Date: 2022-10-31Category: Not ApplicableState: Union GovernmentCountry: Europe
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
Issued by European Commission
· Directorate-General for Agriculture and Rural Development
Executive Summary:
This Commission Delegated Regulation (EU) 2022/2092 amends Delegated Regulations (EU) 2016/232 and (EU) 2017/891 to streamline and improve Member States' notifications to the Commission regarding recognised producer organisations, associations of producer organisations, and interbranch organisations. It aims to enhance the monitoring and assessment of the Common Agricultural Policy (CAP). The regulation applies from 1 January 2023, with initial notification deadlines starting 31 March each year.
Key Points / Main Content:
Notifications by Member States:
* By 31 March each year, Member States must notify the Commission of information regarding recognised entities during the previous year, grouped by agricultural product sector. This includes the entity's name, identification number, recognition date, relevant provision of Regulation (EU) No 1308/2013, total number of members, indication of operational program implementation, number of non-producer members (for producer organisations), names of entities with refused, suspended, or withdrawn recognition, and names of entities involved in mergers.
* By 31 March each year, Member States must also notify a complete and updated list of all recognised entities as of 31 December of the previous year, including the information mentioned above.
* By 15 November each year, Member States must notify the Commission of data for the previous year concerning recognised national and transnational producer organisations and their associations, grouped by agricultural product sector. This includes the value of marketed production, annual marketable raw milk volumes (for the milk sector), and production intended for fresh market and processing (for the fruit and vegetable sector).
* For transnational organisations, the Member State that decided on the recognition submits the required information.
* All notifications must be submitted using the Commission's information technology-based system.
Amendments to Delegated Regulations:
* Article 5 of Delegated Regulation (EU) 2016/232 is replaced with updated notification requirements.
* Point 2 of Part A of Annex V to Delegated Regulation (EU) 2017/891 is deleted.
Implementation:
* This Regulation applies from 1 January 2023.
Impact Analysis:
Member States:
Impact: Must comply with the revised notification requirements regarding producer organisations, associations, and interbranch organisations. These changes will allow for more effective monitoring of the CAP.
Action Required: Adapt internal reporting systems to collect and submit the required data by the specified deadlines (31 March and 15 November each year) using the Commission's IT system.
European Commission:
Impact: Will receive more comprehensive and streamlined data on recognised entities, enabling better monitoring and assessment of CAP effectiveness.
Action Required: Ensure the IT system is updated to accommodate the new data requirements and provide guidance to Member States on compliance.
Producer Organisations, Associations of Producer Organisations, and Interbranch Organisations:
Impact: May need to provide additional information to their Member States to facilitate the new notification requirements.
Action Required: Cooperate with Member States in providing accurate and timely data to ensure compliance with the regulation.
Key Entities Referenced
European Commission: The executive branch of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, defining the scope of the EU's powers.
Regulation EU No 1308/2013: Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.
Delegated Regulation EU 2016/232: Commission Delegated Regulation supplementing Regulation EU No 1308/2013 of the European Parliament and of the Council with regard to certain aspects of producer cooperation.
Delegated Regulation EU 2017/891: Commission Delegated Regulation 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.
Common Agricultural Policy (CAP): The agricultural policy of the European Union, a system of agricultural subsidies and programmes.
Regulation EU 2021/2115: Regulation of the European Parliament and of the Council 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
Brussels: The de facto capital city of the European Union, located in Belgium. It is where the regulation was finalized.
L 281/18 EN Official Journal of the European Union 31.10.2022
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
(1) OJ L 347, 20.12.2013, p. 671.
(2) 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).
(3) 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).31.10.2022 EN Official Journal of the European Union L 281/19
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
1. By 31 March each year, Member States shall notify the Commission of the following information concerning
producer organisations, associations of producer organisations and interbranch organisations, whether national or
transnational, recognised by those Member States (‘recognised entities’) during the previous year, grouped according to the
different sectors of agricultural products listed in Article 1(2) of Regulation (EU) No 1308/2013:
(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.
(4) 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).
(5) 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).L 281/20 EN Official Journal of the European Union 31.10.2022
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.
2. By 15 November each year, Member States shall notify the Commission of the following data for the previous year
concerning recognised national and transnational producer organisations and recognised associations thereof, grouped
according to the different sectors of agricultural products listed in Article 1(2) of Regulation (EU) No 1308/2013:
(a) the value of marketed production per entity, determined in accordance with Articles 31 and 32 of Commission
Delegated Regulation (EU) 2022/126 (*) 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.
3. For recognised transnational organisations of all recognised entities, the information required in paragraphs 1 and 2
shall be submitted by the Member State which decided on the recognition pursuant to Article 4(1).
4. Member States shall notify the information referred to in this Article using the information technology-based system
referred to in Article 1 of Implementing Regulation (EU) 2017/1185.
_____________
(*) 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).’
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