Commission Delegated Regulation (EU) 2016/232
of 15 December 2015
supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to certain aspects of producer cooperation
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Whereas:
Specific rules on certain aspects of producer cooperation already exist for the fruit and vegetables sector, the milk and milk products sector and the olive-oil and table-olives sector. In order to ensure continuity, the specific rules for these sectors should continue to apply. For those aspects of producer cooperation which are not covered by those specific rules, this Delegated Regulation should apply.
Article 155 of Regulation (EU) No 1308/2013 provides that Member States may allow recognised producer organisations or recognised associations of producer organisations to outsource any of their activities other than production in those sectors for which outsourcing is allowed by the Commission. At present, outsourcing is provided for in the fruit and vegetables sector and the olive-oil and table-olives sector. Taking into account the economic aspects involved and the benefits that the outsourcing of certain activities can provide to producer organisations and associations of producer organisations and to their members, such outsourcing should be available to all sectors.
Rules on the recognition of transnational producer organisations, transnational associations of producer organisations and transnational interbranch organisations should be laid down as well as rules clarifying the responsibility of the Member States involved. While respecting the freedom of establishment, the recognition of transnational producer organisations and transnational associations of producer organisations should be the responsibility of the Member State in which such organisations and associations have a significant number of members or a significant volume or value of marketable production. For transnational interbranch organisations it should be for the Member State where their headquarters are established to decide on their recognition.
Rules should be laid down relating to the establishment of administrative assistance to be given in the case of transnational cooperation. Such assistance should in particular include the transfer of information that would allow the competent Member State to assess whether a transnational producer organisation, association of producer organisations or interbranch organisation complies with the terms of recognition. Such information is also necessary to allow the competent Member State to take action in case of non-compliance. At the same time, such assistance will permit the competent Member States to transfer information upon request to the Member States where members of such organisations or associations are located.
In order to ensure the proper functioning of measures under the common agricultural policy and for the purpose of monitoring, analysing and managing the market in agricultural products and ensuring a harmonised and simplified approach, the information required when notifying the decisions to allow outsourcing and to grant, refuse or withdraw the recognition of a producer organisation, association of producer organisations or interbranch organisation should be specified.
HAS ADOPTED THIS REGULATION:
Article 1Scope
This Regulation lays down rules supplementing Regulation (EU) No 1308/2013 with regard to certain aspects of producer cooperation. It applies without prejudice to the specific rules laid down in the following regulations:
F4Article 2Definitions
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 3Outsourcing
1.
The sectors in which F5the Secretary of State may permit outsourcing in accordance with Article 155 of Regulation (EU) No 1308/2013 shall be those listed in Article 1(2) of that Regulation.
2.
Producer organisations or associations of producer organisations outsourcing any of their activities shall enter into a commercial arrangement by way of a written agreement that shall ensure that the producer organisation or the association of producer organisations maintains control and supervision of the activity being carried out.
F6Article 4Recognition of transnational organisations and associations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7Article 5Notifications
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6Repeals
Regulations (EC) No 223/2008 and (EC) No 709/2008 are repealed.
Article 7
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
F8...
Done at Brussels, 15 December 2015.
For the Commission
The President
Jean-Claude Juncker