1976R0105 — EN — 31.12.1987 — 001.001 — 1
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►B COUNCIL REGULATION (EEC)No 105/76
of 19 January 1976
on the recognition of producers’ organizations in the fishing industry
(OJ L 20, 28.1.1976, p. 39)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 3940/87 of 21 December1987 L 373 6 31.12.1987
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COUNCIL REGULATION (EEC)No 105/76
of 19 January 1976
on the recognition of producers’ organizations in the fishing
industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 100/76 of 19 January
1976 on the common organization of the market in fishery products (
1),
and in particular Article 5 (2) thereof,
Having regard to the proposal from the Commission,Whereas the authorities of the Member State on whose territory the
producers’ organizations referred to in Article 5 (1) of Regulation(EEC) No 100/76 have their official headquarters are in a better positionthan Community institutions to check that these organizations fulfil theconditions laid down fortheirr ecognition;
Whereas effective concentration of supply can be achieved only by the
formation of producers’ organizations which operate on a sufficientlylarge scale;
Whereas producers’ organizations should be prevented from discrimi-
nating between Community producers or groups of producers ongrounds of nationality or place of establishment; whereas any discrim-ination between organizations within one economic area based on thelocation of their headquarters must also be prohibited;
Whereas, in the interests of member producers, only those forms of
association which are sufficiently integrated should be encouraged;
Whereas assessment of the amount of aid to be granted may be facili-
tated by the keeping of separate accounts within the producers’ organ-izations;
Whereas under certain national laws a minimum period of membership
is required; whereas that should also be made a Community require-ment, since it is likely to introduce an element of stability into theworking of producers’ organizations, while preventing the granting offinancial support to temporary organizations;
Whereas it is necessary to ensure that no adverse effect is caused to the
application of national provisions whose purpose is in certain cases toprotect the organization or its creditors from the financial consequencesof the departure of members or to prevent members from leaving theorganization in the course of a budget year;
Whereas, in order to avoid any distortion of competition in the
marketing and processing of fishery products, recognition of producers’organizations should not be extended to activities which go beyond thefirst marketing stage;
Whereas recognition should be withdrawn when a producers’ organ-
ization no longer fulfils the required conditions;
Whereas at the beginning of each year a list of the organizations
recognized during the previous year and those from which recognitionhas been withdrawn during the same period should be published for theinformation of Member States and all concerned,
(1) See page 1 of this Official Journal.
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HAS ADOPTED THIS REGULATION:
Article 1
1. The Member State on whose territory a producers’ organization
has its official headquarters in accordance with that Member State’slegislation shall be competent to grant and withdraw recognition ofproducers’ organizations within the meaning of Article 5 (1) of Regula-tion (EEC) No 100/76.
2. Member States shall recognize producers’ organizations applying
for recognition if they fulfil the conditions listed in Article 2 and if theiractivities cover one or more of the products falling within heading Nos►
M10301 to 0307 ◄of the Common Customs Tariff (excluding
products smoked elsewhere than on fishing vessels).
Article 2
1. Producers’ organizations must, in so far as the product or products
for which they apply for recognition are concerned, comply with theconditions laid down in Article 5 (1) of Regulation (EEC) No 100/76and with the following requirements:
(a) they must show that they are sufficiently active economically;
(b) they must not discriminate between Community producers or
groups of producers within an economic area, particularly ongrounds of nationality or place of establishment;
(c) they must have the necessary legal status under national legislation;
(d) they must include in theirr ules:
(aa) the obligation to keep separate accounts for the activities for
which recognition is granted;
(bb) provisions to ensure that members wishing to leave the organ-
ization are free to do so provided that they have been membersof the organization for at least three years following its recog-nition and provided that they notify the organization of theirintention at least one yearin advance.
The provisions referred to in (bb) shall apply without prejudice to
national provisions laid down by law or regulation whose purpose is inspecific cases to protect the organization or its creditors from anyfinancial consequences which might arise from a member’s departure orto prevent members from leaving the organization in the course of thebudget year.
2. The following shall be adopted in accordance with the procedure
laid down in Article 32 of Regulation (EEC) No 100/76:
— the substance of the obligation referred to in the first indent of the
second subparagraph of Article 5 (1) of Regulation (EEC) No100/76, which obligation shall not howeverextend beyond the fir stmarketing stage;
— the criteria with which the common production and marketing rules
referred to in the second indent of the second subparagraph ofArticle 5 (1) of that Regulation must comply;
— the minimum output of the product or group of products concerned
which the producers’ organizations must represent in order tocomply with the condition set out in paragraph 1 (a).
Article 3
The procedure for the granting and withdrawal of recognition shall be
fixed in accordance with the procedure laid down in Article 32 ofRegulation (EEC) No 100/76.
Article 4
Recognition of a producers’ organisation shall be withdrawn if the
conditions set out in Article 2 are no longer fulfilled or if recognition isbased on false information; if the organisation obtained or benefits from
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recognition by fraudulent means recognition shall be withdrawn retroac-
tively.
Article 5
Where a Member State grants or withdraws recognition of a producer’s
organisation, it shall so inform the Commission within two months.
Article 6
At the beginning of each yearthe Commission shall publish in the
Official Journal of the European Communities a list of the producers’
organisations recognized during the previous year and those from whichrecognition has been withdrawn during the same period.
Article 7
1. Council Regulation (EEC) No 170/71 of 26 January 1971 on the
recognition of producers’ organisations in the fishing industry (
1), as
amended by Regulation (EEC) No 490/72 (2) is hereby repealed.
2. References to the Regulation repealed by virtue of paragraph 1
shall be construed as references to this Regulation.
Article 8
This Regulation shall enter into force on 1 February 1976.
This Regulation shall be binding in its entirety and directly applicable in
all MemberStates.
(1) OJ No L 23, 29. 1. 1971, p. 11.
(2) OJ No L 59, 10. 3. 1972, p.2.