1997R0478 — EN — 05.02.1999 — 001.001 — 1
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►B COMMISSIONREGULATION(EC)No478/97
of14March1997
laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards
preliminaryrecognitionofproducerorganizations
(OJ L 75, 15.3.1997, p. 4)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 243/1999 of 1 February 1999 L 27 8 2.2.1999
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▼B
COMMISSIONREGULATION(EC)No478/97
of14March1997
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EC) No 2200/96 as regards preliminary recognition of producer
organizations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October
1996 on the common organization of the market in fruit and vegeta-bles(
1), and in particular Article 48 thereof,
Whereas Article 14 of Regulation (EC) No 2200/96 provides for the
possibility of a transitional period of preliminary recognition to enablenew producer organizations or those which have not been recognized
under Council Regulation (EEC) No 1035/72(
2), as last amended by
Commission Regulation (EC) No 1363/95(3), to meet the conditions for
recognition laid down in Article 11 of Regulation (EC) No 2200/96;whereas, as a result, certain conditions should be laid down for the grantof preliminary recognition to producer organizations which submit a
recognition plan;
Whereas, to promote the setting-up of stable producer organizations
capable of making a lasting contribution to the attainment of the objec-tives of the common market organization, preliminary recognitionshould be granted only to producer organizations which can demon-strate their ability to meet all the requirements of Article 11 of Regula-tion (EC) No 2200/96 within a specified time-limit;
Whereas, to enable producer organizations to bring themselves gradu-
ally into line with the conditions laid down in Article 11 of Regulation
(EC) No 2200/96 and Commission Regulation (EC) No 412/97(
4)a s
regards the recognition of producer organizations, less strict conditionsshould be laid down for the grant of preliminary recognition; whereasMember States should also be allowed to lay down stricter limits than
those laid down in this Regulation, without exceeding those laid down
in Article 11 (1) (c) (2) of Regulation (EC) No 2200/96 and in Regula-tion (EC) No 412/97, in order to take account of the different produc-tion and marketing conditions in the various Member States;
Whereas, to enable recognized producer organizations to be restruc-
tured, the obligation laid down in Article 11 (1) (c) (2) of Regulation(EC) No 2200/96 should not apply until a producer organization granted
preliminary recognition obtains full recognition, without prejudice to
the Member States laying down stricter conditions;
Whereas, to enable producer organizations to submit a recognition plan
in accordance with Article 14 of Regulation (EC) No 2200/96, the infor-mation which producer organizations must provide in the plan shouldbe laid down;
Whereas, to enable producer organizations better to meet the recogni-
tion conditions, there is a need to authorize changes to recognition
plans; whereas to that end, provision should be made for each MemberState to be able to request the producer organization to take correctiveaction to ensure that the plan is implemented;
Whereas producer organizations may meet the conditions laid down in
Article 11 of Regulation (EC) No 2200/96 and in Regulation (EC) No412/97 before the recognition plan is completed; whereas provision
should be made to allow such organizations to submit applications for
recognition under those Regulations; whereas, for the sake of consis-
(1) OJ No L 297, 21. 11. 1996, p. 1.
(2) OJ No L 118, 20. 5. 1972, p. 1.
(3) OJ No L 132, 16. 6. 1995, p. 8.
(4) OJ No L 62, 4. 3. 1997, p. 16.
1997R0478 — EN — 05.02.1999 — 001.001 — 3
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tency, the grant of such recognition to a producer organization must sig-
nify the termination of its recognition plan;
Whereas, to give producer organizations granted preliminary recogni-
tion the opportunity to implement an operational programme in accor-
dance with Commission Regulation (EC) No 411/97(1) as soon as
recognition has been granted, it should be possible for such organiza-tions to submit a draft operational programme when they submit theirapplication for recognition;
Whereas, to ensure proper management of the common market organi-
zation, Member States should regularly inform the Commission of thesituation as regards the grant of preliminary recognition, and of devel-opments in the sector, in accordance with Article 9 of Regulation (EC)
No 412/97;
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Fresh Fruit and
Vegetables,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation establishes minimum requirements for the preliminary
recognition of producer organizations referred to in Article 14 of Regu-lation (EC) No 2200/96.
Member States may lay down requirements stricter than and obligations
additional to those laid down in this Regulation.
Article 2
1. New producer organizations, or those which have not been recog-
nized under Regulation (EEC) No 1035/72 and request preliminary
recognition in accordance with Article 14 of Regulation (EC) No 2200/
96, shall present a recognition plan for acceptance by the competentauthority of the Member State in which the producer organization hasits head office.
2. Implementation of the recognition plan shall be phased in annual
periods starting from the date of its acceptance by the competentnational authority. Its duration may not exceed a period of five yearsfrom that date.
Article 3
1. When presenting a recognition plan, producer organizations shall:
(a) comply with the requirements of Article 11 (1) (a), (b), (c), point 4,
and (d), and Article 11 (2) (b) of Regulation (EC) No 2200/96;
(b) provide evidence that:
(1) they have a minimum number of producers consisting of half
the number set in Annexes I and II to Regulation (EC) No 412/
97 and in any event not less than five;
(2) the minimum volume of marketable production of members is
not less than 50 % of the minimum volume of production
referred to in Annexes I and II to Regulation (EC) No 412/97.
2. Where a Member State applies Article 2 (2) of Regulation (EC)
No 412/97, the percentage of marketable production shown there may
not be less than 8 %; the minimum number of producers shall be ten inthe case of the producer organizations referred to in Article 11 (1) (a)(i) to (iv) of Regulation (EC) No 2200/96, and five for those referred toin paragraphs 1 (a) (vi) and (vii) and 3 of that Article.
(1) OJ No L 62, 4. 3. 1997, p. 9.
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3. Regulation (EC) No 412/97 shall apply mutatis mutandis with the
exception of Article 7 thereof.
Article 4
1. The draft recognition plan shall contain chapters covering at least
the following matters:
(a) the duration of the plan;
(b) a description of the initial situation, in particular as regards the
number of producer members, giving full details of members, pro-duction, marketing and infrastructure;
(c) the objectives of the plan;
(d) the measures to be taken and the means to be employed for attain-
ing the objectives of the plan, for each year of implementation ofthe plan, and a cost-benefit analysis;
(e) the measures to be taken, by the latest on completion of the recog-
nition plan, in order to meet the requirements of Article 11 (1) (c)(1), (2), (3) and (5) of Regulation (EC) No 2200/96, and of Regula-tion (EC) No 412/97.
2. The measures referred to in paragraph 1 (d) of this Article shall
include in particular those referred to in Article 11 (2) (c) and (d) ofRegulation (EC) No 2200/96, together with the following, which maybe implemented gradually in the course of the plan:
(a) implementation of the measures laid down in Article 11 (1) (c) (3)
of Regulation (EC) No 2200/96;
(b) production planning;
(c) sales strategy, development of marketing chains and promotion;
(d) measures to enhance product quality;(e) staffing levels.
Plans must show in particular the estimated cost of the investments
required for their implementation, broken down for each individual
measure and phased according to year of implementation.
3. The competent national authority shall decide on a draft recogni-
tion plan within three months of receipt of the plan accompanied by allsupporting documents.
4. The competent national authority shall verify:
(a) by all appropriate means, including on-the-spot inspections, the
accuracy of the information provided under Article 4 (1) (b) and(c),
(b) the financial consistency and the technical quality of the plan, the
soundness of the estimates in the investment plan, and the planning
of its implementation.
5. The competent national authority shall, as appropriate:
(a) accept the plan and grant preliminary recognition;
(b) request changes to the plan; acceptance may be granted only if the
changes requested have been incorporated in the plan;
(c) reject the plan.
6. Before granting preliminary recognition, the Member State shall
inform the Commission of its decision in accordance with Article 14 (4)
of Regulation (EC) No 2200/96.
It shall notify the producer organization of its decision.The Member State shall send the Commission, in the month following
notification of acceptance of the recognition plan to the producer orga-nization, particulars of the latter, the date of preliminary recognitionand the duration of the plan.
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Article 5
▼M1
▼B2. Producer organizations may request changes to plans. These shall
be accompanied by all the necessary supporting documents.
The competent national authority shall decide on changes to plans
within three months of receipt of the request for change, after consider-ing the evidence supplied. Where no decision is taken on a request forchange within that period, the request shall be deemed to have been
rejected.
Article 6
No later than the fourth month following the end of a year of a recogni-
tion plan, the producer organization shall send the competent authorityin the Member State a copy of the balance sheet for the last year.
Article 7
1. The competent national authority shall carry out checks and
inspections to ascertain the progress of implementation of the plan onan annual basis; it shall establish in particular the extent to which mea-sures which must be undertaken to meet, by the latest on the expiry ofthe recognition plan, the requirements of Article 11 of Regulation (EC)
No 2200/96 and of Regulation (EC) No 412/97, have been carried out.
2. The competent national authority may call upon a producer organi-
zation to take corrective action if it finds shortcomings regarding imple-mentation of the plan which may compromise such implementation.
The Member State shall inform the Commission of its decision.
Article 8
Producer organizations implementing a recognition plan may, at any
time, submit an application for recognition under Article 11 of Regula-tion (EC) No 2200/96 under the conditions laid down in Regulation(EC) No 412/97. From the date on which such an application is lodged,
the organization in question may submit a draft operational programme
under the conditions laid down in Regulation (EC) No 411/97.
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 .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.