Council Regulation (EEC) No 3285/83 of 14 November 1983 laying down general rules for the extension of certain rules issued by producers' organizations in the fruit and vegetables sector

COUNCIL  REGULATION (EEC) No 3285/83
of 14 November 1983
laying down general rules for the extension of certain rules issued by producers' organizations in the fruit and vegetables sector
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables (1), as last amended by Regulation (EEC) No 3284/83 (2), and in particular to Article 15b thereof,
Having regard to the proposal from the Commission,
Whereas pursuant to Article 15b of Regulation (EEC) No 1035/72, Member States may, in certain circumstances, extend to the generality of non-member producers established in a defined economic area, certain rules issued, for its members, by a producer organization considered as being representative of production and marketing in that area;
Whereas the representative nature of the organization concerned must be established on the basis of the scale of the production and marketing activity undertaken by that organization in the market of the area concerned; whereas, in order to facilitate the implementation of this system, the criteria to be laid down for the representative nature should be less strict than for the future; whereas, however, for this first period of application provision should be made that the rules applied by an organization or a representative association may not always be extended if they meet with substantial opposition from producers in the area;
Whereas, in order to harmonize the application of the system described above in the Member States, the rules which may be extended to non-members should be defined;
Whereas, where produce is sold on the tree, the rules extended to the producer and the buyer respectively should be specified;
Whereas, in order to provide the said system with the necessary flexibility, the period of application of the extended rules should not exceed a certain period,