Commission Delegated Regulation (EU) 2025/2184 of 10 September 2025 amending Delegated Regulations (EU) 2016/232 and (EU) 2017/891 as regards certain rules on producer organisations, notification obligations of producer prices and implementation of certain import mechanisms in the fruit and vegetables sector

• CELEX: Delegated Regulation (EU) 2025/2184
• Articles: 4

Article 1

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.’

Article 2 Notification of producer prices of fruit and vegetables on the internal market

Delegated Regulation (EU) 2017/891 is amended as follows:

(1)

Article 2 is amended as follows:

(a)

point (d) is replaced by the following:

‘(d)

“transnational producer organisation” and a “transnational association of producer organisations” means a producer organisation and an association of producer organisations complying with the definitions laid down in Article 2, points (a) and (b), of Commission Delegated Regulation (EU) 2016/232  ( *1 ) , respectively;

( *1 )   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 ).’;"

(b)

point (e) is deleted;

(c)

the following paragraph is added:

‘If not otherwise specified, the reference in this Regulation to producer organisations includes transnational producer organisations and the reference to associations of producer organisations includes transnational associations of producer organisations.’;

(2)

in Article 4, paragraph 2 is replaced by the following:

‘2.   Member States shall recognise producer organisations in respect of a product or group of products solely intended for processing where the producer organisations are able to ensure that such products are either processed by themselves, by a subsidiary or are delivered for processing through a system of supply contracts.’

;

(3)

in Article 8, paragraph 1 is replaced by the following:

‘1.   For the purposes of determining the size of the producer organisation in accordance with Article 154(1), point (b), of Regulation (EU) No 1308/2013, the value or volume of marketable production shall be calculated on the same basis as the value of marketed production set out in Articles 30 and 31 of Commission Delegated Regulation (EU) 2022/126  ( *2 ) .

( *2 )   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 ).’;"

(4)

Article 11 is amended as follows:

(a)

paragraph 2 is replaced by the following:

‘2.   A producer organisation may sell products of producers that are not members of the producer organisation or of an association of producer organisations, where it is recognised in respect of those products and provided that the economic value of that activity is below the value of its marketed production calculated in accordance with Article 31 of Delegated Regulation (EU) 2022/126.

However, in case the value of marketed production of a producer organisation decreases by 35 % or more for a given year in relation to the average of the three previous 12-month reference periods due to natural disasters, climatic events, plant diseases or pest infestations falling outside the responsibility and control of the producer organisation, the value of marketed production shall be deemed to represent 85 % of the average value of marketed production in the three previous 12-month reference periods, for the purpose of establishing the economic value of the activity referred to in the first subparagraph.

The producer organisation affected by the events referred to in the second subparagraph and involved in selling products of producers that are not its members, shall prove to the competent authority of the Member State concerned that the decrease in the value of marketed production fell outside its responsibility and control.’

;

(b)

in paragraph 4, ‘Article 22(8)’ is replaced by ‘Article 31(7) of Delegated Regulation (EU) 2022/126’;

(5)

in Article 13(2), second subparagraph, ‘Article 22(8)’ is replaced by ‘Article 31(7) of Delegated Regulation (EU) 2022/126’;

(6)

Article 14 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the following:

‘The head office of a transnational producer organisation shall be located in the Member State in which the transnational producer organisation achieves the majority of the value of marketed production calculated in accordance with Articles 31 and 32 of Delegated Regulation (EU) 2022/126.’;

(b)

in paragraph 3, point (b) is deleted;

(7)

in Article 15(1), the first subparagraph is replaced by the following:

‘Where producer organisations merge, the producer organisation resulting from the merger shall assume the rights and obligations of the individual producer organisations that merged. The Member State shall ensure that the producer organisation resulting from the merger complies with all recognition criteria and maintains one of the existing numbers or is assigned a new number for the purposes of the unique identification system referred to in Article 22 of Implementing Regulation (EU) 2017/892.’;

(8)

in Article 21(3), point (b) is deleted;

(9)

Article 55 is replaced by the following:

‘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  ( *3 ) , 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.

( *3 )   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 ).’;"

(10)

Article 59 is amended as follows:

(a)

paragraph 1 is replaced by the following:

‘1.   If a Member State has established that a producer organisation fails to respect one of the recognition criteria linked to the requirements laid down in Articles 5 and 7, Article 11(1) and (2) and Article 17, it shall send to the producer organisation in question no later than two months after the failure has been identified, by registered delivery, a warning letter stating the failure identified, the corrective measures required and the time periods within which those measures have to be taken, which shall not exceed four months. Once a failure is established, Member States shall suspend the payments of aid granted to fruit and vegetables producer organisations for the implementation of operational programmes referred to in Article 50 of Regulation (EU) 2021/2115 of the European Parliament and of the Council  ( *4 ) or in Article 5(6), first subparagraph, point (c), of Regulation (EU) 2021/2117 of the European Parliament and of the Council  ( *5 ) , until satisfactory corrective measures are taken.

( *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 , ELI: http://data.europa.eu/eli/reg/2021/2115/oj )."

( *5 )   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 ).’;"

(b)

paragraph 5 is replaced by the following:

‘5.   A failure to take the corrective measures referred to in paragraph 4 within the time period fixed by the Member State shall lead to a suspension of the payments of aid granted to fruit and vegetables producer organisations for the implementation of operational programmes referred to in Article 50 of Regulation (EU) 2021/2115 or in Article 5(6), first subparagraph, point (c), of Regulation (EU) 2021/2117 and a reduction of the yearly aid amount by 1 % for each entire month and each fraction of a month, following the expiry of that time period. This is without prejudice to the application of horizontal national legislation which may provide for the suspension of such an action following the commencement of connected legal proceedings.’

;

(11)

in Article 69(2), point (d) is replaced by the following:

‘(d)

producers or production of organic products covered by Regulation (EU) 2018/848 of the European Parliament and of the Council  ( *6 ) , unless the extension of rules in accordance with Article 164 of Regulation (EU) No 1308/2013 expressly and specifically covers such producers or products.

( *6 )   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 ).’;"

(12)

Article 70 is deleted;

(13)

in Article 73, the following point is added:

‘(c)

“market week” means the period from Monday to Friday of the week preceding the deadline for notification by Member States to the Commission in accordance with Article 74;’;

(14)

Article 74 is replaced by the following:

‘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.’

;

(15)

Article 75 is amended as follows:

(a)

in paragraph 2, the first subparagraph is replaced by the following:

‘Where the customs value of the products listed in Part A of Annex VII to this Regulation and determined in accordance with Article 70 of Regulation (EU) No 952/2013 is higher by more than 8 % than the flat-rate calculated by the Commission as a standard import value at the time of the declaration of release of the products for free circulation, the importer shall provide a guarantee in accordance with Article 148 of Commission Implementing Regulation (EU) 2015/2447  ( *7 ) . The guarantee shall apply during the period of application determined in Annex VII to this Regulation for each product. The import duty to which the products listed in Part A of Annex VII to this Regulation may be subjected, shall be the amount of the duty due if the product in question had been classified on the basis of the standard import value concerned.

( *7 )   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 ).’;"

(b)

paragraph 3 is replaced by the following:

‘3.   Where the customs value of the products listed in Part A of Annex VII to this Regulation is calculated in accordance with Article 74(2), point (c), of Regulation (EU) No 952/2013, the duty shall be deducted as provided for in Article 38(1) of Implementing Regulation (EU) 2017/892. In that case, for the period of application determined in Annex VII to this Regulation for each product, the importer shall provide a guarantee equal to the amount of duty which they would have paid if the classification of the products had been made on the basis of the standard import value applicable.’

;

(16)

Annex VII is replaced by the text in the Annex to this Regulation.

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 .

Schedules & Appendices

ANNEX

ANNEX

‘ANNEX VII

List of products for the purposes of the entry price system set out in Title III

Without prejudice to the rules for the interpretation of the Combined Nomenclature, the description of the products is deemed to be indicative only. For the purposes of this Annex, the scope of the arrangements provided for in the Title III is determined by the scope of the CN codes as they exist at the time of adoption of this Regulation. Where “ex” appears before the CN code, the scope of the additional duties is determined both by the scope of the CN code and that of the description of the products, and the corresponding period of application.

PART A

CN code

Description

Period of application

0702 00 10 ,

0702 00 91 ,

0702 00 99

Whole tomatoes, with greatest diameter of less than 47 mm,

Other tomatoes in trusses,

Other tomatoes

From 1 January to 31 December

ex 0707 00 05

Cucumbers, not intended for processing

From 1 January to 31 December

ex 0709 91 00

Globe artichokes

From 1 November to 30 June

0709 93 10

Courgettes

From 1 January to 31 December

ex 0805 10 22 ,

ex 0805 10 24 ,

ex 0805 10 28

Navel oranges,

White oranges,

Other sweet oranges

From 1 December to 31 May

ex 0805 22 00

Clementines, fresh

From 1 November to end of February

ex 0805 21 10 ,

ex 0805 21 90 ,

ex 0805 29 00

Satsumas, fresh

Mandarins and tangerines, fresh

Wilkings and similar citrus hybrids, other than tangerines, satsumas and clementines, fresh

From 1 November to end of February

ex 0805 50 10

Lemons ( Citrus limon, Citrus limonum ), fresh

From 1 June to 31 May

ex 0806 10 10

Table grapes

From 21 July to 20 November

ex 0808 10 80

Apples

From 1 July to 30 June

ex 0808 30 90

Pears

From 1 July to 30 April

ex 0809 10 00

Apricots

From 1 June to 31 July

ex 0809 29 00

Cherries, other than sour cherries

From 21 May to 10 August

ex 0809 30 20 ,

ex 0809 30 30 ,

ex 0809 30 80

Flat peaches (Prunus persica var. platycarpa) and flat nectarines (Prunus persica var. platerina) ,

Nectarines,

Other peaches

From 11 June to 30 September

ex 0809 40 05

Plums

From 11 June to 30 September

PART B

CN code

Description

Period of application

ex 0707 00 05

Cucumbers intended for processing

From 1 May to 31 October

ex 0809 21 00

Sour cherries ( Prunus cerasus )

From 21 May to 10 August

’