Commission Delegated Regulation (EU) 2022/2092 of 25 August 2022 amending Delegated Regulation (EU) 2016/232 and Delegated Regulation (EU) 2017/891 with regard to notifications by Member States of recognised producer organisations, associations of producer organisations and interbranch organisations

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 ¹, and in particular Articles 173(1) and 223(2), point (a), thereof,

Whereas:

• (1) Regulation (EU) No 1308/2013 lays down specific rules on the recognition of producer organisations, associations of producer organisations and interbranch organisations and empowers the Commission to adopt delegated and implementing acts in that respect.

• (2) Regulation (EU) No 1308/2013 provides that Member States must inform the Commission of their decisions to grant, refuse or withdraw recognitions for producer organisations, associations of producer organisations and interbranch organisations during the previous calendar year.

• (3) Commission Delegated Regulation (EU) 2016/232 ² lays down rules that clarify, among other things, the scope of the notifications of Member States to the Commission with regard to those decisions.

• (4) Commission Delegated Regulation (EU) 2017/891 ³ lays down the information to be included in the annual report of Member States in the field of fruit and vegetables sector and processed fruit and vegetables sector. In order to avoid any duplication between the notification requirements laid down in this act and those laid down in other sectoral notification channels, Annex V, Part A, point 2, to Delegated Regulation (EU) 2017/891 should be deleted and all information referred to therein should be notified under Delegated Regulation (EU) 2016/232.

• (5) The current notification system provided for in Delegated Regulation (EU) 2016/232 does not enable the Commission to establish the total number of producer organisations, associations of producer organisations and interbranch organisations recognised by the Member States. The reason is that the annual notifications by Member States only cover the previous year’s recognitions or withdrawals. Moreover, there are different notification channels used depending on the agricultural sector concerned. The whole system should therefore be streamlined and, in particular, reporting on the recognition decisions should be improved.

• (6) In a number of instances, the common agricultural policy (CAP) provides for specific financing rules and competition derogations for recognised producer organisations, associations of producer organisations and interbranch organisations. The information about such recognised entities including their number is therefore important so that the effectiveness of policy measures concerning recognised entities under the CAP can be monitored and assessed. To this end, the information to be submitted by Member States should give accurate information about the overall number of recognised entities in Member States as well as the names of the entities and, where applicable, their identification number, including the indication as to which of those entities have implemented an operational programme in accordance with Article 42 of Regulation (EU) 2021/2115 of the European Parliament and of the Council ⁴ during the previous financial year.

• (7) When recognised producer organisations also have non-producers as their members, it is important to identify the number of producers in the total membership. This enables the Commission to draw conclusions on trends and developments of the markets and ultimately ensure optimal monitoring of the policy.

• (8) In accordance with Commission Implementing Regulation (EU) 2017/1185 ⁵, Member States are to use the information technology-based system of the Commission when notifying information and documents pursuant to Regulation (EU) No 1308/2013 and in the acts adopted on the basis of that Regulation.

• (9) Delegated Regulations (EU) 2016/232 and (EU) No 2017/891 should therefore be amended accordingly.

• (10) In order to ensure that there is no disruption between the old and the new notification regimes, the rules laid down in this Regulation will apply as of 1 January 2023,

HAS ADOPTED THIS REGULATION:

Article 1

Article 5 of Delegated Regulation (EU) 2016/232 is replaced by the following:

‘Article 5

Notifications

• (a) the name, the identification number, if any, and the date of recognition of the recognised entities, as well as the relevant provision of Regulation (EU) No 1308/2013 under which each entity has been recognised;

• (b) the total number of members of each entity;

• (c) the indication as to which of those entities have implemented an operational programme in accordance with Article 42 of Regulation (EU) 2021/2115 during the previous financial year;

• (d) for producer organisations, the number of their non-producer members;

• (e) the name of the entities for which recognition was refused, suspended or withdrawn, including the date of the decision, and, where appropriate, their identification number;

• (f) the name of the recognised entities that merged with other recognised entities, including the date of the merger, the total number and name of recognised entities resulting from the merger and, where appropriate, their identification number.

By 31 March each year, Member States shall also notify the Commission of a complete and updated list of all recognised entities having that status on 31 December of the previous year, accompanied by the relevant information listed in the first subparagraph.

• (a) the value of marketed production per entity, determined in accordance with Articles 31 and 32 of Commission Delegated Regulation (EU) 2022/126(^*1) and, where appropriate, for each product or list of products for which the recognition was granted. If no data on marketed production is available, a value of ‘0’ shall be communicated;

• (b) for entities recognised in the milk and milk products sector, where appropriate, the annual marketable raw milk volumes produced by each entity, broken down per Member State of production in the case of a transnational organisation;

• (c) for entities recognised in the fruit and vegetable sector, the part of the production intended for the fresh market and the part of the production intended for processing, in value and volume.

Article 2

In Part A of Annex V to Delegated Regulation (EU) 2017/891, point 2 is deleted.

Article 3

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

It shall apply from 1 January 2023.

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

Done at Brussels, 25 August 2022.

For the Commission

The President

Ursula VON DER LEYEN