Article 3Financial assistance to producers not being members of producer organisations
F11.
Union financial assistance shall be granted to producers of peaches and nectarines 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.
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.
2.
The Union financial assistance referred to in paragraph 1 shall be available to producers of peaches and nectarines who are not members of a recognised producer organisation for the delivery of products which are subsequently withdrawn from the market, subject to respecting the lower of the ceilings set out in the first subparagraph of paragraph 3 of this Article.
3.
Producers shall conclude a contract with a recognised producer organisation for the entire quantity of products to be delivered under this Article. Producer organisations shall accept all reasonable requests from producers who are not members of a recognised producer organisation. Before signing the contract, the producer organisation shall verify that the quantity to be delivered under the contract does not exceed the lower of the following ceilings:
(a)
10 % of the producer's total production in 2012, on the basis of written documents of probative value to be provided by the producer; and
(b)
the producer organisation's and its members' average production yield per hectare for peaches and nectarines respectively in 2012, multiplied by 10 % of the area used by the producer for the production of peaches and nectarines respectively in 2014 on the basis of written documents of probative value to be provided by the producer.
Member States shall establish a production yield for peaches and nectarines respectively to be used by producer organisations which did not market peaches and/or nectarines in 2012. In case Member States establish regional yields, the regions shall be the ones defined under Article 91(4) of Implementing Regulation (EU) No 543/2011, if applicable.
4.
The Union financial assistance shall be paid to producers not being members of producer organisations by the producer organisation with which the non-member producer signed a contract in accordance with paragraph 3.
F24a.
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 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 comply with the conditions of paragraph 3 of this Article.
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.
5.
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 the costs shall be provided by means of invoices.
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.
The conditions for market withdrawal and the corresponding penalties for non-compliance with those conditions as laid down in Regulation (EU) No 1308/2013 and Implementing Regulation (EU) No 543/2011, as well as Article 2(2) to (5) of this Regulation shall apply mutatis mutandis for the purposes of this Article.