1.In order to be recognised by [F1the Secretary of State], the producer organisation applying for such recognition shall be a legal entity or clearly defined part of a legal entity which:
(a)fulfils the requirements laid down in points (a), (b) and (c) of Article 152(1);
(b)has a minimum number of members and/or covers a minimum volume or value of marketable production, [F2as laid down by the Secretary of State], in the area where it operates;
(c)provides sufficient evidence that it can carry out its activities properly, both over time and in terms of effectiveness, provision of human, material and technical support to its members, and as appropriate concentration of supply;
(d)has statutes that are consistent with points (a), (b) and (c) of this paragraph.
[F31a.[F4The Secretary of State] may, on request, decide to grant more than one recognition to a producer organisation operating in several sectors referred to in Article 1(2) provided the producer organisation fulfils the conditions referred to in paragraph 1 of this Article for each sector for which it seeks recognition.]
[F52.A producer organisation is deemed to be recognised pursuant to Article 152 if the Secretary of State made a decision to deem such recognition prior to exit day.]
F63.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4.[F7The Secretary of State ] shall:
(a)decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; F8...
(b)carry out, at intervals to be determined by them, checks to verify that recognised producer organisations are complying with this Chapter;
(c)in the event of non-compliance or irregularities in the application of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;
F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in Art. 154(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 154(1)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Inserted by Regulation (EU) 2017/2393 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1305/2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), (EU) No 1306/2013 on the financing, management and monitoring of the common agricultural policy, (EU) No 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy, (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products and (EU) No 652/2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material.
F4Words in Art. 154(1a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 154(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Art. 154(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(d); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 154(4) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/828), regs. 1, 14(e)(i); 2020 c. 1, Sch. 5 para. 1(1)