Amendments to Delegated Regulation (EU) 2017/891
Article 1
Delegated Regulation (EU) 2017/891 is amended as follows: (1) Article 13 is amended as follows: (a) in paragraph 1, the following subparagraph is added: ‘For the purposes of Article 155 of Regulation (EU) No 1308/2013, the term “subsidiary” includes any entity in a chain of subsidiaries. However, Member States may exclude the outsourcing of activities to an entity within a chain of subsidiaries.’; (b) paragraph 2 is replaced by the following: ‘2. A producer organisation outsourcing an activity shall enter into a written commercial arrangement by way of a contract, agreement or protocol with another entity, including one or several of its members or a subsidiary or an entity within a chain of subsidiaries, for the purpose of carrying out of the activity concerned. The producer organisation shall remain responsible for ensuring the carrying out of the outsourced activity and overall management control and supervision of the commercial arrangement for the carrying out of the activity. However, the activity shall be considered as carried out by the producer organisation if it is carried out by an association of producer organisations or a cooperative whose members are themselves cooperatives where the producer organisation is a member thereof or by a subsidiary or an entity within a chain of subsidiaries, complying with the 90 % requirement referred to in Article 22(8).’; (2) Article 22 is amended as follows: (a) in paragraph 2, point (f) is replaced by the following: ‘(f) 70 % for canned mushrooms of Agaricus bisporus and other cultivated mushrooms preserved in brine;’; (b) paragraph 10 is replaced by the following: ‘10. Where a reduction in production occurs due to a natural disaster, climatic event, animal or plant diseases or pest infestations, any insurance indemnification received in respect of harvest insurance actions covered by Section 7 of Chapter III, or equivalent actions managed by the producer organisation or its producer members, due to those causes may be included in the value of marketed production of the 12-month reference period in which it is actually paid.’; (3) in Article 27, the following paragraph 6 is added: ‘6. Member States may decide to extend their national strategy until 31 December 2025. Member States shall notify the Commission of the extension decision.’; (4) in Article 31, paragraph 2 is replaced by the following: ‘2. Expenditure under operational programmes eligible for aid shall be restricted to the actual costs incurred. However, Member States may fix standard flat rates, scales of unit costs or lump sums, except for expenditure linked to crisis prevention and management measures. In addition, Member States may decide to use differentiated standard flat rates, scales of unit costs or lump sums to take into account regional or local specificities.’; (5) Article 45 is amended as follows: (a) in paragraph 1, the following subparagraph is added: ‘The sum of costs of transport, sorting and packaging of products withdrawn for free distribution of processed fruit and vegetables referred to in Articles 16 and 17 of Implementing Regulation (EU) 2017/892 and in Annexes IV and V to that Regulation, added to the maximum amount of support for market withdrawals referred to in this paragraph and in paragraph 2 of this Article, shall not exceed the average “ex-producer organisation” or “ex-processor” market price of the processed product concerned in the previous last three years.’; (b) paragraph 2 is replaced by the following: ‘2. The share of market withdrawals of any given product of any given producer organisation undertaken in a given year shall be as follows: (a) it shall not exceed 10 % of the average volume of marketed production by that producer organisation during the three previous years; and (b) in total, the sum of the percentages over three consecutive years shall not exceed 15 when adding the share calculated in accordance with point (a) for the current year and the shares of the market withdrawals of the two previous years calculated on the basis of the respective volume of marketed production by that producer organisation during those two previous years. If the information on the volume of marketed production of any or all of the previous years is not available, the volume of marketed production for which the producer organisation was recognised shall be used. However, amounts of withdrawals which are disposed of in one of the ways referred to in Article 34(4) of Regulation (EU) No 1308/2013 or any other way approved by Member States under Article 46(2) of this Regulation shall not be taken into account in that proportion.’; (6) in Article 51, paragraph 2 is replaced by the following: ‘2. Member States may grant additional national financing to support harvest insurance actions which are benefiting from the operational fund. However, total public support for harvest insurance shall not exceed 80 % of the cost of the insurance premiums paid for by producers for insurance against losses.’; (7) in Article 51a, paragraph 3 is replaced by the following: ‘3. The coaching recipient shall be a recognised producer organisations, a producer group or the individual producers, non-members of a producer organisation or their associations.’; (8) in Article 57(3), the first subparagraph is replaced by the following: ‘Evaluation shall take the form of a report in the last but one year of the implementation of the operational programme.’; (9) in Article 80, paragraphs 2 and 3 are deleted; (10) Annexes II, III and VI are amended in accordance with the Annex to this Regulation.