LegalizeCommission Delegated Regulation (EU) No 1031/2014 of 29 September 2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables
Article 1
Subject matter and scope
Those temporary exceptional Union support measures shall cover withdrawal, non-harvesting and green harvesting operations.
The support referred to in paragraph 1 shall be granted in relation to the following products of the fruit and vegetables sector intended for fresh consumption:
(a) tomatoes of CN code 0702 00 00 ;
(b) carrots of CN code 0706 10 00 ;
(c) cabbages of CN code 0704 90 10 ;
(d) sweet peppers of CN code 0709 60 10 ;
(e) cauliflowers and headed broccoli of CN code 0704 10 00 ;
(f) cucumbers of CN code 0707 00 05 ;
(g) gherkins of CN code 0707 00 90 ;
(h) mushrooms of the genus Agaricus of CN code 0709 51 00 ;
(i) apples of CN code 0808 10 ;
(j) pears of CN code 0808 30 ;
(k) plums of CN code 0809 40 05 ;
(l) soft fruit of CN codes 0810 20 , 0810 30 and 0810 40 ;
(m) fresh table grapes of CN code 0806 10 10 ;
(n) kiwifruit of CN code 0810 50 00 ;
(o) sweet oranges of CN code 0805 10 20 ;
(p) clementines of CN code 0805 20 10 ;
(q) mandarins (including tangerines and satsumas), wilking and similar citrus hybrids of CN codes 0805 20 30 , 0805 20 50 , 0805 20 70 and 0805 20 90 ;
(r) lemons of CN code 0805 50 10 ;
(s) peaches and nectarines of CN code 0809 30 .
The support referred to in paragraph 1 shall cover activities carried out in a period which shall be subdivided as follows:
(a) a period from 30 September 2014 until the date on which the quantities referred to in Article 2(1) have been exhausted in each Member State concerned or 31 December 2014, whichever is earlier;
(b) a period from 1 January 2015 until the date on which the quantities referred to in Article 2(1) have been exhausted in each Member State concerned or 30 June 2015, whichever is earlier;
(c) a period from 8 August 2015 until the date on which the quantities referred to in Article 2(1) have been exhausted in each Member State concerned or 30 June 2016, whichever is earlier.
Article 2
Allocation of maximum quantities to Member States
The support referred to in Article 1(1) shall be made available to Member States for the following quantities of products:
(a) for the period referred to in Article 1(3)(a), the quantities set out in Annex I;
(b) for the period referred to in Article 1(3)(b), the quantities set out in Annex Ia;
(c) for the period referred to in Article 1(3)(c), the quantities set out in Annex Ib.
For each of the periods referred to in Article 1(3)(a) and (c), that support shall also be available in all Member States for withdrawal, green harvesting or non-harvesting operations, with respect to one or more of the products referred to in Article 1(2) as determined by the Member State, provided that the additional quantity involved does not exceed 3 000 tonnes per Member State in each of those periods.
Member States may decide not to make use of the quantity of 3 000 tonnes referred to in the second subparagraph of paragraph 1, or part thereof, by the following dates:
— by 31 October 2014 for the period referred to in Article 1(3)(a);
— by 31 October 2015 for the period referred to in Article 1(3)(c).
By the same date, the Member State concerned shall notify the Commission of any quantities not used. As from the moment of notification, operations carried out in that Member State shall not be eligible for support under this Regulation.
Article 3
Allocation of the quantities to producers
Member States shall allocate the quantities referred to in Article 2 between producer organisations and producers who are not members of producer organisations following the first come, first served system.
However, Member States may decide to set up a different system for the allocation of quantities, provided the system established is based on objective and non-discriminatory criteria. For this purpose, Member States may take into account the extent of the effects of the Russian import ban on the producers concerned.
Article 4
Financial assistance for withdrawals to producer organisations
Article 5
Financial assistance for withdrawals to producers not being members of producer organisations
Union financial assistance shall be granted to producers of fruit and vegetables who are not members of a recognised producer organisation in accordance with this Article for:
(a) market withdrawals for free distribution as referred to in Article 34(4) of Regulation (EU) No 1308/2013;
(b) market withdrawals for destinations other than free distribution.
For market withdrawals referred to in point (a) of the first subparagraph, the maximum amounts of the financial assistance shall be the amounts set out in Annex XI to Implementing Regulation (EU) No 543/2011 and in Annex II to this Regulation.
For tomatoes the maximum amount shall be the amount set out in Annex XI to Implementing Regulation (EU) No 543/2011 for the period 1 November to 31 May.
For market withdrawals referred to in point (b) of the first subparagraph, the maximum amounts of the financial assistance shall be 50 % of the amounts set out in Annex XI to Implementing Regulation (EU) No 543/2011 and in Annex II to this Regulation.
For tomatoes that maximum amount shall be 50 % of the amount set out in Annex XI to Implementing Regulation (EU) No 543/2011 for the period 1 November to 31 May.
The amounts that correspond to the real costs incurred by the producer organisation for withdrawing the respective products shall be retained by the producer organisation. Evidence of those costs shall be provided by means of invoices.
In such cases, the competent authority of the Member State shall pay the Union financial assistance directly to the producer. Member States shall adopt new or apply existing national rules or procedures for this purpose.
Article 6
Financial assistance for non-harvesting and green harvesting to producer organisations
By way of derogation from Article 34(4) of Regulation (EU) No 1308/2013, the Union financial assistance for non-harvesting and green harvesting shall be 75 % of the amounts fixed by the Member States in accordance with the first subparagraph.
Article 7
Financial assistance for non-harvesting and green harvesting to producers not being members of producer organisations
By way of derogation from Article 85(3) of Implementing Regulation (EU) No 543/2011, the following shall apply:
(a) support for green harvesting shall cover only the products which are physically on the fields, which are actually green harvested and for which normal harvest has not begun;
(b) non-harvesting measures shall not be undertaken where commercial production has been taken from the area concerned during the normal production cycle;
(c) green harvesting and non-harvesting shall in no circumstances both be applied to the same product and the same given area.
In such cases, the competent authority of the Member State shall pay the Union financial assistance directly to the producer. Member States shall adopt new or apply existing national rules or procedures for this purpose.
Article 8
Checks on withdrawal, non-harvesting and green harvesting operations
However, for withdrawal operations referred to in Article 5(5), the first-level checks shall cover 100 % of the quantity of products withdrawn.
For non-harvesting and green harvesting operations referred to in Article 7, the checks shall cover 100 % of the producing areas concerned.
Article 9
Application for and payment of Union financial assistance
Article 10
Notifications
By 30 September 2014, 15 October 2014, 31 October 2014, 15 November 2014, 30 November 2014, 15 December 2014, 31 December 2014, 15 January 2015, 31 January 2015 and 15 February 2015 in respect of the period referred to in Article 1(3)(a), by the 15th and the last day of each month until 30 September 2015 in respect of the period referred to in Article 1(3)(b) and by the 15th and the last day of each month until 30 September 2016 in respect of the period referred to in Article 1(3)(c), Member States shall notify the Commission of the following information for each product:
(a) the quantities withdrawn for free distribution;
(b) the quantities withdrawn for destinations other than free distribution;
(c) the equivalent area for green harvesting and non-harvesting;
(d) the total expenditure incurred for the quantities and areas referred to in points (a), (b) and (c).
Only operations that have been implemented shall be included in the notifications.
For those notifications Member States shall use the template set out in Annex III
Article 11
Payment of Union financial assistance
Member States' expenditure in relation to the payments under this Regulation shall only by eligible for Union financial assistance if it has been paid by the following dates:
(a) 30 June 2015 in respect of operations carried out during the period referred to in Article 1(3)(a);
(b) 30 September 2015 in respect of operations carried out during the period referred to in Article 1(3)(b);
(c) 30 September 2016 in respect of operations carried out during the period referred to in Article 1(3)(c).
Article 12
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
| (tonnes) | Apples and pears | Plums, table grapes and kiwifruit | Tomatoes, carrots, sweet peppers, cucumbers and gherkins | Oranges, clementines and mandarins |
|---|---|---|---|---|
| Belgium | 43 300 | 1 380 | 14 750 | 0 |
| Germany | 13 100 | 0 | 0 | 0 |
| Greece | 5 100 | 28 475 | 750 | 10 750 |
| Spain | 8 700 | 6 900 | 20 400 | 58 600 |
| France | 28 950 | 500 | 1 600 | 0 |
| Croatia | 1 050 | 0 | 0 | 7 900 |
| Italy | 35 805 | 38 845 | 0 | 2 620 |
| Cyprus | 0 | 0 | 0 | 16 220 |
| Lithuania | 0 | 0 | 4 000 | 0 |
| Hungary | 725 | 570 | 0 | 0 |
| Netherlands | 22 200 | 0 | 6 800 | 0 |
| Poland | 18 750 | 0 | 0 | 0 |
| Portugal | 4 120 | 225 | 0 | 0 |
ANNEX Ia
| (tonnes) | Apples and pears | Plums, table grapes and kiwifruit | Tomatoes, carrots, sweet peppers, cucumbers and gherkins | Oranges, clementines, mandarins and lemons |
|---|---|---|---|---|
| Belgium | 21 200 | 0 | 13 200 | 0 |
| Germany | 3 450 | 0 | 0 | 0 |
| Greece | 200 | 3 100 | 2 000 | 0 |
| Spain | 300 | 0 | 26 650 | 15 775 |
| France | 3 800 | 0 | 1 450 | 0 |
| Italy | 8 400 | 3 800 | 0 | 0 |
| Cyprus | 0 | 0 | 0 | 1 750 |
| Lithuania | 0 | 0 | 6 000 | 0 |
| Netherlands | 9 700 | 0 | 24 650 | 0 |
| Austria | 500 | 0 | 0 | 0 |
| Poland | 155 700 | 0 | 18 650 | 0 |
| Portugal | 350 | 0 | 0 | 0 |
ANNEX Ib
Maximum quantities of products allocated per Member State as referred to in Article 2(1)(c)
| (tonnes) | |||||
|---|---|---|---|---|---|
| Apples and pears | Plums, table grapes and kiwifruit | Tomatoes, carrots, sweet peppers, cucumbers and gherkins | Oranges, clementines, mandarins and lemons | Peaches and nectarines | |
| Bulgaria | 0 | 0 | 0 | 0 | 950 |
| Belgium | 85 650 | 0 | 16 750 | 0 | 0 |
| Germany | 6 200 | 0 | 0 | 0 | 0 |
| Greece | 2 500 | 16 300 | 1 350 | 7 950 | 20 900 |
| Spain | 7 600 | 5 000 | 22 900 | 55 450 | 38 400 |
| France | 12 150 | 0 | 3 250 | 0 | 450 |
| Croatia | 2 150 | 0 | 0 | 3 200 | 0 |
| Italy | 17 550 | 15 300 | 650 | 3 300 | 9 250 |
| Cyprus | 0 | 0 | 0 | 11 850 | 0 |
| Latvia | 500 | 0 | 1 250 | 0 | 0 |
| Lithuania | 0 | 0 | 3 000 | 0 | 0 |
| Hungary | 0 | 300 | 0 | 0 | 0 |
| Netherlands | 22 950 | 0 | 22 800 | 0 | 0 |
| Austria | 2 050 | 0 | 0 | 0 | 0 |
| Poland | 296 200 | 1 750 | 31 500 | 0 | 1 900 |
| Portugal | 3 600 | 0 | 0 | 0 | 0 |
ANNEX II
| Product | Maximum support (EUR/100 kg) | |
|---|---|---|
| Free distribution | Other destinations | |
| Carrots | 12,81 | 8,54 |
| Cabbages | 5,81 | 3,88 |
| Sweet peppers | 44,4 | 30 |
| Headed broccoli | 15,69 | 10,52 |
| Cucumbers and gherkins | 24 | 16 |
| Mushrooms | 43,99 | 29,33 |
| Plums | 34 | 20,4 |
| Soft fruit | 12,76 | 8,5 |
| Fresh table grapes | 39,16 | 26,11 |
| Kiwifruit | 29,69 | 19,79 |
ANNEX III
Templates for notifications as referred to in Article 10
NOTIFICATION ON WITHDRAWALS — FREE DISTRIBUTION
| Member State:… | Period covered:… | Date:… |
|---|---|---|
| Product | Producer organisations | Producer non-members |
| --- | --- | --- |
| Quantities (t) | Union financial assistance (EUR) | Quantities (t) |
| withdrawal | transport | sorting and packing |
| (a) | (b) | (c) |
| Apples | ||
| Pears | ||
| Total Apples and Pears | ||
| Tomatoes | ||
| Carrots | ||
| Sweet peppers | ||
| Cucumbers and gherkins | ||
| Total Vegetables | ||
| Plums | ||
| Fresh table grapes | ||
| Kiwifruit | ||
| Total Other Fruit | ||
| Oranges | ||
| Clementines | ||
| Mandarins | ||
| Lemons | ||
| Total Citrus | ||
| Peaches | ||
| Nectarines | ||
| Total Peaches and Nectarines | ||
| Cabbages | ||
| Cauliflowers and headed broccoli | ||
| Mushrooms | ||
| Soft fruit | ||
| Total Others | ||
| TOTAL | ||
| * One different Excel sheet shall be completed for every notification. |
NOTIFICATION ON WITHDRAWALS — OTHER DESTINATIONS
| Member State:… | Period covered:… | Date:… |
|---|---|---|
| Product | Producer organisations | Producer non-members |
| --- | --- | --- |
| Quantities (t) | Union financial assistance (EUR) | Quantities (t) |
| (a) | (b) | (c) |
| Apples | ||
| Pears | ||
| Total Apples and Pears | ||
| Tomatoes | ||
| Carrots | ||
| Sweet peppers | ||
| Cucumbers and gherkins | ||
| Total Vegetables | ||
| Plums | ||
| Fresh table grapes | ||
| Kiwifruit | ||
| Total Other Fruit | ||
| Oranges | ||
| Clementines | ||
| Mandarins | ||
| Lemons | ||
| Total Citrus | ||
| Peaches | ||
| Nectarines | ||
| Total Peaches and Nectarines | ||
| Cabbages | ||
| Cauliflowers and headed broccoli | ||
| Mushrooms | ||
| Soft fruit | ||
| Total Others | ||
| TOTAL | ||
| * One different Excel sheet shall be completed for every notification. |
NOTIFICATION ON NON-HARVESTING AND GREEN HARVESTING
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.