2000R1886 — EN — 22.09.2001 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1886/2000
of6September2000
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EC)No104/2000asregards
theextensiontonon-membersofcertainrulesadoptedbyproducers'organisationsinthefisheries
sector
(OJ L 227, 7.9.2000, p. 11)
Amended by:
OfficialJournal
No page date
►M1 Commission Regulation (EC) No 1812/2001 of 14 September 2001 L 246 5 15.9.2001
▼B
COMMISSIONREGULATION(EC)No1886/2000
of6September2000
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 104/2000 as regards the extension to non-members ofcertain rules adopted by producers' organisations in the fisheries
sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to CouncilRegul ation (EC) No 104/2000 of 17 December
1999 on the common organisation of the markets in fishery and
aquaculture products (1), and in particular Article 7(10) thereof,
Whereas:
(1) Regulation (EC) No 104/2000, which repealed Council Regula-
tions (EEC) No 3759/922 (2) and (EEC) No 1772/82 (3) with effect
from 1 January 2001, contains provisions on an extension to non-members of rules introduced by producer organisations. It is nowappropriate to fill out the framework laid down by Regulation
(EC) No 104/2000, by enacting detailed rules and by repealing the
current Regulation on this subject, namely Commission Regula-tion (EEC) No 3190/82 (
4), as amended by Regulation (EC) No
1336/95 (5).
(2) It is necessary to define criteria for assessing the degree ofrepresentativeness of the producers' organisations whose rules it isproposed to extend to non-members. Those criteria should includeboth, the proportion of the totalquantities marketed of the species
concerned accounted for by the members of the organisation and
the proportion of fishermen in the area in question who aremembers of the organisation.
(3) In order to harmonise the implementation of these measures, theproduction and marketing rules which may be extended to non-members should be defined. For the same purpose, the stage towhich such extended rules apply should be specified.
(4) A minimum period of application of the rules in question shouldbe fixed in order to maintain a certain stability in the conditions
under which fishery products are marketed.
(5) Member States which decide to make obligatory the rules adoptedby a producers' organisation are obliged to submit them to the
Commission for examination. It is necessary, therefore, to specifywhat information is to be notified to the Commission.
(6) It is necessary for Member States and the Commission to publishinformation on the extension of rules which could affect thesector.
(7) Any amendments to the rules extended to non-members should besubject to the same requirements as to notification to theCommission and publication as the original extension.
(8) The measures provided for in this Regulation are in accordancewith the opinion of the Management Committee for FisheryProducts,2000R1886 — EN — 22.09.2001 — 001.001 — 2
(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 197, 6.7.1982, p. 1.
(4) OJ L 338, 30.11.1982, p. 11.
(5) OJ L 129, 14.6.1995, p. 4.
▼B
HAS ADOPTED THIS REGULATION:
Article 1
1. The production and marketing activities of a producers' organisa-
tion in the catch sector shall be considered to be sufficiently
representative in the area within which it is proposed to extend therules if:
(a) marketing by the producers' organisation or by its members of the
species to which the rules would apply accounts for more than 65 %
overall of the quantities marketed, and
(b) the number of fishermen aboard vessels operated by members of the
producers' organisation is more than 50 % of the totalnumber of
fishermen established in the area to whom the rules which may beextended would apply.
2. For the purposes of point 1(a), account shall be taken of quantities
marketed during the previous marketing year.
3. For the purpose of calculating the percentage referred to in point
1(b), fishermen aboard vessels whose overall length is less than or equalto 10 metres shall be taken into account in proportion to the relationbetween the quantities marketed by such fishermen and the total
quantities marketed in the area in question.
4. The production and marketing activities of a producers' organisa-
tion in the aquaculture sector as defined in point 2.2(a) of Annex III toCouncilRegul ation (EC) No 2792/1999 (
1) shall be considered to be
sufficiently representative in the area within which it is proposed to
extend the rules if production by the producers' organisation or by itsmembers of the species to which the rules would apply accounts formore than 40 % of the quantities produced.
5. For the purpose of applying point 4, account shall be taken of
quantities produced during the previous marketing year.
Article 2
1. The production and marketing rules referred to in Article 7(1)(a) of
Regulation (EC) No 104/2000 shall include the following elements:
(a) the quality, size or weight and presentation of products offered for
sale;
(b) sampling, receptacles used for sales purposes, packaging and
labelling and the use of ice;
(c) the conditions of the first placing of the market, which may include
rules on the rational disposal of production in order to stabilise themarket.
2. In the aquaculture sector, the rules referred to in paragraph 1 may
contain measures concerning the placement of juveniles or interventionat other stages of the life cycle of the aquaculture species to which therules would apply, and, in particular, provisions on the harvesting orstorage, including the freezing, of any surplus production.
Article 3
The minimum period of application of the rules to be extended to non-
members shall be 90 days.
Article 4
Where a Member State decides to extend certain rules adopted by a
producers' organisation to non-members, the notification to the2000R1886 — EN — 22.09.2001 — 001.001 — 3
(1) OJ L 337, 30.12.1999, p. 10.▼M1
▼B
▼B
Commission referred to in Article 7(3) of Regulation (EC) No 104/2000
shall include at least:
(a) the name and address of the producers' organisation concerned;
(b) all the information required to show that the organisation is
representative, particularly by reference to the criteria set out inArticle 1;
(c) the rules in question;
(d) the justification for these rules, supported by appropriate data;
(e) the geographicalarea in which it is intended to make these rul es
obligatory;
(f) the duration of the rules;
(g) the date of entry into force.
Article 5
Member States shall publish the rules they have decided to make
obligatory at least eight days in advance of their entry into force.
Article 6
Any modification to the rules extended to non-members shall be subject
to Articles 4 and 5.
Article 7
The Commission shall publish in the Official Journal of the European
Communities the decisions which it takes, declaring an extension of
rules null and void pursuant to the second indent of the second
subparagraph of Article 7(3) and to Article 7(5) of Regulation (EC) No104/2000.
Article 8
Regulation (EEC) No 3190/82 is hereby repealed.
Article 9
This Regulation shall enter into force on the seventh day following that
of its publication in the Official Journal of the European Communities .
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.2000R1886 — EN — 22.09.2001 — 001.001 — 4