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Commission Delegated Regulation (EU) 2016/1149Show full title
Commission Delegated Regulation (EU) 2016/1149 of 15 April 2016 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the national support programmes in the wine sector and amending Commission Regulation (EC) No 555/2008
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SECTION 5 Harvest insurance
Article 27Beneficiaries
1.The beneficiaries of the support referred to in Article 49 of Regulation (EU) No 1308/2013 shall be wine growers as defined in point (a) of Article 2 of Regulation (EC) No 436/2009.
2.Wine growers applying for the support shall make their insurance policy available to the national authorities in order to allow the Member States to comply with the condition laid down in Article 49(2) of Regulation (EU) No 1308/2013.
Article 28Payments to beneficiaries
1.Member States may decide to pay the support referred to in Article 49(1) of Regulation (EU) No 1308/2013 through insurance companies as intermediaries provided that:
(a)the conditions laid down in Article 49(4) of Regulation (EU) No 1308/2013 are respected;
(b)the amount of the support is transferred in full to the producer;
(c)the insurance company pays the support to the producer either in advance, through a reduction of the insurance premium, or through a bank or a postal transfer within 15 days after receiving the payment from the Member State.
2.The use of intermediaries shall be such as not to distort competitive conditions on the insurance market.
Article 29Conditions for the proper functioning
1.For the purposes of Article 49 of Regulation (EU) No 1308/2013, Member States shall adopt conditions for the proper functioning of the measure referred to in that Article, including those necessary to ensure that the support does not distort competition in the insurance market.
2.Member States shall fix ceilings for the amounts of support that may be received in order to respect the conditions laid down in Article 49(3) of Regulation (EU) No 1308/2013. Member States may fix the level on the basis of normal market rates and standard assumptions of income loss. Member States shall ensure that the calculations:
(a)contain only elements that are verifiable;
(b)are based on figures established by appropriate expertise;
(c)indicate clearly the source of the figures;
(d)take into account regional or local site conditions as appropriate.
Article 30Use of terms
For the purposes of Article 49 of Regulation (EU) No 1308/2013, ‘natural disasters’ means natural disasters as defined in Article 2(9) of Regulation (EU) No 702/2014 and ‘adverse climatic events which can be assimilated to a natural disaster’ means adverse climatic events that can be assimilated to a natural disaster as defined in Article 2(16) of that Regulation.
Article 31Priority criteria
Member States may establish priority criteria by indicating them in the support programme. Such priority criteria shall be based on the specific strategy and objectives set out in the support programme and shall be objective and not discriminatory.
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