# COMMISSION REGULATION (EC) No 222/2005

of 10 February 2005

amending Regulation (EC) No 1943/2003 as regards the exchange rate applicable for the implementation of aid to producer groups granted preliminary recognition in the fruit and vegetable sector

## Preamble

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 [^1] , and in particular Article 48 thereof,

Whereas:

**(1)** Article 3(2) of Commission Regulation (EC) No 1943/2003 of 3 November 2003 laying down rules for the application of Council Regulation (EC) No 2200/96 as regards aid to producer groups granted preliminary recognition [^2] sets the calculation parameters and the ceilings for the aid provided for in Article 14(2)(a) of Regulation (EC) No 2200/96. These parameters and ceilings are not prices or amounts which are either granted or collected. Articles 2 and 3 of Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro [^3] do not, therefore, apply to them.

**(2)** These parameters and ceilings apply to each of the aid instalments referred to in point (d) of the first subparagraph of Article 3(2) of Regulation (EC) No 1943/2003. To express them in the national currencies of the non-participating Member States within the meaning of Article 1 of Regulation (EC) No 2799/98, the exchange rates in force on the first day of the period for which the aid is granted should be used.

**(3)** Regulation (EC) No 1943/2003 should therefore be amended accordingly.

**(4)** The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fruit and Vegetables,

HAS ADOPTED THIS REGULATION:

## **Article 1**

The following paragraph 3 is hereby added to Article 3 of Regulation (EC) No 1943/2003:

‘3. The exchange rate applicable to the amounts in euro referred to in paragraph 2 shall be the rate most recently published by the European Central Bank prior to the first day of the period for which the aid in question is granted.’

## **Article 2**

This Regulation shall enter into force on the third day following its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 10 February 2005. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 297, 21.11.1996, p. 1](http://publications.europa.eu/resource/oj/JOL_1996_297_R_TOC) . Regulation as last amended by Commission Regulation (EC) No 47/2003 ( [OJ L 7, 11.1.2003, p. 64](http://publications.europa.eu/resource/oj/JOL_2003_007_R_TOC) ).

[^2] [OJ L 286, 4.11.2003, p. 5](http://publications.europa.eu/resource/oj/JOL_2003_286_R_TOC) . Regulation as amended by Regulation (EC) No 2113/2004 ( [OJ L 366, 11.12.2004, p. 10](http://publications.europa.eu/resource/oj/JOL_2004_366_R_TOC) ).

[^3] [OJ L 349, 24.12.1998, p. 1](http://publications.europa.eu/resource/oj/JOL_1998_349_R_TOC) .

[^1]: . Regulation as last amended by Commission Regulation (EC) No 47/2003 ().
[^2]: . Regulation as amended by Regulation (EC) No 2113/2004 ().
[^3]: .