TITLE IIPRODUCER ORGANISATIONS

CHAPTER IIICrisis prevention and management measures

Section 1General provisions

F1Article 37Selection of crisis prevention and management measures

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Article 38Loans to finance crisis prevention and management measures

Loans taken out to finance crisis prevention and management measures pursuant to the fifth subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 may, on duly justified economic grounds, be carried over to a subsequent operational programme, if their repayment period exceeds the length of the operational programme.

F2Section 2Investments making the management of the volumes placed on the market more efficient

F2Article 39Investments related to the management of volumes

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F3Section 3 Support related to mutual funds

Article 40 Support related to mutual funds

F41.

A producer organisation may apply for support for the administrative cost of setting up mutual funds and the replenishment of mutual funds, as referred to in point (d) of the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013.

2.

The support for the administrative cost of setting up mutual funds F5... shall comprise both the F6... financial assistance F7referred to in Articles 32(1)(b) and 34 of Regulation (EU) No 1308/2013 and the contribution from the producer organisation. The total amount of that support shall not exceed 5 %, 4 % or 2 % of the contribution of the producer organisation to the mutual fund in the first, second and third year of its operation, respectively.

3.

A producer organisation may receive the support for the administrative cost of setting up mutual funds F8..., only once and only within the three first years of the operation of the mutual fund. Where a producer organisation only asks for that support in the second or the third year of operation of the mutual funds, the support shall be 4 % or 2 % of the contribution of the producer organisation to the mutual fund in the second and third year of its operation, respectively.

4.

F9Nothing in this Regulation prevents the appropriate authority from fixing ceilings for the amounts that may be received by a producer organisation as a support related to mutual funds.

F10Section 4Replanting of orchards following mandatory grubbing-up

F10Article 41Replanting of orchards

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F10Section 5Market withdrawals

F10Article 42Scope

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F10Article 43Three-year average for market withdrawals for free distribution

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F10Article 44Prior notification of withdrawal operations

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F10Article 45Support

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F10Article 46Destinations for withdrawn products

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F10Article 47Conditions for the recipients of withdrawn products

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F10Section 6Green harvesting and non-harvesting

F10Article 48Conditions for the application of green harvesting and non-harvesting

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F10Article 49Obligations of the Member States

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Section 7Harvest insurance

Article 50Objective of harvest insurance actions

Actions relating to harvest insurance as referred to in point (h) of the first subparagraph of Article 33(3) of Regulation (EU) No 1308/2013 shall contribute to safeguarding producers' incomes and to covering market losses incurred by the producer organisation or its members where they are affected by natural disasters, climatic events and, where applicable, diseases or pest infestations.

Article 51Implementation of harvest insurance actions

F111.

Harvest insurance actions must be managed by the producer organisation. Harvest insurance actions do not have to cover all of the members of the producer organisation, and can be targeted at specific producer members.

Harvest insurance actions are not permitted to cover contracts of insurance that are not effected and carried out as principal by an authorised person in accordance with the Financial Services and Markets Act 2000.

2.

F12The appropriate authority for the constituent nation in which the producer organisation has its head office may grant additional F13... financing to support harvest insurance actions which are benefiting from the operational fund. However, total public support for harvest insurance shall not exceed:

(a)

80 % of the cost of the insurance premiums paid for by producers for insurance against losses as a result of adverse climatic events which can be assimilated to natural disasters;

(b)

50 % of the cost of the insurance premiums paid for by producers for insurance against:

  1. (i)

    losses referred to in point (a) and against other losses caused by adverse climatic events; and

  2. (ii)

    losses caused by animal or plant diseases or pest infestations.

The limit set out in point (b) of the first subparagraph shall apply even in cases where the operational fund is otherwise eligible for 60 % F14... financial assistance pursuant to Article 34(3) of Regulation (EU) No 1308/2013.

3.

Harvest insurance actions shall not cover insurance payments which compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers obtain from other support schemes related to the insured risk.

F15 Section 8 Support related to coaching

F15Article 51a Implementation of coaching measures

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