Commission Regulation (EC) No 2249/2004 of 27 December 2004 amending Regulation (EC) No 686/2004 laying down transitional measures concerning producer organisations in the market for fresh fruit and vegetables by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union
Date: 2004-12-27
Institutions: European Commission
Subjects: accession to the European Union, aid system, fruit, producer organisation, production aid, vegetable

28.12.2004

EN

Official Journal of the European Union

L 381/23

COMMISSION REGULATION (EC) No 2249/2004

of 27 December 2004

amending Regulation (EC) No 686/2004 laying down transitional measures concerning producer
organisations in the market for fresh fruit and vegetables by reason of the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the
European Union

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to the Treaty of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia,

(4)

(5)

It should be clarified that aid is due for the part of the
transitional operational programme that is carried out in
2004, but only for its actual length, calculated pro rata
from the day of its approval.

Regulation (EC) No 686/2004 should therefore be
amended accordingly.

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

Having regard to the Act of Accession of the Czech Republic,
Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland,
Slovenia and Slovakia, and in particular the first subparagraph
of Article 41 thereof,

HAS ADOPTED THIS REGULATION:

Whereas:

(1)

(2)

4

Article
(EC) No
of Commission Regulation
686/2004 (1) provides for the possibility of transitional
operational programmes for producer organisations in
the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,
Hungary, Malta, Poland, Slovenia and Slovakia.

regards operational

shall be
from 1 January

Article 16(1) of Commission Regulation (EC) No
1433/2003 of 11 August 2003 laying down detailed
rules for the application of Council Regulation (EC) No
2200/96 as
funds, operational
programmes and financial assistance (2) provides that
implemented in
operational programmes
annual periods
to 31
running
December. However, the implementation of operational
programmes can only commence after the competent
national authorities have approved them. Consequently,
the transitional operational programmes should be able
to have a duration of a few months in 2004, and a full
12-month-period in 2005. Provisions concerning the
calculation of the reference period and the aid due for
the transitional operational programmes should therefore
be provided for.

Article 1

In Regulation (EC) No 686/2004, Article 4 is amended as
follows:

1.

in paragraph 3, the following subparagraph is added:

‘By way of derogation from Article 16(1) of Regulation (EC)
No 1433/2003, in 2004, the operational programmes shall
run from their date of approval by the competent national
authorities until 31 December 2004.’

2. the following paragraph 4a is inserted:

‘4a.
By way of derogation from Article 4(1) of Regulation
(EC) No 1433/2003, for the application for aid for 2004, the
value of marketed production during the reference period
shall be multiplied by the number of days from the date
of
the operational programme to 31
December 2004 (both days included), and divided by 366.’

the approval of

Article 2

(1) OJ L 106, 15.4.2004, p. 10.
(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).

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

L 381/24

EN

Official Journal of the European Union

28.12.2004

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

Done at Brussels, 27 December 2004.

For the Commission

Mariann FISCHER BOEL
Member of the Commission