Proposal for a Council Regulation correcting Regulation (EC) No 2200/96 relative to the starting date of the transitional period for the recognition of producer organisations
Date: 2002-05-28
Institutions: European Commission
Subjects: common organisation of markets, fruit, market intervention, marketing standard, producer organisation, vegetable

C 227 E/342

EN

Official Journal of the European Communities

24.9.2002

Proposal for a Council Regulation correcting Regulation (EC) No 2200/96 relative to the starting
date of the transitional period for the recognition of producer organisations

(2002/C 227 E/08)

COM(2002) 252 final — 2002/0111(CNS)

(Submitted by the Commission on 29 May 2002)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of the Economic and Social
Committee,

was still in force until 31 December 1996 and, in lieu, the
beginning date for said periods should have been the date
of application of Regulation (EC) No 2200/96.

(3) It is therefore appropriate to correct said error in Article
13(1) of Regulation (EC) No 2200/96. Since the effects of
the error in Article 13(1) could have negatively affected
producer organisations having benefited from said transi-
tional periods, it is appropriate to apply the corresponding
provisions as from the date of entry into force of Regu-
lation (EC) No 2200/96,

HAS ADOPTED THIS REGULATION:

Article 1

Article 13(1) of Regulation (EC) No 2200/96 is replaced by:

‘1. Producer organisations recognised under Regulation (EEC)
No 1035/72 before the entry into force of this Regulation
and which are unable to qualify for recognition under
Article 11 of this Regulation without a transitional period
may continue to operate under the provisions of Title IV
for two years as from 1 January 1997, provided that they
remain in compliance with the requirements of the said
articles of Regulation (EEC) No 1035/72.’

Article 2

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

It shall apply as from the date of entry into force of Regulation
(EC) No 2200/96.

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

Whereas:

the market

(1) Pursuant to Article 13(1) of Council Regulation (EC) No
2200/96 of 28 October 1996 on the common organisation
in fruit and vegetables (1), a transitional
of
period of two years, starting from its date of entry into
force, in which the provisions of Title IV of the aforemen-
tioned Regulation would apply, was granted to producer
organisations recognised under Council Regulation (EEC)
No 1035/72 of 18 May 1972 on the common organisation
of the market in fruit and vegetables (2), who did not meet
the requirements for recognition of Regulation (EC) No
2200/96. This
transitional period could be
extended to five years upon acceptance by the relevant
Member State of an action plan presented by the
producer organisation in order
to comply with all
by Regulation (EC) No
requirements provided
2200/96 for being granted recognition by the Member
State

two-year

for

the two- and five-year

(2) Regulation (EC) No 2200/96 defines in Article 13(1) the
transitional
beginning date of
periods as the period of entry into force of the Regulation
(21.11.1996). This date is the result of an error; as a matter
of fact, eligibility for transitional measures as from the date
of entry into force of Regulation (EC) No 2200/96 would
have been meaningless since Regulation (EEC) No 1035/72

(1) OJ L 297, 21.11.1996, p. 1. Regulation last amended by Regulation

(EC) No 545/2002 (OJ L 84, 28.3.2002, p. 1).

(2) OJ L 118, 20.5.1972, p. 1. Regulation last amended by Commission

Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 1).