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

1. For duly justified reasons, such as the limited degree of organisation of the producers in the Member State concerned, and in a non-discriminatory way, Member States may authorise that a producer who is not a member of a recognised producer organisation may, instead of signing the contract referred to in paragraph 2, make a notification to the competent authority of the Member State about the quantity to be delivered. For such notification, Article 78 of Implementing Regulation (EU) No 543/2011 shall apply mutatis mutandis. The quantities delivered by producers not being members shall be consistent with the regional yields and surface concerned.

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.

1. Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011, as well as Article 4 of this Regulation shall apply mutatis mutandis in respect of this Article.

Article 7

Financial assistance for non-harvesting and green harvesting to producer organisations

1. By way of derogation from Article 85(4) of Implementing Regulation (EU) No 543/2011, Member States shall set the amounts of the support, comprising both the Union financial assistance and the producer organisation contribution for non-harvesting and green harvesting, per hectare and at a level to cover not more than 90 % of the amounts fixed for market withdrawals for destinations other than free distribution as set out in Annex II to this Regulation. Support for green harvesting shall cover only the products which are physically on the fields and which are actually green harvested.

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.

1. By way of derogation from the first subparagraph of Article 85(3) of Implementing Regulation (EU) No 543/2011, non-harvesting measures referred to in Article 84(1)(b) of that Regulation may be undertaken even where commercial production has been taken from the producing area concerned during the normal production cycle. In such cases, the amounts of support referred to in paragraph 1 of this Article shall be proportionally reduced, taking into account the production already harvested, as established on the basis of stock records and financial accounts of the producer organisations concerned.

Article 8

Financial assistance for non-harvesting and green harvesting to producers not being members of producer organisations

1. 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.

1. The amounts of the financial assistance for non-harvesting and green harvesting operations shall be 50 % of the amounts set by Member States in accordance with Article 7(1).

1. Producers not being members of a recognised producer organisation shall make the appropriate notification to the competent authority of the Member State in accordance with the detailed provisions adopted by the Member State pursuant to Article 85(1)(a) of Implementing Regulation (EU) No 543/2011.

1. 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.

1. Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011 shall apply mutatis mutandis in respect of this Article.

Article 9

Checks on withdrawal, non-harvesting and green harvesting operations

1. 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.

1. Non-harvesting and green harvesting operations as referred to in Articles 7 and 8 shall be subject to the checks and conditions provided for in Article 110 of Implementing Regulation (EU) No 543/2011, except as regards the requirement that no partial harvest has taken place where the derogation provided for in Article 7(2) of this Regulation is applied. Checks shall cover at least 25 % of the producing areas concerned.

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

1. Producer organisations shall apply for the payment of the financial assistance referred to in Articles 5 and 7 by 31 July 2018.

1. Producers not being members of a recognised producer organisation and not having signed a contract with a recognised producer organisation shall, by 31 July 2018, apply themselves to the competent authorities designated by the Member States for the payment of the financial assistance referred to in Articles 6 and 8.

1. The applications for payment shall be accompanied by supporting documents justifying the amount of the financial assistance concerned and contain a written undertaking that the applicant has not received and will not receive any double Union or national funding or compensation under an insurance policy in respect of the operations qualifying for the financial assistance granted in accordance with this Regulation.

Article 11

Notifications

1. 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.

1. When making their first notification, Member States shall notify the Commission of the amounts of support fixed by them in accordance with Article 79(1) or 85(4) of Implementing Regulation (EU) No 543/2011 and Articles 5 to 8 of this Regulation, using the templates set out in Annex IV, 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.

Done at Brussels, 20 April 2017.

For the Commission

The President

Jean-Claude Juncker

Annex

ANNEX I

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

(tonnes)Member StateApples and pearsPlumsOranges, Clementines, Mandarins and LemonsPeaches and nectarinesBelgium21845Germany1615Greece680416520405355Spain19551275141109775France3060Croatia510850Italy450539108502380Cyprus3060Netherlands5865Austria510Poland75565425510Portugal935

Annex

ANNEX II

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

Product

Maximum support

(EUR/100 kg)

Free distributionOther destinationsApples16,9813,22Nectarines26,9026,90Peaches26,9026,90Pears23,8515,90Oranges21,0021,00Mandarins19,5019,50Clementines22,1619,50Satsumas19,5019,50Lemons23,9919,50Plums34,0020,40Persimmons21,0214,01Cherries48,1432,09

Annex

ANNEX III

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

NOTIFICATION ON WITHDRAWALS — FREE DISTRIBUTION

Member State:…Period covered:…Date:…

Note: one different Excel sheet shall be completed for every notification.

ProductProducer organisationsProducer non-members

Total quantities

(t) Total Union financial assistance

(EUR)

Quantities

(t) Union financial assistance (EUR)

Quantities

(t) Union financial assistance (EUR)withdrawaltransportsorting and packingTotalwithdrawaltransportsorting and packingTotal(a)(b)(c)(d)(e) = (b) + (c) + (d)(f)(g)(h)(i)(j) = (g) + (h) + (i)(k) = (a) + (f)(l) = (e) + (j)ApplesPearsTotal Apples and PearsPlumsTotal PlumsOrangesClementinesMandarinsLemonsTotal Citrus

PeachesNectarinesTotal Peaches and NectarinesCherriesPersimmonsTotal OthersTOTAL

NOTIFICATION ON WITHDRAWALS — OTHER DESTINATIONS

Member State:…Period covered:…Date:…

Note: one different Excel sheet shall be completed for every notification.

ProductProducer organisationsProducer non-members

Total quantities

(t) Total Union financial assistance

(EUR)

Quantities

(t) Union financial assistance

(EUR)

Quantities

(t) Union financial assistance

(EUR)

(a)(b)(c)(d)(e) = (a) + (c)(f) = (b) + (d)ApplesPearsTotal Apples and Pears

PlumsTotal PlumsOrangesClementinesMandarinsLemonsTotal CitrusPeachesNectarinesTotal Peaches and NectarinesCherriesPersimmonsTotal OthersTOTAL

NOTIFICATION ON NON-HARVESTING AND GREEN HARVESTING

Member State:…Period covered:…Date:…

Note: one different Excel sheet shall be completed for every notification.

ProductProducer organisationsProducer non-members

Total quantities

(t) Total Union financial assistance

(EUR)

Area

(ha) Quantities

(t) Union financial assistance

(EUR)

Area

(ha) Quantities

(t) Union financial assistance

(EUR)

(a)(b)(c)(d)(e)(f)(g) = (b) + (e)(h) = (c) + (f)ApplesPearsTotal Apples and PearsPlumsTotal PlumsOrangesClementinesMandarinsLemonsTotal CitrusPeachesNectarinesTotal Peaches and NectarinesCherriesPersimmonsTotal OthersTOTAL

Annex

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

Member State:…Date:…Product

Producer organisation's contribution

(EUR/100 kg)

Union financial assistance

(EUR/100 kg)

ApplesPearsPlumsOrangesClementinesMandarinsLemonsPeachesNectarinesCherriesPersimmons

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

Member State:…Date:…ProductOpen airGreenhouse

Producer organisation's contribution

(EUR/ha)

Union financial assistance

(EUR/ha)

Producer organisation's contribution

(EUR/ha)

Union financial assistance

(EUR/ha)

ApplesPearsPlumsOrangesClementinesMandarins

LemonsPeachesNectarinesCherriesPersimmons