Commission Regulation (EC) No 1767/2004 of 13 October 2004 amending Regulation (EC) No 2318/2001 as regards the recognition of producer organisations in the fishery and aquaculture sector
Date: 2004-10-13
Institutions: European Commission
Subjects: EU Member State, aquaculture, fishing industry, producer organisation

L 315/28

EN

Official Journal of the European Union

14.10.2004

COMMISSION REGULATION (EC) No 1767/2004

of 13 October 2004

amending Regulation (EC) No 2318/2001 as regards the recognition of producer organisations in the
fishery and aquaculture sector

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article
6(7) thereof,

(6)

(7)

Regulation (EC) No 2318/2001 should,
amended.

therefore, be

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

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

Regulation (EC) No 2318/2001 is amended as follows:

(1)

(2)

(3)

(4)

(5)

Commission Regulation (EC) No 2318/2001 of 29
November 2001 laying down detailed rules for the appli-
cation of Council Regulation (EC) No 104/2000 as
regards the recognition of producer organisations in the
fishery and aquaculture sector (2) contains in particular
criteria for the recognition of associations of producer
organisations recognised in one Member State. These
to cover the recognition of
criteria are not sufficient
associations of producer organisations
recognised in
different Member States.

It is necessary to lay down the conditions and procedure
for the Member States’ granting of recognition to, and
withdrawal of recognition from, associations of producer
organisations recognised in different Member States in
such a way as to guarantee consistent application of
the rules governing the common organisation of
the
markets in fishery and aquaculture products.

The setting-up of associations of producer organisations
recognised in different Member States may contribute to
the general objective of achieving rational and sustainable
exploitation of
the common
fisheries policy and securing the long-term viability of
the fisheries sector.

falling under

resources

are

rules

competition

Community
to
production of and trade in fishery products in so far as
their application does neither undermine express rules
establishing the common market organisation in fishery
and aquaculture products nor jeopardise the attainment
of the objectives of the common fisheries policy.

applicable

The provisions on an extension to non-members of rules
introduced by a producer organisation laid down in
Articles 7 and 8 of Regulation (EC) No 104/2000 are
not applicable to an association of producer organi-
sations recognised in different Member States.

(1) OJ L 17, 21.1.2000, p. 22.
(2) OJ L 313, 30.11.2001, p. 9.

1. In the title the words ‘laying down detailed rules for the
application of Council Regulation (EC) No 104/2000 as
regards the recognition of producer organisations in the
fishery and aquaculture sector’ are replaced by the following:

‘laying down detailed rules for the application of Council
Regulation (EC) No 104/2000 as regards the recognition
of producer organisations and associations of producer orga-
nisations in the fishery and aquaculture sector.’

2. Article 2 is replaced by the following:

‘Article 2

A Member State may grant recognition to an asso-
recognised in that

1.
ciation of producer organisations
Member State only on condition that:

(a)

it comprises a minimum proportion of the total number
of producer organisations recognised by the Member
State concerned in a given branch; and

(b) the value of the production marketed by the association
the value of national

least 20 % of

represents at
production in that branch.

A Member State may grant recognition to an asso-
2.
ciation of producer organisations recognised in different
Member States, on condition that:

(a)

the association has
territory of that Member State;

its official headquarters on the

(b) the value of the production marketed by the association
represents a minimum proportion of the production of a
certain fishery product in a given area;

(c)

the producer organisations forming the association deal
with the fishing, production and marketing of jointly
exploited fishery resources; and

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Official Journal of the European Union

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(d) the association performs its tasks without prejudice to
the provisions governing the allocation of fishing oppor-
tunities among Member States in accordance with Article
20 of Council Regulation (EC) No 2371/2002 of 20
December 2002 on the conservation and sustainable
exploitation of
fisheries resources under the common
fisheries policy (1).

3.
The Member State hosting the official headquarters of
the association shall set up, in collaboration with the other
Member States concerned,
the administrative cooperation
needed to ensure that the conditions for recognition are
respected and to carry out checks on the activities of the
association. Such administrative cooperation shall also cover
the withdrawal of recognition.

An association of producer organisations may not hold
4.
a dominant position on a given market unless necessary in
pursuance of the goals of Article 33 of the Treaty.

Articles 3, 4, 5, 6 and 7 of Regulation (EC) No
5.
2318/2001 shall apply mutatis mutandis to the associations
of producer organisations recognised in one and more than
one Member State.

Article 2(2) of Commission Regulation (EC) No
6.
908/2000 shall not apply to the associations of producer
organisations recognised in different Member States.’

Article 2

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

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

Done at Brussels, 13 October 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 358, 31.12.2002, p. 59.