CELEX: 51982PC0497
Language: en
Date: 1982-07-28
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules for the extension of certain rules issued by producers' organizations in the fruit and vegetable sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 497
Vol. 1982/0167
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(82)497 final
                                                Brussels - 28 July 1982
                                  Proposal for a
                            COUNCIL REGULATION ( EEC )
          laying down general rules for the extension of certain rules
          issued by producers', organizations in the fruit and vegetable
               ..    .        /       sector
       \  . ■
                   ( submitted i to the Council by the Commission )
  C0M(82 ) 497 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Regrettably , it has frequently happened that decisions taken by producers'
organizations with a view , in particular , to stabilizing the market have
been prevented from achieving their full effect because of conflicting
action by producers not belonging to them .
The Commission has proposed to the Council (Article 15b of Regulation (EEC )
No 1035 / 72 ) that Member States be permitted in certain circumstances to make
the production and marketing rules issued by producers' organizations
binding on non-member producers .
The Commission is now proposing that a producers' organization or association
of producers' organizations should be considered as representative if at
least 50% of the producers in the economic area it covers belong to it and
account for at least 50% of production in the area .
However , the Commission is also proposing that it should not be possible for
the rules applied by representative producers' organizations or associations
thereof to be extended to non-members if , after consultations , it is found
that at least one third of the producers in the area concerned , accounting
for at least one third of its production , are opposed .
The rules which may be so extended are those on market information ,
production , marketing and adherence to market prices .
A number of these rules may also apply to buyers of produce which is sold on
                                           »
the tree by producers not belonging to a producers organization .
 In order to prevent this extension of the rules from becoming permanent and
 yfit to all time for it to be effective , the Commission is proposing that a •
 specific period of application be fixed .              1
 ---pagebreak---                            Proposal for a
                    COUNCIL REGULATION (EEC )
 laying down general rules for the extension *                       of certain rules
 issued by producers' organizations- in tl}«. fruit and vegetable sector
w, ,
     - .                               THE COUNCIL OF THE EUROPEAN COMMUNITIES ,           • '
                                       Having regard to the Treaty establishing
                                       the European Economic Community ,
                                       Having regard to Council Regulation (EEC )
                                       No 1035 / 72 of 18 May 1972 on the common
                                       organization of the market in fruit and
                                                   1
                                       vegetables , as last amended by Regulation
                                                         2
                                       (EEC) No            , and in particular .
                                       Article 15b thereof ,
                                       Having regard to the proposal from the Commissi
Wltdreas Article 15b of Regulation (EEC) So 1035 / 72 permits Member States ,
 under certain conditions , to extend certain rules issued in respect of its members by
 producers ' organization which is considered to be rep re sent at i ve of product ion and
marketing in its economic area to all non-member producers established in that area ;
 Whereas the representative character of a producers' organization must be
 established in the light of the proportion it represents of production and
marketing activity on the market of the economic area concerned ;
 Whereas the rules applied by a representative organization should not ,
 however , be extended to non-members against opposition by a substantial
 number of the producers of the economic area concerned ;
 Whereas , in order to harmonize the application of this system in the Member
 States , the           rules which may be extended to noti-members should be
 defined ;
 Whereas , where produce is sold on the tree , it should be specified which
 rules are to be extended to the producer and which to the buyer ;
                         *
1 0J No L 118, 20.5.1972, p.1
20J No L ,           1982, p.
 ---pagebreak---                                       - 2 -
Whereas , in order to give the system the necessary flexibility , the period
for which rules are to be extended to non-Tnembers should not exceed a
certain length ,                                 •
HAS ADOPTED THIS REGULATION :
                                  Article 1
This Regulation lays down general rules for implementing the system under
which the rules of producers * organizations in the fruit and vegetable sector are to
be extended to non-members , as provided for in Article 15b of
Regulation (EEC ) No 1035 / 72 .
                                  Article 2
A producers organization or association of producers' organizations shall
be considered representative within the meaning of Article 1 5 b C 1 ) of
Regulation (EEC ) No 1035 / 72 if it covers at least 50% of the producers in
the economic area in which it operates and at least 50% of the production of
                                           »
that area .
                                  Article 3
The rules referred to in Article 15b of Regulation ( EEC ) No 1035 / 72 shall not be made
binding where , after the consultations provided for in paragraph 1 of that Artie le ,
producers representing at least one third of production in the area make
known their opposition .
                                  Article 4
The rules which may be made binding upon producers established in a given area who are not
members of a producers * organization as referred to in Article 15b of
Regulation (EEC) No 1035 / 72 shall be those covering the activities listed in
the Annex .
 ---pagebreak---                                        - 3 -
                                      Article 5
       In cases where a producer not belonging to a producers                organization
       sells his produce on the tree , the buyer shall , for the purposes of compliance &
       with the rules referred to in points 1(e ) and ( f ), 3(a ) , ( b ), ( c ) , ( d ) , and ( e ) , and 4 M
                                                                                                               •j
       of the Annex , be considered as having produced that produce .
2.     The rule referred to in point 4 of the Annex shall apply in the event of
       resale of produce .
3.     Member States may decide that rules listed in the Annex other than those
       referred to in paragraph 1 shall be made binding upon buyers where the latter are
       responsible for orchard management .
                                      Article 6
Rules made binding under Article 15b of Regulation (EEC ) No 1035 / 72 shall
apply in respect of each product :
- for a period of not more than three marketing years in the case of the
    rules referred to in points 1 , 2 and 4 of the' Annex ;
 Ψ*  .
- until the end of each marketing year at the latest in the case of the
    rules referred to in point 3 of the Annex .
                                      Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at Brussels .                                             For the Commission
 ---pagebreak---                                                               ANNEX
                               List
of those rules applied by producers' organizations which may be extended to
non-member producers under Article 15 b of Regulation ( EEC ) No 1035/72
1 . Rules covering market information ( Article 13(1 ) ( b), last indent )
    a ) declarations of planting intentions , by product and possibly by
        variety ;
    b ) notification of plantings ;
    c ) declarations of total area under cultivation , broken down by product
        and possibly by variety ;
    d ) declarations of anticipated harvest , with expected dates , by product
        and possibly by variety ;
    e ) periodic declarations of quantities harvested and/or available stocks ,
        by variety ;
    f ) information about storage capacity .
2 . Rules covering production ( Article 13(1 ) ( b ) , penultimate indent )
    a ) any prescribed time between final pesticide applications and harvesting ;
    b ) use of specified seed depending on the intended outlet ( fresh food
        market , industrial processing );
    c ) rules concerning treatment and maximum levels of pesticide residues ;
    d ) rules on thinning .
3 . Rules covering marketing ( Article 13(1 ) ( b ) , penultimate indent )
    a ) prescribed dates for the beginning of harvesting and the staggering or
        marketing in the case of pome and drupe fruit ;
    b ) minimum qualitites and sizes ;
    c ) specific quality standards for produce which is to go for processing ;
 ---pagebreak---                                      - Ζ -
    ( d ) rules on market preparation , presentation / packing and labelling /
    ( e ) rules on indicating the origin of a product / excluding individual
          brand names /.
4 . Rules on withdrawal prices
    In accordance with the terms of Article 15(b)(1)(d ) and 15b ( 7 ).