Commission Regulation (EC) No 961/1999 of 6 May 1999 laying down detailed implementing rules concerning the extension of rules issued by producer organisations in the fruit and vegetable sector
Date: 1999-05-06
Institutions: European Commission
Subjects: fruit, marketing, producer organisation, production, vegetable

7. 5. 1999

EN

Official Journal of the European Communities

L 119/23

COMMISSION REGULATION (EC) No 961/1999

of 6 May 1999

laying down detailed implementing rules concerning the extension of rules
issued by producer organisations in the fruit and vegetable sector

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 organisation of the
market in fruit and vegetables (1), as amended by Regula-
tion (EC) No 857/1999 (2), and in particular Article 48
thereof,

(1) Whereas Article 18 of Regulation (EC) No 2200/96
lays down the conditions under which the rules
issued by producer organisations or associations of
such organisations in the fruit and vegetable sector
may be extended to all producers established in a
specific economic area; whereas detailed rules
should be adopted for the implementation of that
Article;

(2) Whereas Article 18(7) of Regulation (EC) No 2200/
96 requires
to be
forwarded to the Commission for approval; whereas
the Commission must be able to assess the list in
the light of Article 18(2);

the list of economic areas

(3) Whereas Article 18(1) of

the abovementioned
Regulation lays down certain conditions for the
extension of rules; whereas Article 18(3) lays down
the conditions that producer organisations and
associations of such organisations must meet in
order to be considered representative; whereas the
Commission must be able to assess compliance
with those conditions;

(4) Whereas, where the rules to be extended concern
withdrawals, producers who do not belong to
producer organisations should be able to carry out
withdrawals;

(5) Whereas Article 18(6) of

the abovementioned
Regulation lays down the conditions under which
financial contributions may be levied on producers
who do not belong to producer organisations;
whereas the Commission must be able to assess
compliance with those conditions;

(6) Whereas, where produce is sold on the tree,

it
should be made clear which rules are to be

extended to the producers and the buyers respec-
tively;

(7) Whereas Commission Regulation (EC) No 2137/

84 (3) should be repealed;

(8) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Fresh Fruit and Veget-
ables,

HAS ADOPTED THIS REGULATION:

Article 1

Notification as provided for in Article 18(7) of Regulation
(EC) No 2200/96 of the list of economic areas referred to
in Article 18(2) of that Regulation shall include all the
information needed to assess whether the conditions laid
down in Article 18(2) have been complied with.

Article 2

1. When a Member State notifies rules it has made
binding for a given product and economic area pursuant
to Article 18(5) of Regulation (EC) No 2200/96, it shall
inform the Commission at the same time of:

(a) the producer organisation or association of organ-
isations wich requested that its rules be extended;

(b) the number of producers who belong to that organ-
isation or asosciation and the total number of produ-
cers in the economic area concerned; such informa-
tion shall be given in respect of
the situation
obtaining at the time when the application for exten-
sion is made;

(c) the total production of the economic area and the
production marketed by the producer organisation or
association during the last marketing year for which
figures are available;

(d) the date from which the rules to be extended have
applied to the producer organisation or association
concerned;

(e) the date from which the extension is to take effect and

the duration of application of the extension.

(1) OJ L 297, 21.11.1996, p. 1.
(2) OJ L 108, 27.4.1999, p. 7.

(3) OJ L 196, 26.7.1984, p. 23.

L 119/24

EN

Official Journal of the European Communities

7. 5. 1999

For the purposes of determining representativeness
2.
within the meaning of Article 18(3) of Regulation (EC)
No 2200/96, the Member States shall lay down conditions
excluding:

(cid:190) producers whose production is intended essentially for
direct sale to consumers on the holding or in the
production area,

(cid:190) direct sales as referred to in the first indent,
(cid:190) produce delivered for processing as referred to in
Article 18(4)(b) of Regulation (EC) No 2200/96 except
where the rules in question apply entirely or partly to
such produce.

Article 5

Where it is decided to apply an extension for a period
exceeding one marketing year, the Member States shall
verify in respect of each marketing year that the condi-
tions with regard to representativeness laid down in
Article 18(3) of Regulation (EC) No 2200/96 continue to
be complied with throughout the period of application of
the extension. If they find that the conditions are no
longer complied with, they shall immediately repeal the
extension with effect from the beginning of the following
marketing year. They shall
immediately inform the
Commission of any such repeal, which shall be published
in the ‘C' series of the Official Journal of the European
Communities.

Article 3

Article 6

Where it is decided, pursuant to Article 18 of Regulation
(EC) No 2200/96, to extend rules on withdrawal, the
Member State concerned shall determine at the same time
which producer organisation or organisations are to be
responsible for carrying out withdrawals on behalf of
producers who do not belong to the producer organ-
isation or association concerned.

Article 4

Where a Member State decides, pursuant to Article 18(6)
of Regulation (EC) No 2200/96, that producers who do
not belong to producer organisations are liable for a
financial contribution, it shall forward to the Commission
the information needed to assess compliance with the
conditions laid down in Article 18(6). Such information
shall include in particular the basis on which the contri-
bution is calculted and the unit amount thereof, the bene-
ficiary or beneficiaries and the nature of the various costs
referred to in Article 18(6)(a) and (b).

1.
In cases where producers not belonging to a
producer organisation sell their produce on the tree, the
buyer shall, for the purposes of compliance with the rules
referred to in point 1(e) and (f) and points 3 and 5 of
Annex III to Regulation (EC) No 2200/96, be considered
as having produced that produce.

2.
The Member State concerned may decide that rules
listed in Annex III to Regulation (EC) No 2200/96 other
than those referred to in paragraph 1 may be made
binding on buyers where the latter are responsible for
management of the production concerned.

Article 7

Regulation (EEC) No 2137/84 is repealed.

Article 8

This Regulation shall enter into force on the third 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.

Done at Brussels, 6 May 1999.

For the Commission

Franz FISCHLER

Member of the Commission