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

CHAPTER I

PRODUCER ORGANISATIONS

SECTION 1

Introductory provision

Article 1

Subject matter and scope

SECTION 2

Operational programmes

SECTION 3

Aid

CHAPTER II

CRISIS PREVENTION AND MANAGEMENT MEASURES

CHAPTER IV

INFORMATION, REPORTS AND CHECKS

SECTION 1

Information and reports

SECTION 2

Checks

Article 22

Unique identification system

Member States shall ensure that a unique identification system applies to producer organisations, associations of producer organisations and producer groups formed pursuant to Article 125e of Regulation (EC) No 1234/2007 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.

Article 23

Requests for recognition

Without prejudice to Article 24, Member States shall provide for procedures for requests for the recognition of producer organisations and associations of producer organisations.

Article 24

Granting of recognition

CHAPTER V

EXTENSION OF RULES

Article 36

Financial contributions

Where a Member State decides, pursuant to Article 165 of Regulation (EU) No 1308/2013, that operators who do not belong to producer organisations, associations of producer organisations or interbranch organisations, but in respect of whom rules are made binding, shall pay a financial contribution, the Member State shall forward to the Commission the information needed to assess compliance with the conditions laid down in that Article. Such information shall include the basis on which the contribution is calculated, the unit amount thereof, the activities covered and their associated costs.

Article 37

Extensions beyond one year

CHAPTER VI

ENTRY PRICE SYSTEM AND IMPORT DUTIES

Article 38

Standard import values

The standard import value shall be equal to the weighted average representative price referred to in Article 74 of Delegated Regulation (EU) 2017/891 notified by the Member States, less a standard amount of EUR 5/100 kg and the ad valorem customs duties.

Within the periods of application set out in Part A of Annex VII to Delegated Regulation (EU) 2017/891, the standard import values shall be valid from the day following that of their publication until the successive standard import values have been fixed. Where Tuesday falls on a Commission public holiday, the standard import values shall be fixed on the next working day.

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.

CHAPTER VII

ADDITIONAL IMPORT DUTIES

Article 39

Levying of additional import duty

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 for the relevant period.

The additional import duty shall be levied on quantities put into free circulation  as from 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.

Article 40

Amount of additional import duty

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

Article 41

Exemptions from additional import duty

The following goods are exempt from the additional import duty:

(a) goods imported under a non-preferential 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;

(c) goods imported under the scheme of generalised tariff preferences pursuant to Regulation (EU) No 978/2012 of the European Parliament and of the Council (³).

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

FINAL PROVISIONS

Article 42

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.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX VII

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.