Council Regulation (EC) No 1881/2002 of 14 October 2002 rectifying Regulation (EC) No 2200/96 relative to the starting date of the transitional period for the recognition of producer organisations
Date: 2002-10-14
Institutions: Council of the European Union
Subjects: common organisation of markets, fruit, marketing standard, producer organisation, vegetable

23.10.2002

EN

Official Journal of the European Communities

L 285/13

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1881/2002

of 14 October 2002

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 37 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social
Committee (3),

Whereas:

(1)

(2)

Pursuant to Article 13(1) of Council Regulation (EC) No
2200/96 of 28 October 1996 on the common organisa-
tion of the market in fruit and vegetables (4), a transi-
tional period of two years, starting from its date of entry
into force,
in which the provisions of Title IV of the
aforementioned Regulation would apply, was granted to
producer organisations
recognised under Regulation
(EEC) No 1035/72 (5), who did not meet the require-
ments for recognition of Regulation (EC) No 2200/96.
This two-year transitional period could be extended to
five years subject to acceptance by the relevant Member
State of an action plan presented by the producer orga-
nisation in order
requirements
provided for by Regulation (EC) No 2200/96 for being
granted recognition by that Member State.

to comply with all

the two- and five-year

Regulation (EC) No 2200/96 defines in Article 13(1) the
transitional
starting date of
periods as the date of entry into force of the Regulation,
namely 21 November 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 Regula-
tion (EC) No 2200/96 would have been meaningless
in force
since Regulation (EEC) No 1035/72 was still

(1) Proposal forwarded to the Council on 29 May 2002.
(2) Opinion delivered on 24 September 2002 (not yet published in the

Official Journal).

(3) Opinion delivered on 18 September 2002 (not yet published in the

Official Journal).

(4) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regula-

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

(5) OJ L 118, 20.5.1972, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 1363/95 (OJ L 132, 16.6.1995, p. 8).

until 31 December 1996. Instead, the starting date for
the transitional periods should have been the date of
application of Regulation (EC) No 2200/96.

(3)

It is therefore appropriate to rectify the error in Article
13(1) of Regulation (EC) No 2200/96. Since the effects
of that error could have negatively affected producer
organisations having benefitted from the said transitional
periods,
it is appropriate to apply the corresponding
provisions as from the date of application of Regulation
(EC) No 2200/96,

HAS ADOPTED THIS REGULATION:

Article 1

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

‘1.
Producer organisations recognised under Regulation
(EEC) No 1035/72 before the entry into force of this Regu-
lation 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.

L 285/14

EN

Official Journal of the European Communities

23.10.2002

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

Done at Luxembourg, 14 October 2002.

For the Council

The President

M. FISCHER BOEL