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

• CELEX: Delegated Regulation (EU) 2016/232
• Articles: 7

Article 1 Scope

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:

(a)

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

(b)

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

(c)

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

Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

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

(b)

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

(c)

‘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.

Article 3 Outsourcing

1.   The sectors in which Member States 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.

Article 4 Recognition of transnational organisations and associations

1.   Subject to Sections 1 and 2 of Chapter III of Title II of Part II of Regulation (EU) No 1308/2013, it is for the Member State in which a transnational producer organisation or a transnational association of producer organisations has a significant number of members or member organisations or a significant volume or value of marketable production, or the Member State in which the headquarters of a transnational interbranch organisation is established, to decide on the recognition of such organisation or association.

2.   The Member State referred to in paragraph 1 shall establish the necessary administrative cooperation with the other Member States in which the members of such organisation or association are located with respect to verifying compliance with the terms of recognition referred to in Articles 154, 156 and 157 of Regulation (EU) No 1308/2013.

3.   The other Member States in which the members of a transnational producer organisation, transnational association of producer organisations or transnational interbranch organisation are located shall give all necessary administrative assistance to the Member State referred to in paragraph 1.

4.   The Member State referred to in paragraph 1 shall make available all relevant information upon request of another Member State in which members of such organisation or association are located.

Article 5 Notifications

Member States shall notify the Commission by 31 March each year of the following information for the previous calendar year:

(a)

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;

(b)

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

Article 6 Repeals

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 .