Commission Regulation (EC) No 709/2008 of 24 July 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007, as regards interbranch organisations and agreements in the tobacco sector

25.7.2008 EN Official Journal of the European Union L 197/23
COMMISSION REGULATION (EC) No 709/2008
of 24 July 2008
laying down detailed rules for implementing Council Regulation (EC) No 1234/2007, as regards interbranch organisations and agreements in the tobacco sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Articles 127 and 179 in conjunction with Article 4 thereof,
Whereas:
(1) Council Regulation (EEC) No 2077/92 of 30 June 1992 concerning interbranch organisations and agreements in the tobacco sector (2) is to be repealed from 1 July 2008 under Article 201(1)(c) of Regulation (EC) No 1234/2007 (Single CMO Regulation).
(2) Certain provisions laid down in Regulation (EEC) No 2077/92 have not been incorporated in Regulation (EC) No 1234/2007. In order to enable the tobacco sector to continue to function properly and in the interest of clarity and rationalisation a new Regulation should be adopted laying down those provisions as well as the current implementing rules laid down in Commission Regulation (EEC) No 86/93 of 19 January 1993 on detailed rules for the application of Council Regulations (EEC) No 2077/92 concerning inter-branch organisations and agreements in the tobacco sector (3).
(3) Regulation (EEC) No 86/93 should therefore be repealed.
(4) Interbranch organisations established by individuals or groups, and representing a significant proportion of the various categories involved in production, processing and marketing in the tobacco sector are likely to contribute to better account being taken of the market situation and encourage changes in economic behaviour intended to improve knowledge and organisation of production, processing and marketing. Some of their activities may contribute to improvement of the market balance and therefore help to achieve the objectives laid down in Article 33 of the Treaty. The measures which may constitute such a contribution by the interbranch organisations should be defined.
(5) In view of the above, it is appropriate to grant specific recognition to bodies which can demonstrate their proven representativeness at regional, inter-regional or Community level and which take positive action in pursuit of the above mentioned objectives. Such recognition should be granted by the Member State or by the Commission, depending on the scope of the activities of the trade association.
(6) In order to support certain activities of interbranch organisations which are of particular interest in the light of the current rules concerning the market organisation for the tobacco sector, provision should be made for the rules adopted by an interbranch organisation for its members to be extended, subject to certain conditions, to all non-member producers and groups in one or more regions. Non-members should also be made liable to pay all or part of the subscriptions intended to cover the non-administrative costs incurred in pursuing such activities. This procedure should be implemented in a way which guarantees the rights of the socio-economic groups concerned, in particular the rights of the consumer.
(7) Other activities of the recognised interbranch organisations may be of general economic or technical interest for the tobacco sector and so be of benefit to all persons active in the branches in question, whether or not they are members of the organisation. In such cases it appears reasonable to make non-members liable to pay the subscriptions intended to cover the costs, other than administrative costs, arising directly from performance of the activities in question.
(8) In order to ensure correct operation of the scheme, there should be close cooperation between the Member States and the Commission. The latter should also have permanent monitoring powers, particularly as regards recognition of interbranch organisations operating at regional or inter-regional level and the agreements and concerted practices adopted by such organisations.
(9) For the information of the Member States and other interested parties there should be provision for publication, at least once a year , of a list of the organisations recognised during the previous year, a list of the organisations whose recognition has been withdrawn during the same period and the rules which have been extended with an indication of their scope.
(10) In order to be sufficiently representative for its region, an interbranch organisation must cover at least one-third of the quantities produced, processed or purchased by the members of each of the branches. Likewise, in order to avoid imbalances between regions it must meet this requirement in all of the regions in which it operates.
(11) It should be specified that trade in tobacco covers, in addition to the business of tobacco merchants, direct purchase of baled tobacco by its final users.
(12) Where the Commission is responsible for the recognition of an interbranch organisation, the information which the interbranch organisation must provide to the Commission should be specified.
(13) Withdrawal of recognition must in general be made effective from the time the requirements for recognition ceased to be met.
(14) It should be specified that the minimum degree of representation of interbranch organisations operating inter-regionally must be the same as that laid down for regional interbranch organisations.
(15) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for the Common Organisation of Agricultural Markets,