Commission Regulation (EC) No 2190/2004 of 20 December 2004 amending Regulation (EC) No 1433/2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial assistance
Date: 2004-12-20
Institutions: European Commission
Subjects: EU financing arrangements, operational programme, producer organisation

21.12.2004

EN

Official Journal of the European Union

L 373/21

COMMISSION REGULATION (EC) No 2190/2004

of 20 December 2004

amending Regulation (EC) No 1433/2003 laying down detailed rules for the application of Council
Regulation (EC) No 2200/96 as regards operational funds, operational programmes and financial
assistance

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article 48 thereof,

Whereas:

(1)

(2)

(3)

(4)

11

of Commission Regulation

(EC) No
Article
1433/2003 (2) provides
that producer organisations
already recognised are
their operational
to submit
programmes to the competent national authority for
approval.

to

allowed

Producer groups applying for recognition under Article
11(2) of Regulation (EC) No 2200/96 should also be
explicitly
operational
programmes at the same time. Those programmes may
not be approved unless the producer organisation in
question has been recognised by the national authority
no later than the final date laid down in Article 13(2) of
Regulation (EC) No 1433/2003.

submit

their

Articles 13 and 14 of Regulation (EC) No 1433/2003
provide that the competent national authority is to take
decisions on programmes and funds or amendments
thereto, following submission by the producer organi-
sations in accordance with Articles 11 and 14 of that
Regulation, no later than the final date of 15 December.
In view of the experience gained over the last few years,
as a result of administrative overload, some Member
States are unable to examine all
the programmes or
take decisions on them by that date.

Instead of applying systematic derogations, and in order
not to harm traders and to allow the national authorities
to continue examining applications, the Member States
should be allowed, for duly justified reasons, to postpone
the final date of 15 December to 20 January of the year
in which the application is submitted.
following that

(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by
Commission Regulation (EC) No 47/2003 (OJ L 7, 11.1.2003, p.
64).

(2) OJ L 203, 12.8.2003, p. 25. Regulation as last amended by Regu-

lation (EC) No 1813/2004 (OJ L 319, 20.10.2004, p. 5).

Member States should be able to allow expenditure to
be eligible from 1 January of the year following the
application.

Regulation (EC) No 1433/2003 should be amended
accordingly.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Fresh Fruit and Vegetables,

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1433/2003 is hereby amended as follows:

1. the following paragraph is added to Article 11:

‘Producer groups applying for recognition as producer orga-
nisations under Article 11(2) of Regulation (EC) No 2200/96
may at the same time submit the operational programmes
referred to in the first paragraph for approval. Approval of
those programmes shall be subject to obtainment of recog-
nition no later than the final date laid down in Article
13(2).’;

2. the following subparagraph is added to Article 13(2):

‘However, for duly justified reasons, Member States may take
a decision on operational programmes and funds not later
than 20 January following the date of the application. The
approval decision may stipulate that expenditure is eligible
from 1 January of the year following the application.’;

3. the following subparagraph is added to Article 14(3):

‘However, for duly justified reasons, Member States may take
a decision on amendments to operational programmes not
later than 20 January following the date of the application.
The approval decision may stipulate that expenditure is
eligible from 1 January of
the year following the appli-
cation.’;

L 373/22

EN

Official Journal of the European Union

21.12.2004

4. the following subparagraph is added to Article 16(2):

‘Where Article 13(2) or Article 14(3) are applied, and
notwithstanding the first and second subparagraphs,
the
implementation of operational programmes approved in
accordance with these provisions shall commence not later
than 31 January following their approval.’;

shall give notification of the approved amount of aid not
later than 20 January.

Member States shall communicate to the Commission not
later than 31 January the total amount of aid approved for
all operational programmes.’

5. the third paragraph of Article 17 is

replaced by the

Article 2

following:

‘Where Article 13(2) or Article 14(3) are applied, and
notwithstanding the second subparagraph, Member States

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 20 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission