12.8.2003 Official Journal of the European Union L 203/25 COMMISSION REGULATION (EC) No 1433/2003 of 11 August 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, 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 Commission Regula- tion (EC) No 47/2003 (%), and in particular Article 48 thereof, Whereas: ) ) 0 In view of the experience gained during last years, it is necessary to amend 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 (°). In the interests of clarity and rationality it is appropriate to repeal and replace that Regulation. Article 15 of Regulation (EC) No 2200/96 provides for financial assistance to be granted to producer organisa- tions setting up an operational fund in accordance with certain rules and within certain limits. Article 16 of that Regulation lays down certain rules for the implementa- tion of operational programmes. 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 duplicate aid. 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 Regulation (EC) No 2201/96 on the common organisation of the markets in processed L 297,21.11.1996, p. 1. L 7,11.1.2003, p. 64. L 90, 30.3.2001, p. 4. ( ( ( ( 4 5 6 = ) O] ) O] ) O] ) O] fruit and vegetable products (*), as last amended by Commission Regulation (EC) No 453/2002 (), and Council Regulation (EC) No 2202/96 of 28 October 1996 introducing a Community aid scheme for produ- cers of certain citrus fruit (°), as last amended by Commission Regulation (EC) No 1933/2001 ('), 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 aid 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 insufficient data. To prevent misuse of the scheme, producer organisations should not be permitted to change reference periods within the duration of a programme. To ensure correct use of aid, rules should be laid down for the management of operational funds and members' financial contributions towards these funds. In particular it should be specified that the financial contributions of members of the producer organisation are based on the marketed production used to calculate the aid. Member States may authorise producer organisations to use their own funds and to set different levels of contributions, on condition that all producers contribute to and take advantage of the operational fund. 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. L 297, 21.11.1996, p. 29. L 72, 14.3.2002, p. 9. L 297, 21.11.1996, p. 49. L 262, 2.10.2001, p. 6.