Regulation (EC) No 2182/2002 is hereby amended as follows:

Article 15(1) is replaced by the following:

‘1. The beneficiaries of the measures referred to in Article 13 shall be producers of raw tobacco holding a tobacco production quota for the 2005 harvest in accordance with Article 24 of Regulation (EC) No 2848/98, located in a region to which Chapter 10c of Title IV of Council Regulation (EC) No 1782/2003 ( *1 ) applies and who undertake by 15 February 2006 at the latest to renounce their right to production aid for raw tobacco as provided for in that Chapter from the 2006 harvest.

Member States shall inform the Commission of the number of producers making such an undertaking and of the total quota volume concerned, broken down by group of varieties.

Beneficiaries may apply for assistance from the Fund for 2006 only.

( *1 ) OJ L 270, 21.10.2003, p. 1 .’ "

Article 16(2) is replaced by the following:

‘2. The total amount of Community assistance per producer for all of the measures referred to in Article 13 shall be as follows:

three times the amount of the 2005 premium for quantities of raw tobacco up to and including 10 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest;

twice the amount of the 2005 premium for quantities of raw tobacco between 10 and 40 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest;

the amount of the 2005 premium for quantities of raw tobacco above 40 tonnes to which the producer is entitled under Article 24 of Regulation (EC) No 2848/98 for the 2005 harvest.’

Article 17(2), (3) and (4) is replaced by the following:

‘2. Before 15 February 2006, in accordance with the procedure laid down in Article 23(2) of Regulation (EEC) No 2075/92, an indicative allocation between the Member States of financing under the Fund for the measures referred to in Articles 13 and 14 of this Regulation shall be drawn up based on the national guarantee thresholds fixed for the 2005 harvest.

3. Before 30 April 2006, the Member States shall draw up and notify to the Commission their projected financing plans for the measures for which assistance has been requested.

4. Where it is established, on the basis of the information referred to in paragraph 3, that part of the funding allocated to one or more Member States will not be committed due to a lack of applications for assistance, the Commission shall draw up, before 30 June 2006, a definitive allocation of this funding among Member States that have received applications for assistance for a total amount greater than their budget as determined in accordance with paragraph 2. This definitive allocation shall be in proportion to the indicative allocation drawn up in accordance with paragraph 2.’

The following paragraph 3 is added to Article 19:

‘3. Where an irregularity, other than failure to comply with the undertaking provided for in paragraph 1, is committed intentionally, the applicant for assistance under Articles 13 and 14 shall pay a penalty equal to the assistance applied for. That sum shall be credited to the European Agricultural Guidance and Guarantee Fund (EAGGF).’

Article 22(1) is replaced by the following:

‘1. The projects shall be carried out within two years of the date on which the Member State notifies the beneficiary that the project has been approved. However, Member States may extend the above time-limit to 30 months.’

COMMISSION REGULATION (EC) No 1881/2005 of 17 November 2005 amending Regulation (EC) No 2182/2002 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund