Commission Regulation (EC) No 1120/2001 of 7 June 2001 derogating from Regulation (EC) No 609/2001 as regards the implementation of certain provisions for 2001 and amending Regulation (EC) No 412/97
Date: 2001-06-07
Institutions: European Commission
Subjects: EU financing, common organisation of markets, fruit, operational programme, producer organisation, vegetable

L 153/10

EN

Official Journal of the European Communities

8.6.2001

COMMISSION REGULATION (EC) No 1120/2001

of 7 June 2001

derogating from Regulation (EC) No 609/2001 as regards the implementation of certain provisions
for 2001 and amending Regulation (EC) No 412/97

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 2200/96 of 28
October 1996 on the common organisation of the market in
fruit and vegetables (1), as last amended by Commission Regu-
lation (EC) No 911/2001 (2), and in particular Article 48
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 609/2000 (3) lays down
detailed rules for the application of Council Regulation
(EC) No 2200/96 as regards operational programmes,
operational funds and Community financial assistance
and repeals Commission Regulation (EC) No 411/97 (4).

Article 11(4) of Regulation (EC) No 609/2001 sets a
latest date of 31 August for the payment of financial
assistance due to producer organisations. Annex II sets
the dates for information to be forwarded by Member
States to the Commission each year at 1 June and 1
October.

Article 14(2) of Regulation (EC) No 609/2001 fixes the
minimum sample of checks to be carried out each year
on producer organisations at 20 %.

represent additional administrative
These provisions
constraints for Member States in comparison with the
provisions of Regulation (EC) No 411/97: for the year
2001, the time available between the date of entry into
force of Regulation (EC) No 609/2001 of 2 April 2001,
and the deadlines for the implementation of provisions
of Articles 11(4), 14(2) and Annex II is less than would
be the case in a normal year of application.

In order to allow Member States to process the applica-
tions for financial assistance of producer organisations,
where this is difficult due to the aforementioned new
administrative constraints, it is appropriate to set a new
deadline of 15 October 2001 for the payment of finan-
cial assistance in application of Article 11(4) of Regula-

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 129, 11.5.2001, p. 3.
(3) OJ L 90, 30.3.2001, p. 4.
(4) OJ L 62, 4.3.1997, p. 9.

(6)

(7)

(8)

tion (EC) No 609/2001 relating to operational funds of
2000.

It is appropriate to set a new deadline of 31 October
2001 for information to be forwarded by Member States
to the Commission in application of Annex II of Regula-
information
tion (EC) No 609/2001 in respect of
concerning the year 2000.

It is appropriate to fix a level of 10 % for the minimum
sample of checks on producer organisations to be
carried out by Member States in application of Article
14(2) during the year 2001 in case, for administrative
reasons, Member States are not able to ensure the
correct and full

implementation of this provision.

Commission Regulation (EC) No 412/97 of 3 March
1997, laying down detailed rules for the application of
Council Regulation (EC) No 2200/96 as regards the
last
recognition of producer organisations (5),
amended by Regulation (EC) No 1493/97 (6), provides in
Article 9 that Member States shall submit an annual
report on producer organisations. This report has been
superseded by the reporting requirements of Regulation
(EC) No 609/2001 and is no longer required by the
Commission services for reporting requirements relative
to the year 2000 onwards.

as

(9)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Member States may postpone payments of financial assistance
to producer organisations in application of Article 11(4) of
Regulation (EC) No 609/2001 regarding operational funds of
the year 2000 until 15 October 2001 at the latest.

Article 2

Member States shall forward to the Commission the informa-
tion provided for in Annex II to Regulation (EC) No 609/2001
regarding the year 2000 at the latest on the 31 October 2001.

(5) OJ L 62, 4.3.1997, p. 16.
(6) OJ L 202, 30.7.1997, p. 32.

8.6.2001

EN

Official Journal of the European Communities

L 153/11

Member States shall carry out checks on producer organisations in application of Article 14(2) of
Regulation (EC) No 609/2001 in the year 2001 on at least 10 % of producer organisations and 30 % of
Community assistance.

Article 3

Article 9 of Regulation (EC) No 412/97 is repealed.

Article 4

Article 5

This Regulation shall enter into force on the third day following that of its publication in the Official Journal
of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 June 2001.

For the Commission

Franz FISCHLER

Member of the Commission