Commission Regulation (EC) No 1580/2007 (repealed)Show full title

Article 152 U.K. Transitional provisions

1. Notwithstanding Article 2 of this Regulation, solely for the purposes of the application of Article 55(1) of Regulation (EC) No 1182/2007, the definitions of marketing years for the products listed in Article 1(2) of Regulation (EC) No 2201/96, existing before the entry into force of this Regulation shall apply.

2. The rules for the approval of all operational programmes submitted in 2007 shall be those applicable immediately prior to the date of application of this Regulation.

Operational programmes to which benefit from point (a) of Article 55(3) of Regulation (EC) No 1182/2007 may continue to run until their end provided they comply with the rules applicable prior to the date of application of this Regulation.

By way of derogation from Articles 66 and 67 of this Regulation, Member States may adopt any necessary provisions to permit producer organisations to amend their operational programmes as soon as possible after the entry into force of this Regulation in order to apply points (b) and (c) of Article 55(3) of Regulation (EC) No 1182/2007.

[F1 Member States may provide that the expenditure on one or more of the crisis prevention and management measures on market withdrawal, promotion and communication and training which are carried out in 2008 by a producer organisation shall be eligible even if the operational programme has not yet been amended to cover the measures concerned. In order for such expenditure to be eligible:

(a) the Member State shall ensure that its national strategy adopted in 2008 in accordance with this Regulation covers the measures concerned,

(b) in 2008 the operational programme shall be amended in accordance with this Regulation to cover the measures concerned before an application is made for payment of the related aid; and

(c) the measures and any checks on those measures shall comply with this Regulation.

Member States may provide that an amendment to a measure in an existing operational programme made under Article 55(3)(b) of Regulation (EC) No 1182/2007 covers the expenditure on operations which are carried out in 2008 even before that amendment is made, provided that the requirements of points (a), (b) and (c) of the fourth subparagraph are respected.]

3. For the purposes of Article 55(6) of Regulation (EC) No 1182/2007, the rules on the minimum characteristics of the raw material supplied for processing and minimum quality requirements for finished products which shall remain applicable in respect of the raw materials harvested in the territory of Member States which make use of the transitional arrangement under Article 68b or Article 143bc of Regulation (EC) No 1782/2003 shall be, in addition to any relevant marketing standards as referred to in Article 2 of Regulation (EC) No 1182/2007, those contained in the Commission Regulations listed in Annex XVIII.

[F2 4. By way of derogation from Article 47(2) of this Regulation, producers groups which are implementing recognition plans to which Article 55(4) of Regulation (EC) No 1182/2007 applies and which are not broken into semestrial periods may submit applications for aid covering semestrial periods. Such applications may cover only semestrial periods corresponding to the yearly segments which started before 2008.

5. By way of derogation from Article 96, in respect of operational programmes implemented in 2007, additional financial assistance to operational funds shall be financed by EAGF at a level of 50 % of the financial assistance granted to the producer organisation.

6. Recognition plans accepted under Regulation (EC) No 2200/96 which continue to benefit from acceptance pursuant to Article 55(4) of Regulation (EC) No 1182/2007 for producer groups not in Member States which acceded to the Community on 1 May 2004 or after that date and not in the outermost regions of the Community as referred to in Article 299(2) of the Treaty or in the smaller Aegean islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006 shall be financed at the rates set out in Article 7(5)(b) of Regulation (EC) No 1182/2007.

Recognition plans accepted under Regulation (EC) No 2200/96 which benefitted from Article 14(7) of that Regulation and continue to benefit from acceptance pursuant to Article 55(4) of Regulation (EC) No 1182/2007 shall be financed at the rates set out in Article 7(5)(a) of Regulation (EC) No 1182/2007.

7. Payments of Community withdrawal compensation and related checks which concern 2007 withdrawals but which were not yet made by 31 December 2007 may nevertheless be made after that date in accordance with Title IV of Regulation (EC) No 2200/96 as it existed at that date.

8. Where, in respect of an application for aid submitted for operational programmes implemented in 2007 or before, and in relation to acts or omissions which occurred in that period, a sanction would apply under Section 3 of Chapter V of Title III but a less severe sanction or no sanction would have applied under the legislation in force at the time, then that less severe sanction, or as the case may be, no sanction, shall apply.]

[F3 9. By way of derogation from the third subparagraph of Article 65(2) of this Regulation, the Member States may, for duly justified reasons, take a decision on the 2009 operational programmes and funds by 1 March 2009 at the latest. The approval decision may stipulate that expenditure is eligible from 1 January 2009 onwards.

10. By way of derogation from Article 99(2) of this Regulation, Member States, who postponed decisions on the 2009 operational programmes, pursuant to the previous paragraph, shall communicate to the Commission by 31 January 2009 an estimate of the amount of the operational fund for the year 2009 for all operational programmes. This communication shall make clear both the total amount of the operational fund and also the total amount of Community financing of that operational fund. These figures shall be further broken down between amounts for crisis prevention and management measures and other measures.

The Member States referred to in the previous subparagraph shall communicate to the Commission the final approved amount of the operational fund for the year 2009 for all operational programmes, including the breakdown as indicated above, by 15 March 2009 .]

[F4 11. By way of derogation from Article 44(1) of this Regulation, the calculation of value of marketed production of the producer groups referred to in Article 203a(4) of Regulation (EC) No 1234/2007 shall for the sales realised in 2007, 2008 and 2009 include aids received on the basis of Commission Regulations (EC) No 1621/1999 (1) , (EC) No 1622/1999 (2) , (EC) No 1535/2003 (3) and (EC) No 2111/2003 (4) .

As regards producer groups in Member States which acceded to the European Union on 1 May 2004 or thereafter with annual segments of recognition plans that started in 2007 and end in 2008, the annual support referred to in Article 103a(1)(a) of Regulation (EC) No 1234/2007 is calculated as the sum of the value of sales invoiced in the relevant part of 2007 multiplied by the rate relevant for the annual segment considered and the value of sales invoiced in 2008 multiplied by the new rate relevant for the annual segment considered.

12. By way of derogation from Article 47(1) of this Regulation, the producer groups referred to in Article 203a(4) of 1234/2007 may submit a separate application for the aid referred to in Article 103a(1)(a) of that Regulation for the processing aids received on the basis of Regulations (EC) No 1621/1999, (EC) No 1622/1999, (EC) No 1535/2003and (EC) No 2111/2003 for marketing years 2006/2007 and 2007/2008 if they were not taken into account in earlier applications.

13. By way of derogation from Article 53 of this Regulation, where producer organisations have produced culinary herbs that are listed in Part IX of Annex I to Regulation (EC) No 1234/2007, namely saffron; thyme, fresh or chilled; basil; melissa; mint; origanum vulgare (oregano/wild marjoram); rosemary and sage, fresh or chilled, in 2008 and 2009, the value of the marketed production for those products for operational programmes implemented in those years shall be calculated as the actual value of the marketed production for the 12 month-period in which the operational programme was implemented.]

Textual Amendments

F1 Inserted by 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.

F2 Inserted by Commission Regulation (EC) No 590/2008 of 23 June 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 and derogating from that Regulation.

F3 Inserted by Commission Regulation (EC) No 1327/2008 of 19 December 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.

F4 Inserted by Commission Regulation (EC) No 441/2009 of 27 May 2009 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.

(1)

[F4 OJ L 192, 24.7.1999, p. 21 .

(2)

OJ L 192, 24.7.1999, p. 33 .

(3)

OJ L 218, 30.8.2003, p. 14 .

(4)

OJ L 317, 2.12.2003, p. 5 .]

Textual Amendments

F4 Inserted by Commission Regulation (EC) No 441/2009 of 27 May 2009 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.