
Article 1 

1. This Regulation lays down rules on Union financial assistance (‘the financial assistance’) for temporary support measures to be granted to producer organisations in the fruit sector, recognised in accordance with Article 154 of Regulation (EU) No 1308/2013, and to producers who are not members of such organisations.These temporary support measures shall cover withdrawal, non-harvesting and green harvesting operations.
2. 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.
3. The support measures referred to in paragraph 1 shall cover activities carried out in the period from the date of entry into force of this Regulation, until the date on which the quantities set out in Article 2(1) have been exhausted in each Member State concerned or on 30 June 2018, whichever date is earlier.
4. Where the import situation of certain products from the Union to Russia changes before 30 June 2018, the Commission may amend or repeal this Regulation accordingly.
Article 2 

1. The financial assistance for support measures referred to in Article 1(1) shall be made available to Member States for the quantities of products set out in Annex I.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.
2. 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.
3. Where the quantities actually withdrawn in a Member State between 1 July 2016 and 30 June 2017 in accordance with Delegated Regulation (EU) 2016/921 for a category of products as defined in Annex I to that Regulation are less than 5 % of the total quantities allocated to that Member State for that category of products, the Member State may decide not to make use of the quantity allocated to that Member State for that category of products in accordance with Annex I. In that event, the Member State concerned shall notify the Commission of its decision by 31 October 2017. As from the moment of notification, withdrawal, non-harvesting and green harvesting operations carried out for that category of products in that Member State shall not be eligible for financial assistance.
4. Member States may decide not to make use of the quantity of 2 000 tonnes, or part thereof, referred to in the second subparagraph of paragraph 1. In that event, the Member State concerned shall notify the Commission of its decision by 31 October 2017. As from the moment of this notification, withdrawal, non-harvesting and green-harvesting operations carried out within the quantity of 2 000 tonnes referred to in the second subparagraph of paragraph 1 in that Member State shall not be eligible for financial assistance.
Article 3 
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 

1. The support for withdrawal, non-harvesting and green harvesting operations undertaken in accordance with this Regulation by producer organisations shall be granted to producer organisations even if their operational programmes and the national strategies of Member States do not provide for such operations.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.
2. The ceiling of one third of expenditure referred to in the fourth subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 and the 25 % maximum ceiling for the increase of the operational fund referred to in Article 66(3)(c) of Implementing Regulation (EU) No 543/2011 shall not apply in respect of expenditure incurred for withdrawal, non-harvesting and green harvesting operations under this Regulation.
3. Expenditure incurred in accordance with Articles 5 and 7 shall form part of the operational fund of the producer organisations.
4. Where the recognition of a producer organisation has been suspended in accordance with Article 114(2) of Implementing Regulation (EU) No 543/2011, members of that producer organisation shall be deemed to be producers not being members of a recognised producer organisation for the purpose of Articles 6 and 8.
Article 5 

1. The 5 % ceiling referred to in Article 34(4) of Regulation (EU) No 1308/2013 and in Article 79(2) of Implementing Regulation (EU) No 543/2011 shall not apply to operations under this Regulation.
2. The maximum amounts of the financial assistance for withdrawals to producer organisations shall be those set out in Annex II.
3. By way of derogation from Article 34(1) of Regulation (EU) No 1308/2013, the financial assistance for withdrawals for destinations other than free distribution shall be 75 % of the maximum amounts of the support for other destinations referred to in Annex II to this Regulation.
Article 6 

1. The maximum amounts of the financial assistance granted to producers, who are not members of a recognised producer organisation, for market withdrawals for free distribution shall be those set out in Annex II.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.
2. Producers who are not members of a recognised producer organisation shall conclude a contract with such an organisation for the entire quantity of products to be delivered. Producer organisations shall accept all reasonable requests from producers who are not members of a recognised producer organisation. The quantities delivered by producers not being members shall be consistent with the regional yields and surface concerned.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.
3. 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.
4. 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 

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.
2. 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 

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.
2. 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).
3. 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.
4. 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.
5. Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011 shall apply mutatis mutandis in respect of this Article.
Article 9 

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.
2. 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 

1. Producer organisations shall apply for the payment of the financial assistance referred to in Articles 5 and 7 by 31 July 2018.
2. 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.
3. 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 

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.
2. 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 
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 
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 I

(tonnes)
Member State Apples and pears Plums Oranges, Clementines, Mandarins and Lemons Peaches and nectarines
Belgium 21 845   
Germany 1 615   
Greece 680 4 165 2 040 5 355
Spain 1 955 1 275 14 110 9 775
France 3 060   
Croatia 510  850 
Italy 4 505 3 910 850 2 380
Cyprus   3 060 
Netherlands 5 865   
Austria 510   
Poland 75 565 425  510
Portugal 935   
ANNEX II

Product Maximum support(EUR/100 kg)
Free distribution Other destinations
Apples 16,98 13,22
Nectarines 26,90 26,90
Peaches 26,90 26,90
Pears 23,85 15,90
Oranges 21,00 21,00
Mandarins 19,50 19,50
Clementines 22,16 19,50
Satsumas 19,50 19,50
Lemons 23,99 19,50
Plums 34,00 20,40
Persimmons 21,02 14,01
Cherries 48,14 32,09
ANNEX III

Member State:… Period covered:… Date:…


Product Producer organisations Producer non-members Total quantities(t) Total Union financial assistance(EUR)
Quantities(t) Union financial assistance (EUR) Quantities(t) Union financial assistance (EUR)
withdrawal transport sorting and packing Total withdrawal transport sorting and packing Total
(a) (b) (c) (d) (e) = (b) + (c) + (d) (f) (g) (h) (i) (j) = (g) + (h) + (i) (k) = (a) + (f) (l) = (e) + (j)
Apples            
Pears            
Total Apples and Pears            
Plums            
Total Plums            
Oranges            
Clementines            
Mandarins            
Lemons            
Total Citrus            
Peaches            
Nectarines            
Total Peaches and Nectarines            
Cherries            
Persimmons            
Total Others            
TOTAL            
Note: one different Excel sheet shall be completed for every notification.


Member State:… Period covered:… Date:…


Product Producer organisations Producer 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)
Apples      
Pears      
Total Apples and Pears      
Plums      
Total Plums      
Oranges      
Clementines      
Mandarins      
Lemons      
Total Citrus      
Peaches      
Nectarines      
Total Peaches and Nectarines      
Cherries      
Persimmons      
Total Others      
TOTAL      
Note: one different Excel sheet shall be completed for every notification.


Member State:… Period covered:… Date:…


Product Producer organisations Producer 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)
Apples        
Pears        
Total Apples and Pears        
Plums        
Total Plums        
Oranges        
Clementines        
Mandarins        
Lemons        
Total Citrus        
Peaches        
Nectarines        
Total Peaches and Nectarines        
Cherries        
Persimmons        
Total Others        
TOTAL        
Note: one different Excel sheet shall be completed for every notification.

ANNEX IV
WITHDRAWALS — OTHER DESTINATIONS 

Member State:… Date:…


Product Producer organisation's contribution(EUR/100 kg) Union financial assistance(EUR/100 kg)
Apples  
Pears  
Plums  
Oranges  
Clementines  
Mandarins  
Lemons  
Peaches  
Nectarines  
Cherries  
Persimmons  

NON-HARVESTING AND GREEN HARVESTING 

Member State:… Date:…


Product Open air Greenhouse
Producer organisation's contribution(EUR/ha) Union financial assistance(EUR/ha) Producer organisation's contribution(EUR/ha) Union financial assistance(EUR/ha)
Apples    
Pears    
Plums    
Oranges    
Clementines    
Mandarins    
Lemons    
Peaches    
Nectarines    
Cherries    
Persimmons    
