Commission Regulation (EC) No 223/2008 of 12 March 2008 laying down conditions and procedures for the recognition of producer organisations of silkworm rearers
Date: 2008-03-12
Institutions: European Commission
Subjects: administrative formalities, producer organisation, sericulture

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COMMISSION REGULATION (EC) No 223/2008

of 12 March 2008

laying down conditions and procedures for the recognition of producer organisations of silkworm
rearers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

product, promoting the rationalisation and mechani-
sation of production.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri-
cultural markets and on specific provisions for certain agri-
cultural products (Single CMO Regulation) (1), and in particular
Article 127 in conjunction with Article 4 thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Council Regulation (EEC) No 707/76 of 25 March 1976
on the recognition of producer groups of silkworm
rearers (2) is to be repealed from 1 April 2008 under
Article 201(1)(b) of Regulation (EC) No 1234/2007.

Certain conditions and obligations laid down in Regu-
lation (EEC) No 707/76 have not been incorporated in
Regulation (EC) No 1234/2007.

In order to enable the silkworm sector to continue to
function properly and in the interest of clarity and ratio-
nalisation a new Regulation should be adopted laying
down those conditions and obligations as well as the
current implementing rules laid down in Commission
Regulation (EEC) No 822/76 of 7 April 1976 on the
conditions and the procedures for the recognition of
producer groups of silkworm rearers (3).

Regulation (EEC) No 822/76 should therefore be
repealed.

The new Regulation should apply from the date of repeal
of Regulation (EEC) No 707/76.

Article 122 of Regulation (EC) No 1234/2007 provides
for the recognition in the silkworm sector of producer
organisations which pursue a specific aim, which may in
particular relate to concentrating supply and marketing
the produce of the members, adapting production jointly
to the requirements of the market and improving the

(7)

(8)

(9)

(10)

the unity and effectiveness of

To avoid any discrimination between producers and
ensure
any action
undertaken, conditions and procedures for the recog-
nition of producer organisations in the silkworm sector
throughout
should be
the
applicable
Community; producer organisations
should comply
with those conditions and procedures to qualify for
recognition by the Member States.

down,

laid

possible

The recognition of producer organisations should be
linked to the evidence of economic activity on an
adequate scale related to the production and marketing
in the silkworm sector, while derogations should be
made
low production.
in regions with
However, since the number of silkworm producers has
considerably decreased in the last few years, the threshold
of the minimum number of producers required to form a
recognised producer organisation,
fixed in Regulation
(EEC) No 822/76, should be significantly reduced.

The provisions relating to the procedure for the granting
and withdrawal of recognition should be amplified by
specifying the information to be supplied when the appli-
cation is lodged.

the information of Member States and parties
For
concerned, a list should be published at the beginning
of each year, of the groups which were recognized during
the previous year and of those from whom recognition
was withdrawn during the same period.

(11)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

1. Member States shall recognise producer organisations of
silkworm rearers which:

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 84, 31.3.1976, p. 1.
(3) OJ L 94, 9.4.1976, p. 19.

(a) request recognition;

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(b) fulfil the general conditions laid down in Article 122 of

Regulation (EC) No 1234/2007;

of a member or to preclude a member from with-
drawing from membership in the
the
financial year;

course of

(c)

fulfil the specific conditions laid down in Article 2 of this
Regulation.

2.
The competent authority for the recognition of a producer
organisation shall be the authority of the Member State within
whose territory the producer organisation has its registered
office.

Article 2

(g) keep separate accounts for the activities in respect of which

they have been recognised.

In accordance with the procedure

2.
referred to in
Article 195(2) of Regulation (EC) No 1234/2007, a Member
State may be authorized, on request, to recognise in a region
of low production an organisation which does not satisfy the
condition set out in paragraph 1(b) of this Article.

In order to obtain recognition, producer organisations

1.
must:

Article 3

(a)

include in their activities the production and marketing of
silkworm cocoons;

(b) include at least 50 producers who use or undertake to use
at least 2 500 boxes during the marketing year in which
recognition is granted;

(c) exclude,

throughout

their field of activity, any discrimi-
nation whatsoever between Community silkworm rearers
in respect of inter alia their nationality or place of estab-
lishment;

(d) have legal personality or sufficient legal capacity to enjoy
to obligations in accordance with

rights and be subject
national law;

(e) have no members other than silkworm rearers;

(f)

include in their rules the following obligations for members:

(i) to market, that is sell to the wholesale trade or to the
user
their production through the
producer organisation, subject to the possibility of a
derogation in respect of certain quantities;

industries,

all

(ii) to apply, in respect of production and marketing, the
rules adopted by the organisation designed to adapt the
volume of supply and the quality of the product to
market requirements;

(iii) not to leave the organisation until after having been a
member for at least three years since the organisation
least one year’s
was recognised and after giving at
notice, without prejudice
to any provisions of
law designed to protect the organisation or
national
its creditors,
in specified cases, against any financial
consequences which might result from the withdrawal

Producer organisations shall submit with their applications for
recognition the following documents and information:

(a)

the statute of the organisation;

(b) the names of persons authorized to act in the name of and

on behalf of the organisation;

(c) a list of the activities justifying the application for recog-

nition;

(d) proof that the provisions of Article 2(1)(b) or Article 2(2)

have been complied with;

(e)

the rules adopted pursuant
particular those relating to the drying of cocoons.

to Article 2(1)(f)(ii) and in

Article 4

1. Member States shall decide on applications for recognition
within two months of their receipt.

2. Member States shall
inform the Commission of
decisions within two months and indicate reasons if
refuse applications.

their
they

Article 5

1. Member States shall exercise continuous supervision to
ensure that recognised organisations satisfy the conditions for
recognition.

2. Member States shall withdraw recognition of an organi-
sation if the conditions laid down for recognition are no longer
satisfied or if recognition was based on incorrect information.
They shall withdraw with retroactive effect recognition obtained
or enjoyed fraudulently.

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3. Where a Member State withdraws recognition of an orga-
nisation it shall
inform the Commission thereof within two
months and indicate its reasons therefore.

Article 7

Regulation (EEC) No 822/76 is repealed.

Article 6

At the beginning of each year the Commission shall publish in
the Official
Journal of the European Union C series the list of
organisations which were recognised during the previous year
and the list of organisations from which recognition was
withdrawn during the previous year.

Article 8

This Regulation shall enter into force on the third day following
the European
that of
Union.

its publication in the Official

Journal of

It shall apply from 1 April 2008.

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

Done at Brussels, 12 March 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission