Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (Text with EEA relevance. )

CHAPTER I

PRINCIPLES AND REQUIREMENTS OF THE INFORMATION SYSTEM

Article 1

Commission information system and notification method

The information and documents shall be set up and notified in accordance with:

(a) the procedures established for the information system;

(b) the access rights granted by the single liaison body referred to in Delegated Regulation (EU) 2017/1183; and

(c) the forms made available to users in the information system.

In the case of notifications pursuant to Regulation (EU) No 1308/2013 and the acts adopted on the basis of that Regulation, the information-technology-based system referred in the first subparagraph of this paragraph shall also be available, where relevant, to operators and third countries.

By way of exception to the first paragraph of paragraph 1, Member States may make the required information available to the Commission by mail, by telefax, by electronic mail or by hand:

(a) if the Commission has not made available the information technology means for a specific notification obligation;

(b) in cases of force majeure or exceptional circumstances which make it impossible for the Member State to use the information system referred to in paragraph 1.

Article 2

Integrity and legibility over time

The information system made available by the Commission shall be designed to protect the integrity of the documents notified and held. In particular, it shall:

(a) allow each user to be unequivocally identified and shall incorporate effective control measures of access rights in order to protect against illegal, malicious or unauthorised access, deletion, alteration or movement of documents, files or metadata;

(b) be equipped with physical protection systems against intrusions and environmental incidents and with software protection against possible cyber-attacks;

(c) prevent any unauthorised changes and incorporate integrity mechanisms to check if a document has been altered over time;

(d) keep an audit trail for each essential stage of the procedure;

(e) safeguard stored data in an environment which is secure in both physical and software terms, in accordance with point (b);

(f) provide reliable format conversion and migration procedures in order to guarantee that documents are legible and accessible throughout the entire storage period required;

(g) have sufficiently detailed and up-to-date functional and technical documentation on the operation and characteristics of the system; that documentation shall be accessible at all times to the organisational entities responsible for the functional and/or technical specifications.

Article 3

Authenticity of documents

The authenticity of a document notified or stored using an information system in conformity with this Regulation is recognised if the person who sent the document is duly identified and if the document has been set up and notified in compliance with this Regulation.

Article 4

Protection of personal data

Article 5

Default notification

Save as otherwise provided for in the acts referred to in Article 1, where Member States and where relevant, third countries or operators, have not notified the required information or documents to the Commission by the deadline (‘nil return’), they shall be deemed to have notified the following:

(a) in the case of prices, an absence of information;

(b) in the case of other quantitative data, a zero value;

(c) in the case of qualitative information, a ‘nothing to report’ situation.

In all cases, the Commission shall decide whether the default value shall be published, and/or replaced by a Commission estimate or by the mention of a failure to notice.

CHAPTER II

NOTIFICATIONS AND COORDINATION ON PRICES, PRODUCTION, MARKET INFORMATION AND INFORMATION REQUIRED BY INTERNATIONAL AGREEMENTS

SECTION 1

Notification on prices, production and market information

Article 6

Notification on prices, production and market situation

The notification of information on prices required pursuant to the notification obligation laid down in Article 2 of Delegated Regulation (EU) 2017/1183 shall be made in accordance with Annexes I and II.

The notification of production and markets required pursuant to the notification obligation laid down in Article 2 of Delegated Regulation (EU) 2017/1183 shall be made in accordance with Annex III.

Article 7

Integrity of information

Article 8

Additional information

Member States and, where relevant, third countries and operators may notify the Commission of information additional to that required in Annexes I, II and III by means of the information system referred to in Article 1 where such information is considered relevant by the Member States and, where relevant, by third countries and operators concerned. Such notifications shall be made by means of a form made available by the Commission in the information system.

Article 9

Price and quantity definition

Article 10

Reporting of prices in official currency

Unless otherwise specified in Annexes I, II and III, Member States and, where relevant, operators shall notify price information in their official currency, net of VAT.

Article 11

Weekly price notification

Unless otherwise specified in Annex I, Member States and, where relevant, operators shall notify the Commission of the weekly price information referred to in that Annex no later than 12.00 (Brussels’ time) each Wednesday for the previous week.

Article 12

Non-weekly pricing, production and market information notification

Member States and, where relevant, operators shall notify the Commission, within the prescribed time limits, of the following:

(a) non-weekly price information referred to in Annex II;

(b) production and market information referred to in Annex III.

SECTION 2

Notifications required by international agreements

Article 13

WTO domestic support data

Article 14

WTO export competition data

Member States shall notify the Commission by 28 February each year of data for the preceding calendar year on the following export competition measures applied by them:

(a) export financing support (export credits, export credit guarantees or insurance programmes);

(b) international food aid;

(c) agricultural exporting state trading enterprises.

CHAPTER III

FINAL PROVISIONS

Article 15

Amendments to several regulations and transitional provisions

Article 16

Repeal

The following Regulations are repealed:

— Regulation (EC) No 546/2003,

— Regulation (EC) No 1709/2003,

— Regulation (EC) No 2336/2003,

— Regulation (EC) No 2095/2005,

— Regulation (EC) No 1557/2006,

— Implementing Regulation (EU) No 1288/2011.

Article 17

Entry into force

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

Point 1 of Annex II and point 2 of Annex III shall apply as from 1 October 2017.

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

ANNEX I

Unless otherwise specified, Member States concerned are those producing or using more than 2 % of the total Union corresponding production or use.

1. Cereals

Content of the notification: representative market prices for each of the cereals and the cereal qualities considered relevant for the Union market, expressed per tonne of product.

Member States concerned: all Member States.

Other: prices shall refer, where relevant, to the qualitative properties, the place of quotation and the stage of marketing of each product.

2. Rice

Content of the notification: representative market prices for each of the varieties of rice considered relevant for the Union market, expressed per tonne of product.

Member States concerned: rice producing Member States and Member States with milling industry.

Other: prices shall refer, where relevant, to the processing stage, the place of quotation and the stage of marketing of each product.

3. Oilseeds

Content of the notification: representative prices for rapeseed, sunflower seed, soya bean, rapeseed meal, sunflower seed meal, soya meal, crude rape oil, crude sunflower oil and crude soya bean oil.

Member States concerned: Member States with a planted area of the respective crop of at least 10 000 hectares per year. As regards price notifications on meals and oils, Member States processing more than 200 000 tonnes of the respective oilseed crop.

4. Olive oil

Content of the notification: average prices recorded on the main representative markets and weighted national average prices for the categories of olive oil listed in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product.

Member States concerned: Member States producing more than 20 000 tonnes of olive oil in the annual period from 1 October to 30 September.

Other: prices shall correspond to olive oil in bulk, ex-mill for virgin olive oil and ex-factory for other categories. Representative markets shall cover at least 70 % of the national production of the product concerned.

5. Fruit and vegetables, bananas and potatoes

(a) Prices of fruit and vegetables and potatoes intended for the fresh market Content of the notification: representative prices for the products, types and varieties of fruit and vegetables listed in Annex VI to Commission Delegated Regulation (EU) 2017/891 (¹) and ware potatoes. Member States concerned: Member States listed in Annex VI to Delegated Regulation (EU) 2017/891 as regards fruit and vegetables. Other: prices shall be notified: (i) for fruit and vegetables, as referred to in Article 55 of Delegated Regulation (EU) 2017/891, (ii) for ware potatoes, only potatoes intended to be sold to consumers at fresh stage, with a size that do not pass a square mesh of 35 mm × 35 mm but can pass a square mesh of 75 mm × 75 mm, in packages below 10 kg. Price shall be notified for conventional non-organic products, ex-packaging station, sorted, packaged and, where applicable, on pallets, expressed per 100 kg net weight of product.

(b) Prices of bananas Content of the notification: wholesale prices for yellow bananas falling within the CN code 0803 90 10 , Member States concerned: all Member States marketing on average more than 50 000 tonnes of yellow bananas per year over the period of 5 last calendar years. Other: prices shall be notified: (i) for conventional non-organic products, (ii) national weighted average price per country of origin, (iii) expressed per 100 kg net weight of product.

(c) Farmgate prices Content of the notification: representative prices of tomatoes, apples, oranges, peaches and nectarines and bananas intended for fresh consumption for the types and varieties listed in Annex VI to Delegated Regulation (EU) 2017/891. Member States concerned: Member States listed in Annex VI to Delegated Regulation (EU) 2017/891. Regarding bananas, Member States listed in Annex II, point 8(b), of this Regulation. Other: prices shall be notified: (i) for conventional non-organic products, (ii) at the farmgate and products harvested, non-conditioned and in field harvest packs, (iii) by product, type and variety, as relevant. For prices reported by type and variety, a national weighed average price per product, except for tomatoes, shall also be notified, (iv) prices expressed per 100 kg of product.

6. Meat

Content of the notification: prices for beef, pig and sheep carcasses and cuts and certain live cattle, calves and piglets in accordance with Regulation (EU) No 1308/2013 and for carcasses according to the classification of beef, pig and sheep carcasses expressed per 100 kg of product.

Member States concerned: for carcasses and live animals, all Member States. For cuts, Member States whose national production represents 2 % or more of Union production.

Other: where in the opinion of the competent authority of the Member State concerned there are insufficient numbers of carcasses or live animals to notify, the Member State concerned may decide for the period in question to suspend the recording of prices for such carcasses or live animals and shall notify the Commission of the reason for its decision. Concerning cuts, Member States concerned shall report prices for beef hindquarter, beef forequarter, beef minced meat, pig meat loin, pig meat belly, pig meat shoulder, pig minced meat and pig meat ham.

7. Milk and milk products

Content of the notification: prices of whey powder, skimmed milk powder, whole milk powder, butter, cream, drinking milk and commodity cheeses expressed per 100 kg of product.

Member States concerned: Member States whose national production represents 2 % or more of Union production; or, in the case of commodity cheeses, where the cheese type represents 4 % or more of the total national cheese production.

Other: prices shall be notified for products purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.

8. Eggs

Content of the notification: wholesale price for Class A eggs per farming method (average of categories L and M), expressed per 100 kg of product.

Member States concerned: all Member States.

Other: prices shall be notified for products in packing stations.

9. Poultry meat

Content of the notification: average wholesale price for whole Class A chickens (‘65 % chickens’) and chicken cuts (breast fillet, legs), expressed per 100 kg of product.

Member States concerned: all Member States.

Other: prices shall be notified for products in slaughter plants or recorded on representative markets.

10. Other

Content of the notification: price of fat filled powder expressed per 100 kg of product.

Other: prices shall be notified for products purchased from the manufacturer, excluding any other cost (transport, loading, handling, storage, pallets, insurance, etc.) based on contracts concluded for deliveries within three months.

ANNEX II

Unless otherwise specified, Member States concerned are those producing or using more than 2 % of the total Union corresponding production or use, except for organic products, for which the threshold is 4 % of the production.

1. Cereals

(a) Prices of organic cereals

Content of the notification: representative market prices for organic common wheat, durum wheat and rye, expressed per tonne of product.

Period of notification: by 25th of each month in respect of the preceding month.

(b) Prices of wheat flour

Content of the notification: milling industry’s representative selling prices for wheat flour, expressed per tonne of product.

Period of notification: by 25th of each month in respect of the preceding month.

(c) Buying prices of wheat flour

Content of the notification: retailers’ and other food business operators’ representative buying prices for wheat flour, expressed per tonne of product.

Period of notification: by 25th of each month in respect of the preceding month.

2. Oilseeds and protein crops

Content of the notification: representative market prices for each of the protein crops considered relevant for the Union market as well as for organic soya beans, organic soya meal, non-GM soya meal, expressed per tonne of product.

Member States concerned: for protein crops, Member States with a planted area of the respective crop of at least 10 000 hectares per year.

Period of notification: by 25th of each month in respect of the preceding month.

3. Sugar

Content of the notification:

(a) the weighted averages of the following sugar prices, expressed per tonne of sugar, as well as the total corresponding quantities and the weighted standard deviations: (i) for the previous month, the selling price; (ii) for the previous month, the selling price on invoices corresponding to short-term contracts. These prices shall be published by the Commission at the earliest 2 months after the end of the notification period established hereafter;

(b) the weighted average price of sugar beet during the previous marketing year, expressed per tonne of beet, as well as the total corresponding quantities.

Member States concerned:

(a) for sugar prices, all Member States where more than 10 000 tonnes of sugar is produced from sugar beet or from raw sugar;

(b) for sugar beet prices, Member States with a planted area of more than 1 000 ha of sugar beet in the marketing year in question.

Period of notification:

(a) for sugar prices, by the 25th of each month;

(b) for sugar beet prices, by 30 June each year.

Other: Prices shall be established in line with the methodology published by the Commission and shall relate to:

(a) bulk white sugar prices ex-factory for sugar of a standard quality as defined in point B II of Annex III to Regulation (EU) No 1308/2013 collected from sugar undertakings and refiners;

(b) sugar beet price for sugar beet of a standard quality containing 16 % of sugar, paid by sugar undertakings to producers. The beet shall be attributed to the same marketing year as the sugar extracted from it.

Buying prices

Content of the notification: retailers’, food and non-food industry’s (other than biofuel) representative weighted averages of sugar and molasses buying prices, expressed per tonne of product, as well as the total corresponding quantities for each type of operator (retailers, food and non-food industry).

Period of notification: by the 25th of each month in respect of the preceding month.

Other: representative prices shall be established in line with the methodology published by the Commission.

5. Olive oil and table olives

Content of the notification:

— representative market prices for organic olive oil for the categories virgin olive oil and extra virgin olive oil referred to in Part VIII of Annex VII to Regulation (EU) No 1308/2013, expressed per 100 kg of product,

— representative prices of raw olives for table olives, expressed per 100 kg of product.

Member States concerned: