L 26/26 Official Journal of the European Union 28.1.2012 COMMISSION IMPLEMENTING REGULATION (EU) No 72/2012 of 27 January 2012 amending and derogating from Implementing Regulation (EU) No 5432011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agri- cultural markets and on specific provisions for certain agri- cultural products (Single CMO Regulation) ('), and in particular Article 103h(b) in conjunction with Article 4 thereof, Whereas: S Implementing Regulation (EU) No 543/2011 should therefore be amended accordingly. The first subparagraph of Article 92(1) of Implementing Regulation (EU) No 543/2011 provides that requests to the Commission for the authorisation to grant national financial assistance for operational programmes to be implemented in any given calendar year are to be submitted by 31 January of that year. In order to allow the amended Article 91 of Implementing Regulation (EU) No 543/2011 to be applied in 2012, it is appropriate to provide for a derogation from the deadline provided for in the first subparagraph of Article 92(1) of that Imple- menting Regulation. Furthermore, a correction of requests sent before the entry into force of this Regu- lation should be provided for. (1) Regulation (EC) No 12342007 establishes a common organisation of agricultural markets which includes the o fruit and vegetables and processed fruit and vegetables (6)  In order to ensure that requests for authorisation to grant sectors. Article 103e(1) of Regulation (EC) No nat1onal.ﬁnanc1al assistance for operational programmes 1234/2007 provides that in regions of the Member to be implemented in 2012 can be submitted in States where the degree of organisation of producers in accorda.nce with the new rules, this R(f,gulatmn shou.ld the fruit and vegetable sector is particularly low, Member enter  Into force on the _ day following that of s States may be authorised by the Commission, on a duly pubhcat}on. However, Article 95(1) of -Implementmg substantiated request, to pay producer organisations Regulat19r1 (EU). No 5432011 also requires a request national financial assistance equal to a maximum of fOf Union re1mbursement to be accompan}ed by 80% of the financial contributions referred to in evidence showmg th_e degree  of organisation .Of Article 103b(1)(a) of that Regulation. producers in the region concerned. This Regulation should therefore be without prejudice to requests for Union reimbursement in accordance with Article 95(1) (2 Article 91(1) of Commission Implementing Regulation of Implementing Regulation (EU) No 543/2011 of (EU) No 543/2011 (?) provides that for the purposes of national  financial assistance authorised by the Article 103e(1) of Regulation (EC) No 1234/2007, the Commission before the date of entry into force of this degree of organisation of producers in a region of a Regulation. Member State is to be calculated as the value of fruit anq vegetable production that was ol?talped n th.e (7)  The measures provided for in this Regulation are in region and marketed by producer organisations, associ- J ih th - f the M ; ations of producer organisations and producer groups accordance fWIh ¢ opmion of  the ¢ ane}gefnenl divided by the total value of the fruit and vegetable Committee for the Common Organisation of Agricultura . . . . Markets, production that was obtained in that region. In order to ensure the correct use of the national assistance, it is appropriate to clarify the rules on the calculation of HAS ADOPTED THIS REGULATION: the degree of organisation. Article 1 (3)  Pursuant to the second subparagraph of Article 91(2) of . . Implementing Regulation (EI;J) 1§10 pS43/2011 a region is Amendment of Implementing Regulation (EU) No to be considered as a distinct part of the territory of a 543/2011 Member State, as a result of its administrative, Article 91 of Implementing Regulation (EU) No 5432011 is geographical or economic characteristics. For the replaced by the following: purposes of consistency and verifiability, it is appropriate to clarify the definition of a region and to lay down a minimum period of time during which changes to the "Article 91 fiefi.n.ition of a region are not allowed, unless objectively Degree of organisation of producers and definition of a justified. region () OJ L 299, 16.11.2007, p. 1 1. For the purposes of Article 103e(1) of Regulation (EC) () OJ L 157, 15.6.2011, p. 1. No 12342007, the degree of organisation of producers in a