Commission Regulation (EC) No 1813/2001 of 14 September 2001 laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the conditions for, the grant of and the withdrawal of recognition of interbranch organisations
Date: 2001-09-14
Institutions: European Commission
Subjects: application of EU law, fishing industry, producer organisation, professional association

15.9.2001

EN

Official Journal of the European Communities

L 246/7

COMMISSION REGULATION (EC) No 1813/2001

of 14 September 2001

laying down the detailed rules for the application of Council Regulation (EC) No 104/2000 as
regards the conditions for, the grant of and the withdrawal of recognition of interbranch
organisations

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

marketed by the members of each of the branches represented
by that organisation in the region in question.

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 13(7) thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 13 of Regulation (EC) No 104/2000 lays down in
particular that interbranch organisations in the fisheries
and aquaculture sector may be recognised where they
cover a significant share of
the quantities produced,
processed or marketed by the members of each branch
concerned, in the region in question. In order to guar-
antee a balanced territorial presence, interbranch organ-
isations must attain a minimum level of representative-
ness in each region covered, if they operate in more than
one region.

The information that the interbranch organisations must
supply to the Member State for the purposes of recogni-
tion must be specified.

Member States should be required to carry out checks
on the activities of interbranch organisations and inform
the Commission, at regular intervals, whether or not
those organisations meet the conditions for recognition.

Certain aspects of the procedure whereby a Member
State grants, refuses or withdraws recognition of inter-
branch organisations need to be defined.

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

HAS ADOPTED THIS REGULATION:

2. Where an interbranch organisation is active in several
regions,
the quantities
produced, processed or marketed in each of the regions in
question.

it must represent at

least 20 % of

Article 2

Applications for recognition of an interbranch organisation,
addressed to the Member State, shall contain at least informa-
tion concerning the following:

(a) compliance with the terms of representativeness referred to

in Article 1;

(b) the rules of the organisations or associations which consti-

tute that organisation;

(c) the rules governing the constitution of the interbranch

organisation;

(d) details of the activities carried out by the members of that
organisation in accordance with Article 13(1)(d) of Regula-
tion (EC) No 104/2000;

(e) the geographical area in which the interbranch organisation

operates.

The interbranch organisation shall also send the Member State
all other documents and background information required for
an understanding of its activities.

Article 3

Pursuant to Article 13(3)(b) of Regulation (EC) No 104/
1.
2000, the Member States shall carry out a check at least once a
year, and particularly for the purposes of submitting an annual
activity report,
interbranch organisations
comply with the terms and conditions for recognition.

to ascertain that

2. Member States shall transmit to the Commission a report
on the checks referred to in paragraph 1, within no more than
two months of their completion.

Article 1

Article 4

1.
An interbranch organisation shall be considered to be
representative at a regional level within the meaning of Article
13(1)(b) of Regulation (EC) No 104/2000 where it accounts for
at least one third of the quantities produced, processed or

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 132, 15.5.2001, p. 10.

1. Where recognition is refused or withdrawn, reasons shall
be given for the Member State's decision.

2. Where it is planned to withdraw recognition, the Member
State shall notify that intention together with the reasons for
the withdrawal to the interbranch organisation, requesting it to
submit its observations within a specified period.

L 246/8

EN

Official Journal of the European Communities

15.9.2001

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of
the European Communities.

Article 5

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