1982R3190 — EN — 14.06.1995 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 3190/82
of 29 November 1982
laying down detailed rules for the extension of certain rules adopted by producers’ organizations
in the fisheries sector to non-members
(OJ L 338, 30.11.1982, p. 11)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1336/95 of 13 June 1995 L 129 4 14.6.1995
1982R3190 — EN — 14.06.1995 — 001.001 — 2
▼B
COMMISSION REGULATION (EEC) No 3190/82
of 29 November 1982
layingdowndetailedrulesfortheextensionofcertainrulesadopted
byproducers’organizationsinthefisheriessectortonon-members
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European EconomicCommunity,
Having regard to Council Regulation (EEC) No 3796/81 of 29
December 1981 on the common organization of the market in fisheryproducts(
1), and in particular Article 7(8) thereof,
Having regard to Council Regulation (EEC) No 1772/82 of 29
June1982 layingdown g eneral rules concerningthe extension of certainrules adopted by producers’ organizations in the fisheries sector(
2), and
in particular the second paragraph of Article 5 thereof,
Whereas it is necessary to define criteria for assessingthe deg ree to
which producers’ organizations whose marketing rules it is proposed toextend to non-members are representative; whereas these criteria mustinclude the proportion of all marketingof the species concerned in thearea in question accounted for by the members of the organization andthe number of members of the organization;
Whereas a minimum period of application of the rules in question
should be fixed in order to maintain a certain stability in the conditionsunder which fishery products are marketed;
Whereas Member States which intend to give binding force to rules
adopted by a producers’ organization are obliged to submit them to theCommission for prior examination; whereas it is necessary, therefore, tospecify what information is to be notified to the Commission;
Whereas it is necessary to publish the rules that are made bindingon
non-members;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fishery Products,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the implementing rules for the extension to
non-members of certain rules adopted by producers’ organizations, asprovided for in Article 7 of Regulation (EEC) No 3796/81 hereinaftercalled the ‘basic Regulation'.
Article 2
1. The production and marketingactivities of a producers’ org an-
ization shall be considered of significant importance within the meaningof Article 2 of Regulation (EEC) No 1772/82 if, in the area withinwhich it is proposed to extend the marketingrules:
(a) marketingby the producers’ org anization or by its members of the
species to which the rules would apply accounts for more than75 % overall of the quantities marketed, and
(b) the number of fishermen aboard vessels operated by members of the
producers’ organization is more than 50 % of the total number offishermen established in the area to whom the rules which may beextended would apply.
(1) OJ No L 379, 31. 12. 1981, p. 1.
(2) OJ No L 197, 6. 7. 1982, p. 1.
1982R3190 — EN — 14.06.1995 — 001.001 — 3
▼B
2. For the purposes of paragraph 1 (a), account shall be taken ofquantities marketed duringthe previous marketingyear.
3. For the purpose of calculatingthe percentag e referred to in para-
graph 1 (b), fishermen aboard vessels whose overall length is less thanor equal to 10 metres shall be taken into account in proportion to therelation between the quantities marketed by such fishermen and the totalquantities marketed in the area in question.
Article 3
The conditions of the first placingon the market mentioned in the third
indent of Article 3 (1) of Regulation (EEC) No 1772/82 may includerules on the rational disposal of production in order to stabilize themarket.
Article 4
The minimum period of application of the rules provided for in Article
7 (1) of the basic Regulation shall be 90 days.
Article 5
1.►
M1Member States which decide to extend certain rules
adopted by a producers’ organization to non-members shall give theCommission at least the followingdetails: ◄
— the name and address of the producers’ organization concerned,— all information required to show that the organization is repres-
entative, particularly by reference to the criteria set out in Article 2,
— the marketingrules in question,— the area in which it is intended to make these rules obligatory.
▼
M1
▼B
Article 6
▼M1
1. The Commission shall publish in the Official Journal of the Euro-
pean Communities the decisions it takes pursuant to the second indent
of the second subparagraph of Article 5 (2) of the basic Regulation.
▼B
2. The Member State concerned shall, usingits normal procedure,publish in good time, and at least eight days before their entry intoforce, the rules that have been made obligatory and, if necessary, anycancellation of all or part of those rules.
Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States.