Article 1
Regulation (EC) No 1580/2007 is amended as follows:
- 1.
in Article 80(2), the first subparagraph is replaced by the following:
‘2.
Market withdrawals shall not exceed 5 % as a proportion of the volume of the marketed production of any given product in any given producer organisation. However, amounts which are disposed in one of the ways referred to in Article 10(4)(a) and (b) of Regulation (EC) No 1182/2007 or any other way approved by Member States under Article 81(2) shall not be taken into account in that proportion.’;
- 2.
in Article 80(2), the third subparagraph is replaced by the following:
‘The percentages referred to in the first subparagraph shall be annual averages over a three year period, with a 3 % annual margin of overrun.’;
- 3.
in Article 152(2), the following subparagraphs are added:
‘Member States may provide that the expenditure on one or more of the crisis prevention and management measures on market withdrawal, promotion and communication and training which are carried out in 2008 by a producer organisation shall be eligible even if the operational programme has not yet been amended to cover the measures concerned. In order for such expenditure to be eligible:
- (a)
the Member State shall ensure that its national strategy adopted in 2008 in accordance with this Regulation covers the measures concerned,
- (b)
in 2008 the operational programme shall be amended in accordance with this Regulation to cover the measures concerned before an application is made for payment of the related aid; and
- (c)
the measures and any checks on those measures shall comply with this Regulation.
Member States may provide that an amendment to a measure in an existing operational programme made under Article 55(3)(b) of Regulation (EC) No 1182/2007 covers the expenditure on operations which are carried out in 2008 even before that amendment is made, provided that the requirements of points (a), (b) and (c) of the fourth subparagraph are respected.’
- (a)