Commission Regulation (EC) No 1886/2000 of 6 September 2000 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector

Commission Regulation (EC) No 1886/2000
of 6 September 2000
laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards the extension to non-members of certain rules adopted by producers' organisations in the fisheries sector
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(1), and in particular Article 7(10) thereof,
Whereas:
(1) Regulation (EC) No 104/2000, which repealed Council Regulations (EEC) No 3759/922(2) and (EEC) No 1772/82(3) with effect from 1 January 2001, contains provisions on an extension to non-members of rules introduced by producer organisations. It is now appropriate to fill out the framework laid down by Regulation (EC) No 104/2000, by enacting detailed rules and by repealing the current Regulation on this subject, namely Commission Regulation (EEC) No 3190/82(4), as amended by Regulation (EC) No 1336/95(5).
(2) It is necessary to define criteria for assessing the degree of representativeness of the producers' organisations whose rules it is proposed to extend to non-members. Those criteria should include both, the proportion of the total quantities marketed of the species concerned accounted for by the members of the organisation and the proportion of fishermen in the area in question who are members of the organisation.
(3) In order to harmonise the implementation of these measures, the production and marketing rules which may be extended to non-members should be defined. For the same purpose, the stage to which such extended rules apply should be specified.
(4) A minimum period of application of the rules in question should be fixed in order to maintain a certain stability in the conditions under which fishery products are marketed.
(5) Member States which decide to make obligatory the rules adopted by a producers' organisation are obliged to submit them to the Commission for examination. It is necessary, therefore, to specify what information is to be notified to the Commission.
(6) It is necessary for Member States and the Commission to publish information on the extension of rules which could affect the sector.
(7) Any amendments to the rules extended to non-members should be subject to the same requirements as to notification to the Commission and publication as the original extension.
(8) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,