Commission Regulation (EC) No 696/2008 of 23 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector (Codified version)
Date: 2008-07-23
Institutions: European Commission
Subjects: aquaculture, codification of EU law, fishery produce, fishing regulations, marketing, producer organisation

L 195/6

EN

Official Journal of the European Union

24.7.2008

COMMISSION REGULATION (EC) No 696/2008

of 23 July 2008

laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards
the extension to non-members of certain rules adopted by producers' organisations in the fisheries
sector

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

stability in the conditions under which fishery products
are marketed.

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 104/2000 of
the
17 December 1999 on the common organisation of
markets in fishery and aquaculture products (1), and in particular
Article 7(10) thereof,

Whereas:

(1)

(2)

(3)

(EC) No

1886/2000

of
Commission Regulation
6 September 2000 laying down detailed rules for the
application of Council Regulation (EC) No 104/2000 as
regards the extension to non-members of certain rules
in the fisheries
adopted by producers' organisations
sector (2) has been substantially amended (3).
In the
interests of clarity and rationality the said Regulation
should be codified.

It is necessary to define criteria for assessing the degree
of representativeness of the producers' organisations in
the catch sector whose rules it is proposed to extend to
non-members. Those criteria should include both the
the
proportion of
species concerned accounted for by the members of
the organisation and the proportion of
fishermen in
the area in question who are members of the organisa­
tion. It is also necessary to define specific criteria in the
aquaculture sector as regards representativeness.

the total quantities marketed of

In order
to harmonise the implementation of
these
the production and marketing rules which
measures,
may be extended to non-members in the catch and aqua­
culture sectors should be defined. For the same purpose,
the stage to which such extended rules apply should be
specified.

(5)

(6)

(7)

(8)

Member States which decide to make obligatory the rules
adopted by a producers' organisation are obliged to
submit them to the Commission for examination. It is
necessary, therefore, to specify what information is to be
notified to the Commission.

It is necessary for Member States and the Commission to
publish information on the extension of rules which
could affect the sector.

Any amendments to the rules extended to non-members
should be subject to the same requirements as to notifi­
cation to the Commission and publication as the original
extension.

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

HAS ADOPTED THIS REGULATION:

Article 1

1.
The production and marketing activities of a producers'
organisation in the catch sector shall be considered to be suf­
ficiently representative in the area within which it is proposed
to extend the rules if:

(a) marketing by the producers' organisation or by its members
of the species to which the rules would apply accounts for
more than 65 % overall of the quantities marketed; and

(4)

A minimum period of application of
in
question should be fixed in order to maintain a certain

the rules

(1) OJ L 17, 21.1.2000, p. 22. Regulation as last amended by Regu­

lation (EC) No 1759/2006 (OJ L 335, 1.12.2006, p. 3).

(2) OJ L 227, 7.9.2000, p. 11. Regulation as amended by Regulation

(EC) No 1812/2001 (OJ L 246, 15.9.2001, p. 5).

(3) See Annex I.

fishermen aboard vessels operated by
(b) the number of
members of
the producers' organisation is more than
50 % of the total number of fishermen established in the
area to whom the rules which may be extended would
apply.

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For the purposes of paragraph 1(a), account shall be taken

2.
of quantities marketed during the previous marketing year.

For the purpose of calculating the percentage referred to
3.
in paragraph 1(b),
fishermen aboard vessels whose overall
length is less than or equal to 10 metres shall be taken into
account in proportion to the relation between the quantities
marketed by such fishermen and the total quantities marketed
in the area in question.

The production and marketing activities of a producers'
4.
organisation in the aquaculture sector as defined in Article 3(d)
of Council Regulation (EC) No 1198/2006 (1)
shall be
considered to be sufficiently representative in the area within
which it is proposed to extend the rules if production by the
producers' organisation or by its members of the species to
which the rules would apply accounts for more than 40 % of
the quantities produced.

5.
For the purpose of applying paragraph 4, account shall be
taken of quantities produced during the previous marketing
year.

Article 4

Where a Member State decides to extend certain rules adopted
by a producers' organisation to non-members, the notification
to the Commission referred to in Article 7(3) of Regulation (EC)
No 104/2000 shall include at least:

(a)

the name and address of
concerned;

the producers' organisation

(b) all the information required to show that the organisation is
representative, particularly by reference to the criteria set
out in Article 1 of this Regulation;

(c)

the rules in question;

(d) the justification for the rules, supported by appropriate data;

(e)

the geographical area in which it is intended to make the
rules obligatory;

(f)

the duration of the rules;

Article 2

(g) the date of entry into force.

The production and marketing rules

1.
Article 7(1)(a) of Regulation (EC) No 104/2000 shall
the following elements:

referred to in
include

(a)

the quality, size or weight and presentation of products
offered for sale;

(b) sampling, receptacles used for sales purposes, packaging and

labelling and the use of ice;

(c)

the conditions of the first placing on the market, which may
include rules on the rational disposal of production in order
to stabilise the market.

the

rules

In the aquaculture

2.
referred to in
sector,
paragraph 1 may contain measures concerning the placement
of juveniles or intervention at other stages of the life cycle of
the aquaculture species to which the rules would apply, and, in
particular, provisions on the harvesting or storage, including the
freezing, of any surplus production.

Article 3

Article 5

Member States shall publish the rules they have decided to
make obligatory at least eight days in advance of their entry
into force.

Article 6

Any modification to the rules extended to non-members shall
be subject to Articles 4 and 5.

Article 7

the
The Commission shall publish in the Official
European Union its decisions declaring an extension of rules
null and void pursuant to the second indent of the second
subparagraph of Article 7(3) and to Article 7(5) of Regulation
(EC) No 104/2000.

Journal of

Article 8

Regulation (EC) No 1886/2000 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

The minimum period of application of the rules to be extended
to non-members shall be 90 days.

Article 9

(1) OJ L 223, 15.8.2006, p. 1.

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

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

Done at Brussels, 23 July 2008.

For the Commission
The President

José Manuel BARROSO

ANNEX I

Repealed Regulation with its amendment

Commission Regulation (EC) No 1886/2000

(OJ L 227, 7.9.2000, p. 11)

Commission Regulation (EC) No 1812/2001

(OJ L 246, 15.9.2001, p. 5)

ANNEX II

Correlation Table

Regulation (EC) No 1886/2000

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

—

Article 9

—

—

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

—

Article 8

Article 9

Annex I

Annex II