1994R0919 — EN — 01.01.2003 — 003.001 — 1
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►B COMMISSIONREGULATION(EC)No919/94
of26April1994
laying downdetailed rules for the application ofCouncil Regulation (EEC) No 404/93 as regards
bananaproducers'organziations
(OJ L 106, 27.4.1994, p. 6)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 630/1999 of 24 March1999 L 80 8 25.3.1999
►M2Commission Regulation (EC) No 1042/2002 of 14 June 2002 L 157 43 15.6.2002
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COMMISSIONREGULATION(EC)No919/94
of26April1994
laying down detailed rules for the application of Council Regula-
tion(EEC)No404/93asregardsbananaproducers'organziations
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 404/93 of 13 February
1993 on the common organization of the market in bananas(1), as
amended by Commission Regulation (EC) No 3518/93(2), and in parti-
cular Article 9 thereof,
Whereas Regulation (EEC) No 404/93 lays down provisions for the
setting up of banana producers' organizations; whereas, in order to be
recognized, suchorganizations must satisfy specific conditions;
whereas the conditions are designed to provide reasonable assurancethat the organization, by virtue of their size, the length of time theyhave been in operation, their constitution and the way in which theyfunction, will contribute to the improvements sought in the conditionsin which bananas are produced and marketed;
Whereas these requirements, which are intended to ensure that produ-
cers' organizations have a minimum level of stability and economicactivity, particularly as regards the number of members and volume ofproduction, must be determined in the light of the structural diversity
of the producer regions in the Community;
Whereas, also for the purpose of stability and effectiveness, it is neces-
sary to specify, first, the means and facilities which producers'
organizations must place at the disposal of their members and,
secondly, the type of rules which such organizations must adopt andimpose on their members in order to achieve the objectives of groupsrecognized pursuant to Community rules;
Whereas the implementation of the specific measures adopted by the
Council, together with those in this Regulation, implies a strict obliga-tion for producers' organizations to transmit detailed information atgiven intervals to the authorities designed by the Member States, inorder to enable the latter to monitor the execution of undertakingsmade by producers' organizations witha view to recognition; wh ereas
the checks to be carried out by the Member States and the communica-
tions for monitoring the application of the abovementioned provisionsshould be specified;
Whereas it is necesary to specifiy the provisions which should apply to
producer groups which have been recognized pursuant to Regulation
(EEC) No 1360/78 of 18 June 1978 on producer groups and associa-tions thereof(
3), as last amended by Regulation (EC) No 3669/93(4)
and which, under the system set up by the said Regulation, havereceived aid torwards their setting-up and administrative running costs;
Whereas the measures provided for in this Regulation are in accor-
dance with the opinion of the Management Committee for Bananas,
HAS ADOPTED THIS REGULATION:
Article 1
Member States shall grant specific recognition, as provided in Article 5
of Regulation (EEC) No 404/93, to producers' organizations and asso-
ciations thereof, hereinafter referred to as ‘producers' organizations’,whose economic activity concerns the production and marketing of1994R0919 — EN — 01.01.2003 — 003.001 — 2
(1) OJ No L 47, 25. 2. 1993, p. 1.
(2) OJ No L 320, 22. 12. 1993, p. 15.
(3) OJ No L 166, 23. 6. 1978, p. 1.
(4) OJ No L 338, 31. 12. 1993, p. 26.
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fresh bananas and which comply with Article 5 of the aforesaid Regu-
lation and the provisions of this Regulation.
Producers' organizations recognized pursuant to Regulation (EEC) No
1360/78 shall be granted specific recognition, as provided in the first
paragraph, where the competent authorities find that the constituentinstrument and rules of operation of suchorganizations comply withthe provisions referred to in the first paragraph.
Article 2
1. Producers' organizations shall submit the application for specific
recognition to the respective competent authorities designed by the
Member States, together with their constituent instrument and the infor-
mation specified in Part A of Annex II.
2. The competent authorities shall check the accuracy of the infor-
mation submitted, by examining documents and conducting on-the-spot inspections. In cases of doubt, they shall carry out any other
checks to ensure that the conditions laid down in Article 1 are satisfied.
3. Specific recognition shall be granted within 90 days from receipt
of the appliction, subject to any additional time required for supple-mentary investigations.
Article 3
1. The minimum volume of marketable bananas and the minimum
number of members which producers' organizations must have pursuant
to Article 5 (1) (b) of Regulation (EEC) No 404/93 shall be as set out
in Annex I.
2. For the purposes of paragraph 1, the production to be taken into
account shall be the average banana production marketed by all theproducers belonging to the organization applying for recognition duringthe three marketing years prior to such recognition.
However, where a production area has shown a fall in production due
to exceptional weather conditions during the period referred to in thefirst sub paragraph, the volume of production in one or more marketingyears prior to the exceptional weather may be taken into consideration.
Article 4
The necessary means placed at the disposal of members producers or
held by the producers' organization in order to attain the objectives
referred to in Article 5 of Regulation (EEC) No 404/93 shall include
at least facilities for:
— sorting, sizing and market preparation, witha capacity appropriate
to the volume of banana production delivered by members,
— the administration of technical and commercial activity,— centralized bookkeeping.
Article 5
For the admission of new members, the rules of association of produ-
cers' organizations shall include the following requirements:
(a) new memberships msut take effect from the beginning of a
marketing year only;
(b) new members must be accepted on the basis of the organization's
actual or foreseeable marketing capacity;
(c) eachmember must undertake to belong to th e producers' organisa-
tion for at least one year and must give written notice of any
intention to resign by 31 May at the latest, to take effect on 1January of the following year. The Member States may set a leng-thier minimum period of membership; in that event they shallnotify the Commission. The rules of association of producers' orga-1994R0919 — EN — 01.01.2003 — 003.001 — 3
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nisations may stipulate a lengthier period of notice before resigna-
tion becomes effective.
Notwithstanding the first subparagraph, in the case of producer
organisations established in Spain, the notification of any intentionto resign to be given in 2002 shall be given by 15 October at thelatest;
(d) eachmember must undertake to comply withall th e obligations
imposed by the producers' organization.
Article 6
1. The rules laid down by banana producers'organizations pursuant
to Article 5 (1) (d) of Regulation (EEC) No 404/93 shall provide atleast the following:
(a) witha view to establish ing production, for producers to lodge
declarations of areas planted, estimated volume of harvest, and
quantities actually harvested;
(b) as regards production, the definition, on the basis of the marketing
strategy and outlets, of the varieties of bananas to be grown,
converted or grubbed, the cultural techniques to be used and the
timing of the harvest;
(c) as regards marketing, minimum criteria for quality, size, packaging,
presentation and marking.
2. Producers' organizations shall avise and assist their members to
ensure proper application of the rules they adopt. They shall penalize
non-compliance in an appropriate fashion.
Article 7
1. Not later than 1 March each year, and for the first time by 1
March 1995, producers' organizations shall communicate to the compe-tent national authorities the information referred to in Annex II.
Member States may, should they deem it necessary, adopt additional
rules concerning the points in Part B of Annex II.
2. The competent authorities shall send to the Commission not later
than 1 May each year, and for the first time by 1 May 1995, the list of
recognized banana producers' organizations in their territory and the
information specified in Part A of Annex II for eachproducers' organi-zation.
3. The Commission may provide, in collaboration with the Member
States concerned, for the electronic transmission of all or part of theinformation referred to in Annex II.
Article 8
The competent authorities shall verify the conformity of the establish-
ment and functioning of the producers' organizations and the accuracyof the information referred to in Article 5 of Regulation (EEC) No 404/
93 and Article 7 of this Regulation. Each producers' organization shall
undergo an on-the-spot inspection at least once every three years.
Article 9
The competent authorities shall withdraw recognition were they find, as
the case may be, that:
— the obligations imposed by the Community rules are not fulfilled,
— the information referred to in Article 5 of Regulation (EEC) No
404/93 and Article 7 of this Regulation has been intentionally with-held or falsified with fraudulent intent.1994R0919 — EN — 01.01.2003 — 003.001 — 4
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Article 10
Assistance to encourage the establishment and assist the administrative
operation of producer organisations as referred to in Article 6(1) of
Regulation (EEC) No 404/93 shall not be granted to producer organisa-
tions which have received the aid provided for in Article 10 ofRegulation (EEC) No 1360/78 or in Article 10 of Council Regulation(EC) No 952/97(
1) and which comprise members who were formerly
members of organisations having already benefited from that assis-tance.
Article 11
This Regulation shall enter into force on the seventh 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.1994R0919 — EN — 01.01.2003 — 003.001 — 5
(1) OJ L 142, 2.6.1997, p. 30.▼B
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ANNEX I
Region of production in the Commu-
nityMinimum
number of
membersMinimum volume of
marketable production of
bananas
(in tonnes net weight)
Spain (Canary Islands) 100 30000
France:
— Guadeloupe 100 30000
— Martinique 100 30000
Greece (Crete and Lakonia) 4 40
Portugal (Madeira, the Azores
and Algarve) 5 101994R0919 — EN — 01.01.2003 — 003.001 — 6
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ANNEX II
INFORMATION RELATING TO BANANA PROCUDERS' ORGANIZATIONS REFERRED
TOINARTICLE5
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