Article 4 Operational programmes

A producer organisation of a new Member State, recognised before 1 May 2004 in accordance with national legislation, may submit an operational programme, for a period ending 31 December 2005 at the latest, for approval before 30 June 2004. Such applications shall be accompanied by an undertaking from the organisation to submit a new operational programme on 15 September 2005 at the latest. Operational programmes shall indicate the estimated amounts of operating funds as provided for in Article 7 of Regulation (EC) No 1433/2003, based on a reference period determined pursuant to Article 4 of that Regulation, and contain the information referred to in Articles 8 and 9 of that Regulation.

Within three months from the submission of the application referred to in paragraph 1, the competent national authorities shall take a decision on the operational programmes submitted.

However, operational programmes shall not be approved unless a positive decision, as referred to in Article 2(1), has been notified to the producer organisations concerned.

The competent national authorities shall notify the producer organisations of their decisions approving operational programmes. Implementation of operational programmes may commence only after the competent national authorities have approved them.

F1By way of derogation from Article 16(1) of Regulation (EC) No 1433/2003, in 2004, the operational programmes shall run from their date of approval by the competent national authorities until 31 December 2004 .

Subject to Articles 18, 20 and 21 of Regulation (EC) No 1433/2003, producer organisations may apply for aid to their operational programme.

However, the relevant new Member State shall bear the financial responsibilities resulting from the use of aid received in 2004 and 2005 in violation of Article 6 or 8 of Regulation (EC) No 1433/2003.

By way of derogation from Article 4(1) of Regulation (EC) No 1433/2003, for the application for aid for 2004, the value of marketed production during the reference period shall be multiplied by the number of days from the date of the approval of the operational programme to 31 December 2004 (both days included), and divided by 366.

Subject to Article 7 of Regulation (EC) No 103/2004, producer organisations recognised before 1 May 2004 in accordance with national legislation may apply for Community withdrawal compensation.

However, the new Member State concerned shall bear the financial responsibilities resulting from the notification of a negative decision, as referred to in Article 2(1).