CELEX: 52000EC1886
Language: en
Date: 2007-02-06
Title: Draft Commission Regulation (EC) No …/… of […] 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)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2006)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

  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)

                                            ê 1886/2000

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/…

                                                                      of […]

  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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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 7(10) thereof,

Whereas:

                                            ê 

   1) Commission Regulation (EC) No 1886/2000 of 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 adopted by producers' organisations in the fisheries sector[2]  has  been
      substantially amended[3]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 1886/2000 recital 2 and 1812/2001 recital 1 (adapted)

   2) It is necessary to define criteria for assessing the degree of representativeness of the producers' organisations Ö in the  catch  sector Õ
      whose rules it is proposed to extend to non-members. Those criteria should include both, the proportion of the total quantities marketed of
      the 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 organisation. Ö It is also necessary to define specific criteria in the aquaculture sector as regards representativeness. Õ

                                            ê 1886/2000 (adapted)

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

                                            ê 1886/2000

   4) A minimum period of application of the rules in question should be fixed in order to maintain a certain stability in the  conditions  under
      which fishery products are marketed.

   5) 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.

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

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

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

HAS ADOPTED THIS REGULATION:

                                            ê 1812/2001 Art. 1

                                                                    Article 1

1. The production and marketing  activities  of  a  producers'  organisation  in  the  catch  sector  shall  be  considered  to  be  sufficiently
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

(b)   the number of fishermen aboard vessels operated by 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.

2. For the purposes of paragraph 1(a), account shall be taken of quantities marketed during the previous marketing year.

3. For the purpose of calculating the percentage referred to 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.

4. The production and marketing activities of a producers' organisation in the aquaculture sector as defined in point  2.2(a)  of  Annex  III  to
Council Regulation (EC) No 2792/1999[4] 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 2

1. The production and marketing rules referred to in Article 7(1)(a) of Regulation (EC) No 104/2000 shall include the following elements:

(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.

2. In the aquaculture sector, the rules referred to in 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.

                                            ê 1886/2000

                                                                    Article 3

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

                                                                    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 the producers' organisation concerned;

(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;

(g)   the date of entry into force.

                                                                    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 Commission shall publish in the Official Journal of the 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.

                                            ê 

                                                                    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.

                                            ê 1886/2000 (adapted)

                                                                    Article 9

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

                                            ê 1886/2000

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            é

                                                                     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 1                                                            |
|Article 2                                                            |Article 2                                                            |
|Article 3                                                            |Article 3                                                            |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 6                                                            |Article 6                                                            |
|Article 7                                                            |Article 7                                                            |
|Article 8                                                            |________                                                             |
|________                                                             |Article 8                                                            |
|Article 9                                                            |Article 9                                                            |
|________                                                             |Annex I                                                              |
|________                                                             |Annex II                                                             |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 17, 21.1.2000, p. 22. Regulation as amended by the 2003 Act of Accession.
[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.
[4]   OJ L 337, 30.12.1999, p. 10.