provision should be made for more flexibility in their operation wherever possible. Such flexibility should concern in particular the product range of a producer organisation, the extent of direct sales permitted and the extension of rules to non-members as well as permitting associations of producer organisations to carry out any of the activities of their members and permitting the outsourcing of activities, including to subsidiaries, in both cases subject to necessary conditions.

(12)

A producer organisation should not be recognised by its Member State as able to contribute to the achievement of the objectives of the common market organisation unless its articles of association impose certain requirements on it and its members. The establishment and proper functioning of operational funds require that producer organisations should in general take charge of the whole of the relevant fruit and vegetable production of their members.

(13)

Producer groups in Member States which acceded to the European Union on 1 May 2004 or after that date and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed the benefit of a transitional period during which national and Community financial support can be given against certain commitments by the producer group.

(14)

In order to give producer organisations greater responsibility for their financial decisions in particular and to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources. Joint financing of operational funds set up by producer organisations is an appropriate solution. Additional scope for financing should be permitted in particular cases. In order to control Community expenditure, there should be a cap on assistance granted to producer organisations that establish operational funds.

(15)

In regions where the organisation of production is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions should be reimbursable by the Community.

(16)

In order to simplify and reduce the cost of the scheme it could be helpful to align, where possible, the procedures and rules for the eligibility of expenditure under operational funds with those of rural development programmes by requiring Member States to establish a national strategy for operational programs.

(17)

In order to further boost the impact of producer organisations and associations thereof and ensure the market as much stability as is desirable, Member States should be allowed on certain conditions to extend to non-member producers in their region the rules, particularly on production, marketing and environmental protection, adopted for its members by the organisation or association for the region concerned. Where proper justification is given, certain costs arising from the extension of the rules should be chargeable to the producers concerned since they will benefit from the extension. However, organic producers should not be subject to the extension of the rules without the consent of a substantial part of such producers. It is necessary to permit the rapid extension of such rules for crisis prevention and management measures in order to deal promptly with crises.

(18)

A number of heterogeneous aid schemes for certain fruit and vegetables were set out in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The number and variety of those schemes have made them complex to administer. Whilst they were targeted at certain specific fruits and vegetables, they have not been able to fully take into account regional conditions of production, and have not covered all fruit and vegetables. It is therefore appropriate to seek a different tool for supporting fruit and vegetable producers.

(19)

Furthermore, the aid schemes for fruit and vegetables were not fully integrated into Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (8). This had led to certain complexities and rigidities in the administration of those schemes.

(20)

In the interests of a more targeted but flexible system of support for the fruit and vegetables sector and in the interests of simplification, it is therefore appropriate to abolish the existing aid schemes and fully include fruit and vegetables in the scheme established by Regulation (EC) No 1782/2003. To this end it is necessary to provide that farmers who produced fruit and vegetables in the reference period should be eligible for the single payment scheme. Provision should also be made for the establishment by Member States of reference amounts and eligible hectares under the single payment scheme on the basis of a representative period appropriate to the market of each fruit and vegetable product and of appropriate objective and non-discriminatory criteria. Areas planted with fruit and vegetables, including permanent fruits and vegetables as well as nurseries should be eligible for the single payment scheme. National ceilings should be amended accordingly. In order to provide time for the sectors concerned to adapt to their integration into the single payment scheme, transitional periods should be provided for. In particular, provision should be made for decoupled fruit and vegetables payments and temporary coupled area aids for certain products intended for processing, which were eligible under the existing aid schemes, as well as strawberries and raspberries. For the latter products a national top-up to the Community aid may also be granted. Provision should also be made for the Commission to adopt detailed implementing rules and any necessary transitional measures with regard to the above.

(21)

The production of fruit and vegetables is unpredictable and the products are perishable. Surplus on the market, even if it is not too great, can significantly disturb the market. Some schemes for market withdrawals have been operated but have proved somewhat complex to administer. A number of further measures for crisis management should be introduced in a manner as easy to apply as possible. Integration of all such measures into the operational programmes of producer organisations appears the best approach in these circumstances, and should also provide for increased attractiveness of producer organisations for producers. However in order to allow crisis management measures to be extended to non-members of producer organisations, Member States should be authorised for a transitional period to grant a state aid in such cases. The aid should however be less than that received by members of the producer organisation in order to make membership attractive. The operation of this state aid should be reviewed at the end of the transitional period.

(22)

The integration of ware potatoes into the scheme set out in Regulation (EC) No 1782/2003 implies that, in order to safeguard the proper working of the single market based on common prices, the provisions of the Treaty governing State aid should also apply to ware potatoes, subject to a transitional period to allow for the adaptation of the sector.

(23)

Council Regulation (EC) No 2826/2000 of 19 December 2000 on information and promotion actions for agricultural products on the internal market (9) provides for a Community contribution to certain promotion actions of up to 50 %. In order to promote the consumption of fruit and vegetables amongst children in educational establishments, that percentage should be increased for promotion of fruit and vegetables in this case.

(24)

Interbranch organisations set up on the initiative of individual or already grouped operators can, if they account for a significant proportion of the members of the various occupational categories of the fruit and vegetable sector, contribute to behaviour taking closer account of market realities and facilitate a commercial approach that will improve production reporting, in particular as regards the organisation of production, product presentation and marketing. Since the work of these organisations is able to contribute in general to attaining the objectives of Article 33 of the Treaty, and in particular those of this Regulation, it should, once the relevant forms of action are defined, be possible to grant specific recognition to those organisations which provide proof of sufficient representativeness and carry out practical action in regard to those objectives. The provisions on extending the rules adopted by producer organisations and their associations and on sharing the costs resulting from such extension should, given the similarity of the objectives pursued, also apply to interbranch organisations.

(25)

The creation of a single Community market involves the introduction of a trading system at the external borders of the Community. That trading system should include import duties and should, in principle, stabilise the Community market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations.

(26)

The application of the entry price system for fruit and vegetables requires the adoption of specific provisions to take account of the international commitments of the Community.

(27)

Monitoring the volume of trade in agricultural products with third countries may, in respect of certain products, require the introduction of licensing systems for imports and exports including the lodging of a security to ensure that the transactions for which such licences are issued are actually carried out. The Commission should, therefore, be empowered to introduce licensing systems in respect of such products.

(28)

In order to prevent or counteract adverse effects on the Community market which could result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, if certain conditions are fulfilled.

(29)

It is appropriate, under certain conditions, to confer on the Commission the power to open and administer tariff quotas resulting from international agreements concluded in accordance with the Treaty or from other acts of the Council.

(30)

The customs duty system makes it possible to dispense with all other protective measures at the external frontiers of the Community. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Community market without defence against disturbances that might ensue, the Community should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Community.

(31)

To ensure that those trading arrangements can function properly, provision should be made for regulating or, when the situation on the market so requires, prohibiting the use of inward or outward processing arrangements.

(32)

To continue to provide for a legal base for export refunds for sugar incorporated into certain processed fruit and vegetables products as provided for in Article 16(1)(b) of Regulation (EC) No 2201/96, the list of products concerned should be added to that contained in Annex VII to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (10).

(33)

Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 should therefore be amended accordingly.

(34)

Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments.

(35)

The proper working of the single market based on common prices would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to the products covered by this Regulation. However, provision should be made for a one-off State aid for the tomato processing sector in Italy and Spain in order to support its adaptation to the provisions of this Regulation.

(36)

Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Community in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (11).

(37)

The fruit and vegetables regime provides for compliance with certain obligations. To guarantee compliance with those obligations, there is a need for controls and the application of penalties in case of non-compliance with such obligations. Power should therefore be conferred on the Commission to introduce the corresponding rules, including those concerning the recovery of undue payments and the reporting obligations of the Member States. The special corps of inspectors in the fruit and vegetables sector will no longer be necessary under the new regime and should therefore be abolished.

(38)

The aid scheme established by Regulation (EC) No 2202/96 is to be abolished. That Regulation will thus no longer have any purpose and should therefore be repealed.

(39)

The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (12).

(40)

In the interests of simplification, the separate committees for fresh fruit and vegetables, and processed fruit and vegetables should be abolished and replaced by a single committee for fruit and vegetables to be established under Regulation (EC) No 2200/96.

(41)

The change-over from the existing arrangements to those provided for by this Regulation could give rise to difficulties which are not dealt with in this Regulation. In order to deal with such difficulties, the Commission should be enabled to adopt transitional measures. Furthermore, provision should be made for continued recognition of producer organisations and associations of producer organisations recognised under Regulation (EC) No 2200/96 and the possible continuation of operational programmes approved under that Regulation, as well as similar provisions for producer groups recognised under Regulation (EC) No 2200/96 and their recognition plans.

(42)

This Regulation should, as a general rule, apply from 1 January 2008. However, in order to avoid the interruption of the aid schemes for processed fruit and vegetable products and citrus fruits part-way through a marketing year, such aid schemes should be allowed to run until the end of the 2007/2008 marketing year,

(a)

shall apply at all marketing stages including import and export unless otherwise provided for by the Commission;

(b)

shall be established taking into account, in particular, the specificities of the products concerned, the need to ensure the conditions for a smooth disposal of those products on the market and the interest of consumers in receiving adequate and transparent product information as regards in particular the country of origin, the class and, where appropriate, the variety (or the commercial type) of the product;

(c)

may in particular relate to quality, grading into classes, sizing, packaging, wrapping, storage, transport, presentation, marketing and labelling.

(a)

it is formed on the initiative of farmers within the meaning of Article 2(a) of Regulation (EC) No 1782/2003, who are growers of one or more products listed in Article 1(2) of Regulation (EC) No 2200/96 and/or of such products intended solely for processing;

(b)

it has the objective of the use of environmentally sound cultivation practices, production techniques and waste management practices, in particular to protect the quality of water, soil and landscape, and preserve or encourage biodiversity;

(c)

it has one or more of the following objectives:

(d)

its articles of association provide for the specific requirements as laid down in paragraph 2; and

(e)

it has been recognised by the Member State concerned pursuant to Article 4.

(a)

apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment;

(b)

belong to only one producer organisation in respect of a given holding’s production of any given product referred to in paragraph 1(a);

(c)

market their entire production concerned through the producer organisation;

(d)

provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped, yields and direct sales;

(e)

pay the financial contributions provided for in its articles of association for the establishment and replenishment of the operational fund provided for in Article 8.

(a)

sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10 %;

(b)

market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation;

(c)

market themselves or through another producer organisation designated by their own organisation products which, because of their characteristics, are not normally covered by the commercial activities of the producer organisation concerned.

(a)

procedures for determining, adopting and amending the rules referred to in paragraph 2;

(b)

the imposition on members of financial contributions needed to finance the producer organisation;

(c)

rules enabling the producer members to scrutinise democratically their organisation and its decisions;

(d)

penalties for infringement of obligations under the articles of association, particularly non-payment of financial contributions, or of the rules laid down by the producer organisation;

(e)

rules on the admission of new members, particularly a minimum membership period;

(f)

the accounting and budgetary rules necessary for the operation of the organisation.

(a)

they meet the requirements laid down in Article 3 and provide the relevant evidence thereof;

(b)

they have a minimum number of members and cover a minimum volume or value of marketable production to be laid down by Member States, and provide the relevant evidence thereof;

(c)

there is sufficient evidence that they can carry out their activities properly over time and in terms of effectiveness and concentration of supply, for which purpose Member States may decide which of the products or groups of products referred to in Article 3(1)(a) should be covered by the producer organisation;

(d)

they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices;

(e)

they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce;

(f)

they ensure proper commercial and accounting management of their activities; and

(g)

they do not hold a dominant position in a given market unless this is necessary in pursuance of the goals of Article 33 of the Treaty.

(a)

decide whether to grant recognition to a producer organisation within three months of the lodging of an application accompanied by all the relevant evidence;

(b)

carry out checks at regular intervals to ascertain whether producer organisations comply with this Title, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition;

(c)

notify the Commission, once per year, of every decision to grant, refuse or withdraw recognition.

(a)

the Member State considers that the association is capable of effectively carrying out those activities; and

(b)

the association does not hold a dominant position in a given market unless this is necessary in pursuance of the goals of Article 33 of the Treaty.

(a)

aid to encourage their formation and facilitate their administrative operation;

(b)

aid, provided either directly or through credit institutions, to cover part of the investments required to attain recognition and set out in the recognition plan referred to in the third subparagraph of paragraph 1.

(a)

10 %, 10 %, 8 %, 6 % and 4 %, respectively, of the value of marketed production in the case of producer groups in Member States which acceded to the European Union on 1 May 2004 or after that date; and

(b)

5 %, 5 %, 4 %, 3 % and 2 %, respectively, of the value of marketed production in the case of producer groups in the outermost regions of the Community as referred to in Article 299(2) of the Treaty or in the smaller Aegean Islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006.

(a)

financial contributions of members or of the producer organisation itself;

(b)

Community financial assistance which may be granted to producer organisations.

(a)

planning of production;

(b)

improvement of product quality;

(c)

boosting the commercial value of products;

(d)

promotion of the products, whether in a fresh or processed form;

(e)

environmental measures and methods of production respecting the environment, including organic farming;

(f)

crisis prevention and management.

(a)

market withdrawal;

(b)

green harvesting or non-harvesting of fruit and vegetables;

(c)

promotion and communication;

(d)

training measures;

(e)

harvest insurance;

(f)

support for the administrative costs of setting up mutual funds.

(a)

operational programmes shall include two or more environmental actions, or

(b)

at least 10 % of the expenditure under operational programmes shall cover environmental actions.

(a)

it is submitted by several Community producer organisations operating in different Member States on transnational schemes;

(b)

it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;

(c)

it covers solely specific support for the production of organic products covered by Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (15);

(d)

it is submitted by a producer organisation in one of the Member States which acceded to the European Union on 1 May 2004 or after that date for measures running no later than the end of 2013;

(e)

it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;

(f)

it is the first to be submitted by a recognised association of producer organisations;

(g)

it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;

(h)

it is submitted by a producer organisation in one of the outermost regions of the Community;

(i)

it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments.

(a)

free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;

(b)

free distribution to penal institutions, schools and public education institutions, and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.

(a)

an analysis of the situation in terms of strengths and weaknesses and the potential for development;

(b)

justification of the priorities chosen;

(c)

the objectives of operational programmes and instruments, as well as performance indicators;

(d)

assessment of operational programmes;

(e)

reporting obligations for producer organisations.

(a)

the rules referred to in Article 3(2)(a);

(b)

the rules required to implement the measures referred to in Article 9(2)(c).

(a)

have been in force for at least one marketing year;

(b)

are included in the exhaustive list in Annex I;

(c)

are made binding for no more than three marketing years.

(a)

shall not cause any damage to other producers in the Member State concerned or in the Community;

(b)

shall not apply, unless they expressly cover them, to products delivered for processing under a contract signed before the beginning of the marketing year, with the exception of the rules on production reporting referred to in Article 3(2)(a);

(c)

shall not be incompatible with Community and national rules in force.

(a)

where it finds that the extension in question to other producers excludes competition in a substantial part of the internal market or jeopardises free trade, or that the objectives of Article 33 of the Treaty are endangered;

(b)

where it finds that Article 81(1) of the Treaty applies to the rules extended to other producers. The Commission’s decision with regard to those rules shall apply only from the date of such a finding;

(c)

where it finds after checks that this Chapter has not been complied with.

(a)

administrative costs resulting from application of the rules referred to in Article 14(1);

(b)

the cost of research, market studies and sales promotion undertaken by the organisation or association and benefiting all producers in the area.

(a)

is made up of representatives of economic activities linked to the production of and/or trade in and/or processing of the products listed in Article 1(2) of Regulation (EC) No 2200/96;

(b)

is established at the initiative of all or some of the organisations or associations which constitute it;

(c)

carries out two or more of the following activities in one or more regions of the Community, taking into account the interests of consumers:

(d)

has been recognised by the Member State concerned in accordance with Article 21.

(a)

they carry out their activity in one or more regions in the Member State concerned;

(b)

they represent a significant share of the production of and/or trade in and/or processing of fruit and vegetables and products processed from fruit and vegetables in the region or regions in question and, where more than one region is involved, they can demonstrate a minimum level of representativeness in each region for each of the branches that they group;

(c)

they carry out two or more of the activities referred to in Article 20(c);

(d)

they are not themselves engaged in the production or processing or marketing of fruit and vegetables or products processed from fruit and vegetables;

(e)

they do not engage in any of the agreements, decisions and concerted practices referred to in Article 22(4).

(a)

decide whether to grant recognition within three months of the lodging of an application with all relevant supporting documents;

(b)

carry out checks at regular intervals to ascertain that interbranch organisations comply with the terms and conditions for recognition, impose penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition;

(c)

withdraw recognition if:

(d)

notify the Commission, within two months, of any decision to grant, refuse or withdraw recognition.

(a)

the agreements, decisions and concerted practices have been notified to the Commission;

(b)

within two months of receipt of all the details required the Commission has not found that the agreements, decisions or concerted practices are incompatible with Community rules.

(a)

agreements, decisions and concerted practices which may lead to the partitioning of markets in any form within the Community;

(b)

agreements, decisions and concerted practices which may affect the sound operation of the market organisation;

(c)

agreements, decisions and concerted practices which may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation activity;

(d)

agreements, decisions and concerted practices which entail the fixing of prices, without prejudice to activities carried out by interbranch organisations in the application of specific Community rules;

(e)

agreements, decisions and concerted practices which may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

(a)

shall have one of the following aims:

(b)

shall have been in force for at least one marketing year;

(c)

may be made binding for no more than three marketing years;

(d)

shall not cause any damage to other operators in the Member State concerned or the Community.

(a)

the levying of any charge having equivalent effect to a customs duty;

(b)

the application of any quantitative restriction or measure having equivalent effect.

(a)

the imports are made at a price below the level notified by the Community to the World Trade Organisation (‘the trigger price’); or

(b)

the volume of imports in any year exceeds a certain level (‘the trigger volume’).

(a)

the products to which additional import duties shall be applied;

(b)

other criteria necessary to ensure application of paragraph 1.

(a)

a method based on the chronological order of the lodging of applications (‘first come, first served’ principle);

(b)

a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’);

(c)

a method based on taking into account traditional trade patterns (using the ‘traditional/newcomers method’).

(a)

guarantees covering the nature, provenance and origin of the product;

(b)

recognition of the document used for verifying the guarantees referred to in point (a);

(c)

the conditions under which import licences shall be issued and their term of validity.

(a)

where the measure was enacted by the Council, the Commission shall propose to the Council that it be revoked or amended. The Council shall act by qualified majority;

(b)

in all other cases, Community safeguard measures shall be revoked or amended by the Commission.

(a)

rules for the implementation of Title II, including:

(b)

rules for the implementation of Title III, including:

(c)

rules for the implementation of Title IV;

(d)

rules concerning administrative and physical controls to be carried out by the Member States with regard to the fulfilment of obligations resulting from the application of this Regulation;

(e)

a system for the application of administrative penalties where non-compliances with any of the obligations resulting from the application of this Regulation are found. The administrative penalties shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found;

(f)

rules regarding the recovery of undue payments resulting from the application of this Regulation;

(g)

rules on the reporting of the controls carried out as well as their results;

(h)

rules for the implementation of Title V, including the measures specifically referred to in that Title;

(i)

rules to determine what information is necessary for the purposes of application of Article 44, as well as those on its form, content, timing and deadlines and on arrangements for transmitting or making available information and documents;

(j)

measures required to facilitate the transition from the arrangements provided for in Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2202/96 to those laid down in this Regulation, including those for the implementation of Article 55 of this Regulation.

(a)

Member States may continue to provide State aid under any existing schemes in respect of the production of and trade in potatoes, fresh or chilled, of CN code 0701 until 31 December 2011;

(b)

Spain and Italy may provide, during the 2007/2008 marketing year, State aid of up to EUR 15 million in order to support the adaptation of the tomato processing sector to the provisions set out in this Regulation;

(c)

Member States may provide state aid until 31 December 2010 under the following conditions:

1.

in Article 1(2), the table shall be replaced by the following:

2.

Titles I to VI, Articles 43 and 44, Articles 47 to 57 and Annexes I to V shall be deleted.

3.

Article 46 shall be replaced by the following:

‘Article 46

1.   The Commission shall be assisted by a Management Committee for Fruit and Vegetables (hereinafter referred to as “the Committee”).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.’

1.

Article 1(3) shall be replaced by the following:

‘3.   The marketing years for the products referred to in paragraph 2 shall be fixed, if necessary, in accordance with the procedure referred to in Article 46(2) of Regulation (EC) No 2200/96.’

2.

Titles I and II, Articles 23 to 32 and Annexes I to III shall be deleted.

1.

the following subparagraph shall be added to Article 5(3):

‘As regards the promotion of fresh fruits and vegetables, a special focus shall be given to promotion targeted at children in educational establishments.’

2.

The following subparagraph shall be added to Article 9(2):

‘The percentage referred to in the first subparagraph shall be 60 % in the case of promotion of fruit and vegetables targeted only at children in educational establishments.’

‘—

bringing this Directive into line with developments in relevant international standards, where appropriate.’

‘—

bringing this Directive into line with developments in relevant international standards, where appropriate.’

1.

In Article 33(1), point (a) shall be replaced by the following:

2.

The following subparagraph shall be added to Article 37(1):

‘For fruit and vegetables, ware potatoes and nurseries the reference amount shall be calculated and adjusted in accordance with point M of Annex VII.’

3.

Article 40(2) shall be replaced by the following:

‘2.   If the whole reference period was affected by the case of force majeure or exceptional circumstances, the Member State shall calculate the reference amount on the basis of the 1997 to 1999 period.

In the case of sugar beet, cane and chicory, the reference amount shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point K of Annex VII. In the case of bananas, it shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point L of Annex VII. In the case of fruit and vegetables, ware potatoes and nurseries, it shall be calculated on the basis of the closest marketing year prior to the representative period chosen in accordance with point M of Annex VII. In those cases, paragraph 1 shall apply mutatis mutandis.’

4.

The following subparagraph shall be added to Article 42(8):

‘However, in the case of application of paragraph 5, Member States may decide that, for 2007, unused payment entitlements corresponding to an equivalent number of hectares declared by the farmer and used for ware potatoes or for fruits and vegetables shall not revert to the national reserve.’

5.

In Article 43(2), point (a) shall be replaced by the following:

6.

In Article 44(2), the second subparagraph shall be replaced by the following:

‘“Eligible hectare” shall also mean one of the following:

7.

The following paragraph shall be added to Article 45:

‘3.   However, for 2007, in Member States that have not made use of the option in Article 71 and that are not making use of the option set out in the second subparagraph of Article 51, unused payment entitlements corresponding to an equivalent number of hectares declared by the farmer and used for ware potatoes or for fruit and vegetables shall not revert to the national reserve.’

8.

Article 51 shall be replaced by the following:

‘Article 51

Agricultural use of the land

Farmers may use the parcels declared in accordance with Article 44(3) for any agricultural activity except for permanent crops. However, farmers may use the parcels for the following:

By way of derogation from the first subparagraph, a Member State may decide, by 1 November 2007, that until a date to be fixed by the Member State but no later than 31 December 2010, the parcels in one or more regions of the Member State may continue not to be used for:

9.

Article 60(8) shall be replaced by the following:

‘8.   Where a Member State decides to use the derogation in the second subparagraph of Article 51, it may also decide, by 1 November 2007, to apply paragraphs 1 to 7 of this Article for the same period. Paragraphs 1 to 7 of this Article shall not apply in any other case.’

10.

The following subparagraph shall be added to Article 63(3):

‘With regard to the inclusion of the fruit and vegetables, ware potatoes and nurseries payments component in the single payment scheme, Members States may decide, by 1 April 2008, to apply the derogation provided for in the first subparagraph.’

11.

Article 64(2) shall be replaced by the following:

‘2.   According to the choice made by each Member State, the Commission shall fix, in accordance with the procedure referred to in Article 144(2), a ceiling for each of the direct payments provided for in Articles 66 to 69.

This ceiling shall be equal to the component of each type of direct payment in the national ceilings referred to in Article 41, multiplied by the percentages of reduction applied by Member States in accordance with Articles 66 to 69. The total amount of the fixed ceilings shall be deducted from the national ceilings referred to in Article 41 in accordance with the procedure referred to in Article 144(2).’

12.

Article 65(1) shall be replaced by the following:

‘1.   For the entitlements to be allocated to farmers, after any possible reduction under Article 41, the component of the reference amount which results from each of the direct payments provided for in Articles 66 to 69 shall be reduced by the percentage to be fixed by Member States within the limit fixed in those Articles, and, for direct payments provided for in Article 68b, within the period fixed by Member States in accordance with that Article.’

13.

The following Article shall be inserted after Article 68a:

‘Article 68b

Transitional fruit and vegetables payments

1.   Member States may decide, by 1 November 2007, to retain, until 31 December 2011, up to 50 % of the component of national ceilings referred to in Article 41 corresponding to certain tomatoes which are supplied for processing and were eligible under the aid scheme set out in Regulation (EC) No 2201/96.

In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.

The additional payment shall be granted to farmers producing such tomatoes under the conditions provided for in Chapter 10g of Title IV.

2.   Member States may decide, by 1 November 2007, to retain:

In this case and within the limit of the ceiling fixed in accordance with Article 64(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.

The additional payment shall be granted to farmers producing one or more of the following fruit and vegetables which are supplied for processing and were eligible under the aid schemes set out in Regulations (EC) No 2201/96 and (EC) No 2202/96, as determined by the Member State concerned, under the conditions provided for in Chapter 10g of Title IV:

3.   The component of national ceilings referred to in paragraph 1 corresponding to tomatoes shall be as follows:

4.   The component of national ceilings referred to in paragraph 2 corresponding to fruit and vegetable crops other than annual crops shall be as follows:

14.

Article 71g shall be deleted.

15.

The following subparagraph shall be added to Article 71k(2):

‘However, with regard to the inclusion of the fruit and vegetables payments component in the single payment scheme, new Members States may decide, by 1 April 2008, or by 1 August of the year preceding the first year of application of the single payment scheme, to apply the derogation provided for in the first subparagraph.’

16.

In Title IV, the following Chapters shall be added after Chapter 10f:

‘CHAPTER 10g

TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS

Article 110t

Transitional area aid

1.   In the case of application of Articles 68b(1) or 143bc(1) during the period referred to in those provisions, a transitional area aid may be granted, under the conditions laid down in this Chapter, to farmers producing certain tomatoes, as determined by the Member States, which are supplied for processing.

2.   In the case of application of Articles 68b(2) or 143bc(2) during the period referred to in those provisions, a transitional area aid may be granted, under the conditions laid down in this Chapter, to farmers producing certain fruit and vegetable products listed in the third subparagraph of Article 68b(2), as determined by the Member States, which are supplied for processing.

Article 110u

Amount of the aid and eligibility

1.   Member States shall fix the aid per hectare on which tomatoes and each fruit and vegetable listed in the third subparagraph of Article 68b(2) is grown on the basis of objective and non-discriminatory criteria.

2.   The total amount of payments shall in no case exceed the ceiling fixed in accordance with Article 64(2) or Article 143bc.

3.   The aid shall be granted only in respect of areas whose production is covered by a contract for processing into one of the products listed in Article 1(2) of Regulation (EC) No 2201/1996.

4.   Member States may make the granting of Community aid subject to further objective and non-discriminatory criteria, including being conditional on farmers being members of a producer organisation or producer group recognised, respectively, under Articles 4 or 7 of Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector (20).

5.   By 1 November 2007, Member States shall notify the Commission of their decision to apply Articles 68b or 143bc, the amount retained under those Articles and the criteria referred to in paragraph 1 of this Article.

CHAPTER 10h

TRANSITIONAL SOFT FRUIT PAYMENT

Article 110v

Soft fruit payment

1.   A transitional area aid shall apply during the period ending on 31 December 2012 in respect of strawberries falling within CN code 0810 10 00 and raspberries falling within CN code 0810 20 10 which are supplied for processing.

2.   The aid shall be granted only in respect of areas whose production is covered by a contract for processing into one of the products listed in Article 1(2) of Regulation (EC) No 2201/1996.

3.   The Community aid shall be EUR 230 per hectare per year.

4.   Member States may grant national aid in addition to the Community aid. The total amount of Community and national aid paid shall not exceed EUR 400 per hectare per year.

5.   The aid shall be paid only in respect of maximum national guaranteed areas allocated to Member States as follows:

If the eligible area in a given Member State and in a given year exceeds the maximum national guaranteed area, the aid amount referred to in paragraph 3 shall be reduced proportionately to the overrun of the maximum national guaranteed area.

6.   Articles 143a and 143c shall not apply to the transitional soft fruit payment.

17.

Article 143b(1) shall be replaced by the following:

‘1.   The new Member States may decide not later than on the date of accession to replace the direct payments, with the exception of the aid for energy crops established in Chapter 5 of Title IV and of the transitional soft fruit payment established in Chapter 10h of Title IV, during the period of application referred to in paragraph 9, by a single area payment which shall be calculated in accordance with paragraph 2.’

18.

The third indent of Article 143b(3) shall be replaced by the following:

19.

The following Articles shall be inserted after Article 143ba:

‘Article 143bb

Separate fruit and vegetables payment

1.   By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to grant a separate fruit and vegetables payment to farmers eligible under the single area payment scheme. It shall be granted on the basis of objective and non-discriminatory criteria such as those set out in the first paragraph of point M of Annex VII and in respect of a representative period as set out in that paragraph.

2.   The separate fruit and vegetables payment shall be granted within the limits of the component of the national ceiling referred to in Article 71c corresponding to fruit and vegetables.

3.   By way of derogation from paragraph 2, each new Member State concerned may decide, by 1 November 2007, on the basis of objective criteria to apply for the separate fruit and vegetables payment a lower ceiling than that set out in that paragraph.

4.   The funds made available for granting the separate fruit and vegetables payment in accordance with paragraphs 1, 2 and 3 shall not be included in the annual financial envelope referred to in Article 143b(3).

5.   Articles 143a and 143c shall not apply to the separate fruit and vegetables payment.

6.   In the case of actual or anticipated inheritance, the separate fruit and vegetables payment shall be granted to the farmer who inherited the holding, under the condition that this farmer is eligible under the single area payment scheme.

Article 143bc

Transitional fruit and vegetables payment

1.   By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to retain, until 31 December 2011, up to 50 % of the component of national ceilings referred to in Article 41 corresponding to tomatoes falling within CN code 0702 00 00.

In this case and within the limit of the ceiling fixed in accordance with the procedure referred to in Article 144(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.

The additional payment shall be granted to farmers producing tomatoes under the conditions provided for in Chapter 10g of Title IV.

2.   By way of derogation from Article 143b, the new Member States applying the single area payment scheme may decide, by 1 November 2007, to retain:

In this case and within the limit of the ceiling fixed in accordance with the procedure referred to in Article 144(2), the Member State concerned shall make, on a yearly basis, an additional payment to farmers.

The additional payment shall be granted to farmers producing one or more of the fruit and vegetables, as determined by the Member State concerned, listed in the third subparagraph of Article 68b(2).

3.   The funds made available for granting the transitional fruit and vegetables payment in accordance with paragraphs 1 and 2 shall not be included in the annual financial envelope referred to in Article 143b(3).

4.   Articles 143a and 143c shall not apply to the transitional fruit and vegetables payment.’

20.

In Article 145, the following point shall be inserted after point (d)c):

21.

Article 155 shall be replaced by the following:

‘Article 155

Other transitional rules

Further measures required to facilitate the transition from the arrangements provided for in the Regulations referred to in Articles 152 and 153 and in Regulations (EEC) No 404/93, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2202/96 and (EC) No 1260/2001 to those established by this Regulation, notably those related to the application of Articles 4 and 5 of and the Annex to Regulation (EC) No 1259/1999 and Article 6 of Regulation (EC) No 1251/1999, and from the provisions related to the improvement plans provided for in Regulation (EEC) No 1035/72 to those referred to in Articles 83 to 87 of this Regulation, may be adopted in accordance with the procedure referred to in Article 144(2) of this Regulation. Regulations and Articles referred to in Articles 152 and 153 shall continue to apply for the purpose of the establishment of the reference amounts referred to in Annex VII.’

22.

The Annexes shall be amended in accordance with Annex II to this Regulation.

1.

In paragraphs 1, 2 and 4 of Article 32, the words ‘or Annex VIII’ shall be inserted after ‘Annex VII’.

2.

The following Annex shall be added after Annex VII:

(a)

may continue to run until its end; or

(b)

be modified to meet the requirements of this Regulation; or

(c)

be replaced by a new operational programme approved under this Regulation.