Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (c. 1308)

PART II INTERNAL MARKET

TITLE I MARKET INTERVENTION

CHAPTER II Aid schemes

Section 3 Aid in the fruit and vegetables sector

Article 37 Delegated powers

In order to ensure an efficient, targeted and sustainable support of producer organisations and their associations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 establishing rules on:

(a)

operational funds and operational programmes, concerning:

(i)

the estimated amounts, the decisions by producer organisations and their associations on the financial contributions and the use of operational funds;

(ii)

the measures, actions, expenditure and administrative and personnel costs to be included or excluded under operational programmes, the modification thereof and the additional requirements to be determined by Member States;

(iii)

the avoidance of double funding between operational programmes and rural development programmes;

(iv)

operational programmes of associations of producer organisations;

(v)

the specific rules applicable to cases in which associations of producer organisations manage, process, implement and present, wholly or in part, operational programmes;

(vi)

the obligation to use common indicators for the purposes of monitoring and evaluation of operational programmes;

(b)

the national framework and national strategy for operational programmes concerning the obligation to monitor and evaluate the effectiveness of the national frameworks and the national strategies;

(c)

Union financial assistance, concerning:

(i)

the basis for the calculation of Union financial assistance and of the value of the marketed production, referred to in Article 34(2);

(ii)

applicable reference periods for the calculation of aid;

(iii)

the provision of advance payments and the requirement to lodge a security where an advance payment of aid is made;

(iv)

the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the application of the limits provided for in Article 34(2);

(d)

crisis prevention and management measures, concerning:

(i)

the possibility for Member States not to apply one or more crisis prevention and management measures;

(ii)

conditions relating to points (a), (b) and (c) of the first subparagraph of Article 33(3);

(iii)

permissible destinations to be decided by Member States for withdrawn products;

(iv)

the maximum level of support for market withdrawals;

(v)

the requirement for prior notifications in case of market withdrawals;

(vi)

the basis of the calculation of the volume of marketed production for free distribution referred to in Article 34(4) and the determination of a maximum volume of marketed production in case of withdrawals;

(vii)

the requirement to display the Union emblem on packages of products for free distribution;

(viii)

the conditions for the recipients of withdrawn products;

(ix)

the use of terms for the purposes of this Section;

(x)

the conditions, to be adopted by Member States, relating to green harvesting and non-harvesting;

(xi)

harvest insurance;

(xii)

mutual funds; and

(xiii)

the conditions relating to, and the fixing of a ceiling for expenditure on, the replanting of orchards for health or phytosanitary reasons in accordance with point (e) of the first subparagraph of Article 33(3);

(e)

national financial assistance, concerning:

(i)

the degree of organisation of producers;

(ii)

the requirement to lodge a security where an advance payment is made;

(iii)

the maximum proportion of Union reimbursement of the national financial assistance.