Temporary derogations from Delegated Regulation (EU) 2017/891
Article 1
1. By way of derogation from Article 11(2) of Delegated Regulation (EU) 2017/891, in the year 2023, the limitation by which a producer organisation can only sell products from producers that are not members of a producer organisation or of an association of producer organisations provided that the economic value of that activity is below the value of its marketed production shall not apply to producer organisations which are affected by the adverse meteorological events of the spring of 2023. 2. By way of derogation from Article 23(4) of Delegated Regulation (EU) 2017/891, where a reduction of at least 35 % in the value of a product has occurred due to the adverse meteorological events of the spring of 2023 falling outside the responsibility and control of the producer organisation, the value of marketed production of that product in 2023 shall be deemed to represent 100 % of the value of marketed production for the average of the five previous 12-month reference periods, excluding the lowest and highest values. 3. By way of derogation from Article 27(5) of Delegated Regulation (EU) 2017/891, for the year 2023, the obligation on Member States to set out in the national strategy the maximum percentages of the operational fund which may be spent on any individual measure or type of action shall not apply to producer organisations or associations of producer organisation which are affected by the adverse meteorological events of the spring of 2023. 4. For the year 2023, the obligations on Member States and producer organisations as regards amendments to operational programmes laid down in Article 34(1) and Article 34(2), first subparagraph, of Delegated Regulation (EU) 2017/891 shall not apply to producer organisations or associations of producer organisation which are affected by the adverse meteorological events of the spring of 2023. 5. By way of derogation from Article 34(2), second subparagraph, point (a), of Delegated Regulation (EU) 2017/891, for the year 2023, Member States may authorise producer organisations which are affected by the adverse meteorological events of the spring of 2023 to suspend their operational programmes in full or in part for the year 2023. 6. By way of derogation from Article 36(2), point (a), of Delegated Regulation (EU) 2017/891, for the year 2023, aid received for eligible actions carried out before the cessation of the operational programme shall not be recovered, provided that the cessation of the operational programme occurred due to the adverse meteorological conditions of the spring of 2023 falling outside the control and responsibility of the producer organisation concerned. 7. By way of derogation from Article 36(3) of Delegated Regulation (EU) 2017/891, Union financial assistance for multiannual commitments, such as environmental actions shall not be recovered and reimbursed to the EAGF where their long-term objectives and expected benefits cannot be realised in the year 2023 because those commitments where interrupted in the year 2023 due to the adverse meteorological events of the spring of 2023. 8. The producer organisation shall prove to the competent authority of the Member State concerned that the conditions provided for in the previous paragraphs are met.