
Article 1 

1. This Regulation lays down rules for temporary exceptional Union support measures to be granted to producer organisations in the fruit and vegetables sector recognised in accordance with Article 154 of Regulation (EU) No 1308/2013 and to producers who are not members of such organisations.Those temporary exceptional Union 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 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.
3. 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 

1. 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.
2. With respect to the quantities per Member State referred to in paragraph 1, Member States may determine for each product or group of products the quantities for market withdrawals for free distribution and for market withdrawals for destinations other than free distribution as well as the equivalent area for green harvesting and non-harvesting.
3. Where the quantities actually withdrawn, in a Member State between 30 September 2014 and 30 June 2015 for a category of products as defined in Annex I and Annex Ia, were 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 in Annex Ib. In that event, the Member State concerned shall notify the Commission of its decision by 31 October 2015. As from the moment of notification, operations carried out in that Member State shall not be eligible for support under this Regulation.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 
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 

1. Union financial assistance shall be granted for market withdrawals for free distribution as referred to in Article 34(4) of Regulation (EU) No 1308/2013 and for destinations other than free distribution carried out in relation to the products referred to in Article 1(2) of this Regulation and during the period referred to in Article 1(3) of this Regulation.
2. 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 in respect of the products referred to in Article 1(2) of this Regulation when those products are withdrawn during the period referred to in Article 1(3) of this Regulation.
3. For products referred to in Article 1(2) of this Regulation, but not listed in Annex XI to Implementing Regulation (EU) No 543/2011, the maximum amounts of support shall be those set out in Annex II to this Regulation.
4. 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.
5. By way of derogation from Article 34(1) of Regulation (EU) No 1308/2013, the Union financial assistance for market withdrawals for destinations other than free distribution shall be 75 % of the maximum amounts of the support for other destinations referred to in Annex XI to Implementing Regulation (EU) No 543/2011 and in Annex II to this Regulation.
6. The Union financial assistance referred to in paragraph 1 shall be available to producer organisations even if they do not provide for such market withdrawal operations in their operational programmes and in the national strategies of Member States. Article 32(2) of Regulation (EU) No 1308/2013 and Article 55(4) of Implementing Regulation (EU) No 543/2011 shall not apply in relation to Union financial assistance under this Article.
7. The Union financial assistance referred to in paragraph 1 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.
8. 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 operations of products referred to in Article 1(2) of this Regulation when those products are withdrawn during the period referred to in Article 1(3) of this Regulation.
9. Expenditure incurred in accordance with this Article shall form part of the operational fund of the producer organisations.
Article 5 

1. 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.
2. The financial assistance referred to in paragraph 1 shall be available for the withdrawal of the products referred to in Article 1(2) when those products are withdrawn during the period referred to in Article 1 (3).
3. Producers shall conclude a contract with a recognised producer organisation for the entire quantity to be delivered under this Article. 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.
4. 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 the producer organisation. Evidence of those costs shall be provided by means of invoices.
5. 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 not being a member of a recognised producer organisation makes a notification to the competent authority of the Member State, instead of signing the contract referred to in paragraph 3. 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 Union financial assistance directly to the producer. Member States shall adopt new or apply existing national rules or procedures for this purpose.
6. Where the recognition of a producer organisation has been suspended in accordance with Article 114(2) of Implementing Regulation (EU) No 543/2011, its members shall be deemed to be producers not being members of a recognised producer organisation for the purpose of this Article.
7. Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011, as well as Article 4(6) to (9) of this Regulation shall apply mutatis mutandis in respect of this Article.
Article 6 

1. Union financial assistance shall be granted in respect of non-harvesting and green harvesting operations carried out in relation to the products referred to in Article 1(2) and during the period referred to in Article 1(3).
2. 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 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 at a level to cover not more than 90 % of the amounts fixed for market withdrawals for destinations other than free distribution in Annex XI to Implementing Regulation (EU) No 543/2011 and in Annex II to this Regulation. For tomatoes that amount shall be 90 % of 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 for destinations other than free distribution.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.
3. 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, in respect of products referred to in Article 1(2) of this Regulation and during the period referred to in Article 1(3) 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 amounts of support referred to in paragraph 2 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.
4. The Union financial assistance shall be granted even if producer organisations do not provide for those operations in the framework of their operational programme and in the national strategies of Member States. Article 32(2) of Regulation (EU) No 1308/2013 and Article 55(4) of Implementing Regulation (EU) No 543/2011 shall not apply in relation to Union financial assistance under this Article.
5. 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 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 measures referred to in paragraph 1 of this Article and related to products referred to in Article 1(2) of this Regulation and during the period referred to in Article 1(3) of this Regulation.
6. The Union financial assistance 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.
7. Expenditure incurred in accordance with this Article shall form part of the operational fund of the producer organisations.
Article 7 

1. Union financial assistance shall be granted to producers who are not members of a recognised producer organisation to carry out non-harvesting and green harvesting operations in respect of the products referred to in Article 1(2) and during the period referred to in Article 1(3).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.
2. The amounts of Union financial assistance for non-harvesting and green harvesting operations shall be 50 % of the amounts set by Member States in accordance with Article 6(2).
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.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.
4. Where the recognition of a producer organisation has been suspended in accordance with Article 114(2) of Implementing Regulation (EU) No 543/2011, its members shall be deemed to be producers not being members of a recognised producer organisation for the purpose of this Article.
5. Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011 shall apply mutatis mutandis in respect of this Article.
Article 8 

1. The withdrawal operations referred to in Articles 4 and 5 shall be subject to first-level checks in accordance with Article 108 of Implementing Regulation (EU) No 543/2011. However, 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 Union financial assistance referred to in Article 4 of this Regulation.However, for withdrawal operations referred to in Article 5(5), 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 6 and 7 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 6(3) 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 7, the checks shall cover 100 % of the producing areas concerned.
3. The withdrawal operations referred to in Articles 4 and 5 shall be subject to second-level checks in accordance with Article 109 of Implementing Regulation (EU) No 543/2011. However, 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 from the market.
4. Member States shall take the appropriate control measures to ensure that withdrawals, non-harvesting and green harvesting operations for tomatoes only cover varieties intended for fresh consumption.
Article 9 

1. Producer organisations shall apply for the payment of the Union financial assistance referred to in Articles 4, 5 and 6 by 31 January 2015 in respect of operations carried out during the period referred to in Article 1(3)(a), by 31 July 2015 in respect of operations carried out during the period referred to in Article 1(3)(b) and by 31 July 2016 in respect of operations carried out during the period referred to in Article 1(3)(c).
2. Producer organisations shall apply for the payment of the total Union financial assistance referred to in Articles 4 and 6 of this Regulation in accordance with the procedure referred to in Article 72 of Implementing Regulation (EU) No 543/2011 by 31 January 2015 in respect of operations carried out during the period referred to in Article 1(3)(a) of this Regulation, by 31 July 2015 in respect of operations carried out during the period referred to in Article 1(3)(b) of this Regulation and by 31 July 2016 in respect of operations carried out during the period referred to in Article 1(3)(c) of this Regulation.
3. Producers not being members of a recognised producer organisation and not having signed a contract with a recognised producer organisation shall, by the dates referred to in paragraph 1, apply themselves to the competent authorities designated by the Member States for the payment of Union financial assistance for the purposes of Article 5 and 7.
4. The applications referred to in paragraphs 1, 2 and 3 shall be accompanied by supporting documents justifying the amount of Union 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 Union financial assistance under this Regulation.
Article 10 

1. 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
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 Article 4, 5 or 6 of this Regulation, using the templates set out in Annex IV.
Article 11 
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 
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


(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

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            
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.


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      
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.


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        
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.

ANNEX IV
WITHDRAWALS — OTHER DESTINATIONS 

Member State:… Date:…


Product Producer Organisation's contribution(EUR/100 kg) Union financial assistance(EUR/100 kg)
Apples  
Pears  
Tomatoes  
Carrots  
Cabbages  
Sweet peppers  
Cauliflowers and headed broccoli  
Cucumbers and gherkins  
Mushrooms  
Plums  
Soft fruit  
Fresh table grapes  
Kiwifruit  
Oranges  
Clementines  
Mandarins  
Lemons  
Peaches  
Nectarines  

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    
Tomatoes    
Carrots    
Cabbages    
Sweet peppers    
Cauliflowers and headed broccoli    
Cucumbers and gherkins    
Mushrooms    
Plums    
Soft fruit    
Fresh table grapes    
Kiwifruit    
Oranges    
Clementines    
Mandarins    
Lemons    
Peaches    
Nectarines    
