Commission Implementing Regulation (EU) No 543/2011Show full title

CHAPTER VI Extension of rules to producers of an economic area

Article 128 Notification of list of economic areas

The notification of the list of economic areas referred to in the second subparagraph of Article 125f(2) of Regulation (EC) No 1234/2007 shall include all the information needed to assess whether the conditions laid down in the first subparagraph of Article 125f(2) of that Regulation have been complied with.

Article 129 Notification of binding rules; representativeness

1. When a Member State notifies rules it has made binding for a given product and economic area pursuant to Article 125g of Regulation (EC) No 1234/2007, it shall inform at the same time the Commission of:

(a) the producer organisation or association of producer organisations which requested the extension of the rules;

(b) the number of producers who belong to that producer organisation or association of producer organisations and the total number of producers in the economic area concerned; such information shall be given in respect of the situation obtaining at the time when the application for extension is made;

(c) the total production of the economic area and the production marketed by the producer organisation or association of producer organisations during the last marketing year for which figures are available;

(d) the date from which the rules to be extended have applied to the producer organisation or association of producer organisations concerned; and

(e) the date from which the extension is to take effect and the duration of application of the extension.

2. For the purposes of determining representativeness within the meaning of Article 125f(3) of Regulation (EC) No 1234/2007, the Member States shall lay down rules excluding:

(a) producers whose production is intended essentially for direct sale to consumers on the holding or in the production area;

(b) direct sales as referred to in point (a);

(c) produce delivered for processing as referred to in Article 125f(4)(b) of Regulation (EC) No 1234/2007 except where the rules in question apply entirely or partly to such produce.

Article 130 Financial contributions

Where a Member State decides, pursuant to Article 125i of Regulation (EC) No 1234/2007, that producers who do not belong to producer organisations are liable for a financial contribution, it shall forward to the Commission the information needed to assess compliance with the conditions laid down in that Article.

Such information shall include in particular the basis on which the contribution is calculated and the unit amount thereof, the beneficiary or beneficiaries and the nature of the various costs referred to in Article 125i of Regulation (EC) No 1234/2007.

Article 131 Extensions beyond one marketing year

Where it is decided to apply an extension for a period exceeding one marketing year, the Member States shall verify in respect of each marketing year that the conditions with regard to representativeness laid down in Article 125f(3) of Regulation (EC) No 1234/2007 continue to be complied with throughout the period of application of the extension.

If Member States find that the conditions are no longer complied with, they shall immediately repeal the extension with effect from the beginning of the following marketing year.

Member States shall immediately inform the Commission of any repeal, which shall make such information publicly available by means it considers appropriate.

Article 132 Produce sold on the tree; buyers

1. In cases where producers not belonging to a producer organisation sell their produce on the tree, the buyer shall, for the purposes of compliance with the rules referred to in points 1(e), 1(f) and 3 of Annex XVIa to Regulation (EC) No 1234/2007, be considered as having produced that produce.

2. The Member State concerned may decide that rules listed in Annex XVIa to Regulation (EC) No 1234/2007 other than those referred to in paragraph 1 may be made binding on buyers where they are responsible for the management of the production concerned.