Commission Regulation (EC) No 1767/2004 (repealed)Show full title

Article 1

Regulation (EC) No 2318/2001 is amended as follows:

1.

In the title the words ‘laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the recognition of producer organisations in the fishery and aquaculture sector’ are replaced by the following:

‘laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the recognition of producer organisations and associations of producer organisations in the fishery and aquaculture sector.’

2.

Article 2 is replaced by the following:

‘Article 2

1. A Member State may grant recognition to an association of producer organisations recognised in that Member State only on condition that:

(a) it comprises a minimum proportion of the total number of producer organisations recognised by the Member State concerned in a given branch; and

(b) the value of the production marketed by the association represents at least 20 % of the value of national production in that branch.

2. A Member State may grant recognition to an association of producer organisations recognised in different Member States, on condition that:

(a) the association has its official headquarters on the territory of that Member State;

(b) the value of the production marketed by the association represents a minimum proportion of the production of a certain fishery product in a given area;

(c) the producer organisations forming the association deal with the fishing, production and marketing of jointly exploited fishery resources; and

(d) the association performs its tasks without prejudice to the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 20 of Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy(1).

3. The Member State hosting the official headquarters of the association shall set up, in collaboration with the other Member States concerned, the administrative cooperation needed to ensure that the conditions for recognition are respected and to carry out checks on the activities of the association. Such administrative cooperation shall also cover the withdrawal of recognition.

4. An association of producer organisations may not hold a dominant position on a given market unless necessary in pursuance of the goals of Article 33 of the Treaty.

5. Articles 3, 4, 5, 6 and 7 of Regulation (EC) No 2318/2001 shall apply mutatis mutandis to the associations of producer organisations recognised in one and more than one Member State.

6. Article 2(2) of Commission Regulation (EC) No 908/2000 shall not apply to the associations of producer organisations recognised in different Member States.’

(1)

OJ L 358, 31.12.2002, p. 59.