Delegated regulation 2016/232 - Supplement to Regulation 1308/2013 with regard to certain aspects of producer cooperation - Main contents

EN

Official Journal of the European Union

L 44/1

Regulation (EU) No 1308/2013 has repealed and replaced Council Regulation (EC) No 1234/2007 (2) and lays down specific rules on producer organisations, associations of producer organisations and interbranch organisations. Regulation (EU) No 1308/2013 empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the effectiveness of the action of such organisations and associations in the new legal framework, certain rules have to be adopted.

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.

Commission Regulations (EC) No 223/2008 (3) and (EC) No 709/2008 (4) provide for rules on producer organisations, associations of producer organisations and interbranch organisations. Certain provisions of those Regulations are obsolete or have never been applied. Therefore, in order to guarantee the consistency with the new legislation on the common organisation of agricultural markets, those Regulations should be repealed,

Commission Implementing Regulation (EU) No 543/2011 (5) as regards the fruit and vegetables sector;

Commission Delegated Regulation (EU) No 880/2012 (6) and Commission Implementing Regulation (EU) No 511/2012 (7) as regards the milk and milk products sector; and

Commission Delegated Regulation (EU) No 611/2014 (8) as regards the olive-oil and table-olives sector.

‘transnational producer organisation’ means any producer organisation of which the member producers' holdings are located in more than one Member State;

‘transnational association of producer organisations’ means any association of producer organisations of which the member organisations are located in more than one Member State;

‘transnational interbranch organisation’ means any interbranch organisation of which the members are engaged in production, processing or trade in the products covered by the organisation's activities in more than one Member State.

decisions to grant, refuse or withdraw recognition of producer organisations, associations of producer organisations or interbranch organisations, including the date of the decision and the names and the sectors concerned and a summary of the reasons for refusals and withdrawals of recognition;

in respect of recognised producer organisations and recognised associations of producer organisations, the value of marketable production.