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5.10.2013 Official
Journal
of
the
European
Union L
263/9
COMMISSION IMPLEMENTING REGULATION (EU) No 956/2013
of 4 October 2013
amending Implementing Regulation (EU) No 543/2011 as regards payment of the aid to producer
organisations in the fruit and vegetables sector
THE EUROPEAN COMMISSION,
(4) The
Commission
decided
to
bring
an
appeal
against
the
decision of the General Court in the above mentioned
cases. The appeal was filed with the Court of the
Having regard to the Treaty on the Functioning of the European
European Union on the 12 August 2013. Pending the
Union,
decision of the Court in the appeal, and unless otherwise
provided by the Court the effects of the judgment of the
General Court are suspended.
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
(5) Article
70
of
Implementing
Regulation
(EU)
No
cultural products (Single CMO Regulation) (
543/2011 provides that the aid to producer organi

1 ), and in particular
Article 103h in conjunction with Article 4 thereof,
sations has to be paid by 15 October of the year
following the year of implementation of the operational
programme. If the aid is paid after this date, the
Whereas:
reductions provided for in Article 9 of Commission
Regulation (EC) No 883/2006 ( 5 ) should apply.
(1) Regulation
(EC)
No
1234/2007
and
Commission
Imple
(6)
It is therefore appropriate to extend the time limit for
menting Regulation (EU) No 543/2011 ( 2 ) provide for
Member States to pay the Union financial assistance for
Union financial assistance to producer organisations for
the operational programmes concerned as regards imple
fruit and vegetables.
menting year 2012, to take into account that until the
Commission launched its appeal, Member States may
have suspended processing payment applications during
(2) The
General
Court
by
judgment
of
30
May
2013
in
this period.
joined cases T-454/10 and T-482/11 ( 3 ) annulled the
second subparagraph of Article 52(2a) of Commission
Regulation (EC) No 1580/2007 ( 4 ) and the equivalent
(7) It
is
therefore
appropriate
to
amend
Implementing
Regu
Article 50(3) of Implementing Regulation (EU) No
lation (EU) No 543/2011 accordingly.
543/2011 as regards the calculation of the value of
marketed production of fruit and vegetables intended
for processing. The General Court annulled also
(8) The
measures
provided
for
in
this
Regulation
are
in
Article 60(7) of Implementing Regulation (EU) No
accordance with the opinion of the Management
543/2011 on eligibility of actions under operational
Committee for the Common Organisation of Agricultural
programmes, as regards investments and actions related
Markets,
to the transformation of fruit and vegetables into
processed fruit and vegetables.
HAS ADOPTED THIS REGULATION:
(3) The
General
Court’s
judgment
maintained
the
effects
of
Article 1
the provision on the calculation of the value of marketed
production to the extent only that the relevant payments
In Article 70 of Implementing Regulation (EU) No 543/2011,
have already been executed until the date of delivery of
the following paragraph is added:
the judgment. Consequently, Member States may have
suspended or delayed payments pending either the
adoption of new rules replacing the annulled ones or
‘However, aid for programmes implemented in year 2012
the suspensory effects of an appeal.
regarding fruit and vegetables intended for processing may

be paid no later than 31 December 2013.’
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) Commission Implementing Regulation (EU) No 543/2011 of 7 June
Article 2
2011 laying down detailed rules for the application of Council
Regulation (EC) No 1234/2007 in respect of the fruit and vegetables
This Regulation shall enter into force on the seventh day
and processed fruit and vegetables sectors (OJ L 157, 15.6.2011,
following that of its publication in the Official Journal of the
p. 1).
European Union.
( 3 ) Associazione Nazionale degli Industriali delle Conserve Alimentari Vegetali
(Anicav) (T-454/10) and Agrupación Espaola de Fabricantes de
Conservas Vegetales (Agrucon) and Others (T482/11) v European
( 5 ) Commission Regulation (EC) No 883/2006 of 21 June 2006 laying
Commission (not yet published in ECR).
down detailed rules for the application of Council Regulation (EC)
( 4 ) Commission Regulation (EC) No 1580/2007 of 21 December 2007
No 1290/2005 as regards the keeping of account by the paying
laying down implementing rules of Council Regulations (EC) No
agencies, declarations of expenditure and revenue and the conditions
2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit
for reimbursing expenditure under the EAGF and the EAFRD (OJ
and vegetable sector (OJ L 350, 31.12.2007, p. 1).
L 171, 23.6.2006, p. 1).

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L 263/10
EN
Official Journal of the European Union
5.10.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 4 October 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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