
Article 1 
Regulation (EC) No 1580/2007 is amended as follows:

1.. in Article 33 the following paragraph is added:
'Member States may adopt measures to restrict or prohibit the powers of a legal entity to modify, approve or reject decisions of a producer organisation where it is a clearly defined part of that legal entity.';
2.. Article 36(2) is amended as follows:

((a)) point (b) is deleted;
((b)) the following subparagraph is added:
'Member States may permit, restrict or prohibit their right to vote on decisions relating to operational programmes.';
3.. Article 49(1) is amended as follows:

((a)) points (a) and (b) are replaced by the following:
'
((a)) 75 % in the regions eligible under the Convergence Objective, and
((b)) 50 % in other regions.';
((b)) the following subparagraph is added:
'The remainder of the aid shall be paid as a flat-rate payment by the Member State. The aid application shall not be required to include evidence as to the use of the aid.';
4.. in Article 52, paragraph 5 is replaced by the following:
'
5. Only the production of the members of the producer organisation marketed by the producer organisation itself shall be counted in the value of marketed production. The production of the members of the producer organisation marketed by another producer organisation designated by their own organisation, pursuant to Article 125a(2)(b) and (c) of Council Regulation (EC) No 1234/2007 shall be counted in the value of marketed production of the second producer organisation.';
5.. in Article 60, paragraph 2 is amended as follows:

((a)) the third subparagraph is replaced by the following:
'Where relevant, and without prejudice to provisions of Articles 103a(3), 103d(1) and (3) and 103e of Regulation (EC) No 1234/2007 and Article 49 of this Regulation, the level of support for measures covered by this Regulation shall not exceed that applicable for the measures under the rural development programme.';
((b)) the following fifth subparagraph is added:
'The fourth subparagraph shall not apply to environmental actions which do not relate directly or indirectly to a particular parcel.';
6.. in Article 63(3), point (a) is replaced by the following:
'
((a)) the actions are fully financed from contributions of members of associations of producer organisations which are producer organisations, paid out of the operational funds of those producer organisations. However, the actions may be financed in a proportional amount to the contribution of member producer organisations, by members of associations of producer organisations which are not producer organisations pursuant to Article 36, on condition these members are producers or their cooperatives.';
7.. in Article 120, points (a), (b) and (c) ‘compensation’ is replaced by ‘Community contribution’;
8.. in Article 152, the following paragraphs are added:
'
9. By way of derogation from the third subparagraph of Article 65(2) of this Regulation, the Member States may, for duly justified reasons, take a decision on the 2009 operational programmes and funds by 1 March 2009 at the latest. The approval decision may stipulate that expenditure is eligible from 1 January 2009 onwards.
10. By way of derogation from Article 99(2) of this Regulation, Member States, who postponed decisions on the 2009 operational programmes, pursuant to the previous paragraph, shall communicate to the Commission by 31 January 2009 an estimate of the amount of the operational fund for the year 2009 for all operational programmes. This communication shall make clear both the total amount of the operational fund and also the total amount of Community financing of that operational fund. These figures shall be further broken down between amounts for crisis prevention and management measures and other measures.The Member States referred to in the previous subparagraph shall communicate to the Commission the final approved amount of the operational fund for the year 2009 for all operational programmes, including the breakdown as indicated above, by 15 March 2009.';
9.. Annexes VIII and XIII are amended as set out in the Annex to this Regulation.
Article 2 
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.
Points 4 and 6 of Article 1 shall apply from 1 January 2010.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 December 2008.
For the Commission
Mariann FISCHER BOEL
Member of the Commission
ANNEX

The Annexes to Regulation (EC) No 1580/2007 are amended as follows:

1.. In Annex VIII, the second subparagraph of point 15 is replaced by the following:
'Promotional material for generic promotion and promotion of quality labels shall bear the emblem of the European Community (in the case of visual media only) and include the following legend: “Campaign financed with the aid of the European Community”. Producer organisations, associations of producer organisations and those subsidiaries referred to in Article 52(7) shall not use the emblem of the European Community in promotion of their brands/trademarks.';
2.. Annex XIII is amended as follows:

((a)) point (a) of paragraph 1 is replaced by the following:
'
((a)) National legislation adopted in order to implement Section IVa of Chapter IV of Title I and Section IA of Chapter II of Title II of Part II of Regulation (EC) No 1234/2007, including the national strategy for sustainable operational programmes applicable to operational programmes implemented on the year being reported on.';
((b)) the sixth indent of point (a) of paragraph 2 is replaced by the following:
'
— information on the volume of products withdrawn broken down by products and by months and between total volumes withdrawn from the market and volumes disposed of by way of free distribution, expressed in tonnes,'.
