L 90/4 Official Journal of the European Communities 30.3.2001 COMMISSION REGULATION (EC) No 609/2001 of 28 March 2001 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes, operational funds and Community financial assistance, and repealing Regulation (EC) No 411/97 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables ('), as last amended by Regulation (EC) No 2826/2000 (3, and in particular Article 48 thereof, Where as: Article 15 of Regulation (EC) No 2200/96 provides for financial assistance to be granted to producer organ- isations setting up an operational fund in accordance with certain rules and within certain limits. Article 13 grants financial assistance to existing producer organ- isations needing a transitional period in order to qualify for recognition. Article 16 lays down certain rules for the implementation of operational programmes, and action plans in the case of producer organisations recog- nised under Article 13. Detailed rules should be laid down for the application of those provisions. So as to promote regrouping of supply and facilitate the implementation of certain measures within operational programmes, producer organisations should be able to confer the partial or total implementation of actions in their operational programme to a recognised association of producer organisations. However, specific provisions are necessary in order to avoid abuses or double financing. To facilitate the use of the scheme, the marketed produc- tion of producer organisations should be clearly defined, including the specification of the eligibility of product and the marketing stage at which the value of produc- tion is to be calculated. To guarantee equal treatment for all products intended for processing eligible for an aid system under Council Regulations (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetables (*), as last amended by Regulation (EC) No 2699/2000 (¥, and (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus 297, 21.11.1996, p. 1. 328, 23.12.2000, p. 2. , 21.11.1996, p. 29. 311, 12.12.2000, p. 9. fruits (°), as last amended by Regulation (EC) No 2699/ 2000, the aid referred to in Article 2 of Regulation (EC) No 2201/96 and Article 1 of Regulation (EC) No 2202/ 96 should be added to the appropriate value of marketed production. For consistency, the ceilings on Community financial assistance should be calculated on the basis of the value of production marketed during a 12-month period. To ensure flexibility of this system for operators, Member States may define limited options for calculating this 12-month period; additional methods of calculation of marketable production should also be made possible in case of yearly fluctuations or insuffi- cient data. To prevent misuse of the scheme, producer organisations should not be permitted to change refer- ence periods within the duration of a programme. To ensure correct use of Community funds, rules must be laid down for the management of operational funds and members' financial contributions towards these funds. In particular it should be specified that the finan- cial contributions of members of the producer organ- isation are based on the marketed production used to calculate the Community financial assistance. Different levels of contributions may be set to take into account different levels of participation in an operational programme by different groups of members, on condi- tion that the collective nature of the operational programme is not weakened. In the interests of sound management, procedures for the presentation and approval of operational programmes, including deadlines, should be laid down so as to enable the adequate evaluation of the informa- tion by the competent authorities, and measures and activities to be included in or excluded from the programmes. Since the programmes are managed on an annual basis, it should be stipulated that programmes not approved before a given date should be postponed for one year. There should be an annual procedure for amending operational programmes for the following year, so that they can be adjusted to take account of any new condi- tions which could not have been foreseen when they were initially presented. In addition, it must be possible for measures to be changed within the year of execution of a programme. All such changes should be subject to certain limits and conditions, to be defined by Member States and including obligatory notification of changes to the competent authorities, to ensure the approved programmes maintain their overall objectives. () O] L 297, 21.11.1996, p. 49.