9.9.1999 Official Journal of the European Communities L 238/11 COMMISSION REGULATION (EC) No 1923/1999 of 8 September 1999 amending Regulation (EC) No 411/97 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards operational programmes, operational funds and Community 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 Regulation (EC) No 1257/1999 (3) and in particular Article 48 thereof, 1) Slelrlslewe Leeeeee Whereas Commission Regulation (EC) No 411/97 (), as last amended by Regulation (EC) No 1013/1999 (¥) lays down detailed rules for operational programmes, opera- tional funds and Community financial assistance; Whereas the factors comprising production marketed by producer organisations should be amended to exclude quantities relating to direct sales because the latter do not involve activity on the part of the producer organ- isation and are very difficult to monitor; Whereas, in order to allow producer organisations to draw up their operational programmes on the basis of actual data and taking account of experience gained, the reference period for establishing the value of production marketed by producer organisations should be post- poned so as to avoid the establishment of an estimated operational fund requiring updating; whereas in order to guarantee the maximum flexibility taking account of national needs a time limit should be set for postpone- ment of the reference period with Member States given the responsibility of choosing an earlier twelve-month period if need be; whereas, in addition, to guarantee equal treatment for all products intended for processing eligible for an aid system under Council Regulations (EC) No 2201/96 on the common organisation of the market in products processed from fruit and vegetables (%), as amended by Regulation (EC) No 2199/97 (°), and No 2202/96 of 28 October 1996 introducing a Community aid scheme for producers of certain citrus fruit (), the aid referred to in Article 1 of Regulation (EC) No 2202/ 96 received by producer organisations should be added to the value of marketed production of citrus fruit; Whereas the Annex to Regulation (EC) No 411/97 should be amended so as to stipulate that investments by producer organisations for the processing of fruit and L 297, 21.11.1996, p. 1. L 160, 26.6.1999, p. 80. L 62, 43.1997, p. 9. L 123, 13.5.1999, p. 42. L 297, 21.11.1996, p. 29. L 303, 6.11.1997, p. 1. L 297, 21.11.1996, p. 49. vegetables are excluded from financing under opera- tional programmes while specifying that certain opera- tions preparing products for processing traditionally carned out by farmers are not to be considered as processing; Whereas, to take account of experience gained, certain adjustments should be made to the rules on applications for and the payment of Community financial assistance and on penalties; Whereas amendments having a direct impact on the preparation and content of operational programmes must be made to apply to the next annual period for the application of operational programmes, which starts on 1 January 2000; whereas, however, it is necessary to grant Member States the possibility of retaining programmes approved before the entry into force of this Regulation if adjusting them would be inappropriate given their state of advancement; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 411/97 is hereby amended as follows: 1. In Article 2, paragraph 4 is replaced by the following: ‘4. For the purposes of this Regulation, “marketed production” means the products of members of producer organisations for which the latter are recognised, disposed of under the conditions laid down in the first and second subparagraphs of Article 11(1)(c)(3), with the exception of the first indent thereof, of Regulation (EC) No 2200/96. The first subparagraph of Article 2(5) is replaced by the following: ‘5. For the purpose of applying the third subparagraph of Article 15(5) of Regulation (EC) No 2200/96, the ceiling on financial assistance shall be calculated on the basis of the value of marketed production during a one-year refer- ence period to be determined by the Member States. That