Nařízení Komise v přenesené pravomoci (EU) 2025/2184 ze dne 10. září 2025, kterým se mění nařízení v přenesené pravomoci (EU) 2016/232 a (EU) 2017/891, pokud jde o některá pravidla týkající se organizací producentů, povinnosti oznamovat produkční ceny a provádění některých dovozních mechanismů v odvětví ovoce a zeleniny

Identifier:: 32025R2184
Status:: effective
Text language:: en

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 1234/2007OJ L 347, 20.12.2013, p. 671 , ELI: http://data.europa.eu/eli/reg/2013/1308/oj. , and in particular Article 173(1), points (a), (b), (c), (d) and (j), Article 181(2) and Article 223(2), point (a), thereof,

In Article 5(2a) of Delegated Regulation (EU) 2016/232, the following second subparagraph is added: In the fruit and vegetables and processed fruit and vegetables sectors, the information notified shall also include the economic area or areas in which the extension of rules apply.

OJ L 347, 20.12.2013, p. 671 , ELI: http://data.europa.eu/eli/reg/2013/1308/oj.

(1) Commission Delegated Regulation (EU) 2017/891Commission 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). supplements Regulation (EU) No 1308/2013 with regard to the recognition of producer organisations, associations of producer organisations, the notification of producer prices and of values and volumes of certain imported products by Member States in the fruit and vegetables and processed fruit and vegetables sectors.

(2) In order to improve clarity and to harmonise and simplify the governance of the producer organisations, the definitions of transnational producer organisation and transnational association of producer organisations should be aligned with their horizontal definitions set out in Commission Delegated Regulation (EU) 2016/232Commission Delegated Regulation (EU) 2016/232 of 15 December 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to certain aspects of producer cooperation (OJ L 44, 19.2.2016, p. 1 , ELI: http://data.europa.eu/eli/reg_del/2016/232/oj). . Furthermore, it should be clarified that for the purpose of recognition, the same rules apply to producer organisations and associations of producer organisations as to the transnational formations thereof.

(3) It is necessary to clarify that a producer organisation recognised for products intended solely for processing may process those products by itself, in its own facilities or in those of a subsidiary or deliver them to an external processing facility.

(4) The value of marketed production is one of the requirements for the recognition of a producer organisation or an association of producer organisations. As the calculation of the value of marketed production is governed by Regulation (EU) 2021/2115 of the European Parliament and of the CouncilRegulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1 , ELI: http://data.europa.eu/eli/reg/2021/2115/oj). , it is necessary to update the legal reference to the valid methodology for the calculation of the value of marketed production, which is laid down in Commission Delegated Regulation (EU) 2022/126Commission 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 (OJ L 20, 31.1.2022, p. 52 , ELI: http://data.europa.eu/eli/reg_del/2022/126/oj). . Likewise, it is necessary to update the legal reference to the

(5) The increasing occurrence of extreme events, such as natural disasters, climatic events, plant diseases or pest infestations, may result in a significant decrease in the production of the members of a producer organisation. In case the producer organisation is also selling products from non-member producers, compliance with the proportion of the value of that activity as compared to the value of the marketed production of members may excessively restrict the overall economic activity of the producer organisation and threaten its recognition. It is thus necessary to allow recognised producer organisations to benefit from a derogation from the calculation of the value of their marketed production under those extreme circumstances, to ensure the stability of their operations.

(6) Concentration of supply is the main aim of recognised producer organisations. One way to achieve this is through mergers. In case of mergers, for the sake of simplification, the provisions for assigning a number for the purposes of the unique identification system should allow Member States to either maintain one of the existing identification numbers for the resulting producer organisation or assign a new number.

(7) The Member States are to collect and notify the information specified in Article 222a(4) of Regulation (EU) No 1308/2013. To improve clarity regarding notification, it is necessary to determine the fruit and vegetables for which the types or varieties and packaging formats the producer prices are to be notified. To ensure that the methodology for the collection of the prices to be notified is the same along the whole supply chain, from farmgate to retail stage, alignment with the methodology set out in Commission Implementing Regulation (EU) 2017/1185Commission 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). is necessary.

(8) As the financing of operational programmes of recognised producer organisation falls within the scope of Regulation (EU) 2021/2115, it is necessary to clarify which payments may be suspended or recovered in cases where producer organisations fail to respect the recognition criteria.

(9) While Member States are to exclude producers of organic products to determine the representativeness of producer organisations and association of producer organisations, organic production should be taken into account if the extension of rules expressly and specifically applies also to producers, producer organisations and associations of producer organisations of organic products.

(10) Rules on the notification of decisions on extension of rules taken by Member States pursuant to Article 164(6) of Regulation (EU) No 1308/2013 are governed by Article 5(2a) of Delegated Regulation (EU) 2016/232, which specifies the deadlines and information to be notified. Member States have to notify information on the extension of rules in the fruit and vegetables and processed fruit and vegetables sectors also under Article 70 of Delegated Regulation (EU) 2017/891. To avoid double notification, the obligation to notify information on the extension of rules should be deleted from Delegated Regulation (EU) 2017/891.

(11) Under Article 70 of Delegated Regulation (EU) 2017/891, Member States are required to notify the economic area or areas in which the extension of rules applies. Notification of that information is not required under Delegated Regulation (EU) 2016/232. Due to the specificity of the fruit and vegetables and processed fruit and vegetables sectors, where the extension of rules is regularly used at regional level or in specific production areas, but not at national level, the requirement to notify the economic area or areas of the extension concerning those sectors should be included in Delegated Regulation (EU) 2016/232.

(12) Member States are required to notify prices and quantities of certain fruit and vegetables on the basis of quotations collected in representative import markets, if the imports are above 10 tonnes. Due to changes in market dynamics and the development of trade flows, it is necessary to improve the rules on notification so that they reflect those changes and provide for alternative methods of data collection in case no representative import markets are identified by the Member States. Furthermore, to reduce the administrative burden and the number of notifications, while increasing the robustness of the system, the notifications should be done on a weekly basis. It is also necessary to introduce a definition of the market week in Delegated Regulation (EU) 2017/891.

(13) Article 181(1) of Regulation (EU) No 1308/2013 provides the basis for the establishment of the entry price system for certain products of the fruit and vegetables and processed fruit and vegetables sector. When applying the customs value for the fruit and vegetables referred to in Annex VII to Delegated Regulation (EU) 2017/891, the importer must pay a guarantee if the conditions laid down in Article 75 of that Delegated Regulation are met. It is thus necessary to clearly set the periods of application where the guarantee to be provided by the importer is required.

(14) To provide clarity on the list of products for the purposes of the entry price system, it is necessary to reflect and update the codes in Annex VII to Delegated Regulation (EU) 2017/891 according to the valid Combined Nomenclature.

(15) Delegated Regulations (EU) 2016/232 and (EU) 2017/891 should therefore be amended accordingly,

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).

Article 1 Article 1

Article 3 Article 3

Article 55 Article 55 Notification of producer prices of fruit and vegetables on the internal market 1.Member States shall notify the Commission, by 12.00 hours (Brussels time) each Wednesday, of the producer prices recorded in representative markets of the production areas of the fruit and vegetables concerned during the previous week, where data are available, as follows: (a) for fruit and vegetables covered by the general marketing standard set out in Part A of Annex I to Commission Delegated Regulation (EU) 2023/2429 , the price of products meeting that standard;(b) for products covered by a specific marketing standard set out in Part B of Annex I to Delegated Regulation (EU) 2023/2429, the price of products of class I. Member States shall only notify prices of fruit and vegetables produced within their territory. The prices shall cover conventional, non-organic fruit and vegetables intended for the fresh market. 2.Regarding the requirement referred to in paragraph 1, Member States shall notify the weighted average price for each product, their types, varieties and sizes or packaging presentations referred to in Annex VI to this Regulation, if applicable. Additionally, for prices reported by type, variety and, where applicable, size and packaging presentations, a national weighted average price per product, except for tomatoes, shall also be notified. Where recorded prices concern other types, varieties, sizes or packaging presentations than those specified in Annex VI, Member States shall notify the Commission of the types, varieties, sizes and presentations of the products concerned. 3.The notified prices shall be ex-packaging station, sorted, packaged and, where applicable, on pallets, expressed in euro per 100 kilograms net weight. 4.Member States may notify the price as specified in paragraph 2 of other fruit and vegetables and their varieties not mentioned in Annex VI on a voluntary basis. 5.Member States shall notify the Commission, within six months after the date of the notification, of the methodology used to establish the prices referred to in paragraph 2, including the representative markets and their weights, as well as any modification thereof.

Article 74 Article 74 Notification of weighted average representative prices and quantities of imported products 1.For each product and for the periods set out in Part A of Annex VII, for each market week and origin, Member States shall notify the Commission, by 18:00 (Brussels times) each Monday of the quantity and weighted average representative price of the imported products sold in the Member States during the previous market week. For the products for which the period of application referred to in Part A of Annex VII does not cover the entire year, the first market week for which the prices shall be notified is the second week before the beginning of the period of application. For those products, the last market week whose prices shall be notified is the week preceding the end date of the period of application. 2.The price referred to in paragraph 1, first subparagraph, shall be recorded for all the available varieties and sizes, at the importer or wholesaler stage for each import market or, where no prices at that stage are available, the wholesaler or retailer stage. It shall be recorded for each import market that Member States consider representative, and which shall include at least Milan, Perpignan and Rungis or, where no import markets are defined by the Member States, the weighted average representative price shall be recorded at national level. Where the weighted average representative price is established at the wholesaler or retailer stage, it shall be reduced by: (a) 9 % to take into account the wholesaler’s trade margin; and(b) EUR 0,7245 per 100 kilograms in respect of the costs of handling and market taxes and charges. 3.The weighted average representative prices shall be reduced by the following amounts: (a) a marketing margin of 15 % for the marketing centres Milan and Rungis and of 8 % for other marketing centres; and(b) the costs of transport and insurance within the customs territory of the Union. 4.For the costs of transport and insurance to be deducted pursuant to paragraph 3, point (b), Member States may fix standard amounts for deduction. Such standard amounts and the methods for calculating them, as well as possible modification thereof, shall be notified to the Commission immediately. 5.For products listed in Part A of Annex VII covered by a specific marketing standard, the representative prices shall be the weighted average of Class I and Class II of each product concerned, unless products in one class account for at least 90 % of the total quantities marketed, in which case only the quotations for that class shall be taken into account. For products listed in Part A of Annex VII that are not covered by a specific marketing standard, product prices complying with the general marketing standard shall be deemed to be representative. 6.Where the quantity referred to in paragraph 1, first subparagraph, for a product is less than 10 tonnes in a market week, the corresponding weighted average representative price shall not be notified to the Commission. The threshold of 10 tonnes shall be intended as the cumulative volume over the market week. If the market week has less than five working days, Member States shall apply a proportional reduction of 2 tonnes per non-working day to that threshold.

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

Commission Delegated Regulation (EU) 2016/232 of 15 December 2015 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to certain aspects of producer cooperation (OJ L 44, 19.2.2016, p. 1 , ELI: http://data.europa.eu/eli/reg_del/2016/232/oj).

Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1 , ELI: http://data.europa.eu/eli/reg/2021/2115/oj).

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 (OJ L 20, 31.1.2022, p. 52 , ELI: http://data.europa.eu/eli/reg_del/2022/126/oj).

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).

Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 3.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).;

Regulation (EU) 2021/2117 of the European Parliament and of the Council of 2 December 2021 amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products and (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union (OJ L 435, 6.12.2021, p. 262 , ELI:http://data.europa.eu/eli/reg/2021/2117/oj).;

Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1 , ELI: http://data.europa.eu/eli/reg/2018/848/oj).;

Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558 , ELI: http://data.europa.eu/eli/reg_impl/2015/2447/oj).;

Member States shall notify the Commission, by 12.00 hours (Brussels time) each Wednesday, of the producer prices recorded in representative markets of the production areas of the fruit and vegetables concerned during the previous week, where data are available, as follows:

(a) for fruit and vegetables covered by the general marketing standard set out in Part A of Annex I to Commission Delegated Regulation (EU) 2023/2429 , the price of products meeting that standard;

(b) for products covered by a specific marketing standard set out in Part B of Annex I to Delegated Regulation (EU) 2023/2429, the price of products of class I.

Member States shall only notify prices of fruit and vegetables produced within their territory. The prices shall cover conventional, non-organic fruit and vegetables intended for the fresh market.

Regarding the requirement referred to in paragraph 1, Member States shall notify the weighted average price for each product, their types, varieties and sizes or packaging presentations referred to in Annex VI to this Regulation, if applicable. Additionally, for prices reported by type, variety and, where applicable, size and packaging presentations, a national weighted average price per product, except for tomatoes, shall also be notified. Where recorded prices concern other types, varieties, sizes or packaging presentations than those specified in Annex VI, Member States shall notify the Commission of the types, varieties, sizes and presentations of the products concerned.

The notified prices shall be ex-packaging station, sorted, packaged and, where applicable, on pallets, expressed in euro per 100 kilograms net weight.

Member States may notify the price as specified in paragraph 2 of other fruit and vegetables and their varieties not mentioned in Annex VI on a voluntary basis.

Member States shall notify the Commission, within six months after the date of the notification, of the methodology used to establish the prices referred to in paragraph 2, including the representative markets and their weights, as well as any modification thereof.

For each product and for the periods set out in Part A of Annex VII, for each market week and origin, Member States shall notify the Commission, by 18:00 (Brussels times) each Monday of the quantity and weighted average representative price of the imported products sold in the Member States during the previous market week.

For the products for which the period of application referred to in Part A of Annex VII does not cover the entire year, the first market week for which the prices shall be notified is the second week before the beginning of the period of application. For those products, the last market week whose prices shall be notified is the week preceding the end date of the period of application.

The price referred to in paragraph 1, first subparagraph, shall be recorded for all the available varieties and sizes, at the importer or wholesaler stage for each import market or, where no prices at that stage are available, the wholesaler or retailer stage.

It shall be recorded for each import market that Member States consider representative, and which shall include at least Milan, Perpignan and Rungis or, where no import markets are defined by the Member States, the weighted average representative price shall be recorded at national level.

Where the weighted average representative price is established at the wholesaler or retailer stage, it shall be reduced by:

(a) 9 % to take into account the wholesaler’s trade margin; and

(b) EUR 0,7245 per 100 kilograms in respect of the costs of handling and market taxes and charges.

The weighted average representative prices shall be reduced by the following amounts:

(a) a marketing margin of 15 % for the marketing centres Milan and Rungis and of 8 % for other marketing centres; and

(b) the costs of transport and insurance within the customs territory of the Union.

For the costs of transport and insurance to be deducted pursuant to paragraph 3, point (b), Member States may fix standard amounts for deduction. Such standard amounts and the methods for calculating them, as well as possible modification thereof, shall be notified to the Commission immediately.

For products listed in Part A of Annex VII covered by a specific marketing standard, the representative prices shall be the weighted average of Class I and Class II of each product concerned, unless products in one class account for at least 90 % of the total quantities marketed, in which case only the quotations for that class shall be taken into account.

For products listed in Part A of Annex VII that are not covered by a specific marketing standard, product prices complying with the general marketing standard shall be deemed to be representative.

Where the quantity referred to in paragraph 1, first subparagraph, for a product is less than 10 tonnes in a market week, the corresponding weighted average representative price shall not be notified to the Commission. The threshold of 10 tonnes shall be intended as the cumulative volume over the market week. If the market week has less than five working days, Member States shall apply a proportional reduction of 2 tonnes per non-working day to that threshold.

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