1997R0412 — EN — 01.01.2003 — 004.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No412/97
of3March1997
laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards
therecognitionofproducerorganizations
(OJ L 62, 4.3.1997, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1119/97 of 19 June 1997 L 163 11 20.6.1997
►M2Commission Regulation (EC) No 1493/97 of 29 July 1997 L 202 32 30.7.1997
►M3Commission Regulation (EC) No 1120/2001 of 7 June 2001 L 153 10 8.6.2001
►M4Commission Regulation (EC) No 43/2003 of 23 December 2002 L 7 25 11.1.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COMMISSIONREGULATION(EC)No412/97
of3March1997
laying down detailed rules for the application of Council Regula-
tion (EC) No 2200/96 as regards the 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 Articles11 (2) (a) and 48 thereof,
Whereasa minimum number of membersand a minimum volume of
marketable production should be laid down using a pragmatic approachand taking into account the structural, economic and administrativesituation in the Member States; whereas these minimum conditionsshould be modulated for different categories of producer organizations
to take account of different circumstances of production and of experi-
ence acquired; whereasthe Member Statess hould therefore be allowedto lay down minimum conditions more stringent than those providedfor by thisRegulation;
Whereasthe minimum volume of marketable production s hould be
expressed in ecus so that it may be more representative; whereas
Member States should nevertheless be permitted to express theminimum volume asa percentage of production in an economic regionwhere producers are established in order to take account of specificsituations;
Whereas, in order to ensure that producer organizations genuinely
represent a minimum number of producers, Member States shouldtake steps to ensure that a minority of members who may account forthe bulk of production in the producer organization do not undulydominate itsmanagement and operation;
Whereas the main and essential activities of a producer organization
should relate to the production of its members; whereas neverthelessthe producer organization should be allowed to engage in other activ-ities, whether or not of a commercial nature, without prejudice to theright of Member States to lay down stricter limits;
Whereas, in view of the nature of the products, their production and
their marketing, the holdingsof membersof a producer organizationmay be located in Member Statesother than that in which the producerorganization hasitshead office;
WhereasArticle 11 (1) (a) and (3) of Regulation (EC) No 2200/96
make provision for different types of producer organizations; whereas
all producer organizationsfor which an application for recognition issubmitted should fall into one of the categories laid down;
Whereas, in order to facilitate the concentration of supply, the merger
of existing producer organizations to form new ones should be encour-
aged; whereasthe acquired rightsreferred to in Article 53 ofRegulation (EC) No 2200/96 apply to the new producer organizationsresulting from the merger of organizations already recognized underRegulation (EEC) No 1035/72 (
2), as last amended by Commission
Regulation (EC) No 1363/95 (3);
Whereas, in order to help achieve the goals of the common organiza-
tion of marketsand to ens ure that producer organizationscarry outtheir work in a sustainable and effective way, there should be theutmost stability within producer organizations; whereas membership ofa producer organization should therefore be for a minimum period,1997R0412 — EN — 01.01.2003 — 004.001 — 2
(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.
▼B
particularly with regard to the obligationsrelating to an operational
programme of the type referred to in Article 15 of Regulation (EC)No 2200/96; whereas the minimum period of membership should be
laid down within certain limits, without prejudice to the right of
Member States to lay down stricter limits;
Whereas, in order to ensure the sound operation of the market organi-
zation, Member States should keep the Commission regularly informedabout the situation and developments in the sector; whereas the
arrangements for so doing should be laid down;
Whereas, the recognition of organizations of citrus-fruit producers, on
the basis of certain specific conditions, is included in this Regulation;whereas, accordingly, Commission Regulation (EEC) No 2602/90 of 7September 1990 laying down detailed rulesconcerning citrus -fruitproducers' organizations (
1) should be repealed;
Whereasthe Management Committee for Fres h Fruit and Vegetables
hasnot delivered an opinion within the time limit s et by itschairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. ThisRegulation laysdown the detailed rulesfor the application
of Regulation (EC) No 2200/96 asregardsthe conditionsfor recogni-tion of producer organizationspurs uant to Article 11 of thatRegulation.
2. For the purposes of this Regulation:
(a) ‘producer’ shall mean any individual or legal person who is a
member of a producer organization to which he delivershisproduction for marketing in accordance with Regulation (EC) No2200/96;
(b) ‘marketed production’ shall mean the production of members of a
producer organization, disposed of in accordance with Article 11(1) (c) (3) of Regulation (EC) No 2200/96 for the category ofproducts for which recognition is requested, measured at the ‘ex-producer organization’ stage and, where applicable, as ‘packagedor prepared but not processed product’;
(c) ‘marketable production’ shall mean marketed production, plus
withdrawals.
Article 2
1. The minimum number of producersand the minimum volume of
marketable production referred to in Article 11 (2) (a) of Regulation
(EC) No 2200/96 are given in AnnexesI and II to thisRegulation.
Where a producer organization ismade up in whole or in part of
members who, in turn, are legal persons made up exclusively of produ-cers, the minimum number of producers referred to in the firstsubparagraph shall be calculated on the basis of the number of produ-
cers who are members of each of the legal persons.
2. Member Statesmay replace the volume of production s et out in
Annex I by a percentage of the marketable production of a producerorganization in termsof the average total production of the economic
region where the producers in the organization are established. This
percentage shall not be lower than 15 %. In such cases, the minimumnumber of producerss hall be twenty for the producer organizationsreferred to in Article 11 (1) (a) (i) to (iv) of Regulation (EC) No2200/96 and five for the producer organizationsreferred to in para-graph (1) (a) (vi) and (vii) and paragraph (3) of that Article.1997R0412 — EN — 01.01.2003 — 004.001 — 3
(1) OJ No L 245, 8. 9. 1990, p. 13.▼M2
▼B
▼B
Member Statess hall determine the economic regionsin the light of the
existing conditions of production and marketing. They shall notify theCommission of these regions.
3. For the purposes of applying paragraphs 1 and 2, the volume to
be taken into consideration shall be the average volume of marketableproduction of all member producersduring the three marketing yearspreceding recognition.
4. Member Statesmay fix minimum numbersof producersand
minimum volumesof marketable production greater than thos e laid
down in paragraphs 1 and 2. They shall notify the Commission thereof.
Article 3
Member States shall take such measures as are required to avoid any
abuse of power or influence by one or more producers on the manage-ment and operation of the producer organization. They shall notify the
Commission of the measures taken before 1 July 1997.
Article 4
The turnover of a producer organization arising from the sale, where
applicable after processing, of the production of its members may notbe less than the turnover generated by the group's other activities.Activitiesrelating to the production of other agricultural productsand,where applicable, their development shall not be taken into considera-
tion.
Article 5
In the case of transnational producer organizations, the rules applicable
under this Regulation shall be those applicable in the Member State inwhich the organization'shead office islocated.
The head office of the organization must be located in a Member State
where the organization has significant holdings or a significant number
of members.
Article 6
Applications for recognition submitted by producer organizations shall
indicate, from amongst those listed in Article 11 (1) (a) or 11 (3) ofRegulation (EC) No 2200/96, the product category for which recogni-tion isreques ted.
Article 7
New producer organizationsres ulting from the merger of bodiesrecog-
nized under Regulation (EEC) No 1035/72 shall retain the acquiredrightsreferred to in Article 53 of Regulation (EC) No 2200/96. Ifthey do not secure recognition under Article 11 of Regulation (EC)No 2200/96, they shall be considered producer organizations as
provided for in Article 13 (1) of that Regulation.
Article 8
1. The minimum membership period of a producer shall not be less
than one year. However, where an operational plan pursuant to Regula-tion (EC) No 2200/96 has been submitted, no member may disclaimhisobligationsunder that programme during the period of itsimple-
mentation, except where the producer organization concerned givesits
approval.
2. Resignation of membership shall be notified to the group in
writing no later than 31 May, to take effect on 1 January of thefollowing year. The rulesof the producer organization may require alonger period of notice to be given.1997R0412 — EN — 01.01.2003 — 004.001 — 4
▼M3
Article 9a
As a transitional measure for 1997, Member States, acting in the inter-
ests of the producer organizations concerned, may, in duly justified
cases, extend by two months the time limit referred to in Article 12(1) (a) of Regulation (EC) No 2200/96.
Article 10
Regulation (EEC) No 2602/90 ishereby repealed.
Article 11
This Regulation shall enter into force on the seventh day following that
of itspublication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1997R0412 — EN — 01.01.2003 — 004.001 — 5
▼M1
▼B
▼B
ANNEX I
RECOGNITION CRITERIA FOR PRODUCER ORGANIZATIONS OTHER THAN FOR
CITRUSFRUITS
Member Statesor s pecific regionsProducer organisations
Article 11(1)(a) categories(i) to
(iv)Producer organisations
Article 11(1)(a) categories(vi) and
(vii) and Article 11(3)
Minimum
number of
producersMinimum
volume
(EUR million)Minimum
number of
producersMinimum
volume
(EUR million)
Belgium, Germany, Spain
(except Balearic Islands and
Canaries), France (except over-
seas departments), Greece (1),
Italy, Netherlands, Austria,
United Kingdom (except
Northern Ireland)40 or 1,5 5 0,25
15 or 2,5
53
Denmark, Ireland, Northern
Ireland, Greece (2), Balearic and
Canary Islands, Portugal
(except Madeira and Azores)15 or 0,5
51
Finland, Sweden, Greece
(Nomoi (regions) other than
under (1) and (2))10 or 0,25
5 0,5
Greece (islands), Luxembourg,
Madeira and Azores, French
overseas departments5 0,1 5 0,1
(1)Nomoi: Imathias, Pellas, Artas, Argolidas, Korinthias, Viotias, Serron, Kavallas.
(2)Nomoi: Larisas, Magnisias, Karditsas, Evrou, Thessaloniki, Prevezas, Kilkis, Pierias, Lakonias, Kastorias.1997R0412 — EN — 01.01.2003 — 004.001 — 6
▼M4
▼B
ANNEX II
RECOGNITIONCRITERIAFORPRODUCERORGANIZATIONSFORCITRUSFRUITS
Member StatesProducer organizationsArticle 11 (1) (a) category (v)
Minimum number of produ-
cersMinimum volume (tonnes)
GREECE
Nomoi (regions) (1) 100 5 000
Nomoi (regions) (2) 50 1 500
Other 20 100
SPAIN
All regions25 2 500
Balearic Islands 25 1 200
FRANCE 20 2 000ITALY
Sicily and Calabria 100 10 000
Other 100 5 000
PORTUGAL 10 1 000
Other Member States10 100
(1)Nomoi: Piraias, Chania, Preveza, Arta, Achaia, Arkadia, Argolida.
(2)Nomoi: Korinthias, Messinia, Aitoloakarnania, Ilia, Lakonia, Thesprotia, Zakynthos, Chios.1997R0412 — EN — 01.01.2003 — 004.001 — 7
▼B
ANNEX III
1997R0412 — EN — 01.01.2003 — 004.001 — 8
▼B
1997R0412 — EN — 01.01.2003 — 004.001 — 9
▼B
1997R0412 — EN — 01.01.2003 — 004.001 — 10
▼B
1997R0412 — EN — 01.01.2003 — 004.001 — 11
▼B
1997R0412 — EN — 01.01.2003 — 004.001 — 12