CELEX: 31972R0490
Language: en
Date: 1972-03-07 00:00:00
Title: Regulation (EEC) No 490/72 of the Council of 7 March 1972 amending Regulation (EEC) No 170/71 as regards statutory provisions of producers' organizations in the fishing industry

116                                    Official Journal of the European Communities
No L 59/2                              Official Journal of the European Communities                                10.3.72
                                    REGULATION (EEC) No 490/72 OF THE COUNCIL
                                                      of 7 March 1972
              amending Regulation (EEC) No 170/71 as regards statutory provisions of producers'
                                            organizations in the fishing industry
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas it is necessary to ensure that no adverse
                                                                  effect is caused to the application of national pro­
                                                                  visions whose purpose is in certain cases to protect
Having regard to the Treaty establishing the                      the organization or its creditors from the financial
European Economic Community;                                      consequences of members' departure or to prevent
                                                                  members from leaving the organization in the course
Having regard to Council Regulation (EEC) No                      of a budget year;
2142/701 of 20 October 1970 on the common
organization of the market in fishery products, as                Whereas in the case of organizations which have
 amended by Regulation (EEC) No 2727/71,2 and in                  already been recognized it is essential to provide for a
particular Article 5 (2) thereof;                                 period which their statutes may be adapted to .the
                                                                  new rules ;
Having regard to the proposal from the Commission ;
                                                                  HAS ADOPTED THIS REGULATION:
Whereas Council Regulation (EEC) No 170/713 of 26
January 1971 on the recognition of producers'                                              Article 1
organizations in the . fishing industry provides, among
the conditions which the organizations must fulfil in             With effect from 1 February 1972 the following shall
order to be recognized, that their statutes must                  be substituted for Article 2 ( 1 ) (d) of Regulation
include provisions to ensure that members are free to             (EEC) No 170/71 :
leave the organization provided that they notify it of
their intention at least one year in advance;                         '(d) they must include in their statutes :
Whereas Commission Regulation (EEC) No 561/714                             (aa) the obligation to keep separate accounts
of 17 March 1971 on transitional measures for                                    for the activities for which recognition
recognition of producers' organization in the fishing                            is granted;
industry postponed application of those provisions                         (bb) provisions to ensure that members
for a transitional period expiring on 31 January 1972                            wishing to leave the organization are
where different provisions exist at national level ;                             free to do so provided that they have
                                                                                 been members of the organization for at
Whereas under certain national laws there is a                                   least three years following its
requirement for a minimum period of membership ;                                 recognition and provided that they
whereas that should also be made a Community                                     notify the organization of their
requirement, since it is likely to introduce an element                          intention at least one year in advance.
of stability into the working of producers'
organizations, while preventing the granting of                            The provisions under (bb) shall apply
financial support to temporary organizations ;                             without prejudice to national provisions laid
                                                                           down by law or regulation whose purpose is
                                                                           in certain cases to protect the organization or
                                                                           its creditors from any financial consequences
1 OJ  No L 23 6, 27.10.1970, p. 5 .                                        which might arise from a member's
2 OJ  No L 282, 23.12.1971 , p . 8 .                                       departure or to prevent members from
3 OJ  No L 23, 29.1.1971, p. 11 .                                          leaving the organization in the course of the
4 OJ  No L 65, 18.3.1971, p. 10.                                           budget year.'
 ---pagebreak---                                   Official Journal of the European Communities                              117
                      Article 2                              In the case of producers' organizations which have
                                                             been recognised before that date, the provisions
This Regulation shall enter into force on the third          relating to the minimum period of membership shall
day following its publication in the Official Journal        apply from 1 July 1972.
of the European Communities.
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Brussels, 7 March 1972.
                                                                                 For the Council
                                                                                  The President
                                                                                   P. WERNER