Key Benefits:
Arrangement of the Minister for Economic Affairs of 10 October 2014, No WJZ 14152482 laying down rules on producer organisations, associations of producer organisations and interbranch organisations (scheme of producer organisations and inter-branch organisations)
The Minister for Economic Affairs,
Having regard to Articles 152, first, third and fourth paragraphs, of paragraphs 154, fourth paragraph, 156, 157, first and third paragraphs, 158, first paragraph, (161), first and third paragraphs, 163, first and third paragraphs, 164, first, fifth and sixth paragraphs, and 165 of Regulation (EU) No 1408/71. The European Parliament and the Council of 17 December 2013 on the establishment of a common organisation of the markets in agricultural products and repealing the Commission Regulations (EEC) No 1418/EEC 922/72 , (EEC) No 234/79 , (EC) No 1037/2001 and (EC) No 0 of the Council (PbEU 2013, L 347) and the Article 13, second paragraph, point (b) , and 19, 1st paragraph, of the Agricultural Act ;
Decision:
For the purposes of this arrangement:
Regulation No 1308/2013 Regulation (EU) No The European Parliament and the Council of 17 December 2013 on the establishment of a common organisation of the markets in agricultural products and repealing the Commission Regulations (EEC) No 1418/EEC 922/72 , (EEC) No 234/79 , (EC) No 1037/2001 and (EC) No 0 of the Council (PbEU 2013, L 347);
recognised organisation: producer organisation recognised by the Minister, association of producer organisations or inter-branch organisation as referred to in Chapter III, Section 1 of Regulation or Articles 161, first paragraph, or 163, first paragraph, of that Regulation.
This scheme shall not apply to producer organisations or associations of producer organisations in the fruit and vegetables sector.
A participant in the capital of a producer organisation, a union of producer organisations or of an interbranch organisation shall also apply as a member of that organisation for the purposes of this arrangement.
The Minister shall be empowered to grant an approval pursuant to Article 152, first or third paragraph, or Article 161, first paragraph, of Regulation .
The minimum number of members referred to in Article 154, first paragraph, part b, and 161, first paragraph, part b, of Regulation shall be 15.
A producer organisation applying for approval shall provide the following information with the request for approval:
a. Statutes;
(b) a description of the sector referred to in Article 1, second paragraph, of Regulation , in which the producer organisation is active;
(c) a definition of the objective or objectives referred to in Article 152 (c), first paragraph, of Regulation 1308/2103 , or, where applicable, Article 152 (b) of that Regulation, which the producer organisation pursues;
Evidence referred to in Article 154, first paragraph, point (c), of Regulation , or, where applicable, as referred to in Article 161 (c) of that Regulation;
e. a declaration that the producer organisation is aware of Article 209 of Regulation ;
(f) the name and location of the producer organisation;
g. the unique numbers assigned by the Chamber of Commerce to the producer organisation or to the members of the producer organisation if available;
h. The names of the members of the management of the producer organisation;
A confirmation that the management of the producer organisation will comply with the requirement, specified in Article 52, first paragraph, of the General Law on State Taxation ;
j. a statement of reasons for the request.
The Minister shall have the power to grant recognition pursuant to Article 156 of Regulation .
1 A union of producer organisations requesting recognition shall provide the following information with the request for approval:
a. Statutes;
(b) a description of the sector referred to in Article 1, second paragraph, of Regulation , in which the union of producer organisations is active;
(c) a definition of the objective or objectives referred to in Article 152 (c), first paragraph, of Regulation , or, where applicable, as referred to in Article 152 (b) of that Regulation, which seeks to be the union of producer organisations;
Evidence referred to in Article 154, first paragraph, point (c), of Regulation , or, where applicable, as referred to in Article 161 (c) of that Regulation;
(e) a declaration that the association of producer organisations is aware of Article 209 of the EC Treaty. Regulation ;
(f) the name and location of the association of producer organisations;
g. the unique numbers assigned by the Chamber of Commerce to the union of producer organisations or to members of the union of producer organisations;
(h) the names of the members of the union of producer organisations;
A confirmation that the administration of the union of producer organisations will comply with the requirement, Article 52, first paragraph, of the General Law on State Taxation ;
j. a statement of reasons for the request.
The Minister shall be empowered to grant recognition pursuant to Rule 157, first or third paragraph, or Article 163, first paragraph, of Regulation .
The substantial part of the economic activities referred to in Article 158, first paragraph, part c, of Regulation , at least 25% of the producers involved in the interbranch organisation and at least 25% of the distributors, processors or traders involved in the interbranch organisation.
An inter-branch organisation applying for approval shall provide the following information with the request for approval:
a. Statutes;
(b) a description of the sector referred to in Article 1, second paragraph, of Regulation , in which the interbranch organisation is active;
(c) a definition of the objective or objectives referred to in Article 157 (c), Regulation , which the interbranch organisation pursues, or, where applicable, of the activity or activities referred to in Article 157, third paragraph, (c) of that Regulation, which the inter-branch organisation pursues;
d. a declaration that the interbranch organisation is aware of Article 210 of Regulation ;
e. the name and location of the interbranch organisation;
f. the unique numbers assigned by the Chamber of Commerce to the inter-branch organisation or to the members of the inter-branch organisation if available;
g. the names of the board members of the interbranch organisation;
h. a confirmation that the branch organization ' s administration will comply with the prescription, intended in Article 52, first paragraph, of the General Law on State Taxation ;
(i) a statement of reasons for the request.
1 The Minister shall be responsible for decision-making in accordance with the provisions of Articles 164, first paragraph, or 165 of the Regulation .
2 A recognised organisation may ask the Minister to decide in accordance with Article 165 of Regulation in respect of one of those organizations, pursuant to Article 164 (1) of that Regulation, binding by the Minister.
The Minister shall, in accordance with the provisions of Articles 164, first paragraph, or 165 of Regulation Do not request if:
(a) the prescription or financial contribution may be imposed on the basis of the legislation in force, or shall be levied on the basis of the financial contribution; or
(b) the regulation or financial contribution to the judgment of the Minister makes a disproportionate infringement of the freedom of business or is not effective.
A request as referred to in Article 164, first paragraph, or Article 165 of Regulation , may be submitted only by a recognised organisation which, according to the statutes of each operator subject to it, has been kept to:
(a) enforcement of the requirement to comply with the requirement;
(b) supervise the transfer of a financial contribution; and
(c) the imposition of a sanction against any person who does not comply with a requirement or does not carry out a financial contribution.
An approved organisation applying for a decision as referred to in Article 164, first paragraph, or Article 165 of this Regulation. Regulation , at that request:
a. Evidence that the members of that organisation will also be required to implement the requirement or to pay the financial contribution;
(b) if the approved organisation is a recognised association of producer organisations or an approved inter-branch organisation, evidence showing that the operators represented by the members of that organisation will also be required to provide shall carry out or carry out the financial contribution.
1 A recognised organisation applying for a decision as referred to in Article 164, first paragraph, or Article 165 of Regulation , to that end, shall provide the following information, where appropriate:
(a) the rule to be made applicable;
(b) a description of the product or products concerned, as referred to in Article 164, third paragraph, of Regulation ;
(c) the calculation of the relevant share referred to in Article 164 (a) or (b), third paragraph, of Regulation ;
d. a description of the purpose or objectives referred to in Article 164 (4) of Regulation ;
(e) a statement of reasons demonstrating that the requirement does not conflict with the relevant European and national rules;
f. the period for which the requirement is to be declared binding or for which the financial contribution is to be paid off;
g. a description of the manner in which the recognised organisation will monitor compliance with the requirement or from the financial contribution;
h. a description of the manner in which the recognised organisation will impose sanctions on non-compliances of the regulation or in the case of non-payment of the financial contribution;
Documentation showing that the requirement has been notified by an approved inter-branch organisation pursuant to Article 210 (a) (a) of Regulation That the period referred to in paragraph 2 (b) of that Article has expired and that the European Commission has not issued a statement as referred to in the fifth paragraph of that Article.
2 A recognised organisation applying for a decision pursuant to Article 165 of Regulation , please also provide the following information:
(a) the calculation of the financial contribution payable, related to the benefit enjoyed by economic operators or groups of operators as referred to in Article 165 of this Regulation; Regulation ;
(b) the manner in which the recognised organisation will collect the financial contribution;
c. the manner in which the financial contribution is spent.
3 The first paragraph, part i, shall not apply to rules relating to the conduct of research.
The Minister shall give interested parties the opportunity to express their views on a view of Article 165 of this Regulation. Regulation decision to be taken.
Economic operators or groups of operators who, pursuant to Article 164, first paragraph, or Article 165 of Regulation are bound to carry out a requirement, or who are required to make a financial contribution to compliance with that provision or to the payment of that financial contribution towards the recognised organisation which has requested that financial contribution.
1 An approved organisation shall communicate to the Minister each year by 1 April each year at the latest:
a. A current list of the members;
(b) where it concerns a union of producer organisations or an interbranch organisation of which the Minister has declared a requirement binding under Article 164, first paragraph, of Regulation , or of which the Minister has decided to require a financial contribution pursuant to Article 165 of that Regulation, a current list of all economic operators represented by the members;
(c) the annual report and the annual accounts;
d. the current statutes in so far as they have incorporated amendments;
(e) if it is an organisation in the milk and milk products sector, the information referred to in Article 149 (2) (f) or (6) of Regulation , if the activities defined in those paragraphs have been carried out.
An approved organisation shall, where applicable, comply with the rules referred to in Articles 152, 153, 154, first paragraph, 155, 156, 157, first and third paragraphs, 158, first paragraph, 161, first paragraph, 163, first paragraph, 164, first, third and fourth members, 165, 209 and 210, first to third paragraphs, of Regulation .
In case of non-compliance with a requirement as referred to in Article 6: 2 may the minister:
(a) withdrawal of approval;
(b) Article 164, first paragraph, of Regulation Withdraw binding declaration of a prescription;
c. the provisions of Article 165 of Regulation Withdrawal of a financial contribution laid down.
A request as referred to in Article 152, first or third paragraph, 156, 157, first or third paragraph, 164, first paragraph or 165, or a point of view referred to in Article 165, or the provision of information as referred to in Article 165, or Article 6: 1 , shall be submitted by means of a means made available by the Minister.
1 The Minister shall recognise a producer organisation, a union of producer organisations or an inter-branch organisation until 31 December 2020 at the latest.
2. The Minister shall designate a request as referred to in Article 164, first paragraph, or 165 of this Regulation. Regulation by 31 December 2020 at the latest.
This arrangement shall enter into force from the day following the date of issuance of the Official Journal in which it is placed.
This scheme is cited as: Scheme producer organisations and interbranch organisations.
This arrangement will be set out in the Official Journal.
' s-Gravenhage, 10 October 2014
TheMinister
of Economic Affairs,H.G.J. Kamp
