Commission Regulation (EC) No 211/2006 of  7 February 2006  derogating from 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: 2006-02-07
Institutions: European Commission
Subjects: derogation from EU law, financial aid, fund (EU), operational programme, producer organisation

L 36/36

EN

Official Journal of the European Union

8.2.2006

COMMISSION REGULATION (EC) No 211/2006

of 7 February 2006

derogating from 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,

HAS ADOPTED THIS REGULATION:

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)

Articles 13 and 14 of Commission Regulation (EC) No
1433/2003 (2) set as 15 December the final date by
to take
which the competent national authority is
decisions on programmes and funds, and amendments
thereto,
following submissions by the
producer organisations in accordance with Articles 11
that Regulation. However,
and 14 of
the Member
the 15
for duly justified reasons, defer
States may,
December deadline to 20 January of the year following
that in which the application is submitted.

respectively,

In view of the administrative complexity of this task,
even using the option of deferring the deadline until
20 January, some Member States have been unable to
meet their obligation to take decisions on applications
for the current year by that date. For 2006, therefore,
provision should be made for derogations from certain
provisions of Regulation (EC) No 1433/2003.

Article 1

Notwithstanding Article 13(2) of Regulation (EC) No
1.
for operational programmes for the year 2006
1433/2003,
for duly justified reasons, take a
only, Member States may,
decision on operational programmes and funds not later than
10 February following the date of the application.

Notwithstanding Article 14(3) of Regulation (EC) No
2.
for operational programmes for the year 2006
1433/2003,
only, Member States may,
for duly justified reasons, take a
decision on applications to amend operational programmes
not later than 10 February following the date of the application.

Notwithstanding Article 16(2) of Regulation (EC) No
3.
for operational programmes for the year 2006
1433/2003,
only,
programmes
implementation
the
approved in accordance with the derogations provided for in
paragraphs 1 or 2 of this Article shall commence not later than
15 February following their approval.

operational

of

Notwithstanding Article 17 of Regulation (EC) No
4.
for operational programmes for the year 2006
1433/2003,
only,
the Member States, where they apply the derogations
provided for in paragraphs 1 or 2 of this Article, shall notify
the producer organisations on 10 February at the latest of the
approved amount of aid and shall communicate to the
Commission not later than 15 February the total amount of
aid approved for all operational programmes.

Article 2

(3)

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

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 7 February 2006.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(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 2190/2004 (OJ L 373, 21.12.2004, p. 21).