Commission Delegated Regulation (EU) 2022/126 of 7 December 2021 supplementing Regulation (EU) 2021/2115 of the European Parliament and of the Council with additional requirements for certain types of intervention specified by Member States in their CAP Strategic Plans for the period 2023 to 2027 under that Regulation as well as rules on the ratio for the good agricultural and environmental condition (GAEC) standard 1

Article 32

Reference period and ceiling on Union financial assistance

The 12-month reference period shall be the accounting period of the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group concerned.

The methodology for fixing the reference period shall not vary during a programme except in duly justified situations.

• (a) on the basis of the value of the marketed production during the reference period of the producers who are members of the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group on 1 January of the year for which the aid is requested; or

• (b) on the basis of the actual value of the marketed production in the reference period concerned of the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group concerned. In that case, the rule shall apply to all non-transnational beneficiaries in that Member State.

• (a) if the reduction occurred due to reasons falling outside the responsibility and control of the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group, the value of marketed production of that product shall be deemed to represent 65 % of the average value in the three previous 12-month reference periods;

• (b) if the reduction occurred due to natural disasters, climatic events, plant diseases or pest infestations falling outside the responsibility and control of the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group, the value of marketed production of that product shall be deemed to represent 85 % of the average value in the three previous 12-month reference periods.

In both cases, the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group shall prove to the competent authority of the Member State concerned that those reasons were falling outside its responsibility and control.

Where the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations or producer group proves to the Member State concerned that those reasons were falling outside its responsibility and control and that they have taken the necessary preventive measures, the value of marketed production of that product shall be deemed to represent 100 % of its average value in the three previous 12-month reference periods.

Section 4 Types of interventions implemented by transnational producer organisations and transnational associations of producer organisations

Article 32a

Rules applying to types of interventions implemented by transnational producer organisation and transnational associations of producer organisations

Types of interventions under operational programmes implemented by transnational producer organisation and transnational associations of producer organisations shall comply with the national strategic plan and the national rules of the Member State, where the head office of the transnational producer organisation or the transnational association of producer organisation is located in accordance with Article 14 or 21 of Commission Delegated Regulation (EU) 2017/891 ([^E0011]).

The Member State in which the head office of the transnational producer organisation or the transnational association of producer organisations is located shall be responsible for the approval of the operational programmes implemented by the transnational producer organisation or the transnational association of producer organisations.

CHAPTER III Fruit and vegetables sector

Article 33

Conditioning costs for free distribution

The payments of expenditure to the producer organisation, association of producer organisations, transnational producer organisation, transnational association of producer organisations related to the costs of conditioning of fruit and vegetables withdrawn from the market for free distribution under operational programmes shall not exceed the amount of the costs set out in Annex VII.

The first paragraph shall not apply to fruits and vegetables withdrawn from the market where the free distribution takes place after their processing.

Article 34

Calculation of the degree of organisation of producers for the purpose of the national financial assistance

The list of regions established by a Member State shall not be amended at least for 5 years unless such amendment is objectively justified, in particular for reasons that are not related to the calculation of the degree of organisation of producers in the region or regions concerned.

Member States shall notify the Commission of any amendment of the list of the regions.

Article 35

3-year average for market withdrawals for free distribution

• (a) where the organisation was a producer group, the equivalent data for that producer group; or

• (b) the volume applicable to the application for recognition.

CHAPTER IV Apiculture sector

Article 36

Definition of beehive

For the purposes of this Chapter, the term ‘beehive’ means the unit containing a honeybee colony used for the production of honey, other apiculture products or honeybee breeding material, and all the elements necessary for its survival.

Article 37

Method to calculate the number of beehives

The number of beehives ready for wintering in the territory of the Member States between 1 September and 31 December shall be calculated each year according to an established reliable method laid down in the CAP Strategic Plans.

Article 38

Notification of the number of beehives

The annual notification of the number of beehives referred to in Article 55(7) of Regulation (EU) 2021/2115 as calculated in accordance with Article 37 of this Regulation, shall be made by 15 June of each year, starting in 2023.

Article 39

Minimum Union contribution

The minimum Union contribution to the expenditure related to the implementation of the types of intervention in the apiculture sector referred to in Article 55 of Regulation (EU) 2021/2115 and specified by Member States in their CAP Strategic Plans shall be 30 %.

CHAPTER V Wine sector

Article 40

Beneficiaries

• (a) for actions implemented by interbranch organisations as referred to in Article 58(1), first subparagraph, points (i) and (j), of Regulation (EU) 2021/2115;

• (b) for information actions and promotion and communication carried out in third countries as referred to in Article 58(1), first subparagraph, points (h) and (k), of Regulation (EU) 2021/2115, provided that, it is not the sole beneficiary of the support granted in respect of those interventions;

• (c) for interventions as referred to in Article 58(1) of Regulation (EU) 2021/2115, implemented by public schools in vitiviniculture that are also wine growers.

Article 41

Replanting of vineyards for health or phytosanitary reasons

The annual expenditure paid by Member States for support to interventions specified in their CAP Strategic Plans in relation to the replanting of vineyards following mandatory grubbing-up shall not exceed 15 % of the total annual expenditure on restructuring and conversion of vineyards under Article 58(1), first subparagraph, point (a), of Regulation (EU) 2021/2115 paid by the Member State concerned during any given financial year.

The grubbing-up costs and the compensation of the income foregone shall not constitute eligible expenditure under this type of intervention.

Article 42

Area planted

CHAPTER VI Hops sector

Article 43

Union financial assistance

The maximum Union financial assistance to be allocated to each producer organisation or association, as referred to in Article 62(1) of Regulation (EU) 2021/2115, shall be calculated pro rata based on the eligible hop areas of its producer members. To be eligible, the hop areas shall be planted at a uniform density of at least 1 500 plants per hectare in the case of double stringing/wiring, or at least 2 000 plants per hectare in the case of single stringing/wiring.

The areas shall only include areas bounded by a line joining the outer stays of the poles. Where there are hop plants on that line, an additional strip of a width corresponding to the average width of an alleyway within that parcel may be added to each side of that area. The additional strip shall not form part of a public right of way. The two headlands at the ends of the hop rows that are needed for manoeuvring agricultural machinery may be included in the area, provided that the length of neither headland exceeds 8 metres and they are counted only once, and they do not form part of a public right of way.

The areas shall not include areas planted with young hop plants grown chiefly as nursery products.

CHAPTER VII Livestock sector

Article 44

Restocking with livestock following compulsory slaughter for health reasons or because of losses resulting from natural disasters

TITLE IV ADDITIONAL REQUIREMENTS FOR CERTAIN TYPES OF INTERVENTION IN RURAL DEVELOPMENT

Article 45

Conservation, sustainable use and development of genetic resources in agriculture and in forestry

• (a) agri-environment-climate commitments for preserving on farm endangered breeds and plant varieties under threat of genetic erosion; or

• (b) support for activities regarding the conservation, the sustainable use and development of genetic resources in agriculture and in forestry.

Activities covered by the type of agri-environment-climate commitments referred to in the first subparagraph, point (a), shall not be eligible for support pursuant to that subparagraph, point (b).

• (a) to rear farm animals of local breeds, recognised by a Member State to be endangered, genetically adapted to one or more traditional production systems or environments in that Member State, where the endangered status is scientifically established by a body possessing the necessary skills and knowledge in the area of endangered breeds, as defined in Article 2, point (24), of Regulation (EU) 2016/1012 of the European Parliament and of the Council ([^E0013]); or

• (b) to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.

• (a) cattle;

• (b) sheep;

• (c) goats;

• (d) equidae (Equus caballus and Equus asinus);

• (e) pigs;

• (f) birds;

• (g) rabbits;

• (h) bees.

• (a) the number, at national level, of breeding females concerned is stated;

• (b) a duly recognised relevant breed society registers and keeps up-to-date the herd or flockbreeding book for the breed.

• (a) targeted actions promoting in situ and ex situ conservation, characterisation, collection and utilisation of genetic resources in agriculture and forestry, including web-based inventories of genetic resources currently conserved in situ, including on-farm or on-forest holding conservation, and ex situ collections and databases;

• (b) concerted actions promoting the exchange of information for the conservation, characterisation, collection and utilisation of genetic resources in Union agriculture or forestry among competent Member State organisations;

• (c) accompanying action: information, dissemination, advice, training, and technical report preparation, involving non-governmental organisations and other stakeholders.

• (a) ‘in situ conservation’ in agriculture means the conservation of genetic material in ecosystems and natural habitats and the maintenance and recovery of viable population of species or feral breeds in their natural surroundings and, in the case of domesticated animal breeds or cultivated plant species, in the farmed environment where they have developed their distinctive properties;

• (b) ‘in situ conservation’ in forestry means the conservation of genetic material in ecosystems and natural habitats and the maintenance and recovery of viable population of species in their natural surroundings;

• (c) ‘on-farm or on-forest holding conservation’ means in situ conservation and development at farm or forest holding level;

• (d) ‘ex situ conservation’ means the conservation of genetic material for agriculture or forestry outside their natural habitat;

• (e) ‘ex situ collection’ means a collection of genetic material for agriculture or forestry maintained outside their natural habitat.

Article 46

Animal welfare

Member States which include in their CAP Strategic Plans interventions related to animal welfare commitments referred to in Article 70 of Regulation (EU) 2021/2115 shall ensure that animal welfare commitments provide upgraded standards of production methods in at least one of the following areas:

• (a) water, feed, and animal care in accordance with the natural needs of animals;

• (b) housing conditions that improve the comfort of animals and their freedom of movement, such as increased space allowances, flooring surfaces, natural light, microclimate control, as well as housing conditions such as free farrowing or group housing, depending on the natural needs of animals;

• (c) conditions allowing for expression of natural behaviour, such as enrichment of living environment or late weaning;

• (d) outdoor access and grazing;

• (e) practices that increase animal robustness and longevity, including slower growing breeds;

• (f) practices to avoid mutilation or castration of animals. In specific cases when mutilation or castration of animals is deemed necessary, anaesthetics, analgesia and anti-inflammatory medication or immunocastration shall be used;

• (g) sanitary measures, preventing non-transmissible diseases, that do not require the use of medical substances such as vaccines, insecticides or anti-parasitic drugs.

Article 47

Quality schemes

Member States which include in their CAP Strategic Plans interventions related to quality schemes, referred to in Article 77(1), point (c), of Regulation (EU) 2021/2115, shall ensure that national recognised quality schemes cover:

• (a) quality schemes, including farm certification schemes, for agricultural products, cotton or foodstuffs, recognised by the Member States as complying with the following criteria:
• (i) the specificity of the final product under such schemes is derived from clear obligations to guarantee any of the following:
• — specific product characteristics,
• — specific farming or production methods, or
• — a quality of the final product that goes significantly beyond the commercial commodity standards as regards public, animal or plant health, animal welfare or environmental protection;
• (ii) the scheme is open to all producers;
• (iii) the scheme involves binding product specifications and compliance with those specifications is verified by public authorities or by an independent inspection body;
• (iv) the scheme is transparent and assures complete traceability of products;

• (b) voluntary agricultural product certification schemes recognised by the Member States as meeting the Union best practice guidelines for the operation of voluntary certification schemes referred to in Commission Communication of 16 December 2010 entitled ‘EU best practice guidelines for voluntary certification schemes for agricultural products and foodstuffs’ ([^E0014]) relating to agricultural products and foodstuffs.

TITLE V RULES ON THE RATIO FOR GAEC STANDARD 1

Article 48

Rules on the ratio for GAEC standard 1

For the purpose of establishing the reference ratio referred to in the first subparagraph:

• (a) ‘areas of permanent grassland’ means permanent grassland declared in 2018 in accordance with Article 72(1), first subparagraph, point (a), of Regulation (EU) No 1306/2013 of the European Parliament and of the Council ([^E0015]) by farmers receiving direct payments, and determined as referred to in Article 2(1), second subparagraph, point (23), of Commission Delegated Regulation (EU) No 640/2014 ([^E0016]), where necessary adjusted by Member States to take into account the impact of a possible change, in particular in the definition of permanent grassland to be established by Member States in accordance with Article 4(3), point (c), of Regulation (EU) 2021/2115;

• (b) ‘total agricultural area’ means the agricultural area declared in 2018 in accordance with Article 72(1), first subparagraph, point (a), of Regulation (EU) No 1306/2013 by farmers receiving direct payments and determined as referred to in Article 2(1), second subparagraph, point (23), of Delegated Regulation (EU) No 640/2014, where necessary adjusted by Member States, in particular to take into account the impact of a possible change in the definition of agricultural areas to be established by Member States in accordance with Article 4(3) of Regulation (EU) 2021/2115.

1a. Where the area of permanent grassland referred to in paragraph 1, second subparagraph, point (a), has decreased due to structural changes in the farming systems of a Member State caused by a significant reduction in the production of livestock resulting in a significant reduction in the need for feed and grazing of livestock in that Member State, the Member State concerned may, once in the programming period 2023-2027, adjust the reference ratio established pursuant to paragraph 1 to take into account the decrease in the size of the area of permanent grassland.

The adjustment of the area of permanent grassland referred to in the first subparagraph, shall correspond to the decrease of the area of permanent grassland which is attributable to the structural changes in the farming systems at the level at which the GAEC standard 1 is implemented in the Member State concerned.

A Member State shall assess the decrease in the size of the area of permanent grassland and the structural changes in the farming systems on the basis of a period of 5 consecutive years starting no earlier than in 2019.

Member States may establish the ratio of permanent grassland and the reference ratio at national, regional, sub-regional, group of holdings or holding level.

The permanent grassland areas and the agricultural areas declared by farmers receiving payments under the small farmer scheme referred to in Article 28 of Regulation (EU) 2021/2115 shall not be taken into account in the calculation of the ratio of permanent grassland to the total agricultural area and in the calculation of the reference ratio.

However, where the area of permanent grassland in a given year is maintained, in absolute, terms within 0,5 % of the areas of permanent grassland established in accordance with paragraph 1, second subparagraph, point (a), the obligation set out in paragraph 1, first subparagraph, shall be considered to have been complied with.

By way of derogation from the first subparagraph, Member States may decide to impose the obligations at the holding level to reconvert land to permanent grassland or to establish an area of permanent grassland only in the following cases:

• (a) where, and to the extent that, the area to be reconverted into areas of permanent grassland or on which permanent grassland is to be established in a given year exceeds the area of permanent grassland registered as agricultural area in the identification system for agricultural parcels referred to in Article 68 of Regulation (EU) 2021/2116 and not declared for the purpose of receiving support in accordance with a type of intervention provided for in Chapter II of Title III of Regulation (EU) 2021/2115 in that year by beneficiaries;

• (b) where, and to the extent that, the decrease of the ratio of permanent grassland in a given year by more than 10 %, at the level at which GAEC standard 1 is implemented, is not caused by an increase in the total agricultural area declared in that same year.

• (a) commitments undertaken or obligations, as referred to in Article 4(4), points (b) and (c), of Regulation (EU) 2021/2115 due to which an agricultural activity is no longer performed on the areas in question, and which do not include plantations of Christmas trees or cultivation of crops or trees for energy production; or

• (b) conversion of an area of permanent grassland to other uses than agricultural activity, as defined in the CAP Strategic Plans, and the area concerned no longer constitutes agricultural area as defined in the CAP Strategic Plans.

TITLE VI FINAL PROVISIONS

Article 49

Entry into force

This Regulation shall enter into force on the 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 I

Union method for the verification of hemp varieties and the determination of the Δ9-tetrahydrocannabinol content in hemp varieties referred to in Article 3

1. Scope

The method set out in this Annex seeks to determine the Δ9-tetrahydrocannabinol (hereinafter referred to as ‘THC content’ of varieties of hemp (Cannabis sativa L.). As appropriate, the method involves applying procedure A or B as described in this Annex.

The method is based on the quantitative determination of THC by gas chromatography (GC) after extraction with a suitable solvent.

1.1.   Procedure A

Procedure A shall be used for checks on the production of hemp.

In accordance with Article 60 of Regulation (EU) 2021/2116, the Member State shall determine the minimum percentage of the on-the-spot checks, which shall cover at least 15 % of the areas declared for the production of hemp in accordance with Article 8 of Implementing Regulation (EU) 2022/1173.

1.2.   Procedure B

Procedure B shall be used where a Member State introduces a system of prior approval for the cultivation of hemp.

In accordance with Article 60 of Regulation (EU) 2021/2116, the Member State shall determine the minimum percentage of the on-the-spot checks, which shall cover at least 10 % of the areas declared for the production of hemp in accordance with Article 8 of Implementing Regulation (EU) 2022/1173.

2. Sampling

2.1.   Conditions for taking the samples

The samples shall be taken during the day following a systematic pattern to ensure that the sample is representative of the field, but excluding the edges of the crop.

2.1.1.   Procedure A

In a standing crop of a given variety of hemp, a 30 cm part containing at least one female inflorescence of each plant selected shall be taken. Sampling shall be carried out during the period running from 20 days after the start of flowering to 10 days after the end of flowering.

Member States may authorise sampling to be carried out during the period from the start of flowering to 20 days after the start of flowering provided that, for each variety grown, other representative samples are taken in accordance with the first paragraph during the period from 20 days after the start of flowering to 10 days after the end of flowering.

For hemp cultivated as catch crop, in the absence of female inflorescences, the top 30 cm of the plant stem shall be taken. In that case sampling shall be carried out just before the end of the vegetation period, once the leaves begin presenting the first signs of yellowing, however no later than the onset of a forecast period of frost.

2.1.2.   Procedure B

In a standing crop of a given variety of hemp, the upper third of each plant selected shall be taken. Sampling shall be carried out during the 10 days following the end of flowering or, for hemp cultivated as catch crop, in the absence of female inflorescences, just before the end of the vegetation period, once the leaves begin presenting the first sign of yellowing, but no later than the onset of a forecast period of frost. In the case of dioecious varieties, only female plants shall be taken.

2.2.   Sample size

Procedure A: the sample shall comprise parts of 50 plants per field.

Procedure B: the sample shall comprise parts of 200 plants per field.

Each sample shall be placed in a fabric or paper bag, without crushing it, and be sent to the laboratory for analysis.

Member States may provide for a second sample to be collected for counter-analysis, if required, to be kept either by the producer or by the body responsible for the analysis.

2.3.   Drying and storage of the sample

Drying of the samples shall begin as soon as possible and, in any case, within 48 hours using any method below 70 °C.

Samples shall be dried to a constant weight and to a moisture content of between 8 % and 13 %.

After drying, the samples shall be stored without crushing them at below 25 °C in a dark place.

3. Determination of THC content

3.1.   Preparation of the test sample

Stems and seeds over 2 mm in size shall be removed from the dried samples.

The dried samples shall be grinded to obtain a semi-fine powder (passing through a 1 mm mesh sieve).

The powder may be stored for 10 weeks at below 25 °C in a dark, dry place.

3.2.   Reagents and extraction solution

Reagents

• — Δ9-tetrahydrocannabinol, pure for chromatographic purposes,

• — squalane, pure for chromatographic purposes, as an internal standard.

Extraction solution

• — 35 mg of squalane per 100 ml hexane.

3.3.   Extraction of THC

100 mg of the powdered test sample shall be weighed, be placed in a centrifuge tube and 5 ml of extraction solution shall be added containing the internal standard.

The sample shall be placed in an ultrasound bath and be left for 20 minutes. It shall be centrifuged for 5 minutes at 3 000 r.p.m. and then the supernatant THC solution shall be removed. The solution shall be injected into the chromatograph and a quantitative analysis shall be carried out.

3.4.   Gas chromatography

• (a) Apparatus
• — gas chromatograph with a flame ionisation detector and a split/splitless injector,
• — column allowing good separation of cannabinoids, for example a glass capillary column 25 m long and 0,22 mm in diameter impregnated with a 5 % non-polar phenyl-methyl-siloxane phase.

• (b) Calibration ranges At least three points for procedure A and five points for procedure B, including points 0,04 and 0,50 mg/ml THC in extraction solution.

• (c) Experimental conditions The following conditions are given as an example for the column referred to in point (a):
• — oven temperature 260 °C,
• — injector temperature 300 °C,
• — detector temperature 300 °C.

• (d) Volume injected: 1 μl.

4. Results

The findings shall be expressed to two decimal places in grams of THC per 100 grams of analytical sample dried to constant weight. A tolerance of 0,03 g per 100 g shall apply.

• — Procedure A: one determination per test sample. However, where the result obtained is above the limit laid down in Article 4(4), second subparagraph, of Regulation (EU) 2021/2115, a second determination shall be carried out per analysis sample and the mean value of the two determinations shall be taken as the result.

• — Procedure B: the result shall correspond to the mean value of two determinations per test sample.

ANNEX II

List of non-eligible types of expenditure referred to in Article 22(2)

PART I

In the fruit and vegetables sector, the apiculture sector, the hops sector, the olive oil and table olives sector and the other sectors referred to in Article 42, point (f), of Regulation (EU) 2021/2115

• 1.General production costs and, in particular, costs for (even certified) mycelium, seeds and non-perennial plants; plant protection products (including integrated control materials); fertilisers and other inputs; costs of collection or transport (internal or external); storage costs; packaging costs (including use and management of packaging), even as part of new processes; operating costs (in particular electricity, fuel and maintenance).

• 2.Reimbursement of loans taken out for an intervention which started to be implemented before the beginning of the operational programme.

• 3.Purchase of land not built on costing more than 10 % of all the eligible expenditure on the operation concerned.

• 4.Investments in means of transport to be used by the beneficiary in the apiculture sector or for marketing or distribution by the producer organisation.

• 5.Operating costs of goods hired.

• 6.Expenditure linked to leasing contracts (taxes, interest, insurance costs, etc.) and operating costs.

• 7.Subcontracting or outsourcing contracts relating to the operations or expenditure mentioned as not eligible in this list.

• 8.Any national or regional taxes or fiscal levies.

• 9.Interest on debt except where the contribution is made in a form other than a non-repayable direct assistance.

• 10.Investments in shares or capital of companies if the investment represents a financial investment.

• 11.Costs incurred by parties other than the beneficiary, producer organisation or its members, associations of producer organisations, or their producer members, or a subsidiary, or an entity within a chain of subsidiaries within the meaning of Article 31(7), or subject to Member State’s approval, by a cooperative which is member of a producer organisation.

• 12.Interventions referred to in Article 11 not taking place on the holdings and/or premises of the producer organisation, association of producer organisations, or their producer members, or a subsidiary, or an entity within a chain of subsidiaries within the meaning of Article 31(7), or subject to Member State’s approval, by a cooperative which is member of a producer organisation.

• 13.Interventions outsourced or implemented by the beneficiary, the producer organisation outside the Union, except promotion, communication and marketing type of intervention as referred to in Article 47(1), point (f), of Regulation (EU) 2021/2115.

PART II

In the wine sector

• 1.Day-to-day management of a vineyard

• 2.Protection against damage by game, birds or hail.

• 3.Construction of windbreaks and wind protection walls.

• 4.Driveways and elevators.

• 5.Purchase of tractors or any kind of transport vehicles.

• 6.Grubbing-up of infected vineyards and loss of revenue following mandatory grubbing up for health or phytosanitary reasons.

ANNEX III

List of eligible types of expenditure referred to in Article 22(3)

• 1. Specific costs for:
• — quality improvement measures,
• — biological plant protection materials (such as pheromones and predators) whether used in organic, integrated or conventional production,
• — agri-environment-climate interventions referred to in Article 12,
• — organic, integrated or experimental production, including specific costs for organic seeds and seedlings,
• — monitoring of compliance with the standards referred to in Title II of Implementing Regulation (EU) No 543/2011, with plant-health rules and with maximum level of residues. Specific costs shall mean the additional costs, calculated as the difference between the conventional production costs and the costs actually incurred, and income foregone resulting from an action excluding additional income and costs savings.

• 1. Veterinary medicinal products for the treatment of beehive invaders and diseases affecting bees.

• 1. Costs associated with the restocking of beehives and bee breeding.

• 1. Purchase of machinery and equipment for the improvement of honey production and collection.

• 1. Administrative and personnel costs relating to the implementation of operational programmes or to the relevant interventions, including reports, studies, costs of keeping accounts and the management of accounts, compulsory charges linked to wages and salaries if borne directly by the beneficiary, subsidiaries or an entity within a chain of subsidiaries within the meaning of Article 31(7), or, subject to Member State’s approval, by a cooperative which is member of a producer organisation.

• 1. Purchase of land not built on where purchase is necessary to carry out an investment included in the operational programme provided it costs less than 10 % of all the eligible expenditure on the operation concerned. In exceptional and duly justified cases, a higher percentage may be fixed for operations concerning environmental conservation.

• 1. Purchase or leasing of tangible assets, including second hand tangible assets provided they have not been purchased with Union or national support in a period of 5 years preceding the purchase or leasing within the limit of the net market value of the tangible asset.

• 1. Hire of physical assets where economically justified as an alternative to purchase, at the approval of the Member State.

• 1. For the sectors referred to in Article 42, points (a), (d), (e) and (f), of Regulation (EU) 2021/2115, investments in transport vehicles where the producer organisation duly justifies to the Member State concerned that the transport vehicle is used for transport internal to the premises of the producer organisation; and investments in additional on-the-truck facilities for cold-storage or controlled atmosphere transport.

• 1. Investments in shares or capital of companies contributing directly to the achievement of the goals of the operational programme.

ANNEX IV

Statement for packaging of products referred to in Article 25(3), point (a)

• — Продукт, предназначен за безвъзмездно разпределяне (Делегиран регламент (ЕС) 2022/126)

• — Producto destinado a su distribución gratuita [Reglamento Delegado (UE) 2022/126]

• — Produkt určený k bezplatné distribuci (nařízení v přenesené pravomoci (EU) 2022/126)

• — Produkt til gratis uddeling (delegeret forordning (EU) 2022/126)

• — Zur kostenlosen Verteilung bestimmtes Erzeugnis (delegierte Verordnung (EU) 2022/126)

• — Tasuta jagamiseks mõeldud tooted [delegeeritud määrus (EL) 2022/126]

• — Προϊόν προοριζόμενο για δωρεάν διανομή [κατ’εξουσιοδότηση κανονισμός (ΕΕ) 2022/126]

• — Product for free distribution (Delegated Regulation (EU) 2022/126)

• — Produit destiné à la distribution gratuite [règlement délégué (UE) 2022/126]

• — Proizvod za besplatnu distribuciju (Delegirana uredba (EU) 2022/126)

• — Prodotto destinato alla distribuzione gratuita [regolamento delegato (UE) 2022/126]

• — Produkts paredzēts bezmaksas izplatīšanai [Deleģētā regula (ES) 2022/126]

• — Nemokamai platinamas produktas (Deleguotasis reglamentas (ES) 2022/126)

• — Ingyenes szétosztásra szánt termék ((EU) 2022/126 felhatalmazáson alapuló rendelet)

• — Prodott għad-distribuzzjoni bla ħlas (Ir-Regolament Delegat (UE) 2022/126)

• — Voor gratis uitreiking bestemd product (Gedelegeerde Verordening (EU) 2022/126)

• — Produkt przeznaczony do bezpłatnej dystrybucji [Rozporządzenie delegowane (UE) 2022/126]

• — Produto destinado a distribuição gratuita [Regulamento Delegado (UE) 2022/126]

• — Produs destinat distribuirii gratuite [Regulamentul delegat (UE) 2022/126]

• — Výrobok určený na bezplatnú distribúciu [delegované nariadenie (EÚ) 2022/126]

• — Proizvod, namenjen za prosto razdelitev (Delegirana uredba (EU) 2022/126)

• — Ilmaisjakeluun tarkoitettu tuote (delegoitu asetus (EU) 2022/126)

• — Produkt för gratisutdelning (delegerad förordning (EU) 2022/126)

• — Táirge lena dháileadh saor in aisce (Rialachán Tarmligthe (AE) 2022/126)

ANNEX V

Maximum amounts of support for market withdrawals referred to in Article 26(1) and (4), first subparagraph

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

ANNEX VI

Minimum requirements for withdrawal of products referred to in Article 29(2)

• 1.The products shall be:

• — whole, when it applies to fresh raw products,

• — sound; products affected by rotting or deterioration such as to make them unfit for consumption shall be excluded,

• — clean, practically free from any visible foreign matter,

• — practically free from pests and damage caused by pests where applicable,

• — free of abnormal moisture,

• — free of any foreign taste or smell.

• 2.Products must be suitable for marketing and consumption, sufficiently developed and ripe where applicable, taking account of their normal characteristics.

• 3.Products must be characteristic of the variety or commercial type or quality where applicable.

ANNEX VII

Conditioning costs referred to in Article 33

Product	Sorting and packing costs (EUR/t)
Apples	187,70
Pears	159,60
Oranges	240,80
Clementines	296,60
Peaches	175,10
Nectarines	205,80
Watermelons	167,00
Cauliflowers	169,10
Other products	201,10

[^E0001]: Commission Implementing Regulation (EU) 2022/1173 of 31 May 2022 laying down rules for the application of Regulation (EU) 2021/2116 of the European Parliament and of the Council with regard to the integrated administration and control system in the common agricultural policy (OJ L 183, 8.7.2022, p. 23, ELI: http://data.europa.eu/eli/reg_impl/2022/1173/oj).

[^E0002]: Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ L 193, 20.7.2002, p. 1, ELI: http://data.europa.eu/eli/dir/2002/53/oj).

[^E0003]: Council Directive 2002/57/EC of 13 June 2002 on the marketing of seed of oil and fibre plants (OJ L 193, 20.7.2002, p. 74, ELI: http://data.europa.eu/eli/dir/2002/57/oj).

[^E0004]: Commission Directive 2008/62/EC of 20 June 2008 providing for certain derogations for acceptance of agricultural landraces and varieties which are naturally adapted to the local and regional conditions and threatened by genetic erosion and for marketing of seed and seed potatoes of those landraces and varieties (OJ L 162, 21.6.2008, p. 13, ELI: http://data.europa.eu/eli/dir/2008/62/oj).

[^E0005]: Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

[^E0006]: Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1, ELI: http://data.europa.eu/eli/dir/2000/60/oj).

[^E0007]: Regulation (EU) 2020/741 of the European Parliament and of the Council of 25 May 2020 on minimum requirements for water reuse (OJ L 177, 5.6.2020, p. 32).

[^E0008]: Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information, communication and visibility measures for operations and the system to record and store data (OJ L 223, 29.7.2014, p. 7).

[^E0009]: Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4).

[^E0010]: 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).

[^E0011]: 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 (OJ L 138, 25.5.2017, p. 4).

[^E0012]: Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).

[^E0013]: Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of purebred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and 90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (OJ L 171, 29.6.2016, p. 66).

[^E0014]: OJ C 341, 16.12.2010, p. 5.

[^E0015]: 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 (OJ L 347, 20.12.2013, p. 549).

[^E0016]: Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance (OJ L 181, 20.6.2014, p. 48).

[^E0017]: Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187).