TITLE IIIPRODUCER ORGANISATIONS
CHAPTER IIICrisis prevention and management measures
Section 3Green harvesting and non-harvesting
Article 85Definitions of green harvesting and non-harvesting
1.
Green harvesting shall mean the total harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise.
2.
Non-harvesting shall be where no commercial production is taken from the area concerned during the normal production cycle. However destruction of products due to climatic event or disease shall not be considered as non-harvesting.
3.
Green harvesting and non-harvesting shall be additional to and different from normal cultivation practices.
Article 86Conditions for the application of green harvesting and non-harvesting
1.
In relation to green harvesting and non-harvesting measures, Member States shall:
(a)
adopt detailed provisions on the implementation of the measures, including on prior notifications of non-harvesting and green harvesting, their content and deadlines, on the amount of compensation to be paid and on the application of the measures, as well as the list of products eligible under the measures;
(b)
adopt provisions to ensure that no negative impact on the environment nor any negative phytosanitary consequences result from their application;
(c)
ensure that it is possible to check that the measures are carried out correctly, and not approve the application of the measures where this is not the case;
(d)
apply such checks to ensure that the measures are carried out correctly, including in relation to the provisions mentioned in points (a) and (b).
2.
Producer organisations and associations of producer organisations shall notify in advance the competent national authorities, by written telecommunication or electronic message, of each green harvesting or non-harvesting operation they intend to undertake.
They shall include in the first notification of any given year and for a given product, an analysis based on the expected market situation which justifies green harvesting as a crisis prevention measure.
3.
Green harvesting and non-harvesting shall not both be applied for the same product and the same given area in any given year, or in any two consecutive years.
4.
Compensation amounts, comprising both the Community contribution and the producer organisation contribution, for green harvesting and non-harvesting shall be per hectare payments set by the Member State under paragraph 1(a):
(a)
at the level to cover only additional costs generated by the application of the measure, taking into account the environmental and phytosanitary management needed to comply with the provisions adopted pursuant to paragraph 1(b); or
(b)
at a level to cover not more than 90 % of the maximum support level for market withdrawals as referred to in Article 80.