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Rules For The Application Of Council Regulation (Ec) No 1234/2007 With Regard To Producer Organisations And Associations Thereof, Interbranch Organizations, Contractual Relations In The Sector For Milk And Milk Products And The Pian ...

Original Language Title: Norme di applicazione del regolamento (CE) n. 1234/2007 per quantoriguarda le organizzazioni di produttori e loro associazioni, leorganizzazioni interprofessionali, le relazioni contrattuali nelsettore del latte e dei prodotti lattiero-caseari e i pian...

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The Minister of agricultural food and forestry policies having regard to Regulation (EC) no 1234/2007 of October 22, 2007 as amended, establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products and in particular part II, title II, chapter II as regards producer organisations, interbranch organisations, operator organisations and contract negotiations on milk and cheese offer adjustment with a protected designation of origin or protected geographical indication and part V as regards contractual relations in the milk and milk products; Having regard to Council Regulation (EC) No 261/2012 of the European Parliament and of the Council of March 14, 2012, amending Regulation (EC) No 1234/2007 as regards contractual relations in the milk and milk products; Having regard to Council Regulation (EU) No. 511/2012 of June 15, 2012 on communications concerning producer organisations and interbranch organisations as well as negotiations and contractual relations provided for in Regulation (EC) No 1234/2007 in the milk and milk products; Having regard to Council Regulation (EC) No 880/2012 of June 28, 2012 supplementing Regulation (EC) No 1234/2007 concerning transnational cooperation and contractual negotiations of producer organisations in the dairy; Visto l'art. 4, paragraph 3, of law December 29, 1990, n. 428, containing provisions for the fulfilment of the obligations arising from Italy's membership of the European Communities (Community Law for 1990); Having regard to the Legislative Decree of May 27, 2005, n. 102 agricultural market regulation laying down, in accordance with art. 1, paragraph 2, point e) of law March 7, 2003, n. 38; Having regard to the order of the Minister of agricultural food and forestry policies # 85/TRAV of February 12, 2007 laying down implementing rules of legislative decree May 27, 2005, # 102; Having regard to the Decree-Law January 24, 2012, n. 1, converted by law no March 24, 2012. 27, bearing urgent provisions on competition, infrastructure development and competitiveness and in particular art. 62 governing trade in agricultural and agri-food products; Given that in accordance with art. 126-c of Regulation (EC) No 1234/2007, contract negotiations in milk and dairy products, by producer organisations and their associations can take place regardless of whether there is or is not the transfer of ownership of raw milk from farmers to producer organisations; Considered that art. 122, first paragraph, point a), iii-bis), art. 123, paragraph 4, and articles 126 126 126-bis, ter and-e to Regulation (EC) no 1234/2007, relating to the conditions for recognition of producer organisations and their associations shall apply starting from April 2, 2012; Given the need to define procedures that ensure sufficient uniformity throughout the territory; Whereas Member States may provide that producer organisations and interbranch organisations which have been recognised before April 2, 2012 under national law and which fulfil the conditions laid down in paragraph 1 of art. 126-bis and paragraph 1 of art. 126-ter may be deemed to be recognised under Regulation (EC) No 1234/2007; Given the need to ensure communications of the disclosures required by the implementing Regulation (EU) No 511/2012 and Regulation (EU) No. 880/2012 of the Commission; Considering the need to adopt guidelines for the submission and approval of plans for adjusting the range of cheeses with a protected designation of origin or geographical indication; Gained the agreement of the Standing Conference for the relations between the State, the regions and the autonomous provinces of Trento and Bolzano at its meeting of September 26, 2012;
Decrees: Art. 1 recognition of producer organisations

and their associations 1. The recognition of producer organisations and their associations, the dairy sector, under Articles 122 and 126-bis of Council Regulation (EC) No 1234/2007, hereinafter referred to as ' the regulation shall be issued in accordance with the procedures laid down by Legislative Decree May 27, 2005, n. 102 and the Ministerial Decree No 85/TRAV of February 12, 2007 the Minister of agricultural food and forestry policies and in compliance with the requirements of relevant Community legislation. 2. except as provided in subsection 3, the provisions, definitions and requirements laid down by Legislative Decree May 27, 2005, # 102 and the provisions of the Ministerial Decree No. 85/TRAV of February 12, 2007 shall apply by analogy. 3. In applying the provisions of art. 126-c, paragraph 2, point a) of «Regulation», producer organisations who negotiate goals and the signing, on behalf of farmers, of contracts for the delivery of raw milk from a farmer to a processor of raw milk or a collector, pursuant to art. 126-quarter of «Regulation» shall not apply the provisions of art. 3, paragraph 2, point a), point 3) of legislative decree May 27, 2005, # 102. 4. for the purposes of cross-border recognition of producer organisations regions checking compliance with Community requirements concerning requirements and in particular those contained in art. 1 of delegated Regulation (EU) No 880/2012 the Commission. 5. in the case of cross-border producer organisations, the regions concerned ensure administrative cooperation as laid down in art. 2 of delegated Regulation (EU) No 880/2012 the Commission. 6. producer organisations referred to in paragraph 3, shall be entered in the appropriate registry list set forth in art. 4, paragraph 2, of legislative decree May 27, 2005, # 102. 7. To associations of producer organisations referred to in paragraphs 4 and 5 obligations are carried out by the Ministry of agricultural food and forestry policies.