Commission Implementing Regulation (EU) 2024/2391 of 10 September 2024 amending Implementing Regulation (EU) 2017/1185 as regards certain reporting requirements, certain notifications to the Commission of information, and documents in the agricultural markets sector

Type Implementing Regulation
Publication 2024-09-11
State In force
Text As published
Department AGRI, European Commission
Source EUR-Lex
articles 3

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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Image omitted; see official source Official Journal of the European Union EN L series
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2024/2391 11.9.2024

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 Article 223(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2017/1185 is amended as follows:

‘5.   Paragraph 4 shall not apply in the case of sugar production for Member States with less than three economic operators, provided that the respective Member State agrees that the Commission publishes this information. The Commission shall not publish this information before the month of March of the marketing year following the marketing year concerned.’

;

‘1.   For each price and quantity notification required by this Section, Member States shall notify the source and methodology used to determine the information provided within 6 months after the application date of the notification obligation. Such notifications shall include information on the representative markets determined by Member States and the associated weighting coefficients.’

;

‘2.   Member States shall notify the Commission of any changes to the information provided in accordance with paragraph 1. Such information shall be notified at the latest at the time of the first data notification according to the modified source or methodology. Member States shall aim to ensure the methodological stability that supports data series continuity.’

;

Article 2

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

Article 1 , point (3) shall apply from 18 December 2024.

However, the notification obligations referred to in the following points of the Annexes to Implementing Regulation (EU) 2017/1185 as amended by this Regulation shall apply from the following dates:

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

Done at Brussels, 10 September 2024.

For the Commission

The President

Ursula VON DER LEYEN

2

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 (OJ L 171, 4.7.2017, p. 113, ELI: http://data.europa.eu/eli/reg_impl/2017/1185/oj).

3

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – Long-term competitiveness of the EU: looking beyond 2030 (COM(2023) 168).

4

Commission Implementing Regulation (EU) 2019/1746 of 1 October 2019 amending Implementing Regulation (EU) 2017/1185 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 (OJ L 268, 22.10.2019, p. 6, ELI: http://data.europa.eu/eli/reg_impl/2019/1746/oj).

5

Commission Implementing Regulation (EU) 2022/791 of 19 May 2022 amending Implementing Regulation (EU) 2017/1185 as regards the notification of levels of stocks of cereals, oilseeds and rice (OJ L 141, 20.5.2022, p. 15, ELI: http://data.europa.eu/eli/reg_impl/2022/791/oj).

6

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, ELI: http://data.europa.eu/eli/reg_del/2017/891/oj).

7

Commission Delegated Regulation (EU) 2018/273 of 11 December 2017 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, the vineyard register, accompanying documents and certification, the inward and outward register, compulsory declarations, notifications and publication of notified information, and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks and penalties, amending Commission Regulations (EC) No 555/2008, (EC) No 606/2009 and (EC) No 607/2009 and repealing Commission Regulation (EC) No 436/2009 and Commission Delegated Regulation (EU) 2015/560 (OJ L 58, 28.2.2018, p. 1, ELI: http://data.europa.eu/eli/reg_del/2018/273/oj).

8

Commission Implementing Regulation (EU) 2018/274 of 11 December 2017 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the scheme of authorisations for vine plantings, certification, the inward and outward register, compulsory declarations and notifications, and of Regulation (EU) No 1306/2013 of the European Parliament and of the Council as regards the relevant checks, and repealing Commission Implementing Regulation (EU) 2015/561 (OJ L 58, 28.2.2018, p. 60, ELI: http://data.europa.eu/eli/reg_impl/2018/274/oj).

ANNEX

Annexes I, II and III to Implementing Regulation (EU) 2017/1185 are amended as follows:

  • ‘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[^ntr*1-L_202402391EN.000601-E0001] 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.

[^ntr*1-L_202402391EN.000601-E0001]: 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, ELI: http://data.europa.eu/eli/reg_del/2017/891/oj).’;"

  • (c) in point 6, ‘Meat’, the paragraph ‘Buying prices’ is deleted;
  • (d) in point 7, ‘Milk and milk products’, the paragraph ‘Buying prices’ is deleted;
  • (e) in point 9, ‘Poultry meat’, the paragraph ‘Buying prices’ is deleted;
  • (2) Annex II is amended as follows:
  • (a) in point 3, ‘Sugar’, the paragraph ‘Buying prices’ is replaced by the following:

‘ 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.’;

‘ Buying prices

Content of the notification: retailers’ representative buying prices 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.

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

Other: representative prices shall correspond to conditioned virgin olive oil and extra virgin olive oil in containers ready to be offered to final consumers and shall cover at least one third of the national purchases of the product concerned.’;

‘ Content of the notification: the national weighted averages of the prices for the previous month, expressed per hectolitre of product, for the following product categories:

  • (a) Wine: for the grapevine products referred to in point (1) of Part II of Annex VII to Regulation (EU) No 1308/2013, broken down in six classes: red/rosé and white, respectively for wines with protected designation of origin, wines with protected geographical indication, and wines without geographical indication;
  • (b) Sparkling wine: for the grapevine products referred to in points (4), (5) and (6) of Part II of Annex VII to Regulation (EU) No 1308/2013 combined in a single class, for products with a geographical indication irrespective of their colour;
  • (c) Organic wine: (i) for the grapevine products referred to in point (1) of Part II of Annex VII to Regulation (EU) No 1308/2013, broken down in two classes: red/rosé and white wine with protected designation of origin; (ii) for sparkling wines as referred to in points (4), (5) and (6) of Part II of Annex VII to Regulation (EU) No 1308/2013, all colours together, for products with geographical indication.’;

‘ Other: prices shall be notified for products in bulk ex-producer’s premises. For the sparkling wines referred to in point (b) and point(c)(ii), the prices shall be notified for the base wine used to produce them:

— For the information referred to in points (a) and (b), the Member States concerned shall select the most representative wine markets covering a minimum share of 70 % of the national production for each of the product class defined in ‘Content of the notification’ of this point. The information referred to in points (a) and (b) may not include organic grapevine products.

— For the information referred to in point (c) the selection shall cover at least 50 % of the national production of the product class concerned.’;

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

‘ Buying prices

Content of the notification: retailers’ and other food business operators’ representative buying prices of butter and relevant cheeses expressed per 100 kg of product.

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

  • ‘8. Fruit and vegetables, bananas and potatoes
  • (a) Prices for organic fresh fruit and vegetables

Content of the notification: representative prices of organic tomatoes, apples, oranges, peaches and nectarines for the types and varieties listed in Annex VI to Delegated Regulation (EU) 2017/891.

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

Other: prices of organic products shall be notified in the same way as referred to in Article 55 of Delegated Regulation (EU) 2017/891 for conventional products.

  • (b) Prices for green bananas

Content of the notification:

  • (a) representative prices on local markets of green bananas, marketed in the region of production and related quantities;
  • (b) national weighted average price per country of origin;
  • (c) representative prices of conventional non-organic green bananas, marketed outside the region of production and related quantities;
  • (d) forecast of the data referred to in points (a) and (c) for the two subsequent periods of notification.

Period of notification:

  • — by 15 June each year in respect of the previous period from 1 January to 30 April,
  • — by 15 October each year in respect of the previous period from 1 May to 31 August,
  • — by 15 February each year in respect of the previous period from 1 September to 31 December.

Member States concerned: Member States with a region of production, namely:

  • (a) the Canary Islands;
  • (b) Guadeloupe;
  • (c) Martinique;
  • (d) Madeira and the Azores;
  • (e) Crete;
  • (f) Cyprus.

Other:

  • (i) prices for green bananas marketed in the Union outside their region of production shall be at the first port of unloading (goods not unloaded),
  • (ii) prices shall be expressed per 100 kg of product.
  • (c) Farmgate prices

Content of the notification: representative prices of tomatoes, apples and oranges, peaches and nectarines intended for processing.

Period of notification:

  • (a) for tomatoes for processing, by 31 January in respect of the previous calendar year;
  • (b) for the other products, by the 25th each month in respect of the preceding month.

Other: prices shall be notified:

  • (i) expressed per 100 kg of product,
  • (ii) at farmgate and products harvested.
  • (d) Retail buying prices

Content of the notification: representative retail buying prices of tomatoes, apples, oranges, peaches and nectarines for the types and varieties listed in Annex VI to Delegated Regulation (EU) 2017/891.

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

Other: prices shall be notified:

  • (i) for conventional non-organic products,
  • (ii) by product, type and variety, as relevant. For prices reported by type and variety, a national weighed average price per product, except for tomatoes, is also notified,
  • (iii) expressed per 100 kg net weight of product.
  • (e) Retail selling prices

Content of the notification: representative retail selling prices of tomatoes, apples, oranges, peaches and nectarines, and yellow bananas for types and varieties listed in Annex VI to Delegated Regulation (EU) 2017/891, and ware potatoes.

Member States concerned: in case of yellow bananas, all Member States marketing on average more than 50 000 tonnes of yellow bananas per year over the period of the 5 last calendar years.

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

Other: prices shall be notified:

  • (i) for conventional non-organic products,
  • (ii) at retail-shelf for the most representative retailers,
  • (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, is also notified,
  • (iv) 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,
  • (v) expressed per 100 kg net weight of product.’;

‘ Buying prices

Content of the notification: retailers’ and other food business operators’ representative buying prices for pig and beef minced meat, expressed per 100 kg of product.

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

‘ Buying prices

Content of the notification: retailers’ and other food business operators’ representative buying prices for whole Class A chickens (“65 % chickens”) and chicken breast fillets, expressed per 100 kg of product.

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

  • ‘1a. Rice

Content of the notification: for each of the types of rice referred to in Part I, points 2 and 3, of Annex II to Regulation (EU) No 1308/2013:

  • (a) area planted, agronomic yield, production of paddy rice in the harvest year and milling yield;
  • (b) domestic use (including by the processing industry) of rice expressed in milled equivalent;
  • (c) combined monthly levels of stocks of rice (expressed in milled equivalent) held by producers and rice mills separated out into “Japonica” (Part I, point 2(a), point 2(b) and point 2(c)(i), of Annex II to Regulation (EU) No 1308/2013) and “Indica” (Part I, point 2(c)(ii), of Annex II to Regulation (EU) No 1308/2013).

Period of notification: by 15 January each year in respect of the previous year as regards area planted and domestic use; by the end of each month in respect of the preceding month as regards “Japonica” and “Indica” total monthly stocks.

Member States concerned:

  • (a) for paddy rice production, all rice producing Member States;
  • (b) for domestic use, all Member States;
  • (c) for rice stocks, all rice producing Member States and Member States with rice mills.’;

‘ Period of notification: by 15 November each year in respect of area harvested in that year as regards area accepted for certification; by 15 January each year in respect of the previous year as regards harvested seed; by the end of February, and between the end of July and the end of September, as soon as possible after harvesting is completed and before sowing starts for each crop, in respect of the preceding month as regards stocks.’;

‘ Content of the notification:

  • (a) quantities of sugar production, including imports, stored at the end of each month by sugar undertakings and refiners;
  • (b) quantities of isoglucose production, including imports, stored by isoglucose producers at the end of the previous marketing year.’;
  • ‘3. Fibre crops

Content of the notification:

  • (a) the fibre flax area for the previous marketing year and the estimate for the current marketing year, expressed in hectares;
  • (b) the production of long flax fibres for the previous marketing year and an estimate for the current marketing year, expressed in tonnes;
  • (c) the weighted average prices ex-factory during the previous marketing year, recorded on the main representative markets for long flax fibre, expressed per tonne of product;
  • (d) the area planted with cotton for the previous crop year and an estimate for the current crop year, expressed in hectares;
  • (e) the production of unginned cotton for the previous crop year and an estimate for the current crop year and, expressed in tonnes;
  • (f) the average price of unginned cotton paid to cotton producers in respect of the previous crop year, expressed per tonne of product;
  • (g) the area planted with hemp as defined in Article 189(1), point (a), of Regulation (EU) No 1308/2013 for the previous marketing year and the estimate for the current marketing year, expressed in hectares;
  • (h) the production of hemp fibres for the previous marketing year and an estimate for the current marketing year, expressed in tonnes;
  • (i) the weighted average prices ex-factory during the previous marketing year, recorded on the main representative markets for hemp fibre, expressed per tonne of product.

Period of notification: by 31 October each year in respect of planted area, production and weighted average prices ex-factory.

Member States concerned:

  • (a) for flax, all Member States where long flax fibres are produced from a planted area exceeding 1 000 ha of fibre flax;
  • (b) for cotton, all Member States where at least 1 000 ha of cotton are sown;
  • (c) for hemp, all Member States where hemp fibres are produced from a planted area exceeding 1 000 ha of fibre hemp.’;
  • ‘(c) Stocks: (i) a summary of the stock declarations of wine and must of the previous wine marketing year held at 31 July referred to in Article 32 of Delegated Regulation (EU) 2018/273; and (ii) quarterly summaries of the stocks held at 31 October, 31 January, and 30 April for the ongoing marketing year.

Stocks referred to in point (c) shall be notified broken down by colour (red/rosé, white) and product type (wine with protected designation of origin, wine with protected geographical indication, wine without geographical indication and must).’;

  • ‘(b) definitive result of the production declaration: by 15 February each year;
  • (c) stocks: summary of stocks declarations held at 31 July, by 15 October each year, and quarterly summaries of stocks by 15 December, 15 March, 15 June held at the respective dates indicated in point (c) of the content of the notification;
  • (d) final balance sheet: by 15 October each year in relation to previous marketing year.’;
  • ‘7a. Fruit and vegetables

Content of the notification: produced quantities of tomatoes, apples, oranges, peaches and nectarines meant for fresh consumption.

Member States concerned: Member States listed in Annex VI to Delegated Regulation (EU) 2017/891.

Period of notification: for apples, oranges, peaches and nectarines meant for fresh consumption yearly notification on 31 March of year N + 1 for year N, for tomatoes 31 May of year N + 1 for year N.

Other: prices shall be notified expressed in tonnes of fresh product.’.

[^ntc*1-L_202402391EN.000601-E0001]  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, ELI: http://data.europa.eu/eli/reg_del/2017/891/oj).’;’

ELI: http://data.europa.eu/eli/reg_impl/2024/2391/oj

ISSN 1977-0677 (electronic edition)

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