
Article 1 

1. Exceptional support shall be granted to producer organisations referred to in Article 122 (a)(iii) of Regulation (EC) No 1234/2007 and to producers who are not members of those organisations, for the period from 26 May 2011 to 30 June 2011 and in relation to the following products of the fruit and vegetables sector intended for fresh consumption:
(a) tomatoes falling within CN code 0702 00 00;
(b) lettuce falling within CN code 0705 11 00 and CN 0705 19 00 and curled-leaved and broad-leaved (Batavian) endives falling within CN 0705 29 00;
(c) cucumbers falling within CN code 0707 00 05;
(d) sweet peppers falling within CN code 0709 60 10;
(e) courgettes falling within CN code 0709 90 70.
2. The measures taken under this Regulation shall be considered to be intervention measures to regulate agricultural markets within the meaning of Article 3(1)(b) of Council Regulation (EC) No 1290/2005.
Article 2 
Total Union expenditure incurred for the purposes of this Regulation shall not exceed EUR 227 000 000. It shall be financed by the European Agricultural Guarantee Fund (EAGF) and be used solely for the purpose of financing the measures provided for under this Regulation.
Article 3 
Save as explicitly provided for otherwise in this Regulation, Regulation (EC) No 1234/2007, Regulation (EC) No 1580/2007 and Implementing Regulation (EU) No 543/2011 shall apply in respect of producer organisations and its members and shall apply mutatis mutandis in respect of the producers referred to in Article 5.
Article 4 

1. The 5 % ceiling referred to in Article 80(2) of Regulation (EC) No 1580/2007 and in Article 79(2) of Implementing Regulation (EU) No 543/2011 shall not apply in respect of the products referred to in Article 1(1) of this Regulation when those products are withdrawn during the period referred to in that Article.
2. Non-harvesting measures referred to in Article 85(2) of Regulation (EC) No 1580/2007 and in Article 84(1)(b) of Implementing Regulation (EU) No 543/2011 may, in respect of products and during the period referred to in Article 1(1) of this Regulation, be undertaken even where commercial production has been taken from the producing area concerned during the normal production cycle. In such cases, the compensation amounts referred to in Article 86(4) of Regulation (EC) No 1580/2007 and in Article 85(4) of Implementing Regulation (EU) No 543/2011 shall be proportionally reduced to the production already harvested, as established on the basis of the accounting and/or tax data of the producer organisations concerned.
3. The Union contribution to the maximum amounts set by Member States in accordance with Article 80 of Regulation (EC) No 1580/2007 or with Article 79 of Implementing Regulation (EU) No 543/2011 shall not exceed the amounts set out in Part A of Annex I to this Regulation, in case of withdrawals for destinations, other than free distribution. Those amounts shall be doubled in case of free distribution.
4. The ceiling of one-third of expenditure referred to in the second subparagraph of Article 103c(2) of Regulation (EC) No 1234/2007 and the 25 % maximum ceiling for the increase of operational fund referred to in Article 67(1)(c) of Regulation (EC) No 1580/2007 and in Article 66(3)(c) of Implementing Regulation (EU) No 543/2011 shall not apply in respect of expenditure incurred for measures referred to in paragraphs 1 and 2 of this Article during the period referred to in Article 1(1).
5. Additional Union support shall be granted in respect of withdrawal, non-harvesting and green harvesting operations carried out in relation to the products and during the period referred to in Article 1(1). Support for green harvesting shall cover only the products which are physically on the fields and which are effectively green harvested.The additional Union support shall not be included in the operational programmes of the producer organisations and not be taken into account for the purpose of the calculation of the ceilings of 4,1 % and 4,6 % referred to in Article 103d(2) of Regulation (EC) No 1234/2007.The amounts of additional Union support for withdrawals are set out in Part B of Annex I to this Regulation.In case of non-harvesting and green harvesting, Member States shall set the amounts of additional Union support per hectare at a level to cover not more than 90 % of the amounts fixed for withdrawals in Part B of Annex I to this Regulation.The additional Union support shall be granted even if producer organisations do not provide for those operations in the framework of their operational programmes.
6. Expenditure incurred in accordance with this Article shall form part of the operational fund of the producer organisations. Articles 103b(2) and 103d(1) of Regulation (EC) No 1234/2007 shall not apply for the additional Union support referred to in paragraph 5 of this Article.
Article 5 

1. Union support shall be granted to producers of fruit and vegetables who are not members of a recognised producer organisation (hereinafter referred to as ‘producer non-members’) to carry out withdrawal, non-harvesting and green harvesting operations in respect of the products and during the period referred to Article 1(1). Where a producer organisation has been suspended in accordance with Article 116(2) of Regulation (EC) No 1580/2007 or Article 114(2) of Implementing Regulation (EU) No 543/2011, its members shall be deemed to be a producer non-members for the purpose of this Regulation.Support for green harvesting shall cover only the products which are physically on the fields and which are effectively green harvested.
2. In case of withdrawals, producer non-members shall sign a contract with a recognised producer organisation.The Union support shall be paid to such producers by the producer organisation with which they signed such a contract. The second and the fifth subparagraphs of Article 4(5) and Article 4(6) shall apply mutatis mutandis.
3. The amounts of support to be granted pursuant to paragraph 1 in the situation referred to in paragraph 2 shall be the amounts set out in Part B of Annex I, less the amounts that correspond to the real costs incurred by the producer organisation for withdrawing the respective products, which the producer organisation shall retain. Evidence of those costs shall be provided by means of invoices. Producer organisations shall accept all reasonable requests from producers that are not a member of a producer organisation for the purposes of this Regulation.
4. 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 non-member makes a notification to the competent authority of the Member State, instead of signing the contract referred to in paragraph 2. For such notification, Article 79 of Regulation (EC) No 1580/2007 or Article 78 of Implementing Regulation (EU) No 543/2011 shall apply mutatis mutandis.In those cases, the competent authority of the Member State shall pay the Union support directly to the producer, in accordance with its own legislation. The amounts of the support shall be the amounts set out in Part B of Annex I.
5. In case of non-harvesting and green harvesting operations, producer non-members 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 86(1)(a) of Regulation (EC) No 1580/2007 or to Article 85(1)(a) of Implementing Regulation (EU) No 543/2011.The amounts of Union support for non-harvesting and green harvesting operations shall be the amounts set pursuant to the fourth subparagraph of Article 4(5).
Article 6 

1. The withdrawal operations referred to in Articles 4 and 5 shall be subject to first-level checks in accordance with Article 110 of Regulation (EC) No 1580/2007 and Article 108 of Implementing Regulation (EU) No 543/2011. However, those checks shall be limited to 10 % of the quantity of products withdrawn from the market.For withdrawal operations referred to in Article 5(4), the first-level checks shall cover 100 % of the quantity of products withdrawn.
2. Non-harvesting and green harvesting operations as referred to in Articles 4 and 5 shall be subject to the checks and conditions provided for in Article 112 of Regulation (EC) No 1580/2007 and Article 110 of Implementing Regulation (EU) No 543/2011, except as regards the requirement that no partial harvest has taken place. Checks shall be limited to 10 % of the producing areas referred to in Article 4(2).For non-harvesting and green harvesting operations referred to in Article 5(5), the checks shall cover 100 % of the producing areas.
Article 7 

1. Member States shall notify the Commission every Wednesday (before noon, Brussels time) from the day of entry into force of this Regulation of the notifications received during the previous week from the producer organisations and from producer non-members. Those notifications shall relate to the operations to be undertaken for the purposes of this Regulation, in terms of quantities, surface and maximum Union expenditure for each of the products referred to in Article 1(1).Member States shall use the templates set out in Annex II.Member States shall notify the Commission on 22 June 2011 of the information referred to in the first subparagraph, using the templates set out in Annex II, in relation to withdrawal, non-harvesting or green harvesting operations undertaken between 26 May 2011 and the date of the entry into force of this Regulation.
2. Member States shall notify the Commission by 18 of July 2011 of the information on the total quantities withdrawn, the total surface on which non-harvesting or green harvesting operations have been undertaken and the requests for total Union support for the corresponding withdrawal and non-harvesting operations.Member States shall use the template set out for in Annex III.Union support shall not be granted for withdrawal, non-harvesting or green harvesting operations not notified to the Commission in accordance with this paragraph.
3. Where requests for Union support notified in accordance with paragraph 2 exceed the maximum amount of support referred to in Article 2, the Commission shall set, without the assistance of the Committee referred to in Article 195(1) of Regulation (EC) No 1234/2007, an allocation coefficient for the grant of total available Union support on the basis of received requests. In case request for support do not exceed the maximum amount of support, the allocation coefficient shall be set at 100 %.Member States shall apply the allocation coefficient for all applications referred to in Article 8.
Article 8 

1. Producer organisations shall apply for the payment of the Union support referred to in Article 4(5) and 5(2) by 11 July 2011.
2. By way of derogation from the deadlines fixed pursuant to Article 73 of Regulation (EC) No 1580/2007 and Article 72 of Implementing Regulation (EU) No 543/2011, producer organisations shall apply for the payment of the total Union support referred to in Article 4(1) to (4) of this Regulation in accordance with the procedure referred to in Article 73 of Regulation (EC) No 1580/2007 and in Article 72 of Implementing Regulation (EU) No 543/2011 by 11 July 2011.The ceiling of 80 % of the initially approved amount of aid of operational programme established in the third subparagraph of Article 73 of Regulation (EC) No 1580/2007 and Article 72 of Implementing Regulation (EU) No 543/2011 shall not apply
3. Producer non-members shall, by 11 July 2011, apply themselves to the competent authorities of the Member States for the payment of Union support in the situations referred to in Article 5(4) and (5). The Member States shall designate the competent authorities by 30 June 2011.
4. The applications for Union support referred to in paragraphs 1, 2 and 3 shall be accompanied by supporting documents justifying the amount of Union support requested and contain a written undertaking that the applicant has not received any double Union or national funding or compensation under an insurance policy in respect of the operations qualifying for Union support under this Regulation.
5. The competent authorities of the Member States shall not make payments before the allocation coefficient referred to in Article 7(3) has been set. They shall ensure that all payments to be made for the purposes of this Regulation are made by 15 October 2011 at the latest.
Article 9 
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 the Member States.
ANNEX I
Product as referred to in Article 1(1) Maximum support (EUR/100 kg)
Lettuce and curled-leaved and broad-leaved endives 15,5
Cucumbers 9,6
Sweet peppers 17,8
Courgettes 11,8
Product as referred to in Article 1(1) Maximum support (EUR/100 kg)
Tomatoes 33,2
Lettuce and curled-leaved and broad-leaved endives 38,9
Cucumbers 24,0
Sweet peppers 44,4
Courgettes 29,6
ANNEX II

Country:  Date: 
Product POs Producer non-members Total EU support(EUR)
Quantities to be withdrawn(t) EU additional support(EUR)(Article 4(5) of Implementing Regulation (EU) No 585/2011) EU operational fund supportEUR(Article 80(1) of Regulation (EC) No 1580/2007; Article 79(1) of Implementing Regulation (EU) No 543/2011) Total EU support(EUR) Quantities to be withdrawn(t) EU additional support(EUR)(Article 5(3) and (4) of Implementing Regulation (EU) No 585/2011)
Cucumber       
Tomato       
Lettuces and endives       
Sweet peppers       
Courgettes       
Total       




The following table is to be completed on the first day of notification.

Maximum amounts of support fixed by the Member State according to Article 80(1) of Regulation (EC) No 1580/2007; Article 79(1) of Implementing Regulation (EU) No 543/2011:


 Union contribution(EUR/100 kg) PO contribution(EUR/100 kg)
Cucumber  
Lettuces and endives  
Sweet peppers  
Courgettes  


Country:  Date: 
Product POs Producer non-members Total EU support(EUR)
Area(ha) EU operational fund support(EUR)(Article 86(4) of Regulation (EC) No 1580/2007; Article 85(4) of Implementing Regulation (EU) No 543/2011) EU additional support(EUR)(Article 4(5) of Implementing Regulation (EU) No 585/2011) Total EU support(EUR) Area(ha) EU support(EUR)(Article 5(5) of Implementing Regulation (EU) No 585/2011)
Cucumber       
Tomato       
Lettuces and endives       
Sweet peppers       
Courgettes       
Total       





The following table is to be completed on the first day of notification.

Maximum amounts of support fixed by the Member State according to Article 86(4) of Regulation (EC) No 1580/2007; Article 85(4) of Implementing Regulation (EU) No 543/2011:


 Open air Greenhouse
Union contribution(EUR/ha) PO contribution(EUR/ha) Union contribution(EUR/ha) PO contribution(EUR/ha)
Tomatoes    
Cucumber    
Lettuces and endives    
Sweet peppers    
Courgettes    

ANNEX III

Country:  Date: 26 May to 30 June 2011
Product POs Producer non members Total EU support(EUR)
Total quantities withdrawn(t) EU additional support(EUR)(Article 4(5) of Implementing Regulation (EU) No 585/2011) EU operational fund support(EUR)(Article 80(1) of Regulation (EC) No 1580/2007; Article 79(1) of Implementing Regulation (EU) No 543/2011) Total EU Support(EUR) Total quantities withdrawn(t) EU additional support(EUR)(Article 5(3) and (4) of Implementing Regulation (EU) No 585/2011)
Cucumber       
Tomato       
Lettuce and endives       
Sweet peppers       
Courgettes       
Total       




Country:  Date: 26 May to 30 June 2011
Product POs Producer non-members Total EU support(EUR)
Area(ha) EU operational fund support(EUR)(Article 86(4) of Regulation (EC) No 1580/2007; Article 85(4) of Implementing Regulation (EU) No 543/2011) EU additional support(EUR)(Article 4(5) of Implementing Regulation (EU) No 585/2011) Total EU support(EUR) Area(ha) EU support(EUR)(Article 5(5) of Implementing Regulation (EU) No 585/2011)
Cucumber       
Tomato       
Lettuce and endives       
Sweet peppers       
Courgettes       
Total       



