Recognised producer groups
Article 33
1. In addition to Article 32, Member States may apply a system of recognition of producer groups. The recognition system may be applied to all producer groups whose members produce a product which is designated by a geographical indication or to producer groups producing specified categories of products designated by geographical indications. A producer group may only be recognised upon request. Within the framework of the recognition system, the authorities referred to in Article 9(2) and producers referred to in Article 9(3) shall be deemed to be recognised producer groups. 2. Member States that apply the system referred to in paragraph 1 shall provide for the following criteria for a producer group to be recognised: (a) a certain legal form; and (b) fulfilment of one of the following conditions: (i) a minimum share of more than 50 % of the producers of the product as members; or (ii) a minimum share of members among the producers of the product and a minimum share of more than 50 % of volume or value of marketable production. Member States may provide for additional criteria, such as: (a) having at its disposal the necessary financial contributions of its members; (b) rules on the admission of members, on the termination of membership and on the infringement of membership obligations; (c) written statutes. If a producer group ceases to fulfil the recognition criteria, the recognition shall be suspended or withdrawn. 3. Where a producer group is recognised under the system referred to in paragraph 1 of this Article, the recognised producer group shall be the only one entitled to: (a) exercise the tasks referred to in Article 32 on behalf of all producers producing the product designated by the geographical indication concerned, without prejudice to the right of individual producers to act to defend their interests; (b) receive a notification from a producer of prepacked food of the use of the geographical indication of an ingredient in the name of a prepacked food as referred to in Article 27(2); (c) request binding rules for the regulation of supply of products designated by a geographical indication in accordance with Article 166a(1) of Regulation (EU) No 1308/2013, including for a period of up to six years in accordance with Article 166a(4), point (c), of that Regulation; (d) establish standard value sharing clauses that may be used in accordance with Article 172a of Regulation (EU) No 1308/2013; (e) agree on sustainable practices, in accordance with Article 7 of this Regulation; (f) apply for approval of an amendment in accordance with Article 24(1) of this Regulation; (g) lodge a request of cancellation in accordance with Article 25(2) of this Regulation. 4. Member States may also provide that the recognised producer group is the only producer group entitled to exercise the tasks: (a) referred to in Article 32(4), points (a) and (d) where the effect of those tasks concerns all the producers of the product designated by the geographical indication concerned; (b) referred to in Article 32(4), points (b), (e) and (f) where those tasks are exercised at international, national or regional level, without prejudice to the possibility of the producers of the product designated by the geographical indication concerned to exercise those tasks at local level. 5. A producer group established in a Member State not applying a system referred to in paragraph 1 of this Article shall be able to exercise the tasks referred to in Article 32(4), points (b), (c), (e), and (f) in a Member State applying such a system. 6. Where a geographical indication designates a cross-border geographical area, the authorities of the Member States concerned or, where relevant, of the United Kingdom in respect of Northern Ireland, shall cooperate in designating a single recognised producer group. Where the Member States concerned or, where relevant, the United Kingdom in respect of Northern Ireland, fail to reach an agreement, or where one of the Member States concerned does not apply the system referred to in paragraph 1, no producer group shall be recognised for that geographical indication. 7. Member States may decide that producer groups recognised under national law before 13 May 2024 are recognised in accordance with paragraph 1. If such a recognised producer group does not meet the criteria set out in paragraph 2, it shall adapt to the relevant rules by 14 May 2026. If compliance is not achieved by that date, the Member State concerned shall either prolong that deadline once for a maximum of one year, or withdraw the recognition. 8. If a Member State applies the system of recognised producer groups referred to in paragraph 1, it shall notify the Commission through a digital system of the name and address of the recognised producer group for each registered geographical indication and update that information when a change occurs. The Commission shall make that information publicly available and update the Union register of geographical indications accordingly.