Council Regulation (EC) No 1234/2007 (repealed)Show full title

CHAPTER II Producer organisations, interbranch organisations, operator organisations

Section I General principles

Article 122 Producer organisations

Member States shall recognise producer organisations, which:

(a)

are constituted by producers of one of the following sectors:

(i)

the hops sector,

(ii)

the olive oil and table olives sector,

(iii)

the silkworm sector;

(b)

are formed on the initiative of the producers;

(c)

pursue a specific aim, which may in particular relate to:

(i)

concentrating supply and marketing the produce of the members;

(ii)

adapting production jointly to the requirements of the market and improving the product;

(iii)

promoting the rationalisation and mechanisation of production;

Article 123 Interbranch organisations

Member States shall recognise interbranch organisations which:

(a)

are made up of representatives of economic activities linked to the production of, trade in, and/or processing of products in the following sectors:

(i)

the olive oil and table olives sector;

(ii)

the tobacco sector;

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

(c)

pursue a specific aim, which may, in particular relate to:

(i)

concentrating and coordinating supply and marketing of the produce of the members;

(ii)

adapting production and processing jointly to the requirements of the market and improving the product;

(iii)

promoting the rationalisation and improvement of production and processing;

(iv)

carrying out research into sustainable production methods and market developments.

Where interbranch organisations carry out their activities in the territories of several Member States, recognition shall be granted by the Commission without the assistance of the Committee referred to in Article 195(1).

Article 124 Common provisions concerning producer and interbranch organisations

1. Article 122 and the first paragraph of Article 123 shall apply without prejudice to the recognition, decided by Member States on the basis of national law and in compliance with Community law, of producer organisations or interbranch organisations respectively, in any sector referred to in Article 1 except for the sectors referred to in Article 122 and the first paragraph of Article 123.

2. Producer organisations recognised or approved in accordance with Regulations (EC) No 865/2004, (EC) No 1952/2005 and (EC) No 1544/2006 shall be considered as recognised producer organisations under Article 122 of this Regulation.

Interbranch organisations recognised or approved in accordance with Regulations (EEC) 2077/92 and (EC) No 865/2004 shall be considered recognised interbranch organisations under Article 123 of this Regulation.

Article 125 Operator organisations

For the purposes of this Regulation, operator organisations shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators in the olive oil and table olives sector or their associations.

Section II Rules concerning interbranch organisations in the tobacco sector

Article 126 Payment of subscription by non-members

1. Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or the Commission, without the assistance of the Committee referred to in Article 195(1), where recognition has been granted by the Commission, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question.

2. The activities referred to in paragraph 1 shall relate to one of the following objectives:

(a) research to add value to the products, in particular through new uses which do not pose a threat to public health;

(b) studies to improve the quality of leaf or baled tobacco;

(c) research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.

3. The Member States concerned shall notify the Commission of decisions which they intend to take under paragraph 1. Such decisions may not apply before the expiry of a three month period starting from the date of notification to the Commission. Within that three month period the Commission may call for the rejection of all or part of the draft decision if the general economic interest put forward does not appear to be well founded.

4. Where the activities of an interbranch organisation recognised by the Commission in accordance with this Chapter are in the general economic interest, the Commission shall notify its draft decision to the Member States concerned, who shall then have two months to make their comments.

Section III Procedural rules

Article 127 Implementing rules

The Commission shall adopt the detailed rules for the application of this Chapter, in particular the conditions and procedures for the recognition of producer, interbranch and operator organisations in individual sectors, including:

(a)

the specific aims to be pursued by such organisations;

(b)

the rules of association of such organisations;

(c)

the activities of such organisations;

(d)

derogations from the requirements laid down in Articles 122, 123 and 125;

(e)

as the case may be, any effects deriving from the recognition as an interbranch organisation.