Commission Implementing Regulation (EU) No 585/2011Show full title

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,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1), and in particular Article 191 in conjunction with Article 4 thereof,

Whereas:

(1) The Union fruit and vegetables market is undergoing an unprecedented crisis following a deadly enterohaemorrhagic Escherichia coli (E. coli) outbreak in Germany, which has been associated with the consumption of certain fresh fruit and vegetables. The crisis started on 26 May 2011, when press reports appeared concerning allegations of cucumbers being the cause of the outbreak.

(2) Precautionary measures have been adopted by several Member States and third countries and a sudden loss of consumer confidence due to perceived public health risks is causing a very significant disturbance of the Union fruit and vegetables market, especially in respect of cucumbers, tomatoes, sweet peppers, courgettes and certain products of the lettuce and endive families produced in the Union.

(3) In view of the current and expected market situation, and having regard to the fact that Regulation (EC) No 1234/2007 and Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector(2), to be replaced as from 22 June 2011 by Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(3) do not specifically provide for sector-specific instruments adequate to address the practical problems occurring in the fruit and vegetables sector, it is necessary to adopt exceptional measures, as a matter of urgency and for a limited period of time.

(4) As cucumbers, tomatoes, sweet peppers, courgettes and certain products of the lettuce and endive families are the main products affected by the fruit and vegetables crisis, it is appropriate to limit the scope of the exceptional measures to those products.

(5) In view of the specific nature of the fruit and vegetables sector, crisis management and market support measures referred to in Article 103c(2) of Regulation (EC) No 1234/2007 are most appropriate to support producer organisation recognised for the production of fruit and vegetables.

(6) Additional support should be granted by the Union in respect of market withdrawals, green harvesting and non-harvesting of cucumbers, tomatoes, sweet peppers, courgettes and certain products of the lettuce and endive families intended for fresh consumption. Having regard to the significant disturbance of the fruit and vegetables market and the relatively limited membership of producer organisations in some Member States, it is also necessary to grant Union support for such measures to producers of fruit and vegetables who are not members of a recognised producer organisation and who signed a contract with a recognised producer organisation to withdraw, cucumbers, tomatoes, sweet peppers, courgettes and certain products of the lettuce and endive families.

(7) For the sake of uniformity and in order to avoid overcompensation, maximum levels of additional Union support for withdrawals, green harvesting and non-harvesting should be set at Union level. In order to take the particular characteristics of non-harvesting and green harvesting operations into account, Member States should convert the kg based approach for withdrawals into a hectare based approach, on the basis of yields.

(8) Producer organisations are the basic actors of the fruit and vegetables sector and are the most suited entities to ensure that Union support is paid to producers who are not members of a recognised producer organisation. They should ensure that Union support is paid to the producers who are not members of a recognised producer organisation through the conclusion of a contract. As not all Member States have the same degree of organisation at the supply side of the fruit and vegetables market, it is appropriate to allow the competent authority of the Member States to pay the Union support directly to the producers where this is duly justified.

(9) For the sake of budgetary discipline, it is necessary to provide for a ceiling for the expenditure to be financed 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 respect of their withdrawal, non-harvesting and green harvesting operations.

(10) In order to limit the impact of the harm caused to the fruit and vegetables sector, this Regulation should cover a period starting on 26 May 2011. For reasons of urgency, this Regulation should enter into force on the day of its publication.

(11) The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 299, 16.11.2007, p. 1.

(2)

OJ L 350, 31.12.2007, p. 1.

(3)

OJ L 157, 15.6.2011, p. 1.