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18.6.2011 Official
Journal
of
the
European
Union L
160/71
COMMISSION IMPLEMENTING REGULATION (EU) No 585/2011
of 17 June 2011
laying down temporary exceptional support measures for the fruit and vegetable sector
THE EUROPEAN COMMISSION,
main products affected by the fruit and vegetables crisis,
it is appropriate to limit the scope of the exceptional
measures to those products.
Having regard to the Treaty on the Functioning of the European
Union,
(5)
In view of the specific nature of the fruit and vegetables
sector, crisis management and market support measures
Having regard to Council Regulation (EC) No 1234/2007 of
referred to in Article 103c(2) of Regulation (EC) No
22 October 2007 establishing a common organisation of agri
1234/2007 are most appropriate to support producer
cultural markets and on specific provisions for certain agri
organisation recognised for the production of fruit and
cultural products (Single CMO Regulation) ( 1 ), and in particular
vegetables.
Article 191 in conjunction with Article 4 thereof,
(6) Additional
support
should
be
granted
by
the
Union
in
Whereas:
respect of market withdrawals, green harvesting and non-
harvesting of cucumbers, tomatoes, sweet peppers, cour
gettes and certain products of the lettuce and endive
(1) The
Union
fruit
and
vegetables
market
is
undergoing
an
families intended for fresh consumption. Having regard
unprecedented crisis following a deadly enterohaem
to the significant disturbance of the fruit and vegetables
orrhagic Escherichia coli (E. coli) outbreak in Germany,
market and the relatively limited membership of
which has been associated with the consumption of
producer organisations in some Member States, it is
certain fresh fruit and vegetables. The crisis started on
also necessary to grant Union support for such
26 May 2011, when press reports appeared concerning
measures to producers of fruit and vegetables who are
allegations of cucumbers being the cause of the outbreak.
not members of a recognised producer organisation and
who signed a contract with a recognised producer
organisation to withdraw, cucumbers, tomatoes, sweet
(2) Precautionary
measures
have
been
adopted
by
several
peppers, courgettes and certain products of the lettuce
Member States and third countries and a sudden loss
and endive families.
of consumer confidence due to perceived public health
risks is causing a very significant disturbance of the
(7) For
the
sake
of
uniformity
and
in
order
to
avoid
over
Union fruit and vegetables market, especially in respect
compensation, maximum levels of additional Union
of cucumbers, tomatoes, sweet peppers, courgettes and
support for withdrawals, green harvesting and non-
certain products of the lettuce and endive families
harvesting should be set at Union level. In order to
produced in the Union.
take the particular characteristics of non-harvesting and
green harvesting operations into account, Member States
should convert the kg based approach for withdrawals
(3) In
view
of
the
current
and
expected
market
situation,
and
into a hectare based approach, on the basis of yields.
having regard to the fact that Regulation (EC) No

1234/2007 and Commission Regulation (EC) No
1580/2007 of 21 December 2007 laying down imple
(8) Producer
organisations
are
the
basic
actors
of
the
fruit
menting rules of Council Regulations (EC) No 2200/96,
and vegetables sector and are the most suited entities to
(EC) No 2201/96 and (EC) No 1182/2007 in the fruit
ensure that Union support is paid to producers who are
and vegetable sector ( 2 ), to be replaced as from 22 June
not members of a recognised producer organisation.
2011 by Commission Implementing Regulation (EU) No
They should ensure that Union support is paid to the
543/2011 of 7 June 2011 laying down detailed rules for
producers who are not members of a recognised
the application of Council Regulation (EC) No
producer organisation through the conclusion of a
1234/2007 in respect of the fruit and vegetables and
contract. As not all Member States have the same
processed fruit and vegetables sectors
( 3 ) do not
degree of organisation at the supply side of the fruit
specifically provide for sector-specific instruments
and vegetables market, it is appropriate to allow the
adequate to address the practical problems occurring in
competent authority of the Member States to pay the
the fruit and vegetables sector, it is necessary to adopt
Union support directly to the producers where this is
exceptional measures, as a matter of urgency and for a
duly justified.
limited period of time.
(9)
For the sake of budgetary discipline, it is necessary to
(4) As
cucumbers,
tomatoes,
sweet
peppers,
courgettes
and
provide for a ceiling for the expenditure to be financed
certain products of the lettuce and endive families are the
by the European Agricultural Guarantee Fund (EAGF) and
to set up a notification and monitoring system, under
which the Member States inform the Commission in
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 350, 31.12.2007, p. 1.
respect of their withdrawal, non-harvesting and green
( 3 ) OJ L 157, 15.6.2011, p. 1.
harvesting operations.

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L 160/72
EN
Official Journal of the European Union
18.6.2011
(10) In order to limit the impact of the harm caused to the
1580/2007 and Implementing Regulation (EU) No 543/2011
fruit and vegetables sector, this Regulation should cover a
shall apply in respect of producer organisations and its
period starting on 26 May 2011. For reasons of urgency,
members and shall apply mutatis mutandis in respect of the
this Regulation should enter into force on the day of its
producers referred to in Article 5.
publication.
Article 4
(11) The
Management
Committee
for
the
Common
Organ
Producer organisations
isation of Agricultural Markets has not delivered an
opinion within the time limit set by its Chairman,
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
HAS ADOPTED THIS REGULATION:
the products referred to in Article 1(1) of this Regulation
when those products are withdrawn during the period
referred to in that Article.
Article 1
Scope
2. Non-harvesting
measures
referred
to
in
Article
85(2)
of
Regulation (EC) No 1580/2007 and in Article 84(1)(b) of
1. Exceptional support shall be granted to producer organ
Implementing Regulation (EU) No 543/2011 may, in respect
isations referred to in Article 122 (a)(iii) of Regulation (EC) No
of products and during the period referred to in Article 1(1)
1234/2007 and to producers who are not members of those
of this Regulation, be undertaken even where commercial
organisations, for the period from 26 May 2011 to 30 June
production has been taken from the producing area
2011 and in relation to the following products of the fruit and
concerned during the normal production cycle. In such cases,
vegetables sector intended for fresh consumption:
the compensation amounts referred to in Article 86(4) of Regu
lation (EC) No 1580/2007 and in Article 85(4) of Implementing
Regulation (EU) No 543/2011 shall be proportionally reduced
(a) tomatoes falling within CN code 0702 00 00;
to the production already harvested, as established on the basis
of the accounting and/or tax data of the producer organisations
concerned.
(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;
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
(c) cucumbers falling within CN code 0707 00 05;
(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
(d) sweet peppers falling within CN code 0709 60 10;
be doubled in case of free distribution.
(e) courgettes falling within CN code 0709 90 70.
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
2. The
measures
taken
under
this
Regulation
shall
be operational fund referred to in Article 67(1)(c) of Regulation
considered to be intervention measures to regulate agricultural
(EC) No 1580/2007 and in Article 66(3)(c) of Implementing
markets within the meaning of Article 3(1)(b) of Council
Regulation (EU) No 543/2011 shall not apply in respect of
Regulation (EC) No 1290/2005. (
expenditure incurred for measures referred to in paragraphs 1

1 )
and 2 of this Article during the period referred to in
Article 1(1).
Article 2
Maximum amount of support
5. Additional
Union
support
shall
be
granted
in
respect
of
withdrawal, non-harvesting and green harvesting operations
Total Union expenditure incurred for the purposes of this Regu
carried out in relation to the products and during the period
lation shall not exceed EUR 210 000 000. It shall be financed
referred to in Article 1(1). Support for green harvesting shall
by the European Agricultural Guarantee Fund (EAGF) and be
cover only the products which are physically on the fields and
used solely for the purpose of financing the measures provided
which are effectively green harvested.
for under this Regulation.
The additional Union support shall not be included in the oper
Article 3
ational programmes of the producer organisations and not be
taken into account for the purpose of the calculation of the
Applicability of rules
ceilings of 4,1 % and 4,6 % referred to in Article 103d(2) of
Save as explicitly provided for otherwise in this Regulation,
Regulation (EC) No 1234/2007.
Regulation (EC) No 1234/2007, Regulation (EC) No
The amounts of additional Union support for withdrawals are
( 1 ) OJ L 209, 11.8.2005, p. 1.
set out in Part B of Annex I to this Regulation.

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EN
18.6.2011 Official
Journal
of
the
European
Union L
160/73
In case of non-harvesting and green harvesting, Member States
In those cases, the competent authority of the Member State
shall set the amounts of additional Union support per hectare at
shall pay the Union support directly to the producer, in
a level to cover not more than 90 % of the amounts fixed for
accordance with its own legislation. The amounts of the
withdrawals in Part B of Annex I to this Regulation.
support shall be the amounts set out in Part B of Annex I.
The additional Union support shall be granted even if producer
5. In
case
of
non-harvesting
and
green
harvesting
operations,
organisations do not provide for those operations in the
producer non-members shall make the appropriate notification
framework of their operational programmes.
to the competent authority of the Member State in accordance
with the detailed provisions adopted by the Member State
6. Expenditure
incurred
in
accordance
with
this
Article
shall pursuant to Article 86(1)(a) of Regulation (EC) No 1580/2007
form part of the operational fund of the producer organisations.
or to Article 85(1)(a) of Implementing Regulation (EU) No
Articles 103b(2) and 103d(1) of Regulation (EC) No 1234/2007
543/2011.
shall not apply for the additional Union support referred to in
paragraph 5 of this Article.
The amounts of Union support for non-harvesting and green
harvesting operations shall be the amounts set pursuant to the
Article 5
fourth subparagraph of Article 4(5).
Producer non-members of producer organisations
1. Union
support
shall
be
granted
to
producers
of
fruit
and
Article 6
vegetables who are not members of a recognised producer
Checks on withdrawal, non-harvesting and green
organisation (hereinafter referred to as ‘producer non-
harvesting operations
members’) to carry out withdrawal, non-harvesting and green
harvesting operations in respect of the products and during the
1. The
withdrawal
operations
referred
to
in
Articles
4
and
5
period referred to Article 1(1). Where a producer organisation
shall be subject to first-level checks in accordance with
has been suspended in accordance with Article 116(2) of Regu
Article 110 of Regulation (EC) No 1580/2007 and
lation (EC) No 1580/2007 or Article 114(2) of Implementing
Article 108 of Implementing Regulation (EU) No 543/2011.
Regulation (EU) No 543/2011, its members shall be deemed to
However, those checks shall be limited to 10 % of the
be a producer non-members for the purpose of this Regulation.
quantity of products withdrawn from the market.
Support for green harvesting shall cover only the products
For withdrawal operations referred to in Article 5(4), the first-
which are physically on the fields and which are effectively
level checks shall cover 100 % of the quantity of products
green harvested.
withdrawn.
2. In
case
of
withdrawals,
producer
non-members
shall
sign
a contract with a recognised producer organisation.
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)
The Union support shall be paid to such producers by the
No 1580/2007 and Article 110 of Implementing Regulation
producer organisation with which they signed such a contract.
(EU) No 543/2011, except as regards the requirement that no
The second and the fifth subparagraphs of Article 4(5) and
partial harvest has taken place. Checks shall be limited to 10 %
Article 4(6) shall apply mutatis mutandis.
of the producing areas referred to in Article 4(2).
3. The
amounts
of
support
to
be
granted
pursuant
to
For non-harvesting and green harvesting operations referred to
paragraph 1 in the situation referred to in paragraph 2 shall
in Article 5(5), the checks shall cover 100 % of the producing
be the amounts set out in Part B of Annex I, less the amounts
areas.
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
Article 7
shall be provided by means of invoices. Producer organisations
shall accept all reasonable requests from producers that are not
Notifications
a member of a producer organisation for the purposes of this
Regulation.
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
4. For
duly
justified
reasons,
such
as
the
limited
degree
of received during the previous week from the producer organ
organisation of the producers in the Member State concerned,
isations and from producer non-members. Those notifications
and in a non-discriminatory way, Member States may authorise
shall relate to the operations to be undertaken for the purposes
that a producer non-member makes a notification to the
of this Regulation, in terms of quantities, surface and maximum
competent authority of the Member State, instead of signing
Union expenditure for each of the products referred to in
the contract referred to in paragraph 2. For such notification,
Article 1(1).
Article 79 of Regulation (EC) No 1580/2007 or Article 78 of
Implementing Regulation (EU) No 543/2011 shall apply mutatis
mutandis.
Member States shall use the templates set out in Annex II.

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L 160/74
EN
Official Journal of the European Union
18.6.2011
Member States shall notify the Commission on 22 June 2011 of
2.
By way of derogation from the deadlines fixed pursuant to
the information referred to in the first subparagraph, using the
Article 73 of Regulation (EC) No 1580/2007 and Article 72 of
templates set out in Annex II, in relation to withdrawal, non-
Implementing Regulation (EU) No 543/2011, producer organ
harvesting or green harvesting operations undertaken between
isations shall apply for the payment of the total Union support
26 May 2011 and the date of the entry into force of this
referred to in Article 4(1) to (4) of this Regulation in accordance
Regulation.
with the procedure referred to in Article 73 of Regulation (EC)
No 1580/2007 and in Article 72 of Implementing Regulation
2. Member
States
shall
notify
the
Commission
by
18
of
July (EU) No 543/2011 by 11 July 2011.
2011 of the information on the total quantities withdrawn, the
total surface on which non-harvesting or green harvesting
The ceiling of 80 % of the initially approved amount of aid of
operations have been undertaken and the requests for total
operational programme established in the third subparagraph of
Union support for the corresponding withdrawal and non-
Article 73 of Regulation (EC) No 1580/2007 and Article 72 of
harvesting operations.
Implementing Regulation (EU) No 543/2011 shall not apply
Member States shall use the template set out for in Annex III.
3. Producer
non-members
shall,
by
11
July
2011,
apply
themselves to the competent authorities of the Member States
Union support shall not be granted for withdrawal, non-
for the payment of Union support in the situations referred to
harvesting or green harvesting operations not notified to the
in Article 5(4) and (5). The Member States shall designate the
Commission in accordance with this paragraph.
competent authorities by 30 June 2011.
3. Where
requests
for
Union
support
notified
in
accordance 4. The
applications
for
Union
support
referred
to
in
with paragraph 2 exceed the maximum amount of support
paragraphs 1, 2 and 3 shall be accompanied by supporting
referred to in Article 2, the Commission shall set, without the
documents justifying the amount of Union support requested
assistance of the Committee referred to in Article 195(1) of
and contain a written undertaking that the applicant has not
Regulation (EC) No 1234/2007, an allocation coefficient for
received any double Union or national funding or compen
the grant of total available Union support on the basis of
sation under an insurance policy in respect of the operations
received requests. In case request for support do not exceed
qualifying for Union support under this Regulation.
the maximum amount of support, the allocation coefficient
shall be set at 100 %.
5. The
competent
authorities
of
the
Member
States
shall
not
make payments before the allocation coefficient referred to in
Member States shall apply the allocation coefficient for all
Article 7(3) has been set. They shall ensure that all payments to
applications referred to in Article 8.
be made for the purposes of this Regulation are made by
15 October 2011 at the latest.
Article 8
Article 9
Application for and payment of Union support
Entry into force
1. Producer
organisations
shall
apply
for
the
payment
of
the
Union support referred to in Article 4(5) and 5(2) by 11 July
This Regulation shall enter into force on the day of its
2011.
publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in the Member States.
Done at Brussels, 17 June 2011.
For the Commission
The President
José Manuel BARROSO

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EN
18.6.2011 Official
Journal
of
the
European
Union L
160/75
ANNEX I
PART A
Maximum amounts of Union contribution to support for market withdrawals as referred to in Article 4(3)
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
PART B
Maximum amounts of additional Union support for market withdrawals as referred to in Article 4(5)
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

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L 160/76
ANNEX II
Templates for notification as referred to in article 7(1)
NOTIFICATION ON WITHDRAWALS
Country:
Date (1 ):
EN

POs Producer
non-members
EU operational fund support
EU additional support
Product (
EU additional support
EUR
Total EU support
2 )
Quantities to be
(EUR)
(Article 80(1) of Regulation (EC) No
Total EU support
Quantities to be
(EUR)
(EUR)
withdrawn
withdrawn
(Article 5(3) and (4) of
(t)
(Article 4(5) of Implementing
1580/2007; Article 79(1) of
(EUR)
Regulation (EU) No 585/2011)
Implementing Regulation (EU) No
(t)
Implementing Regulation (EU)
543/2011) (
No 585/2011)
3 )
Cucumber
Off
icial
Tomato
Jour
Lettuces and endives
nal
Sweet peppers
of
the
Courgettes
European
Total
(1 ) One different Excel sheet shall be completed for every week (including nil notifications for weeks with no operations, in case of Member States that have made a previous notification).
Union
(2 ) Products as defined in Article 1(1).
(3 ) Only the Union contribution shall be considered for the calculation, e.g. for tomatoes EUR 3,6325/100 kg.
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
PO contribution
(EUR/100 kg)
(EUR/100 kg)
Cucumber
Lettuces and endives
Sweet peppers
18.6.2011
Courgettes

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18.6.2011 Off
NOTIFICATION ON GREEN/NON-HARVESTING
Country:
Date (1 ):
POs Producer
non-members
EU operational fund support
(EUR)
EN
Product (
EU additional support
EU support
Total EU support
2 )

Area
(Article 86(4) of Regulation
(EUR)
Total EU support
Area
(EUR)
(EUR)
(ha) (
(EC) No 1580/2007;
3 )
Article 85(4) of Implementing
(Article 4(5) of Implementing
(EUR)
(ha) (3 )
(Article 5(5) of Implementing
Regulation (EU) No
Regulation (EU) No 585/2011)
Regulation (EU) No 585/2011)
543/2011) (4 )
Cucumber
Tomato
Lettuces and endives
Sweet peppers
Courgettes
icial
Total
Jour
(1 ) One different Excel sheet shall be completed for every week (including nill notifications for weeks with no operations, in case of Member States that have made a previous notification).
nal
(2 ) Products as defined in Article 1(1).
(3 ) Where commercial production has already been harvested, the figure to be registered shall estimate the equivalent surface with production.
of
(4 ) Only the Union contribution shall be considered for the calculation.
the
The following table is to be completed on the first day of notification.
European
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
Union contribution
PO contribution
Union contribution
PO contribution
(EUR/ha)
(EUR/ha)
(EUR/ha)
(EUR/ha)
Tomatoes
Cucumber
Lettuces and endives
Sweet peppers
Courgettes
L
160/77

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L 160/78
ANNEX III
Templates for notification as referred to in article 7(2)
NOTIFICATION ON WITHDRAWALS
EN
Country:
Date:
26 May to 30 June 2011

POs Producer
non
members
EU operational fund support
EU additional support
Product (
EU additional support
(EUR)
Total EU support
1 )
Total quantities
(EUR)
(Article 80(1) of Regulation (EC) No
Total EU Support
Total quantities
(EUR)
(EUR)
withdrawn
withdrawn
(Article 5(3) and (4) of
(t)
(Article 4(5) of Implementing
1580/2007; Article 79(1) of
(EUR)
Regulation (EU) No 585/2011)
Implementing Regulation (EU) No
(t)
Implementing Regulation (EU)
543/2011) (
No 585/2011)
2 )
Cucumber
Off
icial
Tomato
Jour
Lettuce and endives
nal
Sweet peppers
of
Courgettes
the
European
Total
(1 ) Products as defined in Article 1(1).
(2 ) Only the Union contribution shall be considered for the calculation, e.g. for tomatoes EUR 3,6325/100 kg.
Union
NOTIFICATION ON GREEN/NON-HARVESTING
Country:
Date:
26 May to 30 June 2011
POs Producer
non-members
EU operational fund support
(EUR)
Product (
EU additional support
EU support
Total EU support
1 )
Area
(Article 86(4) of Regulation
(EUR)
Total EU support
Area
(EUR)
(EUR)
(ha) (
(EC) No 1580/2007;
2 )
Article 85(4) of Implementing
(Article 4(5) of Implementing
(EUR)
(ha) (2 )
(Article 5(5) of Implementing
Regulation (EU) No
Regulation (EU) No 585/2011)
Regulation (EU) No 585/2011)
543/2011) (3 )
Cucumber
18.6.2011
Tomato
Lettuce and endives

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18.6.2011 Off
POs Producer
non-members
EU operational fund support
(EUR)
Product (
Total EU support
1 )
(Article 86(4) of Regulation
EU additional support
EU support
(EUR)
Area
(EUR)
Total EU support
Area
(EUR)
(ha) (
(EC) No 1580/2007;
2 )
Article 85(4) of Implementing
(Article 4(5) of Implementing
(EUR)
(ha) (2 )
(Article 5(5) of Implementing
Regulation (EU) No
Regulation (EU) No 585/2011)
Regulation (EU) No 585/2011)
EN
543/2011) (3 )

Sweet peppers
Courgettes
Total
(1 ) Products as defined in Article 1(1).
(2 ) Where commercial production has already been harvested, the figure to be registered shall estimate the equivalent surface with production.
(3 ) Only the Union contribution shall be considered for the calculation.
icial
Jour
nal
of
the
European
Union
L
160/79

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