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Law No. 778 Of 29 December 2001 On Inter-Professional Organisations Of Agri-Food Products

Original Language Title:  LEGE nr. 778 din 29 decembrie 2001 privind organizaţiile interprofesionale pe produse agroalimentare

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LEGE no. 778 778 of 29 December 2001 on interbranch organisations on agri-food products
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 15 15 of 14 January 2002



The Romanian Parliament adopts this law + Article 1 This law regulates the establishment and operation of inter-branch organizations for a product or group of agri-food products, at national or on the production area, hereinafter referred to as interprofessional organizations on the product, the main objectives and activities, as well as their rights and obligations. + Article 2 (1) For the purposes of this law, the following terms and expressions shall be defined as follows: a) agri-food products-natural products, of plant and animal origin, including bio-products and semi-processed products, processed and/or preserved, derived from natural ones; b) the agri-food product line-the functional relationship system that binds manufacturers, processors, carriers, depositaries, distributors, traders and/or stock exchanges that trade the same product for use and/or its consumption; c) the agri-food market-the totality of the relations related to the sales-purchase documents, including the supply and demand of an agri-food product, the meeting place between the sellers and the buyers (2) The specific rules for each product will be determined by Government decisions, issued at the initiative of the Ministry of Agriculture, Food and Forestry, following the consultation of interprofessional organizations on the product. + Article 3 (1) The interprofessional organization on the product is the Romanian legal person of private law, of public interest, of a professional nature, with legal status of non-profit association, constituted according to the procedure and under the law in force at date of establishment. (2) The interbranch organization on the product is formed by the association of non-profit professional organizations, with legal personality, from the branch of production, processing, transport, storage, distribution and marketing agrofood products, established according to the law. ((. Each professional organisation within the interbranch organisation on the product shall be representative of the product of the product concerned. + Article 4 The main objectives of the interprofessional organization on the product are: a) sustainable development of agricultural production by supporting private agricultural producers, in order to highlight the material and human resources in the rural area, in order to increase the economic power of farmers and agricultural associations; b) linking the level of production and quality of products with market requirements, increasing production, undoing products and stimulating the production of biological products; c) improving the information system on supply and demand; d) the development of the agri-food market and the formation of the business spirit, specific to the market economy, to ensure competitive sales prices; e) promotion of agri-food products on the internal and external market f) ensuring equal opportunities and rights for all members; g) participation of agricultural producers in the development of strategies and development programs in the sector they represent; h) defending members ' interests in their relations with other governmental bodies and state administration; i) development and promotion of programs for the financial support of members and obtaining facilities; j) cooperation with the financing bodies of the country or abroad for the contracting of credits and the implementation of programs to ensure the development of viable and competitive holdings; k) collaboration with other bodies of the state and civil society in view of common agreements on sales and acquisition prices policy in relations with economic agents; l) concern for the promotion of practices, production technologies, to ensure the protection of the environment; m) consultancy, mainly in the field of association, management and marketing, in collaboration with the National Agricultural Advisory Agency under the Ministry of Agriculture, Food and Forestry. + Article 5 The interbranch organisation on the product shall carry out the following a) proposes measures and policies to the public administration authorities, through the councils on the product, to improve the economic efficiency on the product sector; b) presents views on the draft normative acts in its field of activity, in order to promote by public authorities; c) formulates proposals to improve the activities of the product chain, relating to: 1. market information, analyses and forecasts necessary to guide production towards obtaining products adapted to consumer demand and their protection; 2. hygiene of agri-food products, their origin and labelling; 3. the enhancement of quality marks and geographical indications, according to the provisions Law no. 84/1998 on trade marks and indications; 4. consulting activities, expertise and training for members; 5. amicable resolution of misunderstandings between member professional organizations; 6. other activities of common interest to members; d) establish statutory sanctions in the event of non-compliance with interprofessional agreements in its field of activity. + Article 6 The establishment of interprofessional organizations on the product is made in compliance with the legal provisions regarding associations and foundations, with the prior opinion of the Ministry of Agriculture, Food and Forestry. + Article 7 The interprofessional organizations on the product will be endorsed by the Ministry of Agriculture, Food and Forestry, if they meet the following conditions: a) have registered in the statute and main objectives and activities provided in art. 4 and 5, as well as provisions on the possibility of joining new members; b) operate in one or more production areas in the territory; c) represent a significant part of the production and/or trade and/or processing of agricultural products in the production area; where several production areas are involved, these organizations must demonstrate a minimum of representativeness at the level of each production area; d) carry out activities in the interest of consumers-information, market studies, quality standards and the like. + Article 8 The interprofessional organization on the product ensures its members the exercise of rights and the fulfillment of obligations, in accordance with its own status, and empowers its representatives on the product council to make decisions on behalf of the according to those determined by it. + Article 9 The status of the interprofessional organization on the product will expressly include provisions regarding the decisions that it may take in the relations between the members of the association. + Article 10 Interprofessional organizations on the product will be established, according to the law, at county and national level. The public authority of the Ministry of Agriculture, Food and Forestry of the territory will give the opinion on the basis of the constitution ruling. + Article 11 (. The interbranch organisation on the product shall be led and represented by: a) the general meeting, which is the supreme governing forum and consists of all the member professional organizations, which meet the conditions laid down in the status of the interprofessional organization on the product; b) the council of the interprofessional organization on the product, elected by the general assembly by vote, which represents the interests of the interprofessional organization in relations with the ((2) The representation of professional organizations in the general meeting of the interbranch organization shall be based on a mandate, by uninominal vote. + Article 12 For agri-food products there are councils on the product, as legal entities with union status, under the law in force at the date of establishment, consisting of representatives of interprofessional organizations on the product. + Article 13 The agri-food products for which councils will be constituted on the product will be approved by Government decision, at the initiative of the Ministry of Agriculture, Food and Forestry, following the consultation of interprofessional organizations on the product, in days from the date of entry into force of this Law. + Article 14 (1) The Council on the product harmonises the requests of inter-branch organisations on the product represented and makes proposals on improving the activity in the field it represents. (2) For the analysis of the proposals of the council on the product and draft normative acts elaborated by the Ministry of Agriculture, Food and Forestry, there are working commissions consisting of 3 representatives, appointed by the Minister of Agriculture, food and forestry, and 2 representatives appointed by the Minister of Public Finance and the Minister of Industry and Resources. (3) The working committees harmonise the views of the representatives of the council on the product and the ministries involved. (4) For the implementation of objectives and measures related to the regulation of the agri-food products market Ministry of Agriculture, Food and Forestry concludes with the council on product agreements, which will be made public in two daily interest national. (5) The agreements will mainly include provisions relating to: a) improving the information system regarding the demand, supply and prices of the main agri-food products; b) the establishment of the annual production schedule for the main agricultural crops and animal species; c) consultation of the councils on products on the draft normative acts that the Ministry of Agriculture, Food and Forestry initiates for the respective field. + Article 15 If one of the interprofessional organizations on the product does not comply with the clauses of the agreements concluded by the council on the product with the Ministry of Agriculture, Food and Forestry, its representation in the council on the product ceases by law. + Article 16 (1) The Ministry of Agriculture, Food and Forestry together with the ministries represented in the working committees will ensure the elaboration of draft normative acts, according to the conventions concluded with the council on the product. (2) The concluded conventions will mainly include clauses provided for in art. 14 14 para. ((5). + Article 17 The date of entry into force of this Law shall be repealed Government Ordinance no. 55/2000 on interprofessional organizations on agri-food products, published in the Official Gazette of Romania, Part I, no. 44 44 of 31 January 2000, approved with amendments by Law no. 41/2001 . This law was adopted by the Senate at the meeting of 8 November 2001, in compliance with the provisions of art. 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT, NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of November 19, 2001, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, OVIDIU CAMELIU PETRESCU ----------