CHAPTER IIAMENDMENTS

Article 14Amendment of Delegated Regulation (EU) No 913/2014

Delegated Regulation (EU) No 913/2014 is amended as follows:

  1. 1.

    Article 2 is amended as follows:

    1. (a)

      Paragraph 1 is replaced by the following.

      ‘1.

      For the withdrawal operations referred to in Article 1(2)(a) Union financial assistance shall be available as follows:

      (a)

      for market withdrawals for free distribution under Article 34(4) of Regulation (EU) No 1308/2013 Union financial assistance shall be available for a maximum of 10 % of the volume of marketed production of each producer organisation;

      (b)

      by way of derogation from the first subparagraph of Article 79(2) of Implementing Regulation (EU) No 543/2011, for market withdrawals for destinations other than free distribution Union financial assistance shall be available for a maximum of 10 % of the volume of marketed production of peaches and nectarines of each producer organisation. However, amounts that are disposed of in one of the ways referred to in Article 34(4) of Regulation (EU) No 1308/2013 or any other way approved by Member States under Article 80(2) of Implementing Regulation (EU) No 543/2011 shall not be taken into account in that proportion.

      The third subparagraph of Article 79(2) of Implementing Regulation (EU) No 543/2011 shall not apply for the purposes of point (b) of the first subparagraph of this paragraph.’

    2. (b)

      The following paragraph 1a is inserted:

      ‘1a.

      By way of derogation from Article 34(1) of Regulation (EU) No 1308/2013, the Union financial assistance for withdrawal operations referred to in Article 1(2)(a) of this Regulation for destinations other than free distribution shall be 75 % of the maximum amounts of the support for other destinations referred to in Annex XI to Implementing Regulation (EU) No 543/2011.’

  2. 2.

    Article 3 is amended as follows:

    1. (a)

      Paragraphs 1 and 2 are replaced by the following:

      ‘1.

      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.’

    2. (b)

      The following paragraph 4a is inserted:

      ‘4a.

      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.’

  3. 3.

    In Article 4, the following second paragraph is added:

    ‘However, for withdrawal operations referred to in Article 3(4a), the first level checks shall cover 100 % of the quantity of products withdrawn.’