Opinion of the Economic and Social Committee on the "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" (COM(2002) 252 final — 2002/0111 (CNS))
Date: 2002-09-18
Institutions: European Economic and Social Committee
Subjects: common organisation of markets, fruit, producer organisation, vegetable

C 61/52

EN

Official Journal of the European Union

14.3.2003

— the EESC would also point to the lack of a strategic
discussion of the aspirations to be pursued, and hence
the objectives to be set for European soil;

— future proposals for practical measures to improve soil
protection should incorporate action covering education,
information and suitable penalty arrangements;

— future proposals for measures should be based on an
assessment of the threats applicable to different EU
regions, including the applicant countries;

— future proposals for monitoring systems should be linked
up with ongoing measures so as to provide better
justification and give a detailed account of national
monitoring systems;

— soil differs from the air or water, which are mobile
elements. Soil has an owner, and the strategy must take
account of the right of ownership;

— a balanced description of the threats involved is important
in all circumstances so as to enlist the support of all
players for the initiative.

Brussels, 18 September 2002.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘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’

(COM(2002) 252 final — 2002/0111 (CNS))

(2003/C 61/10)

On 15 July 2002 the Council decided to consult the Economic and Social Committee, under Article 37
of the Treaty establishing the European Community, on the above-mentioned proposal.

The Section for Agriculture, Rural Development and the Environment, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 29 August 2002. The rapporteur
was Mr de las Heras Cabañas.

At its 393rd Plenary Session (meeting of 18 September 2002), the Economic and Social Committee
adopted the following opinion with 129 votes in favour and three abstentions.

1.

Introduction

The proposal

for a Council Regulation modifies
1.1.
Article 13 of Regulation (EC) No 2200/96 (1) concerning
producer organisations (POs) recognised under Regulation
(EEC) No 1035/72 (2) but which, on the date of entry into
force of Regulation (EC) No 2200/96, were unable to qualify
for immediate recognition under the latter. Article 13 of
Regulation (EC) No 2200/96 therefore allows these POs to

( 1) OJ L 297, 21.11.1996.
( 2) OJ L 118, 20.5.1972.

continue operating for a transitional period of two years,
extendable to five if the PO submits an action plan. These
transitional periods are calculated from the date of entry into
force of this regulation, i.e. 21 November 1996.

1.2.
The modification proposed by the Commission is
intended to correct an error in the starting dates of these
transitional periods, postponing them until 1 January 1997 —
the date of application of Regulation (EC) No 2200/96 — in
order to avoid any negative repercussions on the rights of the
POs concerned and safeguard the legal security of their actions.

14.3.2003

EN

Official Journal of the European Union

C 61/53

2. General comments

The Committee wishes to point out the general issues
2.1.
affecting producer organisations, which are still the corner-
the common market organisation for fruit and
stone of
vegetables since the 1996 reform has not fully met
its
objectives of organising and grouping supply, and improving
the efficiency of POs in response to increasingly concentrated
distribution.

Incentives are therefore needed to encourage the
2.2.
setting-up of and cooperation between POs, and to encourage
POs to merge and form associations.

2.3.
To provide incentives for forming and joining associ-
ations, and improve the efficiency of POs, the recognition
criteria should be adapted and producers involved in running
and monitoring POs.

An analysis is therefore needed of existing obstacles in
2.4.
producer regions and possible incentives through specific
programmes to encourage more farmers to join POs volun-
tarily, thus increasing their size.

3. Specific comments

in correcting the error in the starting date of the transitional
period for the recognition of POs recognised under Regulation
(EEC) No 1035/72 but which, on the date of entry into force
of Regulation (EC) No 2200/96, were unable to qualify for
immediate recognition.

The ‘a posteriori’ modification of the Regulation is
3.2.
retroactive and may give rise to discriminatory treatment
between POs which complied with the provisions in force and
did not carry out the withdrawals to which they would be
entitled under the proposed correction, and those POs who
did carry out such withdrawals.

3.3. With this correction it will not be possible to alleviate
the negative repercussions on POs’ attempts to qualify for
recognition in the allowed time or potential logistical problems
owing to the lack of continuity between action plans and
operational programmes.

4. Conclusions

4.1.
The Committee welcomes the spirit of the Com-
mission’s proposal but questions its advisability, owing to the
fact that it establishes the principle of discriminatory treatment
between POs and will not alleviate the potential negative
effects for POs affected by the delay in correcting the error.

The Committee welcomes the spirit of the Com-
3.1.
mission’s proposal but points out that both transitional periods
have now ended. It therefore regrets the Commission’s delay

The Committee calls on the Commission to present
4.2.
short-term proposals to adapt the common market organis-
ation, based on the guidelines set out in this opinion.

Brussels, 18 September 2002.

The President

of the Economic and Social Committee

Göke FRERICHS