Commission Regulation (EC) No 1924/2000 of 11 September 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the grant of specific recognition to producers' organisations in the fisheries sector in order to improve the quality of their products
Date: 2000-09-11
Institutions: European Commission
Subjects: aquaculture, common organisation of markets, fishery product, producer organisation, product quality

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12.9.2000

EN

Official Journal of the European Communities

L 230/5

COMMISSION REGULATION (EC) No 1924/2000

of 11 September 2000

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
the grant of specific recognition to producers' organisations in the fisheries sector in order to
improve the quality of their products

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

following information:

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 market in
fishery and aquaculture products (1), and in particular Article
12(5) thereof,

Whereas:

Regulation (EC) No 104/2000, which repealed Council
Regulations (EEC) No 3759/92 (2) and (EEC) No 1772/
82 (3) with effect from 1 January 2001, provides that
specific recognition may be granted to producers' organ-
isations which implement a plan to improve the quality
of their products. The conditions concerning specific
recognition set out in that Regulation have been modi-
fied from the previous legal framework and so it is
appropriate to enact detailed rules and to repeal the
existing Regulation on this subject, namely Commission
Regulation (EC) No 2636/95 (4).

1. a list of

the products marketed by them or by their
members in accordance with the common rules laid down
by the organisation and which are subject to a plan to
improve their quality;

2. details of the plan to improve the quality of those products;
the plan shall include as a minimum the following details:

— a reminder of the objectives targeted by the plan as
outlined in the first two indents of Article 12(2) of
Regulation (EC) No 104/2000,

— a description of the measures that will be implemented

at each stage of production and marketing,

— a summary of

the preparatory studies emphasising
notably the existing standard of quality of the products
in question, the deficiencies of the present system and
the proposed methods to improve these deficiencies.
These methods shall include training and the application
of appropriate techniques and know-how;

It is necessary to define the products from aquaculture,
which benefit from the plan to improve quality.

3. a permanent system of evaluation and monitoring for

ensuring that the plan meets the objectives sought;

The information to be provided by the producers' organ-
isations and certain aspects of
the procedure for a
decision to grant, withdrawal or refuse recognition by
the Member should be laid down.

The conditions for withdrawing or refusing specific
recognition need to be laid down.

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

The aquaculture products referred to in Article 12(1) of Regula-
tion (EC) No 104/2000 shall be those products defined by
Annex III, paragraph 2(2)(a), to Council Regulation (EC) No
2792/1999 (5).

Article 2

Producers' organisations which seek specific recognition shall
forward to the competent authorities in the Member State the

(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 271, 14.11.1995, p. 8.
(5) OJ L 337, 30.12.1999, p. 10.

4. the forecast budget for implementing the plan over three

years.

Article 3

1. Within 30 days following receipt of a plan submitted by
a producers' organisation the Member State shall forward to
the Commission a full copy thereof.

2. Where the Commission rejects the plan within the period
specified in Article 12(3) of Regulation (EC) No 104/2000, the
Member State cannot grant specific recognition to the produ-
cers' organisation which submitted the plan. Where the
Commission requests changes to a plan, the Member State
concerned may approve the plan and grant specific recognition
provided that the changes requested have been made.

The Member State shall notify the producers' organisation
3.
of its decision in writing not later than 30 days after the expiry
of the period specified in Article 12(3) of Regulation (EC) No
104/2000. Where specific recognition is refused, reasons shall
be given for the Member State's decision.

4. Where it is planned to withdraw specific recognition, that
intention together with the reasons for the withdrawal shall be
notified by the Member State to the producers' organisation at
least two weeks prior to such withdrawal.

L 230/6

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Official Journal of the European Communities

12.9.2000

5. Member States shall inform the Commission within two
months of any decision to grant, withdraw or refuse specific
recognition and the reasons for any withdrawal or refusal.

(b) where a producers' organisation fails to fulfil its obligations
under this Regulation or Article 12 of Regulation (EC) No
104/2000.

Article 4

1. Withdrawal by a Member State of recognition from a
producers' organisation pursuant to Article 6(1)(b) of Regula-
tion (EC) No 104/2000 shall also entail the withdrawal of any
specific recognition that has been granted to that producers'
organisation.

2. Member States may refuse or withdraw specific recogni-
tion under the following cases:

(a) where a producers' organisation fails to forward to the
Member State the information required for monitoring its
activities; or

3.
Specific recognition shall be immediately withdrawn with
retroactive effect where the organisation to which it has been
granted has used it or benefits from it fraudulently. In such
cases, any aid granted under Article 15(1)(b) of Regulation (EC)
No 2792/1999 shall be recovered by the Member State.

Regulation (EC) No 2636/95 is hereby repealed.

Article 5

Article 6

This Regulation shall enter into force on the seventh day
following 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, 11 September 2000.

For the Commission

Franz FISCHLER

Member of the Commission