CELEX: 31971R0170
Language: en
Date: 1971-01-26 00:00:00
Title: Regulation (EEC) No 170/71 of the Council of 26 January 1971 on the recognition of producers' organisations in the fishing industry

Official Journal of the European Communities                                        41
29.1.71                              Official Journal of the European Communities                              No L 23 / 11
                                  REGULATION (EEC) No 170/71 OF THE COUNCIL
                                                   of 26 January 1971
                        on the recognition of producers' organisations in the fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                       fishery products, recognition of producers'
                                                                 organisations should not be extended to activities
Having regard to the Treaty establishing the                     which go beyond the first marketing stage;
European Economic Community;
                                                                "Whereas recognition should be withdrawn when a
Having regard to Council Regulation (EEC) No                    producers' organisation no longer fulfils the required
2142/701 of 20 October 1970 on the common                        conditions ;
organisation of the market in fishery products, and in          Whereas, at the beginning of each year, a list of the
particular Article 5 (2) thereof;                                organisations recognised during the previous year
                                                                 and those from which recognition has been
Having regard to the proposal from the Commission;               Withdrawn during the same period should be
                                                                 published for the information of Member States and
Whereas the authorities of the Member State on                   all concerned;
whose territory the producers' organisations referred
to in Article 5 ( 1 ) of Regulation No 2142/70 have              HAS ADOPTED THIS REGULATION :
their registered office are in a better position than
Community institutions to check that these
organisations fulfil the conditions laid down for their                                    Article 1
recognition;
                                                                 1 . The Member State on whose territory a
Whereas effective concentration of supply can be                producers' organisation has its registered office in
achieved only by the formation of producers'                     accordance with that Member State's legislation shall
organisations which operate on a sufficiently large              be competent to grant and withdraw recognition of
scale;                                                           producers' organisations within the meaning of
Whereas     producers'     organisations      should   be        Article 5 ( 1 ) of Regulation (EEC) No 2142/70.
prevented from discriminating between Community
producers or groups of producers on grounds of                   2.     Member      States   shall   recognise  producers'
nationality or place of establishment; whereas any               organisations applying for recognition if they fulfil
                                                                 the conditions listed in Article 2 and if their activities
discrimination based on the location of registered
offices between organisations within one economic                cover one or more of the products falling within
area must also be prohibited;                                    headings Nos 03.01 to 03.03 of the Common Customs
                                                                 Tariff (excluding products smoked elsewhere than on
Whereas, in the interests of producer members, only              fishing vessels).
those forms of association which are sufficiently
integrated should be encouraged;                                                           Article 2
Whereas the keeping of separate accounts within the              1.     Producers' organisations must, in so far as the
producers' organisations may facilitate assessment of            product or products for which they             apply for
the amount of aid to be granted;                                recognition are concerned, comply               with the
                                                                 conditions laid down in Article 5 ( 1 ) of    Regulation
Whereas, in order to avoid any distortion of                     (EEC) No 2142/70 and with the                   following
competition in the marketing and processing of                   requirements :
                                                                 ( a) they must show that they are sufficiently active
  OJ No L 236, 27.10.1970, p . 5 .                                    economically;
 ---pagebreak--- 42                                    Official Journal of the European Communities
(b) they must not discriminate between Community                                        Article 3
     producers or groups of producers within an
     economic area, particularly on grounds of                   The procedure for the granting and withdrawal of
     nationality or place of establishment;                      recognition shall be fixed in accordance with the
                                                                 procedure laid down in Article 29 of Regulation
(c) they must have the necessary legal status under              (EEC) No 2142/70.
     national legislation : '
                                                                                        Article 4
(d) they must include in their rules :
                                                                 Recognition of a producers' organisation shall be
     — the obligation to keep separate accounts for              withdrawn if the conditions set out in Article 2 are
          the activities for which recognition is granted ;      no longer fulfilled or if recognition is based on false
                                                                 information; if the organisation obtained or benefits
     — provisions to ensure that members wishing to              from recognition by fraudulent means recognition
         leave the organisation are free to do so                shall be withdrawn retroactively.
         provided that they notify the organisation of
          their intention at least one year in advance.
                                                                                        Article 5
2. The following shall be adopted in accordance                  Where a Member State grants or withdraws
with the procedure laid down in Article 29 of                    recognition of a producers' organisation, it shall so
Regulation (EEC) No 2142/70 :                                    inform the Commission within two months .
— the substance of the obligation referred to in the
                                                                                        Article 6
    first indent of the second subparagraph of Article
    5 ( 1 ) of Regulation (EEC) No 2142/70 which
    obligation shall not however extend beyond the               At the beginning of each year the Commission shall
    first marketing stage;                                       publish a list of the producers' organisations
                                                                 recognised during the previous year and those from
— the criteria with which the common production                  which recognition has been withdrawn during the
    and marketing rules referred to in the second                same period in the Official Journal of the European
                                                                 Communities.
    indent of the second subparagraph of Article 5 (1 )
    of that Regulation must comply;
                                                                                        Article 7
— the minimum output of the product or group of
    products concerned of which the producers'                   This Regulation shall enter into force on the third
    organisations must produce evidence to comply                day following its publication in the Official journal
    with the condition set out in paragraph 1 (a).               of the European Communities.
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 26 January 1971 .
                                                                                      For the Council
                                                                                       The President
                                                                                           B. PONS