Article 53U.K.Reference period
1.The annual ceiling on aid referred to in Article 10(2) of Regulation (EC) No 1182/2007 shall be calculated each year on the basis of the value of marketed production during a 12-month reference period to be determined by the Member States.
2.The reference period shall be fixed by the Member States for each producer organisation as:
(a)a 12-month period, starting no earlier than 1 January three years preceding the year in which the operational programme is implemented and ending no later than 1 August of the same year; or
(b)the average value of three subsequent 12-month periods starting no earlier than 1 January five years preceding the year in which the operational programme is implemented and ending no later than 1 August of the same year.
3.The 12-month period shall be the accounting period of the producer organisation concerned.
The reference period shall not vary during an operational programme except in duly justified situations.
4.Where a reduction in the value of a product has occurred due to reasons, duly justified to the satisfaction of a Member State, falling outside the responsibility and control of the producer organisation, the value of the marketed production referred to in paragraph 1 shall not be less than 65 % of the value of the product concerned in the previous reference period.
The reasons referred to in the first subparagraph shall be duly justified.
[F15. Where recently recognised producer organisations have insufficient historical data on marketed production for the application of paragraph 2 the value of marketed production may be considered to be the value of marketable production provided by the producer organisation for the purposes of recognition. This shall be calculated as the average value of the marketed production for the period during those three years in which the producers who are members of the producer organisation when the application for recognition is submitted were actually producing.]
6.Member States shall take the measures necessary to gather information on the value of marketed production of producer organisations which have not submitted operational programmes.
7.By way of derogation from paragraphs 1 and 6, the value of marketed production for the reference period shall be as calculated under the legislation applicable in this reference period.
[F2However, for operational programmes approved by 20 January 2010 , the value of the marketed production for the years until 2007 shall be calculated on the basis of the legislation applicable in the reference period, whereas the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable in 2008.
For operational programmes approved after 20 January 2010 , the value of the marketed production for the years from 2008 shall be calculated on the basis of the legislation applicable at the time the operational programme has been approved.]