Commission Delegated Regulation (EU) 2015/1369 of 7 August 2015 amending Delegated Regulation (EU) No 1031/2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables
Commission Delegated Regulation (EU) 2015/1369of 7 August 2015amending Delegated Regulation (EU) No 1031/2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Article 219(1) in conjunction with Article 228 thereof,Whereas:(1)On 7 August 2014 the Russian government introduced a ban on imports of certain products from the Union to Russia, including fruit and vegetables. In response, the Commission adopted a series of exceptional support measures, in particular by Commission Delegated Regulation (EU) No 913/2014Commission Delegated Regulation (EU) No 913/2014 of 21 August 2014 laying down temporary exceptional support measures for producers of peaches and nectarines (OJ L 248, 22.8.2014, p. 1). for peaches and nectarines and by Commission Delegated Regulations (EU) No 932/2014Commission Delegated Regulation (EU) No 932/2014 of 29 August 2014 laying down temporary exceptional support measures for producers of certain fruit and vegetables and amending Delegated Regulation (EU) No 913/2014 (OJ L 259, 30.8.2014, p. 2). and (EU) No 1031/2014Commission Delegated Regulation (EU) No 1031/2014 of 29 September 2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables (OJ L 284, 30.9.2014, p. 22). for other fruit and vegetables.(2)On 24 June 2015 that ban was extended until August 2016. Owing to the continuation of the ban a serious threat of market disturbances persists and could cause significant price falls due to the fact that an important export market continues to be unavailable. For such a market situation, the normal measures available under Regulation (EU) No 1308/2013 appear to be insufficient. The mechanism based on support for certain quantities of products under Delegated Regulation (EU) No 1031/2014 should therefore be prolonged.(3)To establish an effective safety net, the Union financial assistance should be prolonged for all the products covered by Delegated Regulation (EU) No 1031/2014 for a year. Furthermore, due to their seasonal exports, peaches and nectarines of CN code 080930, which were eligible for support last year under Delegated Regulation (EU) No 913/2014, should now be added to the list of products eligible for support under Delegated Regulation (EU) No 1031/2014.(4)The calculation of the quantities allocated to each Member State should be made on the basis of the level of exports to Russia of the products concerned during the three years preceeding the announcement of the ban, adjusted by the level of uptake by the producers in each Member State of the exceptional support measures made available to them for those products in the last year.(5)Where the uptake of these exceptional support measures within a Member State has been very low for a particular product and the administrative costs of providing support therefore disproportionately high, that Member State should have the option to choose not to continue to implement these measures for the extended period.(6)It is likely to be expected that the products concerned, which would normally have been exported to Russia, will be diverted to the markets of other Member States. Producers of the same products within those Member States, which do not traditionally export their products to Russia, may accordingly be faced with significant market disturbance and a fall in prices.(7)Therefore, in order to further stabilise the market, Union financial assistance should again also be available for producers in all Member States in respect of one or more of the products covered by Delegated Regulation (EU) No 1031/2014 for a quantity not exceeding 3000 tonnes per Member State.(8)Delegated Regulation (EU) No 1031/2014 should therefore be amended accordingly.(9)In order to have an immediate impact on the market and to contribute to stabilise prices, this Regulation should enter into force on the day of its publication,HAS ADOPTED THIS REGULATION:
Article 1Amendment of Delegated Regulation (EU) No 1031/2014Delegated Regulation (EU) No 1031/2014 is amended as follows:(1)Article 1 is amended as follows:(a)in paragraph 2, the following point (s) is added:"(s)peaches and nectarines of CN code 080930.";(b)in paragraph 3, the following point (c) is added:"(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.";(2)Article 2 is amended as follows:(a)paragraph 1 is amended as follows:(i)in the first subparagraph, the following point (c) is added:"(c)for the period referred to in Article 1(3)(c), the quantities set out in Annex Ib.";(ii)the second subparagraph is replaced by the following:"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 3000 tonnes per Member State in each of those periods.";(b)paragraph 3 is replaced by the following:"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 3000 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.";(3)In Article 9, paragraphs 1 and 2 are replaced by the following:"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.";(4)Article 10 is amended as follows:(a)in paragraph 1, the introductory part of the first subparagraph is replaced by the following:"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:";(b)paragraph 2 is replaced by the following:"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.";(5)In Article 11, the following point (c) is added:"(c)30 September 2016 in respect of operations carried out during the period referred to in Article 1(3)(c).";(6)Annex Ib is inserted, the text of which is set out in Annex I to this Regulation;(7)Annexes III and IV are replaced by the text set out in Annex II to this Regulation.
Article 2Entry into forceThis 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, 7 August 2015.For the CommissionThe PresidentJean-Claude JunckerANNEX I"ANNEX IbMaximum quantities of products allocated per Member State as referred to in Article 2(1)(c)
(tonnes)
Apples and pearsPlums, table grapes and kiwifruitTomatoes, carrots, sweet peppers, cucumbers and gherkinsOranges, clementines, mandarins and lemonsPeaches and nectarines
Bulgaria0000950
Belgium8565001675000
Germany62000000
Greece2500163001350795020900
Spain76005000229005545038400
France12150032500450
Croatia21500032000
Italy175501530065033009250
Cyprus000118500
Latvia5000125000
Lithuania00300000
Hungary0300000
Netherlands2295002280000
Austria20500000
Poland29620017503150001900
Portugal36000000"
ANNEX II""ANNEX IIITemplates for notifications as referred to in Article 10NOTIFICATION ON WITHDRAWALS — FREE DISTRIBUTION
Member State:…Period covered:…Date:…
*One different Excel sheet shall be completed for every notification.
ProductProducer organisationsProducer non-membersTotal 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)
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
NOTIFICATION ON WITHDRAWALS — OTHER DESTINATIONS
Member State:…Period covered:…Date:…
*One different Excel sheet shall be completed for every notification.
ProductProducer organisationsProducer non-membersTotal 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
NOTIFICATION ON NON-HARVESTING AND GREEN HARVESTING
Member State:…Period covered:…Date:…
*One different Excel sheet shall be completed for every notification.
ProductProducer organisationsProducer non-membersTotal 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
ANNEX IVTABLES TO BE SENT IN ACCORDANCE WITH ARTICLE 10(2) WITH THE FIRST NOTIFICATION AS REFERRED TO IN ARTICLE 10(1)WITHDRAWALS — OTHER DESTINATIONSMaximum amounts of support fixed by the Member State in accordance with Article 79(1) of Implementing Regulation (EU) No 543/2011 and Articles 4 and 5 of this Regulation
Member State:…Date:…
ProductProducer 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 HARVESTINGMaximum amounts of support fixed by the Member State in accordance with Article 85(4) of Implementing Regulation (EU) No 543/2011 and Article 6 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)
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