L 24/10 Official Journal of the European Communities 26.1.2001 COMMISSION REGULATION (EC) No 150/2001 of 25 January 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the penalties to be applied to producer organisations in the fisheries sector for irregularity of the intervention mechanism and amending Regulation (EC) No 142/98 THE COMMISSION OF THE EUROPEAN COMMUNITIES, (7)  The measures provided for in this Regulation are in Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the market in fishery and aquaculture products ('), and in particular Articles 21(8), 23(5), 24(8), 25(6), and 27(6) thereof, Whereas: (1)  Regulation (EC) No 104/2000, which repealed Council Regulation (EEC) No 3759/92 (3 with effect from 1 January 2001, provides for a number of intervention mechanisms available to producer organisations. Penal- ties for irregularities to these intervention mechanisms need to be established by the Community in order to deter fraud and to ensure the fair treatment of producer organisations between Member States. (2)  Council Regulation (EC, Euratom) No 2988/95 (%) provides for a framework for homogenous checks and administrative measures and penalties concerning irregu- larities with regard to Community law. (3)  The types of irregularity targeted by this Regulation should be defined. (4)  The penalties applied should be proportionate to the irregularity and should be based on objective and verifi- able criteria. In order to ensure that the degree of responsibility is taken into account, intentional irregular- ities or those caused by serious negligence should incur more severe penalties. For irregularities of limited finan- cial consequence, producer organisations should not be penalised by complete withdrawal of entitlement to aid but merely by a proportionate reduction. (5)  The Commission should be informed of the irregularities of the intervention mechanisms in order to ensure that the correct amounts are reimbursed to the Community budget. (6)  Since the penalties provided for in Commission Regula- tion (EC) No 14298 of 21 January 1998 laying down detailed rules for granting the compensatory allowance for tuna intended for the processing industry (*) have been incorporated into this Regulation, it is appropriate to amend Regulation (EC) No 142/98 accordingly. () O] L 17, 21.1.2000, p. 22. () O] L 388, 31.12.1992, p. 1. () O] L 312, 23.12.1995, p. 1. () O] L 17, 22.1.1998, p. 8. accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION: Article 1 This Regulation establishes the penalties for irregularities to Articles 21, 23, 24, 25 and 27 of Regulation (EC) No 104/ 2000 setting out the intervention mechanisms of financial compensation for withdrawals, carry-over aid, independent withdrawals and carry-over, private storage aid and the tuna compensatory allowance (hereinafter referred to as ‘the inter- vention mechanisms’). Article 2 For the purposes of this Regulation, the following definitions shall apply: (a) the ‘economic operator’ mentioned in Article 1(2) of Regu- lation (EC, Euratom) No 2988/95 means a producer organ- isation or one of its members; (b) ‘intervention price’ means one of the following prices according to the intervention mechanism used: (i) the withdrawal price fixed in accordance with Article 20 of Regulation (EC) No 104/2000; (ii) the Community selling price fixed in accordance with Articles 22 and 25 of Regulation (EC) No 104/2000; (ili) the autonomous withdrawal price fixed in accordance with Article 24 of Regulation (EC) No 104/2000; (iv) the triggering threshold set out in Article 27 of Regula- tion (EC) No 104/2000. Article 3 1. Where an irregularity involves amounts of less than 5 % of the annual aid received by the organisation for that mecha- nism, the Member State shall retain an amount up to 20 % of the intervention price applicable to the quantities of product concerned depending on the seriousness in financial terms of the infringement. 2. Where an irregularity involves amounts of between 5 % and 10 % of the annual aid received by the organisation for that mechanism, the Member State shall retain an amount between 30 % and 50 % of the intervention price applicable to the quantities of product concerned depending on the serious- ness in financial terms of the infringement.