# C_2013015EN.01000101.xml

| 18.1.2013 | EN | Official Journal of the European Union | C 15/1 |
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18.1.2013

EN

Official Journal of the European Union

C 15/1

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Planned closure of complaint CHAP (2011)3460

2013/C 15/01

| 1. | The European Commission has received and registered under CHAP (2011)3460 complaints, in which complainants state that as a result of having been given the wrong information by the Polish paying agency, a large number of farmers (cucumber and tomato producers) in Poland did not claim compensation for damage caused by the E. coli outbreak, as they were informed that only producers of cucumbers grown in greenhouses or polytunnels were eligible for compensation. The acknowledgement of receipt of the multiple complaint was published in OJ C 60, 29.2.2012, p. 15. |
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1.

The European Commission has received and registered under CHAP (2011)3460 complaints, in which complainants state that as a result of having been given the wrong information by the Polish paying agency, a large number of farmers (cucumber and tomato producers) in Poland did not claim compensation for damage caused by the E. coli outbreak, as they were informed that only producers of cucumbers grown in greenhouses or polytunnels were eligible for compensation. The acknowledgement of receipt of the multiple complaint was published in OJ C 60, 29.2.2012, p. 15.

E. coli

| 2. | The Commission services have assessed the information provided by the complainants and contacted the competent Polish authorities in order to address the points raised in their correspondence. The result of this exchange and in particular the information provided as regards the measures taken by Polish authorities responsible for implementation of Commission Implementing Regulation (EU) No 585/2011 of 17 June 2011 laying down temporary exceptional support measures for the fruit and vegetable sector (1) did not offer elements of facts establishing that those authorities did not comply with the regulation and consequently conditions to proceed against Poland in the context of an infringement proceeding. |
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2.

The Commission services have assessed the information provided by the complainants and contacted the competent Polish authorities in order to address the points raised in their correspondence. The result of this exchange and in particular the information provided as regards the measures taken by Polish authorities responsible for implementation of Commission Implementing Regulation (EU) No 585/2011 of 17 June 2011 laying down temporary exceptional support measures for the fruit and vegetable sector (1) did not offer elements of facts establishing that those authorities did not comply with the regulation and consequently conditions to proceed against Poland in the context of an infringement proceeding.

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| 3. | Notwithstanding the answer received from the Polish authorities the matter in question is subject to ongoing Commission's audit enquiries in view of Regulation (EU) No 585/2011. The information provided by the complainants will be duly taken into account in the audit enquiries. |
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3.

Notwithstanding the answer received from the Polish authorities the matter in question is subject to ongoing Commission's audit enquiries in view of Regulation (EU) No 585/2011. The information provided by the complainants will be duly taken into account in the audit enquiries.

| 4. | Therefore, the Commission proposes no longer to consider the complaints under the rules governing the opening of infringement procedures, but instead to close the CHAP (2011)3460 file. Complainants are invited to submit any comments within four weeks. |
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4.

Therefore, the Commission proposes no longer to consider the complaints under the rules governing the opening of infringement procedures, but instead to close the CHAP (2011)3460 file. Complainants are invited to submit any comments within four weeks.

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(1)  OJ L 160, 18.6.2011, p. 71.

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