Commission Delegated Regulation (EU) 2017/1165 of 20 April 2017 laying down temporary exceptional support measures for producers of certain fruits

Article 1

Subject matter and scope

These temporary 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 sector intended for fresh consumption:

(a) apples of CN code 0808 10 ;

(b) pears of CN code 0808 30 ;

(c) plums of CN code 0809 40 05 ;

(d) sweet oranges of CN codes 0805 10 22 , 0805 10 24 and 0805 10 28 ;

(e) clementines of CN code 0805 22 00 ;

(f) mandarins (including tangerines and satsumas), wilking and similar citrus hybrids of CN codes 0805 21 10 , 0805 29 00 and 0805 21 90 ;

(g) lemons of CN code 0805 50 10 ;

(h) peaches and nectarines of CN code 0809 30 ;

(i) sweet cherries of CN code 0809 29 00 ;

(j) persimmons of CN code 0810 70 00 .

Article 2

Allocation of maximum quantities to Member States

The financial assistance shall also be available to 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 2 000 tonnes per Member State.

With respect to the total quantities per Member State referred to in paragraph 1, Member States may determine for each product referred to in Article 1(2):

(a) the quantities for market withdrawals for free distribution;

(b) the quantities for market withdrawals for destinations other than free distribution;

(c) the equivalent area for green harvesting and non-harvesting.

Article 3

Allocation of the quantities to producers

Member States shall allocate the quantities referred to in Article 2(1) 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

Common provisions to withdrawal, non-harvesting and green harvesting measures of producer organisations

The support referred to in the first subparagraph shall not be taken into account for the purpose of calculating the ceilings referred to in Article 34(2) of Regulation (EU) No 1308/2013.

Article 32 (2) of Regulation (EU) No 1308/2013 and Article 55(4) of Implementing Regulation (EU) No 543/2011 shall not apply to financial assistance under this Regulation.

Article 5

Financial assistance for withdrawals to producer organisations

Article 6

Financial assistance for withdrawals to producers not being members of producer organisations

The maximum amounts of the financial assistance granted to producers who are not members of a recognised producer organisation for market withdrawals for destinations other than free distribution shall be 50 % of the amounts set out in Annex II.

The financial assistance shall be paid to producers not being members of a recognised producer organisation by the producer organisation with which they signed such a contract.

The amounts that correspond to the real costs incurred by the producer organisation for withdrawing the respective products shall be retained by that organisation. Evidence of those costs shall be proved by means of invoices.

In such cases, the competent authority of the Member State shall pay the financial assistance directly to the producer. Member States shall adopt new or apply existing national rules or procedures for this purpose.

Article 7

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 8

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 the 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.

Article 9

Checks on withdrawal, non-harvesting and green harvesting operations

The withdrawal operations referred to in Articles 5 and 6 shall be subject to:

(a) first-level checks in accordance with Article 108 of Implementing Regulation (EU) No 543/2011. Those checks shall cover at least 10 % of the quantity of products withdrawn from the market and at least 10 % of producer organisations benefiting from the financial assistance referred to in Article 5 of this Regulation. However, for withdrawal operations referred to in Article 6(3), the first-level checks shall cover 100 % of the quantity of products withdrawn.

(b) second-level checks in accordance with Article 109 of Implementing Regulation (EU) No 543/2011. The on-the-spot checks shall cover at least 40 % of the entities subject to the first-level checks and at least 5 % of the quantity of products withdrawn.

For non-harvesting and green harvesting operations referred to in Article 8, the checks shall cover 100 % of the producing areas concerned.

Article 10

Application for and payment of the financial assistance

Article 11

Notifications

On the first day of each month until 1 October 2018, 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 templates set out in Annex III, as appropriate.

Article 12

Payment of Union financial assistance

Member States' expenditure in relation to the payments under this Regulation shall only be eligible for the financial assistance if it has been paid by 30 September 2018.

Article 13

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

Maximum quantities of products allocated per Member State as referred to in Article 2(1)

ANNEX II

Maximum amounts of support for market withdrawals as referred to in Articles 5 and 6

ANNEX III

Templates for notifications as referred to in Article 11(1)

NOTIFICATION ON WITHDRAWALS — FREE DISTRIBUTION

NOTIFICATION ON WITHDRAWALS — OTHER DESTINATIONS

NOTIFICATION ON NON-HARVESTING AND GREEN HARVESTING

ANNEX IV

Templates to be sent with the first notification as referred to in Article 11(2)

WITHDRAWALS — OTHER DESTINATIONS

Maximum amounts of support fixed by the Member State in accordance with Article 79(1) of Implementing Regulation (EU) No 543/2011 and Article 5 of this Regulation

NON-HARVESTING AND GREEN HARVESTING

Maximum amounts of support fixed by the Member State in accordance with Article 85(4) of Implementing Regulation (EU) No 543/2011 and Article 7 of this Regulation