Council Regulation (EC) No 2200/96 (repealed)Show full title

Article 11 U.K.

1. For the purposes of this Regulation, ‘producer organization’ means any legal entity:

(a) which is formed on the own initiative of growers of the following categories of product listed in Article 1 (2):

(i)

fruit and vegetables

(ii)

fruit

(iii)

vegetables

(iv)

products intended for processing

(v)

citrus fruit

(vi)

nuts

(vii)

mushrooms;

(b) which has in particular the aim of:

(1)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(2)

promoting concentration of supply and the placing on the market of the products produced by its members;

(3)

reducing production costs and stabilizing producer prices;

(4)

promoting the use of cultivation practices, production techniques and environmentally sound waste-management practices in particular to protect the quality of water, soil and landscape and preserve and/or encourage biodiversity;

(c) the rules of association of which require its producer members, in particular, to:

(1)

apply the rules adopted by the producer organization relating to production reporting, production itself, marketing and protection of the environment;

(2)

belong to only one of the producer organizations referred to in point (a) in respect of a given holdings production of one of the categories of product listed in point (a);

(3)

market their entire production concerned through the producer organization.

However, where the producer organization so authorizes and in compliance with the terms and conditions it lays down, the producer members may:

• sell not more than 25 % of their production if they are members of fruit and vegetable producer organizations as referred to in point (a) (i) and not more than 20 % of their production if they are members of other types of producer organization directly [F1 on their holdings and/or outside their holdings] to consumers for their personal needs, and furthermore;

• market themselves or through another producer organization designated by their own organization, quantities of products which are marginal in relation to the volumes marketable by their organization;

• market through another producer organization designated by their own organization products which, because of their characteristics, are not normally covered by the commercial activities of the organization concerned;

• in accordance with the procedure laid down in Article 46 be authorized for certain products to conclude by way of derogation direct contracts with processing undertakings degressively and for a transitional period until 31 December 1999;

(4)

provide the information requested by the producer organization for statistical purposes, in particular on growing areas, quantities cropped, yields and direct sales;

(5)

to pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 15;

(d) the rules of association of which provide for:

(1)

procedures for determining, adopting and amending the rules referred to in point (c) (1);

(2)

the imposition on members of financial contributions needed to finance the producer organization;

(3)

rules enabling the producer members democratically to scrutinize their organization and its decisions;

(4)

penalties for infringement of obligations under the rules of association, particularly non-payment of financial contributions, or of the rules laid down by the producer organization;

(5)

rules on the admission of new members, particularly a minimum membership period; and

(6)

the accounting and budgetary rules necessary for the operation of the organization;

(e) which has been recognized by the Member State concerned pursuant to paragraph 2.

2. Member States shall recognize as producer organizations for the purposes of this Regulation all producer groups applying for such recognition, on condition that:

(a) they meet the requirements laid down in paragraph 1 and provide the relevant evidence, including proof that they have a minimum number of members and cover a minimum volume of marketable production, to be determined in accordance with the procedure laid down in Article 45;

(b) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness;

(c) they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices;

(d) they effectively provide their members with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities.

3. Member States may also recognize as producer organizations for the purposes of this Regulation producer organizations other than those referred to in paragraph 1 (a) existing before the entry into force of this Regulation and recognized under Regulation No 1035/72 before the date of application of this Regulation.

Where pursuant to the previous subparagraph Member States recognize those producer organizations, the requirements laid down in paragraph 1, except for paragraph 1 (a), and, if appropriate, paragraph 1 (c) (2), and in paragraph 2 shall apply.

Textual Amendments

F1 Substituted by Council Regulation (EC) No 857/1999 of 22 April 1999 amending Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables.