Commission Regulation (EC) No 1886/2000 of 6 September 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector
Date: 2000-09-06
Institutions: European Commission
Subjects: common organisation of markets, fishery product, fishing regulations, marketing, producer organisation

7.9.2000

EN

Official Journal of the European Communities

L 227/11

COMMISSION REGULATION (EC) No 1886/2000

of 6 September 2000

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
the extension to non-members of certain rules adopted by producers' organisations in the fisheries
sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 104/2000 of 17
December 1999 on the common organisation of the markets
in fishery and aquaculture products (1), and in particular Article
7(10) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Regulation (EC) No 104/2000, which repealed Council
Regulations (EEC) No 3759/922 (2) and (EEC) No 1772/
82 (3) with effect from 1 January 2001, contains provi-
sions on an extension to non-members of rules intro-
duced by producer organisations. It is now appropriate
to fill out the framework laid down by Regulation (EC)
No 104/2000, by enacting detailed rules and by
repealing the current Regulation on this subject, namely
Commission Regulation (EEC) No 3190/82 (4),
as
amended by Regulation (EC) No 1336/95 (5).

It is necessary to define criteria for assessing the degree
of representativeness of
the producers' organisations
whose rules it is proposed to extend to non-members.
Those criteria should include both, the proportion of the
total quantities marketed of
the species concerned
accounted for by the members of the organisation and
the proportion of fishermen in the area in question who
are members of the organisation.

In order to harmonise the implementation of
these
measures, the production and marketing rules which
may be extended to non-members should be defined.
For the same purpose, the stage to which such extended
rules apply should be specified.

A minimum period of application of the rules in ques-
tion should be fixed in order to maintain a certain
stability in the conditions under which fishery products
are marketed.

Member States which decide to make obligatory the
rules adopted by a producers' organisation are obliged to
submit them to the Commission for examination. It is
necessary, therefore, to specify what information is to be
notified to the Commission.

It is necessary for Member States and the Commission to
publish information on the extension of rules which
could affect the sector.

Any amendments to the rules extended to non-members
should be subject to the same requirements as to noti-

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 388, 31.12.1992, p. 1.
(3) OJ L 197, 6.7.1982, p. 1.
(4) OJ L 338, 30.11.1982, p. 11.
(5) OJ L 129, 14.6.1995, p. 4.

fication to the Commission and publication as the orig-
inal extension.

(8)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Fishery Products,

HAS ADOPTED THIS REGULATION:

Article 1

1.
The production and marketing activities of a producers'
organisation shall be considered to be sufficiently repres-
entative in the area within which it is proposed to extend the
rules if:

(a) marketing by the producers' organisation or by its
members of the species to which the rules would apply
accounts for more than 65 % overall of
the quantities
marketed, and

(b) the number of

fishermen aboard vessels operated by
members of the producers' organisation is more than 50 %
of the total number of fishermen established in the area to
whom the rules would apply.

For the purposes of point 1(a), account shall be taken of

2.
quantities marketed during the previous marketing year.

3.
For the purpose of calculating the percentage referred to
in point 1(b), fishermen aboard vessels whose overall length is
less than or equal to 10 metres shall be taken into account in
proportion to the relation between the quantities marketed by
such fishermen and the total quantities marketed in the area in
question.

Article 2

The production and marketing rules referred to in Article
7(1)(a) of Regulation (EC) No 104/2000 shall
include the
following elements:

(a) the quality, size or weight and presentation of products

offered for sale;

(b) sampling, receptacles used for sales purposes, packaging

and labelling and the use of ice;

(c) the conditions of the first placing of the market, which may
include rules on the rational disposal of production in
order to stabilise the market.

Article 3

The minimum period of application of the rules to be extended
to non-members shall be 90 days.

L 227/12

EN

Official Journal of the European Communities

7.9.2000

Article 4

Article 6

Where a Member State decides to extend certain rules adopted
by a producers' organisation to non-members, the notification
to the Commission referred to in Article 7(3) of Regulation
(EC) No 104/2000 shall

include at least:

(a) the name and address of

the producers' organisation

concerned;

(b) all the information required to show that the organisation
is representative, particularly by reference to the criteria set
out in Article 1;

(c) the rules in question;

(d) the justification for these rules, supported by appropriate

data;

(e) the geographical area in which it is intended to make these

rules obligatory;

(f) the duration of the rules;

(g) the date of entry into force.

Article 5

Member States shall publish the rules they have decided to
make obligatory at least eight days in advance of their entry
into force.

Any modification to the rules extended to non-members shall
be subject to Articles 4 and 5.

Article 7

The Commission shall publish in the Official
the
European Communities the decisions which it takes, declaring an
extension of rules null and void pursuant to the second indent
of the second subparagraph of Article 7(3) and to Article 7(5)
of Regulation (EC) No 104/2000.

Journal of

Article 8

Regulation (EEC) No 3190/82 is hereby repealed.

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.

It shall apply from 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 September 2000.

For the Commission

Franz FISCHLER

Member of the Commission