Commission Regulation (EC) No 292/2008 of 1 April 2008 amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector

2.4.2008 EN Official Journal of the European Union L 90/3
COMMISSION REGULATION (EC) No 292/2008
of 1 April 2008
amending Regulation (EC) No 1580/2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific rules as regards the fruit and vegetable sector, amending Directives 2001/112/EC and 2001/113/EC and Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/2003 and (EC) No 318/2006 and repealing Regulation (EC) No 2202/96 (1), and in particular Article 42(a), (b) and (j) thereof,
Whereas:
(1) The first subparagraph of Article 80(2) of Commission Regulation (EC) No 1580/2007 (2) provides for a limit on market withdrawals as a proportion of the volume of marketed production of any given product in any given producer organisation. In the interests of promoting free distribution as a destination for such withdrawals, that limit should not include products sent for free distribution.
(2) The third subparagraph of Article 80(2) provides for a 3 % margin of error in calculating the volume of marketed production. This terminology might be seen as misleading and in the interests of clarity the provision should instead refer to a 3 % margin of overrun.
(3) Article 55(3) of Regulation (EC) No 1182/2007 provides that operational programmes approved before 31 December 2007 may be modified to meet the requirements of that Regulation. However, such modifications require the Member State concerned to adopt a national strategy under that Regulation, which may take some time in 2008.
(4) Market withdrawals under Council Regulation (EC) No 2200/96 (3) may not be carried out after 31 December 2007, following the modifications made to that Regulation by Regulation (EC) No 1182/2007.
(5) It is also desirable to allow for the rapid introduction in 2008 of the new crisis prevention and management measures where this is administratively practicable and for which appropriate checks may be carried out, namely those on promotion and communication and training.
(6) Therefore, in order to allow for a smooth transition between the regimes governed by Regulations (EC) No 2200/96 and (EC) No 1182/2007, for rapid implementation of those new crisis prevention and management measures, and to avoid any unnecessary interruption of market withdrawal measures, it is necessary to permit Member States to make expenditure on such measures carried out from 1 January 2008 eligible, even where an operation under a measure is carried out before the operational programme concerned has been amended to cover it. For similar reasons Member States should be permitted to allow amendments to measures in existing programmes under Article 55(3) of Regulation (EC) No 1182/2007 to cover expenditure carried out from 1 January 2008.
(7) In the interests of good management the operation should otherwise respect the requirements of Regulation (EC) No 1580/2007 and the national strategy and operational programme should be subsequently amended to cover that measure before an application is made for payment of the related aid.
(8) Regulation (EC) No 1580/2007 should therefore be amended accordingly.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,