Commission Regulation (EC) No 1812/2001 of 14 September 2001 amending Regulation (EC) No 1886/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector
Date: 2001-09-14
Institutions: European Commission
Subjects: common organisation of markets, fishery product, fishing regulations, marketing, producer organisation

15.9.2001

EN

Official Journal of the European Communities

L 246/5

COMMISSION REGULATION (EC) No 1812/2001

of 14 September 2001

amending Regulation (EC) No 1886/2000 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), as amended by
Commission Regulation (EC) No 939/2001 (2), and in partic-
ular Article 7(10) thereof,

Whereas:

(1)

(2)

(3)

(4)

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 (3) contains in particular criteria for assessing the
degree of representativeness of producers' organisations
in the catch sector that are not suitable for the aquacul-
ture sector. It is therefore necessary to define specific
criteria in that sector as regards representativeness.

the features of

Taking into account
the aquaculture
sector, it also seems appropriate that the production and
marketing rules in that sector be clearly defined in that
Regulation.

Regulation (EC) No 1886/2000 should therefore be
amended.

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

be sufficiently representative 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 which may be extended
would apply.

For the purposes of point 1(a), account shall be taken
2.
of 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 quant-
ities marketed by such fishermen and the total quantities
marketed in the area in question.

4.
The production and marketing activities of a produ-
cers' organisation in the aquaculture sector as defined in
point 2.2(a) of Annex III to Council Regulation (EC) No
2792/1999 (*) shall be considered to be sufficiently repres-
entative in the area within which it is proposed to extend
the rules if production by the producers' organisation or by
its members of the species to which the rules would apply
accounts for more than 40 % of the quantities produced.

5.
For the purpose of applying point 4, account shall be
taken of quantities produced during the previous marketing
year.

HAS ADOPTED THIS REGULATION:

Article 2

Article 1

Articles 1 and 2 of Regulation (EC) No 1886/2000 are replaced
by the following:

‘Article 1

The production and marketing activities of a produ-
1.
cers' organisation in the catch sector shall be considered to

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 132, 15.5.2001, p. 10.
(3) OJ L 227, 7.9.2000, p. 11.

1.
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, pack-

aging 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 produc-
tion in order to stabilise the market.

L 246/6

EN

Official Journal of the European Communities

15.9.2001

In the aquaculture sector, the rules referred to in paragraph 1 may contain measures concerning
2.
the placement of juveniles or intervention at other stages of the life cycle of the aquaculture species to
which the rules would apply, and, in particular, provisions on the harvesting or storage, including the
freezing, of any surplus production.

(*) OJ L 337, 30.12.1999, p. 10.’

Article 2

This Regulation shall enter into force on the seventh 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, 14 September 2001.

For the Commission

Franz FISCHLER

Member of the Commission