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Introduction

This guide outlines how organisations can become a recognised Producer Organisation (PO) under the Fresh Fruit and Vegetables Aid Scheme under retained EU Law.

It also explains how recognised POs apply for operational programmes, and how youll be paid for these programmes.

The principal Regulations and domestic legislation governing the scheme are:

• Regulation (EUR) No 2013/1308 laying down and establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).
• Statutory instrument No. 2019/821
• Statutory instrument No. 2019/828
• Statutory instrument No. 2019/831
• Statutory Instrument No. 2020/1422
• Statutory Instrument No. 2020/1453
• Regulation (EUR) No 2017/891 and 2017/892 laying down detailed rules for the application of Regulation (EUR) No 2013/1308 in respect of the fruit and vegetables and processed fruit and vegetables sectors.
• Statutory instrument No.2021/756
• Statutory instrument No.2020/1446
• Regulation (EUR) No 2006/1828](http://www.legistlation.gov.uk) detailing the specific eligibility rules for operational programmes. The Conditions of Operational Programmes section of this guidance provides details about the requirements of this regulation.
• The Common Agricultural Policy (Protection of Community Arrangements) Regulations 2014 (SI 2014 No 3263) providing details on the protection of Community arrangements under CAP.

The arrangements set out in this guide apply to all recognised POs and approved operational programmes.

This is not an exhaustive list of the entire scheme rules and criteria, as it is impossible to cover all areas of the scheme in depth. The full rules and criteria are set out in the above regulations.

The rules and obligations described in this guide arise from the Regulations that are binding in the United Kingdom. The Regulations are subject to alterations. Whilst every effort is made to ensure that the information given is complete and accurate, this cannot be guaranteed. Delays can occur both in publication and in the issue of amendments to guides. Where doubt arises on legal interpretation, advice should be sought from lawyers.

It is your responsibility to make sure that all documents are signed, submitted and received by the RPA by the required deadlines, which are set in the regulations. You can find the key dates and deadlines in the Operational programmes and the Operational Fund section.

We can only ensure compliance with the regulations if we have evidence that weve received your documents.

If you need a copy of any of the forms referred to in this manual, contact the RPA using the contact details in Annex 3.

How RPA will use and share your information

The Department for Environment, Food and Rural Affairs (Defra) is the data controller for personal data you give to the Rural Payments Agency (RPA). For information on how we handle personal data search for Rural Payments Agency Personal Information Charter on GOV.UK.

Responsibilities

Only recognised POs or recognised Associations of Producer Organisations (APOs) can be paid under the scheme.

A PO is an organisation of fruit and/or vegetable growers recognised under Regulation (EUR) No 2013/1308 and Commission Delegated Regulation (EUR) No. 2017/891 and Commission Implementing Regulation (EUR) No. 2017/892.

The RPA, in collaboration with the Devolved Administration, is responsible for recognising POs and APOs into the Fresh Fruit and Vegetables Aid Scheme.

When we approve recognition, we will let you know. Once recognised, you must register with the RPA by contacting RPA Customer Contact Centre on 03000 200 301.

Retention of records

You must keep records (including accounting documents) for 5 years, including those for:

• Concentration of supply and placing on the market, and
• Outsourcing

These will be checked during inspections.

Recognition: General criteria

To become recognised under this scheme, your PO must:

• be legally established and be registered with Companies House
• the PO must have its head office located in the constituent nation where the majority of the VMP is calculated or, where the majority of members are located. The head office cannot be moved until the end operational programme currently in force.
• have at least 5 grower members, all of whom are separate legal entities
• have an annual turnover of 1 million (in terms of marketable production) - for POs recognised exclusively for mushrooms or nuts, this is 250,000
• be formed on the initiative of farmers who are growers of one or more products listed below and/or of such products intended solely for processing
• use environmentally sound cultivation practices, production techniques and waste management practices, in particular to protect the quality of water, soil and landscape, and preserve or encourage biodiversity

It must have one or more of the following objectives:

• planning of production
• improvement of product quality
• boosting the commercial value of products
• promotion of the products, whether in a fresh or processed form
• environmental measures and methods of production respecting the environment, including organic farming;
• crisis prevention and management
• the specific requirements detailed in the How to apply for recognition section are provided for in its articles of association

Products covered by the scheme

This list is not exhaustive. You can check if other products are eligible in Annex I of the regulation EUR No. 2013/1308.

If you dont know the Combined Nomenclature (CN) code, you can contact the Customs helpline (telephone 0300 200 3700), give them a description of the product, and they will tell you the appropriate CN code.

• tomatoes, fresh or chilled
• onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled
• cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled
• lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled
• carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled
• cucumbers and gherkins, fresh or chilled
• leguminous vegetables, shelled or unshelled, fresh or chilled
• other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 6091, 0709 6095, 0709 6099, 0709 9031, 0709 9039 and 0709 9060
• other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 9020
• fresh plantains
• dried plantains
• figs, fresh
• pineapples
• avocados
• guavas, mangos and mangosteens
• citrus fruit, fresh or dried
• fresh table grapes
• melons (including watermelons) and pawpaws (papayas), fresh
• apples, pears and quinces, fresh
• apricots, cherries, peaches (including nectarines), plums and sloes, fresh
• other fruit, fresh
• mixtures exclusively of dried nuts of CN codes 0801 and 0802
• saffron
• thyme, fresh or chilled
• basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled
• locust (or carob) beans

Other criteria

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