(1)

Article 103d(2) of Regulation (EC) No 1234/2007 provides for the grant of financial assistance to be capped at either 4,1 % or 4,6 % of the value of the marketed production of each producer organisation.

(2)

Article 52 of Commission Regulation (EC) No 1580/2007 (2) lays down detailed rules on the calculation of the value of marketed production for a producer organisation. Pursuant to point (a) of paragraph 6 of that Article, a producer organisation is to invoice the marketed production of fruit and vegetables at the ‘ex-producer organisation’ stage, where applicable, as product which is packaged, prepared, or has undergone first-stage processing.

(3)

Point (i) of Article 21(1) of Regulation (EC) No 1580/2007 contains a definition of ‘first-stage processing’. However, that definition has given rise to difficulties of interpretation. Since legal certainty requires clear rules on the calculation of the value of marketed production, that definition should be deleted and the definition of ‘by product’ should be adapted accordingly.

(4)

The calculation of the value of fruit and vegetables intended for processing has proven difficult. For control purposes and for the sake of simplification, it is appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing the value of the basic product, namely fruit and vegetables intended for processing, and activities which do not amount to genuine processing activities. Since the volumes of fruit and vegetables needed for the production of processed fruit and vegetables differ largely between groups of products, those differences should be reflected in the applicable flat rates.

(5)

In the case of fruit and vegetables intended for processing that are transformed into processed aromatic herbs and paprika powder, it is also appropriate to introduce a flat rate for the purposes of calculating the value of fruit and vegetables intended for processing, representing only the value of the basic product.

(6)

In order to ensure the smooth transition to the new system for the calculation of the value of the marketed production for fruit and vegetables intended for processing, operational programmes approved by 20 January 2010 should not be affected by the new calculation method, without prejudice to the possibility to amend those operational programmes in accordance with Articles 66 and 67 of Regulation (EC) No 1580/2007. For the same reason, the value of the marketed production for the reference period of operational programmes approved after that date should be calculated under the new rules.

(7)

In order to allow for more flexibility in the use of market withdrawals, it is appropriated to increase the annual margin of overrun set out in Article 80(2) of Regulation (EC) No 1580/2007.

(8)

In order to facilitate free distribution, it is appropriate to provide for the possibility to allow charitable organisations and institutions to ask a symbolic contribution from the final recipients of products subjected to market withdrawals, in case those products have undergone processing.

(9)

The flat-rate amounts for transport, sorting and packaging costs for free distribution of fruit and vegetables withdrawn from the market set out in Article 83(1) and Annex XI of Regulation (EC) No 1580/2007 should be updated.

(10)

Regulation (EC) No 1580/2007 should therefore be amended accordingly.

(11)

The Management Committee for the Common Organisation of Agricultural Markets has not delivered an opinion within the time limit set by its Chairman,

1.

Article 21(1) is amended as follows:

2.

Article 52 is amended as follows:

3.

in Article 53(7), the following subparagraphs are added:

‘However, 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.’;

4.

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 5 percentage points of annual margin of overrun.’;

5.

in Article 81(2), the following subparagraph is inserted after the first subparagraph:

‘Member States may allow the charitable organisations and the institutions referred to in points (a) and (b) of Article 103d(4) of Regulation (EC) No 1234/2007 to ask a symbolic contribution from the final recipients of products subjected to market withdrawals, in case those products have undergone processing.’;

6.

in Article 83, paragraphs 1 and 2 are replaced by the following:

7.

Annex VIa, as set out in Annex I to this Regulation, is inserted;

8.

Annex XI is replaced by the text in Annex II to this Regulation;

9.

Annex XII is replaced by the text in Annex III to this Regulation.