Commission Regulation (EC) No 478/97 of 14 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards preliminary recognition of producer organizations

COMMISSION REGULATION (EC) No 478/97 of 14 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards preliminary recognition of producer organizations
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organization of the market in fruit and vegetables (1), and in particular Article 48 thereof,
Whereas Article 14 of Regulation (EC) No 2200/96 provides for the possibility of a transitional period of preliminary recognition to enable new producer organizations or those which have not been recognized under Council Regulation (EEC) No 1035/72 (2), as last amended by Commission Regulation (EC) No 1363/95 (3), to meet the conditions for recognition laid down in Article 11 of Regulation (EC) No 2200/96; whereas, as a result, certain conditions should be laid down for the grant of preliminary recognition to producer organizations which submit a recognition plan;
Whereas, to promote the setting-up of stable producer organizations capable of making a lasting contribution to the attainment of the objectives of the common market organization, preliminary recognition should be granted only to producer organizations which can demonstrate their ability to meet all the requirements of Article 11 of Regulation (EC) No 2200/96 within a specified time-limit;
Whereas, to enable producer organizations to bring themselves gradually into line with the conditions laid down in Article 11 of Regulation (EC) No 2200/96 and Commission Regulation (EC) No 412/97 (4) as regards the recognition of producer organizations, less strict conditions should be laid down for the grant of preliminary recognition; whereas Member States should also be allowed to lay down stricter limits than those laid down in this Regulation, without exceeding those laid down in Article 11 (1) (c) (2) of Regulation (EC) No 2200/96 and in Regulation (EC) No 412/97, in order to take account of the different production and marketing conditions in the various Member States;
Whereas, to enable recognized producer organizations to be restructured, the obligation laid down in Article 11 (1) (c) (2) of Regulation (EC) No 2200/96 should not apply until a producer organization granted preliminary recognition obtains full recognition, without prejudice to the Member States laying down stricter conditions;
Whereas, to enable producer organizations to submit a recognition plan in accordance with Article 14 of Regulation (EC) No 2200/96, the information which producer organizations must provide in the plan should be laid down;
Whereas, to enable producer organizations better to meet the recognition conditions, there is a need to authorize changes to recognition plans; whereas to that end, provision should be made for each Member State to be able to request the producer organization to take corrective action to ensure that the plan is implemented;
Whereas producer organizations may meet the conditions laid down in Article 11 of Regulation (EC) No 2200/96 and in Regulation (EC) No 412/97 before the recognition plan is completed; whereas provision should be made to allow such organizations to submit applications for recognition under those Regulations; whereas, for the sake of consistency, the grant of such recognition to a producer organization must signify the termination of its recognition plan;
Whereas, to give producer organizations granted preliminary recognition the opportunity to implement an operational programme in accordance with Commission Regulation (EC) No 411/97 (5) as soon as recognition has been granted, it should be possible for such organizations to submit a draft operational programme when they submit their application for recognition;
Whereas, to ensure proper management of the common market organization, Member States should regularly inform the Commission of the situation as regards the grant of preliminary recognition, and of developments in the sector, in accordance with Article 9 of Regulation (EC) No 412/97;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fresh Fruit and Vegetables,